Introduction
The following Terms and Conditions define how You make use of our website and services. All visitors of this website, whether as guests or registered users are referred to as Users. Please read these Terms and Conditions carefully before You start to use the site and before You book any services. By using our site, You indicate that You accept these Terms and Conditions, You understand that You are bound by them and You agree to abide by them. If You do not agree to these Terms and Conditions, please refrain from using our site or booking any services.
The Festini Party Boat website and online booking system are available at the web address https://festiniexcursions.com (hereinafter referred to as Website) are held and operated by:
POP TICKETS j.d.o.o. za turizam i usluge, turistička agencija
Susedgradska ulica 24,
10437 Bestovje,
Croatia
VAT: HR45310764708
Name of court register: Trgovački sud u Zagrebu
MBS: 081381571
(hereinafter referred to as “POP TICKETS j.d.o.o. za turizam i usluge, turistička agencija” or “us” or “we”).
Every time a service is booked on our Website, a contract is formed between You and POP TICKETS j.d.o.o. za turizam i usluge, turistička agencija. This contract is subject to these Terms and Conditions. If any service is described with provisions different from these Terms and Conditions, the service-specific provisions will be in power.
We may revise these Terms and Conditions at any time without prior notice. You are expected to check them from time to time to take notice of any changes we made, as they are binding on You as a User. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site. We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely.
Access
We reserve the right to withdraw or amend the service we provide on our Website without prior notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The service
Services sold on our Website are normally more items packaged together in one service package (hereinafter Service). These items might include but are not limited to: event tickets, festival tickets, travel opportunities, accommodation, transfers, merchandise and similar. Be it one item or more items packaged together, the service always additionally includes our organization, administration, and handling. Please note that your Service might not be performed for some time since you’ve confirmed your purchase – this time depends on the date of service which is presented on the website prior to making a purchase and is normally not longer than 30 days.
Booking of services
To make a booking for Your selected, please follow the instructions on our website. A quick overview of the booking process is as follows. On Step 1 of the booking process read carefully the description of all services, select Your service(s), and the number of persons/units for each service. On Step 2 input Your personal details, personal details of Your friends if needed, possibly choose Your extras for each service and possibly input a discount code. On Step 3 review Your booking summary and choose a payment plan, if available. On Step 4 choose what You pay and by which payment method.
By making a booking You become a registered user with access to Your User account profile page. Access credentials shall be sent to You over email during the first booking You have made. Users can manage and change their access credentials, bookings, and personal information.
All services are payable in full on booking. Some services can be paid in installments (i.e. payment plans), but only if indicated in the process of the booking with a drop-down menu to select a number of installments.
Please note that only by completing the booking process the booking has not yet been confirmed. A booking is confirmed only after complete or partial payment has been made, depending on the availability of payment in installments. However, if the complete payment has not been made prior to the service start date, the booking shall be deemed invalid and POP TICKETS j.d.o.o. za turizam i usluge, turistička agencija has no obligation to perform the service(s). Non regarding of availability of payment in installments, the complete payment must be made prior to the service start date. A contract with us will only exist once we have issued a booking confirmation setting out the full details of the booking. We will only issue Your booking confirmation once full payment has been received. Please check Your booking confirmation carefully and notify us immediately at info@festiniexcursions.com if anything on the booking confirmation appears to be incorrect or incomplete.
The booking is valid if You have properly and correctly filled in all the necessary information. If the booking is successfully processed the customer is informed by email. Providing the correct personal details, especially the email address(es), is critical for a successful and valid booking. A booking with incorrect personal details of Users shall be deemed invalid. A booking can be made for more than one person, where the person who made the booking is the contract holder and responsible contact person for all his friends unless otherwise agreed in writing. All persons for whom the booking is made for are considered registered Users.
A booking can be made for one or more persons. The User who makes the booking will be deemed to be the Lead Booker for the booking and will be listed as the contract holder on the Booking Confirmation. The Lead Booker will be responsible for ensuring that all payments under the contract are made (although payments can be accepted from other names on the booking) as well as advising us of any amendments or cancellations. We will only accept amendments and cancellations notified to us by the Lead Booker. The Lead Booker confirms that he/she: has read these Terms and Conditions, will notify all Users on the booking to read these Terms and Conditions, and is authorized to and does agree to the contract on behalf of all parties named in the booking; consents to our use of information in accordance with these Terms and Conditions and our Privacy Policy; is over 18 years of age, and where services with age restrictions, declares that he/she and all members of the party are of the appropriate age to book those services.
All services, at prices indicated, are subject to availability. Booking fee, if applicable, is a separate service and is not part of the price.
Prices of services
Full details of what is included in the price of services are shown on our Website. Anything not specifically described on our website as being included in the price is extra and can be added to the booking. The base price of service with added extras, for each person on the booking, amounts to the total value of the booking.
We reserve the right to change the prices of services advertised on our website at any time before You book. The final price of Your service will be confirmed before You proceed with the booking, together with any applicable taxes and fees.
Normally, bookings are paid in advance. In accordance with applicable legislation due to the advance payments, all prices for products and services have been reduced upfront by the value of the interest calculated at the rate valid for tied savings deposits.
Payments
In order to make a booking, You must pay the total or partial value of Your booking, depending on the availability of payments in installments, at the time of booking, together with the booking fee. The booking is confirmed when we receive a payment from You.The Booking Confirmation, however, will be issued only after the payment for the full value of the booking has been received on our bank account(s).
All payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate of the Croatian National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
We accept most credit and debit cards through the WsPay payment provider. Please check the details on our Website. We take all reasonable care to ensure that our website is secure and to ensure that it is not possible for any third party to access Your payment or other personal information. However, we cannot be held liable in the event that any third party obtains personal data or information in an unauthorized manner, unless due to our own negligence. By entering Your payment details, You confirm that the payment details belong to You.
For any refunds that are possibly granted to Users, we will carry them out within 30 days of the approval of a refund.
Booking fee
In order to keep our booking system safe, updated and stable, You might be charged a booking fee when making Your booking. If a booking fee charge applies it will be clearly stated in the purchase process along with the value of the booking fee. The booking fee is a separate service charged only for confirmed bookings at a fixed or flexible rate (e.g. percentage of the total value of the booking). You will never be charged twice with a booking fee. In the case of amendments or cancellations of Your booking, the booking fee will always be kept by us. By agreeing to these Terms and Conditions You forfeit the right to demand a refund of the booking fee(s).
Cancellations by You
Please note that Services booked on our Website are entirely non-refundable. Also, the “cooling off period” of 14 days free cancellation possibility granted by the European Union legislature does not apply for any items included in the Services (i.e. event tickets, hotel bookings, transfer, and similar events and tourism-related services).
In some exceptional cases, such as severe illness or injury or death in the near family, we shall approve a cancellation and refund of Your currently paid amount, reduced for the booking fee, and possibly costs of items strictly bound to Your name or booking. In these cases please submit supporting evidence.
We strongly recommend You take out cancellation insurance for Your booking. In this case, if the reason You are canceling is covered by that insurance, You should be able to obtain reimbursement of any cancellation charges from Your insurance company (after payment of any deductible). However, You must pay us the full value of Your booking and obtain written confirmation of Your cancellation from us before making an insurance claim.
Changes or cancellations by us
We will try to keep changes to Your booking to a minimum and we will advise You of any changes to Your booking at the earliest possible date.
If Your booking is not confirmed (You have not paid us anything yet) and we have to make a change to the service You have booked, we will notify You and You have the right to accept the amended service and complete payment to confirm Your booking, or to reject the amended service and thus render Your booking void. In either case, we shall have no further liability to You.
If Your booking is confirmed (You have paid us in part or in full, depending on the availability of payment in installments) and we have to make a significant change such as a change of date or significant change of location or a significant change in the category of Your ticket, or if we have to cancel any part of Your booking, we will notify You immediately with the details of the revised service and the revised price and You will have the choice to either: accept the revised service at the revised price and possibly pay the difference; or (if we are able to offer one to You) take a substitute service of equivalent or superior quality for the same price as the original service, or (if we are able to offer one to You) take a substitute package of lower quality than the original package; or cancel the original package and obtain a full refund of the currently paid amount reduced for the booking fee. You must inform us of Your choice as soon as possible. We do not regard an upgrade to a higher category of service, a change of festival line-up or similar minor change as a significant change.
If we cancel Your booking or have to make a significant change to Your contract, You are entitled to receive compensation, where appropriate. We will not be obliged to compensate You where the booking is canceled by reason of unusual or unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if due care had been exercised (i.e. force majeure). These circumstances might include but are not limited to, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics and unavoidable technical problems with transport.
Complaints and claims
If You have a complaint or claim in relation to any part of the service You must state this at the time the issue occurs, as most problems can be solved on the spot. If the matter cannot be resolved locally at the time, then please write an email to our customer services department at info@festiniexcursions.com within 3 days of receiving the service. This will help us to quickly identify Your concerns and speed up our response to You. If You fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify Your complaint and this may affect Your rights under Your contract.
Notifying and informing You
For the purpose of keeping You informed about performing all services in Your booking, we will notify You at least 24 hours before the start of service about all details You need to know. If You will have further questions You are obliged to ask us over email before the service starts.
Privacy and data processing
In order to process Your booking and perform the service(s) to meet Your requirements, we need to use the personal information You provide such as name, surname, address, phone number, and any special needs/dietary requirements, etc. We shall ensure that proper security measures are in place to protect Your information and we will comply with applicable legislation. Please see further details of our Privacy and Cookies policy.
In order to process Your booking, we might pass Your personal information on to the relevant suppliers of Your service such as the event organizer or promoter, hotel, and transport provider. We may also need to provide Your personal information to security or credit checking companies, credit, and debit card companies, regulatory or public authorities such as customs or immigration if required by them, or as required by law. We may have to send Your personal information to countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. By making a booking, You consent to this use of Your personal information.
Viruses, hacking, and other offenses
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.
By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Breach of Terms and Conditions
If we consider that a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate, including, without limitation, all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use our site; Immediate, temporary or permanent removal of any posting or material uploaded by you to our site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we feel is necessary. We exclude liability for actions taken in response to breaches of this policy.
Security of Online Payments
While conducting payments on our web shop you are using CorvusPay – an advanced system for secure acceptance of credit cards on the Internet. CorvusPay system ensures complete privacy of your credit card data and personal data from the moment you type them into the CorvusPay payment form. Data required for billing is forwarded encrypted from your web browser to the bank that issued your payment card. Our store never comes into contact with your sensitive payment card data. Similarly, CorvusPay operators cannot access your complete cardholder data. An isolated system core independently transmits and manages sensitive data while at the same time keeping it completely safe. The form for entering payment data is secured by an SSL transmission cipher of the greatest reliability. All stored data is additionally protected by hi-grade encryption, using hardware devices certified by FIPS 140 2 Level 3 standard. CorvusPay fulfills all of the requirements for safe online payment prescribed by the leading credit card brands, operating in compliance to the PCI DSS Level 1 standard – the highest security standard of the payment card industry. Payments made by cards enroled with the 3-D Secure program are further authenticated by the issuing bank, confirming your identity through the use of a token or a password. All information collected by Corvus Pay is considered a secret and treated accordingly. The information is used exclusively for the purposes for which they were intended. Your sensitive data is fully secure and it’s privacy is guaranteed by the state of the art safeguard mechanisms. We collect only the data necessary for performing the work in accordance with the demanding prescribed procedures for online payment. Security controls and operating procedures applied within the CorvusPay infrastructure not only ensure current reliability of CorvusPay but permanently maintain and enhance the security levels of protecting your credit card information by maintaining strict access controls, regular security and in-depth system
checks for preventing network vulnerabilities.
Thank you for using CorvusPay!
Governing law and jurisdiction
This contract and any dispute, claim or other matter of any description that arises out of or in connection with this contract is governed by and shall be construed in accordance with the law of Croatia. The courts of Croatia shall have jurisdiction to decide any dispute or claim that arises out of or in connection with this contract.
