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ISTRIA.HOLIDAY SUBSCRIPTION AGREEMENT

This Subscription Agreement (‘Agreement’) is entered into by and between Istria.Holiday Limited, a New Zealand-based online villa rental agency (‘Istria.Holiday LTD,’ ‘ We,’ ‘Us,’ or ‘Our’), and the Villa Owner or their authorized representative (‘You,’ ‘Your,’ or ‘Owner’), who electronically accepts this Agreement via the Istria.Holiday platform.

  1. Subscription Packages and Features

‘Istria.Holiday LTD offers three subscription packages. By selecting a subscription plan, You agree to the terms, features, and conditions as outlined below:

Starter Subscription
Features:

  • 0% booking commissions.
  • Integrated Booking Calendar for real-time availability display.
  • Single Price Display for Bookings (flat pricing, no seasonal variations).
  • Villa Description with up to 20 photos. Photos need to be of sufficient quality and Istria.Holiday reserves right to decline a subscription if we are not satisfied with quality of supplied photos.
  • Basic Villa Features Listing (e.g., amenities like Wi-Fi, pool).
  • Display of House Rules.

Limitations:

  • No booking or payment management services.
  • No standard booking terms provided by Istria.Holiday LTD.
  • Owners handle all guest communications and transactions directly.

 

Premium Subscription

Features:

  • All Starter Subscription features plus:
    • Seasonal Pricing for flexible rate adjustments.
    • Comprehensive Booking Management (availability, payment processing, automated confirmations).
    • Discounts and Coupons for promotions.
    • Advanced Booking Rules (e.g., minimum stay, check-in days).

 

 

Elite Subscription

Features:

  • All Premium Subscription features plus:
    • Display Villa Video (up to 10 minutes). Video needs to be of sufficient quality and Istria.Holiday reserves right to decline a subscription if we are not satisfied with quality of supplied video.
    • Site-wide Promotion for increased visibility.
    • Social Media Promotion (Facebook and YouTube features).
    • Direct Online Villa Advertising (includes a €200 annual advertising budget).
  1. Subscription Term and Renewal

2.1 Subscription Start and Initial Period: When you subscribe to any of our packages through the Istria.Holiday portal, your subscription is scheduled to begin four weeks from the date of signing up. During this four-week period, we will engage with you to gather the necessary information to complete your villa profile and set up your listing. You may cancel your subscription at any time during this initial four-week period without any charges or penalties. No services will be activated until the end of this period, and no payments will be taken. This cancellation option satisfies the 14-day cooling-off period required under EU law, providing you with additional flexibility and time to ensure that your villa profile is accurately set up before the subscription begins.

2.2 Term: Once the initial four-week setup period has passed, your subscription will officially begin. The subscription term shall commence on this start date and will continue on a monthly basis unless paused or cancelled as outlined below.

2.3 Renewal: Your subscription will automatically renew on its monthly anniversary unless paused or cancelled prior to the next billing period. You will be charged the applicable subscription fee for each renewal unless you take action to cancel or pause your subscription through the online portal.

2.4 Changes to Subscription Plan: You may change, pause, or resume your subscription plan at the time of renewal. Any changes must be made through our online portal before the next billing cycle begins. No pro-rata refunds will be given for cancellations or plan changes made during an active subscription term.

2.5 Changes to Subscription Fees: We reserve the right to review and adjust subscription fees for all packages, including the Starter Subscription, at any time. Any such changes will be communicated to you at least 30 days prior to the new pricing taking effect. Upon receiving notification of a price change, you will have the option to:

  • Continue with the updated subscription pricing.
  • Cancel your subscription without penalty.
  • Change to a different subscription package if available, as per our package rules.

If you do not take action within the notification period, the updated subscription pricing will automatically apply at the start of the next billing cycle.

2.6 Failed Payments: If payment for the subscription fails, we will notify you and make further attempts to collect the payment. If the payment is not successfully made within 10 days, we reserve the right to cancel your subscription and remove the property listing from our platform. No future bookings will be accepted or processed for the property if the subscription is cancelled due to non-payment.

 

  1. Subscription Payments

3.1 Subscription Fees: Subscription fees are due on the monthly anniversary of the start date unless the subscription is paused or cancelled prior to the renewal date. Fees are based on the subscription level selected and are detailed on the Istria.Holiday portal at the time of subscription.

3.2 Failed Payments: If payment fails, We will notify You and make further attempts to collect the payment. If payment is not successfully made, We reserve the right to cancel Your subscription and remove the property listing from Our platform.

3.3 Billing Disputes: Any billing disputes regarding subscription payments must be communicated to Us in writing within 14 days of the invoice or charge. Failure to dispute a charge within this period will result in the charge being deemed accepted.

  1. Booking Payments to Owners

4.1 Payment of Booking Proceeds:

  • Istria.Holiday LTD will collect all guest payments directly, in accordance with the payment schedule provided to guests. These include deposit payments, final payments, and any other charges.
  • Payment to Owners: Istria.Holiday LTD will transfer the net booking proceeds to the Owner’s designated bank account on the 15th of each month for all completed stays and cancellations that occurred in the previous month. The net booking proceeds represent the total amount collected from guests, minus any applicable banking fees, such as credit card processing charges and other payment transaction fees, as well as any applicable taxes.
  • Account Details: You are responsible for providing Us with accurate bank account details for international transfers. We are not liable for delays or issues arising from incorrect account information.

4.2 Guest Booking Payments:
Istria.Holiday LTD handles the entire guest booking payment process, including any pre-authorizations, deposits, and final balances related to villa bookings. Guests will not make direct payments to You; all funds will be processed through Istria.Holiday LTD, and the net proceeds will be transferred to Your account as outlined in Section 4.1.

4.3 Security Deposits: If You require a security deposit from guests, You must handle this directly. Istria.Holiday LTD will not be involved in collecting, managing, or resolving disputes related to security deposits.

4.4 Late Booking Payments: We are not liable for delays caused by incorrect account details or banking issues beyond Our control. Any discrepancies in booking payments must be reported within 30 days of receiving payment.

  1. Guest Payment Terms and Cancellation Policy

5.1 Guest Payment Schedule:

  • For bookings made 60 or more days before check-in, a 25% first installment is due immediately, with the remaining 75% due 45 days before check-in.
  • For bookings made 59 or fewer days before check-in, the full rental amount must be paid immediately.

5.2 Cancellation Policy:

  • 90 days or more before check-in: 10% of the total booking amount is retained.
  • 89 to 60 days before check-in: 25% is retained.
  • 59 to 45 days before check-in: 50% is retained.
  • 44 to 30 days before check-in: 75% is retained.
  • Within 30 days before check-in: 100% of the booking amount is retained.

Refunds for cancellations will be handled by Istria.Holiday LTD, and the Owner must comply with this cancellation policy. Owners cannot impose additional cancellation penalties or offer alternative terms.

5.3 Failure to Pay: If guests fail to make payment according to the agreed schedule, the booking may be cancelled by Istria.Holiday LTD. The Owner must adhere to the Istria.Holiday LTD cancellation terms in such cases.

  1. Responsibilities of the Property Owner

6.1 Accurate Information: You are solely responsible for providing accurate and up-to-date information about Your property, including descriptions, features, photos, and house rules. Any changes must be promptly communicated to Us for updates.

6.2 Property Management: You are responsible for managing all bookings for Your property, including approving or declining booking requests. All bookings are subject to the Booking Terms and Rules provided by Istria.Holiday LTD.

6.2.1 Booking Approval Timeline: Property owners must approve or decline booking requests within 48 hours of receiving them through the Istria.Holiday platform. If a response is not provided within this time frame, the booking request will automatically be cancelled, and any pre-authorization hold on the guest’s payment will be released. This requirement ensures timely communication and efficient booking management.

6.2.2 Handling Overbooking:

In the event of an overbooking where multiple reservations overlap for the same dates, the property owner must:

  1. Resolve the Situation:
    • Provide suitable alternative accommodation of a similar or higher standard, or
    • Issue a full refund to the affected guest(s).
  2. Cost Responsibility:
    • The property owner is responsible for any costs associated with alternative arrangements or refunds.
  3. Istria.Holiday’s Role:
    • Istria.Holiday will assist in communication and coordination if the overbooking is due to a platform error but is not financially liable for the costs.
  4. Priority of Bookings:
    • The earliest confirmed booking takes priority, and the owner must adjust subsequent bookings accordingly.

 

6.3 Liability for Property Representation: Istria.Holiday LTD is not liable for any discrepancies or misrepresentations regarding the property. You must ensure that the information provided to Us is accurate. Any disputes regarding the property must be handled between You and the guest.

6.4 Guest Management: You are responsible for managing security deposits, guest behavior, and any issues arising from a guest’s stay, including damages to the property. We do not handle security deposits or intervene in guest-related disputes.

6.5 Compliance: You are responsible for ensuring Your property complies with all local laws and regulations, including guest tax, safety requirements, and consumer protection laws. Any obligations to local authorities, including payment of taxes, remain Your responsibility.

6.6 House Rules: You must provide house rules for Your property, which will be included in the Booking Terms and Rules applicable to Your guests. Any changes to these rules must be promptly communicated to Us.

6.7 Additional Charges:

You are responsible for specifying and managing any additional charges related to the use of your villa. These charges may include, but are not limited to, cleaning fees, extra guest fees, security deposits, and utility charges. The following rules apply:

  • a) Custom Charges: Villa owners may apply custom charges using the functionality provided by Istria.Holiday portal. These charges can be structured as one-off charges, per day charges, per guest charges, or per day multiplied by the number of guests. You, as the villa owner, are responsible for providing clear rules for these charges to Istria.Holiday LTD, and Istria.Holiday LTD will communicate the applicable charges to guests during the booking process. Custom charges may include, but are not limited to:
    • One-off Charges: A fixed charge that is applied once for the entire booking (e.g., cleaning fee).
    • Per Day Charges: A charge applied based on the number of days of the guest’s stay (e.g., daily utilities fee).
    • Per Guest Charges: A charge applied based on the number of guests staying in the property (e.g., extra guest fee).
    • Per Day * Number of Guests: A charge applied by multiplying the number of guests by the number of days of their stay (e.g., daily utilities per guest).
    • Utility and Consumption Charges: If utility consumption charges (e.g., water, electricity, gas, heating) are excluded from the base rental price, they must be specified as custom charges. These charges may be based on either pre-determined rates or actual usage (e.g., meter readings).
    • Collection and Handling: All custom charges, including utility charges, will be calculated and applied during the booking process by Istria.Holiday portal. You are responsible for providing Istria.Holiday LTD with the rules and details for these charges as part of your House Rules.
  • b) Security Deposits:
    • Collection and Handling: Istria.Holiday LTD does not collect or manage security deposits. You, as the villa owner or your representative, are fully responsible for collecting, holding, and managing any security deposit. The arrangements regarding the security deposit, including its amount, payment method, and any deductions, must be made directly between You and the guest.
    • Dispute Resolution: Any disputes related to security deposit deductions must be resolved directly between You and the guest. Istria.Holiday LTD acts solely as an intermediary and is not liable for any decisions made by the villa owner regarding the security deposit.

6.8 Alternative Accommodation in Case of Uninhabitability: In the event that the booked property becomes uninhabitable due to unforeseen circumstances, including but not limited to damage, maintenance issues, or events beyond the control of either party, the property owner is required to make reasonable efforts to secure alternative accommodation of a similar standard for the guest. If suitable alternative accommodation cannot be provided, the property owner agrees to offer a full refund for the affected portion of the stay. Istria.Holiday may assist in coordinating these efforts but is not responsible for providing or covering the costs of alternative arrangements.

  1. Rules Regarding Add-ons

7.1 Villa Boost Add-ons: Villa Boosts might be available as optional add-ons for enhanced visibility and promotion of Your villa. Villa Boost options include promotional campaigns across online channels.

  • Campaign Management: Istria.Holiday LTD will create and manage the online advertising campaign based on Your instructions. You will need to review and approve the campaign content before it goes live. You are responsible for providing accurate promotional material, such as images and descriptions. Campaigns will run for the specified duration, and results will be communicated to You.
  • Budget and Fees: A portion of the Villa Boost price will be allocated to the advertising budget, and the remainder is kept as a management fee by Istria.Holiday LTD.  Our minimum fee for online campaign management is €200.
  • Campaign Timing: Istria.Holiday LTD reserves the right to manage the timing of the campaigns, with a maximum of 10 villas being promoted at any given time. We will attempt to accommodate Your desired schedule.

7.2 Promotions on Social Media:

  • Properties in the Premium and Elite subscriptions may have promotional posts created for them on Istria.Holiday’s social media channels, such as Facebook.
  • Special discounts or promo codes for Your villa may also be featured on these channels upon Your request.

7.3 Annual Online Campaign
Elite subscription holders are entitled to one annual online advertising campaign managed by Istria.Holiday LTD. The campaign includes a €200 advertising budget and is subject to the following terms:

  • Campaign Setup and Management:
    Istria.Holiday LTD will set up and manage the campaign on platforms such as Google or Facebook. Villa owners must collaborate with us to ensure all promotional materials (e.g., images and text) are provided in a timely manner. Owners are required to review and approve the campaign content prior to activation.
  • Budget Allocation:
    The €200 advertising budget is exclusively used for the campaign. Any additional costs exceeding this budget must be pre-approved and covered by the villa owner.
  • Campaign Scheduling:
    Campaign timing will be coordinated with the villa owner; however, Istria.Holiday LTD reserves the right to manage the overall advertising calendar. A maximum of 10 campaigns may run concurrently.
  • Content Responsibility:
    Villa owners are responsible for ensuring the accuracy and legal compliance of the campaign content. Istria.Holiday LTD will assist in execution but is not liable for inaccuracies or non-compliance.
  • Reporting and Results:
    At the campaign’s conclusion, a summary of its performance will be provided to the villa owner.
  1. Limitation of Liability

8.1 Istria.Holiday LTD Role: We act solely as an intermediary between You and the guest. While We facilitate the booking process, We are not responsible for the property’s condition, the guest’s behavior, or any disputes arising from the rental.

8.2 Indemnification: You agree to indemnify and hold harmless Istria.Holiday LTD from any claims, damages, liabilities, or expenses arising from Your property, including guest-related disputes or legal claims.

8.3 Force Majeure: Neither We nor You shall be liable for any failure or delay in performance under this Agreement due to causes beyond reasonable control, including but not limited to acts of God, war, pandemic, or natural disasters.

  1. Termination

9.1 Termination by Owner: You may cancel Your subscription at any time by providing notice through the online portal. Upon cancellation, Your property will be removed from the platform, and no future bookings will be accepted.

9.2 Termination by Istria.Holiday LTD: We may terminate this Agreement or suspend Your subscription if You breach any terms of this Agreement, fail to provide accurate property information, or fail to make payments when due.

9.3 Termination for Convenience Istria.Holiday LTD reserves the right to terminate this Agreement for convenience at any time by providing the villa owner with 30 days’ written notice. During this notice period, no new bookings will be accepted, but all existing bookings will be honored according to the terms set forth in this Agreement. Upon termination, Istria.Holiday will cease providing services under this Agreement, and the property listing will be removed from the platform.
Any outstanding payments due to the villa owner for completed bookings or cancellations that occurred prior to the termination date will be settled in accordance with the payment schedule outlined in this Agreement. Istria.Holiday LTD will not be liable for any indirect or consequential losses arising from the termination of the Agreement for convenience.

9.4 Effect of Termination: Upon termination, all active bookings will be processed in accordance with the Booking Terms and Rules, but no new bookings will be accepted. No refunds will be issued for unused portions of the subscription term.

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.

  1. Amendments

We reserve the right to amend this Agreement from time to time. Any changes will be communicated to You via email or the online portal. Continued use of Our services after the amendment constitutes Your acceptance of the updated terms.

  1. Data Protection and GDPR Compliance

12.1 General Data Protection Regulation (GDPR): We are committed to protecting your personal data and ensuring that it is handled in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679.

12.2 Data Collection and Use: When subscribing to our service, we collect personal data such as your name, contact details, and payment information. This data is processed solely for the purposes of managing your subscription, processing payments, and communicating with you about your property and bookings.

12.3 Data Sharing: We may share your personal data with third-party service providers, such as payment processors and customer support services, in order to provide the subscription services. All third-party providers are required to comply with GDPR and ensure the security of your personal data.

12.4 Your Rights: Under GDPR, you have the right to access, correct, or request the deletion of your personal data. You can also request to restrict or object to certain types of data processing. To exercise your rights, please contact us at [email protected] .

12.5 Data Retention: We will retain your personal data only as long as necessary to fulfil the purposes for which it was collected or as required by law. After this period, your data will be securely deleted or anonymized.

12.6 International Data Transfers: As we are a New Zealand-based company, your data may be transferred outside the EU. We ensure that any international data transfers are carried out in compliance with GDPR, ensuring that appropriate safeguards are in place to protect your data.

 

By electronically accepting this Agreement on the Istria.Holiday platform, the Villa Owner confirms that they have read, understood, and agree to the terms and conditions of this Subscription Agreement. No physical signature is required, and acceptance is legally binding upon selection of the ‘I Agree’ button.

 

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