1. GENERAL TERMS OF USE OF MOBILE APPLICATION AND WEB SITE

1.1. This General Terms of use of the website and mobile applications for the use of Click & Trip service ("General Terms") governs the use of services by the user. If the User decides to use the application, the User will access and read the General Terms and Conditions of the Intermediary Services Agreement in the provision of a charter tourism activities - vessel rental and organized excursion services.

1.2 Definitions

  • e – service is online service via mobile and/or web application and/or web page and/or services in electronic format.
  • Click & Trip mobile application - Digital platform on the mobile device for display, protection, borrowing and selling travels and excursions which is owned by Click & Trip j.d.o.o.
  • User - The person who pays the service and registered for the use of Click & Trip service at Clickandtrip.hr mobile application and/or web application/website, and the person who uses services as a lessee or user of one of the organized excursions offered
  • e-service is the service that enables registered users the use of all the services in the application Click & Trip j.d.o.o., Petrčane 15, Street V, Personal identification number: 29035192355 (next: Click & Trip)
  • The provider of the service is the Lessor or the Organiser of the trip
  • The Lessor is the owner of the vessel he is giving for rental
  • The vessel is a water-borne object that is defined as a boat or yacht and is used for charter activity, but also every boat/vessel for Charter activity/shuttle for one-day, two-day and multiple day trips
  • Trip Organiser is an organiser of one-day trips, multiple day trips, shuttle trips and all the other trips Click & Trip has in its offer
  • Privacy policy are the rules defined by the Ordinance on the collection, processing, use and protection of personal data of 25 April 2018, with these General Terms and the Regulation/GDPR
  • Regulation/GDPR is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and on the exclusion of Directive 95/46/EZ (GDPR - "General Data Protection Regulation")
  • Ordinance is the Ordinance on collection, processing, use and protection of personal data of 25 April 2018

1.3 By accessing the mobile application and the website through the appropriate technical means of access and their use, each user agrees to comply with these General Terms and agrees that the provisions of these General Terms are applied to him.

2. LIMITATION OF USE AND RESPONSIBILITY

2.1 The user agrees not to:

  • use web pages and mobile application in any way contrary to the applicable regulations;
  • enter or distribute on a web site and mobile application any content that is contrary to the applicable regulations, including but not limited to harmful, threatening, disturbing, vulgar, pornographic content, content that spreads hatred and racial intolerance, content that violate rights and interests of others and alike;
  • change, delete or destroy any data on the web page and mobile application;
  • use the web page and mobile application for the violation of third person's rights, including breach of secrecy, intellectual rights or other rights or interests of third persons;
  • use the web page or mobile application to send e-mail contradictory to this General terms;
  • enter or distribute via the web page or mobile application and illegal software, including but not limited to viruses, spyware, trojans and alike.

2.2 Documents, data and information about service providers posted on the website and the mobile application may not be reproduced, distributed or used in any way for commercial purposes. The content, data, and information published on the application can only be used for individual user needs as a recipient of the service, while respecting all copyrights and proprietary rights as well as third party rights.

2.3 By using the content of these websites and mobile application, the user accepts (i) any risks arising from the use of the website and mobile application and accepts (ii) to use the their content for personal use only and at their own risk.

2.4 Click & Trip fully disclaims any liability (i) that may in any way arise from or is in any way linked to the use of the website and/or application and/or services posted on the mobile application, (ii) for any user act during the use or misuse of the web page and mobile application content, and for (iii) any material and/or non-material damage that may arise to the user or to any third party in connection with the use or misuse of the usage of the contents.

2.5 Website and mobile application also contain documents, data, marketing information, promotional information created by third parties that will, to the extent it is needed and possible, be labeled as such. Click & Trip does not have control over before mentioned contents, data and information at all and fully disclaims any liability regarding them.

2.6 Click & Trip retains the right to change the content of the web page and mobile application, the right to cancel them, and the right to a limited access to them, all without the prior notice and shall not be held responsible for any possible consequences arisen from those changes, cancelation or restrictions.

2.7 Click & Trip shall not be held responsible for any possible consequences arisen from inaccessibility to the website and mobile application due to any technical reasons.

2.8 Click & Trip retains the right to change the price of its products and services. Valid prices of all products and services are published and available at www.clickandtrip.hr.

2.9 Click & Trip retains the right to prevent the access to the web pages, IP addresses, (that is users) from which the actions contrary to this General conditions have been made, and will not be held liable for these matters.

2.10 Click & Trip is not in any way responsible to its users for the costs of the use of computer equipment and telecommunication systems for the access to its web pages and mobile application.

3. INTELLECTUAL PROPERTY

3.1 The User acknowledges that the entire contents of the website and mobile application are solely owned by Click & Trip or its authorized persons.

3.2 By using a web site, the user is provided with a limited, non-exclusive, non-transferable and revocable license to use the mobile application content in such a way that the same is viewed for personal purposes.

3.3 For the avoidance of any doubt, Click & Trip expressly keeps and does not transfer to the user any other rights in respect of the content of the website and the mobile application, and prohibits the use its of the content, except as described in these General Terms and as may be permissible in the application itself.

3.4 In particular, the User does not have the right to download, duplicate, modify, edit, distribute, display, delete, transmit, sell, resell, adapt, modify content, create derivative works, incorporate other Internet sites or media or use it in any way except for personal purposes.

3.5 For all content downloaded from the web site and mobile application (download), the user agrees to use such content for personal use only and to respect the regulations of these General terms in respect of such content.

4. PERSONAL DATA PROTECTION

4.1 When accessing the contents or when registering, users will be required to provide personal data. In case of consent to the disclosure of personal data, users will be considered to have agreed to the terms and conditions of use of the personal data provided by the Privacy Policy under these General terms, the Ordinance on the collection, processing and use of personal data you can read HERE and in the General Terms of the intermediary services agreement in providing tourism charter activities - vessels rental and services of organized excursions, on the basis of which certain persons are entitled to collect, use, process and transmit the personal data needed to use the application.

4.2 By designating an appropriate box on the application and/or the website, the user agrees to collection, use, processing, and transfer of personal data necessary for the use of web pages and mobile application, including but not limited to:

  • agreement that Click & Trip can in accordance to Privacy policy process given personal data for its own marketing needs and needs to provide other services, the need to create a customer database, send newsletters and notify about new products and services, and improvement of services and that Click & Trip can give before-mentioned data to third parties for the purposes of executing the service, protection of interests of the user and Click & Trip and for preventing any misuse;
  • needs to better a insight and understanding of the individual needs and demands of the users as well as future development of its products and services;
  • possibilities to provide quality service of Click & Trip to customer satisfaction;
  • giving the data to other persons needed to accomplish above mentioned purposes.

4.3 Click & Trip will keep personal data only during the amount of time necessary for the purposes stipulated in the Privacy policy. After that time, personal data will be destroyed, deleted, or made anonymous in a manner that ensures that personal data is maintained.

4.4 Click & Trip will not disclose personal data to third persons, except to persons designated by the Privacy policy, especially in the Ordinance of the collecting, processing and using of personal data.

4.5 Click & Trip will ensure that the data are kept in a secure location (which includes reasonable administrative, technical and physical protection to prevent unauthorized use, access, disclosure, copying or modification of personal data), which can be accesses by authorised person only.

4.6 Click & Trip will allow users the access to their personal data it possesses to ensure that the personal data are accurate, complete and up to data.

4.7 If users have any questions regarding the use of personal data they can contact Click & Trip directly.

4.8 If users request deletion of their personal data, Click & Trip will remove those data, but they agree to have disabled access to certain content on the application and/or web site.

4.9 When providing personal data, the user guarantees that they are complete, truthful, accurate and up to date.

5. USE OF E-SERVICES AND USER REGISTRATION

5.1 Use of e-services is available only to registered users.

5.2 User registration is done via websites and mobile application, whereby the user is obliged to enter certain personal data and agree to the usage of such personal data.

5.3 After a successful registration, the registered user receives a user name and password for authorization to use the e-service. Registered user is required to keep his user name and password a secret. If a user suspects unauthorized use of his/her use name and/or password, he or she is liable for any costs incurred by using his/her user name and/or password up until the moment he notifies Click & Trip via contacts published on the web site and mobile application of the suspicion of the unauthorised use. The user is liable for all the unauthorised activities done under his or her user name and/or password.

5.4 With the registration the user confirms:

  • that he/she has read and fully accepts general terms related to the services;
  • that he/she has read and fully accepts the General Terms of the Contract on intermediary services in the provision of a charter tourism business - rental of vessels and services of organized excursions;
  • completeness, accuracy, authenticity and promptness of personal data;
  • that he/she gives to Click & Trip explicit approval it can in accordance to Privacy policy process given personal data for the needs of promotion of its services and provision of other services, specially defined with its own Ordinance, the need to create a customer database, notify about new products and services, and improvement of services and that Click & Trip can give before-mentioned data to third parties for the purposes of executing the service, protection of interests of the user and Click & Trip and for preventing any misuse;
  • that he/she understands Click & Trip is only a broker in the provision of services of tourism charter activities - chartering and organizing excursions, and that each user enters into a contractual relationship directly with the service provider (lesser and/or organizer of the excursion), and that the Broker hereby solely mediates.

5.5 Registered user agrees to make purchases by e-services provided that a registered user uses services available through a mobile application and/or web site/web application by selecting them based on the image, title, and basic product/service description. Given the possibility to individually adjust the monitor on a computer, the difference in the perception of the vessel/charter/shutlle color of the human eye, etc., Click & Trip does not guarantee full color compatibility of products and/or services with the color the way registered user sees them on the screen of his/hers monitor/cell phone.

5.6 By clicking on the buttons to purchase a product and/or service, the selected product/service is stored in the shopping cart. To continue the procedure, click on the "shopping cart" where all the selected products/services are located.

5.7 If Click & Trip is not able to make available some of the products/services that you have ordered, they will contact the user via e-mail and notify him of the situation.

5.8 Click & Trip keeps the right to change the current offer of products and all services at all times.

6. PRICES OF PRODUCTS AND SERVICES VIA MOBILE APPLICATION

6.1 Prices of products and services are expressed in Croatian Kuna ("HRK") and may also be expressed in Euro equivalent ("EUR") according to the HNB midpoint exchange rate on the day of publication and include VAT. Click & Trip may determine certain discounts on mobile application that may relate to a specific time period but these discounts will not apply to clearly marked items and products in the "Discount" category.

6.2 Prices of products and services are subject to change until the moment of purchase confirmation.

7. PAYMENT OF SERVICES AND PRODUCTS

7.1 User registration is free of charge. Registered users can pay for the services they use in the application/web page in following ways:

  • with credit and debit cards,
  • via Apple store
  • via Google playstore
  • via PayPal service

7.2 When paying with credit or debit card, the authorisation is made automatically.

7.3 Click & Trip will bear all the manipulative costs of authorisation of the user's credit/debit card. There are no delivery costs.

7.4 In case of unsuccessful authorisation, the purchase procedure is terminated. Registered user receives by email or website confirmation that the authorization has passed successfully or unsuccessfully. Registered user is responsible for the accuracy of the data provided by using the eLibrary service.

7.5 HT Pay Way takes care of secrecy and security of Your data during the authorisation of the credit cards. The security of the data on these sites is ensured by using Secure Socket Layer (SSL) security protocol with 128 bit encryption of data. Sharing sensitive data (for example Credit card numbers) between the HT Pay Way system which performs on-line payment and credit card authorization centers is fully protected against unauthorized access. HT Pay Way completely disables access to data for which participants in the donation process are not authorized. All customer information is strictly kept and only available to employees who are required to have them in order to perform their job. All employees and partners are responsible for compliance with the privacy policy. The payment service is implemented in accordance with PCI DSS (Payment Card Industry Data Security Standards) guidelines that ensure secure shopping. (https://www.pcisecuritystandards.org/security_standards/)

7.6 When paying, the data of your card is not stored in any way, we only forward it to our card processor who finishes the payment.

7.7. The user, that is the buyer, has the right to terminate the agreement in accordance to the Article 45. Of the Consumer protection law. Termination deadline is defined by law. Refund is done according to the estimation of the Click & Trip company.

7.8 The service shall be activated within 24 hours from the moment of payment execution. The user will be notified through the application and/or web interface about the activation of the service, and will immediately upon executed payment get a receipt.

7.9 CONVERSION STATEMENT - All payments will be made in Croatian Kuna. The amount that will be charged to your credit card is obtained through the conversion of the price from the euro into the Croatian kuna according to the valid exchange rate of the Croatian National Bank.
When charging your credit card, the same amount will be converted to your local currency according to the valid exchange rate list of the card association.
As a result of price conversion, there is a possibility of small differences in the amount compared to the original price displayed on our website.

8. OTHER TERMS OF SERVICE

8.1 Click & Trip does not bear any liability for any damage that may arise to a registered user and to third parties:

  • as a result of unauthorized use of the user name and password or is connected to such usage, in relation to the use or abuse of the service, if the damage in question was not caused by direct intent and guilt of the Click & Trip.

8.2 Click & Trip does not bear any liability for any damage that may arise due to the interruption of the Internet connection during the usage of the services from mobile application.

8.3 The provisions of the applicable Electronic Commerce and other laws relating to the provision and use of services shall be applied to the use of mobile application services.

9. AMENDMENT OF GENERAL TERMS AND OTHER PROVISIONS

9.1 Click & Trip retains the right to change this General terms without the prior notice. Registered users agree to check valid General terms during every use of the service. Valid general terms shall be published in mobile application and on the website.

9.2 General terms in force at the time of receipt of payment for the ordered service are valid for the use of service.

9.3 All disputes that may arise under these general terms shall be resolved before the competent court in Zadar.