TERMS & CONDITIONS
All holidays operated by POSITIVE SPORT – BK SPORT D.O.O. (“the Company”) are sold to the signatories above (“the Clients” or “you”) subject to the following conditions:
1. Booking. To make a booking, send in a completed form and the Company will invoice you for the total cost, less deposit paid. The booking is not accepted until the date on this invoice. Final payment must be made no later than 8 weeks before departure. The Company reserves the right to cancel your booking should payment be received late.
2. Flights. We can organise your flight through a travel agent and you will have a separate contract with them for the flight only. We reserve the right to alter tour and flight dates as a result of any airline schedule changes, and we accept no responsibility for any costs incurred by clients who book flights themselves in changing their flights to meet with any revised dates.
3. Your contract with us. Details of exactly what is and what is not included in your contract with the Company are shown in the relevant tour itinerary. You should be familiar with the details of this before booking.
4. Cancellation by you. On receiving written notice of your cancellation, you will be charged for the following parts of your tour cost (excluding flights but including bike rental fees, single supplements and any additional payments), as a cancellation fee:
more than 40 Days before departure deposit lost only
40 to 30 days before departure - 5%
29-22 days before departure - 20%
21-15 days before departure - 30%
14- 8 days before departure - 50%
7-3 days before departure - 90%
Day of the departure, during your travel - 100%
Insurance premiums are non-refundable. For any tour where full payment is made at booking, the charge made for cancellation more than 55 days prior to the tour is 50%. To transfer to another tour, you must notify us at least 90 days prior to departure, pay a 50 € fee, plus any increase in tour cost. The Company reserves the right to refuse any request to transfer to another tour.
5. Cancellation by us. The Company will only cancel your tour if a) it is forced to do so by the unusual or unforeseeable circumstances, such as war, unrest, or if b) it is forced to do so as a result of flight cancellations or c) the minimum number of bookings required to operate the tour has not been reached (see item 6). We will inform you about canceling the tour min. 7 days prior to tour start.
6. Minimum numbers. If the minimum number of clients for a tour, as indicated on our website, is not reached 4 weeks before departure, we reserve the right to cancel the tour and/or make significant modifications to the tour and/or make an extra charge of up to 150 € to each person booked on the tour.
7. Other Activities. The Company acts as agent only in respect of all activities, whether or not included in the tour price, which are organised and operated by any other company. Your contract will be directly with the activity provider and subject to their booking conditions.
8. Cancellation by the Company. If the Company cancels your tour, you will be offered an alternative. If this is not acceptable, the Company will refund monies received in respect of the cost of the tour (excluding insurance premiums). We will not be liable for any other expenses which you have incurred as a result of your booking.
9. Surcharges. We reserve the right to impose surcharges up to 6 weeks prior to the departure due to the unfavourable exchange rate movements, increased transport costs or as a result of any government action. You will only be charged the amount above 2% of the basic tour cost, and if the charge exceeds 10% of the basic tour cost you may cancel your booking by providing the Company with written notification within 7 days of your being notified of the level of the surcharge. This cancellation will be governed by the same alternative tour and refund terms as item 8 above.
10. Tour changes. This type of adventure holiday will always be subject to changes in itinerary and it is a fundamental condition of your booking that you accept this. You must accept that the web site dossiers are to give you a guide as to what to expect from your holiday but that there will still be considerable flexibility when on the tour. You will not be refunded for any services not utilised.
11. Tour leaders. You must abide by the authority of your tour leaders. If they believe that your behaviour presents any risk for the safety of the group, you may be asked to leave the group. You will not be entitled to any refund.
12. Complaints. If you have a complaint about your tour, you should communicate it to the leader so that remedial action can be taken if possible. In any event, you must notify the Company of any complaint, in writing, within 2 months of the tour finish.
13. Insurance. Before arriving on a tour you must have adequate insurance. If you have your own policy, full details of it must be supplied to the Company with or before final payment, and a full copy of the policy given to your tour leader on arrival.
14. Company responsibilities. The Company accepts no responsibility for any damage or loss arising from a failure to carry out the contract, or in the process of carrying out the contract, as a result of a) actions by the Client or b) unusual and unforeseeable circumstances beyond the control of the Company or c) any event which the Company, even with all due care, could not foresee or forestall or d) the theft of or damage to bicycles or other equipment or injury to the Client which occur as result of cycling on or off the road, or while in transit in any vehicle, or at any other time during the holiday. Where the Company is found to be liable for any damages, howsoever arising, these damages shall be limited to the price paid for the tour.
15. Provision of Information. Any information provided by the Company or it’s representatives is done so in good faith but without any liability on the part of the Company or it’s representatives. The Client remains responsible for finding out any information necessary, such as vaccinations, visa requirements, luggage allowances, etc.
16. Bike Hire.
a) All hired bikes remain the property of the Company and shall not be sold, hired or loaned out by the Client.
b) The Client acknowledges that the bike hired is in good condition and undertakes to return the bike and any accessories in that same condition, or to make a payment to the Company, immediately on demand, sufficient to return the bike to that condition.
c) The Company shall not be liable for any damage or loss arising from the Client’s use of the equipment. The Client shall indemnify the Company against any claim howsoever arising as a result of the Client’s use of the cycle during the period of hire.
d) In the event that the bike and/or any accessories are lost or stolen, the Client shall indemnify the Company for the costs of replacing those items. Should the equipment subsequently be returned in a satisfactory condition these moneys will be repaid.
e) The Client will ensure that the bike is adequately secured when not in use and will immediately notify the Company or one of it’s representatives in the event of any theft, loss, breakdown or other occurrence relating to the bike or associated accessories.
f) All moneys due in relation to the hire of bike will be added to the tour cost and will be payable in accordance with the Company’s booking conditions.
POSITIVE SPORT, BK sport d.o.o., Mučeniška ulica 8b, 5222 Kobarid
