The General Terms and Conditions of business are drawn up in accordance with the Consumer Protection Act (ZVPot), based on the recommendations of the Chamber of Commerce and Industry and international codes for e-business.
The website, online shop and reservation platform EnjoyLocal (hereinafter “website“, “online shop“, “reservation platform”) is managed by DPG, promocija dogodkov d.o.o., Ulica Jana Husa 58, 1000 Ljubljana, Slovenia, EU, registration number: 6324690000, VAT number: SI99411458 (hereinafter “the company”).
These General Terms and Conditions define the operation of the website, online shop and reservation platform, the rights and duties of the visitor/user, buyer and guest, and the business relationship between the company and the user, buyer or guest.
II. Registration on the website
By registering on the website, the visitor obtains a user name, which is the same as his e-mail address, and a user password, which is determined by the user himself. The user name and password unambiguously determine and associate the user with the entered data. By registering, the visitor confirms and guarantees that he is an adult, fully capable of doing business. By registering on the web portal, the visitor becomes a user, by making a purchase, he becomes a customer, and by making a reservation, he becomes a guest.
II. ONLINE SHOP
2.1. Product offer
Due to the nature of online business, the range of products in the online shop is frequently and quickly changed and updated, so errors may also occur. Please let us know about them by email: firstname.lastname@example.org. We will try to eliminate them as quickly as possible.
2.2. Delivery time
All products are subject to the delivery date specified on the product page in the online shop. Every product from the online shop is available within a reasonable time.
All prices in the online shop are stated in euros and include VAT, unless explicitly stated otherwise. All prices in the online shop are product prices and do not include delivery costs. All prices apply only to the electronic order of products via the online shop.
All prices are valid at the time of placing the order and do not have a predetermined validity, so they are valid only until they are changed each time. Despite the company’s best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect.
2.4. Payment methods
The customer can pay for the ordered products and services by credit or payment card, via PayPal, pre-invoice or cash when picking up the package.
2.5. Purchase process
After submitting the order, the buyer receives a notification from the company by e-mail that the order has been accepted. In his profile on the company’s website, the customer always has access to comprehensive information about the status and content of the individual order. If the buyer does not cancel the order, the order goes into further processing. After receiving the order, the company reviews it, checks the availability of the ordered products and confirms the order or rejects it with a reason. In order to verify data or ensure the accuracy of delivery, the company can also contact the buyer by phone in a way that the buyer has allowed or the contact that he provided at the time of purchase. Upon confirmation of the order, the company informs the customer by e-mail about the expected delivery date. The sales contract for the purchase of the ordered products between the customer and the company is irrevocably concluded at this stage. The company prepares and ships the ordered products within the agreed period.
2.6. Contract of sale
The company issues a written invoice to the buyer who buys a product from the online shop, with itemized costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The sales contract in the form of a purchase order is stored electronically on the company’s server and is accessible to the customer at any time in his user profile.
From this moment on, all prices and other conditions of purchase are fixed and apply to both the company and the customer.
2.7. The right to withdraw from the purchase, return products
The buyer has the right to contact the company via the email address email@example.com within 14 days from the day of taking over the ordered products and inform them that they are withdrawing from the purchase agreement, without having to give a reason for such a decision. The return of the purchased products to the company within the deadline for withdrawal from the sales contract is considered a notice of withdrawal. The only cost incurred by the buyer as a result of withdrawing from the sales contract is the cost of returning the products to the company.
Purchased products must be returned to the company immediately, or at the latest within fourteen (14) days from the date of sending the notice of withdrawal from the sales contract. Purchased products must be returned to the company undamaged, in the same quantity, unless the products are destroyed, damaged, lost or their quantity has decreased through no fault of the buyer.
For returned products, the company will return the amount paid or the gift voucher used to the buyer as soon as possible, but no later than within 14 days of receiving the cancellation notice. The company returns the received payments to the buyer with the same means of payment that the buyer used, unless the buyer has explicitly requested the use of another payment method and the buyer does not bear any costs as a result. The used gift certificate is returned by the company in the form of a credit.
The company undertakes to eliminate the detected error as soon as possible.
The buyer can notify the company of the error via email.
If an error has resulted in unjustified costs, the company undertakes to try to settle them as soon as possible.
The company carefully packages all products in a delivery box before shipping. All products are undamaged, carefully inspected and in their original packaging before packaging.
It is considered that the notice of resignation or the product is sent on time if the shipment is submitted within the deadline.
In the case of a distance purchase, the company may withhold the refund of the received payments until the return of the goods has been received or until the buyer provides proof that he has sent the goods back, unless the company offers the possibility to collect the returned goods himself.
The buyer does not have the right to withdraw from a distance contract for the delivery of sealed goods that are not suitable for return due to health or hygiene reasons, if the buyer has opened the seal after delivery.
2.8. Resolving factual errors
The error is real:
– if the product does not have the properties necessary for its normal use or for circulation;
– if the product does not have the properties necessary for the special use for which the buyer is buying it, but which was known to the seller or should have been known to him;
– if the product does not have properties and features that have been expressly or tacitly agreed or prescribed;
– if the seller has delivered a thing that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.
The buyer must notify the company and provide a detailed description of the error to firstname.lastname@example.org no later than two (2) months from the day the error was discovered. The company is not responsible for defects that occur after two (2) years of purchase. The customer must allow the company to inspect the product.
If the customer complains about the product within the first six (6) months of taking over the product, the company must prove that the customer’s complaint is unjustified, i.e. that the product is not defective. If the buyer submits a complaint after six (6) months have passed since taking over the product, the existence of a defect must be proven by the buyer himself.
The buyer, who has correctly informed the company about the error, has the right to demand from the seller that:
– correct a defect in the goods or
– returns part of the amount paid in proportion to the error or
– replaces defective goods with new, flawless goods or
– returns the amount paid.
The decision of which of the warranty claims to enforce is solely on the part of the consumer and is not tied to any order of their enforcement.
If the existence of a defect in the goods is not disputed, the company must comply with the buyer’s request as soon as possible, but no later than within eight (8) days.
The company must respond to the customer’s request in writing no later than eight (8) days after its receipt, if the existence of a defect in the goods or an irregularity in the service provided is disputed.
Delivery of goods ordered from the online shop is also possible to most countries around the world. The shipping price for different countries is based on weight and is calculated at the online shop checkout. International delivery time for in-stock items is usually 5-14 days. Delivery time may be longer in countries with customs administration. In the event that the ordered goods are not in stock, the company and the buyer will mutually agree on the delivery date.
2.10. Complaints, disputes and application of law
The company complies with applicable regulations in the field of consumer protection. The company has an effective complaint handling system in place and has a designated person with whom the customer can contact by e-mail in case of problems. In case of problems or wishes to file a complaint, the customer can contact the company via the e-mail address email@example.com. The appeal process is confidential.
The company will confirm within eight (8) working days that it has received the complaint and resolve the guarantee or warranty claim within the statutory deadline. The company will do its best to resolve any disputes amicably. If an amicable solution to the dispute is not reached, the local competent court is responsible for resolving all disputes between the company and the customer according to Article 51 of the ZPP, in the area ofwhich the obligation that is the subject of the dispute should be fulfilled.
Slovenian law applies and applies to these General Terms and Conditions and to all disputes between the company and the customer.
The provisions of the Code of Obligations, the Act on Electronic Business on the Market, the Act on the Protection of Personal Data and the Act on Consumer Protection apply mutatis mutandis to all relationships and rights and obligations not regulated by these General Terms and Conditions.
2.11. Out-of-court settlement of consumer disputes
In accordance with legal norms, the company does not recognize any provider of out-of-court resolution of consumer disputes as competent for the resolution of a consumer dispute that the consumer could initiate in accordance with the Act on Out-of-Court Resolution of Consumer Disputes (hereinafter: ZlsRPS).
In the event that the buyer/consumer is not satisfied with the resolution of the complaint, in accordance with the ZlsRPS, he can file an initiative to start the procedure for the out-of-court resolution of a specific consumer dispute through the European platform for the online resolution of consumer disputes (SRPS). In accordance with ZlsRPS, the company also publishes an electronic link to the European SRPS: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL
The buyer can also decide to file a lawsuit with the competent court of his permanent residence.
III. RESERVATION PLATFORM
3.1. Offer of services
The information on the reservation platform is based on the data provided to the company by the service providers. The company assumes no responsibility for their accuracy and completeness. To the extent permitted by law, it cannot be held liable for any errors, interruptions or missing information. Please let us know about them by email: firstname.lastname@example.org. We will try to eliminate them as quickly as possible.
3.2. Using the reservation platform
The company offers and operates a reservation platform where service providers can promote and sell their accommodation and other services. The company is an intermediary between the guest and the provider. The company is responsible for the operation of the web portal, while the service provider is solely responsible for the guest’s experience when providing the service. The contract is concluded between the service provider and the customer or guest.
By using the reservation platform, the guest agrees to comply with all applicable laws, not to use the platform to cause disruption or false bookings, to use the accommodation or service for its intended purpose, not to cause any disruption or damage and not to behave inappropriately to service provider personnel (or anyone else for that matter).
3.3. Booking process
A guest may be required to create a user account to make a reservation. When making a reservation, the guest accepts these terms and conditions and all other terms and conditions that he or she is made aware of during the reservation process.
The contract is concluded when the service provider receives a confirmation from the reservation platform and when the provider sends the booking confirmation to the guest. With this, it is considered that the guest fully accepts the General Terms and Conditions of the company. The guest is responsible for providing correct information and its authenticity. The reservation is confirmed with a 30% prepayment to the transaction account specified in the offer, which is limited in time, or upon successful debiting of the credit card or via Paypal for an amount in the same amount via the reservation platform. If the provider does not receive the advance payment of the reservation amount within the agreed period, he reserves the right to cancel the reservation. Based on the advance payment, the guest receives a confirmation of the reservation.
All prices on the booking platform are quoted in euros and include VAT, unless explicitly stated otherwise. All prices are valid at the time of confirmation of the reservation and do not have a predetermined validity, so they are valid only until they are changed each time. Despite the company’s best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect.
When a guest makes a reservation, the guest agrees to pay the cost of the reservation, including any applicable duties, taxes, and fees.
3.5. Payment methods
The reservation is confirmed after a 30% prepayment to the transaction account specified in the offer, which is limited in time, or upon payment of the amount by credit card or Paypal via the reservation platform.
3.6. Contract of sale
The service provider issues a written invoice with itemized costs to the guest who makes a reservation via the reservation platform. The sales contract in the form of a booking confirmation is stored electronically on the company’s server and is accessible to the guest at any time in his user profile.
From this moment on, all prices and other conditions of purchase are fixed and apply to both the service provider and the guest.
3.7. Reservation changes
Changes to reservations can only be made in writing via the email address email@example.com or directly with the service provider. Changes to the reservation are only possible depending on the availability of services from the provider. Any additional costs of changing the reservation are covered by the guest.
3.8. Cancellation of reservation
The cancellation of the reservation can only be arranged in writing via the email address firstname.lastname@example.org or directly with the service provider. Cancellation costs vary for different service providers and are listed in the information on the provider’s page on the booking platform.
If the guest is not satisfied with the reserved services, he must complain about them already with the provider and not until after the service has been completed or upon arrival home. If the irregularity could not be eliminated, the guest is obliged to request a written confirmation of the deficiency from the provider. Based on this, he can submit a written complaint within two (2) months from the day the service was provided. In the event that judging from the content (e.g. insufficient cleanliness of the accommodation facility, location, equipment, low-quality service) the complaint could have been resolved during the provision of the service itself, and the guest did not criticize the error on the spot, it is considered that the guest agreed with such a defective service and thereby lost the right to lodge later complaints with a request for a price reduction. If the deficiency could not be eliminated, it is necessary to send a written complaint together with certificates of deficiency to the address or e-mail address of the service provider and, for the company’s information, to the e-mail address email@example.com. The complaint must be signed, and each guest can file it on their own behalf or authorize a third party to do so in writing. The authorization must be attached to the complaint, otherwise the provider will not process such a complaint. Complaints sent only to the address or e-mail of the company will also not be considered. Until the provider issues a response to the guest’s complaint request, the guest refrains from forwarding the complaint to third parties and competent institutions or providing information to the media. In any case, the amount of compensation is limited by the amount of the paid reservation. If, due to the provider’s fault, some services were not performed, the guest has the right to compensation in the amount of the real value of the services not provided. The provider is obliged to respond to the passenger in writing within the time that is in accordance with the provisions of Article 39 of the ZVPot.
3.10. Potential violations
The company has the right to prevent the guest from making any reservations, cancel all reservations that the guest has already made, and/or prevent the guest from using the reservation platform and/or user account, in the event of the following reasons: fraud or abuse, non-compliance with applicable laws or regulations, inappropriate or illegal behavior (eg violence, threats or invasion of privacy) in connection with the company or service provider. In such cases, the guest is not entitled to a refund.
To the extent permitted by mandatory consumer law, the company is only liable for costs incurred as a direct result of the company’s error. This means that, to the extent permitted by law, the company is not responsible (for example) for: indirect loss or damage, inaccurate information about the service provider, the product, service or action of the service provider or other business partner, an error in the e-mail address , phone number or credit card number (unless the Company is at fault), force majeure or an event beyond the Company’s control.
The company uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments. Authorized online systems ensure secure authorizations and credit card transactions. Credit card authorizations are carried out in real time with immediate verification of data from banks. Card information is not stored on the company’s server.
The user himself is also responsible for security, namely by ensuring the security of his username and password, as well as the appropriate software and anti-virus protection of his computer.
The company makes every effort to ensure that the information published in its online shop and on the booking platform is up-to-date and correct, but the characteristics of the products and services, the delivery time or the price may change so quickly that the company is unable to timely correct the information that are published in the online shop.
Although the company tries to provide accurate photos of products sold in the online shop and photos of accommodation and other service providers, all photos should be taken as symbolic. Photos do not guarantee product or service features.
VII. Changes to the General Terms and Conditions
The company may, in the event of changes to the regulations governing the operation of online shops, data protection and other areas related to the operation of the company’s online shop, and in the event of changes to its own business policy, amend and/or supplement these General Terms and Conditions, which will be discussed each time informed the users in an appropriate way, where information through the website counts in particular. Each time changes and/or additions to the General Terms and Conditions come into effect and are applied after the expiration of eight days from the publication of the changes and/or additions. If the amendment and/or amendment of the General Terms and Conditions is necessary to comply with the regulations, these amendments and/or amendments may, exceptionally, enter into force and be used in a shorter period of time.
A user who does not agree with the changes and/or additions to these General Terms and Conditions of Business must cancel his registration within eight days from the publication of the notice of change and/or amendment to the General Terms and Conditions, otherwise, after the expiration of this period, it will be considered and evidence to the contrary is not admissible , that the user accepts changes and/or additions to the General Terms and Conditions. Cancellation of registration is done by the user notifying the company of the cancellation in writing.
DPG, promocija dogodkov d.o.o.
In Ljubljana, on September 1, 2022