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General terms and conditions
These General Terms and Conditions of using the Website at the web address www.triphit.com (hereinafter: the General Terms and Conditions) establish the basis of the obligatory, contractual and extra contractual relations between the Travel Agency, as the owner of the Website at the web address www.triphit.com and natural persons - customers (hereinafter: the Users) accessing the website at the web address www.triphit.com (hereinafter: the Website).
Within the meaning of these General Terms and Conditions, the Travel Agency is:
ATLAS plus d.o.o.
Dr. Ante Starčevića 45
Republic of Croatia
Transaction account maintained by Zagrebačka banka d.d.. Zagreb, Trg bana Josipa Jelačića 10
The Travel Agency is registered with the Court of Commerce in Dubrovnik under Subject Register Number: 081180387.
The Travel Agency is authorised to transfer, at any time and without prior or subsequent notice, all rights and obligations from legal relations incurred through the Website to its affiliate or to a third person.
Within the meaning of these General Terms and Conditions, the User is a natural person - a customer, accessing the Website and competent to carry rights and obligations. The User is also considered to be a natural person with whom the Travel Agency enters into agreements, directly or through an authorised representative/legal representative/guardian or through the Website in accordance with applicable regulations, or to whom the Travel Agency provides certain tourist services through the Website, which are not intended for the User's economic activity nor for carrying out professional activities. Within the meaning of these General Terms and Conditions, the User is also considered to be any natural person who requested and received a tourist service from the Travel Agency through the Website.
Through the Website, the Travel Agency provides the Users with the services of intermediation between the accommodation and air transport service providers, on one side, and the end user of these services, on the other side.
These General Terms and Conditions are applicable to all actions taken on the Website by the User, from the moment of accessing the Website.
Using the website
The Website serves the Users for checking the availability of tourist services, making bookings and for other allowed communication between the User, the suppliers, who are the tourist service providers, and the Travel Agency. The Travel Agency and the supplier, who is the tourist service provider, shall not offer any other service through the Website, if not previously explicitly specified herein. The information published on the Website shall not constitute an offer within the meaning of the provision of the Civil Obligations Act of the Republic of Croatia, but shall constitute an invitation to the User to make an offer under the published conditions.
The User shall undertake all obligations engendered from use of the Website by persons for whom he is responsible in accordance with the general or special regulation.
Limitation of purpose and ways of using the website
The User undertakes the obligation to use the Website solely for consumer purposes and shall refrain from any use of the Website for the purpose of gaining profit.
The User is not authorised to enter any modifications, copy, distribute, transmit, display, reproduce, publish, sell, resell, licence and crate derivatives with regard to software, products, services or other information contained on the Website, unless otherwise explicitly specified in these General Terms and Conditions.
The following actions may cause significant harm to legal interests of the Travel Agency and may engender civil or criminal procedures to be initiated against the User and other parties, which:
• access, monitor or copy any content on the Website using a robot, spider, scraper or other automated means or any manual process, for any purpose and without the explicit written permission issued by the Travel Agency;
• take any action to prevent the operation of the http robot on the Website or bypass other measures employed to prevent or limit access to the Website;
• take any action to cause or is able to cause overburdening of the infrastructure of the Website;
• install hyperlinks to any part of the Website without obtaining prior written permission issued by the Travel Agency;
• use the Website in a way and with the purpose that is prohibited by the general or special regulation.
The carried out or attempted actions by the User on or in relation to the Website, which are not in accordance with the intended purpose of the Website, in particular the over-exploitation, misleading, use of the contents in prohibited purposes or in a prohibited way and commercial use, authorise the Travel Agency to unilaterally cancel all bookings related to the name, e-mail address or account of the User, at any time and without any prior special notice, and to close all related accounts on the Website. The actions specified in this paragraph may engender civil or criminal procedures to be initiated before the competent court or other body. The User who regards the sanctions undertaken to be without foundation may submit a request to the Website User Services.
The User is not authorised to book more than 10 rooms at the same hotel and for the same dates. If the User books more than 10 rooms through one or several bookings at the same hotel and for the same dates, the Travel Agency shall be authorised to cancel any individual or all bookings made by the User and shall acquire the right for compensation for cancelation of the booking. In case of circumstances described in this paragraph, the User who paid the deposit shall lose the right to deposit refund. The User who intends to book 10 or more rooms at the same hotel and for the same dates is advised to communicate this intent by telephone and in advance to the Travel Agency Customer Services, which shall process the User's request and at its sole discretion instruct the User to undertake any possible further actions for the purpose of completing the desired booking, which actions may include entering into written agreement and payment of an non-refundable deposit on User's part.
Liability for damages and fulfilment of obligation
The Travel Agency is liable solely for the damages caused to the User on purpose or in gross negligence while acting as intermediary for tourist services sale.
The provision of accommodation and air transport services in relation to which the User has entered into agreement through the Website is sole liability of the providers of these individual services.
The accommodation and air transport services offered by individual service providers to the Users through the Website shall in no case be considered package arrangements and subsequently no obligations shall be assumed by the Travel Agency for the liability of the travel organiser.
The Travel Agency is not liable for the accuracy of information on products and services contained on the Website, nor for any possible or occasional changes to this information.
The User is liable to the Travel Agency for any damages caused to the Travel Agency by unlawful action on User's part.
If any individual accommodation and air transport service provider offering such service through the Website sustains any damages as a result of unlawful action on part of the User, the User shall compensate the service provider for all sustained damages.
The Website may contain links to other websites maintained by persons other than the Travel Agency. The Travel Agency shall undertake no rights nor obligations arising from the use of such links on User's part.
The software, HTML codes and ActiveX controls on the Website (hereinafter: the Software) are the intellectual property of the Travel Agency or the Travel Agency is the user rights holder. These rights are protected against unauthorised access, reproduction or distribution by general and special regulations governing private and public rights. The User is authorised to use the Software solely to the extent and in accordance with these General Terms and Conditions and possible separate terms and conditions of use published by the Travel Agency.
The User is solely authorised to use the Software for the purpose of browsing the Website and undertaking other actions for which he is explicitly authorised.
Authorisations of the User with regard to the Software are subject to export restrictions in accordance with always applicable positive regulations of the Republic of Croatia and the European Union.
Prices and payment
Service price paid by the User is consistent with the service price stated on the Website except when the price on the Website is clearly wrong in which case the Travel Agency shall inform the User who has booked the service about the real price. In this case, the User is entitled to keep the booking and pay the real price of the booked service or to cancel the booking without any cancellation fee. The Travel Agency, that is individual service provider, shall not be obliged to provide the service for which the booking was confirmed if the booking has been made and confirmed by applying wrong service price.
The price paid by the User consist of the tourist service price that belongs to the individual service provider, the intermediation service price that belongs to the Travel Agency and the pertaining taxes, fees, duties and other charges paid in accordance with applicable positive regulations. The User undertakes the obligation to pay such defined price, as well as any possible subsequent increase in the price, in case of increase in any of the elements constituting the total price, including increase due to fluctuations in the agreed currency exchange rate. Any increase of which the Travel Agency informed the User after the User received the booking confirmation from the Travel Agency, that is after the agreement on the provision of tourist service has been concluded, shall be considered the subsequent increase in price. If the subsequent increase in price exceeds the previously defined price, according to which the booking has been confirmed, by more than 10%, then the User is authorised to cancel the booking, with no booking cancellation clauses applying and with the right to receive a refund of the monies paid for the cancelled booking.
The User shall pay for individual service electronically or by bank transfer upon booking such service. Individual service shall be considered booked after the User correctly submits the requested information for the credit card used for payment to the Travel Agency and upon fulfilment of other conditions required at the discretion of the Travel Agency, such as validity of the credit card used for payment and availability of funds in the account, or credit card, which shall be confirmed by the credit card issuing bank. The Travel Agency reserves the right to cancel the booking if the total amount has not been received in due time.
Booking change or cancellation
The User may be authorised to change or cancel the booking in accordance with the terms and conditions applicable to the particular services that are the subject of the booking, by sending an e-mail message to the e-mail address email@example.com. The User undertakes the obligation to pay the cancellation or change fee in the amount defined by the terms and conditions applicable to the individual service that is the subject of the booking.
After making the booking, the User is authorised to change the guest name, bed type, smoking option, special requests, accessibility option for persons with disability, room type, number of guests and dates of using the service. The specified changes are subject to general and special terms and conditions for the service the changes refer to.
Although majority of travel, including travel to international destinations, are completed according to travel plans, travel to particular destinations may carry higher risks by comparison with travel to other destinations. The Travel Agency recommends the Users to research travel restrictions, warnings, announcements and advisories issued by the authorized and competent authority in their country. Any special offers for transport and accommodation to particular international destinations published on the Website shall not represent the recommendation by the Travel Agency nor in relation to such offers shall the Travel Agency guarantee or be held liable for any damages incurred by the User during or from using such tourist services.
Individual services terms and conditions
All services published on the Website are offered subject to special individual services terms and conditions. By booking the service the User confirms to be fully familiar and in agreement with all terms and conditions for such booked service. Noncompliance with individual service terms and conditions on part of the User authorises the Travel Agency and the supplier, who is the individual service provider, to cancel the reservation unilaterally without any special notice, to prohibit the use of the service that is the subject of the booking and to retain the monies paid in for such services, as well as to seek indemnification for the total damages arising therefrom.
Intellectual property rights
The entire content of the Website, including among else figurative and verbal trademarks, photographs, text and audio visual contents, is protected under copyright or under other related rights of the Travel Agency or the supplier, who is the service provider, unless otherwise explicitly specified in these General Terms and Conditions or in any other appropriate way.
The Travel Agency takes care of own copyright and other related rights, as well as of rights of other persons. The User who notices any violation of intellectual property rights is invited to inform the Travel Agency of this fact by sending an e-mail message to the address firstname.lastname@example.org.
Reviews, comments, photographs and other contents of the user
The Travel Agency may authorise the User to post reviews, photographs and other permissible content to the Website, regarding the services published on the Website, under the conditions set forth in these General Terms and Conditions and other applicable regulations.
By posting a review on the Website the User transfers all copyrights and other related rights on or in relation to the review to the Travel Agency. At the moment the review is published on the Website, the Travel Agency acquires the unlimited right to further transmit, reproduce, process, publish and display, modify, remove or permanently delete the review. Along with the review, the Travel Agency reserves the right to disclose the identity and other information about the User, without affecting the copyrights.
Publication of the review is subject to the following cumulative terms and conditions:
• The review must be adequate to the tourist service it refers to.
• The User must be the rights holder for the review and authorised to transfer such rights to other persons.
• The review must contain true factual statements.
• The review must not contain information or statements that may cause material or non-material damages, nor any content that could be considered illegal to publish.
• The review must not be intellectual property of any third person.
Regardless of the transfer of copyrights and related rights, the User remains liable to the Travel Agency and to the third persons for all views and factual statements contained in the reviews. The reviews shall at any time reflect solely the views and statements of the User who posted the review onto the Website. The Travel Agency shall in no way encourage, direct or in any other way influence the contents of the reviews. Therefore, the reviews shall not represent the views or statements of the Travel Agency. Any decisions made based on or with help of the reviews the Users shall take independently and with no influence relevant by law on part of the Travel Agency.
The Travel Agency may offer occasional incentives to the Users for publishing a review on the Website, such as discounts, participation in prize draws and other competitions. Starting from the intention of the Travel Agency to have the reviews that reflect the actual, objective and sincere opinions of the User, the mentioned incentives shall be implemented with regard to the reviews, that is to the Users, regardless whether the review by the User shall be positive or negative.
The Travel Agency is authorised to post, remove or suppress the review, at any time, without stating the reasons and without any special notice. This provision also refers to the situation when the Travel Agency receives a complaint from a third party with regard to the review, or if it is probable that the User who posted the review thus acts contrary to these General Terms and Conditions or any other regulation.
By posting photographs on the Website the User shall not transfer the copyright or related right on the photograph to the Travel Agency. The Travel Agency may propose to the User to transfer the copyright or related right on the photograph. The Travel Agency shall in no way be held liable for the content of the photograph published by the User nor for the fact that the User published the photograph on the Website.
Publication of photographs on the Website is subject to the following cumulative terms and conditions:
• The content of the photograph must be clearly related to the services published on the Website.
• The content of the photograph may not be contrary to any applicable regulation.
• The photographs may not violate the privacy or in any other way affect the personality rights and rights to protection of personal data of any natural or legal person.
• It is especially prohibited to publish any photographs that contain images of third persons without their prior consent, that is without prior parental consent in case of any image of a minor.
• Publication is permitted only for the photographs in respect of which the User asserts the intellectual or other relevant right to authorise the publication. Publication of photographs originating from any sources that are in any part or in any way beyond full control of the User is prohibited.
• Publication of photographs violating copyrights or related rights, trademark, patent, industrial design or any other intellectual property right of any person other that the User is prohibited.
• Publication of photographs containing commercial elements such as a logo, brand, promotional material or any other content intended for commercial purpose is prohibited.
• The User is forewarned that sending files containing viruses or other malicious codes may result in implementation of criminal sanctions and civil liability.
• The sent photographs must be in .jpg, .bmp, .gif or.png format.
The Travel Agency is authorised at any time, without prior notice or explanation, to remove from the Website any content posted or published by the User. The fact that the User posted or published any content on the Website shall not result in any separate right on User's part.
Any complaints, comments or suggestions with regard to the reviews, photographs or other contents published by the User shall be sent to the e-mail address email@example.com with marked identity of the sender.
The User authorises the Travel Agency to use electronic communication for the purpose of direct promotion and sale.
The Travel Agency is authorised to use data on electronic mail addresses, obtained from the Users, for the purpose of selling products and services, for direct promotion and sale of own similar products and services.
The User has the right to a free and simple objection to such use of data on electronic mail addresses and the right to refuse such use of data in advance.
The User authorises the Travel Agency to use personal data of the User for the purpose of carrying out any legal activities in relation to which the data had been provided and further authorises the Travel Agency to forward the personal data of the User to the provider of the tourist service in relation to which the User had made the booking through the Website.
The relation between the User and the Travel Agency with regard to the Website shall be governed by the material law of the Republic of Croatia without regard for the conventions of the United Nations and regulations of the Republic of Croatian on the conflict of laws.
In case of any interpretation dispute of these Terms and Conditions published in language different from the Croatian language, the version published in Croatian language shall supersede any other version.
For any dispute arising from the use of the Website by the User the court with subject matter jurisdiction shall be the court in Zagreb.
The User located within the territorial jurisdiction defending the carrying out of provisions of the se General Terms and Conditions is not authorised to use the Website.
The Travel Agency reserves the right to amend these General Terms and Conditions. Amendments to the General Terms and Conditions the Travel Agency shall make available to the Clients on the Website.
These General Terms and Conditions supplement any special agreements between the User and the Travel Agency, and are deemed binding as well as the special agreements. In case of any discrepancies between the General Terms and Conditions and special agreements, the latter shall prevail. The General Terms and Conditions are deemed binding for the User and for the Travel Agency.