GENERAL TERMS AND CONDITIONS for the conduct of tourism business of Tajus d.o.o.
ARTICLE 1: GENERAL PROVISIONS
General terms and conditions of business (hereinafter referred to as “General Terms”) and the travel organization program, which outlines a detailed program and a set of services included in the travel price (hereinafter referred to as “Travel Offer”), are a part of the Contract on mutual rights and obligations during travel (hereinafter referred to as “Contract”), concluded by Tajus d.o.o. as a travel organizer (hereinafter referred to as “Organizer”) and the traveler (hereinafter referred to as “Traveler”).
The expressions used in these General Terms have the meanings defined by the Consumer Protection Act, the Obligations Code or these General Terms (the latter in case the aforementioned laws do not contain definitions).
Organizer information:
Tajus produkcija d. o. o. (abbreviated name: Tajus d.o.o.)
Langusova ulica 49
4240 Radovljica
Registration number: 7133553000
Tax number: SI 22159207
Phone number: + 386 40 854 040
E-mail: info@tajus.eu
Bank Account: SI56 3400 0101 7640 750 opened at Sparkasse d.d.
Registered at the District Court in Kranj, on September 7, 2016, with a basic capital of 7,500 EUR
Tourist license: no. 2463
ARTICLE 2: OBLIGATION TO NOTIFY BEFORE SIGNING THE CONTRACT
The Traveler confirms by signing the Contract that he/she has received the General Terms and the Travel Offer with all the specifications of the program and the manner of travel, that he/she is familiar with them and fully accepts them, and that he/she is familiar with the options of optional travel health insurance for travel abroad.
The provisions of the General Terms are an integral part of the Contract between the Traveler and the Organizer and are binding for both parties, unless otherwise specified in the Contract or the Travel Offer.
ARTICLE 3: THE CONDITIONS FOR THE TRAVELER STATUS
The Travelers must be adults. If the Traveler is a minor, the following applies: a minor is considered to be anyone under the age of 18. Minors must always be accompanied by an adult. One adult can accompany a maximum number of minors, taking into account the limit on the number of people using transport means operated by the Traveler during the program. If, in accordance with the applicable law, the consent of parents, guardian, or any other adult person is required for the travel of a minor, including the necessary consents of the state administrative bodies in the case of travel of such a minor abroad, the adult person accompanying the minor is the Traveler and the signatory of the Contract for the minor and is responsible for ensuring all necessary consents, documents and insurance so that he and the minor meet all legal requirements for travel. The Organizer will not be liable for any compensation, damage or loss that may arise due to the failure to obtain the necessary consents, permits, and approvals. The Organizer does not provide childcare services and explicitly waives responsibility for accompanying or supervising minors.
ARTICLE 4: REGISTRATION AND PAYMENTS
The Traveler can submit an inquiry or reservation and express interest in a tourist arrangement:
– via the website www.tajus.eu,
– e-mail info@tajus.eu or
– mobile phone (+386 40 854 040).
The Organizer prepares and sends the following to the Traveler: a Contract on mutual rights and obligations during the trip (hereinafter referred to as the Contract), a Travel Offer, a pre-invoice, General Terms and Conditions, and any other documentation. These previously mentioned documents must contain information about the travel package, if they relate to the content of the travel package, including:
1. The main characteristics of travel services:
– the location or locations of the trip, the plan of the trip, the duration of stay with dates and number of included nights if accommodation is included,
– the place, date and time of departure and return, or an approximate time of departure and return if the time is not yet determined,
– means of transportation, their characteristics and categories, duration of transportation and locations of intermediate stops and transportation links,
– the location, main characteristics, and if necessary, the tourist category of the accommodation in accordance with the regulations of the travel destination,
– the meal plan,
– visits, excursions, or other services included in the agreed total price of the travel package,
– whether any of the travel services will be provided as part of a group, and if possible, information about the size of the group, if it does not emerge from the circumstances that any of the travel services will be provided as part of a group,
– the language in which other tourist services will be provided, when the consumer’s benefits from these services depend on oral communication,
– whether the trip is generally suitable for people with limited mobility, and upon request by the consumer, detailed information on the suitability of the trip taking into account the consumer’s needs.
2. The company name, business address, telephone number, and, if necessary, the email address of the travel Organizer and travel seller, if required.
3. The total price of the travel package, including taxes and any additional fees, taxes, and other costs or a listing of any additional costs that the consumer will still need to pay if these costs cannot be reasonably calculated before the Contract is concluded.
4. Payment terms, including all amounts or percentages of the price that are paid as a down payment and deadlines for paying the balance, or financial guarantees that the consumer must pay or provide.
5. Minimum number of registered individuals for the implementation of the travel package and the deadline by which the travel Organizer can withdraw from the Contract if fewer are registered.
6. Information regarding travel documents and any visa requirements, including the approximate timeframe for obtaining visas for citizens of the Republic of Slovenia, and health formalities required for travel and stay in the travel destination.
7. Information regarding the right of the consumer to cancel the Contract at any time before the start of the trip, against payment of a cancellation fee or against payment of standardized cancellation fees that may be required by the travel Organizer.
8. Information about voluntary or compulsory insurances covering the costs of cancellation by the Traveler or the costs of assistance, including repatriation, in case of accident, illness or death.
Upon registration, the Traveler is required to provide all the information and submit the documents required by the Travel Offer and the Contract. If the Traveler does not provide accurate information at the time of registration, he/she is responsible for all costs or consequences and damage that may result from incorrect information.
The Traveler and accompanying persons, as listed in the Contract, are registered for the trip when the Organizer and Traveler sign the Contract and the Traveler pays the registration fee (hereinafter referred to as the Advance payment), as stated in the pro forma invoice, as confirmation of the registration for the trip. The Advance payment amounts to 30% of the trip’s cost unless otherwise stated in the pro forma invoice. The day of payment and registration for the trip is considered the day when the Traveler submits a payment order to the bank. The remaining amount of the trip’s cost must be paid by the Traveler no later than 45 days before the trip, unless otherwise specified in the Contract. The travel Organizer does not inform the Traveler about the payment deadline. If the remaining part of the trip’s cost is not paid by the Traveler within the specified deadline, it is considered that the Traveler has canceled the trip. In this case, the provisions of Article 9 of these General Terms apply. The timely and properly paid Advance payment guarantees the Traveler’s participation under the conditions specified in these General Terms, the Contract and the Travel Offer.
ARTICLE 5: RIGHTS AND OBLIGATIONS OF ORGANIZER AND TRAVELER
The Organizer is obliged to act with the diligence of a good businessman, both in the services he provides himself and in the selection of contractual partners or individuals to whom he entrusts the execution of certain services.
The Organizer is also obliged to:
– enter into a written Contract with the Traveler for the travel;
– provide the Traveler with a written Travel Offer, general travel conditions, and inform him or her about the possibility and offer of optional travel health insurance for travel abroad;
– take care of the rights and interests of the Traveler in accordance with good business practices;
– resolve inconsistencies between the Contract and the services provided in accordance with applicable legal provisions and industry rules, or if not possible, offer the Traveler alternative suitable services until the end of the travel, without incurring additional costs for the Traveler;
– offer and refund the real price difference in case of a timely and justified written complaint about the complete or partial non-performance of the services included in the Travel Offer, all in accordance with the legislation, General Terms and provisions of the Contract;
– before departure, inform the name, address, and telephone number of the local representative – accompaniment or local agency or travel partner (hereinafter: Tour Leader) and exceptionally, if necessary, the address and telephone number of the Organizer for emergency assistance.
Under no circumstances shall the Organizer:
– be liable for services provided to the Passenger by third parties outside of the Travel Offer;
– and shall not be responsible for any oral or other information that differs from that in the Travel Offer, the Contract, or the General Terms and shall not be bound by them and cannot be the basis for the Passenger’s objections or complaints.
The Traveler has the following rights and obligations:
– to be thoroughly informed about the Travel Offer and the contents of the Contract and the General Terms and the options for optional travel-health insurance for travel abroad, which the Traveler confirms on behalf of himself and any companions listed in the Contract with a signature on the Contract;
– to take out optional travel-health insurance for travel abroad, as the Organizer does not provide it and is not responsible for it;
– to pay the agreed price in the conditions, deadlines, and manner specified in the Contract, Travel Offer, pre-invoice, and General Terms;
– to promptly provide the Organizer with accurate and complete data and documents necessary for organizing the trip and to guarantee that he, his documents, luggage, and other things meet the requirements set by the regulations of our, transit, or destination countries;
– to recover damages caused to direct service providers or third parties by violating legal and other regulations and these General Terms and the Contract;
– to timely designate another person for the trip instead of himself, to reimburse the actual costs incurred by the replacement and to be jointly responsible for the unpaid part of the Contract price;
– the Traveler can transfer the Contract for the package tour to a third party who meets the conditions applicable to this contract after informing the travel Organizer on a permanent data carrier about it within a reasonable time before the start of the tourist package. If the Traveler informs the travel Organizer about the transfer of the Contract for the package tour at least seven days before the start of the tourist package, it shall be deemed to have been notified within a reasonable time in any case. The transferor and the assignee of the Contract for the package tour are jointly responsible for paying the remaining Contract obligations and all additional fees, taxes, or other expenses incurred in the transfer. The travel Organizer informs the transferor of the actual transfer costs of the Contract for the package tour. These costs are reasonable and do not exceed the actual costs incurred by the travel Organizer with the transfer of the Contract;
– when changing the Traveler, any restrictions of air carriers must also be taken into account each time in accordance with the respective conditions of the relevant air carrier;
– to submit a justified complaint to the Organizer or to the persons listed in the travel documentation in accordance with Article 11 of these General Terms;
– to find out the exact departure and return time from the Organizer no later than 24 hours, but not earlier than 48 hours, before the start of the trip;
– before choosing a destination and before signing the Contract, the Traveler must inquire about the countries they are traveling to with the relevant government institutions or otherwise about the potential high or moderate risk, as well as all other facts that may be important in a specific case for the choice and implementation of travel;
– the Traveler must personally bear the costs of return or continuation of the trip if they are unable to continue the trip with the group or if they are hindered, while the group cannot wait for the Traveler due to disruptions in the schedule and completion of the travel Program (delays in departures, health problems, etc.);
– the Traveler, as the Contract holder, is obliged to inform the remaining companions who are registered on the travel program about the provisions of the General Terms, the Contract, the Travel Offer, the entry conditions at the destination, and all notifications that are sent to the Traveler by the Organizer;
– the Organizer will inform the Traveler of the physical and mental requirements before signing the Contract. The Traveler agrees by signing the Contract that they were informed of the specificity of the program or the manner of travel and that they do not have any health, psychological or physical restrictions for such a trip, and that they are aware of the rules and risks of travel and fully accept them;
– the Traveler confirms by signing the Contract that they accept any risks and that the Tour Leader, the Organizer, and other contractual travel performers cannot be held responsible for any possible accidents and associated medical and assistance costs abroad. There are various travel and health insurance with foreign assistance for covering these costs, for which the Traveler takes care of themselves at the recommendation of the Organizer. The Travelers are aware that they are departing on an adventurous trip that may be physically challenging at times. An individual who cannot withstand the physical or mental stress will, if possible, return with another person to the place where they wait for the rest of the group. In the event of a serious injury or illness, the individual is the care of the entire group and the program may change accordingly. Otherwise, the injured person is taken over by the representative of the insurance company or by appropriately qualified staff for care;
– in the case where an individual disrupts the atmosphere and content of the program, the Tour Leader has the right to require that such a Traveler continue the journey on their own. The Tour Leader is obliged to provide such a Traveler with information on how to reach their destination and provide contacts to arrange any necessary flight changes and return to their home country. All pre-paid excursions and other services are forfeited by such a Traveler if they do not participate;
– the Tour Leader endeavors to ensure safety during the journey, but it is not possible to guarantee this completely;
– participation in additional activities that are not related to or specified in the Tour Offer and are arranged independently by the Traveler or with the program leader, are at their own risk and at their own expense;
– during the trip, caution and care for one’s personal belongings is required, for which each individual is responsible and takes care of at all times during the trip. For any losses or thefts during the trip, each individual is responsible, and the Tour Leader is obliged to help arrange formalities to mitigate the circumstances;
– by signing the Contract, the Traveler confirms that they have carefully read and fully understood the text regarding the assumption of responsibility and risk and the statement on health condition, agrees with it in full and waives certain rights, including the right to initiate legal proceedings. Additionally, the Traveler personally, their representatives and agents, and their heirs waive all claims for damages and all claims of any kind against the Organizer and all its contractual performers for the implementation of the trip. At the same time, the Organizer, representatives of the Organizer (contractual agencies or travel partners), employees, and representatives relieve themselves from responsibility for any claims arising from compensation for damage due to personal injury, illness, accidents, death, loss of property or any other loss caused by participation in any excursion, activity or event offered, carried out or promoted by the Organizer in cooperation with representatives of the Organizer (contractual agencies or travel partners);
– the signer of the Contract knowingly, voluntarily and of their own free will assumes all risks associated with the activity they are participating in, in accordance with the applicable laws in the Republic of Slovenia. Specific risks include, but are not limited to:
– all risks associated with travel or transportation to, before, during, and/or after the reported activity, including, but not limited to, walking and/or using any vehicle, bicycle or public transportation;
– all risks associated with the nature of the activity and participation in the activity, including, but not limited to, travel or transportation, food or drink consumption, alcohol consumption, physical activity and/or athletics or any other activity performed during the activity;
– all risks relating to the occurrence of damage to personal property, rental, service, management, etc.
ARTICLE 6: PRICES AND SERVICE DESCRIPTION
Prices are stated in the Travel Quotation and Offer, unless otherwise agreed in the Contract, and are valid from the date the Offer is sent and are expressed in euros. The Traveler is obliged to pay the agreed price. Any complaints or objections regarding the quality of the services provided cannot affect the Traveler’s contractual obligation. The stated price for each trip covers the cost of planning, organizing and implementing the trip. The price of the trip includes only the services listed in the Travel Offer.
Under no circumstances does the price include services that are not explicitly stated in the Travel Offer, such as vaccinations, travel insurance, travel costs to and from the starting/return point of the trip, including international flights (if not additionally ordered and paid for by the Organizer), visa costs, personal equipment and personal expenses during the trip, and all other costs that are not included or not explicitly stated to be included in the Travel Program.
The Organizer provides the Traveler with information about additional fees, taxes, and other costs by specifying the type of any additional costs that the Traveler will still have to pay, when these costs cannot reasonably be calculated before entering into the Contract and are not included in the price and Travel Offer.
The content of the trip is a set of services described and offered in the Travel Offer, which the Organizer provides during the trip and for which a unique travel price has been published in the Proforma Invoice. For all types of additional services that are not included in the travel itinerary and for which the Traveler is interested, the parties must agree in writing before the trip, if the Organizer has the ability to provide them.
The travel itinerary is flexible and can be adapted to current weather and other objective conditions in the selected country (changed or no longer existing air / other transport, strikes, traffic accidents, unfavorable weather conditions, etc.). The Organizer therefore reserves the right to partially change the itinerary due to the specificity of the programs.
Special services are services that are not usually included in the price of the Travel Offer (such as single room, cancellation risk insurance, special diet, any additional excursions or visits, etc.), or there are supplements for them in the itinerary (visas, airport fees, etc.), so the client pays for them separately, unless otherwise stated in the Travel Offer. If the service needs to be paid during the trip, the client usually pays the Trip Leader, at the place where the service is provided, in the appropriate currency.
The travel Organizer may include air tickets in the Travel Offer. The Organizer will indicate the best available price for the requested travel dates when preparing the offer. The offers are only estimates and do not represent the firm price commitment of the Organizer or the airline. However, the Traveler can also secure the air tickets themselves if they are not included in the Travel Offer. In this case, there are legal formal obligations and rights from the purchase of the air ticket between the Traveler and the external partner/agency that issues the tickets and to whom the Traveler pays. The Organizer cannot influence and is not responsible for changes in flight times in either case and does not give advice or warnings regarding air tickets, flight status, or delays.
The travel Organizer may include transportation from the Traveler’s place of residence to the airport and return in the Travel Offer. If such transportation is not included in the Travel Offer, the Traveler secures it themselves, and the travel Organizer can assist them, but the legal formal obligations and rights from the rental of the transfer are between the Traveler and the transportation provider.
The local agency or travel partner during the implementation of the program, unless confirmed in writing by the Organizer, are not authorized to offer, sell and guarantee services that are not specified in the Travel Offer on behalf of the Organizer.
The Organizer may specify in the Tour Offer that the Traveler will pay for services provided by other providers on the spot. In this case, the Organizer does not act as an Organizer or intermediary, but only as an informant. In this case, the Traveler asserts all claims for complaints directly with the provider.
The Organizer reserves the right to change the price after the conclusion of the Contract due to (i) changes in exchange rates or (ii) changes in carrier tariffs, due to changes in fuel prices or other energy sources, or (iii) due to levels of taxes or fees for travel services included in the Contract imposed by third parties that are not directly involved in the implementation of the tourist package, including tourist taxes, landing fees, or boarding or disembarking fees at ports and airports that affect the price of travel, in accordance with applicable legislation.
If the increase in the price from the first paragraph of this article exceeds eight percent (8%) of the agreed price of the tourist package, the rules on changing the terms of the Contract apply. The Organizer shall promptly inform the Traveler of any changes in the price of the trip by e-mail. A price increase of up to 8% does not require special consent from the Traveler, but if the increase in the total agreed price exceeds 8%, the Traveler may, no later than 2 (two) days after being notified of the price increase, withdraw from the Contract without a fee, unless otherwise specified or agreed in the Contract. In this case, the Traveler is entitled to a refund of the amount paid to the Organizer for the trip within 14 days from the cancellation of the trip via e mail info@tajus.eu. If the Traveler does not inform the Organizer in writing of their withdrawal from the Contract within the specified 2 (two) days from the notice, it is considered that they agree with the new price. If the Traveler agrees to the proposed change, they are entitled to an appropriate reduction in the price if it is due to a change in the quality or lower costs of the tourist package.
Irrespective of its extent, price increases are only possible if the tour Organizer informs the Traveler of this at least 20 days before the start of the tourist package, in a clear and understandable manner on a permanent data carrier, with an explanation and calculation of this increase included.
The Traveler has the right to a reduction in price in case of a decrease in costs as mentioned in the second paragraph of this article. In the event of a price reduction, the Organizer may deduct the actual administrative costs that were incurred due to the price reduction. Upon request, the travel Organizer must provide evidence of the administrative costs.
The Organizer has the right at any time, based on market movements and its own business policy, to reduce the price of already published and offered tourist packages, whose reduction takes effect in a certain period or only in the future and has no impact on already concluded contracts. Therefore, this cannot be the basis for any claims by Travelers to the Organizer for a refund of any difference in price. Such reasons include, among others, offers for travel at the last minute or “last minute”, offers in pre-sales “first minute” or specially marked offers at lower prices, for which the hotel is not known at the time of the Contract, but the Organizer guarantees to provide at least the same level of services as the hotel category, location of accommodation, type of room and services in the hotel specified in the travel program.
ARTICLE 7: TRAVEL PERFORMANCE, CATEGORIZATION, ACCOMMODATION, TRANSPORTATION AND LUGGAGE
The Organizer will inform the Traveler via email the name, address and telephone number of the Tour Leader, and in exceptional cases, if necessary, the address and telephone number of the Organizer for emergency assistance, at least 48 hours before the start of the tourist package. Additionally, if necessary, they will provide the necessary receipts, vouchers, tickets, information on the planned departure time, and information on the deadlines for registration and the planned time of intermediate stops, transportation connections, and arrival. The Traveler must, if they have any additional questions regarding departure or return, contact the travel Organizer at least 24 hours before departure.
In the case that air tickets are included in the Travel Offer provided by the Organizer, the Organizer will provide all necessary documentation for air travel to the Traveler no later than 48 hours before the departure of the trip.
The services mentioned in the Travel Offer include standard services of average quality, common and specific to certain destinations, places and facilities. In case the Traveler wishes to have certain services outside of the program, it must be stated in the Contract. The Organizer is not responsible for descriptions of services in catalogs – publications or on websites of direct service providers (e.g. hotels, carriers, service providers, etc.), unless the Traveler was specifically directed to them.
Accommodation facilities and units, transport means and other services are described based on the official classification of the country where the trip takes place at the time of publishing the Travel Offer, and are diverse and not comparable even within the same destination.
The quality of food, comfort and services depend mainly on the price of the tour arrangement and the category selected for the chosen destination, which is determined by local and national regulations and is outside the control and influence of the Organizer.
The Organizer will carry out the program within the agreed Travel Offer, unless there are exceptional circumstances.
The start and end date of the trip, as specified in the itinerary, does not indicate the Traveler’s full day stay at the accommodation or destination. The arrival or departure time of the Travelers, as well as their entry or exit from the accommodation, is subject to the availability of flights or other means of transportation, road conditions, border crossing procedures, approvals from government authorities, technical and weather conditions, or acts of higher force that may affect the arrival or departure time of the Traveler. Acts of higher force in these general terms refer to: strikes, explosions, danger in maritime and aviation, natural disasters (fires, storms, floods), acts of public enemy, government or society (war, invasion, public unrest, strikes, failures in infrastructure (transport, energy), etc. The Organizer cannot influence the above and is therefore not responsible for such situations.
The start and end dates of the Travel Offer are intended for travel and do not represent a stay in a hotel or destination, but only indicate the calendar start and end date of the trip. The Organizer is therefore not responsible for evening, night or morning flights, entry into the accommodation in late evening hours, departure from the accommodation in early morning hours, etc.
The duration of the arrangement is determined by the number of calendar days, counted from the start day to the end day of the trip, and not by the number of hours between the time of departure and return.
The Organizer is not responsible for services provided to the Traveler by other individuals outside of the agreed Travel Offer.
If the accommodation services are agreed upon under the Contract or listed in the Travel Offer and the classification is not explicitly stated, the Traveler accepts any officially registered accommodation unit within the accommodation described in the Travel Offer, regardless of the characteristics, location of the property, floor, parking, etc. The contractual accommodation can be substituted, if possible, with an accommodation in a property of equal or higher category at the Traveler’s expense. The Traveler is obliged to accept a change of accommodation to another property of equal or higher category in the agreed upon location. A change of accommodation to properties of a lower category is only possible with the prior consent of the Traveler and with the return of the difference in price in proportion to the reduced category of accommodation.
The Traveler is obligated to familiarize themselves with and observe the rules of behavior in the accommodation facility, especially with regards to depositing and storing money, goods and valuables, bringing in food and beverages to the rooms, respecting house rules, accommodating and leaving the room at a specified time, number of people in the room, etc.
The Organizer is not responsible for the loss or theft of the Traveler’s valuables and other items, nor for damage caused by such loss or theft, nor for damage caused by non- compliance with legal regulations, prescribed rules and customs of carriers and hoteliers.
The Organizer of the trip assumes no responsibility for lost, damaged or stolen luggage or personal items, valuables, and documents in the accommodation facilities (hotel rooms, apartments, etc.) and means of transportation (airplanes, buses, ships, etc.). In air transportation, the luggage is only the responsibility of the airline based on the regulations that apply in international air passenger traffic. The Traveler must take care of their own belongings, whether they are entering the means of transportation or the accommodation facility. The Traveler must assert all of the above rights directly with the carrier, the provider of the accommodation services, etc., in accordance with the applicable international regulations, domestic regulations and valid general rules.
The above rules and standards for accommodation also apply analogously to transfer and transportation, as well as to the regulations, principles, and rules set by the transporter (e.g. transportation in any means of transportation does not mean numbered seats for sitting or meals and drinks during the trip, unless otherwise agreed upon, etc.).
The transportation of luggage up to a certain weight specified by the carrier is free of charge, every additional kilogram is paid by the client on site in the appropriate currency, or according to the conditions and valid prices of the airline carrier. If the transportation is part of the travel program, the Organizer will inform the Traveler about the allowed weight of luggage on the plane or other means of transportation at least 48 hours before the start of the trip.
ARTICLE 8: TRAVEL DOCUMENTS, HEALTH, CURRENCY AND CUSTOMS REGULATIONS
The Traveler is required to provide the Organizer with all necessary information about all participants in the trip upon registration, particularly information needed for boarding passes, accommodation reservations, and documents required for crossing borders. This information must match the information in official documents that the participants of the trip are required to carry with them in accordance with regulations regarding crossing national borders and relevant foreign legal acts. In the event that incorrect or inaccurate information causes delay, unforeseen or additional costs, or interruption of the trip, the Traveler is solely responsible for all incurred costs to the other participants of the trip.
The Organizer provides information but does not advise regarding travel documents and does not give any guarantees or warranties regarding the accuracy or completeness of any information and data regarding visas, vaccination, climate, clothing, luggage, or special equipment. The Traveler is aware that the travel Organizer is not responsible for any errors or deficiencies in this information.
The Traveler is responsible for obtaining information on which documents are valid in each country and must carry all necessary documentation and identification documents required for entry and exit from Slovenia or entry and exit to another destination. This includes a valid passport or other valid appropriate document, including all visas, permits, and certificates (including, but not limited to, vaccination certificates or medical certificates) and insurance policies. The passport or other identity document must be valid for at least 6 months until the last day of the trip as specified in the Travel Offer. If this is not the case, the client bears all damages incurred to the Traveler and/or the Organizer because the Traveler has not fulfilled his obligations. The Organizer is not responsible for any complications or interruptions of the trip that may occur due to the client’s disregard of the health regulations of the country of entry or the program to which he has registered, or the concealment of the Traveler’s illness, as well as for the costs associated with this, if it was promptly informed. The Traveler is committed to bearing all damages incurred to the Organizer if he does not fulfill his obligations.
The Traveler is solely responsible for obtaining all necessary documents, visas, and permits before the trip, as well as for the full cost of any missing or incorrect documentation. The Traveler is exclusively responsible for the full amount of any loss or expenses incurred by the Organizer as a result of the Traveler not having proper travel documentation.
The Traveler is responsible for obtaining all necessary information about customs and other regulations relevant to travel in each country. The Traveler must comply with all customs and exchange regulations of the Republic of Slovenia and any other countries they enter or pass through. The Traveler is required to obtain proper certification from border authorities regarding all valuables they are carrying and must deposit them in a safe or at the reception of the accommodation during their stay. If the Traveler fails to comply with regulations and is unable to continue the trip, they will bear all consequences and costs that arise as a result.
If the Traveler loses or has their documents stolen during the trip and they are essential for continuing the trip or returning home, they must obtain new ones at their own expense. The Traveler may seek advice and assistance from the Tour Leader or the Organizer or the representative of the travel Organizer who is organizing the trip when arranging the formalities in this regard. If the client has to interrupt the trip due to the loss or theft of documents, they are not entitled to any refund of the paid trip or reimbursement of costs (including all costs for returning home or re-joining the group).
ARTICLE 9: THE ORGANIZER’S RIGHT TO TERMINATE THE CONTRACT OR TO CHANGE THE PROGRAM
The Organizer reserves the right to completely or partially terminate the Contract and refund all payments to the Traveler without compensation for damages if exceptional circumstances arise during or before the implementation of the travel program (Force Majeure): any outbreak, explosion, maritime danger, natural disasters (fires, storms, floods), actions of the public enemy, government or social actions (war, invasion, civil unrest, strikes), infrastructure failures (transportation, energy)… which could not be expected, prevented or avoided and represent a legitimate reason for the Organizer not to have entered into the Contract if they existed at the time of the Contract; the Traveler must be informed of the termination of the Contract before the start of the tourist package without undue delay. If the travel is interrupted for these justified reasons, the Organizer has the right to compensation for actual services rendered.
The Organizer can cancel the Contract and refund all payments to the Traveler without being liable for damages if the number of Travelers is insufficient, of which they will inform the Traveler:
– 20 days before the start of the tour package for trips longer than six days,
– 7 days before the start of the tour package for trips lasting two to six days,
– 48 hours before the start of the tour package for trips shorter than two days.
In the case that the Organizer of the trip, due to the specificity of the travel program, such as being tied to current unpredictable weather conditions, allows for collecting travel applications until the last day before the trip, the time frames mentioned in the previous paragraph can be shortened to one day before the trip with the explicit agreement of the Traveler.
If not stated otherwise in the program or offer, the minimum number of Travelers is usually 10 (ten) persons. In the case of a complete cancellation of the Contract, the Organizer will try to offer the Traveler an alternative travel program to the same or another destination, which the Traveler will accept or reject in writing within 24 hours. In case of acceptance, the parties will regulate their mutual relations with a new Contract, in case of rejection, the Organizer is obliged to fully return the amounts paid for the trip to the Traveler without delay, but no later than 8 days from the date of cancellation.
The Organizer is obliged to inform the Traveler of any changes to the Travel Offer via email before concluding the Contract.
The Organizer reserves the right to change the date and time of departure for the trip due to changes in the flight schedule or the occurrence of force majeure, and the right to change the direction and program of the trip if the conditions for the trip change (new timetable, unfavorable weather conditions, uncertain situation in the country where the program is organized, natural disasters or other unexpected causes that the Organizer cannot influence), without a special compensation. The Organizer is not responsible for delays of means of transportation (airplanes, trains, ships, buses, transfers), nor for changes in the program that may arise as a result. In the event that the situation on the ground does not allow the Organizer to accommodate Travelers in the ordered property, they can be accommodated in the same location in another property of at least equal category.
The Organizer cannot be held responsible for changes to the program due to the occurrence of force majeure during the trip and reserves the right to partially change the course of the program and cancel certain planned activities if the accompanying person or the trip leader assesses that the health or safety of the Travelers may be jeopardized. The program may also change due to natural obstacles or impassable places, weather conditions, increased landslide risk and other inconveniences that the travel Organizer does not have control over and may pose a risk to the Travelers. In this case, the Organizer does not provide replacement days and bears no responsibility for missed activities and changes in the program. In the case of a missing activity, the Traveler is not entitled to a partial refund of payments or compensation for unused activities.
The Organizer informs the customer in advance about the requirements in terms of physical and mental preparedness needed to participate in the travel program. By registering, the Traveler confirms that they have no health or mental issues and that they consider themselves to be in good physical and mental condition for the trip. The leader of the trip can exclude the Traveler at their own expense if continuing the program is too demanding for them or if it impedes or endangers the execution of the program. In case of exclusion, the Traveler is not entitled to a reduction in the price of the program. The Organizer is not responsible for the poor physical and mental preparation of the participant and the resulting exhaustion or exclusion of the participant from the execution of the travel program, nor for any costs related to this.
The Organizer is exempt from fulfilling the contract if the Traveler, as part of a group trip, disrupts the implementation of the trip due to rude and undignified behavior, regardless of the warning given. In this case, if the Traveler is at fault, they are obliged to compensate the Organizer for the damage caused.
ARTICLE 10: RIGHT OF THE TRAVELER TO TERMINATE THE CONTRACT IN WHOLE OR IN PART, TRAVEL CANCELLATION INSURANCE
The Traveler has the right to cancel the trip in writing via email (info@tajus.eu) at any time before the start of the tourist package. In this case, the Organizer has the right to a refund of costs (cancellation fee), the amount of which depends on the time at which the client submitted the cancellation (cancellation scale), as follows:
– 45 days or more prior to departure: the right to a refund of all costs incurred by the Organizer, in agreement with the Traveler, prior to cancellation, such as the cost of purchasing airline tickets, and for services purchased through reservation systems, such as hotels, car rental, transfers, various tickets or fees, ferry crossings. For each of the services that the Organizer confirms and pays in agreement with the Traveler prior to cancellation, the Traveler is obliged to repay the cost. The Organizer additionally charges the Traveler administrative planning and organizational costs of the trip in the amount of €100 per Contract;
– 44 to 30 days prior to departure: the Organizer retains 80% of the travel program fee;
– 29 to 15 days prior to departure: the Organizer retains 90% of the travel program fee;
– 14 days or less prior to departure: the Organizer retains the entire (100%) amount of the travel program fee.
In case of cancellation of the trip, the Traveler must provide a clear statement sent from his contact email to the email of the Organizer. During the trip, the Traveler can, if he or she wishes, interrupt the trip with a written statement of interruption. In this case, he or she is not entitled to a refund of costs or the purchase price or the total price for the trip (neither partial nor full). If during the trip the Traveler wishes to change the program or does not travel according to the travel program, which is part of the contract concluded with the Organizer, he or she can only do so with the agreement of the Tour Leader or representative of the Organizer. The Traveler is responsible in this case for any costs and damage that may arise.
In case of withdrawal of one or more Travelers listed in the Contract, an obligation for additional payment arises, for example for a single room, a double apartment instead of a triple etc., all according to the Travel Offer and the new offer of the Organizer.
Weather or snow conditions that the Traveler is not used to are not considered as extraordinary circumstances. If the Traveler cancels the trip due to such conditions, the Organizer will proceed as in the case of a cancellation by the Traveler. A shortage or excess of snow (in the case of a trip that includes snow activities) is not considered as extraordinary circumstances unless otherwise stated in the Contract. In this case, the Organizer will offer the Traveler an alternative Travel Offer for the realization of the services. If the Traveler cancels the trip due to a lack of snow, the Organizer will proceed as in the case of a cancellation by the Traveler.
Conditions which can be insured by a trip cancellation insurance are not considered as conditions that the Traveler can claim as cancellation due to unforeseeable circumstances. The travel Organizer will handle any cancellations due to conditions that can be insured by trip cancellation insurance based on the cancellation scale of the travel Organizer defined in this article.
Regardless of the previous provisions, the Traveler has the right to cancel the Package Travel Contract within 14 days without giving a reason, in the case of a Contract concluded outside of business premises. Information about the right of withdrawal is an integral part of the Package Travel Contract. In the case that the Travel Organizer, due to the specificity of the travel program, for example, tied to current unpredictable weather conditions, allows for collecting travel applications up until the last day before the trip, the above deadline may not apply with the explicit consent of the Traveler.
ARTICLE 11: COMPLAINTS
Notwithstanding the provisions of this chapter, the Organizer shall not be liable for any damage caused by the Traveller or for which the Traveller is responsible in any case.
The Traveler must inform the Tour Leader as soon as possible and without unnecessary delay, taking into account all the circumstances of the case, generally on the spot, of any errors that he detects during the trip or during the performance of the Contract. The Traveler may also report the possible error by calling the Organizer’s telephone number or by sending an email to info@tajus.si. If the Traveler does not make a complaint in the above-mentioned way and uses the service, he renounces the right to compensation or a proportional reduction in the price of the travel program. In case of a complaint, the Travel Leader must do everything necessary to rectify the deficiencies or non- conformities as soon as possible, except if:
– it is not possible or
– it causes disproportionate costs, taking into account the extent of the non-conformity and the value of the travel services in which the non- conformities with the Contract occur.
If the travel Organizer does not remedy the discrepancy within a reasonable period of time determined by the Traveler, the Traveler may, except in cases referred to in the previous section, remedy the discrepancy themselves and claim reimbursement of the incurred expenses. The Traveler is not required to determine a reasonable period of time for remedying the discrepancy if the discrepancy is of such nature that it must be remedied immediately or if the travel Organizer does not wish to remedy the discrepancy. If the travel Organizer does not remedy the discrepancy, the Traveler may, in accordance with the legislation, claim a reduction in the price and compensation for damages.
If the travel Organizer, after the start of the travel package, finds out that they cannot provide a significant part of the travel services as agreed in the Package Travel Contract, including return, they can offer the Traveler suitable alternative travel services without additional costs for the continuation of the travel package, which are preferably of equal or higher quality than agreed. If the proposed alternative travel services result in a lower quality travel package than specified in the Package Travel Contract, the travel Organizer will appropriately reduce the price of the travel package. The Traveler can only reject the proposed alternative travel services if they are not comparable to those specified in the Package Travel Contract or if the price reduction is insufficient.
The Traveler is obliged to cooperate with the Tour Leader in good faith in order to resolve any complaints. If the cause of the complaint is not resolved or if the Traveler is not satisfied with the proposed solution on site, a written record should be made with the Tour Leader or program Organizer, which is signed by all parties present and one copy kept by each. If the Tour Leader refuses to make and sign such a record, the Traveler can make an appropriate statement themselves and the statement of credible witnesses and submission of other evidence is also suggested and made accessible to the Organizer if needed later.
If the Organizer of the travel does not resolve inconsistencies, which significantly affect the implementation of the tour package, within a reasonable time frame determined by the Traveler, the Traveler may withdraw from the Package Travel Contract without paying a cancellation fee and demand a reduction in price or compensation for damages if appropriate. If the Organizer of the travel cannot provide adequate alternative travel services or if the Traveler refuses the proposed alternative services, the Traveler may, if appropriate, demand a reduction in price or compensation for damages, even if he does not withdraw from the Package Travel Contract. If transportation is included in the tour package, the Organizer of the travel must without undue delay and without additional cost to the Traveler provide the return with equivalent means of transportation. If due to unavoidable and exceptional circumstances it is not possible to ensure the Traveler’s return as agreed in the Package Travel Contract, the Organizer of the travel covers the costs of necessary accommodation, which is as close as possible to the category agreed in the Package Travel Contract, for a maximum of three overnight stays. If EU regulations on passenger rights specify a longer period for the return of Travelers with these means of transportation, the longer periods apply in cases of use of these means of transportation. The Organizer of the travel may not invoke unavoidable and exceptional circumstances to limit liability if the relevant carrier may not invoke such circumstances in accordance with EU law.
The Traveler may demand a proportional reduction in the price for any period in which there is a discrepancy between the travel services performed and the Contract for the package tour, unless the Organizer of the trip proves that the discrepancy was the fault of the Traveler. The Traveler has the right to have the Organizer of the trip compensate him for any damages incurred as a result of any discrepancy with the Contract without undue delay, unless the Organizer of the trip proves that:
– the discrepancy was the fault of the Traveler;
– the discrepancy was caused by a third party not connected to the provision of the travel services included in the Contract for the package tour and the discrepancy was unforeseen or unavoidable or
– the discrepancy was a result of unavoidable and exceptional circumstances.
The travel Organizer limits the amount of compensation for damages caused by non- compliance with the contract to three times the total price of the package tour, except for the reimbursement of damages for personal injury and damages caused intentionally or recklessly.
If international conventions binding the Republic of Slovenia limit the scope of compensation for damage or the conditions under which the provider of individual travel services included in the package tour is liable for compensation, these limitations apply to the tour Organizer.
The compensation or price reduction received by the Traveler based on Slovenian legislation and EU regulations and international conventions are offset against each other to prevent excessive payments.
A written complaint should be submitted to the Organizer’s email address info@tajus.eu within 7 days after the end of the trip, typically. The Organizer will respond to the received complaint within 7 days of receiving it. The complaint should be accompanied by a written confirmation of the complaint by the Tour Leader and/or witnesses and any additional expense bills. The Traveler is required to state and explain the alleged irregularities and provide adequate evidence of the actual situation to support their claim.
It is in the interest of both parties for the Traveler not to initiate any other legal procedures before receiving a response to their complaint, for the sake of efficiency and reasonableness. Any request to start a legal process before the complaint resolution deadline will be considered premature.
The Tour Leader must offer immediate assistance to the Traveler who encounters problems during the trip due to unforeseen errors that are not related to the provision of contractual services and are caused by a third party or are a result of force majeure or an event that could not be prevented despite careful handling. Assistance includes providing relevant information about health services, local authorities, and consular assistance; helping to secure means of long-distance communication and finding alternative travel arrangements. If the problems arise from the intentional or negligent behavior of the Traveler, the tour Organizer may charge a reasonable fee for the assistance provided in such a case, but it must not exceed its actual costs.
ARTICLE 12: HEALTH CONDITION
By signing the Contract, the Traveler confirms that they are healthy and physically able for all aspects of travel. If the Traveler is unable to confirm this for any reason or has any health problems or disabilities that could affect travel, they are required to contact the Organizer before signing the Contract so that the Organizer can assess the suitability for travel, this assistance does not mean that the Organizer assumes responsibility for the Traveler’s health suitability for the chosen travel.
By signing the Contract, the Traveler declares that he is fully physically, mentally, and emotionally prepared and capable of participating in the activities carried out by the Organizer. His/hers medical condition includes, but is not limited to:
– physical/physical health, which includes but is not limited to the ability to walk, run, climb, bike, kayak, horseback ride, and the like;
– mental and emotional state, which is suitable for participating in activities carried out by the Organizer;
– ability to consume food or beverages served, sold or offered during the activity and is sufficient for participating in activities carried out by the Organizer;
– is not under the influence of alcohol, drugs, medication, controlled substances or narcotics that cause drowsiness, or under the influence of any other substance that may affect his physical, emotional or mental ability to participate in activities carried out by the Organizer;
– absence of any conditions, predispositions, illnesses or pregnancy, in which participation in activities could cause negative or harmful health consequences.
If any of the personal or health information provided turns out to be false or incomplete, the Organizer reserves the right to cancel the registration or the trip. In this case, the cancellation costs as specified in these terms apply and the Organizer is not responsible for any costs or expenses that may arise as a result.
The travel Organizer reserves the right to deny the Traveler permission to travel or participate in any aspect of the trip at any time and at the Traveler’s own expense, if it determines that the Traveler’s physical or mental state is not suitable for travel and poses a danger to themselves or others.
Pregnancy is considered a health condition that must be reported to the travel Organizer before and after registering for the trip. Since trips can include visits to remote regions where medical care may not be readily available and may include certain health and safety risks, the Organizer may decline the trip registration. In any case, it is the responsibility of the traveler to consult with their personal physician if in doubt about registering for the trip.
If the Traveler does not provide necessary health information either before or after registering for the trip, the travel Organizer reserves the right to cancel the trip registration. In this case, the cancellation fees as defined in these terms and conditions apply, and the Organizer is not responsible for any costs or expenses incurred as a result.
The Traveler is responsible for determining if the Organizer is suitable for carrying out the trip. The travel Organizer does not provide medical advice, so the Traveler is responsible for assessing the risks and requirements of each aspect of the trip based on their unique circumstances, limitations, physical readiness, and health requirements.
It is considered that the Traveler has read and, by signing the Contract, accepts and agrees with the content of the text on the cancellation of liability, thereby exempting the Organizer, its employees, contract agents and representatives, and their employees and subsidiary or tour guide performers (hereinafter referred to as “staff”) from liability for any and all claims, including claims arising from or related to bodily injury, illness, accident, death, loss of property, or any other loss or complaint arising from participation in any travel, excursion, activity, or event offered, performed, or promoted by the Organizer.
The Organizer assumes no responsibility for potential health care or for physical injury/death of the Traveler.
The Traveler declares that he/she bears all the costs of medical care and related costs during the trip. Insurance is not included in the price of any trip offered by the Organizer. We strongly recommend that the Traveler take out travel insurance for bodily injury, emergency medical expenses, cancellation, personal baggage and public liability before traveling. The Organizer can provide assistance upon request from the Traveler in securing insurance from one of the insurance companies in Slovenia with which the Organizer has a contractual relationship for travel. The insurance application must be submitted in a reasonable time before the trip.
ARTICLE 13: RESPONSIBILITY DURING THE TRIP AND ACCEPTANCE OF RESPONSIBILITY
The Organizer and the Tour Leader do not take responsibility for any inconvenience or even accident during the journey, over which they have no control. Each Traveler confirms by his/hers registration that they are aware of this and participate in the program at their own risk.
In case of cancellation or change of flight or refusal to board by airlines or other transport due to unforeseen weather conditions or other reasons, the Organizer does not assume responsibility and related costs. Complaints about flight delays will be sent by the Traveler independently to the airline, and the Organizer or the agency through which the tickets were purchased will assist as much as possible.
The Organizer and Tour Leader are not responsible in case of denial of entry for the Traveler. If the Traveler is detained or rejected upon entry into a country, the Traveler will be responsible for arranging all necessary arrangements for rejoining the group or returning home at their own expense. In the event that the Traveler must interrupt the program due to denial of entry or detention, they are not entitled to a reimbursement of costs (including costs for return home or re-joining the group).
The Traveler, by signing the Contract, irrevocably declares that they understand that the adventurous travels and other tourist services offered by the Organizer may involve certain health and safety risks and confirms that they have taken into account all possible health and safety risks and their personal abilities and needs when registering. Additionally, the Traveler agrees that the level and nature of the personal risk involved depends on the service booked and the location where the service is performed, and that there is a high level of risk in participating or performing physical activities, especially in participating or performing “extreme sports” or other highly risky activities. In this way, the Traveler assumes full responsibility for all such risks and releases the Organizer from all claims and causes of action arising from any losses, damages, injuries, or death resulting from risks associated with travel.
The travel Organizer is not responsible for providing information or instructions regarding local customs, weather conditions, specific safety concerns, physical challenges, or laws that apply at any location where the travel or service is offered.
The Traveler is obliged to strictly comply with customs and foreign exchange regulations, as well as regulations and laws of the countries and regions through which they travel and stay. If the Traveler does not act in accordance with the above during the trip or performs any illegal act or, in the opinion of the travel Organizer, such behavior causes or could cause danger, distress, or material damage to others, the Organizer may refuse to provide tourist services at the expense of the Traveler and without the responsibility of the Organizer. The Traveler will not be entitled to a refund for unused or missed services or costs incurred due to the cancellation of tourist services, including and without limitation for additional costs incurred (e.g. additional travel, accommodation, food) and other unforeseen costs.
The Traveler is responsible for all costs (including repair, replacement and cleaning costs) incurred by the Organizer or its suppliers due to damage, destruction or theft caused by the Traveler during the trip. The Organizer is not responsible for loss or theft of valuables and other items and for damages arising from such, or for damages caused by non-compliance with legal regulations, prescribed rules and customs established by carriers and hoteliers. The damage must be reported to the Trip Leader or the representative of the Organizer, hotel staff and the carrier staff as soon as it is discovered.
The Traveler is obligated to take all reasonable measures for their own safety during the trip, including but not limited to proper use of safety equipment (including seat belts, helmets, etc.) and adherence to all posted signs and verbal or written instructions and warnings regarding health and safety. The tour Organizer or their associates – third parties are not responsible for loss or damage resulting from non-compliance with safety instructions or warnings.
ARTICLE 14: USE OF DATA
The Organizer processes all collected passenger data in accordance with the Personal Data Protection Act and in accordance with the company’s privacy policy, which is published on the website www.tajus.eu.
ARTICLE 15: INFORMATION
Information obtained by the customer through oral, telephone, or written communication with the Organizer is not binding on the Organizer more than what is stated in the program or offer. Oral and any other information that differs from that in the Contract and Travel Program does not bind the travel Organizer. In case of doubt, the Contract always prevails over the Travel Offer, this over the Travel Program, and this over the General Terms.
In cases where the Organizer is not the travel service provider, it acts as an informant. In these cases, it provides the customer with the information received and assists him in registering for the travel or travel service. This means that the Organizer sells arrangements in a foreign name and for a foreign account. The customer settles any complaints with the service provider, but the travel Organizer assists him to the best of its ability.
ARTICLE 16: CHANGES TO GENERAL TERMS AND CONDITIONS
With the exception of changes in price as specified in these General Terms, the travel Organizer may not unilaterally change the Contract conditions before the start of the tour package, unless:
– it has reserved this right in the Contract;
– the change is negligible and
– the travel Organizer informs the Traveler of the change in a clear, understandable, and visible manner on a permanent data carrier, meaning that it is sent to the Traveler by email.
The Organizer reserves the right at any time to update or change the General Terms in accordance with the previous paragraph. The valid General Terms of the Organizer are published on the website www.tajus.eu. The new General Terms shall be deemed to be accepted by the Traveler on the day after publication on the Organizer’s website.
The Organizer recommends that the Traveler familiarize themself with the latest version of the General Terms before the start of the trip.
ARTICLE 17: FINAL PROVISIONS
The travel Organizer has the right to use photographs and other materials created during the trip for reporting and promotion purposes, while being obliged to comply with the legislation defining personal data protection and copyright laws.
In case of a dispute between the parties, the court of the Traveler’s place of residence is responsible for all disputes if the Traveler is a consumer; otherwise, the court in Ljubljana.
Out-of-court resolution of consumer disputes (SRPS): In accordance with legal norms, we do not recognize any out-of-court resolution of consumer disputes as competent to resolve the consumer dispute that the consumer could initiate in accordance with the Consumer Dispute Resolution Act. Link to the online resolution of consumer disputes platform (SRPS): https://www.gov.si/teme/resevanje-potrosniskih-sporov/.
In all prices from the Organizer’s offer, value added tax is already included in accordance with the provisions of regional legislation.
In Radovljica, February 2023
Tajus d.o.o.
Jaka Hrastnik, CEO
