General terms and conditions

travel agency BOATS AND TRIPS

INTRODUCTORY PROVISIONS

General Terms and Conditions of Business from the travel agency BOATS AND TRIPS from Kanfanar, Putini 5, OIB: 45484139038 (hereinafter: the Agency) regulate the conditions of booking and selling tickets via the online platform for local excursions by nautical means, regular transport by nautical tourism and rental of vessels ( canoes, pedal boats, scooters, rent a boat taxi boat, etc.) on the website www.boatsandtrips.com, and the relationship with the service providers for whom tickets are sold, hereinafter: Shipowners (hereinafter: General Terms). Business cooperation will take place in accordance with the Tourism Services Act (Official Gazette 130/17, 25/19, 98/19 and 42/20, 70/21), and other relevant regulations, good business practices, business morals in the manner and under the terms of this contract. Business cooperation under this agreement will take place for the mutual benefit of the contracting parties, taking into account market conditions. The conditions, rules and tariffs of the Shipowner who performs transport, ie provides liner transport services and / or rental of simple vessels, apply to the obligatory relationship between passengers and shipowners from the moment of ticket purchase. The Agency does not take responsibility for the actions of the Shipowner.

ACCEPTANCE OF TERMS AND CONDITIONS

By confirming the mark at the designated place in the process of offering the service and / or buying a ticket, the user confirms that he has read, understood and accepts the application of these General Terms, and that the contractual relationship arises by accepting the offer of travel agency Boats and Trips and of these General Terms and Conditions and agrees that they be primarily relevant for the interpretation of the will of the contracting parties. In the event of any inconsistency between the written offer and the General Terms and Conditions, the General Terms and Conditions shall prevail, unless otherwise agreed in writing.

USE OF THE SITE www.boatsandtrips.com

The user is authorized to use this website in accordance with these General Terms and Conditions. You may not modify, copy, share, transmit, display, display, reproduce, publish, modify or sell any information, software, products or services derived from this website, including all HTML links, Active X controls and other program codes.

COPYRIGHT AND TRADEMARK

Logos, images, audio and video material, timetables, price lists, etc., information and conditions displayed on this website are the property of the Agency and / or its business partners. The products and company names mentioned on this website are trademarks of their respective owners. The information on this website is protected by copyright. The user of this website is not allowed to distribute, sell, copy or modify any available information in any way without the written consent of the copyright owner of the information. The Agency reserves the right to deny access to information and / or remove information from the website in case of violation of the rights of third parties.

LINK TO ANOTHER PAGE

This website may contain hyperlinks to other websites. Such hyperlinks are provided only for the additional benefit of users of this website. The Agency does not monitor such websites and is not in charge of or responsible for their content. By including hyperlinks to such websites, the Agency does not imply any certification of materials on such websites or any other form of agreement with their operators.

MEANING OF TERMS

SHIPOWNER – a legal or natural person who is authorized to independently enter into a legal transaction by which the vessel in question is rented as tourist content intended for the provision of excursions, transport or rental of short-term tourist facilities.

PRICE OF THE SERVICE – the sum of the amount of contracted and provided services charged directly by the AGENCY and the related tax

VOUCHER (hereinafter Voucher) – a valid document by which the user is entitled to a paid service

USER – any person who makes an inquiry, reservation or purchases a ticket in accordance with these General Terms and Conditions. The user is also considered to be the person who buys the ticket for another person.

PLACE OF DEPARTURE – the place where, in accordance with the ticket or Voucher, boarding begins for the transport of passengers or taking over the leased vessel from the Shipowner range.

PLACE OF ARRIVAL – the place where, in accordance with the ticket or Voucher, the transport of passengers ends, and where the leased vessel is returned to the Shipowner

ESTIMATED DEPARTURE TIME – the time provided as the time of departure or taking over

COMPLAINT – written request of the passenger to Shipowner or the Agency

PASSENGER – a person who, based on the ticket, has the right to transport by vessel

RESERVATION – providing a place in the excursion boat for passengers

DIRECTION – leased trip that should include all points that are advertised as an integral part of the trip and whose tour is offered

SUSPICIOUS DOCUMENT – a document that has been lost, stolen, forged, showing signs of unqualified interventions or is considered missing

TARIFF – the amount charged by the Shipowner for passenger transport services and accompanying services (food, drinks, etc.) on day trips, or for the lease of nautical tourism (canoes, scooters, pedal boats, taxi boats, etc.) under certain conditions on a particular line

SHIPOWNER’S CONDITIONS – conditions of each individual Shipowner under which passenger transport takes place, organization of excursions, and lease of nautical tourism resources

1. RELATIONSHIP WITH USER OF SERVICES OR ARRANGEMENTS

CONTENT OF THE ARRANGEMENT

The organizer of your arrangement is a contractual partner of the Agency – Shipowner, who offers certain services, day trips, liner transport or rental of nautical facilities.

Travel agency BOATS AND TRIPS from Kanfanar, Putini 5, OIB: 45484139038 is an intermediary in the sale of tickets for the offered capacities of contractual partners and is not responsible for the quality of the offered and leased content.

PRICES OF ARRANGEMENTS / SERVICES

The prices of the arrangement are determined per person in kuna / euro for each program and are valid from the day of its publication, based on the price list of each individual Shipowner.

The organizer reserves the right to change the published prices in case of changes in prices of transport and other services, increase in fuel costs, etc., or in case of changes in the value of currencies that are the basis for calculating the price of the arrangement. The shipowner undertakes to timely, ie no later than 2 days before the application of the new prices, submit to the Agency a new price list according to which the services it offers on the market will be sold.

The certified price list of the shipowner, identical to the one submitted to the Agency, must be posted in its business units (vessels or points for renting vessels) during the provision of services.

WSPAY USAGE STATEMENT

BOATS AND TRIPS uses WSPay for online payments.
WSPay is a secure system for online payment, real-time payment, credit and debit cards and other payment methods. WSPay provides the customer and merchant with secure registration and transfer of entered card data, which is confirmed by the PCI DSS certificate that WSPay has. WSPay uses SSL certificate 256 bit encryption and TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transferring data.

STATEMENT ON PROTECTION OF PERSONAL DATA TRANSFER

Protection of personal data in accordance with the General Data Protection Regulation of the European Parliament and of the Council No. 2016/679-Regulation and the implementation of the General Data Protection Regulation

WSPay, as the executor of credit card authorization and collection, handles personal data as a processor and treats personal data in accordance with the General Data Protection Regulation of the European Parliament and the Council No. 2016/679 and the strict rules of the PCI DSS L1 data transmission.

WSPay uses SSL certificate 256 bit encryption and TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transferring data.

Personal data used for the purpose of authorization and collection, ie in the performance of obligations under the Agreement or under the Agreement, are considered confidential data.

The following personal data of the buyer are required for the execution of the Contract (authorizations and collection):

Name and surname
E-mail
Phone
Address
Place
Zip code
Country
Card type
Card number
Card life
CVV card code
WSPay does not process or use this personal information except for the purpose of enforcing the authorization and collection agreement.

WSPay guarantees the fulfillment of all conditions set by the applicable regulations on personal data protection for personal data processors, and in particular the taking of all necessary technical, organizational and security measures, and this is especially confirmed by the PCI DSS L1 certificate.

European Internet Platform for Dispute Resolution

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

REGISTRATION AND PAYMENTS

The agency will advertise the offered excursions on its website, along with the accompanying offer included in the price (e.g., food, drinks, etc.), the number of available seats, and the excursion price. It will also provide the option to make a down payment through the agency and pay the remaining amount on-site or in full (100% of the price).
The customer selects the desired excursion and fills out a questionnaire with their personal information and chosen options.
Upon receiving the payment into the agency’s bank account, the customer will receive a voucher containing the following information: the customer’s full name, the number of people using the service, the GPS location of departure, the time and date, the name and picture of the boat for the excursion, as well as the contact information of the boat owner, and more.
By confirming the reservation and making a down payment or paying the full amount of the arrangement, the passenger fully accepts these general terms and conditions.

ORGANIZER’S RIGHT TO CANCEL

The contracting parties agree that in case of breakdown or bad weather that would endanger the safety of the ship, crew and passengers, Shipowner may cancel the service, and the Agency is authorized to cancel the purchased tickets and return the paid funds to tourists.

The shipowner expressly consents that a guest of a confirmed reservation may cancel it free of charge, depending on the time the reservation request was made, and may cancel the reserved excursion service up to 24 hours before departure, and the leased service of floating objects (rent a boat, private excursion, taxi) up to 48 hours before the contracted date, or according to the conditions specified in each advertisement, while the ticket for regular transportation can be used at a later time at the discretion of the passenger.

RIGHT OF THE PASSENGER TO CANCEL

In the event of canceling the arrangement, the user of the service is entitled to free cancellation of the excursion arrangement at least 24 hours before the excursion departure, and at least 48 hours before departure for rent a boat, private excursion, taxi, and other vessels, or according to the conditions specified in each advertisement. In the event that, for some reason, the passenger is unable to use the ticket for regular transportation, it will be recognized and valid for a later transport. Refunds are not possible for purchased gift vouchers.

OBLIGATIONS OF THE ORGANIZER- SHIPOWNER

The organizer – Shipowner is obliged to take care of the performance of services with the attention of a good businessman, to take care of the rights and interests of passengers in accordance with good customs in tourism. The organizer is obliged to provide the passenger with all the listed services for a particular arrangement in the program and is responsible to the traveler for any non-performance of services or part of the services.

PASSENGER OBLIGATIONS

The passenger is obliged to take care that he personally meets the conditions provided by the regulations, to respect the house rules in the means of transport and the instructions of the captain of the ship, or the renter of certain nautical facilities. In case of non-compliance with these obligations, the passenger is responsible to the organizer of the trip / transport or the owner of the nautical facilities for the damage.

LUGGAGE

The traveler / user of the content will receive instructions on the things needed for a particular trip, such as bathing suits, sunscreen or insect repellent, possession of a boat or scooter, and similar.

2. RELATIONSHIP WITH THE SERVICE PROVIDER / SHIPOWNER AND THE AGREEMENT

CONCLUSION OF THE AGREEMENT

By accepting these general conditions and signing the Business Cooperation Agreement, and submitting the required information, the concluded Business Cooperation Agreement (hereinafter: the Agreement) will be considered by which the shipowner as the organizer and owner of certain nautical contents will put a certain number of free capacities for sale to the Agency. and that:

tickets for one-day tourist trips to famous places
tickets for regular transport by vessel on approved lines – one-time or return (transfer)
taxi boat
rent a boat owned by a shipowner such as: scooters, canoes, motor boats, dinghies and the similar.

The shipowner may agree to the general terms and conditions by confirming in the official e-mail, in person or through the user pages of the Agency.

CAPACITIES

With this Agreement, the shipowner undertakes to make available to the Agency in a timely manner the free capacities of tourist facilities he offers within its activity, at least 24 hours before the hour of use or departure.

The shipowner’s capacities, depending on the available dates, are rented in real time, at the same time as the guest’s request, only for a certain service, in a defined term, and always for a certain guest.

Booking of the mentioned services will be automatically stopped one hour before departure or the scheduled time of using the desired service, or exceptionally in the time interval determined by agreement between Shipowner and the Agency.

The Agency does not guarantee the filling of Shipowner’s capacities in any way, and therefore does not take any responsibility for their possible non-filling, although it is undoubtedly in the best interest of the Agency to maximize occupancy and price, considering that in that case, the profit that the Agency makes is higher.

RESERVATIONS AND COMMUNICATION

The Shipowner is obliged to ensure constant access to all communication media of which he informed the Agency, and therefore it is considered that the time of sending a message through a chat window, email or phone call of the agency message is also the time when he received it.

The Shipowner agrees that the time when the Agency sent him a notification of a confirmed reservation (by appearing within the ownership portal) is also recorded as the time when the Shipowner received the sent confirmation.

Each Agency confirmation of the reservation within the agreed option obliges the Shipowner to unconditionally accept the reservation in question. In case the Shipowner does not accept the reservation for some unjustified reason, which excludes force majeure, storm or malfunction and thus causes damage to the Agency, it is obliged to compensate the Agency and offer passengers / users an adequate period or refund as soon as possible.

All agreements made between the Agency and the Shipowner, as well as the Agency and the contact person, have supreme force in relation to this Agreement, but only for a specific reservation or legal transaction for which they have been agreed by telephone. The shipowner confirms that he will fulfill without agreement any obligation to which the contact person has agreed through a telephone conversation.

ADVERTISING

By signing this Agreement, Brodar gives its consent to the Agency to sell tickets for its services through its website, internet advertising channels, as well as through the distribution network of its partners (subagents), with which the Agency has signed agreements on business cooperation, and gives consent to the Agency to use the contents of websites, social networks and promotional materials in its ownership for the purpose of promotion.

Concluded reservation agreement with the Shipowner is considered any written or oral agreement defining the desired service, term, number of persons and prices, which results or will result in the use of tourist services in the organization and performance of Brodar, or any document related to booking services, as and any monetary transaction that accompanies the realization of that contract.

In the event of termination of this contract, no later than 24 hours from the date of termination, Shipowner will no longer be able to use the services of the Agency, as well as other profiles through which the Agency works and which are exclusively owned by the Agency, , and is otherwise liable for damages to the agency.

In the event of termination of the Agreement, the Shipowner is forbidden to use any name of the Agency (brand) BOAT AND TRIPS as well as any derivative of that name that reminds or associates with it.

AGENCY PROVISION

The Contracting Parties agree that the Agency Fee is:

25% of the selling price of each ticket for local excursions
15% of the selling price of a ticket for renting vessels (rent a boat, taxi boat, motor boats, scooters, jet skis, pedal boats, etc.)
10% of the selling price of a line ticket organized by the Shipowner

The contracting parties agree that in the event of using additional agency services, they will conclude an Annex to the contract to regulate their mutual relations.

WARRANTIES

The shipowner confirms that it is authorized to independently enter into a legal transaction by which the vessel in question is rented as tourist content intended for the provision of excursions, transport or rental of short-term tourist facilities.

If it is subsequently determined that Shipowner, as a signatory to the Agreement, does not have the powers it has stated in the previous paragraph of this Article, the Agency acquires the right to claim from the signatory of this Agreement the amount of damages which it would otherwise claim from the caterer for failure to fulfill its obligations under this Agreement.

The shipowner confirms that it is engaged in this activity in accordance with the Tourism Services Act (Official Gazette 130/17, 25/19, 98/19 and 42/20, 70/21) in accordance with other applicable and accompanying laws and regulations of the Republic of Croatia, and in particular that the nautical tourism vessel as such is registered in the prescribed register at the competent state administration office and has all valid decisions and approvals to perform contracted services with its vessel / facilities within its activities.

The Agency confirms that it is registered to perform the activities of travel agencies and that it is engaged in this activity in accordance with the Tourism Services Act (Official Gazette 130/17, 25/19, 98/19 and 42/20, 70 / 21), ie in accordance with other positive legal regulations of the Republic of Croatia.

ADDITIONAL SERVICES

The contracting parties agree that the total selling price between the parties is formed exclusively in relation to the transport or rental service, while all other possible revenues from other services provided by the Agency to the guest (such as taxis, guest information, etc.) belong exclusively to the Agency.

PAYMENT TERMS AND CONDITIONS

The Agency shall pay the full amount for the sold services in the past week to the Shipowner ‘s account within 14 days from the date of calculation for the previous week, reduced by the agency’s commission, or according to the agreed-upon schedule between the Shipowner and the Agency.

The contracting parties agree that services are calculated from Monday to Sunday and paid on the following Monday for the previous week, or according to the schedule mutually agreed upon by the Shipowner and the Agency. The Shipowner undertakes to provide the Agency with an invoice for the paid amount.

The Shipowner authorizes the Agency to collect invoices for services rendered from the guests on its behalf and for its account.

LIABILITY FOR DAMAGES

The contracting parties agree that the Agency, since it only deals with ticket sales, does not assume any responsibility for damages that may occur to excursion buyers, crew or vessels on the excursion, chartered vessel or transfer for which it sold the ticket.

The shipowner assumes personally or through the insurance company all responsibility for damages from persons and things and damages to third parties, in accordance with the provisions of Art. 1063.- 1080 LOR.

The shipowner is also liable for damages incurred in non-performance or partial or inadequate assumed obligations.

TERMINATION OF THE CONTRACT

The business cooperation agreement is concluded for an indefinite period of time, counting from the day of its conclusion and signing. Each contracting party has the right to unilaterally terminate the contract subject to a notice period of 30 days from the date of receipt of written notice of termination of the other contracting party, with the obligation to settle mutual obligations arising until the termination of the contract.

If one of the contracting parties violates any of the provisions of the contract and / or fails to perform any of the obligations under this contract, or subsequently signed Annexes, the other party complying with the contract is obliged to notify the contracting party in breach of the contract. it does not eliminate the violations within 7 days from the date of receipt of the written warning, the contracting party that respects the contract has the right to unilateral termination of the contract which enters into force on the day of written notice of termination, and the right to compensation.

The Parties undertake to maintain the complete secrecy of data, information and documents that will be received or received during the term of the Agreement.

All amendments to the business cooperation agreement must be made in writing (Annex) and signed by authorized persons of the contracting parties.

COMPLAINTS

The Contracting Parties agree that they shall endeavor to resolve any disagreements arising out of this Agreement in a peaceful manner. Otherwise, the territorial jurisdiction of the really competent court in Pula, ie the Commercial Court in Pazin, is contracted.

In particular, the Parties undertake not to go public or publish in the media in the event of a dispute related to breach of the provisions of the Agreement or misinterpretation of the Agreement, with any details until a final court judgment, as subjective would damage the reputation and business success of the other party or third parties. A party who violates this paragraph agrees to compensate the other party or other injured parties.

The shipowner must conduct all its business activities in a way that will protect and raise the reputation and commercial image of the Agency’s brand.

GDPR AND SECRECY

There is a business relationship between the Agency and the Shipowner based on the provision of sales of tourist services through the information system that the Agency performs to order and for the needs of the Shipowner, and the Agency has access to personal data and information from various persons (hereinafter “Respondents”) who use the services of the shipowner, and the Agency undertakes to comply with this Agreement and to comply with security obligations and all other aspects of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, outside the scope of Directive 95/46 / EC (hereinafter the Regulation) and the Croatian Personal Data Protection Act (hereinafter HZZOP).

The Agency is only responsible for the processing of personal data within this business relationship and is not responsible for other processing of personal data, including processing performed for the Shipowner by a third party.

The Agency shall endeavor to take appropriate technical and organizational measures against loss or any form of unlawful processing (such as unauthorized detection, destruction, alteration, deletion, etc.) and shall endeavor to ensure that security measures are reasonable, taking into account the state of the art. data and costs related to security measures.

All personal data received by the Agency from the Shipowner and vice versa are subject to the obligation of professional secrecy towards third parties, unless there is a legal obligation to provide information to third parties.

BUSINESS SECRET

The contracting parties undertake to keep the facts known to them in the performance of their obligations under this contract, which may be of business importance, as a business secret.

With the mutual consent of the contracting parties, within this contract, and in order to implement it, may be concluded, if necessary, annexes to specify the rights and obligations or moments important, both for the execution of the contract as a whole and for specific tasks under this contract.

The Parties are obliged to exchange information and data with each other on request or without it, as well as changes, additions or completely new facts relevant to the successful implementation of planned joint projects.

FINAL PROVISIONS

All possible deviations from these general conditions must be stated on the pre-contractual information / exposed offer of services for which tickets are sold and must be delivered to the service user or. Shipowner with the Contract or in the contract itself, ie. on the voucher.

In the event of a dispute against a passenger or the Aagency, the territorially competent court for the Agency shall have jurisdiction.