TERMS AND CONDITIONS
Article 1: Definitions
1. Organizers: The organizers of these packages (summer and winter) work in cooperation with both Ski Hut Gorica and Mavrovo Outdoors and are therefore employees of both.
2. Instructors and guides: Some of the instructors and guides are also the organizers of these packages, while some instructors or guides are employed by Ski Hut Gorica and Mavrovo Outdoors and are not part of the organizing team.
3. Client/customer: A client or customer is someone who is engaging in an inquiry into our summer and winter packages. This relationship continues throughout the time pre and during the trip. From the moment the clients or customers are back at the Skopje Airport and the package offer has officially ended, this relationship is discontinued and the contract between client and package provider/organizers is ended.
4. Package sum: The package sum means the total amount of money that is to be paid by the client to the organizers for the package trip (summer or winter). This sum is an all-inclusive price for the package and is clearly communicated by written means.
5. Activities: In the context of the terms and conditions, activities shall refer to all the activities that are part of the package and are organized within this package by the organizers and guides. It does not refer to the additional activities that the clients may engage in, even if these have been organized with the support of the organizers.
6. Package trip: Package trip refers to the complete booked package starting from pickup from and ending at drop-off at the Skopje Airport. The details of this package trip are readable in our variety of offers and are otherwise discussed between the clients and the organizers pre trip. The package trip is therefore a flexible term that may also exclude pickup from and drop-off at the airport, as well as other parts of a package, if there has been an agreement between the client and the organizers pre booking.
Article 2: Applicability
The terms and conditions are applicable to anyone (individual and group) who is interested in engaging into one or more package trips offered by the organizers. The moment the client has agreed to a package trip (summer or winter) and made a booking in writing, these terms and conditions listed here become relevant.
Article 3: Offers and Bookings
1. The package offers are flexible and customizable to our client’s needs and preferences. However, the client shall understand that the organizers and guides have more knowledge and insight into how to construct the packages for everyone’s maximum satisfaction. Therefore, it is very important that the clients give all information required and are open to communicate clearly and timely with the organizers.
2. The clients guarantee the correctness and completeness of the information that are required by the organizers. Moreover, all individuals of a group have been informed and also guarantee the correctness and completeness of the information provided. This especially refers to any information regarding the medical and conditional circumstances and backgrounds of each individual that may have effects on the planned activities and the package trip overall.
3. When a reservation or booking has been submitted by the client via email, the organizers will send a confirmation email containing the information on the deposit sum, as well as the bank account this deposit shall be transferred to. The deposit per person can be paid in one bundled sum or individually but has to be paid within a week after reservation. The deposit generally is 25% of the total Package sum.
4. When a reservation or booking has been made by the client via email, all individuals of a group (clients/customers) have automatically also agreed to the terms and conditions listed here.
Article 4: Changes and cancellation
1. Changes in the package booking can be made up until 14 days before the start of the trip and will be charged in accordance to the changes desired. The changes will of course not be made before the consultation of and in agreement with the organizers.
2. Cancellation of the package booking has to be done in written form over email and the cancellation date will be considered the date when this email is sent/received. A cancellation is subject to the following conditions:
a. Up to 56 days before the start: only the deposit will remain with the organizers.
b. Up to 29 days before the start: 50% of the total Package sum has to be paid within a week.
c. 29 to 15 days before the start: 75% of the total Package sum has to be paid within a week.
d. After and from 14 days before the start: 100% of the total Package sum has to be paid within a week.
3. In case of cancellation, for any reason, the organizers are not obliged to refund the deposit.
4. If a client (individual/s of the group or the whole group), for any reason, terminates his or her package trip early or doesn’t participate in one or more activities, that client is not entitled to any refund of repayment of any kind.
5. If one or more individuals of a group decide to cancel the package trip, for any reason, and with their cancellation the minimum number of persons for the package trip is not met anymore, the clients will have to pay for the difference arising from this cancellation. Therefore, the total Package sum will not change but the difference will have to be distributed among the other individuals of the group or solved in another way the clients prefer.
6. The organizers reserve the right to cancel a reservation or booking of a group or an individual in the group, if they have reasonable grounds to believe that the participation of certain persons will bring about disproportionate risk. In this case, the total Package sum of one or more persons, or the whole group, will be repaid within a week of cancellation.
Article 5: Passport and visa
1. When traveling to the Republic of Macedonia, it is to be noted that the country is outside of the European Union and therefore a tourist visa of 3 months applies. This does not mean that the clients will have to organize a visa, since the tourist visa applies without application. However, the client has to assure to bring their passport, as well as be aware that the passport has to be valid for at least 6 months after departure from Macedonia.
2. The passport and visa issue are at the expense and risk of the clients and not the organizers of the package trip. Any complications or consequences that may arise from traveling to Macedonia and out are not the responsibility of the organizers and the clients cannot hold them liable for them. Therefore, if a client is denied entry to the country or is unable to attend the package trip or experiences delays due to passport and visa issues, they are not entitled to any refunds of (a part of) the Package sum or the deposit.
Article 6: Programme changes
1. The organizers and guides reserve the right to cancel or change part of the package and/or any scheduled activities, at their discretion, if they render it necessary. This will occur in cases where the weather conditions or any other circumstances are present that will endanger the safety of the clients and the guides. Moreover, if one or more persons of the group are deemed non suitable for continuing a certain activity by the guides, the rest of the group will also commit to discontinue the activity and/or trip, if it is seen as necessary, at the discretion of the guides. If any person chooses not to comply with the instructions and advices of the organizers or guides, this person is liable for any and all damages deriving from their decision and action.
2. In case cancellations or changes occur, the organizers will try to provide for suitable alternatives of a similar nature to the scheduled activity that was cancelled. Therefore, the clients are not entitled to any refunds of (a part of) the Package sum or the deposit.
Article 7: Exclusion from (further) participation
1. Qualified guides will be supervising the clients during all the planned activities. The guides are always entitled to exclude a person from (further) participation, at their discretion, if:
a. One or more persons are suspected of mental and physical problems that make it impossible for that person or more persons to continue the activity without posing a significant danger to themselves, the rest of the group and the guides;
b. Instructions given to that person or persons are not (sufficiently) followed;
c. There is question of misbehaviour of that person or persons.
3. Any and all costs that derive from exclusion and/or (further) participation are to be carried by the excluded person or persons. This person or persons is/are not entitled to any refunds of (a part of) the Package sum or the deposit.
Article 8: Invoices and (deposit) payment
1. As mentioned before, the deposit is 25% of the total Package sum and must be paid within one week after the client has made an official reservation via email. The bank and transfer details will be mailed to the client after receiving the booking,
2. The remainder of the total Package sum must be paid up until 28 days before the start of the package trip. If the package trip is booked fewer than 28 days before the start, then the remainder shall be paid within 7 days from the booking date.
3. After the expiry of the stipulated payment term the client is in default by operation of law without any further notice of default being required. Therefore, the client and not the organizers will pay any costs arising from actions taken by the organizers in court in order to get to their satisfaction.
4. If the client fails to pay the remainder of the full Package sum in timely fashion (i.e. before the start of the package trip), the organizers reserve the right to exclude the client from the package trip without giving any compensation.
Article 9: Liability
1. Participation in our package trips (summer and winter) is of a sporty, outdoorsy, and potentially uncertain and risky nature. Therefore, the clients, when agreeing to these terms and conditions, declare that they are well aware of the nature and risks of the package trip and the activities. When moving in the mountains in Macedonia, rescue possibilities and medical assistance may be limited or not available at all, which can lead to even relatively small accidents having serious consequences, such as bodily harm and death.
2. Even though the organizers are assuring clients the highest safety possible, the risk of any (bodily) harm cannot be completely excluded. By taking note of these terms and conditions the clients declare to be fully aware of the risks that are associated with the activities and the Package trip and not to hold the organizers liable should any kind of accident/s occur, unless there is a case of intent or gross negligence on the part of the organizers and/or guides.
3. The organizers shall not be liable for direct or indirect damages that are incurred by the client/s and/or a third party as a result of participation in the Package trip organised by us. This also includes bodily harm, consequential damages, lost profit, lost savings, damages to reduction of income, trading losses, theft or loss of or damage to personal belongings and damages as a result of mechanical failures, natural disasters, border crossings, revolution, terrorism, acts of war, industrial action, sickness or quarantine.
4. Furthermore, the clients are also liable for any damages, loss or theft of any materials (inter alia equipment, rental gear, etc.) that were made available to them by the organizers. This liability is limited when the damages can be blamed on intent or gross negligence on part of the organizers and/or guides.
5. The organizers are not liable for any damages that may occur as a result of faulty or defective materials or products made available by them. In general, the organizers and guides are very careful when selecting materials and products for use for clients.
Article 10: Insurance
1. The clients and participants of the Package trips and activities ensure that they have sufficient insurance coverage for the entire period of their stay for the following: travelling costs, legal assistance, medical expenses, cancellation and special risks of accidents in case of mountain sports (e.g. costs of detection and helicopter transport). The costs of the insurance/s are of course to be carried by the clients themselves.
2. Any and all damages that arise from not being (sufficiently) insured are at the expense of the clients themselves.
Article 11: Applicable law
Any agreements, unless differently stated, fall under Macedonian law. Thus, a Macedonian court shall handle any disputes under Macedonian law. It may be agreed between the organizers and the clients to settle their dispute through (international) arbitration.