GENERAL TERMS AND CONDITIONS ActiveHolidays.si
By using this website, you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this disclaimer notice you should not use this website. While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and ActiveHolidays.si and all its brand of websites makes no representations or warranties in relation to the accuracy or completeness of the information found on it. We reserve the right to alter the content on any of our websites at any time, for any reason, without prior notification. Neither are we responsible for possible consequences of such changes. From time to time this website may include links to other websites. These links are provided only for your reference or convenience. They do not signify that we endorse the website(s) that we are linking. We are not responsible for the accuracy or reliability of these external sites, nor are we responsible for the content, advertising, opinions, products or other materials on external sites or information sources. If you use, or make decisions in reliance on information contained from any of these external websites, you do so at your own risk. We are not liable for any actions taken by you based on any information contained in any link. We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction.
These Terms and Conditions govern the relationship between you and ActiveHolidays.si Adventures by ActiveHolidays.si. By downloading free plan solution or booking an activity, you agree to be bound by these Terms and Conditions. They affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT
Hereafter “customers” or “client” shall refer to the person or persons named in the booking including minors, and “agent” or “supplier” as any person, organization or company that sells ActiveHolidays.si services through an agreement with ActiveHolidays.si. All clients who downloaded free plan solution (all options), wishing to make a booking have carefully read and understand the Terms and Conditions, Cancellation Policy & Waiver with acknowledgement of risks that follow. By making a booking the client accepts to be bound by these Terms and Conditions. ActiveHolidays.si and all agents reserve the right to decline any booking. The service to be provided are the activities referred to in the booking confirmation.
2. MEDICAL CONDITIONS
If any customers suffer from any conditions, physical, mental or otherwise, they are obligated to notify ActiveHolidays.si in writing prior to booking. ActiveHolidays.si reserves the right to decline a booking if said conditions pose a danger to any customer. Likewise, failure to notify ActiveHolidays.si of any such condition may result in the customer’s denial of services. Women who are or think they might be pregnant must consult a physician before engaging in any activity with ActiveHolidays.si or before booking any activities. Any customer who is concerned about their ability to travel should contact ActiveHolidays.si. The company will endeavor to recommend an activities suitable for their needs.
3. TRAVELING WITH CHILDREN
The minimum age for clients attending ActiveHolidays.si activities varies according to each activity. It is the client’s responsibility to determine the minimum age requirements according to each activity before requesting a booking from ActiveHolidays.si. Clients should consult the activities information and details on www.ActiveHolidays.si. for each activity. Children under 14 must be accompanied by an adult. An adult is defined as anyone over 18. All inquiries with respect to children are subject to review and approval by ActiveHolidays.si. ActiveHolidays.si reserves the right to restrict the number of travelers under the age of 18 on activities.
4. CREDIT CARD CHARGES
ActiveHolidays.si charges fees on credit cards according to the country of operation or destination country. ActiveHolidays.si is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the tour cost.
5. CANCELLATION OF ACTIVITY BY THE CLIENT or AGENT
Customers and booking agents must notify ActiveHolidays.si of any cancellations. ActiveHolidays.si will not provide discounts or refunds for missed or unused services, whether voluntary or involuntary.
A deposit or a full price which has been paid for any service to ActiveHolidays.si and for reasons such as unpredictable or unsafe conditions this activity is canceled, the amount will be fully refunded. However any activity with ActiveHolidays.si can be changed or canceled with the following fees: 0% (no) fee for cancellations more than 5 days prior to activity, Within 5 days prior to tour departure we will do our best to reschedule at no costs. Possible additional costs (changes of fares) are covered by guest, or 70% refund can be issued. 48 hours prior to tour departure time no changes are possible.
*Refund requests must be provided within 30 days of tour date.
Cancelations within 48 hours of tour departure time and no-shows are not eligible for refund.
Once a booking is made significant expenses and commitments are incurred on your behalf. We can not offer any refunds if you are later forced to cancel for any kind of reasons, as we operate with very limited number of places.
We strongly recommend purchasing cancellation insurance next to your travel insurance – especially for all guests who are prone to cancellations in the last 3 days (72 hours) prior to Activity.
6. CANCELLATION OF ACTIVITY BY ActiveHolidays.si
ActiveHolidays.si reserves the right to cancel any activity for any reason, but will only cancel an activity less than 12 hours before departure for unusual or unforeseen circumstances outside ActiveHolidays.si control (Force Majeure) or if there are too few people to operate an activity. When ActiveHolidays.si cancels an activity, the client may choose between a full refund of all monies paid or any alternative activity available and offered by ActiveHolidays.si. If the alternative activity is less costly than the original then ActiveHolidays.si will refund the difference. Similarly, if the alternative is more costly then the customer is obligated to pay the difference. ActiveHolidays.si is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the booking.
7. PRICE VALIDITY
The prices in this document are in effect at time of printing. ActiveHolidays.si reserves the right to alter prices at any time. Customers should go to www.ActiveHolidays.si.com for the most recent prices.
8. RESPONSIBILITY AND AUTHORITY
ActiveHolidays.si guides, instructors, pilots, drivers and representatives decisions are final on all matters. ActiveHolidays.si does not tolerate illegal drugs and alcohol. ActiveHolidays.si reserves the right to immediately expel from the group anyone engaging in these activities. Any financial loss on behalf of the customer is not to be reimbursed by ActiveHolidays.si.
9. FACTORS OUTSIDE ActiveHolidays.si CONTROL (FORCE MAJEURE)
ActiveHolidays.si endeavors to conduct its operations safely. However, ActiveHolidays.si is not liable to customers in the event of injury, death, financial loss or any other damages incurred as a result of Force Majeure.
Customers engaging in ActiveHolidays.si activities are recommended to carry travel insurance that covers medical expenses, personal injury, repatriation and evacuation. Further amendments to your policy, such as trip cancellation, and loss of luggage and personal effect are also encouraged. ActiveHolidays.si will not be held liable for lost or stolen luggage.
11. LIMITATION OF LIABILITY
ActiveHolidays.si organizes services and holds contracts with a network of companies and organizations to make activities possible. Customers release ActiveHolidays.si and its third party contractors from any liability resulting from pain, injury, death, damage or loss of pleasure suffered directly or indirectly as a result of participation in all activities or as a result of ActiveHolidays.si or its contractors actions or facilities. Implied warranty is excluded from these Terms and Conditions.
12. CLAIMS AND COMPLAINTS
In the event that a customer has a complaint against ActiveHolidays.si, the customer must first file a complaint to the ActiveHolidays.si office at the time the complaint arises. The customer waives any complaints if they cannot reasonably demonstrate that the complaint was lodged immediately. The ActiveHolidays.si representative is best suited to address customer complaints. If necessary, the representative will contact general manager. If the customer is still unsatisfied then the customer must file a written complaint to ActiveHolidays.si within 15 days of the end of the activity. ActiveHolidays.si will not accept any liability for claims received after this period.
13. SUPPLIERS’ TERMS AND CONDITIONS
ActiveHolidays.si organizes activities and has contracts with agents and suppliers. Customers will be bound by agents’ and suppliers’ own terms and conditions. ActiveHolidays.si may supply copies of third-party conditions but makes no guarantee of doing so. The customer may not make the same claim and seek the same recovery against both ActiveHolidays.si and its suppliers.
ActiveHolidays.si encourages customers and the client to distribute their photos through ActiveHolidays.si. ActiveHolidays.si occasionally hosts photo contests for its customers. All such images or video are provided with a perpetual, royalty-free, worldwide, irrevocable license to ActiveHolidays.si to use in any medium for any purpose.
Pictures on the website ActiveHoliday.si are property of Društvo za razvoj aktivnega turizma, Feel Slovenia, portal Slovenia.info: Credited photographers (Tomo Jeseničnik, Joža Mihelič / Turizem Bohinj, James Relf Dyer, Beautiful Destinations, Jošt Gantar, Jacob Riglin, Beautiful Destinations, Nea Culpa d.o.o., Nikola Jurišič, Uroš Novak / Turizem Bohinj, Anže Čokl, Mojca Odar / Turizem Bohinj, Matej Vranič, Iztok Medja, Tomo Jeseničnik / Turizem Bohinj, Branko Cvetkovič, Arhiv Terme Snovik, Aleš Frelih, Arhiv LTO Kranjska Gora, foto: Bor Rojnik, Arhiv LTO Kranjska Gora, foto: Matjaž Vidmar, Arhiv LTO Kranjska Gora, foto: Iztok Noč, Alan Kosmač, Sidarta d.o.o., Boris Pretnar, Jaka Jeraša, Jurij Pivka, Zvone Butala, Arhiv ZTKMŠ Brda, Andrew Lloyd, Soča Outdoor Festival 2016, arhiv Soča Outdoor festival, Domen Grögl, Marko Šinkovec, Aleš Fevžer, Matevž Lenarčič, Jure Kravanja, Barbara Kožar, Ubald Trnkoczy, Boštjan Burger, Postojnska jama d.d. Postojna, Dragan Arrigler, Postojnska jama d.d. Postojna, Marijan Močivnik, Arhiv Občina Komen, Dejan Šuc, Dean Dubokovič, Blaž Jereb, Dunja Wedam, Ana Pogačar, Arhiv Terme Olimia Aleš Zdešar)
15. APPLICABLE LAW
The Terms and Conditions including all matters arising from it are subject to the law and the exclusive jurisdiction in the courts of the Republic Slovenia and will be governed exclusively by Slovenian law.
16. ERRORS AND OMISSIONS
These Terms and Conditions have been written in good faith and every effort has been made to accurately reflect ActiveHolidays.si policies. ActiveHolidays.si cannot be held responsible for any error, omission or unintentional misrepresentation that may appear in this document or on its websites.
18. COMPANY DETAILS
Cankarjeva ulica 5
Slovenia – Europe
19. UPDATES TO TERMS AND CONDITIONS
ActiveHolidays.si reserves the right to update and/or alter these terms and conditions at any time. The client must remain updated with any such changes. Last change 30.6.2017
ACKNOWLEDGEMENT OF RISK – WAIVER, RELEASE & INDEMNITY OF LIABILITY
(This release shall be accepted ONLY once and remain current and binding for ANY OR ALL OF ActiveHolidays.si ACTIVITIES PARTICIPANT/RELEASOR/GUARDIAN HAS SELECTED throughout the entire stay in Slovenia.)
In connection with my enrollment in a ActiveHolidays.si trip, tour, activities, transfers and any services of this reservation to another trip, including any pre-trip and post-trip extensions in which I participate, (collectively defined as the ‘Trip’):
Participants under the age of eighteen (18) must have this “Acknowledgment Of Risk – Waiver, Release & Indemnity Of Liability” signed by a parent or guardian in order to participate in any of ActiveHolidays.si tour or activity. Releasor acknowledge that the following minors in releasor’s care and control are also considered named releasor’s who are fully covered and governed by this Acknowledgment of risk – waiver, release & indemnity of liability. No one under six (6) years old may participate in any way in ActiveHolidays.si activities. All minors under the age of 14 must have a parent or guardian present at all times of Trip, tour and activity.
I acknowledge that a deposit or a full price which has been paid for any Trip to ActiveHolidays.si and for reasons such as unpredictable or unsafe conditions this Trip is canceled by ActiveHolidays.si, the amount will be fully refunded. However any Trip with ActiveHolidays.si can be changed or canceled with the following fees: 0% (no) fee for cancellations more than 5 days prior to activity, Within 5 days prior to tour departure we will do our best to reschedule at no costs. Possible additional costs (changes of fares) are covered by guest, or 70% refund can be issued. 48 hours prior to tour departure time no changes are possible.
*Refund requests must be provided within 30 days of tour date.
Cancelations within 48 hours of tour departure time and no-shows are not eligible for refund.
I acknowledge that: Activities with ActiveHolidays.si (hereinafter ‘ActiveHolidays.si’, which term includes ActiveHolidays.si related and affiliated companies and their employees, guides, instructors, pilots, drivers, officers, directors and agents) are intentionally designed to take clients ‘off the beaten path’, to places where facilities, infrastructure, and safety and other standards may not be sophisticated and may be different from those in my country.
On the Activities with ActiveHolidays.si I might encounter whitewater rapids and changing water flows, and there is the possibility of being jolted, jarred, bounced, thrown to and from, and shaken about. I realize that prolonged exposure to cold water can result in hypothermia and death. Trips involve physical activity that can be demanding depending on the condition of the client and the risk of serious personal injury including permanent disability and death from accident, illness or the actions of other persons. Medical facilities and services may not be easily accessible and may not be sophisticated. Guests and clients may encounter other environmental dangers, such as falling and rolling rocks, sudden storms, lightning, blizzards, avalanches and flash floods. I might become lost or separated from my drivers, guides or instructors.
Our Trips and Activities involve a good amount of time spent in a vehicle, aircraft or boat, so car-sickness, air-sickness, discomfort or some other forms of motion-sickness may develop. I may be exposed to bacteria, viruses and diseases that are rare or unknown in my home country. I may encounter and be attacked by dangerous wildlife. There are also risks associated with the Trips such as theft or loss of or damage to property. Some of the services provided in connection with the Trips, including lodging, transportation, food service and local activities, are obtained from independent suppliers over whom ActiveHolidays.si has no control.
I am ultimately responsible for my own safety. In the event of an accident, rescue and medical treatment may not be immediately available. Guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions that are subject to errors in judgment and cannot and should not be associated with fault at a later point in time.
Participant/releasor/guardian further warrants that neither participant/releasor/guardian, nor any guests and minor children in his/her charge, have any known medical condition(s) or disabilities incompatible with the safe participation in any or all of the activities participant/releasor/guardian has selected, and further described herein. Participant/releasor/guardian agrees to advise a staff member of any such medical conditions or disabilities so that the staff may assist in determining whether there is any reasonable accommodation(s) which may be made.
LIMITATION OF LIABILITY AND RELEASE
I am aware of the risks involved and I am voluntarily undertaking Trip. I understand that whilst ActiveHolidays.si will take every precaution to ensure my safety, ActiveHolidays.si will not be held liable for any loss or damage suffered by any person and property as a result of their participation in any such activity.
I understand and have carefully considered the risks involved in taking a trip of this nature. I accept those risks and assume full responsibility for any loss, injury or damage to me, my family, my friends or my dependents arising in connection with my participation, or the participation of members of my family or my friends, in the Trip. We have our own insurance appropriate to our needs in respect of such loss, injury or damage.
I accept that although ActiveHolidays.si endeavors to choose appropriate independent suppliers to provide services on the Trip, ActiveHolidays.si has no right to control their operations and therefore makes travel arrangements for the Trip on the condition that ActiveHolidays.si will not be liable for any negligent or willful act or omission of any independent supplier, or any other unrelated third party.
I further accept that all photos and videos taken on tours, activities and adventures operated by ActiveHolidays.si are property of ActiveHolidays.si. All such images or video are provided with a perpetual, royalty-free, worldwide, irrevocable license to ActiveHolidays.si to use in any medium for any purpose.
In consideration for ActiveHolidays.si accepting me on this Trip I agree that I will not sue ActiveHolidays.si, in respect of, and hereby forever release and discharge ActiveHolidays.si on behalf of myself, my parents, my heirs, my friends and other assigns, and my estate as follows from all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the Trip – including without limitation permanent disability or death; any emotional distress; any loss of services, financial support, aid consortium or companionship; any damage to or loss of property – in each case, even if caused, in whole or in part, by the conduct, including the negligence, of ActiveHolidays.si.
I further agree that I will indemnify ActiveHolidays.si in respect of any claims for loss, injury or damage made by: i) my family members, my friends, dependents or heirs, or ii) third parties, which I, my estate, my family members or dependents have sued if damages are recovered from such third parties to the extent the third party claims and obtains complete or partial indemnification from ActiveHolidays.si.
I acknowledge that I have read and accept the further terms and conditions set out in the this document and ActiveHolidays.si web site. I acknowledge that ActiveHolidays.si reserves the right to decline accepting or retaining any client whose health or actions, in ActiveHolidays.si’s sole judgment, impede the operation of a trip or the welfare or enjoyment of fellow clients.
Individuals under influence of alcohol or any kind of other drugs are not allowed to participate in any of ActiveHolidays.si trip, tours or activities. Individuals with health concerns, including but not limited to: neck, back or shoulder problems, injuries, pain or instability; heart conditions or disease; seizure disorders or problems with balance; women who are pregnant – are not allowed to participate in all ActiveHolidays.si tours and activities. Any other health conditions or concerns must immediately be brought to the attention of ActiveHolidays.si staff. If I am aware of a medical condition or disability which may interfere with the safe participation or enjoyment of ActiveHolidays.si tours and activities, and I am aware of a reasonable accommodation which may accommodate me, my children, my family and my friends in my charge, I agree to bring same to the attention ActiveHolidays.si staff for consideration.
Individuals who are not able to swim should point that out at the time of booking the activity, so the stuff can update the guides and further procedures and recommendations can be discussed. Guests who are not able to swim are not allowed to participate in any water activities organized or operated by ActiveHolidays.si
Weather conditions are very unpredictable in our mountainous region Slovenia. Most of weather forecasts (especially on mobile devices) low levels of accuracy.
ActiveHolidays.si reserves the right to change the schedule without previous announcement if it comes to traffic delays and road blocks or other unpredictable situations. ActiveHolidays.si will not accept responsibility caused by the change of the schedule beyond the organizers control.
I agree that ActiveHolidays.si are the trustee of the respective rights of ActiveHolidays.si under this agreement. I intend that this Acknowledgment of Risk, Release and Indemnity, will be binding on all members of my family, my dependents, my estate, my heirs, successors and legal personal representatives. I agree that any claim or dispute arising out of or relating to this Acknowledgement of Risk, Release and Indemnity, or its interpretation, the Trip, or my relationship with ActiveHolidays.si will be resolved exclusively in the courts of the Republic Slovenia and will be governed exclusively by Slovenian law.
RELEASE AND WAIVER OF RIGHTS, INCLUDING FOR CLAIMS OF NEGLIGENCE
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ActiveHolidays.si from any and all claims, demands, or causes of action in anyway connected with my participation in this activity or my use of ActiveHolidays.si’s equipment or facilities, including any such claims which allege negligent acts.
We believe in listening to you and asking the right questions. Everyone is always welcome at any times to express their thoughts, requests or any further questions they might have before booking, during or after all our activities and we’ll be more than happy to answer, help and try to meet all requests, suggestions or any needs.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE CAREFULLY READ THE ABOVE ACKNOWLEDGEMENT OF RISK, RELEASE AND INDEMNITY. I UNDERSTAND THAT THIS DOCUMENT GOVERNS MY RIGHTS AND LIMITS MY POTENTIAL REMEDIES AND I NEVERTHELESS SIGN IT VOLUNTARILY AND KNOWINGLY.