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Terms & Conditions

To use services related to Sentio Villa

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) set out the general terms and conditions for the use of accommodation and other services related to the accommodation facility (Sentio Villa) operated by the Service Provider.

1.2. Provider’s Data

Sentio Properties d.o.o.

Registered office:

Croatia, 10000 Zagreb, Miramarska Cesta 24

VAT Number: 02458290790

MBS Number: 081428819

Represented by: Árpád Könye, Managing Director;

Telephone number: +‭36 70 336 6772‬;

E-mail: info@sentio.estate;

Website: sentiovilla.com;

1.3. In addition to such persons, the scope of the GTC also extends to visitors to and users of the website https://sentiovilla.com/ (hereinafter referred to as the “Website”).

1.4. The T&Cs form an integral part of the service contract between the Service Provider and the Guest for accommodation and other related services (hereinafter referred to as the “Service Contract”).

2. Definitions

The following terms used in the GTC and/or the Service Agreement shall have the following meanings:

2.1. Offer: an offer made by the Service Provider electronically to enter into a Service Contract.

2.2. Request for Quotation: the request for quotation is made by the Customer by filling in the electronic form on the Website.

2.3. bank account: the Service Provider’s payment account with ERSTE & STEIERMÄRKISCHE BANK d.d. Rijeka at HR7424020061101088667.

2.4. Price: the fee payable by the Guest for the use of the Service. The Price shall be the daily villa price (the price for the use of the Service per guest night) indicated on the Website multiplied by the number of guest nights specified in the Request for Quotation.

2.5. Guest: the person or entity concluding the Service Contract with the Service Provider.

2.6. Parties: the joint designation of the Service Provider and the Guest concluding the Service Contract.

2.7. Website: the website https://sentiovilla.com/, including its sub-sites.

2.8. Civil Code: Act V of 2013 on the Civil Code.

2.9. Extraordinary Events: events as defined in Chapter 6 of the GTC.

2.10. Accommodation Service: the provision of accommodation for a stay of a non-permanent nature, including overnight accommodation and rest, within the framework of commercial economic activity, and the provision of other services directly related to the provision of such accommodation (Article 2, Section 23 of Act CLXIV of 2005 on Trade). The Service Provider shall provide the Accommodation Service at the Accommodation.

2.11. Accommodation: the Sentio Villa, located in Croatia, 51418 Sv. Jelena, Spingaroli 3G (Moscenicka Draga) Primorsko Goranza

2.12. Service: the combined term for the Accommodation Service and other services closely related to the Accommodation Service advertised by the Service Provider on the Website. The Service expressly excludes the rental of boats or vehicles.

2.13. Service Contract: an agreement between the Parties concluded by electronic means, the subject matter of which is the Service.

2.14. Service Provider: the company Sentio Properties d.o.o. operating the Accommodation.

2.15. Hosting:

Our website is hosted by Hostinger, a third-party hosting service provider. Hostinger is located at:

Hostinger International Ltd. 61 Lordou Vironos Street, 6023 Larnaca, Cyprus.

2.16. Responsibility and Liability

While our website is hosted by Hostinger, BALDO is solely responsible for the content, management, and maintenance of the site. Hostinger is not responsible for the content posted on the site, nor the interactions users have with the site. Any issues or concerns related to the website should be directed to BALDO at dev@baldo.agency.

2.17. Data Security

We take the security of our users’ data seriously. Our hosting provider, Hostinger, employs industry-standard security measures to protect our site and its data. However, it is important to note that no system is entirely foolproof. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

2.18. Third-Party Services

Our website may utilize third-party services or plugins in addition to the hosting provided by Hostinger. These third-party services have their own terms and conditions and privacy policies, which we encourage you to review.

2.19. Changes and Updates

We reserve the right to change our hosting provider or update our hosting arrangements as necessary. Significant changes to our hosting arrangements will be communicated to our users through appropriate channels, such as email notifications or announcements on our website.

If you have any questions or concerns about our hosting arrangements, please contact us at info@sentio.esate.

3. Establishment of the Service Contract

3.1. The current terms and conditions for the use of the Accommodation and the provision of the Service are set out on the Website and in the GTC.

3.2. The contract shall be concluded in English and Croatian, in case of any discrepancy between the two language versions, the Croatian version shall prevail.

3.3. The Request for Proposal shall contain at least the following:

  • 3.3.1. the duration of the Accommodation Service, i.e. the date of arrival (hereinafter referred to as the “Arrival Date”) and the date of departure (hereinafter referred to as the “Departure Date”),
  • 3.3.2. the name of the Guest,
  • 3.3.3. the Guest’s address or registered office,
  • 3.3.4. in the case of a Guest who is not a natural person, the Guest’s tax number,
  • 3.3.5. the Guest’s e-mail address,
  • 3.3.6. the Guest’s telephone number,
  • 3.3.7. the number of Guests.

3.4. By sending the Request for Proposal, the Guest declares that it has read the provisions of the GTC and acknowledges that it is bound by its contents.

3.5. The Service Provider shall send the Guest an electronic Offer within 48 (forty-eight) hours of receipt of the Request for Offer. The Offer shall include the Guest’s identification details, the Price (the current daily villa price on the Website multiplied by the number of nights specified in the Request for Offer), and other relevant terms and conditions specified by the Supplier.

3.6. If any additional data or information is required for the submission of the Offer, the Supplier shall notify the Guest electronically within 48 (forty-eight) hours of receipt of the Request for Offer. The notification shall not constitute an Offer. The Guest shall be entitled to send a new Request for Quotation on the basis of the notification by the Supplier, provided that any missing data is made available.

3.7. The Guest shall have 48 (forty-eight) hours from the receipt of the Offer to accept the Offer (binding offer). Failure to send the acceptance notification within the time limit shall exempt the Service Provider from the binding offer.

3.8. If the Guest wishes to accept the Offer with a different content, the Guest shall notify the Service Provider of this within 48 (forty-eight) hours of receipt of the Offer by electronic means. In this case, the Service Contract shall not be concluded and the Guest’s notification shall be deemed to be a new Request for Proposal.

3.9. The Service Contract shall be concluded when the Guest accepts the Offer by sending an electronic notification to the Service Provider. The Service Provider shall send a confirmation of the conclusion of the Service Contract to the Guest within 48 (forty-eight) hours of the acceptance of the Offer.

3.10. If the Guest fails to accept or is late in accepting the Service Provider’s Offer during the period of the Service Provider’s obligation to make an Offer, but pays the Price in accordance with Chapter 4 of the GTC, the Service Contract shall be concluded between the Parties with the content of the Offer sent by the Service Provider. The Service Provider shall send the Guest a confirmation of the conclusion of the Service Contract within 48 (forty-eight) hours of the date on which the Price is credited to the Guest’s Bank Account.

3.11. The Service Agreement is for a fixed term. The Service Provider is subject to the provisions of Eker tv. 5 (1) (b) of the Service Contract, the Service Provider informs the Customer that the Service Contract is not considered to be in writing and will not be registered.

3.12. All confirmations and notifications addressed to the Guest under this Chapter shall be sent to the e-mail address provided by the Guest, and the Service Provider shall send any confirmation or notification addressed to the Guest to the e-mail address of the Service Provider. The confirmation or notification shall be deemed to be received when it is made available to the recipient.

3.13. In the event of a dispute between the Parties regarding the conclusion of the Service Contract or its content and the termination of the Service Contract, the party who invokes the conclusion of the Service Contract and/or its specific content and the termination of the Service Contract shall be responsible for proving the conclusion of the Service Contract and/or its specific content and the termination of the Service Contract.

4. Payment of the Price

4.1. The Service Provider shall only be obliged to start providing the Service if the Guest has paid the full amount of the Price to the Service Provider within the time limit.

4.2. The Guest shall pay the Price within 2 (two) working days of the acceptance of the Offer or, if there are less than 2 (two) working days between the acceptance of the Offer and the Arrival Date, by transfer to the Service Provider’s bank account no later than the Arrival Date. The Price shall be payable in Euros or HUF. The payment date shall be the date of crediting the Price to the Bank Account.

4.3. The Service Provider will send a confirmation of the payment of the Price and the finalization of the Service Contract to the Guest within 48 (forty-eight) hours of the payment of the Price. If the Price is paid after the payment deadline, the Service Contract shall not be finalized, and the Service Contract shall be automatically terminated without notice. If the Service Contract is terminated this way, the Guest shall not be entitled to use the Service. An exception to this shall be if the Service Provider sends a confirmation of the finalization of the Service Contract to the Guest within 48 (forty-eight) hours from the date of crediting the amount of the Price to the Bank Account, in which case the Service Contract shall be finalized.

4.4. The Guest acknowledges that the Price shall include the Service Fee and the rate of VAT established by the legislation in force, but shall not include the rate of tourist tax established by the local municipality, which shall be charged separately by the applicable legislation.

4.5. The Service Provider is free to change the amount of the advertised price without prior notice, but the change does not affect the amount already included in the Service Contract. The current Price is always available on the Website.

4.6. The Service Provider shall issue an invoice for the amount of the Price by the provisions of the applicable legislation.

 

5. Rights and obligations of the parties

5.1. Under the Service Agreement, the Parties shall have the rights and obligations primarily set forth in this Section.

5.2. The Guest is entitled under the Service Agreement to

  • 5.2.1. to occupy the Accommodation with the number of Guests specified in the Service Contract from 14:00 on the Arrival Date (check-in),
  • 5.2.2. use the Accommodation and its facilities (fireplace, Spa, steam room, gym) as intended,
  • 5.2.3. to use the Services provided by the Service Provider at the Accommodation.

5.3. The Guest is obliged under the Service Contract to.

  • 5.3.1. to comply with the provisions of the Service Contract, the GTC, and the provisions of the various house rules that may be in force at the Service Provider and the applicable legislation during the stay at the Accommodation and the use of the Services,
  • 5.3.2. pay the Price specified in the Service Contract in advance by the date and in the manner specified in the GTC,
  • 5.3.3. leave the rooms of the Accommodation no later than 11:00 a.m. on the Check-out Date,
  • 5.3.4. to ensure that any child under the age of 14 under their responsibility is only under the supervision of an adult in any room of the Accommodation, including common areas.
  • 5.3.5. to refrain from any act which is manifestly contrary to the peaceful enjoyment and quiet enjoyment of the Accommodation or otherwise contrary to the requirements of human coexistence, scandalous or intolerable conduct, misconduct, or criminal offense.

5.4. The Service Provider is entitled under the Service Contract to

  • 5.4.1. The Price,
  • 5.4.2. to enforce a lien on the Guest’s property which the Guest has brought with him/her to the Accommodation (statutory lien) to secure the amount of the Price or any other claim,
  • 5.4.3. in the event of an Extraordinary Occurrence as defined in Chapter 6 of the GTC, act in accordance with the terms and conditions set out therein.
  • 5.4.4. to instruct the Guest(s) in the correct order.

5.5. The Service Provider is obliged under the Service Contract to.

  • 5.5.1. to provide the Service to the Guest in accordance with the Service Contract and the GTC,
  • 5.5.2. take all measures necessary for the uninterrupted provision of the Service.
  • 5.5.3. to refund the Price if the conditions for refund of the Price are met in accordance with the provisions of the GTC.

6. Extraordinary Events

The Guest acknowledges and agrees that in the event of an Extraordinary Event as set out below, the Service Provider will act as follows:

6.1. Failure to use the Service

  • 6.1.1. In the case of a Guest who fails to arrive on the Arrival Date, if the Service Provider has provided the opportunity to use the Service, the Service Provider shall be entitled to retain the amount of the Price. In such case, the Guest shall not be entitled to a refund of the Price.
  • 6.1.2. The Guest shall be obliged to prove that he/she was not able to use the Service.
  • 6.1.3. If the Guest fails to notify the Service Provider of the failure to use the Service on the Arrival Date, the Service Provider shall be entitled to sell the vacant Accommodation to another person as of the day following the Arrival Date. The Service Provider shall be entitled to retain the full amount of the Price even in the event of re-sale of the Accommodation, and the Guest shall not be entitled to a refund.
  • 6.1.4. In the case of a notice sent within the time limit, the Service Provider shall be obliged to ensure the use of the Service until the date specified in the notice, but not later than the Check-Out Date.

6.2. Early departure

  • 6.2.1. If the Guest leaves the Accommodation permanently before the end of the period specified in the Service Contract (i.e. the Check-Out Date), the Guest may not claim any part of the Price or any part thereof.
  • 6.2.2. The Service Provider shall be entitled to resell the Accommodation which becomes vacant before the Check-out Date. The Guest shall not be entitled to a refund of the Price or part of the Price in the event of the resale of the Accommodation.

6.3. Cancellation

  • 6.3.1. After the Service Contract has been finalised, the Guest may not cancel the Service or withdraw from the Service Contract. Cancellation of the Service shall constitute a failure to use the Service as set out in clause 6.1 of the GTC, in which case the Service Provider shall be entitled to the full amount of the Price set out in the Service Contract.
  • 6.3.2. If the Guest is unable to use the Service according to the notification sent no later than 3 (three) days before the Arrival Date, the Service Provider will offer the possibility to choose a new date 1 (one) time within the calendar year. In the event of failure to meet the notification deadline set out in this clause, the Service Provider shall not be obliged to offer the possibility to use the Service at a different time. If the Customer does not accept the appointment offered by the Service Provider or if, in the event of failure to meet the deadline set out in this clause, the Service Provider does not offer an alternative appointment at its discretion, the rules on non-use of the Service shall apply.

6.4. Excess use

  • 6.4.1. In the event that the Guest(s) and the guests do not leave the Accommodation by the deadline (i.e. by 11:00 a.m. on the day of Check-out), the Service Provider shall be entitled to charge the Guest for the additional use of the Accommodation for each day of additional use, at the same rate as the Price advertised on the Website at the beginning of the Check-out day.
  • 6.4.2. The fee for additional use shall become due at the same time as the additional use.
  • 6.4.3. The right of extra use shall only be granted to the Guest if the Service Provider has given its prior consent in accordance with clause 6.5, failing which the extra use shall be considered a serious breach of contract. In such a case, the Guest shall pay a penalty for each day of excess use, the amount of which shall be equal to the Price advertised on the Website at the beginning of the Day of Absence.

6.5. Extension

  • 6.5.1. Extension means an extension of the Service Contract by at least 1 night in advance.
  • 6.5.2. In all cases, the extension of the Service initiated by the Guest requires the prior consent of the Service Provider.
  • 6.5.3. If the Service Provider accepts the extension request, it may request that a new Service Contract be concluded for the extension period.
  • 6.5.4. The amount of the Price shall be the amount of the Price advertised on the Website at the commencement of the original Termination Date.
  • 6.5.5. The Customer must submit a request for an extension of the Service to the Service Provider no later than 11:00 a.m. on the Day of Absence. If the deadline is not met, if the Guest(s) are not considered to have left the Service by the deadline on the Departure Date.

7. Termination of the Service Contract

7.1. The Service Contract shall terminate upon its contractual performance.

7.2. The Parties may terminate the Service Agreement at any time by mutual agreement.

7.3. The Service Contract may not be terminated by rescission or ordinary termination. The Guest, who is a consumer, shall not be entitled to the right of withdrawal pursuant to Article 20 of the Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses (hereinafter referred to as “Government Decree”), pursuant to Article 29 (1) (l)) of the Government Decree.

7.4. The Guest shall be entitled to terminate the Service Contract with immediate effect by giving notice of termination in the event that

  • 7.4.1. the Service is provided by the Service Provider in a manner that seriously infringes the provisions of the contract and the contractual condition is not ensured despite the Service Provider’s request,
  • 7.4.2. the Service Provider, or any person acting for or on behalf of the Service Provider, engages in conduct which is manifestly contrary to the peaceful stay and quiet enjoyment of the Accommodation or to the requirements of human coexistence, or is flagrant or intolerable, and fails to remedy the same despite the Service Provider’s request to do so.

7.5. The Service Provider shall be entitled to terminate the Contract with immediate effect by means of an extraordinary notice of termination in the event that

  • 7.5.1. any damage to and/or misuse of the Accommodation or its surroundings, fixtures, fittings, other movable property or real estate owned or possessed by the Service Provider, by the Guest or any guest using the Service, and failure to stop such damage or misuse despite notice,
  • 7.5.2. any Guest or any other person using the Service fails to comply with the Service Provider’s rules or safety regulations or otherwise engages in threatening, abusive or otherwise unacceptable behaviour, or engages in any conduct contrary to the requirements of peaceful enjoyment, relaxation and human coexistence, or in any scandalous or intolerable behaviour, and fails to cease and desist from such conduct despite being requested to do so,
  • 7.5.3. commits any offence or criminal offence by any Guest or any guest using the Service,

  • 7.5.4. an Exceptional Event as defined in Chapter 6 of the GTCF occurs in the sole discretion of the Service Provider,
    provided that, in the case referred to in subsections 7.5.1 to 7.5.3 above, termination with immediate effect need not be preceded by a prior notice if the conduct complained of is of such gravity that the Service Provider cannot be expected to continue the Contract.

 

7.6. If the Service Contract has been terminated by the Guest by way of extraordinary termination for one of the reasons set out above, the unused Service Price (i.e. the price for the days on which the Guest(s) are no longer permanently staying at the Accommodation) shall be refunded. For the purposes of the Service, each day started shall be considered as a Service used.

7.7. If the Service Contract is terminated by the Service Provider by way of extraordinary termination, the Service Provider shall be entitled to retain the amount of the Price. The Customer shall not be entitled to claim repayment of the Price or part of the Price, irrespective of the use of the Service.

7.8. Irrespective of which party terminates the Service Contract by extraordinary notice, the Guest and the guests using the Service shall leave the Accommodation immediately.

 

8. Handling complaints

8.1. The Guest may communicate to the Service Provider any complaint concerning the conduct, activity or omission of the Service Provider or any person acting in the Service Provider’s interest or for the Service Provider’s benefit, the quality or failure to provide the Service, or the quality of the Accommodation, or any complaint concerning the quality of the Service or the quality of the Accommodation, orally or in writing, at the latest on the Check-Out Date, using one of the contact details (telephone number, e-mail address) specified in the Service Provider’s GTC.

8.2. In the event of a complaint not settled by the Parties, the Guest, being a consumer, shall be entitled to initiate proceedings before the consumer protection authority or the conciliation body competent for the place of establishment of the Service Provider.

9. Liability for damages

9.1. The Service Provider shall be liable for any damage caused to the Guest due to the fault of the Service Provider’s employees or person(s) acting on behalf of the Service Provider within the Accommodation. The Service Provider shall not be liable to pay compensation for damage resulting from the Guest’s culpable failure to comply with his/her obligations to repair, prevent or remedy damage.

9.2. The Service Provider shall be entitled to designate rooms in the Accommodation to which the Guest is not entitled to enter. The Service Provider shall not be liable for any damages occurring in such places, given that they are the result of the Guest’s fault.

9.3. The Service Provider shall be liable for damage suffered by the Guest as a result of the loss, destruction or damage to the Guest’s belongings only if the Guest has placed the damaged belongings in a safe provided by the Service Provider in his/her bedroom. The Supplier shall provide a safe in each bedroom of the Accommodation for the safekeeping of the Guest’s belongings. The Service Provider’s liability for damages under this clause is governed by the Civil Code. 6:369 (1) of the Civil Code shall be limited to fifty times the daily price of the forklift as the basis of the Price. The rules for exemption from liability for damages under this clause shall be governed by the general rules of the Civil Code.

9.4. The Guest shall report any damage suffered by him/her to the Service Provider immediately upon discovery and shall provide the Service Provider with all necessary information required to clarify the circumstances of the damage and to record any report.

9.5. The Guest shall be liable for all damages caused by the Guest to the Service Provider or any other third party, regardless of whether the injured party has the right to claim compensation for his/her damages directly from the Service Provider. The Service Provider shall be entitled to claim from the Guest the full amount of any damages claimed by a third party against the Service Provider for the damage caused by the Guest.

9.6. The Guest shall be liable for any damage caused to the Service Provider during or in connection with the use of the Service by the Guests who are entitled to use the Service under the Service Contract.

9.7. The Guest and other users of, visitors to or interested in the Website acknowledge that they may use the Website solely at their own risk. The Service Provider shall not be liable for any damage caused to the Guest or other users, visitors or enquirers of the Website as a result of the use of the Website.

Management of Data

Data processing is governed by the provisions of the Privacy Policy currently in force on the Website.
Other provisions

11.1. If any provision of the GTC and/or the Service Agreement is found to be invalid, this shall not affect the validity of the other provisions of the GTC and/or the Service Agreement. The Parties shall take all measures, by way of interpretation or amendment, to replace the invalid provision with a new valid provision that is as consistent as possible with the purpose intended by the invalid provision.

11.2. The Service Provider shall be entitled to unilaterally modify at any time the information, offers and discounts relating to the provision of the Services and the relevant policy(ies), in the same way as the unilateral modification of the GTC, provided that such modifications shall not affect the content of the Service Contracts already concluded.

11.3. 5 (2) e) of the Service Provider informs the Guest that the Service Provider is not subject to the Code of Conduct.

11.4. The GTC and any amendments thereto shall enter into force on the date of publication on the Website. The provisions of the GTC shall apply to Service Contracts entered into on or after the date of publication. Unless otherwise provided, the GTC shall not apply to Service Contracts concluded before the date of publication on the Website. The version of the GTC in force at any time shall be permanently available on the Website.

11.5. During the term of the Service Contract and the GTC, the Parties shall act in their activities with due regard for the rights and interests of the other Party, without hindering or impeding the other Party’s operations, and shall make every effort to resolve any disputes arising in connection with the Service Contract by amicable means. In the absence of an amicable settlement, the Parties shall submit their dispute to the jurisdiction of the Croatian courts having jurisdiction and competence under Croatian law.

11.6. In matters not regulated in the GTC and/or the Service Contract, the provisions of the Croatian legislation in force at the time shall apply to the Service Provider’s activities, in particular the Civil Code, Act CLXIV of 2005 on Trade, and the provisions of Government Decree 239/2009 (X.20.) on the detailed conditions for the provision of accommodation services and the procedure for issuing accommodation operation licences.

Zagreb, 08 August 2024.

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