General conditions and rules of use of the ExploreSlovenia.si portal and reservation system for users/subscribers
1. Acceptance of the Terms and Conditions of Use
- The User accepts the General Terms and Conditions during the reservation process or during the Portal registration process. The User hereby confirms that he has read, understood and agrees to the General Terms and Conditions. This also applies to the Protection of Personal Data and to the provisions on the management of personal data.
- The general terms and conditions are valid at the time of the reservation, in terms of content they determine the contractual relationship between the User and the Manager (Contract). The contract is valid and binding and comes into force in accordance with the second indent of this point.
- The General Terms and Conditions can be changed by the Administrator at any time and are binding on Users in the form that is changed each time. We recommend that you check the applicable conditions each time you make a reservation.
- The change in terms and conditions does not affect reservations made and reservations in progress for which the User has already accepted the General Terms and Conditions.
2. Obligations of the User
By making reservations on the Portal, the User undertakes to respect and comply with the provisions of this point as follows:
- The User enters only true, correct and non-misleading data into the Portal’s reservation system. User is also obliged to carry out only real and not misleading activities on the Portal.
- After making a reservation or registering on the Portal, the User logs into his user account with his username (e-mail address) and password.
The portal offers users online reservations for experiences, accommodation and tourist packages offered by Partners/Providers. Within this framework, the Portal and the reservation system offer the User:
- Compiling an individual package of experiences and accommodation from one or more providers;
- Secure online payment of booked experiences, accommodation and tourist packages with an advanced payment service;
- Forwarding inquiries to the Provider for specific experiences;
- Cancellation of the reservation in accordance with the terms of cancellation of individual products according to the Provider’s terms and conditions.
- With the service of capturing, transferring, processing and displaying information and data, the Portal with the reservation system is an intermediary between the User and the Provider of the experience, accommodation or package.
- By submitting a product reservation through the Portal’s reservation system, the user enters into a direct and legally binding contractual relationship with the provider of the product (experience, accommodation or tourist package).
- The portal with the reservation system, by capturing, transferring, processing and displaying information and data, acts as an intermediary in the reservation and payment of the reservation between the User and the Provider.
- The user via the reservation system on the Portal at the moment of submitting the reservation: makes a confirmation reservation for an experience, accommodation or tourist package, which the Provider confirms or rejects within 48 hours;
- The user makes a reservation of products by online payment or by reserving funds on a credit card;
- All rights and obligations from the contractual relationship from this point, which are not specifically agreed in these General Terms and Conditions, are judged according to the Code of Obligations.
- The portal and reservation system informs the User and the Provider about the steps and changes in the reservation.
4.1. Instant online reservation with online payment – instant reservation
- The reservation of the experience, accommodation or tourist package is concluded upon successful online payment of the reservation amount immediately.
4.2. Reservation on request and confirmation with online payment:
- Due to the nature of their services, the reservation of experiences and packages is physically confirmed by the Provider within a maximum of 48 hours. When submitting a reservation with an included experience, the user receives a notification about the reservation in progress. A confirmation reservation is successfully completed and confirmed or rejected within 48 hours of its submission.
- If the Provider does not confirm or reject the reservation within 48 hours, the system itself rejects it and the Provider is considered to have withdrawn from the reservation.
4.3. If the reservation of one or more experiences is refused, the User:
- Cancel the entire reservation at no cost or
- With immediate booking, you book already confirmed experiences and accommodation in a package or
- Change the selection of experiences and accommodation and repeat the booking process for confirmation.
4.4. The data recorded in the reservation details are elements of the contractual relationship between the User and the Provider.
5. Cancellation of reservation
- The terms of cancellation of the reservation are determined by the Provider himself, for each product separately.
- The conditions for cancellation of the reservation are indicated in the Reservation System when each product is publicly announced and recorded in the reservation details, which the User receives by e-mail.
- The conditions of cancellation of the reservation are an integral part of the contractual relationship between the User and the Provider in the case of a reservation.
- In the event that the Provider does not specify the terms of cancellation of the reservation for its product, the General terms of cancellation of the Portal apply, which are published on the page: Terms of cancellation of Explore Slovenia
- In case of cancellation of the reservation, the conditions of cancellation that were valid at the time the reservation was submitted always apply.
- In case of cancellation or change of reservation made with online payment, the Portal and the Manager operate according to the conditions stated in the offer or the general cancellation rules of the Portal apply.
- In the case of the User’s cancellation of the reservation of products made with online payment, the Manager, in accordance with the conditions of cancellation of the product reservation and these General Terms and Conditions, will charge the User the cost of the cancellation of the reservation and transfer the difference to the account from which the User made the online payment of the reservation.
- The cost of cancellation of the reservation is equal to the value determined by the conditions of cancellation of the reservation of the product. In case of cancellation of the reservation of the package of products, the cancellation fee will be charged according to the conditions of cancellation of the reservation of each product.
5.1. Reservation cancellation conditions do not apply in the following cases:
- in case of cancellation of the reservation due to force majeure and
- in case of cancellation of the reservation due to non-confirmation of at least one experience in a dynamically assembled package, the User may cancel all products that make up such a package free of charge within 48 hours of submitting the reservation.
- The conditions for cancellation of the reservation also apply if the User does not arrive (so-called “no-show”) and has not canceled the reservation. The exception is not the arrival of the so-called “no-show” due to force majeure.
6. Change of reservation
- The user can change the reservation of products in agreement with the Provider, insofar as the Provider allows this possibility.
- The user is aware of the fact that some products cannot be canceled without paying the cost of cancellation of the reservation and that certain changes to product reservations are only possible with an additional payment.
- The User and the Provider have the right to change reservations in case of force majeure that could not be foreseen or avoided.
The user has the right to change the reservation, namely:
- In case of force majeure, the Provider reserves the right to exchange the reserved product with another equivalent product for the same or lower price than the one confirmed by the User when the reservation was made.
- The Provider can change the product only on the condition that it notifies the User in writing at least 24 hours in advance by e-mail about the change of product and the reason for the change, and the User agrees to the proposed change.
- In the event that the User does not agree to the exchange of the product, he may withdraw from the contract without cancellation costs. The Provider is obliged to reimburse the User for the entire payment of the reserved product.
- The same rules apply in the event that the replacement of the reserved product is not possible.
- With direct online payment of the reservation, the user pays the entire amount for the reserved products at the time of making the reservation.
- Booking services on the Portal are free for the User.
- When making a reservation, the user receives the details of the reservation by e-mail indicating the amount already paid. The details of the reservation, in the case of an already made payment, are considered as a payment confirmation (Voucher).
- An invoice for the services of the reserved products is issued to the User by the Provider, who also guarantees all rights from their contractual relationship and the Code of Obligations.
- In the case of a reservation with payment at the Provider, it is necessary to ensure a reservation of funds with a credit card, as a safeguard in case of non-payment at the Provider or no-show-non-use. A reservation without a successful reservation of funds is invalid.
8. Security and Personal Data
- The administrator collects, stores and processes data on means of payment and personal data of Users, only for the need to make online payments.
- The Administrator and the Provider are responsible for the processing and protection of personal and other data shared by the User for the purpose of online payment for products.
- For protection, security and encryption during data transfer, the Operator uses “Secure Socket Layer (SSL)” technology.
- The online payment processor (bank or payment intermediary) takes care of secure authorizations and credit card transactions. Credit card authorizations take place in real time with immediate verification of data from banks.
- All personal data entered by the User during the reservation process and all personal data of Providers and other Partners are collected, stored and processed only for the purpose of making a reservation and executing the contract.
- The purpose of collecting, using and processing personal data and the rights of Users have been defined in the document Protection of personal data – GDPR.
- The Manager and Providers have access to confidential data when performing contractual relationships.
- The Administrator and the Providers undertake to treat all data obtained in the performance of contractual relations as confidential.
- Confidential data is defined as information about Users and Providers/Partners, business and financial results, operational and similar non-public data, which are designated as private or confidential by the Administrator, an individual Partner or are confidential by law.
- The Administrator and the Providers will protect the data defined as confidential in accordance with this point in accordance with the applicable provisions on the Protection of Personal Data and with the provisions of commercial secrecy.
10. Liability and limitations of the Manager’s liability
- The contents of the tool and the functionality of the Portal are offered “as is”, without any other guarantees.
- The administrator undertakes to perform its services, which are the capture, transfer and processing of data and the display of information within the Portal, with care and conscientiousness.
- The Manager reserves the right to suspend the provision of the Portal services in whole or in part, at any time and for the necessary time, without prior notice, in the event of compromised data security, prevention of major damage and other urgent reasons.
- The Operator is not responsible for errors caused by any interruption (temporary or partial) of the operation of the Portal services (e.g. due to a power outage, internet), due to the failure, repair, upgrade or maintenance of software or hardware or any other reason that is not related with the operation of the Portal and its tools under normal operating conditions.
- In no case is the Manager liable for any indirect or direct damage arising from the use or inability to use the services of the Portal in whole or in part, including and without limitation regarding data loss, computer error or malfunction or other harmful events.
11. Intellectual Property Rights
- All software necessary to provide the Portal service, available and used on the Portal, with all intellectual property rights for content and information on the Portal, are owned by the Controller and its Partners. The provision applies unless expressly agreed otherwise.
- The administrator reserves exclusive ownership of all rights arising from the title and interest of the Portal.
- The user may not copy, use, combine or in any other way use the contents published on the Portal and the Explore Slovenia brand without the express written permission of the Manager and Partners.
- Any illegal or unauthorized use, or the actions listed in point 11, represent a violation of the intellectual property rights of the Manager and the rights to use the database, for which the User is liable for damages.
12. Complaints and appeals
- Any claims and complaints regarding the services of the Manager are accepted in writing to the email address firstname.lastname@example.org.
- All appeals and reclamations must contain a precise indication of the deficiency, which is the reason for the complaint and the period when the deficiency was detected.
- The user must also provide contact information when making a complaint.
- A screen image of the deficiencies significantly helps in solving a complaint or reclamation.
- The manager will respond to the complaint within 14 days.
- In case of misleading or incorrect information about the product in the reservation system of the Portal, the Provider is responsible. Complaints, which result in the User’s request for a reduction in the price of the product, are addressed by the User directly to the Product Provider. The manager is not responsible for such cases.
- If the Manager becomes aware of a case of misleading or incorrect information about the offer, which is a violation of the contract between the Manager and the Partner, he will take appropriate action.
13. Dispute Resolution
- The User and the Operator will resolve any disputes that may arise on the basis of acting in accordance with these General Terms and Conditions by agreement.
- In the case of judicial settlement of disputes, these Rules and other relationships are judged in accordance with Slovenian regulations.
- All disputes arising from these Rules and from relations in connection with them are conducted exclusively at the competent courts in the Republic of Slovenia.
14. Final Provisions
- The platform with the reservation system is based on electronic procedures, which can be disrupted. Therefore, the Operator is liable for violations of obligations only in the case of intent or gross negligence.
- Force majeure is considered a situation that could not be foreseen or avoided before the reservation was made and must be documented with valid official documents.
- These terms and conditions are binding for Users in any modified form. The exception is Users with reservations made or reservations in progress who accepted the General Terms and Conditions before they were changed.
- These General Terms and Conditions enter into force on the day of their public publication on the Portal.
- In the event of a discrepancy between the English and Slovenian text of these General Terms and Conditions, the Slovenian text is decisive.
Questions regarding the General Terms and Conditions can be sent to the Administrator at the e-mail address: email@example.com
Validity of the General Terms and Conditions from: 1.9. 2022