These General Terms and Conditions (hereinafter referred to as "T&Cs") govern the mutual rights and obligations between guests and the accommodation provider "The Pearl Residence." These T&Cs also apply to all services provided by "The Pearl Residence" beyond accommodation, which are used by the guest.

The T&Cs do not exclude special agreements and are subsidiary to agreements made individually. Provisions of the T&Cs not affected by special agreements remain fully in effect.

DEFINITION OF TERMS

• Accommodation Provider: A natural or legal person who provides accommodation to guests for a fee or makes premises available for their use.
• Guest: A natural person who uses accommodation or premises. The guest is usually also the contracting party. Guests also include persons traveling with the contracting party (e.g., family members, friends, acquaintances).
• Contracting Party: A natural or legal person from within or outside the country who enters into an accommodation contract as a guest or on behalf of a guest.
• Accommodation Contract: The contract concluded between the accommodation provider and the contracting party, the content of which is detailed below.
• Agreed Contract Sum: The agreed contract sum includes the costs of all agreed services (such as room, culinary services, drinks, room rental, personnel costs, technical equipment, as well as other separately agreed additional services, tourist tax).

CONTRACT CONCLUSION — DOWN PAYMENT — PRICES

• The accommodation contract is concluded by the acceptance of the contracting party's order by the accommodation provider. Electronic statements are considered received when the party for whom they are intended can access them under normal circumstances and the access occurs during the accommodation provider's business hours. The accommodation provider is free to confirm a booking in writing or not.
• The accommodation provider has the right to conclude the accommodation contract on the condition that the contracting party makes a down payment, the agreed contract sum, or a security deposit (e.g., credit card authorization) on time.
• In this case, the accommodation provider is obligated to inform the contracting party of the required down payment, payment, or security deposit (e.g., in the form of a credit card authorization) before accepting the written or verbal order. If the contracting party agrees to the down payment, payment, or security deposit (in writing or verbally), the accommodation contract is concluded with the accommodation provider upon receipt of the consent.
• The contracting party is obligated to pay the agreed fee as per point 8.1. The costs of the money transaction (e.g., transfer fees) are borne by the orderer (contracting party). Credit and debit card terms and conditions apply as per the card companies.
• The down payment is a partial payment towards the agreed fee.
• Services contractually agreed are those listed in the reservation confirmation.
• Unused services cannot lead to a refund or reduction in the agreed price unless otherwise contractually agreed.
• Any changes in fees due to taxes and duties are borne by the contracting party. New taxes and duties will be added to the agreed fee and must be paid by the contracting party.
• In case of payment default by the contracting party, "The Pearl Residence" is entitled to charge default interest of 12% per annum. The accommodation provider expressly reserves the right to claim damages exceeding this interest.
• In any case, the contracting party and all guests of the apartment are jointly liable to "The Pearl Residence" for any claims/damages, regardless of how they are described.

START AND END OF ACCOMMODATION

• The contracting party has the right to use the rented premises from 3:00 PM for D3-2 and P2-8, and 4:00 PM for D2-9 of the agreed day ("arrival day"), unless the accommodation provider offers a different check-in time.
• If an apartment is first used before 6:00 AM, the previous night is counted as the first night and charged in full.
• The rented apartment must be vacated by the contracting party by 10:00 AM on the departure day unless otherwise agreed with the accommodation provider.
  
  The accommodation provider is entitled to charge for an additional day in full if the rented apartment is not vacated on time and also to charge any additional costs for a replacement accommodation for new guests if they cannot clean and prepare the apartment in time.

WITHDRAWAL FROM THE ACCOMMODATION CONTRACT — CANCELLATION FEE — WITHDRAWAL BY THE ACCOMMODATION PROVIDER

• If the accommodation contract provides for a down payment, an agreed payment, or a security deposit (e.g., by credit card authorization) and this has not been made by the contracting party on time, the accommodation provider can withdraw from the contract without further notice.
• If the guest does not take over the apartment by 6:00 PM on the agreed arrival day, there is no obligation to provide accommodation unless a later arrival time was agreed upon. If the apartment is not taken over by the guest, the reservation of the apartment and the time will be charged in full until the takeover.
• If the contracting party has already made the full payment, the premises remain reserved until 10:00 AM on the agreed arrival day the following day at the latest.
• Until 30 days before the agreed arrival day of the contracting party, the accommodation contract can be terminated by the accommodation provider for materially justified reasons, unless otherwise agreed, by unilateral declaration.
• The accommodation provider is entitled to withdraw extraordinarily from the contract for materially justified reasons at any time, for example if
  
  
  • force majeure or other circumstances not attributable to the accommodation provider make it impossible to fulfill the contract; this includes, for example, legally mandated lockdowns, failure to manage and maintain the rental property;
  • the apartment is booked under misleading or false representations of essential facts, such as the guest's identity or purpose;
  • the accommodation provider has a justified reason to believe that the use of the apartment and common areas may jeopardize the smooth operation of the business or disturb other guests/people, and this is not attributable to the accommodation provider.
  • there is a significant breach of the General Terms and Conditions.

WITHDRAWAL BY THE CONTRACTING PARTY – CANCELLATION FEE

• When booking the apartment, the accommodation contract can be canceled by the contracting party without paying a cancellation fee up to 2 months before the agreed arrival date. For cancellations up to 1 month before the planned arrival date, a cancellation fee of 90% of the agreed contract sum will be charged. For cancellations made closer to the arrival date or in the case of no-shows, we reserve the right to charge 100% of the agreed contract sum.

INABILITY TO ARRIVE

• If the contracting party cannot arrive on the day of arrival due to unforeseeable extraordinary circumstances (e.g., heavy snowfall, flooding, natural disasters, etc.) making all means of arrival impossible (including changing to other modes of transport), the contracting party is not obligated to pay the agreed fee for the days of arrival. However, the accommodation provider must be informed immediately about the impediment to arrival.
• The obligation to pay for the booked stay revives as soon as arrival is possible again within 1 day.

RIGHTS OF THE CONTRACTING PARTY

• By concluding an accommodation contract, the contracting party acquires the right to the usual use of the rented rooms, the associated facilities that are generally and without special conditions accessible to guests, and to standard service. The contracting party must exercise their rights in accordance with any applicable house rules.

OBLIGATIONS OF THE CONTRACTING PARTY

• The contracting party is obliged to pay the agreed fee in full at the time of booking within 7 days or to provide the security deposit (e.g., credit card authorization). If the booking is made within one month of the start of the stay, the agreed fee or a security deposit must be made on the same day as the booking, or at the latest, the following day.
  
  If additional services are used by the contracting party and/or accompanying guests during the stay, these costs must be paid by the time of departure plus statutory VAT.
• The accommodation provider is not obligated to accept foreign currencies. If the accommodation provider accepts foreign currencies, they will be accepted at the current exchange rate. If the accommodation provider accepts foreign currencies or cashless payment methods, the contracting party bears all associated costs, such as inquiries with credit card companies, telegrams, etc.
• The contracting party is liable to the accommodation provider for any damage caused by themselves or the guest or other persons who accept services from the accommodation provider with the knowledge or consent of the contracting party. In particular, parents or guardians are liable for their children.
• The transfer of the rented apartments to other persons or their use for purposes other than accommodation is prohibited.

RIGHTS OF THE ACCOMMODATION PROVIDER

• If the contracting party refuses to pay the agreed fee or is in arrears, the accommodation provider has the legal right of retention and the legal lien on the items brought by the contracting party or the guest. This right of retention or lien also serves to secure the accommodation provider's claims from the accommodation contract, particularly for meals, other expenses incurred for the contracting party, and any claims for damages of any kind.
• Any use of the rooms or facilities provided to the guest that deviates from the agreement entitles the accommodation provider to terminate the contract without notice, without a reduction in the agreed fee for the accommodation provider.
• The accommodation provider has the right to settle or make interim settlements of their services at any time.

OBLIGATIONS OF THE ACCOMMODATION PROVIDER

• The accommodation provider is obligated to provide the agreed services to an extent corresponding to their standard.
• Special services provided by the accommodation provider that are not included in the accommodation fee will be billed separately.

LIABILITY OF THE ACCOMMODATION PROVIDER FOR DAMAGE TO BROUGHT-IN ITEMS

• The accommodation provider is not liable for items brought in by the contracting party.
• Consequential or indirect damages and lost profits are not compensated under any circumstances.
• The accommodation provider is not liable for valuables, money, and securities.

LIMITATION OF LIABILITY

• The accommodation provider’s liability for minor negligence, except for personal injury, is excluded for the contracting party.
• Participation in various leisure activities within the accommodation provider’s offer structure is the responsibility of the contracting party and occurs at their own risk. Legal guardians are responsible for supervising children in the apartment and common areas.
• The contracting party is advised to check devices and vehicles before use. The accommodation provider is only liable for accidents occurring during leisure activities if there is direct fault. Parents are liable for their children.
• For complimentary transportation of persons and luggage, the accommodation provider’s liability for personal and property damage is limited to the statutory vehicle insurance. Liability for losses and delays is entirely excluded. The accommodation provider must be held harmless by the contracting party.

PET POLICY

• Pets are not permitted inside the apartment or in the pool area.

LOST PROPERTY

• Lost property can be sent back upon request at the full cost of shipping.
• Items found will be disposed of after 1 month without compensation.
• Liability for loss, delay, or damage is excluded in any case.

EXTENSION OF STAY

• The contracting party has no right to extend their stay. If the contracting party announces their wish to extend their stay in time, the accommodation provider may agree to extend the accommodation contract. The accommodation provider is under no obligation to do so.
• If the contracting party cannot leave the accommodation on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances, the accommodation contract will be automatically extended for the duration of the impossibility of departure.
• A reduction in the fee for this period may only be possible if the contracting party cannot fully utilize the offered services of the accommodation due to exceptional weather conditions. The accommodation provider is entitled to demand at least the usual fee.

TERMINATION OF THE ACCOMMODATION CONTRACT — EARLY TERMINATION

• If the accommodation contract was concluded for a fixed term, it ends upon expiration. If the contracting party departs early, the accommodation provider is entitled to demand the full agreed fee.
• The contract terminates with the death of a guest.
• If the accommodation contract was concluded for an indefinite term, either party may terminate the contract up to 10:00 AM on the third day before the intended end of the contract.
• The accommodation provider is entitled to terminate the accommodation contract immediately for a significant reason, particularly if the contracting party or guest makes significantly adverse use of the premises or, through their reckless, offensive, or otherwise grossly inappropriate behavior, harms other guests, the owner, their staff, or any third parties residing in the accommodation or engages in an act punishable against property, morality, or physical safety;
  • is affected by a contagious disease or a disease that continues beyond the accommodation period, or otherwise requires care;
  • fails to pay presented invoices upon due date.
• If fulfillment of the contract becomes impossible due to an event considered force majeure (e.g., natural disasters, strikes, lockouts, official orders), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already considered terminated by law or the accommodation provider is relieved of their accommodation obligation. Any claims for damages, etc., by the contracting party are excluded.

DEATH OF THE GUEST

• The accommodation provider is liable to the contracting party and the guest or, in the event of death, to their legal successors for the following costs: any
  • outstanding medical costs, costs for medical transport, medication, and medical aids
  • any other damages incurred by the accommodation provider.

PLACE OF PERFORMANCE, JURISDICTION, AND CHOICE OF LAW

• The place of performance is the location of the accommodation facility.
• This contract is governed by Croatian formal and substantive law, considering Regulation (EC) No. 593/2008.
• The jurisdiction is at the nearest court to the accommodation facility, although the accommodation provider is also entitled to assert their rights before any other locally and materially competent court.

OTHER PROVISIONS

• Unless otherwise specified in the above provisions, a deadline begins with the delivery of the document specifying the deadline to the contracting parties, who must observe the deadline. When calculating a deadline determined by days, the day on which the event or deadline falls is not included. Deadlines determined by weeks or months refer to the day of the week or month corresponding to the day from which the deadline is to be counted. If this day is not present in the month, the last day of the month is decisive.
• Statements must be received by the other contracting party on the last day of the deadline.
• The accommodation provider is entitled to offset their own claims against the contracting party’s claims. The contracting party is not entitled to offset their own claims against the accommodation provider’s claims unless the accommodation provider is insolvent or the contracting party’s claim is legally established or acknowledged by the accommodation provider.
• In the event of regulatory gaps, the relevant legal provisions apply.
• Any information is provided without guarantee.
• Correction of errors as well as printing and calculation mistakes is reserved.
• Verbal agreements are only effective when confirmed in writing by the accommodation provider.
• If any of the above provisions are or become invalid, this does not affect the validity of the remaining provisions. Instead of the invalid provision, a valid regulation that comes as close as possible to the invalid provision applies.
• Between 10:00 PM and 7:00 AM, please respect the quiet hours and avoid disturbing other guests with excessive noise. Persons violating quiet hours may be refused further stays and possibly banned from the premises.
• Our terraces, balconies, garden, and other common areas are subject to a strict no-nudity policy to avoid disturbing other guests. No reduction in the agreed fee will be provided for early departure due to this policy.

Version 08.06.2024