1. Subject of Contract
The subject of this contract is the regulation of mutual relations between Mountain Traveller Croatia (hereinafter MTC) and the CLIENT respectively the contractor of the travel package/activity in cases where the contractor of the travel package/activity signs the contract in favor of a third party client as well as the CLIENT as the passenger, the end-user of MTC’s services (hereinafter CLIENT).The contract is considered binding after the MTC employee and the CLIENT have signed it and after the CLIENT has paid the price of the travel package/activity in its entirety or partially with undisputed insurance of payment of the balance by the agreed upon date. If the CLIENT is unable to personally sign the contract, the contract shall take legal effect only when MTC receives contracted payment for the travel package/activity in its entirety or if it has been expressly agreed upon, part of the contracted payment accompanied by documentation that indisputably insures the payment of the balance by the agreed upon date. When signing the contract the client is obliged to provide personal data and duly provide all the documentation necessary for the organization of the travel package/activity.
2. Reservation and Payment
In order to ensure your place in the MTC activities, clients must fill out a request and upon receipt of the offer they sent a reservation confirmation and deposit payment.The deposit is paid in the amount of 50% of the total price of the selected activity. The rest of payment is to be paid no later than 15 days before the date of the activity or documentation is provided of indisputable insurance of total payment of the activity. Whereupon the client does not fulfill his/her obligation no later than 15 days prior to the date of the trip, it shall be deemed that he/she has cancelled the reservation without the possibility of refunding the deposit.Payments can be made via the account at Splitska banka: 2330003-1153288854 (IBAN: HR3323300031153288854).
3. Price
MTC activity prices are based a contract basis with our partners and do not necessarily match the prices stated on site therefore any difference in price may not be the subject of a complaint.MTC may require an increase in the contracted price up to 21 days before the date of the selected activity if changes in the exchange rate have occurred after the signing of the contract or if there is an increase in the entrance fees, transportation costs, including fuel expenses or tax expenses that MTC was unaware of or unable to be aware of.In that case the prices of the selected activity will increase reciprocally to the prices of the calculated elements that were used to as a base to form the price. The client agrees to accept the increase in the contracted price up to 10%. If there is an increase in the contracted price of more than 10% the client has the right to withdraw from the selected activity, provided that MTC is notified in writing no later than 2 days from receiving notice of the price increase. In case of withdrawal from the selected activity, the client is not entitled to compensation. If the client does not notify MTC in writing of his/her withdrawal within the stated deadline, it is considered that he/she agrees to the price change.
4. Liability Insurance
Pursuant to the Act on the Provision of Tourism Services in Adventure Tourism MTC has a binding liability contract with Euroherc Insurance (Euroherc osiguranje d.d.) (Contract number: 802260695) for damages caused to a passenger due to failure to meet obligations or partially meeting obligations or inconsistently meeting obligations which are related to the travel package.5. Insurance in case of insolvency or bankruptcy of tour organizer
In case of insolvency or bankruptcy of the tour organizer, the passengers who have found themselves on the trip must contact the insurance company as soon as possible: Euroherc osiguranje d.d., Obala kneza Branimira 5,23000 Zadar, telephone number: +385(0)23 396000, fax: +385(0)23 396209. This document is valid as confirmation of insurance in case of insolvency or bankruptcy of the tour organizer. Guarantee Insurance Policy Number: 802260694.6. Accident insurance
Pursuant to the Act on the Provision of Tourism Services in Adventure Tourism (article 56, paragraph 3) MTC has a binding accident insurance policy with Euroherc osiguranja d.d. (policy number: 802292151).7. Travel Insurance
Due to specificity of activity, we strongly recommend Trip Insurance from a reputable company. Coverage is reasonably priced and can cover your expenses in the event you need to cancel your trip or your trip is affected by acts of nature.8. Cancellation by Client
If a client cancels a paid travel package/trip, MTC is entitled to retain the following amounts of the total price of the travel package:- Up to 30 days prior to departure, 10% of the travel package price no less than 100 HRK
- 29-22 days prior to departure, 30% of the travel package price
- 21-15 days prior to departure, 40% of the travel package price
- 14-8 days prior to departure, 50% of the travel package price
- 7-0 days prior to departure and after departure, 70% of the travel package price
- No show – 100 % of the travel package price
9. Changes to the Activities
Considering the activities that are offered, MTC reserves the right to make changes to trips, accommodations and itineraries at any time. Although it is unlikely that everything might change, usually it is a matter of minor changes. If there are major changes and addendums the client shall be informed prior to any changes being made. MTC will always endeavor to provide the activities according to the original planned program.10. Cancellation by Mountain Traveller Croatia
MTC reserves the right to cancel trips. If we are forced to cancel a trip we will attempt to find an adequate replacement. However MTC may not be held liable for any other losses incurred as a result of the cancellation of the planned activity.Cancellation of a planned activity may occur due to:
- Adverse weather conditions namely generally objective circumstances. No refunds will be issued for trips affected by acts of nature (storm, forest fire, stormy wind). These occur naturally in mountain environments and are beyond our control. If we believe these factors will affect the safety of a program, MTC reserves the right to relocate or reschedule a trip. If no arrangements can be reached to relocate or reschedule a trip, the cost will be credited towards another MTC program if used within a year.
- Failure of payment by client
- If clients have less time available than agreed upon as that decreases the quality of the travel package/trip.
11. Liability and Personal Safety/Equipment
MTC employees exclusively qualified personnel. All members must have passed courses in first aid and mountain rescue. Also, MTC mountain guides carry with them complete gear necessary for the execution of certain activities. MTC recognizes and advises considering the nature of the offered activity that accidents are possible and that all clients must be aware of the risks. MTC may not be held liable for circumstances outside of its scope of influence and participation in activities is at the risk of the client. Clients are obliged to take with them basic personal equipment as detailed on the MTC website under the category “what to bring". Depending on the activity that the client chooses, MTC will in a timely manner send a list of equipment the client must bring along. The client is obliged to, in a timely manner prior to the activity, inform MTC or possible lack of basic equipment so that MTC may attempt to procure the equipment that the client is lacking. All of the equipment will be inspected prior to the activity, and MTC mountain guides have the right to refuse participation of clients on the trip if they do not have the basic equipment, without refund. Safety of the client comes first and in these cases the decision of the mountain guide is final. The client may at any time contact MTC regarding equipment needs and we will happily offer all necessary information.In the case of borrowing or renting equipment, the customer is required to return the equipment in the same condition as it is received. In case of loss of equipment, the customer is required to pay the full value of the borrowed/rented equipment.
12. Medical Regulations
The client is obliged to inform MTC of any known medical problems that may affect the client during the selected activity. MTC will send a medical release form to the client prior to the activity and the client will return it to MTC in the shortest possible time frame. The information stated in the form is confidential and serve the sole purpose of informing the mountain guide of the health condition of the client.All clients are obliged to confirm good physical and mental health and that they are able to participate in the selected activities. Clients must be aware that most of the activities require exertion.
If the client is younger than 18 years of age MTC requires parental consent in order for an under-age individual to participate in selected activities.
13. Settlement of Disputes
Clients are guided by qualified MTC mountain guides and agree that the guide’s decision is final. The mountain guide will guide participants in all situations during the activity.MTC reserves the right to refuse to allow clients to participate with the group during the execution of activities. The reasons may be: illegal activity, irresponsible behavior which endangers the entire group, the mountain guide or any other clients. In this case, MTC will not accept any further responsibility and will not be responsible for the client’s expenses. In this case the client also does not have any right to a refund for any part of the trip.
If the client considers the service unsatisfactory, he/she has a right file a complaint to MTC. Complaints must be filed in writing within 5 days of the offered service. Upon expiration of the 5-day period it will be determined that the client is satisfied with the services. We emphasize that it is in the client’s interest to act with positive intentions and demonstrate willingness to resolve complaints during the trip and to direct the complaint to the service provider on site. Each client files a complaint separately. MTC will not take into consideration group complaints. MTC is obligated to offer a written resolution to the complaint within 15 days of receiving the complaints in the same manner that the complaint was received (e-mail, post or personal delivery which will be delivered by post with receipt of acceptance).
MTC will consider and resolve only those complaints that are delivered with evidence that the written complaint was submitted to the service provider on site and that the cause was not able to be resolved on the site. If due to the fault of MTC the program was unable to be fulfilled or some part of the service was not fulfilled, the client has a right to compensation in the amount of the true value of the unused services and it may not include already received services nor the entire amount of the travel package/activity. Until MTC makes a decision regarding the complaint, the client refrains from mediation by any other person, court or giving information to the media.
14. Risks
Outdoor activities including hiking carry with them certain risks. As a responsible provider of outdoor activities, MTC underlines the possible risks for clients while participating in selected activities on mountain terrain.MTC and its staff consider the health and safety of the client very seriously, but it is not possible in these activities to completely eliminate the risk. We will state some of the dangers that may occur during the execution of selected activities. Clients should be aware that accidents in such circumstances may lead to serious injuries and in extreme situations death:
- Physical and psychological exertion
- Adverse weather conditions (wind, rain, snow, strong wind, strong sun, storms, lightening etc.)
- Irregular, slippery and dangerous surfaces (rock, rock slides, ice, grass, sink-holes, chasms etc.)
- Road traffic, traffic accidents
- Rock avalanche, rock slides
- Strong sun, UV radiation
The goals of a certain activity (the peak, a specific route, time-frame, etc.) may not be possible to achieve in adverse weather conditions. MTC will not be responsible for such situations in the field. Mountains can be unpredictable and that must be made clear to all clients. The safety of the clients and the group must come before any goals of the selected activity.
The MTC mountain guide is responsible for all decisions during the planned activity. His/Her decisions on the choice of route as well as decisions regarding the continuation of an activity and participation of clients in the activity are final. It is possible for the mountain guide to make changes in the route in a short time due to fast changes in weather conditions. Clients must be aware that sudden changes in weather conditions on a mountain may occur during any season. MTC will make every effort to proceed according to the planned program when that is possible. That, however may never be a guarantee.