Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
AGREEMENT BETWEEN YOU AND VILLAS FORUM LTD.
This Web site is made available to you by Villas Forum Ltd. and its various trading divisions ("VF").
BY
USING THIS WEB SITE YOU AGREE TO BE BOUND BY AND ACCEPT, WITHOUT
MODIFICATION, THE TERMS, CONDITIONS AND NOTICES PUBLISHED ON THIS WEB
SITE (the "Terms"). IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE
NOT AUTHORISED TO USE THIS WEB SITE.
These Terms apply both to your use of, and to all Internet traffic visiting, this Web site.
VF
reserves the right, in its sole, absolute and unfettered discretion, to
modify, alter or otherwise update these Terms at any time. Such
modifications, alterations or updates shall be effective immediately
upon posting. By using this Web site after VF has posted notice of such
modifications, alterations or updates, you agree to be bound by such
revised Terms.
This Web site will permit you to link to many
other web sites that may or may not be affiliated with this Web site
and/or with VF, and that may have terms, conditions and notices of use
that differ from, or contain terms, conditions and notices in addition
to, the Terms specified on this Web site. Your access to such web sites
through links provided on this Web site is governed by the terms,
conditions, notices and policies of use of those web sites, not this
Web site. Unless expressly stated otherwise, VF shall not be
responsible for the operation of, connection to or content of those web
sites.
VF does not guarantee the transmission or processing of
any information or on-line activity or transaction submitted to this
Web site. The transmission of any information does not mean the on-line
activity or transaction has been accepted or rejected, but merely
indicates that a transmission has been initiated. All on-line
activities and transactions are subject to written confirmation,
whether in electronic form or otherwise. Furthermore, the level of
service available on and from this Web site may vary, and this Web site
may be inaccessible or "down" for periods of time. VF reserves the
right to suspend or discontinue this Web site, in whole or in part, for
business or technical reasons. However, VF's services may be accessed
through traditional means, such as via telephone or through regular
post.
PRIVACY POLICY
VF will only use any personal information supplied by you when you
use this Web site in accordance with its Privacy Policy. Click here to
view the Privacy Policy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This
Web site is owned, controlled, managed and operated by Villas Forum
Ltd., Svetvinčenat 20, 52342 Svetvinčenat, Istria, Croatia . Tel. No. +
385 (0) 52 375 600. All rights reserved.
All content on this Web
site, including, but not limited to text, images, illustrations, audio
clips and video clips, is protected by copyrights, trademarks, service
marks, and/or other intellectual property rights (which are governed by
HR, EU, US and world-wide copyright laws and treaty provisions, privacy
and publicity laws, and communications regulations and statutes), and
are owned and controlled by VF, or by any third party content
providers, agents, subcontractors, suppliers, merchants, advertisers,
sponsors and licensors (collectively, "Providers") that have licensed
their content on this Web site or the right to market their products
and/or services to VF.
Content on this Web site or any web site
owned, operated, controlled or licensed by VF's affiliated or related
entities, associates or partners, or Providers, is solely for your
personal, non-commercial use. You may print a copy of the content, but
you may not modify, copy, display, perform, reproduce, republish,
license, create derivative works from, transfer, upload, post,
transmit, distribute, sell and/or exploit the content or information in
any way (including by e-mail or other electronic means), or any
software involved in utilising such content or information, for
commercial use without the prior written consent of VF, and/or its
affiliated or related entities, associates or partners. You may request
consent by faxing a request to VF at fax no.: + 385 (0) 52 375 600.
Without
the prior written consent of VF, and/or its affiliated or related
entities, associates or partners, or any company, your modification of
the content, use of the content on any other web site or networked
computer environment, or use of the content for any purpose other than
personal, non-commercial use, violates the rights of owners of VF's,
and/or its affiliated or related entities', associates' or partners',
or any company's, copyrights, trademarks or service marks and other
proprietary rights, is prohibited. As a condition to your use of this
Web site, you warrant to VF that you will not use this Web site for any
purpose that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting of any threatening or
libellous, defamatory, obscene, scandalous, inflammatory, pornographic
or profane material.
Given the unique nature of the Internet and
the need to secure VF systems and proprietary technology, VF reserves
the right in its sole, absolute and unfettered discretion at any time
to restrict or prohibit access to this Web site for any user for any
reason, and especially to restrict or prohibit access for users who
demonstrate patterns of abuse, or unusual or improper use of this Web
site or who violate these Terms. If you violate any of these Terms,
your permission to use this Web site immediately terminates without the
necessity of any notice.
You may not use on your web site any
trademarks, service marks or copyrighted materials appearing on this
Web site, including but not limited to any logos or characters without
the express written consent of the owner of the mark or copyright. You
may not frame or otherwise incorporate into your own, or another, web
site any of the content or other materials on this Web site without the
prior written consent of VF.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND "AS FOUND" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN
THOSE WARRANTIES WHICH, UNDER HR AND EU LAWS APPLICABLE TO THESE TERMS,
ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION. VF, AND/OR ITS AFFILIATED OR RELATED ENTITIES,
ASSOCIATES, OR PARTNERS, OR ANY COMPANY, DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. NEITHER VF, AND/OR ITS
AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY,
NOR PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF THIS WEB SITE, WARRANTS THAT THE FUNCTIONS CONTAINED IN
THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU
ACCESS ON THIS WEB SITE IS SOLELY FOR YOUR CONVENIENCE, INFORMATION AND
TRANSACTIONAL CAPABILITY ONLY.
VF DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF
ANY CONTENT INFORMATION, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT
TO YOUR USE OF THIS WEB SITE. VF ATTEMPTS TO ENSURE THAT THE CONTENT
THAT YOU ACCESS ON THIS WEB SITE AT ANY ONE TIME IS ACCURATE. HOWEVER,
THE CONTENT MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS AND
OMISSIONS. VF WILL DO ITS BEST TO CORRECT ERRORS AND OMISSIONS AS
QUICKLY AS PRACTICABLE AFTER BEING NOTIFIED OF THEM. CHANGES ARE
PERIODICALLY MADE TO THE CONTENT THAT YOU ACCESS ON THIS WEB SITE WITH
ADDITIONS, DELETIONS AND AMENDMENTS OCCURRING THERETO AND IMPROVEMENTS
AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY, DESIGN OR LAYOUT OF
THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE
IS AT YOUR SOLE RISK. YOU (AND NOT VF) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY
AGREE THAT NEITHER VF, AND/OR ITS AFFILIATED OR RELATED ENTITIES,
ASSOCIATES OR PARTNERS, OR ANY COMPANY, NOR PROVIDERS, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN
THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS
RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS,
DAMAGE (WHETHER INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL), LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE
ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB
SITE OR ANY OTHER LINKED SITE, EXCEPT IN RELATION TO LIABILITY, LOSS
AND DAMAGE FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.
BY
WAY OF EXAMPLE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
VF, AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS,
OR ANY COMPANY, OR PROVIDERS, SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS
OR DAMAGE ARISING OUT OF OR RESULTING FROM FAILURE OF PERFORMANCE OF
THIS WEB SITE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORISED ACCESS
TO OR ALTERATION OF PERSONAL RECORDS, OR OTHER MATERIALS APPEARING ON
THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VF IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD PARTIES.
VF, AND/OR ITS AFFILIATED OR
RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY, OR PROVIDERS,
SHALL ONLY BE LIABLE FOR DIRECT LOSS ARISING OUT OF OR RESULTING FROM
THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE
TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF
CONNECTED EVENTS.
THIS LIABILITY SECTION APPLIES ONLY AND TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless VF, its associates or
partners, or Providers, and its and their officers, directors,
employees, affiliated or related entities, agents, subcontractors,
suppliers and licensors from and against all losses, expenses, damages
and costs, including reasonable legal fees, resulting from any
violation by you of these Terms.
CANCELLATION AND REFUND POLICY
The following cancellation charges will apply for all the other periods
| Date of Cancellation |
Charge |
| 0-14 days before arrival |
100% of booking price. |
| 15-28 days before arrival |
90% of booking price |
| 29-42 days before arrival |
65% of booking price. |
| 43-55 days before arrival |
40% of booking price |
| More than 56 days to arrival |
ni |
LINKS
This Web site may contain links to other web sites ("Linked Sites").
The Linked Sites are provided for your convenience, information and, in
some cases, transactional capability, only and, as such, you access
them at your own risk. The content of any Linked Sites is not under the
control of VF, and VF is not responsible for, and does not endorse,
such content, whether or not VF is affiliated with the owners of such
Linked Sites. You may not establish a hyperlink to this Web site or
provide any links that state or imply any advertising, sponsorship or
endorsement of your own, or any other, web site by VF, and/or its
affiliated or related entities, associates or partners, or any company
or Providers.
USE OF VF BOOKING SERVICE
The VF Booking Service feature published on this Web site is
provided solely to assist you in determining the availability
travel-related products and services, conducting on-line transactions
and purchases, making legitimate bookings and receiving confirmations
in respect thereto or otherwise transacting business with suppliers,
and for no other purposes. You warrant that you are at least 18 years
of age and possess the legal authority to enter into this Agreement and
to use this Web site in accordance with all the Terms herein stated.
You agree to be financially responsible for all your use of this Web
site (as well as for use of your account by others, including without
limitation minors (persons under 18 years of age) living with you). You
agree to supervise all usage of this Web site under your name or
account. You also warrant that all information (including details you
provide to VF for the purpose of making enquiries and legitimate
bookings, purchasing travel-related products and services, and
conducting on-line transactions) supplied by you or members of your
household, or by third parties authorised and supervised by you, in
using this Web site is true and accurate.
You further
warrant that any credit or debit card that you use to conduct on-line
transactions is your own and that there are sufficient funds on such
credit and debit accounts to cover the costs of the travel-related
products you book and any travel-related products and services
purchased by you in connection therewith. If there are any changes to
the details supplied by you, it is your responsibility to inform VF as
soon as possible. Without limitation, any speculative, false or
fraudulent activities or bookings or purchases or on-line transactions
or any activities or bookings or purchases or on-line transactions in
anticipation of demand are prohibited.
VF's Booking
Conditions (whether such appear under the name of VF or any of its
trading divisions), which are separate terms and conditions to these
Terms, will apply to all on-line activities and transactions on and in
connection with the VF Booking Service feature published on this Web
site. You agree to abide by VF's Booking Conditions and/or the terms
and conditions of any of VF's affiliated or related entities,
associates or partners, or Providers, or other third parties authorised
by VF, with whom you elect to deal, including but not limited to
payment of all amounts when due and compliance with all rules,
regulations, restrictions and limitations regarding availability,
availability of travel fares and other travel-related products and
services, and the actual utilisation of travel-related products and
services purchased in connection with the above. Special rules,
regulations, restrictions and limitations may apply to a travel fare or
other travel-related product or service selected by you. If they do,
these special rules, regulations, restrictions and limitations will be
drawn to your attention before confirmation of your booking or purchase.
VF
will not be responsible for the provision of travel-related products
and services offered by its affiliated or related entities, associates
or partners, or any company or Providers, or other third parties
authorised by VF, to you, whether or not VF is acting as agents for any
such entities, or for any aspect of the relationship between you and
any one or more of those entities. You shall be responsible for all
charges, fees, duties, taxes and assessments arising out of the use of
this Web site or arising in the course of undertaking on-line
activities and transactions on and in connection with the VF Booking
Service feature published on this Web site.
This Web site
will not prevent you from requesting or making impossible bookings or
purchasing incompatible travel-related products and services, such as
two ferry crossings to the same destination on the same date, or two
ferry crossings to different destinations for departure on the same
date, or a ferry crossing to one destination and a holiday villa rental
to another place covering the same travel dates. If you make those
kinds of impossible or incompatible enquiries, bookings or
travel-related purchases, you accept that these are your voluntary
acts, errors, defaults and/or omissions, that these are your entire
responsibility, and that VF will not be liable to give you a refund,
either in whole or in part, or be obliged to rectify the situation, for
you undertaking any such mistaken, careless or negligent enquiries,
activities and on-line transactions.
IMPORTANT PAYMENT NOTICE
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.
CURRENCY CONVERTER
Cost of foreign products or services may be subject to currency
fluctuations. Currency rates are based on various publicly available
sources and should be used as guidelines only. Rates are not verified
as accurate, and actual rates may vary. Currency quotes are not updated
every day. The information supplied by this application is believed to
be accurate, but VF, and/or its affiliated or related entities,
associates or partners, or any company or Providers, and/or their
respective agents, subcontractors, suppliers and licensors do not
warrant or guarantee such accuracy. When using this information for any
financial purpose, VF advises you to consult a qualified professional
to verify the accuracy of the currency rates. VF, and/or its affiliated
or related entities, associates or partners, or any company or
Providers, and/or their respective agents, subcontractors, suppliers
and licensors do not authorise the use of this information for any
purpose other than personal use and prohibit to the maximum extent
allowable the resale, redistribution, and use of this information for
commercial purposes.
LAW AND JURISDICTION
This Agreement (and any disputes, claims or proceedings of
whatsoever nature arising out of or in any way relating to the use of
this Web site and/or the VF Booking Service feature published on this
Web site) is governed by and shall be construed in accordance with the
laws of Croatia . You hereby consent to the exclusive jurisdiction of
the Croatian courts in all disputes arising out of or relating to the
use of this Web site. Those who choose to access this Web site from
outside Croatia are responsible for compliance with local laws, if, and
to the extent that, local laws are applicable. You may not use or
export materials or content contained on this Web site in violation of
HR laws and regulations.
If any provision of these Terms
shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and VF either as a result of this
Agreement or your use of this Web site.
ENTIRE AGREEMENT
The provisions of these Terms, and each obligation referenced
herein, represent the entire Agreement between VF and you and supersede
any prior proposals, agreements or understandings (whether oral or
written) not incorporated herein. In the event that any inconsistencies
exist between these Terms and any future published terms, conditions
and notices of use or understanding, the last published Terms or terms,
conditions and notices shall prevail.
A printed version of this
Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY VF.
Date Published: February 2008