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

1. GENERAL PROVISIONS

These General Terms and Conditions and instructions for sports and business programmes are an integral part of all activities, programmes and packages provided by the Maya Team 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 (individual participant in certain activities, group of individual participants in certain activities or company, institution, association or society which invites its employees, members or business partners to participate in a certain package, programme or activity on its own behalf, and other travel agencies that sell MTTA’s activities, packages or programmes via their own sales networks as authorised partner travel agencies), which registers for i.e. orders and reserves a certain activity, package or programme in advance.

Clients can familiarise 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, which is also accessible at the www.maya.si website and at MTTA’s offices. MTTA can also enclose the GTC to its offers/contracts if requested by the client in advance.

The activities, programmes and packages set out in the GTC are part of MTTA’s sport and business tourism operations.

The client is any person, company, association, institute, group of friends, travel agency, etc. that made a valid reservation or purchased and paid for a certain package, programme, 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, programme 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, 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 or programme 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.
    • By making an agreement on the exact amount of compensation in a reciprocal compensation agreement for a certain activity, programme or package agreed in advance they have confirmed that they are aware of the provisions of the GTC and that they irrevocably consent thereto.
  • TRAVEL AGENCY:
    • They have confirmed the name of the selected activity, programme 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, programme or package.

The GTC also contain important instructions (Statement of Liability or Joint Liability During Sports Activities), through which the client is made aware, and by signing confirms, 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. 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 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 participate in activities organised by MTTA, regardless of whether the activity was 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, PROGRAMME AND PACKAGE

  • ACTIVITIES: sports activities that MTTA organises on its own or whose organisation is assigned to other verified and licenced 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 organisation of picnics, luncheons and other forms of socialising and entertainment held at the company’s Labrca sports and recreation centre.
  • PROGRAMMES: one-day events that MTTA organises for corporate or private groups on its own or whose organisation is assigned to other verified and licenced 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 workshops on soft skills and solving team assignments, or specialised teambuilding programmes 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 organises on its own or whose organisation is assigned to other verified and licenced agencies. They are divided into sports packages (active family holidays, short active weekend packages, individual active holidays), that are focused on sports, and business packages (teambuilding, incentive, teambonding).

 

3. SERVICES INCLUDED AND NOT INCLUDED IN MTTA ACTIVITIES, PROGRAMMES OR PACKAGES


The prices of the activities, programmes 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, programme, 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 programme, package or activity.

Other services are services that are not part of the programme, but are required for the conducting of the programme, e.g. accommodations and food for instructors for multi-day programmes, mileage of instructors to the location where the activity, programme 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, programme or package is carried out. Other services are listed in the offer/contract under the category “What is not included in the price”.

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

The client may register or make a reservation with MTTA, with an MTTA authorised 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, programme or package that the client registered for, or contains a reference to the name of the programme 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 centres with which it has an agreement on accepting telephone reservations.

The client’s registration/reservation is deemed confirmed when it is confirmed in writing by MTTA staff and at the same time at least one of the following conditions is met:

  • INDIVIDUAL PARTICIPANT:
  • MTTA staff have confirmed the name of the selected activity, the date of arrival and the number of participants in a written statement sent from one of MTTA’s e-mail addresses.
  • They have reserved and paid for a certain activity in MTTA office or via MTTA’s website.
  • They have sent confirmation of deposit to MTTA’s current account for an activity, programme or package determined in advance.
  • COMPANY, INSTITUTE OR ASSOCIATION:
  • They have confirmed the date of the reservation in writing to one of MTTA’s e-mail addresses and at the same time attached an order form, on the basis of which MTTA, after the conducting of the activity, programme or package, issues an invoice payable within 7 days. The order form contains the following information: number of persons, date of activity, package or programme, and name of offer/contract.
  • They have made a deposit to MTTA’s current account in the agreed percentage of the total value of a reciprocal compensation agreement agreed in advance.
  • They have signed a reciprocal compensation agreement on the exact amount of compensation for an activity, programme or package agreed in advance. If the client fails to state the agreed number of participants in a certain activity, programme or package in the reciprocal compensation agreement, this shall be deemed to be the fault of the client, and therefore the initial compensation conditions (final amount of compensation) may not be amended to the detriment of MTTA. The amount of compensation shall in no case be lower than the agreed amount.
  • TRAVEL AGENCY:
  • They have confirmed the name of the selected activity, programme 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 required to confirm and reserve an activity, programme or package.

 

5. PRICES OF ACTIVITIES, PROGRAMMES AND PACKAGES

ACTIVITIES:

  • The prices for sports activities are set in advance and 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 are published in the price list and menu of the Labrca sports and recreation centre. The prices for picnics for private groups are available at MTTA’s offices, and can be sent to the client via e-mail at the client’s request.

PROGRAMMES AND PACKAGES:

  • The prices of programmes and packages are set individually for each inquiry or compensation agreement. The price depends on the content, duration and complexity of the programme or package. The prices of the programmes and packages are set out separately in each offer/contract – i.e. tailor-made programmes and packages.

MTTA reserves the right to change prices due to changed prices on the market that affect the setting of the prices for the activities, programmes 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, programmes or packages at least 20 days prior to the beginning of the activity, programme 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 organiser shall refund the client the amount paid for the activity, programme 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, programme 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 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 paid in full 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.

For certain activities, programmes or packages, MTTA may require that the client pay on the spot and in the manner specified in the programme. This relates to activities, programmes and packages that MTTA does not carry out directly, but via third parties. In such case MTTA does not act as the organiser 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 organisation providing the specific activity, programme or package.

 

6. SAFETY OF PARTICIPANTS DURING ACTIVITIES – brief overview of the instructions regarding liability and joint liability during sports activities, programmes and packages, which must be signed by each participant in sports activities, programmes 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, and children 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, programmes 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 EASY rafting trips
  • children taller than 125 cm may participate in zipline activities
  • children taller than 130 cm who can swim may participate in Boka rafting trips
  • children taller than 140 cm who can swim may participate in all sports activities
  • maximum permitted weight: women 110 kg, men 120 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.
  • 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.
  • 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, programme 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, programmes or packages must be reported to the guide/instructor or another MTTA staff member immediately. 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.

 

7. PAYMENT IN INSTALMENTS

Further information is available at our sales outlet. There you will learn about all options for payment in instalments, and obtain a pro forma invoice if needed.
A EUR 25 administrative fee per reservation will be charged for all changes to reservations.


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, programme or package or at any time subsequently.

 

9. CANCELLATION OF ACTIVITY, PROGRAMME OR PACKAGE BY THE CLIENT

The client shall be entitled to cancel an activity, programme or package, at the same place that they confirmed the reservation. The cancellation must be submitted in writing, otherwise the cancellation of the activity, programme or package shall not apply. If the client cancels an activity, programme or package, MTTA shall be entitled to reimbursement of costs due to the cancellation of the activity, programme or package. The amount of costs reimbursed depends on the time at which the client submits the cancellation. The date of the written cancellation shall be the basis for calculation of the costs of cancellation.

CANCELLATION OF ACTIVITY, PROGRAMME OR PACKAGE:

  • 60 or more days before the scheduled activity, programme or package, MTTA shall retain or charge 25% of the agreed price for the activity, programme or package
  • from 59 to 45 days before the scheduled activity, programme or package, MTTA shall retain or charge 35% of the agreed price for the activity, programme or package
  • from 44 to 35 days before the scheduled activity, programme or package, MTTA shall retain or charge 50% of the agreed price for the activity, programme or package
  • from 34 to 20 days before the scheduled activity, programme or package, MTTA shall retain or charge 80% of the agreed price for the activity, programme or package
  • from 19 to 10 days before the scheduled activity, programme or package, MTTA shall retain or charge 90% of the agreed price for the activity, programme or package
  • from 9 to 0 days before the scheduled activity, programme or package, MTTA shall retain or charge 100% of the agreed price for the activity, programme or package
  • non-attendance without cancellation – MTTA shall retain or charge 100% of the agreed price for the activity, programme or package

During activities, programmes or packages, the client may cancel a certain activity, programme 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, programme or package, they shall not be entitled to any reimbursement of costs or the purchase price, either in full or in part.

After confirming the reservation, the client may subsequently change the name of the client or the number of participants. If the client wishes to increase the number of participants, a written confirmation from MTTA shall be required.

For a smaller number of participants than initially agreed, the abovementioned cancellation deadlines shall apply to the activity, programme 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 (the relationship must be evident in an appropriate document) which precludes the client’s participation in the activity, programme 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 under the same conditions as were agreed for the originally confirmed reservation. Inclement weather shall not be deemed an acceptable reason for cancellation if MTTA is able to provide the activity, programme or package for the client. If it is determined that the cancellation is not justified, MTTA shall issue an invoice to the client identical to an invoice issued for services rendered. The client must confirm the mutually agreed new time slot with MTTA within 5 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 newly agreed date within the agreed deadline, MTTA may free up the newly offered time slot and offer it to another client.

Companies, institutes, societies or associations that cancel a reserved activity, programme or package with an initially reserved time slot and which fail to confirm the second agreed time slot in writing or which cancel the second reservation shall receive an invoice from MTTA containing all of the services agreed in the original reservation. 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.


10. CANCELLATION OF OR CHANGES TO ACTIVITIES, PROGRAMMES OR PACKAGES BY MTTA

Pursuant to the applicable legislation, MTTA reserves the right to cancel or change activities, programmes or packages in the following cases:

  • If the provision of the activity, programme or package threatens the health or lives of the participants.
  • If an insufficient number of clients register for an activity, programme or package, MTTA shall cancel the activity, programme or package no less than seven (7) days before the scheduled activity, programme or package and notify all parties that have already made reservations for the activity, programme or package and reimburse them their entire paid amount.

MTTA reserves the right to full or partial withdrawal from activities, programmes or packages if extraordinary circumstances appear before or during the provision of an activity, programme or package that could not be foreseen, eliminated or avoided, and said circumstances constitute a justifiable reason for MTTA not to confirm the reservation in advance if the information relating to the extraordinary circumstances had existed at the time of the concluding of the agreement. In such case MTTA shall not reimburse the already paid purchase price.

  • MTTA reserves the right to full or partial withdrawal from activities, programmes 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. In such case MTTA shall not reimburse the already paid purchase price.
  • MTTA reserves the right to full or partial withdrawal from activities, programmes or packages if before or during the activity, programme 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, programme or package, and that continuing the activity, programme or package would threaten their own and others’ health or lives, and prior to the beginning of the activity, programme 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, programme or package or to the service 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, programme 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, programmes or packages, none of the participants in the activities, programmes or packages have any health issues or restrictions regarding taking part in the activities, programmes or packages. The client is aware that all activities, programmes and packages provided by MTTA include an elevated risk factor with regard to injury and other hazards, and therefore the activities, programmes 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, programmes and packages are also not suitable for people with high blood pressure and people with heart problems. Women who weigh over 110 kg and men who weigh over 120 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, programme or package.

 

13. ACTIVITIES, PROGRAMMES AND PACKAGES NOT ORGANISED BY MTTA

Where MTTA is not the organiser of the activities, programmes and packages, it acts in the role of an intermediary. In such cases it sends the information it receives from the organiser and/or provider of the activity, programme or package to the client, and helps the client register for the activity, programme or package. The conditions for registration, payment and cancellation of the event shall be pursuant to those of the other organiser. These programmes are specially marked, and notifications about the activity, programme 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 organiser or provider of the activity, programme 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. If not otherwise stated, gift certificates and coupons for activities, programmes 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 programmes 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