GENERAL TERMS AND CONDITIONS (T&C) OF VILLA DUE ACCOMMODATION

(hereinafter referred to as “Terms and Conditions”)

I. Basic provisions

VILLA DUE (seaview) is a detached villa designed to accommodate a maximum of 9 people (a person is defined as any person, including children over 3 years of age, who need a separate bed).

 

The villa has two floors, on the ground floor there is a living area consisting of: living room, dining room, kitchen, pantry, bathroom with toilet, entrance hall.

Upstairs there is a night part, which consists of: 4 bedrooms, 3 bathrooms, 1 living room with bed. The exterior of the Villa has a swimming pool, jacuzzi, petanque court, gazebo with outdoor kitchen, barbecue, seating area and separate toilet, parking behind the gate for parking three motor vehicles (hereinafter referred to as “Villa“).

 

The operator of the accommodation in the Villa is: IMMO MARE d.o.o., Headquarters: Ulica Matije Gupca 29, 23000 Zadar, Republic of Croatia, Reg.No. (MBS): 080611837, Reg.No. (OIB): 36952420888, VAT No.: HR36952420888

(hereinafter referred to as ‘the operator‘)

 

Accommodation in the Villa is provided by the Operator to its clients in accordance with these Terms and Conditions (hereinafter referred to as “Accommodation Services“).

 

For the purposes of these Terms and Conditions, a Client is understood to be a natural person and/or a legal person who enters into a contract with the Operator or the Intermediary for the provision of Accommodation Services in the Villa, as well as any person registered for a stay in the Villa (hereinafter referred to as the “Client/Clients“).

 

II. Conclusion of a contract for the provision of Accommodation Services

The contract for the provision of Accommodation Services between the Operator and the Client is concluded at the moment of confirmation of the Client’s order by the Operator or the Intermediary (hereinafter referred to as the “Order“). By confirming the Client’s order, the Operator undertakes to provide the Client and the persons specified in the order with the Accommodation Services at the agreed price or at the price set out in the price list. Together with the order confirmation, the Operator will send the Client a “Client Data Form” for filling in the data of the Client and the persons to whom the Accommodation Services will be provided. At the same time, by sending the order and the completed form, the Client acknowledges that the provision of Accommodation Services by the Operator in the Accommodation is governed by these Terms and Conditions or the terms and conditions of the Intermediary, if the order confirmation is with the Intermediary of the Accommodation Services.

 

The Operator and the Client will deliver all written correspondence about the order, its confirmation and any other contractual arrangements and changes thereto to each other primarily by electronic mail.

 

III. Terms and Conditions of Accommodation Services

Unless otherwise agreed individually on the basis of the Client’s order, the Operator shall allow the Client and the persons of the Client registered for the stay to enter the Accommodation always from 4 p.m. to 8 p.m. on the agreed date of commencement of the provision of the Accommodation Services in accordance with the order. If the Client wishes to check-in later in the evening or at night, after 8pm, the Operator shall be entitled to charge an administrative fee of EUR 20.

 

If the client does not check in by 8 pm on the day of the client’s agreed check-in, the operator is entitled to provide accommodation in the Villa to another client without an agreement on a possible later check-in.

 

Upon arrival at the residence, every person over 16 years of age is required to present a valid identity document (ID card or PAS)- documents that have also been entered in the “Client Data Form” . For persons under 16 years of age, personal data are reported by parents or authorised adults. Should the client refuse to show a valid ID or passport for any reason, the accommodation cannot be provided by the operator.

 

After entering the accommodation in the Villa, the client is obliged to report any shortcomings, defects, damages or reservations of the accommodation to the operator or his authorized person who handed him the keys to the accommodation and other items, to write them in the Acceptance Protocol, otherwise the operator will not subsequently take them into account as defects in the provision of Accommodation Services.

 

Pets are not allowed in the Villa. Also, the Villa is not suitable for groups of young people for the purpose of entertainment and celebrations.

 

During the provision of Accommodation Services, the Client and all persons staying with him/her are obliged to observe the night quiet after 22.00 and strictly observe the no smoking policy in the Villa. In the event that the Operator detects a violation of the above prohibitions by the Client and the persons staying with him (pets, smoking, violation of the night quiet), the Operator has the right to charge the Client a fine of EUR 100 for each individual violation and at the same time shall be liable to the Operator for the damage caused in the Villa by such actions.

 

Unless otherwise agreed individually on the basis of the client’s order, the client is obliged to leave the accommodation at the latest by 10 am on the day agreed as the day of termination of the provision of Accommodation Services in accordance with the order and to hand over the keys to the operator according to the terms set out in the order. In the event that the client does not leave the accommodation at the agreed time and does not hand over the keys to the operator, the operator is entitled to charge the client an administrative fee of EUR 20 for each hour of delay of the client in vacating the accommodation and handing over the keys.

 

In the event that the Operator discovers, after the termination of the provision of Accommodation Services and the handover of the keys to the Accommodation to the Client, damages to the Accommodation that were not reported by the Client after the arrival at the Accommodation, the Client is fully responsible for these damages and is obliged to pay for them at his/her own expense; the deposit paid by the Client prior to the arrival at the Accommodation will be used for these purposes. In the event that the value of the damage to the Accommodation exceeds the deposit paid by the Client, the Client shall be obliged to pay for the damage in excess of the deposit on the basis of an invoice issued by the Operator, otherwise in accordance with the conditions for compensation for damages pursuant to Article VIII of these Conditions.

 

Found belongings of the clients after the end of the accommodation are sent to the clients, if requested by the client, at the client’s expense. In the event that the client does not request the items to be sent at his/her own expense, or does not collect them in any other way, despite the information and invitation of the operator to collect them, the operator is entitled to dispose of them, or hand them over to the competent public authority in the case of their significant value.

 

When using the Accommodation Services, the Client has the possibility to rent sports equipment provided by the Operator, such as paddle boards, windsurfing, kayaks, petang, bicycles, ping pong and others (hereinafter referred to as “sports equipment”), for a pre-agreed rental period at a price set in accordance with these Terms and Conditions. In the event that the Client fails to return the sports equipment in the condition in which he/she received it from the Operator after the expiry of the loan period, the Operator shall be entitled to charge the Client a fine of EUR 100 for each day of non-return of the sports equipment and at the same time the Client shall be liable to the Operator for any damage caused to the sports equipment to the full extent.

 

In the event that the Operator discovers, after the termination of the provision of Accommodation Services and the return of the borrowed sports equipment, damage to the sports equipment that was not reported by the Client upon its receipt, the Client is fully responsible for such damage and is obliged to pay for it at his/her own expense; the deposit paid by the Client prior to the arrival at the accommodation will be used for this purpose. In the event that the value of the damage to the sports equipment is higher than the deposit paid by the client, the client is obliged to pay for the damage in excess of the amount of the deposit on the basis of an invoice issued by the operator.

 

IV. Price List of Accommodation Services

The Client shall pay the prices for accommodation in the Villa according to the price list valid at the time of conclusion of the contract for the provision of Accommodation Services, which is published by the Operator on the website www.duevillas.com and forms an integral annex to these Terms and Conditions, unless a different price agreement has been concluded between the Client and the Operator or the Intermediary on the basis of a confirmed order.

 

The prices for Accommodation Services set out in the attached price list are final and include value added tax in accordance with applicable law.

 

In addition to the price for the Accommodation Services, the Client is also obliged to pay:

  • tourist tax, for each person staying in the Villa, according to the current legislation in force in Croatia, in the appropriate amount determined by the tax administrator. This shall be charged to the Client according to the duration of the provision of the Accommodation Services, unless otherwise agreed;
  • deposit, which is used to cover any damage to the Villa and sports equipment by the Client.

 

The Client is obliged to pay 100% of the price of the Accommodation Services (the “Price”) on the basis of the order confirmed by the Operator (hereinafter referred to as the “Booking”).

 

The Client shall pay the Price for the Accommodation Services:

  • cashless transfer to the bank account of the Operator – Bank account name: IMMO MARE, IBAN: HR9124890041131210310, SWIFT (BIC): VBVZHR22, held at J&T banka d.d.
  • If the client has booked the Accommodation Services through the intermediary Croatia Luxury Rent, the client is obliged to pay 70% of the price of the Accommodation Services by wire transfer to the bank account of the operator – Bank account name: IMMO MARE, IBAN: HR9124890041131210310, SWIFT (BIC): VBVZHR22, held at J&T banka d.d.

 

The Client is obliged to pay the price for accommodation within 5 (five) working days from the date of confirmation of the reservation, no later than 3 (three) working days before the first day of arrival at the Villa. Otherwise, the Operator is entitled to cancel the reservation and to provide the Accommodation Services to another Client on the reserved date, as well as to demand from the Client interest on late payment for each, even started day of delay in the amount of 0.05% of the amount due.

 

The deposit and tourist tax in the amount determined by the tax administrator at the time of check-in must be paid in cash by the client no later than on the first day of check-in if it has not been paid in advance together with the price for Accommodation Services.

 

In the event that the deposit is not used to cover any damage to the Villa and/or its facilities and/or sports equipment by the Client during the provision of the Accommodation Services and after its termination, the remaining part of the deposit will be refunded to the Client no later than within 5 working days from the date of termination of the accommodation in the Villa to the Client’s bank account from which the price for accommodation was paid. If the deposit was paid in cash upon check-in, the cash will be returned to the client upon the client’s termination of the accommodation and the client’s surrender of the keys and other belongings to the Villa.

In addition to the Accommodation Services, the Client may equally avail of sports equipment rental services for the following charges:

  • EUR 100 per stay, which the Client pays directly to the Operator when renting sports equipment exclusively during the use of the Accommodation Services or when ordering the Accommodation Services.

 

V. Conditions for cancellation of ordered Accommodation Services

The client has the right to withdraw from the Accommodation Services Agreement without stating a reason within a period of 14 days from the date of concluding the Accommodation Services Agreement (order confirmation by the operator). In this case, the client is entitled to a full refund of the accommodation price, if already paid by the client, except for so-called last-minute trips booked less than 48 hours before the client’s check-in.

 

If the client withdraws from the Accommodation Services Agreement more than 60 days before the agreed start of the client’s stay, providing a reason for the withdrawal from the Accommodation Services Agreement, the client is entitled to a full refund of the accommodation price, if already paid by the client, no later than 30 days from the date of notifying the cancellation of the Accommodation reservation by the client and stating the reason for this cancellation, except for the exception defined in Article VI of these Terms and Conditions.

 

If the client withdraws from the Accommodation Services Agreement less than 60 days before the agreed start of the client’s stay, the operator is entitled to a contractual penalty for the cancellation of the ordered accommodation in the amount of 50% of the Accommodation price (hereinafter referred to as “cancellation fee”). In this case, the price of the Accommodation paid by the client will be refunded, after deducting the cancellation fee, no later than 30 days from the date of notifying the cancellation of the Accommodation reservation by the client and stating the reason for this cancellation, except for the exception defined in Article VI of these Terms and Conditions.

 

If the client fails to check-in on the agreed day as the client’s check-in for accommodation without prior notice, the operator is entitled to receive the full price of the Accommodation in the amount of 100%. In this case, the price of the Accommodation paid by the client will not be refunded, except for the exception defined in Article VI of these Terms and Conditions.

 

The operator has the right to withdraw from the Accommodation Services Agreement in the event of force majeure, i.e., an obstacle that has occurred independently of the operator’s will and prevents them from fulfilling their obligation to provide the client with Accommodation services in the agreed scope. Similarly, the operator has the right to withdraw from the Accommodation Services Agreement and shorten the client’s agreed stay in the Accommodation if the client, despite a warning from the operator or a person authorized by the operator, grossly violates good manners or otherwise grossly violates their obligations during the stay in the Apartment. In this case, the operator is entitled to payment for the portion of the Accommodation services provided.

 

By withdrawing from the Accommodation Services Agreement, all rights and obligations of the operator and the client under the agreement cease, except for the right to compensation for damages and contractual penalties.

 

VI. Special conditions in connection with COVID-19

The Client undertakes to fully comply with all regulations and restrictions adopted by the competent state authorities to prevent the transmission of the viral disease COVID – 19 (in particular, but not limited to, the obligation to wear drapes, wash hands, observe social distances, use necessary disinfection, etc.) after entering the accommodation.

 

The Client acknowledges that he/she is obliged to prove to the Operator a negative test for COVID-19 not older than 48 hours or a vaccination for COVID-19 (if the necessary time has elapsed after vaccination with the required number of vaccines according to their type) according to the generally binding regulations of the competent authorities for preventing the transmission of the spread of the viral disease COVID-19 in force at the time of arrival at the accommodation.

 

The Client acknowledges that in the event that the Operator is fined by the competent authorities because the Client has not complied with the applicable regulations in the accommodation, the Client is obliged to compensate the Operator in full for the damage caused in this way.

 

Measures taken by the competent governmental authorities in connection with the prevention of the spread of COVID-19 which prevent the Operator from providing the Accommodation Services and/or the Client from checking in as agreed shall be considered force majeure. If the reasons are on the Client’s side, the Client shall be obliged to provide the Operator with credible proof of a positive test for COVID – 19 on the part of the Client or any of the persons reported to the Accommodation, or other complication on the part of the Client. In this case, the operator will allow the client to reschedule the reservation free of charge to another date chosen by the client and approved by the operator within a period of 6 months from the date of the original reservation; in the event of a change in price due to a change of date, the client is obliged to pay the difference in price.

 

In the event that the Operator and/or the Client cannot find another suitable date to reschedule the Client’s reservation within the time limit, the Operator will refund the Client the full amount of the accommodation price paid or, at the Operator’s discretion, allow the reservation to be rescheduled for a later date.

 

VII. Compensation

The Client is not entitled to make any substantial changes to the Villa and its surroundings without the Operator’s consent, otherwise the Client shall be liable to the Operator for any damage caused to the Villa by such action.

 

In the event that, after the end of the provision of Accommodation Services, the Operator discovers damages to the Villa and/or its facilities and/or surroundings and/or borrowed sports equipment that were not reported by the Client upon check-in or upon receipt of the borrowed sports equipment, the Client shall be fully responsible for such damages and shall be obliged to pay for them at his/her own expense; the deposit paid by the Client prior to check-in shall be used for this purpose. In the event that the value of the damage to the accommodation or the borrowed sports equipment exceeds the deposit paid by the client, the client shall be obliged to pay the damages in excess of the amount of the deposit on the basis of an invoice issued by the operator.

 

The Operator shall not be liable in any way for loss and/or damage to valuables brought by the Client to the accommodation, nor for damage to the Client’s motor vehicle parked at the accommodation.

 

VIII. Effectiveness of the Terms

These terms and conditions come into force on 01.03.2022 and are part of each contract for the provision of Accommodation Services.