General Terms and Conditions
Grabahome provides an online marketplace (grabahome.com) for booking accommodation in Croatia. It provides booking services for both users: those who seek accommodation and landlords.
Agency – Relaxed Home, obrt za poslovanje nekretninama i ostale usluge – is a licensed and authorized Real Estate agency that meets all the requirements for mediation in the real estate business.Grabahome.com is a website managed by the Relaxed Home Real Estate Agency.
Mediation in real estate – is an action in real estate where the agency undertakes the job of connecting the landlord and a third party. Sometimes this action requires to prepare for the conclusion of the legal affairs and the fulfillment of the mediation which is the subject of the Mediation contract.
The client – is a private or legal person who signs a contract with the agency in order to provide mediating service (buyer, seller, landlord, tenant, lessor, etc.)
Third-party – is a person who Mediator tries to connect with the client to conclude business which is the subject of a certain real estate.
Real Estates– are land plots of the earth’s surface along with everything permanently connected with the land on the surface or below it, in accordance with the provisions of the general law on ownership and other proprietary rights.
Real Estate Agent is an employed person, licensed agent registered in Real Estate Agent Directory under CCCZ.
„User“ means a user of the Website seeking Accommodation and a potential tenant.
„Offer“ is an offer that consists of the One-time service fee and First month’s rent, used to reserve the accommodation
„Renting period“ is a period for which the User is paying the rent to the Landlord “First month’s rent” is the amount of the 1st rental payment which has to be paid to Agency by the User
“Accommodation/Listing” is a real estate that is being advertised on the Website for the purpose of renting it. “Landlord” is the owner of Accommodation.
“Booking Request Accepted” refers to the email sent by Agency to the User as soon as a Booking Request has been accepted by the relevant Landlord
“Booking Request” means a request to book Accommodation submitted by a User
“Booking Confirmation” Is a Booking Request that has been accepted by the Landlord and paid by the User.
“Booking” is a confirmed booking in which the User has the right to use the agreed Accommodation for the agreed rental period.
“Verified Accommodation” is Accommodation which has been visited by the Agency and has fulfilled all the necessary verification steps set by the Agency.
“Featured Accommodation” is Accommodation which is recommended by Grabahome due to a certain factors such as availability, price/quality, trustworthy landlord and similar.
“Move-In Date” means the date when the User moves into the Accommodation as specified in the relevant Booking Confirmation.
“Move-out Date” refers to the date in which the User indicates, at the time of making the reservation, he/she will vacate the Accommodation.
“Lease Agreement” is a written agreement between the Landlord and the User in respect of the tenancy of the Accommodation. Grabahome emphasizes that the use of a lease contract between provider and tenant is highly recommended. Based on the importance, Grabahome offers to provider and tenant a pre-drafted lease contract. Grabahome only offers the pre-drafted lease contract by means of helping users. The applicability of the lease contract remains its own choice of tenant and provider. Grabahome can therefore never be held responsible for any shortcomings in the pre-drafted lease contract, or any damages following from the use of the pre-drafted lease contract.
“One-time Service Fee” means the amount the User pays to Agency in respect of its fees when a Booking is accepted in consideration of the services provided by Agency to such User. It is calculated as a fixed fee depending on the duration of the rental period.
„User“ means a user of the Website seeking Accommodation and a potential tenant
“Tenant” is a User who paid for the Booking through Grabahome’s platform and is expected to Move-in the requested Accommodation or is already living there.
„Website“ is a website maintained by the Agency under the domain grabahome.com and all its subdomains, and any associated social networking profiles managed by grabahome.com
„Deposit“ is the amount paid by the User during the booking process with the intention of reserving the Accommodation and to cover any damage that occurs during his/her occupation of the Accommodation or in case of any breach of the Lease Agreement by the User.
- The agency’s offer is based on data received in writing or orally by the owner of the property offered for rent or sale, or on information received by a written or verbal order of the customer.
- The agency is not liable for possible errors in the description nor for the prior sale or withdrawal by the owner of the property. For inaccurate information, the agency is liable only in case of his deliberate or extremely reckless behavior.
- Offer and information delivered by the agency and the recipient (customer) must be kept confidential and cannot, without the agent’s writing approval, disclose them to any third party who by accepting the offer or notice also accepts these General Terms and Conditions.
- The Website contains information, images, videos, and prices of each Accommodation and displays its location on the map. The Agency attempts to ensure that all information published on the Website is clear, complete, accurate and not misleading. Agency tries to publish only Accommodation that meets certain standards of building safety, cleanliness, decor, and finish on the website. However, the Agency does not guarantee that all standards will be met as the Agency is only the mediator and not the Landlord.
- The Agency reserves the right to remove without notice all or any part of any Accommodation listed on the Website for the reasons for receiving complaints of inaccurate information or breaches the rights of a third party.
- The Tenant is advised to read carefully any documentation and ensure that they understand the cost of the Accommodation and the terms and duration of the Lease Agreement and any restrictions which may apply to the specific Accommodation, which will be displayed on the Website.
- User is able to submit a Booking Request for Accommodation through the Website. The User needs to select the dates of the chosen Accommodation and click on the „Request to Book button“.
- After Landlord approves the Request to Book, the User has to pay the Invoice consisting of the First month’s rent and the One-time service fee in the next 48 hours to confirm the reservation.
- After the User pays the Invoice, the booking is officially confirmed and the Agency will introduce the tenant with the Landlord by sending an email with the Landlord’s personal information and the exact Address of the Accommodation.
- The Landlord may choose to accept or reject the Booking Request. If the Booking Request is rejected, the Agency will promptly notify the User and will make reasonable efforts to suggest other suitable accommodation.
- Upon receiving the full amount of the payment offer from the User the Agency will transfer the money to the Landlord 24 hours after the Move-In Date.
- The Tenant has the opportunity, in the first 24 hours after moving-in, to check the Accommodation and make a complaint in case of major differences of the Accommodation advertising in displayed pictures, videos, listing information and the actual conditions of the Accommodations in order for the cancellation to be deemed to be for a valid reason. If the request is graded positive, the Tenant will receive a full refund (First month’s rent and the Service Fee)
- The Tenant must supply the Agency with photographic evidence and a written statement proving the claimed significant discrepancy.
- The Tenant has the right to cancel the Booking up to 2 months before the agreed Move-In Date and receive a refund for First month’s rent. The Onetime service fee will not be refunded. The User has to send an Email to the Agency or Request directly on the Website under My booking options in order to receive the refund.
- If the tenant wants to report the issue but fails to do so within the first 24 hours after the move-in date, Agency will attempt to assist the User, but once 24 hours have passed, the Agency will transfer First month’s rent to the landlord.
OBLIGATIONS OF THE MEDIATOR
- The obligations of the mediator (agency):
- Try to find and introduce the client’s properties to the third party for the conclusion of the intermediated business
- Familiarize the client with the market price of similar properties on the market
- Inspect the proprietary rights over the subject’s property
- Inform the client with the obvious disadvantages and potential risks related to the unclear status of the property in the land registry
- Provide an overview of real estate (web-site)
- Keep personal information of the client and keep all the necessary information provided as a business intelligence
- Perform inspection of the property
- Except for the First month’s rent which is collected by the Agency, it is the sole responsibility of the Landlord to collect rent payments from the Tenant. The Agency shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
DAMAGES IN ACCOMMODATION
- The User is responsible for maintaining the Accommodation and returning it in the same condition as it was when he/she arrived at the Accommodation. The User and the Landlord acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. The Agency will not be held liable, for any event, where damage has been caused to the Accommodation, where such liability shall be resolved between the Landlord and User.
MEDIATION FEE FOR CLIENTS
- The mediation fee is a fee for the provided services related to the conclusion of the Mediating affairs. As such, the mediation fee is entitled to the Mediator and is regulated by the Mediation contract. The fee is determined by the Mediation contract and maybe up to 6% of the purchase price of the property, or in the case of the conclusion of the lease or rental amount agree on monthly rental payments. The Agency is entitled to a commission when the Clients concludes business with a third party, which the Mediator brought into the contract and which has a similar purpose as a mediated deal.
- For services relating to the conclusion of Mediating affairs, a mediation fee belongs to Mediator and is regulated by the contract between the Mediator and Principal.
- The Mediator is, for his/her work, required to charge a mediation fee defined by Mediation contract, the Law on Real Estate Mediation, and the Croatian Chamber of Commerce tariff.
- The price list of the mediation fee is an integral part of these General Terms and Conditions.
- The Mediator charges a mediation fee in the agreed percentage or absolute amount defined by the Mediation contract and price list at the conclusion of the mediating legal affair (pre-contract, contract) or at the time specified in the Mediation contract between the Mediator and the Principal.
- The Mediator is entitled to commission when the Principal concludes with a third party legal affair, with which Mediator brought into contact, and which has a similar purpose as a mediated deal (eg. concluded contract or replacement, lease, rental, etc.).
OBLIGATIONS OF THE CLIENT
- Inform the Mediator with all necessary information that is important for the conduct of mediation, to provide the correct and true information about the property and give an insight into the property, building and usage permit as well as an energy certificate if any.
2. Hand out to the Mediator present documents confirming the ownership of the property and other true rights on the property that is the subject of the contract.
3. Alert agents to all registered and unregistered burdens on the property
4. To inform the Mediator of all relevant information on the requested property, including the description and the price of the property
5. After the conclusion of the mediated legal affair, to pay the Mediator the agreed fee
6. To compensate for the Mediator all costs incurred during the mediation, which exceed the usual costs of mediation
7. To notify the Mediator, in writing, of any changes related to the work for which the Mediator is authorized
8. To provide the Mediator and interested third party for execution of mediation affairs, the real estate property tour
SPECIAL POLICIES REGARDING COVID-19
With the uncertainty of a new Covid-19 wave, Grabahome introduced a minimum cancellation policy for all landlords. The policy states:
- If a User’s home country/university is demanding/requesting the user not to go to work/study in Zagreb for the full duration intended, the User has the right to ask for a cancellation of the lease and receive a First month’s rent back.*
- If a User already moved-in, and his government/university is demanding/requesting to go back/cancel studies/work for the rest of the duration intended, the User has the right to receive half of the deposit back and cancel the lease.*
Please note that the actual policy regarding Covid-19 might differ for some listings, but they have to be presented to the User by the Agency before the User makes the payment to reserve the booking. If not stated otherwise, the aforementioned policy will take place.
*The User has to, after receiving the demand, send immediately to the Agency a valid proof of a public/personal statement from the home country/university where the aforementioned demand is stated.
EXCLUSIVE MEDIATION CONTRACT
- Under the exclusive mediation contract, the client may not undertake to engage any other mediator. That obligation must be expressed on the contract and agreed upon by the customer.
- If during the term of the exclusive mediation contract, the customer engages with other mediators, he (the client) is obliged to reimburse the mediator of the actual cost incurred during the mediation, which cannot be higher than fees for the brokerage work.
- At the conclusion of the contract, the agency and the agent have to specifically warn the customer of the legal consequences of this cause.
- If during the term of the Agreement or exclusively of mediation made by the Principal Mediator legal work through another agent, and which is the sole agent was given the order for mediation, the mediator shall pay the actual costs incurred during the mediation.
- The agency acts as an intermediary for the conclusion of agreements between users.
- In the event of termination of the Mediation contract with the client, without justifiable reasons by Principal, the same is obliged to reimburse the actual costs incurred during the mediation, in accordance with the price list which is an integral part of the general terms and conditions.
- The Mediation contract Principal unilaterally may cancel in writing at least 15 (fifteen) days prior to the expiry of the agreed period if he/she does not want to continue mediation. If the Mediation contract does not terminate as stated above, it is extended to the same contractual deadline. The data indicated in the Mediation contract must be complete, truthful and accurate, and the Mediator, only with the consent of the seller/lessor, may exert real estate advertising in the media.
For any other relations which are not regulated by these General Terms and Conditions or the Mediation contract. The Agency shall apply the provision according to the Law on Real Estate Mediation and the Law on Obligations. In the event of a dispute arising from the Mediation Contract between the contracting parties which could not be solved by mutual agreement, Municipal Court in Zagreb will be in charge, unless the contracting parties agree otherwise.
Last updated: August 14, 2020