General Terms and Conditions
OF THE COMPANY IMANJE PRAŠĆARI Ltd. Višnjan
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These Terms and Conditions are Terms and Conditions (hereinafter referred to as: Terms and Conditions) of the company IMANJE PRAŠĆARI, limited liability company for agriculture and trade, with the seat in Višnjan (Višnjan – Visignano Municipality), Prašćari 13, duly registered in the Court registry of the Commercial court in Pazin in the registry excerpt under the number 040195749, PIN (personal identification number): 32476155667 (hereinafter referred to as: IMANJE PRAŠĆARI Ltd.).
These Terms and Conditions regulate rights and obligations of the company IMANJE PRAŠĆARI Ltd. as well as rights and obligations of guest/guests related to accommodation services provided by IMANJE PRAŠĆARI Ltd.
Upon advance payment or reservation in accordance with the following provisions of these Terms and Conditions, it shall be considered that the guest entirely accepts these Terms and Conditions, and confirms that it is completely familiar with their content, as well as that it understands rights and obligations arising from them.
Terms and Conditions are published and thus made publicly available at the internet site of the company IMANJE PRAŠĆARI Ltd.
www.villas-prascari.com, in English and German language. IMANJE PRAŠĆARI Ltd. withholds the right to alteration of these Terms and Conditions, provided that every alteration shall be published at the said internet site of IMANJE PRAŠĆARI Ltd., with publishing the date of alterations entering into force.
IMANJE PRAŠĆARI Ltd. enables accommodation service in accordance with published information, and description and time schedule pursuant to confirmed reservation, except in cases of extraordinary circumstances in terms of vis maior (war, riots, strikes, terrorist acts, sanitary disorders, natural disasters, interventions of competent authorities etc.).
IMANJE PRAŠĆARI Ltd. guarantees to the guest for authenticity of picture elements and data related to characteristics of accommodation units which is being offered, and which are published on the internet site of IMANJE PRAŠĆARI Ltd., in terms that they correspond to actual status of such units.
These Terms and Conditions regulate legal relations between IMANJE PRAŠĆARI Ltd. and guest, when the guest contacts IMANJE PRAŠĆARI Ltd. directly, without mediation of tourist agency. In cases when the guest reserves accommodation service through tourist agencies with which IMANJE PRAŠĆARI Ltd. has concluded special agency services, such contracts shall be subject to Terms and Conditions of the said tourist agencies.
2. RESERVATIONS AND PAYMENTS
Inquiries of guests as well as reservations of accommodation in accommodation units of IMANJE PRAŠĆARI Ltd., are submitted exclusively in writing, by electronic mail through e-mail address email@example.com, personally at the address of seat of IMANJE PRAŠĆARI Ltd. as stated in the Recitals of these Terms and Conditions, or at the agencies as contracting partners of IMANJE PRAŠĆARI Ltd.
In order to be considered that the accommodation service is reserved, it is necessary that guest makes advance payment, depending on the chosen way of payment.
With the reservation of accommodation the guest is obligated to provide all information required by the reservation procedure.
Payment of reservation can be made as payment at the business account of IMANJE PRAŠĆARI Ltd. or bank payment from abroad, provided that the costs of the bank in terms of commission, are covered by the guest. In order for the reservation to be confirmed, guest must pay 30% (thirty percent) of the total price of accommodation, depending on chosen accommodation unit.
Upon receipt of advance payment for reservation, IMANJE PRAŠĆARI Ltd. shall deliver the guest written confirmation of reservation, which shall include precise details on accommocation location, as well as all other relevant details. By delivering the guest with written confirmation of reservation by IMANJE PRAŠĆARI Ltd., it shall be considered that subject confirmation and these Terms and Conditions form rental contract for reserved accommodation unit, concluded between IMANJE PRAŠĆARI Ltd. and the guest.
Remaining amount up to total amount of the price for the chosen accommodation, shall be paid by the guest:
at the day of arrival, in cash, directly to the company IMANJE PRAŠĆARI Ltd.,
prior to arrival or commencement of using accommodation services, within 30 (thirty) days before commencement of using accommodation services, in accordance with made and confirmed reservation, in the way defined in the aforementioned paragraph.
By advance payment for reservation, the guest confirms that it is entirely informed with all characteristics and conditions under which certain accommodation unit of IMANJE PRAŠĆARI Ltd. is being offered.
3. SOJOURN TAX
Pursuant to the Law on Sojourn Tax, the guest is obligated to pay the sojourn tax to IMANJE PRAŠĆARI Ltd. as service provider, together with payment of accommodation service. Sojourn tax is included in the total price for accommodation, and is paid directly to IMANJE PRAŠĆARI Ltd.
Amount of sojourn tax shall be separately shown on reservation calculation and invoice for provided accommodation service.
4. PRICE OF ACCOMMODATION, SPECIAL REQUIREMENTS
Valid prices of accommodation for each accommodation unit of IMANJE PRAŠĆARI Ltd. (basic price of accommodation), are stated with description of individual unit, on internet site of IMANJE PRAŠĆARI Ltd. Price of accommodation includes basic service as defined in reservation, whilst possible special services that are not included in the basic price of accommodation, if required by guest and IMANJE PRAŠĆARI Ltd. is able to provide these, are subject to separate payment.
The guest is obligated to request possible special services at the moment of reservation, provided that IMANJE PRAŠĆARI Ltd. is authorized to decline providing such special services, if it has no possibility to provide them to the guest.
IMANJE PRAŠĆARI Ltd. guarantees fixed price pursuant to made and confirmed reservation, to the guest who made advance payment of reservation.
Outside the situation as defined in the aforementioned paragraph, IMANJE PRAŠĆARI Ltd. withholds the right to change prices of accommodation, which shall be published at its internet site.
In any case, for all reservations made and confirmed with the advance payment, prices published at the moment of reservation, shall apply.
All prices are published in EURO.
IMANJE PRAŠĆARI Ltd. at its internet site and for each accommodation unit publishes maximum number of persons allowed to stay in that unit. This number is established in advance by the decision of competent authority allowing IMANJE PRAŠĆARI Ltd. to provide accommodation services in the unit.
Number of persons staying in reserved accommodation unit cannot be higher then the one stated in reservation. The said number includes children over one year of age.
Should in reserved accommodation unit come more then maximum number of persons who can stay in accommodation unit pursuant to aforementioned paragraph, IMANJE PRAŠĆARI Ltd. is authorized, in accordance with the Croatian laws and regulations, to deny stay of those persons whose number exceeds maximum allowed number of persons in particular unit.
Except from the above determinations, in case of arrival of higher number of persons then the one stated in reservation in certain accommodation unit, but this number does not exceed maximum allowed number of persons who are allowed to stay in the unit, IMANJE PRAŠĆARI Ltd. shall either deny stay of unannounced guests or accept these guests with obligation of additional payment for accommodation service, in accordance with these Terms and Conditions.
Upon beginning of the rental period, guest is obligated to announce to IMANJE PRAŠĆARI Ltd. possible visitors, in writing, at the e-mail address of IMANJE PRAŠĆARI Ltd. firstname.lastname@example.org. For each such visit the guest must have written approval of IMANJE PRAŠĆARI Ltd., that can be delivered to the guest by e-mail. Should the guest act contrary to this provision and allow stay of visitors not using accommodation services, in accommodation unit or in areas around the unit, IMANJE PRAŠĆARI Ltd. is authorized to cancel the rental contract with immediate effect. In such case the guest as well as all other persons staying in the unit, shall be obligated to leave the unit without delay, within 2 (two) hours, without the right to be refunded with amount paid for using accommodation services.
4.1. Guests younger then 25
If guests are persons under 25 years of age, reservation must state number of persons staying in the unit and their age. In such case, IMANJE PRAŠĆARI Ltd. is authorized to claim payment of additional deposit from the guests, for insurance from the damage in or on accommodation unit, as requirement for confirmation of reservation.
4.2. Entering or installation of devices and objects
Guest are not allowed to instal devices or objects in or outside the accommodation unit, such as tents, campers etc. In case of acting contrary to this provision, IMANJE PRAŠĆARI Ltd. is authorized to cancel the rental contract with immediate effect. In such case the guest as well as all other persons staying in the unit, shall be obligated to leave the unit without delay, within 2 (two) hours, without the right to be refunded with amount paid for using accommodation services.
4.3. Stay of pets
If the guest plans stay of pets in accommodation unit, it is obligated to state this fact in the reservation. Upon receipt of reservation, IMANJE PRAŠĆARI Ltd. shall issue decision on whether the stay of pet shall be allowed, and inform the guest of such decision. Stay of pets in accommodation unit without explicit approval of IMANJE PRAŠĆARI Ltd., is not allowed.
Should the stay of pet be allowed to the guest, IMANJE PRAŠĆARI Ltd. shall charge the guest additional 50,00 Eur per pet per week, for cleaning, at the moment of reservation of accommodation.
Guest is obligated to clean impurities that are result of pet's stay in accommodation unit.
Stay of pets on the furniture and bedrooms is not allowed, and in case of acting contrary to this provision, guest shall be charged with additional cleaning costs.
Guest is obligated to ensure that pets are clean and vaccinated.
Stay of pets in accommodation unit, is exclusive liability of the guest.
Pets are not allowed to be in the direct vicinity or in the swimming pool.
In case of acting contrary to this provision in terms of bringing pets in accommodation unit without previous approval of IMANJE PRAŠĆARI Ltd., having pets on furniture and similar, IMANJE PRAŠĆARI Ltd. is authorized to cancel the rental contract with immediate effect. In such case the guest as well as all other persons staying in the unit, shall be obligated to leave the unit without delay, within 2 (two) hours, without the right to be refunded with amount paid for using accommodation services.
During the stay in accommodation unit, there is a possibility that guests hear noise or feel vibrations as a result of construction or other works that can be performed in the vicinity of accommodation unit, by the third parties. It is noted that in certain areas of Istria there is no decision of the local communities on prohibiting works during the summer season, and such works cannot be prevented or prohibited. IMANJE PRAŠĆARI Ltd. shall not be considered liable if the guest endures the said noise or feels vibrations.
4.5. Stay in the swimming pool
In all cases, the guest is exclusively liable for use of the swimming pool in accommodation unit. It is highly recommended that children, if they stay in accommodation unit, do not come close to the swimming pool and do not use the swimming pool. If children are using the swimming pool, they can do so exclusively under the supervision of an adult, and each liability of IMANJE PRAŠĆARI Ltd. is thereby excluded.
4.6. House Rules
Each accommodation unit is equipped with the House Rules, situated at a visible place. Guests are obligated to read the House Rules and honor the rules included therein. Should the guest act contrary to the House Rules, IMANJE PRAŠĆARI Ltd. is authorized to cancel the rental contract with immediate effect. In such case the guest as well as all other persons staying in the unit, shall be obligated to leave the unit without delay, within 2 (two) hours, without the right to be refunded with amount paid for using accommodation services.
5. CATEGORIZATION AND DESCRIPTION OF SERVICES
Offered accommodation units are described according to official categorization of the competent authority, and on the basis of inspection of actual status of accommodation at the moment of publication.
Accommodation standards of individual places and countries are different and are not subject to comparison.
IMANJE PRAŠĆARI Ltd. guarantees that in each accommodation unit, cooking utensils and cutlery shall be provided. Each guest shall be accepted in clean and tidy accommodation unit, with clean linen, towels and swimming pool towels ensured. Linen and towels are changed once a week.
At the swimming pool, guest are obligated to use exclusively towels intended for the swimming pool use. It is not allowed to use towels outside the accommodation unit, particularly it is not allowed to use towels for the beach of at the swimming pools outside the accommodation units, under the administration of the third parties.
At the day of arrival guest is entitled to enter the accommodation unit after 3 pm., and at the day of departure guest is obligated to leave the accommodation unit at 10 am. the latest.
Guest takes over the key of reserved accommodation unit in the unit.
6. RIGHT TO ALTERATION AND CANCELLATION
IMANJE PRAŠĆARI Ltd. is entitled to suggest changes of reserved accommodation, or cancel reserved accommodation unites entirely or partially should, before or during their use, extraordinary circumstances that are directly related to subject accommodation unit, and which could not have been anticipated, avoided or excluded, happen (for example sanitary disorder, other circumstances that can be considered as vis maior), and which circumstances would, should they arose at the time of publication of sale of service, result to justified reason of IMANJE PRAŠĆARI Ltd. as service provider, not to accept inquiries and reservations of guests, or confirm those.
Should, in situations as stated in the aforementioned paragraph, IMANJE PRAŠĆARI Ltd. be able to offer the guest alternative accommodation, change of reservation can be made exclusively with the prior consent of the guest. If the price of alternative accommodation accepted by the guest would be lower then the price of originally reserved accommodation, IMANJE PRAŠĆARI Ltd. is obligated to return the guest the difference in price, within 8 (eight) working days starting from the days of commencement of use of the alternative accommodation.
If the price of alternative accommodation accepted by the guest would be higher then the price of originally reserved accommodation, IMANJE PRAŠĆARI Ltd. withholds the right to be paid for the total price of accommodation by the guest, including the said difference. Such difference shall be paid by the guest to IMANJE PRAŠĆARI Ltd. together with commencement of the use of alternative accommodation.
Should finding of the alternative accommodation not be possible, IMANJE PRAŠĆARI Ltd. is obligated to notify the guest about that fact immediately, as refund it with the amount paid for reserved service of accommodation. Said refund shall be made entirely if the use of service, due to the said circumstances, is not commenced, or in the amount proportionate to the price of accommodation service for remaining number of days of not used service, if the use of service has been commenced by the guest and extraordinary circumstances arise during the use of service.
IMANJE PRAŠĆARI Ltd. is obligated to notify the guest who has made or confirmed reservation of accommodation, about such circumstances, immediately upon finding out about these circumstances, in writing.
Stated provisions, and particularly provisions related to obligations of IMANJE PRAŠĆARI Ltd. to refund guests with paid amount for accommodation service, shall be applied only in case of circumstance which do not represent vis maior. In case of changes of reservation of conditions of use of the service of accommodation which has been reserved or confirmed, provisions of point 8. of these Terms and Conditions, shall apply (OBLIGATIONS OF IMANJE PRAŠĆARI Ltd.).
7. GUEST'S RIGHT TO ALETRATION AND CANCELLATION
Guest is entitled to alter reservation made and/or confirmed, provided that IMANJE PRAŠĆARI Ltd. gives its consent to such alteration. In such case, alteration of reservation can include change of the holder of reservation, time of reservation or use of accommodation service, number of persons who shall reside in reserved accommodation unit (provided that this includes the number up to maximum number of persons allowed to stay in certain unit), years of age of persons, and type of reserved services (basic or additional/special – if the agreement has been reached).
Each request for alteration of reservation shall be delivered by the guest to IMANJE PRAŠĆARI Ltd. in writing, prior to commencement of use of accommodation services. Delivery of written request can be made either by e-mail address email@example.com or directly at the address of the seat of IMANJE PRAŠĆARI Ltd. as stated in Recitals of these Terms and Conditions, by registered mail.
Cost of alteration processing shall be charges as the lump sum of 15,00 Euro (fifteen euro) per alteration.
IMANJE PRAĆARI Ltd. shall make calculation of cancellation costs in the following way:
for cancellation up to 30 days before commencement of use of accommodation services, IMANJE PRAŠĆARI Ltd. shall return the guest the amount of 70% of price for accommodation, if the guest already paid the total amount before cancellation;
for cancellation from 29 days and less before commencement of use of accommodation services, 100% of price for accommodation is due. If the guest already paid 100% of the price for accommodation, IMANJE PRAŠĆARI Ltd. keeps entire received amount from the guest.
In case of cancellation of reservation, if the guest is in a possibility to find another person who shall use accommodation services in reserved period, for the same price and under the same conditions, guest shall notify IMANJE PRAŠĆARI Ltd. of such fact in writing at the moment of cancellation of reservation, as well as deliver IMANJE PRAŠĆARI Ltd. all information on substitute guest who shall entirely take over rights and obligations upon previously made reservation.
7.1. Deposit for damage
Guest is obligated, at the moment of arrival in accommodation unit, to leave deposit in cash for insurance from possible damage. Amount of deposit shall be stated in confirmation of reservation from IMANJE PRAŠĆARI Ltd. Said amount given as deposit shall serve as insurance from damage caused in the unit. Should the damage is caused in or on the unit, IMANJE PRAŠĆARI Ltd. is authorized to keep the amount of deposit for reparation of the damage. If the actual damage is higher then the amount given as deposit, the guest is obligated to pay the difference up to the full amount of damage to IMANJE PRAŠĆARI Ltd. at its documented request.
If the damage is not caused, IMANJE PRAŠĆARI Ltd. shall return the given amount of deposit to the guest, at the guest's departure from accommodation unit.
8. OBLIGATIONS OF IMANJE PRAŠĆARI Ltd.
IMANJE PRAŠĆARI Ltd. is obligated to take due care in providing services pursuant to provisions of these Terms and Conditions and individual contracts concluded with guests.
IMANE PRAŠĆARI Ltd. is liable for quality of services that are subject to these Terms and Conditions and which have been reserved and confirmed by guest, as well as their timely fulfillment.
IMANJE PRAŠĆARI Ltd. shall not be liable for non providing services or delays in providing of services in case of vis maior (war, riots, strikes, terrorist acts, natural disasters, interventions of competent authorities etc.).
9. OBLIGATIONS OF GUEST
Guest is obligated:
- to possess valid travel documents. Costs of losing or stealing of documents during travel, or using accommodation services, shall be covered by the guest solely. IMANJE PRAŠĆARI Ltd. shall not be held liable for possible loss of documents or personal belongings during travel or while using accommodation services;
- respect regulations in the Republic of Croatia,
- honor the house rules and regulations in the accommodation unit, and cooperate with IMANJE PRAŠĆARI Ltd. in good faith,
- upon arrival in accommodation unit, present voucher with stated number of persons and type of services that are to be provided to the guest, to authorized person of IMANJE PRAŠĆARI Ltd. Subject voucher shall be received by the guest upon confirmation of reservation, in accordance with the aforementioned provisions of these Terms and Conditions,
- deal with accommodation unit and all movables inside the unit, with due care protecting these from damaging of any kind. Any actions contrary to this obligation and should the object or movables and things around or inside the object be damaged, guest shall compensate damages on the spot,
- guest is obligated to use the services of wireless internet (WI-FI) in object in accordance with laws and regulations and is prohibited from use this service in a way that represents criminal action or offense. This primarily refers to prohibition of using the services by downloading forbidden content, content protected by copyrights, or content which use, viewing or downloading is prohibited by law. In case the guest acts contrary to this provision, IMANJE PRAŠĆRI Ltd. shall not be held liable. Guest is allowed to use wireless internet service exclusively in the period of use of accommodation unit, i.e. in reserved period, starting from its commencement until its end.
10. TRAVEL INSURANCE
Prices of accommodation do not include travel insurance with insurance from the risk of accidents or illness during travel, insurance from damaging or losing the luggage as well as voluntary health insurance.
By accepting these Terms and Conditions, it shall be considered that the guest has been suggested with stated additional insurances.
Guest transports the luggage at its own risk, an for this reason insurance of luggage is recommended. IMANJE PRAŠĆARI Ltd. cannot be held liable for destroyed or lost luggage, neither for stealing of luggage in accommodation unit. Application for damaged, lost or stolen luggage shall be submitted by guest to IMANJE PRAŠĆARI Ltd. or competent police station.
Guest is entitled to submit challenge for non executed service in accordance with these Terms and Conditions and contract concluded with IMANJE PRAŠĆARI Ltd.
IMANJE PRAŠĆARI Ltd. is obligated to enable guest to submit written challenge in its business premises and to confirm receipt of such challenge in writing and without delay.
IMANJE PRAŠĆARI Ltd. is obligated to enable guest to submit written challenge by post at the address of seat as stated in Recitals of these Terms and Conditions or electronic mail at the e-mail address firstname.lastname@example.org.
IMANJE PRAŠĆARI Ltd. is obligated to respond to the challenge in writing within 15 (fifteen) days starting from the day of receipt of challenge.
13. DISPUTE RESOLUTION
IMANJE PRAŠĆARI Ltd. and the guest shall put their best efforts in achieving amicable solution to all possible disputes arising out or connected to conclusion, alteration, application or termination of their contractual relationship relating to accommodation services, pursuant to these Terms and Conditions and individual contract. Otherwise, in case amicable solution cannot be reached, parties agree to submit all their disputes to competence of the Municipal court in Pula – Pola, permanent department in Poreč or Commercial court in Pazin, depending on the actual competence in terms of the nature and content of the dispute, with application of the Croatian law as the applicable law.
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