General Terms and Conditions of Business and the Use of the VisitLjubljana.com Website

I. Introductory provisions

Article 1

These general terms and conditions regulate:

The provider of goods and tourist services through the website is the TOURISM LJUBLJANA public institute:

A buyer is any legal entity or natural person that has entered into a contract for the purchase of goods or a contract for the provision of tourist services with the provider through the website or in any other manner (hereinafter referred to as the “buyer”).

A user is any legal entity or natural person that uses or visits the website (hereinafter referred to as the “user”).

Unless expressly specified otherwise, all the provisions of these general terms and conditions relating or referring to users also apply to buyers.

II. Validity, adoption and application of the general terms and conditions

Article 2

These general terms and conditions apply to the user’s first and each subsequent visit.

These general terms and conditions also apply to buyers who purchase goods or tourist services from the provider and constitute an integral part of the contract between the provider and the buyer.

By using the website, the user confirms that they accept and fully agree to all the provisions of these general terms and conditions and are conversant with the Privacy and Cookie Policy.

The user is conversant with and accepts the fact that certain tourist services may also be subject to the general terms and conditions or contractual provisions of third parties in addition to these general terms and conditions, of which the provider shall always specifically inform the user.

Article 3

The provider reserves the right to modify any provision of these general terms and conditions or any provision of the Privacy and Cookie Policy at any time without prior notice.

III. Entry into contracts and methods of payment

Article 4

When the buyer purchases goods from the provider through the website, the sales contract is considered concluded when the buyer receives a confirmation e-mail from the provider.

When the user purchases tourist services from the provider through the website, the sales contract is considered concluded when the user receives a confirmation e-mail from the provider. The provider reserves the right to check within 24 hours of receiving an order whether it will be possible to provide the purchased tourist services and either confirm the purchase or inform the user that the purchased tourist services cannot be provided. If the provider does not send any notice to the user within 24 hours of the submission of the order, it will be considered that the tourist services cannot be provided and the user and the provider will not enter into any contract.

At any time during the website purchase process, the buyer can return to the previous step and correct any errors before the final submission of the order.

The provider shall not store the text of any contract with the buyer.

Contracts may be made in Slovenian, English, German, Italian, French, Croatian or Serbian.

Article 5

Unless expressly specified otherwise, all the prices given on the website are in euros (€) and include value added tax (VAT).

The buyer agrees that the provider may issue invoices for goods and tourist services purchased by the buyer only in electronic form and send the invoices to the buyer by e-mail or by another means of electronic communication.

Article 6

The buyer may pay for the provider’s services using a credit card.

If the buyer withdraws from their contract with the provider in accordance with the law or these general terms and conditions or if the ordered tourist services cannot be provided and the buyer’s credit card has already been charged for the price of the goods or tourist services, the provider will refund the paid amount to the credit card or reimburse the buyer for the amount in another manner.

The provider does not collect any numbers and other data relating to credit cards that are submitted by the buyer through the website. This data is only collected by the credit card payment service providers.

The buyer shall take all reasonable precautions when making credit card payments on the website to protect the safety elements of the credit card that enable the identification of the card holder.

The buyer shall immediately inform the provider and their payment service provider in case of any suspected or actual misuse of their credit card that is related to a payment made through the website.

In accordance with the Payment Services and Systems Act, the buyer may address any requests in relation to the misuse of their credit card to their payment service provider. The provider cannot be held liable for any damages incurred by the user due to the misuse of their credit card.

IV. Right of withdrawal from contracts

Article 7

The buyer, who is a consumer, may withdraw from any contract with the provider based on the purchase of goods through the website within 14 days of the purchase. To withdraw from a contract, the buyer must only inform the provider that they wish to withdraw, without having to specify their reason for withdrawal.

The 14-day period from the preceding paragraph begins on the date of the buyer’s receipt of the purchased goods.
The buyer shall return the goods that are the subject of the contract from which they have withdrawn to the provider within 14 days of their withdrawal from the contract. The buyer shall bear the shipping costs.

The buyer will be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

After receiving the buyer’s notice of withdrawal, the provider shall issue a request to the bank within 24 hours at the latest to return all the payments received for the goods that are the subject of the contract from which the buyer has withdrawn, provided that the provider has received the goods back within this time or the buyer has submitted proof that the goods have been sent to the provider within this time. When the funds will actually be refunded to the buyer depends on the policy of the bank.

In accordance with the provisions if item 12 of paragraph 5 of Article 43.c of the Consumer Protection Act, the buyer may not withdraw from their contract with the provider for the purchase of a “Ljubljana Card”.

The provisions of this article do not apply to tourist services.

V. Copyrights and other intellectual property rights

Article 8

All the content on the website, regardless of its form (text, pictures, video clips, audio clips, etc.), is copyrighted. The holder of all the material copyrights for the content published on the website is the provider and/or the person expressly specified as the holder of a given item of content.

The content published on the website may not be used in any manner and for any purpose other than for viewing by the user without the express written permission of the provider. Any misuse may constitute an offence for which the user may be subject to material liability.

The user may not modify or tamper with the copyright works from the preceding paragraphs of this article or transfer the copyrights to these works to third parties without the express written permission of the provider or without an agreement between the provider and the user.
VI. Limitation and exclusion of liability

Article 9

The provider does not provide any guarantee that the content published on the website is accurate, complete and correct and cannot be held liable for any damages incurred by the user as a result of relying on the published content.

The provider does not provide any guarantee as to the functioning or accessibility of the website and cannot be held liable for any damages incurred by the user by the user as a result of the inaccessibility, non-functioning or incorrect functioning of the website.

The provider cannot be held liable for any damage caused to the user’s hardware, software or other equipment as a result of the use of the website. The user shall ensure the adequate protection of the equipment used to access the website (antivirus software, etc.).

The user shall ensure the security and confidentiality of the data used to log into the website (username and password). Should the user suspect that their login credentials have been used by an unauthorised third party or that the credentials were disclosed without authorisation, the user shall immediately inform the provider. The provider cannot be held liable for any damages incurred by the user due to the unauthorised disclosure or use of their login credentials.

VII. Final provisions

Article 10

Communications between the user and the provider are only considered valid if sent in the form of an e-mail to the appropriate e-mail address; the address used for e-mails to the provider is shop@visitljubljana.si and the address used for e-mails to the user is the address specified by the user upon registration on the website or communicated to the provider in another manner.

Messages are considered received when they are received by the counterparty. Messages are also considered received if they are not received by the counterparty but the sending party can prove that they sent the message in accordance with paragraph 1 of this article, in which case the message is considered received on the day following the day on which the message was sent.

Article 11

The relationship between the provider and the user is subject to the law of the Republic of Slovenia, without the application of the rules governing substance and procedure in private international law. Any disputes between the parties will be resolved before the competent court with jurisdiction over the registered office of the provider.

Article 12

These general terms and conditions enter into force on 1 June 2013.