Terms & Conditions
These pages, the content and infrastructure of these pages, and the online
apartment reservation service provided on these pages and through this website
(the "service") are owned, operated and provided by TrogirOnline.com
("TrogirOnline.com", "us", "we" or "our") and are provided for your personal,
non-commercial use only, subject to the terms and conditions set out below.
These terms and conditions – as may be amended from time to time – apply to all
our services directly or indirectly (through distributors) made available
online, by email or by telephone. By accessing, browsing and using our website
and/or by completing a reservation, you acknowledge and agree to have read,
understood and agreed to the terms and conditions set out below (including the
privacy statement).
1. Scope of our Service
Through this website we (TrogirOnline.com and its affiliate (distribution)
partners) provide an online platform through which apartments (including all
types of temporary accommodation) can advertise their rooms for reservation, and
through which visitors to the website can make such reservations. By making a
reservation through TrogirOnline.com, you enter into a direct (legally binding)
contractual relationship with the apartment at which you book. From the point at
which you make your reservation, we act solely as an intermediary between you
and the apartment, transmitting the details of your reservation to the relevant
apartment and sending you a confirmation email for and on behalf of the
apartment. When rendering our services, the information that we disclose is
based on the information provided to us by the apartments. As such, the
apartments are given access to an extranet through which they are fully
responsible for updating all rates, availability and other information which is
displayed on our website. Although we will use reasonable skill and care in
performing our services we will not verify if, and cannot guarantee that, all
information is accurate, complete or correct, nor can we be held responsible for
any errors (including manifest and typographical errors), any interruptions
(whether due to any (temporary and/or partial) breakdown, repair, upgrade or
maintenance of our website or otherwise), inaccurate, misleading or untrue
information or non-delivery of information. Each apartment remains responsible
at all times for the accuracy, completeness and correctness of the (descriptive)
information (including the rates and availability) displayed on our website. Our
website does not constitute and should not be regarded as a recommendation or
endorsement of (the quality, service level or rating of) any apartment made
available. Our services are made available for personal and non-commercial use
only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor
(e.g. spider, scrape), display, download or reproduce any content or
information, software, products or services available on our website for any
commercial or competitive activity or purpose.
2. Prices and Best Rate Guarantee
The prices on our site are highly competitive. All prices on the TrogirOnline.com
website are per room for your entire stay and are displayed including VAT and
all other taxes (subject to change of such taxes), unless stated differently on
our website or the confirmation email. Sometimes cheaper rates are available at
our website for a specific stay at a apartment, however, these rates made by
apartments may carry special restrictions and conditions, for example in respect
of cancellation and refund. Please check the room and rate details thoroughly
for any such conditions prior to making your reservation. In the event of a
cross out rate, we have compared the offered rate with the second highest rate
(to be) paid by another customer who made a reservation for that or a similar
room within a period of 45 days before and 45 days after your (contemplated)
stay. This means that you get the same room for a lower price compared to other
customers who booked that room. We want you to pay the lowest price possible for
your stay at a apartment. Should you find your apartment room, with the same
booking conditions, at a lower rate on the Internet after you have made a
booking through us, we will match the difference between our rate and the lower
rate under the terms and conditions of the Best Rate Guarantee. The currency
converter is for information purposes only and should not be relied upon as
accurate and real time; actual rates may vary.
3. Privacy
TrogirOnline.com uses high ethical standards and respects your privacy. Save for
disclosures required by law in any relevant jurisdiction and the disclosure of
your name, email address and your credit card details for completing your
booking with the relevant apartment of your choice, we will not disclose your
personal information to third parties without your consent. Please have a look
at our privacy policy for further information.
4. Free of charge
Our service is free of charge. Unlike many other parties, we will not charge you
for our service or add any additional (reservation) fees to the room rate. We
will not charge your credit card, as you will pay the apartment directly for
your stay.
5. Credit card
apartments require credit card details in order to guarantee your
reservation. As such, we will send your credit card information directly to the
apartment at which your booking is made and we may verify (i.e. pre-authorize)
your credit card as well. In order to safeguard and encrypt your credit card
information when in transit to us, we use the "Secure Socket Layer (SSL)"
technology for our services. For certain rates or special offers, please note
that your credit card may be pre-authorized or charged (sometimes without any
option for refund) upon reservation and confirmation of the booking. Please
check the room details thoroughly for any such conditions prior to making your
reservation. In the event of credit card fraud or unauthorized use of your
credit card by third parties, most banks and credit card companies bear the risk
and cover all the charges resulting from such fraud or misuse, which may
sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent
in your local currency)). In the event that your credit card company or bank
charges the deductible from you because of unauthorized transactions resulting
from a reservation made on our website, we will pay you this deductible, up to
an aggregate amount of EUR 50 (or the equivalent in your local currency). In
order to indemnify you, please make sure that you report this fraud to your
credit card provider (in accordance with its reporting rules and procedures) and
contact us immediately by email (info@trogir-online.com). Please
state 'credit card fraud' in the subject line of your email and provide us with
evidence of the charged deductible (e.g. policy of the credit card company).
This indemnification only applies to credit card reservations made using
TrogirOnline.com's secure server and the unauthorised use of your credit card
resulted through our default or negligence and through no fault of your own
while using the secure server.
6. Cancellation
By making a reservation with a apartment, you accept and agree to the relevant
cancellation and no-show policy of that apartment, and to any additional
(delivery) terms and conditions of the apartment that may apply to your
reservation or during your stay, including for services rendered and/or products
offered by the apartment (the delivery terms and conditions of a apartment can
be obtained with the relevant apartment). The general cancellation and no-show
policy of each apartment is made available on our website at the apartment
information pages, during the reservation procedure and in the confirmation
email. Please note that certain rates or special offers are not eligible for
cancellation or change. Please check the room details thoroughly for any such
conditions prior to making your reservation. If you wish to review, adjust or
cancel your reservation, please revert to the confirmation email and follow the
instructions therein. Please note that you may be charged for your cancellation
in accordance with the apartment’s cancellation and no-show policy. We recommend
that you read the cancellation and no-show policy of the apartment carefully
prior to making your reservation.
7. Further correspondence
By completing a booking, you agree to receive (i) an email which we may send you
shortly prior to your arrival date, giving you information on your destination
and providing you with certain information and offers (including third party
offers to the extent that you have actively opted in for this information)
relevant to your booking and destination, and (ii) an email which we may send to
you promptly after your stay at the apartment inviting you to complete our guest
review form. The completed guest review may be uploaded onto the relevant
apartment’s information page on our website for the sole purpose of informing
(future) customers of your opinion of the service (level) and quality of the
apartment. We reserve the right to adjust, refuse or remove reviews at our sole
discretion. The guest review form should be regarded as a survey and does not
include any (further commercial) offers, invitations or incentives whatsoever.
Other than the email confirmation providing for the confirmation of the booking
and the emails detailed above, we shall not send you any further (solicited or
unsolicited) notices, emails or correspondence, unless you specifically agree
otherwise.
8. Disclaimer
Subject to the limitations set out in these terms and conditions, we shall only
be liable for direct damages actually suffered, paid or incurred by you due to
an attributable shortcoming of our obligations in respect of our services, up to
an aggregate amount of the aggregate cost of your reservation as set out in the
confirmation email (whether for one event or series of connected events).
However, neither we nor any of our officers, directors, employees,
representatives, subsidiaries, affiliated companies, distributors, affiliate
(distribution) partners, licensees, agents or others involved in creating,
sponsoring, promoting, or otherwise making available the site and its contents
shall be liable for (i) any punitive, special, indirect or consequential loss or
damages, any loss of production, loss of profit, loss of revenue, loss of
contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any
inaccuracy relating to the (descriptive) information (including rates,
availability and ratings) of the apartment as made available on our website,
(iii) the services rendered or the products offered by the apartment, (iv) any
(direct, indirect, consequential or punitive) damages, losses or costs suffered,
incurred or paid by you, pursuant to, arising out of or in connection with the
use, inability to use or delay of our website, or (v) for any (personal) injury,
death, property damage, or other (direct, indirect, special, consequential or
punitive) damages, losses or costs suffered, incurred or paid by you, whether
due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct,
omissions, non-performance, misrepresentations, tort or strict liability by or
(wholly or partly) attributable to the apartment (its employees, directors,
officers, agents, representatives or affiliated companies), including any
(partial) cancellation, overbooking, strike, force majeure or any other event
beyond our control.
9. Miscellaneous
Unless stated otherwise, the software required for our services or available at
or used by our website and the intellectual property rights (including the
copyrights) of the contents and information of and material on our website are
owned by TrogirOnline.com B.V., its suppliers or providers. These terms and
conditions and the provision of our services shall be governed by and construed
in accordance with Dutch law and any dispute arising out of these general terms
and conditions and our services shall exclusively be submitted to the competent
courts in Hvar, the Croatia. The original English version of these terms and
conditions may have been translated into other languages. The translated version
is a courtesy and office translation only and you cannot derive any rights from
the translated version. In the event of a dispute about the contents or
interpretation of these terms and conditions or inconsistency or discrepancy
between the English version and any other language version of these terms and
conditions, the English language version shall apply, prevail and be conclusive.
The English version is available on our website (by select the English language)
or shall be sent to you upon your written request. If any provision of these
terms and conditions is or becomes invalid, unenforceable or non-binding, you
shall remain bound by all other provisions hereof. In such event, such invalid
provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and you will at least agree to accept a similar effect as the
invalid, unenforceable or non-binding provision, given the contents and purpose
of these terms and conditions.
10. About TrogirOnline.com
All of our services are rendered by T.O. Luka Rent, which is a private limited
liability company, incorporated under the laws of the Croatia and having its
offices at Dolac b.b., Hvar, the Croatia and registered with the trade register
of the Chamber of Commerce in Split. TrogirOnline.com has its headquarters in
Hvar, the Croatia and has various subsidiaries, branches and offices throughout
the world. The subsidiaries, branches and offices only provide an internal
supporting role to and for the benefit of TrogirOnline.com. The subsidiaries,
branches and offices do not have any power or authority to render the service,
to represent TrogirOnline.com or to enter into any contract in the name of, for
or on behalf of TrogirOnline.com.