Elegant Cultural Tours Terms and Conditions

 

Important notice to guests: the terms and conditions in this contract govern your trip booking. These terms and conditions constitute a legally binding document and the entire agreement governing the relationship between you and the company. There is no verbal or written representation, warranty, prior agreement, or description of services other than as expressed herein.

Read the following Terms and Conditions carefully before deciding to book a tour with us. If you do not agree with the terms in this document, do not proceed with your booking. Instead, write to us and cancel your reservation and we will refund any deposit paid. Once your booking is confirmed and the amount of the deposit paid, you cannot subsequently reject the Terms and Conditions. However, you can cancel your reservation subject to any cancellation penalties that may apply.

By booking and paying the deposit, you certify that you are an adult (aged more than 18 years) with full legal authority to enter into this agreement for yourself and on behalf of all accompanying passengers on your reservation. You further affirm that you have read the Terms of this document and that you understand and accept all such Terms and Conditions.



1. DEFINITIONS

The word “you” or “guest” refers to each passenger booking, purchasing, or traveling on a tour, including any accompanying minors, and all of the passenger’s heirs, successors in interest, and personal representatives.

“Company” or the term “we” or “us” refers to Elegant Cultural Tours, Ltd. company, a Ljubljana/ Slovenija/ EU based, and all affiliated companies. Elegant Cultural Tours, Ltd. is a licensed tour operator company that provides land services for cultural travel in different countries.

“Program price” refers to the sum of the base price for your program, plus single supplement, including government taxes and fees, and pre- or post-trip extension costs; but does not include any other items, such as surcharges, port charges, government taxes or fees that are payable onsite, etc. (collectively, “other items”).

 

2. ELEGANT CULTURAL TOURS/ THE COMPANY

A) We prepare, organize, promote, sell, and run our tour programs. Programs consist of certain travel services that are provided by independent third parties (“Suppliers”). All travel activities and services provided in connection with, before, after or during your tour or workshop including but not limited to hotels, restaurants and other food providers, workshop providers, or transportation of any kind: coach, water bus, taxi or other mode of transportation, are provided, owned and operated by independent third party contractors whose employees, facilities, products, and services are not subject to our supervision or control.

B) The suppliers providing services for your tour are independent contractors and are not our agents, employees, servants, or joint venturers.

 

3. LIMITATION OF OUR LIABILITY

Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour.

A) The responsibility of the company in connection with your tour is strictly limited. The company makes no warranty, either express or implied, regarding the suitability, safety, insurance, or other aspects of any supplier and any transportation, tours, services, products, or facilities provided by suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a supplier, including but not limited to any negligent or willful act or failure to act of any supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however, caused, and whether sought in contract, tort or under any other theory of liability and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, the operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to the operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.

B) The company makes no warranty, either express or implied, regarding the suitability, safety, insurance, or other aspects of any suppliers or other such contractors, transportation, tours, services, products, or facilities.

C) INCONVENIENCES- Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failures of vessels or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of the company.

D) PURCHASES- Some tours include visits to shops and merchants. The company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.

E) HEALTH AND MEDICAL TREATMENT- All health, medical, or other personal services provided in connection with your tour are provided solely for the convenience and benefit of passengers who may be charged for such services. You accept and use medicine, medical treatment, and other personal services available on the site at your sole risk and expense without liability or responsibility of the company whatsoever.

 

4. NOTICE CONCERNING SAFETY AND SECURITY

You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety, and security, may differ significantly from those found at home. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, civil commotions, labor trouble, and/or other potential sources of harm. Governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.

 

5. MEDICAL CARE; TRAVEL PROTECTION

You recognize and agree that we are not in the business of providing medical services and/or operating medical facilities. You acknowledge that the medical benefits provided under the travel protection plan are provided and administered by non-affiliated third parties, whose identities are listed under the travel protection plan documents. You, therefore, agree that we are not responsible for the provision of, or adequacy of, any medical care provided including but not limited to any medical care provided under the travel protection plan.

Travel insurance is compulsory for all Elegant Cultural Tours guests and should be taken out at the time of your booking. At a minimum, your travel insurance should provide cover against personal accident, death, medical expenses, emergency repatriation, and personal liability with a minimum coverage of US$200,000. You will be asked to provide proof of your travel insurance on the first day of your tour and without it, you will not be able to join the tour.

 

For your benefit, we strongly recommend that you purchase travel insurance also to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation in connection with your tour.

 

6. AUTHORITY TO DECLINE PASSENGERS FROM TRIPS

We reserve the right to accept or reject any person as a tour passenger. We reserve the right to expel any passenger from a tour if we deem this necessary for the comfort, convenience or safety of the tour participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other passengers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other passengers. If we remove you from a trip in progress, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.

 

7. RESERVATIONS AND PAYMENTS

After receiving your online inquiry and a decision to join our tour, we will send you payment information. Bookings will be considered as confirmed only after receiving the deposit payment. The payment means that the guests have accepted the general conditions listed here. Deposits and trip payments may be made by bank transfer in US Dollars ($) or Euros (Eur). After paying the deposit you will receive a confirmation mail with further tour information.

A deposit of 30% per person is required to secure your reservation. To secure reservations on a trip departing within 90 days, full payment is required at the time of booking. After the payment will be received, we will send you a Confirmation Mail with further tour information.

The final payment is due at least 60 days prior to departure unless otherwise stated in the program rate chart. The company reserves the right to cancel reservations that are not paid in full at any time after the final payment is due, in which case, cancellation charges will apply. Program rate charts state prices per person and are based on double occupancy. “other items” that are not part of our program's price have to be paid as separate items. Surcharges, taxes, or fees that go into effect or increase prior to the payment in full of your invoice will be added to your invoice.

The company reserves the right to increase the trip price even at the last minute in the event of cost increases due to changes in currency fluctuations, entrance fee increases, taxes, or other reasons.

 

8. CANCELLATIONS AND REFUNDS

A) If you must cancel your trip, you may do so by selecting the »Inquiry« button on our web page www.elegantculturaltours.com, or by sending an email message to alja@elegantculturaltours.com. Cancellation charges will be calculated as of the date we receive (and reply to) your cancellation. Cancellation charges shall be calculated in accordance with the terms of this guest contract.

B) Processing fee: all cancellations made after the payment of the deposit are subject to a non-refundable deposit and additional cancellation charges per the schedule below.

C) Cancellation charges generally: you will receive a refund equal to your trip price less the following per-person charges. CANCELLATION CHARGES:

 

Prior to departure

Charge

120 days or more before the tour starts

Bank fees only

90 days or more before the tour starts

The deposit

90 days before the tour starts

50% of the price

59-21 days before the tour starts

75% of the price

20 days- the start of the tour

100% of the price

 

Last-minute bookings: last-minute bookings are defined as any booking at or inside 45 days prior to departure. Space is limited and all arrangements— hotel rooms, workshop spaces, theatre tickets, etc.—are subject to availability. Additional fees may apply.

D) If you are a no-show, if you cancel your trip after the departure date, or if you leave a trip already in progress, you will not receive any refund for any unused portion of your trip.

E) If you reserved a double room and are sharing with a friend or family member, and that person cancels prior to departure, you may be subject to an additional single supplement.

F) In the event, if you are unable to attend a booked tour, a full refund may be possible if we are able to fill your space.

 

9. RESERVATION CHANGES 

A) We reserve the right to modify tour itineraries and substitute hotels and accommodations without liability to the company.

B) Additionally, company may, for any reason, without prior notice, cancel a tour; change the scheduled program; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of the program. The company is not responsible for any losses you may incur as a result of such cancellations or deviations. The company, at its option, may substitute accommodations of an equal or superior class or provide a refund of the fare actually paid by you for such trip, or substitute accommodations of a lower class and provide a refund of the difference, if any, between the booked class and the substitute class for such trip, but the company shall not incur any other liability for failure to provide the scheduled program. Any partial refunds shall be calculated in accordance with the company’s typical business practices.

C) The company cannot accept any changes to reservations at or within 45 days of departure. It will be treated as a cancellation and the relevant cancellation charges will apply. Traveler substitutions are considered reservation cancellations and are subject to the above cancellation charges.

D) All traveler requests, including breakaways, and special accommodations, are subject to availability and are not guaranteed, and charges may apply.

E) In certain circumstances, the Company may change the departure date of your trip or consolidate any trips that do not reach a minimum level of participation.  In this event, you will be offered an alternative departure date or trip. If we are not able to agree upon a suitable alternative, you will be entitled to cancel your reservation and receive a full refund of your trip price.

F) If the company cancels any optional extension which you have purchased, you will receive a refund of the amount you paid for the extension. If you decide to cancel the base (main) portion of your trip within 7 days from notification of the canceled extension, you will receive a full refund of your trip. If you cancel the base (main) portion of your trip outside of this 7-day period, then normal cancellation charges will apply.

G) Company reserves the right to cancel or shorten a trip without notice, in which event your sole remedy shall be a prorated refund for any unused portion of the trip, calculated in accordance with the company’s typical business practices.

 

10. SINGLE TRAVELERS

Most tours offer a limited number of single rooms, subject to availability and hotel space. Please contact us for single supplement costs.

Roommate matching: if you reserve a trip where sharing is possible and you would like to share a twin-bedded room with another single traveler of the same gender, we will attempt to match you with a roommate. In case there is no other single traveler to match you with, you will be charged a single supplement.

 

11. PASSPORTS AND VISAS

Usually, the passport must contain at least five blank pages and must be valid for six months after the completion of your trip. To check the restrictions and rules you should contact the appropriate consular office for entry requirements pertaining to the trip, as we are not responsible for providing you with this information or documentation. It is the passenger’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All passengers are advised to check with the appropriate government authority to determine the necessary documents. You may be refused to enter the country without liability for refund, payment, compensation, or credit of any kind by the company if you do not have proper documentation, and you will be subject to any fine or other costs incurred by the company which results from improper documentation or noncompliance with applicable regulations.

 

AMERICAN CITIZENS TRAVELING TO CUBA:

An exception to this rule is travel to Cuba for American citizens. Due to special regulations for American citizens regarding travel to Cuba by the U.S. Treasury Department, American citizens must abide by regulations of the department. For our travel to Cuba, we cooperate with an American-based tour company that holds a license for an appropriate travel program, and we are able to provide you with necessary documents if you come from the USA and you are traveling to Cuba within an Elegant Cultural Tour tour.

 

12. MEDICAL ISSUES AND SPECIAL NEEDS

A) You are encouraged to report any disability requiring special attention to us at the time the reservation is made, including requiring the use of special equipment. We will make reasonable efforts to accommodate the special needs of tour participants. Such participants, however, should be aware that facilities for disabled individuals are limited.

B) Most of our trips are not wheelchair or motorized scooter accessible, as a wheelchair or motorized scooter assistance or accessibility cannot be guaranteed. If your trip is wheelchair-accessible and you require a wheelchair, you must provide your own small, collapsible wheelchair. The participation of women past their fifth month of pregnancy or those with service animals should be consolidated at the time of booking. The same applies to the participation of children less than 8 years of age.

C) If you are unable to travel without assistance, you must be accompanied by an able companion. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and is completely responsible for providing assistance. Neither company nor its personnel, nor its suppliers, may physically lift or assist passengers into transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should contact us to determine what assistance might reasonably be given. The company cannot provide special individual assistance to passengers with special needs for walking, dining, or other routine activities or personal services.

D) If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition.

E) If you have a condition as contemplated herein, you travel at your own risk. The company is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or an accommodation of special needs, and unavailability of medical assistance or treatment.

 

13. PHOTOGRAPHS AND VIDEO

We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages, and expenses of any kind arising out of or relating to the use by us of your image or likeness. If you prefer that your image or likeness not be used, you must advise us in writing, no later than 30 days prior to your departure date, or in-person on the tour and we will respect your request!

Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other guests, workshop masters, or other involved in the realization of the tour. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted. We will take good care of your images and will treat them with great respect and with good taste.

 

14. CLAIMS, TIME LIMITATIONS; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER

A) Any claim has to be communicated to our company during the stay or within a maximum of 21 days after the end of the arrangement with the company. No claim will be accepted afterward. All claims should be sent in written form to the company to the email address alja@elegantculturaltours.com, or to our postal address.

B) Time limits for legal action: any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this guest contract or your tour against the company must be commenced within three (3) months from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision of the law of any state or country or international convention to the contrary.

C) Agreement to arbitrate; forum: negotiation is considered a general method of solving problems or discrepancies concerning the fulfillment of the contract. In case that the results of such negotiations are not found satisfactory by either of the parties, courts in Slovenia, EU are considered the courts of appeal and arbitration.

D) Forum for all other claims: any and all claims or disputes relating to or in any way arising out of or connected with this guest contract or your tour against the company and not subject to arbitration under subsection above shall be litigated, if at all, in and before the courts of Slovenia, EU, to the exclusion of the courts of any other state and country. Any and all claims or disputes relating to, arising out of, or connected with your tour against a supplier shall be brought, if at all, wherever such entities may be properly subject to jurisdiction.

E) Choice of law: any claim or dispute relating to, arising out of or connected with your tour and provision of services, whether subject to arbitration or otherwise, shall be governed by the laws of the courts of Slovenia, EU without regard to conflict of law prin

F) Waiver of the class action: this guest contract provides for the exclusive resolution of disputes through individual legal action or arbitration on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration or lawsuit against us whatsoever shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action. If your claim is subject to arbitration under subsection (b) above, the arbitrator shall have no authority to arbitrate claims on a class action basis. You agree that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in subsection (b) above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.

 

Rev. 15/06/2020