General terms and conditions

APARTMENTS RENTAL

We ask our dear guests, as well as those who will soon become guests, to read our General Terms and Conditions with all the conditions and peculiarities of the accommodation facility and the location itself before using the rental services.

1. GENERAL TERMS

1.1. These General Terms and Conditions determine the mutual relations, that is, the rights and obligations of the service provider (hereinafter referred to as the renter) and the service user (hereinafter referred to as the guest).

1.2. All the stated conditions apply equally to all reservations and all persons, i.e. they apply equally to the holder of the reservation, other guests, friends and potential visitors.

1.3. MIST apartments are part of the first floor of a family house and consist of two accommodation units:

a) Apartment MIS, 48 m2, on the 1st floor of the house, which can host a maximum of 4 people. It consists of a kitchen and a living room/bedroom, a bedroom with a small balcony, a bathroom, a toilet and a large balcony.

b) Studio apartment IST of 24 m2, also on the 1st floor of the house, which can accommodate a maximum of 2 people. It consists of a kitchen, a bathroom, a living room/bedroom and a balcony.

2. MEANS OF COMMUNICATION

2.1. The renter and the guest conduct all communication via e-mail, except in special cases when the renter exceptionally allows it via mobile phone, i.e. Whatsapp, Viber and other means of communication.

2.2. Upon receiving the inquiry, and when sending the offer, the renter will also deliver to the guest by e-mail the General Terms and Conditions, House Rules, Information on GDPR and Conditions for the return of the security deposit.

3. RESERVATION

3.1.Reservation of the apartment from item 1.3. of these General Terms and Conditions is done through the official website: https://mist-apartments.com/hr as well as through the following sites: laganini.com, apartmaninfo.hr, apartmanija.hr and adriatic.hr.

3.2. After the request for the desired date, within 72 hours of receiving it at the latest, the renter will send each guest an offer with instructions for advance payment and all information about the reservation and price as well as special conditions if they are not defined in these General Terms and Conditions.

3.3. The guest is obliged to make the payment within 24 hours of receiving the information and deliver it to the renter, after which the renter is obliged to block the requested dates for other guests.

3.4. In order for the reservation to be valid, the following conditions must be cumulatively met:

a) the holder of the reservation is at least 18 years old

b) that the guest has paid an advance payment in the amount of 30% of the total amount of the offer,

c) that the guest has submitted the confirmation of advance payment to the renter and that the payment is visible on his account, and all of which is confirmed by the renter by delivering the reservation confirmation to the guest via e-mail, which shows the amount of the advance payment.

3.5. The reservation must be made by one guest who represents the other guests of the same reservation.

4. ADVANCE PAYMENT

4.1. Advance payment for accommodation is a monetary transaction by which the guest remits to the renter a percentage of the total price of the night's stay. By paying an advance payment for accommodation, the guest reserves his appointment, and the renter is insured against possible damage due to the guest's non-arrival.

4.2. The advance payment amounts to 30% of the total amount of the offer, which the renter sends to the guest's e-mail address upon request. The guest is obliged to make an advance payment to the renter's bank account within 24 hours of receiving the offer.

4.3. In the event that the guest does not pay the advance payment within the period referred to in point 4.2. the reservation will be considered canceled and the guest will not be provided with the service at the desired time.

4.4. If the reservation of the apartment is made within 30 days from the start of the rental period, the guest must pay the full amount indicated on the offer, which includes the down payment and the entire stay (100% of the amount).

4.5. The renter will refund the advance payment in the following cases and in the following manner:

a) if the guest cancels the reservation 60 or more days from the start of the rental in the amount of 100%,

b) if the guest cancels the reservation within 60 to 30 days from the start of the rental in the amount of 50%,

c) if the guest cancels the reservation within 30 days from the start of the rental, NO refund will be made.

4.6. By paying the advance payment, the guest confirms that he agrees with the House Rules as well as these General Terms and Conditions by excluding the application of the Special Rules in Catering to the provisions of the General Terms and Conditions and that he accepts them.

5. SECURITY DEPOSIT/DAMAGE COMPENSATION

5.1. The security deposit or deposit is a certain amount of money that the guest allocates upon arrival at the accommodation facility, which serves as insurance against possible material damage.

5.2. The security deposit is in the value of one night's stay and is handed over to the renter exclusively in cash, for which the renter issues a certificate of receipt of the deposit.

5.3. The guest pays the renter a security deposit in the amount of one night's stay after inspecting the apartment and collecting the keys, whereby the guest confirms that he has taken over a correct and orderly apartment, for which the renter gives him a certificate of the paid security deposit.

5.4. The renter reserves the right not to accept guests at the facility upon arrival if they do not want to pay a security deposit. In this case, the renter keeps the entire advance payment.

5.5. The renter will keep the deposit in part or in full after inspecting the apartment and determining defects or damage. In the event that the guest/guests caused damage greater than the amount of the deposit, they are obliged to compensate the entire amount of damage (full damage). The above also applies to common rooms and common equipment in the facility. In the event that the security deposit is retained in whole or in part, the renter and the guest sign a statement containing a description of the resulting damage and the signatures of both parties confirming that they are aware of it.

5.6. The renter will return the deposit in full if no damage is found in the accommodation unit or facility prior to the guest's check-out, for which the renter also issues a certificate of the returned security deposit.

6. PRICES AND METHOD OF PAYMENT

6.1. Prices for services are available on the official website of Apartments MIST and are expressed in euros.

6.2. For a stay of less than 4 nights in the period from July 1 to August 15, the total price increases by 30%.

6.3. The renter is authorized to change the stated service prices at any time without prior notice.

6.4. Upon receipt of an inquiry for accommodation reservation, the renter is obliged to provide the guest with an offer via e-mail within 72 hours with the exact amount of the price of the requested service.

6.5. Payments are made via bank transfer to the renter's account and in cash.

6.6. Payment is made in two installments. The first installment to the renter's bank account in the name of an advance in the amount of 30% of the total price as confirmation of the reservation and the second installment of 70% upon arrival and inspection of the accommodation unit, which can be paid to the renter's bank account or cash only in euros.

6.7. In the event that the guest cannot pay the remaining part of 70% of the total price and/or the security deposit upon arrival, the renter has the right to cancel the reservation without delay and keep the advance payment.

6.8. A security deposit in the amount of one night is payable exclusively in cash.

6.9. The price of the apartment includes tourist tax, final cleaning, supply of water, electricity, energy for cooking, water heating and one use of the washing machine for stays of 7 (seven) days or more. If the guest stays for less than 7 (seven) days or 7 (seven) or more days, and wants to use the washing machine again, he is obliged to pay a fee of €5 (five euros) each time he uses it again.

7. MONEY REFUND

7.1. The renter does not refund money except for the reasons prescribed in point 4.5. a) and 4.5. b) and item 5.6. of these General Terms and Conditions.

7.2. Refunds are not possible even if guests decide to leave the property as a result of a burglary.

8. CANCELLATION/CHANGES

8.1. The guest can cancel his reservation 60 or more days from the start of the rental, after which the renter will refund the advance payment.

8.2. The guest can cancel his reservation between 60 and 30 days from the start of the rental, after which the renter will refund 50% of the advance payment.

8.3. After the reservation is confirmed, the guest can send a request to change the reservation, which does not bind the renter. Depending on the request and possibilities, the renter will inform the guest whether it is possible to change the reservation. Regardless of the impossibility of complying with the change request, the specified cancellation conditions always apply.

8.4. The guest cannot, except in the case referred to in item 8.1. of these General Terms and Conditions, cancel the accommodation free of charge if his request is not met.

9. ARRIVAL/DEPARTURE - CHECK IN/CHECK OUT

9.1. All arrivals/check ins are scheduled from 3:00 PM to 8:00 PM, and departures/check outs are from 5:00 AM to 10:00 AM.

9.2. Earlier arrivals and later departures are possible only if the same is approved by the renter.

9.3. In the event that the guest does not comply with the arrival and departure times, the renter reserves the right to charge an additional night at increased prices. That is, if the guest leaves the facility between 10:00 and 14:00, 50% of the amount of one night is charged, and everything after 14:00 as an additional night.

9.4. In the event that the guest does not show up and does not notify the renter of his arrival, the reservation is considered canceled at the end of the day. In this case, the renter retains the advance payment as well as the right to reopen the facility for reservations.

9.5. In case the guest informs the renter that he will arrive later than the scheduled time, the renter is obliged to keep the reservation for 24 hours from the originally planned arrival. This situation does not exclude the obligation of the guest to pay the entire price of the reserved accommodation.

9.6. If the guest, for any reason that is not justified (in case of death, serious illness, etc.) decides to come a day later or leave the apartment earlier, he is obliged to pay the full amount of the reservation.

10. PERSONAL DOCUMENTS, PERSONAL DATA AND DOCUMENTATION

10.1. All guests are required to present the personal document with which they were traveling to the renter upon arrival so that the renter can register the guests in the eVisitor system.

10.2. A guest who refuses to provide a valid personal/travel document may be denied access to the accommodation facility, in which case the renter has the right to retain the advance payment.

10.3. The renter will keep all information and documentation of the guests as a business secret in accordance with local provisions on the protection of personal data.

11. ACCOMMODATION UNITS

11.1. The description, pictures and location of the apartment correspond to those on the official website of the MIST Apartments. Accommodation facilities do not belong to the category of hotels and as such do not have to meet the same criteria as hotels.

11.2. MIST apartments can be used exclusively for vacation.

11.3. The number of persons in the accommodation unit must not be greater than allowed, so Apartment MIS has accommodation capacity for up to 4 persons, and Studio Apartment IST for up to 2 persons.

11.4. The number of persons in the accommodation unit cannot be greater than the advertised or prescribed number. If there are more people staying in the accommodation unit than allowed, the renter has the right to request that the excess person leave the accommodation unit, in case of non-compliance, the renter has the right to terminate the contract immediately, without a notice period, and all guests are obliged to leave the accommodation unit within 2 (two) hours. Refunds for unused accommodation rental time are not possible.

11.5. If, on the first day of rental service or at any other time during reservation period, a larger number of people appear than those announced in the reservation and which the apartment cannot accommodate, only the permitted and pre-announced number of people remains.

11.6. It is forbidden to set up a tent, park caravans, etc. on or next to the accommodation facility. In case of non-compliance with this provision, the renter is authorized to terminate the rental agreement immediately, without a notice period, and all guests are obliged to leave the accommodation unit within 2 (two) hours. Refunds for unused rental time are not possible.

11.7. Considering that movement on the island is limited by means of transport, and it is not possible to reach the house by car, and the guest decides to come to the island by car anyway, he is obliged to leave his vehicle parked in an improvised parking lot near the ferry port. In this case, if desired, for easier transportation of things from the port to the apartment, it is possible to organize transport by tractor, for a fee.

11.8. Pets are not allowed in MIST Apartments. If the guest brings a pet to the accommodation facility even though this is not allowed, or exceptionally brings a larger number of pets than allowed, the renter is authorized to terminate the rental agreement immediately, without a notice period, and all guests are obliged to leave the accommodation unit within 2 (two ) hours. Refunds for unused rental time are not possible.

11.9. Pets are not allowed in the facilities, however the renter cannot guarantee that there were no pets in the house before. The renter assumes no responsibility for possible allergic reactions that may occur in the accommodation facility.

11.10. Smoking, except on the balconies, is prohibited in both accommodation units as well as in the entire facility, and in case of smoking, the entire security deposit will be charged.

11.11. Guests use all equipment in the apartment as well as outside it at their own risk.

12. PERSONAL BELONGINGS

12.1. Each guest is responsible for his personal belongings that he brings into the premises of Apartments MIST, and the renter is not responsible for them.

13. HOUSE RULES

13.1. During their stay, guests are obliged to comply with the house rules, which form an integral part of these General Terms and Conditions and are found in each accommodation unit. Also, when making an advance payment according to the offer, the renter sends information about the GDPR as well as house rules to the guest by e-mail.

13.2. When the renter notices inappropriate behavior, the guest will be warned about the same. In case of repeated violation of house rules, danger to property and exposure to danger, the renter reserves the right to terminate the contract/interrupt the reservation, which occurs immediately, without a notice period, and all guests are obliged to leave the accommodation unit within 2 (two) hours. Refunds for unused rental time and security deposits are not possible.

13.3. Each guest uses the renter's services at his own risk, and the renter is not responsible for any possible adverse events that the guest may suffer through his actions while using the services.

13.4. The renter has the right in the absence of the guest, in special circumstances, to enter the apartment/accommodation unit in order to prevent possible damage or danger. The renter is obliged to inform the guest about his entry into the apartment/accommodation unit in the first contact.

13.5. In the case of justified suspicion by the renter that damage has been done, the guests are obliged to allow the renter to enter the accommodation unit in order to check the situation.

14. OBJECTIONS AND DEFICIENCIES

14.1. The guest is obliged to inspect the apartment when entering it, and in the event of any irregularities or damage, immediately report it to the renter. If he does not act in the manner described and does not report defects or damage, and the damage exists, it is presumed that the guest has caused damage to the renter and the renter keeps the security deposit.

14.2. Upon noticing defects in cleaning, maintenance, etc., the guest has the right to submit a complaint to the renter/housekeeper immediately and to give him an appropriate deadline for eliminating the defects according to the complaint.

14.3. The renter is responsible for deviations from the condition and equipment of the accommodation facility in relation to what is published on the website.

14.4. Complaints and objections are submitted during the rental period, i.e. accommodation reservations, subsequent complaints and objections are not accepted.

15. FORCE MAJEURE / EXTRAORDINARY EVENT (LIMITATION OF LIABILITY)

15.1. If the use of the accommodation facility is impossible due to force majeure - fire, flood, earthquake, terrorism, civil unrest, atmospheric conditions, etc., the renter has the right to terminate the contract and return the paid funds, unless part of the overnight stay has been completed, then it is reduced in proportion to the number used overnight stays.

15.2. If the use of the accommodation facility is impossible due to an extraordinary event - burst water or sewage pipe, power outage, actions of the government or any other authority, accident, malfunction of machines or equipment, etc., the renter has the right to terminate the contract and return the paid funds, unless part of the overnight stay has been completed, then it is reduced in proportion to the number of overnight stays used.

15.3. The renter is not responsible for the termination of the contract and force majeure and/or extraordinary event.

15.4. In case of noise from neighbors, traffic, etc., the renter cannot be held responsible.

15.5. The renter is not responsible for bad signal, system overload and other problems with telephone and internet reception.

15.6. The MIST apartments are surrounded by nature and greenery as a natural habitat for bees, wasps, mosquitoes, etc., and therefore, the renter is not responsible for possible animal stings and bites. In addition to the above, the renter is not responsible for the resulting burns that the guest suffered during excessive exposure to the sun or for any other reason.

15.7. The renter accepts no responsibility for any injury, damage, loss, delay, additional costs or inconvenience caused directly or indirectly by any events beyond its control.

16. FINAL TERMS

16.1. By paying an advance payment for an accommodation reservation, the guest accepts these General Terms and Conditions, House Rules, Information on GDPR as well as the Terms and Conditions for the return of the security deposit and agrees with them.

16.2. The General Terms and Conditions take effect on the day of their adoption and remain in force until the adoption of new/amended General Terms and Conditions. The renter reserves the right to change the General Terms and Conditions at any time, without prior notice to the guest.

16.3. The General Terms and Conditions apply to all guests, regardless of which site from point 3.1. they made an accommodation reservation.

16.4. Any disputes between the renter and the guest will be resolved amicably, and if such a solution is not possible, the competent court in Zadar and the application of Croatian legislation are competent.

16.5. The nullity or invalidity of a particular provision of the General Terms and Conditions does not affect the validity of other provisions of the General Terms and Conditions.

BOAT RENTAL

1. GENERAL PROVISIONS

By making a reservation, you agree that you have read, understood, and agreed with General terms and conditions.

By service provider is considered Miryam d.o.o.

All prices are in euros and are subject to change. Upon signing the agreement, the user pays the full cost of the service. The user must deposit € 250,00 in cash for any possible damages or losses of the boat and/or equipment. The user of the service bears the costs of fuel and port fees. The service provider keeps the paid rental amount regardless of whether or not the user used the boat during the rental period.

2. CONDITIONS FOR RENT A BOAT

The user can charter the boat exclusively with a valid boat handling license. If the user doesn't own a license, or if he/she owns it but is less than 18 years old and isn't accompanied by an adult, he/she can charter the boat exclusively with a skipper. The end user must comply with the legal regulations and rules related to boat handling at sea and must pay care during boat and inventory usage. If the user does not want to use the additional skipper service provided by Miryam d.o.o., the user declares that he/she owns all the licenses needed for handling the boat he/she rents, according to the regulations of the Republic of Croatia. Otherwise, the operation of the boat will be ceded to the crew member/skipper who has all the appropriate boat handling permits (applicable in accordance with the regulations of the Republic of Croatia). The user charters the boat at his/her own risk and is responsible for its operation according to all applicable laws and regulations of the Republic of Croatia. The user undertakes to operate the boat with special care and responsibility. The end user undertakes not to lend the boat to any other person, he/she declares that the boat will not participate in competitions, that it will not be used for any business purposes, for professional fishing, sailing courses, etc., and that it will only sail under safe weather conditions. The boat is provided with a full tank of fuel and all necessary equipment, in a clean and tidy condition. The user is familiarized with the general rules for safe navigation, sea pollution prevention, the phone number of Search and rescue at sea, other emergency services, the procedure in cases of maritime incidents, weather reporting, and alarm systems. The user is required to pay the employee of Miryam d.o.o. the difference in the fuel price to the full tank in cash upon the boat handover.

3. PRICES AND METHOD OF PAYMENT

The payments are made directly to the employee of Miryam d.o.o., fully before the boat takeover. For any service charged, the employee of Miryam d.o.o. must issue an invoice and the user must keep it until the boat is returned. We accept the following payment methods for rent-a-boat; payment in cash or by credit card at takeover to the employee of Miryam d.o.o.

4. BOAT DOCUMENTS

The boat owned by Miryam d.o.o. has all the necessary licenses and insurance both for the users and the boat, in accordance with the legal provisions of the Republic of Croatia. The boat is issued with all valid documents needed for the service of boat rental and the user is obliged to keep them until the end of the service.

5. ISSUING AND RETURNING THE BOAT

Miryam d.o.o. commits to issuing the boat to the end user in neat and clean conditions ready for sailing, fully equipped with a full fuel tank. Before initiating usage of the rent-a-boat service, the user must inspect the general condition of the boat and determine whether the inventory and equipment list correspond to the actual situation. Any defects and shortcomings identified upon boat handover will not entitle the user to request a reduced rental price or lodge subsequent complaints. The user must return the boat to the employee of Miryam d.o.o. in the agreed place at the agreed time, clean and undamaged. If the user does not return the boat to the agreed place on time, he/she agrees to pay the employee of Miryam d.o.o. the price for each hour of delay in accordance with the current price list exclusively in cash due to the possible loss and costs caused by the delay of the boat. The boat is considered delayed 20 minutes after the agreed time of boat return. The delay may be justified in case of force majeure only if the user has informed Miryam d.o.o.'s employee. The end user is responsible for the costs of boat parts and/or equipment lost or damaged due to negligence or misuse.

6. COMPLAINTS AND CANCELATION

With the user's arrival of the user on board, complaints can be made only in the presence of the employee of Miryam d.o.o. Subsequent complaints will not be considered. The employee of Miryam d.o.o. must familiarize the user with the characteristics of the boat and instruct him about the management and usage of the boat and its equipment. The employee of Miryam d.o.o. must rent a clean and neat boat to the user and provide all the services listed in the boat's description and services. An unclean and unprepared boat of noncompliance between the information provided by the employee and the actual state of the boat gives the user the right to make a complaint. Miryam d.o.o. may exceptionally cancel the confirmed reservation (thence referred to as cancelation) and refuse to provide the user with the boat rental service if it determines that the user does not have a valid license to operate the boat or determines that the information and documents for the rent-a-boat do not correspond to the information provided at the time of booking. In case of adverse weather conditions, the employee of Miryam d.o.o. will inform the user in advance of the inability to rent until the weather stabilizes and he/she will try to arrange a new rental period or he/she will reimburse the user if the user is unable to accept the new rental period. Each booking becomes active and valid upon receipt of the deposit as a guarantee of arrival. Furthermore, these terms apply only to confirmed bookings.

7. DAMAGES INCURRED DURING THE RENT-A-BOAT

The user is responsible for any damage to the rented boat or equipment due to improper use. Any damage must be assessed in the presence of the user. The user must pay for any damage on the spot and, if he/she refuses to, the employee of Miryam d.o.o. must immediately inform the responsible person of the company and, if necessary, call the police. For any injuries to the user or the other passengers on board, Miryam d.o.o.employee must be notified immediately. Miryam d.o.o. is not responsible for any consequences or damage resulting from improper use of the boat. The user must inform the employee of Miryam d.o.o. at the return of the boat about any breaks and damage, regardless of the cause, to determine the necessary works and/or equipment replacement. For the acts and/or negligence of the user due to which Miryam d.o.o. is liable to a third party, and which is not covered by insurance, the user undertakes to pay Miryam d.o.o. any material and legal costs that may arise as a result of such acts and/or negligence. The user is particularly held responsible in case of boat seizure due to illegal activities. In case of a breakdown and/or accident, the user must record the course of the event or request a written certificate from the Port Authority, of a medical doctor or other authorized persons. The user must inform Miryam d.o.o. immediately of such events. In case of a missing boat, inability to sail, boat seizure, or navigation ban by authorized or other persons, the user must inform the authorized person of Miryam d.o.o. All of the above shall be included in the report, signed by a representative of Miryam d.o.o. and the user, at the return of the boat or at the time of damage and/or negligence and/or another event occurrence for which the user is responsible. In case of non-compliance with all these obligations, the user personally responds to Miryam d.o.o. and assumes responsibility for all consequences. The user is responsible for all violations of the navigation rules and other rules, even after the expiration of the period of use of the charted boat. In case of small-value damage, for which no damage is reported according to the insurance policy (e.g. minor physical damage, loss of boat equipment), the user must pay the stated costs in full. If a security has been made for the rental of a boat, in the event of a small value damage, the amount of the stated damage will be covered by the security deposit. If the amount of damage is less than the security deposit, the difference is returned to the user. In the event of major damage covered by the boat's insurance policy, the user completely loses the amount of the security deposit. Depending on the insurance deductible per boat policy, if it's higher than the security deposit, the user must cover the deductible cost.

8. PETS

Pets are not allowed on board without prior agreement with Miryam d.o.o. If the charterer establishes that the pets were on board, the user is obliged to pay in cash the cost of boat cleaning directly upon return, according to the current price list. If the pet causes any damage to the boat or its inventory, the damage will be repaired at the expense of the user.

9. LOSS OF PROPERTY AND THEFT

Miryam d.o.o. is not responsible for loss and/or damage to the end-users or third person's assets left and kept on board. By renting the boat, the end user accepts the General terms and conditions for boat rental and therefore rejects all requests for compensation for such loss and/or damage by Miryam d.o.o.

10. DECLARATION FOR PERSONAL DANA PROCESSING FOR THE PURPOSE OF BOAT RENTAL CONTRACT

By signing the boat rental contract, the client permits the Miryam d.o.o. to use and store personal data (name and surname, identification details - identity card or passport details, skipper license details, phone number, and email address) with confidentiality for the boat rental contract. By signing the boat rental contract, General terms and conditions are considered accepted.

11. RENTAL CHECK-IN

Check-in time is stated in the boat rental contract. The location of check-in is agreed upon signing the boat rental contract. In the case of bareboat rental, the end user must present a valid boat license and personal ID (ID card or passport) at the time of the reservation. Payment of the reservation is by cash or credit directly at the boat handover. Checkup of the boat is obligatory at the start as well as at the end of the rental.

12. RENTAL CHECK-OUT

Check-out time is stated in the boat rental contract. In the case of multi-day rental, the boat must be returned to the agreed location no later than 19:00 every day. In the case of a bareboat rental, the client must return to the location determined on check-in. The cost of fuel needs to be settled at the end of the rental at a price estimated by our employee based on the local price of fuel. Payment for boat rental can be made in cash or by credit card. The location of the check-out is the same as agreed on check-in. Check-out is finalized after the boat check-up by the employee.

13. FINAL PROVISIONS

In case of a discrepancy in the interpretation of the Croatian text with one of the other foreign languages, the Croatian text will take precedence.

Any disputes between Miryam d.o.o. and the user will be resolved amicably. If such a solution is not possible, the competent court in Rijeka and the application of Croatian legislation will have jurisdiction.

The nullity or invalidity of a particular provision of the General Terms and Conditions on boat rental does not affect the validity of other provisions of the General Terms and Conditions on boat rental.