Potters Sailing Legal

LEGAL NOTICE

The company Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d, with the registration number 24736182205, provides interactive services through the website www.potterssailing.com involving the provision of information and content management, organisation and intermediation for the sale of guest accommodation services on vessels.

The user (buyer) is obliged to provide authentic and complete contact data when using the website www.potterssailing.com. Usage of the website www.potterssailing.com assumes implies that the user agrees that all the communication and interaction undertaken through the website is in accordance with the Terms of Service.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d, with the registration number 24736182205, is the exclusive owner of the entire conceptual content of the website www.potterssailing.com under copyright law.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d retains the right to change this statement at any time, provided that the changes enter into force on the day of publication on the website www.potterssailing.com. All users are required to read and scrutinize this Statement regularly in order to be acquainted with the terms thereof, and it is considered that the user is acquainted with the currently valid Confidentiality Statement by the very act of accessing the website www.potterssailing.com.

You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Service).

We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error-free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

  1. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Service; and
  2. any and all liability to you, whether arising under these Terms of Service or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

  1. use the Site for any fraudulent or unlawful purpose;
  2. use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
  4. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
  5. transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
  6. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  7. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
  8. remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
  9. frame or mirror any part of the Site without our express prior written consent;
  10. create a database by systematically downloading and storing Site content;
  11. use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
  12. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.

All information on the Site is subject to change without notice and without warranty.

The Site may contain links to other websites or may frame material from other websites. Such material has been created by or for the respective owners of those websites and is not under our control. We have not undertaken to verify the truth or accuracy of any such material and make no representation or warranty with respect to any such content.

The information and prices shown on the Site are updated from time to time and therefore may have changed by the time you come to book your charter or service. Although we make every effort to ensure the accuracy of all such information and prices, errors do occasionally occur. Therefore, you must ensure all details of your booking (including price) at the time of booking. We can accept no liability for changes in such information and/or price.

Please refer to our Terms of Service for further information on the terms governing bookings made through the Site.

 

TERMS OF SERVICE

Each user is required to take care of his/her computer equipment, including used and personal hardware and software. Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d is not responsible for any damage to any part of computer equipment that may result as a consequence of using the website www.potterssailing.com usage.

By accepting these terms, each user allows the usage and analysis of collected data for the purpose of e-mail notification. The website www.potterssailing.com agrees to use this information only for the purposes for which they were obtained from the ultimate user.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d emphasizes that all information contained in the advertisements, messages, text, photographs and other materials displayed on the website are the exclusive responsibility of the user (partner) from which such content originated.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d makes no guarantees regarding the truthfulness, completeness and accuracy of the content of such materials. By accessing the website, each partner or ultimate user irrevocably undertakes to reimburse any pecuniary or non-pecuniary damage which the owner of the website www.potterssailing.com suffered and which it incurred as a result of other users or third parties due to submitted and published material.

The user unconditionally declares that he/she will not hold Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d and its sales agents liable for restitution of any damages, including legal costs, which could result from the website www.potterssailing.com usage, except in the case of deliberate abuse of the site by the website owner.

This statement of responsibility applies to all types of damage caused by poor website quality and Internet connections, errors, interruptions, defects, delays in operation, computer viruses, theft, destruction, unauthorized access, hacking, contractual breaches, negligence or any other action.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d does not guarantee its users and partners that usage and exploitation of the website www.potterssailing.com will not be interrupted due to malfunctions in communications lines, failures, computer viruses, unauthorized access or misuse of data by third parties, improper action or any other action or failure to perform actions. Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d does not assume responsibility for any suffered damage.

Partners and users agree to receive periodic e-mails from the website's publisher in order to promote future activities and actions with the aim goal of providing improved quality and better service. Partners and customers also agree that the e-mails may contain advertising content. The partner agrees and authorizes the company Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d to use the content posted by users of other media for the purpose of publishing and marketing the company's own site.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d is not responsible for any eventual loss to the ultimate user or partner arising from their reliance on the information available on the site.

Any disputes which might arise between users (partners and ultimate customers) of the website www.potterssailing.com will be settled directly and solely between the users. Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d is not responsible and does not assume liability for damage of any kind incurred as a result of any such relationships.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d also reserves the right to delete offers which violate copyright and/or other intellectual property rights. The following are prohibited: discriminatory abusive, and slanderous offers, those contrary to good business practices or the usual rules of morality in business, or those that imply a stolen or illegal ship (goods) or damage the site’s reputation as a quality provider.

Advertisements placed by the partner must contain information regarding the service that is being sold, and other data according to the settings of the website. Offers that include photos of vessels must depict only the actual vessels being offered to guests.

In order to ensure top professional conditions and site content quality, Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d reserves the right to edit, change, delete or not publish any advertisements that do not comply with the aforementioned criteria.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d unconditionally reserves the right to perform supervision of the content of the website www.potterssailing.com (continuously or periodically) to ensure full compliance with these Terms of Use by all participants. Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d also reserves the right (without prior written or verbal notice and according to its own discretionary evaluation) to remove all material and cancel registered accounts which are not in accordance with the Terms of Service.

It is deemed that the user agrees that Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d use the information (taken from messages, comments or any other information on the site) for the purpose of performing market research and promotion of its services.

The invalidity of some of the conditions if deemed as such by a court or other competent authority will not affect the validity and legality of the remaining conditions of these Terms of Service.

If certain conditions are deemed invalid, Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d reserves the right to replace the invalid provisions with new ones which correspond to the purpose and sense of the replaced provisions.

Each user shall resolve all disputes arising from his/her relationship with Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d extra-judicially within sixty days. If a dispute cannot be resolved, the dispute will be resolved by the competent court in Zagreb, using Croatian law. 

Access to the website implies that each user has read and understood these Terms of Service in their entirety and that he/she fully and unconditionally agrees with them.

 

THE TERMS AND CONDITIONS OF SALE

for the service of accommodation of the guests on vessels via website www.potterssailing.com.

The Terms and conditions of sale that apply to the services cited on the website www.potterssailing.com are available from this website.

1.1. Potters Sailing provides the service of accommodation of guests on the vessel through the Internet. Potters Sailing is the trademark of the company Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d; registration number: 24736182205; E-mail address: info@potterssailing.com.

1.2. A customer is a natural person or legal entity represented by an authorized individual who accepts, in its entirety, and concludes the Agreement on accommodation of guests on vessels (Hereinafter: the Agreement) via website www.potterssailing.com. Natural persons aged under eighteen (18) are not accepted as parties to the Agreement, and not accepted as Customers. The Customer declares, under her/his full material and criminal responsibility that she/he is over eighteen or that it he/she is the individual authorized to represent the legal entity. Furthermore, the Customer declares under full material and criminal responsibility that she/he is legally empowered to complete the Booking Form in her/his own name or in the name of any agent, representative or legal entity and acknowledges that acceptance shall imply being bound by content of the Agreement and the Terms and Conditions of sale issued by the owner of the vessel or the natural person or legal entity authorized to represent the owner of the vessel.

1.3. The Partner is a natural person or legal entity that owns the vessel offered through Potters Sailing, or a natural person or legal entity authorized to represent the owner of the vessel.

1.4. The agreed price is the final price that the Customer is required to pay and is the essential condition of the conclusion of the Contract with the Partner

Through the website, Potters Sailing provides an online platform through which the Partner can advertise the vessels that are in compliance with the applicable regulations of the Republic of Croatia for nautical tourism services, and that are free and available for reservation, and Customers (visitors to the website) can make such a reservation freely and at any time. By making a reservation through www.potterssailing.com, the Customer enters into a direct (legally binding) contractual relation with the owner of the vessel for which she/he makes a reservation. From the moment of reservation, Potters Sailing acts solely as an intermediary between the Customer and the owner of the vessel (the Partner), transmitting the relevant details of the reservation, in its entirety, to the Partner, and sending the Customer a confirmation e-mail for, and on behalf of, the Partner, and other documentation necessary for the fulfilment of the Contract.

The information that Potters Sailing discloses on its website is based on the information provided directly or indirectly by the Partner. As such, the Partner is fully responsible for the availability of vessels and all the other data displayed on our website. Potters Sailing exercises its best professional effort and skill in providing services but can’t verify nor guarantee that all the information on the website is accurate, complete and correct, nor is Potters sailing liable for any errors, including obvious and spelling errors, inaccurate, false or misleading information, of for not updating the data.

Through the website, Potters Sailing offers its Customers assistance in concluding insurance from the termination of the reservation of vessels (journey) with a highly-rated insurance company pursuant to their General Terms of security.

Our website is not and can’t be considered as a recommendation or confirmation of the quality, service level or classification of any disposable vessel or person offering a vessel.

Upon the execution of a certain vessel reservation through our website, you will be provided via e-mail with a formal Agreement on the accommodation of guests on the vessel, which regulates the legal relationship between the Customer and the Partner.

Potters Sailing has the obligation to transmit the Partner, within the shortest possible time, all the relevant information on each reservation as indicated in the Booking Form.

Partner that provides services of accommodation of guests on vessels performs billing of the contracted price from the Customer for additional days of accommodation of guests on the vessel. Partner receives the agreed gross price from the Customer in his name and on his behalf. Potters Sailing issues a Commission Invoice to the Partner in a manner and according to the terms specified by the Agreement on the business cooperation executed with each Partner and Partner is obliged to pay the commission on Potter Sailing’s bank account no: HR5823900011101035448 at Hrvatska poštanska banka, dioničko društvo Jurišićeva 4, HR-10000 Zagreb.

Potters Sailing provides the Customer with confirmation of the reservation, including all services contracted, immediately upon receipt of the agreed price pursuant to the conditions stated on the website. A confirmatory voucher is also sent to the email address provided by the Customer for this purpose during the reservation service procedure within 48 hours of the receipt of the agreed price.

The Customer undertakes sole responsibility for the accuracy and truthfulness of the information requested in the Booking Form and shall be responsible for the timely update of submitted/entered data. The Customer expressly undertakes to provide the Partner with all the relevant information required for the conclusion and fulfilment of the contractual obligations.

The Customer is also solely responsible for full payment for the services contracted pursuant to the procedure cited on the website, respecting the clearly specified deadlines and the amount of each instalment.

Upon the reservation of the accommodation on the certain vessel, you agree to the relevant provisions in regard to the cancellation of the reservation and no-show policy, and to any additional terms and conditions (of the service providing) of the Partner that may also apply to your reservation or could be applied to your reservation during your stay. The general terms of business activity of the Partner in regard to cancellation and no-show are delivered to you via e-mail together with the reservation confirmation.

Please note that certain rates or special offers are not eligible for cancellation or change.

To review, alter or cancel the reservation, the instructions can be found in the reservation confirmation e-mail.  Please note that you could be charged a fee for a cancellation pursuant to the provisions of the Partner regulating the cancellation of the reservation and no-show. We kindly suggest you read the regulations (General terms of business activity) of the Partner regarding the cancellation of reservations and no-show.

The cancellation policy does not apply to reservations made within a period of less than 30 days from the day of the agreed taking over of the vessel and departure.

Potter Sailing is entitled to cancel the reservation free of charge within 48 hours from when the reservation was made, together with the refund of the entire amount paid without charging any fees or penalty, including the settlement of the entire costs of the money refund.

The confidentiality statement is applicable to the confidentiality of all the data contained, collected and saved in the database on the website www.potterssailing.com and by the company Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d, using the website www.potterssailing.com.

The provision of services through the website www.potterssailing.com by the company Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d is executed exclusively for the objective and desire to achieve maximum privacy protection for clients and visitors to this website.

In using this website, www.potterssailing.com, you are deemed to have read, understood and agreed to the terms and conditions of confidentiality of data in their entirety.

Data collected during use of the website can be classified into two types: personal and impersonal.

Personal data are exclusively related to a specific user. When the natural person or legal entity, opens a user account at website www.potterssailing.com, we require information on the name, address, social security number, email address, phone number etc. depending on the types of items you want to use on the website www.potterssailing.com.

Personal information is used for the purpose of implementing a contract between a user and the charter company in order to improve the functioning of the website, to ensure the execution of administrative tasks and to establish contact with you, as well as the improvement of our advertising and marketing results. Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d,has the right to submit your personal data at any time to the contractual party with whom you concluded the contract for accommodation of guests on a vessel. Moreover, Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d, has the right to submit your personal data to the competent state authority in order implement the applicable legal provisions.

Impersonal information is information that does not identify a specific user. This same information may include such items as the uniform resource locator (URL) of the website you visited prior to visiting our website, the URL of the website you visited upon visiting our website, the type of browser you are using and your internet protocol (IP) address.

Due to the nature of the Internet, Internet business and progress of technology of Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d, can’t guarantee complete and permanent protection of any information transmitted on or from the Internet website www.potterssailing.com.

This Statement applies only to use of information we collect from you as a user of our www.potterssailing.com website.

In the event of any concerns or questions about our privacy policy, or if you would like to alter or update some of the information, we kindly ask you to contact us at any time via our official e-mail address, providing the necessary information.

 

PRIVACY POLICY

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d is obliged not to misuse your personal information contained in the orderly form. Personal information is considered to be all the data used for determining Buyer’s identity (such as first and last name, email address, home address etc.).

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d will not deliver nor reveal Buyer’s personal information to third parties, apart from cases in which such actions are strictly mandated by the law in force and in cases when such actions are needed for the fulfillment of obligations.

All Buyer’s information is strictly protected and is available only to those employees who need such information in order to perform their job. All employees and business partners of Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d are responsible for respecting privacy protection principles.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d is obliged to ensure the protection of Buyer’s personal information by collecting only basic information on the Buyer’s, i.e. only information needed for the fulfilment of obligations.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d has the right to use information that is automatically recorded during each visit to the website, and is not considered as personal information (browser used, number of visits, time spent on the website etc.) for the sole purpose of making website visitation estimations and for website content and functionality enhancement.

Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d informs all Buyers regarding the usage of collected data and regularly offers its Buyers the choice when it comes to the usage of their information, including a possibility for a Buyer to decide whether he/she wants his/her name to be removed from the lists used in marketing campaigns.

In a  case of change of any personal information (for example, home address, reservation number etc.) that was provided during a registration process, the Buyer is obliged to inform Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d about such changes. In a case that Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d, was not informed of such changes mentioned above, Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d shall not be considered responsible not viable regarding any reservation problems.

The aforementioned provisions regarding personal information protection refer to the home web page of potterssailing.com to all pages inside potterssailing.com domain, they do not refer to exterior pages connected to potterssailing.com domain via links.

Apart from cases of the electronic order, Potters Sailing turistička agencija, obrt za usluge vl. Maja Lončar, Zagreb, Trnčevićev put 2d shall not dispatch emails to the Buyer if he/she does not clearly agree to be contacted in that manner.


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