GENERAL TERMS AND CONDITIONS

This general Terms and Conditions together with the information published on the internet (on the mtbcroatia website www.mtbcroatia.com) and the booking information, makes an integral part of the tour contract between us, (Vedran Trcol, Ozaljska 7, 10000 Zagreb, Croatia and Marko Marcelja, Mihovila Jelicica 27, 51266 Selce, Croatia) and the applicant (participant) named in the foregoing application (booking) form. With the fulfilment of the application form the participant accepts these Terms and Conditions. Therefore, booking is possible only in writing. The rights and duties of the parties are regulated solely by this contract and all changes or amendments are to be in writing. The applicant stays for the contractual rights and duties of all the persons in party.

1. PARTICIPATION:
Participate can anyone who is healthy and active. Participant has to be physically and medically fit, adequately experienced and suitably equipped to participate in the tour. Participant has to bring appropriate equipment (e.g. mountainbike, helmet, adequate bikewear...).
Participants must be 18 years of age or older, unless accompanied by an adult.
Group sizes can range from 2 to 12.

2. SERVICE AND PRICE:
Which services are offered in the contract e.g. information of what is and is not included in your contract with us, result solely from the specification of services on the internet and from the hereunto referring information of the application and tour confirmation. Applicant should be familiar with the details of this before booking. However, we cannot guarantee for every detail indicated in the tour schedule. Changes caused by weather or organisational reasons are possible.
The following items are offered on the tour and included in the tour price: guides, transfer to/from the Rijeka/Krk airport, welcome drink, farewell dinner, accommodation in 3 stars category rooms or apartments, boat transfer, detailed pre-departure information – briefing.
The following items are not included: travel insurance, support vehicle, luggage transfer during biking, sightseeing fees, bicycles and required bicycle parts and equipment, passport and visa related expenses, meals, items of a personal nature such as telephone charges and laundry, beverages including wine and beer, excess baggage charges and tips to guides and local staff.
Prices stated in the mtbcroatia website are per person. Price includes only the services indicated in this article. Our prices include accommodation in 3 stars category apartments or rooms based on at least double occupancy. If the applicant requires a single room he will be charged a single supplement regardless of when he books. However, single rooms are limited and therefore subject to availability.
Each participant is responsible for booking their own flight or arranging the transport to the city where the tour begins – e.g. Selce. In case of arriving by plain to Krk/Rijeka airport, we will help and organize a transfer for the participant and his luggage from this airport to the city where the tour begins – e.g. Selce and back free of charge. For all tours, we will set a meeting place and time as well as welcome drink in order to ensure that the participant meet the rest of the group upon arrival. If the participant wishes to stay longer or arrive earlier, he has to notify us so that we can help him to make arrangements.

3. BOOKING AND PAYMENT:
In order to book the tour, applicant must submit a completed application form and he/she will be sent an invoice for the amount of deposit. The deposit in the amount of 20% of the total cost of the tour has to be paid at least 30 days before the beginning of the tour in order to secure the booking. The booking will only be constituted of submitted application (booking) form accompanied by a remittance for a deposit amount. The booking, as well as the tour contract, is concluded in the moment when we receive the confirmation that the deposit was paid. Final payment must be made in cash on the day of arrival. The exact dates of payment will be indicated in the application confirmation.
We reserve the right not to take into consideration the application for which deposit is not paid. Without paying the deposit, the applicant has no rights to use the service of guided tour.
Also, we reserve the right to cancel the booking should the payment not be received on the first day of the tour and in cash.

4. CANCELLATION BY THE APPLICANT/PARTICIPANT:
If the participant needs to cancel his adventure for any reason he can do this at any time but he must inform us in writing. All cancellations have to be sent by e-mail to cancellation@mtbcroatia.com . Cancellation requests will be calculated on the day we receive this notification.

A) Prior to the beginning of the tour:

a) If the participant withdraws from the tour contract before the beginning of the tour or if he does not accede the tour, we can demand damages for the prearrangements and for our expenditures.
Our lump-sum withdrawal fees at the mountain bike tour are as follows:

b) If the applicant withdraws from the tour contract before the beginning of the tour because of the circumstances which he could not have avoided or eliminated and which would, in case they existed in the moment of the conclusion of the contract, be a justified reason not to enter/conclude the contract, deposit paid by the prospective applicant shall be refunded according to the table in previous paragraph (a).

c) The applicant can demand that in his place a third person stands for the rights and responsibilities of the tour contract, as long as this third person satisfies the special requirements of the tour. In this case, the applicant has to send us at our e-mail address booking@mtbcroatia.com a written statement with a name, surname, e-mail address and phone number of the third person who will go for a tour instead of the applicant. If this third person participates (but the first applicant has already paid the deposit), we will accept deposit already paid by the first applicant and we will not take any additional deposit from the alternative person so we leave to them to square accounts concerning the paid deposit. The applicant and his alternative person (third person) are both responsible with solidarity for paying the tour price and all the costs that may arise out of the substitution.

d) Rebooking is possible if we can fulfil the wish of the applicant and if the rebooking request is submitted to us up to 15 days prior to the beginning of the tour. Rebooking is possible only for the tours listed in the tour schedule which take place in the same calendar year. We will do the rebooking free of charge. The applicant should send us a rebooking request in writing at our e-mail address: booking@mtbcroatia.com .

B) After the beginning of the tour:

a) If the participant withdraws from the tour contract after the beginning of the tour because of the circumstances which he could not have avoided or eliminated and which would, in case they existed in the moment of the conclusion of the contract, be a justified reason to not enter/conclude the contract, the monies paid by the prospective participant shall be refunded less the suffered expenditures. We are not responsible for expenses incurred by the participant in preparing for the return trip. Extra costs have to be paid by the participants at last.

b) In case the applicant withdraws from the tour contract after the tour begins because of the reasons which are not circumstances written in the previous paragraph (a) no refunds will be made for a cancellation during the tour nor for unused portions of the tour. We are entitled to the full price of the tour as stated in the contract. We are not responsible for expenses incurred by the participant in preparing for the return trip. Extra costs have to be paid by the participants at last.

c) If the participant due to force majeure cancels the contract after the beginning of the tour, we can refund the not used portion of the tour. We are not responsible for expenses incurred by the participant in preparing for the trip (e.g. non-refundable air tickets, visa fees if applicable, gear or medical expenses…) The extra costs have to be paid by the participants at last.

5. CANCELLATION BY US :
We reserve the right to cancel the tour

A) Prior to the beginning of the tour:

a) if the minimum number of participants (2 persons) is not reached at least 14 days before the beginning of the tour. If we cancel the tour, the applicant will be offered an alternative. If this is not acceptable, because of a justified reason, all deposit paid by the prospective applicant shall be refunded less an administrative charge. In case of not reaching the minimum number of participants we shall inform you about cancellation via e-mail. In that case we are not liable to compensate the damage.

b) because of the important organizational and personal reasons. If we cancel the tour prior to its beginning, the applicant will be offered an alternative. If this is not acceptable, because of a justified reason, we will refund deposit received less an administrative charge. We will not be liable for any other expenses which the applicant has incurred as a result of his booking. There shall be no further requests against us.

c) because of unusual or unforeseeable circumstances, such as war, civil or political unrest, epidemic, flood, fire or other nature catastrophe, general act of God, or other force majeure which could not have been prevented, avoided or eliminated, which shall constitute a sufficient reason for us to cancel the tour and which if they existed in the moment of entering in a contract, would be a sufficient reason for us not to enter into the contract . In this case we can refund the deposit less an administrative charge but we are not liable to compensate the damage and we are not responsible for additional expenses incurred by the participant in preparing for the trip (e.g. non-refundable air tickets, visa fees if applicable, gear or medical expenses…)

B) After the beginning of the tour:

a) because of the important organizational and personal reasons.
If we cancel the tour after its beginning, we will offer an alternative tour and if this is not acceptable, because of justified reasons, we will refund the difference in price between the contractual services which are already done and those not yet done. We will not be liable for any other expenses which the applicant has incurred as a result of his booking. There shall be no further requests against us.

b) because of the participants' bad behaviour, unfulfilling effectually the needed physical conditions for the tour or not bringing with or not using appropriate equipment. In this case that participant will be expelled and does not have right for refund.

c) because of unusual or unforeseeable circumstances, such as war, civil or political unrest, epidemic, flood, fire or other nature catastrophe, general act of God, or other force majeure which could not have been prevented, avoided or eliminated, which shall constitute a sufficient reason for us to cancel the tour and which if they existed in the moment of entering in a contract, would be a sufficient reason for us not to enter into the contract. In this case we can refund the unused portion of the tour but we are not liable to compensate the further damage and we are not responsible for additional expenses incurred by the participant in preparing for the trip (e.g. non-refundable air tickets, visa fees if applicable, gear or medical expenses…)

6. CLAIMS :
If the tour is not performed conventionally in spite of all our efforts, the participant has to report the failing immediately to the tour leader, in order to make the leader aware of his complaints and that the leader can take the appropriate remedial action. In case of failings occurred, the participant is obliged to co-operate in order to avoid damages or to minor them. Should the participant be unsatisfied with the result and feel that it has severely affected his enjoyment of the holiday, he is kindly asked to write to us on our e-mail address within 8 days from the day on which the tour ended. We will respond within the same period and endeavour to resolve the matter to our mutual satisfaction.
We can also find redress in the manner that we offer an equivalent alternative service to the participant. The participant can refuse from the alternative service only because of some important, objective purposes.
The participant can demand compensation for damages due to non-fulfilment of the contract, unless the failing of the tour depends on circumstances which the tour organiser does not have to represent.

7. INSURANCE:
The price of the tour does not include any kind of insurance (accident, health, equipment, return transport, baggage, life etc.)
The applicant is recommended to insure himself against any possible risk which he may incur within the tour. We strongly recommend that the participant has comprehensive travel cover and is kindly asked to ensure that it covers him for the activities that he will be engaging in on his adventure.

8. RESPONSIBILITIES OF THE PARTICIPANT:
We would like to point out that mountain biking is very risky. Participants will attend MTB tours at their own risk. Wearing a helmet is a must on all MTB tours. We have the right to expel a participant who disobeys this rule.
Tour participants have a certain responsibility to us and to other tour participants.

Tour participants are responsible for:

•  understanding the conditions implied on our web sites,
•  to ensure that the participant is physically fit, adequately experienced and suitably equipped to complete the activity
•  having the proper bike and equipment needed for the selected trip
•  preparing for the trip accordingly
•  his arrival and departure
•  obtaining Passport and Visa if required
•  to meet at the time and designated start point.

The participant may be asked to leave a trip if the leader feels that the person's continued participation may prove detrimental to the individual or to the well-being and enjoyment of other guests.
A participant may be asked to leave a trip if the participant himself or the leader decides that he is unable to continue. This will not entitle the participant to any claim of compensation against us.
In those cases participant will be responsible for making his own alternative arrangements.
The applicant is responsible to care about that he himself, his identifications and his baggage fulfils conditions foreseen by border, customs, sanitary, monetary and other regulations (e.g. the participant remains responsible for finding out any information necessary, such as vaccinations, visa requirements, baggage allowances etc).
The applicant is responsible for the damage which he caused to us by the non-fulfilment of his obligations from the contract and applicable law.

9. OUR RESPONSIBILITIES:
We are liable in the range of due diligence of a regular merchant for the diligent prearrangements of the tour, for the diligent choosing and control of the supplier and for the regular organisation and realization of the agreed services.
We are also liable for the accuracy of the description of all services and information stated on the internet. We have right to amend from time to time all information published on our web sites as well as this terms and conditions.
We will supply an activity, tour or holiday which as close as possibly matches the description given in any written communication or website. The participant is kindly asked to accept that the web site dossiers are to give a guide as to what to expect from the tour and holiday but that there will still be considerable flexibility when on the tour. If we need to make a material change we will inform the participant in writing.
We accept no responsibility for any damage or loss arising from a failure to carry out the contract, or in the process of carrying out the contract, as a result of

•  actions by the participant
•  any accident
•  assault of the people or animals of all species
•  unusual and unforeseeable circumstances beyond our control
•  any event which we, even with all due care, could not foresee or forestall
•  for any unforeseen delays in transportation from/to the Rijeka/Krk airport prior to or after the tour including boat crossings while on the tour, whether caused by weather, heavy traffic or other unforeseen circumstances. In the event of a delay the participant will be responsible for providing his own meals and accommodation.
•  theft or missing of bicycles, baggage or other equipment (such as cameras, bike-wear, valuables etc.)
•  damage to bicycles, baggage or other equipment (such as during transport or rides on heavy routes or in heavy conditions, through the extreme burdening like sun, salt, dust, sand …)
•  injury to the client which occur as the result of cycling on or off a road, during performing all types of activities, during providing our service or while in transit in any vehicle and at various transport ways, or at any other time during the holiday.

Where we are found to be directly liable for any damages, howsoever arising, these damages shall be limited to the amount of the price paid for the tour.
We are not liable for damages in the event of cancellation of the tour in relation to any foregoing matter as specified herein. We reserve the right to alter the route as conditions preveal to accommodate changes in weather, terrain and physical condition of participants. The leader's decision is final. We are not liable for the failures caused by the route or terms changes as a result of the failures at bikes owned by the participant, fuel shortage, arbitrary proceedings of local authorities a well as other circumstances of the force majeure, which we can not represent.
We shall not be liable for any damage arising from any health condition on the part of the participant existing before the conclusion of this contract or arising during the tour.

10. VARIOUS:
We can arrange the additional or facultative services during the tour at the request of the participant which go to the expense of the participant but we cannot be held responsible.
Special drives which are taken because of lack of physical or psychical ability of the participant, or because of purchasing of the special spare parts go to the expense of the participant.
Entry to many of sightseeing / historical sights are free, however, where a charge is applicable the participant is liable to pay.
A questionnaire will be provided at the end of the holiday for the general comments of the participant. This enables us to keep in tune with our participants' aspirations and to continually improve our product and services.

11. CONFIDENTIALITY AND DATA PROTECTION:
We undertake to keep all information about participants confidential in accordance with the existent legal regulations. We are not entitled to share any such information with any third partner except with prior written approval of the participant.
The obligation of keeping information confidentiality will survive any expiration or termination of this agreement.

12. INEFFICENCY OF SPECIFIC TERMS:
The inefficacy of specific terms of the tour contract does not cause the inefficacy of the whole tour contract.

13. APPLICABLE LAW:
The law of the Republic of Croatia shall be applicable to this contract. In case of a dispute, the competent court will be in Zagreb .

By the acceptance hereof the applicant agrees and accepts that he has read and understood the terms of these booking conditions and agrees to be bound by same.