General Terms and Conditions
Virtus upravljanje d.o.o. (hereinafter: Agency) with its seat in Rijeka, Brajda 10, VAT-ID: 46096970345, ID-CODE: HR-AB-51-040356401 is a tourist agency specialized in renting out apartments and holiday houses (villas). The Agency cooperates only with those renters whose accommodation facilities satisfy the high standards of providing accommodation services and who possess all the necessary permits from competent government authorities.
The agency acts as an intermediary via which the guest, i.e. the lessee enters into a lease agreement with the owner of the holiday house, i.e. the villa. General Terms and Conditions (hereinafter: General Terms) produce legal effects from the moment the guest pays the accommodation advance fee during booking the dates for accommodation on the Agency’s website. Upon the receipt of the advance fee, the Agency shall send a written confirmation to the guest which will contain the details of the booked dates and the accommodation facility. By doing so, the General Terms and the written confirmation become an integral part of the lease agreement between the guest as the lessee and the owner of the villa as the lessor.
II. ACCOMMODATION PRICE AND PAYMENT METHOD
The accommodation price is expressed in euro and the price of daily and weekly rental of the accommodation unit shall be published on the website of the Agency. The accommodation price includes the costs of electricity, water usage, gas, internet, obligatory fees to the local self-administration unit, sojourn tax, check-in, towels, kitchen rags, final cleaning of the interior, pool and yard maintenance and value added tax (VAT).
The advance fee during the booking of the dates is 30% of the accommodation sales price. Booking of the dates is obligatory and by paying the advance fee, the guest accepts the General Terms that thereby become an integral part of the Villa Lease Agreement. Upon receiving the advance fee, the Agency shall submit to the guest via email a written confirmation of the location and other details of the booked dates in the accommodation facility. Should the Agency not receive the advance fee within 5 (five) working days from the booking, it shall be deemed that the Lease Agreement has not been concluded at all.
The advance fee payments should be done in euro (EUR) and they can be performed using a credit card or bank transfer. The Agency shall not be responsible in the event of difference in the charged amount that might occur during payment due to bank fees or difference in the currency exchange rate. The Lease Agreement shall be deemed concluded when the Agency receives the advance fee amount. For payment of the remaining 70% of the contracted price of accommodation, the same payment methods are allowed as for the advance fee payment. Payment by credit cards and bank transfer should be done at the latest up to 30 days before arrival to the villa, so that the company VIRTUS UPRAVLJANJE D.O.O. would have enough time to forward the payment to the owner.
It will not be possible to return the advance fee to the guest in the event of cancelling the booking, since the Agency, pursuant to the agreement between the Agency and the owner of the villa, forwards the received amount to the owner, with the exception of cases predicted by the Tourist Accommodation Brokerage Agreement concluded between the Agency and the owner of the villa.
III. PAYMENT TERMS ACCORDING TO THE DAY OF BOOKING
a) Terms for booking done 30 or more days prior to the beginning of the booked date period:
– If the guest paid using a credit card, the advance fee is due
immediately upon payment. If the guest paid using bank transfer, the paid amount must be received by the Agency within 5 (five) working days from the day of payment.
– If the payment has been done using a credit card or bank transfer, the remaining 70% of the accommodation price is due at the latest up to 30 (thirty) days before the start of the booked date period. If cash payment was selected (in villas there is the possibility of such payment), the remaining 70% of the accommodation price is due immediately upon the guest’s arrival to the villa, where the guest pays directly to the owner of the villa or to another authorized person. Upon arriving to the villa, it is not possible for the guest to pay using a credit card.
b) Terms for booking done 30 or less days prior to the beginning of the booked date period:
– The total rent amount is due immediately in the event of payment via credit card or bank transfer. Payment via bank transfer is not possible if the period between the day of the booking and the day of the start of the booked period is less than 15 days.
– If the date booking terms in the villa allow for cash payment, the advance fee is due immediately, and the remaining 70% of the price upon the guest’s arrival to the villa. Upon arriving to the villa, it is not possible for the guest to pay using a credit card.
c) Should the guest fail to pay by the deadlines set out in the General Terms, such behaviour shall be deemed a particularly gross breach of the contractual obligation due to which the lease agreement is automatically terminated without the obligation of the Agency to comply with the termination period. In the event of such termination of the lease agreement, the guest loses the right to all payments done to the Agency.
IV. CANCELLATION TERMS
In the event that the guest cancels their booking up to 90 days before the booked day of arrival, the Agency shall make a refund of all the paid amounts to the guest.
In the event that the guest cancels the booking in a period less than 90 days before the booked day of arrival, the paid advance fee in the amount of 30% of the price of accommodation and other amounts paid to the Agency shall not be returned to the guest. In this event, the Agency shall keep their commission plus value added tax, and it shall pay the remaining received amount from the guest minus the commission to the bank account of the villa without delay. If the cancellation occurred after the guest paid the price of the booked accommodation in full, and the guest has legal grounds for receiving a refund of the paid amount, the owner of the villa shall return the amount to the guest. If the Agency deems the guest’s request for refund of the paid advance fee as justified, the owner of the villa shall refund the paid advance fee minus the Agency commission to the guest.
In the event of a final judgment following a request for refund of paid advance fee, each party to the Agreement shall return the part of the advance fee it received, i.e. act in accordance with the rendered judgment.
For the cancellation of an already concluded lease agreement, the guest shall send a notification to the Agency, exclusively in writing or to the email address of the Agency.
The booking of dates in one villa cannot be transferred to another villa because the Agency forwards the received payments from the guest to the owner of the villa without delay. However, if the guest can find a person who would stay at the villa instead of them in the same booked period, under the same conditions and the same price, the Agency shall, upon receiving the notification from the guest containing all of the data on the new guest, perform the transfer of the lease agreement to the new guest. The Agency shall deliver to the new guest a written confirmation of the transfer of the agreement. In this event, the Agency keeps the amount already received from the first guest, while the new guest shall pay the difference in the price to the full price of the accommodation.
In the event of extraordinary circumstances that neither of the parties to the lease agreement at the moment of its conclusion could not have foreseen (strike, war, fire, flood, and other force majeure events) and which might make the fulfillment of the lease agreement impossible or significantly difficult, the owner of the villa and the Agency have the right to unilaterally terminate the lease agreement. The Agency and the owner of the villa cannot be held responsible in these cases since the termination of the agreement occurred because of reasons they could not have foreseen, prevent and were generally out of their control.
* The date of the booking cancellation is the day of the receipt of the cancellation notice.
* The Agency shall reimburse the guest within 15 days of the day of receipt.
* Molo Longo agency is responsible for all complaints, refunds and complaints related to transactions made as part of the booking of accommodation. Complaints are sent to: firstname.lastname@example.org
The above stated cancellation terms are not applied if the reasons for the cancellation are the following:
– the Croatian county in which the guest is arriving has been put on the red list (i.e. the guest must be quarantined upon return),
– the foreign country from which the guest is arriving has been put on the red list (i.e. the guest cannot leave the country of residence),
– borders with Croatia are closed,
– the guest has been infected with coronavirus.
In the event of infection, it is necessary to submit a document confirming that the guest has been infected with coronavirus. Likewise, in the event of border closing or placement on the red list, the publication must be issued by an official national body. If the cancellation within these terms is justified, the following conditions are applied:
– up to 14 days before the arrival date – full refund.
– from 13 days before the arrival date – voucher for the booked villa in entirety, valid for the following 18 months.
The pandemics caused by the coronavirus has been declared on 11 March 2020, therefore all guests are aware of the risk of infection and travel. Except for the above listed four reasons, the guest has no right to a refund and the regular cancellation terms are applied.
V. GUEST ARRIVAL AND CHECK-IN
The guest will be enabled to enter the accommodation facility on the day of arrival at 5:00 p.m. at the earliest. On the departure day, the latest time to vacate the facility is at 10:00 a.m. The agency can enable the guest to enter the accommodation facility earlier, if circumstances allow, of which the guest will be notified in a timely manner.
Should the guest depart from the villa before the expiry of the booked dates and without notifying the Agency, this will be done at the guest’s cost and risk and the Agency shall bear no related responsibility and costs.
The check-in procedure shall be done by the owner of the villa. When checking-in the guest, the owner of the villa is authorized to request, and the guest undertakes to present a valid personal identification document, pursuant to the statutory regulations of the Republic of Croatia. The owner of the villa shall use the guest’s data exclusively for the purpose of checking-in the guest.
Should the guest refuse to present a personal identification document, the owner of the villa reserves the right to deny providing the accommodation services and the guest thereby loses the advance fee paid up to then. The Agency shall not be held responsible in the event of unauthorized use or any type of misuse of guest’s personal data by the owner of the villa.
VI. ACCOMMODATION RULES
a) Number of persons
The maximum number of guests that can stay at the villa during the booked period is stated at the Agency’s and/or villa’s website. The written confirmation sent by the Agency to the guest shall also contain the specification of the maximum capacity of the villa. The capacity of the villa equally includes adults and children.
In the event that more persons than the maximum allowed capacity stays in the villa without the owner’s approval, including the persons accompanying and visiting the guests, the Agency and the owner have the right to terminate the lease contract without the obligation to comply with the termination period, and the guests undertake to vacate the villa within 24h from such termination of the agreement. The potential remaining unused time of the booked period shall be charged as if the lease agreement had not been terminated, and the guest does not have the right to request a refund of paid amount for that period.
b) Groups of youth
Persons up to 25 years of age are considered groups of youth for which special accommodation conditions might apply, pursuant to the rules determined by the owner of each villa. The guests shall inform the Agency during the booking of the accommodation of the age group of the guests that will be staying at the villa. Failure of the guest to do so does not influence the validity of the special rules for groups of youth and can result in the Agency cancelling the booking without refunding the paid amount to the guest.
c) Tents and camping houses
Guests are not allowed to set up tents, camping houses, etc. at the villa’s yard or in its vicinity. Otherwise, the lease agreement shall be terminated with the obligation by the guest and all of the persons staying at the villa to permanently vacate the villa within 2 (two) hours from the termination of the lease agreement. In the event of such breach of agreement, the guest loses the right to refund of the amount for the unused days of the booked period.
d) Newly built and adapted villas
If the guest is staying at a newly built or recently adapted villa, they will have understanding for the consequences of a new building within the meaning of insufficiently grown and formed vegetation at the villa exterior. This provision does not imply any dysfunctionality of the offered content of the villa.
If the villa has a pool, the guest undertakes to respect the rules of its use received from the Agency or the villa owner, and the use of the pool is the exclusive responsibility of the guest. A winter accommodation time may imply the impossibility of using the pool. The above stated refers also to the use of hydro-massaging tubs or pools. The guests are forbidden to stand on or put any weight on the pool and hydro-massaging tub covers, that might cause damage, and which the guest is obligated to compensate directly to the owner of the villa.
The possibility and the conditions of keeping pets in the villa or the villa’s yard shall be stated at the Agency’s or villa’s website. When booking the accommodation, the guest shall indicate the number of pets that will stay with them at the villa. The guest shall request a special written permission if they intend to keep more than two pets at the villa. Should the guest fail to report a pet/pets or brings more pets to the villa than indicated during booking, the owner or the Agency has the right to terminate the lease agreement without the obligation to comply with the termination period. In this event, the guest shall vacate the villa within 2 (two) hours with all of the persons staying at the villa, and lose the right to refund for unused days of the booked period.
When pets are staying at the villa, the rent price might automatically be increased for the price of additional cleaning which is necessary with pets, if this is anticipated in the accommodation terms of the villa. Pets are in no event allowed to access the pool nor can they stay at the villa’s furnishings. Pets’ owners are responsible for any damage caused by their stay and shall clean the faeces and urine after their pets.
Pets’ owners shall vaccinate their pets and generally keep them in a condition prescribed by the relevant health and safety regulations. The Agency and the owner of the villa are in no way responsible for any damage and disease that might arise from the villa guests’ pets.
Should the guest during their stay at a villa that does not allow pets suffer an allergic or similar reaction, the Agency shall not be considered responsible since it cannot guarantee that no pets had stayed at the villa previously with the owners or other guests.
In the event that the noise and racket caused by the guests disturbs public order and peace and that they do not quiet down even after a warning, the said can be considered a gross breach of the provisions of the lease agreement, in which case the owner and/or the Agency are authorised to terminate the lease agreement effective immediately, without a termination period, and the guest shall permanently vacate the villa within 2 (two) hours, together with all of the persons staying there, and they do not have the right to request from the owner or the Agency a refund of the paid accommodation amount.
VII. HOUSEHOLD RULES
The household rules of the villa are displayed at a visible place at each villa. Guests shall obey the household rules as well as the instructions on behaviour and acting in the villa provided by the owner of the villa or the Agency. Disobeying the household rules can be considered a gross breach of the lease agreement, in which case the owner or the Agency have the right to terminate the lease agreement without the obligation to comply with the termination period. In this event, the guest shall vacate the villa within 2 (two) hours with all of the persons staying at the villa, and lose the right to refund for unused days of the booked period. The same applies when the guests disturb public order and peace with their noise and racket.
VIII. SAFETY DEPOSIT
The safety deposit serves as a collateral in the event of damage done by the guest, persons accompanying them or generally by persons that the guest can be considered responsible for, such as visitors and other persons that are not checked-in as guests in the villa.
The amount of the safety deposit shall be indicated to the guest in the written booking confirmation. If it is determined during check-out that the guest has not caused any damage, the deposit shall be returned to them in full.
If the caused damage is lower than the amount of the deposit, the remaining amount of the deposit shall be returned to the guest after deducting the value of the damage. Should the deposit not cover the damage in its entirety, the guest shall compensate the full value of the caused damage to the owner of the villa.
IX. DAMAGE TO THE VILLA
The guest shall take care that the villa remains in the same condition at the time of their departure, as it was at the time of their arrival. The guest shall act with care towards the villa, its inventory and everything they are enabled to use within the villa. In the event that they cause damage, the guest is responsible directly to the owner of the villa, pursuant to point VII. of the Terms. Any need for additional cleaning of the villa, its furnishings and appliances, as well as any need for hiring a repairman and/or handyman caused by the guest’s behaviour in the villa shall also be considered damage.
The guest shall report without delay any damage that occurred during their stay to the owner of the villa. If the guest causes damage on purpose, the owner and the Agency have the right to terminate the lease agreement without the obligation to comply with the termination period. In this event, the guest shall vacate the villa within 2 (two) hours with all of the persons staying at the villa, and lose the right to refund for unused days of the booked period.
X. GUEST DISSATISFACTION
In the event that the guest deems that the villa has not been cleaned properly or notices a breakdown or some other irregularity, they have the right to submit a complaint to the owner of the villa. If the complaint refers to cleanliness, the guest shall submit it without delay. The owner of the villa will act on the complaint within an appropriate deadline.
The guest is responsible not to cause damage to the owner of the villa with their behaviour, i.e. to prevent greater damage within their possibility. Should there be a discrepancy between the actual condition of the villa and the one published on the villa or Agency website, the owner of the villa shall bear exclusive responsibility for this.
XI. RESPONSIBILITY OF THE AGENCY
Virtus upravljanje d.o.o. is a tourist agency whose activity is the brokerage in the rental of tourist accommodation and stay. Virtus upravljanje d.o.o. offers brokerage services based on the business cooperation agreement with the owners of villas and as such is not the owner nor does it hold owner’s responsibilities. Pursuant to the agreement, the owners of the villas shall provide the Agency with complete and accurate information on the villa and all the relevant details, for which they bear the full responsibility towards the guests. If the booking or the realisation of the booking cannot be done in part or in full from reasons outside of the control and the responsibility of the Agency, such as court proceedings related to the villa, factual inability of the use of the villa, the owner’s behaviour, etc., the Agency has the right to cancel the booking and cannot be held responsible in any way. In such cases, the Agency has the right to offer alternative accommodation to the guest.
In the event of a founded complaint by the guest based on incomplete or inaccurate information provided by the owner of the villa or on accommodation defects in the Facility, the Agency shall, based on the founded complaint, offer alternative accommodation to the guest with a discount for the price of the accommodation, pursuant to the accommodation facilities it has at its disposal. The guest has the right to refund of the amounts paid up to then if the Agency and the owner of the villa are not able to offer alternative accommodation or if the guest refuses it. In these events, the Agency is not obligated to return the already received commission, while the owner of the villa shall return to the guest the amount received up to then, including the amount of the Agency’s commission.
If the guest’s dissatisfaction is based on the defect of the accommodation in the Facility, the owner of the villa shall without delay attempt to eliminate the defect. If the elimination of the defect is not possible or is not possible within a reasonable period, or if the guest has already suffered damages due to the defect, the owner of the villa shall compensate damages to the guest in line with the nature of the defect, with the application of the Frankfurt Table rule.
Complaints in writing are sent to: Trpimirova 1A, 51 000 Rijeka, Croatia, or by e-mail at email@example.com
XII. FINAL PROVISIONS
The Agency publishes on its website exclusively those information about the villas that have been provided by the owners. Apart from the information pertaining to the villas, all other information, multimedia and digital contents published on the website of the villa are the exclusive property of the Agency and as such are subject to the protection of legislation on the basis of copyright and related branches of law.
These General Terms are published in multiple languages on the web site of the villa and in the event of any discrepancies between the multiple versions, the one published in Croatian language shall prevail.
The Contracting Parties accept these General Terms with their own free will and for the purpose of achieving mutual interests and undertake to attempt to resolve all disputes peacefully and amicably. In the event of legal disputes, the Contracting Parties mutually agree on the jurisdiction of the competent court in Rijeka.