GENERAL TERMS AND CONDITIONS OF MITT VILLAS INVEST D.O.O.
GENERAL
MITT VILLAS INVEST D.O.O. is the owner of holiday villas in Croatia (hereinafter referred to as MITT VILLAS INVEST D.O.O.) owned by German shareholders, which specialises in the rental of private villas with swimming pools. The villas offered by MITT VILLAS INVEST D.O.O. have been issued all relevant licenses issued by local state authorities.
INTRODUCTION
The rental agreement that you enter into with MITT VILLAS INVEST D.O.O. is made between you as the tenant (hereinafter referred to as the guest), and the owner of the villa, i.e. the holiday home (hereinafter referred to as the villa) as the landlord (hereinafter referred to as the landlord). By paying the deposit for the booking of the selected villa for the desired dates, you unconditionally agree to these Terms and Conditions.
After the landlord receives the booking deposit, a written booking confirmation (hereinafter referred to as the confirmation) will be sent to the guest, which will include the exact location of the villa and all necessary contact details. The written booking confirmation, together with these General Terms and Conditions, forms the rental agreement between the guest as tenant and the owner as landlord. On the day of booking, the guest must be at least 21 years old.
1. ARRIVAL AND DEPARTURE
The earliest check-in time is 4pm on the day of arrival. The latest check-out time is 10am on the day of departure. Earlier arrivals and later departures cannot be accommodated.
1.1. Registration of guests
According to Croatian law, for tourist registration purposes at the National Tourist Board (HTZ), the guest is obliged to provide the landlord/host of the villa with official identification documents showing personal data . This data will not be used or shared for any other purpose. Any guest who does not provide personal identification required by law for tourist registration purposes may be denied access to the villa without any refunds or reimbursements made.
2. VILLA
2.1. Number of Guests
At no given time may there be more people on the estate of the villa than indicated on the booking confirmation. The number of guests can be increased up to the maximum capacity indicated on the villa's website (i.e. a maximum of 14 people for Villa Medici) if announced no later than 3 (three) days prior to arrival. The desired change to the guest count must be requested in writing by email. The maximum number of guests includes children older than 3 years. The landlord provides 2 baby travel cots, so up to 2 babies may stay at the villa without being included in the guest count. If there are at any time more guests present in the villa or at the associated property than registered, the owner reserves the right to terminate the rental agreement without notice and with immediate effect. Should this situation occur, all guests will be required to leave the villa within 2 (two) hours. No refunds for any unused portions of the rental period will be made.
2.2. Younger guest groups
If guests are 25 years old or younger, they are considered a younger group of guests. Special conditions may apply to such groups, depending on the regulations of the villa in question. The landlord must be informed of the age of the group if it meets the younger guest group criteria, in advance of or immediately after the reservation is made.
Failure to comply with this requirement may result in an immediate cancellation of the booking, in which case guests will not be entitled to a refund of the rental fee paid.
2.3. Tents and caravans
No tents, caravans, etc. may be placed in or near the villa. If this prohibition is violated, the landlord is authorised to terminate the rental agreement without notice and with immediate effect. All guests will be required to leave the villa permanently within 2 (two) hours and will not be entitled to a refund of the rental amount paid to the landlord.
2.4. Pets and allergies
Pets are not allowed on the property or in the villa.
However, the landlord cannot guarantee that pets have not previously been accommodated in the villa. The landlord assumes no liability for any allergic reactions any guest may suffer in the holiday home used.
In the event that the guest or anyone in his party brings an unannounced pet, the landlord reserves the right to terminate the rental agreement without notice and with immediate effect. As a result, the guest and his party will be required to leave the villa within 2 (two) hours and will not be entitled to a refund of any rent paid.
2.5. Newly Built Villas
When booking newly built villas, the guest is hereby notified and agrees that the lawn, plants, flowers and the like may not yet be fully grown, blooming, or otherwise arranged.
2.6. Noise
If a noise disturbance of public peace and order occurs and does not cease following a warning issued by the host or landlord of the villa, it will be regarded as a serious violation of the terms of the rental agreement. In this event the landlord reserves the right to terminate the rental agreement without notice and with immediate effect. As a result, the guest and his entire party will be required to leave the villa within 2 (two) hours and will not be entitled to a refund of any rent paid.
2.7. Swimming Pools
For their own safety, the guest agrees to follow any instructions given by the landlord regarding the use of the swimming pool. The guest is responsible in all respects and assumes all risk and liability for the use of the swimming pool by any of his party. Children are only permitted in the swimming pool area under adult supervision. The guest uses the swimming pool at his own risk. If the villa is booked for a stay between October 1 and March 31, use of the swimming pool may not be available. As per consultation with the landlord, and at the landlord’s discretion, use of the swimming pool with pool heating may be agreed upon. Pool heating will incur an additional fee.. No exact water temperature can be guaranteed. Please take into account that the use of hydromassage tubs and pools entails health risks - the use of these features is at your own risk. Water in hydromassage tubs may not be heated until the evening on the guest’s day of arrival. Climbing on covers of hydromassage pools/tubs is prohibited; the covers only serve as insulation and their load-bearing capacity is not designed for human body weight, so they can tear easily. If a cover is torn, the guest will be required to compensate the owner for the damage.
2.8. House Rules
Each villa has its own house rules, which are posted in a visible place in the villa. Guests are obliged to abide by these house rules. If guests do not follow the house rules, this may constitute a serious violation of the terms of the rental agreement. In this event, the landlord reserves the right to terminate the rental agreement without notice and with immediate effect. As a result, the guest and his entire party, will be required to leave the villa within 2 (two) hours and will not be entitled to a refund of any rent paid.
2.9. Electric vehicle charging
Charging of electric vehicles is only permitted if the villa is equipped with an appropriate charging station, as charging via a regular socket can cause overheating, damage to electrical installations and possibly a fire. For holiday homes where energy consumption is included in the rental price, the guest will be charged a fee for the use of the charging station; see the symbols in the house description on our website.
3. PRICES AND PAYMENTS
Unless otherwise stated, all prices are quoted in Euros per villa per week. Payment is made in Eurocurrency.
The booking is binding. During the booking process, a deposit of 30% of the agreed upon rental price must be paid. This confirms the booking, and constitutes agreement to the contract and acceptance of these General Terms and Conditions, which are an integral part of the rental contract. Once the booking process has been completed and payment of the deposit has been made, the landlord will send a written booking confirmation by email, containing all necessary information about the villa, which, together with these General Terms and Conditions, will form the rental agreement for the villa entered into between the guest and the landlord. The rental agreement is considered to be effective as soon as the landlord receives the deposit paid. If the payment is not made within 3 (three) days from the date of booking, the rental agreement is considered terminated.
The costs for water, gas and electricity consumption, internet access, bed linen, kitchen towels, final cleaning of the interior, maintenance of the pool and exterior, registration and local tax as well as VAT are included in the rental price.
The following payment methods are accepted for payment of the deposit: PayPal and bank transfer. When paying via PayPal from an account within the EEA, the applicable PayPal fees of 2.99 % (as of February 2024) are to be borne by the paying party. To that extent, the amount to be paid is increased by that fee. For payments from an account outside the EEA, additional payment processing fees will be incurred by the paying party. Prior to payment, the guest must inform the landlord of their preferred payment method and enquire as to the applicable processing fee. All payments are to be made in Euros (EUR). Accordingly, fluctuations in price due to fluctuation in exchange rates may occur. The landlord cannot be held responsible for resulting price differences and/or fees charged by other banking institutions. Regarding the remainder of full payment (70% of the agreed upon rental price) all same payment options and conditions apply In case of payment by PayPal or bank transfer, full payment must be made no later than 30 days before arrival at the villa.
In the event of a booking cancellation, any payments made to the landlord will not be refunded. We recommend that guests purchase travel cancellation insurance to cover the risk of cancellation.
3.1. Bookings made 30 days or more prior to the start of the rental period
For bookings made 30 days or more prior to the start of the rental period, the following conditions apply:
a) The deposit of 30% of the total agreed upon rental price is due for payment IMMEDIATELY upon booking, if PayPal is used as payment method. If the guest chooses to instead initiate a bank transfer, the deposit must be received by the landlord within 3 (three) days;
b) The remaining amount of 70% of the agreed upon rental price is due for payment no later than 30 (thirty) days prior to the start of the rental period.
3.2. Bookings made 30 days or fewer prior to the start of the rental period
a) The full rental fee is due for payment IMMEDIATELY upon booking regardless of payment method. Bank transfer is not available as a payment option if booking is made less than 15 days prior to day of arrival.
3.3. Failure to comply with payment deadlines
The guest assumes the obligation to make payments within the time limits defined in these General Terms and Conditions and in the manner explained herein. If the guest does not comply with the payment deadlines, this will be regarded as a serious breach of contractual obligations, which means that the rental agreement will be deemed to have been terminated without notice. In the event of termination of the rental agreement, any amounts paid to the landlord will not be refunded.
4. TERMINATION AND MODIFICATIONS
4.1. Once entered into, termination of this rental agreement by the guest can only be requested in writing (by email). Termination is effective from the day on which it is received by the landlord and only under the conditions specified here.
4.2. In the event of termination of the Rental Agreement, all payments received up to the date of termination will be retained by the landlord; the guest is not entitled to a refund of any kind. The landlord recommends that guests purchase a separate travel insurance policy that covers the risk of cancellation of the stay.
4.3. If the guest is able to find another guest who is willing to purchase rental use of the villa in their place, for the same booking dates, at the same rental price and under the same conditions, the landlord will transfer the Rental Agreement to the new guest and send a written confirmation to the new guest immediately after receiving all necessary details in writing. Partial amounts of the rental price already paid under the transferred contract will be retained by the landlord. The new guest will be obliged to pay the remaining amount up to the full rental price, according to the previously selected payment method, which is an integral part of the contract.
4.4. If the executed rental agreement cannot be fulfilled or if fulfilment of the contract is made significantly more difficult due to force majeure (e.g. war, natural disasters, environmental disasters, epidemics, border closure, strikes, etc.), which was not foreseeable at the time the contract was entered into, the landlord may terminate the Rental Agreement, as the landlord cannot be held liable for the occurrence of the aforementioned circumstances.
5. RENTAL SECURITY
The guest assumes the obligation to pay a returnable security deposit to the landlord before arriving at the villa. This security deposit is separate and different from the booking deposit. The amount of rental security required will be stated in the written booking confirmation.
The security deposit is to be transferred to the landlord's account, with the payment clearly marked as the security deposit. Cash payment is not accepted. The deposit must be credited to the landlord's account before keys are handed over.
The rental security serves as protection against any damage to the villa that occurs during the guest’s stay, the cost of which will be deducted from the returnable deposit. If the damage caused is larger than the rental security, the deposit will not be returned and the guest is required to reimburse the landlord for the difference to the full amount of the damage. If no damage has been caused to the villa, the landlord will return the deposited rental security in full, to the account from which the deposit was transferred, within 10 working days after the guest's departure.
6. DAMAGE NOT INTENTIONALLY CAUSED BY THE GUEST
The guest assumes the obligation to use the rented villa responsibly. The guest agrees to leave the villa in the same condition he found it., The guest is liable to the landlord for any damage caused. The landlord may make use of the rental security deposited in accordance with article 5 of the General Terms and Conditions up to the amount of the actual damage caused. If the funds from the rental security are not sufficient to cover damages, the guest agrees to pay the difference directly to the landlord up to the full amount of the damage.
Intentional damage to property and disturbance of public peace and order are regarded as serious violations of the terms of the lease, which allows the landlord to terminate the lease without notice and with immediate effect. As a result, the guest and his entire party will be required to leave the villa within 2 (two) hours and will not be entitled to a refund of any rent paid.
The guest shall immediately inform the landlord of the occurrence of any damage to the villa and to the property. Prior to the departure of the guest and the handover of the keys, the guest and landlord will together inspect the villa and property for any damage.
If no damage has been caused, the landlord will refund to the guest the rental security deposited as per article 5 of these General Terms and Conditions.
Damage may also include the cost of additional cleaning required if the villa is left in poor condition by the guest after their stay.
7. EXISTING DEFECTS AND COMPLAINTS
If, upon taking over the villa, the guest discovers inadequate cleaning, damage or other defects in the condition of the villa or has any other complaints, guest agrees to voice these complaints immediately, but in any case within 24 hours. Complaints due to inadequate cleaning must be reported immediately. The complaint must be made directly to the villa owner or their authorized representative.
The guest is obliged to avert or limit the occurrence of damage as much as possible and to endeavour to keep any kind of loss to the landlord as small as possible.
In the case of any kind of complaint, the guest shall set a reasonable deadline for the landlord to remedy the defects.
Departing the villa before the end of the agreed upon rental period and without prior notice to and agreement with the landlord is at the sole risk and expense of the guest, whereby the landlord assumes no liability.
The landlord of the villa is responsible for any deviations from the condition of the villa indicated on the MITT VILLAS INVEST D.O.O. website, excluding possible discrepancies of interior decoration as shown in photos.
8. FINAL PROVISIONS AND JURISDICTION
8.1. These General Terms and Conditions were written in German and translated into English. Should any doubts arise as to the interpretation of individual terms in a translated version of these General Terms and Conditions, the original version in German shall prevail.
8.2. The parties to the Agreement shall settle any disputes amicably and peacefully. The competent court in Pula shall have jurisdiction over all disputes in accordance with Croatian law.
8.3. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after execution of the contract, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provisions shall be replaced by those effective and enforceable provisions whose effects come closest to the economic objective pursued by the contracting parties through the invalid or unenforceable provisions. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.