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Terms and Conditions

Article – Date of Publishing: August 23, 2016

INTRODUCTION

Welcome to our website, REALCROATIA (collectively, "RC", “Site”, “Website”) provided to assist you in finding the best service for you which means all types of accommodations, trips, activities, packages and other fun and/or wishful stuff throughout Adriatic coast as well as continental parts of Croatia (collectively Service).

Whether you are experienced traveller and/or Internet user or just a begginer, our aim is to offer you a friendly interface and services in order to make it easier for you to choose an unforgettable holiday.

RealCroatia is operated by Real Experience ltd and its corporate affiliates (collectively, "us", "we" or "the Company").

You, (the ”User”) may use the website at www.realcroatia.com or the mobile version of the Site upon your acceptance without any modifications of these terms and conditions (the “Terms and Conditions”), which means that by using the Site you are confirming that you have read, understand and agree to be bound by these Terms and Conditions.

Please read these Terms and Conditions carefully before using or obtaining any materials, information, products or services through this Site. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

By accessing, using or obtaining any content, data, materials, information, products or services through the Website, you agree to be bound by these Terms and Conditions. If you do not accept all of these Terms and Conditions, then you may not use our Website.

Your use of and access to our website do not grant you any license or right to use any of the materials included on our website. You will not copy or transmit any of the material, except for your personal, non-commercial use on your computer.

We may, from time to time, at our sole discretion, change, modify, add, or delete portions of these Terms and Conditions without any special notice. If we do this, we will post such changes on this page and will indicate at the top the date of such change. If you continue to use the Site after any such changes it will mean that you accept the new Terms and Conditions. If you do not agree with these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OR SHOULD YOU OBJECT TO ANY CLAUSE OF THESE TERMS AND CONDITIONS, YOU SHOULD LEAVE THE SITE AND SHOULD STOP USING OUR WEBSITE AND SERVICES.


1. THE SERVICE AND WHAT WE OFFER

1.1. OUR WEBSITE ALLOWS YOU TO BOOK ONLINE EVERY KIND OF TRAVEL SERVICE AND THAT MEANS ALL TYPES OF TEMPORARY ACCOMMODATIONS (FOR EXAMPLE HOTELS, MOTELS, HOSTELS, BED & BREAKFASTS, PRIVATE FAMILY ACCOMMODATIONS, ETC), AND TO FIND TRAVEL PRODUCTS, TRIPS, ACTIVITES, GOURMET PURSUITS, TRAVEL/HOLIDAY PACKAGES AND ASSITS YOU IN GATHERING ALL RELEVANT TRAVEL INFORMATION IN ORDER FOR YOU TO MAKE AN INFORMATIVE DECISION ABOUT ALL ELEMENTS OF YOUR VACATION.

1.2. WE PROVIDE THE SERVICES AND CONDUCT PROMOTIONAL SALE OF THE PRODUCTS/SERVICES and endeavour to deliver the contracted products/services in the best possible way, following the industry quality standards and providing the best possible experience for you as the User.
By doing that we sometimes ACT AS AN INTERMEDIARY IN THE TRANSACTIONS INVOLVED WITH THIRD PARTIES.

We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those service providers who provide sport activities, extreme sport and all activities related. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force of events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.

1.3. Reservation request for the Service made via online reservation system will be transmitted to the appropriate service provider. By making a booking through our Website, you make an offer to book a reservation for the Service at the price listed for such reservation and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by us, which in turn means the reservation has been confirmed by the service provider.

1.4. In order to use our service, you agree to provide accurate and complete personal information as required on the registration form and promptly update the data in order to maintain its accuracy and completeness. If you provide any information that is found to be inaccurate, we retain the right to suspend or terminate your membership and to refuse any and all current or future use of our service.

1.5. The registered personal data and additional information are subject to our privacy policy. For more information, please refer to our Privacy Policy.


2. USE OF THE WEBSITE

2.1. As a condition of your use of our Website, you warrant that (i) all information supplied by you on our Website is true, accurate, current and complete; (ii) you are at least eighteen (18) years old; (iii) you possess the legal authority to create a binding legal obligation; (iv) you will use this Website in accordance with these Terms and Conditions; (v) if you have a RC account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

2.2. We retain the right at our sole discretion to deny access to anyone to this Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.
 

3. PROHIBITED ACTIVITIES

3.1. As a condition of your use of this Website, you warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, and notices.

3.2. The content and information on this Website (including, but not limited to, messages, data, text, music, sound, photos, graphic, video, maps, icons, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to the Company. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through our Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

i. use this Website or its contents for any commercial purpose;
ii. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
iii. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iv. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
v. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
vi. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
vii. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization, or try to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site and/or the services.

In case that your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any bookings associated with your name, email address or account, and close any associated RC accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for our possible monetary losses, including litigation costs and damages.


4. PRICES

4.1. We use our best endeavours to obtain the most competitive prices and we want you to obtain the best value for money for any and all Services listed on our Website. Service rates are sometimes displayed per day, or per activity, or per room and per night, or per person (be sure to check the details of any Service on the Website). All prices on our Website are displayed including VAT unless stated differently on our Website or in the confirmation email. Sometimes the price may vary because of local tourist tax or other minor costs depending on the location, type of service and method of payment.

4.2. Please check all relevant Service details (price, room type, rates, availability, dates) thoroughly prior to making your reservation.

4.3. Please note that all prices on our Site are for your reservation only and are for the requested stay dates and for the number of people indicated, unless indicated otherwise.

4.4. Where applicable, all special offers and promotions shall be marked as such.

4.5. The total fees payable will be displayed to you before you send a booking request. The selected service provider is required to either confirm or reject the booking request within the booking request period of 48 hours otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the relevant service provider), any amounts collected by us will be refunded to you and any pre-authorization of your credit card will be released, if applicable.

4.6. IN CASE IF YOU CANCEL THE RESERVATION IN ACCORDANCE TO OUR CANCELLATION POLICY, YOU WILL BE OBLIGED TO PAY THE AMOUNT OF 3% OF THE FULL RESERVATION COST FOR OUR SERVICES, NAMELY OUR SERVICE FEE.

ALSO, PLEASE DO  NOTE THAT IN ORDER TO  USE  OUR  SERVICES,  THE  ACCESS TO  INTERNET  WILL BE  AT YOUR  OWN  EXPENSE.


5. PAYMENTS

5.1. For pre-paid service bookings your credit card will be charged by us for the full price (sometimes without any option for refund depending on the  provider’s  booking  conditions)  upon  reservation  and  confirmation  of  the booking.  Please  check  the  reservation  details  thoroughly  for  any  such conditions  prior  to  making  your  reservation. We will  process  refunds,  if  and when applicable, within a reasonable timeframe.

For the other (other than pre-paid) service bookings your credit card will be charged by us for the amount of advance payment, and on Due Date (subject to chage depending of the season and/or provider) we will charge your credit card with the rest of the amonut up to the full price.

5.2. For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room and/or other Service details thoroughly for any such conditions prior to making your reservation.

5.3. Your obligation, as stated before is to provide us with details in making a booking that are fully correct. We reserve the right not to accept certain credit cards. We may add or remove other payment methods at its discretion.

5.4. In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via our Website, please contact us at helpdesk@realcroatia.com immediately.


6. CANCELLATIONS AND REFUNDS

6.1 If, as a USER, you cancel your requested booking before the requested booking is confirmed by a service provider, our payment system will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time, but no more than 30 days.

6.2 Please note that you may be charged for your cancellation in accordance with  the service provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the service  provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

6.3 In case the service provider hasn’t defined a cancellation policy, cancellation policy is as follows:

6.3.1 Reservations cancelled thirty (30) days or more prior to the date of arrival will not incur a cancellation fee. There will be a refund of the down payment with a deduction of the service fee in the amount of 3% of the full reservation, within a commercially reasonable time, but no more than 30 days.

6.3.2 Reservations cancelled twenty-nine (29) to twenty-two (22) days prior to the date of arrival will incur a 30% charge.

6.3.3 Reservations cancelled twenty-one (21) to fifteen (15) days prior to the the date of arrival will incur a 40% charge.

6.3.4 Reservations cancelled fourteen (14) to eight (8) days prior to the date of arrival will incur a 80% charge.

6.3.5 Reservations cancelled seven (7) to zero (0) days prior to the date of arrival will incur a 100% charge.

6.4 In case we aren't able to process the payment 14 (fourteen) days prior to the date of arrival, or immediately during the booking process when booking is made less than 14 days prior to arrival, the reservation will automatically be cancelled and the down payment will be retained.

6.5 Failure to arrive at your accommodation or service venue/destination (no show) will be treated as a late cancellation and will incur a full charge of 100% of the reservation cost.

6.6 Any changes to your reservation must be made through our Website and not directly with the service provider. This applies to change of dates, extension of stay, early check out, delay of arrival or cancellation in full or in part.

6.7 If we cancel a confirmed booking made via our Site due to a case of force majeure, for which the Service or a part of the Service shall not be available, we will refund the collected fees for such booking to you within a commercially reasonable time of the cancellation, but no more than 30 days, and you will receive an email or other type of communication from our Website containing alternative accommodation and other related information.


7. LIABILITY

7.1. The Company is rightfully liable for the proper execution of any obligations under these Terms and Conditions, notwithstanding that these obligations are to be performed by the Company or by other service providers. However, the Company may waive all or part of its liability by providing evidence that the failure or improper performance of the Terms and Conditions is attributable either to the User, or to the unforeseeable and insurmountable act of a third party external to the provision of Services under these Terms and Conditions, or to a case of force majeure.

7.2. The Company in its quality as contracting carrier is liable under the limits provided under (i) these Terms and Conditions, (ii) the provisions of the Montreal Convention dated 28 may 1999, as amended, implemented in Community via a (EU) Regulation N° 2027/97 (as amended by the (EU) Regulation N° 889/2002) and (iii) the national legislation of the Member States. The amount of compensation that may be due, is subject to a limitation in accordance with the applicable international conventions and in particular the Montreal Convention of 28 May 1999, as amended.

7.3. The Company is not liable for illegal, wrongful and/or unacceptable acts from accommodation providers and/or other service providers, as well as from any of their employees and/or agents, which would be detrimental to Users, their property, valuables or assets provided that these acts are not related to the proper performance of the obligations under these Terms and Conditions.

7.4. The Company shall not be liable in the event of damages, cancellation of the trip or stay caused by events of force majeure, beyond the Company’s control (for example war, revolt, political uncertainty, disaster, general mobilization, epidemic, strike, etc.). Costs and expenses incurred following these events are the responsibility of Users.

7.5. The Company shall not be liable regarding the trips, tours, visits, special events and entertainments which are not completely included in the travel package proposed by RC. Users participate to these activities at their own risk and peril, even if they make the reservation with our selected guide or if our guide participates to such activities.

7.6. The airline companies do not have to wait for delayed connecting flights (for example, due to fog). During a missed connection, the Company shall use its best endeavors in order to find another flight whose expenses shall be borne by the Company.

7.7. The carriage conditions of the airline companies, whom we work with, are final and irrevocable. These transport conditions are applicable to passengers.

7.8. The Montreal Convention limits the liability of the air carrier in case of death, personnal injury and loss or damage to luggages. To the extent where the liability of the Company is retained and duly established according to the provisions of article 8.1. and 8.2. and the prejudice determined, the User may claim for non-physical injury, a discount, and at most, the repayment of half of the trip price, except in case of gross negligence.

7.9. If according to international conventions or regulations relating to those conventions, liability limitations are provided for RC’s service providers, the Company may refereed to those during the process of such sinister.


8. RATINGS, RANKING, USER REVIEWS, COMMENTS AND OTHER SUBMISSIONS

8.1. We do appreciate hearing from you, but please be aware that by submitting any content to our Site by e-mail, postings on the Site or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant us and the affiliated, co-branded and/or linked website partners through whom we provide service, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; as well as to use the name that you submit in connection with such Submission.

8.2. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and domicile on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant us the right to pursue any person or entity that violates your or our rights in the Submissions by a breach of these Terms and Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. You also agree that we have no obligation to post your comments and we reserve the right in our sole discretion to determine which comments are published on the Website.

8.3. If you do not agree to these Terms and Conditions, please do not provide us with any Submissions.

8.4. You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that we may exercise our rights (for example: to use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only the most recent submission shall be eligible for use.

8.5. Please note that accommodation star ratings are provided for your information only. The star ratings are based on information we have received from our accommodation providers. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular accommodation unit, with a higher star rating generally being indicative of a higher level of comfort and amenities. Be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances.

8.6. The accommodation unit can be ranked on the site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time.

8.7. The completed User review may be uploaded onto the relevant property's information page on our Website for the sole purpose of informing (future) Users of your opinion of the service (level) and quality of the accommodations. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The User review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.


9. COPYRIGHTS

9.1. We respect copyright law and expect our Users to do the same. It is our policy to terminate in appropriate circumstances any account of a member or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

9.2. Unless stated otherwise, the software required for our services or available on or used by our Website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by us, our suppliers or providers.

9.3. You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

9.4. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).


10. PRIVACY AND COOKIES

10.1. We strongly respect your privacy. We want you to feel confident about using our Site to make travel arrangements, and we are committed to protecting the information we collect.

10.2. This is a general audience Website and does not offer Services directed to children. If we gain actual knowledge that a child under the age of eighteen (18) years old has provided any personal information to us, we reserve the right to delete it.

10.3. Please take a look at our privacy and cookies policy for further information.


11. DISCLAIMER

11.1. IF YOU CHOOSE TO USE OUR WEBSITE, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUIET ENJOYMENT FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY AND ALL ARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

11.2. WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

11.3. We are not responsible or liable in any manner for any third party content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by us, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any content. We are not responsible for the conduct, whether online or offline, of any user of the Site or Service.

11.4. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any problems or technical malfunction of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account due to technical problems or traffic congestion on the Internet or at any of our Services or combination thereof, including any  injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using, participating or the Service, including any Mobile Client software. Under no circumstances shall Company be responsible for any loss or damage, including any loss or damage including personal injury or death, resulting from anyone's use of the Site or the Service, any content posted on or through the Site or the Service or transmitted to Users, or from the conduct of any users of the Site and Services, or any interactions between users of the Site.

11.5. WITHOUT LIMITING THE FOREGOING WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:

(I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON;
(II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
(III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR
(IV) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES.

THAT MEANS THAT THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, THE RC COMPANIES AND AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. ANY HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND RC COMPANIES AND AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE RC COMPANIES AND AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

11.6. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND.

11.7. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PERSON FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, AND SERVICES AVAILABLE THROUGH THE SITE.

11.8. THE RC COMPANIES AND/OR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE RC COMPANIES OR THE AFFILIATES.

THE RC COMPANIES SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS WEB SITE.

THE RC COMPANIES THE AFFILIATES, AND/OR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES, AND CONDITIONS, OF SUITABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR THE RC COMPANIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE RC COMPANIES OR THE AFFILIATES. THE RC COMPANIES AND AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

THE RC COMPANIES AND THE AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

11.9. For all questions and issues regarding your passport, visa and other relevant travel documents, please review article 17. hereunder.

11.10. We reserve the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice.


12. LIMITED LIABILITY RELATING TO THE WEBSITE

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND ITS RELATED SERVICES, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, FRAUD BY ANY THIRD PARTY OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


13. INDEMNITY

13.1 You are solely responsible for maintaining the confidentiality of your username, password and your account, as well as all activities that occur under your account. You hereby agree to indemnify and hold us, our subsidiaries and affiliates, and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including settlement costs and any legal or other fees including reasonable attorney's fees, arising out of or in connection with any content, any third party web site or content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Terms and Conditions or of any law or the rights of any third party.

13.2. This indemnification obligation will survive these Terms and Conditions and your use of the Site.


14. LINKS TO THIRD-PARTY SITES

This Site may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or your use of them. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


15. CURRENCY CONVERTER

Should a currency convertor be available on our Site, be aware that currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated every day. Be sure to check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but we do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.


16. PASSPORT, VISA AND OTHER TRAVEL DOCUMENTATION

You are responsible for ensuring that you satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility/disclaim any and all responsibility for any refusal of boarding, travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance of the trip commencing. Any information provided by us with regard to travel documentation is given in good faith but without responsibility on our part.


17. HEALTH PRECAUTIONS AND SAFETY

We will provide general advice to you as to what vaccinations and other health precautions are usually required for your destination or activity. It is your responsibility to verify such advice with appropriately qualified medical personnel and that you have received any necessary or advisory vaccinations or medication. We reserve the right to require you to produce evidence of such vaccinations or medication and may cancel, without payment of compensation, your place on the trip if any such vaccinations or medication have not been obtained. It is your responsibility to ensure that you take any necessary medication whether before, during or after the trip. Any health information provided by us is provided in good faith but will only be a general overview of any health hazards and requirements for the trip. In the circumstances any such advice given by us should not be regarded as a substitute for specific and detailed medical advice for you and you should raise any particular concerns with your own doctor.


18. INSURANCE IN THE EVENT OF PAYMENT INCAPABILITY OR  BANKRUPTCY OF THE TRAVEL ORGANIZER

In accordance with the Act on the Provision of Tourism Services, RC has concluded with the Insurer a Contract on Insurance in Case of Insolvency or Bankruptcy of the Travel Organiser, in the event the travel service was not performed, that is for the return of the Traveller to the place of departure. In case of occurrence of the insured event, the Traveller should contact the Insurer as soon as possible: Triglav osiguranje d.d. (joint stock company), Zagreb, Antuna Heizna 4, phone: +385 1/5632 777; fax: +385 1/3771 266 (Guarantee Insurance Policy Number: 99007028192).

This document is valid as a Confirmation of Insurance in Case of Bankruptcy or Insolvency of the Travel Organiser.
 

19. LIABILITY INSURANCE

In accordance with the Act on the Provision of Tourism Services, RC has concluded with the Insurer form previous paragraph a Liability Insurance Contract for damages caused to a passenger by failure to meet obligations or by partially or inconsistently meeting obligations, number 1500-172046557. By accepting these Terms and Conditions you confirm you are informed of the content of the stated Insurance Contract.


20. GOVERNING LAW, JURISDICTION AND VENUE

20.1. By visiting or using the Site and/or the Services, you agree that the laws of Republic of Croatia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of Croatia, and you hereby consent to, and waive all defenses  of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts located in the City of Zagreb, Republic of Croatia.

20.2 YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE THE COURTS IN THE CITY OF CITY OF ZAGREB, REPUBLIC OF CROATIA.

20.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.


21. GENERAL

21.1 Unless otherwise specified, the terms such as "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms and Conditions with the initial letter(s) capitalized will have the meaning attributed to them in these Terms and Conditions.

21.2. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service that you share with us or provide us, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


22. THE ENTIRE AGREEMENT

22.1 These Terms and Conditions constitute the entire agreement between you and us regarding the use of the Site and/or the Services, superseding any prior agreements between you and us relating to your use of the Site or the Services. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any clause of these Terms and Conditions is held invalid, the remainder of this Agreement shall continue in full force and effect. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or the validity and enforceability of such clause in any other jurisdiction. In any such event, you and the Company agree to substitute a valid and enforceable clause in the place of the invalid, unenforceable or prohibited clause in the spirit and to the effect of the latter.

22.2 Any rights not expressly granted herein are reserved.


23. TERM AND TERMINATION

23.1 This Agreement shall become effective upon your acceptance of the Terms and Conditions by your use of the services and shall remain in effect in perpetuity unless terminated hereunder.

23.2 You agree that we may terminate your account and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site for any reason, or no reason, at any time in our sole discretion, with or without notice, including if we believe that you are under eighteen (18) years old. We will not be liable to you or any third party for any termination of your account.


24. CONTACT

24.1 You always have the right to review the personal information we keep about  you.

24.2 You can request an overview of your personal data by emailing us at  helpdesk@realcroatia.com.  Please write "Request personal information" in the subject line of your email and include a copy of your identity card to help us prevent unauthorized individuals from accessing your personal data.

24.3 To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Data. Any request to access your Personal Data will be answered within a reasonable timeframe. You may also object to the processing of your Personal Data for purposes of advertising and market and opinion research.

24.4 If the personal information we have for you is incorrect, we will update it at   your request. You can also ask us to remove your personal data from our   User database by sending an email to helpdesk@realcroatia.com.  Please put   “Request for removal of personal information” in the subject line.

However, we may need to retain certain information, for example, for legal or administrative purposes, such as record keeping or to detect fraudulent  activities. You can delete your user account at any time by signing into your   account on our website and choosing to remove your account.

Last updated, December 2015