Introduction
Article 1
1. The General Terms and Conditions of Participation in the Karlovac County In Medias Res Tourism Promotion Programme (hereinafter referred to as ‘General Terms and Conditions’) regulate the terms and conditions under which Karlovac County, 2 A. Vraniczanyja Street, Karlovac (hereinafter referred to as ‘Karlovac County’) shall facilitate the participation of users in the Karlovac County In Medias Res Tourism Promotion Programme (hereinafter referred to as ‘Programme’) as well as the terms and conditions under which Karlovac County shall permit the use of the special application for participation in the Programme.
2. The General Terms and Conditions shall apply to the relationship between Karlovac County and the users of the Programme application (hereinafter referred to as ‘User’), while the valid regulations of the Republic of Croatia shall apply accordingly to all the relations between Karlovac County and the User that are not regulated by the General Terms and Conditions.
3. Karlovac County retains the right to close down the Programme or change the scope, mode, or type of benefits provided by the Programme at any time, without prior notice or explanation.
User of the Programme Application
Article 2
1. Any physical or legal person that expressly agrees and consents to become member of the Programme may become User of the Programme. Each physical or legal person shall be allowed only one single registration in which they will create their profile in the Programme, that is, the application.
2. The use of the application or Programme is free of charge, that is, no compensation shall be paid for participation in the Programme.
3. User application form for joining the Programme is available via the mobile application and the web pages of the Karlovac County Tourist Board. Participation is conditional upon filling out the virtual application form and the acceptance of the General Terms and Conditions within the application.
4. All appliers for the Programme application shall fully and truthfully fill in all the required data in the virtual application form in order to enjoy the Programme benefits. The appliers shall be responsible for the accuracy and truthfulness of the data entered in the virtual application, and Karlovac County shall take no responsibility for the truthfulness or the accuracy of the data.
5. The required fields in the virtual application form are the following: first and last name or company name, gender, birth date, address, telephone/mobile telephone number, and e-mail address. Personal identification number, number of family members, and educational background are not required fields in the virtual application form.
6. The virtual application form includes a statement by the applier on the acceptance of the General Terms and Conditions. Prior to submitting the virtual application form to Karlovac County for activation, the applier shall study the General Terms and Conditions and click on the appropriate field in acceptance of the General Terms and Conditions. If the applier does not accept the General Terms and Conditions, they shall not be allowed to participate in the Programme via the application.
7. The virtual application form also includes a statement by the applier on their provision of express consent to Karlovac County and the Karlovac County Tourist Board to process personal data for certain purposes as determined in Article 4 of the General Terms and Conditions.
8. Upon filling out the virtual application form as described in the previous paragraphs of this Article, as well as upon accepting the General Terms and Conditions, the applier shall submit the application form by clicking on the appropriate field, thus requesting an activation code, which shall be delivered to the entered e-mail address. The applier shall enter the received activation code in the appropriate field and complete the registration process by clicking on the appropriate field. Once the applier has received the access data – the card number and the PIN – they will have become User of the Programme application. The access data are sent to the User’s e-mail address. The User shall undertake to safeguard the access data from unauthorised third-party use.
9. Karlovac County and the Karlovac County Tourist Board retain the right to deny the User access to the Programme should they detect unauthorised use of user data, of which they shall inform the User. Should the User detect unauthorised/illegal use of their access data by a third party, they shall inform Karlovac County of this immediately. The User is responsible for any damage resulting from unauthorised/illegal use of their access data up to the time they have sent notice of the same to Karlovac County’s e-mail address stated in Article 10 of the General Terms and Conditions. The User shall immediately inform Karlovac County of theft and/or loss of access data with the goal to prevent potential damage.
Legal Matters
Article 3
1. The act of registration shall not establish any business or entrepreneurial relations between Karlovac County, the Karlovac County Tourist Board, or the User. Participation in the Programme shall be conducted exclusively within the framework of individual responsibility, independently, and as an activity legally independent of Karlovac County.
2. The User shall be entitled only to the benefits contained in the Programme and shall not be entitled to any other benefits. The User shall not be entitled to any expenses. The User is not authorised to represent Karlovac County, especially with regard to providing or taking over explanations within the framework of the Programme.
Data Protection
Article 4
1. By filling out the virtual application form and by accepting the General Terms and Conditions the User gives their express consent to Karlovac County with regard to the registration, further processing, and use of their personal information contained in the virtual application form for the purpose of User records and with the goal to receive benefits. The User states that the data submitted to Karlovac County are accurate and that, in case inaccurate data was provided, they shall compensate Karlovac County for any damages incurred thereby, as well as that Karlovac County shall in no way be responsible for the above. The data collected and processed by Karlovac County as processing leader for the purpose of participation in the Programme on the basis of the consent are as follows: first name and last name or company name, gender, address, telephone/mobile telephone number, e-mail address, date of birth. The User shall acknowledge the right to recall the consent at any time and to request cessation of further processing of the application User’s personal data, in which case further processing of said data is prohibited. The consent shall represent the User’s express declaration of consent to personal data processing for the purpose of participation in the Programme and to enjoy the benefits of the same. By providing their express consent, the User shall confirm that they are informed of being entitled to request the following from the processing leader: access to personal data, correction or deletion of their personal data, limitation of processing relating to the User as survey subject, filing a complaint to the processing of such information, the right to data transferability, withdrawal of the Consent unless the withdrawal affects the legality of the processing that had been based on the Consent prior to the withdrawal of the Consent. In case irregularities occur that lead to a violation of the User’s rights, the survey subject shall be entitled, in line with the valid regulations, to file a complaint to the authorized body. The User of the application shall be entitled to withdraw the consent for data processing in writing to zastita-podataka@kazup.hr, stating specifically which of the consent elements they want withdrawn.
2. The User shall inform Karlovac County, on a timely basis and without delay, of any changes in their personal data stated in the virtual application form as required. Karlovac County shall not be responsible for any damage that the applicant, that is, the User shall suffer due to failure to meet this requirement.
3. Karlovac County will collect, process, and keep the Users’ personal data and identification data in line with the law and the General Terms and Conditions. Karlovac County shall keep the data confidential, using them only for the County’s purposes, for the purposes of user satisfaction surveys, and for the purpose of facilitating user benefits. Karlovac County is authorised to deliver the User’s data to third parties, legal persons (that have signed contracts with Karlovac County on joining the Programme) for the purpose of providing benefits.
4. If Karlovac County receives a statement on withdrawal of consent for the use of the personal data marked on the virtual application form as required because Karlovac County needs said data for participation in the Programme via the application , for identification and communication with the User for the purpose of facilitating user benefits, and for facilitating all the rights and obligations resulting from participation in the Programme, the statement on withdrawal of consent shall be considered cancellation of participation in the Programme on the part of the person that has withdrawn consent to use of personal data. Legal consequences of the withdrawal shall come into effect within 48 hours after the day the statement on withdrawal of consent for processing of personal data is received. The statement on withdrawal of consent shall be sent to the e-mail address stated in Paragraph 1 of this Article of the Terms and Conditions.
The User may also cancel their participation in the Programme via the menu in the smartphone application as stated in Article 7 of the General Terms and Conditions.
5. By clicking on the field relating to personal data processing for the purpose of receipt of additional information on additional benefits and news from Karlovac County and its business partners, the User shall provide their consent to Karlovac County to process their personal data for marketing purposes, that is, for the purpose of delivery of information and promotional notices to the address, that is, e-mail address provided by the User, as well as to contact them on the telephone or mobile telephone and inform them via other means of communication of new offers and benefits provided by Karlovac County, the Karlovac County Tourist Board and/or their partners and to directly promote and offer individually formed promotional information and also to advise the User of the types of user benefits and possible ways of obtaining them. The User may withdraw their consent at any time via the smartphone application menu or by sending a statement on consent withdrawal to the e-mail address stated in Paragraph 1, Article 4 of the General Terms and Conditions. Withdrawal of the consent shall be registered within 48 hours.
Benefits
Article 5
1. In line with the General Terms and Conditions, by using the Programme application the User shall enjoy benefits with the Programme partners. The benefits to the User are based on contractual terms and conditions set for Karlovac County, the Karlovac County Tourist Board, and the Programme partners. The value and amount of the benefits, as well as the terms and conditions for the User to receive the benefits vary depending on the Programme partners. Karlovac County shall conclude contracts with Programme partners, which contracts facilitate Karlovac County’s provision of benefits to Users within the framework of the Programme. The list of all the current Programme partners is available via the Application. The User may not choose Programme partners, that is, Karlovac County selects Programme partners freely and completely independently of the User.
2. The User may obtain the benefits by way of QR code or bar code generated through the mobile application.
3. The Programme benefits are free of charge, that is, the User shall pay no compensation.
4. It is recommended that the User regularly inform themselves of the benefits available from the Programme Partners via the Application.
5. The User is under no obligation to use the benefits offered by the Programme partners, to bring in new Users, or to carry out other activities.
Disclaimer
Article 6
1. The scope of the Programme is limited to its implementation as described in the General Terms and Conditions.
2. The rights and obligations on the part of the User that arise from purchases made shall relate exclusively to the Programme partner in question. The contract of sale of products and/or services is concluded and takes effect exclusively between the User and the chosen Programme partner.
3. Having concluded a contract with a Programme partner, Karlovac County undertakes no responsibility for the Programme partner’s services and/or products.
4. Karlovac County shall not be accountable for any material and/or legal defects of the Programme partner’s services and/or products. The User shall not be entitled to any reimbursement by Karlovac County and/or the Programme for the entire or partial benefit, to payment in cash, or any other compensation or damages. The User’s potential claims in case of material and/or legal defects in the Programme partner’s service and/or product may be directed exclusively towards the Programme partner.
5. Karlovac County shall accept damage claims only in case of intent or gross negligence. Karlovac County shall in no way be accountable for damage, loss of profit, or non-material damage of any kind.
6. Karlovac County shall in no way be accountable for the following:
• loss of availability of the Internet access service used by the User, regardless of the Internet service provider;
• other technical and electronic defects of the Internet access service;
• unavailability of the network through which Internet is accessed and/or unavailability of the application;
• operation and quality of the device on which the User uses the Programme application.
7. All of the above relates also to the private accountability of the employees, legal representatives, and mandataries of Karlovac County.
Termination of User Participation
Article 7
1. The User is entitled at any time to uninstall the Programme application or delete all their data from the virtual application form via the menu in the smartphone application. This terminates their participation in the Programme.
2. Participation in the Programme shall also be terminated in case of withdrawal of consent to use personal information, as stated in Article 2 of the General Terms and Conditions.
3. Once the User terminates their participation in the Programme, all the User’s rights stated in the General Terms and Conditions case to exist.
Termination/Cancellation of Participation by Karlovac County
Article 8
1. Karlovac County may cancel/terminate a User’s participation without stating any reason within the notice period of three days or without any prior notice in case of an important reason. Infliction of damage to the honour and reputation of Karlovac County, the Programme and/or Programme partners and infliction of significant damage to the economic interest of Karlovac County, the Programme and/or Programme partners are considered important reasons. Karlovac County shall inform the User of termination of participation by way of a statement sent to the User’s e-mail address.
2. Participation in the Programme shall also be terminated in case Karlovac County denies the User access to the Programme application due to observed unauthorised use of User data, as stated in Article 2 of the General Terms and Conditions.
3. The User undertakes to compensate Karlovac County for any and all damage.
Complaints
Article 9
1. Any complaints, inquiries, and suggestions relating to participation in the Programme and/or use of the Programme application should be sent to Karlovac County at gospodarstvo@kazup.hr.
2. Karlovac County shall respond to complaints related to participation in the Programme and/or use of the Programme application within the legal deadline, while replies to inquiries and suggestions shall be sent within 30 days of receipt of same.
3. All communication with and by Karlovac County shall be conducted in the Croatian language and Latin script, regardless of the choice of language in the Programme application.
Anticorruption Clause
Article 10
1. The User undertakes to observe all the applicable national, European, and international rules, as well as Karlovac County’s applicable policies and procedures relating to ethical and responsible behaviour standards, including, without limitation, those involving human rights, environment protection, sustainable development, integrity, business process harmonisation, and anticorruption.
The User particularly undertakes the following:
• to not provide/offer or take monetary discounts or other acquired benefits to any third legal and/or physical person that would result in privileged treatment or favourable decision if such provision is contrary to the regulations or rules of the receiver and/or if the goal of the provision is to influence decisions and gain unentitled business advantage;
• [to assure] that the User, their owners, and their employees associated with the Programme have not been indicted, charged, or sentenced for criminal acts related to corruption and/or economic crime.
3. To ensure observance of anticorruption rules in the course of application use, the User shall, at the request of Karlovac County, deliver at any time all the elements requested for the purpose of establishment of such harmonisation.
Changes to the General Terms and Conditions
Article 11
1. Karlovac County retains the right to change or cancel the General Terms and Conditions at any time and replace them with new general terms and conditions or not do so, of which it will post a notice on its Internet pages or by way of the Programme application.
2. Changes and amendments to the General Terms and Conditions shall be considered accepted by the User with their first use of the Programme Application following changes to the General Terms and Conditions or unless the User files a complaint within 14 days of their publication on the Karlovac County’s Internet page.
3. If the General Terms and Conditions involve gender-related references, they shall refer to female and male persons as well as to legal persons.
Dispute Resolution
Article 12
1. Karlovac County and the User shall resolve any dispute that may result from interpretation, application, or execution of the General Terms and Conditions in a peaceful manner.
2. Disputes that cannot be resolved in a peaceful manner shall be resolved by a court of jurisdiction in Karlovac.
Applicable Law
Article 13
1. The General Terms and Conditions shall be interpreted in accordance with the valid regulations of the Republic of Croatia.
Final Provisions
Article 14
The General Terms and Conditions apply to all Users.
The General Terms and Conditions come into effect on the day they are adopted.
Karlovac, 20 July 2021
