GENERAL BOOKING TERMS AND CONDITIONS – Valamar Children's Academies Services

1. GENERAL

These General Terms and Conditions shall apply to bookings for Valamar Children's Academies services at Valamar Pical Resort in Poreč (hereinafter: the Services).

Bookings are made via the Valamar website, which is accessible exclusively to guests of Valamar Pical Resort who receive a notification about the possibility of booking the Services through the Valamar mobile app or e-mail sent by Valamar, namely guests who have booked accommodation or whose stay is already in progress.

The Valamar website and mobile apps are hereinafter collectively referred to as the Valamar Platforms.

By booking Services via a 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,

Personal Identification Number (OIB): 36201212847

(hereinafter: Valamar)

Contact details:

Valamar Pical Resort

T: 099 4424 036

E-mail: academiespical@valamar.com

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

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

By booking a Service, you confirm that you have read and accept these General Terms and Conditions. If you do not agree with or accept the rights and obligations set out in these General Terms and Conditions, you must not book the Services. By booking the Services, you confirm that you are over 18 years of age, that you have read, understood and accept in full the rights and obligations set out in these General Terms and Conditions, and that you agree that they fully apply to you.

2. DESCRIPTION OF THE SERVICE

Please consult the relevant Valamar Platform for detailed information about the Services, prices and what is included in each price.

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

The Services are provided within the Valamar Pical Resort premises, including the beach, depending on the conditions applicable to the individual Academy.

At the end of the Academy, the child receives a certificate bearing their name. If you do not wish the child's name to appear on the certificate, please let us know specifically.

Upon arrival at the Academy, a child under 10 years of age must be accompanied by at least one parent or legal guardian. Children aged 10 and over may arrive at the Academy unaccompanied if this has been decided by their parent or legal guardian. As an Academy booking may only be made by a person aged 18 or over who has all information about the time and place at which the Academy is held, a child aged 10 or over who arrives without a parent or legal guardian is deemed to do so with their knowledge and consent. At the end of the Academy, a child under 10 years of age may be collected only by a parent or legal guardian, or by a person authorised to do so by the parent or legal guardian. Children aged 10 and over may leave the Academy unaccompanied if they arrived unaccompanied or if the responsible person approved this upon arrival.

Upon arrival at the Academy, the child's full name and/or booking number must be provided for booking verification purposes.

If there are any health, safety or other circumstances relevant to the child's stay and participation in the Academy that the persons responsible for conducting the Academy need to know in order to provide the Service and protect the health and safety of the child and other participants, please inform us thereof when the child arrives at the Academy.

3. CUSTOMERS AND SERVICE USERS

A Customer is an adult natural person with full legal capacity who books and pays for a Service and is a guest of Valamar Pical Resort. The Customer must be entitled to arrange a minor's participation in an Academy. By accepting these General Terms and Conditions, the Customer confirms that they are at least 18 years of age, have full legal capacity and are the parent or legal guardian of the child for whom they are booking an Academy, or have been authorised by the child's parent or legal guardian to arrange the child's participation in the Academy.

Customers must use the Valamar website in good faith and solely for the purpose of booking the Services. Use for any other purpose is prohibited, including, but not limited to, reselling the Services, providing inaccurate information or making fraudulent bookings.

The Service Users are the children attending the Academies.

A one-off distance Service Contract (hereinafter: the Contract) is a contract concluded by the Customer via the Valamar website when booking and paying for Services on their own behalf and/or on behalf of another person. The Contract comprises:

  1. these General Terms and Conditions (including the property's House Rules); and
  2. the individual service terms and conditions (booking details) stated alongside the information on the relevant Services (for example, the type of service, booking date, booking time, service description, etc.) on the Valamar website and selected by the Customer.

4. BOOKINGS

Bookings must be made online via the Valamar website no later than:

  • 24 hours before the start of the booked Service for Bike, Swimming, SUP, Snorkelling and DJ;
  • 48 hours before the start of the booked Service for Dance, Art of Fun and Tinker Labs.

To make an online booking, the Customer must:

  1. select the Service (type of service, quantity, number of persons, date and other specific details, depending on the type of Service);
  2. enter the required information (Customer's full name, child's full name, child's age, telephone number, email address, hotel name, room number or booking number);
  3. confirm the payment method ('charge to room');
  4. add a special note if necessary for the provision of the Service.

Once the booking process has been successfully completed, the booking details will be displayed to the Customer and a booking confirmation containing all relevant information will be sent to the email address entered during the booking process.

Before finally confirming the booking, the Customer may review and amend the information entered.

NOTE: If Customers ask Valamar staff to book Services for them in any manner, the staff will also make the booking via the Valamar website and these General Terms and Conditions will apply accordingly.

Customers are specifically advised to check all information in the booking confirmation.

The booking confirmation will be sent by e-mail and will contain a unique Service booking number used to identify the Customer.

5. PRICES AND PAYMENT

The prices of the Services on the Valamar website are stated for each individual service and are those applicable at the time the booking is made. All prices are stated in euros (EUR) and include the applicable value added tax (VAT).

Customers are advised to check carefully what is included in each price when making a booking, as stated in the terms and conditions applicable to the specific service on the Valamar website.

Payment for the Service is made together with the accommodation bill.

6. CANCELLATION OF BOOKINGS / CONTRACTS AND AMENDMENTS

CANCELLATIONS FEE

Cancellation made no later than:

  • 24 hours before the start of the booked Service for Bike, Swimming, SUP, Snorkelling and DJ;
  • 48 hours before the start of the booked Service for Dance, Art of Fun and Tinker Labs.
 NO FEE

Cancellation made from:

  • 24 hours before the start of the booked Service for Bike, Swimming, SUP, Snorkelling and DJ;
  • 48 hours before the start of the booked Service for Dance, Art of Fun and Tinker Labs.
 50% FEE
Non-attendance (no-show) 100% FEE

A cancellation must be submitted using the CANCELLATION link contained in the booking confirmation

Where the Customer is required to pay a cancellation fee, that fee shall be deemed an agreed charge for late cancellation or non-attendance, irrespective of whether the time slot is subsequently filled.

Customers do not have the right to withdraw from the concluded distance service contract within 14 days pursuant to Article 79 of the Consumer Protection Act, as that right is excluded under Article 86 of the same Act because the Service is to be provided on a specific date or during a specific period.

Valamar may cancel a concluded Contract for justified reasons, including, for example:

  • if the guest does not arrive at the agreed time (no-show);
  • if inaccurate information was provided when the booking was made;
  • in the event of infectious diseases or for other safety reasons;
  • if the Customer and/or a Service User for whom the Customer made the booking breaches the property's House Rules;
  • in the event of adverse weather conditions where the Academy is held outdoors;
  • in the event of violation of these General Terms and Conditions.

In addition, if the Customer makes one or more bookings that go beyond what could reasonably be expected for private purposes (for example, if the Customer books multiple Services for themselves at the same time), Valamar reserves the right to reject or cancel the booking. In such a case, 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 period.

If the Service is not used for reasons for which the Customer is not responsible, the Customer must contact: academiespical@valamar.com.

Either party may cancel the concluded Contract in the event of force majeure, which will be assessed on a case-by-case basis.

7. OBLIGATIONS OF CUSTOMERS / SERVICE USERS

Please read these General Terms and Conditions carefully, as well as the individual terms and conditions stated alongside the information on the relevant Services. Customers are specifically advised to check all information in the booking confirmation.

When entering your details, you warrant that the information provided is accurate and true.

Service Users shall be responsible for their personal belongings. If you lose or find an item during your stay, please inform reception or another available member of staff. If you would like a lost item to be sent to you after your departure, please note that you will be responsible for the postage costs. Valamar shall not be liable for the loss of or damage to personal belongings or jewellery anywhere within the beach area.

Please comply with the property's House Rules, use the Service in accordance with the safety rules, and observe the rules of conduct and staff instructions.

8. PERSONAL DATA PROTECTION

DATA CONTROLLER

Valamar shall act as the controller of the data required for the provision and payment of the Service and undertakes to protect your personal data. Data are collected and stored in accordance with 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: the Regulation), the Act on the Implementation of the General Data Protection Regulation (Official Gazette 42/2018), and other regulations governing this area that apply in the Republic of Croatia.

LEGAL BASIS AND PURPOSE OF PROCESSING

Your personal data provided during the booking process (the Customer's full name, the child's full name, the child's age, telephone number, e-mail address, hotel name, room number or booking number), as well as information relating to the booking itself, including the hotel name, room number or accommodation booking number, the type of Service and details relating to the Service, collected through the Service booking process, are processed by Valamar, acting as the data controller, for the purpose of performing the Contract, including enabling and providing the booked Service, as well as fulfilling legal obligations. Such data may also be used for other purposes permitted by applicable laws and regulations.

The processing of personal data is primarily based on the need to perform the contract for the Service you have requested, including receiving and confirming your Service booking; enabling the booking and recording all information required to fulfil it; enabling the amendment or cancellation of the booking; sending a booking confirmation e-mail; sending an e-mail, where necessary, to inform you of the status of or changes relating to your booking, or of an event at the Academy concerning the child; and, where applicable, charging a contractual penalty in accordance with the booking rules. In certain cases, processing is also based on the obligation to comply with applicable laws and regulations (for example, rules on issuing and retaining invoices).

We also retain information about your complaints and objections. For example, under the Consumer Protection Act, a trader is required to keep a record of consumers' written complaints on a durable medium for one year from the date on which a written complaint is received; however, depending on the circumstances, complaints may be retained for longer.

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 appropriate contractual and organisational measures in place to ensure the lawful processing and protection of personal data in accordance with applicable data protection legislation. Turneo may process and consolidate the data of persons booking services on an anonymised basis (i.e. in a form that does not allow the Partner, Customer or any other individuals to be identified) for the purposes of platform security, fraud prevention, invoice calculation and issuance, service improvement, statistical analysis and internal product development.

YOUR RIGHTS: Irrespective of the legal basis on which the data are collected, data subjects may exercise the following rights free of charge, within the limits laid down by 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: where 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 event, you also have the right to:

  • raise an objection
  • lodge a complaint with the supervisory authority (Croatian Personal Data Protection Agency) if you believe that your data protection rights have been infringed.

VALAMAR DATA PROTECTION OFFICER: dpo@valamar.com;

PRIVACY POLICY: For more information about the processing of personal data, please see Valamar's Privacy Policy at https://www.valamar.com/en/privacy-policy.

9. INFORMATION ON HOW TO SUBMIT A WRITTEN COMPLAINT

Pursuant to Article 10 of the Consumer Protection Act, we hereby inform Customers who are natural persons and consumers that they may submit a written complaint expressing dissatisfaction with purchased goods, a service provided or the trader's dealings with the consumer for which Valamar is responsible by mail to an address of Valamar Riviera, marked 'Written Complaint', by e-mail to prigovoripotrosaca@valamar.com, or in person at the reception desk of any property.

We will send confirmation of receipt of the Customer's complaint as soon as possible, and the Customer will receive a written response to the complaint no later than 15 days after it is received.

10. GOVERNING LAW AND DISPUTE RESOLUTION

Croatian law shall apply to the contractual relationship.

The parties shall seek to resolve any disputes amicably. We therefore invite you to contact us directly first at academiespical@valamar.com so that we can help resolve any difficulties as quickly as possible.

A consumer may also:

  • submit a written complaint to the trader at its registered office or by e-mail to prigovoripotrosaca@valamar.com;
  • use alternative consumer dispute resolution (ADR) services before competent authorities in Zagreb, Croatia;
  • bring proceedings before the competent court.

All disputes shall be resolved before the court having jurisdiction according to the place of Valamar's registered office.

11. FINAL PROVISIONS

If a court or other competent authority finds that any provision of these General Terms and Conditions is or has become null and void, invalid or unenforceable, that provision shall be severed from these General Terms and Conditions, and the remaining provisions shall remain in force and continue to have legal effect.

We reserve the right to amend these General Terms and Conditions at any time without prior notice and shall not be liable for any damage arising from such amendments.

Any amendments to these General Terms and Conditions shall be published.

Valamar Riviera d.d.