General Terms and Conditions (GTC)

Holiday accommodation MiraMore - Design Apartments
Poljana I 27, 51550, Mali Lošinj, Croatia

Landlord: Dr. Ivana & Steffen Moreano Guerra, Dorfstr. 22, 85435 Erding, Germany

1. Arrival / Departure

The apartments can be occupied from 2 p.m. Departure must take place no later than 10:00 a.m. on the day of departure. Other arrival and departure times can be agreed individually with the landlord. If the tenant does not show up by 10 p.m. on the day of arrival, the contract is considered terminated after a period of 24 hours without notifying the landlord. The landlord can then freely dispose of the property. There will generally not be a (proportionate) refund of the rent due to early departure. If non-tenant guests (visitors) are staying overnight, the landlord must be informed of the number of visitors and the length of stay before arrival. The rental costs may possibly increase.

2. Payment

The rental agreement becomes valid upon receipt of the deposit on the landlord's account. The deposit of 20% of the rental amount is due within seven days of receipt of the booking documents. After the deposit has been made, payment of the remaining amount is due 30 days before departure. If the payment deadlines are not met, the landlord can withdraw from the contract. Non-payment is considered a withdrawal and entitles you to re-rental. The total amount stated in the rental agreement includes the additional costs (water, energy, final cleaning, waste) as well as the service fee (towels, bed linen).

3. Resignation

The tenant can withdraw from the contract at any time. Withdrawal must be made in writing (letter or email). In the event of withdrawal, the tenant is obliged to compensate for the damage caused:

• free of charge from the day the tenant receives the deposit until the 121st day before the start of the rental period
• from the 120th day to the 61st day before the start of the rental amount of the deposit
• from the 60th day to the 15th day before the start of the rental period 50% of the total price
• from the 14th day to the 8th day before the start of the rental period 80% of the total price

If you cancel less than eight days before the start of the rental, the full travel price must be paid. The date of receipt of the cancellation message counts. Amounts already paid will be offset. A replacement person who enters into the contract under the stated conditions can be provided by the tenant. A written notification is sufficient. With the booking documents, the tenant receives a recommendation to take out travel cancellation insurance.

4. Obligations of the tenant

The tenant undertakes to treat the rented items (holiday home, inventory and outdoor areas) with care. If damage to the holiday home and/or its inventory occurs during the rental agreement, the tenant is obliged to report this immediately to the landlord or, if necessary, to the property management. Defects and damage discovered upon arrival must be reported to the landlord or, if necessary, to the property management immediately (by 8 p.m. on the day of arrival), otherwise the tenant will be liable for this damage. A reasonable period of time must be allowed to rectify damages and defects.

Claims arising from complaints that are not immediately reported on site are excluded. Complaints that are only received by the landlord at the end of the stay or after leaving the holiday home are also excluded from compensation. If any service disruptions occur, the tenant is obliged to do everything reasonable within the scope of his legal obligation to help resolve the disruption and to minimize any damage that may arise. On the day of departure, the tenant must remove personal belongings, dispose of household waste in the designated containers, and store dishes in the kitchen cupboards, clean and washed. The property must be left free of waste.

Subletting the property by the tenant or overnight stays by non-tenants in the holiday apartments and/or on the property without the knowledge of the landlord is generally not permitted (see also point 1). Violations will result in the landlord immediately terminating the rental agreement and the property must be vacated immediately. If the tenant has forgotten personal property and does not report it, the items left behind will be destroyed after a storage period of 6 months after departure.

Charging electric cars on the holiday home's power grid is strictly prohibited. The cross sections of the cables are not designed for this. There are several e-charging stations within a 15 km radius.

5. Pets

Pets are unfortunately not allowed in the MiraMore - Design Apartments.

6. Data protection

The tenant agrees that necessary personal data will be stored, changed and/or deleted as part of the contract concluded with him. All personal data is treated with absolute confidentiality and will not be passed on to third parties. The tenant has the right to object to the storage of his data at any time. The deletion will take place within a reasonable period of time if there are no legal requirements (e.g. from a tax perspective) to the contrary.

7. Liability

The tender was created to the best of our knowledge. We are not liable for any influence on the rental property due to force majeure, normal power and water outages or storms. Likewise, no liability is accepted if unforeseeable or unavoidable circumstances occur, such as official orders, sudden construction sites or disruptions caused by natural and local events. However, the landlord is happy to help resolve the problems (as far as possible). The landlord is not liable for the use of the play and sports equipment provided. The tenant's arrival and departure is his or her own responsibility and liability. The landlord is not liable for personal items in the event of theft or fire. In this respect, the tenant waives any claims for damages. The tenant is fully liable for intentional destruction or damage.

8. Final provisions

Photos and text on the website or in the flyer and other marketing documents serve to provide a realistic description. 100 percent compliance with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the furnishings (e.g. furniture) provided they are of equal value. If one or more provisions of these terms and conditions are or become invalid, this will not affect the effectiveness of the remaining conditions. The ineffective regulation must be replaced by an effective one that comes closest to the economic and legal will of the contracting parties. German law applies. The place of jurisdiction and place of performance is the landlord's place of residence.

01/01/2022

Legal note

Information in accordance with Section 5 TMG

Dr. Ivana & Steffen Moreano Guerra
Holiday apartments
Dorfstr. 22
85435 Erding

Contact

Telephone: +49 156 44444 990
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Editorially responsible

Steffen Moreano Guerra

EU dispute resolution

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/.
You can find our email address above in the legal notice.

Consumer dispute resolution/universal arbitration board

We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Source: https://www.e-recht24.de/impressum-generator.html

Data protection declaration

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to personally identify you. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the “Note on the responsible body” section in this data protection declaration.

How do we collect your data?

Your data is collected on the one hand when you provide it to us. This can be e.g. This could, for example, be data that you enter into a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided error-free. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time in the future. You also have the right to request that the processing of your personal data be restricted in certain circumstances. You also have the right to lodge a complaint with the responsible supervisory authority.

You can contact us at any time about this or if you have any further questions about data protection.

Analysis tools and third-party tools

When you visit this website, your surfing behavior can be statistically evaluated. This mainly happens with so-called analysis programs.

Detailed information about these analysis programs can be found in the following data protection declaration.

2. Hosting

External hosting

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the host's servers. This can be v. a. These include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access and other data generated via a website.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 Para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art 6 Paragraph 1 Letter f GDPR).

Our host will only process your data to the extent necessary to fulfill its service obligations and follow our instructions with regard to this data.

We use the following host:

checkdomain GmbH
a dogado group company
Große Burgstraße 27/29
23552 Lübeck

3. General information and mandatory information

Data protection

The operators of these sites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this data protection declaration.

When you use this website, various personal data is collected. Personal data is data that can be used to personally identify you. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.

Note on the responsible body

The responsible body for data processing on this website is:

Dr. Ivana & Steffen Moreano Guerra
Dorfstr. 22
D - 85435 Erding

Telephone: +49 176 44444990
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

The responsible body is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage duration

Unless a specific storage period has been specified in this data protection declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you make a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); In the latter case, deletion will take place after these reasons no longer apply.

Note on data transfer to the USA and other third countries

We use, among other things, tools from companies based in the USA or other third countries that are not secure in terms of data protection. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that a level of data protection comparable to the EU cannot be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as the data subject being able to take legal action against this. It cannot therefore be ruled out that US authorities (e.g. secret services) process, evaluate and permanently store your data on US servers for surveillance purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke any consent you have already given at any time. The lawfulness of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LITER. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE TERMS. THE APPLICABLE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN PROOF COMPLEX REASONS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOM OR THE PROCESSING IS FOR THE PURPOSE OF EFFECTING, EXERCISE OR DEFENSE FORMATION OF LEGAL CLAIMS ( OBJECTION ACCORDING TO ARTICLE 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT IT IS CONNECTED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR THE PURPOSE OF DIRECT ADVERTISING (OBJECTION PURSUANT TO ARTICLE 21 (2) GDPR).

Right to complain to the responsible supervisory authority

In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically based on your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the data to be transferred directly to another person responsible, this will only be done if it is technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the browser address line changing from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right to free information at any time about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. You can contact us at any time about this or if you have any further questions on the subject of personal data.

Right to restriction of processing

You have the right to request that the processing of your personal data be restricted. You can contact us at any time about this. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of the personal data we hold about you, we will generally need time to verify this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
• If the processing of your personal data was/is occurring unlawfully, you can request that data processing be restricted instead of deletion.
• If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request that the processing of your personal data be restricted instead of deletion.
• If you have lodged an objection in accordance with Article 21 Para. 1 GDPR, a balance must be made between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of a important public interest of the European Union or a Member State.

Objection to advertising emails

The use of contact details published as part of the imprint obligation to send unsolicited advertising and information materials is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, such as spam emails.

4. Data collection on this website

Cookies

Our websites use so-called “cookies”. Cookies are small text files and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or your web browser automatically deletes them.

In some cases, cookies from third-party companies may also be stored on your device when you enter our site (third-party cookies). These enable us or you to use certain third-party services (e.g. cookies to process payment services).

Cookies have various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.

Cookies that are used to carry out the electronic communication process (necessary cookies) or to provide certain functions you want (functional cookies, e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the Web audience) are stored on the basis of Art. 6 Para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies in order to provide its services in a technically error-free and optimized manner. If consent to the storage of cookies has been requested, the relevant cookies will be stored exclusively on the basis of this consent (Art. 6 Para. 1 lit. a GDPR); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately as part of this data protection declaration and, if necessary, request your consent.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and browser version
• operating system used
• Referrer URL
• Host name of the accessing computer
• Time of server request
• IP address

This data will not be merged with other data sources.

This data is collected on the basis of Article 6 Paragraph 1 Letter f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - for this purpose the server log files must be recorded.

Contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us in order to process the inquiry and in case of follow-up questions. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, provided that your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Inquiry by email, telephone or fax

If you contact us by email, telephone or fax, your request including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, provided that your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.

Comment function on this website

For the comment function on this page, in addition to your comment, information about the time the comment was created, your email address and, if you do not post anonymously, the username you have chosen are stored.

Storage of the IP address

Our comment function stores the IP addresses of users who write comments. Since we do not check comments on this website before they are activated, we need this data in order to be able to take action against the author in the event of legal violations such as insults or propaganda.

Storage period for comments

The comments and the associated data will be saved and remain on this website until the commented content has been completely deleted or the comments must be deleted for legal reasons (e.g. offensive comments).

Legal basis

The comments are stored based on your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke your consent at any time. All you need to do is send us an informal email. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

5. Newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, we need an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you have received the email address you agree to the newsletter. No further data is collected or only collected on a voluntary basis. We use this data exclusively to send the requested information and do not pass it on to third parties.

The processing of the data entered into the newsletter registration form is carried out exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke your consent to the storage of data, the e-mail address and their use to send the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

The data you provide to us for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or if it no longer serves the purpose. We reserve the right to delete or block email addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR.

Data stored by us for other purposes remains unaffected.

After you have been unsubscribed from the newsletter distribution list, your email address may be stored in a blacklist by us or the newsletter service provider if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interests.

6. Plugins and tools

YouTube with extended data protection

This website embeds videos from YouTube. The website is operated by Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the extended data protection mode does not necessarily exclude the passing on of data to YouTube partners. This means that YouTube connects to the Google DoubleClick network regardless of whether you are watching a video.

As soon as you start a YouTube video on this website, a connection to YouTube's servers is established. The YouTube server is informed which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

Furthermore, after starting a video, YouTube can store various cookies on your device or use comparable recognition technologies (e.g. device fingerprinting). In this way, YouTube can receive information about visitors to this website. This information is, among other things, used to collect video statistics, improve user experience and prevent fraud attempts.

If necessary, further data processing operations may be triggered after starting a YouTube video, over which we have no influence.

The use of YouTube is in the interest of an attractive presentation of our online offerings. This represents a legitimate interest within the meaning of Article 6 Paragraph 1 Letter f of the GDPR. If appropriate consent has been requested, processing is carried out exclusively on the basis of Article 6 Paragraph 1 Letter a of the GDPR; consent can be revoked at any time.

Further information about data protection at YouTube can be found in their data protection declaration at: https ://policies.google.com/privacy?hl=de.

Google Web Fonts (local hosting)

This site uses so-called web fonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. There is no connection to Google servers.

For more information about Google Web Fonts, visit https://developers.google .com/fonts/faq and in Google's privacy policy:  https://policies.google.com/privacy?hl=de.

Font Awesome (local hosting)

This site uses Font Awesome to display fonts uniformly. Font Awesome is installed locally. There is no connection to Fonticons, Inc. servers.

For further information about Font Awesome, please see the Font Awesome privacy policy at: https://fontawesome .com/privacy.

Google Maps

This site uses the map service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

In order to use the functions of Google Maps, it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. If Google Maps is activated, Google can use Google Web Fonts for the purpose of uniform font display. When you access Google Maps, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

The use of Google Maps is in the interest of an attractive presentation of our online offerings and to make it easy to find the places we indicate on the website. This represents a legitimate interest within the meaning of Article 6 Paragraph 1 Letter f of the GDPR. If appropriate consent has been requested, processing is carried out exclusively on the basis of Article 6 Paragraph 1 Letter a of the GDPR; consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms / and https://privacy.google.com/ businesses/gdprcontrollerterms/sccs/.

You can find more information about the handling of user data in Google's privacy policy: https://policies.google.com/privacy?hl=de.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The purpose of reCAPTCHA is to check whether data entry on this website (e.g. in a contact form) is done by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For analysis, reCAPTCHA evaluates various information (e.g. IP address, length of time the website visitor stays on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyzes run completely in the background. Website visitors are not informed that an analysis is taking place.

The storage and analysis of the data is based on Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offerings from abusive automated spying and SPAM. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a GDPR; consent can be revoked at any time.

For further information about Google reCAPTCHA, please see the Google Privacy Policy and the Google Terms of Use under the following links: https://policies.google.com/privacy?hl=de and https://policies.google.com/terms?hl=de.

Source: https://www.e-recht24.de