I. Scope

1. These terms and conditions apply to holiday home accommodation contracts of HADA NEKRETNINE d.o.o. - Put Murvice 12D - 23000 Zadar - Croatia - hereinafter referred to as "HADA" as well as all other services and deliveries provided by HADA for the guest.

2. Deviating provisions, even if they are contained in the general terms and conditions of the guest or the customer, do not apply unless they are expressly recognized by HADA in writing.

II. Conclusion of contract, partner

1. Upon a booking request from the guest, a holiday home accommodation contract (hereinafter referred to as "contract") is concluded between HADA and the guest with the corresponding booking confirmation from HADA.

2. The contracting parties are HADA and the guest. If a third party makes the booking for the guest, they are jointly and severally liable to HADA as the customer together with the guest for all obligations arising from the contract, provided that HADA has received a corresponding declaration from the customer. Irrespective of this, each customer is obliged to forward all booking-relevant information, in particular these general terms and conditions, to the guest.

3. The subletting and further rental of the holiday home provided as well as its use for purposes other than accommodation require the prior consent of HADA in text form.

4. The guest undertakes to treat the holiday home, the furnishings and the facilities and areas belonging to the property with care at all times. Any damage caused must be reported to HADA immediately. Any intentional or suspected damage or vandalism will be reported immediately by HADA. The guest is personally liable for any damage.

5. The house rules of HADA NEKRETNINE d.o.o. are an integral part of the contract, and the guest undertakes to comply with them at all times.

6. The guest undertakes to strictly refrain from any intentional action or undertaking that could lead to injury or a dangerous situation for life and limb. In addition, the guest is obliged to use all devices, furnishings, equipment features, etc. only for their intended purpose.

7. The devices, furnishings and features provided by HADA to the guest are merely an offer; the use, use and handling of these is at your own risk. Parents are responsible for their children.

8. Children are only allowed to stay in the swimming pool, whirlpool, sauna and terrace areas under the supervision of an adult.

9. Items, devices or objects brought in by the guest and used in/on the booked property may only be used for their intended purpose, provided that no damage is caused to the booked property or its infrastructure or could be caused in the long term.

III. Services, prices, payment, offsetting

1. HADA is obliged to keep the holiday home booked by the guest and all associated facilities available in accordance with these general terms and conditions and to provide the agreed services.

2. The guest is obliged to pay the applicable or agreed prices of HADA for the provision of the rental property and the other services used by him. This also applies to services and expenses incurred by HADA towards third parties at the request of the guest or the customer. The agreed prices include the respective statutory sales tax. If the period between the conclusion of the contract and the guest's arrival exceeds four months and the statutory sales tax or any local taxes, duties, visitor's taxes increase after the contract is concluded or local taxes and duties are newly introduced, HADA reserves the right to increase the agreed prices by the amount by which the applicable sales tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties.

3. HADA can make its consent to a reduction in the length of stay requested by the guest after the contract has been concluded dependent on the price for the holiday home and for the other services provided by HADA increasing.

4. Invoices are due no later than 7 days after receipt with an advance payment of 30% of the contractually agreed price as security, and the full remaining amount is due no later than 7 working days before the booking period without deduction. HADA is also entitled to demand an increase or full payment as an advance payment from the guest upon conclusion of the contract.

5. If the advance payment required as security in accordance with Section III Paragraph 4 is not made even after the expiry of a grace period set by HADA, HADA is entitled to withdraw from the contract. In this case, HADA is entitled to a flat-rate compensation in accordance with Section IV Paragraph 1.b).

6. When booking, HADA will make a retention amount of EUR 2,000.00 on the credit card used by the guest. The amount withheld will be released no later than 3 working days after check-out, provided there is no reason for a complete or partial withholding.

7. The guest can only offset a claim against HADA with an undisputed or legally established claim.

IV. Withdrawal by the guest, cancellation

1. HADA grants the guest the right to withdraw at any time. The following provisions apply:

a) If the guest withdraws from the booking, HADA is entitled to reasonable compensation.

b) HADA has the option of claiming compensation from the guest in the form of a flat-rate compensation instead of a specifically calculated compensation. The flat-rate compensation for cancellation after a binding booking is:

• free of charge within 14 days of the binding booking provided that the start of the rental period is at least 8 weeks in the future
• less than 8 weeks and up to 30 days before the start of the rental period 30% of the contractually agreed price
• 29 to 14 days before the start of the rental period 50% of the contractually agreed price
• 13 to 7 days before the start of the rental period 70% of the contractually agreed price
• 6 to 3 days before the start of the rental period 90% of the contractually agreed price
• 2 days and the day of the start of the rental period (even if the guest does not show up at the start of the rental period) 100% of the contractually agreed price

2. HADA has given the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences. The timeliness of the declaration of withdrawal is decisive for its receipt by HADA. The guest must declare the withdrawal in text form.

V. Withdrawal by HADA

1. If the guest has been granted a right of withdrawal free of charge, HADA is also entitled to withdraw from the contract within the agreed period.

2. HADA is also entitled to withdraw from the contract, in particular if

• force majeure or other circumstances beyond HADA's control make the fulfillment of the contract impossible;
• the holiday home is booked with misleading or false information about essential facts, e.g. regarding the person of the guest or the purpose;
• HADA has reasonable grounds to believe that the use of the service could endanger the smooth running of the business, the security or the reputation of HADA and its properties in the public, without this being attributable to HADA's sphere of control or organization;
• there is unauthorized subletting or reletting in accordance with Section II Paragraph 3;
• a case of Section VI Paragraph 3 exists;
• HADA becomes aware of circumstances that the guest's financial situation has deteriorated significantly after the contract has been concluded, in particular if the guest does not settle HADA's outstanding claims or does not provide sufficient security and HADA's payment claims therefore appear to be at risk;
• the guest has filed an application for the opening of insolvency proceedings, provided a statement of assets or something similar, initiated an out-of-court debt settlement procedure or stopped making payments;
• insolvency proceedings have been opened against the guest's assets or the opening of such proceedings has been rejected due to insufficient assets.

3. HADA must inform the guest of the exercise of the right of withdrawal immediately in text form.

4. In the aforementioned cases of withdrawal, the guest has no claim to compensation.

VI. Arrival and departure

1. The guest only acquires the right to the provision of the holiday home specified in the booking, its furnishings and its facilities.

2. The booked holiday home is available to the guest from 3 p.m. on the agreed day of arrival. The guest has no right to earlier provision.

3. The booked holiday home must be used by the guest by 6 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, HADA has the right to rent the booked holiday home to someone else after 6 p.m. without the guest being able to derive any claims for compensation from this. In this case, HADA has the right to withdraw and to claim a flat-rate compensation in accordance with Section IV, Paragraph 1.b).

4. On the agreed day of departure, the holiday home, including all areas, facilities and parking spaces, must be completely vacated by 10 a.m. at the latest and made available to HADA. After that, HADA can charge the daily rate for the additional use of the holiday home up to 6 p.m., in addition to the damage caused, and 100% of the full valid accommodation price from 6 p.m. The guest is free to prove to HADA that he or she has suffered no damage or that the damage is significantly lower.

VII. HADA's liability

1. If there are any disruptions or defects in the services provided by HADA, HADA will endeavor to remedy the situation immediately upon notification by the guest. If the guest negligently fails to report a defect to HADA, there is no right to a reduction in the contractually agreed fee.

2. HADA does not enter into a storage contract with the guest and is therefore not liable for the items brought in by the guest. HADA's liability only applies if the items are handed over to HADA or persons authorized by it or are brought to a location specified by it or designated for this purpose and are documented.

3. In general, HADA is only liable in accordance with the legal provisions of the Republic of Croatia in the currently applicable version and up to a maximum of the liability insurance sum. Consequential damage or indirect damage as well as lost profits will not be compensated. In all cases, the guest bears the burden of proof of fault.

4. If a parking space in the garage or on a parking lot is made available to the guest, even for a fee, this does not constitute a storage contract. HADA has no duty to monitor the vehicle. HADA is not liable for the loss or damage of vehicles parked or maneuvered on HADA's property and their contents, unless HADA, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed from HADA no later than when leaving the property.

VIII. Final provisions

1. Changes or additions to the contract, the acceptance of the application or these general terms and conditions for the holiday home accommodation contracts should be made in writing. Unilateral changes or additions by the guest are invalid.

2. The place of performance and payment is the registered office of HADA.

3. If the contractual partner of HADA is a merchant or a legal entity under public law, the place of jurisdiction is the registered office of HADA in Zadar, Croatia. If the contractual partner of HADA does not have a general place of jurisdiction in the country, the place of jurisdiction is the registered office of HADA. However, HADA is entitled to bring lawsuits and other legal proceedings at the general place of jurisdiction of the guest. HADA is not willing and is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

4. The law of the Republic of Croatia applies, excluding the UN Convention on Contracts for the International Sale of Goods.

5. If individual provisions of these general terms and conditions are or become invalid or void, this does not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.