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 the landlords.
Mediator: 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. (hereinafter “The Agency”). 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 and prepare for the conclusion of the legal affairs and the fulfilment 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 subject to 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 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.
– The mediation contract is a written document regulating relations between the Principal and the Mediator. Signing the contract Principal confirms that he/she is familiar with Mediator’s General Term and Condition.
User – defines a user of the Website seeking Accommodation;
First-month rent – amount of the 1st rental payment due to be paid by the user/client to grabahome.
Request to book – means a request has been sent and that the landlord will be notified
Request accepted – means that the landlord has accepted the request and expects from the user to pay in order to reserve the room
Booking confirmed – means that the agency has received the payment and that the user has a confirmation that he can move in for the agreed dates.
Deposit – defines the amount that the user has to pay to the landlord to cover any damages which may occure during the tenenat’s occupation at the property or any other breach of the contract which was signes between the landlord and the tenant. The despoit is a matter between the tenant and the landlord, in which case grabahome is not involved with, and shall not be liable for managing the desposit.
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 a verbal order of the customer.
The agency is not liable for possible errors on the description nor for the prior sale or withdrawal by the owner of 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 agency undertakes attempts to find and bring to closure third party with the Client for conclusion of certain legal transaction on the transfer or establishment of a specific right on real estate. The customer is obligated to pay the agreed fee (commission) if the Agency successfully brings two parties together in order to conclude business.
In the event of termination of the Mediation contract, 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.
Mediator may reject conclusion of the brokerage contract with the Customer on the basis of a free assessment.
EXCLUSIVE MEDIATION CONTRACT
Under exclusive mediation contract, the customer may not undertake to engage any other mediator. That obligation must be expressed on the contract and agreed by the customer.
If, during the term of the exlusive mediation contract, the customer engages with other mediatiors, he (the customer) 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 has to specifically want 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.
OBLIGATIONS OF THE MEDIATOR
The obligations of the mediator (agency):
Try to find and introduce the client’s properties to the third party for conclusion of the intermeditated 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 inteligence
Perform inspection of the property
OBLIGATIONS OF THE CLIENT
Inform the Mediator with all neccesary 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.
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.
Alert agents to all registered and unregistered burdens on the property
To provide the Mediator and interested third party for execution of mediation affairs, the real estate property tour
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 the Mediator all costs incurred during the mediation, which exceed the usual costs of mediation
7. to notify the Mediator, in writting, of any changes related to the work for which the Mediator is authorized
The mediation fee is a fee for the provided services realted 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 may be up to 6% of the purchase price of the property, or in the case of the conclusion of the lease or rental amount agree monthly rental payments. The Agency is entitled to a commision when the Clients concludes business with a third party, which the Mediator brought into 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.
Price list of 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 mediated deal (eg. concluded contract or replacement, lease, rental etc.) .
For any other relations which are not regulated by these General Terms and Conditions or the Mediation contract. The Agency shall appy 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.