General Terms and Conditions

1. Definitions

For the purposes of these General Terms and Conditions, the words and expressions listed below, unless the context of the General Terms and Conditions requires otherwise, shall have the following meanings:

• "EUR" means the euro, the official currency of the Economic and Monetary Union.
• "Handover Day" means the day on which the Services are performed or the day on which the Subject Matter of the Service is taken over, about which the contractual parties shall draw up a Handover Record. If no Handover Record is made, the Work Order shall replace the Handover Record.
• "Contractor" means AQUATORIA SERVIS d.o.o., headquartered in Zadar, Ulica Miroslava i Janka Perice 13, OIB: 58974578479.
• "Fee" means the monetary amount that the Client is obliged to pay to the Contractor on the basis of the Offer or the Business Cooperation Agreement for the Services performed.
• "Client" means any legal and/or natural person who ordered the Services and concluded the Agreement and/or accepted the Offer.
• "Property or Subject Matter of the Service" means real estate constituting, in nature, a mixed residential-commercial building, a commercial facility or a residential facility on which the Contractor performs the agreed services in accordance with the Client's instructions, and/or movable items such as vehicles, boats, camper trailers, mobile kitchens and the like.
• "Products" means professional products for cleaning, degreasing and disinfecting facilities, furniture, floor and wall coverings, fabrics, sanitary equipment and other items located within the facility, for which the Contractor possesses the relevant safety data sheet.
• "Consumables" means the Products and other consumable material required by the Contractor for the proper performance of the Services, including but not limited to paper products, cleaning agents, sponges and disposable gloves.
• "Subcontractors" means third-party natural and/or legal persons engaged by the Contractor to subcontract the Service.
• "Consumer" means any natural person who concludes a legal transaction or acts on the market outside their trade, business, craft or professional activity as defined by the Consumer Protection Act.
• "Confidential Information" means any and all information and/or documents in any format or form that are not publicly available or available to third parties and that relate to the Client's business activities.
• "Business Day" means a day on which commercial banks are open for business, including foreign currency transactions, in Zagreb, Republic of Croatia, excluding Saturdays and Sundays.
• "Working Hour" means each commenced hour spent by the Contractor in performing the Services.
• "Work Order" means a document containing a description of the services performed, the start and end time of the services performed, the number of working hours spent, the Contractor's notes and the signatures of the contractual parties.
• "Regular Costs" means the costs of Consumables and the Contractor's Regular Travel Costs.
• "Regular Travel Costs" means the cost of arrival at the Property, provided that the distance from the Contractor's registered office to the Property is not greater than 50 km.
• "Working Hours" means every day of the week, from 0 to 24 hours.
• "Services" means regular property maintenance services that the Contractor provides to the Client in the scope and manner specified by the Agreement and/or the Offer.
• "Equipment" means the professional tools and equipment required by the Contractor to perform the Services.
• "Persons at Work" means persons employed by the Contractor and/or persons assigned to work and/or persons working for the Contractor through authorised student employment centres.
• "Agreement" means the written Business Cooperation Agreement concluded between the Contractor and the Client, together with its appendices.
• "Force Majeure" means circumstances beyond the reasonable control of the contractual party, including, without limitation, natural disasters, acts of any state or other authority, outbreak of hostilities, state of emergency, riots, civil unrest, fire, explosion, flood, epidemics, lockouts, whether by that contractual party or not, and strikes.
• "Consumer Protection Act" means the Consumer Protection Act, Official Gazette 19/22, including all amendments and supplements thereto.
• "Civil Obligations Act" means the Civil Obligations Act, Official Gazette 35/05, 41/08, 125/11, 78/15, 29/18, 126/21, 114/22 and 156/22, including all amendments and supplements thereto.

2. Introductory provisions

These General Terms and Conditions regulate the rights and obligations of the Client and the Contractor that are not regulated by the Agreement. The General Terms and Conditions form an integral part of the Agreement and are available to the Client at all times on the Provider's website. By concluding a written Agreement, and if no written Agreement has been concluded, by accepting the Offer or paying an advance payment, the Client agrees to the provisions of these General Terms and Conditions. In the event of a conflict between the provisions of the Agreement and these General Terms and Conditions, the provisions of the Agreement shall prevail, provided that the Agreement has been concluded.

3. Contractor's obligations

During the term of the Business Cooperation Agreement, the Contractor undertakes to:

• Act conscientiously, carefully and in an orderly manner, and perform the Services professionally and in accordance with the rules of the profession.
• Inform the Client of possible technical difficulties that may arise during the performance of the Service and offer appropriate advice for overcoming such technical difficulties.
• Inform the Client of visible defects in the material or in the instructions for performing the Service.
• Perform the Services within the agreed deadline.

4. Contractor's warranties

The Contractor warrants and confirms that:

• It possesses the required level of professional education and the necessary experience to perform the entrusted tasks under the Agreement.
• It uses Products for which a safety data sheet has been obtained in the performance of the Services.
• Prior to submitting the offer, during the site inspection of the Property, it thoroughly inspected the Property and, when preparing the offer, took into account all possible defects that it should have noticed, if any exist.
• When taking over the Subject Matter of the Service, it thoroughly inspected the Subject Matter of the Service and, when preparing the offer, took into account all possible defects that it should have noticed, if any exist.

5. Client's obligations

The Client undertakes to:

• Give the Contractor timely instructions for the performance of the Service and, at the Contractor's request, explain and clarify any ambiguities related to such instruction.
• Allow the Contractor access to the Property and/or enable the takeover of the Subject Matter of the Service at the agreed time.
• Inform the Contractor of all defects and/or damage to the Property and/or Subject Matter of the Service that are known to the Client.
• Timely remove all movable items from the Property and/or Subject Matter of the Service in accordance with the Contractor's instructions.
• Timely inform the Contractor, within the deadlines specified in these General Terms and Conditions, of the impossibility of performing the Service within the agreed term.
• Provide, according to the Contractor's instructions, all proper infrastructural and technical prerequisites necessary for the proper performance of the Service, such as a proper electricity and water connection, which the Contractor has identified in the Offer and/or Agreement.

6. Terms of business cooperation

6.1. Client's expression of interest

The Client expresses interest in business cooperation by sending the Contractor a written inquiry by e-mail or through the contact form available on the Client's website and/or orally by phone or in another appropriate manner.

6.2. Site inspection of the Property

After the Client has expressed interest, the Contractor shall, depending on the type of the ordered Service, by prior arrangement with the Client, carry out a site inspection of the Property in order to determine all circumstances relevant for preparing the Offer, including, without limitation, the area of the Property or Subject Matter of the Service and the condition of the Subject Matter of the Service, the degree of dirt, materials, technical specifications and the special characteristics of the materials. During the site inspection of the Property, the Contractor is obliged to inspect the Property, in the part relating to the ordered Services, and warn the Client of any visible defects noticed. For the purpose of determining the state of the Property, prior visible damage and/or visible defects, the degree of dirt, the type of material, the surface area and other circumstances relevant for the proper performance of the Service, the Contractor is authorised to photograph the Subject Matter of the Service or the Property and store such photographs in digital form while applying all technical and organisational measures for the purpose of defending against possible legal claims by the Client. For the avoidance of doubt, before performing the Service or carrying out the site inspection of the Property, the Contractor is not obliged to determine the functionality of the installations and infrastructure within the Property; therefore, the Client is solely responsible for the functionality of the installations within the Property and shall compensate the Contractor for any damage incurred as a result of their malfunction. If the Client is interested in the service of individual furniture cleaning, a site inspection of the Property is generally not necessary and the Contractor shall prepare the Offer based on the information received from the Client. If, when taking over the Subject Matter of the Service or upon arrival at the Property, the Contractor determines that the information received from the Client does not correspond to the actual state of affairs, for example the area of the carpet or the dimensions of the furniture, it shall record this in the Work Order and calculate the price of the service according to the actual condition. When taking over the Subject Matter of the Service, the Contractor is obliged to inspect it and warn the Client of any visible defects noticed. The Contractor shall record any defects in the Work Order and, if necessary, document them photographically.

6.3. Offer

After the Client has expressed interest and the site inspection of the Property has been carried out, if applicable, the Contractor prepares an offer for the performance of the services. The offer is delivered to the Client by e-mail. The offer defines the description of the ordered services, the price of the Services, the minimum and/or maximum number of working hours that the Contractor estimates will be spent on performing the Service, if applicable, the payment terms, notes, for example technical conditions for performing the service, approved discounts and the like, and the date of the offer. Unless otherwise specified in the offer, the offer is binding on the Contractor for eight business days from the day the Offer is sent to the Client. The Offer is deemed accepted when the Client declares that it accepts the Offer or pays part of the agreed price, the advance payment, in the amount determined by the Offer.

6.4. Compensation for late cancellation

The Client is obliged, without delay, to notify the Contractor of all circumstances that may affect the timely performance of the Service, namely if the value of the agreed service is less than or equal to EUR 300.00 excluding VAT, at least one day before the agreed appointment and no later than 16:00, and if the agreed service value exceeds EUR 300.00 excluding VAT, at least three business days before the agreed appointment, also no later than 16:00. If the Client cancels the Service after the expiry of the above deadlines, it shall be deemed that the Contractor has performed its Service in full and shall be entitled to retain the amount of the advance payment received, and if such payment has not been made, shall be entitled to charge compensation for late cancellation costs in the amount of 70% of the price specified in the offer, unless the Client proves that it could not fulfil its obligation due to external, extraordinary and unforeseeable circumstances that occurred after the Agreement was concluded, which it could not prevent, eliminate or avoid, and only provided that the Client notified the Contractor of such circumstances without delay. Our goal is to perform the agreed services at the agreed time, and in order to achieve this, you as the Client are obliged to enable us to commence performance of the Service at the agreed time. If, due to your fault or the fault of third parties for whom we are not responsible, you have not enabled us to commence the performance of the Service on time, we reserve the right to charge the following fees.

6.5. Delay fee

If, upon arrival at the location of the Property, the Contractor is not allowed to start work at the agreed time, the Contractor shall be entitled to a delay fee. The delay fee is charged for each commenced hour from the time the Client arrived at the Property, but not before the agreed time, until the time the Contractor started performing the Service. The amount of the delay fee per hour corresponds to the agreed price of a working hour. In the event of delayed introduction into the work, there is a possibility that the Contractor will not perform the agreed services in full, but only to the extent objectively possible given the Client's delay. For the avoidance of doubt, in that case the Client is not entitled to raise an objection of partial non-performance and/or improper performance of the agreed services. If, due to the Client's delay, the Contractor did not start the agreed services at all, nor was able to wait at the Property because of further business obligations, the provisions on compensation for late cancellation costs from clause 6.4 shall apply.

6.6. Waiting fee (takeover of the Subject Matter of the Service)

If the contractual parties agreed that the Client would hand over the Subject Matter of the Service at the Property or another location according to the Client's instruction, and the Client does not enable the Contractor to take over the Subject Matter of the Service at the agreed time, the Contractor shall be entitled to charge a waiting fee. The waiting fee is charged for each commenced hour of waiting in the fixed amount of EUR 50.00 for each person who arrived to fulfil the order. If the Client is delayed for more than 60 minutes, it shall be deemed that the order has been cancelled, in which case clause 6.4 on compensation for late cancellation shall apply.

6.7. Place of performance of the Service

The place of performance of the Services is the location of the Property according to the Contractor's instruction. The location of the Property is determined by the Agreement or the Offer. The Client is obliged to ensure unhindered access to the Property for the Contractor and the Persons at Work, with the participation of the Client's representative. If the Client indicates that the Contractor may access the Property without the participation of the Client's representative, the Client is obliged to provide in due time all information necessary for entry into the Property, such as the location where the keys can be collected, passwords for security systems, entrance door codes and the like. Exceptionally, if the Subject Matter of the Service is movable, the Contractor may, by agreement with the Client, perform the Service in its own business premises. If the Contractor performs the Service in its own business premises, the Contractor bears the transport costs of the Subject Matter of the Service if the distance from the place where the Subject Matter of the Service is collected to the Contractor's business premises is less than or equal to 20 km. Otherwise, the Contractor is entitled to reimbursement of transport costs in the amount determined by the Contractor's price list.

7. Quality guarantee

The Contractor guarantees that the Services shall be performed in accordance with the highest quality standards and that, when performing the Service, it shall apply Products or a cleaning procedure that best correspond to the material being treated. For the avoidance of doubt, the quality guarantee does not mean that the Contractor will remove all previously created stubborn dirt and/or damage, but that it will remove them or clean the Property to the extent possible given the degree of dirt, previously observed defects and/or wear of the Subject Matter of the Service and the composition of the material.

8. Inspection of the performed work

The Client is obliged, without delay, on the Handover Day, to inspect the performed work and notify the Contractor of any defects noticed. The contractual parties shall determine the observed defects in the Handover Record. The Contractor shall remove the defects as soon as, and if, this is possible in the ordinary course of events, without the right to additional compensation, provided that the objection is justified. An objection to the performed work shall be deemed unjustified in the cases described in clause 7 and in this clause 8 of the General Terms and Conditions. After the inspection and acceptance of the performed work, the Client shall not be entitled to raise defects that could have been discovered by a usual inspection. If the Client refuses to inspect the performed work and/or does not attend the handover of the performed work without justified reason, it shall be deemed that the handover has been duly carried out and that the agreed services have been duly and fully performed. If the Client is justifiably prevented from attending the handover of the works at the agreed time, it is obliged to notify the Contractor thereof in writing in due time and inspect the performed work no later than 12 hours after the end of the Service and notify the Contractor by e-mail of any defects noticed. Objections raised after that deadline shall not be taken into account. If the Client is not present at the handover of the works, the Contractor is authorised to record photo and/or video material of the condition of the Property before and/or after the performance of the Service and use such digital material for the purpose of defending against possible legal claims.

8. Limitation of liability

The Contractor shall not be liable for damage caused as a result of prior damage and/or defects of the treated material, due to a chemical reaction of the treated material and the Products that the Contractor could not foresee, as a consequence of hidden defects of the treated material, incorrect and/or incomplete instructions of the Client, and incomplete and/or inaccurate declarations regarding the composition of the treated material. In any event, these General Terms and Conditions exclude the Contractor's liability to the Client for damage incurred in the form of lost profit or other benefit caused by non-performance or delay in the performance of the undertaken obligations. If the Contractor's liability cannot be excluded under the law, the total liability for damage may not exceed 50% of the total one-time Fee received, in the case of one-time Services, or 50% of the total monthly fee received, in the case of maintenance services on a monthly basis.

10. Compensation and payment terms

If the services are provided without a contract, the individual is obliged to pay immediately upon completion of the cleaning. Payment may be made by credit card or cash. If there is a signed agreement between the Contractor and the Client, the Client is obliged to pay the agreed Fee for the Services in the amounts and within the deadlines specified in the Offer or the Agreement, on the basis of the issued invoice or offer of the Contractor. If the payment deadline is not determined by the Offer and/or the Agreement, the Client is obliged to pay the fee within three days. The payment period for the invoice starts from the day of receipt of the invoice or pro forma invoice. The Contractor sends the invoice to the Client by e-mail and it shall be deemed received when it is recorded as sent on the Contractor's outgoing server. The amount of the Fee includes the costs of the Products, Consumables, Regular Travel Costs and Equipment. In the event of late payment, the Contractor is entitled to charge statutory default interest at the rate specified by the Civil Obligations Act.

11. Impossibility of performing the service

The Contractor is obliged, without delay, to notify the Client of illness or another circumstance that prevents it or materially hinders it in the performance of its obligations under the Agreement or that endangers the life or health of the persons with whom it comes into contact when performing the Business Cooperation Agreement.

12. Subcontractors

The Contractor may engage Subcontractors without the Client's prior written consent. The Contractor is responsible for their work.

13. Business secret

All provisions of the Business Cooperation Agreement constitute a business secret and the contractual parties, their employees and/or Subcontractors are not authorised, without the Contractor's prior written consent, to disclose the contents of the Agreement and/or Confidential Information. All Confidential Information shall be deemed a business secret regardless of the source from which it was obtained and regardless of whether it is explicitly marked as confidential.

14. Service of notices

All notices, requests and other communication provided for or permitted by the Agreement and/or these General Terms and Conditions shall be in writing and shall be deemed duly served if delivered in the manner and to the details specified in the Business Cooperation Agreement, provided that if either contractual party has notified the other contractual party of a different address, delivery shall in that case be made to that address. Notices shall be deemed served:

• On the date of receipt stated on the duly signed return receipt, in the case of notice sent by registered mail with return receipt, or on the date of handover of the notice to the post office by registered mail with return receipt if the other party does not receive the registered item for any reason.
• In the case of e-mail, on the first business day following the day on which the e-mail of one party was recorded as duly sent to the other party on the sender's outgoing mail server.

15. Force majeure

It shall not be considered that a contractual party is in breach of the Business Cooperation Agreement and/or these General Terms and Conditions, nor shall it otherwise be considered liable to the other contractual party in any form, for any omission or delay in the performance of its obligations under these General Terms and Conditions and/or the Business Cooperation Agreement if the performance of the contractual party's obligations is prevented by Force Majeure. In the case referred to in the previous paragraph:

• the contractual party shall, immediately upon becoming aware of the Force Majeure event, notify the other contractual party thereof in writing, specifying the nature and extent of the Force Majeure, and shall use all reasonable measures to mitigate its consequences;
• the deadline for the performance of the obligation shall be postponed solely for the period equal to the duration of such cause of Force Majeure;
• the contractual party shall not be entitled to claim from the other contractual party compensation for additional costs incurred as a consequence of Force Majeure. If the Force Majeure lasts longer than two consecutive months from the date it occurred, the contractual party that is not in breach is authorised to terminate this Agreement by sending a written notice of termination. Such notice shall contain the date of termination of the agreement, which may not be shorter than fifteen days from the date of delivery of the notice of termination.

16. Final provisions

In the event of a discrepancy between the Agreement and these General Terms and Conditions, the provisions of the Agreement shall prevail. If any provisions of the Agreement or these General Terms and Conditions are or become null and void, voidable or otherwise invalid for any reason, this shall not affect the validity of the remaining provisions of the Agreement nor the validity of the Agreement or these General Terms and Conditions as a whole. In such a case, the contractual parties shall, without delay, agree on replacing the impermissible or otherwise invalid provision with a permissible provision corresponding to the business purpose of the impermissible or otherwise invalid provision. The Client is not authorised, without the Contractor's written consent, to transfer the benefits, rights and/or obligations arising from the Agreement. The Contractor may update or amend the General Terms and Conditions at any time, which is why Clients are advised to read the General Terms and Conditions before each order. The amended General Terms and Conditions apply to new orders of the Client. Exceptionally, if the General Terms and Conditions change during the contractual relationship, the Contractor shall notify the Client of the amendment and the date on which the General Terms and Conditions enter into force. The Client has the right to unilaterally terminate the contract within eight business days if the amendments are unfavourable to the Client; otherwise it shall be deemed to have accepted the amendments. The contractual parties shall attempt to resolve any disputes arising out of or in connection with the Agreement amicably, and if this is not possible, they agree on the jurisdiction of the competent court in Zadar. Croatian law shall govern the Agreement and these General Terms and Conditions.

17. Special provisions for Consumers

Clause 17 of these General Terms and Conditions shall apply exclusively if the user of the Services is considered a Consumer within the meaning of the Consumer Protection Act.

17.1. Introduction

The Contractor is a company that offers cleaning services for real estate or movable property, depending on your business needs. When providing the service, the Contractor uses professional cleaning products, and the ordered services are provided by trained and professional personnel.

17.2. Order

Thank you for expressing interest in our services. You may submit your inquiry regarding the provision of our services by e-mail, through the contact form available on the website, by phone or in another appropriate manner. We shall respond to your inquiry as soon as possible and, if necessary, request additional information, for example the area of the property, the location and similar data, in order to prepare an informative offer.

17.3. Informative offer

After you have expressed interest in using our services, and based on the information you have provided in your inquiry, we shall send you an informative offer containing an exact description of the services and an informative price calculation. Please note that the informative price calculation is not final, but is stated as a minimum amount. We determine the final price after visiting the site and inspecting the property.

17.4. Site inspection of the property

See clause 6.2 of the General Terms and Conditions.

17.5. Offer

After the inspection of the property, if applicable, we shall send you a binding offer by e-mail. The offer specifies the description of the ordered services, the price of the Services, the number of working hours that the Contractor estimates will be spent on performing the Service, if applicable, the payment terms, notes, for example technical conditions for performing the service, approved discounts and the like, the date of issue of the offer and the location. Unless otherwise specified in the offer, the offer is binding on the Contractor for eight business days from the date the Offer is sent to the Client. The Offer is deemed accepted when the Client declares that it accepts the Offer or pays part of the agreed price, the advance payment, in the amount determined by the Offer.

17.6. Prices

The prices of our services are expressed in EUR as the official currency of the Republic of Croatia and the European Union. As a rule, the total price of our services cannot be determined in advance and is determined in its final amount after the site inspection, if applicable, once our professional staff determine the previous condition of the property, the degree of dirt, the number of hours required to perform the services, the available infrastructure, the composition of the materials and the special characteristics of the materials. The price of a working hour is determined by the price list. The prices of services that can be determined in advance are available at https://aquatoria-cleaning.com/ and are expressed as retail prices in EUR as the official currency of the Republic of Croatia and the European Union. The Contractor reserves the right to change the price at any time.

17.10. Costs

Travel costs to a property located within Sibenik-Knin County, or within a radius of 20 km from our registered office or place of business, are not charged. If your property is located outside Sibenik-Knin County or more than 20 km from our registered office or place of business, we reserve the right to charge travel costs as determined by the price list. We shall specify the travel cost in the offer.

17.11.a. Delay fee

The delay fee is charged for each commenced hour from the time our staff arrived at the Property, but not before the agreed appointment, until the time when we started performing the Service. The amount of the delay fee per hour corresponds to the agreed price of a working hour. In the event of delayed introduction into the work, there is a possibility that we will not perform the agreed services in full, but only to the extent objectively possible given the Client's delay. For the avoidance of doubt, in that case you are not entitled to raise an objection of partial non-performance and/or improper performance of the agreed services. If, due to the delay for reasons on your side, our staff did not start the agreed services at all, nor were able to wait at the Property due to further business obligations, the provisions on compensation for late cancellation costs shall apply.

17.11.b. Waiting fee (takeover of the Subject Matter of the Service)

If we are obliged, for the purpose of performing the services, to take over the Subject Matter of the Service at the location specified by your instruction, for example we collect a sofa at your place and perform the service in our premises, and due to your fault you do not take over the Subject Matter of the Service at the agreed time, we are entitled to charge a waiting fee. The waiting fee is charged for each commenced hour of waiting in the fixed amount of EUR 50.00 for each person who arrived to fulfil the order. If you are delayed for more than 60 minutes, it shall be deemed that you have cancelled the order, in which case the provisions on compensation for late cancellation costs shall apply.

17.12. Right to submit a written complaint

If you are not satisfied with our Services, you are entitled to submit a written complaint in our business premises, by sending the complaint by post to the address of our registered office or by e-mail to cleaning@aquatoria-yachting.com, and we shall confirm receipt of your complaint without delay. We shall respond to your complaint as soon as possible in the ordinary course of events, and no later than within 15 days from the date of receipt of your complaint, clearly stating why we consider your complaint justified or unjustified.

17.13. Quality guarantee

We guarantee that we shall perform the Services in accordance with the highest quality standards and that, when performing the Service, we shall apply Products or a cleaning procedure that best correspond to the material being treated. For the avoidance of doubt, the quality guarantee does not mean that we shall remove all previously created stubborn dirt and/or damage, but that we shall remove them or clean the Property to the extent possible given the degree of dirt, previously observed defects and/or wear of the Subject Matter of the Service and the composition of the material.

17.14. Liability for material defects

We are liable for material defects in accordance with the Civil Obligations Act and the Consumer Protection Act. Immediately after the ordered service has been performed, you are obliged to inspect the cleaned property and notify the Contractor immediately of any visible defects. The contractual parties shall determine the observed defects in the Handover Record. We shall remove the defects as soon as, and if, this is possible in the ordinary course of events, without entitlement to additional compensation, provided that your complaint is justified. After the inspection and acceptance of the performed work, you are not entitled to raise defects that could have been discovered by a usual inspection. If, for justified reasons, you are not present at the completion of the service, you are obliged to inspect the property or Subject Matter of the Service no later than 24 hours after the completion of the Service and notify us by e-mail of any defects noticed. Complaints raised after that deadline shall not be taken into account. If the Client is not present at the handover of the works, the Contractor is authorised to record photo and/or video material of the condition of the Property before and/or after the performance of the Service and use such digital material for the purpose of defending against possible legal claims. The Contractor shall not be liable for damage caused as a result of prior damage and/or defects of the treated material, due to a chemical reaction of the treated material and the Products that the Contractor could not foresee, as a consequence of hidden defects of the treated material, incorrect and/or incomplete instructions of the Client, and incomplete and/or inaccurate declarations regarding the composition of the treated material.

17.15. Right of unilateral withdrawal from the Agreement

In accordance with the Consumer Protection Act, under the conditions laid down by law you have the right, without stating reasons, to unilaterally withdraw from an agreement concluded outside business premises or concluded at a distance within 14 days from the date of its conclusion, and this period starts running on the day the Agreement is concluded. If you exercise the right of unilateral withdrawal from the Agreement, you are obliged to inform us thereof within the statutory period by means of the unilateral withdrawal form available here or by an unequivocal statement of withdrawal in which you will state your name and surname, address, telephone number or e-mail address, which statement you will send by post or by e-mail to cleaning@aquatoria-yachting.com. A copy of the unilateral withdrawal form available on the website may be completed and sent electronically by the Consumer. We shall provide confirmation of receipt of the notice of unilateral withdrawal without delay by e-mail. In the event of withdrawal from the Agreement before performance, we are obliged to return the received funds to you, if applicable, within 14 days from the date of receipt of the withdrawal statement. The refund will be made using the same means of payment that you used. If you agree to another method of refunding the paid amount, you will not bear any costs in relation to the refund. If the Consumer does not deliver the notice of withdrawal within 14 days from the date of conclusion of the Agreement, the Consumer loses the right of unilateral withdrawal from the Agreement.

17.16. Exclusion of the right of withdrawal

In accordance with the Consumer Protection Act, you do not have the right to withdraw from an Agreement concluded outside business premises or concluded at a distance if:

• the service agreement has been fully performed for a service for which the consumer has assumed the obligation to pay the price, and the performance began with the consumer's express prior consent and confirmation that the consumer is aware of the fact that they will lose the right of unilateral withdrawal from this section if the service is fully performed;
• the subject matter of the agreement is a product whose price depends on changes in the financial market that are beyond the trader's control and that may occur during the consumer's right of unilateral withdrawal;
• the consumer explicitly requested the trader's visit for the purpose of urgent repairs or maintenance work, provided that if, during such visit, in addition to the services expressly requested by the consumer, the trader provides other services or delivers other goods besides those necessary for urgent repairs or maintenance work, the consumer has the right of unilateral withdrawal from the agreement in relation to such additional services or goods;
• the subject matter of the agreement is accommodation services not intended for residence, transport of goods, vehicle rental services, meal preparation services, catering, or services related to leisure activities, if it has been agreed that the service will be provided on a specified date or within a specified period;
• the consumer explicitly requested the trader's visit for paid repair services and the agreement, the performance of which started with the consumer's express prior consent, has been fully performed.

17.17. Duration of the Agreement

If you have decided to conclude an agreement on the regular maintenance of a property, on a weekly or monthly basis, we may conclude the agreement for a fixed or indefinite period, depending on your needs. If you concluded the Agreement for a fixed period, you may terminate it early at any time without stating reasons, subject to a 60-day notice period and with the obligation to pay compensation for early termination. The compensation for early termination corresponds to 50% of the total monthly fees for the remaining contractual period, increased by the amount of discounts granted and calculated by the Contractor due to the conclusion of the agreement for a fixed term. If the Agreement is concluded for an indefinite period, it terminates by mutual agreement of the contractual parties or by unilateral termination in accordance with the provisions of this Agreement. Each contractual party may terminate the Agreement without explanation with a 60-day notice period at any time. The Contractor may unilaterally terminate the Agreement with immediate effect by sending written notice to the Client if:

• the Client does not pay the monthly invoice even after 15 business days following an additional grace period for fulfilment of the obligation;
• the Client fails more than twice in a six-month period to enable the Contractor access to the Property and/or the takeover of the Subject Matter of the Service at the agreed time;
• the Client fails to provide the technical prerequisites and/or infrastructure required by the Contractor for the performance of the Service;
• the Client delays payment of monthly invoices by more than eight business days from the due date on two or more occasions during a six-month period. The Client may unilaterally terminate the Agreement with immediate effect by sending written notice to the Contractor if the Contractor does not remedy serious breaches of the agreement within 30 days from the date of the written warning or continues to grossly violate the provisions of the Agreement. Termination of the Agreement must be reasoned and supported by credible evidence. In the event of termination with immediate effect, the Agreement shall cease on the first business day following the day on which the e-mail of one contractual party is recorded as duly sent to the other contractual party on the outgoing e-mail server of the sending contractual party.

17.18. Alternative dispute resolution

If we have not been able to resolve the dispute through the complaint procedure, you may submit your complaint to the State Market Inspector, bring an action before the court, or initiate proceedings in accordance with the Alternative Dispute Resolution Act by initiating out-of-court dispute resolution before the Court of Honour of the Croatian Chamber of Economy or before the competent mediation centres.

17.19. Corresponding application of the General Terms and Conditions

Clause 1 and clauses 14 to 16 of these General Terms and Conditions shall apply accordingly to relations with consumers as well.

17.20. Final provisions

In the event of any inconsistency between the Agreement and these General Terms and Conditions, the provisions of the Agreement shall prevail, provided that the written agreement has been concluded. If any provisions of the Agreement or these General Terms and Conditions are or become null and void, voided or otherwise invalid for any reason, this shall not affect the validity of the remaining provisions of the Agreement nor the validity of the Agreement or these General Terms and Conditions as a whole. In such a case, the contractual parties shall, without delay, agree on replacing the impermissible or otherwise invalid provision with a permissible provision corresponding to the business purpose of the impermissible or otherwise invalid provision. The Client is not authorised, without the Contractor's written consent, to transfer the benefits, rights and/or obligations arising from the Agreement. The Contractor may update or amend the General Terms and Conditions at any time, which is why Clients are advised to read the General Terms and Conditions before each order. The amended General Terms and Conditions apply to new orders of the Client. Exceptionally, if the General Terms and Conditions change during the contractual relationship, the Contractor shall notify the Client of the amendment and the date of entry into force of the General Terms and Conditions. The Client has the right to unilaterally terminate the contract within 30 days, otherwise it shall be deemed to have accepted the amendments.