GENERAL TERMS AND CONDITIONS
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.
a person who wants to use the service of accommodation with the Renter in the real estate advertised by the Renter on the 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.
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.
a contract concluded by the Guest and the Renter
a contract concluded by the Mediator and the Renter
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.
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.
is owned by the company Informel d.o.o.
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
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.
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: firstname.lastname@example.org 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.