Sign In

Terms & Conditions

GENERAL TERMS AND CONDITIONS OF GOING REMOTELY D.O.O. IN CONTRACTUAL RELATIONS WITH USERS OF SERVICES OF ONLINE RESERVATION PLATFORM “REMOTELY”*

Definitions

In addition to the terms defined in other parts of these General Terms and Conditions, the following definitions apply throughout the text of these General Terms and Conditions, unless otherwise specified:

GOING REMOTELY” means the company GOING REMOTELY d.o.o., Zagreb, Ulica Paškala Buconjića 26, OIB: 47089228500.

Accommodation facility” means a co-contractor of GOING REMOTELY who, as a user of the service of using the online reservation platform “Remotely” with GOING REMOTELY d.o.o. enters into an Agreement on the use of the online reservation platform “Remotely”, of which these General Terms and Conditions of GOING REMOTELY d.o.o. are an integral part to use the online booking platform “Remotely” (hereinafter: “General Terms and Conditions”).

REMOTELY Platform” means the website (s), applications, tools, platforms and other means enabling the use of the services of GOING REMOTELY d.o.o.

Guest” means a visitor to the Platform or a user or guest of the Accommodation.

Personal Data” means all information relating to an identified or identifiable individual (including user information and credit card information).

Service” means the online system of GOING REMOTELY d.o.o. for booking a stay through which accommodation facilities can offer their accommodation units for booking and through which Guests can book accommodation in these accommodation facilities.

Intellectual Property Rights” means all patents, copyrights, inventions, database rights, design rights, registered designs, trademarks, trade names, trademarks, logos, service marks, expertise, exclusive use rights, unregistered designs and, where applicable, all applications of those rights, professional knowledge, trade or business names, domain names and other similar rights or obligations, whether registered, unregistered or other industrial or intellectual property rights existing in any in any area or under any legislation in the world.

Force Majeure Case” means any of the following cases affecting a large number of Guests and a number of accommodation facilities: natural disasters, volcanic eruptions, (natural) disasters, fires, war (acts of war), hostilities or any local or national crisis situations, invasions, compliance with any order or request of any state, regional, port or other public authority, government regulation or intervention, military action, civil war or terrorism, (biological, chemical or nuclear) explosions, riots, riots, uprisings, civil disobedience (as well as material or actual threat and reasonable expectation of any of the above events), restriction of traffic connections, airport closure and any other exceptional or catastrophic event, condition or emergency that prevents guests from traveling or staying in the Accommodation object or makes them impossible or illegal.

Subject of the General Terms and Conditions (and the Agreement)

1.1. These General Terms and Conditions of GOING REMOTELY d.o.o. in contractual relations with the users of the online reservation platform “Remotely” are an integral part of the Agreement to which the users of the service (accommodation capacities as users of the service) accessed by signing the Application Form for concluding the Agreement on using the online reservation platform “Remotely” (hereinafter: Application Form) by which they have accepted all the provisions of these General Terms and Conditions, to which the co-contractors of GOING REMOTELY d.o.o (service users) explicitly and clearly warned in the text of the Application Form.

1.2. These General Terms and Conditions regulate the contractual relations, i.e., the rights and obligations of the contracting parties (GOING REMOTELY d.o.o. as a provider of the online reservation platform “Remotely” and other contracting parties – Accommodation facilities as users of this service), as well as the conditions of online booking REMOTELY platforms owned by GOING REMOTELY d.o.o.

1.3. GOING REMOTELY makes available to the Accommodation facility the online reservation Platform REMOTELY and provides the service of mediation in booking accommodation for guests, while the Accommodation facility advertises its accommodation capacities through the online booking Platform REMOTELY, under the conditions regulated in detail by these General Terms and Conditions.

Obligations of the Accommodation facility

2.1. In order for the Accommodation to be included in the REMOTELY Platform, the Accommodation is obliged to provide GOING REMOTELY with the relevant information about the Accommodation. Accommodation information included on the Platform must include information related to the Accommodation (including photos and descriptions), its equipment and services, and rooms available for booking, details on prices and availability, and other rules and restrictions (“Information on Accommodation facility”). Information about the Accommodation facility should contain telephone numbers and e-mail addresses, and, if possible, websites (applications, social networking platforms). GOING REMOTELY reserves the right to edit and omit information in the event that it is found to be inaccurate, incomplete or inconsistent with the terms and conditions of this Agreement.

2.2. By signing the Agreement (Application forms for concluding the Agreement), the Accommodation Facility declares and guarantees that the Information on the Accommodation Facility is true and correct at all times and that they are not misleading. The permanent obligation of the Accommodation Facility is to correct and update the content of the Accommodation Facility Data, submitted to GOING REMOTELY in the event of changes to the Accommodation Facility Data.

2.3. For each reservation made by the Guest through the REMOTELY Platform, the Accommodation facility pays a commission (“Commission”) to GOING REMOTELY, provided that the same GOING REMOTELY charges directly from the Guest, all according to the conditions defined in these General Terms and Conditions.

Amount and method of payment of the Commission

3.1. In order to determine the total amount of the Commission and the final price shown to the Guest on the REMOTELY Platform, the Accommodation Capacity undertakes to provide GOING REMOTELY, prior to the announcement of accommodation capacities, with a detailed specification of required rents for all accommodation capacities published on the REMOTELY rental fees for each individual accommodation unit during the period of publication on the REMOTELY Platform).

3.2. Upon receipt of adequate data from point 3.1. of these General Terms and Conditions, GOING REMOTELY defines the final price displayed on the REMOTELY Platform to the Guest, which final price includes the accommodation fee, VAT, fees and all other (state, regional and local) taxes, fees, charges and levies (in the ratio in which these other taxes, fees and charges may be included in advance in the price without additional information), as well as the Commission charged by GOING REMOTELY, unless otherwise provided by a separate Agreement.

3.3. GOING REMOTELY is not obliged to individually inform the Accommodation facility about the amount of the final price that will be published on the REMOTELY Platform, but the Accommodation facility has the possibility, within 3 days from the date of publication of each Accommodation facility and the price to use it, to ask GOING REMOTELY to withdraw all / individual accommodation units, which GOING REMOTELY is obliged to do without delay.

3.4. GOING REMOTELY commission is the amount obtained by deducting the final price displayed on the REMOTELY Platform to the Guest and the requested amount of rental fee that the Accommodation facility provides to GOING REMOTELY (which fee includes accommodation fee, VAT, fees and all others (state, regional and local) taxes, fees, charges and levies), provided that GOING REMOTELY charges its Commission directly from the Guest and then pays (forwards) the remaining amount of the requested fee to the Accommodation facility, as defined in these General Terms and Conditions.

3.5. The total price per booking charged by the Guest is equal to the product (s) of the number of nights / days / weeks / months that the Guest spends in the Accommodation, (ii) the booking price per accommodation unit and per night / day / week / month (including VAT) and other applicable state, regional or local taxes and levies (“Taxes”) and other payment supplements, fees and charges included in the price offered at the time the Guest has booked a unit on the REMOTELY Platform, (iii) the number of units booked by the Guest and (iv) the corresponding percentage of the Commission charged by GOING REMOTELY upon receipt of the information referred to in item 3.1 of these General Terms and Conditions from the Accommodation Facility.

3.6. The fee of the Accommodation facility corresponds to the amount of the requested fee from item 3.1. of these General Terms and Conditions, which fee includes VAT, fees and all other (state, regional and local) taxes, fees, charges and levies (to the extent that these other taxes, fees and levies can be included in the price in advance without additional information ) and GOING REMOTELY is not obliged to bear all the stated costs in case the amount of the fee is charged for the additional stated benefits.

3.7. GOING REMOTELY will pay the fee to the Accommodation facility within 2 days from the day of the Guest’s arrival at the Accommodation facility, except in case of the Guest’s stay longer than 30 days in which case the fee for each month will be paid by the fifth day of the month. fee for the first month of stay to be paid within 2 days from the date of arrival of the Guest in the Accommodation facility, and which fee in all described cases includes VAT, fees and all other (state, regional and local) taxes, fees, charges and levies in which these other taxes, fees and charges may be included in advance in the price without additional information), while GOING REMOTELY retains from the amount received from the Guest the amount of the Commission, defined in these General Terms and Conditions.

Reservations

4.1. After the Guest on the REMOTELY Platform makes a Reservation, GOING REMOTELY will inform the Accommodation facility in an appropriate manner (by phone or e-mail) as soon as possible, stating the date of arrival, number of nights, type of accommodation unit, price of the accommodation unit. , the name and contact of the Guest (all information is called “Guest Information”) and other possible special requests of the Guest. The accommodation facility is obliged to confirm the stated Reservation to GOING REMOTELY within 24 hours from the receipt of the notification, about which GOING REMOTELY will then inform the Guest.

4.2. After the Reservation, a direct contractual relationship of providing accommodation services is created (and thus a legal relationship) exclusively between the Accommodation facility and the Guest and GOING REMOTELY is not responsible for fulfilling the obligations from the stated contractual relationship of providing accommodation services.

4.3. The Accommodation Object undertakes to consider the Guest as its contracting party and to act according to the online reservation in accordance with the Data on the Accommodation Object (including the price) which were on the Platform at the time of booking and in the booking confirmation.

4.4. Complaints or claims (relating to the service offered, provided or provided by the Accommodation Facility) addressed to the Accommodation Facility and the specific requests of the Guest are resolved by the Accommodation Facility, without the mediation or participation of GOING REMOTELY. GOING REMOTELY does not bear or acknowledge any liability related to such claims of the Guest. Likewise, GOING REMOTELY does not bear or acknowledge any liability in connection with claims that may arise for the Accommodation facility against the Guest on the basis of a contractual relationship for the provision of accommodation services.

4.5. In principle, the accommodation cannot cancel online reservations. In case of cancellation of the online reservation by the Accommodation facility, the same is obliged to pay GOING REMOTELY a contractual penalty in the following amounts:

  • in case of cancellation of the online reservation in the period longer than 30 days preceding the day of the expected arrival of the Guest, the Accommodation facility pays a contractual penalty in the amount of 10% of the price of the booked accommodation unit;
  • in case of cancellation of the online reservation in the period from 30 to 15 days preceding the day of the expected arrival of the Guest, the Accommodation facility pays a contractual penalty in the amount of 50% of the price of the booked accommodation unit;
  • in case of cancellation of the online reservation in the period shorter than 15 days preceding the day of the expected arrival of the Guest, the Accommodation facility pays a contractual penalty in the amount of 100% of the price of the booked accommodation unit.

4.6. In the event that the Accommodation facility for any reason, caused by its own fault (eg overbooking, etc.) is unable to fulfill its obligations under this Agreement, the Accommodation facility will notify GOING REMOTELY as soon as possible and in that case the Accommodation facility GOING REMOTELY pays a contractual penalty in the amount of 100% of the price of the booked accommodation unit.

4.7. In case of cancellation of the reservation by the Guest, the Accommodation facility is entitled to a fee, which fee corresponds to the fee from point 3.7. of these General Terms and Conditions in the following amounts:

  • in case of cancellation of the online reservation by the Guest in the period longer than 30 days preceding the day of the expected arrival of the Guest, the Accommodation facility is entitled to a fee in the amount of 10% of the fee;
  • in case of cancellation of the online reservation in the period from 30 to 15 days preceding the day of the expected arrival of the Guest, the Accommodation facility pays a contractual penalty in the amount of 50% of the price of the booked accommodation unit;
  • in case of cancellation of the online reservation in the period shorter than 15 days preceding the day of the expected arrival of the Guest, the Accommodation facility pays a contractual penalty in the amount of 100% of the price of the booked accommodation unit.

4.8. Notwithstanding the provisions of point 4.7. of these General Terms and Conditions in case of cancellation of the online reservation by the Guest in the period longer than 30 days preceding the day of the expected arrival of the Guest, the Accommodation is entitled to a fee of 10% fee only for the first month of booking. Also, notwithstanding the provisions of point 4.7. of these General Terms and Conditions, in case of cancellation of the online reservation by the Guest, and when the Guest substantiates his cancellation with justified reasons (eg emergency situation caused by Covid-19 epidemic, flight cancellation, etc.) the Accommodation facility is not entitled to compensation and the Guest will not bear no cost. GOING REMOTELY decides on the justification of the reason for cancellation of the reservation and will inform the Accommodation facility about it, with which the Accommodation facility agrees.

4.9. GOING REMOTELY excludes all liability to the Accommodation facility associated with any (temporary and / or partial) interruptions, losses, unavailability, downtime of the REMOTELY Platform.

License

5.1. GOING REMOTELY hereby grants you a non-exclusive right and a license free of charge and valid worldwide, for the following:

(a) use, reproduction, reproduction by intermediary, distribution, sublicensing, communication and assignment in any way and display of the transferred content (Accommodation data – photo, etc.), as well as the intellectual property rights held by the Accommodation object and which is The accommodation facility has been made available to GOING REMOTELY in accordance with these General Terms and Conditions, which GOING REMOTELY needs to exercise its rights and fulfill its obligations under these General Terms and Conditions;

(b) use, reproduction, reproduction by intermediary, distribution, sublicensing, display and use (including, without limitation, public performance, modification, adaptation, communication, reproduction, copying and making available to the public in any way) of the Accommodation Data, and which Data will be used by GOING REMOTELY in accordance with good business practices (for the purpose of promotion on social networks, etc.).

5.2. GOING REMOTELY may sublicense, assign, make available and offer Data on the Accommodation Facility (including relevant intellectual property rights) and special offers offered by the Accommodation Facility on the Platforms, as well as all further rights and licenses listed in these General Terms and Conditions in cooperation with related companies and / or third parties (via platforms, applications, tools and other means) (and their Platforms – “Third Party Platforms”).

5.3. GOING REMOTELY will in no case be liable to the Accommodation Facility for omissions committed on Third Party Platforms. The only remedy available to the Accommodation in relation to Third Party Platforms is (i) to make a request to GOING REMOTELY (which may or may not accept that request) in order to notify the Third Party Platform to discontinue or (ii) terminate the Agreement. in accordance with the provisions of these General Terms and Conditions.

Statements and warranties

6.1. The accommodation facility declares and guarantees to GOING REMOTELY that during the term of the Contract:

(i) The Accommodation has all necessary rights and authorizations to use, manage, own (if applicable) (sub) license and allow GOING REMOTELY to publish on the Platforms (a) the relevant accommodation and (b) the Intellectual Property Rights which relate to the Data on the Accommodation facility published on the Platforms, stated in that information or referred to in that information;

(ii) The Accommodation Facility owns and operates in accordance with all permits, registrations, licenses and other prerequisites of state institutions necessary for the conduct, performance and continuation of its operations and operations and the publication of the Accommodation Facility on Reservation Platforms;

(iii) the fee for the units advertised on the Platforms, which are made available for the Guest’s stays of 7 days or more, is equal to or more favorable than the most favorable fee (without GOING REMOTELY commission) for the equivalent stay advertised online by the Accommodation, published online or otherwise provided online on its website of the Accommodation and the Guest could not get a better price to make a reservation directly with the Accommodation on its website / application.

6.2. Each Contracting Party shall, during the term of the Agreement, declare and guarantee to the other Party the following:

(i) has full legal capacity and authority to enter into and perform its obligations under the Agreement (in accordance with these General Terms and Conditions);

(ii) has taken all business measures necessary to authorize the execution and execution of the Contract (in accordance with these General Terms and Conditions)

(iii) each Contracting Party must act in accordance with all applicable laws, regulations, ordinances and rules in the country, regional or local government in which the Party is registered, and in relation to the products offered (or to be offered) by the Party and / or services provided by provides (or will provide).

Liability and damages

7.1. GOING REMOTELY excludes any liability for damage to the Guest caused by the Accommodation facility during the provision of the accommodation service.

7.2. GOING REMOTELY excludes any liability for damage to the Accommodation facility caused by the Guest during the stay.

7.3. The accommodation facility undertakes to fully protect GOING REMOTELY from liability, indemnify it and protect it from all obligations, costs, expenses, damages, losses, duties, any claims, interest and legal proceedings paid, suffered or suffered by GOING REMOTELY. is exposed to him in connection with the following:

(i) any claims by the Guest that the information about the Accommodation Facility on the Platforms is incorrect, false or misleading;

(ii) any claims made by the Guest relating to or relating to the stay at the Accommodation, the overlapping of reservations or the (partial) cancellation of that erroneous reservation;

(iii) all other claims of the Guest that can be attributed in whole or in part to the Accommodation facility or the Accommodation facility is responsible for them (including (claims related to (defective) services provided by the Accommodation facility and products offered) and arising from the criminal offense, fraud, willful misconduct, negligence or breach of contract (including Guest Reservation) by the Accommodation, or may be attributed to the Accommodation (or its employees, employees, agents, sister companies and parties with whom the contract is contracted), in relation to to the Guest or his property;

(iv) all claims against GOING REMOTELY that relate to or result from the failure of the Accommodation Facility ua) proper registration with the relevant tax authorities or b) in the payment, collection, collection or withholding of any applicable taxes, fees or (additional) fees arising out of or based on services and other charges listed here in the area of ​​relevant jurisdiction.

7.4. Neither Contracting Party shall be liable to the other Party for any indirect, incidental or consequential damages or losses, including loss of production, loss of profit, loss of revenue, loss of contract, loss or damage to goodwill or reputation, loss of receivables. The Contracting Parties hereby expressly exclude liability for such damages and losses.

Duration and termination of the Agreement

8.1. Unless otherwise specified, the contractual relationship shall enter into force on the date of signing the Application Form for the conclusion of the Contract and shall continue for an indefinite period. Either Contracting Party may terminate the Agreement at any time and for any reason by giving written notice to the other Party at least 14 days before the denunciation.

8.2. Either Contracting Party may terminate (and remove / request the removal of the Accommodation facility on the REMOTELY Platform) with respect to the other party, with immediate effect in the event of a breach of this Agreement by the other Party (eg late payment, misrepresentation or receipt of significant number of guest complaints).

8.3. The following cases will be considered a breach and in these cases GOING REMOTELY has the right to immediately terminate or suspend the Agreement (without prior notice):

(i) if the Accommodation Facility provides GOING REMOTELY with information about the Accommodation Facility that is inaccurate or misleading;

(ii) if the Accommodation facility, if available, does not accept the reservation at the price indicated on the reservation;

(iii) if GOING REMOTELY receives one or more valid and serious complaints from one or more Guests who have booked accommodation at the Accommodation;

(iv) in the case of inappropriate, illegal or unprofessional treatment of Guests or staff of GOING REMOTELY;

(v) any safety, privacy and health issues related to the Accommodation facility or its facilities (The Accommodation Facility shall, at its own expense and at the request of GOING REMOTELY, provide appropriate permits, licenses, certificates or statements from an independent expert who proves and certifies compliance with applicable laws and regulations (relating to privacy, health and safety).

Confidentiality

9.1. The Contracting Parties understand and agree that in the performance of the Agreement each party may have access to or be exposed, directly or indirectly, to confidential information about the other party (“Confidential Information”).

9.2. Confidential information includes User Data, volume of transactions, marketing and business plans, business, financial, technical, operational and other information that is not public, and the party that provided it identifies it as private or confidential, as well as information for which the party who received them knows that they should be treated as private and confidential information.

9.3. Both Contracting Parties accept the following: (a) all Confidential Information shall remain the exclusive property of the Party which made it available and the receiving Party shall not use it for any purpose other than enforcing the provisions of the Agreement; (b) Confidential information shall be disclosed only to those Authorized Persons who need to know that information for the purpose of enforcing the Agreement; (c) not copy, publish, disclose or use (except in accordance with the provisions set forth herein) Confidential Information and shall use prudent methods to prevent such actions; (d) at the written request of the other Party, restore or destroy all Confidential Information (in printed or electronic form).

9.4. Notwithstanding the foregoing, Confidential Information does not include (i) information that is or will become public information, which is not caused by the action or omission of the party receiving it, (ii) information that was owned by a third party before the date of the Agreement, (iii) information provided to a third party, which has no obligation to maintain secrecy under these provisions, by the receiving party; or (iv) information required by law, court order, subpoena or order of a public administration body to insight.

9.5. The Parties will make reasonable business efforts to protect the confidentiality and privacy of User Data and will protect it from unauthorized use and disclosure. Each Party agrees to act in accordance with all applicable provisions (relating to personal data and privacy), the laws, rules and regulations of that Contracting Party (including (if applicable) Directives 95/46 / EC and 2002/58 / EC on the processing of personal data and the protection of privacy).

Final provisions

10.1. Neither party may assign or transfer its rights and / or obligations under the Agreement without the prior written consent of the other party, provided that GOING REMOTELY may assign or transfer its rights and / or obligations under the Agreement (in whole, in part or in part) to related parties. companies without the prior written consent of the Accommodation. In the event that the Accommodation Facility assigns or transfers rights or obligations, the one who transfers his rights / waives his rights is in no case released from the obligations arising from the Contract.

10.2. All notices and communications must be in writing by email and, in exceptional cases, by telephone.

10.3. The Contract with these General Terms and Conditions as an integral part (including appendices, annexes and annexes that form an integral part of the Contract) constitutes the only contractual relationship between the Contracting Parties on the subject of the Contract and replaces and cancels all previous contracts, agreements, (non) binding offers, obligations and statements related to the subject of the contract (including those towards the Accommodation facility).

10.4. The contractual relationship can also be entered into online – by signing the Application Form in PDF format, where each copy is considered original, valid and binding. The contract does not need a stamp to be valid, binding and legally valid.

10.5. If any provision of these General Terms and Conditions is invalid or non-binding, or becomes so, all other provisions shall remain binding on the Parties. In such a case, the Parties shall replace the invalid or non-binding provision with provisions that are valid and binding and have, to the greatest extent possible, an effect similar to that of the invalid or non-binding party, in accordance with the content and purpose of the Agreement and these General Terms and Conditions.

Zagreb, March 1, 2021

*In the case of any ambiguity, the original document in Croatian is leading.