opći uvjeti i pravila
1. SCOPE, GENERAL
1. The Villa Brandestini website is aimed exclusively at consumers. The following General Terms and Conditions apply to all purchase contracts between us, Sea Istria d.o.o., and you as a consumer concluded using the Villa Brandestini website.
2. In all cases, it is the version of the General Terms and Conditions available on the Websites, and hence the valid General Terms and Conditions, at the time of concluding the contract that is decisive. Deviating, contradictory or supplementary agreements are not part of the contract unless we have explicitly agreed to these in writing in advance.
2. CONTRACT CONCLUSION
1. Upon concluding the order process by activating the "book" button, you bindingly declare your offer to purchase the rooms selected by you (order); we will immediately confirm receipt of the order by e-mail using the e-mail address provided by you. The receipt confirmation is not a binding acceptance of the order; it can however be linked with an explicit acceptance declaration.
2. We are entitled to accept the contract offer included in the order within three working days following receipt. We will accept the booking by means of an e-mail confirmation. The purchase contract is only concluded by means of this acceptance. We are entitled to reject the order; for example, after checking the availability of the roomst in villa. In this case, we will inform you of the rejection in writing or by e-mail.
3. We reserve the right to reserve a rom only in volumes customary for households.
4. After concluding the entry and prior to the binding dispatch of the order by means of activating the "BOOK" button, all the booking details are displayed for you; here, you have the opportunity to correct entry errors.
5. The contract text is saved by us and sent to you by e-mail along with these General Terms and Conditions following receipt of your order.
3. PRICES, COSTS AND PAYMENT TERMS
1. The price given on the Villa Brandestini website at the time the order is placed is binding. The price includes the respectively valid VAT, insofar as this applies.
2. A price offered within the context of special offers is exclusively limited to the special campaign. Special campaigns are always indicated as such.
3. Payment of booking is fundamentally possible by means of credit card (secured by 128-bit SSL encryption) or PayPal; purchasers in Croatia (or other European countries, on request) can, depending on the type and value of the order, also pay on bank account. The payment types concretely available to you are displayed during the ordering process.
4. When paying using a credit card, the card is immediately debited.
5. The right of the customer to offset counter-claims shall only exist if these counter-claims are uncontested or have been ascertained to be legally binding. You can only assert the right of retention if your counter-claim is based on the same contract relation.
5. RESERVATION OF PROPRIETARY RIGHTS
1. The booking emain our property until full payment of the booking price.
2. You must handle the booking with care until transfer of ownership has taken place.
6. LIABILITY FOR DEFECTS
The valid legal stipulations relating to the liability for defects apply.
7. LIMITATION OF LIABILITY
1. Sea Istria d.o.o. is liable without limitation in the event of intent and gross negligence.
2. In the event of ordinary negligence, Sea Istria d.o.o. is liable – except in cases of damage to life, body or health – only if essential contractual obligations (cardinal obligations) are breached. Liability is limited to contractually typical and foreseeable damages.
3. Any liability for indirect and unforeseeable damages, for standstill of production and recovery for loss of use, lost profits, lost savings and economic loss due to a third party claim shall be precluded in the case of ordinary negligence – except in the event of injury to life, body or health.
4. Any liability going beyond the liability for damages stated in this contract shall be excluded – irrespective of the legal nature of the claim made. However, the above limitations of liability or exclusions do not apply to compulsory statutory fault-dependent liability (for example, in accordance with product liability legislation) or liability arising from guarantees of characteristics irrespective of fault.
5. Insofar as liability is excluded or limited in accordance with Points 2 and 3, this shall also apply to the personal liability of salaried employees, employed persons, representatives, bodies and agents of Sea Istria d.o.o.
8. CANCELLATION INSTRUCTIONS
You have the following right of cancellation:
You are entitled to cancel this contract 14 days before your arrival. The cancellation period is fourteen days before when you or a third party appointed by you who is not the carrier has taken possession of the goods.
To exercise your right of cancellation, you must inform us (Sea Istria d.o.o., Drage Gervaisa 7, 52210 Rovinj; e-mail: email@example.com) of your decision to cancel this contract by means of an unambiguous declaration (for example, a letter by post, fax or e-mail).
To observe the cancellation period, it is sufficient to send us notification of the exercising of the right of cancellation prior to the expiry of the cancellation period.
EFFECTS OF CANCELLATION
If you cancel this contract, we will return all payments received from you, including the shipping costs (with the exception of additional costs arising as a result of you choosing a different form of shipping to the standard, less expensive shipping offered by us), immediately and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment as used by you during the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods or until you have provided evidence that you have returned the goods, depending on which event is earlier.
- END OF THE CANCELLATION INSTRUCTIONS -
9. APPLICABLE LAW
The law of the Croatian Republic applies, with the exception of UN purchasing law, which expressively shall not apply. This choice of law applies only insofar as the protection provided is not withdrawn by compulsory provisions of the law of the country in which the consumer habitually resides.
10. WRITTEN FORM
Changes or additions to this contract require the written form for validity. This also applies to changes to the written form clause.
11. SALVATION CLAUSE
Should individual clauses and/or stipulations of this contract be or become invalid or infeasible, this will not affect the validity of the remaining clauses and/or stipulations within this contract. The wholly or partially invalid or infeasible clauses and/or stipulations will then, in accordance with the consensual will of both parties, be replaced by clauses and/or stipulations that legally correspond as closely as possible to the original commercial intention of the invalid or infeasible clauses and/or stipulations.
Free cancellation period is 14 days before the check in. If the guest cancels after free cancelation period of 14 days guest pays 100% of his stay.
Please note that Villa Brandestini management must be informed about the cancelation via email or telephone.
tel.: +385 52 575 707
For the purpose of continually improving our service and offerings, it is particularly important that you provide us with the reason why you are cancelening your stay. Please complete the enclosed cancelation form and include it in your email. In the event you have already paid, we will credit the amount to your bank or credit card account. Please note that bank refunds can take several days and that we require a certain amount of time to process refunds.
As the operator of the Villa Brandestini web, we – Sea Istria d.o.o.– regard data protection as a fundamental concern and we would like to ensure that your privacy is, and remains, protected at all times when using our web.
Your personal data are only collated, processed and used by us if you issue your consent, or legislation allows us, to process and/or use your personal data. To this end, we comply with the valid legal stipulations on data protection.
WHAT ARE PERSONAL DATA ?
Specific information on the personal and objective circumstances of a specific or specifiable person. These particularly include data such as your name, your address, your date-of-birth/age, your gender, your telephone number and your e-mail address.
WHY DO WE COLLATE, PROCESS AND UTILISE PERSONAL DATA ?
1. We collate, process and utilise personal data for processing your orders
2. We collate, process and utilise personal data for processing payments
3. We collate, process and utilise personal data for responding to your questions and queries
4. We collate, process and utilise personal data for sending out our newsletter insofar as you have given us your consent to do so
WHAT INFORMATION DO WE COLLECT IN THE PROCESS ?
Only information that you enter while visiting our web or transmit to us in any other way is collated, saved and processed. You have the option to withhold certain information – which can however mean that you will be unable to utilise some of our offerings, services and features.
CONSENT AND REVOCATION
When subscribing to the newsletter, Sea Istria d.o.o. uses – with your consent – your first name, your last name and your e-mail address for its own advertising purposes. Once you have given us your consent for using, processing and transmitting your personal data for the purpose of sending the newsletter or for other marketing purposes, you can revoke this for the future at any time without any formal procedure or notice. Furthermore, you can – insofar as we use your personal data within the legally-permissible context for postal marketing measures – object to the utilisation of this data. In both cases, simply send us an informal message by post to the following address:
Sea Istria d.o.o.
Drage Gervaisa 7
Furthermore, each newsletter contains a link with which you can unsubscribe to the newsletter.
Following receipt of your revocation or retraction, we will cease to utilise, process and transmit the relevant data for any purposes other than for processing your order/orders and also cease to send you any further advertising materials, including our catalogues.
DO WE PASS PERSONAL DATA ON TO THIRD PARTIES ?
For optimum processing of your booking, it may also be necessary to transmit your personal data to third parties, for example to Croatian e-vizitor so that these can process your stay in Croatia.
The separate applicant data protection stipulations apply when using the applicant tools.
We guarantee that we will otherwise not forward your personal data to third parties unless we are legally obliged to do so or you have given us your prior consent for this.
The data forwarded to third parties are utilised by these third parties exclusively for carrying out the duties or tasks allocated to them.
HOW LONG ARE THE DATA SAVED FOR?
Only for as long as they are required for the processing of our services or for the period the legal stipulations require them to be saved for.
HOW DO WE PROTECT YOUR DATA ?
We deploy technical and organisational measures that protect your personal data against loss, manipulation and unauthorised access by third parties. We regularly adapt our security measures to the current state of the art.
DATA COLLATION USING COOKIES
When you visit our Website, we also automatically collect technical and statistical data on the utilisation of the Villa Brandestini web by setting cookies. This involves the following data:
1. IP address
2. Browser type and version
3. The Website from which you are visiting us
4. The operating system used by you
5. Date and time of your visits to the individual Websites
6. Information regarding the allocation of your visit and/or an order with a marketing channel
THIRD PARTY COOKIES
We use third-party services to improve our service and those services use their own cookies.
Third-party services that are used on Villa Brandestini website and which have their own privacy policies are:
1. Google analytics (used for statistical analysis of visits)
LINKS TO EXTERNAL WEBSITES
The Villa Brandestini Website and this data protection declaration include links to external Websites, over whose contents Villa Brandestini has no influence. For this reason, Villa Brandestini assumes no liability for the contents, the nature or the reliability of these external Websites. The placement of links does not include any support for, or approval of, the information or services offered on the respective Websites. The respective provider or host of the Websites is solely responsible for the contents of the linked Websites.
WHERE CAN YOU GET INFORMATION ABOUT YOUR DATA STORED WITH US ?
You have the right to demand free-of-charge information relating to your personal data stored with us at any time. If your personal data is incorrect or has been saved for incorrect reasons, we will gladly correct, block or delete said data. Here, we kindly request that you inform us of any changes to your personal data. In the event you wish to receive information on your personal data or you have questions relating to data protection, please write to:
Sea Istria d.o.o.
Drage Gervaisa 7
CHANGES TO THIS DATA PROTECTION DECLARATION
We reserve the right to change or supplement the data protection declaration as required. We will publish all changes/supplements on this Website. For this reason, we kindly request that you regularly visit the Website to inform yourself of the latest status of the data protection declaration.
Sea Istria d.o.o.
Drage Gervaisa 7
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telefone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.