Last updated: July 30, 2025
These Terms and Conditions ("Terms") are a binding legal agreement between you and OtoTrak d.o.o., Žlibina 18, 51262 Kraljevica, OIB: 44754487909, tel. +385912365365, e-mail: support@365.tours; entered into the Court Registry of the Commercial Court in Rijeka under registry number 040372098 ("Company", or "We", or "Us" or "Our") that govern your right to use our website hosted at the domain https://365.tours and its subdomains, as well as all connected offerings (collectively "Platform").
Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Platform, to the extent not otherwise regulated under specific terms with them (such as our Partners). Please read these Terms carefully before using Our Platform.
By accessing or using the Platform You agree to be bound by these Terms. If You disagree with any part of these Terms then do not continue in using Our Platform.
Your access to and use of the Platform is also conditioned on Your acknowledgement with our Privacy Policy. Our Privacy Policy provides you with information regarding the collection, use and processing of Your personal information when You use the Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Platform.
Our Platform offers an online venue for persons accessing our Website to publish, offer, search or make reservation for services ("User", or "You", or "Your"). Users that access, or use Our Platform to search or make reservation/ book for sport and/or leisure activities, excursions, events or related activities ("Service" or "Services") are Clients ("Client" or "Clients"), whereas Users who use the Platform to offer and publish their sport, leisure and related activities which they provide are our Partners, i.e. Service Providers ("Service Provider" or "Service Providers"). Please note that the contract for providing Services is entered into between each Service Provider and Client. We are not a contracting party for any of the booked Services and do not influence on the contract entered between You and Service Providers. We provide and are responsible for the Platform, but not the Service(s) itself. However, this does not influence potential liability that may derive from the European Union acquis or national law, if applicable for Us, as the providers of the Platform.
For Service Providers in addition to the Terms also the applicable terms of Partnership Agreement apply, which can be accessed within the process of registration as a Service Provider, i.e. Partner on our Platform.
In order to access and use the features of the Platform, Clients can, but do not have the obligation to register/ log into their account, in order to provide them with a more friendly user experience (such as reviewing of your recent orders etc,). If Clients opt to create and log into their account, they have the obligation to keep their account information accurate at all times. If You opt-in for registering and creating Your Account ("Account"), You will have access to the Platform functionalities that We may establish and maintain or otherwise modify from time to time in accordance to these Terms and any other applicable Terms agreed between You and Us. We may add, delete or change some or all of the Services offered in line with Terms applicable for Your using of the Platform.
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
In case of a material breach of these Terms by You, We reserve the right to terminate Your access to the Platform at Our sole discretion and without any liability to You, including deactivate Your Account or remove any related information and data in Your Account as well as Your Content in the greatest extent permitted by applicable law.
In order to publish and offer their Services on the Platform, Service Providers have the obligation to first register as a “Partner” on the Platform and are invited to contact us directly through by email: support@365.tours.
We offer the Platform and enable you to use it and access its content under this Terms. The Platform enables Clients to search and book Services offered by Service Providers. On the other hand, the Platform enables registered Service Providers to offer and publish one or more Activities for booking through the Platform. Based on their confirmations, Service Providers are traders and are either qualified or authorized providers or persons otherwise eligible by applicable law to arrange or enter into the agreement for provision of Services directly with you.
After you obtain confirmation that your payment was successful, you are entering into a contract directly with the Service Provider for the chosen Service at the selected date and time. Therefore, we are not a party to or other participant in any contractual relationship between You and the Service Provider. We do not make any recommendations or endorsements of Service Providers, their Activities or other Users. Transactions are only binding among the Service Providers and Clients concerned, who are both solely responsible for their performance. We disclaim all liability arising from or in connection with such transactions.
Although we do our best to ensure both You and the Service Providers have great experience using Our Platform, we do not and cannot control the conduct or performance of the Clients or Service Providers. We may perform quality reviews from time to time, but we assume no liability in respect of the characteristics of any Service offered by the Service Provider and cannot be held liable for its existence, quality, safety or suitability of any Service Provider Activity or the truth or accuracy of any descriptions or other content provided by Your or the Service Provider.
All materials such as text, photos and other documents and information published, uploaded on or transmitted through the Platform (collectively “Content”) as well as any other information uploaded or otherwise provided to Us is the sole responsibility of the entity publishing/ providing such Content. By providing and/ or publishing such Content, the User confirms and warrants that such Content does not infringe any copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy; violate any law or regulation; is not defamatory or obscene; and does not include incomplete, false or inaccurate information or contain any viruses, worms, Trojan horses, or other computer programming malwares that are intended to damage any system, information or personal data. It is explicitly prohibited to transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, meaning We are allowed to use it on our Platform in relation to further commercial purposes (including in a promotional context), everywhere, without any time limit. If you provide us with information We should no longer use it, we will consider any such reasonable request, as well as (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person and (iii) you accept full responsibility for any legal claims against Us related to it.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and thus to refuse or remove such Content. The Company further reserves the right to make reasonable formatting and edits and change the manner any Content is visible to the Users. As the Company cannot control all Content posted by Users and/or third parties on the Platform, you agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. Therefore, We reserve the right to take any action with respect to the Content, including disable access to, remove, or edit it if we believe that it may create a liability for Us or may cause Us to lose the services of our Partners or affiliates, as well as for reasons of:
Where we remove or disable Content, we will notify User and/ or Service Provider concerned and generally provide the reasons for such a measure, unless such notification would contravene applicable laws; or negatively impact on the prevention or detection of fraud or other illegal activities; or otherwise possibly harm Ours, or the legitimate interests of other Users or Service Providers or third parties.
In accordance with Regulation (EU) 2022/2065 (Digital Services Act), the Company has the obligation to moderate the content of the Website in a manner that ensures the removal of any illegal content that may appear.
The term "illegal content" may include any information, regardless of its form, which is considered illegal per se under applicable European Union or national law—such as illegal hate speech, terrorist content, or unlawful discriminatory material—or which is deemed illegal under applicable rules due to its association with unlawful activities. Examples of such activities include:
The Company may remove illegal content:
When removing or moderating content, Company does not rely on automated decision-making systems; all moderation decisions are made exclusively by human reviewers.
The Company publishes annual transparency reports on content moderation for the preceding period. These reports may include information such as the number of orders received from competent authorities and data on content moderation undertaken at Company's own initiative.
As the Company provides access to the Content and is acting as a Platform for providing connectivity between Users and Service Providers, the Company disclaims all liability related to Content posted on the Platform. The Company does not undertake any obligation to control the Content that is posted. The information on the Platform may be inaccurate and may be mislabelled or not designated correctly. In this respect, all Users of the Platform acknowledge that the Company does not make any representation or warranty, express or implied, as to the completeness and accuracy of any Content. All Users are recommended to individually acquaint themselves with any terms governing the services of Service Providers any details of their specific offers published as Service and verify it.
We have enabled Users of Our Platform to report content they consider to be illegal or contrary to these Terms. Reports can be submitted through the following link: notice and action mechanism, which is available to all Users.
Any notice received concerning such content will be reviewed without undue delay and in accordance with the provisions of Regulation (EU) 2022/2065 (Digital Services Act).
We will, without undue delay, notify the User or Service Providers or any entity that has submitted the notice of our decision in respect of the information to which the notice relates, providing information on the possibilities for redress in respect of that decision (where the relevant electronic contact details are available to Us)
This decision will include a clear and specific statement of reasons to any affected recipients of the service (in line with the Digital Services Act) for any of the following restrictions imposed on the ground that the information provided is illegal content or incompatible with these Terms:
If you disagree with a decision we make in this context, you may contact us at info@ototrak.com.
Additionally, if we become aware—through our own review—of any content that is illegal or contrary to these Terms, we will moderate such content in accordance with these Terms.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.
Where applicable for the Activity, we show the applicable rating based on the Client's ratings who effectively placed their Order through the Platform. Each rating score is between 1-5, whereas we provide the overall score that you see, by adding up all the rating scores we have received and dividing it that total by the number of rating scores we have received.
You can rate the Activity for which you have placed Your Order through our Platform and effectuated the Activity with the Service Provider. If you want to review the ratings you have already submitted, please contact us.
Users and Service Providers, as applicable, are hereby granted a non-exclusive, limited and revocable right to access the Platform and publish and/ or promote activities and related services and/or reservations through the Platform in line with these Terms. Any other use of the Platform, or any use contrary to this Terms is expressly prohibited.
User(s) and/ or Service Provider(s) agree that by posting or uploading Content on the Platform, concerned User and/ or Service Provider grants us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, modify, distribute said Content, and to grant and authorize sublicenses of the foregoing. By posting Content on the Platform, User represents and warrants that concerned User has the right and grants Us, an irrevocable, royalty-free, perpetual, non-exclusive, no-charge, worldwide license to use, copy, perform, display, adapt, modify, distribute such Content, and to grant and authorize sublicenses of the foregoing. By posting Content, User concerned automatically grants Us all rights necessary and/ or useful to prohibit any subsequent aggregation, display, copying or exploitation of Content by any party for any purpose.
For the purposes of the Platform, we are not a travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. We do not act as an agent in any capacity for any User or Service Provider.
The ranking of the Activities offered by any Service Provider in search results on Our Platform depends on a variety of factors, including the following main parameters:
By making a reservation request through the Platform, You warrant that You are at least 18 years old and legally capable of entering into binding contracts.
If the Client wishes to make a reservation for any of the Service Provider Activity ("Order"), the Client may be asked by our third party payment processor to supply certain information relevant including, without limitation, name, email, Client's credit card number, the expiration date of Client's credit card, CVV number of credit card for the purpose of effectuating payment through our third party payment processor. Our payment processor is Stripe, Inc., a licensed and regulated payment services provider, or any other payment processor, whereon we will duly notify our Clients and Partners.
By making the payment through third party payment processor, the Client represents and warrants that: (i) the Client has the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information the Client supplies is true, correct and complete. After the payment is confirmed by Our third party payment processor, the agreement on provision of the Activity is entered into between the Client and the Service Provider. Any cancellations and modifications of the Order are set out in line with the applicable law and the Service Provider's cancellation's policy for the relevant Activity which the Client should read and understand prior to making the payment. Generally, the Service Provider is entitled to cancel your Order only on grounds in line with applicable law, whereby you will be provided with either the refund or another offer to use the Activity of that Service Provider, all in line with the relevant Service Provider's terms and applicable Cancellation policy in line with the applicable law. Currently, Service Providers may opt from one of the following Cancellation options, which is shown and agreed between you and the Service Provider in the Service activity description. These options are:
The Client and the Service Provider are responsible for any modifications of the Order made. All amendments or cancellations of the Order have to be made through the Platform. If the Client would like any additional information or clarification, the Client can also contact Us via any of the channels listed below under “Contact us section” and We will do our best to provide our assistance. In addition, any Order may be cancelled if there is a reasonable suspect of fraud or an unauthorized or illegal transaction.
All Orders are subject to a one-time payment. Payment can be made through various payment methods available through our third party payment processor, including Visa, MasterCard, Maestro, Diners, American Express cards or other online payment methods (Google Pay for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If the third party payment processor does not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
For more information on collection and processing of your personal data, please refer to our Privacy Policy.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@365.tours and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
If and to the extent applicable, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
In which ever case you find it necessary with respect to protection of intellectual property rights, You can always contact our copyright agent via email at dmca@365.tours. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Republic of Croatia and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
To the largest extent permitted by the applicable law, and in line with our Privacy notice, You assign all rights, title and interest in any feedback, Content You provide to Us. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account at any time for good cause or if you violate these Terms or in some other way continuously disrupt the operation of Our Platform.
In addition, We have the right to stop you from making any Orders, or cancel any Orders you have made, and/or to prevent you from using our Platform, and/or your Account. Needless to say, we will only do this if in Our opinion there is a good reasons, such as: (i) fraud or abuse; or (ii) non-compliance with applicable laws or regulations or this Terms; or (iii) inappropriate or unlawful behaviour (e.g. violence, threats, invasion of privacy) in relation to or which may be connected to Us or our affiliates and customers. If this results in cancelling your Order, you might not be entitled to a refund. We may tell you why we cancelled your Order, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. Please contact Us for more information.
We will provide you with a prior notice of termination, as well as notice containing reasons for any effectuated termination whenever reasonably possible and in accordance with applicable law. Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform, or delete your Account.
Notwithstanding any damages that You might incur, any User of the Platform agrees that any legal action, remedy or liability that You seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against other particular User or Service Provider or other third parties who caused harm at the exclusion of the Company to the fullest extent permitted by applicable law.
Any User and/ or Service Provider will indemnify the Company including its employees, officers, representatives, agents, subsidiaries, successors and connected entities against any liability, damage, loss, claim, cost or expense including legal fees and costs suffered by the Company, arising from or in connection with infringement in or by any of the Content or actions/ and or omissions of such User or of any third party rights in connection with the Platform. This includes any damage, loss, claim, cost or other expense suffered by any User or Service Provider relating to Content, as well as Service offered on the Platform.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Republic of Croatia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Platform to the extent that such law is not overridden by the respective applicable mandatory law.
Insofar as permitted by applicable law, any dispute or claim that arises out of or relates to these Terms including but not limited to non-contractual disputes, claims and their interpretation are subject to the jurisdiction of the Croatian courts. Place of jurisdiction is Rijeka, Croatia.
Consumer's rights governed by the regulations that are harmonized with the European Union acquis do not apply to the concluded contract when the third party offering the Service is not a trader.
Your use of the Platform may also be subject to other local, state, national, or international laws.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You have any concern or dispute about the Platform, You are always asked and agree to first try to resolve the dispute informally by contacting the Company.
If you're a resident of the European Economic Area and are not satisfied with the way the Company has handled your complaint, You may be able to complain via the European Commission's ODR (Online Dispute Resolution) platform (ec.europa.eu/odr).
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time, as well as to cease the provision of the Platform. If a revision to the Terms is material We will make reasonable efforts to provide You at least 30 days' notice prior to any new terms taking effect.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform.
If you have any questions about these Terms and Conditions, You can contact us:
By email: support@365.tours
By visiting this page on our website: https://365.tours/contact-us