GENERAL TERMS AND CONDITIONS
DEFINITIONS
Mediator |
GUST d.o.o. za
internet oglašavanje, marketing i usluge, Dubrovnik,
Petra Svačića 9, OIB/PIN: 10271074046 is a company that possesses a portal
for online advertising of accommodation and other tourist services and as
part of its registered activity mediates or connects the Guest who wants to
use the accommodation service with the Renter in the real estate advertised
by the renter on the Portal. The Mediator is not a contracting
party in the Contract concluded between the Guest and the Renter. |
Guest |
a person who wants to use the service
of accommodation with the Renter in the real estate advertised by the Renter
on the Portal. |
Portal |
Adriatic home is an online
advertising platform in possession of the Mediator on which the Renter
advertises its accommodation facilities in accordance with the provisions of
these General Terms and Conditions. These terms and conditions apply to
the internet portal www.adriatic-home.com with all its domains and subdomains, hereinafter
referred to as the Portal. |
Renter |
a natural or legal person who, as
part of his registered activity or registered service as the final service
provider, advertises his accommodation capacities through the Portal. |
Rental contract |
a contract concluded by the Guest and the Renter |
Mediation agreement |
a contract concluded by the Mediator and the Renter |
Booking confirmation |
official confirmation of booking received by the Guest after advance
payment was made which contains all booking details including booking date
and booking time, accommodation capacity, type of accommodation, the
remaining amount to be paid before arrival or upon arrival, total number of
guests, arrival date, departure date, number of nights, cancellation rules
and contact details of the Renter of the accommodation unit. |
Advance payment |
the amount that the Guest pays and with which it confirms the
reservation |
Internet payment Gateway (IPG) |
a system for online authorization of credit card payments in
accordance with the requirements of card issuers and card brands and PCI DSS
standards. |
Portal software |
is owned by the company Informel d.o.o. the owner of the Portal software is fully responsible for errors in the Portal software the owner of the Portal software is not responsible for errors,
omissions, etc. of the Mediator and/or Renter |
Article 1. INTRODUCTORY PROVISIONS
1)
These General
Terms and Conditions (hereinafter: General Terms and Conditions) regulate:
·
rights and
obligations of the Mediator, Renter and Guest,
·
the reservation
procedure and accommodation in real estates advertised by the Renters on the
Portal for the time specified in the Booking confirmation of the Portal and
·
rules for using
the accommodation.
2)
The General Terms
and Conditions are an integral part of the Rental contract concluded by the
Guest and the Renter through the Mediator.
3)
The General Terms
and Conditions are an integral part of the Mediation agreement concluded by the
Mediator and the Renter.
4)
The relevant
regulations of the Republic of Croatia shall apply to all relations between the
Mediator, the Renter and the Guest, which are not specifically regulated by
these General Terms and Conditions.
5)
The Portal
reserves the right to change, modify and amend these General Terms and
Conditions at any time, and the changes take effect and apply from the moment
of publication.
6)
If the conditions
are drafted and available in other languages, in the event of a dispute, those
drafted in the Croatian language shall prevail.
Article 2. ACCEPTANCE OF TERMS AND
CONDITIONS
1)
Before concluding the Rental contract in electronic
form in accordance with Article 5 of these General Terms and Conditions, the
Portal presents the Guest with the General Terms and Conditions, Privacy Policy
and Cancellation Policy and offers him the choice of accepting or rejecting the
General Terms and Conditions, Privacy Policy and Cancellation Policy.
2)
If the Guest accepts these General Terms and
Conditions, Privacy Policy and Cancellation Policy, the booking process will
continue.
3)
If the Guest does not accept the General Terms,
Privacy Policy and Cancellation Policy, the booking process will not be able to
continue through the Portal and it will be considered that the Guest has
rejected the General Terms, Privacy Policy and Cancellation Policy.
4)
The Renter accepts the General Terms and Conditions by
signing the Mediation agreement with the Mediator.
5)
General terms and conditions are always available at: www.apartmanihrvatska.hr/Static/GetPage/terms.
Article 3. USE OF THE PORTAL AND
RESPONSIBILITY
1)
For the purpose of
using the services of the Portal, the Renter undertakes to register on the
Portal and fill in all the necessary information as well as contact information
in the registration form.
2)
The Guest fills in
all the necessary information on the Portal in the booking process.
3)
The Renter is
criminally and materially responsible for the accuracy of the submitted data
and is obliged to keep the data in the ads accurate and up-to-date at all
times.
4)
Guests who use the
Portal exercise all their rights towards the Renter through the contact
information published by the Renter in his user account, in the ad or contact
information received on the booking confirmation referred to in Article 10.
5)
By registering on
the Portal, the Renter allows the storage, use and processing of published data
for the purpose of the system.
6)
The Mediator
undertakes to use the data only for the purpose for which they were obtained in
accordance with the relevant regulations.
7)
The Rentor has the
right to request the closure of his account and deletion of data at any time.
8)
Deletion of the
user account and data from the Portal does not affect the confirmed
reservations, otherwise the Renter is liable to the Guest for the damage
suffered by such actions.
9)
The Mediator will
close the account and ads of the Renter, provided that at the time of the
request to close the account there are no confirmed reservations in progress.
If at the time of submitting the request for closing the account and deleting
the data there are confirmed reservations and the Mediator therefore refuses to
close the account and delete the data, the Mediator is not liable to the Renter
for damages on any grounds.
10)
The mediator takes
care of the protection of personal data in accordance with applicable
regulations and the Privacy Policy, which regulates in more detail the
collection and processing of personal data, their use, security, storage,
deletion, transfer, etc., and is always available at www.adriatic-home.com/Static/GetPage/privacy.
11)
The Renter who is
a user of the Portal is fully responsible for personal data collected and
processed and as independent controllers is obliged to act in accordance with
applicable regulations on personal data protection.
12)
The Renter is
obliged to take care of the security of his user password and change it from
time to time.
13)
The Renter is
fully responsible for all damage caused by unauthorized use of access rights,
as well as for all content published under his username.
14)
The Mediator is
not responsible for cases of misuse of the user password, but will, if
possible, take measures at the moment when the Renter reports suspicion of
probable misuse.
15)
The Mediator is
authorized at any time to close the account of those Renters who violate these
Terms and Conditions or otherwise slow down or interfere with the work of the
Portal without any liability for damage to the Renter or Guest.
16)
It is prohibited,
inter alia, but not exclusively, to publish content that is discriminatory,
racist, illegal, harmful, threatening, harassing, defamatory, pornographic,
abusive, inappropriate or illegal.
17)
In case of
violation of these Terms and the rights and obligations arising from the Terms
by the Renter, the Mediator is authorized to:
·
warn the Renter
·
at any time remove
the content from the Portal published by the Renter and take other appropriate
measures against the Renter who violate these Terms and Conditions without any
liability for damage to the Renter or Guest
·
restrict the Renter's
use of the Website;
·
temporarily or
permanently exclude (block) the user from the website,
and in these cases
is not liable for damages to the Renter on any grounds.
18)
When choosing the
measures from the previous paragraph, the Mediator takes into account the
interests of the Guests as a matter of priority.
19)
Rental contracts
that have already been concluded do not affect the deletion of the offer.
20)
The Renter is liable
to the Guest and/or third parties for any damage they suffer with the service
purchased from the Renter or in connection with the purchased service.
21)
If the requests of
the Guest and/or third parties are directed to the Mediator in connection with
the purchased service from the Renter, the Renter undertakes to take all
actions to defend and remove from the Mediator all requests of the Guest or
third parties and undertakes to reimburse the Mediator for damages and expenses
which the Mediator has suffered at the request of the Guest and/or third
parties.
22)
All possible
disputes between the Guest, third parties and the Renter arising from, but not
limited to, untruthfulness of data, content of the offer, the subject of the
offer, price of the offer, duration of the action, etc.) are resolved
exclusively between the Guest/third parties and the Renter. The Portal is not
responsible for any damage of any kind, resulting from such relationships and
the Renter undertakes to take all actions to defend and remove from the Mediator
all claims of the Guest or third parties and undertakes to reimburse the Mediator
for all damages and costs incurred by the Mediator at the request of the Guest
and/or third parties.
Article 4. LIMITATION OF LIABILITY
1)
Renters who offer real estate rental services on the
Portal are independent contracting parties and they not agents or employees of
the Mediator.
2)
The Mediator is not and cannot be held responsible for
the accuracy and completeness of the content published on the Portal by the
Renters.
3)
The Mediator is not responsible and cannot be held
responsible for the actions, errors, omissions of the Renter or have occurred
as a result of such actions of the Renter.
4)
The Mediator is not liable and cannot be held liable
for injuries, death, damage to property or any other damage or costs incurred
as a result of actions, errors, omissions of the Renter or incurred as a result
of such actions of the Renter.
5)
The Mediator is not responsible and cannot be held
liable for damages caused to the Guest or could occur due to the inability to
use the services on the Portal, which are caused by actions, errors, incomplete
content that the Renter committed or published on the Portal.
6)
All users who access the Portal use its content on
their responsibility and own risk.
7)
The Mediator reserves the right to change the
appearance, functionality and content of the Portal that is not defined by the
Renter in any way, at any time and for any reason and will not be responsible
for any possible consequences arising from such changes.
8)
If, despite the aforementioned limitations, the
Liability of the Mediator is determined for any loss or damage arising from or
in any way related to any of the aforementioned causes, the indemnity for the
Liability of the Mediator shall in no case exceed HRK 750.
Article 5. CONCLUSION OF LEASE
AGREEMENT BETWEEN GUESTS AND RENTER
1)
The Lease Agreement between the Guest and the Renter
is considered to be concluded by payment of the Advance regulated in detail by
Article 6. of these General Terms and Conditions by which the Guest confirms
his reservation.
Article 6. PAYMENT OF ADVANCE
1)
In order to confirm his reservation, the Guest is
obliged to pay an Advance.
2)
The amount of the Advance is determined by the Renter
and may differ for each accommodation unit.
3)
The rest of the price for the booked accommodation
unit is paid directly by the Guest to the Renter in accordance with the
instructions on the Portal for that specific accommodation unit and/or in an
electronic message confirming the reservation from Article 10.
4)
If the Renter so determines, the Advance payment may
correspond to the total amount of the reservation.
Article 7. SECURITY OF PAYMENT OF
RESERVATION
1)
Payment via the Portal, entry and transfer of personal
data and credit card number data is protected by the highest security standards
and levels of protection provided by IPG.
2)
IPG determines the supported types and methods of
payment.
3)
Credit card authorization and billing is done using
the real-time IPG system.
4)
Payment information is not stored in the Portal.
5)
The portal is not responsible and cannot be held
responsible for the selected types and methods of payment.
Article 8. PRICES, DISCOUNTS, PRICE
INCREASES AND PRICE ADJUSTMENTS
1)
The prices listed on the Portal reflect the valid
prices at the time of booking.
2)
The booking procedure is carried out at the prices listed
on the Portal at the time of booking.
3)
The Renter may adjust the prices for individual
accommodation units and display them on the Portal, in which case the prices of
reservations made before the price adjustment will not be adjusted.
4)
All discounts, price increases, price adjustments,
conditions, deadlines and methods of payment for accommodation capacities
stated on the Portal are determined independently by the Renter.
Article 9. RESERVATION CANCELLATION
1)
Refund of the Advance payment in case of complete or
partial cancellation of the reservation before the arrival of the Guest in the
accommodation unit depends on the cancellation rules defined by the Renter on
the Portal for each accommodation unit and specified in email confirming the
reservation.
2)
In case of cancellation, the Guest is obliged to
notify the Portal and the Renter in writing by email.
3)
The Portal and the Renter will coordinate the
processing of the canceled reservation in accordance with the cancellation
rules defined by the Renter on the Portal.
4)
All canceled reservations according to the
cancellation rules will be processed and if the conditions for refund of the
Advance payment in accordance with the rules of cancellation of the Renter are
met, the paid funds will be returned to the Guest within 5 working days of
receiving notice of cancellation.
5)
The Consumer has no right to unilaterally terminate
the Lease Agreement in accordance with the Consumer Protection Act, except
within the deadlines and under the conditions of the cancellation rules defined
by the Renter on the Portal and specified in email confirming the reservation.
Article 10. CONFIRMATIONS
1)
Within a few minutes after the completion of the
booking process and the payment of the Advance, the Guest will receive two
automated emails.
2)
The first message is a confirmation of receipt of
payment from IPG.
3)
The second message is the official booking
confirmation of the Portal for booking that contains all the details of the
reservation including the date of reservation, time of reservation,
accommodation capacity, type of accommodation, the rest of the amount to be
paid before arrival or upon arrival, total number of guests, arrival date,
departure date, number of overnight stays, cancellation rules and contact details
of the Renter of the accommodation unit.
4)
If the Guest does not receive an official booking
confirmation, it is necessary to contact the Mediator by e-mail: contact@adriatic-home.com or by
phone: +38598847100 in order for the authorized person to send him an official
booking confirmation.
Article 11. MINIMUM STAY
1)
Minimum Stay is determined by the Renter for each
accommodation capacity that he publishes on the Portal.
2)
At the request of the Guest, the Renter may accept the
reservation for a smaller number of nights than advertised. Such a change may
affect accommodation prices.
Article 12. PETS
1)
Pets are allowed only if the Renter determined so.
Article 13. ARRIVAL INFORMATION
1)
After the reservation is confirmed, the Guest is
directed to contact the Renter of the booked accommodation capacity to find out
other details that are not visible from the ad. The contact details of the
renter of the reserved accommodation capacity can be found in the booking
confirmation, along with the user account or ads.
Article 14. TIME OF ARRIVAL / TIME OF DEPARTURE
1)
Each Renter of an individual accommodation capacity
independently determines the time of arrival and time of departure.
2)
It is recommended to check with the Renter of the
accommodation unit what time of arrival and time of departure applies to a
specific accommodation unit.
Article 15. MAXIMUM CAPACITY
1)
Each accommodation capacity contains the maximum
number of guests (adults and / or children).
2)
When booking on the Portal, the Guest is obliged to
enter the exact number of guests.
3)
The Renter of an individual accommodation unit has no
obligation to take into account the reservation if the number of guests exceeds
the accommodation capacity of his accommodation unit. Such reservations are
canceled with the loss of the Advance payment. If upon the arrival of the Guest
in the accommodation unit the number of guests exceeds its accommodation
capacity, the Renter of the accommodation unit may cancel the reservation on
the spot, and the Guest will lose the Advance payment.
4)
In some cases, the Renter of an individual
accommodation unit will allow the arrival of more guests than the capacity of
the accommodation unit in question and charge a certain amount of money for an
additional person. Such a possibility must be agreed in writing before the
agreed arrival of the Guest. The guest is obliged to pay such an agreed amount
of money before arrival or upon arrival at the accommodation unit (at the
request of the Renter). If the Guest fails to perform this contractual
obligation, his reservation is canceled and loses the Advance payment.
Article 16. AVAILABILITY OF ACCOMMODATION UNITS
1)
Calendars of availability of all accommodation units
on the Portal are made on the basis of data entered into the Portal by the
Renter.
2)
In exceptional cases, it is possible that the
accommodation unit booked through the Portal is not available and the Renter is
solely responsible for the unavailability of the accommodation unit.
3)
In the previous case, the Guest agrees with the Renter
on the method of compensation, replacement accommodation, etc.
4)
The Portal and / or the Mediator do not take
responsibility for the omissions of the Renter of the booked accommodation
unit.
Article 17. PRESENTATION OF ACCOMMODATION UNITS
1)
The Mediator has taken all necessary actions to make
the information and photos on the Portal credible.
2)
The Renter is solely responsible for all deviations in
authenticity of the presented accommodation units.
Article 18. SALVATORY CLAUSE
1)
If certain provisions of these Terms and conditions
are found null and void, the nullity or inapplicability of certain provisions
does not affect the validity of other provisions.
2)
In the case referred to in paragraph 1 of this
Article, the Mediator shall supplement and / or amend the relevant Terms and
conditions and shall apply from the day of publication.
Article 19 - SETTLEMENT OF DISPUTES, APPLICABLE LAW AND JURISDICTION
1) In the
event of a dispute arising out of these Terms and conditions and services
provided by the Mediator, the court in Dubrovnik in the Republic of Croatia has
sole jurisdiction and only the laws of the Republic of Croatia shall apply.
2) In the
event of a dispute between the Guest and the Renter, the dispute against the
Renter may be initiated only in front of the court in the country in which the
Renter resides/has registered seat or in the country in which he provided the
service.