General terms and conditions
Section 1. General
1. These general terms and conditions apply to all bookings for the renting of a Villa from Istrian Experience d.o.o., a company incorporated in the Republic of Croatia (hereafter “Istrian Experience”).
2. The following words/definitions will have the meaning as indicated below:
“Guest or Guests”: any company and/or (legal) person who enter into an agreement with Istrian Experience for the renting of a Villa and/or the person(s) that occupy/occupies the Villa during the period as indicated in the Rental Agreement, where applicable.
“Rental Agreement”: any agreement concluded between the Guest and Istrian Experience for the renting of a Villa.
“Villa”: the villa placed on disposal of a Guest with yard, house, other buildings, swimming pool, inventory, tools and utensils, all to the extent applicable.
Section 2. Reservation and payment
1. A Rental Agreement is concluded when a booking by the Guest is confirmed in writing or by e-mail by Istrian Experience. These general terms and conditions form an integral part of the Rental Agreement. Istrian Experience shall within two working days (Monday through Friday, except Bank Holidays in the Republic of Croatia) after receipt of the booking request made by the Guest in writing, by phone, e-mail or internet (i) confirm the booking or (ii) inform that rental of the requested Villa in the requested period is not possible. The Rental Agreement is concluded in the English language. In case of a conflict between the English version and any translated version, the English version will prevail. If and to the extent terms and conditions for bookings with respect to a Villa agreed to in writing differ from these general terms and conditions, those different terms and conditions will apply.
2. To secure a reservation made by the Guest, a 50% deposit of the total rental fee within 5 business days after the confirmation of the booking by Istrian Experience is required. Payment of the remaining 50% of the total rental fee must be paid upon arrival of the Guest(s). All payments have to be done by bank draft or credit card, unless other payment terms have been agreed in writing. Istrian Experience may terminate the Rental Agreement if the payment conditions have not been fulfilled by the Guest, without any liability for Istrian Experience for any resulting damages.
3. For all Villas a security deposit of 1,000.00 EUR will be required to be paid by the Guest(s) to Istrian Experience. The security deposit may be paid by credit card, bank draft or cash and shall be used in case of damages caused by the Guest(s), including but not limited to excessive use of utilities.
4. The rental fee for the renting of a Villa is determined on the basis of the fees listed in the confirmation of the booking by Istrian Experience. Payment of rental fee(s) and all other charges must be made in EUR currency, unless agreed differently in writing, and may be effectuated by bank transfer to the account of Istrian Experience No. 700100-2098407, banka: Erste & Steiermaerkische Bank d.d. Rijeka
IBAN: HR3324020061100469284 , BIC/Swift: ESBCHR22
5. Istrian Experience does not accept responsibility for any bank charges or fees from the Guest’s bank resulting from the transfer of funds by the Guest to Istrian Experience. Any such charges or fees are due by the Guest and cannot be deducted from any payments made or due to Istrian Experience.
6. The Guest who has not timely met its financial obligations towards Istrian Experience shall be in default without prior notice. The Guest will be charged interest of 2% over the principal outstanding amount per each month or part of a month, commencing 45 days from the date that final payment must have been received by Istrian Experience. Interest will be due until full payment is received by Istrian Experience. Furthermore, the Guest is obliged to pay all non-judicial collection costs incurred by Istrian Experience with a minimum amount of EUR 50.
7. For residents of the Republic of Croatia all fees mentioned in these general terms and conditions and the Rental Agreement shall be converted to Croatian Kuna’s (HRK) per middle exchange rate of the Croatian National Bank valid on the day of first payment made by the Guest.
Section 3. Amendments by the Guest
Any amendments of the terms and conditions of the Rental Agreement must be requested by the Guest in writing within a period no later than 4 weeks after booking and shall require prior written approval by Istrian Experience.
Section 4. Amendments by Istrian Experience
Istrian Experience has the right to amend or cancel the Rental Agreement due to circumstances which make it impossible for Istrian Experience to perform its obligations under said agreement, for example, sale of the Villa, termination of management contract(s) with owner(s), change of laws in Croatia regarding the renting of real estate. Furthermore Istrian Experience has the right to amend or cancel the Rental Agreement due to reasons beyond Istrian Experience's control including but not limited to war, strike, natural disaster, exceptional weather conditions, death or bankruptcy of the owner, etc. Istrian Experience may, at its discretion, offer the Guest another Villa of same or better quality and price. If no other comparable Villa can be offered, additional fees and charges, if any, will be reimbursed to the Guest. Istrian Experience will not be liable for any damages resulting from the amendment or cancellation of the Rental Agreement, unless the damage is a result of willful misconduct or gross negligence on the part of Istrian Experience.
Section 5. Groups
1. Reservations of more than 5 Villas during any period shall require a non-refundable deposit of 10% of the total accommodation charges upon booking. 30 days prior to arrival a further deposit of 50% of the total accommodation charges will be required and the remaining rental charges shall be payable no later than 15 days prior to arrival, failing which payment(s) Istrian Experience may cancel the rental agreement without being liable for any resulting damages.
2. Upon confirmation of a group reservation a complete list of persons and arrival details must be received by Istrian Experience at least 15 days prior to the group’s scheduled arrival, failing which Istrian Experience may cancel the rental agreement without being liable for any resulting damages.
Section 6. Arrival and departure
1. The Villa is available to the Guest(s) from 4:00 pm on the day of arrival until 10:00 am on the day of departure.
2. Cleaners, pool technicians and/or landscapers may still be working in the Villa after 2:00 pm on the day of arrival or may arrive as early as 9:00 am on the day of departure.
3. Late check-out requests may be subject to additional charges and must be made by the Guest(s) to the Istrian Experience guest relation staff the night before departure.
4. Reservations will be held until 7:00 pm on the day of arrival unless prior information of late arrival has been received and accepted by Istrian Experience.
Section 7. Cancellation
1. Individuals
In the case of (i) cancellation by the Guest within 14 days prior to scheduled arrival or (ii) no show, the Guest will be subject to a cancellation charge equivalent to the total rental charges due by the Guest.
2. Groups
In case of (i) cancellation of the confirmed number of Villas within 14 days prior to scheduled arrival or (ii) no show, the Guest shall be subject to a cancellation charge equivalent to the total rental charges due by the Guest.
3. In the case of early departure by the Guest the entire rental charges and additional charges due remain payable.
4. Cancellation of the rental agreement by the Guest must be in writing and must be dated.
Section 8. Capacity/Number of persons
1. The number of Guest(s) staying at a Villa may not exceed the maximum capacity indicated in the description of a particular Villa. An exception may be made by Istrian Experience for children under the age of twelve for whom an extra folding bed may be placed. Cots for babies under the age of two are available on request free of charge.
2. The number of persons staying in the Villa may not exceed the number of people indicated by the Guest at booking. Additional persons staying in the Villa must be notified in advance to and agreed by Istrian Experience, and may be subject to additional charges. Istrian Experience reserves at all times the right to refuse access to the Villa to persons not indicated at booking.
3. Social events and other functions, such as weddings, receptions and cocktail parties are not permitted unless Istrian Experience has given prior written approval. Permission is required for any event to be attended by more than twice the number of persons as indicated in the description of a particular Villa, including the Guest(s). If permission is granted by Istrian Experience, an additional fee may be charged for housekeeping and maintenance. Any use of special equipment in relation to the function, such as public address/sound systems and the set up thereof must take place in coordination with the Istrian Experience guest relation staff.
Section 9. Miscellaneous
1. Cleaning service is daily and included in the rental fee. The frequency of cleaning may be reduced, which must be indicated at the time of booking or on the day of arrival with the Istrian Experience guest relation staff. Any change in frequency will not affect the total rental fees.
2. Istrian Experience staff shall be allowed free access to the Villa and at any reasonable time for the purpose of inspection, cleaning and maintenance.
3. Normal usage of utilities such as water, gas and electricity, air conditioning and heating is included in the rental fee. The costs for excessive use of utilities shall at the discretion of Istrian Experience be charged, and if necessary and applicable deducted from the security deposit.
4. All Villas will have a mobile and/or a fixed telephone, for use by the Guest(s). Calls to Istrian Experience for assistance are free of charge. All other outgoing calls are payable by local rates and shall be charged at check-out.
5. Use of the swimming pool is at the risk of the Guest(s). Istrian Experience will show the depth, length and width of each pool in meters and endeavors to be as accurate as possible, however, in case of an unusual shaped pool measurement may be approximate.
6. Smoking is only permitted when explicitly indicated in a particular Villa.
7. Pets are only allowed upon written request by the Guest(s) and approved by Istrian Experience, which may be withheld at Istrian Experience’s sole discretion. Istrian Experience may ask for an additional security deposit.
8. Guest(s) who do not comply with common rules of decency with respect to the use of the Villa or cause nuisance to such an extent that their prolonged stay in the Villa can reasonably not be tolerated may, at the discretion of Istrian Experience, be ordered to vacate the Villa, without refund or any liability of Istrian Experience for any resulting damages.
9. Photographs, films or other recordings taken at and of Istrian Experience property may not be sold for profit without written authorization by Istrian Experience.
10. Istrian Experience cannot be held responsible for noise and/or disturbance originating beyond the boundaries of the Villa, such as noise from neighboring properties, animals or traffic.
11. Istrian Experience may transfer any and all rights and obligations arising from the Rental Agreement to any other company within its group, without the approval of the Guest.
Section 10. Liability
1. The Guest shall be liable for any and all damages caused to the Villa during his/her stay.
2. The Guest shall fully indemnify Istrian Experience for any damages incurred by third parties caused by the Guest(s) except to the extent such damages have been caused by gross negligence or willful misconduct on the part of Istrian Experience.
3. Istrian Experience shall not be liable for any damages suffered by the Guest during his/her stay, except in cases of gross negligence or willful misconduct on the part of Istrian Experience. Any obligation of Istrian Experience to pay damages to the Guest shall be expressly limited to the amount of rental charges and fees paid by the Guest. Istrian Experience shall not be liable for any consequential or indirect damages suffered by the Guest.
4. Any valuables left at the Villa are for the own risk of the Guest and Istrian Experience is not responsible for their loss. Proper care must be taken against theft and/or burglary and where provided burglar alarms must be activated and safes used. Istrian Experience is not liable for any loss or damage in relation to theft or any other security related incident.
5. Istrian Experience is not liable for any errors in the contents of photos, brochures, flyers and other materials or information listed on Istrian Experience’s website.
Section 11. Complaints
1. Complaints of the Guest must during their stay be notified directly to the Istrian Experience guest relation staff. Should a complaint not be dealt with in a satisfactory manner, the Guest must send a written notification to Istrian Experience within 4 weeks from departure to Istrian Experience, Partizanska 4/1, 52440 Poreč - Croatia stating all details relating to the complaint.
2. If the Guest fails to comply with the terms set forth in this article, all of Guest’s rights to damages and/or compensation, if any, shall expire.
Section 12. Jurisdiction
These general terms and conditions and all disputes with Istrian Experience are governed by the laws of the Republic of Croatia. All disputes resulting from the Rental Agreement and/or these general terms and conditions that cannot be solved amicably shall be brought before the competent court in the Republic of Croatia.
