TERMS AND CONDITIONS OF USE AND BOOKING

1. Scope and Acceptance of the Terms

1.1. These Terms and Conditions govern access to and use of the StayPicker platform, accommodation searches, enquiries, bookings, payments, cancellations, and booking-related support.

1.2. By using the platform, the user confirms that they have read and accepted these Terms. Upon completing a booking, the guest enters into an accommodation agreement directly with the host specified in the listing and booking confirmation and accepts the specific rules of the selected accommodation.

1.3. If a user makes a booking on behalf of other persons, they warrant that they are authorised to provide their personal data and accept the relevant terms on their behalf, and must inform them of the booking confirmation and Privacy Policy.

1.4. To make a booking, the user must have the legal capacity to enter into a binding agreement. A minor may stay as a guest only with the consent and under the responsibility of a parent or legal guardian, in accordance with the host's rules.

2. Definitions

3. Role of StayPicker

3.1. StayPicker acts as an intermediary connecting guests with hosts, displaying accommodation listings, technically processing bookings and, where specified during the booking process, receiving or processing payments on behalf and for the account of the host.

3.2. The accommodation agreement is concluded directly between the guest and the host. The host is responsible for the legality of the accommodation, the accuracy of the listing and the fulfilment of the booking. StayPicker is not the owner, landlord or operator of the accommodation unless expressly stated otherwise in the relevant listing.

3.3. StayPicker manages communications relating to the technical aspects of the booking, payment processing and refunds. The host is responsible for communications regarding arrival, key collection, house rules, special requests and the guest's stay.

3.4. The identity of the host, their status as a trader or non-trader, and the contact details necessary for the performance of the contract shall be displayed before the booking is completed or, at the latest, in the booking confirmation, in accordance with applicable law.

4. Search, Ranking and Sponsored Results

4.1. Search results may be ranked according to relevance to the search query, destination, travel dates, availability, price, listing quality and completeness, calendar reliability, guest reviews, host cancellation rate, response time and other factors relevant to the user experience.

4.2. Users may modify the sorting order and apply filters where such options are available. The default ranking does not constitute a legal, safety or quality certification of any accommodation.

4.3. Paid or sponsored placements, where used, shall be clearly identified as advertisements, sponsored results or by another equally unambiguous designation.

5. Accommodation Information and Host Status

5.1. Accommodation descriptions, facilities, photographs, house rules, availability and prices are primarily provided and maintained by the host through the MyRent system. StayPicker takes reasonable verification measures but cannot guarantee that all information is accurate and error-free at all times.

5.2. The host shall provide StayPicker with their tax identification number, VAT identification number (where applicable), and any other identification details required to be displayed or retained in accordance with applicable law.

5.3. If the host is not acting as a trader, users shall be clearly informed before completing the booking that consumer rights applicable exclusively to contracts between traders and consumers may not apply to the accommodation agreement. StayPicker's obligations towards the guest regarding its own services remain unaffected.

6. Booking Procedure and Formation of the Contract

6.1. The guest selects the accommodation, travel dates, number of guests, additional services and payment method and, before confirming the booking, reviews the booking summary, total price, cancellation policy and the identity of the host.

6.2. By clicking the button clearly indicating an obligation to pay, the guest submits a binding booking request. The booking is confirmed once the guest receives a confirmation by email or another durable medium and any payment condition specified in the confirmation has been fulfilled.

6.3. The booking confirmation shall include at least the booking reference number, host details, accommodation, travel dates, number of guests, total price, payment method, cancellation policy and contact details for further communication.

6.4. If, due to an obvious technical error, incorrect availability or an evident pricing mistake, the booking cannot be fulfilled, StayPicker or the host shall promptly notify the guest and offer a correction, an alternative accommodation or a full refund. An obvious error does not include a genuine promotional price.

7. Prices, Fees and Payment

7.1. Before the booking is confirmed, the total booking price, including all mandatory fees and taxes known to StayPicker, shall be displayed. Charges that are legally payable at the accommodation shall be clearly identified.

7.2. StayPicker does not charge guests a separate platform service fee unless such fee is expressly displayed before the booking is completed. The host may pay StayPicker a commission, which does not affect the total price confirmed to the guest.

7.3. Payments are processed via Stripe. The payment service provider's terms and conditions may apply. StayPicker does not store complete payment card details where they are processed directly by the payment service provider.

7.4. Where StayPicker receives payment on behalf and for the account of the host, payment duly made to StayPicker shall discharge the guest's payment obligation to the host to the same extent.

7.5. Where currency conversion is performed by the guest's bank or card issuer, the applicable exchange rate and any fees shall be determined by that institution. StayPicker is not responsible for exchange rate differences or fees imposed by third parties.

8. Invoices and Taxes

8.1. The invoice for accommodation services shall be issued by the host as the service provider or, where expressly agreed and stated in the booking confirmation or invoice, by StayPicker on behalf and for the account of the host.

8.2. The invoice shall clearly identify the actual accommodation provider. StayPicker issues invoices only for its own services and fees, where such fees are charged to the guest or the host.

8.3. The guest is responsible for providing accurate invoicing information. Amendments to invoice details are possible only within the timeframe and scope permitted by applicable law.

9. Cancellation, Amendments and No-Show

9.1. Cancellation terms depend on the selected accommodation and are displayed before the booking is completed. Guests are responsible for reviewing these terms carefully, as they may provide for partially or fully non-refundable rates.

9.2. Requests for cancellation or amendment must be submitted via the link included in the booking confirmation or through the contact details provided therein. Amendments shall become effective only when confirmed in writing.

9.3. Refunds shall be calculated in accordance with the cancellation policy applicable at the time of booking. The time required for the refund to appear in the guest's account depends on the bank and the payment service provider.

9.4. If the guest fails to arrive or departs before the scheduled check-out date, the applicable no-show or early departure policy specified in the accommodation listing shall apply. Unused nights are not automatically refundable.

9.5. If the host cancels the booking or is unable to provide the booked accommodation, the guest shall be entitled to a full refund for the unavailable accommodation. StayPicker and the host will use reasonable efforts to offer suitable alternative accommodation; acceptance of such alternative remains entirely at the guest's discretion.

10. No General 14-Day Right of Withdrawal

IMPORTANT FOR GUESTS
Accommodation contracts for services provided on a specific date or within a specific period are exempt from the general 14-day right of withdrawal. The applicable cancellation rights are determined solely by the selected rate and the cancellation policy displayed before the booking is completed.

11. Guest Obligations

11.1. The guest must provide accurate information, comply with the maximum occupancy limits, house rules, check-in and check-out times, policies regarding pets, smoking, parties and safety, as well as all lawful instructions issued by the host.

11.2. The guest is liable for any damage intentionally or negligently caused by themselves or any person included in their booking, subject to the right to provide evidence and raise objections. Where applicable, any security deposit shall be clearly disclosed before the booking is confirmed.

11.3. The guest must not use the platform for fraudulent bookings, deception, resale, unlawful content, automated data extraction (scraping), interference with the platform or the circumvention of security measures.

12. Host Obligations and Accommodation Complaints

12.1. The host is responsible for ensuring that the accommodation is lawful, safe, clean, functional and consistent with its description, and for providing the guest with timely arrival instructions and contact details.

12.2. The guest should report any deficiencies to the host without undue delay and allow the host a reasonable opportunity to remedy the issue. Questions relating to bookings, payments or refunds should be directed to StayPicker.

12.3. StayPicker may assist with communication and documentation; however, disputes concerning the quality of the accommodation shall primarily be resolved between the guest and the host. This does not affect StayPicker's liability for its own services or any statutory rights of the guest.

13. Written Complaints

13.1. Written complaints regarding StayPicker's services may be submitted by email to [email protected] or by post to J.P. Atelier d.o.o., Ulica Vjekoslava Klaića 14, 10000 Zagreb, Croatia.

13.2. StayPicker shall acknowledge receipt of the complaint without undue delay and provide a written response within no later than 15 days of receipt, clearly stating whether the complaint has been accepted as justified.

13.3. To facilitate prompt handling, the complaint should include the booking reference number, a description of the issue, relevant evidence and the requested resolution. These details are not mandatory where the booking can be identified by other means.

13.4. Complaints relating exclusively to the provision of accommodation shall be forwarded to the host, while StayPicker shall remain responsible for matters relating to its own services.

14. Reviews and User Content

14.1. StayPicker may allow guests to submit reviews following a verified booking or completed stay. Reviews must be relevant, truthful and based on the author's own experience and must not contain unlawful content, personal data of third parties, threats, hate speech or commercial spam.

14.2. By publishing content, the user grants StayPicker a non-exclusive licence to display, technically adapt and translate such content for the operation and promotion of the platform, while respecting copyright and data protection laws.

14.3. StayPicker may moderate or remove content in accordance with applicable law and platform policies. Users may report unlawful content through the platform.

15. Suspension, Content Removal and DSA Procedure

15.1. StayPicker may restrict or suspend an account, booking or content for reasons of security, suspected fraud, legal obligations, breaches of these Terms or the protection of other users.

15.2. Where applicable, the user shall receive a clear explanation of the decision and information regarding any available internal complaint procedure. Urgent measures may be taken without prior notice.

15.3. Reports of unlawful content must contain sufficient information to identify the content, explain why it is unlawful, provide the reporter's contact details (unless anonymous reporting is permitted by law) and include a statement confirming that the report is submitted in good faith.

16. Intellectual Property

16.1. The platform, software, design, databases, the StayPicker and MyRent trademarks and all associated content are protected by the intellectual property rights of J.P. Atelier d.o.o.

16.2. Users are granted a limited, revocable and non-transferable licence to use the platform solely for personal accommodation searches and bookings. Commercial reproduction, scraping, reverse engineering and the unauthorised use of trademarks are strictly prohibited.

17. Liability

17.1. StayPicker exercises reasonable professional care in operating the platform and processing bookings but does not guarantee uninterrupted availability or that the platform will always be free from technical errors.

17.2. The host is responsible for the accommodation, its safety, quality, accuracy of the listing and performance of the accommodation agreement. StayPicker is responsible only for its own errors relating to intermediary services, payment processing, refunds and data protection, to the extent required by applicable law.

17.3. Nothing in these Terms excludes or limits any statutory consumer rights or any liability that cannot legally be excluded, including liability for fraud, wilful misconduct or gross negligence.

17.4. StayPicker shall not be liable for losses resulting from inaccurate information provided by the guest, actions of banks or payment service providers beyond StayPicker's control, force majeure events or the guest's failure to comply with the host's instructions, except where liability arises under applicable law.

18. Force Majeure

18.1. Neither party shall be liable for any failure to perform its obligations where such failure results from extraordinary circumstances beyond its reasonable control. Each party shall take reasonable steps to mitigate the consequences. Any entitlement to a refund shall depend on applicable law, the relevant booking conditions and whether the accommodation service could be provided.

19. Governing Law and Dispute Resolution

19.1. These Terms and StayPicker's services shall be governed by the laws of the Republic of Croatia, without prejudice to any mandatory consumer protection rights available under the laws of the country of the consumer's habitual residence.

19.2. The parties shall first attempt to resolve any dispute through complaints and amicable negotiations. Consumers may also make use of available alternative dispute resolution mechanisms and contact the competent authorities where applicable.

19.3. Any dispute shall be subject to the jurisdiction of the competent court in accordance with the applicable procedural rules, including mandatory consumer protection provisions.

20. Amendments to the Terms and Language Versions

20.1. StayPicker may amend these Terms to reflect changes in legislation, its business model, security requirements or platform functionality. The version applicable to a booking shall be the version accepted at the time the booking is made, unless mandatory law requires otherwise.