GENERAL TERMS AND CONDITIONS FOR HOMEOWNERS

This website, as well as its subdomains and accompanying printed materials (hereinafter referred to as “the Site”) are owned by DIRECT BOOKER doo, Vukovarska 9, 20000 DUBROVNIK, Croatia TAX ID: 60894893161, COMPANY CODE: HR-AB-20- 19010104589 (hereinafter referred to as DIRECT BOOKER). By using this site, i.e, any of the services, products or information contained therein, you agree to these terms and conditions of use and other notices herein. If you do not agree with the above, please do not use it.

GENERAL

  • These General Terms and Conditions apply to the Homeowner (defined below), Direct Booker (defined below) and Belvilla (defined below), together referred to as the Parties and each separately as the Party.
  • These General Terms and Conditions shall prevail and supersede any conflicting terms agreed to by the Homeowner and the Contract on Intermediation, Marketing and Representation of Booking of Accommodation Unit(s).
  • Belvilla rents out the Property (defined below) as a tour operator for recreational private use of the Guest (defined below) on behalf of the Homeowner, whereby the lease is concluded between Belvilla AG and the Homeowner and sub-lease between Belvilla and the Guest. Belvilla also provides other services such as tour excursions, etc. to the Guest as part of the tour package.
  • Belvilla enables Homeowners to attain higher economic advantages by renting out their Properties via Belvilla, which markets and provides the Properties to a broader public using Websites (defined below) and internal algorithms and to try to increase occupancy rate and the rent.
  • The Parties enter into an Agreement (defined below) on a professional basis only and they do not act as a consumer in this regard.

DEFINITIONS

    • Additional Costs: Costs for additional items and services, which are charged and paid upfront or paid on-site by the Guest to Belvilla, as specified in the Sale Invoice, e.g. cleaning costs, linen, electricity and tourist tax.
    • Agreement: The agreement between the Parties for the letting of the Property, which includes these General Terms and Conditions,  Contract on Intermediation, Marketing and Representation of Booking of Accommodation Unit(s) and any other agreed document between the Parties.
    • Belvilla: Belvilla AG, a company incorporated under the Swiss law and having  address at: Dufourstrasse 49, 8008 Zurich, Switzerland; VAT number: CHE-354.410.263 MWST; Chamber of Commerce number: CHE-354.410.263.
    • Booking: The reservation of a Property that is blocked as a rental period.
    • Direct Booker: Direct Booker d.o.o., organized and existing under the laws of the Republic of Croatia, having its registered office in Dubrovnik (City of Dubrovnik), Vukovarska 9, registered with the Commercial Court of Dubrovnik under registration number (MBS): 060285778, PIN: 60894893161.
    • Force Majeure Event: Means any event, including but not limited to fire, flood, earthquake or acts of God, war, embargo, riot, civil disorder, rebellion, revolution and a pandemic, which is beyond a party’s control. This shall not include issues directly related to the Property.
    • Guest: A person that rents the Property and/or any other person connected to this person staying at the Property, as applicable.
    • Homeowner: A natural or legal person that enters into Contract on Intermediation, Marketing and Representation of Booking of Accommodation Unit(s) with the Renter acting as the landlord of the Property and who is entitled or authorised to have that Property at their disposal and let it to Belvilla for subletting to third parties.
    • OTA: Online travel agencies, which are considered to be a partner of Belvilla.
    • Property: The immovable property including the fixtures, garden and/or other facilities, let by the Homeowner to Belvilla as holiday accommodation for subletting to third parties for recreational private use by such third parties.
    • Rent: The amount charged to the Guest for renting the Property as calculated in accordance with the Agreement excluding but not limited to additional costs such as booking fees and insurance costs.
    • Sale Invoice: Written confirmation of the Booking and full payment provided by Belvilla to the Guest, specifying the rented Property, the period of stay, the number of Guests and any other relevant information.
    • Website: Website(s) operated under Belvilla brand names and/or Group Companies of Belvilla as well as websites of OTAs with which Belvilla have entered into agreements in order to increase the commercial reach for letting the Property.

NATURE OF THE AGREEMENT

    • Belvilla rents out the Property as a tour operator on behalf of the Homeowner, but in its own name as a principal or an undisclosed agent, exclusively for recreational private use or office use to a third party for a short-term stay.
    • Belvilla has exclusivity to rent out the Property and is authorised to accept bookings of the Property for a maximum period of 12 months in advance. The Property will be placed on the Website for the purpose of letting only after receipt of all required information from the Homeowner.

TERM AND TERMINATION

    • These General Terms and Conditions are co-terminus with the duration of the Contract on Intermediation, Marketing and Representation of Booking of Accommodation Unit(s).
    • Belvilla may terminate the Agreement immediately if the Homeowner breaches or fails to comply with their obligations under the Agreement.

PRICE, PAYMENTS, CANCELLATIONS AND OTHER PROVISIONS

    • After the Guest has paid the Rent and the Sale Invoice has been issued to the Guest, Belvilla will send the Homeowner a payment statement, basis the Homeowner’s invoice, showing the amount Belvilla has to pay or receive from the Homeowner together with any Additional Costs it has collected on the Homeowner’s behalf.
    • Following receipt of the Rent from the Guest, Belvilla shall within one month of receiving such Rent from the Guest, pay the adjusted amount to the Homeowner, net of any and all payments due to local taxes/levies and other costs which are for the account of the Homeowner, if such payments are carried out by Belvilla on behalf of the Homeowner or where Belvilla is required by law. Belvilla shall pay the Homeowner the adjusted amount only if and insofar Belvilla has received the total Rent from the Guest.
    • A Booking of the Property may be cancelled by Belvilla free of charge and without being liable to pay any compensation in the event that:
      • Belvilla has not issued a Sale Invoice;
      • The Property cannot be reached or essential aspects (water, electricity, garden, sanitary fittings, swimming pool, etc.) are not functioning properly;
      • The Guest does not fulfil its payment obligations;
      • There are circumstances that materially affect the stay of the Guest.

RIGHTS AND OBLIGATIONS OF BELVILLA AG

    • Belvilla shall publish the Property along with its location on the Website and provides no guarantee regarding the uptime of the Website.
    • Belvilla will handle the administrative and financial aspects of the booking process of the Property, either directly or with the help of third parties.
    • Belvilla reserves the right to run additional discounts and promotions for the Property on any channels. If Belvilla and the Homeowner agree on dynamic pricing then the burden of any discount and/or promotion campaign will be shared between parties.
    • Belvilla may request the Guest to complete a survey or review about the Booking. Belvilla is entitled to publish all or some of the reviews on the Website.

OTA

    • The Homeowner authorises Belvilla to offer the Property via the OTA-platforms.
    • All listings of the Property on any OTA-platform will be branded as and managed by Belvilla from the commencement date of this General Terms and Conditions.
    • Belvilla reserves the right to refusing to put the Property live until all the invoices are paid.

INTELLECTUAL PROPERTY & PRIVACY

    • The Homeowner acknowledges Belvilla’s exclusive ownership of its intellectual property rights. The Homeowner shall not at any time do or cause to be done, or fail to do, any act or thing, directly or indirectly, impairing Belvilla’s right or interest in such intellectual property rights.
    • The Homeowner shall notify Belvilla without delay of any infringement of the intellectual property rights of Belvilla.
    • The Homeowner must ensure that all material that is supplied for use by Belvilla e.g. photos, will not infringe any third-party rights and is suitable for unlimited use in Belvilla’s media and promotion channels.
    • Belvilla holds the copyright of all the material, including audio-visual material and property and amenities descriptions that it makes, or that is made on its instructions, of the Property. The Homeowner is not entitled to use, copy or provide these materials of the Property to third parties without Belvilla’s express, written consent.
    • If the Homeowner at the request or under the responsibility of Belvilla provides to Belvilla personal data (of themselves or the Guests), Belvilla qualifies as a controller as defined in the GDPR.
    • The Homeowner shall ensure that any of its employees, caretaker/managers, contractors, business partners whosoever, who may need to get access to any of Belvilla’s intellectual property rights or any personal data of the Guests shall comply with the same obligations under this clause.

CONFIDENTIALITY

    • The Homeowner shall protect the confidentiality of all trade secrets and confidential information of Belvilla including but not limited to all business information of Belvilla that the Homeowner has acquired in any way (hereinafter ‘Trade Secrets’). The Homeowner shall not acquire, use or disclose Trade Secrets outside the scope of the Agreement.
    • The Homeowner may disclose Trade Secrets only to its employees, independent contractors or other third parties who have a need to know such information to fulfil the obligations of the Homeowner under the Agreement and under the condition that such employees, independent contractors or other third parties have entered into an obligation to not acquire, use or disclose Trade Secrets under the terms of a written agreement which is no less restrictive or comprehensive than contained in this clause.

THE ACCURACY AND RELIABILITY OF THE DATA PAGE

DIRECT BOOKER undertakes to take all reasonable measures regarding the provision of accurate and high quality information and does not respond to inaccurate information from Homeowners regarding their promotional materials.  Homeowner is required to provide accurate and true information about their services and to guarantee their safety, quality and legality.

RIGHT OF EXCLUSION

If there is no compensation for the service defined under these terms, or if the material you submit is in conflict with the law, and if we estimate that third parties are causing any damage in any way, we reserve the right to remove the site without further explanation and without any obligation to do so. In the event that a site user violates the General Terms and Conditions of Use, we reserve the right to remove the page without further explanation and without any obligation to the same.

RULE OF LIABILITY

Neither Direct Booker nor Belvilla are liable for any damage suffered by a Guest or a person related to it or in connection with items / objects owned or in possession by the Guest (whether the damage is caused in relation to the Property or integrity / health of the Guest, regardless of the cause and source of damage).

By using this Site, the user waives any right to claim such damages against Direct Booker and/or Belvilla.

APPLICABLE LAW

    • This Agreement in its entirety, all disputes arising from it and all related matters (“Dispute”) are exclusively governed by the laws of Croatia, to the exclusion of any conflict of law provisions.
    • All disputes that arise out of, or in connection with this Agreement, including its implementation and interpretation, shall be resolved between the Parties amicably within 15 days from the Dispute notice being sent by one party to the other. If the Parties fail to resolve the dispute within the aforementioned timeline then the dispute will be submitted exclusively to the competent courts of Zagreb, Croatia.

FORCE MAJEURE

    • Neither party will be liable to the other party for any delay or non-performance of its obligations under this Agreement to the extent it arises from a Force Majeure Event subject to the affected party: (i) promptly notifying the other party in writing of the cause of the delay or non-performance and the likely duration of the delay or non-performance; and (ii) using its best endeavours to limit the effect of the delay or non-performance on the other party.
    • If performance is not resumed within 7 days after the commencement of the Force Majeure Event or within 24 hours if the Force Majeure Event is within 14 days of the arrival date of a Booking, Belvilla may terminate this Agreement or a Booking(s) immediately by giving written notice to the Homeowner.

MISCELLANEOUS

    • If any term of this Agreement is deemed invalid or unenforceable the validity of other provisions or requirements shall however not be affected and shall be enforced and remain in full force and effect. The Homeowner and Belvilla shall negotiate and agree on new provisions to replace the invalid ones.
    • These General Terms and Conditions are published in English and Croatian languages. In the event of any discrepancy between the two versions, the English version shall prevail.
    • Changing these Terms and Conditions of Business

We reserve the right to change these advertising terms and conditions, as well as other terms and conditions without prior notice.

For all information regarding these terms and conditions please contact us by email info@direct-booker.com or at:

DIRECT BOOKER d.o.o., travel agency

Vukovarska 9, 20000 Dubrovnik, Croatia
TAX ID: 60894893161, COMPANY CODE: HR-AB-20-19010104589
Tel: +385 (0) 20 638 194, Fax: +385 (0) 20 638 197