GENERAL BUSINESS TERMS
1 IN GENERAL
1.1 These General Terms regulate the relations between
Imago Ibervest d.o.o., Gračansko Borje 24, Zagreb, Personal Identification Number: 09599403888 as the owner of Villa Ella located at the address Frajga 23, 20223 Suđurađ, Island of Šipan (hereinafter: the Villa)
tourist agencies, other sales channels and guests (clients) using the services of accommodation in the Villa or regarding the accommodation (hereinafter: the Client).
1.2 The Villa shall provide the accommodation services according to the published information, description, dates and valid price list, in accordance with a confirmed booking.
1.3 An agency or tour operator may order the service for an end user and in that case the provisions of these General Terms shall also apply to them as agents.
2.1 An open request sent to the Villa by any form of written communication (letter, e-mail, fax etc.) shall be considered a request and/or interest in a booking. The Client must leave a contact number at which the Villa’s representative can contact the Client.
2.2 During the booking process the Client shall be given detailed information on the availability of the Villa and the price of accommodation, Client’s requests and needs shall be arranged and other information necessary for the booking process shall be gathered.
2.3 The Villa will provide the Client with a pro forma invoice containing all booking details.
All prices shall be expressed in EUR. The payment may be carried out in EUR, or in countervalue in HRK, USD or GBP during the bank transfer.
2.4 The booking shall be confirmed and in effect only after the Villa issues a booking confirmation on the basis of a previously paid deposit (or the full booking amount if the booking is made less than 60 days prior to arrival).
2.5 By making the payment from item 3 of these General Terms the Client confirms that he/she has read and that he/she is bound by these General Terms which he/she received together with the pro forma invoice and/or which are available at the Villa’s website.
2.6 The Client (if the Client is a physical entity) must be 18 years old or older and (if the Client is making the booking on behalf of other persons) must be authorised to make the booking on behalf of all the persons stated in the query. By sending a request for booking the Client shall confirm that he/she is authorised to make the booking on behalf of all other persons and that the other persons agree with such an arrangement, and that they are also bound by all terms of the booking. During the booking the Client shall be obligated to provide all the necessary information required during the booking process.
3.1 In order to confirm the booking the Client shall pay the non-refundable deposit in the amount of 50% of the lease amount. The deposit shall be paid within 3 days. After the deposit has been paid and the signed copy of the lease contract has been delivered to the Villa, the Villa will issue a booking confirmation. The Client shall be obligated to pay the remaining amount of 50% of the lease fee 30 days prior to the arrival date at the latest.
3.2 In the event the accommodation is being booked within the period of 60 days prior to the arrival, the Client shall be obligated to pay the full lease amount.
3.3 If the Client fails to make the payments within the deadline set forth in these General Terms, the Villa shall reserve the right to consider the contract/booking cancelled.
3.4 For the provision of additional services (catering, transport, additional staff, personal and corporate events), if applicable, a deposit in the amount of 40% of the amount shall be paid at the time of booking and the remaining amount shall be paid 30 days prior to the arrival.
All bookings regarding additional services must be made at least six (6) weeks in advance. 3.5 If the Client books additional services during the period shorter than 6 weeks prior to the arrival, the Villa shall reserve the right to reject the provision of additional services. Services booked in the Villa during the Client’s stay will be charged in cash or by credit card, depending on the service.
3.6 In the event the booking is accepted within a period shorter than 4 weeks prior to the arrival, 100% of the amount for additional services shall be paid for the provision of additional services.
4.1 The prices shall be expressed in EUR/day and the lease period shall be on a weekly basis, unless stated otherwise.
4.2 Services included in the Villa’s lease price are:
- a welcome package
- cleaning 2x a week/2 hours
- fresh towels 2x a week
- fresh bed linen 1x a week
- utility services – water, gas, electricity
- wireless Internet
- garden and swimming pool maintenance
- bathing set (soap, shampoo, shower gel)
- final cleaning
- sojourn tax and VAT
5 SECURITY DEPOSIT, TELEPHONE AND INVENTORY
5.1 In addition to the Villa’s lease fee, a security deposit in the daily lease amount shall be paid upon arrival. The security deposit may be paid directly in cash at the Villa or to the Villa’s representative after arriving to the Villa, unless otherwise stated in the lease contract. The Villa or its representative may deny access to the Villa if the deposit has not been paid. The deposit will be returned at the end of the lease period, minus all additional costs (regarding the utilities and telephone, if applicable) and any other potential damages to the property.
5.2 The Client shall inspect the Villa’s inventory while taking over the Villa and sign the list of inventory (or appoint a person who will inspect the inventory and sign the list on the Client’s behalf). The Client shall do the same at the end of the stay. The damage or disappearance of inventory shall be reimbursed according to the prices stated in the inventory list.
6 CHANGES OR CANCELLATION BY THE VILLA
In the uncalled for events of the property of the Villa becoming unavailable due to circumstances which are beyond the Villa’s or Villa’s representative control, the Villa will offer an alternative accommodation of equal (or better) features. In the event the replacement property is unavailable or the Client finds it unacceptable, the Villa shall guarantee a full refund of the received payment.
7 CANCELLATION BY THE CLIENT
Any cancellation made by the Client must be received in written form. The cancellation shall come into force from the receipt date. The Villa shall make no return of the paid amounts. The Villa strongly recommends the Client to conclude a suitable travel insurance policy.
8.1 The Villa shall be held responsible for the technical validity of the facility as a whole, as well as for the consistency of the appearance and equipment of the facility compared to its description on the website www.villaella.hr
8.2 In the interest of further improvements, the Villa shall reserve the right to change the property specification it considers necessary in the light of operative requests and repairs, without prior announcement.
For the purpose of logging into the eVisitor system, the Clients must be registered at the time of confirming the booking. Full name and data on all Clients who will be staying in the Villa must be delivered before the payment. Each Client arriving to the Villa must be identified for security reasons.
10 NUMBER OF PERSONS USING THE ACCOMMODATION SERVICE
10.1 Only persons logged into the eVisitor system can use the Villa. The number of persons spending the night at the Villa must not be greater than the number of beds stated in the Villa’s description, unless they are children under the age of two.
10.2 Other persons who want to stay at the Villa during the day must be registered by the Villa. The Villa shall reserve the right to charge an additional fee for the use of the Villa.
The manager or the representative of the Villa will have free access to the Villa at any reasonable time throughout the duration of the holiday for the purpose of inspection/control and maintenance.
12 CHECK-IN AND CHECK-OUT
The Clients shall check in between 4 and 7 p.m. on the first day of their stay and they shall check out of the Villa by 10 a.m. on the last day, unless stated otherwise.
In the event of a late arrival the Client must inform the Villa of such circumstances in order to make a suitable arrangement regarding the process of entering into the Villa.
Pets are not allowed.
14 CLIENTS’ RESPONSIBILITY
14.1 The Clients shall be held responsible for all damages, i.e. loss which occurs on the Villa’s property and/or its amenities during the stay and they will be held responsible for the payment of a corresponding compensation.
14.2 The Client must report all defects and failures within 24 hours from the moment of entering the property. If no report is received during that time period, the Villa will be deemed to exist in perfect condition.
15.1 In the event Clients are not satisfied with their holiday accommodation, they shall be obligated to contact the Villa or the representative within 24 hours from their arrival, and the Villa or the representative will try to find a solution to the problem. If after that the Clients feel that the problem has not been solved on a reasonable level, they can send a written complaint and comments to the Villa.
15.2 If the Clients leave the property before the expiry of the lease term, without the Villa’s consent, they shall waive any right to a compensation.
16 CLIENTS’ CONDUCT AND OBLIGATIONS
16.1 The Villa expects the Client to behave properly, to be polite and to abide by the laws and other regulations of the Republic of Croatia.
16.2 The Clients shall be obligated to keep the Villa, interior, furniture, amenities and equipment in the same condition as found at the beginning of their holiday and to leave the holiday accommodation in the same condition, in terms of cleanliness and order, it was when they found it.
16.3 If the Client and his/her guest do not behave in such a manner and such a conduct causes danger, property damages or keeps affecting the enjoyment of others, the Villa shall reserve the right to terminate the Client’s holiday. In that case the Villa, the owner of the Villa / the manager, may, at their own discretion, ask the Client and his/her guest to leave the Villa without the right to a compensation or lease refund.
17 ADDITIONAL SERVICES
17.1 The Villa shall organise the additional services – at an extra charge – together with its partners. The Clients shall be obligated to provide the Villa with as many information as possible in order for the Villa to be able to meet their requests to the maximum extent. The Villa, however, shall not assume the responsibility or be held responsible for the additional staff or services.
17.2 Any other arrangement the Client makes with his/her staff or any other person and/or company offering services during the Client’s stay in the Villa shall constitute an arrangement between the Client and such persons, and the Villa shall assume no responsibility for such services and terms under which they are provided. For safety reasons the Villa must be informed on such services and its providers if they are provided/taking place in its facilities.
18 TAKING PHOTOGRAPHS AND VIDEOS
18.1 Photographs and videos taken within or around the Villa may only be used for private purposes.
18.2 Public use or sale is not allowed without the prior agreement with the Villa/consent given by the Villa.
19 SOCIAL AND OTHER EVENTS
19.1 The Villa’s policy is not to allow any social and other events in the Villa (for example, wedding, gatherings, receptions, banquets) without the Villa’s prior consent and at the Villa’s discretionary decision. The permission is obligatory for any event at which the number of attendees will be greater than the number of registered persons.
19.2 If the Villa has given the permission/consent, it shall reserve the right to charge an additional compensation.
20 SECURITY AND VALUABLES
20.1 The Clients shall keep the valuables in the Villa assuming full responsibility for them.
20.2 The Villa strongly recommends to keep the valuables in the safe deposit boxes kept in the Villa.
20.3 The Villa shall assume no responsibility for any loss, damage or consequential losses due to theft or any other safety-related incident
for any reason whatsoever.
21 WAIVER OF RELIABILITY
21.1 The Villa recommends all Clients to conclude a full travel insurance policy prior to arrival.
21.2 Neither the Villa nor the owner of the Villa shall be or may be held responsible for any circumstances beyond the Villa’s control, including but not limited to a mechanical failure, swimming pool maintenance, services of emptying the swimming pool for the purpose of regular maintenance or lack of any public services and supply.
21.3 Neither the Villa nor the owner of the Villa shall be held responsible or assume any responsibility for the death, bodily or other injuries of any person or the Client stated in the booking details and registered in the eVisitor system or any third person located at the property (which is the subject of the lease) for any reason whatsoever, unless it arises from proven negligence by the owner of the Villa.
21.4 Neither the Villa nor the owner of the Villa shall be held responsible or shall assume any responsibility for any loss, damage or additional costs the Client or any Client’s guest has to bear, regardless of the cause.
21.5 Neither the Villa nor the owner of the Villa shall be held responsible or shall assume any responsibility for any loss, unpleasantries or damages, changes, violation, late arrivals or cancellation for any reason whatsoever which are beyond reasonable control of the Villa or the owner of the Villa, including but not limited to force majeure, explosions, floods, storms, fire or other natural disasters, illnesses, weather conditions, accidents, war or war danger, civil riots/fights, rebellions, terrorist activities (threatening or real), legal regulations, by-laws and/or other regulations, limitations or measures of any kind taken by any governmental or local authorities, strikes, lockouts or other industrial actions or disputes or unfavourable weather conditions, actions at the airport or the harbour taken by any government or public authority, technical issues which refer to transport and airport regulations caused by technical, mechanical or electrical failures regarding the Client’s accommodation, or other circumstances as consequences of force majeure and/or any other similar events which are beyond control of the owner of the Villa and/or the Villa.
21.6 The Villa shall not be held responsible for the failures of the mechanical equipment such as pumps, boilers, swimming pool filtration system etc., not for the shortage of public utilities services such as water, gas and electricity.
21.7 The Villa shall not be held responsible for the noise or distractions originating from the area outside the limits of the holiday accommodation or which are beyond the Villa’s control.
21.8 The Villa shall not be held responsible for any construction or road works performed in the vicinity of the facility.
21.9 The Villa shall try to inform the guests on any works which might be performed, and the works may be performed at any time without the Villa’s prior knowledge.
21.10 In any such event, the Villa shall have the right to deem the contract cancelled.
In the event of such cancellation of the contract, the Villa’s responsibility shall be limited to the refund of the paid amount compared to the (unused) part of the holiday calculated in proportion to a daily fee.
22.1 In the event of a dispute arising from the booking and lease of the Villa, the dispute shall be settled through mutual agreement (amicably) between the Villa and the Client.
22.2 If the dispute cannot be settled through mutual agreement (amicably), the court in Dubrovnik shall be held competent to settle the dispute.
22.3 The procedure regarding the settlement of a dispute shall be conducted according to Croatian laws.
23 FINAL PROVISIONS
23.1 All the provisions of these General Terms form an integral part of the lease.
23.2 By making the payment of the deposit as a booking confirmation, the Client/guest implies and confirms that he/she has understood these General Terms and lease rules, that they were made available and/or delivered to him/her, that he/she fully understands them, agrees with them and accepts them without reservation and exceptions.
23.3 In addition to these General Terms, the Villa’s rules, house rules and usual usances shall apply to the accommodation in the Villa, unless they are contrary to these General Terms.
23.4 Everything stated in these General Terms at the time of the reservation and confirmation of the booking shall become a Client’s legal obligation.
23.5 The booking, Client’s accommodation lease from the Villa and the Villa’s business operations are solely based on the laws and other valid regulations of the Republic of Croatia.