General Terms and Conditions

1. Scope and subject matter of the contract
   (1) Booking-Kroatien.de is a real estate portal for vacation homes in Croatia (hereinafter “Platform”) of Miljkovica V 41, 23234 Vir, Croatia (hereinafter “Provider”) available on the Internet at www.booking-kroatien.de. The Platform is used to broker vacation homes and apartments. These terms of use apply to the use of the platform by “vacationers” or “landlords” (hereinafter also referred to collectively as “contractual partners”).
   (2) The Platform shall be used exclusively on the basis of these Terms of Use, unless otherwise expressly agreed in writing between the Provider and the Contractual Partner. Conflicting, supplementary or deviating terms and conditions of the contractual partner shall not become part of the contract unless this is expressly agreed between the parties in writing.
   (3) The subject of these Terms of Use is the use of the platform by vacationers or landlords. The provider acts as the mere operator of the platform and enables landlords to publish their own offers and holidaymakers to view these offers and, if necessary, to contact a landlord. The provider provides various functionalities for this purpose. It is not a tour operator and does not become a party to a rental contract for vacation homes or vacation apartments.
   (4) The current Terms of Use are available on the platform’s website at https://www.booking-kroatien.de and can be printed out.
   (5) These Terms of Use do not cover the rental or letting of vacation homes or vacation apartments.
2. Conclusion of contract and registration
   (1) The presentation of the platform and its functionalities on the Internet or in other media by the provider does not constitute a binding offer by the provider. The contractual partner has the option of submitting a binding offer to conclude a contract for the use of the platform. The provider is not obliged to accept this offer.
   (2) In order to be able to use the platform as a landlord, prior online registration is required. A contract for the use of the platform as a landlord is concluded upon completion of the registration process and activation of a user account by the provider. Activation takes place after the first own offer has been placed on the platform (hereinafter “advertisement”).
   (3) Vacationers can register online free of charge in order to have their own user account created by the provider. By submitting a booking request, the vacationer agrees that a free user account will be created for him, which will make it easier for him to manage his requests.
   (4) Upon conclusion of the contract, the provider, as the operator of the platform, enables the use of the platform within the scope of the functionalities offered. The provider has no further obligations beyond the use of the platform. The Provider does not rent or lease any properties.
   (5) Each person may only register once for a user account. One registration as a landlord and one as a holidaymaker is permitted.
   (6) The tenant’s personal contact details must be provided in order to contact the landlord and for the booking process.
   (7) The email address collected during registration or as part of the execution of the contract is also used to inform the contractual partner about services or offers from www.booking-kroatien.de by email. This processing is carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR.
3. Use of the platform as a landlord
   (1) After successful registration and activation of the user account, the landlord can use the platform to publish and manage his own advertisements.
   (2) The landlord acknowledges that contracts for the use of the vacation properties offered are concluded exclusively directly between him and the holidaymaker.
   (3) The landlord may use the contact details of a holidaymaker exclusively in the context of the rental offer, unless the holidaymaker has expressly consented to further use.
4. Use of the platform as a vacationer
   (1) The vacationer can contact landlords via the platform and submit booking requests for their offers.
   (2) The provider endeavors to present the offers posted by the landlords as faithfully as possible. Deviations, particularly in the presentation of photographs, cannot be completely ruled out due to technical circumstances.

5. Data protection
(1) The use of the platform requires the collection, processing and use of personal data by the provider. The provider treats all data collected with the utmost care and processes it exclusively within the scope of the contractual partner’s consent under data protection law or to the extent permitted by law.
(2) The type and scope of data use by the provider are explained to the customer in more detail in the privacy policy. The current version of this can be accessed at any time at https://www.booking-kroatien.de/datenschutz.

6. Communication
(1) The provider provides an inquiry form that holidaymakers and landlords can use to contact each other. The provider will forward all inquiries received via the form to the respective landlord of the vacation accommodation. The provider makes every effort to ensure that the system is secure. However, the holidaymaker is aware that one hundred percent security cannot be guaranteed due to the state of technology and that it is possible that third parties could misuse the system.
(2) The provider enables direct communication between landlords and vacationers through its mail server system. In some cases, anonymized booking inquiries can be sent, in which, for example, the e-mail address is filtered out.
(3) Employees of the provider may view this communication under certain circumstances in order to ensure the security of the contracting parties or to provide a proper mediation service. This is the case, for example, if contractual parties are to be protected against phishing or fraudulent e-mails. In these cases, email addresses are replaced by [Mail_xxx]. Further details can be found in the privacy policy.
(4) The provider’s communication system may only be used for serious booking inquiries.

7. Reviews
(1) The provider is entitled to publish customer reviews and opinion pieces from vacationers about individual landlords on the platform. However, there is no entitlement to publication.
(2) Landlords are entitled to comment on reviews or publish a counterstatement.
(3) Holidaymakers may only submit reviews if they have full legal capacity. Each review must be accompanied by a valid e-mail address of the vacationer submitting the review, which must be verified. Upon request, the person leaving the review must be able to provide proof of their stay in the vacation accommodation being reviewed.
(4) Only one rating may be given per stay for the vacation home visited.
(5) Landlords are prohibited from directly or indirectly rating their own vacation properties.

8. General obligations when using the platform
(1) The contractual partner is obliged not to publish any content on the platform or in its profile that violates applicable law or infringes the rights of third parties.
(2) The contractual partner may not use the platform and the information obtained via it to send advertising messages to other contractual partners or third parties unless he has obtained their prior express consent.
(3) The contractual partner is obliged not to register a new user account or have a new user account registered for him/her after his/her user account has been blocked or terminated by the provider.
(4) The contractual partner must provide complete and truthful information in their user account and profile. Changes to the data must be updated immediately.
(5) The contractual partner is obliged to ensure that the e-mail address provided by him is accessible from the time it is provided and that there are no restrictions on the receipt of messages.
(6) Links to third-party sites may not contain any illegal content or content that infringes the rights of third parties.
(7) The data and content obtained on the platform may not be used to create your own database, for commercial purposes or for other unauthorized uses.
(8) It is not permitted to use automated search algorithms on the platform; only the search functions offered may be used.
(9) Reviews of other contractual partners must be factual and truthful. Unobjective or disparaging reviews are not permitted. The provider determines the structure and procedure of the rating system.
(10) Der Vertragspartner darf seine Login-Daten nicht an Dritte weitergeben. Bei Verdacht auf Missbrauch oder Weitergabe der Login-Daten muss der Anbieter umgehend informiert werden.
(11) Der Vertragspartner ist verpflichtet, seine Daten selbst zu sichern.
(12) Störungen der Plattform oder Verstöße anderer Vertragspartner gegen geltendes Recht oder diese Bedingungen sind dem Anbieter unverzüglich zu melden.

9. Special provisions for landlords
(1) When registering, the Landlord is obliged to provide truthful information about his identity, the properties offered and payment details. Only properties over which he is authorized to dispose may be offered.
(2) The forms provided by the provider may only be used within the intended scope. It is prohibited to advertise several accommodations in one offer or to offer another accommodation under the existing offer.
(3) All offer data must be complete and correct.
(4) The landlord is obliged to keep his occupancy calendar up to date at all times.
(5) Statutory information obligations, such as provider identification, must be fulfilled.
(6) The landlord is responsible for observing the statutory data protection regulations and informing users accordingly.
(7) A vacation accommodation may not be replaced by another in the advertisement.
(8) If commission-based advertisements are offered, the landlord is prohibited from using external communication or payment options that could influence the calculation of the commission.

10. Remuneration obligations and terms of payment
(1) The use of the platform is free of charge for vacationers. However, the Provider reserves the right to introduce chargeable functionalities or to offer existing functionalities for a fee in the future.
(2) Registration for landlords is also free of charge. Paragraph 1 applies accordingly.
(3) Landlords are obliged to pay the agreed remuneration in advance for the publication of advertisements. The amount of the remuneration is based on the prices published on the platform, plus the applicable statutory VAT.
(4) In the case of commission-based advertisements, the obligation to pay remuneration in accordance with paragraph 3 does not apply. Instead, the landlord is obliged to pay a commission on the rent.

11. Granting of rights of use
(1) For the duration of the contractual relationship, the contractual partner grants the provider a simple, spatially unlimited, irrevocable, transferable and sublicensable right of use to all content posted by him.
(2) In particular, the provider may display, reproduce and publish the content on the platform. This also includes the right of public reproduction and making available as well as the right to make adaptations and edits.
(3) The contractual partner guarantees that it holds all necessary rights to the content posted and that no third-party rights are infringed.
(4) The provider may use the business names of a landlord, including trademarks, for marketing purposes.
(5) The provider may pass on the content of a landlord to third parties to promote the advertisement on the Internet, in particular through affiliate marketing.
(6) The provider is entitled to analyze and evaluate information obtained via the platform and to publish it in anonymized form.

12. Property rights
(1) All rights to the platform belong to the provider. The contractual partner may only use the contents of the platform within the scope of the possibilities of use.
(2) It is prohibited to reproduce, distribute or use the content of the platform for unauthorized purposes such as advertising, unless this is expressly permitted.
(3) The contractual partner may download or print out individual pages to document the conclusion of the contract, provided that the note “© 2024 Booking-Kroatien.de” is clearly legible.