General Terms and Conditions & Accomodation Rules

The text elaborates in more detail the procedure of reservation and accommodation in the accommodation units managed by the company SMJEŠTAJ I TO D.O.O., Ivana Matijaševića Street 14, 20000 Dubrovnik, Croatia (hereinafter: the Hedera Estate) during the time specified in the booking confirmation of Hedera Estate. Furthermore, the text represents the General Terms and Conditions of Use of Accommodation (hereinafter: General terms) as an integral part of the Services Agreement concluded between Hedera Estate and the Guest (hereinafter: the Agreement).

The Agreement is, as a rule, considered as concluded, only by payment of a non-refundable deposit, as detailed in Article 3 Item 1 of General terms. By concluding the Agreement in some of the ways provided, the Guest confirms that he is familiar with the General terms, that he has been offered and accepts these General terms and conditions of use of the accommodation (hereinafter: the Accommodation).

In the electronic form of Agreement signing, the Guest will be offered a choice "I agree / disagree". If he/she agrees with the General terms, he/she shall select "I agree" and vice versa. If the Guest selects "Do not agree" option, he/she will not be able to continue booking process.

 

Article 1 – Minimum stay

The prices on the website refer to a minimum stay of three consecutive overnight stays. Hedera Estate reserves the right not to accept a stay in a shorter period of time.
If Hedera Estate accepts the possibility of a shorter stay, it is possible to charge higher prices than those based on a stay of three overnight stays. In that case, 30% higher price can be charged for a two-nights stay; and 50% higher price can be charged for a one-night stay. As prices vary depending on the period of the year, prices for shorter stays may be reduced.
Price reductions are possible during the reservation process or by direct contact via the following email addresses: sales@hedera-estate.com and contact@hedera-estate.com.

 

Article 2 – Pets

Pets are allowed with prior notice. However, Hedera Estate reserves the right to refuse access for pets in the Accommodation.

 

Article 3 – Payment

3.1. Deposit
To confirm reservation, the Guest is required to pay a non-refundable deposit (hereinafter: the Deposit) at the time of booking. Deposit is 40% of the price for each booked night. In each reservation the amount of the Deposit must be stated in the booking form. Guest shall be notified about the amount of the Deposit at the beginning of the booking process. The prices on the website are expressed in euros, but all payments must be made in kunas.
When the Guest makes a payment, it will be charged on his credit card after a currency conversion, and according to the current exchange rate of a commercial bank that follows a cash transaction. When charging from the Guest’s credit card, the amount charged is converted into the home currency of the Guest’s State by the credit card company's exchange rate, as is commonly the practice of card companies. Because of this conversion, there is a possibility of fewer differences than the price quoted on our website.
Accepted credit cards are: American Express, MasterCard, Visa and Diners.
Payment of the Deposit can also be made in one of the following ways: (i) by paying the Deposit directly to Hedera Estate account, (ii) by paying Deposit using credit card using a WS pay toll system, or (iii) by giving the permission to pay the Deposit by charging the Guest's credit card using the POS system of Privredna Banka Zagreb. Paying the Deposit in any of the ways described, or by paying the Deposit in any other way with the prior approval of Hedera Estate, the Agreement is deemed to have been concluded. The amount of the Deposit will be charged and will charge the Guest’s credit card in accordance with the procedure referred to in Article 5 of the General terms.


3.2 Breakage Deposit
During check in you are required to pay a refundable deposit (hereinafter: Breakage Deposit). The amount to be paid depends on the property type, for more details please check the table below. Breakage Deposit can be paid via Debit or Credit card. Hedera Estate will reserve the necessary funds in your account, which will than be returned to you no later than 7 days from the day of departure if no damage has been done to the property.

Breakage Deposit amount:

  • Villa Donna Paola - 1000 EUR/7500 HRK
  • Apartment Hedera A4 - 500 EUR/3750 HRK
  • Villas and houses – 300 EUR/2250 HRK
  • All properties with swimming pool or Jacuzzi - 300 EUR/2250 HRK
  • 3-bed apartments – 200 EUR/1500 HRK
  • 2-bed apartments – 150 EUR/1125 HRK
  • 1-bed apartments and studio apartments – 100 EUR/750 HRK


3.3. The Balance
The Balance is payable in cash or by credit/debit card upon arrival at the destination or directly to the Hedera Estate account within two days of receipt of reservation. Method and the terms of payment of the balance must be stated in each reservation form about which the Guest shall be notified at the beginning of the booking process. The Balance is payable in kunas.
If the Guest does not feel comfortable travelling with a large amount of cash, he/she can directly contact Hedera Estate to arrange the method of payment to the mutual satisfaction.

 


 

Article 4. – Cancellation

Any full or partial cancellation of the reservation after the payment of the Deposit will result in the forfeiture of the Deposit paid for the cancelled nights. In cases of partial cancellation, the Deposit paid at the time of booking cannot be applied to the Balance due for nights stayed. The Deposit paid at the time of booking for the Accommodation cannot be applied to any other accommodation unit managed by Hedera State.
The refund of the Balance cannot be done in case of full or partial cancellation after the arrival at the property. Exceptionally, the refund of the Deposit and/or the Balance will be granted if the Agreement is canceled sufficiently early on which Hedera Estate will decide in each case. 

 


 

Article 5 – Confirmation

5.1.  Confirmation by direct payment of Deposit to Hedera Estate account

In case of a direct deposit payment to Hedera Estate's account, Hedera Estate will, upon receipt of the funds, issue a confirmation of the booking to the Guest (hereinafter: the Booking confirmation) within 48 hours of the receipt of payment.


5.2. The Booking confirmation by using WS Pay system
Within few minutes after the reservation process and Deposit payment has been completed, the Guest will receive 2 automated emails.
The first will be the Booking confirmation containing full details of the Guest’s reservation including the date of booking, the number of adults, the number of children, the number of overnights reserved, the date of arrival and departure, the total price and amount of the Deposit.
The second will be from WS Pay (payment processor) ​​confirming that Guest’s credit card has been successfully authorized.
The third message is sent, generally, within 24 hours of the Deposit payment and WS Pay confirms that the Deposit from your Guest’s card has been successfully charged.

 

5.3. The Booking confirmation by authorizing the credit card debit

After payment of the Deposit on Hedera Estate's account and issuing credit card payment fees, the Hedera Estate’s card company will authorize the credit card debit for the required amount. Hedera Estate will then issue the Booking confirmation to the Guest as soon as possible.

 

5.4. Other
The Booking confirmation will produce effects only after (i) Hedera Estate receives direct payment to its account or (ii) successful charge from the Guest’s credit card, or (iii) upon receipt of the third Pay Way e-mail message as described in the previous paragraphs. Upon arrival, the Guest shall submit an e-mail with the Booking confirmation.

If the Guest does not receive the e-mail mentioned above, he/she should check all of the Junk and Trash folders together with Inbox folder as the Hedera Estate e-mail sometimes redirects mails to those folders. Also, the Guest can contact Hedera Estate via the following e-mail addresses: sales@hedera-estate.com and contact@hedera-estate.com., after which the mail with Confirmation of reservation will be send back to him/her.

 

5.5. Security of payments

The entry and transfer of personal data and credit card number data is protected by the highest security standards provided by the WS Pay system for online credit card authorization in accordance with the requirements of card and card brands and PCI DSS standards. Authorization and credit card payment is done by using WS Pay for real time authorization and billing.
Hedera Estate uses WS Pay for online payments. WS Pay is a secure system for online payments, real-time payments, credit and debit cards and other payment methods. WS Pay ensure secure enrollment and transfer of the tab data to the buyer and the merchant what confirms the PCI DSS certificate that WS Pay has. WS Pay uses SSL 256-bit encryption certificate and TLS 1.2 cryptographic protocol as the highest degree of data entry and data security.

American ExpressDiners Club InternationalVisaMasterCard MaestroDiscoverDinacard MasterCard® SecureCode™Verified By VisaWSpay™ - Web Studio payment gateway

 

Article 6 - Arrival information

Once the reservation is confirmed, the arrival details will be arranged. It is usually done via e-mail and for that purpose the Guest will be contacted by Hedera. Check-in is possible from 3 PM and in the villas from 5 PM. Check-out time for all the Accommodation is until 10 AM. Exceeding the time of departure is unconditionally charged, and the amount corresponds to the 50% daily fee for the use of the particular Accommodation but without the possibility of further stay in the Accommodation.
Individual arrangements for different arrival/departure time are possible without additional charge but cannot be guaranteed. However, late check-in and/or late check-out (between 00:00 and 06:00 hours) will be charged depending on the type of booked Accommodation according to the following pricelist:
  • Villas and houses – 25 EUR/190 kn
  • 3-bed apartments – 20 EUR/150 kn
  • 2-bed apartments – 15 EUR/100 kn
  • 1-bed apartments and studio apartments – 10 EUR/75 kn

 

Article 7 – Price Adjustments

The prices listed on our website reflect the prevailing prices at the time of reservation. Hedera Estate may offer price discounts to generate last minute bookings or raise prices to reflect improvements to the Accommodation. In these cases, no price adjustments will be made to bookings that were made prior to the implementation of the price change.

 

Article 8 – Accommodation availability

The availability calendars for the Accommodation are listed on Hedera Estate’s website. However, since the booking process is automatic, a situation is possible in which the same Accommodation receives more reservations at the same time. In these cases, Hedera Estate will offer the Guest the option of alternative accommodation of the appropriate quality and price, unless such accommodation is unavailable. For such alternative accommodation Hedera Estate assumes no additional responsibility.

 

Article 9 – Accommodation Representation

Hedera Estate took all actions they deem necessary to ensure that descriptions and photographs on their website are accurate representation of the accommodations and cannot be held responsible for any discrepancies between representation of Accommodation on the website and their real state.

 

Article 10 – The House rules

When the Guest receives the Booking confirmation, it is presumed that he/she is familiar and agrees to be familiar with and comply with the House rules and to fully agree to it in its entirety. Violation of the House rules may result in the cancellation of the booking and payment of the full price for Accommodation, regardless of the shorter stay than anticipated.
  • Upon arrival, guests shall provide their personal documents to Hedera Estate for registration in the Register of the local Tourist Office. Documents shall be returned within 24 hours (it usually takes 5-10 minutes).
  • Hedera Estate changes the towels every 3 days and bed linen every 7 days. Hedera Estate does not clean the Accommodation. Cleaning is possible upon request and at an additional cost.
  • Hedera Estate and/or any third party are not entitled to enter the Accommodation without notice or permission. However, if there is a suspicion that the Guest or Accommodation is in any danger or that the Guest has violated the House rules of Hedera Estate, Hedera Estate may enter the Accommodation.
  • If there is a swimming pool on the area of Accommodation, the Guest may use it at his own responsibility
  • All Pools included to Accommodation are safe for use only for good swimmers. Non-swimmers or bad swimmers shall not enter the swimming pool or be around the swimming pool.
  • In the pool or around the swimming pool Guests should behave carefully and responsibly and it is forbidden to run or jump in/around the swimming pool. Children should not be left unattended. Glass containers and electronic devices are not allowed in/around the swimming pool. The Guest is urged not to consume food in the swimming pool.
  • The swimming pool or jacuzzi use is not permitted without prior showering, especially after use of sunscreen and lotion, as they contain water-polluting substances. In case the water in the swimming pool or jacuzzi is extremely contaminated for non-compliance with the rules mentioned above, additional cleaning of the swimming pool or jacuzzi is charged according to the following price list:
  • the swimming pool – 500 EUR/3800 kn
  • jacuzzi – 200 EUR/1500 kn
  • Hedera Estate is at Guest service during the stay for all information and help. Hedera Estate is not obliged or responsible to organize the Guest’s free time. Complaints about quality of Accommodation or untidy service can be sent via e-mail to info@hedera-estate.comin accordance with article 10. of the law of catering activity.
  • Hedera Estate is not responsible for the things of the Guest but will do everything in their power to protect those things and to alert the Guest to possible dangers.
  • Pets are allowed only with the approval of the Hedera Estate. Pets are not allowed without prior notice in the reservation and Hedera Estate has the right to cancel the Accommodation.
  • The inflammable and explosive substances and substances with strong or unpleasant odors are prohibited in the Accommodation. The Guest cannot enter electrical appliances without the permission of the Hedera Estate. Energy consumption is included in the price of Accommodation and does not include unusual additional electrical devices.
  • For each unusual expense of electricity found in the Accommodation, additional costs will be charged in accordance with estimated electricity consumption, regardless of whether the devices are used in accordance with the estimate.
  • Between 11 PM and 7 AM is time of night peace. Between 2 PM and 5 PM is period of siesta. In that period the Guest is urged not to disturb his/her neighbors or other Guests in the Accommodation.
  • The Guest is urged to take good care of the rented Accommodation and to disconnect electrical appliances and taps when not in use.
  • The air conditioner should not be left on if there is no need, for example, while the Guest is outside the Accommodation and does not use it with open windows and doors.
  • It is strictly forbidden to bring other people in the Accommodation. In case the unregistered persons or the persons not announced during the reservation of the Accommodation are in the Accommodation, Hedera Estate has the right to cancel the Accommodation.
  • Guests from other accommodation units that are not managed by Hedera Estate do not have the right to visit or stay in the Accommodation without the explicit consent of Hedera Estate.
  • The Guest who causes property damage, irrespective of his own personal fault, shall compensate the Hedera Estate for the full amount of damage. On the day of departure, the Guest is obliged to personally invite the representative of Hedera Estate and check in his presence all the rooms and home appliances to prove he/she has not done any damage. Only after that, the Guest can leave the Accommodation.
  • For any undisclosed damage Hedera Estate will claim the compensation from the Guest.
  • At the time of departure, the Guest is required to leave the Accommodation in the condition he/she has found – clean, neat and undamaged. If the Accommodation is left with more than one-day garbage in it, addition cleaning is charged depending on the type of Accommodation according to the following price list:
    • Villas and houses – 105 EUR/800 kn
    • 3-bed apartments – 80 EUR/600 kn
    • 2-bed apartments – 60 EUR/450 kn
    • 1-bed apartments and studio apartments – 45 EUR/350 kn
    The Accommodation will be unconditionally canceled to the Guest who does not abide by the House rules.
    In the case of cancellation of the Accommodation due to violation of the House rules, the Guest will be obliged to pay total amount for the Accommodation during the booked period, regardless of the actual shorter stay.
    Any dispute that cannot be resolved in agreement with Hedera Estate will be solved by intervention of the police or in court proceedings before the competent court in Dubrovnik.
    Claims are only considered if they are submitted during the stay of the Guest. Subsequent claims are not considered.
    If the Guest does not agree and does not comply with these provisions, he/she shall leave the Accommodation without delay.

 

Article 11 – Conclusion

If the Guest fails to comply with any of the provisions of this Agreement or if Hedera Estate suspects compliance with its provisions, Hedera Estate may, at its sole discretion and without prior notice: (i) terminate this Agreement and the Guest remains responsible for all costs up to and including the date of termination of the Agreement according to the initial booking, (ii) modify, suspend or terminate the service (or any part of it) at any time, with prior notice.

 

Article 12 – Liability Disclaimer

The Carriers, Accommodation owners, and other suppliers providing travel or other services on the website are independent contractors and not agents or employees of Hedera Estate. Hedera Estate is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. Hedera Estate has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall Hedera Estate, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access, display of or use of this website or with the delay or inability to access, display or use website (including, but not limited to, your reliance upon opinions appearing on this website, any computer viruses, information, software, linked sites, products, and services obtained through this website, or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Hedera Estate and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Hedera Estate or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Hedera Estate or their respective suppliers’ liabilities will in no event exceed, in the aggregate one-hundred EUR (100 EUR).
The limitation of liability reflects the allocation of risk between parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed or its essential purpose. The limitations of liability provided in these terms inure to the benefit of Hedera Estate and/or their respective suppliers.

 

Article 13 – Applicable law and jurisdiction

Law applicable to this Agreement is the Croatian law. All disputes arising out of or in connection with this Agreement will be finally resolved before a competent court in Dubrovnik.

 

Privacy policy

This is the web page of the SMJEŠTAJ I TO d.o.o. Travel Agency, Ivana Matijaševića Street 14 20000 Dubrovnik, Croatia (hereinafter: Hedera Estate).
Hedera Estate is available via e-mail addresses: sales@hedera-estate.com and contact@hedera-estate.com and phone 385 99 613 64 18.
For each visitor (hereinafter: the Visitor) to web site of the Hedera Estate (hereinafter: the Website), the Web server automatically recognizes its IP address, but only for overall usage and reporting. No data is stored that can personally identify the Visitor. Hedera Estate does not collect information about Visitors. The information Hedera Estate collects is used for internal audits and then discarded.

 

Cookies

Cookies are unacknowledged documents that are temporarily stored on the Visitor’s hard drive and allow the Website to recognize Visitor’s computer when he/she visits the Website the next time. The provider uses cookies only to collect information related to the use of the Website. The Website uses data from Google Analytics for advertising marketing. This means the Visitor can see Hedera Estate’s ads on the Google advertising network or on other websites which use this type of advertising. Cookies like Google Analytics cookies or some other cookies such as DoubleClick cookies are used to optimize the Visitor’s ad views on the pages he/she visits and track his/her visits to those pages. Based on the Visitor’s interests, data from Google advertising and third-party data (such as age, sex, interest) are used in combination with Google Analytics to better understand, analyze, and optimize your advertising and site performance.

 

Use of personal data

If the Visitor provides Hedera Estate with his/her email address to collect information, he/she will receive only the information for which he/she entered his/her address. If the Visitor allows Hedera Estate to provide him/her the information via e-mail, he/she will receive only the information he/she has requested.
The Visitor who leaves his/her phone number to Hedera Estate to notify him on reservations, requests or information gathering, Hedera Estate will inform him via that phone number.
Hedera Estate guarantees that all personal information that the Visitor submits to Hedera Estate will be kept with the utmost care and will only be used for fulfilling the contract, fulfilling its legal obligations or for the purpose for which the Visitor has given the consent. Hedera Estate does not provide any personal information collected on the Website, including forms or lists of contracts from e-mail, to the third party, except for the purpose of fulfilling the contract.
Visitor’s personal information can be used for other purposes than previously stated only if Hedera Estate informs the Visitor about it and gives him the possibility to reject it.

 

Identifying the Guest

Hedera Estate respects the Visitor’s privacy. Every communication between Hedera Estate and the Visitor is considered strictly confidential. Hedera Estate guarantees that all the information the Visitor provides to Hedera Estate will be kept with the utmost care and will not be used in the way Visitor did not agree. Hedera Estate does not sell or rent any personal information collected on the website, including forms or mailing lists.
Hedera Estate does not reveal the identity of the Visitor unless it is legally required to do so or if it has obtained consent of the Visitor.

At the Visitor's request, Hedera Estate will allow the Visitor access to all available information that may include financial information (e.g. credit card information), transaction data (e.g. data on dates when they have paid for Hedera Estate’s service, quantities and type of service) (e.g. e-mails, customer inquiries), contact information (e.g. name, address, phone number) and description of these details. The Visitor may correct this information by sending an e-mail to Hedera Estate’s address mentioned above, by calling the telephone number mentioned above or by writing to the address above.

 

The Communication privacy

Hedera Estate respects the Visitor's privacy. Every communication between the Hedera Estate and the Visitor is strictly confidential. Hedera Estate guarantees that all collected data will be treated with utmost confidentiality and according to the law and privacy policy regulations.

Personal information exchange is done through the https protocol.