Terms & Conditions

The web page www.experience-creator.com is part of the sales and promotion system under the brand of Perfect Experience Creator. The brand is owned by the travel agency of the same name, which is owned by the company Valamar Riviera d.d., and aims to provide users with services related to accessing information and buying or activating select experiences in four destinations organised by the partners of the Perfect Experience Creator agency, accessing information on accommodation in the facilities owned by the company Valamar Riviera d.d., on transport in Croatia and on select destinations in Croatia, while also providing the possibility of commenting on completed experiences, purchasing products and other services, together with all other activities related to the transport and organisation of accommodation for tourists in the destination.

These terms and conditions apply to all bookings made:

• via the web page www.experience-creator.com
• at the info points of Perfect Experience Creator in Poreč
• at the info desks located within the accommodation facilities of Valamar Rivera d.d. in Poreč, Rabac, Krk and Dubrovnik.

End Users

Every person of legal age that accepts these Terms and Conditions shall be considered an End User. The right to use the content of this web page is the personal right of the End User and cannot be transferred to other natural or legal persons. The End User is responsible for the protection of all personal information that has to be entered during the creation of a user profile.

Perfect Experience Creator Partners

Perfect Experience Creator sells, promotes and recommends experiences as the agent of companies, businesses, associations, family farms and other service providers (hereinafter: Partners) and offers these same experiences to End Users. Perfect Experience Creator facilitates and executes sales on behalf of Partners via the web page www.experience-creator.com. As the owners of the experience, Partners oblige to deliver the contracted experience in the best manner possible, with the due diligence of a prudent businessman and with respect to all the standards of quality that they apply in their regular business with End Users.

Partners provide services directly to End Users. Perfect Experience Creator is neither the owner nor the provider of the services it offers on its web page, and thus cannot be held responsible for any legal, material or other issues that may occur during the consumption of any of the experiences that it offers. Perfect Experience Creator is responsible for services that a Partner or any other third party has failed to execute, or has executed incorrectly. All Perfect Experience Creator vouchers are issued in accordance with the Terms and Conditions of each Partner individually, and in accordance with these Terms and Conditions.

Perfect Experience Creator Vouchers

These Terms and Conditions regulate the conditions for the activation of three types of vouchers (in printed and electronic form) which can be activated via the web page www.experience-creator.com

The Types of Vouchers that Can Be Activated Via the Web Page www.experience-creator.com

• informative voucher - a free voucher that provides the user with detailed information on an experience
• discount/bonus voucher - a free voucher that allows the user to use a discount/bonus for a certain experience within a certain time period
• purchase voucher – a voucher that represents proof of booking and payment for the execution of the same service, and which also contains useful information for the execution of the experience

After a user purchases or activates any of these vouchers, Perfect Experience Creator will send the same voucher to the e-mail address provided, and the voucher will be available for viewing and printing on the profile page of the user. Perfect Experience Creator is not responsible for any vouchers lost due to spam filters or firewalls, or due to the End User providing the wrong e-mail address. If you do not receive your voucher, please contact us immediately at info@experience-creator.com so that we can resend the voucher to the correct e-mail address.

Prices

Perfect Experience Creator strives to offer the best prices for all experiences provided to End Users via the Perfect Experience Creator web page. Perfect Experience Creator reserves the right to modify these prices without prior announcement. All payments shall be made in Croatian kuna, The balance of your credit card will be deducted from in accordance with the amount of the price converted from euros to Croatian kuna in accordance with the valid exchange rate of the Croatian National Bank. In charging your credit card, the same amount will be converted into your local currency according to the card association. As the result of this conversion, smaller discrepancies between this price and the original price listed on our web page may occur.

Complaints

If an End User happens to have any complaints regarding the realisation of the services provided by our Partners, we advise him/her to address the Partner with them immediately so that they may be dealt with, if possible. If an End User has any complaints about our services or has any other kind of complaints, we advise him/her to contact us at info@experience-creator.com or 052/408 102, and we will do everything in our power to solve the problem as soon as possible.

Vouchers

Perfect Experience Creator vouchers are valid within the term stated on the voucher or up to its expiry date. Expired vouchers are non-refundable in their entirety. The expiry date is clearly stated on the voucher.

Booking Cancellation

It is possible to cancel your booking. The terms for cancelling a booking are provided for every experience separately and can be accessed by clicking the link ˝Cancel Booking˝ on the digital version of the voucher, on the web page or on the page of the experience.

PLEASE NOTE: In case of the cancellation of bookings for trips that have been paid for in cash, the money will be returned to the buyer via payment made to his/her bank account, which is a term that the buyer accepts by purchasing the trip itself.

Package Delivery

It is the End User’s obligation to deliver to Perfect Experience Creator a valid postal address for the delivery of packages. Perfect Experience Creator is not liable for damages to the Perfect Experience Creator package, delays in the delivery of the order or the theft of the Perfect Experience Creator package if they are incurred by incorrect or incomplete information on the place of delivery (postal address or instructions, if necessary). When receiving the Perfect Experience Creator package, the user is obliged to examine the condition of the package and, in case of any damage, immediately return the product to the delivery person (the employee of the delivery company). Perfect Experience Creator is not liable for any damages to the Perfect Experience Creator package after the moment the recipient receives the package from the employee of the delivery service.

Insurance

Some of the experiences that can be purchased on the Perfect Experience Creator web page might be potentially dangerous. Before purchasing and using any such experience, the End User must be aware of the risks. If the End User has doubts of any kind regarding this, Perfect Experience Creator is at his/her disposal for any additional information. End Users shall use all the services provided by Perfect Experience Creator Partner exclusively at their own responsibility.

Defining the Elements of All Perfect Experience Creator Experiences

The important elements and features of all Perfect Experience Creator experiences are defined on the web page www-experience-creator.com so that the End Users may familiarise themselves with them before making a purchase. Perfect Experience Creator aims to provide as detailed a description as possible of each experience. As purchase and discount vouchers have a defined expiry date, changes in the execution of the service may occur between the date of purchase or activation and the date of the realisation of the same voucher. The Partner’s Terms and Conditions that are in force at the time of the booking shall apply to the realisation of the voucher.

Images and Videos

The images and videos provided on the web page www.experience-creator.com are merely of an illustrative character. Perfect Experience Creator does not vouch that these images and videos will completely correspond to the content that the user encounters in situ.

Duration of the Experience

Certain Perfect Experience Creator experiences have a precisely defined duration. All information on the duration of the experience is provided on the voucher. After booking the exact date and hour of the realisation of the experience, smaller deviations may occur due to other time slots, the tardiness of other End Users and other unexpected circumstances, so we kindly ask you for your patience in the event you have to wait.

Voucher Limitations

Certain experiences that can be purchased at www.experience-creator.com include certain limitations such as age, weight, height, medical condition etc. All of the limitations are stated on the detailed description of the voucher which is at the disposal of the End User, and which the End User has been familiarised with before purchasing every Perfect Experience Creator experience. Perfect Experience Creator is not liable for any misinterpretations of the information provided on the web page.


Discounts and Promotions

From time to time, Perfect Experience Creator will be providing its customers with discounts and promotions. A promotional ˝DISCOUNT CODE˝ (hereinafter: CODE) that has to be entered into the shopping cart during purchase will be assigned to such promotions. The promotional CODE has to be used before its expiry date. If the End User happens to possess several CODES, they cannot be combined, i.e. only one code can be used per purchase. If Perfect Experience Creator determines that the CODES have been used in an unauthorised manner, the account of the user shall be blocked immediately until facts are established. Perfect Experience Creator reserves the right to terminate promotions at an earlier date without prior announcement and at any moment.

Perfect Experience Creator Liabilities

Perfect Experience Creator is not liable for any action, omission, damage, loss or error incurred by the negligence, omission or any other action from the part of the Partners or third parties. Perfect Experience Creator is not responsible for any damage to the equipment or other belongings of End Users that may be incurred as the consequence of using the web page www.experience-creator.com. The End User agrees to use the web page www.experience-creator.com at his/her own responsibility and that neither Perfect Experience Creator, nor any third parties related to Perfect Experience Creator, can vouch in any manner that the use of this web page cannot be terminated, or that difficulties cannot arise. Perfect Experience Creator is not liable for the consequences that may arise from the use or impossibility of using this web page, and neither is it liable for the accuracy and reliability of its content and any information on services and products provided on this web page. This liability statement pertains to any damages or possible injuries incurred by any kind of error, deletion, termination, computer virus, malfunction, delays in operation or transfer, communication breakdowns, theft, contract termination, destruction or unauthorised access, alteration or abuse of records, inappropriate behaviour, negligence or any other action. The End User agrees that Perfect Experience Creator is not liable for the inappropriate or unlawful behaviour of other users or third parties, and that the risk of any possible damage is fully borne by the End User.

The End User expressly declares that he/she will not hold Perfect Experience Creator, its managers and its employees responsible for the compensation of any damages or expenses, including expenses related to legal representation, which may stem from the use of the web page www.experience-creator.com. Perfect Experience Creator, i.e. its legal representative Valamar Riviera d.d. may at any moment terminate its business relationship with any End User and revoke his/her passwords or user account. In case of this, the provisions of these Terms and Conditions pertaining to the responsibilities and obligations of the End User shall remain in force.

Intellectual Ownership

All content - which includes, but is not limited to the texts, software, photographs, video materials, images, and music located on the web page www.experience-creator.com are the exclusive right of Perfect Experience Creator and may be used only with the express permission of the copyright, trademark and design owners. Using, copying, publishing or altering any part of the content of the web page, in part or in full, is strictly prohibited without the express written permission of Perfect Experience Creator. Violation of these Terms and Conditions results in the violation of copyright, trademark and design rights, and will lead to the initiation of court proceedings and the criminal prosecution of the perpetrator.

Safety of Online Purchases

The Internet is largely a safe shopping environment - however, events that are beyond the control of Perfect Experience Creator may occasionally occur, and thus Perfect Experience Creator cannot be held responsible for the occurrence of the same (termination of service, temporary unavailability or loss of connection, data loss during transfer). The End User is familiar with these facts, agrees with them and accepts them. Perfect Experience Creator reserves the right to alter or delete any part of the Terms and Conditions or of the Information Protection Statement at any moment, without prior or subsequent announcement. If the user continues to use the content of the web page, it shall be understood that the user accepts the new Terms and Conditions in their amended form. The new Terms and Conditions shall enter into force immediately after they are published on the web page www.experience-creator.com, thus continuing to use the web page indicates that you are in agreement with them.

Review Policy and Terms of Use
The Purpose of Reviews

Perfect Experience Creator invites its users to publish reviews of the events that we offer in order to help other users:

• determine whether a particular experience is right for them
• discover useful tips and information that will help them make the best of their holiday;
• provide Perfect Experience Creator and its partners with feedback on what needs to be improved.

A review should represent a true reflection of the experience that examines the quality of the experience and presents the user’s opinion of it. Reviews are not representative of the views of Perfect Experience Creator, i.e. Perfect Experience Creator is not liable for any incorrect information or misinterpretations.

Who Can Write a Review

Only those users that have booked and consumed a particular experience via Perfect Experience Creator may write a review about their experience.

Rules for Writing Reviews

a) supply correct information;
b) make sure that the information you supply does not violate the Terms of Use, guidelines or rules of Perfect Experience Creator;
c) do not publish or distribute any information owned by third parties without their written consent

Displaying Information

Perfect Experience Creator holds that visitors are eager to hear the impressions of other users, to know where these users come from, when they consumed a particular experience and how they liked it. In accordance with this, Perfect Experience Creator displays a summary of the user’s personal information as part of the review.

Review Content

Perfect Experience Creator does not edit or alter the content of the reviews sent by users, though it reserves the right not to publish reviews that are in violation of these Terms and Conditions.

In case you have consumed an experience booked via Perfect Experience Creator but did not receive an invitation to post a review via e-mail, please contact Perfect Experience Creator at info@experience-creator.com.

Indemnification and Liability

The user agrees to indemnify Perfect Experience Creator and all partners of Perfect Experience Creator for any damage, loss or expenses claimed from Perfect Experience Creator by third parties which have been incurred or are in any manner related to the violation of these Terms and Conditions in relation to a service.

Concretely, by using such a service, the user declares and vouches:
a) not to, advertently or inadvertently, publish information that could cause damage or offence to any person and their business and, in particular: not to publish information and comments that are untrue, malicious, slanderous, offensive or obscene or which can be interpreted as such;
b) not to act in a cheating and deceptive manner and not to participate in illicit or illegal activities.

Other

Posting links to the www.experience-creator.com  web page from any other web page is not permitted without the express permission of Perfect Experience Creator. Perfect Experience Creator reserves the right to, at its own discretion,withdraw permission for any link at any given moment.

Legal Disputes

The titles of the chapters that are used in these Terms and Conditions are for the purpose of orientation only and shall not in any manner affect interpretations of the text contained within. If the authorised court renders any of the items of these Terms and Conditions null and void, this shall not affect the validity of the other provisions of these Terms and Conditions, which shall remain in force. If any party fails to make use of their rights under these Terms and Conditions, it shall not be considered that these rights have been renounced or withdrawn, and the same shall apply to any other Terms and Conditions and provisions hereof. The seat of the company Valamar Riviera d.d. is in Poreč, Republic of Croatia. The court in Pazin shall have jurisdiction over any legal disputes that may arise as the consequence of using this web page (unless it is stated otherwise in a separate contract), which shall be settled according to the positive regulations of the Republic of Croatia. By using this web page, the End User accepts the jurisdiction of the court in Pazin over any dispute or claim stemming from, or relating to these Terms and Conditions or their implementation.

Notice on the Manner of Delivering Consumer Complaints

In accordance with Article 8, paragraph 2 of the Consumer Protection Act (official gazette of the Republic of Croatia ˝Narodne novine˝ no. 79/07, 125/07, amended, 79/09. 89/09-amended), we would like to notify our customers that they may deliver any complaints regarding the quality of our services via the e-mail address: info@experience-creator.com

Privacy Policy
Policy for the Protection Personal Information on the Portal experience-creator.com

You, our visitors, represent our most valuable potential, which is why we bestow particular attention upon you and strive to gain your trust and meet your expectations through open and responsible communication. Perfect Experience Creator obliges to protect your personal information, as the text below details. Please check our personal information protection policy regularly for any updates.

Protection of Personal Information - General

We primarily collect personal information for the purpose of:

• being able to respond to your queries as efficiently as possible
• ensuring the provision of services and payment for the same
• entering our sweepstakes system
• promoting our services
• performing internal statistical data processing
• sending newsletters, brochures and other promotional material

The following information is covered by the Personal Information Protection Policy (Privacy Policy):

• name and surname
• address
• e-mail address
• phone and/or fax number
• other information that you request to remain confidential

Duration of the Privacy Policy

By registering, you are providing us with your permission to contact you and you will enter our mailing list - the moment of registration represents your express consent to be contacted. The protection of the privacy of your personal information is permanent, and you can request to be unsubscribed from our mailing list at any moment. After this, Perfect Experience Creator will not use your personal information any more, except for internal purposes, e.g. statistical data processing.

Content of the Privacy Policy

We will not sell, hire or make available your e-mail address and other personal information to third parties (whether natural or legal persons) without your consent, as this is against our privacy policy. Perfect Experience Creator strictly adheres to a ˝no spam˝ policy. Perfect Experience Creator is not liable for unintentional errors or errors caused by force majeure, or other objective circumstances that caused the inadvertent violation of the guaranteed protection of your personal information, but it guarantees that any errors will be removed as soon as possible, if possible.

We collect only that personal information which is delivered to us voluntarily, and we use this information exclusively for the purpose of providing the aforementioned services. We do not demand that you send this information to us in order to access our web page, and we do not demand of you to disclose more personal information than it is truly necessary to participate in a certain activity on our web page. After the service is duly paid for and provided, this information will not continue to be used without special permission from your part.

In case of the sale or transfer of the interest of the Perfect Experience Creator sales and promotion system, we reserve the right to sell or transfer your information to a third party that:
a) conducts business in a similar area of activity of service
b) accepts to be the successor in interest of Perfect Experience Creator regarding the preservation and protection of the information collected and
c) accepts the obligations of this personal information protection policy.
By filling in forms on this page, you are vouching that the information that you have entered is correct and that you fully agree with the provisions of our privacy policy and the conditions contained therein.

Use of Cookies

In order to make browsing our web page easier, our global network server uses cookies. Cookies are bite-sized text files that the server stores on the computer of the user in order to keep track of the selection of language on our web page or login information. Cookies cannot be used to run programmes or install viruses on your computer. The cookies that our web server stores are automatically deleted at the end of a session, i.e. the moment you leave our web page. Our web page can be viewed without the use of cookies if your browser settings are adjusted accordingly.

Data Safety

In order to ensure data safety on this address and to make this service accessible to all users, this computer system uses software that monitors visits and recognises unauthorised attempts to remove or modify data, together with attempts that cause harm in any other manner. Unauthorised attempts to remove or modify data at this location are strictly prohibited.

Questionnaires and Polls

We occasionally conduct questionnaires and polls on our web page. The information that we gather with these questionnaires and polls is used exclusively for the needs of Perfect Experience Creator. If we publish data on questionnaire responses on one of our pages, this data shall not contain any personal information.

Promotional Prize Draws

Our pages often feature news about the various competitions we are organising. For those competitions and prize draws that can be accessed electronically, we will use your personal information only for purposes related to the draw (e.g. to contact you in case you win a prize). We do not share this information with anybody beyond the Perfect Experience Creator, with the exception of our suppliers who help us organise the draws and who are legally bound to keep all available information confidential. Once the competition is over, we can delete the information that you have delivered if you so wish.

Protection of the Personal Information of Children

We acknowledge the fact that the issue of children directly accessing the Internet engenders specific problems related to the protection of their privacy. Those of our web pages that could attract children, or possibly collect the personal information of children under the age of 14, have been created with the intent of protecting the rights and privacy of children to the greatest extent possible. In accordance with this intent, we:
DO NOT collect, DO NOT use and DO NOT disclose any information that could be used to contact children via the Internet, with the exception of promotional prize draws on the Internet. Such information for contact via the Internet is used, without the consent of parents, only to respond directly to children’s questions, and shall not be used for any other purpose;
DO NOT collect personal information for contacting children beyond the Internet, except for the purpose of prizes, and even then only with parental consent;
DO NOT deliver any personal information to third parties without previously obtaining parental consent;
DO NOT allow children to, without the permission of their parents, publicly publish or in any other manner distribute the personal information or other information that they send to us and by which they can be contacted, and neither do we stimulate children to, for the purpose of participating in a prize draw, reveal more personal information than is necessary to participate in the said activity.
In cases where children under the age of 14 are permitted to participate in prize draws, we request that the children ask for consent from their parents or legal guardians and to enter the e-mail address of their parents or guardians.
If a child under the age of 14 wins a prize, the parents or guardians are notified about this via e-mail, phone or in writing. The personal information of the child and parents can be deleted from our database upon the request of the parents.
As a parent or guardian, you are always entitled to request to view all the personal information on your child that we have obtained on one of our pages and you can request that this information be deleted (if this information is still in our database) and/or to forbid us to collect and use information on your child in the future. If you are a parent and you wish to exercise this right, please contact us.
In addition to the aforementioned, Perfect Experience Creator vouches for the protection of the personal information of children as prescribed by the special laws that regulate this matter.

Control

Feel free to contact us at any moment if you wish to view your personal information, or if you wish to update, correct or erase this information. Up to that moment, we will use your old information for the aforementioned purposes.

By filling in forms on this page, you are vouching that the information that you have entered is correct, that you are legally competent, that you are fully entitled to conclude this business agreement, and that you fully consent to Perfect Experience Creator using and collecting your information in accordance with the law and with the conditions of our privacy policy.

Links

We do everything in our power to ensure that all the links on our web page direct you and/or your child to sites of high quality, i.e. sites without any negative content. However, as web pages and addresses may change rapidly, we cannot always vouch for the content of every web page that we direct you to. If you have any questions or dilemmas related to our Personal Information Protection Policy or related to your experiences with this web page, please contact us.

Modifications and Termination of the Terms of Use

Perfect Experience Creator reserves the right to modify or terminate this web page and terms of use in full or in part, at any moment. The changes shall enter into force the moment they are published on this address, or at the moment the users are notified about them. The terms of use shall apply up to the termination of the same from your part or from the part of Perfect Experience Creator. Termination from your part is possible at any moment, and implies the cessation of the use of this web page and the deletion of all material and content downloaded and used from the same web location.