General terms and conditions of business
These pages, the content and structure of these pages and the online accommodation reservation service (including payment processing) offered by us through these pages and this website are the property of Dalmatia2Go, are operated and provided by MAGICLINE and are available for your private and non-commercial (B2C) use only, according to the terms and conditions below. The relationship we have with the tour operators is also governed by these terms and conditions. Every travel supplier acts in a professional way towards Dalmatia2Go when he makes his product and/or service available on or through Dalmatia2Go (both business-to-business (“B2B”) and business-to-consumer (“B2C”) relationships). Please note that the travel provider may have its own terms and conditions (for delivery/carriage/use) as well as terms and conditions for the use, access and completion of the trip (which may include certain disclaimers and limitations of liability), declared applicable and/or (the acceptance thereof) required – in addition to the guidelines and small print as disclosed on the website.
“Dalmatia2Go”, “us”, “we” or “our” is MAGICLINE, a sole proprietorship governed by Swiss law and located at Grubenstrasse 3, 4222 Zwingen, Switzerland.
The “Platform” is the (mobile) website on which the travel service owned, managed, maintained and/or hosted by Dalmatia2Go and controlled by MAGICLINE is made available.
Travel” means the various travel products and services that you may order, acquire, purchase, pay for, rent, provide, reserve, combine or consummate from the Travel Providers. “Travel Providers” means the accommodation provider (e.g. a hotel, motel, flat, bed & breakfast), attractions (e.g. (theme) parks, museums, city tours), transport providers (e.g. car rental, boat trips, train and bus tours, (airport) transfers), tour guides, insurance and any other travel or similar products or services provided on the Platform.
“Travel Booking” means the ordering, purchase, payment, booking or reservation of a Trip.
1. scope and nature of our services
Through this platform we (Dalmatia2Go and its affiliate (sales) partners) provide an online platform through which travel suppliers, in their professional capacity (i.e. B2B or B2C), can advertise, market, sell and/or offer to order, purchase, reserve and rent (if applicable) their products and services and through which relevant visitors of this platform can discover, search, compare and make an order, reservation, purchase or payment (i.e. the travel service). By using the Travel Service (e.g. by making a booking through the Travel Supplier), you enter into a direct (legally binding) contractual relationship with the Travel Supplier, where you make a booking or purchase a product or service (if applicable). From the time of your travel booking, we act exclusively as an intermediary between you and the travel provider, who forwards the details of your booking to the respective travel provider and sends you a confirmation e-mail on behalf and in the name of the travel provider. Dalmatia2Go does not sell, rent or offer any (travel) products or services.
The information we use to provide our travel services is based on the information provided to us by the travel providers. The travel providers who market and advertise their trips on our platform have access to our systems and the extranet and are therefore solely responsible for ensuring that the rates/fees/prices, availability, guidelines and terms and conditions and other important information listed on our website are constantly updated. Although we take great care and diligence in the performance of our travel services, we cannot verify or warrant that all information is accurate, correct and complete, nor can we be held responsible for errors (including obvious mistakes or typographical errors), interruptions (due to temporary and/or partial failure, repair, update or maintenance of our website or for any other reason), inaccurate, misleading or untrue information or failure to transmit the information. Each travel provider remains responsible for the accuracy, completeness and correctness of the (descriptive) information (including rates/prices/fees, policies & terms and conditions and availability) on our website at all times. Our website does not constitute and should not be construed as a recommendation or confirmation of the quality, service level, qualification or classification (stars) of any available travel provider (or its equipment, venues, vehicles, (main or auxiliary) products or services, unless explicitly stated otherwise.
Our travel services are only available for private and non-commercial use. Therefore, you are not permitted to distribute content or information, software, products or services available on our website for commercial or competitive purposes, to link to sub-pages of websites, to use, copy, extract (for example with spider, scrape), republish, upload or reproduce.
2. data protection
Provisions on data protection and cookies can be found on our website and comply with the EU’s DSGVO.
3. free of charge for consumers, only travel providers pay!
Unless otherwise stated, our services are free of charge for consumers, because unlike many other providers, we will not charge you for our travel service and no additional (booking) fees will be charged. You will pay the applicable amount to the travel provider as stated in the booking (and, if not already included in the price, any applicable taxes, duties and fees (if applicable)).
Travel providers pay a commission (a small percentage of the product price (e.g. room price)) to Dalmatia2Go, when the product is reserved. Travel providers can increase their placement by increasing their commission (increase visibility). The use of “increase visibility” (increase commission for increased placement in search results) is at the discretion of each travel supplier and may be used from time to time for different products offered. The placement algorithm takes into account an increase in commission in the default placement setting. Preferred partners pay a higher commission and in return receive a better position in the search results.
Dalmatia2Go is not an open platform (like Amazon or eBay) where end users can make their products available (not a C2C platform; Dalmatia2Go does not allow unprofessional parties to offer or sell their products on or through Dalmatia2Go.
4. credit card or bank transfer
Where appropriate and where available, some travel suppliers offer travel bookings with payment (of all or part of the amount (in accordance with the travel supplier’s payment policies) to the travel supplier. Payment is made during the booking process by means of a secure online payment (as part of the service offered by your bank). For certain products and services Dalmatia2Go (via independent payment providers) processes the payment of the corresponding product or service (i.e. payment processing service) for and on behalf of the travel provider (Dalmatia2Go never acts as a contractor). The payment process is secure from your credit/debit card or bank account through an external payment processor to the travel supplier’s bank account. Any payment processed for and on behalf of the travel provider and transferred to the travel provider is always the booking price or part of the booking price you pay for the relevant product or service in the final invoice of the (partially) due and payable price. This amount paid cannot be recovered from you.
Please note that certain (non-refundable) prices or offers require immediate payment by bank transfer (where possible) or credit card at the time of booking, and therefore may require pre-authorization or a charge to your credit card (sometimes without the possibility of a refund). Please check the details of the selected product/service carefully for any special terms and conditions before making the travel booking and before confirming it. Dalmatia2Go is not responsible or liable for any (justified, (allegedly) unjustified or incorrect) charge by the travel provider and you cannot (re)claim a valid or justified charge by the travel provider on your credit card (including for prepayments, no-show and payable cancellations).
In case of credit card fraud or misuse of your credit card by third parties, most banks and credit card companies bear the risk and cover all costs resulting from fraud or misuse, sometimes with an excess (usually EUR 50 (or its equivalent in another currency)).
5. advance payment, cancellation, no-show and small print
By booking your travel with a travel provider, you accept the travel provider’s terms and conditions with regard to cancellations and no-shows as well as all additional (delivery) terms and conditions of the travel provider that may come into effect with regard to your travel (including the small print provided by the travel provider on our platform and the terms and conditions of the travel provider), including services and/or products offered by the travel provider. You can obtain the specific terms and conditions of a travel provider from the relevant travel provider.
If you wish to check, change or cancel your travel booking, please contact the travel agent. Please note that according to the travel provider’s terms and conditions regarding cancellations, (advance) payment and no-shows, you may be charged a fee or you may not be entitled to a refund of the amount paid (in advance). We recommend that you carefully check the terms and conditions of the tour operator regarding cancellations, (advance) payment and no-shows before booking.
Please remember to make payments on time, as these may be necessary for the reservation.
If you arrive late on the day of arrival or late or not until the next day, please inform the travel agent (promptly/immediately) so that the agent knows when your arrival is expected and to avoid cancellation of your trip (booking) or the calculation of a fee for not arriving.
Our customer service department can assist you in notifying the tour operator if necessary. Dalmatia2Go assumes no liability or responsibility for the consequences of your late arrival or any cancellation or non-arrival fee charged by the tour operator.
6. (Further) communication and correspondence
With the completion of your travel booking you accept the receipt
i) an e-mail that we may send you shortly before your arrival date, providing you with information about your destination and offers (including third party offers if you have chosen this option) relevant to your travel booking and destination; and
(ii) an e-mail after your arrival asking you to evaluate your experience with the tour operator and the travel service; and
Dalmatia2Go assumes no liability or responsibility for any communication from or with the travel provider on or through the platform. You cannot claim any rights from requests, from communication with the travel provider or (any form of) acknowledgement of receipt of a communication or request. Dalmatia2Go cannot guarantee that requests or communications from the travel provider will be read/received/fulfilled/executed/accepted (in a timely manner).
In order to complete your travel booking completely and safely, you must provide your correct e-mail address. We are not responsible or liable for any incorrect or misspelled e-mail addresses or incorrect (mobile) phone or credit card numbers and have no obligation to verify them.
Any claim or complaint against Dalmatia2Go or regarding the travel service must be sent immediately, but in any case within 30 days of the scheduled date of use of the product or service (e.g. check-out date). Any claim or complaint sent after this 30 day period can be rejected and the claimant/claimant loses his right to any (damage or expense) compensation.
Due to the continuous updating and adjustment of prices and availability, we strongly recommend that you take screenshots when booking to support your point of view (if necessary).
For consumers (in the European Economic Area): We recommend that you first inform us about complaints by contacting our customer service department. If this does not resolve your complaint, you can use the European Commission’s platform. You can find this online dispute resolution platform here: http://ec.europe.eu/orr.
7. ranking, preferred program, stars and guest ratings
The star rating of an accommodation displayed on Dalmatia2Go is not determined by Dalmatia2Go. Each accommodation determines its own star rating or it is determined by an independent third party for (objective) star ratings. Offers are displayed based on the number of stars (sorted from low to high or high to low) given by Dalmatia2Go. Depending on the (regional) guidelines and possibilities, the star ratings are either assigned by an (independent) third party, for example an (official) hotel rating organisation, or by the accommodation owner’s own assessment, independent of objective criteria. Dalmatia2Go does not impose any official obligations regarding star ratings and does not review them. Overall, the star rating shows how an accommodation compares to the legal requirements (if applicable) or, if this is not required, to the sector or (usual) industry standard regarding prices, facilities and available services (these requirements and standards may vary from country to country and organisation to organisation).
Only clients who have stayed in an accommodation are invited by Dalmatia2Go to comment on their stay in the accommodation and give an evaluation for certain aspects of their stay or may be asked for an evaluation during their stay. The completed guest evaluation (including the evaluation given during your stay) can be a) uploaded to the relevant information page of the travel operator on our website. This is solely for the purpose of informing (future) guests about the service and further quality of the travel provider. In addition, the completed guest evaluation b) may be used (in whole or in part) (for marketing, advertising or to improve the service) at the discretion of Dalmatia2Go on our website or social media platforms, in the newsletter, for offers, apps and other distribution channels owned, managed, used or controlled by Dalmatia2Go and/or its business partners. In order to provide up-to-date (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (28 days) after the stay, and each review is only available for a limited time (24 months) after it has been posted online. The default ranking of reviews is based on the date they were posted and some other criteria (e.g. language, reviews with comments), but a review from a customer who [always] provides comprehensive and detailed reviews (“Travel Detective”) could be displayed at the top. You can choose different rating categories and filters (e.g. target group, date, language, rating result).
Dalmatia2Go allows tour operators to respond to reviews. We reserve the right to modify, reject or remove any reviews that violate our review guidelines. Dalmatia2Go does not compensate or reward in any way customers who submit reviews. The guest rating form can be considered as a kind of survey and does not contain any other (commercial) offers, invitations or other advertising. Dalmatia2Go does not accept reviews that contain the following:
- obscene, violent, hateful, offensive/pornographic, discriminatory or threatening content
- Mention of full names, personal attacks on employees
- Promotion of illegal activities (e.g. drug abuse, prostitution)
- pages, e-mails and addresses, telephone numbers, credit card details
- Politically sensitive comments
Dalmatia2Go and the travel provider are each entitled to terminate the partnership at any time, for any reason whatsoever (including in case of breach of contract and bankruptcy (filing for bankruptcy)), subject to the appropriate notice period agreed by both parties.
8. exclusion of liability
In accordance with the provisions of these Terms and Conditions and to the extent permitted by law, we will be liable only for direct damages suffered by you as a result of our failure to perform our obligations in relation to our services, but only up to the amount of the deposit paid as indicated on the confirmation email (both one event and a series of related events).
To the fullest extent permitted by law, neither we nor any member of the board of directors, director, employee, agent, subsidiary, affiliate, partner, distributor, affiliate (sales) partner, licensee, agent or other person involved in developing, sponsoring, endorsing or otherwise making available the Site or its Content is liable for
i) obligations to pay damages, concrete or indirect damages as well as consequential damages, loss of performance, loss of profit, loss of income, loss of contract, loss of business reputation, loss of entitlement
ii) inaccuracies in relation to the (descriptive) information (including prices, availability and ratings) about the travel provider as provided on our website
(iii) the services offered or the products of the travel suppliers or other business partners
iv) damages (direct, indirect, consequential or punitive) and losses or costs incurred by you arising out of or in connection with the use, inability to use or delay in using our website; or
v) (personal) injury, death, damage to property or other damage (direct, indirect, specific, consequential or punitive) and losses or costs incurred by you whether these acts, errors, breaches of contract, (gross) negligence, wilful misconduct, omissions, failures to perform, inaccurate representations, unlawful acts or liabilities for success, which (in whole or in part) are attributable to the tour operator or any other of our business partners (its employees, its management, its agents, representatives, subcontractors or affiliates) whose products and services are (directly or indirectly) made available, advertised or offered on or through our website, including (partial) cancellations, overbooking, strikes, force majeure or other events beyond our control.
Dalmatia2Go is not responsible (and disclaims all liability) for the use, validity, quality, suitability, and disclosure of the trip and makes no representations, warranties, or conditions of any kind, including implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose.
You acknowledge and agree that the respective travel provider is solely responsible and liable for the travel offer (including any guarantees and statements made by the travel provider). Dalmatia2Go is not a (re)seller of the trip. Complaints or claims regarding the trip (including regarding the offered price (special offer), policy or special requests from customers) must be handled by the travel provider. Dalmatia2Go is not responsible (and disclaims any liability) for any complaints, claims or (product) liabilities.
You acknowledge and agree that in all cases, the tour operator is responsible for collecting, withholding, paying and paying to the appropriate taxing authority the taxes applicable to the total price (of the tour), whether you pay (or have paid) the tour directly or we handle the payment of the price or fee (of the tour). Dalmatia2Go is not liable or responsible for collecting, withholding, remitting and paying the taxes applicable to the price or fee (of the trip) to the appropriate tax authority. Dalmatia2Go does not act as a contractor for any products or services offered on the platform.
By uploading photos/images on our site (e.g. as an addition to ratings) you acknowledge, guarantee and agree that you own the copyright to these photos/images. You further agree that Dalmatia2Go may use the uploaded photos/images on its (mobile) website and for (online/offline) promotional material and publications at the discretion of Dalmatia2Go. You grant Dalmatia2Go a non-exclusive, worldwide, irrevocable, irrevocable, unrestricted, perpetual right and license to use, reproduce, display, distribute, sublicense, communicate and make available the photos/images at Dalmatia2Go’s discretion. By uploading these photos/images, the person uploading the images acknowledges full legal and moral responsibility for any legal claims by third parties (including, but not limited to, accommodation owners) resulting from Dalmatia2Go’s use or publication of these photos/images.
Dalmatia2Go does not own or support any of the uploaded photos/images. The accuracy, validity and right to use all of these photos/pictures is the responsibility of the person who uploaded the photo and is not the responsibility of Dalmatia2Go. Dalmatia2Go excludes any responsibility or liability for the uploaded photos. The person who uploaded the photo guarantees that the photos/pictures do not contain any viruses, trojans, infected files, pornographic, illegal, obscene, offensive, illegal or inappropriate material and do not violate any rights (intellectual property rights, copyrights, privacy rights) of third parties. Photos/pictures that do not meet the above mentioned criteria will not be published and/or can be removed/deleted by Dalmatia2Go at any time without prior notice.
9. intellectual property
Unless otherwise stated, the software used for and available on our services or platform, and the intellectual property (including copyrights) in the content and applications on our platform are owned by Dalmatia2Go, its travel suppliers or vendors.
Dalmatia2Go has the exclusive property right to all rights, titles and claims of use (the entire intellectual property) (the look and feel (including infrastructure)) of the platform through which the service is available (including guest reviews and translated content). You are not allowed to copy, scrape, link (by hyper- or deeplinks), publish, market, integrate, refer, use, connect or otherwise use any content or the Dalmatia2Go brand (including any translations and guest reviews) without our explicit written permission. If you use or connect our (translated) content (including guest reviews) (in whole or in part), or if you have any form of intellectual property rights in the platform or any (translated) content (including guest reviews), you assign and transfer them to Dalmatia2Go. Any unlawful use and any of the above mentioned actions or conduct constitutes a material breach of our intellectual property rights (including copyright and database copyright).
10. applicable law, jurisdiction and dispute resolution
These T&Cs and the provision of our Services shall be governed by and construed in accordance with Swiss law. Notwithstanding the foregoing choice of jurisdiction, a natural person who uses our Services for a purpose that is outside his or her trade, business or profession (hereinafter also referred to as “Consumer”) may invoke the mandatory provisions of the law of the country in which he or she has his or her habitual residence (i.e. provisions that must apply in accordance with the choice of law of the said country, irrespective of this choice of law clause; hereinafter “mandatory provisions”). All disputes arising out of these TOS and our Services shall be brought exclusively before the competent courts in Bern, Switzerland. Notwithstanding the foregoing agreement on jurisdiction, actions brought by a consumer with respect to the enforcement of the relevant applicable Must Provisions may also be brought in the courts of the state in which the consumer is domiciled and actions brought against a consumer may only be brought in the courts of the state in which the consumer is domiciled. For consumers (in the European Economic Area): We recommend that you first inform us of any complaints by contacting our customer service. If this does not resolve your complaint, you can upload it via the European Commission’s ODR platform. You can find this online dispute resolution platform here: http://ec.europa.eu/odr.
If one of the provisions of this contract is or becomes invalid, unenforceable or non-binding, all other provisions applicable to the contracting parties shall remain unaffected. In such a case, the contracting parties shall replace the invalid or non-binding provision within the scope of the statutory provisions by a valid and binding provision which, in view of the content and purpose of this Agreement, shall, as far as possible, have a similar effect to the invalid, unenforceable or non-binding provision.
11. about Dalmatia2Go and the support companies
The Service is provided by MAGICLINE., a sole proprietorship, Swiss jurisdiction and registered office at Grubenstrasse 3, 4222 Zwingen, Switzerland.
MAGICLINE, headquartered in Zwingen, Switzerland, is supported by numerous partner support companies worldwide. The support companies serve exclusively for internal support in favour of Dalmatia2Go. Certain support companies offer a limited customer service (exclusively by telephone). The support companies do not own a platform (and do not operate, control or maintain the platform in any way). The support companies have no power of attorney to provide the service, represent Dalmatia2Go or enter into a contract in the name of, for or on behalf of Dalmatia2Go. The support companies neither operate as process and travel service agents of Dalmatia2Go nor are they authorized to do so. Except for the registered office in Zwingen, Dalmatia2Go does not accept any seat in any place or office in the world (this includes the offices of the support companies).