General Terms and Conditions
General Terms and Conditions of MARIS LUPUS d.o.o. and the brand names VIOLA RESIDENCE, VIOLA APARTMENTS MEDULIN
Valid from 01.01.2024
The Resort VIOLA RESIDENCE (formerly known as Viola Apartments Medulin) is owned, represented and managed by MARIS LUPUS d.o.o. (Ltd.) OIB (VAT-Nr): HR90709322812, Vrčevan 109, 52203 Medulin, Croatia. (Maris Lupus d.o.o. hereinafter referred to as „ML”, Viola Residence as „VR”)
These General Terms and Conditions apply to all contracts for the rental of apartments or rooms (unit) for accommodation, which are concluded between ML or its respective domestic subsidiaries (VR) and a guest (together “Parties”), as well as to all other services and deliveries provided by ML (accommodation contract), unless the parties have reached an individual agreement.
The guest’s general terms and conditions are not recognized and shall only apply if this has been expressly agreed between the parties in advance.
1 Conclusion of contract
1. The contractual partners are ML and the guest. The accommodation contract comes into effect upon acceptance of the guest’s application by ML. ML is free to confirm the respective booking in text form.
2. If a third party has booked for the guest, the guest shall be liable to ML together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that ML has a corresponding declaration from the third party. These terms and conditions also apply to the third party.
2 Reservations
1. By making a reservation, the guest offers to conclude an accommodation contract. If the booked unit is available, the guest receives a confirmation of reservation from ML. By this acceptance of the reservation made by the guest, an accommodation contract is concluded between ML and the guest. However, the guest does not acquire any claim to the provision of specific units, unless this has been expressly agreed in writing in the accommodation contract.
2. Offers from ML with regard to available units are subject to change and non-binding. ML may, at its own discretion, refuse to conclude an accommodation contract.
3. There is no entitlement to use the overnight accommodation service in a particular unit. ML reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or down payments for certain dates.
3 Cancellation policies
1. A guaranteed reservation exists when the guest’s prepayment (50%) has been received. A guaranteed reservation can be cancelled free of charge by the Guest in accordance with the stated cancellation terms and conditions (14 days before arrival) and by quoting the reservation number. The customer’s right of cancellation expires if he does not exercise his right of cancellation to ML by the agreed date.
2. After expiry of the cancellation periods, cancellation shall be excluded and ML shall retain the claim to the agreed remuneration – despite non-utilization of the service – less any expenses saved. The same applies in the event of the guest’s no-show or if the guest leaves earlier than agreed. In the case of guaranteed reservations lasting several days, all subsequent nights including the second night are cancelled in the event of no-show and the guest.
3. Reservations for which rest-payment by the guest is not yet guaranteed, are valid until 22.00 hours on the day of arrival. After 22.00 hrs the reservation expires automatically. ML is entitled to rent the reserved unit to another party.
4. Unless otherwise agreed between ML and the guest in the accommodation contract, in the case of a group booking (three units or more), the guest may cancel up to thirty days before arrival. If the customer cancels the accommodation contract up to 14 days before arrival, ML is entitled to charge 50% of all reserved services. If the guest cancels at a later date, ML is entitled to invoice 100 % of all reserved services.
4 Accommodation and other prices
1. The prices stated by ML at the time of conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local charges which are owed by the guest himself in accordance with the respective local law, such as tourist tax.
5 Terms of payment
1. 50% of the price of the entire booked accommodation service must always be paid by in advance by the guest, after max. 5 days by transaction or immediately by credit card. The rest of the price (50%) can be paid before arrival by bank transaction or by arrival by credit card (by online payment).
2. Valid means of payment are in Europe common credit cards and cash payments.
3. ML reserves the right to debit the deposited means of payment with the outstanding amounts for any fees subsequently incurred as a result of additional services used or breaches of the General Terms and Conditions.
4. ML invoices without a due date shall be payable immediately upon receipt of the invoice without deduction.
5. ML shall be entitled at any time to declare accrued claims due and to demand immediate payment. In the event of default of payment, ML shall be entitled to charge the respectively applicable statutory default interest.
6 Use of booked units
1. A reserved unit is available to the guest from 2pm on the day of arrival and until 10am on the day of departure. The guest has no claim to earlier or later availability in the aforementioned sense unless otherwise agreed with ML.
2. On request and subject to availability, an earlier arrival (early check-in) can be arranged with ML in advance. There is no contractual claim to early check-in.
3. On request and subject to availability, late check-out can be arranged with ML in advance. For departures after 2pm the half daily rate (according to the website of ML) of the unit will be charged. There is no contractual claim to a late check-out.
4. If a guest is not making the unit available by 10.00 a.m. at the latest, ML may charge 50% of the full daily price (list price).
5. Unless otherwise agreed, the keys and, if applicable, key cards provided must be handed over to ML on the agreed departure date, or, if agreed, left in the unit. If a key or key card provided is lost or not handed over on departure, a fee of 50.00 EUR will be charged.
6. ML shall remain entitled to demand compensation from the guest for any damage incurred by the latter as a result, insofar as such damage exceeds the amount of 50.00 EUR. This includes the costs for the replacement of the affected locking system, insofar as this is necessary for security reasons.
7 Resale
1. The resale/rental and/or further mediation of booked units is absolutely prohibited. In particular, the resale of units and/or unit quotas to third parties at higher prices than the actual unit prices is prohibited. The assignment or sale of the claim against ML is also not permitted. In such cases, ML is entitled to cancel the booking, in particular if the guest has made false statements to the third party about the type of booking or payment at the time of cession/sale.
2. The subletting of the unit provided, its use for purposes other than accommodation and the use of space outside the rented premises for advertising, job interviews, sales and similar events also require the prior express consent of ML in text form.
3. Use of the unit for any purpose other than the accommodation purpose, in particular any commercial use by the guest, is prohibited.
8 Liability of ML
1. If there are any gaps in the provision of the service, the ML will make every effort to rectify the situation. ML shall endeavour to remedy them as soon as it becomes aware of them or upon immediate notification of the guest. A guest is required to contribute to the detection of harm in order to elevate it as soon as possible. The guest is obliged to make a reasonable contribution to remedy the disturbance and to keep any possible damage to a minimum. Furthermore, the guest is obliged to inform the reception immediately of the possibility of extraordinarily high damages.
2. ML does not bear any responsibility in case of death, illness or injury of anyone in the hotel, outside the coverage of the insurance policy, if the harmful event was not caused by the ML or its staff through gross negligence.
3. ML does not bear responsibility for the complaint that would result in the failure of mechanical and other equipment in accommodation.
4. ML is not liable for noise or interference that comes outside the boundaries of the ML property or is outside the control of ML staff. ML is not responsible for events beyond our control, as bad weather, delays of other carriers, failure of domestic appliances, injuries arising from inappropriate use of equipment and non-compliance with instructions, as well as intentionally caused by the user of the ML service.
5. ML does not bear any responsibility for the loss of luggage or personal belongings if they not been reported and were outside the safe. Money, securities and valuables are kept in an room safe if the accommodation unit has such a disposition. If there’s no safe in the room, money and other valuables can be deposited at the front desk which is covered with insurance. ML recommends the guests to use this possibility. Lost luggage or theft shall be reported at the reception of the accommodation unit and the competent police station.
6. ML shall be liable for items brought in in accordance with the statutory provisions. The claim expires if the guest does not notify ML immediately after becoming aware of the loss, destruction or damage of the items brought in.
7. If the guest is using the parking space of the ML, ML does not bear any responsibility for the car. ML has no duty of supervision. In the event of loss or damage to motor vehicles or their content, ML shall not bear any liability.
8. Any items left behind by the guest will be sent to the guest on request at the guest’s risk and expense. ML shall store the items for six months and shall charge an appropriate fee for this, which is customary for this purpose and is based on the time and effort required for storage. After expiry of the period of safekeeping, the items will be handed over to the local loss-and-found office, the hotel shall not be liable for theft of or damage to clothes or any other items brought by the customer or his or her companions.
9. According to Art. 10. Consumer protection laws, the ML enables the submission of a consumer complaint, and it undertakes to receive a written consumer complaint on the performed service and to respond to it in writing within 15 days from the day of receiving the complaint. Consumers can submit a complaint about the quality of services in writing to the address: Maris Lupus d.o.o., Vrčevan 109, 52203 Medulin, Croatia or to email: office@viola-medulin.eu
9 Guest data
To verify the identity of the guest, ML is entitled to request the following valid identification document:
- for domestic and EU guests an identity card or passport,
- for guests from third countries the passport, and
- valid credit card data at check-in in digital form.
10 Termination of the accommodation contract
1. ML is entitled to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if
- force majeure or other circumstances beyond the control of ML to make the fulfilment of the accommodation contract impossible,
- units are booked under misleading or false information or withholding of essential facts e.g. the number of guests.
11 Smoking policy
1. The ML units are non-smoking units. Smoking is therefore prohibited in the closed area of the guest units. Enough outdoor areas where smoking is allowed are marked.
12 No partie in unity
1. Parties are not permitted in the ML units.
13 Damage or theft
1. In the event of damage exceeding normal use or theft, ML shall be entitled to charge the guest for the damage as well as for the separate expenses incurred in order to remedy the damage, including any loss of turnover resulting from not possible rental of the unit.
14 Pets
1. Pets are only allowed by request, the guest is obliged to make sure, that his pet is family friendly and quiet.
15 Maintenance
1. The guest undertakes to treat the unit provided, the furnishings as well as the rooms, equipment and facilities intended for common use with care and to ensure proper ventilation.
16 Group bookings/contingent contracts/event times
1. In the case of group bookings of more than five units and quota contracts, separate payment and cancellation conditions apply, which result specifically from the corresponding contracts.
17 Internet usage
1. ML shall provide the guest with internet access for excluded private purposes within the framework of existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar, cannot be excluded.
18 Final provisions
1. ML enables the submission of a consumer complaint, and it undertakes to receive a written consumer complaint on the performed service and to respond to it in writing within 15 days from the day of receiving the complaint. Consumers can submit a complaint about the quality of services in writing to the address: Maris Lupus d.o.o., Vrčevan 109, 52203 Medulin, Croatia or to email: office@viola-medulin.eu
2. Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
3. Place of service and place of payment are the registered office of the respective accommodation facility.
4. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.
This Privacy Policy has been compiled in English and is translated into other languages. In case of any discrepancy between the translated document and the English version, the English version shall prevail.