UPON RECEIPT OF YOUR DEPOSIT PAYMENT, IT IS DEEMED THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT OUTLINED BELOW.
1.1 In this Agreement any reference to the masculine includes the feminine.
1.2 This Agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the [Housing Act 1988 Schedule 1 paragraph 9 and the Tenant acknowledges that this Agreement shall not confer on the Tenant any security of tenure within the terms of that Act.
1.3 Where the Tenant comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.
2.1 Deposit. The deposit is required to secure and confirm the booking period and is non-refundable. The deposit is 50% of the total price. Any bank charges/fees are the responsibility of the guest. The guest must ensure that the total amount that we receive is the correct amount quoted in UK pounds as per the invoice without any deductions.
2.2 Balance. The remaining 50% of payment is required eight weeks prior to the Guests’ arrival date and is non-refundable. This must be paid via bank transfer. Any bank charges/fees are the responsibility of the guest. The guest must ensure that the balance that is received via bank transfer is the correct amount quoted in UK pounds as per the invoice. If the balance is not received on time (reminders will be sent) then the owner has the right to cancel the booking and the guest will forfeit their deposit. The guest will also need to pay for Croatian tourist tax on arrival as required by the government. This fee is 1 euro per day per adult and 0.5 euro per day per child.
2.3 Late Bookings. Where the booking is made less than eight weeks in advance to the check-in date the full booking fee is payable immediately in order to confirm your booking.
2.4 Rent Payment. Rental payment is quoted weekly. This rental payment includes rental of the property (fully furnished), cleaning of the property before and after the rental period, bed linen, bathroom towels, kitchen utensils, outdoor table,chairs and parasol, large brick charcoal barbecue, electricity, water, air-conditioning and heating, DVD Player, DVD collection, books, games, use of a travel cot, use of a baby bath, use of a flat screen TV’s, satellite, hifi, childrens toys.
The rental fee does not cover the cost of Croatian tourist tax. Adults are charged 1 Euro per day, Children are charged 0.5 Euros per day. Children under 12 are free. This will need to be paid in cash to our management company on arrival in Croatia. They will ensure that all guests are registered with the tax authorities.
3 The Security Deposit
3.1 The Tenant must pay a Security Deposit of £100 or €100 to the management company agent on arrival at the property, this will be held until the end of the Term as security towards the Tenant’s liability for any major damage. This must be paid in cash to our management company in Croatia when checking in to the property.
3.2 The security deposit shall be refunded to the Tenant at the end of the Term (without interest) after property inspection at check out under deduction of such sums that may be due to the Landlord from the Tenant as a result of any breach of the Tenant’s obligations. In the case of damage, the Management Company will establish the cost for the damage based on its documented costs to reinstate the property to its original state. For the avoidance of doubt, damages arising from the regular use of the property, including normal wear and tear, will not constitute damage for the purposes of this clause. In instances where the deposit does not cover the damage, the Guest will as per the established damage, pay the difference.
4.1 At all times throughout the Term the Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord’s fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
4.2 The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Landlord for the Property and the Landlord’s fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
4.3 It is the responsibility of the tenants to arrange their own holiday insurance to cover for any injuries or medical assistance required while on vacation and also to cover for unplanned cancellation of the holiday. This insurance will allow the tenant to recover their losses. We highly recommend that all tenants ensure they have arranged their own insurance.
5 Quiet Possession
5.1 The Landlord agrees not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Property.
6.1 The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.
7 Use of Property
7.1 The Tenant shall use the Property for the purpose of a private holiday residence
for a maximum of ‘agreed’ persons only and not for any other purpose whatsoever
and the Tenant must not use the Property or any part of it for any improper,
immoral or illegal purposes.
8.1 The Tenant must not display notices or advertisements in the windows or elsewhere on the Property.
9.1 The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours. Noise must be kept to a minimum. Music, radio, and other noise must not be at a level that can be heard outside the ‘property’. If the Owner deems the behaviour of your group to be inappropriate, dangerous or offensive then the Owner reserves the right to terminate the booking with immediate effect and request your immediate removal from the property without refund or compensation.
10.1 The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.
11 Alterations to Property
11.1 The Tenant shall not (nor allow others to) make any alterations or additions to the
Property or its decorations, fixtures or fittings and the Tenant shall not (nor allow
others to) remove any of the items specified in the inventory or any of the
Landlord’s possessions, from the Property.
12.1 The Tenant shall keep any fixtures, fittings and effects of the Landlord in good repair and condition and must replace any damaged fixtures, fittings and effects with similar articles of at least equal value, reasonable wear and tear and damage by accidental fire excepted.
12.2 The Tenant must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
12.3 The Tenant must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.
13.1 The Landlord must pay all the water and sewerage charges and any rates or taxes levied in respect of the Property.
14.1 The Tenant shall not keep or allow pets of any kind at the Property. If you do not inform the Owner of the existence of any pets, the Owner reserves the absolute right to request either the pet is placed in kennels in Croatia for the duration of the rental period, or your immediate removal from the property without refund or compensation.
15 Reporting Disrepair
15.1 The Tenant must report to the Landlord any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances.
16 Rights of Access
16.1 The Tenant must allow the Landlord, his agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Landlord’s repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant’s breach of any covenant contained in this Agreement regarding repair, maintenance or decoration.
17 End of the Term
17.1 The Tenant must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted. Check out time is between 7am and 10am.
18 Safety Regulations
18.1 The Landlord confirms that all furniture and furnishings comply with the relevant fire safety regulations.
18.2 The Landlord shall ensure that all appliances, flues and installation pipe work in the Property are checked by Dalmation Property Management company.
18.3 The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger.
19 Public Indemnity and public Liability
19.1 Owner and/or the Property Management Company do not accept any responsibility or liability for acts of omission of third parties, which may prevent or disrupt a Customers booking. The booking contract exists between the Owner and the Customer and is limited to the rental of the Property and associated facilities only.
The information and descriptions supplied are believed to be accurate and are offered in good faith. It may be possible that certain facilities or features may not be available on occasions due to circumstances beyond the Owners control for which the Owner and/or the Property Management Company accepts no liability. In addition, no liability can be accepted by the Owner and/or Property Management Company for any injury, loss or damage to the Customer, any member of the Customers party or any visitor to the Property arising out of or in connection with the use of the Property or Facilities. The Customer must ensure that all children
are supervised at all times whilst on the roof terrace and stone staircase in the property.
20 Force Majeure
The landlord will not be liable or accountable for any unforeseen situations or unforeseen circumstances. This may be such situations as freak weather conditions, local or national strikes, Croatia government disputes etc or anything out of the ordinary.
Cancellation by Guest – If the tenant cancels more than 6 weeks before the departure date then the 50% deposit will be forfeited. If the tenant cancels within 30 days of the arrival date then all rental payments are forfeited. Your security deposit will be refunded for any cancellation. Cancellation by Owner – In the event that the Owner makes a change to the booking or cancels the booking then the Owner will inform the Guest at the earliest opportunity and where possible offer the Guest one of the following options: a) to accept the change b) cancel the booking and receive a full refund of the rental fee.
22 Tourist Tax
The rental cost does not include Croatia tourist tax. This is compulsory when visiting Croatia. Adults are charged 1 Euro per day, Children are charged 0.5 Euros per day. Children under 12 are free. This will need to be paid in cash to our management company on arrival in Croatia. They will ensure that all guests are registered with the tax authorities.
The members of the group shall not smoke inside any part of the building whatsoever. The members shall only smoke outside in the street. Cigarette butts should be disposed of cleanly and safely without littering.
In the unlikely event that you have a complaint or experience a problem then you must report the complaint in writing immediately to the Owner. If appropriate, you must take all reasonable steps to minimise the consequences of the problem. If the problem was not resolved to your satisfaction during your holiday you should put your complaint in writing with supporting evidence to the Owner within 14 days of your departure date from the property. Failure by you to give the Owner opportunity to resolve the problem during the rental period in accordance with this clause will be deemed a waiver or your rights to compensation.
It is the sole responsibility of parents or other adults staying at the property to supervise all guests under eighteen years of age at all times within the boundaries of the property including the roof terrace and outdoor areas. The Owner shall not be held liable for any injury, accident, or any other event occurring within the boundaries of the property.
26 Late or Early Departure/Arrival or Sunday Arrival/Departure
There are additional fees if a guest wishes to check in or checkout outside the normal hours. There are also fees for Sunday checking in or checking out. These are charged by the management company in Croatia.
Guest parties checking in between 20:00 – 21:00 will be subject to a €20 Euro charge on arrival
Guest parties checking in between 21:00 – 23:00 will be subject to a €35 Euro charge on arrival
Check in on a Sunday is only available if booked 2 weeks in advance and check in time is pre-agreed
Guest parties checking in on a Sunday will be subject to a €25 Euro charge on arrival
Sunday Checkout or Early Checkout:
Guest parties checking out on a Sunday will be subject to a €25 Euro charge, payment on arrival
Early Checkout: Checkout arrangements are made at check in if early checkout required
Guest parties checking out before 07:00 will be subject to a €25 Euro charge, payment of this to be made on arrival. Please ensure you advise us if you need an early checkout.
These conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of the United Kingdom.
27 The parties irrevocably agree that the courts of England and Wales have jurisdiction to settle any dispute or claim that arises out of or in connection with these conditions.
28 This contract must be signed by a member of your group who is over 18 years old.
29 The Guest undersigning agrees to these terms and conditions individually and on behalf of all other Guests in his/her group. By signing and agreeing to these terms and conditions, the undersigned Guest confirms that his/her group has been made aware of the here mentioned terms and conditions and are bound by them.