Terms and Conditions of Using Njuškalo Portal for Accommodation Establishment Booking Services on Njuškalo Portal
1. Introductory Terms
1.1 These General Terms and Conditions of Providing Accommodation Establishment Booking Services on Njuškalo Portal (hereinafter: “General Terms and Conditions”) define the manner and terms and conditions under which Njuškalo allows the Accommodation Provider to advertise one or more Accommodation Establishments on Njuškalo Portal for the purpose of concluding the Agreement on Providing Accommodation Establishment Services.
1.2 Njuškalo does not provide accommodation services or any other services at Accommodation Establishments and it is not in any way responsible for the provision of Accommodation Establishments Services. Njuškalo provides only the service of using Njuškalo Portal for booking Accommodation Establishment Services (hereinafter: “Njuškalo Service”) under the conditions and in the manner defined in these Terms and Conditions. Njuškalo does not define the terms and conditions of the Agreement on Providing Accommodation Establishment Services and, in particular, it is not responsible for the deadlines, payments and/or returns agreed directly between the Accommodation Provider and Booking Service User. When booking Accommodation Establishment Services, the Accommodation Provider must comply with the terms and conditions accepted by concluding the Agreement, specifically the provisions of the General Terms and Conditions currently in effect.
1.3 Njuškalo is the exclusive and authorised provider of services available on turizam.njuskalo.hr website, where it enables the use of services and content available on Njuškalo Portal in accordance with the Agreement and General Terms and Conditions of Use, as well as the use of customer support services. Njuškalo provides said functions in collaboration with the partner company Styria digital marketplaces, d.o.o., Verovškova ulica 55, Ljubljana, Slovenia by allowing users of both service providers to post ads on both portals at any time, with these General Terms and Conditions being applied as appropriate. This function represents the purpose of providing the services, which has been determined jointly by the services providers.
1.4 General Terms and Conditions constitute an integral part of the Agreement on Providing Accommodation Booking Services on Njuškalo Portal (hereinafter: “the Agreement”). The Accommodation Provider and Njuškalo shall conclude the Agreement at the moment when the Accommodation Provider, in relation to the Accommodation Establishment(s) specified in the Special Terms and Conditions (hereinafter: “Special Terms and Conditions”), confirms the acceptance of the Special and General Terms and Conditions by clicking the relevant button in the System.
2. Definitions
2.1 When written in capital letters, the terms defined in this Article shall have the following meaning in these Terms and Conditions:
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Agency |
a travel agency or another authorised person who is a registered User and has concluded the Agreement on behalf of the Accommodation Provider in accordance with the Act on the Provision of Tourism Services, Hospitality and Catering Industry Act and other applicable laws and subordinate legislation, as they may be amended from time to time. |
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Accommodation Establishment Service Price |
means the total price of Accommodation Unit Services at the Accommodation Establishment indicated to the Booking Service User when making a Booking on Njuškalo Portal based on selected parameters (period, capacity, number of persons, etc.), including all taxes, charges and other fees paid for Accommodation Establishment Services. |
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Additional Deposit |
amounts required by the Accommodation Provider in addition to the Deposit payable by the Booking Service User via Njuškalo Portal at the moment of making a Booking, which is required to complete and validate a confirmed Booking. |
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Guest |
any natural person or legal entity entitled to use Accommodation Unit Services at the Accommodation Establishment on Njuškalo Portal based on a confirmed Booking. |
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Intellectual Property |
means copyright and related rights and industrial property rights, whether registered or not, including, but not limited to, patents, trademarks, industrial design as well as know-how. |
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Accommodation Provider |
a legal entity or a natural person who is a registered User, has concluded the Agreement and is authorised to provide Accommodation Establishment Services advertised on Njuškalo Portal in accordance with the Hospitality and Catering Industry Act, other applicable laws and subordinate legislation, as they may be amended from time to time. If the Agreement is concluded by a travel agency or another authorised person on behalf of the Accommodation Provider, the term “Accommodation Provider” will refer both to the agency or another authorised person as appropriate, jointly referred to as “Agency”. |
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User |
any person using Njuškalo Portal, including the Booking Service User and Accommodation Provider. |
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Njuškalo |
Njuškalo d.o.o., PIN: 94718723416, Zagreb, Miroslava Miholića 2 |
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Njuškalo Portal |
represents the services and content available on the Tourism portal, a website located at web address turizam.njuskalo.hr and owned by Njuškalo. Njuškalo Portal includes Njuškalo tourism services at turizam.njuskalo.hr and at Bolha portal, www.bolha.com, which is owned by Styria digital marketplaces, d.o.o., Verovškova ulica 55, Ljubljana, Slovenia as a partner company. |
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Njuškalo Service |
means the service of advertising one or more Accommodation Establishments on Njuškalo Portal, making a Booking and confirming a Booking via Njuškalo Portal, in accordance with the Accommodation Establishment Service Description. |
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Booking Option |
means the accommodation booking model, i.e. so-called “Instant Booking” Model , as described in Article 3.1 of the General Terms and Conditions. |
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Accommodation Establishment Service Description |
has the meaning given in Article 3.3 of these General Terms and Conditions. |
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Deposit |
an amount that the Booking Service User must pay to make a Booking, which represents Njuškalo’s fee and a Deposit paid to the Accommodation Provider, equal to an agreed percentage of the Accommodation Establishment Service Price, which the Accommodation Provider cedes to Njuškalo in order to fulfil its obligation to pay a fee for using the Njuškalo Service. After a Booking has been confirmed, the Accommodation Provider may require the Booking Service User to pay an Additional Deposit for booking validation purposes, in accordance with Article 6 of the General Terms and Conditions. |
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Consumer |
any Booking Service User who is a natural person and acts outside of his/her commercial, business, sole proprietorship or professional activities. |
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Payment Gateway |
means Njuškalo’s contractual partner’s payment gateway integrated into Njuškalo Portal, which the Booking Service User uses to pay a Deposit to make a Booking. |
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Double-Booking |
means either the full or partial inability to provide Accommodation Unit Services for which a Booking has been confirmed due to the unavailability of the Accommodation Unit for which a Booking has been confirmed. |
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Booking |
refers to the selection of available booking dates by the Booking Service User via Njuškalo Portal for the purpose of concluding an agreement on the provision of services at the Accommodation Provider’s Establishment specified in the booking form. |
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Booking Confirmation |
a notice issued by Njuškalo to the Booking Service User after completing the payment of a Deposit in accordance with Article 5.5 of the General Terms and Conditions, where the Accommodation Provider reserves the right to cancel the Booking in case of failure to pay an Additional Deposit or in other cases specified in Article 5.8 of the General Terms and Conditions. |
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Accommodation Establishment |
means a hospitality establishment that complies with all the requirements and has been issued all the permits necessary to provide Accommodation Establishment Services in accordance with applicable regulations, which is advertised on Njuškalo Portal by the Accommodation Provider and includes Accommodation Units at the Accommodation Establishment. |
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Accommodation Unit |
means a unit within the Accommodation Establishment to which an individual ad refers. |
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System |
means Njuškalo’s online system for the Tourism portal that the Accommodation Provider may use under the terms and conditions specified by Njuškalo to upload, edit, confirm, update and/or complete information about the Accommodation Establishment and Accommodation Establishment Services (including accommodation units, prices and availability) and Bookings, including cases when such information has been entered or is used and processed via the Bolha portal. |
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Booking Service User |
means a legal entity or natural person booking accommodation on their own/someone else’s behalf and for their own/someone else’s account, whose Booking has been confirmed in accordance with Article 5 of these General Terms and Conditions. If the Booking Service User is an underage person over 16 years of age, booking accommodation on their behalf and for their account is possible only by their legal representative. Persons under the age of 16 may not book Accommodation Establishment Services via Njuškalo Portal. |
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Accommodation Establishment Services |
means accommodation services and, as the case may be, related breakfast and/or other meal preparation and serving services at the Accommodation Establishment and/or Accommodation Unit advertised by the Accommodation Provider on Njuškalo Portal. |
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Force Majeure |
an event for which neither Party is responsible, which could not be foreseen, avoided or averted and which affects the majority of Accommodation Providers and their Accommodation Establishments (including, but not limited to, natural disasters such as eruptions, floods, fires, war, rebellions, civil disobedience, epidemics, quarantines, etc.) |
2.2 Titles in the General Terms and Conditions are for convenience only.
2.3 The terms defined in the General Terms and Conditions include all genders.
3. Entering Information about the Accommodation Establishment and Accommodation Establishment Services
3.1 Prior to concluding the Agreement, the Accommodation Provider will be allowed to enter information about the Accommodation Establishment and Accommodation Establishment Services, but will not be allowed to post an ad. If the Accommodation Provider wishes to post an ad for that Accommodation Establishment, it must conclude the Agreement with Njuškalo and accept the General Terms and Conditions, after which the ad may be posted. Ads are posted simultaneously on Njuškalo Portal and the Bolha portal, but it is possible to restrict an ad to be posted on only one of the portals. If the Accommodation Provider wishes to restrict an ad to only one portal, this must be requested in writing.
3.2 To use the System, the Accommodation Provider must be a registered User and protect the confidentiality of its username and password. The Accommodation Provider is solely responsible for any loss that any person incurs due to a breach of the obligation defined in this Article.
3.3 The Accommodation Provider is obligated to provide true, accurate, complete and non-misleading information in the System, which shall include the following: (i) a description of the Accommodation Establishment and every Accommodation Unit advertised, including equipment and location, as well as up-to-date, true and non-misleading photographs of the available Accommodation Establishment and units; (ii) a description of all circumstances relevant for using the Accommodation Establishment (including, but not limited to works near or on the Accommodation Establishment, closed roads, closed swimming pool or other facilities that are usually available, inaccessibility by road, etc.); (iii) a description of available Accommodation Establishment Services; (iv) all prices, taxes, charges and other fees for every accommodation unit in the Accommodation Establishment (or the Accommodation Establishment as a whole if it may be booked as a single accommodation unit) and for every Accommodation Establishment Service; (v) availability, (vi) cancellation terms and the no-show policy and (vii) other rules and limitations related to Accommodation Establishment Services (items (i) to (vii) hereinafter jointly referred to as: “Accommodation Establishment Service Description”).
3.4 The Accommodation Provider grants Njuškalo the right to use the Intellectual Property specified in the Accommodation Establishment Service Description, which shall be geographically unlimited, limited to the term of the Agreement, and have the widest scope of use possible. Furthermore, the Accommodation Provider authorises Njuškalo to provide the Accommodation Establishment Service Description, for advertising purposes, to portals managed by legal entities related to Njuškalo and to take actions referred to in Article 3.8 of these General Terms and Conditions. The Accommodation Provider declares, in particular, to be authorised to grant Njuškalo the right to use the Intellectual Property in accordance with this Article.
3.5 The Accommodation Provider undertakes to ensure that the Accommodation Establishment Service Description is true, accurate, complete and non-misleading at all times. The Accommodation Provider shall be liable for any loss incurred by Njuškalo, Booking Service User or Guest due to a breach of this obligation.
3.6 The Accommodation Provider is obligated to comply with all regulations governing the provision of Accommodation Establishment Services (including, for the avoidance of any doubt, regulations governing consumer protection and personal data protection). The Accommodation Provider shall be liable for any loss incurred by Njuškalo, Booking Service User or Guest due to a breach of this obligation.
3.7 Njuškalo can edit the Accommodation Establishment Service Description and translate it into foreign languages at its own discretion and expense. Nevertheless, the information given by the Accommodation Provider to be published on Njuškalo Portal shall remain the exclusive property of the Accommodation Provider. Translations shall remain the property of Njuškalo. The Accommodation Provider may not use the Accommodation Establishment Service Description for any purpose other than fulfilling the Agreement.
3.8 Njuškalo reserves the right to edit and omit information from the Accommodation Establishment Service Description if it discovers that the information is inaccurate, incomplete or does not comply with the terms and conditions of the Agreement or with the General Terms and Conditions. Njuškalo and/or its business partner Styria digital marketplaces, d.o.o., as the owner of the Slovenian Bolha portal at www.bolha.com, reserves the right to delete or edit ads if their content does not comply with the general terms and conditions of the Bolha portal, which are available at bolha.com - Pravila in pogoji uporabe bolha.com.
3.9 The fact that Njuškalo made the Accommodation Establishment Service Description available to Njuškalo Portal Users does not mean that Njuškalo is in any case or way responsible for the Accommodation Establishment Service Description, including its content, veracity or up-to-dateness. If any Booking Service User or third party makes a claim against Njuškalo in relation to the Accommodation Establishment Service Description, the Accommodation Provider undertakes to protect Njuškalo against the Booking Service User’s or third party’s claim and to compensate Njuškalo for any potential loss resulting from such a claim.
3.10 The Accommodation Provider undertakes not to limit the number of Accommodation Units at any Accommodation Establishment for which Njuškalo Services are provided due to increased demand in certain periods (e.g. during the holiday season, concerts, exhibitions and other events).
4. Accommodation Establishment Service Prices
4.1 It is the responsibility of the Accommodation Provider that all Accommodation Establishment Service Prices show final prices, including taxes, charges and other fees and expenses to be paid by the Booking Service User. If a regulation has been adopted, but not yet enforced, and it will increase a fee, tax or charge included in the advertised Accommodation Establishment Service Price, the Accommodation Provider is obligated to post the increased price as well. This is to be done no later than within three days after the regulation has been proclaimed. The Accommodation Provider must also indicate the date as of which the increased price applies.
4.2 In the event that the Booking Service User must pay additional taxes, expenses or fees due to the Accommodation Provider’s breach of obligations specified in the previous paragraph of this Article, the Accommodation Provider undertakes to pay any such costs and to compensate Njuškalo for any loss resulting from a failure to fulfil this obligation.
4.3 By way of derogation from the previous Article and notwithstanding the Accommodation Provider’s cancellation rules, in the event that the Booking Service User must pay additional taxes, expenses or fees due to regulatory changes made in the period between making a Booking and starting to use Accommodation Establishment Services, the Accommodation Provider undertakes to notify Njuškalo and the Booking Service User immediately, and no later than within three days after the regulation has been proclaimed. In this case, the Booking Service User shall have the right to cancel the Booking free of charge.
5. Booking and Cancelling Accommodation Establishment Services
5.1 The Accommodation Provider understands and acknowledges that Njuškalo will generate a Booking Confirmation for the Booking Service User via Njuškalo Portal based on the information the Accommodation Provider enters in the System. The Accommodation Provider undertakes to update the availability and current price of the Accommodation Unit in real time and is solely responsible for the accuracy of the information about available Accommodation Unit Services.
5.2 After choosing the Accommodation Establishment Services and entering any other necessary parameters (in any case including dates and the number of persons), the Booking Service User will be able to select the booking option. If a Booking can be made using the “Instant Booking” model based on the information in the System, Njuškalo or Styria digital marketplaces, d.o.o. will allow the Booking Service User to be redirected to the Payment Gateway in order to pay a Deposit for Accommodation Establishment Services at the percentage specified in the Special Terms and Conditions and corresponding to the Njuškalo Service fee indicated in Article 9 of these General Terms and Conditions.
5.3 For the avoidance of any doubt, only a Deposit for Accommodation Establishment Services can be paid via the Payment Gateway. By concluding the Agreement, the Accommodation Provider will cede the Deposit to Njuškalo for the purpose of settling its debt to Njuškalo in accordance with Article 9 of the General Terms and Conditions. The remaining amount of the Accommodation Establishment Service Price shall be paid directly to the Accommodation Provider by the Booking Service User.
5.4 The Accommodation Provider shall issue an invoice for the Deposit and/or Additional Deposit and deliver it to the Booking Service User by e-mail. For the avoidance of any doubt, when collecting the payment for Accommodation Establishment Services, the Deposit and/or Additional Deposit collected shall be deducted from the Accommodation Establishment Service Price and the Accommodation Provider shall issue a corresponding invoice for the full Accommodation Establishment Service Price.
If the Accommodation Provider is obligated to issue invoices in accordance with the VAT Act, following the receipt of a notice about paid booking (Deposit), the Accommodation Provider shall issue an invoice for the Deposit and/or Additional Deposit and deliver it to the Booking Service User by e-mail. For the avoidance of any doubt, when collecting the payment for Accommodation Establishment Services, the Deposit and/or Additional Deposit collected shall be deducted from the Accommodation Establishment Service Price and the Accommodation Provider shall issue a corresponding invoice for the full Accommodation Establishment Service Price.
5.5 After completing the Deposit payment procedure via the Payment Gateway, Njuškalo will generate a Booking Confirmation for the Booking Service User via Njuškalo Portal, after which it will also generate a notice about the confirmed Booking for the Accommodation Provider, containing the arrival date, Accommodation Establishment Service (number of overnight stays, accommodation unit type and other services, such as breakfast or parking), Accommodation Establishment Service Price and the number of Guests to whom the Booking pertains.
5.6 Njuškalo is not responsible for the completeness and veracity of Guest Information or for the Booking Service User’s or Guest’s obligations under the confirmed Booking.
5.7 If the Accommodation Provider discovers Double-Booking in relation to any confirmed Booking, the Accommodation Provider must notify Njuškalo promptly and provide the Booking Service User, at its own expense, with alternative accommodation and services of at least equal or higher quality as those included in the confirmed Booking, which the Booking Service User has accepted. If the Accommodation Provider fails to fulfil this obligation, it undertakes to pay Njuškalo a contractual penalty amounting to 15% of the total Accommodation Establishment Service Price for the confirmed Booking, regardless of whether the Agreement has been terminated in the meantime. The Accommodation Provider shall also require Njuškalo to return the Deposit for Accommodation Establishment Services to the Booking Service User using the Payment Gateway, and Njuškalo undertakes to do so. The Accommodation Provider also undertakes to immediately pay Njuškalo the fee for its services, which, in case the Deposit is returned to the Booking Service User, is considered not settled by cession as defined in Article 5.3 of the General Terms and Conditions.
5.8 The Accommodation Provider defines the deadlines and other rules on free Booking cancellations and cancellation charges, which shall be entered in the System and notified by the Accommodation Provider to the Booking Service User in a clear and transparent manner. The Accommodation Provider understands and acknowledges that regardless of the rules, the Booking Service User shall have the right to free cancellation in the event of Force Majeure and in other cases explicitly specified in the General Terms and Conditions, in which case the Booking Service User shall be notified by the Accommodation Provider.
5.9 The Accommodation Provider undertakes to immediately notify Njuškalo in case of its intention to stop providing any of the Accommodation Establishment Services and to completely fulfil all Bookings confirmed up to that date regardless. Furthermore, the Accommodation Provider undertakes to update or deactivate ads for accommodation units accordingly.
5.10 The Accommodation Provider may not cancel a Booking in the System unless this has been made technically possible by Njuškalo, which Njuškalo shall do at a documented request of the Accommodation Provider in the event of Force Majeure, collapse of the Accommodation Establishment or damage to the Accommodation Establishment rendering its description on Njuškalo Portal essentially inaccurate or misleading; or in the event of failure to pay the Additional Deposit referred to in Article 6 within the time limit specified in the ad by the Accommodation Provider; or in other cases when the booked accommodation has been cancelled in accordance with relevant regulations.
5.11 Njuškalo Portal does not provide the possibility of posting “On Request” ads; instead the availability of accommodation is shown by way of designated available booking dates in the Instant Booking system.
5.12 If available Accommodation Unit booking dates have been booked using services other than the “Instant Booking” model on Njuškalo Portal, the Accommodation Provider must enter all changes in the availability of Accommodation Units in the ads on Njuškalo Portal.
6. Additional Deposit for Accommodation Establishment Services
6.1 If the Accommodation Provider requires an additional payment for booking purposes which exceeds the amount specified in Article 5.2 of the General Terms and Conditions, this must be clearly indicated in the Accommodation Establishment Service Description as well as at an appropriate location in the System when entering information about the Accommodation Establishment.
6.2 The Parties agree that, in the event that the Booking Service User fails to pay the Additional Deposit within the time limit specified in the ad by the Accommodation Provider, Njuškalo is authorised to cancel the booking at the Accommodation Provider’s request, in accordance with Article 5.10. of the General Terms and Conditions.
6.3 In the event that the Deposit has been collected from a Booking Service User who failed to realise a Booking, i.e. he or the Guest failed to appear at the Accommodation Unit at a specified time (“no-show”) or failed to cancel the Booking in time (late cancellation), amounts paid by the Booking Service User as a Deposit and/or Additional Deposit will not be returned to the Booking Service User.
Returning a Deposit and/or Additional Deposit to the Booking Service User will be possible only in cases when the Accommodation Provider has offered a free cancellation option up to a certain time and when that the Booking Service User has properly cancelled a Booking in time. In that case, Njuškalo will return the Deposit to the Booking Service User on behalf of the Accommodation Provider, while the Accommodation Provider must return the Additional Deposit paid by the Booking Service User, without delay and within an appropriate time limit.
6.4 For the avoidance of any doubt, payment transactions concerning the Additional Deposit will not be completed via Njuškalo, but exclusively in the manner agreed by the Accommodation Provider and Booking Service User. Njuškalo’s liability for any loss caused in relation to the payment and/or return of the Additional Deposit is fully excluded.
7. Agreement on Providing Accommodation Establishment Services
7.1 The Agreement on Providing Accommodation Establishment Services is concluded exclusively between the Accommodation Provider and Booking Service User. Njuškalo does not act as an intermediary or a representative of any Party.
7.2 If the Accommodation Provider concludes the Agreement on Providing Accommodation Establishment Services with the Consumer, the Accommodation Provider undertakes to fulfil all obligations in accordance with the Consumer Protection Act and other regulations applicable to their contractual relationship (including sending an agreement conclusion confirmation and other notices).
7.3 The Accommodation Provider understands and acknowledges that Njuškalo provides exclusively Njuškalo services and undertakes to protect Njuškalo from any claims made by the Booking Service User and/or Guest in relation to the Booking and/or Accommodation Establishment Services.
7.4 The Accommodation Provider understands and acknowledges that reliability and accuracy of the Accommodation Establishment Services Description on Njuškalo Portal and accuracy of confirmed Bookings are extremely important for Njuškalo’s business reputation. Therefore, the Accommodation Provider undertakes, at Njuškalo’s request, to take any action reasonably necessary to protect and maintain Njuškalo’s reputation, and especially to provide the Guest, at its own expense, with alternative accommodation and services of at least equal or higher quality as those included in the confirmed Booking in case of Double-Booking.
7.5 The Accommodation Provider is obligated to allow the Booking Service User and Guest to file a complaint in accordance with applicable regulations and must settle any complaint made within the statutory time limit.
7.6 The Accommodation Provider is also obligated to settle any complaint to Accommodation Establishment Services and/or the Booking (except complaints related to the operation of Njuškalo Portal) submitted directly to Njuškalo within the statutory time limit, at the same time protecting Njuškalo’s reputation and interests.
7.7 The Accommodation Provider understands and acknowledges that Njuškalo may, but is not obligated to become involved in complaint settlement referred to in Article 7.5 or 7.6 of these General Terms and Conditions and undertakes to provide Njuškalo, at its request, with any information required to assess the merit of a complaint. Njuškalo undertakes to cooperate in good faith and make any required and reasonable effort in any situation or circumstance that could cause loss to the Guest, Booking Service User or Accommodation Provider. However, Njuškalo will not be liable for any such loss.
7.8 The Accommodation Provider understands and agrees that Njuškalo will not be liable to the Booking Service User, Guest or any third party if the information about the Accommodation Establishment category or other evidence related to its status which is entered in the System is inaccurate or incomplete. Any act of the Accommodation Provider contrary to these provisions shall be regarded as a gross violation of the Agreement.
8. Accommodation Establishment Ranking, Guest Rating and Reviews
8.1 The Accommodation Provider understands and acknowledges that Njuškalo shall independently determine the position of the Accommodation Unit on Njuškalo Portal in relation to other Accommodation Units. In doing so, Njuškalo uses various parameters and their weights, which are defined and modified at its own discretion (e.g. accommodation capacity, number of bookings relative to the number of page visits, amount of traffic, cancellation rate, guest ratings, etc.).
8.2 The Accommodation Provider understands and acknowledges that Njuškalo requires Guests provided with Accommodation Establishment Services to rate certain aspects of their stay at the Accommodation Establishment (hereinafter: “Guest Rating”).
8.3 The Accommodation Provider agrees that Njuškalo may post Guest Ratings on Njuškalo Portal and advertise the Accommodation Unit
or forward the ratings to the portals referred to in Article 3.4 of these General Terms and Conditions.
8.4 The Accommodation Provider understands and acknowledges that Njuškalo does not check Guest Ratings before posting or forwarding them as described in the previous Article, but will try to review them in order to avoid publishing inappropriate content or personal data. Nevertheless, the Accommodation Provider understands and acknowledges that Njuškalo’s liability for any loss that the Accommodation Provider may incur because of posting or forwarding Guest Ratings is hereby excluded.
8.5 The Accommodation Provider may ask a Guest for a rating, but has no right to affect Guest Ratings except by the quality of Accommodation Establishment Services provided.
8.6 The Accommodation Provider agrees that Njuškalo may promote the Accommodation Establishment as part of its existing business services on Njuškalo Portal, using the Accommodation Establishment Service Description in online marketing, including e-mail or pay-per-click marketing (hereinafter: “PPC”), at its own expense and free will.
9. Fee for Njuškalo’s advertising and accommodation booking services; Njuškalo Service fee payment
9.1 The Accommodation Provider undertakes to pay the Njuškalo Service fee for all Bookings that have been confirmed in accordance with the Agreement. The fee shall be equal to the percentage of the total Accommodation Establishment Service Price specified in the Special Terms and Conditions of the Agreement and corresponding to the percentage of the total accommodation fee referred to in Article 5.2 of these General Terms and Conditions.
9.2 To settle the fee referred to in the previous paragraph of this Article, the Accommodation Provider shall, at the moment of payment, cede to Njuškalo any Deposit for the Service referred to in Article 5.2 of these General Terms and Conditions (or Article 9.1 of the General Terms and Conditions) paid by the Booking Service User to confirm a Booking.
9.3 If an Additional Deposit has been collected from the Booking Service User who failed to realise a Booking or cancel it timely (late cancellation), the Accommodation Provider will not be obligated to pay the fee referred to in Article 9.1 of these General Terms and Conditions to Njuškalo, while Njuškalo undertakes to return the amount collected by cession specified in Article 9.2 hereof. If the Accommodation Provider has allowed free cancellation up to a certain time, Njuškalo will credit an amount equivalent to the paid Deposit to the Accommodating Provider.
9.4 Njuškalo shall issue the Accommodation Provider an invoice for the Njuškalo Service fee in accordance with Article 9.1 and 9.2 of these General Terms and Conditions. The invoiced amount shall be total (gross) amount. If applicable, VAT shall be indicated in the invoice separately at the applicable rate. The invoice shall be issued by the 15th day of the month for Bookings confirmed in the preceding month. The return referred to in paragraph 3 of this Article shall be made by Njuškalo by the 15th day of the month following the month in which the Booking was cancelled.
9.5 The Accommodation Provider undertakes to pay every invoice for the Njuškalo Service by the due date, to the account indicated in the invoice.
9.6 A record of confirmed Bookings based on which an invoice has been issued will be available to the Accommodation Provider in the System. Any complaint to an invoice shall be explained by the Accommodation Provider and filed to Njuškalo within five days after its receipt. Any undisputed portion of an invoice shall be paid by the Accommodation Provider by the due date. Njuškalo shall examine the complaint as soon as possible and either correct the invoice or issue a credit note if it finds the complaint justified. If Njuškalo finds the complaint unjustified, the Accommodation Provider shall pay the invoice and default interest by the due date indicated in the invoice.
10. Payment Card Transaction Processing
10.1 Njuškalo does not provide payment services and at no time will it be considered a direct recipient of the funds paid by the Booking Service User for Accommodation Establishment Services (including a Deposit or Additional Deposit), since the Deposit for Accommodation Establishment Services is ceded to Njuškalo and represents its funds obtained based on the Njuškalo Service provided.
10.2 Njuškalo allows a Deposit to be paid by payment card on Njuškalo Portal via the Payment Gateway of Njuškalo’s partner authorised to provide such services. Njuškalo does not possess payment card data at any point nor is it liable for carrying out and processing payment card transactions.
10.3 The Accommodation Provider does not pay any payment card transaction processing fees on Njuškalo Portal. This fee is to be paid by Njuškalo and it is included in the Njuškalo Service fee.
11. Personal Data Protection
11.1 The Accommodation Provider undertakes to process all personal data, including, but not limited to, information about the Booking Service User and Guest, in all aspects in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: “GDPR”) as well as in accordance with the Payment Card Industry Data Security Standard (hereinafter: “PCI DSS”) if it carries out card payment transactions.
11.2 The Accommodation Provider undertakes to compensate Njuškalo for any loss incurred due to a breach of the GDPR and/or PCI DSS by the Accommodation Provider or a third party to which the Accommodation Provider has made personal data available.
11.3 Njuškalo and the Accommodation Provider hereby acknowledge that Njuškalo and the Accommodation Provider act separately as independent controllers of personal data of natural persons collected as part of providing Accommodation Establishment Services. The Accommodation Provider hereby undertakes to inform the Guest about any data processing and about data processing rules in accordance with the GDPR.
11.4 Njuškalo is authorised to process the personal data collected for the purpose of regulating contracts and, based on legitimate interest, for its own statistical and marketing purposes with the aim of improving business and contractual relationships. This may be done for a period of five years after the beginning of a legal relationship.
11.5 The Accommodation Provider is responsible for the legitimacy of personal data processing for the purpose of realising a Booking and providing Accommodation Establishment Services. The Accommodation Provider is also obligated to adopt all the necessary and reasonable technical and organisational security measures to protect the personal data of data subjects.
11.6 Njuškalo and Styria digital marketplaces, d.o.o. as joint controllers in the current business collaboration, process the data provided by the Accommodation Provider jointly for the purpose of contracting and providing Accommodation Establishment Services and using customer support services. If the Accommodation Establishment is located in the Republic of Slovenia, information about it will be available to Njuškalo and Styria digital marketplaces, d.o.o. for the purpose of carrying out a transaction and providing Accommodation Establishment Services and customer support, regardless of which portal was used to make a Booking. In that case, customer support is provided using the customer support contact information available on the Bolha portal.
11.7 Data processing referred to in this Article takes place via the MyRent digital platform, owned by J.P. Atelier d.o.o. as a processor with which a personal data processing agreement has been concluded.
11.8 In order to use a single interface to view and track booking availability on other portals, the Accommodation Provider may enable the Channel Manager on Njuškalo Portal. For this purpose, information about guests who made Bookings on another portal will be transferred from other portals to Njuškalo’s system. The Accommodation Provider will transfer only basic information about the guest (first and last name and phone number) and no other information can be transferred. The Accommodation Provider undertakes to inform each guest individually about such processing in an appropriate manner in accordance with data protection regulations, in particular about the grounds, purpose and duration of processing.
11.9 Njuškalo does not process the data referred to in Article 11.8 for its own needs, but exclusively as a processor for the Accommodation Provider as the controller, in accordance with a separate data processing agreement concluded by the Accommodation Provider with Njuškalo at the moment of contracting the service. The data referred to in Article 11.8 is processed by Njuškalo as the processor for a maximum period of one month, unless there are some other legitimate grounds to process the data for a longer period of time.
11.10 Data processing mentioned in 11.8 is conducted through the Channel Manager based on the contract between J.P. Atelier d.o.o. for Booking.com and MyRent d.o.o. for Airbnb.com as subprocessor of Njuškalo with which J.P.Atelier d.o.o. signed a contract for data processing and Data Processing contracts that J.P. Atelier concluded with their sub-processors.
12. Parties’ Representations and Guarantees
12.1 The Accommodation Provider hereby represents and guarantees, for the entire term of the Agreement:
(i) to have obtained all the permissions and consents of all authorities necessary to provide the Accommodation Establishment Services advertised on Njuškalo Portal and to have been otherwise authorised to provide said Services in accordance with the Hospitality and Catering Industry Act, other applicable laws and subordinate legislation as they may be amended from time to time;
(ii) to provide Accommodation Establishment Services in full compliance with all applicable regulations, in particular with the Hospitality and Catering Industry Act, Consumer Protection Act, Electronic Commerce Act and Act on Prohibiting and Preventing Unregistered Activities;
(iii) that the Accommodation Establishment Service Description in the System is true, accurate, complete and not misleading;
(iv) to have obtained all Intellectual Property Rights to the Accommodation Establishment Service Description and is authorised to publish it on Njuškalo Portal and to grant Njuškalo the authorisation referred to in Article 3.4 and 8.5 of these General Terms and Conditions;
(v) to have taken all actions prescribed and to comply with the GDPR and PCI DSS;
(vi) that the conclusion and performance of the Agreement does not constitute a breach of any regulation or agreement applicable to the Accommodation Provider.
12.2 Njuškalo hereby represents and guarantees, for the entire term of the Agreement:
(i) to have obtained all the permissions and consents of all authorities necessary to provide the Njuškalo Service in accordance with the applicable laws and subordinate legislation as they may be amended from time to time;
(ii) to provide its services in accordance with applicable regulations;
(iii) to have all Intellectual Property Rights to Njuškalo Portal;
(vi) that the conclusion and performance of the Agreement does not constitute a breach of any regulation or agreement applicable to Njuškalo.
13. Communication
13.1 The Parties hereby agree that all communication pertaining to the Agreement, including statements and notices related to breaches and termination of the Agreement, shall be delivered via the Accommodation Provider’s registered e-mail address and Njuškalo’s e-mail address turizam@njuskalo.hr. If the Accommodation Unit is located in the Republic of Slovenia, customer support relating to the Agreement can also be provided via the e-mail address podpora@bolha.com .
13.2 A message (including statements and notices related to breaches and termination of the Agreement) shall be deemed delivered when the System has recorded that the message has been sent, without an automated electronic return notice that the message has not been delivered.
14. Disclaimer
14.1 Njuškalo is not responsible for the unavailability of Njuškalo Portal for any technical reason or presence of some other common technical error (bugs, consequences of cyberattacks, poor data synchronisation, etc.) at any moment during the term of the Agreement.
14.2 Njuškalo’s liability for any loss incurred by the Accommodation Provider is hereby excluded, unless intentional or resulting from gross negligence.
14.3 Where not excluded, Njuškalo’s liability for loss shall be limited in every year of the Agreement to either the total annual Njuškalo Service fee that Njuškalo collected from the Accommodation Provider in the preceding year of the Agreement or to EUR 100.00 (HRK 753.45) for losses incurred in the first year of the Agreement.
15. Agreement Term and Termination
15.1 The Agreement is concluded for an indefinite term.
15.2 The Agreement (including Special Terms and Conditions and General Terms and Conditions) ceases to apply either upon cancellation or termination thereof.
15.3 Either Party may cancel the Agreement without any explanation and notice period by informing the other Party in writing, primarily by e-mail.
15.4 If a contractual obligation has been breached, the other Party may terminate the Agreement unilaterally without any notice period, in accordance with the law.
15.5 Either Party may initiate mutual termination of the Agreement.
15.6 The Parties agree that Njuškalo may deactivate a User, close the user account and/or remove every Accommodation Establishment advertised by the Accommodation Provider from Njuškalo Portal on the date on which an Agreement ceases to apply, unless the Accommodation Provider has done that itself. The Accommodation Provider undertakes to provide all Accommodation Establishment Services for which a Booking has been confirmed up to that moment.
15.7 The Parties agree that by deactivating or closing the Accommodation Provider’s user account on Njuškalo, any Agreements concluded between Njuškalo and the Accommodation Provider shall be cancelled automatically. In that case, the Accommodation Provider undertakes to provide all Accommodation Establishment Services for which a Booking has been confirmed up to that moment. If a user account has been suspended, the Agreement shall remain in effect.
15.8 Except as specified in this Article, the Agreement may also be terminated as specified in Article 16.3 of these General Terms and Conditions and in other ways as provided for by the applicable law.
15.9 If any provision of the General Terms and Conditions is invalid, this does not affect the validity of other provisions. In that case, the Parties will conclude an agreement which will reflect the original intent of the invalid provision as closely as possible.
16. Amendments to General Terms and Conditions
16.1 Njuškalo may unilaterally change these General Terms and Conditions or replace them with new ones (hereinafter: “Amendments”) and is obligated to notify the Accommodation Provider thereof by e-mail before the amended General Terms and Conditions have entered into effect.
16.2 If the Accommodation Provider does not agree with the Amendments, it must notify Njuškalo without delay and within 15 days at most. Otherwise, it shall be deemed that the Accommodation Provider agrees with the Amendments and they shall apply to the Agreement as of that date.
16.3 If the Accommodation Provider notifies Njuškalo, in accordance with Article 16.2 of the General Terms and Conditions, that it does not agree with the Amendments, that notice shall also be regarded as a notice of Agreement termination, in which case Article 15.3 of the General Terms and Conditions shall apply.
17. Governing Law and Jurisdiction
17.1 This Agreement shall be governed by the Croatian law. In the event of a dispute, the competent court shall be the court of subject-matter jurisdiction in Novi Zagreb.
18. Content published by users
To make sure that the content published by users on Njuškalo portal complies with legislation and moral principles and does not violate the rights of other persons, each user of Njuškalo portal services shall accept the following rules of conduct and adhere to them when using our services.
We will notify you of any changes to these provisions of General Terms and Conditions regarding the content published by Njuškalo portal users.
18.1.General Provisions
When publishing content, be considerate and mindful of the type of content you are publishing. Each user is independently responsible for the content they publish on Njuškalo portal. The user’s published content must comply with the legislation and respect the rights of third parties.
18.2. Restrictions on content publication
Every user’s freedom to publish content will be restricted to the extent that the content violates the rights of others or fails to comply with legal regulations. Njuškalo portal prohibits the spread of illegal content, content that violates the rights of others, and content that contradicts moral principles. Each user may face legal consequences for violating legal regulations by publishing inappropriate content. The content published on Njuškalo portal may not, under any circumstances, violate the following criteria:
1. Fraud: It is prohibited to publish content deliberately deceiving or exploiting other users or third parties, or deliberately misrepresenting the facts in order to encourage other natural persons or legal entities to act or refrain from acting in such a manner that causes loss to property of those persons or entities or other persons or entities, with the aim of acquiring their property. Statements promoting or coordinating such activities are also prohibited.
2. Data and privacy protection: It is prohibited to publish content consisting of, requesting or providing personal or confidential information of other users or third parties, such as medical records, address or financial information.
3. Violence: It is prohibited to publish content inciting, supporting or calling for violence. Statements containing death threats or threats to injure other persons are also prohibited. Furthermore, it is prohibited to publish content offering or demanding the committing of violence, as well as content promoting such conduct or glorifying violence, including humorous content if expressed in a violent context.
4. Defamation, discrimination and/or hate speech: It is prohibited to publish content inciting hate or belittling, offending, slandering or causing damage to certain persons or groups. It is prohibited to publish content directed against a certain ethnic group, religion, sexual orientation, gender, gender identity, disability or severe illness or other persons.
5. Illegal and/or unsafe products: It is prohibited to publish content through which illegal and/or unsafe products are being sold, purchased, offered, advertised, donated, gifted or otherwise traded. Such products include, but are not limited to: drugs, prescription medication, endangered animals and plants etc.
6. Abuse, stalking and/or intimidation: It is prohibited to publish content directed at ridiculing a person. It is also prohibited to publish content which is considered as continuous unwanted contact or serves to intimidate others, such as threatening messages.
7. Negative impacts on civil discourse or elections: It is prohibited to publish content which may potentially have a negative impact on civil discourse or elections or election results. The prohibition includes content which is likely to deceive or have an inappropriate impact on the elections or other civil processes, such as false reporting (fake news) which is being spread in a manipulative manner.
8. Violation of personal rights: It is prohibited to publish content violating personal rights of third persons (such as honour or right of personality). Discrediting or defaming of persons is also prohibited. It is prohibited to publish content unlawfully infringing on the honour and privacy of other persons. This prohibition especially includes sharing photographs or content using the features of third parties without their consent.
9. Pornography and sexualised content: It is prohibited to publish sexual content, including, but not limited to photographs or other images of naked persons or sexual acts. Offering sexual services is also prohibited.
10. Public safety risk: It is prohibited to publish content that may be considered a serious threat to public safety. This prohibition includes, but is not limited to any content consisting of statements of intention, threat or call for committing an act of violence against certain persons, groups or property or for making weapons or explosives.
11. Protection of minors: It is prohibited to publish content endangering the safety of minors, particularly the content that may cause physical, mental or moral damage to minors.
12. Self-harm: It is prohibited to publish content intentionally or unintentionally promoting, glorifying or encouraging suicide or self-harm. Debates and discussion on this topic are allowed only if they are objective and considerate.
13. Terrorist content: It is prohibited to publish content directly or indirectly encouraging an act of terrorism, glorifying or advocating terrorist activities, calling for participation in terrorist organisations or their financing or advocating or containing threats to commit acts of terrorism. Moreover, it is prohibited to publish content including instructions on creating and using explosives, firearms or other weapons, as well as harmful and dangerous substances and chemical, biological, radioactive and nuclear substances (CBRN substances) or instructions on other methods or procedures with the aim of encouraging or contributing to acts of terrorism. Terrorist acts are those committed with the intent of seriously intimidating the population, illegally forcing public authorities or international organisations to act or refrain from acting or seriously destabilising or destroying fundamental political, constitutional, economic or social structure of a country or international organisation.
14. Animal welfare: It is prohibited to publish content contrary to animal welfare, e.g. content trivialising animal cruelty or directed at encouraging others to cause harm and suffering to animals.
15. Intellectual property infringement: It is necessary to respect third party copyright and other intellectual property rights. Sharing content which includes copyright or other intellectual property rights is allowed only with the consent of the holder of copyright or other intellectual property rights for that content. It is prohibited to publish content infringing on third party copyright or intellectual property rights.
18.3. Obligation to report to the competent authorities and judicial bodies
In accordance with the relevant legal provisions, users may be legally responsible for the content they publish on Njuškalo portal. Njuškalo reserves the right to deliver the user’s published content or his information to national agencies, competent authorities and judicial bodies pursuant to obligations referred to in Article 18 of the Regulation (EU) 2022/2065 (Digital Services Act) and Article 14, paragraph 5 of the Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online, for the purposes of conducting an investigation of the content published by the user. The user may be obligated to deliver certain information at the request of national agencies, competent authorities and judicial bodies. We are obligated to notify competent authorities and judicial bodies without delay and deliver all relevant information as soon as we learn about the information giving rise to a suspicion that a criminal act was committed or is likely to be committed or that a criminal act is currently being committed, which includes life threats or threats to safety of a person or persons.
18.4. MODERATING USERS’ CONTENT
To make sure that the content published by users complies with the legislation and the rules of conduct indicated in these General Terms and Conditions, we are conducting moderation of the content published by users which we identify as contrary to these General Terms and Conditions or legislation.
18.4.1. Procedures contributing to content restriction
We have enabled Njuškalo portal users to report to us the content which they consider illegal or contrary to these General Terms and Conditions. The report may be submitted through our reporting mechanism, available to every user. We will consider the received report about such content without delay and in accordance with the provisions of the Regulation (EU) 2022/2065 (Digital Services Act). You can submit a complaint against the decisions we make through our internal complaint handling system.
Additionally, if upon our review of the published content we become aware of any illegal content or content contrary to our General Terms and Conditions, we will moderate it in accordance with these General Terms and Conditions.
18.4.2. Applied restriction measures
We apply the following restriction measures by which we prevent the publication of illegal content or content contrary to these General Terms and Conditions:
18.4.2.1. Content removal
If we learn that certain content is illegal or contrary to these General Terms and Conditions, we will remove such content from Njuškalo Portal. The disputed content will not be publicly available after we apply this restriction measure.
18.4.2.2. Temporary user account suspension
If a certain user repeatedly publishes illegal content or content contrary to these General Terms and Conditions and if we have applied the measure under item 18.4.2.1 multiple times or if the user committed a serious infringement of these General Terms and Conditions, we will temporarily suspend their user account.
This measure will be applied if the measure under item 18.4.2.1 was applied more than twice and the user account will be suspended for 14 days.
The user whose suspension period has expired will regain access to their user account. However, if after that the measure under item 18.4.2.1 is reapplied against them or if they commit a serious infringement of these General Terms and Conditions, their user account will be suspended for 30 days.
18.5. Anti-abuse measures and protection
We will suspend the provision of services to all users who frequently publish illegal content. We will also suspend processing of reports and complaints submitted through the reporting system and the internal complaint handling system by persons who frequently submit unfounded reports or complaints.
Prior to the application of the above suspension, we will send a notice to all users who are observed frequently publishing illegal content, or all persons who are observed frequently submitting unfounded reports or complaints, in which we will state the reason for sending the notice and the potential consequences if such conduct continues.
If the user continues to publish illegal content or a person continues to submit unfounded reports or complaints even after receiving the notice, we will suspend service provision or report and complaint processing.
When determining if a certain user or person who submitted a report and/or complaint committed abuse which would result in the suspension of service provision or suspension of report and complaint processing, we will consider the following criteria:
a) Total amount of illegal content or unfounded reports or complaints within a period of 3 months;
b) Proportion of the content referred to in item a) in the total amount of published content or submitted reports or complaints within a period of 3 months;
c) Severity of abuse;
d) Intention of such conduct, if possible to determine.
If it is determined that a certain user or person who submitted a report and/or complaint had more than 10% of illegal content or unfounded reports or complaints in the total amount of published content or submitted reports or complaints within a period of 3 months and if the conduct was evidently intentional, we will suspend the provision of services to that user or the processing of reports and complaints to the person who submitted a report and/or complaint, for one month.
If a user or person who submitted a report and/or complaint repeats the abuse after the suspension period has expired, they will receive another notice. If they continue to engage in such conduct after receiving the notice, the same suspension will be imposed, but for a longer period of three months.
18.6. Explanation of applied restriction measures and decisions on reports
We will notify you if there are any restriction measures applied regarding the content you published on Njuškalo Portal or regarding your user account. We will explain why we are taking the steps listed above, as well as what you can do if you disagree with our procedures.
If you submitted a report through our reporting mechanism, we will also notify you of our decision regarding the content for which you submitted the report.
18.7. Internal complaint handling system
Possibility of a complaint and deadline for submission
A complaint against our decision may be submitted by the user who was subject to one of our restriction measures or by the person who submitted a report. You may submit a complaint through our internal complaint handling system available on Njuškalo Portal within 6 months of receipt of the decision on the report or decision on the applied restriction measure.
Handling the complaint
We will process all complaints we receive without delay, responsibly and objectively. The complaints will be reviewed by our qualified employees. We will notify you of our decision and explain the reason for making the decision and the possibility of follow-up actions if you do not agree with it.
18.8. Out-of-court dispute resolution
All users and persons who submitted a report who received a decision based on complaints submitted through our internal complaint handling system are entitled to choose any authority for out-of-court dispute resolution, certified pursuant to Article 21, paragraph 3 of the Regulation (EU) 2022/2065 (Digital Services Act) in order to resolve the dispute for such decisions.
You can find more information on the available authorities for out-of-court dispute resolution on Njuškalo Portal by clicking here.
18.9. Strategy for addressing the dissemination of terrorist content online
It is prohibited to publish terrorist content on Njuškalo Portal. Publishing such content is considered a serious infringement of these General Terms and Conditions. Rules of conduct stated in these General Terms and Conditions serve to prevent or remove any terrorist content on Njuškalo Portal. Based on the above, our strategy for addressing the dissemination of terrorist content online must be clearly stated.
Our moderators will take into account which content is considered terrorist content and be especially careful when reviewing the content in order to determine if it is of terrorist nature. If any terrorist content is identified, our moderators will notify competent authorities without delay on the presence of such content, it will be immediately removed from Njuškalo Portal to make it publicly unavailable and archived for the purposes of the investigation of competent authorities. Our moderators will act on the order of the competent authorities without delay regarding removal of content which they marked as terrorist content. Furthermore, the moderators will completely and transparently cooperate with the competent authorities in order to remove such content or determine who is responsible for its publication.
19. Entering into effect and period of validity of the General Terms and Conditions
The Terms and Conditions entered into effect on 27 April 2023.
The first amendments to the Terms and Conditions were published on 22 February 2024, effective as of 25 March 2024.
At the user’s request, Njuškalo will provide them with the previously applicable version of the General Terms and Conditions.