Guest/Owner Agreement

1.1. This is an agreement (“Agreement”) between the Guest and the Owner relating to the occupation by the Guest of the Owner’s Accommodation, which has been booked by the Guest in accordance with the Rental Terms and is as detailed in the Reservation Confirmation.

1.2. For the avoidance of doubt, Hvar Away Limited (“Hvar Away”) is not a party to this Agreement.

2.1. The terms of this Agreement are important and legally binding on Guests and Owners and should be read thoroughly.

2.2. Any obligation on the Guest not to do any act or thing shall include an obligation not to permit or allow that thing to be done.

3.1. Subject to the terms of this Agreement, the Owner permits the Guest to occupy the Accommodation for the period stated in the Reservation Confirmation for the purpose of holiday or short-term occupation.

3.2. The Owner and the Guest agree that the Guest occupies the Accommodation as a licensee and that no relationship of landlord and tenant is created by this Agreement or otherwise.

The Owner agrees and confirms that:

4.1. they have the right to grant a licence to occupy the Accommodation on the terms set out in this Agreement;

4.2. by entering into this Agreement they will not breach any other agreement relating to the Accommodation (including the terms of any lease in relation to the Accommodation);

4.3. should any additional consents be required or costs and/or taxes be payable in order to grant the Guest the licence to occupy, these shall be the Owner’s responsibility (provided that, if necessary, the Guest has provided the Owner and/or Hvar Away with the relevant information);

4.4. the description of both the Accommodation and any included services in the Accommodation listing on hvaraway.com is true, accurate, and not misleading in any material respect;

4.5. the Accommodation complies with applicable laws and regulations as appropriate for the Guest’s holiday or short-term occupation (including all Local Laws and European Law, and as defined in the Rental Terms);

4.6. where required by law or local regulations, they will provide fire and health and safety guidance, which shall include information about fire exits, at least one first aid kit, smoke alarms, carbon monoxide alarms where necessary, and details of the water and gas shut-offs;

4.7. the Accommodation will be clean, sanitary and free from rubbish on check-in with clean bedding and bathroom towels;

4.8. all essential appliances in the Accommodation (including all amenities referred to in the description in the Accommodation listing on hvaraway.com) shall be in full working order together with heating and where applicable air conditioning systems;

4.9. if they receive notification from the Guest of a problem with the Accommodation either on check-in or during the Guest’s stay, they will take the steps necessary to remedy the situation as set out in their contractual obligations with Hvar Away; and

4.10. not to disclose the Guest’s identity or address to others under any circumstances, unless agreed by the Guest.

The Guest agrees that:

5.1. to pay for the Accommodation, together with any other fees, taxes and charges specified in the Booking Confirmation (through Hvar Away as the Owner’s collection agent) in accordance with the provisions of the Rental Terms;

5.2. that if there are any problems with the Accommodation at check-in or during the stay, they will follow the procedures set out in Section 10 “If there are any issues during your stay” in the Rental Terms;

5.3. not to occupy the Accommodation other than as personal accommodation for holiday or short-term occupation;

5.4. that the maximum number of people and animals occupying the Accommodation will be the number of guests and animals stated in the Reservation Confirmation and that the Owner has the right to refuse entry on check-in if there are more than the specified number of guests and/or animals and that in this situation it will be a deemed cancellation by the Guest in accordance with Section 8 “Our rights to amend or cancel your booking” in the Rental Terms;

5.5. not to do or permit anything to be done which may be a nuisance, annoyance or disturbance to, or be abusive or discriminatory to the Owner or any owner or occupier of neighbouring property;

5.6. not to cause or permit any damage to the Accommodation (other than reasonable wear and tear);

5.7. that they will observe any House Rules specified in the Accommodation Listing and/or notified to the Guest before or on arrival at the Accommodation;

5.8. that they will read and follow any instructions (including health and safety guidance) provided by the Owner and/or Hvar Away;

5.9. to contact and notify the Owner and/or Hvar Away immediately upon becoming aware of anything that might put health and/or safety at risk;

5.10. not to conduct any illegal or immoral activity at the Accommodation (including the taking of illegal drugs);

5.11. to leave the Accommodation and any of the Owner’s personal property at the Accommodation clean and tidy at the end of the stay and in the condition it was in when they arrived;

5.12. that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom the Guest invites to, or otherwise provides access to, the Accommodation;

5.13. that they will not bring any animals into the Accommodation (unless previously agreed with Hvar Away);

5.14. not to access cupboards, drawers or rooms which have been sealed with tape or locked;

5.15. not to move furniture;

5.16. not to disclose the Owner’s identity or address to others under any circumstances, unless agreed by the Owner;

5.17. that the Owner is entitled to visit the Accommodation on prior notice (except in case of emergency) and to permit the Owner (and/or Hvar Away, or any agent of the Owner) access:

a) in the event that the Owner and/or Hvar Away reasonably suspects a breach of this Agreement; or

b) in order to fulfil the Owner’s obligations under this Agreement and the Rental Terms (in which case the Owner will endeavour to provide the Guest with at least 24 hours’ notice); or

c) upon request of the Guest.;

5.18. not to transfer this licence to occupy the Accommodation to anyone else without the prior consent of the Owner and/or Hvar Away;

5.19. that where the Guest has booked the Accommodation on behalf of themselves and one or more additional guests, the Guest has made the additional guests aware of the terms of this Agreement and any House Rules applicable to the Accommodation and the Guest confirms that they will ensure that such additional guests will comply accordingly. If an additional guest is a minor then the Guest warrants and confirms that they are legally authorised to act on behalf of the minor; and

5.20. not to do or omit to do anything which could invalidate all or part of the Owner’s insurance policy.

6.1. If the Accommodation (or any part of it) or any of the Owner’s personal property is damaged during the stay, beyond reasonable wear and tear, the Guest:

6.1.1. must immediately notify the Owner or Hvar Away; and

6.1.2. will be liable in full for the costs of that damage.

6.2. The Guest confirms that if there is damage to the Accommodation or any of the Owner’s personal property (over and above fair wear and tear) and/or if the Accommodation is heavily soiled so as to require in the Owner’s reasonable opinion an industrial clean, then the Owner may authorise Hvar Away to make appropriate deductions from the Damages Deposit as set out in Clause 9.3. of the Rental Terms.

7.1. This Agreement shall end on the earlier of:

7.1.1. the date and time when the Guest checks out of the Accommodation; or

7.1.2. the expiry of any period specified in a notice of breach given by the Owner or Hvar Away to the Guest (provided that the Guest must have been given a reasonable period to remedy a remediable breach). If there is a repudiatory breach by the Guest then the Owner or Hvar Away may give notice to the Guest to terminate immediately.

8.1. The Guest acknowledges and agrees that, subject to the provisions of clause 8.3 below, the Owner shall not be liable to the Guest for:

8.1.1. the death of or injury to the Guest including additional guests or invitees to the Accommodation;

8.1.2. damage to any property of the Guest or the additional guests or invitees to the Accommodation; or

8.1.3. any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Guest or additional guests or invitees to the Accommodation in the exercise of the right to occupy the Accommodation under the terms of this Agreement.

8.2. The Owner’s liability to the Guest for all losses shall not exceed the Accommodation Charges paid by the Guest plus any fees or payments that the Guest paid for additional services.

8.3. Nothing in this Clause limits or excludes the liability of any party for death or personal injury caused by its negligence (or the negligence of its agents, including Hvar Away, or employees) or for fraud.

9.1. This Agreement constitutes the entire agreement between the Guest and the Owner and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in or are incorporated into this Agreement (for the avoidance of doubt, terms that are incorporated include but are not limited to the provisions of the Rental Terms and the House Rules).

9.2. If any term of this Agreement is found to be void or unenforceable by any court or authority of competent jurisdiction or is not permitted under Local Laws and/or European Law, then all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision, which is as close as is legally permissible to the provision found invalid or unenforceable.

9.3. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement).

9.4. The Owner shall be entitled to sub-contract or delegate its obligations under this Agreement without the consent of the Guest, provided that the Owner continues to remain ultimately responsible for the performance of those obligations.

9.5. This Agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws of England and Wales.

9.6. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring arising from or in connection with this Agreement may only be brought in a court located in England or a court with jurisdiction in your place of residence. If the Owner wishes to enforce any of its rights against you as a consumer, they may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

9.7. Neither party shall be entitled to issue proceedings against the other party or initiate a chargeback on the payment card until the expiry of any mediation and/or arbitration proceedings carried out in accordance with Section 10 “If there are any issues during your stay” in the Rental Terms.