ELISE. SERVICES ​ Terms and conditions

ELITE SERVICES ENTERPRISE   

društvo s ograničenom odgovornošću  

za posredovanje, turistička agencija   

Ulica 1., br. 65, Vela Luka, 20270 

I. Meaning of Terms Contained in the General Terms and Conditions

Certain terms in these General Terms and Conditions have the following meanings:

Real Estate Broker: An authorized agency that meets the conditions for conducting real estate brokerage, i.e., "ELITE SERVICES ENTERPRISE d.o.o." - Real Estate Agency (hereinafter referred to as: the Broker).

Real Estate Agent: A natural person registered in the Register of Real Estate Agents and employed by the Broker (hereinafter referred to as: the Agent).

Real Estate Brokerage: Activities of the Broker related to connecting the Principal and a Third Party and negotiating and preparing legal transactions concerning specific real estate, particularly in the case of purchase, sale, exchange, lease, rental, etc.

Principal: A natural or legal person who enters into a written brokerage agreement with the Broker (seller, buyer, lessor, lessee, landlord, tenant, and other possible participants in real estate transactions – hereinafter referred to as: the Principal).

Third Party: A person whom the Broker seeks to connect with the Principal for negotiating the conclusion of legal transactions concerning specific real estate (hereinafter referred to as: the Third Party).

II. Offer

The Broker's offer is based on data received in writing or verbally from property owners or on written or verbal orders from the Principal.

The Broker reserves the right for errors, prior sale, or withdrawal by the property owner.

III. Real Estate Brokerage Agreement

By signing the Real Estate Brokerage Agreement (hereinafter: the Agreement), the Broker agrees to endeavor to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a legal transaction regarding the transfer or establishment of a right to real estate. The Principal agrees to pay the agreed brokerage Fee if such legal transaction is concluded.

The Agreement is concluded in written form and for a fixed period.

If the parties do not specify the duration, it is considered to be concluded for 12 months and may be extended by mutual agreement.

IV. Termination of the Brokerage Agreement

A fixed-term Agreement expires at the end of the agreed period unless the mediated transaction is concluded, or it is terminated by either party.

The Principal is obliged to reimburse the Broker for agreed expenses explicitly stated in the Agreement.

V. Exclusive Brokerage

The Principal may agree not to engage any other broker for the mediated transaction (exclusive brokerage), which must be explicitly agreed.

If, during the term of the exclusive Agreement, the Principal concludes a deal through another broker, despite the exclusive instruction given to the Broker, the Principal must pay the agreed Fee and additional actual costs incurred.

If no Fee is agreed upon, the Principal must reimburse the actual costs, not exceeding the typical brokerage Fee.

Upon concluding an exclusive agreement, the Broker must inform the Principal of its legal implications.

VI. Broker's Obligations

The Broker agrees to:

• Strive to connect the Principal with a person to conclude the mediated deal
• Inform the Principal of the average market price of similar real estate
• Review documents proving ownership or other rights over the property and warn about:
  • Obvious defects and risks regarding land registry issues
  • Registered rights or claims of third parties
  • Legal consequences of non-fulfillment of obligations toward the Third Party
  • Issues with construction/use permits under specific laws
  • Legal restrictions such as pre-emption rights
• Market the property appropriately and perform all other actions agreed upon
• Enable property viewings
• Mediate in negotiations if agreed
• Keep the Principal’s personal data confidential and maintain business secrecy as requested
• Verify land use if the subject is land
• Notify the Principal of relevant known or foreseeable circumstances

VII. Principal's Obligations

The Principal agrees to:

• Provide accurate property data and, if available, permits and proof of obligations toward Third Parties
• Present ownership documents and disclose all encumbrances
• Allow the Broker and interested parties to view the property
• Provide a detailed description and asking price of the property
• Pay the Fee after signing the pre-contract or contract if stipulated
• Reimburse costs that exceed usual brokerage activities
• Notify the Broker in writing of changes related to the property or the deal

The Principal is not obligated to enter negotiations with a Third Party provided by the Broker, nor to conclude the contract, unless acting in bad faith or fraudulently, in which case they are liable for damages (minimum 1/3 of the agreed Fee, maximum full Fee).

VIII. Brokerage Fee

The Fee is determined by the Agreement and may be up to 3% of the purchase price, or the amount of one monthly rent/lease in rental agreements. The Fee includes all Broker services under Section VI.

If the Broker performs additional services at the Principal's request, they are entitled to extra fees and reimbursement of actual costs.

VAT is added to all Fees.

The Broker earns the full Fee upon signing the legal transaction (or a pre-contract).

The Principal must pay the Fee even if a different deal is concluded with the same Third Party resulting in the same effect.

The Broker is considered to have introduced the Principal to the Third Party if:

• They personally took or directed the Principal to the property
• They provided contact information or location of the property

Even after the Agreement ends, the Broker may claim a Fee within 12 months if the deal was largely a result of their prior activity.

The Fee is also due if the Principal’s spouse, partner, descendant, or parent concludes a deal with the connected Third Party.

IX. Final Provisions

The Principal bears all administrative or court fees related to obtaining necessary ownership documents, registration, contract drafting, and notarization.

These General Terms and Conditions are part of every Agreement signed with the Principal.

For all matters not expressly regulated by these Terms, the Real Estate Brokerage Act, Obligations Act, and other laws apply.

Effective from: April 18, 2025

Vela Luka, April 18, 2025

Andreas Jirka, Director

Tourism Agency Terms and conditions

Terms and Conditions of ELISE Travel Agency

1. Introduction

Welcome to ELISE Travel Agency. By booking a tour with us, you agree to the following terms and conditions. Please read them carefully.

2. Booking and Payment

2.1. All bookings must be made via email, phone, authorized agents, or directly at our office.

2.2. A full payment or deposit, as specified for each tour, trip, or transfer, is required at the time of booking.

2.3. The remaining balance (if any) must be paid before the service begins.

3. Cancellation Policy

3.1. Customer Cancellations

Cancellations made more than 24 hours before departure will receive 70% of the full price, minus any non-refundable fees.

Cancellations made less than 12 hours before departure are not eligible for a refund.

3.2. Cancellations by ELISE Travel Agency

We reserve the right to cancel any tour up to 12 hours before the scheduled departure due to unforeseen circumstances, bad weather, or insufficient number of participants.

In such cases, clients will be offered a full refund or an alternative tour option.

4. Booking Changes

4.1. Clients wishing to change their reservation must contact us as soon as possible.

4.2. Changes are subject to availability and may incur additional costs.

5. Travel Conditions

5.1. Customers must arrive at the designated meeting point at least 10 minutes before the scheduled departure time.

5.2. We are not responsible for any delays or missed tours due to late arrivals.

6. Right to Cancel

6.3. ELISE Travel Agency reserves the right to cancel tours up to 12 hours before the scheduled departure due to unforeseen circumstances, adverse weather conditions, or insufficient number of participants.

6.4. In the event of such cancellations, clients will be notified as soon as possible using the contact details provided at the time of booking.

6.5. Clients will have the option to reschedule for another date or receive a full refund.

7. Health and Safety

7.1. Clients must inform us of any medical conditions or special requirements at the time of booking.

7.2. We reserve the right to refuse participation to anyone who may jeopardize the health and safety of others.

8. Liability

8.1. ELISE Travel Agency is not responsible for any loss, injury, or damage to personal property during the trip.

8.2. Customers are responsible for their own travel insurance.

9. Complaints

9.1. Any complaints must be reported to the guide or our office during the tour.

10. Governing Law

10.1. These terms and conditions are governed by and interpreted in accordance with the laws of the jurisdiction in which the company is registered.

By booking with ELISE, you confirm that you have read, understood, and agreed to these terms and conditions.

Privacy Policy Disclaimer

1. Introduction

At ELISE Travel Agency, we are committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you book our services.

2. Information We Collect

2.1. Personal Information: When you book a tour or use our services, we may collect personal data such as:

• Full name
• Email address
• Phone number
• Payment information
• Other relevant details needed to provide our services

3. How We Use Your Data

3.1. Service Fulfillment:

We use your personal data to:

• Process your bookings and payments
• Communicate with you regarding your reservations
• Provide customer support and respond to inquiries
• Personalize and improve our services

4. Disclosure of Your Information

4.1. We do not sell, trade, or otherwise transfer your personal data to outside parties unless it is necessary to perform our service.

4.2. Legal Requirements:

We may disclose your personal data if required by law or in response to valid requests by public authorities.

5. Data Security

5.1. We implement appropriate technical and organizational measures to protect your personal data from unauthorized access, alteration, disclosure, or destruction.

5.2. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.

6. Data Retention

6.1. We will retain your personal information only as long as necessary for the purposes outlined in this Privacy Policy, and as required to comply with legal obligations, resolve disputes, and enforce our policies.

7. Your Rights

7.1. You have the right to access, correct, or delete your personal data we hold. You may also have the right to object to or restrict certain types of data processing.

7.2. To exercise your rights, please contact us using the details below.

8. Changes to This Privacy Policy

8.1. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new policy on our website. You are advised to review this policy periodically for any changes.

9. Contact Us

If you have any questions about this Privacy Policy, please contact us at:

ELISE Travel Agency

Address: Obala 4 No. 19, 20270 Vela Luka

Phone: +385991678770

Email: dreams@elise.services

By using our services, you confirm that you have read, understood, and agreed to the terms of this Privacy Policy.