The Turquoise Collection LTD

Rental Agreement

These Booking Terms and Conditions form the basis of your contract with the Property Manager / Owner ("we", "us", "our",) who are acting as an intermediary for and on behalf of the owner of the booked Property ("Property Owner"). Please read them carefully as they set out our/the Property Owner's respective rights and obligations. In these Booking Terms and Conditions references to "you", "guest/s" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. References to your agent means Turquoise Collections Limited ("Agent").

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1. he/she has read these Booking Terms and Conditions and has the authority to and does agree to be bound by them;
2. he/she consents to our use of personal data and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
3. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1.    Booking & Paying For Your Arrangements

A booking is made with us when you pay your Agent a deposit (or full payment if you are booking within 12 weeks of departure) and your Agent has issued you with a booking confirmation on our behalf. We reserve the right to decline to instruct your Agent to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and the Property Owner as soon as your Agent has issued you with a booking confirmation on our behalf and of which will confirm the details of your booking. We will be acting on behalf of the Property Owner in respect of your booking.

Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise your Agent immediately who will advise us, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within 24 hours of our sending it out.

All payment due dates and amounts will be provided to you by your Agent. If we do not receive any payments due to us in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges outlined in clause 15 will become payable.

1)    Indemnification

We are acting as agent of the Property Owner and neither we nor any of our affiliated entities, shareholders, directors, employees, agents and representatives ('Affiliates') are liable for any delays, accidents, damages, injuries, losses or death suffered by you, your guests or the property. In no event will we and/or our Affiliates be liable for any indirect, punitive, incidental, special or rental or use of the Property. If, despite the limitations contained herein, we and/or our Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described herein, then the we and/or our Affiliates' liabilities will in no event exceed the total related rental revenue paid by you at the time of the occurrence. Following your booking, we may offer to help, coordinate or organise certain guest services for you in connection with your property rental. The service providers are independent contractors and are not our agents, representatives or employees. We and/or our Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service provider or for any personal injuries, property damage or other damages or expenses relating thereto.

2)    Property Manager acting as an intermediary for the Property Owner

We are authorised by the Property Owner to act as their intermediary in respect of their duties and obligations set out within these
Booking Terms and Conditions.

In the event of any complaints, it is mutually agreed upon by both parties that efforts shall be made to resolve the dispute amicably. If, however, resolution cannot be achieved through amicable means and the client wishes to pursue legal recourse, we undertake to furnish the contact information of the property owner.

3)    Accuracy

We endeavour to ensure that all the information, translations and prices both on your Agent's website and in any advertising material that your Agents publish are accurate. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.

4)    Prices

We reserve the right to amend advertised prices at any time, in particular those listed on your Agent's website. We also reserve the right to correct errors in both advertised and confirmed prices. You must check the price of your chosen accommodation at the time of booking.

5)    Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers the requirements for your stay at your chosen accommodation, including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

6)    Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our or our supplier's control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events beyond our or the supplier(s) concerned's control.

In case of cancellation due to Events Beyond Our Control, in no circumstance will we or the Property Owner be responsible for
consequential damages of such a cancellation, including but limited to airline ticket loss, transport from/to airport, and no such claim(s) will be honoured.

We and/or the Property Owner reserves the right to cancel any reservation due to property damage or other forms of forced property unavailability (force majeure) and/or to move/change guests to other accommodation of an equal or better standard (if available) in the area.

7)    Use of Property

The property is for the sole use by you and your party members as named on your booking confirmation for the purpose short term
residential use unless agreed in writing by us.

The total number of guests shall not exceed the maximum capacity of the property unless agreed in writing by us.

Guests are not permitted to use any third party companies or individuals for the provision of any services at, or in, the property without out our written permission. This includes, but not limited to the following services; chef, cleaners, entertainers, DJs, performers, masseur, beauty therapist, sports, yoga.

We, and/or the Property Owner reserves the right to deny entry to the property of any unauthorised third party service providers and in the event that we or the Property Owner discover any unauthorised third party service provider working at the property, they reserve the right to cancel the service immediately and will not be responsible for any monetary loss incurred by you or your party.

If you would like any additional services during you stay, please contact our concierge who, where possible, will arrange the additional services.

8)    Security Deposit

By confirming your booking with us, you agree to keep all features of the Property in the same condition as they were allocated to you. This includes, but not limited to, all furniture, utensils, equipment, fixtures and fittings in both internal and external areas. All bookings require the payment of a refundable Security Deposit (that is payable by you), towards any damage that may be caused to the accommodation (or its facilities) due to the conduct of you, any member or your party or any other person authorised to enter the property by you.

In the event that no loss, damage or unreasonable cleanliness has deemed to have taken place or you do not incur any additional charges, we aim to refund your Security Deposit within 15 days after your departure from the accommodation Delays may occur if we are awaiting utility bills or proof of damage. If we or the Property Owner determine it necessary to make a deduction to the Security Deposit, the cost of any additional charges (including but not limited to late check out penalty, payment for addition service we arrange), damages or repairing will be deducted from the security deposit. In the exceptional case where the costs of additional charges or repairing/replacing of any proven damages exceed the Security Deposit, the Guest accepts to cover the additional cost upon presentation of the relevant invoices. Examples of typical security deposit charges include, but are not limited to, the following:

• Replacement of broken appliances, TVs, audio or electrical equipment.
• Repair and/or replacement of damaged furniture, window blinds, doors, windows, floors, bathroom showers, mirrors, wash basins, etc.
• Loss of house keys, TV or ceiling fan controls.
• Water replacement and system cleaning due to broken glasses inside the swimming pool.
• Clean up services for stains and nail polish spills on furniture or sofas.
• Any charges you incur during your stay including late check out penalty.

Your Agent will inform you of the amount and method of payment of the security deposit.

9)    Your Behaviour

All our guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any accommodation / accommodation manager or host, representative or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other guests or any third party, or damage to the property, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation / chalet or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation / chalet manager or representative or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other individuals who have no connection with your booking or with us.

10)    General Rules

Failure to comply to and terms within this Rental Agreement will/may result in the immediate termination of the leasing agreement, the forfeiture of the whole amount of the stay, excluding the security deposit amount if no damage is present, the forceful vacating of the property and personal contacts of the occupants. 

a)  We or the Property Owner reserves the right to end immediately the leasing agreement and choose to reimburse or not, in case where property management has evidence or receives complaints for impeachment of Croatian Law.

b)  The villa has a non-smoking policy indoors and the guests are kindly requested to strictly follow it. When smoking outside, you are kindly requested to use the special, wind safe, ashtrays provided since there is always risk of fire during the summer.

c)  We or the Property Owner reserves the right to enter the property for inspection at all times with reasonable warning/notice. Supporting personnel (maid, gardener, pool/Jacuzzi maintenance people) will enter the property at pre-agreed times. We will inform you of those dates and times.

d)  Rental day ends at 10:00 am, unless agreed, in writing, by us. If you stay after 10:00 am you will be charged the full day rental price. If you incur this penalty/additional charge and do not pay at the time, the full day rental price will be deducted from your security deposit.

e)  Check-in is after 16:00 pm, unless agreed, in writing, by us.

f)  Properties are expected to be handed over in a clean and tidy condition. An extra cleaning fee may be subtracted from the security deposit if the property is left excessively dirty or messy.

g)  Changing the setting or decoration of the property (including furniture placement) without the prior consent of us or the Owner is not allowed. Inside furnishings stay inside and outside furnishing outside! Rearranging the property can lead to cancellation of the booking and forfeiture of the whole stay and damage deposit amount.

h)  You will be held liable for any damage or for the removal/destruction of items on and around the property, including and not limited to plants, external structures, etc. You are expected to respect the villas and their contents. Property items, including and not limited to linen and/ ornamental items should remain at the villas.

i)  Pets are allowed only with prior consent and approval of us or the Property Owner. We or the Property Owner reserves the right to cancel the rental agreement if a pet is found on the premises without prior consent.

j)  Guests are expected to conserve water & energy. Please turn off lights, fans, stoves, air conditioners, water heaters, TVs unless really needed.

k)  The parking of caravans/pitching of tents is strictly forbidden.

l)  Please ensure that any social events or other functions are communicated before booking confirmation. The Property Manager must provide written agreement for any such event. Charges and special terms, if applicable, will be assessed on a case-by-case basis and communicated upon event request.

11)    Environment

Please be mindful that many of our properties are situated in rural or secluded locations, where you may encounter various flora and fauna such as mosquitoes, wasps, ants, and local dogs, as well as other environmental elements such as farming activities and drainage systems. Additionally, some properties are accessible via unsurfaced roads.

12)    Death or injury

We (as intermediary for the Property Owner) and/or the Property Owner shall not be held accountable for the death or personal injury of any member of the booking party or any other individual on the property, unless such incidents result from proven negligence on the part of the Property Owner, us, or our employees.

13)    Failure or Malfunction of mechanical equipment

We and/or the Property Owner cannot be held responsible for the malfunction of mechanical equipment such as pumps, boilers, or
swimming pool filtration systems, nor for failures in public utilities such as water, gas, or electricity.

14)    Cutting Your Arrangement Short

If you are forced to return home early, we cannot refund the cost of your accommodation stay which you have not used. If you cut short your accommodation booking and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your accommodation not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

15)    Special Requests

Any special requests must be advised, in writing, to your Agent at the time of booking. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your booking confirmation or any other documentation or that it has been passed on is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

16)    Disabilities and Medical Problems

We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or
any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before
you make your booking so that we can try to advise you as to the suitability of your chosen accommodation. We may require you to
produce a doctor's certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the
needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will
cancel it and impose applicable cancellation charges when we become aware of these details.

17)    If You Change or Cancel Booking

Changes:

If, after confirmation, you wish to change your booking in any way, you must notify your Agent as soon as possible who will inform us and we will endeavour to make such changes. Where we can meet a request, all changes may be subject to payment of an amendment fee as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. Your Agent will inform you if such fee becomes applicable.

Note: Certain accommodation may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you, or any member of your party, decides to cancel your booking, you must notify your Agent by recorded delivery post or by email who will then notify us.  Your notice of cancellation will only take effect when it is received in writing by your Agent at their offices and will be effective from the date on which your Agent receives it. The person to notify us of any cancellation must be the same person that originally made the booking.

The applicable cancellation terms/penalties/charges will be confirmed to you by your Agent prior to us accepting your booking.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

18)    If We Change or Cancel Booking

We may in exceptional circumstances be required to cancel your booking and we reserve the right to cancel your booking and/or to
move/change you to other accommodation of an equal or better standard (if available) in the area.

Very rarely, we may be forced due to Events Beyond Our Control (please see clause 6) to change or terminate all or some of your
arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or
meet any costs or expenses you incur as a result.

19)   Complaints

We and/or the Property Owner are committed to ensuring that your stay at the chosen property meets your expectations. However, if upon arrival you find any aspect of the property unsatisfactory based on objective, justifiable grounds, we urge you to immediately contact us by telephone. The contact details for this purpose will be provided to you by your Agent in the pre-departure information email. It is crucial to address any concerns at the earliest opportunity, as complaints reported only at the end of your tenancy, or if you vacate the property prematurely without prior notification to our local representative, will not be eligible for consideration or a refund. Should an issue arise, our priority is to rectify it promptly. If, however, your concern remains unresolved and you believe it to be justified, we request that you submit a detailed written complaint within 14 days following your departure. Upon receipt, we will convey your concerns to the Property Owner and endeavour, within reasonable bounds, to mediate a satisfactory resolution for all valid complaint related to the property.

In the event of any complaints, it is mutually agreed upon by both parties that efforts shall be made to resolve the dispute amicably. If, however, resolution cannot be achieved through amicable means and the client wishes to pursue legal recourse, we undertake to furnish the contact information of the property owner.

20) Entry, Passport, Visa and Immigration Requirements

It is your responsibility to check and fulfil the entry, passport, visa, immigration requirements, safety and health formalities applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates, the Foreign, Commonwealth and Development Office ('FCDO') and your own doctor as applicable. Requirements and the safety of the countries and areas in which you will be travelling to, do change and you must check the up to date position in good time before departure in order to make your decisions accordingly.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). Up to date travel advice can be obtained from the FCDO by visiting https://www.gov.uk/travelaware. 

Non-British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an  airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.

21) Accepting this Rental Agreement

By accepting this Rental Agreement, you hereby affirm that you and all members of your party have legally entered Croatia for vacation reasons only and have the legal documents to prove it upon request of the authorities. In the opposite case, the Rental Agreement is cancelled immediately, and payment is forfeited in full.

22) Jurisdiction

In the event of any dispute, the parties agree that any such disputes shall be settled by and within Croatian Law.