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General Contractual Terms and Conditions

PLAVO NEBO ISTRA Resort Medulin  d.o.o., Pošesi 95, 522 03 Medulin, Croatia

Valid from 01.06.2020

Business Name:

PLAVO NEBO ISTRA Resort Medulin d.o.o., Pošesi 95, 522 03 Medulin, Croatia

OIB: 41222290888

VATID: HR41222290888

Registered in the Business Register of the Trgovački sud u Pazinu, MBS 41222290888, EUIDHR41222290888

 1. Contracting Parties

Supplier: PLAVO NEBO ISTRA Resort Medulin d.o.o., Pošesi 95 premises, 522 03    Medulin – provider of accommodation services to the Customer (Guest) against payment (hereinafter referred to as “Resort” or “Supplier”).

Customer: Buyer of services concluding contract with the Resort with the subject of provision of accommodation services by the Resort on the basis of requirements of the Customer (hereinafter also as “Customer” or “Buyer” or “Guest”).

By concluding a contract with the Resort these General Contractual Terms and Conditions shall become binding both for the Resort and the Customer and shall form part of the concluded contract.

2. Booking of Services

 

2.1. Booking may be made by the Buyer on their own behalf, or for the benefit of a third party.

2.2. Booking shall be confirmed by the Resort to the Buyer (Guest) upon the Guest receiving an order in the following forms:

  • by telephone
  • in writing
  • in electronic form

2.3. Order shall contain

▪    name and surname of the Guest, in case of a legal person its name and Company ID

▪    dates of using accommodation services

▪    contact data: telephone number, Guest address, e-mail contact, vehicle license plate number

▪    method of payment for services, in case of a legal person or entrepreneur natural person their invoicing data

▪    scope and type of ordered services

2.4. The Resort is obliged to process the order within 48 hours or the next business day by confirming or rejecting the order or booking.

2.5. On the basis of an order the Resort will issue a booking confirmation confirming the scope of services in written or electronic form. The contract shall be deemed as concluded between the Resort and the Customer (Guest) upon confirmation by the Resort regarding confirmed services without prejudice to Clause 3.9 herein (obligation of the Resort to provide services shall arise following payment of advance).

3. Price and Payment Conditions

3.1. The Resort provides prices to the Guest on the basis of the current valid price list as of the date of order or booking confirmation.

3.2. The Resort reserves the right to change the prices of its services in the course of a calendar year.

3.3. The price referred to in booking confirmation shall be binding.

3.4. The Guest shall not be entitled to a reduction in the price in the event when, eventually, the promotion price has been published following booking confirmation.

3.5. Discounts and special promotions cannot be combined or cumulated.

3.6. On departure day, the Guest shall pay up all the services of the Resort used along with accommodation costs, in cash at the reception desk, by credit card of debit card.

3.7. The form of payment must byť agreed upon in advance.

3.8. Any arrangements, which would be of different scope or content in contrast to those

herein shall be approved in advance and in writing by the Resort management and both Contracting Parties in the form of a separate Framework Contract (or another written contract), or referred to directly in the quotation of the Resort confirmed by the Customer; such written arrangements shall have precedence over these here General Contractual Terms and Conditions.

3.9. Advance payment:

The Resort shall have the right to request an advance payment of up to 50 % of the ordered services from the Customer (Guest) payable no later than 5 days following the date of booking confirmation. The booking shall become binding by the moment of the advance payment being credited to the bank account of the Resort.

3.10. Payment:

3.10.1. The Resort shall issue a Pro-forma invoice for the assumed and agreed price of all accommodation services according to the order with a due date of 5 days following the issue of the Pro-forma invoice in the amount of 50 % of the ordered services as a booking confirmation.

3.10.2. All services ordered shall be 100 % paid no later than on the day of checking in at the Resort. Provided ordered services are not paid completely, the Resort shall not be obliged to provide any services whatsoever.

3.10.3. For reservations within less than 5 days prior to the starting date of using the services, the bank account of the Resort shall have been credited the paid advance of 100 % of the total ordered services.

3.10.4. On the day of crediting the advance payment to the bank account of the Resort in ZAGREBAČKA BANK d.d. HR5823600001102803481, SWIFT: ZABAHRXX, the order shall be deemed as confirmed by the Resort and binding thereto. The dates of rendering services shall be deemed as booked starting from the date of acceptance of the order from the Customer until the due date of the pro-forma invoice. The paid advance shall be accounted for in an appropriate tax document (invoice). In the event of the Customer failing to pay the pro-forma invoice properly and on time, the Resort shall be entitled to cancel their reservation and not provide the ordered services.

3.11. Advance payment may be done in one of the following ways:

▪ in cash or with a debit card at the reception desk of the Resort

▪ by bank transfer to the account: ZAGREBAČKA BANKA d.d. HR5823600001102803481, SWIFT: ZABAHRXX, where the Customer shall use their booking reference number or invoice number as variable symbol

  • by debit card through online reservation system

3.12. Cancellation policy:

3.12.1. The resort shall be entitled to request the below cancellation fees from the Customer (Guest) in the event that the Guest canceled their reservation in writing or in electronic form via e-mail:

  • Cancellations made less than 30 days prior to check-in: 100 % of the total amount of paid advances for the canceled services of the Resort
  • In the event of early departure of the Guest from their accommodation, the Resort shall charge a cancellation fee of 100 % of the total amount of the confirmed remaining accommodation

By booking accommodation and related services under these General Contractual Terms and Conditions, the Customer takes note and agrees that in the event of (partial) booking cancellation or failure to check-in, the Supplier shall be entitled to unilaterally offset the claim of the Customer for returning the paid-up price of booked accommodation and related services against the claim of the Supplier for payment of a cancellation fee in the amount referred to herein and covering any such claims.

3.13. The date of service of written cancellation notice shall be decisive for determination of the number of days for the purposes of cancellation fee calculation.

3.14. The procedure of the Contracting Parties in the event of Vis maior (force majeure)

3.14.1. Force majeure (lat. Vis maior) is a special legal occurrence of an emergency, unforeseeable and unavoidable event. An obstacle to the performance of contractual obligations arises as a result of force majeure independently of the will of any of the Contracting Parties. For the purposes of these here General Contractual Terms and Conditions an obstacle shall be in particular a natural disaster, military conflict, revolution, terrorist activity, epidemic diseases, events of national nature (nationwide strikes, legislative measures). In such case (of force majeure event) the Resort shall not be obliged to provide the agreed services to the Customer or provide these only within the subsequently individually agreed scope, and the Customer shall not be obliged to use the ordered services within the prebooked time period.

3.14.2. Contracting Parties shall be obliged to notify the other Party of such fact (of a force majeure event) without any delay.

3.14.3. Force majeure shall be a reason for an eventual failure to provide services pertaining to the contractual relationship.

3.14.4. In the event of occurrence of an obstacle in the performance of contractual obligations of the Resort or of the Customer due to a force majeure event, the Contracting Parties shall be obliged to agree upon a substitute performance of the subject of the Contract (new scope of services, the new date for the provision or use of services); the Resort shall be deemed to have fulfilled such obligation by enabling the Customer to use their services within their capacities in the originally agreed value (price) within 12 months following the originally agreed to start date of use of the services by the Customer; provided the Customer does not use the services of the Resort within such period of 12 months, their order shall be deemed as canceled in full with the related cancellation fee of 100 % of the price for the ordered services. The Customer shall not have the right to the remuneration of any damage suffered due to a force majeure event or other circumstances precluding responsibility.

4. Services provided

 

4.1.   If not agreed otherwise, the Guest may check in on arrival date starting from 15.00.

The Resort shall be obliged to accommodate the Guest not later than by 18.00.

4.2. In the event of the Guest making advance payment, the Resort shall be obliged to hold the reservation of the Guest until 10.00 of the following day. In the event of the Guest not claiming the pre-booked services following such deadline, the Resort shall not be obliged to return the advance payment to the Guest.

4.3. Provided the Guest does not have booking confirmation in written form, they shall be obliged to check-in by 18.00, unless The Guest agrees otherwise with the Resort.

In the event of the Guest not checking in by 18.00, the Resort may use the accommodation capacity booked for the Guest freely.

4.4. The Guest shall be obliged to free up their accommodation capacity on departure date by 10.00. In the event of failing to do so, the Resort shall be entitled to charge the Guest with another accommodation day, unless agreed otherwise.

4.5. In the event of the Guest having their booking confirmed and advance paid and the Resort failing to provide accommodation to them, the Resort shall be obliged to arrange an appropriate alternative accommodation at their costs.

4.6. In extraordinary cases, the Resort reserves the right to offer different accommodation to the Guest, compared to the originally agreed one, provided it is not substantially different from the confirmed order.

4.7. The Guest shall have the right to receive all services agreed to in the confirmed order.

4.8. The Resort does not accept any animals in the premises

4.9. The Resort may prolong accommodation to the Guest only if they have free capacity.

4.10. The contractual relationship between the Guest and the Resort shall terminate on the date of payment of the final bill. The Guest shall be obliged to pay the final bill on the premises in cash or by debit card.

4.11. In the event of the Guest ending their stay before the date agreed to in their booking, the Resort shall have the right to charge the Guest with the amount for their whole stay.

4.12. The Guest shall be responsible for any and all damages caused by them during their stay. In the event of any damage caused by an infant, their guardian shall be responsible.

4.13. In the event of the Guest fails to pay the final bill, the Resort shall be entitled to withhold all things brought to their apartment by the Guest. Eventually, the Resort shall be entitled to charge the incurred damages to their bank card.

4.14. The Resort shall be entitled to terminate the stay of the Guest and withdraw from the contract without notice and without any right of the Guest to claim any funds to be returned in the event of:

▪ the Guest intentionally or negligently damaging property of the Resort, acting in breach of principles of decent social behavior and morale;

▪ harassing other guests with their behavior;

▪ the health state of the Guest endangering the health of other guests and staff;

▪ due to a force majeure event

▪ in the event of failure to comply with Clause 4.9

4.15. Provided the Resort detects damage to the apartment inventory or theft of property of the Resort, the Resort shall be entitled to surcharge such claims resulting from said facts to the credit card of the Guest following notice thereof, or to issue and send a bill to the address of the Guest.

4.16. The Guest shall be obliged to comply with the valid accommodation rules (kučnim redom).

 

5. Liability for Damages

5.1. In the event of violation of the contractual relationship, the Contracting Party shall be obliged to remunerate the resulting damage to the other Party, unless demonstrably proven that such damage has been caused by circumstances excluding liability.

5.2. The Customer shall be responsible in full for any damage caused by depreciation, damage or destroying of property or furnishings of the Resort by the Customer (Guest).

  1. Other Sanctions and Penalties

6.1. In the event of a false alarm due to non-compliance with failure to observe fire regulations such as smoking ban in apartments and Resort premises

  • smoking ban in apartments and Resort premises
  • using an open fire in apartments and in Resort premises may result in charging the person concerned with a fee of up to EUR 2,000.00

   

6. Protection of Personal Data

7.1. In accordance with the regulation of the European Parliament and of the Council (EU) 2016/679 of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and with the Act no. 18/2018 Coll. on the protection of personal data, the Supplier shall do all that is necessary to be in compliance with these regulations and the Customer declares that they were notified of the rights and obligations pertaining to the acquisition and processing of their personal data under this legislation. At the same time, the Customer grants their consent to the Supplier for processing of their personal data referred to in the order for the purposes of securing and providing the ordered services and for the purposes of performance of the obligations imposed by the above legislation for the duration necessary for securing the rights and obligations relating to legal relationships between the Customer and the Supplier. Withdrawal of such consent may be done in writing with or without providing a reason therefor. The Customer being the data subject declares that they are fully aware of their rights.

Medulin, 01.06.2020

PLAVO NEBO ISTRA Resort Medulin d.o.o.