Adria Ferienwohnung

Adria Apartment Thuy

Terms & Conditions

 § 1. Applicability of the GTC

 (1) These General Terms and Conditions apply to contracts for the rental of holiday apartments and holiday homes in Croatia for  accommodation. The services provided by the landlord (Adria Ferienwohnung Thuy j.d.o.o.) are provided exclusively on the basis of these  General Terms and Conditions.

 (2)  The subletting or subletting of the holiday apartment / holiday home in Croatia as well as its use for purposes other than residential require  the prior written consent of the landlord.

 (3)  The guest's terms and conditions only apply if they have been agreed in advance. Deviations from these terms and conditions are only  effective if the Provider has expressly confirmed them in writing.

 § 2 - Rental agreement

 (1) The rental agreement is concluded when the landlord (Adria Ferienwohnung Thuy j.d.o.o.) confirms the guest's booking request by telephone  or in writing by post and/or e-mail and thus accepts the booking (acceptance of the application).

 (2)  The contracting parties are the landlord and the guest. If a third party has placed an order on behalf of the Guest, the Provider shall be jointly  and severally liable with the Guest for all obligations arising from this Agreement, provided that the Lessor has received a corresponding  declaration from the third party.

 (3)  The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking  request and the guest does not immediately object to this, the content of the booking confirmation shall be deemed to have been contractually  agreed.

 § 3 - Services, Prices, Payment, Offsetting

 (1) The provider is obliged to keep the holiday apartment booked by the guest ready and to provide the agreed services. The apartment  corresponds to the equipment standard of an average rental apartment. The provider only assumes a guarantee for expressly promised  equipment features, but not for the subjective quality of the equipment (e.g. ventilation).

 (2)  The guest is obliged to pay the prices of the provider applicable or agreed upon for the provision of the holiday apartment and the other  services used by him. This also applies to services and expenses incurred by the Provider to third parties initiated by the Guest.

 (3)  All prices include the respective statutory value added tax.

 (4)  The guest is obliged to provide truthful information about the number of people

 occupying the apartment. The apartment is available for a maximum of the number of people specified in the booking confirmation according to §  2 para. 1. Occupancy with an additional number of persons requires the prior written consent of the provider. In this case, the price for the rental  of the holiday apartment increases to the price generally charged by the provider in the event of appropriate occupancy.

 (5)  If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally  charged by the Provider for such services increases, the Provider may increase the contractually agreed price appropriately, but not more than  10%.

 (6)  Payment of the agreed price for the provision of the holiday apartment as well as for the other services agreed with the guest is due no later  than the day of arrival when the keys are handed over. At this time, it must be made in cash, unless the provider has expressly agreed to another  method of payment to the guest. Debit and credit cards can NOT be accepted as a means of payment on site.

 (7)  The provider reserves the right to demand an appropriate advance payment of 20% of the agreed price for the provision of the holiday  apartment as well as the other services agreed with the guest prior to arrival. If an advance payment is required with the booking confirmation in  accordance with § 2 para. 1, this is due on the 8th day after the transmission of the booking confirmation. If the Provider is unable to record  receipt of payment by the 8th day after the transmission of the booking confirmation, and if this is not made after the expiry of a reasonable grace  period set by the Provider with the threat of rejection, the Provider is entitled to withdraw from the contract; he must inform the guest of this in  writing. § 5 para. 3 shall then apply mutatis mutandis with the proviso that the 8th day after the transmission of the booking confirmation shall be  deemed to be the day of cancellation.

 (8)  The guest can only offset against a claim of the provider with an undisputed or legally binding claim.

 § 4 - General Rights and Obligations; House rules

 (1) The guest must treat the apartment and its inventory with care. The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00  a.m. the night silence applies. During this time, special consideration is required for the roommates and neighbors. TV and audio equipment  must be adjusted to room volume.

 (2)  For the duration of the rental of the apartment, the guest is obliged to keep windows and doors closed when leaving the apartment, as well  as to switch off lights and technical devices.

 (3)  The accommodation of pets of any kind is allowed in the apartment only with the prior written consent of the provider. For the  accommodation of animals, the provider may charge a reasonable surcharge. If animals are accommodated without the prior consent of the  provider, the provider may charge a cleaning fee of up to € 100.00 (net).

 (4)  There is a general smoking ban in the apartment. In the event of non-compliance, the provider may charge a cleaning fee of up to € 100.00  (net). Smoking is only allowed on balconies and terraces.

 (5)  Internet use is permitted after conclusion of an Internet user agreement with indication of the passport number, provided that this does not  violate the legal provisions. Criminal acts (in particular unlawful downloads, page views) will be reported and prosecuted. The guest is solely  liable for any unlawful use of the Internet.

 (6)  The insertion and/or attachment of materials for decoration or the like is not permitted in the apartment. The guest is solely liable for  decoration and/or the like and indemnifies the provider against claims by third parties. He is also obliged to compensate for damage caused by  the installation and/or installation of decorations or the like.

 (7)  The provider has a right of access to the holiday apartment at any time, especially in the event of imminent danger. The interests of the  guest, which are worthy of protection, must be given due consideration when exercising the right of access. The Provider shall inform the Guest  in advance of the exercise of the right of accessunless this is unreasonable or impossible for the Guest to do so in the circumstances of the          individual case.

 § 5 - Withdrawal from the contract (cancellation; Cancellation)

 (1) If it becomes necessary to terminate the lease for good cause, it is recommended to contact the landlord first. You can also designate a  suitable replacement tenant for the stay in the holiday home.

 (2) Should a termination nevertheless become necessary, the following will be deducted from the rental price:

 Percentages due:

 Cancellation no later than                                                     Amount of the accommodation price to be paid

 up to 60 days before arrival                                                      25%; the agreed deposit amount  

 59th - 40th day before arrival                                                   40% 

 39th to 30th day before arrival                                                 50%

 29th to 20th day before arrival                                                 60%

 19th to 16th day before  arrival                                                75%

 15th to 10th day before arrival                                                 85%

 If the rental contract is terminated later than 10 days before the start of the trip, 100% of the rental price is due.

 (3)  Cancellations must be made in writing to the Supplier, unless the Supplier agrees to a verbal cancellation. The day of cancellation is  considered to be the day on which the cancellation is received by the Provider.

 (4)  In the case of a holiday home that is not used by the guest, the provider must take into account the income from renting out the holiday home  to other parties as well as the expenses saved.

 (5)  If the guest does not show up on the day of arrival by 10.00 p.m. at the latest or no later than 60 minutes after a later time agreed in  accordance with § 7 para. 1, without having canceled, the contract is considered cancelled. Paragraph 3 shall apply mutatis mutandis. In  addition, the provider may charge the guest an administrative fee of € 100.00 (net).

 (6)  If the Guest's right of withdrawal has been agreed in writing within a certain period of time in accordance with paragraph 2, the Provider is  entitled to withdraw from the contract during this period if there are enquiries from other Guests about the contractually booked holiday apartment  and the Guest does not waive his right to withdraw from the contract upon inquiry by the Provider.

 (7)  Furthermore, the Provider is entitled to withdraw from the contract for objectively justified reasons or to terminate it extraordinarily if, for  example, a) force majeure or other circumstances for which the Provider is not responsible make the fulfilment of the contract impossible, b) the  holiday apartment under misleading or false information of essential facts, e.g. in the person of the guest or with regard to the purpose or with  regard to the occupancy or with regard to the accommodation of animals, c) the holiday home is used for purposes other than residential  purposes, d) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or  neighbours or the reputation of the provider in the public eye, without this being attributable to the provider's sphere of control or organisation.
(8) The Provider must inform the Guest immediately of the exercise of the right of

withdrawal or termination. In the cases referred to in paragraph 7 a), the Provider shall immediately reimburse any rent payments and/or advance payments already made. In the event of justified withdrawal or justified termination by the provider, the guest shall not be entitled to compensation. The guest must compensate the provider for all damages for which he is responsible due to a withdrawal or extraordinary termination in accordance with paragraph 7.

§ 6 - Liability; Prescription

(1) The Provider is liable for its obligations under the Contract. Liability is limited to intent and gross negligence on the part of the Provider, if and to the extent that the Provider's liability is not unconditionally unlimited in accordance with the statutory provisions. Should disruptions or deficiencies occur in the Provider's services, the Provider shall endeavour to remedy the disruption or defect upon knowledge or upon immediate complaint by the Guest. The guest is obliged to do what is reasonable for him to remedy the disturbance or defect and to keep possible damage to a minimum.

(2)  The Provider is not liable for any items brought in by the Guest; they are not considered to be brought in items within the meaning of §§ 701 et seq. of the German Civil Code. Liability on the part of the provider under these provisions is therefore expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves behind in the holiday apartment.

(3)  The guest is liable for all damages that he, his fellow travellers or his visitors have culpably caused to the house of the holiday apartment, in the apartment and/or to the inventory of the holiday apartment. Private liability insurance is recommended for the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that may also affect other apartments in the house (e.g. water damage, fire damage).

(4)  Claims of the guest expire after six months, unless the provider is liable due to intent. Claims of the Provider shall become statute-barred within the respective statutory period.

§ 7 - Arrival and departure, handover of keys; Delayed eviction

(1) The apartment is available regularly from 2.00 p.m. on the day of arrival. Arrivals must be made by 10:00 p.m., unless a later arrival time is expressly agreed with the provider in advance. Arrivals before 2:00 p.m. can also only be made if this has been expressly agreed with the provider in advance.

(2)  The guest is obliged to present his valid identity card or passport to the provider upon arrival.

(3)  The provider may require the payment of a deposit of € 100.00 upon arrival. The provider will refund this deposit if the apartment is vacated in time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and provided that the apartment does not have any damage for which the guest is responsible. In the event of further damage to the holiday apartment and/or the inventory, the guest shall pay the amount of money required for the compensation in cash on site (§ 249 para. 2 BGB).

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Adria Apartment Thuy

(4)  On the day of departure, the guest must vacate the apartment by 10.00 a.m. at the latest. In the event of late vacancy of the apartment, the provider is entitled to an additional payment from the guest. This amounts to a) € 50.00 (net) for an eviction after 10.00 a.m. but before 12.00 p.m.; b) 100 % of the agreed overnight price/night for an eviction after 12.00 p.m. In addition, the Provider is entitled to compensation for all further damages incurred by the Provider as a result of a delayed eviction.

(5)  The eviction pursuant to paragraph 4 shall not be deemed to have been effected until all keys have been handed over to the provider or his representative.

(6)  In the event of the loss of one or more keys, the Guest shall pay compensation to the Provider for their replacement and, if necessary, for the installation of new locks.

§ 8 - Data protection

(1) The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the execution of the contract.

§ 9 - Final Provisions

(1) Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the guest are ineffective.

(2)  The place of fulfilment and payment is Vir/Croatia. The place of jurisdiction for tenancy law is Zadar. The general place of jurisdiction is Croatia.

(3)  The law of Croatia shall apply exclusively to the contract.

(4)  These General Terms and Conditions are intended for the personal use of the guest

only. Commercial use by third parties is expressly prohibited.

(5)  Should any of the above provisions be or become invalid or void, this shall not affect

the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions apply.

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