TERMS & CONDITIONS
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages provided by us on these pages and through the website are owned, operated and provided by Apartments Terra and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
When you are making your booking, your contract will be with Apartments Terra, Antuna Dalmatina 2, 51000 Rijeka, Croatia, VAT: HR72572520132, as Property Manager of Apartments Terra Rijeka.
By booking services with Apartments Terra through this website, you agree to have read, understood, and fully accept all Terms and Conditions of service listed below.
These Terms and Conditions shall apply to all dealings between Apartments Terra and the Customer to the exclusion of any other terms and conditions whether they appear on the stationery or correspondence of the Customer or elsewhere unless otherwise agreed in writing by Apartmens Terra and apply specifically for online bookings.
APLICABLE LAW, JURISDICTION, AND DISPUTE RESOLUTION
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Croatian law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: “Mandatory Provisions”). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Croatia a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Trip Reservation confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Trip Provider as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
SECURITY AND VALUABLES
Any valuables left at the property are left at your own risk. We or our local representatives are not responsible for their loss. As with all rental properties in prime locations, there may be a risk of burglary. Where provided, burglar alarms must be activated, safes used and proper care taken against theft and burglary. We accept no responsibility for any loss, damage or consequential losses due to theft or any other security related incident howsoever caused.
SOCIAL EVENTS AND OTHER FUNCTIONS
It is our policy not to allow social events and other functions (receptions, large cocktail parties) on the property without prior agreement at the discretion of ourselves or the owner. Permission will be required for any event to be attended by more than twice the number of people the property is advertised as accommodating (including the holiday party itself). If permission is granted, an additional fee may be charged.
Linen is included in property rental. It is normally changed once per week, or more frequent upon request at an additional charge.
Additional services stated on the website are available at extra charge, although such services cannot be guaranteed. Please give us as much notice as possible and we shall try to assist. We accept no responsibility for additional staff or services. Any other arrangements you make with your staff or any other person or the company providing services whilst you are staying at the property are between you and the staff and we accept no responsibility for these services provided and the terms and conditions on which they are provided.
The person signing the contract is responsible for the correct and decent the behavior of his party. Should you and your party not behave in such a manner of the keyholder may at his absolute discretion ask you and your party to vacate the property without a refund of the price.
The property will be clean throughout at the beginning of the rental period. Guests are responsible for keeping the holiday accommodation and all furniture, fittings, effects, facilities, and equipment in the same state of repair and condition as at the commencement of the holiday, and leave the holiday accommodation in the same state of cleanliness and general order in which it was found.
LIABILITY OF US AND THE PROPERTY OWNER
We shall not be responsible for the death of or personal injury of you or any a person named on the Booking Form or another person at the property unless this results from the proven negligence of us or our local representatives. We shall not be liable for any loss, breach or delay due to any cause beyond our reasonable control, including though not limited to, the act of God, explosion, ﬂood, tempest, fire or accident, war or threat of war, civil disturbance, acts, restrictions, regulations, bye-laws, or measures of any kind on the part of any governmental or local authority, strikes, lock-outs, or other industrial actions or disputes or adverse weather conditions. In any such case, we shall be entitled to treat the contract as discharged. In the event of such discharge, our liability shall be limited to the return of the sums paid to us in respect of the (unused) portion of the holiday calculated on a pro rata daily basis. We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, etc. nor for the failure of public utilities such as water, gas, and electricity. We are not responsible for noise or disturbance originating beyond the boundaries of the holiday accommodation or which is beyond our control.
In the unlikely event that you are disappointed with the holiday accommodation, you must first contact us or our local representative who will try to solve the problem. Where this is not possible, you should contact us directly by phone + 385 (0)98 258 233 or email email@example.com. If after that, you still, feel that the problem has not been resolved to your reasonable satisfaction, you should within 7 days of returning from your holiday, put your comments in writing to us. If you vacate the property before the end of the rental period without our authorization, you shall lose any rights to compensation.
You must keep the holiday accommodation and all furniture, fittings, effects, facilities, and equipment in the same state of repair and condition as at the commencement of the holiday, and leave the holiday accommodation in the same state of cleanliness and general order in which it was found. You are responsible for all damage or loss which occurs to the property or its contents during your occupation and will be responsible for paying appropriate compensation to us in the event of breakages or damage.
Pets are not allowed without our prior written permission.
ARRIVAL AND DEPARTURE
You must arrive between 2 p.m. and 11 p.m. on the holiday start date and the accommodation must be vacated by 10 a.m. on the last day unless otherwise specified. If these times are difficult, please advise us at the time of booking. If your arrival is delayed you must inform us so that suitable arrangements can be made for entry to the holiday accommodation.
We respect your privacy, however, the Property Manager or his/her representative shall be allowed free access to the holiday accommodation at any reasonable time during any holiday occupancy for the purposes of inspection and maintenance.
NUMBER OF PEOPLE USING THE HOLIDAY ACCOMMODATION
Only those persons named on the booking form may use the property without prior arrangement. The number of people staying at the property must not exceed the number of sleeping places indicated in the property description except in the case of infants under two years.
All guests must be registered at the time of the booking confirmation. The full names and details of all guests who will be staying in the apartments must be supplied to us at the time of the booking confirmation. For security purposes, identification will be requested for each guest arriving at the apartments.
We reserve the right to make modifications to the property specification that are considered necessary in the light of operating requirements. In the interests of continuous improvement, Property Owners reserve the right to alter furniture, fittings, amenities, facilities or any activities, either advertised or previously available, without prior notice.
If material changes occur after your booking has been confirmed we will advise you, if there is time, before departure.
AMENDMENTS BY YOU
Upon receipt of your booking confirmation invoice, please check the details to make sure they are correct. We reserve the right to treat a change of property and/or holiday dates as a cancellation of one holiday and the booking of another.
CANCELLATION BY YOU
Any cancellation by you (for whatever reason) must be in writing addressed to us by phone + 385 (0)98 258 233 or email firstname.lastname@example.org. The effective date of cancellation is the date on which written notification is received by us.
If you cancel two weeks or more before departure you will lose your deposit.
If you cancel within two weeks of departure or if the booking is canceled by us due to non-payment, we shall be entitled to the full holiday cost from you.
ALTERATIONS OF CANCELLATION BY US
In the unlikely event that it is necessary to make an alteration to or cancel the holiday accommodation specified in the holiday confirmation, we will inform you as soon as possible and we will refund in full all monies paid and shall be under no other liability.
(FURTHER) CORRESPONDENCE AND COMMUNICATION
By completing a Trip Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Trip Provider and the Trip Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.
Apartments Terra, disclaims any liability or responsibility for any communication by or with the Trip Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Trip Provider or (any form of) acknowledgement of receipt of any communication or request. In order to duly complete and secure your Trip Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Apartments Terra,or in respect of the Trip Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
PRE-PAYMENT, CANCELLATION, NO-SHOW AND FINE PRINT
By making a Trip Reservation with a Trip Provider, you accept and agree to the relevant cancellation and no-show policy of that Trip Provider, and to any additional (delivery) terms and conditions of the Trip Provider that may apply to your Trip (including the fine print of the Trip Provider made available on our Platform and the relevant house rules of the Trip Provider), including for services rendered and/or products offered by the Trip Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Trip Provider can be obtained with the relevant Trip Provider. The general cancellation and no-show policy of each Trip Provider is made available on our Platform on the Trip Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Trip Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Trip Provider and the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Trip.. Please carefully read the fine print (below the Trip types or at the bottom of each Trip Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Trip Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Trip Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Trip Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Trip Provider so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Trip Provider.
FREE OF CHARGE FOR CONSUMERS, ONLY TRIP PROVIDERS PAY!
Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Trip Service or add any additional (reservation) fees to the rate. You will pay the Trip Provider the relevant amount as indicated in the Trip Reservation (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).
The prices given are in € Euro/day and the rental period is weekly unless otherwise stated.
The prices as offered by the Trip Providers on our Website are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Website or the confirmation email/ticket.
Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Trip Provider in the event of a no-show or cancellation.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.
Not included in apartments rates: cost of obtaining passports or visas, meals and beverages, extra staff, transport, including travel insurance, excess baggage charges, airfares, airport taxes, shopping service, and food deposit, and all other Additional services from Apartments Terra Guest Services list. All additional services are normally charged in advance at the time of your booking. Rates are subject to change without notice.
SCOPE AND NATURE OF OUR SERVICE
Through the Website, we provide an online platform through which Trip Providers – in their professional conduct of business– can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, rent or hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Trip Service). By using or utilizing the Trip Service (e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding) contractual relationship with the Trip Provider with which you make a reservation or purchase a product or service (as applicable).
From the point at which you make your Trip Reservation, we act solely as an intermediary between you and the Trip Provider, transmitting the relevant details of your Trip Reservation to the relevant Trip Provider(s) and sending you a confirmation email for and on behalf of the Trip Provider.
When rendering our Trip Service, the information that we disclose is based on the information provided to us by Trip Providers. As such, the Trip Providers that market and promote their Trip on the Website are given access to our systems through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Website.
Although we will use reasonable skill and care in performing our Trip Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Trip Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on Website. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Trip Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.
Our Trip Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Website for any commercial or competitive activity or purpose.
FORMATION OF CONTRACT
Before making a booking, you must contact us to obtain confirmation that the chosen property is available for the dates required. Please note that availability and rates may vary but that you will be given the up to date rate. Once you have decided to proceed, you should contact our Reservations office by phone + 385 (0)98 258233 or email email@example.com to indicate your interest in booking our apartments. Please note that if you email us, you should provide a contact telephone number so that we can contact you. One of our Advisors will phone you to discuss your specific requirements and collect the information needed in order to process your booking. We will then e-mail you an Invoice containing the details of your booking. Once you have checked that you are satisfied with the details contained in the Invoice and that you have read these Terms and Conditions, you need to arrange for payment in accordance with paragraph 3 below.
Our rates are expressed in € Euro. All payments may be done in € Euro, $ Dolar (USD) or equivalent in Croatian Kuna, by bank transfer (the account will show on your invoice). In the event of paying in Kuna, the amount your credit card account will be charged for is obtained through the conversion of the price from Euro into Croatian kuna according to the current exchange rate of Erste bank on the payment date.
By arranging payment, you confirm that you have read and agree to be bound by these Terms and Conditions, which are either sent to you alongside with your invoice or if you are making a booking by telephone, which is available on the website. Your booking will only be confirmed and effective when we issue a Booking Confirmation upon securing payment of the deposit (or full price if the booking is made less than 6 weeks before departure).
Bookings cannot be accepted from persons under 18 years of age at the time of booking. By these Terms and Conditions we reserve the right to refuse a booking without giving any reason.
Apartments Terra are owned by a private person, Mrs. Marija Travaš Fadić, who received a permit from the competent ministry to perform the activity of providing accommodation in the household and the headquarters are located in Rijeka at the address Antuna Dalmatina no. 2.
“Platform” means the (mobile) website owned by Apartments Terra.
“Trip” means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Trip Provider.
“Trip Provider” means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for Trip Reservation on the Platform.
“Trip Service” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by Apartments Terra in respect of various products and services as from time to time made available by Trip Providers on the Platform.
“Trip Reservation” means the order, purchase, payment, booking or reservation of a Trip.