Terms of Use

1. About the portal and definitions

HeyCroatia is operated by Play Digital d.o.o., OIB 53367690460, Zagrebačka 6A, 52000 Pazin (contact: info@apartmanica.com). In these terms, "we" and "us" mean that company. The portal shows private accommodation from hosts who use the Apartmanica system and lets guests send an inquiry or a booking and exchange messages with the host.

The host is whoever rents out the accommodation directly and publishes the listing on HeyCroatia.

A guest is anyone who searches for accommodation on the portal or sends an inquiry, a booking request or a message. A user is anyone who uses the portal in any way, including guests and hosts. Apartmanica is our accommodation management system from which hosts publish their listings.

2. Role of the portal and the accommodation contract

HeyCroatia is an intermediary between guests and hosts. The accommodation contract is concluded directly between the guest and the host; HeyCroatia is not a party to that contract and does not provide the accommodation.

The portal is a catalogue of listings and a technical tool for communication. We do not sell accommodation in our own name, do not organize travel, do not take payments for accommodation and do not represent either the guest or the host.

The host is responsible for the accommodation, the accuracy and completeness of the listing, prices and rental terms, house rules, guest registration, tourist tax, payment and invoicing. All rights and obligations under the accommodation contract, including payment, deposit, cancellation, refunds, the condition and equipment of the accommodation and compensation for damage, exist solely between the guest and the host, who settle any disputes arising from that relationship directly with each other.

Hosts are independent providers of accommodation. They are not our employees, representatives or partners, and we are not liable for their statements, acts or omissions.

3. Listings, prices, availability and translations

Descriptions, photos, price lists, discounts, the availability calendar and rental terms are entered in Apartmanica by the host advertising the accommodation; HeyCroatia imports them automatically and shows them as the host entered them.

The host advertising the accommodation is solely responsible for the accuracy and completeness of the listing and all its data, including photos, prices and rental terms. We do not guarantee that descriptions, photos, categorization, equipment, distances, prices, discounts or availability are accurate, complete or up to date. Data is transferred automatically and may be delayed, so the calendar may show dates as available even though they have since been booked.

The price on the portal is calculated from the host's price list for the selected dates and number of guests. The price confirmed by the host is binding. Additional costs, such as tourist tax, are charged according to the host's terms shown before you submit. An obvious error in a price or in availability binds neither us nor the host.

Listings are machine translated into the portal languages. Translations are for information only and may contain errors; the host's original text prevails. Data calculated by the portal, such as distances and average prices in a place, is shown as an approximate guide.

Answers from the AI assistant, when available, are generated automatically from listing data, may be inaccurate and are not binding.

4. Inquiries, bookings and price offers

An inquiry is a free, non-binding question to the host: it commits neither you nor the host and does not reserve the accommodation. A booking arises from an inquiry only if you accept the host's offer.

A booking request is sent to the host for confirmation. The booking is concluded only once the host confirms it; you are notified by email and in your inbox. We do not guarantee that the host will reply, reply within a particular time or that the dates will be available.

In the inbox you can propose a price to the host, and the host can send you a counter-offer. An offer is not binding until the other side accepts it. An accepted offer applies to the dates and number of guests it was made for, the host is not obliged to accept an offer, and an accepted price becomes part of the booking only once the booking is confirmed.

Notifications the portal sends by email, SMS or to the inbox are a technical service. We are not liable for delayed or undelivered messages due to a wrong address or number, spam filters or problems at the service provider.

5. Payment, cancellation and fees

Sending an inquiry or a booking request is free and you do not need a payment card for it. HeyCroatia charges guests nothing and does not take payments. Payment, deposit and cancellation are arranged with the host under the host's terms, which are shown before you send the booking.

Using the portal is free for guests. HeyCroatia adds no commission to the host's price.

We are not liable for payments to the host or for refunds, cancellations, double bookings, no-shows, changes of dates, the condition of the accommodation or damage arising during the stay.

Before you pay, check who the recipient is and that the details match your booking confirmation. Do not send payment card details in messages. Report a suspicious message, payment request or listing to us at info@apartmanica.com.

6. Rules for using the portal

You may use the portal only to search for accommodation for personal purposes and for genuine inquiries and bookings, and hosts also to advertise their own accommodation. In particular, the following are prohibited:

• sending fake, test or mass inquiries, bookings and messages, spam and advertising;
• automated collection of data from the portal (scraping, crawling, bots, scripts) and automated access, except by search engines to the extent permitted by the robots.txt file;
• copying, downloading, republishing or using listings, photos, prices, calendars, host data or the listings database as a whole or in a substantial part, in particular for another portal, a competing service, market analysis or contacting hosts;
• using host or guest data for anything other than arranging a specific stay, in particular for marketing or offering services to hosts;
• circumventing, testing or interfering with the portal's protections and limits, overloading the servers, accessing parts of the portal not intended for you, and reverse engineering;
• impersonation, using someone else's email address or phone number, and abusive, threatening, discriminatory or unlawful content;
• misusing the inbox and the AI assistant, including attempts to make the assistant bypass rules or disclose data.

Enter accurate information. To verify your identity we send a one-time code by email or SMS, or use Google sign-in. Do not send payment card details or other sensitive data in messages.

7. Rights in the portal and the listings database

The portal, its design, software, the HeyCroatia name and logo and the listings database as a whole are protected by copyright, the database maker's right and other intellectual property rights, and belong to us or to those who have licensed them to us.

Listing content belongs to the host or to whoever granted the host the right to use it. We grant users only a limited, non-exclusive and revocable right to view the portal for personal purposes. Any other use requires our prior written permission.

If these rights or the rules for using the portal are infringed, we will demand that the infringer stop and pay full compensation, including the costs of establishing the infringement, lawyers' fees and legal costs.

8. Measures against abuse

If we suspect abuse or a breach of these terms, we may, without prior notice, restrict or block access to the portal from certain addresses or devices, refuse or stop an inquiry, booking, message or offer, remove content, disable use of the inbox and inform the host and the competent authorities.

We use technical measures to limit the number of requests and to protect against bots. Any attempt to circumvent them is in itself a breach of these terms.

If we restrict content you published or your access, we inform you of the reasons as required by the Digital Services Act, unless the law or a competent authority prohibits this or the content is high-volume commercial spam. You can send an objection to such a decision to info@apartmanica.com.

9. For hosts: publishing a listing

The sections headed For hosts apply to every host whose listing is on the portal and supplement the Apartmanica terms of use. For publishing and showing listings on HeyCroatia, these terms prevail in case of any difference.

Listings come to the portal from Apartmanica. A host with the HeyCroatia package publishes the listing after paying for the package and after the listing has been reviewed. A host with a published website in Apartmanica is shown on the portal automatically, unless they have switched off the display in the Apartmanica settings. The display can be switched off at any time, and the listing then disappears from the portal, as a rule within one hour.

By ordering the package, switching on the display or leaving it switched on after being notified of these terms, the host accepts them, including the sections headed For hosts. A person registering a company or a sole trader declares that they are authorized to do so on its behalf.

10. For hosts: warranties and obligations

The host warrants to us and is liable to us that:

• they are entitled to rent out the accommodation they advertise, with a valid categorization decision or any other approval required by law, and that they own the accommodation or hold the owner's written authorization;
• they meet all obligations under the regulations on hospitality, taxes, tourist tax, guest registration (eVisitor), consumer protection, data protection and the safety of the accommodation;
• all data in the listing is true, complete and up to date, including categorization, capacity, equipment, distances, prices, rental terms and the availability calendar;
• they will honor the published prices and terms and confirmed bookings, and use guests' personal data only for the specific stay and in accordance with the law.

The host is responsible for everything they publish and for their relationship with guests. For the guest data they receive, the host is an independent controller.

The host may not publish fake listings or listings for accommodation they do not rent out, use the portal to advertise other services, open several accounts for the same accommodation or avoid paying for the package, for example by publishing more units than paid for.

11. For hosts: photos, texts and third-party rights

The host may publish only photos, videos, texts, logos and other content that they created themselves or for which they hold the written permission or license of the rights holder. The permission must cover publication on HeyCroatia and the adaptations, translations and uses described in these terms.

It is expressly prohibited to publish photos and texts taken from the internet, from other accommodation portals and platforms (for example Booking.com and Airbnb), from classified ads, other people's websites and social networks, and photos by a professional photographer where the license does not allow this kind of publication. Having paid a photographer does not by itself mean that the photos may be published on every portal.

The host warrants that the content does not infringe copyright or related rights, trademarks, personality rights, privacy or any other rights of third parties, and that any identifiable persons in the photos have consented to their publication.

The host bears sole responsibility for the content they publish. If a third party makes a claim against us because of that content, for example for compensation for a photo published without permission, the host must indemnify us as described in the section on indemnification.

12. For hosts: right to use content

By publishing a listing, the host grants us a non-exclusive, free-of-charge and worldwide right, for as long as the listing is published, to reproduce, display and make available to the public the listing content, to adapt it technically (for example to resize, crop and compress photos), to machine translate it, to combine it with other data on the portal and to use it to promote the portal and the listing on the portal, in search engines, on social networks, in advertisements and in newsletters.

We may pass this right on to service providers who help us operate the portal, for that purpose only. After a listing is removed, we remove its content from the portal within a reasonable time. Copies in backups, caches and promotional materials already published may remain until they are replaced or deleted in the normal course.

The host remains the holder of their rights. We do not sell listing content to third parties.

13. For hosts: review, removal and termination

We have no obligation to check listing content in advance or to actively look for infringements (Art. 8 of the Digital Services Act). The review of a listing before publication under the HeyCroatia package is a formal check for completeness and does not mean that we have verified the accuracy of the data or the rights to the photos and texts.

We may hide or remove a listing, an individual photo or a text immediately and without prior notice if there is a reasonable suspicion that the content infringes third-party rights or the law, if we receive a notice or an order from a competent authority, if the data is false or outdated, if the host breaches these terms or if guests repeatedly complain about the host. We inform the host of the reasons no later than when the restriction takes effect, and the host may reply and provide evidence at info@apartmanica.com.

We may terminate the relationship with a host permanently by giving at least 30 days' notice. We may terminate it without notice when required by law or a competent authority, and in the event of a serious or repeated breach of these terms, in particular publishing other people's photos, false data or fraud.

If a listing is restricted or removed for reasons attributable to the host, the host is not entitled to a refund of fees paid or to compensation.

14. For hosts: ranking and results

We do not guarantee any number of views, inquiries or bookings, or any particular position of a listing in search results, on the home page or in search engines.

Main ranking parameters: results first match what the guest is searching for (place or region, dates and availability, number of guests, price and selected filters). In the default order, listings with prices entered for the upcoming season and listings with photos come first; where these are equal, the order depends on when the listing came to the portal. Guests can choose a different order themselves, for example by price or newest first.

A better position in the results cannot currently be paid for. If we introduce this or change the main ranking parameters, we will publish it in these terms.

15. For hosts: fees and price changes

The fee for the HeyCroatia package is the one in the price list valid at the time of ordering, payable in advance; billing and invoices follow the Apartmanica terms. Hosts with other Apartmanica packages are shown on the portal as part of their package for as long as they pay for it and the display is switched on. Discounts and promotional prices apply only for the period and under the conditions stated in the offer.

We may change the package price and these terms. We notify hosts of changes by email at least 15 days in advance, and a host who does not agree with a change may switch off the listing and cancel the package before the change takes effect. A new price applies from the next billing period.

16. For hosts: limitation of liability

To the fullest extent permitted by law, our total liability to a host on any legal basis is limited to the fees the host paid us for HeyCroatia in the 12 months before the event that caused the damage, and to EUR 100 for a host who pays no separate fee for the portal.

To the same extent, we are not liable for lost profits, lost inquiries and bookings, damage to reputation or indirect damage, nor for damage caused by the portal being unavailable, errors and delays in the transfer of data from Apartmanica, machine translation, the actions of guests or the decisions of search engines and other platforms.

These limitations do not apply to damage caused intentionally or through gross negligence, or to damage resulting from death or personal injury.

17. For hosts: indemnification

The host must indemnify and hold harmless us, our employees and contractors against all claims by third parties and authorities, including copyright holders, guests and inspectorates, and against any damage, fine, compensation, settlement and costs of lawyers, experts and proceedings arising from content the host published, their accommodation or service, their relationship with guests or a breach of these terms or of the law.

We inform the host of any such claim, and the host must provide us without delay with evidence of their rights and cooperate in the defense. If the host does not prove within 8 days of being notified that the claim is unfounded, we may conduct the defense ourselves or settle for a reasonable amount, at the host's expense.

The host must reimburse us for any amounts we pay because of such a claim within 15 days of being asked to do so, and we may set them off against any amounts we owe the host.

18. Reporting illegal content and infringements

If you believe a listing, photo, text or message is illegal or infringes your rights, for example the copyright in a photo, report it to info@apartmanica.com. That address is also the single point of contact for users and public authorities under the Digital Services Act (Art. 11 and 12). You can communicate with us in Croatian and English.

A notice should contain:

• the exact link (URL) to the listing or content and, for a photo, a description of which photo is concerned;
• an explanation of why the content is illegal or infringes your rights;
• your name and email address, except for notices of offences under Articles 3 to 7 of Directive 2011/93/EU;
• a statement that you believe in good faith that the information and allegations in the notice are accurate and complete;
• for copyright infringement: proof that you are the rights holder or their authorized representative, for example the original photo file, a contract or a license.

We process notices in a timely, diligent and objective manner, as a rule within 7 days. While we establish the facts, we may temporarily hide the content. We inform the person who submitted the notice and the host of our decision, with reasons and the available means of redress. The host may provide evidence of their rights, and we restore content only if the evidence is convincing.

We forward the notice to the host, who is responsible for the content. We disclose host details to the rights holder only when required by law or ordered by a court or other competent authority. We may stop processing notices that are manifestly unfounded or submitted abusively.

19. Availability of the portal and liability

We provide the portal as is and as available. We do not guarantee that it will work without interruptions or errors, or that its content will be free of errors. The portal may occasionally be unavailable due to maintenance or technical problems, and we may change, temporarily switch off or discontinue it, in whole or in part.

To the extent permitted by law, HeyCroatia is not liable for the accuracy and completeness of listings and data entered by hosts, the performance of the accommodation contract, the condition of the accommodation, or the actions of hosts or guests. To the same extent, we are not liable for lost profits, indirect damage, loss of data, damage caused by the portal being unavailable, by malware or attacks by third parties, for the content of websites the portal links to, or for damage caused by the use of data from the portal.

This does not limit liability for intent or gross negligence, for damage resulting from death or personal injury, nor your statutory rights as a consumer.

A user who breaches these terms is liable to us for all damage caused as a result, including the costs of establishing the breach and lawyers' fees.

20. Complaints, governing law and jurisdiction

Complaints about your stay should first be sent to the host, through the inbox. Complaints about the portal can be sent to info@apartmanica.com; we reply as a rule within 15 days.

These terms and all relationships connected with the portal are governed by Croatian law, excluding its conflict of laws rules. The competent court in Pazin, Croatia, has jurisdiction over disputes.

If you are a consumer, you keep the protection granted by the mandatory laws of the country where you live, and proceedings against you may be brought only in the courts of the country where you are domiciled. You can also try to resolve a consumer dispute out of court before an alternative dispute resolution body, for example the Mediation Centre of the Croatian Chamber of Economy. We have not committed to taking part in such proceedings.

These terms were originally drawn up in Croatian. In case of any discrepancy between language versions, the Croatian version prevails.

21. Changes to the terms and final provisions

We may change these terms. The current version is always on this page, with the date of the last update. Inquiries and bookings already sent are governed by the terms that applied when they were sent, and hosts are notified of changes as described in the section on fees.

If any provision proves to be void or unenforceable, this does not affect the other provisions, and it is replaced by the valid provision closest to its purpose. If we do not exercise a right immediately, this does not mean we have waived it.

We may transfer our rights and obligations under these terms to an affiliated company or a legal successor. Users may not transfer their rights without our consent.