General Terms & Conditions
hereinafter T&C


Terms

Portal – is an instantly bookable website where Suppliers can onboard their Properties for the purpose of a short-term rental by the Guests

Croatia Tours – Croatia Tours Makarska d.o.o., is a company that holds all granted intellectual property rights on the Portal with a principal place of business in Croatia, Makarska, Obala Kralja Tomislava 2, PID: 39782409737

Booking – is a short-term tourist rental reservation of an accommodation managed by Guests online, by accessing the Portal

Visitor – is a physical person accessing the Portal

Guest – is a person creating and managing the Booking

Property – is an accommodation onboarded into the Portal for the purpose of a short-term tourist rental

Provider – is a physical person or a legal entity legally authorised to manage Property for the purpose of offering the Property for a short-term tourist rental with whom Guest enters into a legally binding agreement for a short-term tourist rental


Conditions

1. Purpose
Purpose of the Portal is for the Providers to onboard and advertise their Properties for short-term tourist rental.
Visitors can Book a Property digitally instantly, by accessing the Portal, without contacting Providers.

2. Croatia Tours
Croatia Tours s a legal entity that holds legitimate rights of economic exploitation of the Portal.
In no case, Croatia Tours is a part of a legal relationship between the Guest and the Provider, except expressly specified hereinafter.

3. Provider
Provider is a physical person or a legal entity that is a legitimate holder of rights to offer Properties for a short-term tourist rental.
The right is granted based on ownership, agreement with a property owner, or applicable laws.
Upon Booking creation, Provider is the person who enters into a legal agreement with the Guest.
At all times Provider must comply with applicable laws regarding the short-term rental, obtain and maintain any and all permits required by law.

Provider is solely responsible to the Guest for any and all damages, loss or life and health.
Provider is solely responsible to give a precise and accurate description of the Property, to provide adequate photographs, information of amenities and other features required by Croatia Tours.
It is sole Provider obligation to obtain and maintain all permits to use photographs and texts created by third parties concerning the Property.

4. Property
Property is an accommodation with applicable permits for the purpose of short-term rental.
For the purpose of clarification, bookable Properties are villas, holiday homes, rooms, apartments, hotels, hostels, etc.
All onboarded properties must have all permits required by applicable laws.

5. Content
Any and all content on Portal is onboarded by Providers.
In no case Croatia Tours can be held liable for any content set in the Portal, for example, property description, photographs, amenities, prices, availability, guest information etc.
It is sole responsibility and liability of the persons who enter any kind of content into the Portal.

6. Guest
Guest is a physical person that visits the Portal with the intention to Book the Property.
Guest must be minimum 18 years old, and to provide accurate information to the Provider.
He is solely responsible to the Provider for any and all damages occurred while staying at the Property.

7. Payments
Any and all payments are to be made by the Guest to Croatia Tours as per applicable payment, modification and cancellation policy, unless otherwise specified in a Booking.
Payments are not refundable with exception of an overbooking.
Payments are not refundable in a case of an overbooking if the Provider or Croatia Tours found an appropriate accommodation to the Guest.
Croatia Tours shall process payments to Providers as per agreement, payment and cancellation policy.

8. Overbooking
Overbooking is a situation where the Property has two or more Bookings on same time periods.
In a case of an Overbooking, Provider is obligated to proceed with the Booking of the Guest rented the Property via Portal.
In case that the Provider cannot accommodate the Guest, he is obligated to provide a Property same or better quality than firstly Booked.
In the case that Provider cannot provide such a property, Croatia Tours can mediate to find an appropriate accommodation.
In any case, Provider is solely responsible to pay any extra booking amount to the alternative Property.

9. Disclamer
The warranties specifically provided in these T&C are exclusive and in lieu of all other warranties.
Except as otherwise specifically provided in these T&C, Portal is provided on “as is” basis, without warranty of any kind.
Except as otherwise specifically provided in these T&C, Croatia Tours disclaims, and Visitors, Guests and Providers release and waive, all warranties of any kind, whether express or implied and whether arising under statute or otherwise in law or from a course of dealing, course of performance or usage, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Portal may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

Croatia Tours is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Croatia Tours makes no representation that the Portal, any content on it, or any materials on his official websites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

10. Privacy Policy
Applicable Privacy Policy maintained and occasionally modified, for accessing the Portal can be found on the link. https://www.croatiatours-villas.com/en/information/privacy.

11. Updates
Croatia Tours may in its own discretion update and modify Portal without any prior written or oral consent by Visitors, Guests, Providers or third parties.
Each update and / or modification will be deemed to be part of the Portal and shall be governed by these T&C.

12. Reverse engineering
Visitors, Guests, Providers or third parties are not permitted to (a) modify, adapt, alter, translate, or create derivative works from the Product; (b) sublicense, lease, rent, loan, or otherwise permit a third party to use the Product; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Portal; (d) otherwise use the Portal except as expressly allowed in these T&C.

13. Additional restrictions
Unless expressly and specifically permitted to do so under these T&C, and then only in the exact manner specified, Visitors, Guests, Providers may not (a) permit third parties to use the Product; (b) remove or alter any trademark, service mark, logo, copyright, or other proprietary notices in or on the Portal; (c) place on any portion of the Portal materials that are illegal, obscene, dangerous or libellous, or that violate, infringe or misappropriate any copyright, trademark, patent, trade secret, or other statutory or common law intellectual property right.

Visitors, Guests, Providers or third parties agree not to use the Portal, or any information obtained through the Portal, for any unlawful or unauthorized purpose.
Visitors, Guests, Providers or third parties agree that Croatia Tours has no obligation to retain any content, data or material after the expiration or termination of any legal relationship between Parties and that such content, data or material may be irretrievably deleted after such expiration or termination.

14. Tax
Croatia Tours shall collect any and all taxes if required by applicable laws.

15. Use
Visitors, Guests, Providers and third parties agree not to use the Portal for “spamming,” as determined by Croatia Tours in its reasonable discretion; to keep secure any identification, password and other confidential information relating to all Portal usage and shall notify Croatia Tours immediately of any known or suspected unauthorized use of the Portal or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; not to use the Portal for any unlawful purpose; not to engage in any other conduct that restricts or inhibits any other person from using or enjoying the Portal, or which, in the judgment of Croatia Tours, exposes it, or any of its customers or suppliers to any liability or detriment of any type; be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Portal, and shall be responsible for all charges related thereto.
While using the Portal, the Visitors, Guests and Providers must comply with all local laws.

Certain advertising information may be displayed through the Portal at Croatia Tours sole discretion, which fact shall not entitle Visitors, Guests, Providers or third parties for any advertising fees or revenues unless otherwise explicitly agreed to in writing by Croatia Tours.

16. Support
Croatia Tours agree to provide necessary support for the Portal to be used with industry standard.
Croatia Tours shall provide support at working hours between 8:00 AM and 4:00 PM Zagreb time on working days, excluding bank, national and catholic religion holidays.
The support shall be provided mainly via email or the appropriate software console through the Portal.
For the purpose of quality control, the Croatia Tours is authorised without any additional written or oral consent record and monitor all telephone and all other electronic conversations between its support team and Visitors, Guests and Providers.

17. Security Information
All persons accessing the Portal must use best efforts to keep safe all sensitive security information for the purpose of Portal usage e.g. email used, account name, password, etc.

Croatia Tours must be notified immediately of any loss or misuse of such information.

18. Limitation of liability
In no event shall Croatia Tours or any of its affiliated or related parties be liable for any indirect, incidental, punitive, exemplary, incidental, special or consequential damages, or for any loss of data, revenue, profits, use or other economic advantage arising out of, or in any way connected with the Portal, these T&C or the parties’ activities hereunder, whether based on warranty, contract, tort, negligence, or any other legal or equitable theory, and even if Croatia Tours is advised of the possibility of such damages.

19. Confidentiality
Parties agree not to use any information disclosed to it by the other Party for its own use or for any purpose other than to carry out obligations within these T&C.
Neither Party will disclose any disclosed information of the other Party to third parties, unless they are required to have the information in order to carry out the obligations within relationship set herein or have written approval of disclosing party.
Each Party agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of received information of the other Party in order to prevent it from falling into the public domain or the possession of persons other than those authorised persons.
Such measures shall include the highest degree of care that the receiving party utilizes to protect its own information of a similar nature.
Each Party agrees to notify the other in writing of any misuse or misappropriation of received information.
The right to use the Portal is limited only to the Visitor, Guest and Provider, who may not in any way or case transfer by assignment, sublicense, or any other method the service or the right to access or use the Portal to any third party.

20. Assignment
Visitors, Guests, Providers agree that they cannot transfer any rights and obligations set herein without obtaining the prior Croatia Tours written consent.
Visitors, Guests, Providers agree that Croatia Tours may assign its rights and/or delegate its obligations under these T&C or any applicable agreements to any third party, including its Affiliate, in Croatia Tours sole discretion and without notice.

21. Representation
Visitors, Guests, Providers hereby represent to Croatia Tours that they are at least 18 years old and are authorized to agree to and enter into these T&C, and any other agreement with the Croatia Tours and among themselves.
In case that they are a legal entity, the authorised person of that entity has the only right to enter into a binding legal relationship, which fact the authorised person must prove with official documentation.
Furthermore, they also represent that they are entering into these T&C and any other agreement on their own behalf, arbitrarily, and is not relying on any representation, guarantee or statement other than as expressly set forth herein.
At any time upon request by Croatia Tours, Visitor, Guest and Provider agree to sign a non-electronic version of these T&C and any other agreements or statements reasonably necessary for Croatia Tours to provide uninterrupted usage of the Portal or if required by competent government bodies.

22. Governing law
The legal relationship regulated with these T&C is governed solely by the laws of Croatia and is binding to the Parties worldwide, without prejudice of law conflicts.
Parties agree to try and resolve any conflicts peacefully among themselves.
If they cannot come to an agreement, they agree and submit to the exclusive jurisdiction of the competent court at Croatia Tours place of business.
Any legal proceedings shall be conducted in Croatian.

23. Force majeure
Neither Party will be deemed in breach of these T&C to the extent that performance of its obligations is delayed or prevented by reasons of force majeure, such as riots, acts of terrorism, fire, flood, earthquake, acts of government and the like, provided that such party gives the other party written notice thereof promptly and uses its best efforts to continue to perform its obligations.

24. Severability
If any provision of these T&C is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall continue in full force and effect, notwithstanding such stricken provision.

25. Term & Termination
These T&C along with modifications apply the entire time of accessing the Portal.
Regardless of aforementioned, provisions regarding confidential information, GDPR, payments along with other provisions which by their legal nature must stay permanent, remain in place.

26. Modifications
Croatia Tours reserve the right to modify these T&C in its own discretion without prior notice, at any time and from time to time.

Any such modification is effective upon the posting of same on its official website.
Croatia Tours also may notify of any modifications by email or other correspondence to designated contact address.
The most current version of these T&C supersedes all previous versions.

27. Final provisions
These T&C, along with all applicable online order forms and Pricelist, comprise the entire agreement between the Parties and supersede all prior and current negotiations, discussions, or agreements, whether in written or oral form between the Parties regarding the subject matter herein.
Croatia Tours is authorised in his own discretion to make modifications to Pricelist and all forms without prior consent of the Visitor, Guest or Provider.
These T&C are originally made in English language, and all translations must mirror the original language.
In a case that translations depart from the original, the English version prevail.
Effective date of made modifications is the date of posting on the official Croatia Tours website.


Last update on 10 December 2021

Croatia Tours Makarska d.o.o.
Obala Kralja Tomislava br. 2
Makarska
Tomislav Mihaljević, CEO