Terms & Conditions

Privacy Policy

My Waycation d.o.o. (Online Travel Agency, Josipa Racica 41, 10290 Zapresic, Croatia, Agency License Number: HR-AB-01-081059344) understands and respects the importance of your privacy and we are committed to safeguarding your personal information. In providing our service to you, we must collect personal information from you and this policy outlines how we treat your personal data after it has been collected by any of our channels which include our website, call centre and any future digital services or channels as they evolve.

What information will we collect?
We may collect all or some of the following information relating to you or other members of your party:
- Names and contact/address details including telephone number and email address;
- Credit/ debit card or other payment details (including card number, cardholder name, expiry date);
- Special requirements such as those relating to any disability or medical condition which may affect the chosen arrangements;
- Dietary restrictions (which may disclose your religious beliefs).

You are responsible for ensuring that other members of your party are aware of the content of this Policy and consent to your acting on their behalf in all your dealings with us.

Some of the information we collect may be considered “sensitive personal data”. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. We will seek this consent when necessary.

How will we collect this information?
We will only collect personal information from you by specifically asking for it:
- When you purchase a product or service from or through us
- When you subscribe to our newsletter
- When you register an account with us
- When you speak to any of our team
- When you complete a survey or enter a competition
- When we use cookies (see our Cookies Policy below).

What will we do with it?
(1) We will use your name, address and credit card details to complete your booking with us.
(2) We will also use your details to manage your arrangements, send you notifications and communicate with you generally.
(3) For the purpose of completing your booking, we may have to disclose some of your information to the providers of the services making up your arrangements. We may also have to disclose some information to third parties in relation to customer services, credit card processing, or other services.
(4) Credit/debit card payments are processed via our merchant provider on their secure platform and include the card type, date and time, amount, card expiry date, billing post code, your address and other related information. This information is required and necessary for the performance of our contract with you. We do not have sight of the complete card number or CVV code at any time, but this will be held securely by our merchant provider who are audited and certified.
(5) We may need to disclose your information where required by law, where such a request is made by a legal authority.
(6) We may need to disclose our customer list including any personal information relating to you to a third party who acquires or attempts to acquire all or substantially all of the asset/ stock in our company or our website.
(7) We may also disclose information to organisations who act as “data processors” on our behalf, or to other organisations that perform business functions on our behalf. These functions include administration, providing services (and contacting you where necessary), customer care, business management and operation, re-organisation/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection.
(8) We may from time to time contact you with information about special offers, brochures, new products, forthcoming events or competitions. If you do not wish to receive such information, you may ask us in writing not to receive it.

We would also like to store and use your personal details for future marketing purposes (for example, emailing you our newsletter). All details you give us in connection with your booking will be kept but we will use only names and contact details for marketing purposes unless you have indicated that you do not wish us to do so.

We have taken all reasonable steps to have appropriate security measures in place to protect your information. Outside the European Economic Area, controls on data protection may not be as wide as the legal requirements in this country. The transmission of information via the internet is never completely secure. We exclude our liability for personal data lost in transmission to the website.

What can I do?
If you do not agree to our use of the information as set out above, you should inform us as soon as possible by writing to us at My Waycation d.o.o., Josipa Racica 41, 10290 Zapresic, Croatia, or by email at info@mywaycation.com.
We aim to respond to you within 21 days from the date of request.
You can also choose not to provide us with some of the information we request, however as a result we may not be able to complete your arrangements.

Opt-Out Policy
Subscribers can opt out of receiving further information from us at any time. You will also be given a fast and easy option of opting out on all communications. Email us at info@mywaycation.com to unsubscribe.

Cookies
Please note that in order for us to provide you with optimum service, we use ‘Cookies’ on our website.

What are cookies?
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. Cookies will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number. Two types of cookies are used on this web site - session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Cookies allow us to obtain information regarding users of our site which essentially helps us to provide you with a better user experience and tailor our services to your individual needs. We may collect information such as your IP address, online activity, web browser details and online activity. We will not however collect or store any of your passwords or other highly sensitive data.
By using our website with your browser settings adjusted to accept all cookies, we will take this to mean that you want to use our products and services, and that you consent to our use of cookies and other technologies as described in this Policy.
Browser settings: Most browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. You may elect to reject cookies by adjusting your browser's settings, but doing so will limit the range of features available to the visitor on our site and most other major websites that use cookies.

We use the following types of cookies on our website:
Category 1: Strictly necessary cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.

Category 2: Performance cookies
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.

By using our website, you agree that we can place these types of cookies on your device.

Further information
To find out more information about cookies, please visit www.allaboutcookies.org.

Protecting your information
We take website security very seriously and we are committed to safeguarding your personal information. We take a number of administrative and technical steps such as two-factor authentication and password protected systems to ensure the security of the information you provide to us.

External Links
Please note that our website contains certain literature and hyperlinks to websites owned by third parties. This privacy statement covers websites owned and controlled by us only. Links to other websites and any information collected by these sites are not covered by this privacy statement.

Monitoring
To ensure that we carry out your instructions accurately, to help improve our service and in the interest of security, we may monitor and/or record: (1) your telephone calls; and (2) customer transactions and activities on our website. All recordings are and shall remain our sole property.

Updates and Changes
As our privacy statement may change due to developments in the law we encourage you to re read this from time to time so you are aware of any changes in how we gather and use your personal information. Any changes to this Policy will be either posted on our website, brochure and/or made available on request.

My Waycation d.o.o. Booking Terms and Conditions

1.Our contract with you
1.1. The booking terms and conditions form the basis of your contract with My Waycation d.o.o, Josipa Racica 41, 10290 Zapresic, Croatia, Agency license HR-AB-01-081059344. Please ensure that you read the Terms carefully as they set out our respective rights and obligations. These Terms, as amended from time to time, apply to all bookings including those made by telephone, e-mail, online, in writing or by any other means. These Terms will become binding on you, and the guests will be deemed to have accepted these terms on behalf of any other persons detailed on the booking, on the earliest of: (a) you paying us a deposit; (b) you making full payment of the cost of your villa; or(c) we send to you, via e-mail a booking confirmation that confirms the details of your booking.

2. Booking your villa
2.1. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that: (a) the details they are providing are complete and accurate; (b) he/she has read these Terms and has the authority to, and does agree to be, bound by them; (c) he/she consents to us using any information provided in accordance with our Privacy Policy from the 25.05.2018; (d) he/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.

2.2. If a guest submit a booking to us, this does not mean we have accepted your booking. Our acceptance of the booking will take place as described in clause 1.1. (when a binding contract is entered into). If we are unable to fulfill the booking, we will inform you of this and we will not process the booking further.

3. Prices
3.1. Prices quoted on our website and in our brochure are those in effect at the time of viewing only. Prices are updated from time to time and are only guaranteed once the deposit has been paid (although we reserve the right to change prices at any time in the case of error). All prices quoted include all taxes.

4. Accuracy
4.1. My Waycation d.o.o. promise to ensure that all the information on our website and in our brochures is accurate; however, occasionally errors occur and we reserve the right to correct details in such circumstances. Our guests must check the price and all other details relating to the holiday house and any other arrangements that you wish to book before your booking is submitted.

4.2. My Waycation d.o.o. and the holiday house owner reserve the right to change the interior room configurations, the furnishings, the fixtures and fittings of the holiday house and all other equipment in, or appearance without giving prior notice to you.

5. If you wish to make changes to the booking
5.1. If you wish to change the booking in any way once a binding contract is in place between us (see clause 1.1.) we will at our sole discretion decide whether to allow such a change to the booking. Making changes to a booking will not always be possible. Any request for changes to a booking, must be made in writing by the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of any applicable rate changes and any other costs or charges incurred or imposed by third parties that we work with. The amount of the fee will be notified to you before you choose to proceed with any change. You should be aware that these costs could increase the closer to the arrival date that changes are made and you should therefore contact us as soon as possible. Where a change in the booking is not possible and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and the cancellation.

6. If My Waycation d.o.o. make changes to your booking (including cancellation)
6.1. It is unlikely that we will have to make any changes to your confirmed booking arrangements or cancel them. However, occasionally we may have to make changes after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before your arrival date. You will not be entitled to any refund in the event that we have to make a minor alteration to your booking.
6.2. If a significant change (see below) or cancellation has to be made to your booking arrangements by us we will notify you as soon as possible. You may then either: (a) accept the changed arrangements; or (b) accept an offer of an alternative holiday house of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If you reject our offer of an alternative holiday house of comparable standard then you will not be entitled to an alternative holiday house of a standard that is far superior. If in these circumstances you request a holiday house of a far superior standard, you will be required to pay any difference between the cost of the original holiday house booked and the alternative holiday house which is of a far superior standard; or (c) cancel your booking completely, in which case we will refund you all monies paid by you.
6.3. “Significant changes” include change of the holiday house or holiday house location for the whole or a significant part of your time away. Please note that not all holiday house changes will constitute a “significant change”.

7. Paying for your holiday house
7.1. At the time of your booking you will be required to pay a non-refundable deposit in cleared funds of between 20-30% (you will be informed of the amount) of the full amount payable (excluding any security deposit or accidental damage insurance fee) in order to secure the holiday house and selected dates.
7.2. The final payment of the holiday house, where required, the security deposit and/ or accidental damage insurance fee must be received in cleared funds by us no less than 60 days before your arrival date. If we do not receive full payment in cleared funds in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out.
7.3. If your arrival date is 60 days or less away on booking then the full amount including any security deposit and/or the holiday house damage insurance fee must be paid on booking.
7.4. If you pay for your holiday by credit card, debit card or PayPal we reserve the right to charge an additional non-refundable fee charge to cover our processing costs.
7.5. In the event that a reservation is made within 14 days of arrival and payment is made via debit/ credit card, the following supporting documents must be provided in order to secure the reservation: Copy of front & back of payment card, Copy of cardholders identification (drivers license/ passport).

8. Damage and security deposit
8.1. You and your party are responsible for all damage and loss to the holiday house and its contents during your stay. If you or any member of your party cause any damage to the holiday house or any item in it or on its premises, you and/or your party may be required to pay for the loss and/or damage caused to the fullest extent and in this event we will hold you and each member of your party jointly and individually responsible.
8.2. A security deposit may be required from you to cover: (a) damage or loss to the holiday house contents; and/or (b) excessive cleaning costs; and/or (c) excessive electricity use (e.g. air conditioning on full with external doors left open).
8.3. A full and detailed check of the holiday house will take place by the owner of any representative of the owner before your departure. You will be advised of any faults or damages found. Anything damaged, spoilt or broken will be charged to you at the replacement cost. Any items having to be purchased will be replaced ‘like for like’ to the same quality and standard.

9. Travel Insurance
9.1. Please note that it is your responsibility to arrange appropriate comprehensive travel insurance to cover risks including, but not limited to, medical treatment, accidents, repatriations and holiday cancellation/curtailment.

10. Holiday house rental period
10.1. The holiday house rental period begins at 4 p.m. on the day of arrival and terminates at 10.00 a.m. on the day of departure (unless otherwise stated or permission has been granted for an early check in or late checkout).

11. Your duty of care
11.1. No other persons are permitted to stay at the holiday house other than those named on the booking form and under no circumstances may more than the maximum number of persons specified in the holiday house description occupy the property (except by prior written agreement with us). We, reserve the right of entry to the holiday house at any time. You and all members of your party agree not to use the property for any illegal or commercial purpose, including subletting.
11.2. On day of the departure you should leave the holiday house in a reasonably clean and tidy condition so that it can be efficiently prepared for the next guests.
11.3. If excess rubbish must be cleared or excessive cleaning of the holiday house is necessary following your stay, any charges will either be: (a) deducted from your security deposit; or (b) invoiced to your postal address; and you agree to pay such charges.
11.4. You must let the holiday house owner or their representative know immediately if you identify any damage to the holiday house or its contents, or if something gets broken, stained, marked or damaged in the holiday house during your stay, so that remedial action can be undertaken as soon as possible.

12. Passport and VISA requirements
12.1. All travelers must possess valid passports and any visas required.

13. Building work
13.1. In all of our destinations and resorts, we cannot accept any liability for disruption to your holiday caused by building work, including but not limited to disruption caused by noise or dust. You accept that you will not be entitled to any refund or compensation as a result of any such disruption. Many of our other villas are also situated in residential areas where refurbishment work may be happening on a neighboring property over which we have no control. In the majority of cases, we are not given prior notice of such work to neighboring properties. If after you have made a booking we become aware of such building works and it may reasonably be considered that such works will seriously impair the enjoyment of your holiday, we will offer you the opportunity to transfer to alternative accommodation. Where the alternative accommodation would constitute a significant change to your booking, we will offer you the option of cancelling without penalty. You accept that minor refurbishment and maintenance work carried out at a neighboring property will not affect your holiday and we will be under no obligation to offer you alternative accommodation in such circumstances.

14. Animals
14.1. All holiday houses have a strict no pets policy (unless otherwise stated, Pets are on request.)

15. Smoking
15.1. All holiday houses have a strict no smoking policy (unless otherwise stated).

16. Weddings and corporate events
16.1. Parties, weddings and corporate events are strictly prohibited in all of our holiday houses, unless prior permission has been granted. Violation of this rule will result in us being entitled to: (a) evict you from the holiday house with immediate effect (and in this event you will not be entitled to a refund); and/or (b) invoice you for the additional charge that would have been payable by you had you sought our prior permission to hold the event and such permission had been granted. Such invoices shall be payable by you to us within 14 days of receipt.

17. Pool terms and conditions
17.1. Pool, spa and hot tub heat is not included as standard. At the time of booking you will be given the option of paying an additional fee for such heat on a daily rate basis. We cannot accept any liability for failure of pool heat to provide adequate heating. Use of the pool is entirely at your own risk. It is particularly important that children are supervised at all times in and around the pool areas.

18. Changes to the Terms
18.1. We may revise these Terms from time to time including in circumstances where there are changes in any relevant laws or regulatory requirements. If we have to revise these Terms under clause 21.1, we will give you at least one month's written notice of any changes to these Terms before they take effect.

19. Our liability to you
19.1. We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from: (a) the act(s) and/or omission(s) of the person(s) affected; (b) the act(s) and/or omission(s) of a third party; (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or (d) an event which we could not, even with all due care, have foreseen.
19.2. For the avoidance of doubt, we do not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or (b) fraud or fraudulent misrepresentation.
19.3. Subject to clause 19.2, the maximum amount we will be liable to pay you in respect of any claim under these Terms is the cost of the holiday house booking. This maximum amount will only be payable where your party has not received any benefit at all from the booking. You are reminded to exercise care as to your personal safety and the safety of your party. Use of the pool and any community pool, aqua area, tennis court and recreation area is entirely at your own risk. Lakes and wetland areas can be very dangerous. Children should be accompanied by an adult at any time.
19.4. Valuables should be left in a secure place out of sight.
19.5. For the avoidance of doubt, we cannot accept any liability for failure of public supplies such as water, electricity or gas supplies. We also cannot accept liability for the consequences of actions or omissions relating to the supply or control of mains services that are beyond our control, or any actions taken in the vicinity of the holiday house by any authority over which we have no control.

20. Your rights to cancel
20.1. Once a binding contract has been entered into (see clause 1.3), to cancel the entire booking or any component, the person making the booking must notify us in writing. If you cancel you will lose your deposit and any other sums you have paid us (including if you have paid for the full cost of the holiday house). You are strongly advised to take out adequate insurance (as soon as your booking is confirmed) to cover the risk of suffering loss if you need to cancel the booking

21. How we may use your personal information
21.1. Please read our privacy policy from 25.05.2018

22. Complaints and your protection
22.1. If you have cause for complaint whilst staying in the holiday house, this must be brought to us immediately so that action can be taken at the time to rectify the problem. Should the holiday house owner be unable to resolve the matter, details of the complaint must be notified to us before the end of your stay.

23. Other important terms
23.1. We may transfer our rights and obligations under these Terms to another organizations and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

24. Governing law
24.1. These Terms and any agreement to which they apply are governed in all respects by the Croatian law. You agree that any dispute, claims or other matters that arises between us out of or, in connection with your contract or booking will be dealt with by the Croatian Court only.

25. Information about us and how to contact us
25.1. My Waycation d.o.o. is a online travel company registered in Croatia. Our company license number is: HR-AB-01-081059344 and our registered office is in Josipa Racica 41, 10290 Zapresic, Croatia. If you have any questions please contact us. You can contact us by telephoning our customer service team at +49 175 700 4224 or +385 98 331 421 or by e-mailing us at info@mywaycation.com