General terms and conditions of business
1. The offer
Benjamin Lercher, (hereinafter referred to as the Lessor), undertakes to rent out the accommodation in accordance with the information, description and travel dates in accordance with the booking confirmation received – except in the event of exceptional circumstances (war, unrest, strike, terrorist actions, epidemics, elementary natural disasters, intervention by the competent state authorities, death or illness of the service provider, etc.).
2. Booking
Accommodation bookings are made electronically through the Website. In the booking process, the guest is obliged to provide all necessary information that is important for the booking. When making the booking, the guest confirms that he is aware of the general terms and conditions and that he fully accepts them. In this way, everything that is stated in the general terms and conditions is a legal obligation for the guest as well as for the landlord.
With electronic booking via the website, a booking confirmation will be sent to the guest.
With the request to transfer the deposit.
A deposit of 30% of the total amount is required for booking, the remaining amount is to be transferred no later than 40 days before arrival at the rented facility. This information is also sent by email.
3. payment modalities:
Payment to the landlord’s bank account by bank transfer – All the necessary details for the transfer to the landlord’s bank account can be found on the booking confirmation.
4th prize
The accommodation price includes the basic services as described for the booked accommodation. The price includes: taxes, daily rent, bed linen, equipped kitchen with cutlery and crockery, water consumption, electricity/gas consumption, and final cleaning. Special services are those that are not included in the accommodation price (indicated in the accommodation description by the term “by arrangement”, “optional” or additional services that are realized on the basis of a prior order.
Accommodation prices are quoted in euros. The landlord reserves the right to change the published prices (in the event of a change in the accommodation prices by the service provider or in the event of exchange rate changes). The landlord guarantees the price of accommodation specified in the calculation for the deposit to the client who has already paid the deposit for a specific booking. If the price change takes place before the down payment is made, the landlord undertakes to inform the client of the price change.
If more people use the booked accommodation than stated in the reservation confirmation, the owner of the accommodation has the right to withdraw the accommodation from the unregistered guest.
5. Category and description of the service
The accommodation offered is described according to the official categorization of the competent tourist body and on the basis of a visit by our representative prior to publication. The standards of accommodation, food, services, etc. vary between locations and countries and are not comparable.
Guests can enter the accommodation after 4:00 p.m. (or later) on the day of arrival and leave the accommodation by 10:00 a.m. on the day of departure, or otherwise agreed. The key collection takes place in the same accommodation, with the owner or a representative
6. Change or termination right by the landlord
The landlord reserves the right to change a booking if extraordinary circumstances that were unforeseeable, unavoidable or unavoidable make this necessary (see point 1). A booked accommodation can only be replaced by another if the guest has been informed in advance, and only if this accommodation belongs to the same or a higher category. If alternative accommodation can only be offered in an object of a higher category and the price is 15% more expensive than the paid booking price, the landlord reserves the right, in consultation with the guest, to the client paying the difference in price.
If it is not possible to change the booked accommodation, the landlord reserves the right to cancel the booking, to inform the guest of the cancellation at least 7 days before the start of the accommodation use and to refund the entire amount already paid.
If an adequate replacement accommodation cannot be obtained on the day of accommodation, the lessor will endeavor to provide the guest with information about possible accommodation that is not part of the lessor’s offer. In any case, the guest will be reimbursed the entire amount paid for the booking
7. Guest’s right to change and cancel
If the guest wishes to cancel the booking he/she has made, this must be done in writing (by e-mail, post)
A change is understood to mean a change in the number of persons, the start or end date of the use of the service no later than 60 days before the start of the use of the service. The first booking change will be made free of charge, provided it does not incur any additional costs. For each further change to the booking (change in the number of persons, the date of arrival and/or departure, the accommodation or other services), a change fee of EUR 15 must be paid.
In the event that a change to the booking is not possible and the guest therefore cancels an already confirmed booking, the cancellation conditions listed below apply. A change of accommodation and any change made within 60 days prior to arrival or during the stay is considered cancellation.
In the event of termination, the date of receipt of the written notice of termination forms the basis for calculating the termination costs, according to the following gradation:
- for cancellation up to 29 days before arrival, the client pays 50% of the accommodation price (the deposit paid is retained).
- for cancellation between 28 and 15 days before arrival, the customer pays 60% of the accommodation price.
- for cancellation between 14 and 8 days before arrival, the client pays 80% of the total accommodation price.
- for cancellation made between 7 and 0 days before arrival, or in the event that the guest does not report to the resort or cancels the stay after its agreed start date, the guest will pay 100% of the total accommodation price.
If the guest does not arrive at the booked accommodation by midnight on the day of commencement of use without consulting the travel agency, the booking is deemed to have been cancelled. The costs of termination will be calculated as described above.
7. Lessor’s Obligations
The landlord has the obligation to take care of the provision of the agreed service and the selection of the service providers. In addition, the landlord must ensure that the rights and interests of the guest are realized in accordance with the usual customs in tourism. The Lessor will carry out all specified obligations in full and in the manner described, except in the case of exceptional circumstances.
The guest is obliged:
possess valid travel documents,
comply with the customs and foreign exchange regulations of the country in which the holiday destination is located,
· to observe the house rules applicable to the rented accommodation and to cooperate with the service providers in good faith,
· the guest is obliged to check whether a visa is required for entry into the country in which the holiday destination is located or into neighboring countries.
· in case of non-compliance with these obligations, the client bears the responsibility and is obliged to pay for the damage incurred.
· With the booking confirmation, the client undertakes to reimburse the service provider on the spot for the costs of eliminating the damage caused in the event that he causes any kind of damage.
9. Baggage
The lessor is not responsible for damaged, destroyed or lost luggage. This also applies to the theft of luggage or valuables from the accommodation.
10. Travel Insurance
The price quoted does not include travel insurance.
11. Complaints
If the services offered in the offer have not been provided correctly, the guest can demand compensation corresponding to the damage incurred by formulating his complaint in writing. Every guest has the right to complain if paid services have not been provided. Each guest or holder of a confirmed booking formulates their own complaint.
The complaint is to be made as follows:
- The guest is obliged to complain about a service that is insufficient to the provider of this service immediately on the day of arrival and to inform the landlord about it. The guest is obliged to cooperate constructively with the representative of the landlord and the service provider in eliminating the causes of his objection. If the client does not accept an offered solution for his complaint on site, which corresponds to the paid service, the lessor is not obliged to consider a subsequent complaint from the client.
- If the guest decides to leave the accommodation and finds another accommodation, and in this way does not give the landlord the opportunity to solve the problem, then the guest has no right to a complaint.
- If the problem cannot be solved even after the intervention of the landlord’s representative on site, the guest is obliged to submit a written complaint within 8 days after returning from vacation together with the landlord’s or representative’s confirmation of the situation and with any invoices concern the damage caused, to the travel agency by e-mail to info@villa-malis.de. The landlord undertakes to formulate a decision on this complaint in writing within 14 days of receipt of the complaint. As long as the landlord has not made a decision, the client waives mediation by another person and arbitrage at the UHPA (Association of Croatian Travel Agencies) or at court. He also undertakes not to pass on any information to the media.
- The highest possible compensation in the event of a complaint is the reimbursement of the agreed price for the service complained about. The compensation does not include services already used and not the agreed total amount. A right of the customer to compensation for ideal damage is hereby excluded.
12. Jurisdiction
If the guest is not satisfied with the decision of his complaint, he has the right to judicial clarification. In this case, the court in Pazin has jurisdiction.
13. annotation
By making the deposit for the booking of the accommodation or by paying the total amount, the guest fully accepts these General Terms and Conditions.