General Terms of Use

Welcome to AdriaticBooking!

Our goal is to enable you to easily search and book online for various tourist activities in your destination.

We are an online platform that provides information about excursions, services and all other activities in destinations throughout the Adriatic. All reservations you make go directly to your host in the destination (tourism service provider).

These Terms of Use apply to all Users of the AdriaticBooking platform. Please read them carefully as they contain important information about your rights, obligations and rules related to resolving any disputes. By using the platform, you confirm that you have understood and accepted these terms. If you do not agree with the terms, please do not use our platform.

Part of these terms and conditions is also the Privacy Policy. Please read it to better understand what information we manage, how you can update, manage, download and delete it.

 

1. Introductory provisions

1.1. In the European Economic Area (EEA) and Switzerland, the services are provided by the company AdriaticBooking j.d.o.o. (hereinafter referred to as: “Agency”) OIB: 35621627881 with its registered office at Gundulićeva 32, 21000 Split, Croatia, which company is registered for the provision of intermediary services in tourism in accordance with the Act on the Provision of Services in Tourism of the Republic of Croatia.

1.2. The Agency acts as an intermediary between the platform user (hereinafter referred to as: “User”) and the providers of tourist services (hereinafter referred to as: “Service Providers”).

1.3. The Agency is not a direct provider of services such as accommodation, transportation, excursions or other tourist arrangements, but rather provides technical support, promotion and a reservation system for concluding contracts between the User and the Service Provider.

1.4. THE WEBSITE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

2. Definitions

2.1. The User is any natural or legal person who uses the AdriaticBooking platform to view and book tourist services with the Service Provider.

2.2. The Service Provider is a legal or natural person registered for the provision of tourist services according to the applicable regulations of the country in which the Service Provider is headquartered.

2.3. The Platform is an online place through which tourist services are advertised and booked.

2.4. A reservation is a contract concluded between the User and the Service Provider, through the Agency's reservation system.

Our Platform is available to users worldwide via websites. Depending on where you live, special terms and conditions apply:

Users outside the USA: The general terms and conditions set out in Appendix A apply.

Users from the USA: Appendix B includes special terms and conditions, including mandatory arbitration of disputes and a waiver of class actions.

Our role is that of an intermediary - we connect you with local service providers (e.g. tour operators, excursions, national parks, etc.), who are responsible for the realization of the booked activities.

Content such as descriptions and photos comes directly from the service providers, AdriaticBooking is not responsible for its accuracy or timeliness.

 

3. Use of the Platform

3.1. Who can use the Platform?

The Platform is available to all persons wishing to research and book tourist activities at a destination. By using the service, you agree to abide by these general terms and conditions of use.

3.2. Personal use

The Platform is intended for private use only. Commercial use, including the resale of tickets, is prohibited.

3.3. Terms of use

The Terms of use are available online and apply to all users, unless otherwise stated for individual services.

 

4. How does AdriaticBooking work?

4.1. Your reservation

AdriaticBooking is solely an intermediary - at the time of booking an activity, the contract is concluded directly with the service provider. We do not offer our own activities nor do we assume responsibility for the implementation of the service provider's activities. Our task is to facilitate the booking and payment process for the User.

4.2. How to find activities?

On the Platform, you can filter activities according to various criteria (e.g. price, type of activity, location, ratings, etc.). The display of activities is based on factors such as popularity and user ratings.

4.3. Customer Support

For any questions regarding reservations, you can contact our customer service via the contact form on the page. You can expect a response within 24 to 48 hours.

4.4. Restrictions and Security

We reserve the right to restrict access to certain functions of the Platform or cancel reservations in case of suspected illegal actions, such as fraud or violation of these terms of use.

4.5. Updates and Availability

We do not guarantee the constant availability of the Platform nor do we undertake to upgrade or expand the services. However, if you have already concluded a contract with a service provider, your reservation remains valid according to the terms of that contract.

 

5. Account Creation and Login

5.1. Although it is possible to browse the AdriaticBooking platform without registration, to access additional functions, it is necessary to create a user account.

5.2. Registration requires entering your full name and email address in the registration form. After that, you can set a password or, if available, use the login option via e-mail verification. To protect your account, it is important to keep this information confidential. Upon completion of registration, a confirmation of successful account creation will be sent to your e-mail address.

5.3. Each user may only have one account, and transferring an account to another person is not allowed.

 

6. Terms of Use of the Platform

6.1. AdriaticBooking provides users (visitors and guests) with access to the platform and its basic functions free of charge.

6.2. You can close your account at any time via customer support.

6.3. In certain situations, AdriaticBooking may decide to terminate access to the platform or deactivate your account, with the user being notified at least one week in advance. In cases of serious violations of the rules of use, the account may be closed immediately.

 

7. Customer Support and Promotions

7.1. Our customer support team is available by phone, chat and email. Contact us via phone, chat and email.

7.2. All special offers and promotional discounts are clearly marked as such.

 

8. Payment on the AdriaticBooking platform

8.1. The price displayed on the AdriaticBooking platform (known as "Price from") refers to the selected activity. The amount you will pay for the activity (known as "Total") represents the Displayed Price less any applicable discounts. Unless otherwise agreed, the reservation price must be paid immediately upon confirmation of the reservation or if the service provider has chosen the option to pay part of the amount upon booking and part upon arrival at the activity (depending on the terms and conditions of the Service Provider).

8.2. AdriaticBooking is entitled to receive payments on behalf of and for the account of the service provider (as an agent), unless otherwise stated on the service provider's account. By making a payment via the AdriaticBooking platform, you are deemed to have settled your obligations towards the service provider (depending on the payment option). If the payment has to be made in a currency other than your local currency, AdriaticBooking may convert the amount according to the exchange rate applicable at the time of conclusion of the contract. In case of currencies with higher fluctuations, an additional conversion fee may be charged. 

8.3. If payment is made to AdriaticBooking, as an intermediary, AdriaticBooking will be your contact for all payment and contract-related inquiries. If you wish to request a refund outside of the cancellation conditions, you can contact us. We will contact the provider, who will decide whether to grant a refund. If a refund is granted, AdriaticBooking will make the refund.

8.4. You are required to ensure the accuracy of your payment details and update them immediately in case of changes. Payment options will be displayed to you during the booking process. The payment provider may charge additional fees, and it is your obligation to confirm that you are authorized to use the selected payment method.

8.5. In some cases, the payment will not be processed directly by AdriaticBooking or the provider, but by a third party that we have authorized to process the payment. These payments are subject to the same conditions as direct payments to the AdriaticBooking platform and do not change your payment procedure.

8.6. By approving the payment, you agree to the use of your billing information on behalf of the service provider. We reserve the right to make the use of certain payment methods conditional on checking your creditworthiness.

 

9. Changes and Cancellations

9.1. Cancellation of the Service Agreement is only possible in accordance with the cancellation conditions specified in the terms and conditions of the service provider, the description of the activity on the AdriaticBooking platform or in the documents issued in the confirmation email for the reservation.

9.2. For changes (such as changing the date of the activity or changing the participants) and cancellations, it is necessary to use the AdriaticBooking platform, unless otherwise agreed. Changes and cancellations of reservations are agreed directly with the service provider. It is important that you make the changes or cancellations within the appropriate timeframe; the “appropriate timeframe” depends on the specifics of each case (e.g. within the allowed cancellation period) and may be subject to the availability of the activity. We recommend that you carefully read the terms and conditions on the activity page or the terms and conditions of the service provider to avoid misunderstandings. For timely cancellation, it is essential that the notification reaches the AdriaticBooking platform within the agreed timeframe. Cancellations and changes of reservations are agreed exclusively with the service provider.

9.3. If there are changes or cancellations by the service provider, the service provider will inform the guest of the change.

9.4. Unless the cancellation conditions are otherwise defined in the activity description on the AdriaticBooking platform, the service provider's terms and conditions or on the activity voucher, the following conditions apply:

a) If you cancel more than 24 hours before the start of the activity: you will receive a full refund of the Booking price.

b) If you cancel 24 hours or less before the start of the activity or in case of no-show: no refund is possible.

9.5. Refunds after cancellation will be made via the same payment method used to purchase the activity.

 

10. Reviews and User Content

10.1. On the AdriaticBooking platform, you can view reviews and other content posted by other users. Reviews reflect the personal opinion of the user at a given time and are shaped by their personal beliefs and expectations. It should also be taken into account that some activities may have changed since the review or content was published. The number of reviews and ratings should also be taken into account, as the sum of a large number of opinions is often more significant than a single review.

10.2. On the AdriaticBooking platform, you have the opportunity to influence the content through your own reviews of activities you have experienced or by sharing images (collectively referred to as "Reviews"). You are fully responsible for the content you post. It is strictly forbidden to post content that: (I) is untrue or may be misleading, (II) promotes products, services or companies (overtly or covertly), (III) was created for the payment of a third party, (IV) was created by or under the instructions of the activity provider, (V) violates the rights of third parties, such as intellectual property or privacy, or (VI) contains links that may negatively affect the operation of third party systems.

10.3. You undertake to ensure that you have all necessary rights to use all photos you post on the platform. If the photos show other people, these people must give their consent to the publication. If you want to publish photos taken by someone else, you must have their consent.

10.4. Public access to User Content must not violate legal provisions, moral standards and the rights of third parties. It is strictly forbidden to publish content that includes violence, pornography, discrimination, insults, racism, defamation or any illegal content.

10.5. You retain ownership of the content you publish, but you grant AdriaticBooking a non-exclusive, worldwide license that allows you to use, reproduce, adapt, translate, create derivative works, modify, display and distribute User Content on the platform, through AdriaticBooking's partners, and in marketing materials online and offline.

10.6. AdriaticBooking reserves the right to remove User Content at its sole discretion. For example, if the content violates the terms of use, it may be removed. We are not obliged to keep copies of User Content.

10.7. AdriaticBooking, its subsidiaries, sub-agents and distribution partners may display advertisements or other information together with User Content on the Platform, as well as in other media. You will not receive any compensation for these advertisements. We reserve the right to change the type and scope of these advertisements without notice.

 

11. Protection of personal data

11.1. All your personal data that we collect through our Platform is processed by AdriaticBooking as a data controller, in accordance with the laws governing data protection. This data is processed for the purposes set out in our Privacy Policy. AdriaticBooking may share your data with a service provider, if this is necessary for the performance of the Service Agreement between you and the service provider or to comply with legal obligations, as well as for other legal purposes. Service providers are responsible for the processing of your personal data as they act as independent data controllers.

11.2. Detailed information on your rights in relation to the processing of personal data is available in our Privacy Policy.

 

12. Compensation for damages

12.1. You undertake to fully indemnify AdriaticBooking for all damages, costs and expenses, including reasonable legal costs, arising from:

12.1.1. your intentional or negligent misrepresentation, acts or omissions in connection with your use of the AdriaticBooking platform;

12.1.2. your intentional or negligent failure to comply with the terms of use of the AdriaticBooking platform;

12.1.3. requests from third parties arising from your access or use of the AdriaticBooking platform, which intentionally or negligently violates the terms of use.

 

13. Transfer of rights and obligations

You may not transfer or assign your rights or obligations under these terms of use of the AdriaticBooking platform, except in the case of a claim for damages.

 

14. Invalid Provisions Clause

If any provision of these terms of use becomes or is declared invalid, this will not affect the validity of the remaining provisions. If a provision is not included or is invalid, we will replace it with the corresponding legal provisions that apply in that case. If such provisions are not available or would lead to an unacceptable result, the parties will negotiate to replace the invalid provision with one that most closely matches its economic purpose.

 

15. Service Provider - Service Agreement

15.1. Conclusion of the contract with the service provider.

15.1.1. When you select and purchase an Activity via the AdriaticBooking platform, you enter into a contract directly with the service provider. AdriaticBooking acts as an Intermediary of the service provider in this process.

15.1.2. After clicking on the "Book now" button, a calendar with available activity dates will open. By marking the desired date, follow the steps in which you need to mark the desired departure time, mark the number of people and additional services (if offered). By clicking on "Contact Information" you need to enter correct personal data. You are required to read the "Terms of Service" of the service provider and if you agree, click to indicate that you accept the terms.

15.1.3. By clicking on "Overview & Payments" in the final stage of the reservation, you have an overview of the desired activities. By clicking on "Pay" you will be redirected to the Stripe online payment system where you need to enter the correct details of your credit card. After entering your payment details, by clicking on "Pay" you confirm and pay for your reservation in real time.
At that moment, your agreement with the "Terms of Service" of the service provider is confirmed and you automatically receive a confirmation email about the reservation with accompanying documents attached (such as payment invoices and vouchers).

15.1.4. Service providers may state their own terms and conditions in their advertisements on the AdriaticBooking platform. We recommend that you read them carefully as they may contain important information, such as cancellation terms. In the event of any disagreement between the terms and conditions of the service provider and these terms and conditions of use of the platform, the provision that is more favorable to the user will apply.

15.1.5. The reservation will be confirmed by the service provider, after you receive an automatic confirmation email about the reservation with accompanying documents attached (such as payment invoices and vouchers).

15.1.6. The contract with the service provider is defined in a separate text. The content of the contract arises from the selected Activity, the relevant provisions of these terms of use and, where applicable, the terms of the service provider.

15.1.7. Immediately after entering the requested information, check the entered information to ensure that it is correct and to receive a confirmation email of the reservation.

15.2. Prices

15.2.1. In most cases, the prices shown already include all taxes and fees. However, additional local taxes or fees may apply. If such taxes or fees apply, you will be informed of this in the activity description and during the booking process

15.2.2. Prices set by Service Providers may have specific conditions, such as those relating to cancellation and refunds. Before making a reservation, we recommend that you check the conditions relating to the specific Service Providers to avoid any misunderstandings.

15.3. Performance of the activity

15.3.1. It is important that you show up at the agreed meeting point at the time indicated by the Service Provider. Also, please pay attention to the conditions set by the Service Provider. If you are traveling from abroad, you are responsible for having all necessary travel documents (passport, visa, etc.) and for respecting all necessary conditions.

15.3.2. The price of the activity does not include insurance of any kind. For your own safety, we recommend that you take out appropriate insurance, especially if you opt for activities that involve high risk or outdoor activities. Note: we do not organize tours, employ guides or set safety standards for activities.

15.3.3. The Service Providers are independent partners and are not our agents or employees. We are not responsible for their actions, errors, omissions or any damage arising from these activities, including personal injury, death, property damage or other types of damage.

15.3.4. When calculating times and deadlines, the time zone used by the Service Provider plays an important role.

15.4. Service Provider Rights

15.4.1. The Service Provider may cancel the activity on the agreed date without respecting the usual cancellation conditions if unforeseen external factors such as weather conditions, official measures, strikes or other circumstances beyond their control make it impossible or difficult to carry out the activity. In such cases, the full amount paid by you will be refunded. For any additional claims for compensation, please contact the Service Provider directly.

15.4.2. The Service Provider may decide to exclude you from the activity if (I) you do not meet the specific conditions for participation, (II) there is a risk that you will endanger yourself or others, or (III) you disrupt the implementation of the activity in any way. In such cases, the amount you have paid will not be refunded.

15.4.3. The Service Providers are entitled to make minimal changes to the activity program if this is necessary due to unforeseen circumstances. You will be informed of such changes by the Service Provider in good time.

 

16. Final provisions

16.1. For the purpose of performing the contract and exercising our rights under these terms, we may engage other AdriaticBooking companies or third parties as intermediaries.

16.2. We may update these terms in the future, for example, to bring them into line with new legislation, market changes or regulatory requirements. We will notify you of any changes within a reasonable timeframe and in an appropriate manner. If you do not agree to the new terms, either you or we may terminate your user account or access to the AdriaticBooking platform without delay.

16.3. All communications or statements in relation to these terms must be in writing (e.g. by e-mail).

16.4. The provisions of the UN Convention on the International Sale of Goods do not apply to these terms or to any purchase arising from these terms.

16.5. The contract you enter into with us is concluded in Split, Croatia.

16.6. These Terms include the following: (I) the term “including” means “including, but not limited to”, (II) general terms shall not have a restrictive meaning merely because they are preceded by specific terms, and (III) words suggesting the singular include the plural and vice versa. The headings and sections in these Terms are for convenience only and shall not be used to interpret the contents

 

Appendix A

Provisions applicable to users from all countries, except the United States

A1. Scope of application.

These AdriaticBooking Terms of Business apply exclusively to consumers, as defined in the legislation of the Republic of Croatia.

 

A2. Liability.

A2.1. Unless otherwise stated in Section A2.2, our liability in relation to the performance of our contractual obligations to you shall be limited to foreseeable loss or damage arising from our negligent breach of essential contractual obligations. Essential contractual obligations are those which are essential to the proper performance of these Terms and the breach of which seriously impairs their purpose, on which you may rely. Such losses or damages are usually foreseeable at the time of acceptance of these terms. We are not liable for damages resulting from negligent breach of less important contractual obligations.

A2.2. Nothing in these terms excludes or limits our or our agents' liability for gross negligence, intentional damage, death, personal injury or fraud. Also, your rights as a consumer under applicable law remain unaffected.

A2.3. These limitations of liability shall not apply if, for example, we have knowingly concealed relevant circumstances according to the standards of the AdriaticBooking platform, or if we guarantee certain functionality.

A2.4. Our liability does not exist in cases of force majeure, including but not limited to: malfunction of technical or communication equipment, unauthorized attacks by third parties (including denial of service attacks and excessive or malicious use of the AdriaticBooking platform), telephone and connection problems, computer viruses, unauthorized access, theft, human error, fires, natural disasters such as floods, actions of regulatory bodies or authorities, wars, riots or labor disputes.

A2.5. You have the option to prove to the supplier that no actual damage has occurred or that the damage is less than the cancellation fee required by the supplier.

 

A3. Damage resistance

A3.1. According to the provisions of Article 12.1, damages include compensations that we bear due to our intermediaries or associates (according to Croatian law) in connection with the events described in Article 12.

A3.2. These obligations under Article A3.1 apply only if you are responsible for the occurrence of the events referred to in Article 12, that is, if you acted intentionally or negligently, and if this behavior directly led to the occurrence of the described events or violations.

 

A4. Dispute resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before consumer arbitration boards.

 

A5. Applicable law

To the extent permitted by the mandatory local (consumer) laws of the country in which you reside, our terms and services will be governed by Croatian legislation.

 

A6 Jurisdiction of the courts

A6.1. Jurisdiction for residences within the EEA. If your habitual residence is within the EEA (European Economic Area), we will resolve disputes before the exclusive jurisdiction of the courts in Split, Croatia, in accordance with applicable law.

A6.2. Jurisdiction for residences outside the EEA and the USA. If your habitual residence is outside the EEA and the United States, all disputes will be exclusively subject to the courts of Split, Croatia.

 

A7. Right to unilaterally terminate a contract concluded away from business premises or at a distance

As a consumer, i.e. a natural person acting outside the business sphere and whose habitual residence is within the European Economic Area, you usually have the legal right to unilaterally terminate a contract as follows. However, in some cases the right to unilaterally terminate may be excluded by law, which means that you may not have the right to unilaterally terminate a particular contract.

A7.1. Exclusion of the right to unilaterally terminate a contract

The law excludes the right to unilaterally terminate a contract, among other things, when the subject of the contract is the provision of leisure-related services, if it is agreed that the service will be provided on a specific date or during a specific period. This includes activities such as "Tours", "(Multi-Day) Excursions", "Tickets", "Guided Tours", "Guided Activities", "Adventure", "Other Experiences" and "Combined Offers" organized by us.

A7.2. Instructions for exercising the right to unilateral termination of the contract

A7.3. Right to unilateral termination

You have the right to unilaterally terminate the contract from the day of its conclusion, without giving reasons, within 14 days at the latest. In the case of concluding a sales contract, the term begins to run from the day when the goods that are the subject of the contract are handed over to the consumer or a third person designated by the consumer, who is not the carrier.

To exercise the right to unilateral termination, you must inform us (AdriaticBooking j.d.o.o. Gundulićeva 32, 21000 Split, Croatia, email support@adriaticbooking.com, +385 95 6677877) of your decision to unilaterally terminate the contract, by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached unilateral termination form, but it is not mandatory. For timely unilateral termination, it is sufficient to send the notification before the expiration of the unilateral termination period.

A7.4. Consequences of unilateral termination

If you decide to unilaterally terminate the contract, AdriaticBooking will refund all payments received by us within 14 days from the moment you inform us of your decision to unilaterally terminate. We will make the refund using the same means of payment that you used for the initial transaction, unless you have agreed otherwise; in any case, the refund will not include any fees for you.

In relation to your right of unilateral termination, the following conditions apply:

You may use the unilateral termination form attached below, but it is not mandatory. You can also cancel your reservation quickly via our platform by completing and submitting the cancellation form.

If you use the form, we kindly ask you to provide your reservation reference, which makes it easier for us to link the withdrawal to your contract, but this is not mandatory.

A7.5. Unilateral termination form

(Complete and submit this form only if you wish to unilaterally terminate the contract).

For AdriaticBooking j.d.o.o., Gundulićeva 32, 21000 Split, Croatia, email info@adriaticbooking.com:

I hereby inform you that I wish to unilaterally terminate the contract for the sale of the following goods() / provision of the following service(),

Ordered on() / received on(),

Consumer's first and last name,

Consumer's address,

Consumer's signature (only if the form is notified by mail),

Date

 

Appendix B

Terms applicable to US residents only

 

B1 Limitations of warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE ACTIVITIES AND SERVICES SET FORTH IN THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR USAGE IN TRADE. The AdriaticBooking Platform is provided "as is", without any warranties of any kind. We do not warrant that (i) the AdriaticBooking platform will meet all of your requirements or that its operation will be uninterrupted, secure, error-free or virus-free, or (ii) the content on the AdriaticBooking platform will be accurate, complete or free from technical errors. We are not responsible for the accuracy and completeness of the information provided by suppliers.

 

B2. Liability in connection with activities

B2.1. Injuries

You agree and understand that the activities are provided by suppliers, not AdriaticBooking. Suppliers are independent third parties that are not under our control. In the event that you or the person you have registered for the activity suffers injury, death or any loss during the activity (known as an "Injury Incident"), you agree to seek compensation directly from the Service Provider who organized the activity, and not from AdriaticBooking or its partners, affiliates, distributors or their officers, directors, employees and agents.

B2.2. Release of Liability

You, on behalf of yourself and all your fellow travelers, hereby release AdriaticBooking and all related parties from any and all claims, actions, liabilities, costs, damages or other financial obligations, including but not limited to attorneys' fees, relating to any incident of injury that you or your fellow travelers have experienced or may experience in the future. This release covers all known, unknown or possible claims that are now or may become relevant.

B2.3. Unknown Claims

According to California Civil Code Section 1542: "A general release does not cover claims that the creditor or person being released does not know or suspect to exist in his or her favor at the time the release is made and which, if known, would materially affect the settlement." You hereby acknowledge that you have read and understand this provision and expressly waive any rights you may have under this section or any similar law. This disclaimer is considered an essential part of the terms and conditions to which you agree.

B2.4. Obligation

You undertake never to bring, nor to allow to be brought, any legal proceedings against AdriaticBooking or any of its affiliated parties based on any incident of injury. In the event that such proceedings are brought, AdriaticBooking will defend itself by using these terms as a complete defense.

B2.5. Third parties as beneficiaries

The provisions of this section B2 allow parties affiliated with AdriaticBooking, who are named as third party beneficiaries, to enforce these terms for their own benefit, as beneficiaries of those rights.

 

B3. Limitation of liability

B3.1. Exemption from liability

To the maximum extent permitted by law, AdriaticBooking will not be liable for any indirect, special, incidental, consequential or punitive damages, including loss of data, loss of revenue, loss of profits or the cost of procurement of substitute goods or services, regardless of the cause of such damages or under any legal theory. This includes cases where AdriaticBooking was not aware of the possibility of such damages.

B3.2. Maximum Liability

If AdriaticBooking is liable for any loss or damage in connection with these terms, its service or any incident of injury, the maximum liability shall not exceed (A) the amount you paid AdriaticBooking for the activity giving rise to the claim, or (B) two hundred United States dollars (USD 200), whichever is greater.

B3.3. Allocation of Risk

All signatories to this agreement agree that the allocation of risk set forth in this Section B3 is reasonable, and that without these provisions, AdriaticBooking would not have agreed to enter into this agreement. AdriaticBooking will not be liable for the acts or omissions of any service provider.

 

B4. Arbitration

Please read this section carefully because it may affect your rights. This provides for the resolution of most disputes through arbitration instead of litigation. Arbitration is less formal than a court trial, uses a neutral arbitrator instead of a judge or jury, and allows for limited disclosure of information. The arbitration decision is binding and subject to very limited legal review by a court. This section survives the termination of your account on the AdriaticBooking platform.

B4.1. Binding Arbitration

This section covers all disputes or claims arising out of or relating to your use of the AdriaticBooking platform, our services, these terms, or your relationship with us, whether based in contract, tort, statute, fraud, or any other legal theory. All such disputes will be resolved by binding arbitration, unless expressly excluded from arbitration in Section B4.4.

B4.2. Opting Out of Arbitration

Although binding arbitration is applicable under Section B4.1, you have the right to opt out of it. To do so, you must follow the opt-out procedure set forth herein and send us written notice, no later than the Opt-out Deadline. The notice of withdrawal must be sent no later than 30 calendar days from the date you first used the AdriaticBooking platform, used our services, or made your first transaction with us.

Notice should be sent to: AdriaticBooking j.d.o.o., Gundulićeva 32, 21000 Split, Croatia. If notice of withdrawal arrives after the cancellation deadline (including an additional three (3) days for postal delivery), it will not be accepted and you will have to file your claim through arbitration or small claims court.

B4.3. Governing Law for This Clause

The parties agree that these AdriaticBooking Terms and Conditions reflect a transaction in interstate commerce, and that the arbitration provisions shall be interpreted and enforced in accordance with the United States Federal Arbitration Act and federal arbitration rules, and not under the laws of individual states.

B4.4. Excluded Claims

The following claims are not subject to binding arbitration and may be litigated in a court of competent jurisdiction (as set forth in B5): (i) any claim alleging actual or threatened infringement of a party's copyright, trademark, patent, trade secret, or other intellectual property rights; (ii) any claim seeking urgent legal relief due to exigent circumstances (e.g., imminent threat of criminal offense, hacking, cyberattack); or (iii) a claim for public interim relief, if such relief is permitted and cannot be waived under law. In addition, either of us may file a claim in small claims court if permitted under the terms set forth in B5.

B4.5. Arbitration Procedure

In the event of any dispute, whether resolved in court or by arbitration, you must first provide us with a written description of your claim using the form available at Contact us ⎸AdriaticBooking, so that we may have the opportunity to resolve the dispute. If the dispute is not resolved within 60 days of receipt of your request, you may request arbitration. The arbitration of any dispute or claim shall be conducted (i) before a single neutral arbitrator, (ii) in the English language, (iii) under the rules of the International Chamber of Commerce (“ICC Rules”), together with the IBA Rules on the Taking of Evidence in International Commercial Arbitration (1999) (“IBA Rules”). In the event of any disagreement, the IBA Rules shall prevail, but only with respect to the taking of evidence. No party shall be permitted to bring a claim pursuant to section 1782 of 28 U.S.C. The arbitrator shall be authorized to award only those remedies that are permitted under these AdriaticBooking Terms and Conditions, subject to all disclaimers and limitations of liability set forth herein. The award made by the arbitrator will include the costs of the arbitration, reasonable attorneys' fees, and expert and witness costs. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of the arbitration, except as required by law or to enforce an arbitration award. Judgment on the arbitration award may be entered in any court of competent jurisdiction. For claims of less than $26,000, the arbitration will not involve the personal appearance of the parties or witnesses, but will be conducted based on written submissions, unless you request an in-person hearing or a telephone hearing, or the arbitrator determines that an in-person hearing is necessary. Telephone hearings will be preferred, unless the arbitrator determines that a party's right to a fair trial would be prejudiced without an in-person hearing. If an in-person hearing is required, it shall be held in New York, New York, unless otherwise determined by the arbitrator.

B4.6. Class Action Waiver

YOU AND WE AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONSIDERED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN THE CONTEXT OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines that this class action waiver is unenforceable, Section B4 will not apply to you. If you opt out of arbitration in accordance with Section B4.2, this waiver will not apply to you. Neither you nor any other consumer may be a class representative, a class member, or participate in a class, consolidated, or representative action without first opting out of arbitration in accordance with Section B4.2.

If any provision of this arbitration agreement is unenforceable, that provision will be severed and the remaining arbitration provisions will continue in effect.

 

B5. Applicable law

Except as otherwise provided in Section B4.3, these AdriaticBooking Terms of Service are governed by the laws of the State of New York, without regard to its conflict of law rules.

B6. Place of jurisdiction

Any legal action, proceeding or claim arising out of or related to these AdriaticBooking Terms of Service or our Services (including (i) proceedings brought by a user who has waived arbitration under Section B4.2 and (ii) small claims proceedings) shall be subject to the exclusive jurisdiction of the courts in Kings County, New York. Each party consents to the personal jurisdiction of such courts and agrees that it is the appropriate forum and will not attempt to transfer the proceedings to another forum or jurisdiction, pursuant to the doctrine of forum non conveniens or otherwise.

B7. Jury Trial Waiver

IF FOR ANY REASON A DISPUTE GOES TO COURT AND NOT TO ARBITRATION, YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY.