GENERAL TERMS AND CONDITIONS
Article 1.
1.1. Under these General Terms and Conditions, HAPPYtoVISIT.com undertakes to offer
organizers product(s) in form of client acquisition and selling of placements/client
participations to the services provided by the organizer, both guided and un-guided
tourist programs, shows and sightseeing tours
Article 2.
SUPPLIERS OBLIGATIONS AND RESPONISABILITIES
2.1. The organizer has submitted to HAPPYtoVISIT.com the full and valid specification
of offered services in question which are made available for selling by the organizer
to his clients. The organizer price list is declared final, net and binding and
clients of HAPPYtoVISIT.com shall not be subject to any surcharges or additional
fees by the organizer and/or and other third party involved unless such a fee or
surcharge is duly specified in the program specification defining the product.
2.2. The organiser may, subject to objective changes in the business environment
beyond its own control, unilaterally change the contractual prices, provided HAPPYtoVISIT.com
is kept informed of the coming price or any other change associated with the organizers
Product/Service well in advance. All bookings made prior to the price change will
remain valid and the price change shell not be a valid reason for cancellation of
booked services.
2.3. Reservation procedures to be followed. The Parties have agreed on the below
specified booking features: All services will be booked by the official booking
email or telephone of the organizer as stated in the article 8. Telephone bookings
must be, under any circumstances, followed by an e-mail as a formal order.
2.4. HAPPYtoVISIT.com, in sale of a placement to his client, is authorized to utilize
his own sales administrative form (voucher) which will be sent to the client and
to the organizer by email. The organiser confirms to accept clients to use the service
with those VOUCHERS even if the client presents the voucher in an electronic form
(ex. on a tablet or a smartphone).
2.5. HAPPYtoVISIT.com undertakes to book placement(s) by phone and/or in writing
in the organizers program/tour and commits to provide his client(s) with all available
information and documentation/program leaflets pertaining to sold program including
information regarding pick-up/bus boarding time and location and/or entrance time
and location.
2.6. All materials describing the services sent to HAPPYtoVISIT.com by the organizer
in written form is a contractual obligation of the organizer for the services provided.
2.7. The organizer guarantees that it has all the required permits, registrations
and is in accordance with all regulations that allow him to organize and sell the
provided services
2.8. The organiser guarantees that all tours offered are organized by him, meaning
that the tour is at least partially operated by the organizers company resources
(human or physical), or the tour is organized from at least from two different services
from different service providers.
Article 3.
PAYMENT TERMS
3.1. The Payment by HAPPYtoVISIT.com is based on the invoice of the organiser accompanied
at every case and in all times by detailed specification of services sold by HAPPYtoVISIT.com
on behalf of the organizer. The organizers commercial invoice along with the mandatory
attachment shall be delivered to HAPPYtoVISIT.com by e-mail to the e-mail address
partner@happytovisit.com , after the end of the program unless agreed by the Contractual
Parties otherwise.
3.2. The commercial invoice shall include all information required by applicable
pending laws as specified in the residence country of the organizer, including those,
wherever applicable, pertaining to VAT tax. The invoice must include clear and readable
names and contacts to invoice issuer and person signing the invoice for the organizer
and the same for the counterparty financial officer within the Organizer’s organization
in any and every case. In case, the organizers invoice is in conflict with the above
legal and contractual requirements, HAPPYtoVISIT.com has unlimited right to return
unpaid faulty commercial invoice for its revision and/or completion. Ensuing delay
in payment shall be considered issuing party´s fault by both Contractual Parties
and excludes any right on behalf of the organizers to claim penalties, damages or
any other sanctions from the Partner.
3.3. Each and every invoice is due within 14 (fourteen) calendar days since the
date of receipt from HAPPYtoVISIT.com . The determining payment execution date is
the date of fund transfer as documented by the receiving bank of the organiser.
3.4. The payments will be made to the bank account as specified by the invoice that
the organiser sent to HAPPYtoVISIT.com , from HAPPYtoVISIT.com bank account in Croatia.
3.5. In case of international bank money transactions, the organiser agrees to take
charge of all bank fees that arise from the transaction.
Article 4.
ORDER CANCELLATION CONDITIONS
4.1. HAPPYtoVISIT.com is entitled to cancel standing order no less than 24 (twenty
four) hours prior to the scheduled start time and date of service ordered free of
charge. In case, HAPPYtoVISIT.com cancels its order in less than 24 hour timeframe
stipulated above, the organizer is entitled to invoice and the Partner undertakes
to pay in full (100% of the service price) for the ordered service as organizer
performed and supplied its relevant service in full scope to HAPPYtoVISIT.com.
Article 5.
CONTRACTUAL PARTY OBLIGATIONS
5.1. The organizer commits to:
- Supply HAPPYtoVISIT.com with adequate tour programs, descriptions, images and other
important information relevant to the Product(s) to HAPPYtoVISIT.com for his acquisition
and sales activities and keep HAPPYtoVISIT.com up to date if any changes should
be made to the program
- Deliver its means of transportation, to agree upon pick up point in time, clean
and tidy, with adequate seating capacity to satisfy HAPPYtoVISIT.com order.
- HAPPYtoVISIT.com client(s) shall be in each and every case of the first boarding
respectfully greeted by organizers tour guide and/or trained and experienced bus
driver. The tour guide shall be at all times properly dressed, well behaved and
clean. Further, the tour guide shall be a trained tour guide professional, experienced
and fluent in the language specified by HAPPYtoVISIT.com order. The tour guide shall
keep in contact with its clients and service his clients for the scheduled duration
of program/tour without interruptions. In each and every case, the organizer shall
exert maximum efforts in the framework of feasible, to keep planned time schedule,
program sequence, planned check out time including splits and mandatory intermissions
for the driver.
- In case the organizer’s tour includes planned and foreseen entrance(s) into various
places of interest or includes other services within the visited places, entry to
such places is free for the organizer’s clients as associated costs are part of
the organizer’s product price. If any entrance fee applies due to unforeseen nature
of HAPPYtoVISIT.com client´s desires or any other reasons, the client must be informed
of necessity to pay for out of program fee well in advance and in a distinct and
easy understandable way by either HAPPYtoVISIT.com tour guide or bus driver.
- In case of unforeseen tour plan changes or emergencies of any kind, the organizer
is obliged to inform HAPPYtoVISIT.com without any delay and in full.
- Keep due, correct, complete and itemized records on ordered, sold and consumed organizer’s
product(s)/programs by HAPPYtoVISIT.com as an undisputable basis for correct financial
settlement between the Parties
5.2. HAPPYtoVISIT.com commits to:
- Advertise and sell the organizer’s product(s) and service(s) exactly as specified
by organizer including the prices set by the organizer.
- Keep due, correct, complete
and itemized records on their orders, placements/number of visitors, cancellations,
in general, on ordered, sold and consumed organizer product(s)/programs by HAPPYtoVISIT.com
(as an undisputable basis for correct financial settlement between the Parties
-
Inform the organizer of any order changes as HAPPYtoVISIT.com receives them from
their clients
Article 6.
EMERGENCY AND SERVICE DISTRUPTION CONTROL PROCEDURES
6.1. In case of an service disruption caused by either the organizer’s failure or
third party/force majeure preventing the organizer perform, the parties agree to
consult the nature and reasons of arisen problems first and without any delay, and
subject to their joint and clearly defined position/solution reached by undersigned
statutory representatives of both parties, the Partner is entitled to refund its
clients adequate part of the price of ordered and paid for services that failed
to be duly delivered or quality of which has been significantly impaired in comparison
to the advertised services by the organizer.
Further, the Partner is entitled, subject to Service Provider´s consent, to offer
his damaged client(s) appropriate damage compensation. The Service Provider agrees
to carry the costs of such emergency and service disruption managing operation in
appropriate scope and in the amount agreed to by consent of both Parties. The Parties
understand that the above unwelcome situations are scarce, their solutions call
for flawless, immediate and full in scope exchange of information, perfect cooperation
in damage control and solution finding, and evolving rapid action of both Parties
to prevent further damages, beside those financial. The Parties pledge constructive
cooperation in emergency and service disruption situations.
6.2. In case of an accident, injury, theft or other problems that occur to HAPPYtoVISIT.com
client(s) during the use of the services supplied by the organizer, the organizer
agrees to take full responsibility and will continue to follow the dispute directly
with the clients.
Article 7.
OTHER CONDITIONS
7.1. Either Party has the unlimited right to unilaterally terminate the co-operation
established by a Contract in writing without specification of reasons for such an
action. The Contract shall become invalid after 60 (sixty) calendar days since the
first working day of a calendar month following the calendar month in course of
which written Contract termination notice has been delivered to the other Contractual
Party.
7.3. All written correspondence between the Contractual Parties shall be directed
to Contractual Parties addresses provided above. The organizer is free to use e-mail
addresses: partner@happytovisit.com. Mail incoming later than at 4 P.M. shall be
deemed delivered on the next working day.