GENERAL TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEBSITE OR USING ANY SERVICE PROVIDED ON THIS WEBSITE, YOU ACCEPT AND APPROVE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BEFORE ACCEPTING THE TERMS AND CONDITIONS PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
1. Definitions
In this Terms and Conditions, the subsequent words and verbalisms shall have the following meanings:
Booking: Each discrete Booking of a Listing that is made by a Guest offered by a particular Charter and posted on the Website.
Business Days: Business Days are days when banks are open in Croatia.
Full Booking Fee: For the Booking of each specific Listing the total fee that is set and posted on the Website by each Charter.
Charter: The Charter is an individual of lawful age and of full capacity to contract or a properly represented lawful entity which is the lawful and beneficial owner of the vessels, or duly authorized by the lawful and beneficial owner of these, or a person who has obtained an exclusive unconditional right for the using and posting the Listings on the Website for Booking by a Guest.
Listing: Listings are boats, sailboats, catamarans, motorboats, yachts, jet skis and any other kind of sea or lake or river vessels of a particular Charter which is being posted on the Website for reservation by Guests. Additional services which are linked to (i.e. cleaning, skipper etc.) the Listings may also be included and are specified in each of the Listings by the Charter.
Payment Provider: The Payment Provider, being the payment system provider that processes the payments on the Website, is: HT PAYWAY.
Service Provider: The Service Provider is NORTHEAST TRAVEL d.o.o., an enterprise organised and existing under the laws of the Republic of Croatia with registered address at Teslina ulica 10, 52100 Pula, Croatia.
Guest: The Guest is an individual of lawful age and of full capacity to contract, or a properly represented lawful entity who enters into an agreement with a particular Charter for the reservation of a respective Listing and who has approved to pay the Full Booking Fee.
As a Guest or as a Charter you approve, by registering, accessing and/or using the Website and Services, to be bound by these Terms & Conditions and any other Terms & Conditions as they may be modified from time to time and included in these Terms & Conditions and which will apply between you and the Service Provider and which you approve that you have read and understood.
As a Guest - if you make a Booking with a particular Charter through the Website - you acknowledge and understand that the legal contract regulating each specific Booking is between each individual Charter and each particular Guest and that you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the particular Charter in relation to payment, cancellation and other related matters.
The Service Provider does not deal as organiser, agent, or provider for Listing rentals, crew placement and/or other Listings. The Service Provider does not hold or lease or manage Listings or hire others to perform any services related to the Listings. The Service Provider is not an agent for any Charters. The Service Provider solely makes the Website for Charters and Guests obtainable to agree and arrange for a Booking of a particular Listing. The Service Provider is not contracting agent or representative of Charters. The Service Provider task is to simplify the availability of this Website for the Charters and to provide the Services related to this, and any agreement for Booking or Listing is solely between the Charter and the Guest. It is perceived that the Service Provider will not be a party to such an agreement and will not be bound by these Terms & Conditions. Charters and Guests perceive that the Service Provider is merely simplifying the availability of this Website for the Charters and provide the Services related to this. Charters and Guests perceive and agree that they are merely responsible for determining their own tax reporting requirements in consultation with tax advisors. The Service Provider cannot and does not offer any fiscal advices.
2. Approval to the terms of use and modification
The Service Provider warrants a non-transferable, revocable and non-exclusive license to the Charters and Guests and provides the Services obtainable on this site subject to the following Terms & Conditions. THE SERVICE PROVIDER MAY MODIFY THESE TERMS & CONDITIONS FROM TIME TO TIME. CUSTOMERS WILL BE INFORMED IN ADVANCE WITH THE POSSIBILITY TO RELEASE THE CONTRACT. IF YOU DON'T RELEASE THE CONTRACT, CHANGED TERMS AND CONDITIONS WILL BE VALID. YOU CAN CHECK THE LATEST VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT http://www.northeast.agency. WHEN USING SPECIFIC SERVICES ON THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES, YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH THE SERVICE PROVIDER ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL RELATED TO THIS TERMS & CONDITIONS. YOU APPROVE BY USING THIS SITE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LATEST VERSION OF THIS AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT APPROVE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT APPLY THIS WEBSITE.
3. Guests and Charters
A Guest can book a specific Listing through this Website which is posted on the Website by a Charter. By making a Booking through the Website each Guest will enter into a direct contractual relationship with the particular Charter from which you want to book. The Service Provider behaves merely as a provider of the web service, transferring the details of the reservation to the appropriate Charter and sending a confirmation email to the Charter for and on behalf of the Charter. When rendering their Services, information that the Service Provider reveals is based on the information provided to the Service Provider by each Charter. Charters are totally responsible for updating all rates, availability and other information which are advertised on the Website. The Service Provider is just responsible for establishing the contact between the Charter and the Guest. The Service Provider is not responsible for the non-performance or exact and compliant performance of those services that are part of the application area of the agreement between the Charter and the Guest. Each Charter stays responsible for the accuracy at all times, totality and correctness of the information (including the rates and availability) advertised on the Website. The Website does not illustrate and should not be considered as a reference or advocacy of the quality, service level or rating of any Charter made available. The Service Provider does not verify the information posted by the Charter.
As a Guest you agree and understand that the legal contract regulating each particular Booking is between an individual Charter and a specific Guest. If you make a Booking with an individual Charter through the Website you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the individual Charter referring to payment, cancellation and other regarding matters.
The Guest gets in a direct contractual relationship with the Charter that will supply the Service. If the Booking of these Services will be completed on the Website, the Guest will receive a written contract from the Charter which will regulate all aspects related to the Services provided.
The Charter posts through the Website - either by himself or in cooperation with the Service Provider - the Listings, the rates for booking, details, terms, photos and all other significant information associated with the Listings.
The Charter is liable to post a full description of the Listing on the Website, upload photos and/ or graphics, and/or icons, and/or images which are linked to the Listing that the Guest confirms to pay the Full Booking Fee for.
The Charter shall have the right and the obligation to arrange separate agreements with the Guests, in which the Terms and Conditions of the Charter’s services will be established. The Service Provider will not be a party in these agreements and shall not be bound by their Terms and Conditions.
The Services of the Charter shall be practiced by employees or agents of the Charter that have the required technical and professional skills.
The reservation of the Listing is processed between the Charter and the Guest under the Terms and Conditions of the Charter. The Service Provider assumes no liability for such transactions. The Service Provider just allows the Charter to use the Services and - if necessary - to provide its expertise and assistance for posts or uploads of the Listings. The Service Provider, if requested, shall receive, notify and forward to each Charter any booking requests or enquiries made through the Website by a Guest. The Service Provider shall not act in any way as a contracting agent or representative for you as a Charter, or as a broker or insurer in each case, in relation to your transactions which you conclude with Guests via the Website as related in clause 1.
The Charter shall, upon the request of the Service Provider, supply the Service Provider with the evidence of ownership or possession of the Listing or a proof of having the right and authorization to rent such Listing and that all licenses and authorization in respect of the Listing have been orderly received.
The Charter shall have the liability to receive and keep in force any license and other authorizations required by any applicable law for the Listings. The Charter is obliged to provide the Service Provider with such licenses and authorization upon Service Provider’s request. The Service Provider will not be obliged to release the fees (minus the Service Fee) to a particular Charter, if this Charter does not provide the Service Provider the required documents proving the proper possession and use of a particular vessel or a properly signed charter party (where this is obligatory).
The Charter guarantees, declares and undertakes that:
- He is the lawful and beneficial owner of, and he has good and saleable title to the Listings and/or it has been duly authorized to use and offer the Listing and/or it has received an exclusive unconditional right for the use and provision of the Listings.
- He has received all required licenses, insurances, permissions and any other requisites for the use of the Listing. These licenses, permissions, insurances shall endure during the use of the Services and during the period of these Terms and Conditions are in force.
- Any picture, photo, icon, drawing, text, logo, graphic or image uploaded by the Charter on the Website related with the Listings correlated to the reserved
- He has a considerable knowledge of and expertise in providing his services to the Guests and maintains high quality of infrastructure while performing its services.
- He has one or more active insurance policies with a reputable insurance firm to cover any obligations that may occur with the usage of the Services or under this agreement and such insurance policies shall endure during the use of the Services and during the period when this agreement is in force.
- The Charter has not breached or violated any law or regulation the breach of which has or might reasonably be expected to have a negative material negative effect on the Website and the business of the Service Provider.
- There exists no claims and no investigations are being made or conducted against him or any subsidiary or affiliates that have or might reasonably be expected to have a material disadvantageous effect.
- In performing his services he will use appropriate care and skill.
- The Charter acknowledges and approves that the Service Provider shall be authorized and entitled to retain and deduct the Service Fee from such monies collected.
4. Cancellation policy and changes
If a Guest decides to change his Booking, he needs to contact and communicate with his specific Charter and Service Provider. Guests should consider however that the Charter is authorized to charge Guests supplementary charges for these changes. Guests also need to consider that the specific Charter may not be able to cater such changes at all.
In the case that the Booking has already been approved by the Charter, Guests can apply for a cancellation of their Booking provided they contact the Service Provider and it is in the absolute discretion of the specific Charter, and subject to the Charter’s stated cancellation policy whether he will provide any refunds and under which terms.
5. Age and Responsibility
The Guests and the Charters declare that they are of adequately legal age to make binding legal obligations and to be responsible for any contractual and/or financial liabilities that may occur as a result of the usage of this Website. Guests and Charters acknowledge that they are financially responsible for all uses of this Website and/or those using their login name and password. The Service Provider must be informed and contacted immediately, if a Guest or a Charter has lost or has noticed that an unauthorized person may have access to the login name and/or password.
6. Payments
For payments, credit card usage and usage of electronic money on our Website, we refer to our Payment Provider. By agreeing to Our Terms and Conditions, you accept terms and conditions posted by Payment provider.
A Guest can also pay via bank transfer. Payment by wire transfer must take place within 5 Business Days. In case of payment by more than one instalment, then two wire transfers will take place correspondingly.
When the Charter accepts the Guest’s Booking request, and a booking confirmation is sent to the Guest the Payment Provider shall instantly collect a payment from a particular Guest equal to the Full Booking Fee stated next to the Charter’s Listing on the Website. The Service Provider will notify the Charter once a Guest has successfully completed the payment.
For Bookings earlier than 30 days from check in: The Guest has the possibility to choose either to pay 100% of the Full Booking Fee instantly upon the approval of the Charter of the respective Booking or to pay 50% of the Full Booking Fee instantly upon the approval of the Charter for the particular Booking and the residual sum to be paid at latest 30 days prior to the date of check in.
For Bookings later than 30 days from check in: The Guests will be requested to pay 100% of the Full Booking Fee (unless otherwise agreed between the Charter and the Guest).
7. Payment methods
Credit card payment.
8. Security statement
T-Com Pay Way uses the latest standards in data security - Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorythm.
ISO 8583 protocol ensures the data exchange between T-com system and credit card issuers authorization centers is made over private network, which is secured from unauthorized access using double firewall layer.
9. Privacy statement
NorthEast Travel d.o.o. is obligated to provide protection of its clients personal data, by collecting only neccessary, basic informations about its clients/users which are required to fullfill our obligations; informing clients about the usage of collected informations, regularly giving the abillity to choose about the usage of their data, including the abillity to choose whether they wish or not to use their name for newsletters used for marketing campaigns. All the informations about the users are stored securely and available only to the employees which use this data for business operation purposes. All the employees of NorthEast Travel d.o.o. and their business partners are responsible for compliance with data security.
10. Conversion statement
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.
Legal information
Headquarters: NorthEast Travel d.o.o.
Address: Teslina Ulica 10, 52100 Pula, Hrvatska
OIB: 97243389452
MB: 4894324
NKD: 7911
VAT number: HR97243389452
Equity capital: 20.000,00 kn
Business bank: Privredna bankda Zagreb d.d.
Business bank account (IBAN): HR7123400091110929863
Contact person: Daniel Vučetić
Tel: +385(0)99-404-8203
E-mail: info@northeast.agency