GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF OPERATION AND SPECIAL PROVISIONS OF MAYA TEAM d.o.o., Volče 87c, 5220 Tolmin, VAT ID: SI24153044 / YEAR 2020
These General Terms and Conditions and instructions for Camp Labrca as well as sports and business programs are an integral part of all activities, programs and packages provided by the MAYA TEAM d.o.o. company and of various forms of reciprocal compensation agreed in advance. They are a component part of the offers/contracts entered into by the Maya Team travel agency (hereinafter: MTTA) and the client (an individual participant in a certain activity, program, package or service; group of individual participants in a certain activity, program, package or service or company, institution, association or society, which invites its employees, members or business partners to participate in a certain package, program, service or activity on their own behalf, and other travel agencies that sell MTTA’s activities, packages, services or programs via their own sales networks as an authorized partner travel agencies), which registers for i.e. orders and reserves a certain activity, package, service or program in advance.
Clients can familiarize themselves with the provisions of the MTTA General Terms and Conditions (hereinafter: GTC) at MTTA’s offices and/or on MTTA’s website, accessible at www.maya.si, which contains a publicly accessible link to the GTC. The GTC also includes a price list for sport-related activities and a price list for services offered at Camp Labrca. Both price lists are also accessible at the www.maya.si website and at MTTA’s offices. MTTA can also enclose the GTC to its offers / contracts / proforma invoices if requested by the client in advance.
The activities, packages, services and programs set out in the GTC are part of MTTA’s sport and business tourism operations and Camp Labrca as an integral part of the Maya team d.o.o. company offer.
The client is any person, company, association, institute, group of friends or travel agency, etc. that made a valid reservation or purchased and paid for a certain package, program, activity or other service provided by MTTA. The client can also be a company that has entered into a reciprocal compensation agreement with MTTA in advance, i.e. prior to the conducting of the activity, program or package. The GTC, in the part relating to personal data protection, also apply to users of the website www.maya.si.
The client is deemed to be aware of the MTTA GTC and to have given irrevocable consent to the MTTA GTC when the client meets at least one of the following conditions:
- INDIVIDUAL PARTICIPANT:
- By signing a reciprocal agreement, they have confirmed that they are aware of the general terms and conditions and instructions, and that they give their irrevocable consent thereto.
- They have confirmed the name of the selected activity program, package or service, the date of arrival and the number of participants in a written statement sent to one of MTTA’s e-mail addresses.
- They have reserved and paid for a certain activity via MTTA’s website.
- COMPANY, INSTITUTE, SOCIETY OR ASSOCIATION:
- By sending a written order for a certain activity, package, service or program to one of MTTA’s e-mail addresses they have confirmed that they are aware of the provisions of the GTC and that they irrevocably consent thereto.
- By making a deposit to MTTA’s current account in the amount of an agreed percentage of the value of a reciprocal compensation agreement agreed in advance they have confirmed that they are aware of the provisions of the GTC and that they irrevocably consent thereto. The agreement may be made in written or oral form. If the offer is made by a company, institute, society or association the confirmation must be submitted in writing via mail, e-mail, fax, MMS or SMS.
- By making an agreement on the exact amount of compensation in a reciprocal compensation agreement for a certain activity, program, service or package agreed in advance they have confirmed that they are aware of the provisions of the GTC and that they irrevocably consent thereto. The compensation must be confirmed in writing.
- TRAVEL AGENCY:
- They have confirmed the name of the selected activity, program, service or package, the date of arrival and the number of participants in a written statement (voucher or company order form) sent to one of MTTA’s e-mail addresses.
- They have paid the contractually agreed amount of the total value of the transaction required to confirm and reserve an activity, program, service or package.
The GTC also contain important instructions (STATEMENT OF LIABILITY OR JOINT LIABILITY DURING SPORTS ACTIVITIES AND CAMP LABRCA REGISTRATION FORM), through which the client is made aware, and by signing confirms, prior to receiving services or prior to the beginning of each sports activity, that they agree and give their irrevocable consent thereto, and confirm that they will adhere to MTTA’s rules and instructions and follow the directions of MTTA’s staff during the conducting of the sports activities and receiving MTTA services. Regardless of whether the client is an individual participant, company, institute, association or agency, all participants who will take part in an individual sports activity or receive services must read and sign the instructions. If one or more individuals does/do not wish to sign or does/do not agree with the instructions, they may not receive services provided by MTTA or participate in activities organized by MTTA, regardless of whether the activity or service was paid for/partially paid for/compensation was provided in advance. Similarly, those who do not meet the requirements set out in the instructions (see SAFETY DURING ACTIVITIES) may not participate in activities.
2. MEANING OF THE TERMS ACTIVITIES, PROGRAMS PACKAGES AND SERVICES
- ACTIVITIES: sports activities that MTTA organizes on its own or whose organization is assigned to other verified and licensed sports agencies. The activities offered include: rafting, mini rafting, kayaking, sit-on-top kayaking, canyoning, mountain biking tours, ziplining, SUP, spelunking, free solo climbing, survival in the wild, hiking and paragliding. The activities also include the organization of picnics, luncheons and other forms of socializing and entertainment held at the company’s Labrca sports and recreation center.
- PROGRAMS: one-day events that MTTA organizes for corporate or private groups on its own or whose organization is assigned to other verified and licensed agencies. They can include one or more activities in combination with food and drinks. They can also include elements of teambuilding or teambonding, and may be combined with soft skills workshops and solving team assignments, or specialized teambuilding programs that include a combination of experiential learning and reflection, and the transfer of key team skills into the work environment.
- PACKAGES: two or more-day events that MTTA organizes on its own or whose organization is assigned to other verified and licensed agencies. They are divided into sports packages (active family holidays, short active weekend packages, individual active holidays), that are focused on sports, accommodation packages (multi-day accommodation packages of individual guests or groups at Camp Labrca or other accommodation facilities) and business packages (teambuilding, incentive, teambonding). Each package comprises a range of different services. The program is individually specified and agreed upon for each day of the package's duration.
- SERVICES: the task ordered by a client and carried out by MTTA, who issues a bill for the task performed. The term 'services' also include a variety of restaurant services and accommodation at Camp Labrca or any other accommodation facility, where MTTA offers and charges for accommodation only, without any other activity, or is accommodation a part of a certain MTTA package.
3. SERVICES INCLUDED AND NOT INCLUDED IN MTTA ACTIVITIES, PROGRAMS OR PACKAGES
The prices of the activities, programs, services, or packages include all services listed in the offer/contract sent to the client and which the client agreed to through confirming the reservation.
Additional services include all services ordered in addition to the activities, program, package or compensation agreed in advance. Additional services are not included in the offer/contract, therefore they are paid for separately in the form of a surcharge. Payment for additional services is made after the service is provided, within 7 days of issuance of an invoice by MTTA. Additional services can include food, drinks, and additional individual or group activities. In certain cases, food and/or drinks may be included in the offer. In such cases the food and drinks are not subject to a surcharge unless the client orders additional food and drinks that were not part of the previously agreed offer/contract. The client confirms the additional services in writing and before arrival, and may also order additional services during the course of the program, package or activity. The additional service must always be confirmed in writing.
Other services are services that are not part of the program, but are required for the conducting of the program, e.g. accommodations and food for instructors for multi-day programs, mileage of instructors to the location where the activity, program or package is carried out, transport of participants to the location if ordered by the client, etc. The client must also pay for other services if the presence of the MTTA team or part of the MTTA team is required at the location where the activity, program or package is carried out. The accommodation costs for drivers and guides accompanying the program are never included in the offer but are paid by the client as an automatic additional expense whenever overnight stays for the driver and/or instructor or guide are necessary for the smooth execution of the program.
Hidden costs are costs that agencies and companies normally charge without prior notice. These include various entry fees, tips, unannounced visits to various shops featuring local products, etc. MTTA does not use hidden costs and never charges for hidden costs.
4. REGISTRATION/RESERVATION AND PAYMENT FOR ACTIVITIES, PROGRAMS, PACKAGES AND SERVICES
The client may register or make a reservation for activities, programs, packages or services with MTTA, with an MTTA authorized agency, over the internet or via e-mail to one of MTTA’s e-mail addresses.
Upon registration/making a reservation, both parties, MTTA and the client, shall confirm the reservation in writing, which is deemed to be the signing of a contract and at the same time the confirmation of the reservation, and also contains data on the activities, program, service or package that the client registered for, or contains a reference to the name of the program, activity, package or service, under which that data is listed.
For sports activities, MTTA also accepts reservations via telephone from local accommodation providers and other tourist information points or centers with which it has a prior agreement on accepting telephone reservations.
The client’s registration/reservation is deemed confirmed when at least one of the following conditions is met:
- INDIVIDUAL PARTICIPANT OF AN ACTIVITY:
- MTTA staff have confirmed the name of the selected activity program, package or service, the date of arrival and the number of participants in a written statement sent from one of MTTA’s e-mail addresses, from one of the registered MTTA social media accounts or from one of the published telephone numbers in a form of SMS or MMS messages.
- The client has reserved and paid for a certain activity in MTTA office or via MTTA’s website.
- The client has sent confirmation of deposit to MTTA’s current account for an activity, program, service or package determined in advance and MTTA has confirmed in writing that the payment has been received.
- COMPANY, INSTITUTE OR ASSOCIATION:
- When the client confirms the offer, which has been created for them and sent by MTTA, or agreed orally between the client and MTTA, they must do so in writing to one of MTTA's email addresses or one of the published telephone numbers (SMS, MMS). The confirmation must include the date of the reservation, which is linked to the offer sent by MTTA or the oral agreement between the client and MTTA (e.g., telephone call, Zoom, etc.). Alternatively, the offer is also confirmed if the client sends an order form (as an e-mail attachment) linked to the offer sent by MTTA. Upon confirmation of the activity, program, service or package by the client in one of the possible ways, MTTA will confirm the agreement in writing (via email, SMS, MMS, etc.). Following the agreed offer, MTTA will send one or more proforma invoices for the amount previously agreed upon with one or more payment deadlines. Within 10 days after the activity, program, service or package, MTTA will issue the invoice for the balance payable within 7 days. The order form sent by the client must include the following data: number of persons, date of the activity, package, service, or program, and the name of the offer/contract to which the order form is linked. If the client fails to pay the balance within 7 days, MTTA reserves the right to charge interest on arrears at the rate applied by the Slovenian Legislation.
- When the client, pursuant to a prior agreement and issued proforma invoice, transfers an agreed amount or a percentage of the total value agreed in advance (advance payment) to MTTA's current account.
- When the client and MTTA agree upon, write and sign mutual compensation for a precisely determined amount of compensation for am activity, service, program or package previously agreed upon (the signature also applies to an electronic message from which it is clear that an agreement on mutual compensation has been concluded between the client and MTTA). If the client fails to provide the number of participants a specific activity, program, service or package previously agreed upon in a compensation, this is considered the responsibility of the client, and therefore the previous compensation conditions (the final amount of compensation) cannot be changed to the detriment of MTTA. Likewise, the compensation cannot be partially transferred to a new date (for example, a specific compensation is agreed for twenty people, only twelve of them come. MTTA is not responsible for these eight missing participants, so there is no possibility for these eight people to benefit from the compensation at a certain other occasion). The compensation value of the transaction cannot in any case be lower than the amount previously agreed upon.
- TRAVEL AGENCY:
- They have confirmed the name of the selected activity, program, service or package, the date of arrival and the number of participants in a written statement (voucher or company order form) sent to one of MTTA’s e-mail addresses.
- They have paid the contractually agreed percentage of the total required to confirm and reserve an activity, program, service or package.
5. PRICES OF ACTIVITIES, PROGRAMS, SERVICES AND PACKAGES
SPORTS ACTIVITIES (rafting, kayaking, canyoning, etc.), RESTAURANT AND CAMP LABRCA (individual guests):
The prices for sports activities and services provided at Camp Labrca are predetermined and they include VAT. They are published on the website www.maya.si (the price for each activity is listed with the presentation of the activity) and at MTTA’s offices. The prices for food and drinks include VAT and are published in the price list and menu of the Labrca sports and recreation center. The prices for private group picnics vary depending on the desired options and the total number of guests. Therefore, for clients interested in picnics, we create a customized offer, which is sent by MTTA employees via email. Tourist and other potential taxes are not included in the price and are charged separately.
PROGRAMS, SERVICES AND PACKAGES (various business events for sole proprietors, companies, corporations, institutions, and various associations or clubs):
The prices of programs, services, and packages are set individually for each inquiry or compensation agreement and they do not include VAT. The price depends on the content, duration and complexity of the program or package. The prices of the programs and packages are set out separately in each offer/contract – i.e. tailor-made programs and packages.
OTHER REGARDING PRICES:
MTTA reserves the right to change prices after the offer has been sent to the client due the number of participants being lower than the number previously agreed upon or due to changed prices on the market that affect the setting of the prices for the activities, programs, services or packages. Price increases and decreases shall be calculated using the percentage equivalent to the increase or decrease of the previously existing prices that were taken into account in the calculation.
MTTA shall notify the client of any changes to the prices of activities, programs, services, or packages at least 20 days prior to the beginning of the activity, program, service or package. The client shall be notified either in writing or orally. If the price increase is in excess of 10 percent, the client shall be entitled to rescind the contract without having to pay reimbursement for damages. In such case the organizer shall refund the client the amount paid for the activity, program or package.
Discounts and benefits are mutually exclusive and may not be combined.
If multiple discounts are offered, upon registration the client can select the discount that is best suited to them. For individual clients, discounts may be applied only for cash payments.
During the time the offer for the activities, program or package is being prepared, MTTA and the client may also conclude a reciprocal compensation agreement. MTTA and the client must conduct a financial evaluation and agree on the scheduling of the compensation agreement in advance. If the client and MTTA discover that it is not possible to settle a compensation agreement through a one-time event, the agreed compensation may be settled through several events mutually agreed in advance until the compensation is settled. The compensation must be completed within no more than two years of the concluding of the compensation agreement. Otherwise, the client shall be deemed to be no longer interested in the payment of compensation, whereby MTTA shall be released from their obligations under the agreement. In such case the compensation shall be deemed to have been paid in full and thus completed.
For certain activities, programs, services or packages, MTTA may require that the client pay on the spot and in the manner specified in the program. This relates to activities, services, programs and packages that MTTA does not carry out directly, but via third parties. In such case MTTA does not act as the organizer nor as an intermediary, but merely as an information provider. In such case the client shall exercise all claims and demands for compensation on the spot with the agency or organization providing the specific activity, service program or package, where the client was referred to by the information provider.
6. SAFETY OF PARTICIPANTS DURING ACTIVITIES – brief overview of the instructions regarding liability and joint liability during sports activities, programs, services and packages, which must be signed by each participant in sports activities, services, programs or packages:
- Participants are expected to be psychophysically healthy, not under the influence of alcohol or other psychotropic substances, and to be able to swim (applies to water activities).
- All participants must be over 18 years of age, while the underage participants must be accompanied by an adult or have a certificate from their parents or guardian indicating that they may participate in certain activities, and shall also accept liability and joint liability during sports activities, programs, services or packages.
- Restrictions to participation in activities:
- minimum number of participants: 3, otherwise a surcharge shall apply
- children taller than 110 cm may participate in a rafting trip EASY
- children taller than 125 cm may participate in zipline activities
- children, who can swim and are taller than 130 cm may participate in Boka rafting trips
- children, who can swim and are taller than 140 cm may participate in all sports activities
- maximum permitted weight: women 100 kg, men 110 kg
- MTTA reserves the right to apply further restrictions in the event of adverse weather conditions.
- MTTA recommends that pregnant women and persons with serious health issues or injuries do not participate in sports activities.
- MTTA reserves the right to cancel or suspend any activity at any time in the event of adverse weather conditions or other extraordinary circumstances. MTTA will reimburse all costs of the reservation in the event of a cancellation or help the client to find the new time slot available, if the client agrees.
- MTTA also reserves the right to cancel activities in the event that the minimum number of participants is not reached.
- Guests who have received mandatory sports equipment for sports activities shall not be entitled to reimbursement of costs in the event of a cancellation by the guest. They shall also not be entitled to reimbursement of costs if an activity is cut short due to an individual’s lack of physical preparedness or if the client's behavior presents threat to themselves and/or others and the guide cannot conduct the activity in safely manner.
- Sports activities shall run from the moment of arrival of the guests to meet the guide at the starting point and last until the completion of the activity – landing at the end point.
- MTTA shall not be liable for injuries incurred outside of the course of the activity, service, program or package.
- MTTA shall not be liable for injuries incurred as a result of actions counter to the abovementioned provisions or due to failure to follow the instructions of guides or other MTTA staff.
- Anyone who suffers from asthma or other health issues must notify the guide or another member of MTTA staff prior to the beginning of the activity.
- Injuries incurred during activities, service, programs or packages must be reported to the guide/instructor or another MTTA staff member immediately. A report has to be written regarding the injury and it must be signed by the client and one of the MTTA staff. MTTA shall not take any injuries reported subsequently into account.
- MTTA will photograph all participants in activities and reserves the right to use those photographs for internal purposes. Photos taken by MTTA are the property of MTTA.
- MTTA shall assume no liability for loss, theft or damage to personal items before, during or after the activity.
7. ADVANCE PAYMENTS AND INSTALLMENT PAYMENTS
If the client pays a 100% advance for the execution of a business event, they are entitled to a special discount (e.g., bonus discount, EBD - early bird discount, etc.), which must be clearly specified in the offer sent by TAMT to the client at their request, prior to the payment of the 100% advance. In such cases where the client receives a special discount for paying the full advance, the offer is based on the number of participants indicated by the client in their written or verbal inquiry, and TAMT prepares and sends the offer for the same pre-agreed number of participants.This means that if the actual number of attendees at the business event, for which the advance payment was made, is lower than the number initially specified or estimated by the client, the client will be responsible for covering the financial costs for all participants who did not attend (i.e., the difference between the expected and actual number of participants at the event). Conversely, if the number of attendees exceeds the number covered by the 100% advance payment, the client is obliged to pay TAMT the difference for the additional participants, calculated at the same price and with all discounts included in the original offer.
More information about installment payments is available at our sales office. There, we will inform you about all installment payment options and, upon request, prepare an indicative calculation. An administrative fee of EUR 25 per registration form will be charged for any changes to the reservation.
8. USE OF DATA
MTTA shall protect all personal data it obtains in accordance with the Personal Data Protection Act (UL RS no. 94/2007-UPB-1, hereinafter: ZVOP-1). Upon confirmation of the reservation, the client shall also be deemed to have consented to the use of those data for statistical processing, market research, customer segmentation and notification about new offers. If the client does not wish their data to be used for such purposes, they may state so upon making the reservation for the activity, program or package or at any time subsequently.
9. CANCELLATION OF ACTIVITY, PROGRAM, SERVICE OR PACKAGE BY THE CLIENT
The client shall be entitled to cancel an activity, program, service or package, at the same place that they confirmed the reservation. The cancellation must be submitted in writing, otherwise the cancellation of the activity, program, service or package shall not apply. If the client cancels an activity, program, service or package, MTTA shall be entitled to reimbursement of costs due to the cancellation of the activity, program, service, or package. The amount of costs reimbursed depends on the time at which the client submits the cancellation. The date when the written cancellation has been received (if the cancellation is sent by registered mail, it is considered as the date of cancellation when the cancellation was sent to the post office) shall be the basis for calculation of the costs of cancellation.
CANCELLATION OF ACTIVITY, SERVICE, PROGRAM OR PACKAGE:
- for every cancellation 60 or more days before the scheduled activity the cancellation is free of charge;
- from 59 to 45 days before the scheduled activity, program or package, MTTA shall retain or charge 30% of the agreed price for the activity, program or package
- from 44 to 35 days before the scheduled activity, program or package, MTTA shall retain or charge 50% of the agreed price for the activity, program or package
- from 34 to 20 days before the scheduled activity, program or package, MTTA shall retain or charge 80% of the agreed price for the activity, program or package
- from 19 to 10 days before the scheduled activity, program or package, MTTA shall retain or charge 90% of the agreed price for the activity, program or package
- from 9 to 0 days before the scheduled activity, program or package, MTTA shall retain or charge 100% of the agreed price for the activity, program or package
- non-attendance without cancellation – MTTA shall retain or charge 100% of the agreed price for the activity, program, service or package
If the customer has paid an advance or made a deposit to confirm the activity of a program, service, or package, MTTA may, in the event of cancellation by the customer, reimburse its expenses from the amount already received and only return any difference to the customer.
In case that the client pays a 100% advance for the execution of a business event, they are entitled to a special discount (e.g., bonus discount, EBD - early bird discount, etc.), which must be clearly stated in the offer sent by TAMT to the client at the client’s request, prior to payment of the 100% advance. In such cases where the client receives a special discount for paying the full advance, the offer is based on the number of participants specified by the client in their written or verbal inquiry, and TAMT prepares and sends the offer accordingly, for that same pre-agreed number of participants.This means that if the actual number of attendees at the business event, which is subject to the advance payment, is lower than the number initially provided by the client, the client is responsible for covering the financial costs for all participants who did not attend (i.e., the difference between the expected and actual number of attendees at the event). Conversely, if the number of attendees exceeds the number covered by the 100% advance payment, the client is obliged to pay TAMT the additional amount for the participants who exceed the originally covered number, at the same price and with all discounts included in the initial offer.
During activities, programs, service or packages, the client may cancel a certain activity, program, service or package at their own request. MTTA and the client shall sign a written declaration of cancellation, stating the reason for the cancellation. If the client cancels an activity, program or package, they shall not be entitled to any reimbursement of costs or the purchase price, either in full or in part, regardless of whether the client signed the written declaration of cancellation or not.
If the number of participants in an activity, program, or package is lower than the number originally registered for the activity, program, or package, the financial responsibility for the difference between the confirmed and the actual number of participants is borne by the client. This means that TAMT will charge the client based on the number of participants confirmed by the client between seven and three days prior to the start of the activity, program, or package. During this time, TAMT requires the client to provide the final number of participants in writing, allowing TAMT to adequately prepare and organize everything necessary for the professional and high-quality execution of the agreed activity, program, or package.
After confirming the reservation, the client may subsequently, in written agreement with MTTA, change the name of the client or the number of participants. If the client wishes to increase the number of participants, a written confirmation and approval from MTTA shall be required.
For a smaller number of participants than initially agreed, the abovementioned cancellation deadlines shall apply to the activity, program, service or package. If MTTA has granted a group discount on the price, the group discount shall not apply.
If an individual reservation is cancelled, the client must report this to MTTA immediately, in writing and within 24 hours of the appearance of one of the reasons for the cancellation. When the reason for cancellation is the deterioration of the health of the client or their family member (spouse, cohabiting partner, parents, mother-in-law, father-in-law, children, son-in-law, daughter-in-law, brother, sister, grandchildren or grandparents - the relationship must be evident in an appropriate document), which precludes the client’s participation in the activity, service, program or package, they must enclose a certificate from a personal physician. In the event of cancellation for medical reasons, the client shall be reimbursed 100% of the already paid purchase price.
In the event of a cancellation where the client is a company, institute, society or association, the reason for the cancellation shall be checked thoroughly. If it is determined that the client is unable to participate, the client and MTTA shall agree on a new time slot - date (the client can change the event date once, otherwise the paid deposit for the event becomes void and under no circumstances is it refunded or transferred to any new event or new date) under the same conditions as were agreed for the originally confirmed reservation. The client shall suggest and determine the new time slot in agreement with MTTA within 7 days from the day of the cancellation. The client must confirm in writing the mutually agreed new time slot with MTTA within ten business days of the day that MTTA sends the newly mutually agreed date to the client in writing. If the client fails to confirm the new agreed time slot within the agreed ten-day deadline, MTTA may free up the newly agreed additional time slot and offer it to another client, while the client, who cancelled the program, activity, service, or package is no longer eligible for this new time slot. Inclement weather shall not be deemed an acceptable reason for cancellation if MTTA is able to provide the activity, program, service or package for the client. If it is determined that the cancellation is not justified, or if the client fails to take advantage of the additional time slot for the conduct of the activity, program, package or service, MTTA shall issue an invoice to the client identical to an invoice issued for services rendered. The date of the written cancellation of the initial reservation shall be the basis for compiling the invoice.
If a cancellation is submitted by a company that has concluded a reciprocal compensation agreement with MTTA, that company shall also be offered a new time slot, which the client must confirm in advance. If the client fails to provide the agreed compensation within the newly agreed time period, the compensation shall be concluded and deemed to have been provided. Otherwise, MTTA shall suffer economic damage, since it has reserved a time slot that will remain unfilled due to the client’s failure to appear.
In the event that a client cancels an activity, program, service, or package due to natural disasters, epidemic, pandemic, war, or other force majeure circumstances beyond the control of MTTA, no refund will be provided. However, MTTA will work with the client to determine a mutually agreeable new time slot for the activity, program, service, or package within a maximum period of two years from the point at which the reason for cancellation is resolved.
10. CANCELLATION OF OR CHANGES TO ACTIVITIES, PROGRAMS, SERVICES OR PACKAGES BY MTTA
Pursuant to the applicable legislation, MTTA reserves the right to cancel or change activities, services, or packages in the following cases:
- If the provision of the activity, program, service or package threatens the health or lives of the participants.
- If an insufficient number of clients register for an activity, program, service or package, MTTA shall cancel the activity, program or package no less than seven (7) days before the scheduled activity, program, service or package and notify all parties that have already made reservations for the activity, program, service or package and reimburse them their entire paid amount.
MTTA reserves the right to fully or partially withdraw from activities, programs, services, or packages in the event of extraordinary circumstances such as natural disasters, epidemics, pandemics, war, or any other force majeure events that are beyond the client's control. These circumstances cannot be foreseen, eliminated, or avoided, and may constitute a justifiable reason for MTTA not to confirm the reservation in advance, provided that the information about the extraordinary circumstances existed at the time of the agreement's conclusion. In such cases, MTTA will not reimburse any purchase price that has already been paid.
- MTTA reserves the right to full or partial withdrawal from activities, programs or packages if before or during the activity one or more clients or their guests directly infringes the provisions set out in the instructions titled Statement of Liability or Joint Liability During Sports Activities, as well as the Camp Labrca Regulation. In such case MTTA shall not reimburse the already paid purchase price.
- MTTA reserves the right to full or partial withdrawal from activities, programs, services or packages if before or during the activity, program, service or package a responsible person who works for and acts on behalf of MTTA establishes that a certain person/s is/are not physically and/or psychologically capable of withstanding the exertion required for a certain activity, program, service or package, and that continuing the activity, program, service or package would threaten their own and others’ health or lives, and prior to the beginning of the activity, program, service, or package this could not be observed or detected, and the client failed to notify MTTA staff thereof. In such case MTTA shall not reimburse the already paid purchase price.
11. COMPLAINTS
The client must lodge complaints about irregularities or deficiencies on the spot, and report them to the leader of the activity, program, service or package or to the activity, program, service or package provider.
If the reason for the complaint is impossible to eliminate, the client shall draft a written confirmation, i.e. a claim form, with the service provider or the leader of the activity, program or package, which shall be signed by a representative or the service provider and the injured party (client). The claim form shall also be the official document affirming that the client lodged a complaint about the services on the spot.
Grounds must be provided for complaints. The client should therefore enclose to the claim suitable evidence and/or a confirmation of the facts from a guide, driver, restaurant operator, hotel operator, transport operator or other relevant person, on the basis of which client is exercising its claim.
MTTA is obliged to provide an initial written response to the client within 8 days of receipt of the complaint, and to provide a final response within a suitable deadline required to obtain information on the reason for the complaint from the service provider, or within the time required to obtain information from third parties pursuant to Article 892 of the Code of Obligations. Until such time that MTTA issues a response, the client waives the right to disclose the complaint to any other person or judicial institution, or to provide information to the media or otherwise provide the information to the public. MTTA shall only resolve complaints where the reason for the complaint could not be resolved on the spot.
12. HEALTHCARE REGULATIONS
The client shall be jointly liable and shall guarantee MTTA that prior to their arrival at the activities, programs, services or packages, none of the participants in the activities, programs, services or packages have any health issues or restrictions regarding taking part in the activities, programs, services or packages. The client is aware that all activities, programs, services and packages provided by MTTA include an elevated risk factor with regard to injury and other hazards, and therefore the activities, programs, services or packages are in no case suitable for pregnant women, people with various back injuries and people who have suffered other serious injuries or undergone major operations. The activities, programs, services and packages are also not suitable for people with high blood pressure and people with heart problems. Women who weigh over 100 kg and men who weigh over 110 kg may not participate. All persons with health issues must notify MTTA thereof upon making their reservation; if this is not possible, then no later than prior to the beginning of any activity, program, service or package.
13. ACTIVITIES, PROGRAMS, SERVICES AND PACKAGES NOT ORGANISED BY MTTA
Where MTTA is not the organizer of the activities, programs, services and packages, it acts in the role of an intermediary. In such cases it sends the information it receives from the organizer and/or provider of the activity, program, service or package to the client, and helps the client register for the activity, program, service or package. The conditions for registration, payment and cancellation of the event shall be pursuant to those of the other organizer. These programs are specially marked, and notifications about the activity, program, service or package will also be specially marked. MTTA shall be deemed to be selling such arrangements on behalf of and for the account of others. The client shall address all complaints to the organizer or provider of the activity, program, service or package.
14. GIFT CERTIFICATES
Gift certificates are available from MTTA. All gift certificates, coupons and other vouchers shall be valid during the period from the date of issue to the date stated on the certificate or coupon. The expiration date on the gift certificates cannot be extended. If not otherwise stated, gift certificates and coupons for activities, programs, services and packages may be redeemed with MTTA up to the expiry date. MTTA shall not be liable for claims regarding theft or other alienation of gift certificates. Gift certificates may in no circumstances be redeemed for cash. Copying or other reproduction of gift certificates is prohibited and punishable by law. Only original MTTA gift certificates containing original signatures, stamps and other verifiable elements shall be accepted.
15. FINAL PROVISIONS
All prices for activities in the MTTA catalogue include VAT. The prices for the individual programs and packages do not include VAT. The court of jurisdiction in Tolmin shall be competent for any disputes between the parties. These General Terms and Conditions shall apply to all offers/concluded contracts, from the date they are published on the website www.maya.si, where all changes are updated regularly, and are available in print form at MTTA’s offices.
Tourist agency Maya team d.o.o.
Borut Nikolaš
CEO
Tolmin, January 2020