GENERAL TERMS AND CONDITIONS

General Terms and Conditions and WLAN Terms of Use

General Terms and Conditions

I. Scope of application

1. these terms and conditions apply to contracts for the rental of flats for accommodation, as well as all other services and deliveries provided to the customer by the flat house.

2. the subletting or re-letting of the flats provided and their use for purposes other than accommodation require the prior written consent of the flat house.

3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, contract partners; limitation period

1. the contract is concluded by the acceptance of the customer's application by the flat house. The flat house is free to confirm the room booking in writing.

2. the contractual partners are the flat house and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the flat house together with the customer as joint and several debtor for all obligations arising from the flat house accommodation contract, provided that the flat house has received a corresponding declaration from the third party.

3. all claims against the flat house shall generally become time-barred one year after the beginning of the regular limitation period depending on knowledge. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on a wilful or grossly negligent breach of duty by the Apartment House.

III Services, prices, payment, offsetting

1. the flat house is obliged to keep the flat booked by the customer ready and to provide the agreed services.

2. the customer is obliged to pay the applicable or agreed prices of the flat house for the provision and the other services used by him. This also applies to services and expenses of the flat house to third parties arranged by the customer.

3. the agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the flat house for such services increases, the apartment house may increase the contractually agreed price appropriately, but by no more than 5%. 4.

4. the prices may also be changed by the flat house if the customer subsequently requests changes to the number of rooms booked, the services of the flat house or the length of stay of the guests and the flat house agrees to this.

5. invoices of the flat house without a due date are payable within 10 days of receipt of the invoice without deduction. The flat house is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the Apartmenthaus is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The flat house reserves the right to prove higher damages.

6. the flat house is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

7. the customer may only offset or reduce a claim of the flat house with an undisputed or legally binding claim.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilisation of the flat house's services

1. cancellation by the customer of the contract concluded with the flat house requires the written consent of the flat house. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the flat house's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation. 

2. if a date for a cost-free cancellation of the contract has been agreed in writing between the flat house and the customer, the customer may cancel the contract up to that date without triggering payment or compensation claims by the flat house. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the flat house by the agreed date. 

3. in the case of flats not utilised by the customer, the flat house shall offset the income from renting the flats to other parties as well as the expenses saved.

4. the flat house is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation.

The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

V. Cancellation by the flat house

1. if the customer's right to withdraw free of charge within a certain period has been agreed in writing, the flat house is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the flat house. If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, the flat house is entitled to cancel the contract during this period if there are enquiries from other customers about the contractually booked flats and the customer does not waive his right of cancellation upon enquiry by the flat house.

2. if an agreed or requested advance payment is not made even after a reasonable grace period set by the flat house has expired, the flat house is also entitled to withdraw from the contract.

3. furthermore, the flat house is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if

force majeure or other circumstances for which the Apartment House is not responsible make fulfilment of the contract impossible;
flats are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose;
flat prices have been shown in the system in a verifiably incorrect or erroneous manner (e.g. spelling mistakes)
the Apartment House has reasonable grounds to believe that the use of the Apartment House's services may jeopardise the smooth running of the business, the security or the reputation of the Apartment House in public, without this being attributable to the Apartment House's sphere of control or organisation;
there is a breach of Clause I No. 2 above.
4. in the event of justified cancellation by the flat house, the customer shall have no claim to compensation.

VI Apartment provision, handover and return

1. the customer does not acquire any claim to the provision of specific flats.

2. booked flats shall be available to the customer from 4.00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.

3. on the agreed day of departure, the flats must be vacated and made available to the Apartment House by 11.00 a.m. at the latest. After this time, the Apartment House may charge 50% of the full accommodation price (list price) for the delayed vacating of the flat until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the flat house has no or a significantly lower claim to a usage fee.

VII Liability of the flat house

1. the flat house is liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Should disruptions or defects occur in the services of the flat house, the flat house will endeavour to remedy the situation as soon as it becomes aware of them or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.

2. if the customer is provided with a parking space in the apartment building garage or in an apartment building car park, even for a fee, this does not constitute a safekeeping agreement. The flat house is not liable for loss of or damage to motor vehicles parked or manoeuvred on the flat house property and their contents.

VIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these terms and conditions for flat house accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. place of fulfilment and payment is the registered office of the flat house.

3. the exclusive place of jurisdiction for commercial transactions is the registered office of the flat house. If a contractual partner has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the flat house.

4. croatian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5. should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

IX. Use of the outdoor area

1. use of the outdoor area, including the pool, platforms and stairs, is at your own risk. The landlord accepts no liability for accidents, injuries or damage resulting from the use of these facilities.

2. parents are liable for their children. Children may only use the pool and other facilities under the supervision of a responsible adult.

Safety rules

1. the pool may only be used during the specified opening hours. Jumping or diving into the pool is prohibited.

2. use the platforms and stairs with caution, especially when wet, to avoid slipping and falling.

WLAN terms of use

1 These terms of use govern your and our rights and obligations in connection with the use of our guest WLAN access.

2 Our services
(1) We provide you with access to the Internet in our business premises in the form of a WLAN access ("hotspot") for free use.
(2) The provision of the hotspot depends on our respective technical and operational capabilities. There is no entitlement to a functioning hotspot or a specific local coverage of the hotspot.
(3) Furthermore, we do not guarantee that the hotspot can be used without disruption or interruption. Nor can we guarantee transmission speeds.
(4) We reserve the right to change, restrict or discontinue access to the hotspot without prior notice in the event of necessary technical repair and maintenance work.
(5) There is no entitlement to use certain services via the hotspot. In particular, ports may be blocked. As a rule, surfing the Internet and sending and receiving e-mails is enabled.
3 Access and use
(1) We only offer our guest WLAN for visitors to our company. It is not a publicly accessible telecommunications service, but an internal WLAN for guests of our company.
(2) In order to use the hotspot, you must first register to use the hotspot and/or accept the validity of these terms of use at the start of using the hotspot. This can usually be done by selecting the hotspot as a WLAN network in the end device via a registration form or a welcome page that can then be called up.
(3) There is no entitlement to use the hotspot. We are free to restrict or cancel access to the hotspot at any time without giving reasons.
(4) The current version of these terms of use, which will be made available to you when you register for the hotspot, shall apply.
4 Access data
(1) If you have provided login data (e.g. user name, password, e-mail, etc.) in the course of registration, you must keep them secret and not make them accessible to unauthorised third parties.
(2) If you have received registration data, you must ensure that access to and use of the hotspot with your user data is carried out exclusively by you as the user. You must inform us immediately if there are any facts that justify the assumption that unauthorised third parties have obtained or will obtain knowledge of your access data.
(3) As a user, you are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

5 Your obligations as a user
(1) You are obliged to provide any information that you provide about yourself when using the service truthfully.
(2) You are obliged to comply with the applicable laws when using our hotspot.
(3) Further obligations arising from other provisions of these Terms of Use shall remain unaffected.
6 Prices
The service is provided free of charge.
7 Availability of the services
As our services are provided free of charge, you are not entitled to use the hotspot. However, we endeavour to ensure that the hotspot can be used as uninterruptedly as possible.
8 Prohibited actions
As a user, you are prohibited from any actions when using the hotspot that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:

the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
publishing or making available content that insults or defames other participants or third parties;
the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so;
making works protected by copyright available to the public or other acts in breach of copyright, in particular when using so-called "Internet file-sharing networks" or file-sharing services.
 

Furthermore, the following activities are also prohibited, irrespective of any violation of the law, when posting one's own content on the service provider's website and when communicating with other users (e.g. by sending personal messages, participating in discussion forums, etc.):

the transmission of above-average amounts of data and in particular the persistent transmission of such amounts of data;
hosting a web server or other servers by using a hotspot of the service provider;
changing the default DNS servers in the network settings of the service provider's hotspot;
the sending of junk or spam mails and chain letters;
spreading viruses, Trojans and other malicious files;
the distribution of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
requesting other users or third parties to disclose passwords or personal data for commercial or illegal or unlawful purposes.
 

Also prohibited is any action that is likely to impair the smooth operation of our hotspot, in particular to place a disproportionately high load on our systems.
9. blocking of access
We may temporarily or permanently block your access to the hotspot at any time if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law or if we have any other legitimate interest in blocking your access.
10. exemption from liability
(1) As a user, you are responsible for all actions you take in connection with the use of the Internet via our hotspot.
(2) You shall indemnify us against all claims asserted against us by third parties due to a breach by the user of statutory provisions, third-party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, warranties or guarantees, including the costs of the necessary legal defence (lawyer's fees and court costs at the statutory rate) upon first request.
(3) In the event of the assertion of claims within the meaning of Clause 10 (2), you are obliged to co-operate immediately and fully in the clarification of the facts and to make the necessary information available to us in a suitable manner.
11 Limitation of liability
(1) We shall be liable without limitation for all damage caused by us in the event of wilful intent or gross negligence.
(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health.
(3) Otherwise, we shall only be liable if we have breached a material contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
(4) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.
(5) Liability under the Product Liability Act remains unaffected.
12. data protection
(1) We shall ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator.
(2) In the event that declarations of consent under data protection law are obtained from you in connection with the use of our services, please note that you can revoke these at any time with effect for the future.
(3) In order to provide you with the services of the hotspot, it is necessary to use personal data from your end device. In this context, the MAC addresses of end devices may also be temporarily stored. Furthermore, we may store log data ("log files") on the type and scope of use of the services for 7 days. This data cannot be directly assigned to your person.
13. final provisions
(1) The law of the Croatian Republic shall apply, whereby the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

Immo AG d.o.o.
Ulica Drena 8
51521 Punat 
Hrvatska
OIB: 45 24 68 48 26 8