Istria home d.o.o.
Partizanska 13, HR-52440 Poreč
T. +385 52 495927, F. +385 52 495886
OIB: 24296118392, info@istria-home.com
1. The Subject of the Contract
The subject of this contract is the settlement of relations between the travel agency Istria home d.o.o., Partizanska 13, HR-52440 Poreč, VAT number: HR24296118392 , ID-CODE: HR-AB-52-040287182, Tel. +385 52 495 928, E-mail info@istria-home.com (hereinafter referred to as ISTRIA HOME) on its name and on behalf of the contractual lessor on the one side, and for the accommodation user (hereinafter the guest) on the other side, during the process of booking accommodation from the offer of the Web page www.istria-home.com.
2. Reservation and concluding the contract
The contract between the guest and ISTRIA HOME comes into force with the binding reservation (verbally, in writing or by e-mail). From that moment onward, the rights and obligations of the contractual parties are regulated by these General Terms of Business and apply to the guest and ISTRIA HOME. Confirmation of reservation will be immediately delivered to the guest by e-mail. In the event of the confirmation differing from the requested reservation, by paying the received reservation the guest confirms that they accept the terms listed in the confirmation. ISTRIA HOME may without obligation accept any kind of special demand (ie request), but the request is not legally binding for ISTRIA HOME and will be fulfilled only if ISTRIA HOME has issued a written confirmation.
In the event of payment arrangements not being made according to Article 3.2, the reservation may be cancelled, with ISTRIA HOME having no obligation towards the guest.
3. Prices and terms of payment
3.1. Accommodation price
The prices published on the Web page www.istria-home.com are expressed in EUR, and apply to the price of daily accommodation per accommodation unit in the corresponding price season. The published prices are valid from the moment of refreshing data on the Web page, ie from the moment of publication of a new brochure. In accordance with Article 3.5 about price change, the price valid at the moment of reservation is applied. If the facility contains several identical accommodation units with the same description and prices, in the facility’s description the total number of such units will be listed, but only one of them will be described. It is not compulsory for special offers to apply to all accommodation units of the same type. Any additional services requested by the guest (eg. extra cleaning, phone expenses, bike hire etc.) are not included in the price and must be payed on the spot to the person in charge of the facility’s keys, or to a ISTRIA HOME employee. The minimum length of stay in the months June, July and august is 7 nights, while in the other months it is 3 nights. For a shorter stay the accommodation price goes up 30 %. The day of arrival/departure is Saturday, unless otherwise specified. The accommodation prices (UNLESS OTHERWISE SPECIFIED) include: usual consumption of electricity, heating in winter and air-con in summer, water consumption, gas consumption (if available), final cleaning, bedding, bath towels and tourist tax.
3.2. Payment
Regardless of whether the reservation has been made directly by the guest, or through a partner agency, upon receiving confirmation of reservation the guest/agency has to make and advance payment of 30 % within the next 5 days, thus definitely confirming the booking. The balance of the full amount has to be paid at least 42 days before arrival and starting to using the reserved service. For reservations made within 42 days before arrival the total amount of reservation must be paid in the next 24 hours. Payment of reservations made within 42 days before arrival must be reconfirmed by written confirmation (fax or e-mail) of the made payment. ISTRIA HOME reserves the right to request a valid credit card number from the guest as payment guarantee. In the case of the guest not sticking to the payment deadlines, the reservation may be cancelled.
3.3. Reservation cancellation
In the event of the guest cancelling the reservation, the following cancellation fees will be charged:
Reservation cancellations notified till 42 days before arrival: 30 % of the total reservation cost is charged
Reservation cancellations notified between 41 and 28 days before arrival: 50 % of the total reservation cost is charged
Reservation cancellations notified between 27 and 8 days before arrival: 70 % of the total reservation cost is charged
Reservation cancellations 7 and 1 day before arrivall: 80 % of the total reservation cost is charged.
Reservation cancellations on the arrival day or NO SHOW: 100 % of the total reservation cost is charged.
The day when the cancellation notice has been received is considered the cancellation date (if it happens to be a holiday or Sunday, it will be the next working day). In case of no-show or unannounced delayed arrival, ISTRIA HOME keeps the total reservation amount.
3.4. Reservation change
On the guest’s request the reservation may be changed in terms of change of date, accommodation unit, accommodation type or names of persons. Any change made within 42 days before using the service will be charged 150,00 kn along with applying the rules from Article 3.3. in the event of changing accommodation units.
3.5. Price change
When selecting our facilities, special attention is paid to service description and price calculation. However, despite this we are unable to exclude the possibility of price and service change. In the event of such changes, the guest will be notified when booking or, at the latest, upon receiving booking confirmation. The items written on the booking confirmation are final. It is unlikely that any changes will occur after the booking confirmation, but we cannot entirely exclude not even this possibility. In the event of any significant changes occurring, the guest has the right to cancel the reservation with no charges being made within 7 days of being notified. Payments already made will be refunded. ISTRIA HOME has the right to change prices up to 22 days before arrival, due to increasement or introduction of fees or taxes on certain services, or due to significant changes in the rate of exchange after concluding the reservation. The guest also has a right to cancel the reservation in the event of a price increase of more than 10 %, under the same conditions listed in the previous article.
4. Accommodation from our offer
ISTRIA HOME’s accommodation offer consists of units owned by our contractual partners – lessors on for whose account ISTRIA HOME sells capacities on the tourism market.
4.1. Maximum number of people
The accommodation units from our offer may only be accommodated by the maximum number of people listed in the description of the reserved accommodation unit posted on ISTRIA HOME’s Web pages. The same applies to children, regardless of their age, with the exception of facilities allowing another child under the age of four free of charge. The guest is asked to mention this fact while booking. It is also forbidden to place tents or caravans on the land belonging to the facility. In the event of exceeding the maximum number of
people, or placing a tent or caravan on the facility’s land, the owner may charge a fee per extra person, or remove the extra people from the estate, ie demand the removal of the tent or caravan. If the guest ignores the request, everyone will be removed from the estate and no refund will be made.
4.2. Size of the accommodation unit
Our associates have personally visited each facility in our offer. With listed facility sizes it is always about external dimensions, and consequently there’s a possibility that the internal dimensions may be up to 15 % smaller than the ones listed.
4.3. Pets, bugs and allergies
Despite thorough cleaning and maintenance of our facilities, occasionally a bug or mouse may be found who got there from their natural habitat where the house is located. ISTRIA HOME cannot be held responsible for this. Although pets aren’t allowed in all facilities, this does not mean that there have never been any pets in the booked facilities. ISTRIA HOME does not take any responsibility for the guest’s allergic reactions in certain facilities.
4.4. Noise
When selecting accommodation from our offer, we always make sure we select accommodation located in good, safe and quiet areas. Despite this, we cannot guarantee that there will be no noise during the guest’s stay, because we cannot affect or control things such as traffic noise, noises from nearby construction sites etc. Neither the owner nor ISTRIA HOME can be held responsible for noises coming from the facility’s surroundings.
4.5. Swimming pool
In the event that the accommodation unit has a swimming pool, the guest is obligated for safety reasons to stick to every advice of the owner or ISTRIA HOME. Using the pool is exclusively at your own risk. Children can use the pool only with an adult present. It is strictly forbidden for pets to use the swimming pool.
4.6 Youth groups (till 25,99 years of age)
In case that at the arrival is determined that a youth group has arrived in a house which doesn’t allow such groups (clearly stated in the description of the house on the Istria home’s website) following rules will be applied:
The breackage deposit will be increased on 100,- € per person – to be paid in cash on the spot,
The guests have to strictly respect the house rules which they’ll find in the house with an emphasis that loud music and partys are forbidden during the whole day and night.The house rules wil be sent to the client on request.
In case the clients should not respect the house rules, the owner of the hosue will warn them only once. In case the clients should continue not to respect the house rules or cause material damage in the house, the house owner has the right to ask the clients to live the property without the return of the deposit, nor the paid amount for the accommodation.
5. Features of the accommodation units
In many accommodation from our offer guests have many features at their availability such as a washing machine, dishwasher, fridges, microwaves, DVD players, television sets, satellite receivers, a telephone, internet access, swimming pool etc. They can freely use these features, but ISTRIA HOME cannot be held responsible if one of these features unexpectedly stops working during the guest’s stay. This also applies to sanitary facilities and installations.
6. Time of arrival and departure; shortening or extending your stay
After setting the total reservation cost, at least 4 weeks before arrival travel documents will be delivered to the guest confirming that he/she is the legitimate user of the booked accommodation. These travel documents include a voucher, a description of the journey describing the accurate route to the accommodation and accurate information about where to collect the accommodation’s keys after presenting their confirmation of paying for the booking – the voucher.
The guest is asked to pay attention to the contact numbers in order to be able to contact the accommodation’s owner or a ISTRIA HOME’s employee working in the area. Upon arrival the guest must hand in their travel and personal documents to the person giving them the house/apartment keys, who will then register the guest by the authorities and immediately return their personal documents. The estimated time of arrival/departure is listed in the travel documents. The time of arrival must be between 4 PM and 8 PM, while the time of departure is till 10 AM. In the event of arrival not being possible before 8 PM, the guest is obligated to notify the travel agent or person in charge of the keys, with whom they will arrange when to collect the keys. In the event of the guest wanting to extend their stay, they are asked to promptly inform their travel agent who will, if the desired period is available, gladly book them an extension of their stay.
7. Ensuring replacement accommodation and reservation cancellation by ISTRIA HOME
In exceptional cases due to unpredictable or unavoidable circumstances, ISTRIA HOME may give the guest appropriate replacement accommodation of equal value and quality. ISTRIA HOME is authorized to cancel the reservation before or during the period of the guest using the accommodation, if unpredictable or unavoidable circumstances occur preventing the accommodation’s usage, endangering the guest or accommodation, or lessening the service’s quality to the point of it being impossible to provide the contracted service. In this case the guest will be refunded for payments already made, minus the cost of already-used services. In any case ISTRIA HOME is not required to pay the guest compensation.
8. Other obligations of the guest
During their stay, it is the guest’s duty to use the accommodation owner’s property and equipment with appropriate care. They must also adjust their behaviour as not to disturb the other guests, neighbours and host. In the event of the guest not adjusting their behaviour with the house rules even after being warned, they lose their right to the booked accommodation and must leave immediately without compensation. Any damages and deficiencies caused or discovered by the guests must immediately be reported to the person in charge of the keys or the ISTRIA HOME’s employee. This way damages and deficiencies will immediately be removed without lessening the quality of stay. The guest is responsible for any damages or deficiencies they’ve cause if they cannot prove that they’re not responsible. The same applies if the accommodation unit, due to damages, dirt or missing equipment cannot be submitted to the next guest for them to use. The owner will charge the guest on the spot for any damages or deficiencies.
8.1. Deposit
The deposit can be paid only cash (as mentioned on your booking confirmation). It is necessary to pay the deposit otherwise you will not receive your key. The deposit is a security retainer and will be refunded in cash upon proper return of the rental property.
9. Complaints and compensation claims
It is the guest’s obligation to conscientiously handle the unit and its inventory. On the day of departure the accommodation unit must be in the same condition as it was when the guest arrived. In the event of the accommodation’s condition differing from its condition when booked, the guest must immediately notify the person in charge of the keys. If visible irregularities are not reported immediately after arriving, it will be thought that the unit was handed over in proper condition.
If any irregularities occur during the guest’s stay, it is their obligation to act in the same way. In the event of the owner or person in charge of the keys being unable to rectify the irregularity within a reasonable period, it is the guest’s duty to inform their agent or ISTRIA HOME’s employee. If the guest voluntarily leaves the facility or finds other accommodation without giving ISTRIA HOME time to resolve the issue causing the guest’s dissatisfaction, the guest loses their right to receive compensation regardless of whether their reasons for departure were justified or not. The person in charge of the keys and the travel agent are not authorized to approve compensation requests. Compensation requests must be delivered to ISTRIA HOME or your travel agent in written form within two weeks after using the accommodation unit with proof included (pictures, confirmation from the person in charge of the keys/travel agent, witness statements etc.). Complaints made after the two-week deadline will not be taken into consideration. We emphasize that it is in the guest’s interest to act in good faith and show willingness to resolve their complaint during their stay and to give their written complaint to the owner on the spot, and request written confirmation that the complaint has been received. If the guest does not meet these requirements, they lose their right to receive compensation. ISTRIA HOME is obligated to deliver a written decision regarding the complaint within 21 days of receiving the complaint in the same form (e-mail, ordinary mail, or personal delivery which will be replied by registered post with a return receipt). If it is necessary in order to gather information and verify the claims in the complaint, ISTRIA HOME may postpone the decision deadline for another 14 days, of which it is obligated to inform the guest making the complaint in written form. ISTRIA HOME will resolve only those complaints for which the guest provides evidence that they gave their written complaint to the service provider on the spot and that the cause could not be eliminated on the spot. Until ISTRIA HOME reaches a decision, the guest must refrain from mediation by any other person, judicial institution or giving information to the media.
10. ISTRIA HOME’s obligations
ISTRIA HOME agrees to, on their behalf, ie on the behalf of the person in charge of the keys or local agent, give the guest for the booked period a clean and tidy accommodation unit equipped according to its description. If the unit does not match the description on the reservation, ISTRIA HOME will do everything to ensure the removal of any deficiencies, ie to ensure replacement accommodation of equal value. In the event of this being impossible, not being achieved in a reasonable period, or if the guest refuses the suggested replacement accommodation, ISTRIA HOME will reimburse the guest any form of value reduction, as long as it has been undeniably established that ISTRIA HOME is responsible for it. If the guest experiences loss or damage due to ISTRIA HOME’s negligence, resulting in violation of the contract, ISTRIA HOME accepts full responsibility for the caused damage. ISTRIA HOME’s legal responsibility is limited to the amount of the accommodation’s price (during which everyone’s claims are paid together) and does not include personal damages such as material and financial losses. ISTRIA HOME will not be held responsible in the event of the losses or damages being attributed to the following causes:
– Actions or omissions made by the guest or their companions;
– Unpredictable or inevitable failures of third parties not included in providing the service listed in the booking;
– A higher force or events which could not be foreseen or avoided by ISTRIA HOME, the travel agent or the person in charge of the keys;
– Using swimming pools, children’s playgrounds, any sports’ facilities (eg. a tennis court or football field, fitness centres etc.). Use of these facilities is exclusively at the guest’s own risk;
– Damages and losses due to burglary.
The above listed causes equally apply outside the contractual obligations. ISTRIA HOME specifically rules out responsibility for the actions of the auxiliary staff.
11. Travel documents
When travelling to the Republic of Croatia, the guest must have a valid personal travel document (a passport or identification card, depending on the guest’s country of origin) not only for themselves, but for any other users of the accommodation. Furthermore, it is the guest’s duty to check whether visa is required to enter Croatia or any countries on their way, obtain one on time, as well as respect the customs and currency regulations of the Republic of Croatia and any countries on their way.
12. Personal data protection
The guest provides personal information (name and surname, address, telephone number and email address) on his/her own free will. Personal information is required for processing requested services. The same information shall be used for further inter-communication (eg. sending an informative offer, a binding offer/confirmation of the boking, payment details, notice about the received payment and notice about the traveling documents). ISTRIA HOME is under obligation that the personal information of the guest will not be taken out of the country or given to a third party except for the partners/providers of booked services. The personal information of the guest will be kept in a database in accordance with the Management’s decision on the method used for collecting, processing and securing personal information.
With the acceptance of these General Terms, the guest gives permission for his/her personal information to be used for promotional offers of the Agency. The guest can anytime request to be unsubscribed and to have his personal data deleted from ISTRIA HOME’s database by sending an “unsubscribe” Email to info@istria-home.com.
A complaint on the usage of the personal information for promotional purposes will not have any effect on booking or realisation of the requested services.
13. The jurisdiction of the court
The parties commit to seek to resolve any disputes by mutual agreement, and if this is not possible, in the event of a legal dispute the court in Pazin has jurisdiction and the law of the Republic of Croatia is applied.