Version August 18th 2023

General Terms and Conditions

These General Terms and Conditions and the Privacy Policy govern the To Do in Istria online booking platform (from now on the Platform), which can be accessed through https://www.todoinistria.com/. The To Do in Istria platform is available to users worldwide. All dates and starting times are specified in the local time and time zone, which is the Central European Time (CET) zone, UTC+1. During Daylight Saving Time, it observes Central European Summer Time (CEST), UTC+2.

These To Do in Istria General Terms and Conditions apply to all visitors to and users of the Platform and its content. Unless more specific terms and conditions for a particular service prevail, should this be the case, IRTA d.o.o. will make this clear at the appropriate time. You must comply with these General Terms and Conditions and Privacy Policy as soon as you use the Platform. Therefore, please read them carefully during your first use.

General Terms and Conditions shall be valid for any purchase on the Platform. Therefore, you should carefully read and accept the General Terms and Conditions before purchasing any services provided on the Platform. Use of the Platform means you have read, understood, and agreed to be bound by all parts of the General Terms and Conditions and the Privacy Policy. If you do not agree with these Terms of Use, you cannot access or use the services.

About us

IRTA d.o.o. is the To Do in Istria platform operator and is responsible for it accordingly. IRTA d.o.o. operates the Platform as an intermediary platform on which tours and activities are offered online by various local activities and service providers/suppliers.

To Do in Istria platform helps Users find and book travel experiences. IRTA d.o.o. does not provide such experiences on its behalf, unless indicated otherwise. When booking, you will purchase a tour, an entry ticket, or other services directly from the third-party Supplier.

This Platform (including sub-sites and text, images, videos, software, products, services, and other information contained in or presented on the Platform) is owned or provided by IRTA d.o.o.

Contact details

Istrian Tourism Development Agency, IRTA d.o.o.

Pionirska 1a, 52440 Poreč

Telephone: +385 (0)52 858 420

Mobile: +385 (0)95 285 8420

Email: info@todoinistria.com

Bookings made through the Platform are subject to the General Terms and Conditions of IRTA d.o.o.

IRTA d.o.o. shall provide this Platform to visitors and Suppliers of tours or tourist services and certain cooperating partners (sub-agents/distribution partners) to book the Supplier’s tourist services. The use of this Platform by sub-agents or distribution partners shall be subject to a separate contractual agreement. It shall not be permitted without the prior written authorization of IRTA d.o.o.

Contracts for tourist services shall be concluded directly between the Users of this booking Platform and the Suppliers of tours or other tourist services. If Users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a User of a connected partner Platform, a corresponding contract shall be concluded directly between this User and the Supplier.

Unless stated otherwise, IRTA d.o.o. is not a contracting party regarding this booking platform’s tourist services.

Terms of Use

The information on this Platform is for general informational purposes only. Information on this Platform does not constitute an offer binding to us. Binding agreements with Suppliers of activities available on the Platform require a completed booking through the Platform according to the General Terms and Conditions of the Platform.

While IRTA d.o.o. tries to ensure that the information on the Platform is accurate, it does not provide any warranties, expressed or implied, about its correctness, completeness, or suitability for any purpose. Any information provided by Suppliers is subject to change at any given moment.

IRTA d.o.o. may change, add, or remove information on the Platform and its structure and functions at any time at its sole discretion, without expressly informing of any such change or removing outdated information or characterizing it as such. IRTA d.o.o. may also block Users from accessing the Platform or parts of it or require certain conditions to be fulfilled. IRTA d.o.o. does not provide any warranties, express or implied, about the Platform’s availability or its functions, that the Platform is free from defects, or that the Platform and the infrastructure on which it runs are free from viruses and other harmful software.

IRTA d.o.o. excludes its liability and its agents and independent contractors, their employees, officers, sub-agents, or distribution partners for damages relating to your access (or inability to access) to the Platform. Any errors or omissions, or the results obtained from using the Platform, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Liability restrictions do not apply within the scope of guarantees issued in case of an injury to life, limb, or health or for claims based on product liability regulation.

IRTA d.o.o. may amend these Terms of Use with immediate effect.

User Terms and Conditions for the online offer of the Platform

On the Platform, Users can find and book tours, activities, and experiences in Istria. The Platform offer comprises:
– guided tours,
– gourmet experiences,
– sightseeing tours,
– water activities,
– nature and outdoor activities,
– history and cultural attractions and related activities,
– entry tickets and other services.

The offers are placed online by a range of local Suppliers around Istria with whom the respective contract for tourist services concluded. The Suppliers’ services can be accessed via the Platform, and bookings can be made.

The booking method for each offer shall be clearly stated in the booking details. There are two booking methods on the Platform:
– Instant booking (automatic completion of the reservation with the specified, predetermined date and time of customer arrival without prior approval from the provider);
– Booking on request (delayed completion of the reservation with the specified date and time of customer arrival, which is finalized after the provider personally approves the reservation).

For these General Terms and Conditions, the following applies:
a) A „consumer” is any natural person who has concluded a legal transaction for purposes that cannot be predominantly assigned to commercial, business, handicraft, or professional activities (Croatian Consumer Protection Act, Zakon o zaštiti potrošača – NN 19/22).
b) A „company” is a natural person, legal entity, or partnership, performing commercial or independent activities by concluding this contract (Croatian Companies Act, Zakon o trgovačkim društvima).
c) The „User” denotes a natural person.

These General Terms and Conditions apply to any use of the Platform. The contractual relationship between the User and IRTA d.o.o. generally only comprises the proper referral of Users to the respective Supplier and vice versa.
Unless indicated otherwise on the booking offer, IRTA d.o.o. shall not be the organizer, seller, or another contract partner concerning the tourist service agreement with the User.

Consequently, the General Terms and Conditions of IRTA d.o.o. shall apply to offers on the Platform and all its Users. The General Terms and Conditions apply to the use of the Platform by cooperating partners, subject to special contractual agreements concluded with IRTA d.o.o. as an intermediary and owner of the Platform.

Registration

The use of the Platform’s offer can generally be done anonymously.

Certain types of platform use require registration. The User sends an electronic registration form and consents to the General Terms and Conditions during registration. The registration with IRTA d.o.o. is only concluded once a confirmation is sent to the email address specified by the User. Individuals must be over the age of 18 to register. The User has to keep the password they set secret and take suitable precautions to prevent third parties from becoming aware of it.

Creating more than one User account for the same individual is not permitted. They cannot transfer the User account.

Services of IRTA d.o.o. as intermediary/Conclusion of contract

All necessary information is stated in the respective booking offer on the Platform. If any changes occur to the Supplier’s booking conditions for their offer on the Platform and their services after a reservation has been completed, IRTA d.o.o. shall notify the User by email. The User is responsible for meeting and complying with these conditions. The Supplier reserves the right not to allow the User to partake in the booked activity if they do not meet the requirements. In this case, the paid price shall not be refunded.

IRTA d.o.o. shall provide the User with a booking confirmation issued by email in the name of, and on behalf of the Supplier, and a payment confirmation issued by Stripe. The Platform itself is free of charge for the User. IRTA d.o.o. is permitted to collect the invoiced amounts in the name of the Supplier’s behalf.

IRTA d.o.o. shall forward the User any data to use a Supplier’s service according to the applicable conditions (such as ticket data) once the Supplier has provided them.

IRTA d.o.o. assumes no guarantee for the accuracy of forwarded data or the performance of services by the Supplier, as all the information indicated and delivered is based on data from Suppliers or third parties, which IRTA d.o.o. cannot check in detail.

Payments on the Platform

The service agreement concluded with the Supplier shall apply to the fees to be paid by the User for the Supplier’s services. As an intermediary, the costs shall be paid directly to IRTA d.o.o. The Supplier shall issue the invoice according to the signed Contract of collaboration with IRTA d.o.o.

While conducting payments on the Platform, you use Stripe – an advanced system for secure acceptance of credit cards on the Internet.
The Stripe system ensures complete privacy of your credit card and personal data from entering the Stripe payment form. Data required for billing is encrypted from your web browser to the bank issuing your payment card. Our Platform never comes into contact with your sensitive payment card data. Stripe is a certified PCI Service Provider Level 1. Stripe uses best-in-class security tools and practices to maintain a high level of security. We collect only the data necessary for performing the work following the demanding prescribed procedures for online payment.

IRTA d.o.o. is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If necessary, IRTA can also process a refund to the User. All information regarding the transfer of funds is included in the Contract of Collaboration for Suppliers.

Upon the payment authorization, the User consents to their payment information being used to collect payments by the creditor.

Pricing on the To Do in Istria platform (IRTA d.o.o.)

All prices on the Platform are quoted per person unless stated otherwise and include VAT and all other taxes stated in the booking offer.

These prices specified by the Suppliers may be subjected to special conditions, such as cancellation and the refunding of payments made. Before booking, please check whether the respective service agreement is subject to different conditions.

Cancellation policy and unilateral withdrawal of the booking contract

Following Consumer Protection Act, Article 79 (Zakon o zaštiti potrošača), the User shall have the right to inform IRTA d.o.o. of their decision to cancel the booked activity. The User has the right to unilaterally cancel the booking created on this Platform. In this case, charges may apply, depending on the stated Cancellation policy available on every booking offer.

The Platform has a general Cancellation policy for Users which states:
– Users have the right to cancel the booked services up to 24 hours in advance and are entitled to receive a full refund. A refund can only be granted if the booked services are canceled in that period.

If a Supplier has a different Cancellation policy from the general Cancellation policy of the Platform, it shall be stated on the respective booking offer.

The Users shall inform IRTA d.o.o. by email of their decision to withdraw from the booking by making a cancellation of the completed booking. Users shall state their name, surname, address, telephone number, and email.

The User shall be deemed to have delivered the cancellation statement when the User sends it within the time limit stated in the respective Cancellation policy for the booking.

In the event of a cancellation by a User, if charges do not apply according to the stated Cancellation policy, IRTA d.o.o. shall immediately, or not later than 14 days from the day on which it receives the User’s decision to withdraw from the completed booking, reimburse all payments received from the User.

When using the “instant booking” feature on certain offers, both the User and Supplier will receive an automatic booking confirmation by email. This type of booking does not require additional confirmation or approval from the Supplier.
When a user uses the “book on request” feature for certain offers, both the user and the supplier will receive an email regarding the booking request. The supplier is required to respond within 6 business hours by either accepting or rejecting the booking request. If the supplier fails to respond within the designated time limit, the administrators of the platform will contact the supplier to check the availability of the booked service. If the supplier doesn’t provide the necessary information, the booking will be automatically canceled.
When a user uses the “book on request” feature, they have 24 hours to complete the transaction from the time of confirmation of their booking. Otherwise, the created booking is not valid and payments in cash on-site are not allowed.  However, if the booking is made less than 24 hours before the starting time of the tour, different rules apply. In such cases, the time limit for payment of the booked service will be determined through an agreement with the Supplier and the customer.

The Supplier may cancel the activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes, or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier’s control (events of force majeure) make it impossible or significantly impede or endanger the performance of the booked activity.
If a Supplier, by any means, cannot perform the booked activities, the created booking can be changed or canceled. In the event of a cancellation by a Supplier, all rules that apply to Suppliers are stated in the signed Contract of collaboration with IRTA d.o.o. In such case, IRTA shall inform Users of such changes and in case of cancellation shall reimburse all payments received from the User.

IRTA d.o.o. shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction unless the User has expressly requested the use of other standards and provided that the User does not incur any fees because of such reimbursement.

Availability and warranty

There is no guarantee claim for availability, quality or service features, or technical support for the Platform. IRTA d.o.o. can redesign, reduce, or suspend its online platform at any time, at its discretion. Existing User agreements with a Supplier and the execution of these agreements remain unaffected by these changes.

IRTA d.o.o. does not provide any guarantee or warranty for the accuracy or completeness of data provided by Suppliers. However, Suppliers are bound by their signed Contract of collaboration with IRTA d.o.o. to timely update all necessary information regarding their offer on the Platform.

IRTA d.o.o. does not provide any guarantee or warranty for the Suppliers’ services. Unless stated otherwise, the contract partner of the User in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.

Provided that IRTA d.o.o. does not have any obligation to the User, IRTA d.o.o. also provides no guarantee.

Liability of IRTA d.o.o.

As an intermediary and owner of the platform, IRTA d.o.o. has not assumed a contractual obligation utilizing an explicit agreement with the User. By completing a booking, the User shall create a contractual obligation directly with the Supplier of the booked activities. In such case, IRTA d.o.o is not liable for the realization of any related agreements with Suppliers in line with the User’s booking request.

Without an explicit agreement or assurance, IRTA d.o.o. is not liable for defects in the service performance and personal or material damage to the User or Supplier in connection with any booking made on the Platform.
Suppliers are independent contractors and not agents or employees of IRTA d.o.o. IRTA d.o.o. is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, in the event of an injury to life, limb, or health or for claims of such, based on product liability regulation resulting from there or otherwise arising from any booking or activity.

Any liability of IRTA d.o.o. due to the culpable violation of obligations in the brokering of contracts remains unaffected by the above-mentioned conditions.

No liability shall exist in cases of force majeure, including but not limited to failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.

Termination of services

Users can cancel their registration on the Platform by blocking their User account. If a User does not abide by the General Terms and Conditions of the Platform or in any way breaks or violates the Privacy Policy of the Platform, IRTA d.o.o. can cancel a registration of a User unilaterally with one week’s notice. Claims which have arisen before this is done remain unaffected. The right to extraordinary cancellation remains unaffected.

Suppliers can cancel their registration on the Platform by unilaterally terminating their signed Contract of collaboration with IRTA d.o.o. All terms that apply in such cases are stated in the Contract. IRTA d.o.o. can cancel a Supplier registration unilaterally with 15 days’ notice.

If the Supplier does not abide by the rules of conduct defined by this General Terms and Conditions, Privacy policy, and the signed Contract of collaboration with IRTA d.o.o., IRTA d.o.o. is entitled to take the following steps:
– Send a written warning to the Supplier regarding the breach and the resulting damage.
– If the Supplier commits a repeated breach within 14 days of the first warning, IRTA d.o.o. is entitled to temporarily freeze/deactivate their offer/products on the platform for 14 days and prevent further booking. IRTA d.o.o. shall cancel all created bookings during the freeze period.
– If the Supplier breaches the rules and obligations defined by this Agreement again at any time after the penalty described above, IRTA d.o.o. is entitled to terminate the Agreement with a notice period of 15 days.

The Supplier has the right to file a complaint within two working days of IRTA d.o.o.’s decision to terminate the Agreement. The objections must be submitted in writing via email to info@todoinistria.com. IRTA d.o.o. commits to reviewing them and providing a resolution to the Supplier within two working days of receiving the complaint.

By using the Platform, it is assumed that all Users have read, understood, and accepted these General Terms and Conditions and are therefore obliged to comply with them.

 

Kliknite ovdje (hrvatska verzija) – Opće odredbe i uvjeti poslovanja platforme To Do in Istria

 

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