BOOKING TERMS AND RULES

These Booking Terms and Rules are designed to clarify the obligations of both the renter (referred to as “You”) and the property owner or intermediary (referred to as “We” or “Us”) when booking a holiday home. Please read these terms carefully as they form part of your rental agreement. For any questions or inquiries, you can reach us at [email protected].

1. Rental Period

1.1 The rental period is confirmed by the booking and outlined in your booking confirmation.
1.2 The holiday home must always be vacated by no later than 10 a.m. on the day of departure.
1.3 The key will only be handed over upon receipt of full payment in accordance with the rental terms, and you must present the original booking confirmation and photo identification when collecting the key.
1.4 You will receive instructions regarding the collection of the property keys prior to arrival.
1.5 Late departures may incur additional charges.

2. Us as the Intermediary

2.1 Our Role
We act as an intermediary on behalf of the homeowner. While we facilitate the booking process, the final decision to approve or decline a booking request rests solely with the property owner or their representative. The legal owner of the property remains the homeowner, and we are not responsible for the property’s condition, its amenities, or the accuracy of the information provided by the owner.

2.2 Booking Approval Process
After you submit a booking request, we will notify the property owner or their representative for approval. The booking will remain in a pending status until we receive their decision. During this period, no payment will be processed, although a pre-authorization hold may be placed on your credit card for the deposit amount. This hold will be released immediately if the booking is declined or if the owner fails to approve the request within the specified timeframe.

2.3 Notification of Owner’s Decision
You will be notified via email once the property owner has approved or declined your booking request. If the owner approves the booking, it will be confirmed, and payment will be processed according to the agreed terms. If the booking is declined, no payment will be taken, and any pre-authorization hold on your credit card will be released.

2.4 No Guarantee of Booking Confirmation
Submitting a booking request does not guarantee confirmation of your stay. The property owner reserves the right to decline any booking at their discretion, and we cannot be held responsible for the outcome of the approval process. In the event that a booking request is declined, we will assist you in exploring other available properties if desired.

2.5 Liability Regarding the Property
Istria.Holiday is not responsible for the representation of the villa, including but not limited to its description, quality, amenities, or condition. The responsibility for providing accurate information about the villa and ensuring the villa meets expected standards lies solely with the property owner or their representative. Any claims or disputes related to the representation or condition of the villa should be resolved directly between you and the property owner or their representative. Istria.Holiday will not be liable for any discrepancies or issues arising from the villa’s representation.

2.6 Verification of Property Information
While we endeavor to ensure the accuracy of property descriptions and amenities as provided by the property owner, Istria.Holiday does not independently verify this information. By making a booking, you acknowledge that you are entering into a rental agreement directly with the property owner, and any discrepancies, defects, or issues related to the property must be addressed with the owner or their representative. Istria.Holiday will not be held liable for any discrepancies between the property’s description and its actual condition.

3. Holiday Home Usage

3.1. Use of Holiday Home

3.1.1 The holiday home may only be used for vacation purposes unless agreed otherwise.
3.1.2 If the property is used inappropriately (e.g., for illegal activities or violation of decency standards), we reserve the right to terminate the rental agreement without refund.

3.2. Number of Guests

3.2.1 The maximum number of guests (including children) must not exceed the number stated in the booking confirmation. Unauthorized guests may lead to immediate termination of the agreement.

3.3. Group Composition

3.3.1 We cater primarily to families and couples. Youth groups are required to disclose their group composition at the time of booking. Please note that the villa owner or their representative may apply specific rules or restrictions based on the group’s composition at their discretion

3.4. Pets & Allergies

3.4.1 Some holiday homes do not allow pets. However, we cannot guarantee that no pets have ever been in the property. If you have allergies, please take precautions.

3.5. Noise

3.5.1 Occasionally, you may experience unexpected noise from construction sites, neighbours, traffic, etc. Neither we nor the homeowner can be held responsible for unexpected noise.

3.6. Internet

3.6.1 Internet, if available, is provided for leisure purposes. We are not responsible for disruptions or limitations of the internet service.

3.7. No Smoking / Vaping

3.7.1 Smoking and vaping are prohibited inside the holiday home. Violations of this rule will result in a cleaning fee of EUR 350, or actual cleaning costs if damages exceed this amount.

3.8. Swimming Pools, Jacuzzis & Similar

3.8.1 If the property includes such amenities, they are used at your own risk. Children must always be supervised by an adult.

3.9. Charging of Electric Vehicles

3.9.1 You may only charge electric vehicles at dedicated charging stations. Charging from regular outlets is prohibited and may lead to damage or fire hazards.

4. House Rules

4.1 Each holiday home may have unique House Rules specific to the property. These rules are designed to ensure the safety and enjoyment of all guests as well as to protect the property and its surroundings.
4.2 The House Rules for each property will be clearly listed on the villa’s listing page on our website.
4.3 By booking the property, you agree to comply with the specific House Rules associated with the villa you are renting.
4.4 Any violation of the House Rules may result in additional charges, termination of the rental agreement without a refund, or eviction from the property.

5. Booking Terms

5.1. Binding Booking and Owner Approval

5.1.1 Pending Owner Approval
A booking is only considered binding once it has been confirmed by both the property owner and Istria.Holiday. All booking requests are subject to the approval of the property owner or their representative, and the booking will remain in a pending status until such approval is received.

5.1.2 No Charges Until Approval
No payment will be processed until the property owner approves the booking request, although a pre-authorization hold may be placed on your credit card for the deposit amount. If the booking is declined or the owner fails to respond within the specified timeframe, the hold will be released immediately, and no charges will be applied.

5.1.3 Owner Response Time
The property owner or their representative will typically respond to booking requests within two working days. If an extended approval period is required, you will be notified, and your booking request will remain pending until the owner’s decision.

5.1.4 Notification of Approval or Decline
You will receive an email notification once the property owner has either approved or declined your booking request. If the owner approves the booking, it will be confirmed, and payment will be processed according to the agreed terms. If the owner declines the booking, any pre-authorization hold will be released, and no payment will be taken.

5.1.5 Contract Formation
A booking is only confirmed, and a binding rental agreement is formed, once the property owner has approved the booking request and Istria.Holiday has processed the payment. Until this occurs, your booking remains pending, and no contractual obligations between you and the property owner exist.

5.1.6 Exclusion of 14-Day Cooling-Off Period
Please note that the 14-day cooling-off period under the EU Consumer Rights Directive does not apply to your booking, as it involves accommodation for specific dates. By completing your booking request, you acknowledge that the reservation is for a fixed period and is exempt from the standard cooling-off period.

5.2. Booking Confirmation

5.2.1 Once your booking is confirmed, you will receive a booking confirmation email with all relevant details and payment instructions. Please refer to this email for further information regarding your booking.
5.2.2 If you have any questions regarding your booking, please contact us at [email protected].

5.3. Booking Payments

5.3.1 For bookings made 60 or more days before check-in:

• A 25% first instalment is due immediately.
• The remaining 75% is due 45 days before check-in.
  5.3.2 For bookings made 59 or fewer days before check-in, the full rental amount must be paid immediately.
  5.3.3 Failure to comply with these payment terms will result in cancellation of the booking, as outlined in Section 8: Failure to Pay.

6. Cancellation Policy

6.1. Cancellation by You

6.1.1 All cancellation requests must be made in writing to [email protected].

6.1.2 Refunds will be issued based on the following sliding scale, depending on when the cancellation is made:

6.1.3 If you fail to cancel in writing and do not stay at the holiday home, you will still be charged the full rental amount.

6.1.4 Refund Timing: Where a refund is applicable under the terms above, the refund will be processed and issued within 14 days of receiving the cancellation request.

6.2. No-Show

6.2.1 Failure to arrive on the scheduled check-in date (no-show)  will be treated as a no-show cancellation. In such cases, no refund will be provided, and the full rental amount will be retained.

6.3. Transferring the Booking

6.3.1 If you find another suitable tenant for the same period and at the same price, the booking can be transferred for a fee of EUR 129. Written notification of this transfer request must also be sent to [email protected].

7. Changes to the Booking

7.1 Any requests to change a booking must be made in writing to [email protected].
7.2 You may request changes to your booking up to 50 days before the start of the rental period for a fee of EUR 89.
7.3 Changes requested after 50 days before check-in will be considered a cancellation, subject to the cancellation terms above, followed by a new booking.

8. Failure to Pay

8.1 If payment terms as outlined in Section 5.3 are not met, this will be considered a breach of contract. The rental agreement may be terminated without further notice.
8.2 If terminated due to non-payment, cancellation fees as per the cancellation policy will apply.

9. Security Deposit

9.1 Purpose of the Security Deposit
A security deposit may be charged to cover any potential damage, insufficient cleaning, or additional consumption costs during your stay, including water, electricity, gas, heating, and other utilities.

9.2 Collection and Handling of Security Deposit
Istria.Holiday does not collect, hold, or manage security deposits on behalf of property owners. The property owner, or their designated representative, is solely responsible for setting the amount of the security deposit, collecting it from the guest, and handling any deductions or refunds. All arrangements concerning the security deposit, including payment method and any applicable deductions, must be directly managed between the guest and the property owner or their representative.

9.3 Utility and Consumption Charges
Unless otherwise stated in your booking confirmation, the rental price excludes utility consumption, such as water, electricity, gas, heating, and similar services.

9.3.1 Pre-determined Rates
In some properties, a pre-determined amount per person for utility consumption may apply. This will be specified in your booking confirmation.

9.5 Dispute Resolution
Any disputes regarding deductions from the security deposit must be resolved directly between you and the property owner or their representative. Istria.Holiday acts solely as an intermediary and is not liable for decisions made by the property owner in relation to the security deposit.

10. Cleaning

10.1 Final Cleaning
You are responsible for leaving the holiday home clean and in good condition at the end of your stay. If the property is not left in a satisfactory condition, the property owner or their representative may charge you for cleaning services. These charges may be deducted from your security deposit. Any disputes regarding the final cleaning, or the condition of the property upon departure, must be resolved directly between you and the property owner or their representative. Istria.Holiday is not responsible for overseeing or mediating in such matters.

10.1.1 A final cleaning service may often be ordered for an additional fee, which will be arranged directly with the property owner or their representative. Any terms related to this service should be confirmed at the time of booking.

10.2 Extra Mandatory Cleaning
For youth groups or rentals longer than 21 days, additional mandatory cleaning services may be required. These services and their associated costs will be arranged directly with the property owner or their representative. You will be informed of any extra cleaning requirements before or during your stay. Any disputes related to additional cleaning charges are to be handled directly between you and the property owner or their representative. Istria.Holiday is not liable for resolving such disputes.

11. Defects & Complaints

11.1 Damage
You are responsible for any damage caused to the property or its contents during your stay. Any such damage must be reported immediately to the property owner or their representative. The property owner will assess the damage and determine any applicable charges, which may be deducted from the security deposit. Istria.Holiday is not responsible for resolving disputes regarding damages; these must be handled directly between you and the property owner or their representative.

11.2 Defects
If you encounter defects or issues with the property upon arrival, these must be reported immediately to the property owner or their representative. Failure to do so will imply acceptance of the property’s condition. Any resolutions, repairs, or remedies required will be arranged by the property owner or their representative, not by Istria.Holiday.

11.3 Complaints
Complaints about the condition of the property must be reported to the property owner or their representative as soon as possible and no later than 72 hours after the start of your stay. Istria.Holiday will not be responsible for managing or resolving complaints related to the property. Any further action or remedies will be determined between you and the property owner or their representative.

11.4 Remedy
The property owner reserves the right to repair or remedy any reported issues during your stay. If you prevent the property owner or their representative from making necessary repairs, you forfeit the right to any compensation or claim related to the defect. Istria.Holiday is not responsible for ensuring that repairs are completed and will not be involved in the resolution process.

12. Events Beyond Our Control

12.1 Force Majeure
12.1.1 Neither we nor the homeowner can be held responsible for cancellations or issues arising due to events beyond our control, including but not limited to war, natural disasters, pandemics, strikes, or significant weather events. In such cases, the booking may be canceled without liability for either party.
12.1.2 Assistance in Case of Force Majeure: While Istria.Holiday and the property owner are not liable for any direct issues or damages resulting from a force majeure event, we will make reasonable efforts to assist you in securing alternative accommodations or arranging a refund with the property owner, if possible. Any refunds are subject to the terms of the property owner’s policies and the specific circumstances of the event.

12.2 Other Circumstances
We are not liable for disruptions outside of our control, such as noise, roadworks, or power cuts. Neither we nor the homeowner can be held responsible for such occurrences.

13. Jurisdiction

13.1 Disputes Related to Property and Consumer Rights
In the event of any dispute related to your booking, the rental agreement, or the use of the holiday home, the case must be brought before the courts in the area where the holiday home is located. The case will be decided according to the local laws of that jurisdiction, including any applicable EU consumer protection regulations.

13.2 Disputes Related to Business Operations
For any disputes related to the business operations of Istria.Holiday that do not concern the booking or rental of the holiday home (such as intellectual property or general business matters), the case must be brought before the courts of New Zealand and will be governed by New Zealand law.

14. Privacy

14.1 Our Commitment to Privacy

We are committed to protecting your privacy. Personal information provided during the booking process will only be used in accordance with our Privacy Notice, which complies with the General Data Protection Regulation (GDPR). This includes the collection, use, and storage of data such as your name, contact details, and payment information. Your data will only be used for the purpose of processing your booking, facilitating communication related to your stay, and ensuring compliance with legal obligations.

14.2 Sharing of Data

Your personal information may be shared with the property owner or their representative to facilitate your stay, such as providing contact information for key collection or resolving any issues during your stay. We will not share your data with any third parties for marketing purposes without your consent.

14.3 Data Retention

We will retain your personal information only for as long as necessary to fulfill the purposes outlined above or as required by law. You have the right to access, correct, or request deletion of your personal data at any time by contacting us at [email protected].

14.4 Third-Party Services

We may use third-party services to process payments or manage communications. These providers are also required to comply with GDPR and ensure the security of your personal information.

15. Additional Charges

15.1 The property owner or their representative reserves the right to review and request additional charges after the booking has been received and reviewed. These additional charges may relate to unforeseen costs such as damages or extra cleaning requirements.

16. Acknowledgment of Terms and Conditions

16.1 Guest Acknowledgment
By completing a booking request, you confirm that you have read, understood, and agreed to these Booking Terms and Rules, including the cancellation policy, payment terms, and any applicable house rules or conditions set by the property owner. You acknowledge that the rental agreement is between you and the property owner, and that Istria.Holiday acts solely as a booking intermediary.

If you have any further questions or need assistance, feel free to contact us at [email protected].