Guest/Owner Agreement

1.1. This agreement "Agreement" is between the Guest and the Owner relating to the occupation by the Guest of the Accommodation, which has been booked by the Guest in accordance with the Rental Terms and is as detailed in the Reservation Confirmation document.

1.2. For the avoidance of doubt, Hvar Away is not a party to this Agreement.

2.1. The definitions set out in the Rental Terms apply in this Agreement.

2.2. The terms of this Agreement are important and legally binding on the Guest and the Owner, and should be read thoroughly.

2.3. 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 document 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 Hvar Away with the relevant information);

4.4. the description of both the Accommodation and any included services on 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);

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, and 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 Hvar Away and/or the Guest of a problem with the Accommodation either upon 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:

5.1. to pay the Accommodation Charges specified in the Reservation Confirmation (through Hvar Away as the Owner’s collection agent) in accordance with the provisions of the Rental Terms;

5.2. if they are going to be late for check-in then they should notify Hvar Away in advance of the check-in time in order to rearrange a new check-in time;

5.3. 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;

5.4. not to cause or permit any intentional damage to the Accommodation;

5.5. that they will observe any House Rules notified to them before and on arrival at the Accommodation;

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

5.7. 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;

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

5.9. to leave the Accommodation, and any of the Owner’s personal property at the Accommodation, in the condition it was in when they arrived;

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

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

5.12. not to move furniture;

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

5.14. 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:

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:

6.2. The Guest confirms that if the Accommodation is heavily soiled after their departure so as to require an industrial clean, then they agree to appropriate deductions from the Damages Deposit authorised via Hvar Away.

6.3. The Owner is entitled to cover the costs relating to any such damage ("damage" also refers to items that are missing from the Accommodation inventory after the Guest departs) from the Damages Deposit.

7.1. Guests can cancel their Booking at any time subject to the terms of the cancellation policy as set out in Section 7 of the Rental Terms.

7.2. Owners agree not to cancel any Booking except in exceptional circumstances.

8.1. If there are any problems with the Accommodation and/or the appliances in the Accommodation at check-in or during their stay, Guests agree to inform Hvar Away and/or the Owner as soon as possible, either via email or telephone.

8.2. Any complaint or dispute from a Guest in relation to deductions from the Damages Deposit must be communicated to Hvar Away within 48 hours of the Guest being notified of the deduction.

8.3. Both parties agree to cooperate with and assist Hvar Away in good faith, and to provide Hvar Away with such information and take such actions as may be reasonably requested by Hvar Away, in connection with any damage claims or other complaints or claims made by the other party relating to the stay at the Accommodation or any personal or other property located at the Accommodation.

8.4. Hvar Away will investigate any issue and respond to the Guest and the Owner as soon as is reasonably practicable, and will use reasonable endeavours to mediate and resolve any dispute within 7 days after it is first notified, but gives no warranty that it will successfully mediate any dispute during this 7-day time period, or at all.

8.5. Subject to the limitations, if after 7 days from the date of notification to Hvar Away of any dispute (or earlier if Hvar Away decides at its absolute discretion that it will not be able to facilitate a resolution of the dispute within that time), the dispute has not been resolved, then the Guest and the Owner may agree to professional mediation. You can access the European Commission's online dispute resolution platform here.

8.6. 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 this Section 8.

9.1. This Agreement shall end on the earlier of:

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

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

10.3. Nothing in this Section 10 "Liability" 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.

11.1. 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).

11.2. 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.

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

11.4. The Owner shall be entitled to subcontract 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.

11.5. 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.

11.6. 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.