BOOKING GENERAL TERMS AND CONDITIONS – Services at Valamar properties

1. General Information

These General Terms and Conditions (GTC) shall apply to bookings of services provided at Valamar properties (such as rental of sunbeds and any other services – hereinafter referred to collectively as: Services).

Bookings can be made via the Valamar website only by Valamar guests who have received a notification via the Valamar mobile app or e-mail sent by Valamar allowing the booking of the Service to be made. The notification shall be sent to guests who booked a stay at a Valamar property or who are currently staying at a Valamar property. The Valamar website and mobile app are hereinafter referred to collectively as Valamar Platforms.

By booking services through the Valamar Platform, a one-off distance service contract shall be concluded between:

  • the Customer (guest) and
  • the service provider and trader:

           Valamar Riviera d.d.
           Republic of Croatia, Poreč, Stancija Kaligari 1,
           Company Reg. No. (MBS): 040020883 registered with the Commercial Court in Pazin,
           PIN (OIB): 36201212847
           (hereinafter referred to as: Valamar)

           Contact details:
           Pical Resort
           T: +385994888985
           E-mail: pical.beach@valamar.com

Other basic information about Valamar is available at www.valamar-riviera.com, and about the accommodation at www.valamar.com.

Valamar shall be considered a trader within the meaning of the Consumer Protection Act.

By booking the Service, you acknowledge that you are aware of and accept these General Terms and Conditions. If you do not agree to and do not accept the rights and obligations under these GTC, you must not contract the Services. By booking the Services, you confirm that you are over 18 years of age, that you have read, understood, and accept the rights and obligations under the GTC, and that you agree that they fully apply to you.

2. Service Description

Please consult the Valamar Platform for all the details about the Services, the prices and what is included in each price.

For example, when reserving sunbeds on the beach, bear in mind that it is not possible to reserve a specific spot. Guests will be assigned sunbeds according to availability at the moment of arrival. However, we will do our best to cater to guests’ preferences, where possible. Also, sunbeds are reserved for the entire day, and not a specific time of day.

Valamar Riviera d.d. reserves the right to remove a Service from the offer or introduce new Services at any time.

3. Customers, Service Users

The Customer is a natural person of age and possessing full legal capacity, who has booked and paid for the Service, and is also a guest staying at a Valamar property. By accepting these General Terms and Conditions, the Customer confirms that they are over the age of 18 and possess full legal capacity.

If the Customer books the Service on behalf of another person, they undertake to inform that person of all relevant rights and obligations under these General Terms and Conditions, in particular, of the information regarding personal data processing, as well as the rules on the use of Services and the house rules of the property. In any event, the Customer shall be liable to pay for the Service.

Customers shall be required to use the Valamar website in good faith and solely for the purpose of booking Services, and any use for other purposes, including, but not limited to, the resale of Services, providing incorrect information and making false bookings, shall be prohibited.

Service Users means any natural persons, both adults and minors, who are using the Services. Minors shall be accompanied by an adult.

Valamar properties means accommodation facilities of Valamar Riviera d.d. located in Croatia and Austria, as well as accommodation facilities of other companies it manages. For the purposes of these General Terms and Conditions, Valamar properties means properties listed on the Valamar Platform in connection with a service being booked.

A one-off distance Service Contract (hereinafter referred to as: the Contract) means a contract entered into by the Customer through the Valamar website when booking and paying for Services on their own behalf and/or on behalf of another person, comprising:

  1. these GTC (including the house rules of the property), and
  2. specific service terms and conditions (booking details) indicated alongside information about certain services (e.g., type of service, date of booking, time of booking, service description, etc.) found on the Valamar website and selected by the Customer.

4. Bookings

Bookings shall be made online through the Valamar website no later than by 8 p.m. on the day before using the Service.

To make an online booking, the Customer needs to:

  1. choose a Service (type of service, quantity, number of persons, date and other specificities, depending on the type of Service);
  2. enter their details (name and surname, telephone number, e-mail address, hotel name, room number or booking number);
  3. choose a payment method (room charge or payment upon arrival at the property).

After successfully completing the booking process, the Customer will be shown the booking details and receive a booking confirmation e-mail with all relevant information to the e-mail address provided at the time of booking.

The Customer will be able to check and modify the entered information before the final confirmation of the booking.

NOTE: If requested by the Customer in any way, Valamar staff shall book the Service through the Valamar website, whereby these General Terms and Conditions shall apply accordingly.

We especially instruct Customers to check all the booking confirmation details.

The booking confirmation shall be sent to the Customer’s e-mail address and contain a unique Service booking number for Customer identification.

5. Prices and Payment

Prices shall be listed on the Valamar website for each service and shall be valid at the time of booking. All prices shall be expressed in EUR and include related value added tax (VAT).

Different prices may apply to different categories of customers, and a service may be used with no additional charge, depending on the services and benefits included in the price of accommodation.

Customers are instructed to check carefully what is included in each price at the time of booking, as specified in the terms and conditions for each service on the Valamar website.

Payment for the Service shall be made on the spot, before using the Service. As an exception, guests staying at a Valamar property at the moment of booking the Service may choose to be charged to their room.

Customers shall not be entitled to a calculation or payment of interest on the paid amount with regards to any prior payments, including advance payments.

6. Booking/Contract Cancellation and Changes

Bookings may be cancelled or changed free of charge at the latest 24 hours before the booked appointment by using the contact details on the link FREE CANCELLATION in the booking confirmation.

In the event of cancellation within 24 hours prior to the booked appointment or in the event of a no-show, the Customer shall be charged for the full amount of the Service booking as a late cancellation or no-show fee agreed in advance, regardless of whether or not the appointment was reallocated to someone else.

Customers shall not be entitled to a unilateral termination of a distance service contract in accordance with Article 79 of the Consumer Protection Act within 14 days as this right is excluded under Article 86 of the same Act given that the contract stipulates that the service is to be provided on a specific date or within a specific period.

The service provider may cancel the contract for justified reasons, in the following cases:

  • no-show of the guest
  • incorrect information provided in the booking
  • occurrence of infectious diseases and other safety reasons
  • violation of the property’s house rules by the Customer and/or service user for whom the Customer made the booking
  • adverse weather conditions
  • violation of these General Terms and Conditions

Also, in the event that the Customer makes one or more bookings that deviate from the expected needs for private purposes (e.g., if the Customer books multiple Services at the same time), Valamar reserves the right to refuse or cancel the booking. In such cases, any contracts that may have been concluded shall not be binding on either Party. Valamar undertakes to inform the Customer of such cases within a reasonable time.

In the event the Customer fails to use the service through no fault of their own, and the service has already been paid, the Customer shall let the reception staff know no later than 2 (two) days from the date the service should have been used, in order to exercise their rights.

Each Party may cancel the contract in the case of force majeure, which shall be assessed on a case-by-case basis.

7. Customer / Service User Obligations

Read these GTC carefully, as well as specific terms and conditions indicated alongside information about specific Services. We especially instruct you to check all the booking confirmation details.

When filling in your information, you warrant that it is your own, accurate and true.

Service users shall be responsible for their personal property. If you happen to lose or find an item during your stay, please notify the reception or other available staff thereof. If you wish that a lost item be sent to you following your departure, keep in mind that the Customer is fully liable for postal charges. Valamar shall not be liable for any loss of or damage to personal items or jewellery in the entire beach area.

Please comply with the property’s house rules, use the service in accordance with safety regulations, and comply with rules of conduct and staff instructions.

8. Personal Data Protection

Controller

Valamar shall act as the controller for the data required to perform and charge for the service, and undertakes to protect your personal data. The collection and storage of data shall be carried out in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as: the Regulation), the Act on the Implementation of the General Data Protection Regulation (Official Gazette 42/2018), and other regulations governing the subject in question, which are in force in the Republic of Croatia.

Legal Basis and Purpose of Processing

Your personal data (name, surname, e-mail address, telephone), as well as data related to the booking, hotel name, room number or accommodation booking number, type of service, and details related to the Service, collected when booking the Services, shall be processed by Valamar as the controller for the purpose of performance of the contract, including enabling and providing the booked service, as well as complying with legal obligations, and may use your personal data for other purposes in accordance with applicable regulations.

The processing of personal data is based primarily on the need to perform the contract for the service you requested, namely the receipt and confirmation of your booking of the Service; enabling your booking and recording of all necessary data for processing your booking; enabling changes to or cancellation of your booking; sending a booking confirmation e mail; sending an e mail or text message, if necessary, to notify you of the status of or changes relating to your booking; charging penalties in the event of no-show, in accordance with the booking policy, and also, in certain cases, on the requirement to comply with applicable legal regulations (such as regulations on issuing and storing invoices).

Furthermore, we store data on your complaints and objections. For example, under the Consumer Protection Act, the trader shall be required to keep and maintain records of written complaints on a durable medium for one year from the date of receipt of the written complaint from the consumer. However, records of complaints may be kept beyond this period, depending on the circumstances.

Data Transfer

For online bookings, Valamar uses the booking platform provided by Turneo Ltd, with its registered office at 71–75 Shelton Street, London, WC2H 9JQ, United Kingdom (Company number: 13986503). Valamar and Turneo Ltd have specified appropriate contractual and organisational measures to ensure the lawful processing and protection of personal data in accordance with applicable data protection rules. Turneo may process and consolidate data of persons who book the service on an anonymised basis (in a form that does not allow Partners, Customers or any other individuals to be identified) for the purpose of ensuring the security of the platform, fraud prevention, invoice calculation and issuance, service improvement, statistical analysis, and internal product development.

Further Processing on the Grounds of Legitimate Interest:

Customer satisfaction surveys – After using a service, we may send you a customer satisfaction survey to your e mail address. Completing the survey is entirely voluntary, and its primary purpose is to collect feedback in order to improve service quality.

Direct marketing – We may use your contact details to send promotional messages relating to Valamar properties, special offers, promotions, events and related services. Messages may be sent via e mail, text, or instant messaging platforms (such as Viber, WhatsApp).

You have the right to object to the processing of personal data for the purpose of direct marketing and/or sending a customer satisfaction survey at any moment, without any negative consequences. You can submit your objection via e mail at: dpo@valamar.com.

Your Rights

Regardless of the basis for data collection, data subjects may exercise the following rights free of charge within the limits stipulated in the Regulation:

  • right to information
  • right to erasure (“right to be forgotten”)
  • right of access to data
  • right to rectification
  • right to data portability
  • right to object: when VALAMAR processes data on the basis of its legitimate interests which override the interests of the data subject
  • right to restriction of processing.

In any case, you shall also have the right to:

  • object
  • lodge a complaint with a supervisory authority (Croatian Personal Data Protection Agency) if you believe that your rights to data protection have been violated.

Valamar Data Protection Officer: dpo@valamar.com;

Privacy Policies

For more information about personal data processing, please consult Valamar Privacy Policies at https://www.valamar.com/hr/izjava-o-privatnosti.

9. Notice on Submitting Written Complaints

In accordance with Article 10 of the Consumer Protection Act, we inform Customers – natural persons and consumers to submit their written complaints about purchased goods, provided service or the trader’s business dealings with the consumer under the responsibility of Valamar, by mail to the addresses of Valamar Riviera with the indication “Written Complaint” or by e-mail to prigovoripotrosaca@valamar.com, or in person at the reception desk of the property.

We will send a confirmation of receipt of the Customer’s complaint as soon as possible, and our written response to the Customer’s complaint no later than 15 days from the date of receipt of the complaint.

10. Governing Law and Dispute Resolution

The contractual relationship shall be governed by Croatian law.

The Parties shall seek to resolve any dispute amicably, and we ask you to always contact us directly at the e-mail address: pical.beach@valamar.com so that we can help resolve any issues as quickly as possible.

Also, the consumer may:

  • submit a written complaint to the trader at its registered address or by e-mail at prigovoripotrosaca@valamar.com
  • make use of alternative dispute resolution (ADR) for consumer disputes before the competent authorities in Zagreb, Croatia
  • initiate proceedings before the competent court.

All disputes shall be resolved before the competent court according to the place of the registered office of Valamar.

11. Final Provisions

If any provision of these GTC is found by any court or other competent authority to be or to have become void, invalid or unenforceable, it shall be severed from these GTC, and the remaining part thereof shall continue in full force and effect.

We reserve the right to amend the GTC at any time without prior notice, and shall not be liable for any resulting damage.

Any amendments to these GTC shall be published.

Valamar Riviera d.d.