GENERAL TERMS AND CONDITIONS OF BUSINESS AND SERVICE PROVISION

for full-scope interior design services, construction-phase supervision and professional coordination, and exterior design services

  1. GENERAL PROVISIONS

1.1. These General Terms and Conditions of Business and Service Provision (hereinafter: the General Terms) govern the mutual rights and obligations between CREATIVE TOURISM INDUSTRY d.o.o., with its registered office in Vodnjan, Ulica Giuseppe Garibaldi 17, OIB: 21171279416 (hereinafter: CTI), as the service provider, and the party ordering the service, i.e. the investor (hereinafter: the Client).

1.2. By accepting CTI’s offer, whether in writing, by email, by payment of the advance payment, or in any other unambiguous manner by which the Client confirms the order, a contractual relationship shall be deemed established between CTI and the Client, and the Client shall be deemed to have read, understood, and fully accepted these General Terms.

1.3. The contractual relationship shall apply exclusively to the service and scope of service specified in CTI’s offer. Information published on CTI’s website, in brochures, presentations, on social media, or in other promotional materials is provided for information purposes only and shall not constitute binding contractual content unless expressly included in the offer.

1.4. In the event of any inconsistency between a specific offer or contract, these General Terms, and the content published on the website or in promotional materials, the following order of priority shall apply:

  1. the specific offer and/or specific contract 
  2. these General Terms 
  3. the content of the website and promotional materials 

1.5. CTI primarily provides full-scope interior design services and, where applicable, exterior design services as part of larger residential, hospitality, and development projects. CTI shall independently decide whether to accept a smaller-scale project, a partial engagement, or a service outside its standard business model. Any such engagement must be expressly stated in the offer.

1.6. If the Client requests additional services, amendments to the Project Brief, or an extension of the scope of work not included in the accepted offer, CTI shall not be obliged to perform such services unless the additional scope, price, and deadlines have been agreed in writing in advance.

 

  1. DEFINITIONS

2.1. For the purposes of these General Terms, the following terms shall have the meanings set out below:

  • Offer – a document issued by CTI defining the scope of services, price, deadlines, and special conditions for a specific project. 
  • Project Brief – a set of requirements, functional needs, aesthetic preferences, budgetary parameters, and technical guidelines provided or confirmed by the Client for the purpose of project development. 
  • Concept Design – the conceptual phase of the project, which may include space analysis, layout solutions, furniture placement, design direction, moodboards, and other elements defined in the offer. 
  • 3D Visualisations / Visual Development – three-dimensional representations of the space intended to present the design concept. 
  • Technical Development / Project Documentation – drawings, schemes, specifications, indicative cost framework, equipment lists, and other documentation defined in the offer. 
  • Professional Support During Realisation – advisory support provided by CTI after project delivery within the basic scope defined in the offer. 
  • Construction-Phase Supervision and Professional Coordination – a separate, additional, and optional service contracted only if expressly specified in the offer. 
  • Additional Works – all services, amendments, revisions, additional variants, additional consultations, additional meetings, additional site visits, and anything else not included in the accepted offer. 
  • Third Parties – contractors, suppliers, manufacturers, designers, engineers, installers, carriers, and other external collaborators who are not CTI.

  1. SUBJECT MATTER AND SCOPE OF SERVICES

3.1. CTI undertakes to perform the service professionally, diligently, and in accordance with the rules and standards of the profession, within the scope defined in the offer and the confirmed Project Brief.

3.2. The exact content of the service, the level of project development, the number of rooms included in the project, the number of proposals, the number of permitted revisions, the scope of technical documentation, the form of delivery, and all other elements of the service shall be determined exclusively by the offer.

3.3. Unless otherwise specified in the offer, the basic service may include, depending on the type and scope of the project:

  • needs analysis and initial consultations 
  • development of the Project Brief 
  • floor plan solutions and spatial layout 
  • definition of the stylistic and functional direction 
  • 3D modelling and visualisations 
  • technical development of the selected solution 
  • a list and proposal of equipment, materials, and products 
  • an indicative cost framework 
  • basic professional support during realisation 

3.4. CTI reserves the right to adapt its methodology, sequence of phases, and manner of project presentation to the specific characteristics of each individual project, while the essential elements of the service shall remain as defined in the offer.

3.5. Anything not expressly stated in the offer shall not be deemed included in the price or in the scope of services.

  1. PROJECT PHASES AND APPROVAL

4.1. The project may be developed in phases, depending on the type of project and the accepted offer.

4.2. CTI shall submit each project phase to the Client for review and feedback in a format and through a communication channel deemed appropriate by CTI, in particular by email, PDF presentation, online meeting, in-person meeting, or any other agreed method.

4.3. The Client shall review each submitted phase without delay and, within a reasonable period, and no later than within the time limit specified by CTI or defined in the offer, provide comments, observations, objections, or approval.

4.4. Once the Client approves a particular project phase in writing, that phase shall be deemed accepted. Any subsequent changes to an already approved phase shall be considered Additional Works, unless they relate to an obvious error on the part of CTI.

4.5. Revisions and refinements are included only in the number and scope defined in the offer. Requests for additional changes, additional variants, or changes outside the previously confirmed Project Brief shall be subject to additional charges.

4.6. Any change to the Project Brief by the Client, including a change in stylistic direction, functional concept, budget framework, number of rooms, technical requirements, or other material elements, may affect the price, scope, and delivery timeline of the project. CTI shall not be obliged to begin implementing such changes before written acceptance of an additional offer or other written agreement.

  1. RIGHTS AND OBLIGATIONS OF CTI

5.1. CTI undertakes to:

  • perform the service professionally and diligently, in accordance with the rules of the profession and its own professional standards 
  • follow the confirmed Project Brief to the extent that it is feasible, professionally sound, and consistent with the rules of the profession 
  • inform the Client in a timely manner of any material circumstances that may affect the course of the project 
  • prepare and deliver documentation within the scope defined in the offer 

5.2. CTI reserves the right to propose solutions which, in its professional opinion, best suit the space, function, aesthetics, budget, and technical feasibility of execution.

5.3. CTI shall not be obliged to accept or implement any Client request if it is:

  • technically unfeasible 
  • contrary to the rules of the profession 
  • contrary to applicable laws or regulations 
  • incompatible with the previously confirmed Project Brief without an additional amendment to the scope of work 
  • such that it would materially compromise the functionality, safety, feasibility, or quality of the final solution 

5.4. If the project requires the involvement of licensed designers, engineers, structural engineers, architects, surveyors, contractors, or other specialists, CTI may recommend the engagement of third parties or coordinate their involvement, but their services are not included in CTI’s fee unless expressly stated otherwise in the offer.

5.5. The drawings, schemes, and technical documentation prepared by CTI constitute design and project documentation within the scope defined in the offer. Unless expressly agreed otherwise, they do not constitute:

  • a main design project 
  • execution design prepared by an authorised designer 
  • an electrical design project 
  • a mechanical design project 
  • a plumbing design project 
  • a structural design project 
  • a bill of quantities certified by an authorised person 
  • construction supervision 
  • or any other official design or report prescribed by special regulations 

5.6. CTI does not guarantee:

  • that all proposed products, materials, or equipment will remain permanently available on the market 
  • that their prices will remain unchanged 
  • that suppliers will comply with delivery deadlines 
  • that Third Parties will perform works without deviations, delays, or errors 

5.7. CTI has the right to propose substitute products, materials, or solutions of comparable function, quality, or aesthetic effect if the originally proposed solution becomes unavailable, significantly more expensive, or unsuitable for execution.

5.8. CTI shall not be liable for hidden defects of the property, discrepancies between the existing condition and the documentation provided, invisible structural, installation-related, or construction-related circumstances, or any circumstances that could not objectively have been identified at the time the project was prepared.

  1. RIGHTS AND OBLIGATIONS OF THE CLIENT

6.1. The Client undertakes to provide CTI in a timely manner with all data, documents, drawings, background materials, photographs, measurements, information, and other materials necessary for project development.

6.2. The Client shall be responsible for the accuracy, completeness, and legal permissibility of all data and materials provided to CTI.

6.3. CTI is entitled to use the drawings, background materials, photographs, and other documentation provided on the assumption that the Client is authorised to dispose of them and that their use does not infringe any third-party rights. The Client shall be responsible for any infringement of third-party rights.

6.4. If the Client delays in providing necessary data, confirmations, decisions, materials, or access to the premises, CTI shall have the right to:

  • extend deadlines 
  • temporarily suspend work 
  • alter the project timeline 
  • charge additional costs arising from delay, reorganisation, or project reactivation 

6.5. The Client shall review all submitted documentation in a timely manner and provide clear, consolidated, and unambiguous feedback. If multiple persons are involved on the Client’s side, the Client shall appoint one authorised person for final alignment and communication with CTI.

6.6. Before giving approval, the Client must carefully review all submitted documentation, including drawings, visualisations, layouts, specifications, equipment lists, cost frameworks, and other project materials. Following approval of any phase or documentation, CTI shall not be liable for the consequences of decisions approved by the Client, except in the case of an obvious error on the part of CTI.

6.7. The Client retains the right to make final decisions regarding the selection of equipment, materials, suppliers, and contractors, unless otherwise specifically agreed. If the Client chooses a solution contrary to CTI’s recommendation, CTI shall not be liable for any aesthetic, functional, technical, execution-related, or financial consequences of such decision.

6.8. The Client must inform CTI in a timely manner if, independently and without prior alignment with CTI, they commission works, place orders, make alterations, engage additional contractors, or choose other solutions that may affect the project. Otherwise, CTI shall not be liable for inconsistencies, additional costs, or the need for subsequent project adjustments.

6.9. The Client shall provide a realistic budget framework or clearly communicate the desired furnishing standard. If the Client fails to do so in a timely manner, CTI shall not be liable if the proposed solutions subsequently exceed the Client’s expectations that were not previously clearly communicated.

  1. DEADLINES AND WORK DYNAMICS

7.1. The deadlines for performance of the service shall begin to run only once CTI has received:

  • the accepted offer 
  • the advance payment 
  • all necessary input data and materials 
  • and once any other prerequisites for commencement stated in the offer have been fulfilled 

7.2. Deadlines shall automatically be extended for the duration of any circumstances not caused by CTI, in particular:

  • delays on the part of the Client 
  • delayed feedback 
  • changes to the Project Brief 
  • changes to the scope of work 
  • waiting for Client decisions 
  • delays caused by Third Parties 
  • force majeure 
  • unforeseen circumstances on site 

7.3. Deadlines stated in the offer are estimated deadlines unless expressly stated to be fixed deadlines.

7.4. If the Client fails to respond within a reasonable period to a delivered project phase or fails to provide necessary information, CTI shall have the right to place the project on hold. Project reactivation shall be subject to CTI’s available capacity.

  1. PRICE, ADDITIONAL WORKS, AND PAYMENT TERMS

8.1. The price of the service shall be determined by the offer. Any prices stated on CTI’s website, if any, are informative and indicative only, unless expressly confirmed in a specific offer.

8.2. Unless otherwise specified in the offer, payment shall be made as follows:

  • 50% of the total agreed fee in advance, as an advance payment, upon acceptance of the offer 
  • 50% of the total agreed fee upon delivery of the project, i.e. upon delivery of the agreed project documentation in digital form, within the deadline stated on the invoice or in the offer 

8.3. CTI shall not be obliged to commence performance of the service before the advance payment has been received and recorded.

8.4. Final delivery of the project shall be deemed completed upon delivery of the agreed documentation by electronic means, by making the documentation available for download, by project presentation, or by any other method of handover appropriate to the nature of the project.

8.5. All services not included in the offer, as well as any Additional Works, additional refinements, additional variants, subsequent changes, additional meetings, additional site visits, and all other engagements outside the agreed scope, shall be charged additionally in accordance with a separate agreement.

8.6. In the event of late payment, CTI shall have the right to:

  • charge statutory default interest 
  • suspend further work or communication on the project until all outstanding obligations have been settled 
  • extend deadlines for the duration of the delay 
  • postpone delivery of the final documentation until full payment of all due amounts has been made 

8.7. The advance payment constitutes confirmation of the order, reservation of CTI’s schedule and capacities, and compensation for the initial organisation of the project, resource planning, time allocation, and initial engagement on the project. Upon receipt of the advance payment, CTI reserves its business and operational capacities for the specific project and, due to limited capacities, may reject or postpone other business engagements. Accordingly, the advance payment is non-refundable, regardless of whether CTI has already started preparing visible project materials by the time of the Client’s withdrawal, unless otherwise expressly agreed in writing.

8.8. If, after accepting the offer and paying the advance payment, the Client withdraws from the project, terminates cooperation, prevents further work, fails to fulfil their obligations, or by their conduct makes proper performance of the service impossible, CTI shall retain the advance payment in full.

8.9. If, by the time of withdrawal, termination of cooperation, or occurrence of the circumstances referred to in the preceding paragraph, the value of the services already performed and the costs incurred exceeds the amount of the advance payment, CTI shall have the right to calculate and claim the difference up to the full value of the services actually performed and the costs incurred.

 

  1. PROFESSIONAL SUPPORT DURING REALISATION

9.1. If stated in the offer, the basic service may include limited professional support during project realisation.

9.2. The professional support referred to in the preceding paragraph includes advisory assistance related to the interpretation of project documentation, equipment, materials, and solutions envisaged by CTI in the project, to the extent reasonably connected with the basic service.

9.3. Unless otherwise specified in the offer, professional support during realisation does not include:

  • regular site visits 
  • construction site management 
  • operational management of contractors 
  • assuming responsibility for the progress of works 
  • continuous coordination of all project participants 
  • quality control of works in the sense of professional supervision under special regulations 

9.4. Requests by the Client which, by their nature, exceed the scope of the basic professional support shall be considered an additional service and shall be charged separately.

  1. CONSTRUCTION-PHASE SUPERVISION AND PROFESSIONAL COORDINATION

10.1. Construction-phase supervision and professional coordination constitute a separate, additional, and optional CTI service provided only if expressly agreed in the offer or in a separate written agreement.

10.2. Depending on the agreed scope, this service may include:

  • periodic site visits and monitoring of compliance of execution with the project 
  • interpretation of technical documentation for contractors 
  • coordination of details between different trades 
  • advising the investor when making decisions during execution 
  • participation in coordination meetings 
  • ongoing communication throughout the duration of the works 
  • recommending vetted finishing contractors and other professional collaborators 
  • monitoring the progress of works in the context of compliance with the design solution 

10.3. Unless expressly agreed otherwise, construction-phase supervision and professional coordination do not constitute:

  • construction supervision within the meaning of applicable regulations 
  • professional supervision by an authorised person 
  • project management of the construction works 
  • responsibility for site safety 
  • responsibility for organising and managing all participants in the construction process 
  • responsibility for the quality, deadlines, quantities, delivery, or cost of works performed by Third Parties 

10.4. In performing this service, CTI acts as the Client’s design author, professional, and advisory partner within the scope defined in the offer, but does not assume the obligations of contractors, suppliers, supervisors, or licensed designers under special regulations, nor does it guarantee their work.

10.5. Within the scope of this service, CTI shall take reasonable and professional steps to protect the Client’s interests, but shall not be liable for the acts, omissions, delays, errors, or non-performance of obligations by Third Parties.

  1. COOPERATION WITH THIRD PARTIES

11.1. CTI may recommend contractors, suppliers, manufacturers, designers, and other professional collaborators to the Client if it considers them suitable for the particular project, but the final decision on their engagement shall remain with the Client unless otherwise specifically agreed.

11.2. CTI shall not be liable for:

  • the quality of goods or services provided by Third Parties 
  • the accuracy of their offers 
  • delivery deadlines 
  • production and installation conditions 
  • errors in execution 
  • warranties, complaints, returns, or replacements of goods and services provided by Third Parties 

11.3. All contractual, warranty, and other relationships relating to goods and services of Third Parties shall arise between the Client and those Third Parties, unless otherwise expressly agreed.

11.4. If CTI, by agreement with the Client, administratively or communicatively facilitates contact with Third Parties, this shall not mean that CTI assumes liability for their goods, services, or conduct.

11.5. In the event of complaints, returns, delays, or other issues related to Third Parties, CTI may, if it deems it justified and if the project is still ongoing, assist the Client in communication and in seeking a solution, but shall not be obliged to assume obligations or costs attributable to Third Parties.

 

  1. COMPLAINTS AND OBJECTIONS REGARDING CTI’S SERVICE

12.1. The Client shall inspect the delivered documentation and notify CTI without delay of any specific and substantiated deficiencies constituting a deviation from the agreed service.

12.2. Any objection to CTI’s service must be submitted in writing no later than 7 days from delivery of the documentation or completion of the relevant phase, unless another deadline has been specified by special agreement.

12.3. CTI shall consider objections submitted in due time and properly substantiated and, if it determines that they are justified and relate to a deviation from the agreed service, rectify the deficiencies within a reasonable period.

12.4. The following shall not be considered deficiencies in the service:

  • a subsequent change in the Client’s taste or preferences 
  • a request for a different stylistic direction after approval of a phase 
  • a request for additional variants not included in the offer 
  • consequences of decisions previously approved by the Client 
  • changes caused by the conduct of Third Parties 
  • market unavailability of certain products or changes in their prices 

12.5. Complaints relating to products, goods, deliveries, installation, execution, or other services of Third Parties shall not constitute a complaint regarding CTI’s service and shall be pursued by the Client against the responsible Third Party.

  1. COPYRIGHT AND RIGHT TO USE DOCUMENTATION

13.1. All copyright and other intellectual property rights in projects, drawings, visualisations, presentations, technical documentation, cost frameworks, moodboards, concepts, texts, graphic representations, and other materials produced by CTI shall belong exclusively to CTI, unless otherwise expressly agreed.

13.2. Upon full payment of the agreed fee, the Client acquires the right to use the prepared documentation exclusively for the realisation of the specific project and the specific location for which the project was prepared.

13.3. Notwithstanding the preceding paragraph, the Client shall have the right to use visualisations and animations created by CTI for marketing purposes in connection with the sale, lease, and similar purposes, but solely in relation to the specific project and the specific location for which they were created, unless otherwise agreed.

13.4. The Client shall not, without CTI’s prior written approval, have the right to:

  • use the documentation for another location or another project 
  • sell, assign, or license the documentation to third parties, except to the extent relating to the permitted use of visualisations and animations for the specific project, in accordance with the preceding paragraph 
  • publicly publish, distribute, or use technical documentation, drawings, technical development materials, specifications, or other materials for commercial purposes 
  • modify the documentation and continue to use it as their own copyrighted work or for other projects

13.5. CTI reserves the right to use concept solutions, visualisations, drawings, photographs of the realised project, and other materials created within the project for its own promotion, publication on websites, social media, portfolio, professional publications, and marketing materials, unless otherwise specifically agreed or unless the nature of the project requires confidentiality.

13.6. If the Client requests a restriction or postponement of public publication of the project, such request must be separately agreed with CTI.

  1. CONFIDENTIALITY AND DATA PROTECTION

14.1. CTI shall use the data and information received from the Client exclusively for the purpose of performing the agreed service, unless otherwise prescribed by law or specifically agreed.

14.2. CTI undertakes to keep confidential all business, technical, and other sensitive information of the Client that comes to its knowledge during the cooperation, except to the extent necessary for project execution and communication with essential Third Parties involved in the realisation of the project.

14.3. The Client agrees that CTI may, to the extent necessary for project execution, share relevant project information with contractors, suppliers, designers, and other project participants where necessary for the performance of the agreed service.

14.4. Personal data shall be processed in accordance with applicable data protection regulations and CTI’s internal privacy rules.

  1. COMMUNICATION

15.1. Official communication between CTI and the Client shall primarily take place in writing, especially by email, and, where necessary, via other communication channels that provide a written record.

15.2. Telephone conversations, verbal agreements, and informal communication shall be considered binding only once confirmed in writing.

15.3. CTI shall not be liable for misunderstandings, omissions, or damage arising from actions taken on the basis of informal, unconfirmed, or contradictory instructions from the Client.

15.4. Communication shall generally take place within pre-agreed time slots and reasonable business parameters. In urgent situations, CTI shall endeavour to respond as quickly as possible, but does not guarantee continuous immediate availability.

  1. TERMINATION OF COOPERATION

16.1. The Client may withdraw from further cooperation at any time by written notice, in which case the Client shall be obliged to pay CTI for all services performed up to that time, the effort expended, and the costs incurred.

16.2. In the event of the Client’s withdrawal after acceptance of the offer and payment of the advance payment, the provisions of Article 8 of these General Terms shall apply, including CTI’s right to retain the advance payment and to calculate and claim any difference up to the full value of services already performed and costs incurred.

16.3. CTI shall have the right to terminate cooperation or temporarily suspend performance of the service if:

  • the Client fails to fulfil their obligations 
  • the Client is late with payment 
  • the Client fails to provide required information or decisions 
  • the Client gives contradictory or unreasonable instructions 
  • the Client’s conduct prevents proper performance of the service 
  • the Client requires actions contrary to the rules of the profession or applicable regulations 

16.4. In the event of termination of cooperation by CTI for reasons attributable to the Client, CTI shall retain the right to charge for all services performed and costs incurred up to that point.

16.5. Upon termination of cooperation, CTI shall not be obliged to continue work on the project or deliver additional documentation beyond the scope paid for or completed up to that point, unless otherwise specifically agreed.

  1. LIMITATION OF LIABILITY

17.1. CTI shall be liable only for damage directly caused by its fault within the scope of the agreed service and within the limits of applicable law.

17.2. CTI shall not be liable for:

  • acts, omissions, delays, errors, or non-performance by Third Parties, including contractors, suppliers, manufacturers, installers, carriers, designers, and other external collaborators 
  • delays in the delivery of goods, materials, or equipment 
  • unavailability of certain products, price changes, product discontinuation, or changes in market conditions 
  • deviations of the executed state from the project documentation caused by the work of Third Parties or by the Client’s independent decisions 
  • damage caused by inaccurate, incomplete, or late data, background materials, drawings, measurements, or instructions provided by the Client or Third Parties 
  • hidden defects of the property, invisible technical, structural, installation-related, or construction-related circumstances 
  • consequences of decisions made by the Client contrary to CTI’s recommendation or after prior approval of a project phase 
  • loss of profit, loss of income, loss of rental income, loss of business opportunity, delay in moving in, delay in commencement of use of the property, or any indirect or consequential damage 

17.3. CTI does not guarantee that the designed solutions will be executed without deviations by Third Parties, nor shall it be liable for the final result to the extent that it depends on the execution of works, the accuracy of measurements, the quality of materials, the availability of products, or the conduct of other project participants.

  1. FORCE MAJEURE

18.1. CTI shall not be liable for delay or inability to perform its obligations caused by force majeure circumstances, including but not limited to natural disasters, fire, flood, earthquake, war, epidemic, supply disruptions, market disturbances, strikes, measures of public authorities, and other extraordinary circumstances which CTI could not have foreseen, avoided, or remedied.

18.2. In the event of force majeure, deadlines shall be extended for the duration of such circumstances and their consequences.

  1. FINAL PROVISIONS

19.1. These General Terms and the contractual relationship between CTI and the Client shall be governed by the laws of the Republic of Croatia.

19.2. The parties shall seek to resolve any disputes amicably. If this is not possible, the court having subject-matter jurisdiction according to CTI’s registered office shall have jurisdiction, unless mandatory law provides otherwise.

19.3. If any provision of these General Terms is found to be null, invalid, or unenforceable, this shall not affect the validity of the remaining provisions, and such provision shall be replaced by a provision that is legally permissible and closest in purpose to the original one.

19.4. CTI reserves the right to amend these General Terms, whereby the General Terms in force at the time of acceptance of the offer shall apply to the specific contractual relationship, unless otherwise agreed.