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GENERAL TERMS AND CONDITIONS OF BUSINESS AND ACCOMMODATION RESERVATION

CARMEN RESIDENCE APARTMENTS, OPATIJA

ARTICLE 1. GENERAL PROVISIONS AND PUBLISHER

1.1. These General Terms and Conditions (hereinafter: General Terms and Conditions) govern the terms and conditions of reservation, payment, provision and cancellation of hospitality services, accommodation and guest stay at the Carmen Residence facility, located at the address: Šetalište Carmen Sylve 32, 51410 Opatija, Republic of Croatia.

1.2. The catering service provider is:

  • Legal entity: Carmen Residence doo
  • Headquarters: Rizzijeva ulica 34, 52100 Pula, Republic of Croatia
  • OIB: 98205386291
  • MBS: 04727622
  • Email: info@carmenresidence.com
  • Phone: +385 92 384 6254

(hereinafter referred to as: Accommodation facility).

1.3. A guest is any natural or legal person who requests, contracts or uses the services of the accommodation facility (hereinafter: Guest).

1.4. By confirming the reservation (via the Accommodation Facility’s website, online reservation system, e-mail, telephone or personal arrival), it is considered that the Guest has fully read, understood and accepted these General Terms and Conditions.

ARTICLE 2. RESERVATION PROCESS AND CONTRACT CONCLUSION

2.1. Requests for accommodation reservations are submitted via the online reservation system, by email or by telephone.

2.2. The contract for the provision of hospitality services is considered concluded at the moment when the Accommodation Facility issues a written confirmation of the reservation (Confirmation Voucher) with a unique reservation number to the Guest, provided that a successful payment guarantee or advance payment has been made.

2.3. The accommodation facility reserves the right to refuse the reservation if the payment card information is not valid or if the authorization transaction does not pass security checks.

ARTICLE 3. PRICES AND FEES

3.1. All prices are stated in euros (€) and include value added tax (VAT) according to the applicable legal rates of the Republic of Croatia.

3.2. The accommodation price includes only the services specified in the booking confirmation. Additional services (e.g. wellness services, pet fee, etc.) are charged separately according to the current price list.

3.3. Tourist tax: Tourist tax is calculated in accordance with the current Law on Tourist Tax of the Republic of Croatia per person and day and, depending on the tariff offered, is stated on the invoice. Children up to 11.99 years of age and certain categories of guests are legally exempted or receive a discount in accordance with regulations.

3.4. Prohibition of additional fees for card payments (No-Surcharge Rule): In accordance with the operating rules of the Visa and Mastercard payment networks and the EU Directive on Payment Services (PSD2), the Accommodation facility does not charge any additional administrative fees, commissions or price increases for payments made by debit or credit cards.

ARTICLE 4. CARDS, GUARANTEE AND PAYMENT SECURITY (VISA & MASTERCARD STANDARDS)

4.1. Accepted means of payment: The accommodation facility accepts payments in cash (up to the legal limit), bank transfer and payment cards: Visa, Mastercard and Maestro.

4.2. Authenticity and SCA (Strong Customer Authentication): When entering card data online, the highest security standards are applied (PCI-DSS certification, 3-D Secure 2.0 / Visa Secure / Mastercard Identity Check), which require strong authentication of the cardholder to protect against misuse.

4.3. Payment card guarantee and pre-authorization:

  • To confirm the reservation, the Guest provides information on a valid credit or debit card as a payment guarantee.
  • In accordance with the operating rules of the Visa and Mastercard networks for accommodation service providers (Lodging Merchant Rules), the accommodation facility has the right to temporarily pre-authorize (block) the funds on the card in the amount of the first night or the estimated amount of stay before the Guest’s arrival.
  • Pre-authorization is not a final payment, but a reservation of available funds. When checking out and issuing a fiscal invoice at the reception, the pre-authorization is converted into a charge or is canceled if the Guest chooses another means of payment. The accommodation facility only charges the card up to the actual amount of the bill.

4.4. Advance payment / Deposit: If the selected tariff requires an advance payment for accommodation, the funds are collected by issuing an advance payment invoice with accurate tax items.

ARTICLE 5. CANCELLATION POLICY

Cancellation conditions depend on the agreed tariff and are clearly presented to the Guest before the final confirmation:

5.1. Standard (flexible) tariff:

  • The guest can cancel the reservation free of charge up to 15 days before the arrival date (until 2:00 PM local time of the Accommodation Facility).
  • In case of timely free cancellation, the Accommodation facility unblocks the pre-authorized funds or refunds the paid deposit within a maximum of 5 working days.
  • In case of late cancellation (after the deadline for free cancellation) or shortening of the stay, the Accommodation Facility reserves the right to charge a fee for late cancellation in the amount of 100% of the total amount.

5.2. Non-Refundable Rate:

  • By choosing a non-refundable rate, the Guest receives a preferential price. The entire amount of the reservation is charged immediately upon confirmation of the reservation.
  • In case of cancellation, date change or no-show, the amount paid is non-refundable in full.

5.3. Issuance of cancellation confirmation code (Visa & Mastercard rule):

When the Guest cancels the reservation in accordance with the applicable conditions via e-mail or the system, the Accommodation Facility issues a written Cancellation Confirmation Code with the exact time and date of receipt without delay. This number serves the Guest as official proof of timely cancellation in the event of a possible card complaint (chargeback dispute).

ARTICLE 6. NO-SHOW

6.1. If the Guest does not show up at the Accommodation Facility on the agreed day of arrival, and has not previously canceled the reservation in writing in accordance with the terms of the tariff, the situation is recorded as a No-Show.

6.2. In case of a No-Show:

  • In accordance with Visa and Mastercard standards, the accommodation facility has the right to charge a no-show fee in the amount of the entire reservation amount from the provided guarantee card.
  • The accommodation unit is kept for the Guest until 10:00 a.m. the following morning, after which the Accommodation facility has the right to release the unit for further sale if the Guest has not expressly announced a later arrival.
  • On the issued invoice and bill of lading, the transaction is clearly marked with the “NO SHOW” mark.

ARTICLE 7. CHECK-IN AND CHECK-OUT

7.1. Check-in: The accommodation unit is available to the Guest on the day of arrival from 5:00 PM.

  • When checking in, each Guest is required to present a valid official identification document (ID card or passport) for legal registration in the eVisitor system at the Ministry of Tourism and Sports of the Republic of Croatia.
  • Reception staff has the right to request access to the physical payment card used to guarantee the reservation in order to verify the identity of the cardholder.

7.2. Check-out: The accommodation unit must be vacated no later than 10:00 a.m. on the day of departure.

7.3. Late Check-out: Possible only by prior arrangement and subject to availability. Staying in the accommodation unit after the prescribed time without prior approval is subject to additional charges according to the price list.

ARTICLE 8. HOUSE RULES, DAMAGE COMPENSATION AND DELAYED CHARGES

8.1. The guest is obliged to behave with the care of a good host, respect the house rules and the peace of other guests (especially during the night-time quiet period from 10:00 PM to 9:00 AM).

8.2. Strict no smoking: Smoking is strictly prohibited in all accommodation units and closed areas of the accommodation facility. In case of violation of the smoking ban, the Guest is charged a contractual fee for special deep and ozone cleaning and decontamination of textiles in the amount of €200.00.

8.3. Damage and loss of inventory:

  • The guest is responsible for all material damage caused intentionally or through gross negligence to the inventory and equipment of the accommodation facility, as well as for the alienation of the property of the accommodation facility.
  • Subsequent billing (Delayed Charges according to Visa and Mastercard rules): If damage to the accommodation unit, missing inventory, unauthorized smoking or other unpaid expenses are found after the Guest’s check-out, the Accommodation Facility reserves the right to subsequently charge the Guest’s card. In this case, the Accommodation facility will send the Guest a written notification by e-mail with a detailed record, photo documentation and an official fiscal invoice for the resulting amount.

8.4. Pets: Pets are allowed only with prior written request, approval from the Facility and payment of the prescribed fee. The owner is responsible for all hygienic and material consequences of the animal’s stay.

ARTICLE 9. PROTECTION OF PERSONAL DATA (GDPR)

9.1. The accommodation facility collects and processes personal data of the Guest (name, surname, address, date of birth, document information, payment information) exclusively for the purpose of:

  • Execution of accommodation contracts and reservation processing;
  • Fulfillment of legal obligations (records in the national eVisitor system, fiscal and accounting regulations);
  • Protection of the accommodation facility’s legitimate interests (fraud prevention and property protection).

9.2. Payment card details are processed exclusively through certified, PCI-DSS compliant card acceptance systems. The property does not store full primary card numbers (PAN) or CVV/CVC security codes.

ARTICLE 10. PROCEDURE FOR SUBMITTING CONSUMER COMPLAINTS

10.1. In accordance with Article 10 of the Consumer Protection Act and regulations on hospitality activities, the Guest has the right to submit a written complaint about the quality of the service provided:

  • In person at the reception of the accommodation facility (with the issuance of a written confirmation of receipt);
  • By mail to the address: Šetalište Carmen Sylve 32, 51410 Opatija, Republic of Croatia
  • By email to: info@carmenresidence.com

10.2. The accommodation facility will respond to each duly received written complaint in writing no later than 15 days from the date of receipt of the complaint.

ARTICLE 11. FORCE MAJEURE

11.1. The accommodation facility and the Guest are released from liability for partial or complete failure to fulfill obligations in the event of force majeure (natural disasters, fire, state of war, epidemic restrictions by competent authorities, closure of roads and borders, etc.).

11.2. If the Accommodation Facility is unable to provide the contracted accommodation due to force majeure or unforeseen technical circumstances, it is obliged to offer the Guest accommodation of the same or higher category in the Opatija/surroundings area or to provide a full refund of the funds paid without additional costs.

ARTICLE 12. FINAL PROVISIONS AND TERMINAL JURISDICTION

12.1. All legal relationships arising from these General Terms and Conditions are subject exclusively to the substantive law of the Republic of Croatia.

12.2. The contracting parties will endeavor to resolve all disputes peacefully and by agreement.

12.3. In case of impossibility of a peaceful resolution of the dispute, the actual and local jurisdiction of the competent court in Pula is agreed upon.

12.4. These General Terms and Conditions apply from the date of publication on the official website and reservation portal of the Carmen Residence accommodation facility.

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