TERMS & CONDITIONS

GENERAL TERMS

Web site https://www.peakandpaddlecroatia.com (the website) is the property of travel agency Peak and Paddle LLC (the Agency) and while using the website Terms and Conditions are applicable as well as the law regulation in Republic of Croatia.

The website serves the purpose to promote the Agency and its trips, tours and overall offer, as well as to provide all, by law, prescribed information that a customer has a right to know and that are necessary for functioning of the Agency and to make a business with other parties. The website is not an online store and the Agency reserves the right to change Terms and Conditions at any given point without prior notice and it won’t be responsible for possible consequences that can come up a result of the change.

Using the website, the customer accepts and understands Terms and Conditions of the Agency, accepts all the risks that might occur while using the website and accepts to use the content of the website explicitly for own purpose and own responsibility. All the information on the website are for informative purpose and personal use while copyrights and proprietary rights have to be accepted and respected.

Using the website you accept not to reproduce, multiply or distribute any of the content or any copyrighted part of the website without prior written permission of the Agency that defines how the content should be used. If anyone notices that copyrighted content has been used on the website, has to deliver to the Agency, in a written way, description of the copyrighted content and a claim that has a rights on that, and the Agency will take all possible measures to stop and/or prevent following usage of the copyrighted content.

Using the website customer accepts and agrees on Croatian law regulations as the only relevant to the interpretation, application and legal effects of all permissions, exclusions and conditions of use the website.  

COURT JURISDICTION

The customer has the right to judicial arbitration. The Client and the Agency will aim to settle possible lawsuits. Agreement not reached, become subject to the Šibenik Court jurisdiction. Under the authority of the laws of the Republic of Croatia.

Information about trips, tours and overall offer are considered relevant and reliable at the time of publishing, but the Agency is not responsible for the content published on the website by a third party.

PERSONAL DATA PROTECTION (GDPR)

The agency through the website and the correspondence via email can collect personal information if the customer delivers those voluntarily and the Agency commits to respect privacy and anonymity, and to conduct professional business ethics.

Responsible person for data processing

Mladen Hanzir, cell: +385 91 22 88 006, mladen@peakandpaddlecroatia.com

The Agency will use a personal information for the purpose of creating and tailoring a tour, trip or any other program that the Agency conducts, to meet a customer’s expectations, to respect professional business ethics and to provide a tour, trip or a program at its safest possible level. The information will be used as well for the purpose of marketing and advertising, and developing customer service.

Due to variety of tours, trips and other programs, personal information that might be requested are:

Name / Last name / Email address / Phone number / Date of Birth / Address / ID number / Gender / Nationality / Occupation / Height & Weight / Emergency contact person / Medical information (as the customer can be exposed to certain situation that can include a risk)

None of the above listed information the Agency will not share or distribute to any third party except to the party that necessarily need these information (example: medical staff, guides and instructors, other people involved due to providing safety in the field and out of the field). The customer accepts and agrees on the right that the Agency can send via email newsletters and promotional material unless the customers claims otherwise in a written way via email info@peakandpaddlecroatia.com. Medical information won’t be used any longer once the Agency claims that those information won’t be needed any more for the purpose that were provided.

The agency commits not to share or distribute given personal information without prior permission of the customer unless the Agency has to fulfill the legal obligations or obligations that are placed before it by authorized bodies in order to comply with the General Terms of Use or to protect their rights or to protect the security and rights of the public or other users and which could be hurt or disrupted.

COMMENTS

When the customer writes the comment on the website we collect data in a form of a comment, IP address of the customer, and string to detect spam.

It is possible that anonymous string created from your email (hash) delivered to Gravatar service do check if you are using it. The Agency has disabled this option but it might be enabled in the future. Privacy police of Gravtar is available on https://automattic.com/privacy/. Upon acceptance your comment, your profile picture will appear in a content of you comment.

If you post a picture on the website (via comment) you should avoid posting those with geo location.

Articles on the website can carry a content from other websites that act the same as if customer visited that other website and Terms and Conditions are applicable as for that website.  

ANALYTICS AND COOKIES

For the purpose of advancement on the website we might use a feature of cookies. Cookies are necessary for orderly functioning certain services and almost every website using this. Cookies serves the purpose to enhance security and speed of your interaction with a websites and provide ability to custom the website towards customer’s needs. Certain cookie has a certain expiration date dependable on how you agree on and accept. The feature of cookies you can disable in settings of your internet browser.   

The website can contain links to other websites. Keep on mind that the Agency is not responsible for Terms and Conditions of other websites. When you leave the website, we strongly recommend to read their Terms and Conditions.

The website uses Google Analytics that does not identify personal users, nor relates yours or any others data to IP address on a Google platform. Reports that the Agency gets from Google Analytics are used only for the purpose of understanding and tracking data usage, and optimization of the website. However, aiming towards your personal information protection, we secure your IP address to stay anonymous the way Google doesn’t archive it.

By using the website you consent to Google’s use of your information under the Google Terms and Conditions described on their site: Google’s Privacy Policy and the above-mentioned reasons.

How long do we keep your information?

If you post a comment, a comment and other information related to it will be saved forever because of future automatic recognition and approval. The information of those who register on the website will be saved in their profiles. All users can see, edit and delete personal information at any time except changing their user name.

If you have an account on the website you can request a delivery of your personal information file that has all the information you have ever given to the Agency. Also you can request a removal of all those information form the Agency data base except for those we have to keep for the purpose of administration, law regulations or security.

Due to application process for a tour, trip or any other program, customer agrees and accepts that personal information are given to the Agency and can be used along with a law regulations and Terms and Conditions. The customer has a right to decline and/or change personal information usage and processing via email info@peakandpaddlecroatia.com or reaching out a person responsible for information processing in the Agency.

Website administrators can also see and edit those information.

CUSTOMER LIABILITY

By using the website you take a responsibility for provided information. It is strictly forbidden to misuse someone else’s identity in any way, false representation that could lead to the violation of any third party’s rights.

Please be aware that sending private messages via email to the Internet may be unsafe and subject to unauthorized access by third parties or misdirection. Any message received by e-mail will be considered unreliable, and the Agency is not responsible for the security and privacy of such messages.

The Agency takes all reasonable steps to protect user data stored in its databases and on its way to its databases, and the most important is installing the SSL protocol (https: //). Above all, the Agency and the website can not guarantee the security of user data that could be compromised by unauthorized access or use by third party system issues, and / or similar factors that could at any time compromise the security of user data, and to which the Agency can not have affect.

The website contains documents, information, information, and links to other Internet sites created by third parties that will be marked as such whenever possible. The Agency and the website have no control over the above mentioned documents, data, information or other Internet sites, and do not match the content of the same. This applies in particular to the accuracy, completeness and availability of content on Internet sites created by third parties.

The Agency and the website, to the maximum extent permitted by law, are exempt from any liability and are not liable for any damages that may arise in any way by using the website or is in any way connected with it, for any user action that comes through the use or misuse of the website content and for any damages that may arise to the user or any third party regarding the use or misuse of the use of the website content.

The Agency and the website can not be held liable for any content displayed on third-party Internet sites that may allow occasional access. Any such approach can not be interpreted in the sense of making a connection with The Agency or the website, nor the support of such Internet sites by the Agency and the website. The Agency and the website may contain links to other Internet sites but do not match the services or products that came with the website.

The Agency does not guarantee that there will be no mistakes and / or that the website work without interruption and at all times. The website may occasionally be unavailable due to various technical difficulties.

Comments posted on the website do not reflect the attitude of the owners and employees of the Agency as well as the users of the website. Opinions published in posts are not necessarily the views of the Agency owners and employees of the travel agency, as well as of the web site user, so that we are not responsible for any damage or inconvenience to another user or third party for breach of these Terms and Conditions.

CANCELLATION POLICY

All cancellations must be in writing – by e-mail at info@peakandpaddlecroatia.com .

Due to possibility of unexpected circumstances and events that might occur prior a tour, trip or any other program start and customer’s inability to attend a tour, trip or any other program, below is defined cancelation policy dependable on the moment of cancelation.

  • 30 or more days prior to arrival: withhold 10% of the payment made
  • 29-22 days prior to arrival: withhold 25% of the payment made
  • 21-15 days prior to arrival: withhold 40% of the payment made
  • 14-8   days prior to arrival: withhold 80% of the payment made
  • 7-0   days prior to arrival or no show: withhold 90% of the payment made

Failing to make appearance and travel without prior cancellation shall entitle the Agency to withhold 100% of the payment made regardless of the reason or reasons for the cancellation.

A tour, trip or any other program of the Agency is subject to change due to group abilities, weather, water levels, or special events of interest, and to avoid unnecessary risk or discomfort. In the case of severe weather, we reserve the right to conduct alternate and/or substituted programing.  In case of major changes or cancellations of a certain program booked by the customer, the Agency will advise the customer as soon as possible and provide the following options:

  1. The customer may accept a new departure date or destination
  2. The customer may accept a replacement a tour, trip, or any other program that can be a substitution to booked one
  3. The customer may cancel booking and receive a full refund of the money paid

Inform your booking contact person of your decision within 7 days of the offer. If the customer does not, the Agency will book a replacement package/excursion.

ACCIDENT AND LIABILITY INSURANCE

According to the Tourism Services Act, the Agency shall have a signed agreement with the insurance company against liability for damage caused to the Client by failing to meet obligations relating to the tour, trip, or any other program.

For all the programs that the Agency provides and conducts, Peak and Paddle LLC is insured with the Generali insurance company.

The prices for any program of the Agency do not include casualty and disease insurance, the risk of damage and baggage loss insurance. Nor do they include voluntary health insurance. By making the payment for a program, it is deemed that the customer/s has/have thus been advised to take additional health insurances. Which can be purchased directly at an insurance company of one’s own choice.

COMPLAINTS AND REFUND CLAIMS

Please contact your tour leader/guide or representative immediately if the tour services are incomplete or executed below standard. In order to find a satisfactory change. We will consider the refund claims as invalid unless the Agency was notified on time. Please send all refund claims to the Agency in writing within 7 days of the completion of the trip

The customer is entitled to compensation in the amount of real value of services that have not been provided. All and any possible disputes shall be settled at a Šibenik based court.

RESERVATION AND PAYMENT

By making a reservation/booking via the Agency website or an email, you can choose to pay the full amount at once for a tour, trip, or any other program via Bank transfer or PayPal. Or you can make a 40% deposit of the tour, trip or any other program value. Therefore the remaining 60% of the amount no later than 30 days prior to the departure itself. All payment within 30 days to the departure has to be in full amount.

By paying the first installment or a deposit of a tour, trip, or any other program price containing customer’s personal information and data on the program the customer is paying for, the customer shall accept in its entirety, and confirm that all items of these Terms and Conditions have been understood, therefore everything that is written herein shall become legally binding on both the customer and the Agency.