GENERAL BUSINESS CONDITIONS OF CREATIVE TOURISM INDUSTRY
– Rights and obligations of the guest, the agency and the owner –
- GENERAL TERMS
Creative Tourism Industry d.o.o. is a travel agency (hereinafter: CTI) which is specialised in tourism projects, interior and exterior design and decoration and agency activities in renting of high standrad private villas. CTI concludes agency contracts for providing of accommodation services directly with real estate owners. All advertised villas are under a contract with CTI and they all have licenses issued by the competent state authorities. All villas were designed and decorated by a CTI team. All villas are checked personally by CTI employees. They make photos of all villas.
The rental contract, which you enter into with CTI as an agent, you as a lessee (hereinafter: guest) actually conclude with the villa-vacation house owner (hereinafter: Villa) as a lessor (hereinafter: Owner). CTI acts exclusively as an agent and it shall be liable only as an agent. By paying an advance for the reservation of the selected villa in the demanded period you unconditionally accept these General conditions. CTI retains the right of change of these General conditions which shall be published on the web page of CTI www.creative-tourism.hr and www.weistria.com and which come into force on the day of publishing. After CTI receives the payment of the reservation advance, it shall send a written villa reservation confirmation to the guest (hereinafter: confirmation), which shall contain a precise villa location and all necessary contact information. A written reservation confirmation with these General Conditions makes a Rental contract between the guest as a lessee and owner as a lessor. The guest must be at least 21 years old on the villa reservation day.
- RENT BEGINNING
The time of arrival and departure, which is mentioned in the confirmation, is unchangeable and the guest has to obey it. In case of an earlier arrival the guest shall not be able to take over the villa before the time of arrival mentioned in the confirmation. The owner or the person authorized by the owner welcomes the guest in the villa and the keys shall be handed to the guest only in case that the full rental fee is paid. The check-out from the villa must always be no later than 10.00 a.m. on the departure day, and the guest is obliged to return the keys to the owner. In case of a later departure than the agreed one, the guest is obliged to pay to the owner all additional costs, which incurred to the owner, and the owner charges them directly on the spot to the guest.
- NUMBER OF GUESTS
At any time the number of persons accommodated in the villa and its belonging premises cannot be higher than the one mentioned in the confirmation. This number of persons includes also children regardless of their age. At wish of the guest the number of persons can be increased until the maximum capacity no later than 3 (three) days before arrival. The requested change of the guest number must be submitted in writing by an email directly to CTI. After the lease beginning the guest is obliged to announce previously all visitors that come to visit him/her. The total number of persons that are in the villa or at the property around the villa including the guests and visitors cannot be higher than the maximum number of guests permitted without a special permission of the owner. If more persons than the maximum permitted number stays in the villa or on the possession around the villa without the permission of the owner, the owner and/or CTI retain the right to terminate the lease agreement which comes into force immediately, without the notice period, and the guest is obliged to leave the villa permanently together with all persons which stay there within 2 (two) hours, and he is not entitled to demand the return of the sum of the paid accommodation from the owner or CTI.
- YOUTH GROUPS
In case that the guests are younger than 25 years, they are obliged to inform CTI immediately at the reservation about the exact number of guests and their age. In this case a payment of an additional deposit might be necessary for the insurance against the property damage in order to keep the reservation. CTI and the owner retain the right to reject the groups of guests younger than 25 years in case that CTI has not been informed about their arrival, and in that case the guests are not entitled to a return of the paid accommodation price.
- TENTS AND CAMP TRAILERS
It is forbidden to build tents or bring camp trailers or similar. The owner or CTI are authorised to demand that the above mentioned is removed without delay. If the guest does not fulfill the mentioned requests without delay, the owner and/or CTI are authorised to terminate the rental agreement which comes into force immediately, without a notice period, and the guest is obliged to leave the villa permanently together with all the persons which stay there within 2 (two) hours, and he is not entitled to demand a return of the paid accommodation price from the owner or CTI.
- HOUSE PETS
The permission to keep pets shall be marked on the web page of CTI (or on the advert on the partner web site) near each villa which allows pets. Each additional costs compensation for the cleaning regarding the pets shall be clearly mentioned on the web page near the villa. It is not permitted to keep a larger number of pets than the number which is registered and mentioned on the confirmation. In case that the guest wishes to bring more than 2 (two) pets, he/she must additionally contact CTI, and without a written permission it shall not be permitted to keep more than 2 (two) pets in a villa. The pet owners are responsible for cleaning of pet waste after their pet, and the pets are not allowed to sit on the furniture at any moment. Each evidence on the stay of a pet on the furniture may cause additional cleaning costs. All pets must be timely vaccinated against rabidity and all other illnesses in accordance with the valid regulations. Keeping of pets in a villa is an exclusive responsibility of the guest, and owners and CTI do not take over any responsibility for a possible illness or injury that the pets might suffer during the stay. The approach to the swimming pools or hot tube is strictly forbidden to the pets.
In some villas keeping of pets is not permitted. However, neither the owner nor CTI can guarantee that there were no pets in the house previously, or that the owner has no pets. CTI does not take over a responsibility for the allergic reactions of guests that might occur in any of the houses. If the guest brings a pet which was not announced, the owner and/or CTI retain the right to terminate the rental contract which comes into force immediately, without the notice period, and the guest is obliged to leave the villa permanently within 2 (two) hours with all the persons who stay there, and he is not entitled to demand from the owner or CTI the return of the paid accommodation price.
There is a possibility that in the villa area the guests suddenly hear noise which comes from a construction site, traffic or similar. Neither the owner, nor CTI can be considered responsible for the mentioned noise. In case that the guests disturb public order by noise and banter and do not calm down after the warning, that can be considered a severe breach of the rental contract provisions, in which case the owner and/or CTI are authorised to terminate the rental contract which comes into force immediately, without the notice period, and the guest is obliged to leave the villa permanently together with all the persons who stay there within 2 (two) hours, and he is not entitled to demand the return of the paid accommodation price form the owner or CTI.
- SWIMMING POOL & JACUZZI
The guest is obliged to obey the instructions of any kind which refer to the usage of swimming pools, hot tube and jacuzzi (hereinafter: water facilities) and similar and which are given by the owner or CTI due to his/her own safety. The guest is responsible for using water facilities in any sense. The children must not be present at the water facilities area without the supervision of adults. The guest uses the water facilities at his/ her own responsibility. If the accommodation is reserved out of the summer season it might happen that the swimming pool is out of use. You should take into consideration that the usage of water facilities is related to certain health risks, and you use it at your own responsibility. The water in the whirlpools might not be warm until the late evening hours on the day of the guest`s arrival. It is forbidden to stand on the whirlpool lids. The lids are used for isolation, they are not designed and adjusted to bear weight of a person and can be easily broken. In case that the lid is broken, the guest is obliged to compensate damage directly to the owner.
- HOUSE ORDER
Each villa has its house order which is put on a visible place and available to the guest. Guests are obliged to obey the house order rules. If the guests do not obey the house order rules, that can be considered a severe breach of the rental contract provisions, in which case the owner and/or CTI are entitled to terminate the rental contract, which comes into force immediately, without the notice period, and the guest is obliged to leave the villa permanently with all the persons who stay there within 2 (two) hours, and he is not entitled to demand the return of the paid accommodation price from the owner or CTI.
- NEWLY BUILT VILLAS
At the reservation of the newly built villas the guest must be aware that it might happen that there was not enough time for the grass, plants, flowers or other horticulture to grow in the garden and neither the owner, nor CTI can be considered responsible.
- PRICES AND PAYMENT
Unless otherwise mentioned, all the prices are stated in Euro (EUR – €) per villa per week. The reservation is binding, and an advance payment in the amount of 25% of the agreed accommodation price is required at the reservation, after which the reservation is confirmed, the contract with the owner is concluded and these General conditions, which make a constituent part of the villa rental contract are accepted. After the completion of the reservation process and payment CTI shall send a written reservation confirmation by email, which contains all the necessary information about the accommodation and along with these General conditions it represents a Rental contract concluded with the owner with the mediation of the agency CTI. The rental contract is considered concluded at the moment when CTI receives the paid advance amount. In case that the payment is not made within 3 days from the reservation day, the Rental contract is deemed terminated, and CTI is authorised to conclude a new Rental contract with another guest, without a special notice to the guest. The costs of water, gas, electric power and internet as well as bed-linen, towels, kitchen towels, final cleaning of the interior, maintenance of the swimming-pool and exterior, registration of stay and residential tax and the value added tax are included in the accommodation rental price. The permitted payment methods for the advance payment are: credit cards (Visa, MasterCard, American Express, Discover cards), pay pal and bank transfer. It is possible for a guest to book a villa advertised on some of the advertising portals which CTI uses as a presentation or reservation portal for her villas and select additional services with booking which services are not provided by CTI (eg travel insurance and similar), and those are exclusively the services of these portals, which is clearly indicated on those portals. Contracting and paying for such services on these portals, the guest agrees to their will, as indicated in the related terms and conditions to which the guest agrees using certain services on those portals, and such services do not have any legal links between the CTI, the guest and/or the owner. Such services merely represent the relationship between the guest and those portals.
For the rest payment (75% of the agreed accommodation price) all payment methods like for the advance payment are permitted. The payment by credit cards, pay pal and bank transfer has to be made no later than 30 days before the arrival to the villa so that CTI has enough time for forwarding the payment to the owner.
In case of reservation cancelation, all the payments which are made to CTI cannot be returned because CTI forwards the payments to the owners according to an agreement with owners.
11.1. Reservations that were made 30 days and more before the beginning of the rental period
For the reservations which were made 30 days or more before the beginning of the rental period, the following conditions shall apply:
- a) advance payment of 25 % of the total agreed accommodation price is due for payment immediately if the payment method over a credit card or pay pal is selected. If the payment over bank transfers is selected, the paid advance payment has to be received by CTI within 3 (three) days;
- b) the rest of 75 % of the total agreed accommodation price is due for payment no later than 30 (thirty) days before the beginning of the rental period if the payment is made by credit cards, bank transfer or pay pal. If the payment in cash is selected (in the villas in which that possibility is permitted which is mentioned on the advert of the villa) the rest of 75% is due for payment immediately after the guest`s arrival, and the guest is obliged to pay the rest immediately directly to the owner. There is no possibility to pay electronically (cards/pay pal) in the villa.
11.2. Reservations which were made 30 days and less before the beginning of the rental period
- a) The total rental amount is due immediately for payment by credit cards, bank transfers and pay pal. It is not possible to select a bank transfer as a payment method if the arrival date is less than 10 days at the moment of making a reservation.
- b) In case that the guest selects the payment of a part of the agreed accommodation price in cash (in villas in which that possibility is permitted, which is marked on the advert of the villa) the advance payment in the amount of 25% from the total agreed accommodation price is due immediately for payment, and the rest of 75% is due for payment immediately after the guest`s arrival, and the guest is obliged to pay immediately the rest directly to the owner. There is no possibility to pay electronically (cards/pay pal) in the villa.
11.3. Non-observance of the payment due dates
The guest is obliged to make payments within the period and in a way described in this General Conditions. If the guest does not obey the payment due dates, such behaviour is considered a severe breach of contract obligations and the Rental Contract is considered terminated without the notice period, and CTI is not obliged to inform the guest about it. CTI shall, although it is not obliged, but in accordance with its business policy of a special appreciation of its guests, send the guest a notice as a reminder of the payment obligation with an appropriate fulfillment period before the contract termination if possible. At the occasion of the contract termination no payments made to CTI shall be returned.
- CANCELLATION AND CHANGES
A concluded rental contract can be cancelled only in writing (by email). The cancellation is effective only from the day when CTI received such a cancellation notice and only under the conditions from this Clause.
In case of cancellation of the Rental contract all the received payments until the cancellation date shall be retained, and the guest is not entitled to their return. CTI recommends the guests to contract the insurance policy for the reservation cancellation from a reliable company.
In case that the guest can find another guest as his substitute in the same period, for the same price and under the same conditions, CTI shall transfer immediately after a written receipt of all necessary data about the new guest the written confirmation of the reservation and this General Conditions to a new guest. The already received accommodation price sums shall be retained by CTI after the transferred contract, and the new guest is obliged to pay the rest up to the total accommodation price depending on the previously selected payment method which makes an integral part of the contract.
An additional change of the villa is not possible, and all the received payments are retained because CTI as an agent has a concluded agency contract for the provision of accommodation services with the villa owners who are various physical persons or legal entities, and an invoice is issued at the reservation, the tax is paid and the money is paid to the owner.
In case that the object is not available for the rent due to the Act of God such as earthquake, flood, fire etc. CTI and the owner are not liable for the cancelled reservations. If it is possible the guest shall be offered an alternative accommodation or return of the money paid until then.
In case that the guest selects the payment of a part of the agreed accommodation price in cash (in villas in which that possibility is permitted, which is marked on the advert of the villa) in the case of a cancellation which is made 30 days and less before the beginning of the rental period and fail to find another guest as his substitute in the same period, for the same price and under the same conditions the rental contract is considered terminated, CTI will send the guest a notice in writing (by email), CTI will retain all the payment made till the date of cancellation, and the guest is obligated to pay additionally and immediately the following percentages of the total rental price directly to the owner:
– from 29 to 22 days before the beginning of the rental period – 40% of the total rental price
– from 21 to 15 days before the beginning of the rental period – 60% of the total rental price
– from 14 days until the beginning of the rental period – 75% of the total rental price
In this situation CTI takes no responsibility if the guest is late on paying or refuses to pay, and this should be resolved between the owner and the guest.
- SECURITY DEPOSIT
The guest is obliged to leave a deposit in cash on the arrival to the villa for the insurance of the possible caused damages. The deposit sum that the guest is obliged to give to the owner at the arrival shall be stated in a written reservation confirmation. The deposit serves as a security to the owner for caused damages in the villa, and the owner is entitled to cover the damage from the deposit.
In case that the caused damage is higher than the deposited sum, the guest is obliged to pay the total damage amount to the owner.
If no damage is caused to the villa, the owner is obliged to return the deposited sum to the guest at the takeover of keys at the guest`s departure.
The guest is obliged to behave responsibly towards the rented villa with an appropriate observance. The guest is obliged to return the villa in the condition in which he/she received it. For any caused damage the guest is liable directly to the owner. The owner is entitled to use a deposit to cover the sum of the actual damage in accordance with the Clause 13 of these Conditions. If the deposit sum does not cover the damage the guest is obliged to pay the difference up to the total damage amount directly to the owner.
An intentional property damage or disturbance of public order is considered a severe breach of provisions of the Rental contract, in which case the owner and/or CTI are authorized to terminate the Rental contract which comes into force immediately, without the notice period, and the guest is obliged to permanently leave the villa within 2(two) hours together with all the persons who stay there, and he/she is not entitled to demand a return of the paid accommodation price from the owner or CTI.
The guest is obliged to report to the owner immediately the occurrence of any kind of damage on the villa or property around the villa during the rental period. At the guest`s departure and before the return of keys, the guest is obliged to examine the villa and the property around the villa with the owner.
In case no damage is caused, the owner is obliged to return the deposit from the Clause 13 of these Conditions.
It can be considered that a damage is also a need for an additional cleaning due to the especially bad condition in which the guest returned the villa to the owner, and the owner is entitled to use a deposit to cover that damage.
CTI has no liability for the possibly caused damages to the owner or to the guest if he/she does not want to return the deposit. All possible disputes the owner and the guest shall settle between himself or herself without CTI.
- ADDITIONAL SERVICES
If the guest has special requests that are not included in the accommodation price (such as cooks, waiters, special food etc.), they shall be fulfilled, if there is a possibility, by the owner or a third party. Additional services must be announced in advance by email in order to be fulfilled, if there is a possibility, in the top quality.
CTI neither provides additional services nor charges them, but only gives a support in their arrangement, and CTI cannot be considered liable for the quality of services provided by third parties.
- COMPLAINTS FROM THE GUEST
If the guest at takeover of the villa notices an insufficient cleaning, damage or other irregularities in the villa, or has complaints of other type, he/she shall file a complaint without delay and no later than within 24 hours. The complaints regarding cleaning are filed immediately. The complaint is filed directly to the owner or his/her authorised representative. If the complaint is not settled in a satisfactory way for the guest, the guest shall contact directly CTI by phone or email in order to settle the complaint in a satisfactory way. Written complaints are delivered to the email address: firstname.lastname@example.org.
It is an obligation of the guest to try to avoid the damage occurrence or its expansion and to contribute the effort to minimise any loss for the owner.
In case of filing of any complaints the guest is obliged to give an appropriate term to the owner to settle the complaint. CTI has examined the object condition at the contract conclusion with the owner, and is not liable for possible additional deviations from the provided information mentioned on the web page.
The guest`s departure from the villa before the end of the foreseen rent and without the previous notice and agreement with CTI shall be at risk and costs of the guest, and CTI has no liability. If the guest does not leave an appropriate term to the object owner for the removal of irregularities related to the damage repair or move to another villa he/she loses right to them, and in that case he/she cannot terminate the concluded Rental Contract.
The owner is exclusively liable to the guest for possible direct property damage. Neither CTI nor the owner can be considered liable for any form of a nonmaterial damage in the form of a breach of personality right.
- VILLA TECHNICAL EQUIPMENT
Villas contain all necessary devices, technical equipment and other conveniences that secure a pleasant stay to the guest. The owner is obliged to secure the proper function of all devices in the villa. In case of a non-function or failure of any of the devices the guest shall inform the owner and/or CTI about the occurred situation so that CTI could demand from the owner to organise the repair and remove the failure as soon as possible. The owner is obliged to remove the reported failure within a reasonable period. The owner is liable directly to the tenant for the failures, and CTI shall undertake everything possible to repair or remove the failures or other irregularities in the shortest possible period.
- CTI AS AN AGENT
CTI is a tourist agency that provides agency services in the villa rent on the basis of an agency contract on provision of accommodation services concluded with the villa owners, and it is not their owner. The owner is obliged in the contract with CTI to give true and complete information about the villa, and therefore he/she takes over a full responsibility towards the guest. If in opposition to the expectations of CTI the accommodation reservation cannot be completed due to the reasons which are out of control of CTI, such as due to the sale on the basis of the court order or due to severe contract breach by the owner or something similar, CTI is authorised to cancel the reservation, and the agreed amount which was already paid by the guest, shall be returned to him/her without delay. As an alternative and on the basis of the selection of the guest, CTI can offer an other, similar villa for the same price to the guest.
- ACT OF GOD
In case that the concluded Rental contract cannot be fulfilled or its fulfillment becomes significantly difficult due to an act of God (e.g. war, natural disaster, environmental disaster, epidemics, closing of borders, strike and similar act of God) which could not be foreseen at the time of the rental contract conclusion, CTI and the owner may terminate the Rental Contract as neither CTI, nor the owner can be deemed liable in the above mentioned cases.
- FINAL PROVISIONS AND JURISDICTION
CTI transmits all the villa information on the web page and aims at providing as accurate and up-to-date information as possible, which it collects from the villa owners. The owner is exclusively liable for giving accurate and complete information about the villa, and CTI cannot be considered liable in case of inaccurate, incomplete or false information.
Each business use of information published on the web page www.creative-tourism.hr and www.weistria.com and on the related adverts of our villas on other web portals, including any partial or complete reproduction represents a breach of the copyright and it is legally forbidden.
In case of breach of provisions of this General terms and the rental contract, the owner (after the consultation with CTI) and/or CTI are obliged to terminate the rental contract which comes into force immediately, without the notice period, and the guest is obliged to leave the villa permanently within 2 (two) hours together with all the persons who stay there, and he/she is not entitled to demand a return of the paid accommodation price from the owner or CTI.
These General business conditions are made in Croatian language, and are translated into English and German language by an authorised court interpreter. In case of a doubt regarding the interpretation of particular terms in the translated version of these General conditions the original version in Croatian language shall be binding.
The contracting parties shall try to settle all possible disputes in an agreement. In case of any dispute the parties agree the jurisdiction of the competent Court in Rijeka and the application of the Croatian law.