GENERAL TERMS AND CONDITIONS OF COMPANY MAMUT ŠPORT, TURIZEM, D.O.O.
. terms of sale of services and tourist activities and packages plus realization of the same as organized by MAMUT ŠPORT d.o.o. (provider) and terms of sale of services and products of third parties for whom the provider acts as a broker;
In these GENERAL TERMS AND CONDITIONS, the terms used for participant in the activities and any other client is customer or passenger.
GENERAL TERMS AND CONDITIONS are binding for anybody who visits or uses provider’s online presentation and for customers who sign a contract with the provider for any/all services or activities the provider is offering and conducting as part of his business.
Any visitor and user of the online presentation expressly agrees with usage and accepts provider’s GENERAL TERMS AND CONDITIONS. Customer/participant is informed and agrees that in case of buying certain activities or services from third parties/providers their terms and conditions and contracts are binding for said customer/participant.
MAMUT ŠPORT d.o.o. is a travel agency which
. acts as a broker for sports activities and experiences of other providers (rafting, canyoning, paragliding, acrobatic stunt flying, ice climbing, ziplines…);
. is organizing and selling daytrips around Slovenia;
. acts as an authorized broker for daytrips of other providers;
. operates all kinds of transport services around Slovenia and if arranged around Europe as well;
. rents out sports equipment (bicycles, scooters, SUPs,…)
For all the above sports activities, experiences, activities and services offered and operated by MAMUT ŠPORT d.o.o. the terms services or activities is used in this document.
These GENERAL TERMS AND CONDITIONS are integral part of any contract between provider and customer for any one of services or activities offered and operated by the provider. These GENERAL TERMS AND CONDITIONS apply to services and activities operated by the provider and for sales of services and activities of third parties for whom the provider acts as an authorized broker.
All sports activities and experiences offered and sold by provider are operated by third parties. They determine the conditions under which the sports activity or. experience will take place and the customer must comply with them. These third party providers of sports activities and experiences are fully responsible for safe and professional execution of services. For the sale of services and activities offered by third parties these GENERAL TERMS AND CONDITIONS apply as well as requirements and general terms and conditions of said third party providers. Customer expressly agrees with provisions and usage of general terms and conditions of third party providers for whom the provider acts as a broker.
If the provisions for an individual package or service arranged by customer differ from these GENERAL TERMS AND CONDITIONS the provisions from the separate contract apply.
The contract between provider and customer is concluded when the provider gets the reservation fee, which represents 30 % of the price of the chosen service or activity, from the customer in his bank account. Reservation fee is considered payed when provider gets the sum in his bank account.
The provider excepts the reservations for activities and services
-directly in one of the two branches:
. in Bled, Cesta svobode 4a
. in Ljubljana, Trg Osvobodilne fronte 13
-on the phone number 040 121 900
-on e-mail address email@example.com
– on online applications of third party providers acting as brokers for services/activities organized and sold by MAMUT ŠPORT d.o.o. When customer reserves a package on online applications of third party providers the general terms and rules of these third party providers are binding for the customer as well.
Any verbal order containing name and surname of customer/participant and possible other participants, payment card number or any other means of payment, or any other action showing that the participant provided his data for reservation is considered as a reservation by provider.
Provider reserves the right to check if the service or package is doable and informs the customer about that in 24 hours after the conclusion of the contract. If the activity is not doable but the customer has already payed the reservation fee the provider refunds the payed sum to the customer.
The participant is obliged to provide complete and correct data required by the provider and operator of service//activity. If the participant provides incorrect or incomplete data, he/she is fully responsible for all the costs and consequences of this action.
Prices of packages and services are in euros (EUR) and already include VAT.
Customer can pay for service/activity:
-directly in one of the branches with cash or credit (payment) card in accordance with terms and conditions of financial institutions;
-paying pro forma invoice to the provider’s bank account;
-using web site https://www.slovenija.eu.com
-using web sites of contractors acting as sales agent for MAMUT ŠPORT d.o.o. services.
Total amount for service/activity must be payed, on the day the said service/activity is taking place before it starts at the latest. If not, the provider will regard this as cancellation of the contract. Only full payment according to agreed terms guarantees the customer a place for particular service/activity.
Provider reserves the right to cancel the contract if before or during and activity circumstances arise (vis major, weather conditions, participant not being physically fit, etc.) which couldn’t be anticipated and thus avoided or prevented and are for provider valid grounds to cancel the activity especially if there is a possibility the customer would be jeopardized. If provider cancels the contract for reasons not on the side of customer the provider will refund the customer all the costs of reservation.
Provider can cancel the contract if the number of participants registered for particular activity is less than this particular service/activity requires. Minimum number of participants for each service/activity to take place is listed in the schedule for each individual service/activity. In case of not enough participants provider can cancel the contract one (1) hour before scheduled time for the particular activity at the latest. In this case provider will refund the customer the payed amount but is not responsible for any damage as a consequence of the cancellation of the contract.
The customer can cancel the contract 48 hour before the scheduled time for particular activity at the latest. In this case provider will refund the customer payed reservation fee. If the customer tries to cancel the contract later than 48 hours before scheduled time or the customer doesn’t cancel the contract and doesn’t come to the designated place at the designated time, the provider will keep the reservation fee.
The customer has to lodge their complaint about a service on the spot with the representative of the provider. If the problem can’t be solved on the spot the customer has to request a written confirmation about the problem with all the details and send a written request for solution of the problem to the provider in 30 days after the activity or service was concluded.
Provider has to reply to the customer in 8 days after receiving their written request.
Provider has to make sure all the services he himself is providing are done correctly as well as carefully choose the contractors for other services/activities. Provider has to operate the services/activities as listed in the schedule and is responsible for partial or complete nonexecution of a service/activity as listed in section 5.
Provider is not responsible for quality of services, packages and activities for which he was only a broker of contract. Provider is not responsible for any damage a customer may suffer in connection with or participating in activities for which the provider was just a broker of contract. In this case provider is responsible for brokerage only.
All the services and activities are intentionally designed and organized in a way that includes unmarked trails to the destination, transport links and infrastructure are usually bad and may differ from those in customer’s home country.
Individual activities include physical activity, which can be quite demanding so the customer has to be physically fit. The customer is obliged to judge and check if a particular service or package is suitable for their physical fitness, health and age. Provider is not responsible or liable to customer if customer is not physically fit, healthy or of suitable age for a particular activity. Some activities and packages can be risky and there is a possibility of major injuries, disablement or even death. There is a great probability that some destinations for activities and packages are hard to reach or unreachable for medical intervention.
Customer are responsible for their property and personal belongings and have to protect them. Provider is not responsible for any theft, loss or destruction of customer’s property.
Provider collects, processes and forwards data for sole purpose of execute signed contracts or. reservations o services/activities and to execute necessary steps before signing of these in accordance with Regulation (EU) 2016/679 of European parliament and Council and Slovenian Personal Data Protection Act (ZVOP-1). Signing the contract customer agrees to allow the provider the use of his personal data for purpose of statistical processing, direct marketing and notifications about services, quality control and offers of provider and his business partners. For the latter purpose provider is allowed to give customer’s personal data such as name, surname, address, e-mail address and phone number to a contractor who personalizes and sends the newsletter about offers. If the customer doesn’t want his personal data processed, he can state so when registering with the provider of can revoke his agreement at a later time.
Customer is obliged to protect data he’s using for registration for a service, package or activity.
In case of unauthorized disclosure or use of data used for registration provider is not liable for any damage suffered by customer.
Provider (carrier in this section) operates different kinds of transport services in the course of tourist activities, occasionally on customer’s request around Slovenia and taxi service in Bled. Vehicles used for transport services are licensed for transport of people, are properly insured and comply with the law. Provider has a mandatory insurance policy for passengers with Zavarovalnica Triglav d. d. The price already includes the price of insurance.
Provider/carrier and passenger sign a contract for transportation. This contract binds the carrier to transport the passenger to designated destination at designated time with suitable vehicle according to the terms of contract.
Smoking and eating in the vehicle, damaging vehicle interior, dirtying it, opening doors of moving vehicle etc. is strictly forbidden.
Passenger is liable for any damage he caused in the vehicle with such forbidden actions.
Carrier can refuse to accept the passenger if:
-the passenger does not comply with security instructions or with regulations for public law and order;
-the passenger acts inappropriately or aggressively thus jeopardizing other passengers and driver, or harassing other passengers and making them feel uncomfortable;
-the passenger has dangerous baggage.
In said cases the carrier is not obliged to refund payed fare and is not liable for any damage suffered by this passenger.
If passenger is late, meaning he is not at the designated place at the designated time the carrying contract is void. The carrier is not obliged to refund any payed reservation fees or fare.
When arranging the transport with the carrier, especially about the hour of departure and especially if he is connecting with other transportation or carrier, the passenger has to take in to account possibility of delay because of weather or traffic conditions (congestion, accidents). The passenger is responsible to choose an hour of departure to guarantee he gets to his destination on time.
If the carrier is more than 30 minutes late with departure the passenger can cancel the contract and request a refund.
If the carrier is late because of traffic congestion, car accident or other circumstances the carrier could not anticipate, avoid or prevent with due diligence, the carrier is not liable for damage suffered by passenger.
INTERRUPTION OF TRANSPORT
If the vehicle breaks during transport and the transport is interrupted the carrier is obliged to transport passenger and his baggage to the destination with another vehicle if the passenger wishes so, or the passenger can cancel the contract and request refund. In case the carrier did provide replacement vehicle for transport the passenger has no right to refund of fare or any damages.
If the transport is not possible or is interrupted because of vis major (circumstances independent of wishes of both parties which were unpreventable with due diligence such as extreme weather), exceptional circumstances or reasons not of carrier’s doing (traffic accidents, traffic congestion…) and the further transport is not possible because of these the passenger has no right to recovery of any (other) costs and damages except when the transport was cancelled or interrupted because of intentions or gross negligence of the carrier.
The carrier is not liable for damage, suffered by passenger because of delay of interruption of travel except if he can prove that the damage is a consequence of gross negligence of the carrier.
Claim for compensation for delay or interruption of travel must be sent to the carrier in 8 day from the day the travel ended.
The transportation contract includes the price for baggage as well. Carrier sets the acceptable number, weight and size of pieces of baggage according to capacity of the vehicle used for the transport. Carrier can refuse to take baggage if it’s quantity, weight or size is not in compliance with carrier’s rules, if the baggage is not packed correctly or if the baggage could jeopardize safety or health of other passengers. The baggage may not contain explosives, radioactive substances, infectious substances, toxic substances, flammable substances, substances containing bacteria or viruses or substances in any way harmful to safety, health and life of passengers and third parties.
Carrier is not liable for breakage or damage of technical appliances, breakable or perishable goods if he takes them for transport.
At the end of travel carrier is not obliged to check if the passenger has the right to pick up the baggage.
If the baggage is damaged or lost the passenger has to complain to the carrier immediately at the end of travel otherwise the carrier is not liable for damaged or lost baggage.
Rental for sports equipment is payable beforehand. The customer signs a rental agreement and with his signature agrees with these general terms and conditions.
It can be arranged to switch rented equipment for another one of same quality and value. Or for equipment of better quality but you have to pay the difference in price. If the customer wishes to switch rented equipment for one of lower quality the provider is not refunding the money.
Customer is fully responsible for the rented equipment. If the equipment is damaged when in use by customer the customer is liable for the damage. The customer has to repay 70 % of the price of the new equipment.
If the customer is late returning equipment, he has to pay for additional rent day according to price list. If the customer returns the equipment before the due date the provider is not refunding any money.
If the customer doesn’t return the equipment in two (2) days after the due date the provider will file a theft report with the police.
If the equipment is stolen from the customer when he rents it the customer has to report the theft to the police. The customer is liable for stolen equipment and has to repay the full value of the stolen equipment.
The customer is using the rented equipment on his own responsibility. Provider is not liable for any damage (physical injuries etc.) suffered by customer while using the rented equipment (falls, accidents…).
Provider can change these GENERAL TERMS AND CONDITIONS any time. The provider does not guarantee that published content is correct and complete and reserves the right to change offered content and program anytime.
Any disputes fall under the material jurisdiction of
These GENERAL TERMS AND CONDITIONS were adopted by
MAMUT ŠPORT, TURIZEM d.d.o.
Director Jurij Urankar