Terms and conditions | Njuškalo Tourism

Terms and Conditions of Using Njuškalo Portal for Accommodation Establishment Booking Services on Njuškalo Portal

1. Introductory Terms

1.1 These Terms and Conditions of Using Njuškalo Portal for Accommodation Establishment Booking Services on Njuškalo Portal (hereinafter: “Terms and Conditions”) define the manner and terms and conditions under which Njuškalo Portal Users may book accommodation in accommodation establishments advertised by Accommodation Providers on Njuškalo Portal.

1.2 These Terms and Conditions do not replace the Terms and Conditions of Use available on www.njuskalo.hr, but always apply together with them. In the event of conflict between the Terms and Conditions of Use on www.njuskalo.hr and these Terms and Conditions, these Terms and Conditions shall prevail.

1.3 Njuškalo does not provide accommodation services or any other services at Accommodation Establishments and it is not in any way responsible for the provision of Accommodation Establishments Services. Njuškalo provides only the service of using Njuškalo Portal for booking Accommodation Establishment Services (hereinafter: “Njuškalo Service”) under the conditions and in the manner defined in these Terms and Conditions. Njuškalo does not define the terms and conditions of the Agreement on Providing Accommodation Establishment Services and, in particular, it is not responsible for the deadlines, payments and/or returns agreed directly between the Accommodation Provider and Booking Service User. When booking Accommodation Establishment Services, the Booking Service User must comply with the terms and conditions accepted by concluding the Agreement.

1.4 Njuškalo is the exclusive authorised provider of services available on the turizam.njuskalo.hr website, which allows users to use the services and content available on Njuškalo Portal in accordance with the Agreement and General Terms and Conditions of Use as well as to use customer support services. Njuškalo provides said functions in collaboration with the partner company Styria digital marketplaces, d.o.o., Verovškova ulica 55, Ljubljana, Slovenia by allowing users of both service providers to post ads on both portals at any time, with these Terms and Conditions being applied as appropriate. This function represents the purpose of providing the services, which has been determined jointly by the services providers.

2. Definitions

2.1 When written in capital letters, the terms defined in this Article shall have the following meaning in these Terms and Conditions:

Agency	a travel agency or another authorised person who is a registered User and has concluded the Agreement on behalf of the Accommodation Provider in accordance with the Act on the Provision of Tourism Services, Hospitality and Catering Industry Act and other applicable laws and subordinate legislation, as they may be amended from time to time.
Accommodation Establishment Service Price	means the total price of Accommodation Unit Services at the Accommodation Establishment indicated to the Booking Service User when making a Booking on Njuškalo Portal based on selected parameters (period, capacity, number of persons, etc.), including all taxes, charges and other fees paid for Accommodation Establishment Services.
Additional Deposit	amounts required by the Accommodation Provider in addition to the Deposit payable by the Booking Service User via Njuškalo Portal at the moment of making a Booking, which is required to complete and validate a confirmed Booking.
Guest	any natural person entitled to use Accommodation Unit Services at the Accommodation Establishment on Njuškalo Portal based on a confirmed Booking.
Accommodation Provider	a legal entity or a natural person who is a registered User advertising an Accommodation Unit at an Accommodation Establishment in Njuškalo’s system on the Tourism portal. If the Agreement is concluded by a travel agency or another authorised person on behalf of the Accommodation Provider, the term “Accommodation Provider” will refer both to the agency or another authorised person as appropriate, jointly referred to as “Agency”.

User	any person using Njuškalo Portal to book Accommodation Unit Services at an Accommodation Establishment.


Njuškalo	Njuškalo d.o.o., VAT: 94718723416, Zagreb, Miroslava Miholića 2
Njuškalo Portal	represents the services and content available on the Tourism portal, a website on the turizam.njuskalo.hr internet address which is owned by Njuškalo. Njuškalo Portal includes Njuškalo tourism services at turizam.njuskalo.hr and at Bolha portal, www.bolha.com, which is owned by Styria digital marketplaces, d.o.o., Verovškova ulica 55, Ljubljana, Slovenia as a partner company.

Deposit	an amount that the Booking Service User must pay to make a Booking, which represents Njuškalo’s fee and a Deposit paid to the Accommodation Provider, equal to an agreed percentage of the Accommodation Establishment Unit Price, which the Accommodation Provider cedes to Njuškalo in order to fulfil its obligation to pay a fee for using the Njuškalo Service. After a Booking has been confirmed, the Accommodation Provider may require the Booking Service User to pay an Additional Deposit for booking validation purposes, in accordance with Article 6 of the General Terms and Conditions.

Consumer	any Booking Service User who is a natural person and acts outside of his/her commercial, business, sole proprietorship or professional activities.
Payment Gateway	means Njuškalo’s contractual partner’s payment gateway integrated into Njuškalo Portal, which the Booking Service User uses to pay a Deposit to make a Booking.
Double-Booking	means either the full or partial inability to provide Accommodation Unit Services at an Accommodation Establishment for which a Booking has been confirmed due to the unavailability of the Accommodation Unit for which a Booking has been confirmed.
Booking	refers to the selection of available booking dates by the Booking Service User via Njuškalo Portal for the purpose of concluding an agreement on the provision of services at the Accommodation Provider’s Establishment Unit specified in the booking form.
Booking Confirmation	a notice issued by Njuškalo to the User after completing the payment of a Deposit, where the Accommodation Provider reserves the right to cancel the Booking in case of failure to pay an Additional Deposit or in other specific cases.
Accommodation Establishment	means a hospitality establishment advertised by the Accommodation Provider on Njuškalo Portal, which includes Accommodation Units at an Accommodation Establishment.
Accommodation Unit	means a unit within the Accommodation Establishment to which an individual ad refers.
System	means Njuškalo’s online system that the Accommodation Provider may use to upload, edit, confirm, update and/or complete information about the Accommodation Establishment and Accommodation Establishment Services (including accommodation units, prices and availability) and Bookings, including cases when such information has been entered or is used and processed via the Bolha portal.
Booking Service User	means a User whose Booking has been confirmed in accordance with Article 5 of these Terms and Conditions. If the Booking Service User is an underage person over 16 years of age, booking accommodation on their behalf and for their account is possible only by their legal representative. Persons under the age of 16 may not book Accommodation Establishment Services via Njuškalo Portal.
Accommodation Establishment Services	means accommodation services and, as the case may be, related breakfast and/or other meal preparation and serving services at the Accommodation Establishment and/or Accommodation Unit advertised by the Accommodation Provider on Njuškalo Portal.
Force Majeure	an event for which neither Party is responsible, which could not be foreseen, avoided or averted and which affects the majority of Accommodation Providers and their Accommodation Establishments (including, but not limited to, natural disasters such as eruptions, floods, fires, war, rebellions, civil disobedience, epidemics, quarantines, etc.)

2.2 Titles in these Terms and Conditions are for convenience only.

2.3 The terms defined in the Terms and Conditions include all genders.

3 Responsibility for Information about the Accommodation Establishment and Accommodation Establishment Services

3.1 The Accommodation Provider is solely responsible for entering information about the Accommodation Establishment and Accommodation Establishment Services. Njuškalo does not check the information about the Accommodation Establishment and Accommodation Establishment Services and it is not responsible for its accuracy.

3.2 In any case, the fact that Njuškalo made the Accommodation Establishment Service Description available to Njuškalo Portal Users does not mean that Njuškalo has in any way checked or is responsible for the description of the Accommodation Unit or the description of Accommodation Unit Services, including its content, veracity or up-to-dateness.

4 Accommodation Establishment Service Prices

4.1 It is the responsibility of the Accommodation Provider that all Accommodation Establishment Service Prices show final prices, including taxes, charges and other fees and expenses to be paid by the Booking Service User. If a regulation has been adopted, but not yet enforced, and it will increase a fee, tax or charge included in the advertised Accommodation Establishment Service Price, the Accommodation Provider is obligated to post the increased price as well. This is to be done no later than within three days after the regulation has been proclaimed. The Accommodation Provider must also indicate the date as of which the increased price applies.

4.2 By way of derogation from the previous Article and notwithstanding the Accommodation Provider’s cancellation rules, in the event that the Booking Service User must pay additional taxes, expenses or fees due to regulatory changes made in the period between making a Booking and starting to use Accommodation Establishment Services, the Accommodation Provider undertakes to notify Njuškalo and the Booking Service User immediately, and no later than within three days after the regulation has been proclaimed. In this case, the Booking Service User shall have the right to cancel the Booking free of charge.

5 Booking and Cancelling Accommodation Establishment Services

5.1 A Booking Service User does not need to sign up to Njuškalo Portal to make a Booking. However, when contracting Accommodation Establishment Services, the Booking Service User shall enter correct and true information in order to complete a legal transaction.

5.2 The Booking Service User understands and acknowledges that Njuškalo will generate a Booking Confirmation for the Booking Service User via Njuškalo Portal based on the information the Accommodation Provider enters in the System. Njuškalo is not responsible for the accuracy of the information about available Accommodation Establishment Services.

5.3 After choosing the Accommodation Establishment Services and entering any other necessary parameters (in any case including dates and the number of persons), the Booking Service User will be able to select the booking option. If a Booking can be made based on the information in the System, Njuškalo will allow the Booking Service User to be redirected to the Payment Gateway in order to pay a Deposit for the Service Price amounting to 9.5% of the Accommodation Establishment Service Price.

5.4 For the avoidance of any doubt, only the Deposit for Accommodation Establishment Services referred to in the previous paragraph of this Article can be paid via the Payment Gateway. The remaining amount of the Accommodation Establishment Service Price, including the Additional Deposit, shall be paid directly to the Accommodation Provider by the Booking Service User.

5.5 The Booking Service User agrees that no interest shall be paid on the Deposit and/or Additional Deposit paid.

5.6 If the Accommodation Provider is obligated to issue invoices in accordance with the VAT Act, following the receipt of a notice about paid booking (Deposit and/or Additional Deposit), the Accommodation Provider shall issue a prepayment invoice and deliver it to the Booking Service User by e-mail. For the avoidance of any doubt, when collecting the payment for Accommodation Establishment Services, the Deposit and/or Additional Deposit collected shall be deducted from the Accommodation Establishment Service Price and the Accommodation Provider shall issue a corresponding invoice for the full Accommodation Establishment Service Price.

5.7 After completing the Deposit payment procedure via the Payment Gateway, Njuškalo will generate a Booking Confirmation for the Booking Service User via Njuškalo Portal, after which it will also generate a notice about the confirmed Booking for the Accommodation Provider, containing the arrival date, Accommodation Establishment Service (number of overnight stays, Accommodation Unit and any other services), Accommodation Establishment Service Price and the name of the Booking Service User to whom the Booking pertains.

5.8 Njuškalo is not responsible for the completeness and veracity of information referred to in Article 5.7 based on the confirmed Booking.

5.9 The Booking Service User acknowledges that the Accommodation Provider shall exclusively define the deadlines and other rules on free Booking cancellations and cancellation charges. These rules shall be entered in the System. If the Booking Service User finds any of the rules unclear, he/she may contact Njuškalo Customer Support for clarification by e-mail at: turizam@njuskalo.hr or by calling +38516500954. The inquiry shall be forwarded to the Accommodation Provider and the response to the Booking Service User.

5.10 In the event that the Deposit has been collected from a Booking Service User who failed to realise a Booking, i.e. he or the Guest failed to appear at the Accommodation Unit at a specified time (“no-show”) or failed to cancel the Booking in time (late cancellation), amounts paid by the Booking Service User as a Deposit and/or Additional Deposit will not be returned to the Booking Service User.

Returning a Deposit and/or Additional Deposit to the Booking Service User will be possible only in cases when the Accommodation Provider has offered a free cancellation option up to a certain time and when that the Booking Service User has properly cancelled a Booking in time. In that case, the funds paid will be returned to the Booking Service User within an appropriate time limit, without delay.

5.11 The Booking Service User will be obligated to pay the Accommodation Provider the full Accommodation Establishment Service Price. All models and options to pay Accommodation Establishment Service Prices are arranged directly between the Booking Service User and Accommodation Provider.

5.12 The Booking Service User shall have the right to free Booking cancellation in the event of Force Majeure and in other cases explicitly specified in the Terms and Conditions, in which case the Booking Service User undertakes to notify the Accommodation Provider.

6 Double-Booking

6.1 In the event of Double-Booking, i.e. the full or partial inability to provide Accommodation Unit Services for which a Booking has been confirmed due to the unavailability of the Accommodation Unit for which the Booking has been confirmed, the Booking Service User must notify Njuškalo immediately.

6.2 If, in the case described in the previous paragraph of this Article, the Accommodation Provider fails to provide the Booking Service User, at its own expense, with alternative accommodation and services of at least equal or higher quality as those included in the confirmed Booking, which the Booking Service User has accepted, Njuškalo will make sure the Deposit for Accommodation Establishment Services referred to in Article 5.3 hereof is returned to the Booking Service User via the Payment Gateway. The return shall be made to the same payment card used for making the payment, through Njuškalo’s contractual partner referred to in Article 9.2. of these Terms and Conditions.

7 Additional Deposit for Accommodation Establishment Services

7.1 If the Accommodation Provider requires an additional payment for booking purposes which exceeds the Deposit amount specified in Article 5.3 of the Terms and Conditions, this must be clearly indicated in the Accommodation Establishment Service Description as well as at an appropriate location in the System when entering information about the Accommodation Establishment.

7.2 The Parties agree that, in the event that the Booking Service User fails to pay the Additional Deposit within the time limit specified in the ad by the Accommodation Provider, Njuškalo is authorised to cancel the booking at the Accommodation Provider’s request, in accordance with Article 5.9. of the Terms and Conditions.

7.3 Additional Deposit will be returned to the Booking Service User in accordance with the rules specified in Article 5.9. and 5.10. of the Terms and Conditions.

7.4 For the avoidance of any doubt, payment transactions concerning the Additional Deposit or the outstanding amount of the Service Price will not be completed via Njuškalo, but exclusively in the manner agreed by the Accommodation Provider and Booking Service User. Njuškalo’s liability for any loss caused in relation to the payment and/or return of the Additional Deposit is fully excluded.

8 Agreement on Providing Accommodation Establishment Services

8.1 The Agreement on Providing Accommodation Establishment Services is concluded remotely when the Booking Service User receives a Booking confirmation. The Agreement is concluded exclusively between the Accommodation Provider and the Booking Service User. Njuškalo does not act as an intermediary or a representative of any Party.

8.2 If the Accommodation Provider has concluded the Agreement on Providing Accommodation Establishment Services with the Consumer, the Accommodation Provider undertakes to fulfil all obligations in accordance with the Consumer Protection Act and other regulations applicable to their contractual relationship (including sending an agreement conclusion confirmation and other notices).

8.3 The Booking Service User has no right to unilateral termination of a distance contract, considering that under Article 86, paragraph 1, item 12 of the Consumer Protection Act, such a right cannot be exercised when the subject of a contract is the provision of accommodation services not intended for residential purposes if the provision of services has been agreed for a specific date or a period.

8.4 The Accommodation Provider is obligated to allow the Booking Service User and Guest to file a complaint in accordance with applicable regulations and must settle any complaint made within the statutory time limit.

8.5 The User understands and acknowledges that Njuškalo may, but is not obligated to become involved in complaint settlement and undertakes to provide Njuškalo, at its request, with any information required to assess the merit of a complaint.

9 Payment Card Transaction Processing

9.1 Njuškalo does not provide payment services and at no time does it possess the funds paid by the Booking Service User as a Deposit for Accommodation Establishment Services (including an Additional Deposit for booking validation purposes).

9.2 Njuškalo allows a Deposit to be paid by payment card on Njuškalo Portal via the Payment Gateway of Njuškalo’s contractual partner authorised to provide such services. Njuškalo does not possess payment card data at any point nor is it liable for carrying out and processing payment card transactions.

10 Personal Data and Protection

10.1 The User is obligated to protect their user data, including, but not limited to, the username and password, Booking numbers and other information about the Booking.

10.2 The User, or Booking Service User, hereby represents and guarantees to have obtained the prior consent of every Guest whose personal data is entered in the System for the purpose of booking Accommodation Establishment Services in relation to any such personal data processing. The User also undertakes to compensate Njuškalo for any potential loss arising from the inaccuracy of any such representation or guarantee.

10.3 As concerns personal data about the User, Booking Service User and Guest, within the meaning of personal data protection regulations, the Accommodation Provider and Njuškalo act as separate controllers, considering that the Accommodation Provider provides Accommodation Establishment Services and ensures the conclusion of the Agreement on Providing Accommodation Establishment Services via Njuškalo Portal, whereas Njuškalo determines the purpose and means of personal data processing on Njuškalo Portal. In light of the above, the User’s personal data is transferred to the Accommodation Provider at the moment of a transaction for the purpose of further processing necessary to provide Accommodation Establishment Services. The Accommodation Provider hereby undertakes to inform the Guest about any data processing and about data processing rules in accordance with the GDPR.

Njuškalo is not responsible for the legitimacy of personal data processing by the Accommodation Provider, but will make any reasonable effort to prevent any obvious violation of rights. The User, or the Booking Service User, undertakes to pay special attention in case personal data required to provide Accommodation Establishment Services is transferred to an Accommodation Provider outside of the territory of EU member states and EEA.

10.4 Data subjects are informed about data protection when accepting the terms and conditions of use and Njuškalo’s Privacy Policy and notice to data subjects is available at:

https://www.njuskalo.hr/?ctl=help&content_id=359

10.5 Njuškalo is responsible for the legitimacy of personal data collection and processing for the purpose of Booking confirmation. Every Accommodation Provider is responsible for the legitimacy of personal data processing for the purpose of realising a Booking and providing Accommodation Establishment Services.

10.6 Njuškalo is authorised to process the personal data collected for the purpose of regulating contractual relationships.

10.7 Njuškalo and Styria digital marketplaces, d.o.o. as joint controllers in the current business collaboration, process the data provided by the Users jointly for the purpose of contracting and providing Accommodation Establishment Services and using customer support services. If a User books Accommodation Establishment Services in the Republic of Slovenia, their information will be available to Njuškalo and Styria digital marketplaces, d.o.o. for the purpose of carrying out a transaction and providing Accommodation Establishment Services, regardless of which portal was used to make a Booking.

10.8 Data processing referred to in this Article takes place via the MyRent digital platform, owned by J.P. Atelier d.o.o. as a processor with which a personal data processing agreement has been concluded.

11 Disclaimer

11.1 The User acknowledges that Njuškalo’s liability with respect to providing the Njuškalo Service is entirely excluded, except in the event of intentional misconduct or gross negligence, and in any case, such liability is limited to actual loss.

11.2 The User acknowledges that Njuškalo does not guarantee constant availability of its services, Njuškalo Service included. Service unavailability due to maintenance, software upgrades or circumstances such as technical problems caused by third parties, force majeure or other events, cannot be excluded. The User acknowledges that Njuškalo’s liability with respect to service availability is entirely excluded, except in the event of intentional misconduct or gross negligence.

11.3 The User acknowledges that Njuškalo may at any time withhold the provision of the Njuškalo Service and it will not be liable for any losses incurred by the Users as a result of it making that business decision.

11.4 Njuškalo has the right to completely or partly suspend the provision of the Njuškalo Service if the security of the service itself or of any one or more of its Users has been compromised, without incurring any liability vis-a-vis the Users in such event.

12. Content published by users

To make sure that the content published by users on Njuškalo portal complies with legislation and moral principles and does not violate the rights of other persons, each user of Njuškalo portal services shall accept the following rules of conduct and adhere to them when using our services.

We will notify you of any changes to these provisions of General Terms and Conditions regarding the content published by Njuškalo portal users.

12.1.General Provisions

When publishing content, be considerate and mindful of the type of content you are publishing. Each user is independently responsible for the content they publish on Njuškalo portal. The user’s published content must comply with the legislation and respect the rights of third parties.

12.2. Restrictions on content publication

Every user’s freedom to publish content will be restricted to the extent that the content violates the rights of others or fails to comply with legal regulations. Njuškalo portal prohibits the spread of illegal content, content that violates the rights of others, and content that contradicts moral principles. Each user may face legal consequences for violating legal regulations by publishing inappropriate content. The content published on Njuškalo portal may not, under any circumstances, violate the following criteria:

1. Fraud: It is prohibited to publish content deliberately deceiving or exploiting other users or third parties, or deliberately misrepresenting the facts in order to encourage other natural persons or legal entities to act or refrain from acting in such a manner that causes loss to property of those persons or entities or other persons or entities, with the aim of acquiring their property. Statements promoting or coordinating such activities are also prohibited.

2. Data and privacy protection: It is prohibited to publish content consisting of, requesting or providing personal or confidential information of other users or third parties, such as medical records, address or financial information.

3. Violence: It is prohibited to publish content inciting, supporting or calling for violence. Statements containing death threats or threats to injure other persons are also prohibited. Furthermore, it is prohibited to publish content offering or demanding the committing of violence, as well as content promoting such conduct or glorifying violence, including humorous content if expressed in a violent context.

4. Defamation, discrimination and/or hate speech: It is prohibited to publish content inciting hate or belittling, offending, slandering or causing damage to certain persons or groups. It is prohibited to publish content directed against a certain ethnic group, religion, sexual orientation, gender, gender identity, disability or severe illness or other persons.

5. Illegal and/or unsafe products: It is prohibited to publish content through which illegal and/or unsafe products are being sold, purchased, offered, advertised, donated, gifted or otherwise traded. Such products include, but are not limited to: drugs, prescription medication, endangered animals and plants etc.

6. Abuse, stalking and/or intimidation: It is prohibited to publish content directed at ridiculing a person. It is also prohibited to publish content which is considered as continuous unwanted contact or serves to intimidate others, such as threatening messages.

7. Negative impacts on civil discourse or elections: It is prohibited to publish content which may potentially have a negative impact on civil discourse or elections or election results. The prohibition includes content which is likely to deceive or have an inappropriate impact on the elections or other civil processes, such as false reporting (fake news) which is being spread in a manipulative manner.

8. Violation of personal rights: It is prohibited to publish content violating personal rights of third persons (such as honour or right of personality). Discrediting or defaming of persons is also prohibited. It is prohibited to publish content unlawfully infringing on the honour and privacy of other persons. This prohibition especially includes sharing photographs or content using the features of third parties without their consent.

9. Pornography and sexualised content: It is prohibited to publish sexual content, including, but not limited to photographs or other images of naked persons or sexual acts. Offering sexual services is also prohibited.

10. Public safety risk: It is prohibited to publish content that may be considered a serious threat to public safety. This prohibition includes, but is not limited to any content consisting of statements of intention, threat or call for committing an act of violence against certain persons, groups or property or for making weapons or explosives.

11. Protection of minors: It is prohibited to publish content endangering the safety of minors, particularly the content that may cause physical, mental or moral damage to minors.

12. Self-harm: It is prohibited to publish content intentionally or unintentionally promoting, glorifying or encouraging suicide or self-harm. Debates and discussion on this topic are allowed only if they are objective and considerate.

13. Terrorist content: It is prohibited to publish content directly or indirectly encouraging an act of terrorism, glorifying or advocating terrorist activities, calling for participation in terrorist organisations or their financing or advocating or containing threats to commit acts of terrorism. Moreover, it is prohibited to publish content including instructions on creating and using explosives, firearms or other weapons, as well as harmful and dangerous substances and chemical, biological, radioactive and nuclear substances (CBRN substances) or instructions on other methods or procedures with the aim of encouraging or contributing to acts of terrorism. Terrorist acts are those committed with the intent of seriously intimidating the population, illegally forcing public authorities or international organisations to act or refrain from acting or seriously destabilising or destroying fundamental political, constitutional, economic or social structure of a country or international organisation.

14. Animal welfare: It is prohibited to publish content contrary to animal welfare, e.g. content trivialising animal cruelty or directed at encouraging others to cause harm and suffering to animals.

15. Intellectual property infringement: It is necessary to respect third party copyright and other intellectual property rights. Sharing content which includes copyright or other intellectual property rights is allowed only with the consent of the holder of copyright or other intellectual property rights for that content. It is prohibited to publish content infringing on third party copyright or intellectual property rights.

12.3. Obligation to report to the competent authorities and judicial bodies

In accordance with the relevant legal provisions, users may be legally responsible for the content they publish on Njuškalo portal. Njuškalo reserves the right to deliver the user’s published content or his information to national agencies, competent authorities and judicial bodies pursuant to obligations referred to in Article 18 of the Regulation (EU) 2022/2065 (Digital Services Act) and Article 14, paragraph 5 of the Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online, for the purposes of conducting an investigation of the content published by the user. The user may be obligated to deliver certain information at the request of national agencies, competent authorities and judicial bodies. We are obligated to notify competent authorities and judicial bodies without delay and deliver all relevant information as soon as we learn about the information giving rise to a suspicion that a criminal act was committed or is likely to be committed or that a criminal act is currently being committed, which includes life threats or threats to safety of a person or persons.

12.4. MODERATING USERS’ CONTENT

To make sure that the content published by users complies with the legislation and the rules of conduct indicated in these General Terms and Conditions, we are conducting moderation of the content published by users which we identify as contrary to these General Terms and Conditions or legislation.

12.4.1. Procedures contributing to content restriction

We have enabled Njuškalo portal users to report to us the content which they consider illegal or contrary to these General Terms and Conditions. The report may be submitted through our reporting mechanism, available to every user. We will consider the received report about such content without delay and in accordance with the provisions of the Regulation (EU) 2022/2065 (Digital Services Act). You can submit a complaint against the decisions we make through our internal complaint handling system.

Additionally, if upon our review of the published content we become aware of any illegal content or content contrary to our General Terms and Conditions, we will moderate it in accordance with these General Terms and Conditions.

12.4.2. Applied restriction measures

We apply the following restriction measures by which we prevent the publication of illegal content or content contrary to these General Terms and Conditions:

12.4.2.1. Content removal

If we learn that certain content is illegal or contrary to these General Terms and Conditions, we will remove such content from Njuškalo Portal. The disputed content will not be publicly available after we apply this restriction measure.

12.4.2.2. Temporary user account suspension

If a certain user repeatedly publishes illegal content or content contrary to these General Terms and Conditions and if we have applied the measure under item 12.4.2.1 multiple times or if the user committed a serious infringement of these General Terms and Conditions, we will temporarily suspend their user account.

This measure will be applied if the measure under item 12.4.2.1 was applied more than twice and the user account will be suspended for 14 days.

The user whose suspension period has expired will regain access to their user account. However, if after that the measure under item 12.4.2.1 is reapplied against them or if they commit a serious infringement of these General Terms and Conditions, their user account will be suspended for 30 days.

12.5. Anti-abuse measures and protection

We will suspend the provision of services to all users who frequently publish illegal content. We will also suspend processing of reports and complaints submitted through the reporting system and the internal complaint handling system by persons who frequently submit unfounded reports or complaints.

Prior to the application of the above suspension, we will send a notice to all users who are observed frequently publishing illegal content, or all persons who are observed frequently submitting unfounded reports or complaints, in which we will state the reason for sending the notice and the potential consequences if such conduct continues.

If the user continues to publish illegal content or a person continues to submit unfounded reports or complaints even after receiving the notice, we will suspend service provision or report and complaint processing.

When determining if a certain user or person who submitted a report and/or complaint committed abuse which would result in the suspension of service provision or suspension of report and complaint processing, we will consider the following criteria:

a) Total amount of illegal content or unfounded reports or complaints within a period of 3 months;

b) Proportion of the content referred to in item a) in the total amount of published content or submitted reports or complaints within a period of 3 months;

c) Severity of abuse;

d) Intention of such conduct, if possible to determine.

If it is determined that a certain user or person who submitted a report and/or complaint had more than 10% of illegal content or unfounded reports or complaints in the total amount of published content or submitted reports or complaints within a period of 3 months and if the conduct was evidently intentional, we will suspend the provision of services to that user or the processing of reports and complaints to the person who submitted a report and/or complaint, for one month.

If a user or person who submitted a report and/or complaint repeats the abuse after the suspension period has expired, they will receive another notice. If they continue to engage in such conduct after receiving the notice, the same suspension will be imposed, but for a longer period of three months.

12.6. Explanation of applied restriction measures and decisions on reports

We will notify you if there are any restriction measures applied regarding the content you published on Njuškalo Portal or regarding your user account. We will explain why we are taking the steps listed above, as well as what you can do if you disagree with our procedures.

If you submitted a report through our reporting mechanism, we will also notify you of our decision regarding the content for which you submitted the report.

12.7. Internal complaint handling system

Possibility of a complaint and deadline for submission

A complaint against our decision may be submitted by the user who was subject to one of our restriction measures or by the person who submitted a report. You may submit a complaint through our internal complaint handling system available on Njuškalo Portal within 6 months of receipt of the decision on the report or decision on the applied restriction measure.

Handling the complaint

We will process all complaints we receive without delay, responsibly and objectively. The complaints will be reviewed by our qualified employees. We will notify you of our decision and explain the reason for making the decision and the possibility of follow-up actions if you do not agree with it.

12.8. Out-of-court dispute resolution

All users and persons who submitted a report who received a decision based on complaints submitted through our internal complaint handling system are entitled to choose any authority for out-of-court dispute resolution, certified pursuant to Article 21, paragraph 3 of the Regulation (EU) 2022/2065 (Digital Services Act) in order to resolve the dispute for such decisions.

You can find more information on the available authorities for out-of-court dispute resolution on Njuškalo Portal by clicking here.

12.9. Strategy for addressing the dissemination of terrorist content online

It is prohibited to publish terrorist content on Njuškalo Portal. Publishing such content is considered a serious infringement of these General Terms and Conditions. Rules of conduct stated in these General Terms and Conditions serve to prevent or remove any terrorist content on Njuškalo Portal. Based on the above, our strategy for addressing the dissemination of terrorist content online must be clearly stated.

Our moderators will take into account which content is considered terrorist content and be especially careful when reviewing the content in order to determine if it is of terrorist nature. If any terrorist content is identified, our moderators will notify competent authorities without delay on the presence of such content, it will be immediately removed from Njuškalo Portal to make it publicly unavailable and archived for the purposes of the investigation of competent authorities. Our moderators will act on the order of the competent authorities without delay regarding removal of content which they marked as terrorist content. Furthermore, the moderators will completely and transparently cooperate with the competent authorities in order to remove such content or determine who is responsible for its publication.

13 Final Provisions

13.1 Use of the Njuškalo Service shall be governed by Croatian law and the competent court for dispute resolution shall be the court in Novi Zagreb.

13.2 The User’s consent is not required to amend or repeal the Terms and Conditions. Users are obligated to inform themselves about the Terms and Conditions in effect whenever using the Njuškalo Service.

13.3 These Terms and Conditions and any amendments thereto shall enter into effect after their publication on Njuškalo Portal. They shall apply to any provision of Njuškalo services from the moment of their entry into effect until expiry.

13.4 These Terms and Conditions enter into effect as of February 16^th 2024.