Condizioni Generali

RENTAL TERMS

The holiday home is not owned by Villas Luciani d.o.o., Matija Vlačića 57, Fažana 52212, Croatia, OIB: 12343666680, (trading as Visit Istria, hereafter referred to as “we, us, our”) but by a third party (“Homeowner”). We are the party making the holiday home available to you on behalf of the Homeowner for the Homeowner’s benefit and risk. We have an agreement with the Homeowner which gives us the right to sell the rental of the holiday home. The rental of the holiday home is always subject to these rental terms, which, together with the booking confirmation, form the rental agreement (“Agreement”). Travel agencies, third-party platforms and other booking agents cannot enter into agreements that differ from our booking conditions on the website at the time of booking. We do not sell package holidays or linked travel arrangements. These booking conditions only apply to the rental of the holiday home. The tenant must acquaint themselves with any services set out in our booking conditions or through their account on our website. Any changes to the Agreement will only be valid if made in writing. If the tenant chooses to purchase any additional services or products, or if you are provided with any additional services or products, such as tickets for a water park, an amusement park or something similar, these additional services or products are the subject of a separate agreement between you as the tenant and the Homeowner or the provider of the additional service/product and are not covered by these booking conditions, which only regulate the Agreement with us.

 

PREAMBLE

Before arrival at the holiday home, the tenant will be given instructions on how to collect the keys to the holiday home. The lead tenant must be at least 18 years of age on the date of booking. For travel parties consisting of youth groups, all tenants must be of a certain age (relevant age will be stated in the house description under section ‘’Comments’’ on our website) on the date of booking see here also clause 2.3 below. 

 

1. RENTAL PERIOD

The arrival and departure times shown in your account on our website or in the booking confirmation are valid at all times. The key can normally be collected at a time later than that stated, provided an agreement for later collection has been made directly in advance with the Homeowner. The holiday home must always be vacated by no later than 10 a.m. on the day of departure. The key will only be handed over on receipt of full payment in accordance with the booking conditions and by presenting the original booking confirmation and providing all identification documents of all guests to the Homeowner at the check in. 

 

2. THE HOLIDAY HOME 

2.1 Size and use of the holiday home and grounds 

The square meters of the house indicated have been calculated based on external dimensions of the base. It is forbidden to pitch tents or to park caravans or similar on the grounds of the holiday home. Unless otherwise agreed with us, the holiday home may not be used for any purpose other than that of a holiday. If we or the Homeowner suspects that acts are being committed that are contrary to applicable law, our guidelines, public order or decency, we and/or the Homeowner have the right to gain access to the holiday home. Provided that the suspicion is confirmed to the best assessment of us and/or the Homeowner, we will have the right to terminate the Agreement and, without notice, to expel the person(s) in question from the holiday home with immediate effect and without any right to a refund of the rent. 

 

2.2 Number of guests

At any one time the holiday home and its grounds may be occupied (by which is to be understood staying overnight, although daytime guests are welcome) by no more than the number of people stated on our website and in the Agreement. This number includes children of any age. If more than the maximum number of people are staying in the holiday home, or if the tenant has pitched tents or parked caravans or similar on the grounds of the holiday home, we or the Homeowner is entitled to ask the extra people to leave the holiday home without notice. If the tenant does not comply with this request within 12 hours, the Agreement is terminated, and all occupants are obliged to leave the holiday home with immediate effect without further notice and without refund. 

 

2.3 Group composition

We primarily arrange the rental of holiday homes to families and couples. Youth groups, i.e., at least 6 persons who are predominantly under 21 years of age, although the age limit can be higher for certain houses, which will be specified in the house description on our website, must inform us at the time of booking that they are a youth group. We or the Homeowner has the right to refuse a group and to terminate the Agreement without refunding the rent if this information is not given at the time of booking. Other restrictions on group composition may apply and will be stated in the house description on our website. The tenant must comply with any restrictions or requirements stated in the house description. 

 

2.4 Pets and allergies 

Some holiday homes do not allow pets. However, neither we nor the Homeowner can guarantee that pets have not been in the holiday home on previous occasions or that the Homeowner does not have pets. Neither we nor the Homeowner accept any responsibility for any allergic or asthmatic reactions suffered by the tenant as a result of pets having been in any of the holiday homes.

 

2.5 Noise 

Occasionally, tenants may experience unexpected noise from construction sites, neighbors, traffic, etc. Neither we nor the Homeowner can be held responsible for unexpected noise.

 

2.6 Internet 

Internet is an extra service provided by Homeowner to you as a tenant for pleasure and not for business purposes. Access is subject to availability and network conditions. Internet access must be used in accordance with relevant laws.

 

2.7 Smoking 

Smoking is not permitted inside the holiday home. This does not mean that there has never been any smoking in the holiday home. An additional fee will be charged from the deposit for any breach of the smoking ban. If the damage caused by smoking exceeds the deposit, we will be entitled to charge the actual cost to the tenant. 

 

2.8 Boats 

If the Homeowner makes a boat available to the tenant free of charge, the tenant, as the borrower, is responsible for the use, safety and due care of the boat. Before using a boat, the tenant is obliged to acquaint themselves with all applicable laws and regulations in the area and to follow them as well as any instructions given by us or the homeowner. It is the tenant’s responsibility to ensure that everyone wears a life jacket and neither we nor the Homeowner is obliged to provide the tenant with life jackets. Children under the age of 16 must be accompanied by an adult. Neither we nor the Homeowner can be held responsible for accidents, damage or injuries related to the use of a boat.

 

2.9 Swimming pools, jacuzzies or similar facilities 

The tenant is responsible for any use of the swimming pool, jacuzzi or similar facilities and must follow any instructions from the Homeowner. Excessive use of the swimming pool, jacuzzi or similar facilities is not recommended. Children under the age of 16 are not permitted in the pool area without adult supervision.

 

3. PRICES AND PAYMENTS

3.1 

The booking will be confirmed after we receive the prepayment of the guest.

 

3.2 

We will send the tenant an email with a link to their account on our website immediately after the prepayment has been made. The e-mail will contain the payment confirmation and all necessary information about the booking.

 

3.3 

The rental amount will be charged by us in one or two instalments, see detailed below. Advance payments do not constitute deposits. Unless otherwise stated, all prices are in EUR (Euro) per house per week. 

 

3.4 

All prices include VAT, final cleaning fees and local tax. 

 

3.5 

The rental amount is inclusive of consumption of water, electricity, oil, gas, heating and the like (see clause 6 below).

 

3.6 For bookings made 36 days or more before the start of the rental period, the following payment conditions apply:

a. The first instalment of 30% of the total rental amount shall be due immediately and must be received by us no later than 3 days after the booking has been made.

b. The second instalment, which amounts to the remaining 70% of the rental, shall be due and must be received by us no later than 35 days before the start of the rental period.

 

3.7 For bookings made later than 35 days before the start of the rental period, the following conditions apply:

The total rental amount is due immediately and must be received by us no later than 3 day after the booking has been made. 

 

3.8 

Failure to comply with the payment terms will be considered a breach of contract and we will be entitled to terminate the Agreement (without notice if no notice is possible). Termination of the Agreement shall not relieve the tenant of the obligation to pay any amounts due and the provisions regarding cancellation in clause 5 shall apply. 

 

4. SECURITY PACKAGE - CANCELLATION PROTECTION

When the tenant books a holiday home through us, the booking is automatically covered by the Security Package, which includes Cancellation Protection. 

 

4.1

Cancellation Protection applies if you can no longer use your booking, or using it has become significantly more difficult due to any of the following qualifying reasons:

a. where the persons stated in the Agreement or their spouses, children, parents, siblings, grandparents, grandchildren, children-in-law, or parents-in-law pass away or contract an acute illness or serious injury requiring hospitalization, bed rest prescribed by a doctor or anything of a similar character. An acute illness is a newly acquired serious illness (since the time of booking), a well-founded suspicion of a newly acquired serious illness or an unexpected deterioration in an existing illness or a chronic condition.

b. where, immediately prior to the start of the tenancy, the tenant’s private home has been substantially damaged by fire or burglary, or an illegal strike has taken place in a business owned by the tenant.

 

4.2  Cancellation Protection is subject to the following conditions:

a. The tenant must notify us in writing of the qualifying reason no later than 24 hours after the onset of the qualifying reason, and we must be notified of the cancellation no later than 12 noon on the arrival day specified in the Agreement.

b. We must receive proof of the qualifying reason, such as a doctor’s certificate, death certificate or police report, no later than 3 days (72 hours) from the time of notification. The cost of any such certificate, report or statement shall be borne by the tenant.

If the deadlines specified in clause above under letters a. and b. are not met, the Cancellation Protection will not apply.

 

4.3 

The tenant is covered from the time of the booking until 12 noon on the day the rental period begins. There is no cover after the start of the rental period, nor is early departure included.

 

4.4 

Other costs that may be incurred in relation to a relevant event will not be reimbursed by us under the Cancellation Protection. It is recommended that the tenant contacts his or her insurance company to take out relevant insurance. 

 

5. CANCELLATION/CHANGES

5.1 

Cancellation can only be made in writing by e-mail and is only valid from the day it is received by us.

 

5.2 

If a booking is cancelled due to matters that are not covered by our Security Package (see clause 4), the following fees will apply:

a. From the date of booking until 60 days before the start of the rental period the guest can cancel free of charge and receive a full refund.

b. From 59 to 30 days before the start of the rental period the guest will be charged 30% of the total rental amount.

c. From 29 days until the start of the rental period the guest will be charged 100% of the rental amount.

If we do not receive a cancellation by e-mail in writing, the full rental amount is due even if the rented holiday home is not used.

 

5.3 

The cut-off time for the days referred to in clause 5.2 shall be the immediately preceding midnight.

 

5.4 

If the tenant can find another tenant in its place for the same period and at the same price, we will accept a transfer of the booking to another tenant. We must be notified in writing.

 

6. ADDITIONAL COSTS  

6.1

All additional costs need to be paid in cash upon arrival. 

 

6.2 Pool heating

There may be additional costs at some holiday homes (price will be stated in the house description under section “Optional services” on our website). Pool heating loses efficiency if the outside temperature is below 15 degrees. You need to inform us at least two weeks before your arrival about using the pool heating, because it takes a few days for the temperature to rise. 

 

6.3 Pets

There may be additional costs at some holiday homes (price will be stated in the house description under section “Optional services” on our website). You need to inform us when booking about travelling with pets.

 

6.4 Charging of electric vehicles 

The charging of electric vehicles is only permitted if the holiday home is equipped with a charging station as charging from a normal outlet can cause overheating, damage to the electrical installations and potentially fire. There may be additional costs.

 

7. DEPOSITS

7.1 Payment of deposit 

You will be charged a security deposit in cash upon arrival. The amount of the deposit depends on, amongst others, the size of the holiday home, its amenities and equipment. You can find the amount of the deposit in the house description on our website. You will get the deposit back on your departure if the holiday home is in the same condition as it was at your arrival. 

 

7.2 Increased deposit

Youth groups may be charged increased deposits, mostly the amount of the deposit doubles. We, the Homeowner or their representative shall be entitled to charge youth groups an increased deposit.

 

8. CLEANING

You must leave the house tidy and swept cleaned. 

 

9. DAMAGE

The tenant shall treat the rented premises in a responsible manner and shall return the rented premises in the same condition as they were received. The tenant shall be liable for any damage to the holiday home and/or its inventory/furniture/appliances or facilities caused by the tenant or any other person to whom the tenant has given access to the holiday home. Any damage to the holiday home and/or its inventory made during the rental period must be reported immediately to us, the Homeowner or their representative. 

 

10. DEFECTS, COMPLAINTS AND REMEDY

10.1 Complaints during stay

If the tenant finds the holiday home to be insufficiently cleaned, damaged or defective at arrival, the tenant should make a complaint immediately, as the holiday home will otherwise be deemed to have been handed over to the tenant in good order and the tenant will lose the right to complain about the problem. Complaints about cleaning should be made immediately. 

Complaints about damage or defects should be made as soon as possible and no later than 72 hours after the start of the rental period or the discovery of the defect or damage. Complaints should be made to the Homeowner, their representative or our customer service. To contact us, please refer to our website for contact information. 

 

10.2 Remedy

The tenant must endeavour to avoid aggravating any damage, defect or fault and shall mitigate any loss to the Homeowner as far as is reasonable. The Homeowner is entitled to remedy any defect or fault. In the event of a complaint, the tenant must give us a reasonable period of time to remedy or repair any defect or damage. Early departure from the holiday home before the end of the rental period without the prior consent of us is at the expense and risk of the tenant. We reserve the right, at our own discretion, to remedy any complaint by relocating the tenant to a another holiday home of a similar price and quality, if possible. The tenant risks not being able to terminate the Agreement and also risks losing the right to compensation or a reduction in price if the tenant makes it impossible for us to remedy or repair any damage or to offer a relocation to another holiday home.

 

10.3 If no solution was found during your stay

If, in the opinion of the tenant, the complaint has not been satisfactorily resolved during the rental period, the complaint should be submitted in writing to us for consideration and further investigation no later than 28 days after the end of the rental period. The consumer can file a complaint about the quality of our services in writing at our company address and the receipt of the objection will be confirmed to them in writing without delay.

 

An objection may be lodged by e-mail to the following address: info@visit-istria.net

The receipt of the service users complaint will be confirmed in writing by e-mail without delay.

We will provide a written response to the consumer's complaint no later than 15 days from the date of receipt of the complaint.

Any liability for damages is limited to direct, financial losses. Neither we nor the Homeowner can be held liable for any indirect damage (consequential damage) or any damage of a non-financial nature (non-pecuniary loss).

 

11. OUR ROLE AS THE INTERMEDIARY

The holiday home is not the property of us but of the Homeowner. We are the party that makes the holiday home available to you on behalf of the Homeowner for the Homeowner’s benefit and risk. If, contrary to our expectations, a booking cannot be completed due to reasons beyond our control, e.g., due to sale by court order or due to the Homeowner’s breach of contract or similar, we shall be entitled to cancel the booking, and any rent already paid by the tenant to us shall be refunded by us immediately. Alternatively, and at our discretion, wea are entitled to offer the tenant another similar holiday home in the same area and at the same price.

 

12. JURISDICTION

In the event of a dispute, the case must be brought before the court in the area where the holiday home is located and will be decided according to Croatian law as agreed between the parties.

 

13. EVENTS BEYOND OUR CONTROL

13.1 Force majeure

If we and/or the Homeowner are prevented or significantly hindered from fulfilling their obligations under the Agreement due to events of force majeure and/or other extraordinary events or circumstances, including but not limited to war, natural disasters, pollution disasters, drought, other extraordinary weather conditions, epidemics, pandemics, quarantine measures, the closing of borders or geographical areas, food shortages and/or rationing, traffic conditions, the interruption of currency trading, strikes or lockouts, and regardless of whether or not these events of force majeure and/or other extraordinary events or circumstances were foreseeable at the time of booking, we and/or the Homeowner shall be entitled to cancel the Agreement and neither we nor the Homeowner shall be liable for the non-performance of the Agreement. In the case of force majeure and/or other extraordinary events or circumstances, the tenant will get the refund without any additional costs. 

 

13.2 Other circumstances

Neither we nor the Homeowner can be held liable for changes in circumstances that are not related to the holiday home itself, just as neither we nor the Homeowner can be held liable for loss of enjoyment during the holiday stay as a result of such circumstances, including but not limited to factors such as roadworks or construction work near the holiday home, power cuts, closure of shops, facilities, etc., changes in opening hours, changes in swimming opportunities including a ban on swimming, changes in fishing rights and weather conditions including, but not limited to, floods, forest fires and drought. Neither we nor the Homeowner can be held responsible for cases of insect infestation in the holiday home or on the property, nor for theft of or damage to the tenant’s property or similar circumstances.

 

14. SEVERABILITY 

If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

 

15. FURTHER INFORMATION

15.1

If the tenant enters into a special written agreement with us, which deviates in one or more respects from these rental terms, the unaffected terms of our terms of rental remain in force.

 

15.2

The holiday homes are subject to availability.

 

15.3

We are not liable for any picture or printing errors.

 

15.4

We have communicated all information on our website as accurately as possible. As the holiday homes are privately owned, the information provided may be subject to change. We are not responsible for such changes.

 

15.5

Any commercial use, including any reproduction in whole or in part, or copying of the marketing material on the website or elsewhere is prohibited according to applicable law.

 

16. PRIVACY

Please see our Privacy policy on our website which explains how we will process your personal information. By submitting your personal information to us, you confirm you understand our use of the information in the ways set out in our Privacy policy, including sharing your personal information with the Homeowner for the purposes of the provision of the booking.

->  https://www.visit-istria.net/privacy-policy/