Rental Agreement Terms & Conditions
Introduction
Hvar Away Limited (Hvar Away) is a vacation rental management company operating on the island of Hvar, Croatia, with headquarters in the U.K. Hvar Away is dedicated to providing Guests with ideal accommodation and outstanding experiences on Hvar island, Croatia. This booking website created by Hvar Away allows Guests to perform online booking or reservations of properties managed, to variable extents, by Hvar Away.
All advertised Properties on this booking website are subject to a contract between Hvar Away and the Property owner(s), and the Properties have the appropriate licences issued by the competent state authorities. Properties marked as “Hvar Away Exclusive” are properties under exclusive management by Hvar Away, and are therefore not bookable via any other agency. All displayed properties are hand-selected and subject to personal inspection by Hvar Away to guarantee that they meet our standards and that the descriptions and photos displayed on this booking site are accurate.
Hvar Away’s team, including its service staff located in Croatia, are at Guests’ disposal 24/7 during their stay, and are committed to providing a high standard of personal service and satisfaction for Guests.
Definitions
Hvar Away
- Hvar Away Limited
- Sunset Lodge, 71 Hillrise Avenue
- Sompting, Lancing
- West Sussex
- BN15 0LT, U.K.
Company Number: 14477470
- Phone: +44 203 916 5615
- Email: hello@hvaraway.com
Property
The residential building advertised by Hvar Away that is authorised for rental and subject to a contract between Hvar Away and the owner(s) of the Property.
Guest
Individual(s) staying at the Property under agreements with Hvar Away.
Contract for the Property Rental
Reservations made by Guests are binding and an advance payment is required at the time of reservation. Upon receipt of this advance payment, the reservation is confirmed and the Contract for the Property Rental between the Property Owner and the Guest is executed, and the Rental Agreement Terms and Conditions (as set out herein) apply to the Contract for the Property Rental, and are deemed accepted. Hvar Away acts exclusively as an agent and is therefore liable only as an agent.
After the completion of the reservation process and payment by the Guest, Hvar Away shall send a written reservation confirmation by email to the Guest, which represents execution of the Contract for the Property Rental with the Property owner. Guests are responsible for checking this written reservation confirmation received from Hvar Away immediately on receipt and for contacting Hvar Away immediately if any information appears to be incorrect.
Rental Agreement Terms & Conditions
By paying the advance reservation payment for the selected Property, the Guest unconditionally accepts these Rental Agreement Terms and Conditions, as published on Hvar Away’s booking website booking.hvaraway.com
Payment Terms
For Property reservations made by Guests more than 60 days in advance of the check-in date, the following conditions shall apply:
- Advance payment of 50% of the total accommodation price (including all fees and taxes) is due for payment at the time of reservation.
- The remaining payment of 50% of the total accommodation price (including all fees and taxes) is due for payment no later than 60 days in advance of the check-in date. Hvar Away will email the Guest an invoice for this remaining balance no later than 70 days in advance of the check-in date.
For Property reservations made by Guests 60 days or less in advance of the check-in date, the following conditions shall apply:
- Advance payment of 100% of the total accommodation price (including all fees and taxes) is due for payment at the time of reservation.
The Guest is obliged to make payments within the time frames as set out above in these Rental Agreement Terms & Conditions. If the Guest does not make payment in accordance with the time frames as set out above, such action will be considered a severe breach of contract obligations, and in such circumstances, Hvar Away, as agents on behalf of the Property owner, reserves the right to terminate the Contract for Property Rental without a notice period.
Payments
All reservation payments are processed in euros (EUR) via Stripe. Stripe’s permitted payment methods are: debit/credit cards (including Visa, Mastercard, American Express, Diners, Discover) and wallets (including Apple Pay and Google Pay). It is not possible for Guests to make any reservation payments upon arrival, i.e. by cash or card.
Hvar Away is not responsible for any currency conversion charges or fees charged to the Guest by their bank or any other financial institution.
The accommodation price for the Property listed on Hvar Away’s booking website includes the costs of water, gas, power, and wifi, as well as bed linen, towels, consumables such as basic cooking amenities, bathroom cosmetics, and any maintenance of the Property and swimming pool (if appropriate) during the period of Guest stay. The accommodation price also includes application of Croatian VAT at a rate of 13% and all liabilities for payment of tourist (sojourn) tax on behalf of the Guest.
An additional fixed cleaning fee for the Property, as set out on Hvar Away’s booking website, is a mandatory charge applied to all reservations to cover the costs of cleaning and laundry servicing at the end of the Guest stay.
Cancellation Policy
If a Guest wishes to cancel their booking, they may do so by contacting Hvar Away via email (hello@hvaraway.com).
The cancellation date is the date Hvar Away receives a written cancellation notice (email) from the Guest.
The refund policy for cancellations is as follows:
- 60 days or more before check-in, the Guest can cancel for a full refund, minus any payment processing fees*.
- Between 30 and 59 days before check-in, the Guest can cancel for a 50% refund, minus any payment processing fees*.
- Less than 30 days before check-in, the Guest does not receive any refund.
*Payment processing fees are determined by Stripe, the payment processor, and are calculated depending on the location of the payment card issuer: UK 1.5%; Premium cards 1.9%; EU 2.5%; International 3.25%; plus €0.50 for all cards.
If, for any reason outside of the control of the Property owner or Hvar Away (including, but not limited to, force majeure such as war, natural disaster, epidemics, closing of borders, strikes, fire, flood, or other acts of God), it is considered that the Contract for the Property Rental cannot be fulfilled, Hvar Away and the Property owner reserve the right, where necessary, to terminate the Contract for the Property Rental. In this event, the Guest is entitled to a full refund of all reservation payments made up until the point of cancellation by the Property owner. No liability is implied or accepted by Hvar Away or the Property owner for any further additional costs beyond this, including but not limited to, exemplary, incidental, indirect, special, or consequential damages.
Amendment Policy
In the event that the Guest can no longer fulfil their booking, they can elect another Guest as their substitute for the same period of rental of the Property, for the same price and subject to these same Rental Agreement Terms & Conditions. Upon receipt of written notification via email (hello@hvaraway.com) and full details of the requested substituted Guests (same details as required for the initial booking), Hvar Away will issue a written confirmation of the change, and the Rental Agreement Terms and Conditions (as set out herein) that apply to the Contract for the Property Rental will be deemed accepted by the substituted Guest. Any reservation payments already received by Hvar Away will be retained and the substituted Guest will be obliged to fulfil any remaining payments as set out in the Payments and Payment Terms sections of these terms and conditions.
If a Guest wishes to amend the dates of their reservation, they may request to do so by contacting Hvar Away via email. Hvar Away will cooperate with these changes wherever it is possible. In such circumstances where the requested new dates cannot be accommodated due to other pre-existing reservations and/or due to minimum stay requirements for the Property, and subsequently the Guests cannot attend the original dates booked or any free and available replacement dates, the booking will be deemed to have been cancelled by the Guest at that time. All cancellation terms and conditions will apply as set out in the Cancellation Policy section of these Rental Agreement Terms & Conditions.
If a Guest wishes to amend the number of people for which they made their reservation, they may do so by contacting Hvar Away via email, provided that the proposed number of guests remains within the maximum capacity of the Property (see Property Capacity section below).
Check-in & Check-out Times
The written reservation confirmation emailed to Guests by Hvar Away upon receipt of the advance payment contains information about the permitted times of Guest check-in and check-out of the Property. Early check-ins and late check-outs can be requested by the Guest, but neither Hvar Away nor the Property owner is in any way obliged to fulfil such requests. Agreed early check-ins and late check-outs may be subject to appropriate additional charges that will be confirmed to the Guest at the time of any such arrangement made.
House Rules
Guests are obliged to act in accordance with the House Rules throughout the period of their stay at the Property. Each Property has its own unique House Rules document, which Hvar Away will email to the Guest upon receipt of the advance payment when the reservation is confirmed.
Any breach of the House Rules for the Property constitutes a severe breach of the Contract for the Property Rental. In such circumstances where a severe breach has occurred and the matter cannot be resolved to the satisfaction of the Property owner and/or Hvar Away as agents, the Property owner and/or Hvar Away are entitled to terminate the Contract for the Property Rental without a period of notice, at which time the Guest is obliged to leave the villa, including all persons comprising the Guest party, within 2 hours. In such circumstances, the Guest is not entitled to a refund of any of the reservation payments they have paid.
Property Capacity
The written reservation confirmation emailed to Guests by Hvar Away upon receipt of the advance payment contains information about the maximum capacity of Guests staying at the Property. The number of persons accommodated in the Property and its premises cannot, under any circumstances, exceed the figure stated in the reservation confirmation. This figure includes children and infants regardless of their age.
The number and identity of all Guests upon arrival at the Property shall be compiled and the appropriate online registration of Guests completed by the Property owner or Hvar Away.
Prior to any and all additional people invited to visit or stay at the Property by the Guest during the period of stay, a request must be submitted via email by the Guest for written consent from the Property owner or Hvar Away. In the event that additional visitors or Guests are permitted, all such visitors and Guests are subject to these Rental Agreement Terms & Conditions, including those set out in the House Rules specific to the Property.
Should the number of Guests exceed the maximum capacity of the Property, or additional visitors attend the Property without prior consent granted from Hvar Away or the Property owner, this constitutes a severe breach of the Contract for the Property Rental, in which case the Property owner and/or Hvar Away are entitled to terminate the Contract for the Property Rental without a period of notice, at which time the Guest is obliged to leave the villa, including all persons comprising the Guest party, within 2 hours. In such circumstances, the Guest is not entitled to a refund of any of the reservation payments they have paid.
Pets
If a Property allows for pets to stay with Guests, it will be referred to as a Pet-Friendly Property on Hvar Away’s booking website. If the Property is marked as a Pet-Friendly Property, Guests must first contact Hvar Away to confirm the number and type of pets they wish to bring to the Property. Bringing pets to the Property is subject to additional conditions and charges, and Guests are therefore obliged to contact Hvar Away before making their reservation to confirm Hvar Away’s consent, to accept the additional conditions, and to pay the additional charges.
If the Guest brings a pet(s) to the Property without Hvar Away’s consent, without acceptance of the conditions, and without having paid the additional charges, this constitutes a severe breach of the Contract for the Property Rental, in which case the Property owner and/or Hvar Away are entitled to terminate the Contract for the Property Rental without a period of notice, at which time the Guest is obliged to leave the villa, including all persons comprising the Guest party, within 2 hours. In such circumstances, the Guest is not entitled to a refund of any of the reservation payments they have paid.
Property Equipment
The Property will contain all the electrical devices, equipment, and other conveniences as listed on Hvar Away’s booking website. In the event of absence or poor function of any such devices and equipment in the Property, Guests are requested to inform Hvar Away and/or the Property owner immediately in order that the issue can be resolved as soon as possible. Hvar Away/the Property owner will use their best endeavours to resolve any such issues and within a reasonable time period.
Damages Deposit
The House Rules document emailed to Guests by Hvar Away upon receipt of the advance payment contains the amount of the damages deposit specific for the booked Property. The damages deposit serves as a security to protect against damages to the Property (where these terms and conditions state “damage(s)”, this also represents items that are missing from the Property inventory after Guest check-out) and any additional charges arising from such damage caused by the Guest during their stay at the Property. The Property owner (and Hvar Away on the owner’s behalf) is entitled to cover the costs relating to any such damage from the damages deposit. In case that the damage caused by the Guest is higher than the sum of the damages deposit, the Guest is obliged to immediately make suitable arrangements for the payment of the balance of the total damage amount to the Property owner upon presentation of the bill detailing the charges (in certain circumstances, this payment may need to be made prior to the final day of Guest occupancy at the Property. Failure to make such payment in agreement with the Property owner and/or Hvar Away will constitute a severe breach of the Contract for the Property Rental, in which case the Property owner and/or Hvar Away are entitled to terminate the Contract for the Property Rental without a period of notice, at which time the Guest is obliged to leave the villa, including all persons comprising the Guest party, within 2 hours. In such circumstances, the Guest is not entitled to a refund of any of the reservation payments they have paid.)
The damages deposit is authorised using a third party software and the authorisation must be completed 48 hours prior to Guest check-in. Hvar Away will send the Guest the authorisation link via email no later than 7 days before the date of Guest check-in.
Within 24 hours of Guest check-out, the Property will be inspected and any claims for damages communicated to the Guest. If it is considered that no damage has been caused to the Property by the Guest, the pre-authorised amount of the damages deposit will be released, within 48 hours.
Damage
The Guest is obliged to behave responsibly and respectfully towards the Property in accordance with the House Rules. The Guest must therefore leave the Property in the condition in which they received it upon check-in. Guests must inform Hvar Away or the Property owner of any damage they have caused immediately after it occurs. For any damage caused by the Guest, the Guest is liable directly to the Property owner. Hvar Away, acting on behalf of the Property owner, is entitled to use the damages deposit, according to the terms set out in the Damages Deposit section, to cover the sum of the actual damage and any associated costs.
Any intentional Property damage or disturbance of public order constitutes a severe breach of the Contract for the Property Rental, in which case the Property owner and/or Hvar Away are entitled to terminate the Contract for the Property Rental without a period of notice, at which time the Guest is obliged to leave the villa, including all persons comprising the Guest party, within 2 hours. In such circumstances, the Guest is not entitled to a refund of any of the reservation payments they have paid.
Complaints
Guest satisfaction is an utmost priority for Hvar Away. If any Guest has any concerns whilst staying at the Property, such as insufficient cleaning, damage, or other irregularities, they should bring it to the attention of Hvar Away and/or the Property owner immediately such that there is an opportunity to resolve any issues as quickly as possible. If the Guest considers that the issue was not settled in a satisfactory way, they are requested to contact Hvar Away directly by phone or email in order to ensure any outstanding issues are resolved fully and satisfactorily.
Special Requests
Hvar Away will provide assistance where possible for the Guest in the case of special requests such as activity booking, transport/transfer logistics, chefs, dietary requirements, etc. Guests must make Hvar Away aware of these special requests in advance of their stay in order to maximise the possibility of fulfilment. Hvar Away will use its best endeavours to ensure third party providers for all special requests are of a suitable standard. However, Hvar Away can offer no liability for the quality of additional services or goods provided by third parties.
Copyright
Hvar Away’s booking website booking.hvaraway.com contains copyright material, trade names, and other proprietary information, including, but not limited to, text, software, photos, graphics, and videos. The entire contents of the website are protected by copyright law. Unauthorised users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way use or exploit, maliciously or otherwise, any of the content, in whole or in part. Any breach of copyright and/or malicious action will result in appropriate claim for damages and costs.