General terms and conditions

Dalmatia House (Agency)
As of November 2017

1. scope

1.1 The following general terms and conditions apply to contracts for the rental of apartments as well as all other services and deliveries from Dalmatia House provided for the holiday guest.

1.2 Deviating regulations only apply if they have been individually agreed between the agency and the holiday guest.

2nd Conclusion of the contract

2.1 The rental agreement for the apartment is concluded by the holiday guest making an offer based on the property description, all additional information in this brochure, the general service description and on the basis of these contractual conditions (apartment / holiday apartment booking), which is accepted by the agency . Acceptance is made by confirming the apartment / apartment booking. Dalmatia House Apartments & Holiday Homes Mediator of the holiday apartment / holiday home. The rental agreement is concluded in the name and with the authorization of the owner. The booking can be confirmed in writing, by fax or by email.

2.2 If the booking is made by a third party for the holiday guest, he is liable to the agency together with the guest as joint and several debtor for all obligations under the rental agreement, provided the agency has a corresponding declaration from the third party.

2.3. Use for purposes other than accommodation for holiday purposes require the prior written consent of the agency. The booking is only valid for registered persons and is not transferable without agreement with the agency. If the guest wishes to accommodate additional people, the agency's consent must be obtained before arrival.

3rd Prices & services

3.1. In accordance with these general terms and conditions, in the condition and in the equipment as it results from the offer or the object description, the service description and any additional information and agreements and to provide the agreed services. The obligation to provide services does not include any circumstances that are not directly related to the property and the contractual services, in particular not the surroundings of the property, beach, road, weather and local conditions, unless we culpably violate existing information and information obligations .

3.2 The holiday guest is obliged to pay the agency's applicable or agreed prices for the transfer of rooms and the other services he uses. This also applies to services and expenses of the agency to third parties initiated by the holiday guest or the customer.

3.3 The agreed prices include the respective statutory value added tax.

3.4 The prices can be changed by the agency if the holiday guest subsequently wishes changes in the number of rooms booked, the performance of the agency or the length of stay of the guests, and the agency agrees.

3.5 Agency invoices are payable without deduction immediately after receipt within the scope of the following provisions.
Upon receipt of the booking confirmation and invoice, a deposit of 30% of the total price is due and must be paid in detail to the agency within 14 days. The remaining payment must be paid in detail on the agency's account at least 30 days before the start of the occupancy. If there are less than 30 days between receipt of the booking confirmation / invoice and start of occupancy, the total amount is always due for payment immediately. As long as the total payment has not been made in full, there is no entitlement to the rented property.

3.6 In justified cases, the agency is entitled to request an appropriate advance payment or security deposit, in deviation from 3.5 when the contract is concluded or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The agency is also entitled to make accrued claims due at any time during the guest's stay by issuing an interim invoice and to request immediate payment.

3.7 The holiday guest can only offset or reduce a claim against the agency's claim with an undisputed or legally binding claim.

3.8 According to the applicable statutes of the municipalities, the agency is obliged to collect the local tourist tax from the holiday guests and to forward it to the municipalities, insofar as these have not already been included in the rental price and in the
Booking confirmation is mentioned separately. The amount of the tourist tax depends on the current statutes of the municipalities. Unless stated in the offer, you can request the current taxes at any time from the tourist offices of the respective municipality.

3.9. If a deposit is required for the rental property, it must be paid in cash on the day of arrival when the keys are handed over and will be repaid on site on the day of departure, provided that no damage has occurred to the holiday home or inventory.

4th Services not used, cancellation, cancellation of the holiday guest, rebookings

4.1 The agency grants the guest a right of withdrawal at all times. The following provisions apply:

• If the guest withdraws from the booking, the agency is entitled to compensation. For each cancellation / rebooking, a fee of 39, - € will be charged for the agency's expenses.
• The agency has the choice to claim a flat rate for the guest instead of a specifically calculated compensation. The cancellation fee is 30% of the contractually agreed rental price up to 45 days before the start of the rental, up to 30 days before the start of the rental 50% of the contractually agreed rental price, up to 7 days before arrival 75% of the contractually agreed rental price, from 6 days before arrival 100% of the contractually agreed rental price. The guest is free to prove that the agency has no damage or the damage suffered by the agency is lower than the required compensation fee.
• If the agency specifically calculates the compensation, the amount is
  Compensation max. the amount of the contractually agreed price for the service to be provided by the agency, less the value of the expenses saved by the agency and what the agency acquires through other use of the rental property.

4.2 The above regulations on compensation apply accordingly if the guest does not use the booked room / apartment / house or the booked services without notifying the agency in good time. In the event of late arrival or / or earlier departure, the tenant is not entitled to reimbursement of parts of the rental price, as well as with less occupancy.

4.3 The right to compensation does not apply if the agency has given the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences. Access to the agency is decisive for the timeliness of the notice of withdrawal. The guest must declare the withdrawal in writing.

4.4. We expressly recommend taking out travel cancellation insurance.

5. Withdrawal / termination of the agency

5.1 If the guest has been granted a free right of withdrawal in accordance with Section 4.3 in the rental agreement, the agency is also entitled to withdraw from the contract within the agreed period if there are requests from other guests for the booked property and the guest does not finally confirm the booking upon request from the agency .

5.2 If an advance payment, payment or security deposit agreed in accordance with Section 3.6 is not made within a set period, the agency is also entitled to withdraw from the contract.

5.3 A right of withdrawal from the contract for an important reason is not affected. It exists in particular if

• force majeure or other circumstances for which the agency and the owner it represents make it impossible to fulfill the contract;
• Objects with misleading or incorrect specification of essential facts, e.g. B. regarding the person of the guest or the purpose;
• the agency has reasonable grounds to believe that the use of the
  Holiday accommodation can endanger the smooth running of business, the security or the reputation of the agency and the owner in public, without this being the rule or Organizational area of the agency is attributable;
• there is an unauthorized subletting or subletting in accordance with Section 2.3;
• there is a case of section 6.3;
• the agency becomes aware of circumstances that the financial situation of the guest has deteriorated significantly after the contract has been concluded, especially if the guest does not compensate the agency for due security or does not offer sufficient security and therefore payment claims of the agency appear to be at risk;
• the guest has made an application for the opening of insolvency proceedings against his assets, has submitted a property report in accordance with Section 802c of the Code of Civil Procedure, has initiated an out-of-court debt settlement procedure or has stopped paying;
• insolvency proceedings against the guest's assets are opened or the opening of the guest is refused due to lack of mass or for other reasons.

5.4 The agency must immediately inform the guest in writing of the exercise of the right of withdrawal.

5.5 In the aforementioned cases of withdrawal, the guest is not entitled to compensation.

5.6 The agency is entitled to terminate the contract extraordinarily after the start of the occupancy if the guest and his fellow travelers permanently disrupt the execution of the contract regardless of a warning, or if they behave in such a way that the contract is not expected to continue . This applies in particular to overcrowding, massive or continued violation of contractual obligations and house rules and property damage to a not inconsiderable extent. In these cases, the guest is not entitled to a repayment.

6. Arrival and departure

6.1 Arrival and departure is based on the following regulations. Different individual agreements are possible.

6.2 Booked objects are available to the guest from 3 p.m. on the agreed day of arrival. The guest is not entitled to previous provision. The keys and objects are handed over on site.

6.3 Objects booked are to be used by the guest no later than 9 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the agency has the right to assign booked objects elsewhere after midnight without the guest being able to derive any claims for compensation. In this respect, the agency has a right of withdrawal. In the event of delays in travel through no fault of your own (dust, accident), telephone contact with the agency must be made as soon as a delay becomes apparent.

6.4 On the agreed day of departure, the property must be made available to the agency by 10 a.m. at the latest. The agency can then invoice the respective daily price for the additional use of the property in addition to the damage it incurs. The guest is free to prove to the agency that the agency has suffered no or significantly lower damage.

7. liability

7.1 The agency is liable in cases of intent or gross negligence according to the statutory
Provisions. The agency is liable for slight negligence solely because of injury to life, limb or health or because of the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless liability is due to injury to life, limb or health. The agency is liable to the same extent for the fault of vicarious agents and representatives.

7.2 The regulation of the preceding paragraph (7.1) extends to compensation in addition to the service, the compensation instead of the service and the claim for compensation for futile expenses, for whatever legal reason, including liability for defects, delay or impossibility.

7.3 Insofar as a parking space is made available to the guest, there is no obligation to monitor the agency or the owner, unless this has been individually agreed in writing in a custody contract.

7.4 No liability is assumed for items left after departure.

8th. Guest's duties

8.1 In accordance with the statutory provisions in Section 651d (2) BGB, the guest is obliged to immediately report any defects that arise and to request remedial action. Claims are not void only if the notification of defects is not due to no fault of your own. In the event of performance disruptions, the guest is obliged to do everything reasonable for him to help remedy the disruption and to keep any damage as low as possible.

8.2 In the event of a significant defect, the guest is entitled to terminate the contract. As a rule, this termination requires a reasonable period of time in addition to the notification of defects with remedial action, unless this is not reasonable according to the circumstances of the individual case.

8.3 The guest is obliged to assert claims of services not performed in accordance with the contract in writing to the agency within one month of the contractual end of the assignment. After the deadline, claims can only be asserted if the guest was prevented from meeting the deadline through no fault of his own and immediately asserts the claim after the obstacle has been removed.

8.4 The object, the facility and other items provided must be treated with care. Damages caused by the guest and his companions or pets brought with them must be reported to the agency immediately and compensated appropriately. Missing or damaged objects and facilities are to be compensated by the guest at the new procurement price. The guest has the option of proving less damage. It is recommended to take out appropriate insurance.

8.5. The object must be passed swept clean. If the property is left contrary to the contract beyond the normal extent, the guest is obliged to bear the costs of eliminating the condition contrary to the contract.

8.6 Pets may only be brought with them after prior express approval for a surcharge in accordance with our price list valid for the occupancy period.

8.7. The tenant is obliged to dispose of the waste generated during the rental period in accordance with house rules. We ask for waste separation.

8.8. The provisions of the respective house rules apply to the object, which can be viewed at any time in the house folder of the domicile.

9.Final provisions

The law of the Republic of Croatia applies. All agreements must be in writing to be legally valid. Unless otherwise stated in the contract, the place of performance and payment is our place of business. The legal regulations on the place of jurisdiction remain unaffected.