Terms & Conditions

Welcome to Villa Petra!

§ 1 Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) regulate the contractual relationship between Villa Petra (hereinafter provider) and you (hereinafter customer), in the version valid at the time the contract was concluded.

(2) Deviating terms and conditions of the customer will be rejected.

Please read these Terms carefully before using any of the Villa Petra services.

(3) At Villa Petra we offer you the following services:

Rental of the entire villa, except for the granny flat in the basement.

§ 2 Formation of the contract

(1) Contracts on this portal can only be concluded in German or English.

(2) The customer must have reached the age of 18.

(3) Access to the Villa Petra service requires registration.

(4) By registering, the customer accepts these General Terms and Conditions. With the registration, a contractual relationship between Villa Petra and the registered customer is created, which is based on the provisions of these General Terms and Conditions.

(5) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer to make an offer.

(6) By ordering a paid service, the registered customer enters into another contractual relationship with Villa Petra that is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective chargeable service and the terms of payment. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the “order with costs” button.

(7) You agree that you will receive invoices electronically. Electronic invoices will be made available to you via email. We will inform you for each service whether electronic billing is available.

§ 3 Description of the scope of services

The scope of services of Villa Petra consists of the following services:

Rental, handover and inspection of the villa, management of the agreed deposit.

§ 4 Prices and shipping costs

(1) A binding booking is required to use Villa Petra.

(2) If the user wants to use a chargeable service, he will be informed in advance about the chargeability. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.

(3) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.

§ 5 Terms of Payment

(1) An accruing fee is to be paid in advance, at the time it is due, without deduction to Villa Petra.

(2) Certain payment methods can be excluded by the provider in individual cases.

(3) The customer is not permitted to pay for the service by sending cheques.

(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider’s account within five calendar days of receipt of the order.

(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.

(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer gives the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs for this.

(8) If the customer is in default with the payment, the provider reserves the right to assert the damage caused by default.

(9) Processing can be carried out using the following means of payment:

-Paypal

• Instant bank transfer
• Payment in advance

§ 6 Registration and Termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB ), or because of theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.

(2) Subject to reservation, a user is entitled at any time to unsubscribe in writing by post, e-mail or telephone without giving a reason. At the same time, it is possible to completely and personally deactivate the user account within the data and settings. The previously concluded contractual relationship is thus terminated.

(3) If a user has registered for a paid service, he can cancel at least 60 days before the booking period. If this deadline is not met, the cancellation policy will apply. Cancellation is possible by phone, email or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the customer should be given.

(4) Villa Petra may terminate the contract at any time at its own discretion, with or without prior notice and without giving any reason. Villa Petra further reserves the right to remove profiles and/or any content posted on the website by or by the user. If Villa Petra terminates the user’s registration and/or removes the user’s profile or published content, Villa Petra is under no obligation to inform the user of the reason for the termination or removal.

(5) Following each termination of any individual use of Villa Petra’s services, Villa Petra reserves the right to send information about this to other registered users with whom Villa Petra assumes that they have been in contact with the user. Villa Petra’s decision to terminate the user’s registration and/or to notify other users with whom Villa Petra assumes that the user has been in contact does not imply or state that Villa Petra is making any statements about individual character, general reputation, personal characteristics or lifestyle.

(6) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such disclosures may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.

(7) If a user’s access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the expenses saved is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.

(8) After termination of the contractual relationship, all user data will be deleted by Villa Petra.

§ 7 Limitation of Liability (Services)

(1) Villa Petra assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customer or other content generated by the customer.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective ordering parties involved. Therefore, Villa Petra is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the Clients, including, without exception, the services received by a Seeker or payments due to Client, shall be addressed directly to the relevant party of the Client. Villa Petra cannot be held responsible for this and hereby expressly contradicts all possible liability claims of whatever kind, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, of whatever kind in connection with the mentioned matters.

(3) Villa Petra is only liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty by Villa Petra or an intentional or negligent breach of duty by a legal representative or vicarious agent of Villa Petra.

(4) Villa Petra Europe is only liable for other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Villa Petra or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Villa Petra.

(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the order value.

(6) Claims for damages based on injury to life, limb or health or freedom become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations ends at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware thereof without gross negligence (§ 199 Para.1 BGB).

(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.

§ 8 Set-off and right of retention

(1) The customer only has the right to offset if the counterclaim of the customer has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 9 cancellation policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of Withdrawal

You have the right to withdraw from this contract within 24 hours without giving a reason.

To exercise your right of withdrawal, you must tell us:

Villa Petra
Ulica Mate Vladića 144
Veliko Brdo
21300 Makarska
Croatia

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

(3) Consequences of revocation

If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract in comparison to the total scope of the services provided for in the contract.

(4) Exceptions to the Right of Withdrawal

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of cancellation does not exist or expires with the following contracts:

for services, if Villa Petra has provided them in full and you have acknowledged and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal if the contract has been completely fulfilled;

§ 10 data protection

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.

(3) Third parties are not authorized to use contact data for commercial activities if the provider has given the persons concerned prior written consent.

(4) You have the right to receive complete and free information from Villa Petra about the database concerning you at any time.

(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate data protection declaration.

§ 11 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).

(5) You can object to the storage of cookies. A banner is available to you for this purpose, which you can object to/accept.

(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

§ 12 Cancellation Policy:

100% refund if canceled within 24 hours of booking (only if there are at least 60 days left of the stay)
You will receive a 50% refund if you cancel at least 8 weeks before the arrival date.
You will receive a 25% refund if you cancel at least 4 weeks before the arrival date.
If you cancel later, no refund is possible.
In the event of no-show (NowShow) or early departure of the customer after check-in, a refund of the agreed price for all booked services is excluded.
Enter your travel dates to see the exact cancellation policy.

§ 13 Place of Jurisdiction and Applicable Law

(1) For differences of opinion and disputes arising from this contract, Croatia shall apply exclusively, to the exclusion of the UN Sales Convention.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 14 Final Provisions

(1) Contract language is German or English.

(2) We do not offer any products or services for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Villa Petra only with the involvement of a parent or legal guardian.

(3) If you breach these Terms and we do nothing about it, we shall still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale.

(4) We reserve the right to make changes to our website, regulations, conditions including these General Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and general terms and conditions in force at the time you place your order, unless a change to these terms is required by law or official order (in which case they will also apply to orders that you have previously placed). If any provision of these Terms of Sale is held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.