Subject of the Terms

These Terms govern the relationship between Play Digital d.o.o., Zagrebačka 6A, Pazin, Croatia, OIB 53367690460 (hereinafter: Provider), on the one hand, and the purchaser of website creation services, i.e., the user of the Provider’s services (hereinafter: User), on the other hand.

The subject of these Terms is the following service:

• creation of a website for private accommodation providers on the Apartmanica platform, and
• use of the Apartmanica platform

These Terms are intended to ensure that, before concluding a distance contract, the User is informed in a clear and understandable manner about a number of circumstances relevant to the conclusion, performance, and termination of the contract, all in accordance with legal regulations.

General Terms

The service is available at www.apartmanica.com. The service, in all its forms, is an original work of the Provider. Data, documents, and all other information published at the service’s internet address may not be reproduced, distributed, or used in any way for commercial purposes without the Provider’s explicit written consent.

Any legal entity or adult natural person who accepts the terms during payment for the service under an offer or invoice, during registration, or while using the service, whether in the initial acceptance of the Terms or acceptance of any amendments to the Terms, may be a User of the Service. The Provider has the right to reject a service request if it deems this justified.

The purchase terms form part of the distance contract, together with the specifications and price(s) of the purchased services. Before confirming the order for purchase of the service, the User will be asked to declare that they are familiar with them, while after order confirmation (contract conclusion), these terms will be delivered to the User in an email confirming that the contract has been concluded.

The Seller reserves the right to amend the terms at any time, provided that such amendments enter into force upon publication on the service website.

Although the Provider continuously tests and improves the service, it cannot guarantee that no operational errors will occur during use of the service, nor that such errors will not result in potential malfunctions. In such a case, the Provider will take all steps to remedy the malfunction within a reasonable time.

The Provider shall not be liable for any damage or any other type of direct or indirect loss (e.g., loss of profit, loss of a specific client or market, loss of financial or any other data, reputational damage, loss of business opportunity) incurred by the User due to inability to use the Application and/or the Website resulting from inappropriate conduct by the User, unavailability of the Application and/or Website caused by technical issues or force majeure, operational errors of the Application and/or Website, or inadequacy of the Application and/or Website for the User’s business needs.

The User of the application is provided with rental of the Application in its final form, on an “as is” basis, and any warranty regarding any defects of the Application is excluded. Although the Provider continuously tests and maintains the Application, it cannot guarantee that operational errors will not occur while using the Application, nor that such errors will not result in potential malfunctions. In any case, the Provider will take all steps to remedy the malfunction as soon as possible.

The Provider is not liable to the application User for damage resulting from loss or destruction of data, unauthorized access, unauthorized modification, unauthorized disclosure, or any other misuse, especially where such circumstances are caused by force majeure, equipment failure, improper handling, the impact of other licensed or unlicensed software, viruses, and other harmful influences.

The User is responsible for publishing copyrighted content on their website, with special emphasis on the publication of photographs. The User must ensure the right to publish photographs. In the event of a dispute with a copyright holder, the User who published copyrighted works for which they do not hold rights is responsible.

Main Features of the Service

Apartmanica Platform

Apartmanica is a SaaS application (software as a service). Apartmanica’s business model is based on an annual subscription service that includes application upgrades, customer support, hosting, and everything else needed for the application and website to function properly.

Apartmanica uses a multifunctional design template to create each accommodation provider’s website, enabling:

• clear and pleasant presentation of every type of property, whether a house with one or more apartments or a luxury holiday home
• detailed overview of the property and accommodation units through carefully selected pictograms (icons) representing the most important features of each accommodation unit
• responsive design, allowing the website to display correctly on all device types, from computers and tablets to smartphones
• simple display of price lists and availability calendar
• a simple and intuitive reservation inquiry form with automatic overnight-stay price calculation option
• interface for advanced accommodation overview and search (in the agency package)

Website Creation Service on the Apartmanica Platform

Includes:

• entry of all data, descriptions, features, and photos of accommodation capacities for all languages for which the User provides translation (supported languages: Croatian, English, Italian, German, Slovenian, Norwegian, Swedish)
• creation of a homepage highlighting key property features with selection of the best photos
• creation of an accommodation capacities page with price list and occupancy
• creation of a contact information page
• selection and registration of a domain and connecting the domain to the website
• basic technical SEO optimization (search engine optimization)

Apartmanica Platform Usage Service

Includes:

• rental of server hosting where all data related to the User’s website is stored
• application usage support service via email
• monitoring correct website operation and updating security vulnerabilities
• a user account on the Apartmanica platform used to edit data, add or change descriptions and photos of accommodation capacities, add and edit accompanying destination pages, contact page, location page, availability calendar, and price list

Service Price

Prices displayed on the service website are expressed in euros.

The service price depends on the service package. Prices for individual service packages are published on https://www.apartmanica.com/cj... and are subject to change.

Payment is made via online banking or general payment slip; payment and/or interbank transaction costs are not included in the price.

Ordering Procedure

After the User reviews the service features and price on the service website, they can request a non-binding offer on the same page by submitting personal data and data on the number of accommodation units.

The User will receive an offer by email with the service price calculated based on the number of accommodation units.

The contract is considered concluded if the User replies that they accept the offer, or if they make payment under the offer, and after the Service Provider confirms receipt of the acceptance message or payment under the offer.

Payment must be made no later than the deadline stated in the offer.

Service Delivery Deadline

After the contract is concluded, the Provider will notify the User to submit data on their accommodation capacities, accommodation features, equipment, description texts in supported languages, photos, price lists, and occupancy data.

The Provider CANNOT BEGIN performing the website creation service on the Apartmanica platform before receiving the above data.

Once the Provider receives the above data and confirms to the User that it is complete, the service delivery period begins.

The maximum deadline for creating a website on the Apartmanica platform is 30 days, while the average completion time is 7 days.

The start of service provision is considered to be the submission of accommodation capacity data.

The website is considered delivered at the moment the Service Provider notifies the User by email that the website has been delivered.

The User has 7 days from the date of receiving the email regarding website delivery to inform the Provider of any observed errors on the delivered website. After the 7-day period expires, all website changes are made independently by the User via the administrative interface in their web browser. For any subsequent changes that the User does not wish to make independently, the User may engage the Provider according to the official price list available at www.apartmanica.com.

Contract Duration

The contract, in the part relating to the website creation service on the Apartmanica platform, is considered fulfilled when the Provider delivers a functional accommodation property website and the User pays for the service in full.

The contract, in the part relating to the use of the Apartmanica platform, is concluded for a period of one year.

For contract renewal, the Provider will send the User an offer 14 days before the expiry of the current contract.

Use and Protection of User Data

The Privacy Statement available on the Service website describes details of handling users’ private data.

The Service User is the owner of the database within their User account of the Service (hereinafter: Data). The User is obliged to ensure the completeness, truthfulness, and accuracy of the data they enter. Data represents confidential User information, and the Provider is obliged to safeguard it and ensure appropriate protection measures against accidental loss or destruction, unauthorized access, unauthorized modification, unauthorized disclosure, and any other misuse.

The Provider is not liable to the Service User for damage if there is loss or destruction of data, unauthorized access, unauthorized modification, unauthorized disclosure, or any other misuse, especially where such circumstances are caused by force majeure, equipment failure, improper handling, the impact of other licensed or unlicensed software, viruses, and other harmful influences.

By accepting the Terms, the User gives consent for the Provider to collect, process, and store their personal and identification data in accordance with the Personal Data Protection Act, and to use them in accordance with the Terms and the law. Upon request of state authorities, the Provider is authorized to provide user data regardless of other provisions of these Terms.

The User is informed and gives consent that the Provider may transfer collected data outside the Republic of Croatia, to countries where data centers hosting the Service are located, where an adequate level of data protection is ensured.

The Provider may use aggregated data without restriction, including User data combined with data of other Users, in such a way that the User’s identity is not disclosed in aggregated data. Data storage is included in the Service during its term. After termination of the Service, the Provider may retain user data for up to two additional years, except data that must be retained longer under special regulations.

Upon registration, the User receives a username and password for authorized access to the Service and is obliged to protect them from unauthorized use. The User is responsible for all activities performed under their username.

The Provider shall bear no liability on any grounds and for no damage that may occur to the User and/or third parties due to conduct contrary to these provisions and/or improper handling of the User’s identification credentials and/or misuse and/or unauthorized use of any User identification credentials.

Interoperability of Digital Content

Digital content, i.e., a website created on the Apartmanica platform, is a copyrighted work owned by the Provider and is granted for use to the User as part of the Service exclusively by using the page-editing application available at the Service internet address. The source code of the website created as part of the Service cannot be transferred to another server nor transferred for maintenance to another legal or natural person.

Final Provisions

For all claims and disputes that may arise from the use of the Service, the court with subject-matter jurisdiction according to the Provider’s registered seat shall have jurisdiction.

The Provider reserves the right to change content on the Service Website and to modify or supplement Service functionalities without prior notice at any time and for any reason, and is not liable for any possible consequences arising from such changes.

The Provider may, without the User’s knowledge and consent, entrust part of Service delivery to third parties, while retaining rights and obligations toward the User.

Amended terms of use apply to all existing Service Users as well as all existing users of the Service Website.

These Terms apply from 1 February 2023.