TERMS OF SERVICE

 

OVERVIEW

This website is operated by Kajakaško društvo Brkati Som (KdBs). Throughout the site, the terms “we”, “us” and “our” refer to KdBs. KdBs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. “Client” refers to the person or people booking our services.

By visiting our site, by booking an activity (excursion, adventure) or tour (multi-day tours, holidays, packages) and making a reservation the client engages in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL RULES

BOOKING AND PAYMENT
For confirming any reservation for activity or tour, KdBs requests payment of nonrefundable deposit:

- 10 eur / person, when the price of an activity or tour per person is 50 eur or less,
- 20 eur / person, when the price of an activity or tour per person is between 51 eur and 100 eur,
-30% of price per person, when the price of an activity or tour per person is 101 eur or more.

Full amount of booked activity or tour needs to be settled before the beginning of activity or tour:

- Activities: before the beginning of the activity.
- Multi-day tours and custom adventures: at least 21 days before the beginning of the tour.

In case of non-payment of booked activity or tour in accordance with this terms, KdBs keeps the nonrefundable deposit.

After the client makes reservation and pays the deposit, KdBs shall send to the client via e-mail a confirmation of deposit payment for the booked activity/tour, activity/tour information, which shall include substantial data of the activity/tour program and a link of this rules. Invoice is given to the client on the date of activity.

FITNESS CONDITION AND MEDICAL CONDITION
Client is responsible for choosing a trip that fits their abilities, level of fitness and health. If a Client needs any assistance or advice in selecting the right trip, please contact KdBs.

Every Client is obliged to notify KdBs of any preexisting medical conditions (physical or mental) and of any dietary restrictions or food allergies he or she might be suffering from. When in doubt, Client needs to consult their physician before confirming any reservation for activity with KdBs. All medications can and should be brought to activities and tours.

At KdBs we invite Clients to contact us and we will be happy to discuss and recommend the most suitable adventure for a Client, based on their conditions, we but cannot carry a responsibility for their health.

Pregnancy is considered a medical condition and must be discussed with KdBs at the time of booking. KdBs may refuse confirming booking to pregnant women.

INSURANCE
Clients engaging with any day adventure or multi-day tour are required to have valid and comprehensive travel insurance. Neither KdBs nor KdBs`s Partners can be held responsible for any liability, expenses, or losses Clients incur as a result of being inadequately insured. KdBs strongly recommends that at the time of booking a comprehensive travel insurance policy is purchased. 


Client expressly agrees and promises to accept and assume all of the risks existing in activities on a selected trip. Clients participation in activities on the trip is purely voluntary, and Client agrees to participate in spite of the risks.

DRUGS AND ALCOHOL
Clients who confirmed a reservation for any activity or tour with KdBs are obliged to not being under the influence of drugs/alcohol during the duration of an activity or tour.

KdBs reserves the right to decline a Client for joining the day adventure or tour, if Client is suspected to be under the influence of alcohol or drugs. In such case Client is not entitled to any refund.

CHILDREN AND MINORS
Day adventures or multi-day tours, organized by KdBs have different minimum age requirements for children. Clients with young children, who have intention of engaging with adventures or tours with KdBs, should contact KdBs staff and consult with them. 


All minors (anyone under 18 years of age) must be accompanied by an adult, who is either their parent or legal guardian/responsible person (in last option proof in writing is needed).

CANCELLATIONS

a) By KdBs 

KdBs uses reasonable efforts to provide services as advertised, but minor changes in itinerary might be made where considered necessary. KdBs reserves the right to change any of the services described in the tour/activity descriptions before a booking is made. If such a change is made after booking, KdBs will notify Client as soon as possible. 


Once a tour has departed or began, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for clients’ health, safety, enjoyment or comfort.

If an activity is cancelled by KdBs for safety reasons (water level, weather forecast, any kind of unsafe conditions, etc.) or any unexpected conditions or reasonable cause, before the start of the activity or tour, it shall be postponed to a more appropriate day, time, or location, based on the given options. 


In case of major changes or cancellations of the activity or tour booked by the Client, KdBs shall inform the Client as soon as possible and provide him/her with the following options: 

- Client may accept a new departure date.
- Client may accept a replacement activity/tour of equivalent or similar itinerary and price range (without any additional payment).
- Client may cancel his/her booking altogether and receive a full refund of the money already paid.

If the activity/tour is being partially cancelled during the activity/tour due to unexpected conditions or vis major (force majeure), the Client is entitled to partial reimbursement of paid price. The Client shall not be entitled to partial reimbursement, in case of minor program changes or additional services provided by KdBs in order to replace the partially cancelled equivalent activity. 


b) By Client

The Client has a right to cancel the booked activity or tour.

All cancellations must be submitted in writing to info@kayak-soca.com. Your notification by phone is appreciated, however, your refund request will be processed according to a KdBs refund policy applying a date of your written cancellation: 


Day adventures and excursions: cancellation needs to be done at least 2 days before the beginning of the activity. multi-day tours, adventures combos and custom adventures: cancellation needs to be done at least 21 days before the beginning of the tour.

REFUNDS
THe refund rate for half day or full day activities differentiates depending on the date of cancellation (in case of full payment upfront):

- at least 5 days before booked activity: KdBs retains paid deposit,

- at least 3 days before booked activity: KdBs retains 50% of paid amount (in case only deposit has been paid, KdBs is entitled to charge the client with 50% of the price of booked activity),

- less than 24 hours before booked activity or no-show: KdBs retains 100% of paid amount. 


The refund rate for multi-day tours, combo adventures and custom adventures differentiates depending on the date of cancellation (in case of full upfront payment):

- at least 21 days before the beginning: KdBs retains paid deposit,

- between 20 and 15 days before the beginning: KdBs retains 40% of paid amount,
- between 14 and 8 days before the beginning: KdBs retains 60% of paid amount,
- between 7 and 2 days before the beginning: KdBs retains 80% of paid amount,
- cancellation less than 48 hours before the beginning or no-show: KdBs retains 100% of paid amount.

If the Client can not attend the tour/activity, he/she may find a replacement with another Client, and notify KdBs of replacement Client at least 8 days prior to the start of activity/tour. In this case, the Client, who can not attend the activity/tour, is obliged to pay only administrative costs of KdBs related to this Client change in amount of 10% of the booked activity or tour.

No partial refunds are possible for any unused services including hotel rooms, transport, treking days, or uncompleted parts of activities and excursions, if the reason for unused services or preliminary end of the activity/tour is with the Client (exceptions may apply in case of unexpected serious medical reasons, etc.)

If a Client has to be removed from a trip for any reason, he/she shall not be entitled to any refund.

If the Client cancels activity/tour due to unexpected serious cause or serious medical reason, which could not be avoided or foreseen by the Client, KdBs can decide, upon review of the Clients’ proofs and all relevant circumstances, to charge the Client only with KdBs costs, related to the cancelled activity/tour. Any problems of Client, connected with the use of alcohol/drugs can be avoided and foreseen by the Client and can therefore not be a subject of reasonable cause for cancellation of activity/tour with reimbursement of money.

To get already paid amount of your travel (in case of cancellation) reimbursed, it is highly advised you choose Trip Cancellation Insurance. Ask for more details at your local insurance company.

SECTION 1 - GENERAL CONDITIONS

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

With making reservation for any tour or activity, a Client acknowledges that the nature of this type of tours and activities require flexibility and should allow for smaller changes.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 5 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 7 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall KdBs be liable for any injury, loss, accident, death,, cancellation, delay, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless KdBs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 10 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 12 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Petkovškovo nabrežje 61, Ljubljana, 1000, Slovenia.

SECTION 14 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@kayak-soca.com.



Last revision: 9. May 2019