Allgemeine Geschäftsbedingungen

Where these general terms and conditions do not conform with the general terms and conditions for specific tours or services, these general terms and conditions apply.

Table of Contents:

1. Introduction
2. Announcements
3. Corrections
4. Changes in the General Terms and Conditions
5. Limitations and Restrictions
6. Payments
7. Cancellations and Service Changes
8. Responsibility
9. Confidentiality
10. Disputes and Venue
11. Customer Declaration

1. INTRODUCTION

1.1 The following general terms and conditions explain the rules of usage and the content of the contract that the customer enters with us.
1.2 While we strive to provide the service we advertise and want to give you the best possible experience, we do so by reacting and responding to the conditions presented with each tour. As we treat every customer as our best client and endeavour to provide the best service we possibly can, we have created these Terms and Conditions to protect both you, the client, and us, PULA TOURS, vl.Anto Lalić, and ensure we are able to offer you the experience we promise.

2. ANNOUNCEMENTS

2.1 Our primary method of communication is email. All requests, confirmations, changes or cancellations must be communicated to the ‘info@pulakayak.com’ email address to be considered; exceptions are indicated in 3.2. Communications made outside of this channel may not be considered and may affect your eligibility in other parts of these Terms and Conditions.
2.2 Any bookings and alterations to bookings made over the phone or via VOIP technology must be followed up with a response email on behalf of the client. If this is not possible before the tour start date the client must state this during the call. Bookings and changes may be made to +385 977 636 590 or the Skype handle pulakayak.

3. CORRECTIONS

3.1 The customer is obliged to be conscious about his transaction account and all the corrections that are performed. We are allowed to make correction to all mistakes or errors regarding collection of payments, issuance of invoices, calculation of commissions and discounts, and other transactions, including refunds and chargebacks.
3.2 The customer is obliged to announce immediately to us if he knows about mistakes or errors that have been made. Depending on what applies, both parties are responsible for correcting the balance of the transaction account in accordance with the correction that has been made.

4. CHANGES IN THE GENERAL TERMS & CONDITIONS

4.1 We periodically reviews its agreement to the client and may make updates or changes to reflect operating requirements and the responsibilities of us and the client. In the event of changes to the General Terms and Conditions we will notify the client and make available the updated Terms and Conditions. The client must agree to the new terms and conditions before entering into new agreements with us.
4.2 We reserves the right to make changes to the Terms and Conditions without notice.
5. Limitations and Restrictions
5.1 All clients participating in snorkeling must affirm they have previous swimming experience. Clients without swimming or snorkeling experience are not advised to participate in snorkeling tours with us.

6. PAYMENTS

6.1 We offers multiple payment methods, including cash and bank transfers.

7. CANCELLATIONS & SERVICE CHANGES

7.1 Cancellations or changes to service must be communicated as indicated in Section 2.
7.2 We reserves the right to cancel or alter tours and tour content based on availability, demand, weather or logistical concerns, or due to safety considerations. This may occur with little to no notice to the client, however we will endeavor to communicate any changes to scheduled activities at the earliest possible time. It is our the goal to find the best solution for any changes or cancellations in activities and may offer alternative dates or activities. We will also work with the client on a case-by-case basis for all adjustments and cancellations with the client’s interest and safety in mind.
7.3 The client reserves the right to cancel a tour at any time. Tours canceled on the behalf of the client are subject to a cancellation fee based on the type of tour booked and a set notice period:

Kayak Tours – Individuals (1 or 2 participants)

• Payment is due in full upon booking.
• Up to 48 hours prior to the tour departure time, 90% will be refunded.
• Within 48 hours of the tour departure time, no refund is available.

Kayak Tours – Group Bookings (3 participants or more)

• Payment is due in full upon booking.
• 8 days or more prior to the tour departure, 90% will be refunded.
• 3 days – 7 days prior to the tour departure, 75% will be refunded.
• Within 48 hours of the tour departure time, no refund is available.

8. RESPONSIBILITY

8.1 We takes your safety seriously and follows the Standards and Procedures of the „Safety of navigation on the sea and inland waters“.
8.2 We strongly recommends that all clients purchase their own travel insurance to cover unforeseen circumstances arising from vacation activities.
8.3 Subject to our Booking Conditions we are not responsible for any injuries or losses sustained whilst clients are on tours booked with us, whether conducted by us or a third party.
8.4 The client assumes responsibility for their own property and actions while on tour.
8.5 The invalidity of individual clauses of this agreement does not affect the validity of the document as a whole.

9. CONFINDENTIALITY

9.1 We may collect personal information about clients to further the service provided. This may include names, email addresses or other identifying information. At no time does we collect credit card information and requires that all payments be made via bank transfer or in cash.
9.2 We may use your email to periodically send newsletters or other information. This may be ceased at any time by replying to the email and requesting that such communications be stopped.

10. DISPUTES & VENUE

10.1 In case of a dispute between us and the client, or those that consider themselves a party to this agreement, and the dispute arises because of these general terms and conditions, disagreement, breaches of the general terms and conditions or the agreement based on them, the venue for such disputes is in the District Court of Pula. 10.2 Croatian laws apply to the relationship between the client and us. With regards to foreign business of the customer that we are handling, the laws of the relevant country apply, unless specifically otherwise agreed upon.

11. CUSTOMER DECLARATION

11.1 By agreeing to this application and these general terms and conditions, the client confirms that he has studied the general terms and conditions for partnership with us in detail and accepts all the content of it without limitations and obliges to adhere to it in all aspects. The client confirms specifically: a. That he has studied in detail and agrees to the general terms and conditions, specifically about our responsibility. b. That the agreement for services with us is entered into in its own benefit only.

Datenschutzerklärung

PULA TOURS, vl.Anto Lalić is committed to safeguarding your privacy. Contact us at if you have any questions or problems regarding
the use of your Personal Data and we will gladly assist you.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.

Table of contents:

1. Definitions used in this Policy
2. Data protection principles we follow
3. What rights do you have regarding your Personal Data
4. What Personal Data we gather about you
5. How we use your Personal Data
6. Who else has access to your Personal Data
7. How we secure your data
8. Children
9. Information about cookies
10. Changes
11. Contact information

1. DEFINITIONS

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – PULA TOURS, vl.Anto Lalić

2. DATA PROTECTION PRINCIPLES

We promise to follow the following data protection principles:

• Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
• Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
• Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
• Processing is limited with a time period. We will not store your personal data for longer than needed.
• We will do our best to ensure the accuracy of data.
• We will do our best to ensure the integrity and confidentiality of data.

3. DATA SUBJECT’S RIGHTS

The Data Subject has the following rights:

1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

4. DATA WE GATHER

Information you have provided us with
This might be your email address, name, phone, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and email address.

Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your IP address, your booking history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.

Publicly available information
We might gather information about you that is publicly available.

5. HOW WE USE YOUR PERSONAL DATA

We use your Personal Data in order to:

• provide our service to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
• enhance your customer experience;
• fulfill an obligation under law or contract;

We use your Personal Data on legitimate grounds and/or with your Consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

• to identify you;
• to provide you a service or to send/offer you a product;
• to communicate either for sales or invoicing;

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

• to send you personalized offers* (from us and/or our carefully selected partners);
• to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
• to conduct questionnaires concerning client satisfaction;

As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behaviour to be our legitimate interest.
With your consent we Process your Personal Data for the following purposes:

• to send you newsletters and campaign offers (from us and/or our carefully selected partners);
• for other purposes we have asked your consent for;

We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

• the link between purposes, context and nature of Personal Data is suitable for further Processing;
• the further Processing would not harm your interests and
• there would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

6. WHO ELSE CAN ACCESS YOUR PERSONAL DATA

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our business partners:

BOREAS TOURS, vl.Florian Burić, Vodovodna 18, 52100 Pula
Tel: +385 977 755 590
Email: info@boreastours.com
https://boreastours.com

BORA NERA d.o.o., Benussijeva 46, 52100 Pula
Tel: +385 977 378 077
Email: info@bora-nera.com
https://bora-nera.com

We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

We do not give collected information to any third parties without explicit permission of the client.

7. HOW WE SECURE YOUR DATA

We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

8. CHILDREN

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

9. COOKIES AND OTHER TECHNOLOGIES WE USE

We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

• Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
• Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and email in comment forms so you don’t have to re-enter this information next time when commenting.
• Analytics cookies – these cookies are used to track the use and performance of our website and services.
• Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com.

For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

10. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective and updated as of 1st May 2019
We reserve the right to make change to this Privacy Policy.

11. CONTACT INFORMATION

Our contact details:

PULA TOURS, vl.Anto Lalić
Teslina 30, 52100 Pula
OIB 11692379084
Tel: +385 977 636 590
Email: info@pulakayak.com
Web: pulakayak.com/

Our data protection officer:

Anto Lalić
Email: info@pulakayak.com

Allgemeine Geschäftsbedingungen

Where these general terms and conditions do not conform with the general terms and conditions for specific tours or services, these general terms and conditions apply.

Table of Contents:

1. Introduction
2. Announcements
3. Corrections
4. Changes in the General Terms and Conditions
5. Limitations and Restrictions
6. Payments
7. Cancellations and Service Changes
8. Responsibility
9. Confidentiality
10. Disputes and Venue
11. Customer Declaration

1. INTRODUCTION

1.1 The following general terms and conditions explain the rules of usage and the content of the contract that the customer enters with us.
1.2 While we strive to provide the service we advertise and want to give you the best possible experience, we do so by reacting and responding to the conditions presented with each tour. As we treat every customer as our best client and endeavour to provide the best service we possibly can, we have created these Terms and Conditions to protect both you, the client, and us, PULA TOURS, vl.Anto Lalić, and ensure we are able to offer you the experience we promise.

2. ANNOUNCEMENTS

2.1 Our primary method of communication is email. All requests, confirmations, changes or cancellations must be communicated to the ‘info@pulakayak.com’ email address to be considered; exceptions are indicated in 3.2. Communications made outside of this channel may not be considered and may affect your eligibility in other parts of these Terms and Conditions.
2.2 Any bookings and alterations to bookings made over the phone or via VOIP technology must be followed up with a response email on behalf of the client. If this is not possible before the tour start date the client must state this during the call. Bookings and changes may be made to +385 977 636 590 or the Skype handle pulakayak.

3. CORRECTIONS

3.1 The customer is obliged to be conscious about his transaction account and all the corrections that are performed. We are allowed to make correction to all mistakes or errors regarding collection of payments, issuance of invoices, calculation of commissions and discounts, and other transactions, including refunds and chargebacks.
3.2 The customer is obliged to announce immediately to us if he knows about mistakes or errors that have been made. Depending on what applies, both parties are responsible for correcting the balance of the transaction account in accordance with the correction that has been made.

4. CHANGES IN THE GENERAL TERMS & CONDITIONS

4.1 We periodically reviews its agreement to the client and may make updates or changes to reflect operating requirements and the responsibilities of us and the client. In the event of changes to the General Terms and Conditions we will notify the client and make available the updated Terms and Conditions. The client must agree to the new terms and conditions before entering into new agreements with us.
4.2 We reserves the right to make changes to the Terms and Conditions without notice.
5. Limitations and Restrictions
5.1 All clients participating in snorkeling must affirm they have previous swimming experience. Clients without swimming or snorkeling experience are not advised to participate in snorkeling tours with us.

6. PAYMENTS

6.1 We offers multiple payment methods, including cash and bank transfers.

7. CANCELLATIONS & SERVICE CHANGES

7.1 Cancellations or changes to service must be communicated as indicated in Section 2.
7.2 We reserves the right to cancel or alter tours and tour content based on availability, demand, weather or logistical concerns, or due to safety considerations. This may occur with little to no notice to the client, however we will endeavor to communicate any changes to scheduled activities at the earliest possible time. It is our the goal to find the best solution for any changes or cancellations in activities and may offer alternative dates or activities. We will also work with the client on a case-by-case basis for all adjustments and cancellations with the client’s interest and safety in mind.
7.3 The client reserves the right to cancel a tour at any time. Tours canceled on the behalf of the client are subject to a cancellation fee based on the type of tour booked and a set notice period:

Kayak Tours – Individuals (1 or 2 participants)

• Payment is due in full upon booking.
• Up to 48 hours prior to the tour departure time, 90% will be refunded.
• Within 48 hours of the tour departure time, no refund is available.

Kayak Tours – Group Bookings (3 participants or more)

• Payment is due in full upon booking.
• 8 days or more prior to the tour departure, 90% will be refunded.
• 3 days – 7 days prior to the tour departure, 75% will be refunded.
• Within 48 hours of the tour departure time, no refund is available.

8. RESPONSIBILITY

8.1 We takes your safety seriously and follows the Standards and Procedures of the „Safety of navigation on the sea and inland waters“.
8.2 We strongly recommends that all clients purchase their own travel insurance to cover unforeseen circumstances arising from vacation activities.
8.3 Subject to our Booking Conditions we are not responsible for any injuries or losses sustained whilst clients are on tours booked with us, whether conducted by us or a third party.
8.4 The client assumes responsibility for their own property and actions while on tour.
8.5 The invalidity of individual clauses of this agreement does not affect the validity of the document as a whole.

9. CONFINDENTIALITY

9.1 We may collect personal information about clients to further the service provided. This may include names, email addresses or other identifying information. At no time does we collect credit card information and requires that all payments be made via bank transfer or in cash.
9.2 We may use your email to periodically send newsletters or other information. This may be ceased at any time by replying to the email and requesting that such communications be stopped.

10. DISPUTES & VENUE

10.1 In case of a dispute between us and the client, or those that consider themselves a party to this agreement, and the dispute arises because of these general terms and conditions, disagreement, breaches of the general terms and conditions or the agreement based on them, the venue for such disputes is in the District Court of Pula. 10.2 Croatian laws apply to the relationship between the client and us. With regards to foreign business of the customer that we are handling, the laws of the relevant country apply, unless specifically otherwise agreed upon.

11. CUSTOMER DECLARATION

11.1 By agreeing to this application and these general terms and conditions, the client confirms that he has studied the general terms and conditions for partnership with us in detail and accepts all the content of it without limitations and obliges to adhere to it in all aspects. The client confirms specifically: a. That he has studied in detail and agrees to the general terms and conditions, specifically about our responsibility. b. That the agreement for services with us is entered into in its own benefit only.

Cookie-Richtlinien

We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

• Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
• Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and email in comment forms so you don’t have to re-enter this information next time when commenting.
• Analytics cookies – these cookies are used to track the use and performance of our website and services.
• Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com.

For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.