Terms and Conditions
The Booking Procedure, and Terms and Conditions, including our cancellation policy.
To book your accommodation with Rose of Dubrovnik, Guests are kindly invited to submit your Booking online via the website. The team do their utmost to avoid disappointment to our guests, however, vacancies can change rapidly at times, owing to the high demand we experience, and once the deposit is received and processed, your reservation will be confirmed within 24 hours.
The deposit, which must be paid to secure your booking, may vary between properties, but will generally range from 10-30% of the final rent due. On submitting your deposit, the Terms and Conditions are accepted by all parties.
Payment is accepted by credit card secure payment via PayWay gateway. The remainder of the payment owing, (which is the total minus deposit) is due at arrival to your accommodation in Dubrovnik.
Prices of accommodation will be influenced by season of booking, length of booking, and number of guests. Many properties have a specifically listed minimum stay period, with the option of a short-stay surcharge. Extra guests arriving and sleeping over-night in accommodation, will incur a 30% surcharge.
A surcharge may be sought in the event of a booking for a period shorter than minimum stay( more details below), or for any extra Guests arriving to the accommodation who have not been declared at the time of booking, and for cleaning in the case of certain accommodations. A Visitors’ Tax is payable for all Guests arriving to Croatia: 1 euro/per night/per adult, and 0.50 euro/per night/per teen aged between 12 and 18, and no charge for children aged under 12.
Shortstay Bookings: Generally the minimum stays are indicated at each accommodation, and are accepted or not at the discretion of the Owner of the accommodation. For stays of three nights or under, generally Guests are asked to contact us two weeks before arrival when shortstay vacancies for three, two, or one night are released. There will be extra fees applied to shortstay bookings to cover cleaning costs.
Special requests and extra services, such as telephone, internet connections, cots, extra cleaning, apartment servicing, or other features stated in the website as available on request, should be requested a minimum two months in advance of arrival. Accommodations, with exceptions, are generally cleaned and serviced every seven days, or between bookings. Some accommodations charge extra for cleaning, and this will be generally advised at the outset. Extra services and cleaning can be negotiated with your host, or with us in advance of arrival.
Group Bookings: To avoid ambiguity and confusion in lodging payments, we appreciate group payments to be made in one single payment by an elected group representative. Bill-splitting will not be accepted.
Cancellation Policy:The deposit will be forfeited on cancellation of any bookings by Guests.
It may occur rarely in our experience, that a property Owner must cancel a booking (eg: urgent property repairs relating to health and safety, etc.). In this instance we will endeavour to advise guests as soon as possible of changes to conditions or a booking, to allow ample time for alternative arrangements to be made. In the event of a cancellation from the owner, we will offer the choice of comparable accommodation, an upgrade if possible, or a prompt and full refund.
Accommodation details at website: We endeavour to regularly update all accommodation details on this website, but there may be a delay in this regard, and all pertinent details should be verified with us at the time of booking or contact. Our policy is also to notify guests of a change in circumstances of their booking, such as nearby noisy construction works, etc. In these circumstances, our intention is to prepare guests for any changes, and to facilitate a satisfactory resolution if possible. The exact address of the accommodation will be provided on booking.
Terminology used on this website is as accurate as we can make it, and given international variations and nuances, we can only try our utmost to clarify whenever requested, and if a particular quality of an accommodation is tantamount to guests' satisfaction, that should be specifically enquired about. In general, private coastal or beach access is generally-speaking against local policy regarding land-ownership.Waterfront will refer to a property that is close to the waters' edge, the distance will be defined, and there will be no building obstructing water views or frontage. Distance to the Old Town refers to the approximate shortest walking or driving distance from the Old Town precinct, which can extend just beyond the actual walls of the Old Town (ie: the East-West banje beach and the Lazareti complex are part of the precinct). Guests should also note the discrepancy in defining bed-sizes (ie: USA and European terminology are not uniformly defined to re King size, Queen size, etc) When in doubt, please seek exact bed measurements.
Check-in time is from 3.00pm, and check-out is by 10.00am. Luggage hold is no longer a service we can provide, but is available to the public at Gruz Bus Station, or may be negotiated specifically with your landlord. Guests arriving to Dubrovnik by their own transport must contact their host in advance of arrival, to finalize arrival time, payment of the remaining rent, and collection of keys.
Cleaning In general, cleaning costs are included with the rental fee, with a few exceptions which are accordingly described in the website. Cleaning during stays is not generally offered, for security reasons, however, a change of bedlinen and towels is provided on the seventh day, unless otherwise arranged.
Accidents, Breakages, & Damages Policy: Guests are responsible for their own safety during their stay at our apartments and villas, and advised to undertake personal travel insurance cover for this reason. On arrival to accommodation, guests are advised, in the event of maintenance and repairs issues, all further enquiries should be directed to the landlord. Payment for breakages and repairs incurred by negligence or accident on the part of the guests will be sought by the landlord or host prior to departure from the accommodation. This office is open for calls from 08:00-20:00 hours weekdays, and 10:00-15:00 hours weekends.
Disabled and health-restricted guests: Please take note that staff and management at Rose of Dubrovnik encourage guests to read through introductory information and our website guide for visitors. Guests are held responsible for their own choices, and our staff will do their best to guide your decision according to the information given to us. Health-restricted guests are often better-advised to choose accommodation away from the steep centre, to avoid as much as possible the many steps of the Old Town, for which it is famous, among other reasons. Accommodations in Gruz, Lapad, and regional towns and islands usually offer relative ease of accessibility, compared to Ploce, Pile, and the Old Town. Gate access into the Old Town is achieved relatively easily by car, cab, bus, or ferry, and once entering the Old Town via Pile or Ploce gates (not the Buza Gate, which demands many steps) , the terrain is more level.
Requirements for Guests' behaviour: Guests staying in private accommodations are requested to observe local customs in respect of noise levels, and minimize disturbances to the surrounding neighbourhood. Guests are requested to dispose of trash thoughtfully, and handle the accommodation and city facilities with respect. Visitors are also requested to observe local by-laws and laws, especially in regards of driving laws, zero-alcohol tolerance for drivers, the consumption or sale of illicit substances, and disturbance of the delicate ecology of our precious foreshore. Parking restrictions are strictly observed in Dubrovnik, and guests are strongly advised to check parking conditions carefully. Towing regularly removes offending vehicles to a central depot, where they can be collected after payment of a penalty.
Insurance You are strongly advised to take out adequate travel insurance to cover your visit. We are pleased to advise as required.
Feedback: Rose of Dubrovnik continues to strive to satisfy the needs of our guests, and we welcome your feedback at any stage of your booking or stay with us. We will also be contacting you after your departure to invite feedback again, and participation in our annual prize.
Owners and landlords: Renting a property can be negotiated through the manager, Meliha Taslaman, who will arrange inspection, photo-shoot, and discuss terms. All photographs taken by our representatives, and the names allocated to each property is for the sole use of Rose of Dubrovnik for marketing and sales. Neither photos nor the names of properties are permitted to be used in any other context whether online or printed form, without prior written permission from our manager. Generally, we will not accept new properties once season has commenced.
All enquiries regarding our terms and conditions can be forwarded to our manager: Mrs. Meliha Taslaman, Manager, Frana Supila 5, Dubrovnik 20,000; tel: +385(0)915967508
GENERAL TERMS AND CONDITIONS
OF PROPERTY AGENCY
ROSE OF DUBROVNIK, Frana Supila 5, Dubrovnik, Croatia
I GENERAL PROVISIONS
The general terms and conditions of property agents (hereinafter: Terms) regulate a business relationship between the property agency ROSE of DUBROVNIK, Dubrovnik (hereinafter: the Mediator) and physical and/or legal entity (hereinafter: the Principal) by concluding an Agreement on Property Mediation with the Mediator.
By concluding an Agreement on Property Mediation, the Principal is cognizant and agrees to the provisions stipulated in the General Terms and Conditions of property agency ROSE of DUBROVNIK.
The Terms form and integral part of the Agreement on Property Mediation concluded between the Mediator and the Principal.
Individual terms, pursuant to stipulated Terms, are herewith defined:
- Mediator–ROSE OF DUBROVNIK, property agency, at address Frana Supila 5, Dubrovnik
- Mediationrefers to actions of the Mediator in bringing together the Principal and third parties, arranging communication and/or concluding legal acts/actions for a particular property to be purchased, sold, exchanged, leased, rented or else.
- Propertymeans a land plot comprising all which is permanently adjoined, above and/or below, such particular lot as is stipulated in the provisions pursuant to Act on Ownership and other Real Rights
- Principalmeans a physical and/or legal entity who, with the Mediator, concludes a written Agreement on Property Mediation (seller, buyer, lessee, lessor, renter, tenant and/or any other third parties which may be involved in property transactions.
The Principal, pursuant to such terms, is a legal entity whereby also a physical person/signatory to the Agreement on Property Mediation who has share property and/or power of attorney for representing a legal entity even though physical person signed, in own name and own behalf, the stipulated Agreement on Property Mediation. The physical person, as signatory to the Agreement on Property Mediation, is also solely and jointly liable as is the legal entity for all/any obligations which may arise pursuant to the Agreement on Property Mediation.
Third party (parties)refers to a person the Mediator endeavours to introduce the Principal to for talks and/or negotiations for the purpose of concluding legal matters relevant to a particular property.
Mediator Feemeans an amount the Principal is obliged to pay the Mediator for rendered mediation services.
II PROPERETY OFFER
Property offer submitted by the Rose of Dubrovnik is based on written and verbal details by the Principal. The Rose of Dubrovnik agency reserves the right of error in description and price of property whereby depicted/advertised property may have meanwhile been sold, rented and/or the owner(s) may have retracted property sale, wherefore the occurrence of error due to faulty information and/or altered conditions.
The Principal is obliged to discretion of silence on offers and/or information submitted by the Rose of Dubrovnik as though same is a business secret; however may ask for disclosure to a third party (parties) in written form only.
Should the Principal already be aware of offered property/properties, the Principal is obliged to immediately inform the Mediator in written form, by e-mail, fax and/or registered mail.
Property price(s) is listed in Euros (EUR) and payable in Croatian Kuna (HRK) coutervalue.
III AGREEMENT ON PROPERTY MEDIATION
Pursuant to the Agreement on Property Mediation, the Mediator is obliged to diligently find and communicate such information to the Principal of a third party (parties) interest in negotiating and/or concluding specific legal actions regarding transfer and/or instigating particular rights to such property whereby the Principal is obliged to settle defined/agreed Mediator’s fee (hereinafter: Fee) should such legal matters be concluded.
The Mediator may advertise the seller’s property upon seller’s insistence and/or receipt of verbal instructions on the Mediator’s web pages and, at the same time, evident same in Client Register. Should a potential buyer be interested in such specific property, the Mediator shall immediately inform the Principal and, at the same time, sign an Agreement on Property Mediation should the buyer be inclined to do so; while, on the other hand, the Mediator is not obliged to bring together the potential buyer and seller and, in such case, the Mediator is unwilling to mediate with one party only whereby the Mediator Fee would be settled by the buyer pursuant to the buyer’s written and verbal confirmation on mediation.
The Agreement of Property Mediation is concluded in written form and limited period of time. Should the Agreement on Property Mediation fail to be signed, the Principal is not obliged to pay Mediator Fee unless the Mediator, in some other form, proves mediation when legal transaction was concluded.
Should the contracting parties fail to set down a conclusion period of Agreement, it shall then be considered the duration of the Agreement on Property Mediation is for a period of twelve (12) months and which may then be mutually prolonged between the parties within their discretion.
Should the property on sale be in ownership of more than one person; written consent must be given by the co-owners themselves and/or co-owners’ representative for such property sale by signing Agreement on Property Mediation.
IV EXCLUSIVE MEDIATION AGREEMENT
The Principal may conclude an agreement which stipulates the Principal shall not engage any other mediation agents (Exclusive Mediation).
Should the Principal, in the defined duration of the Exclusive Mediation Agreement, conclude an agreement through any other mediator without the knowledge of the herewith stipulated contracted Mediator; then the Principal is obliged to settle any and/or all actual costs and/or expenses incurred during mediation period pursuant to this Agreement. If the Fee has not been defined/agreed, then the Principal is obliged to settle any and/or all actual costs incurred during the mediation period to the Mediator and whereby such costs and/or expenses should not be higher than the Mediation Fee.
In concluding the Exclusive Mediation Agreement, the Mediator is obliged to diligently advise the Principal of the significance and legal consequences of such clause.
The provisions stipulated in the Termination of the Agreement on Property Mediation apply to termination of the Exclusive Mediation Agreement as well.
V TERMINATION OF AGREEMENT ON PROPERTY MEDIATION
The Agreement on Property Mediation is concluded for a specific period of time and expires on such date thereof; unless a Mediation Agreement has been concluded and/or termination declared by contracting parties.
The Principal is obliged to compensate the Mediator actual costs and/or expenseswhich were declared by the Principal they be paid separately.
Termination of Agreement on Property Mediation by the Principal prior to defined/agree period of time; the Principal is then obliged, within a period of seven (7) days, to compensate the Mediator of any mediation costs and/or expenses incurred to date of termination of herewith Agreement. Such costs and/or expenses include advertising, material expenses and else depending on contractual date and whether incurred.
If within one (1) year upon Termination of Agreement on Property Mediation the Principal concludes any legal acts and/or actions which are predominantly the result of herewith stipulated Mediator activity prior termination of this Agreement, the Principal is then obliged to compensate the Mediator Fee in full, unless otherwise defined in herewith Agreement on Property Mediation.
VI OBLIGATIONS OF THE MEDIATOR
The Mediator is contractually obligated to undertake:
1. find and introduce a third party (parties) to the Principal for the purpose of concluding mediation activities;
2. acquaint the Principal with the average market price of similar property/properties;
3. view and examine documents pertaining to ownership and/or other real rights of subject property thereby explicitly advising the Principal of:
a) apparent deficiencies and/or possible risk pursuant to unregulated Land Register in respect to subject property;
b) registered real rights and/or rights of third parties to subject property;
c) legal implications on non-fulfilment of obligations pertaining to third parties;
d) lack of building and usage (occupancy) permits pursuant to prevailing law;
e) obligatory pre-emption right and limitations in legal transactions pursuant to prevailing regulations;
4. instigate action pertaining to the presentation of subject property on the market, appropriately advertise subject property and implement all other activities as defined in the Agreement on Property Mediation and which may exceed usual presentation forms and for such is entitled to specific, pre-expressed costs;
5. enable property sighting;
6. mediate during negotiations and endeavour to attain conclusion of contract, if specifically obliged to do so;
7. non-disclose the Principal’s personal information and only upon the Principal’s written instructions treat information on property being mediated with absolute discretion and/or any other information of such property and/or on business pertaining to mediation of same;
8. if an agreement is being concluded pertaining to a plot, verify land use whether the stipulated plot is in accordance with planning regulations pertinent to said plot;
9. inform the Principal of all and/or any circumstances significant to intended job with which the Principal may be acquainted and/or should be acquainted with.
Disclosure of information shall not be considered a violation of confidentiality if such information disclosed by the Mediator is revealed to such parties with which the Mediator is attempting to bring to the table with the Principal; and such action is necessary to be made by the Mediator in order to fulfil such obligations as concluded in the Agreement on Property Mediation with the Principal.
VII OBLIGATIONS OF THE PRINCIPAL
Conclude an Agreement on Property Mediation with the Mediator and:
1. inform the Mediator of any and/or all circumstances significant for mediation purposes and submit explicit information pertaining to such property and, if available, present the Mediator with location, building, usage permits for property as stipulated in Agreement; also present evidence to the Mediator of having fulfilled all obligations towards Third party/parties;
2. present documents to the Mediator which prove ownership of subject property; namely, other real rights on subject property pursuant to agreement thereby also draw the Mediator’s attention to all registered and non-registered liens on subject property;
3. ensure the Mediator and/or third party (parties) interested in concluding an Agreement on Property Mediation sighting of the subject property;
4. inform the Mediator of all and/or any significant information on subject property and which specifically includes description and price of subject property;
5. upon conclusion of Pre-Agreement on Property Mediation, settle Mediator’s Fee;
6. compensate the Mediator costs/expenses incurred during mediation which exceed usual mediation costs/expenses;
7. inform the Mediator in written form of any changes which have occurred pertaining to subject at hand for which the Principal authorised the Mediator; especially if any change has occurred pertaining to property ownership.
The Principal is not required to attend mediation negotiations with Third party (parties) which the Mediator has come in contact with neither enter into legal transactions. The Principal shall be held responsible for any damage incurred if the Principal’s conduct failed in executing goodwill and, as such, will be obliged to compensate all and/or any costs/expenses incurred during mediation and which may not exceed Mediator Fee.
VIII MEDIATOR FEE
The Mediator is entitled to mediation Fee in full upon the contracting parties having concluded initial legal document.
The Mediator may not request partial payment of Fee in advance prior the initial legal document has been concluded. Additional costs/expenses for rendered services regarding subject mediation shall be compensated to the Mediator in the amount of actual costs/expenses and whereby may request an amount in advance for specific expenditures.
Upon termination of the Agreement on Property Mediation, the Mediator is entitled to Fee within a period of twelve (12) months, unless otherwise agreed; and also in a case the Principal concludes a legally binding document with a Third Party (Parties) wherein the Mediator was the initiator of subject matter prior termination of the Agreement on Property Mediation.
It is considered the Mediator enabled the Principal to connect with the Third Party (Parties) in negotiations for concluding mediation whereby the Principal was able to make contact with the Third party (parties) (physical and/or legal entity) for conclusion of business if the Mediator:
- directly brought and/or referred the Principal to a Third party (parties) for property sighting of the subject property in mediation;
- organised a meeting between the Principal and another contracting party for negotiations for the purpose of closing a deal;
- informed the Principal of name, telephone number, fax number, e-mail of the party authorised in negotiating and concluding an agreement and/or advised the Principal of the exact location of the subject property;
The Mediator is entitled to Fee in a case the Principal’s spouse and/or partner, descendent and/or parent(s) conclude an agreement for which the Mediator mediated with a Third party (parties).
The Mediator is entitled to Fee even though same not explicitly defined in the Agreement on Property Mediation.
The mediation Fee cumulatively includes all costs/expenses the Mediator may have incurred during mediation and thus the Mediator, upon receipt of contractual Fee, loses the right to compensation of said costs/expenses. This does not apply to any mediation costs/expenses incurred by the Mediator when conducting business for the Principal not covered usual mediation services. The contractual mediation Fee does not include costs/expenses incurred for settling court fees for registration, subscription and recordation, attorney expenses, public notary expenses for signatory certification on documents, certificate of ownership expenses, cadastral plan copy, identification, mortgage(s) transfers, mortgage relief expenses, certificates and other documents for the purpose of concluding subject legal matters.
If explicitly agreed between the Mediator and Principal, the Mediator may conduct other services pertaining to subject property mediation which exceed usual mediation costs/expenses and, in such a case, the mediation rate amounts to 200 HRK (incl. VAT).
Should the client offer the Mediator a Fee, namely, monetary compensation higher than contracted, the Mediator may receive same under condition such monetary compensation is not disproportionate to rendered services, outcome of the service rendered and financial situation of the client.
The Fee is charged in percentage of the total attained property sale/purchase price plus VAT.
Fee amounts listed in Mediator Price List are in accordance with Mediation Compensation Price List for effected mediation services as announced by the Croatian Chamber of Commerce in July 2005.
IX FINAL PROVISIONS
For relation purposes between the Mediator and Principal which are not regulated in the herewith General Terms and Conditions of Property Agency neither in the Agreement on Property Mediation, the Property Mediation Act and Obligations Act provisions of the Republic of Croatia shall be implemented.
The contracting parties shall settle any eventual disputes by mutual agreement; otherwise such disputes shall be settled before the prevailing Commercial Court in Dubrovnik.
This Agreement on General Terms and Conditions of Property Agency is formulated in the Croatian and English language; whereby the original Croatian version shall be considered valid before all competent public bodies in the Republic of Croatia.
DUBROVAČKA RUŽA d.o.o. (Rose of Dubrovnik)for trade, tourism and hospitality,MBS (Company Registration Number): 090007093,Frana Supila 5, Dubrovnik, pursuant to Decision of theMinistry of Economy, Labour and Entrepreneurshipis licensed for property mediation and the Decision is registered under number:Class: UP/I-330-01/11-01/262, Reg.no: 526-05-01-01/2-11-4,company evidented in Property Mediation Register of the Republic of Croatia held at the Croatian Chamber of Commerce.
Applicable as of: 15th March 2014.
PROPERTY SALE / PURCHASE
Commission charged in percentage of the total attained property sale/purchase price.
|Maximum total commission|| |
|Minimum total commission|| |
Commission for property sale mediation
(Compensated by the Seller)
Commission for property purchase mediation
(Compensated by the Buyer)
|LEASE and RENTAL PRICE LIST|
RENTAL – LEASE –commission from Renter / Lessor
|Percentage of monthly rent, namely, lease (one-time payment)|
|100%||Minimum for rent and lease|
|100%||For rent and lease in duration of 12 and 59 months|
|150%||Minimum for rent and lease in duration of 60 months and more|
|Note:||Exceptionally if rent/lease less than 12 months, the percentage may be less than 100%|
RENTEE – LESSEE –commission from Rentee / Lessee
|Percentage of monthly for rent, namely, lease (one-time payment)|
|100%||Minimum for rent and lease|
|100%||For rent and lease in duration of 12 and 59 months|
|150%||Minimum for rent and lease in duration of 60 months and more|
|Note:||Exceptionally if rent/lease less than 12 months, the percentage may be less than 100%|