These Terms and Conditions (Conditions) set out the basis on which Castaway (as defined below) will provide accommodation and other products and services at its hostel to Customers (as defined below) and Guests (as defined below). By making a Booking (as defined below) the Customer agrees to comply with these Conditions.

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1. INTERPRETATION.

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Arrival Date" means the date on which the Customer’s stay at the resort is due to commence, as per the Booking Details "Booking" means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Castaway “Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the duration of the Guests’ stay and any other products and/or services to be included in the Booking “Charges” means the charges payable by the Customer in connection with the Booking “Contract” means the contract between the Customer and Castaway in relation to the Booking “Customer” means person who makes the Booking “Castaway” means Castaway d.o.o. (registered company with OIB 32592187125) that operates the resort “Guests” means the Customer and any third parties they invite to the resort in connection with the Booking “resort” means the resort owned or operated by Castaway the location of which is specified in the Booking 


2. BOOKINGS

2.1 Customers can request Bookings via Cast Away's website or by contacting Cast Away's staff at the resort.
2.2 When requesting Bookings, Customers will be required to provide identification information including, but not limited to, their name, address, birthplace, contact telephone number, passport number and email address.
2.3 No request for a Booking should be deemed to be accepted unless and until Castaway confirms its acceptance and provides a booking reference, at which point the Contract will come into existence.
2.4 Subject to clause 4 Castaway will use its reasonable endeavours to accommodate any request from the Customer to change the Booking Details but any request to change the dates or length of stay or add products and/or services will be subject to availability and the Customer paying for such increased length of stay and/or products and/or services at Castaway’s standard rates from time to time.
2.5 When booking more than 2 beds on the same booking, Castaway will attempt to put those people in huts next to each other, however this can not be guaranteed 
2.6 A beach hut can accommodatie maximum 2 people.

3. FEES & PAYMENT

3.1 Unless otherwise agreed by Castaway the Charges only cover the provision of accommodation at the resort and the Customer may incur additional charges including, without limitation, charges for rentals, excursions, etc. (the “Additional Charges”)
3.2 Customers will be informed of the amount of the Additional Charges before they are incurred.
3.3 Bookings will be subject to the Customer: making payment of the Charges in full in advance or, at Castaway's option, paying a booking fee and/or deposit; and providing valid Debit or Credit Card details via which payment of the Charges or the balance of the Charges (as the case may be) and any Additional Charges can be taken at check in at the hostel or at the time of booking
3.4 If not prepaid in full at time of booking the balance of the Charges must be paid by the Customer immediately on checking in at the resort.  Any Additional Charges must be paid either as they are incurred or, at Castaway’s option, upon the Customer checking out at the resort.
3.5 There will be a 20% downpayment for group bookings 3 months before the check-in date or at the time of booking if the booking occurs within 3 months of the check-in date. 
3.6 The following payment methods are accepted by Castaway
    3.6.1 Cash payments
 

4. CANCELLATIONS

4.1 Subject to clause
4.2, the Customer may cancel the Booking without charge if notice is given according to Castaway's cancellation's policies.   Castaway will refund to the Customer all sums paid by the Customer in advance, except for the booking or cancellation fee or charge.
4.3 Group bookings are an exception and have the following cancellation policies:
     6 - 10 beach huts
     More than 30 days: Free 
     Less than 30 days: 20%
     Less than 14 days: 100%

      1 - 5 beach huts
     More than 14 days: Free
     Less than 14 days: 50%
     Less than 7 days: 100%

4.4 Where the Customer has been offered a discounted rate on condition that the Booking may not be cancelled then, provided the Customer has been informed of such Condition, then the Booking may not be cancelled and the Charges applicable to that Booking are payable in full.
4.5 Where the Customer fails to give sufficient notice of cancellation as per clause 4.1 or fails to arrive (no show) at the resort, the Booking will be deemed cancelled and the Customer must pay the resort an amount as stated in Castaway's cancellation policies.
4.6 Castaway may at any time cancel a Booking if the resort becomes unavailable due to circumstances outside Castaway’s control in which case Castaway will pay the Customer a full refund of any Charges and any booking fee paid.
4.5 Castaway may at any time cancel the Booking if the payment details provided by the Customer in accordance with clause 3.4.2 are invalid and the Customer fails to provide alternative valid details. 


5. CHECK IN & OUT

5.1 Check-in time at the Hostel booked is at 1200 hrs. . Check-in prior to 1200 hrs. may be available subject to prior arrangement with Castaway and subject to the full range of services and facilities at the resort not being available until the standard check in time.
5.2 Check-out time at the resort booked is 1000 hrs.. Later check-out times may be possible by prior arrangement and subject to availability. (In the absence of such prior arrangement, failure to check-out by 1000 hrs may result in the Customer being charged for an additional night’s accommodation at the standard applicable rate)


6. RULES

6.1 Valid photo identification in the form of a Passport is required at check-in.
6.2 Customers are required to conduct themselves and ensure that their Guests conduct themselves in a reasonable and responsible manner at the Hostel and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the resort in which event all Charges and Additional Charges shall become immediately payable by the Guest.
6.3 Smoking is not permitted inside the resort and only in the designated smoking areas.
6.4 The Customer will be responsible for any loss or damage caused at the resort by Guests or visitor of the Guest. The Guest may be liable for Castaway’s reasonable cost of repairing, cleaning or replacing any property of Castaway which is damaged, soiled or lost by a Guest.
6.5 No animals are allowed in the resort with the exception of cats & dogs.
6.6 Castaway does not accept bookings made by those under the age of 16. Under 18’s cannot stay in any beach hut, however they can stay when accompanied by an adult over 18 years. If you’re between 16-18 and want to stay in a beach hut alone, you’ll need written consent from your parent or guardian.  Failure to adhere to this rule will result in automatic Cancellation with no refund given. 


7. FOOD & DRINKS

7.1 Customers and their Guests may consume food and drink purchased in external supermarkets, bakeries, markets, etc. Externally purchased food and drink may be consumed inside Castaway.
7.2 Castaway offers snacks & drinks in "Wilson's", their own beach bar.  Castaway does not offer any kind of meals.
7.3 Castaway will offer the possibility to cook on a bbq and store the Customer's food and drinks in a fridge and 1 private storage box / hut.



8. FIRE PREVENTION

8.1.  Smoking area's & the use of the BBQ are strictly regulated by Castaway and the Costumer is expected to follow those rules thoroughly to prevent any risk of fire in this high risk area.


9. LIABILITY

9.1 Nothing in these Conditions purports to limit or exclude the Castaway's liability for: (a) death or personal injury caused by the negligence of Castaway's employees, subcontractors or agents; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal for the Hostel to limit or exclude its liability.
9.2 If Castaway breaches these Conditions or is negligent, it is responsible for the loss of damage suffered by the Customer that is a foreseeable result of the breach of negligence but are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Castaway’s breach of these Conditions or if they were contemplated by Castaway and the Customer when they entered into the Contract.
9.3 The Customer agrees that Castaway is only supplying its facilities, products and services to the Customer for private use and have no liability to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.4 In case of renting equipment such as bikes, kayak's, paddle boards, etc, the Costumer agrees that Castaway is only supplying its facilities, products and services to the Customer for private use and have no liability to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity.  The Customer agrees that Castaway's liability is excluded in any case for death or personal injury suffered by the Customer during the use of rental equipment.


10. PERSONAL DATA

10.1 Castaway's treatment of Customers data follows the Croatian Personal Data Act.
10.2 The Customer herby consents to Castaway collecting of the Customers personal data such as name, surname, email address, social security number, customer number, address, contact information and details of the bank account number and IP number.
10.3 The personal data is used by Castaway for the performance of the Contract and for marketing and as a basis for statistics and for Castaway's product development. Castaway has the right to share your personal data with its partners for advertisement and promotion.
10.4 The personal data may be analyzed and grouped for the selection, prioritization and planning of the marketing of Castaway, so-called profiling.
10.5 As a customer of Generator, you agree to receive marketing information via mail, telephone, or e-mail and text messages, and other digital channels. Marketing through email and sms is regulated in the Croatian Marketing Act. Your personal data may be disclosed.
10.6 Personal information is disclosed to Croatian authorities only when it is required by law or official order.
10.7 The Customer agrees that all media such as photographs, video's, etc. including him/her are free of rights meaning Castaway is free to collect and use it, for marketing & other purposes without limitations.


11. PARKING

11.1 The Customer is allowed to park on our private parking behind our main building or anywhere around the property but only on public parking spaces and that for free but on his/her own risk.  It excludes Castaway's liability in all matters.


12. GENERAL

12.1 The Customer’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Conditions.
12.2 Castaway may transfer its rights and obligations under the Contract to another organisation but will always inform the Customer if this happens and this will not affect the Customer’s rights under the contract.
12.3 Castaway will not be liable to the Customer for any failure to perform or delaying in performing its obligations where such failure or delay is due to an event outside Castaway's control (including without limitation, extreme adverse weather, industrial action or natural disaster). If such an event prevents Castaway from fulfilling the Booking, either party may cancel the Contract.
12.4 Castaway may, from time to time, change these Conditions without notice. However, the version of these Conditions in force at the time of the Booking will continue to apply to the Contract. Customers are advised to check Castaway's website for the latest version of these Conditions before making a Booking.
12.5 Castaway complies with its obligations under the Data Protection Act 1998 (the “Act”) in relation to data protection. Castaway will process personal data (as defined in the Act) in relation to Customers and Guests solely for the purpose of performing its obligations and exercising its rights in connection with the Contract. Castaway will not provide any such personal data to any third parties apart from third parties who provide services to Castaway such as the provision of legal advice.
12.6 No failure by Castaway to enforce these Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12.7 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.8 These Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Croatia and the court of Croatia will have jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with it.
12.9 No person who is not a party to the Contract will have any rights in connection with it.