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Terms and conditions





 

 


Terms and conditions



Terms and conditions for OFFROAD TRIP

Scope of application
1. The following general terms and conditions apply to all trips organised and carried out by Mario Manojlovic – Offroad Adventure and, together with the individually concluded tour operator contract, govern all resulting legal relationships between you and Mario Manojlovic – Offroad Adventure.

Conclusion of contract
2. After Mario Manojlovic - Offroad Adventure has received the registration form signed by you, you will receive a written confirmation of registration. The contract between you and Mario Manojlovic - Offroad Adventure is concluded if you do not notify us in writing and by registered mail within 10 days of receipt of the registration confirmation that you do not wish to conclude the contract. The relevant content of the contract and thus your rights and obligations arise from the registration confirmation and these general terms and conditions of contract and travel.

Prices and payment terms
3.1 The travel price is set out in the current travel brochure, website and the contract.
Offroad Adventure expressly reserves the right to increase the prices listed in the brochure or contractually agreed, provided that:
a) the transport costs, including fuel costs, subsequently increase;
b) state levies and fees, such as landing fees, airport taxes, harbour taxes, fuel taxes, embarkation and disembarkation fees, taxes, etc. are increased or newly introduced;
c) the exchange rates applicable to the corresponding trip change.
Mario Manojlovic is entitled to implement such reasonable price increases up to three weeks before departure.
3.2 The holiday price is payable as follows:
a) The following deposits must be paid no later than 10 days after you sign the written contract:
– 50% plus insurance fee for all Mario Manojlovic trips offered by Mario Manojlovic - Offroad Adventure, unless other payment conditions are specified on the registration form.
b) The remaining travel price is to be paid by the customer after receipt of the invoice, but no later than 40 days before the departure date. The payment is made in time if you are credited to the postal cheque account of Offroad Adventure before the payment deadline.
In case of late payment, the right to participate in the trip expires.

Cancellation
4.1 The cancellation of an already booked trip has to be made by registered letter to Mario Manojlovic. At the same time, travel documents already received must be refunded.
4.2 In the event of cancellation, a processing fee of €200 per person will be charged for trips within Europe and €400 for trips outside Europe. For cancellations made at short notice, the following cancellation fees will be charged in addition to the processing fees:
– Cancellation up to 60 days before departure: 45% of the tour price
– Cancellation 59 to 40 days before departure date: 80% of the travel price
– Cancellation from 40 days before departure date: 100% of the travel price
The date of receipt of your cancellation letter by Mario Manojlovic - Offroad Adventure is decisive for calculating the deadline.
4.3 If you do not appear or do not appear in time for departure or do not have the necessary travel documents (including vaccination certificates, visas, etc.), the full travel price is due in any case.
4.4 If you cancel a trip, you can name a replacement person up to 10 days before the departure date at the latest, who is willing to enter into your contract under the existing conditions.
The entry of a replacement person into your contract is excluded if;
a) their nomination is made too late
b) they do not meet the special requirements necessary for the corresponding trip or are unable to participate in the trip due to official orders, visas or legal regulations.
Mario Manojlovic - Offroad Adventure will inform you within a reasonable period of time whether the replacement person named by you can participate in the trip. If Mario Manojlovic - Offroad Adventure accepts the replacement person named by you and if this person enters into your contract, the replacement person is jointly and severally liable with you for payment of the travel price and the additional costs resulting from the rebooking.

Insurance
5. Each participant is responsible for his or her own insurance. Passengers in your or our organisation cars must also take out their own insurance. It is mandatory to take out travel cancellation, baggage, accident and health insurance, as well as repatriation insurance from abroad.

Contract amendment
6.1 Mario Manojlovic - Offroad Adventure expressly reserves the right to change the travel programme or individual agreed services before the departure date. Offroad Adventure will notify you of any changes to the contract as soon as possible and will inform you of their effect on the price. If such a programme change leads to a significant change in an essential contractual point, you can either accept the contract change or withdraw from the contract. Withdrawal from the contract must be made within five days of receipt of the notification regarding the contract amendment by means of a registered letter to Mario Manojlovic - Offroad Adventure, otherwise the contract amendment shall be deemed approved. If you withdraw from the contract, you are entitled:
a) to participate in another tour offered by Mario Manojlovic - Offroad Adventure of equivalent value or, upon payment of 100 per cent of the price difference, to a higher-value tour;
b) to participate in another lower-cost individual tour offered by Mario Manojlovic - Offroad Adventure and to be reimbursed for the price difference.

Cancellation of the tour, route changes by Offroad Adventure
7.1 If the minimum number of participants required for the trip, as stated in the travel brochure or in the contract, is not reached, Mario Manojlovic - Offroad Adventure can cancel the trip up to three weeks before the departure date. In this case, you are entitled to a refund of the travel price already paid. There is no right to compensation.
7.2 If, due to force majeure (e.g. natural disasters, epidemics, civil unrest, war, strikes, etc.), the execution of the trip is significantly impeded, endangered or made impossible, Mario Manojlovic - Offroad Adventure can cancel the trip at any time. In this case, Mario Manojlovic - Offroad Adventure is obliged to offer an alternative trip from its range at no extra cost to the traveller.
The traveller has to assert this right immediately after the declaration of the cancellation of the trip to Offroad Adventure. If the traveller does not take part in a replacement trip, he will receive a credit note for an equivalent trip. Transport costs from third-party providers such as flights or ferry costs are excluded. A claim for damages is excluded.
7.3 If, due to sudden legal changes in the area of implementation (country), prohibitions, route closures by authorities, unrest, vehicle breakdowns of the organisation and participants, Mario Manojlovic - Offroad Adventure can change the route, area or country of the tour, the right to a refund of the already paid tour price or a claim for damages is excluded.

Premature termination of the trip
8. If you decide to end the tour prematurely, you will not be entitled to a refund of the tour price. Any resulting additional costs, such as the cost of the return journey, will be at your expense, unless they are covered by the compulsory travel incident insurance.

Complaints
9. Complaints must be made to the tour guide in a suitable form, if possible in writing, on the same day. The guide will endeavour to remedy the situation within a reasonable period of time. If you wish to claim deficiencies, refunds or damages from Offroad Adventure after the end of the trip, you must notify Mario Manojlovic - Offroad Adventure of your complaint in writing and by registered letter no later than one month after the end of the trip as per contract. Complaints, claims for compensation and/or reimbursement can only be considered if they are made during the trip.
Failure to comply with the above deadlines for notification of defects shall result in the forfeiture of any claims for remedy, reduction of the tour price, termination of the contract and compensation.

Liability
10.1 Mario Manojlovic - Offroad Adventure ensures that the trip is organised and carried out properly and in accordance with the contract.
10.2 If international agreements and national laws provide for restrictions on compensation for damages resulting from non-performance or improper performance of the contract, Mario Manojlovic - Offroad Adventure shall in any case only be liable within the framework of the corresponding applicable agreements and laws.
10.3 Any liability of Mario Manojlovic - Offroad Adventure is excluded if the non-performance or improper performance of the contract is due to:
a) on your part;
b) on the part of third parties who are not involved in the provision of the contractually agreed services, if these are unforeseeable or unavoidable;
c) on force majeure or an event that Mario Manojlovic - Offroad Adventure, the agent or service provider, despite all due care, could not foresee or avert.

Entry, visa and health regulations
11. The information contained in the travel description regarding passport, entry, health and foreign exchange regulations apply to Swiss citizens and citizens of Liechtenstein. Citizens of other countries must indicate their nationality in the registration form so that Mario Manojlovic - Offroad Adventure can inform them of the relevant regulations that apply to them.
You are solely responsible for obtaining and extending travel documents and visas, as well as for complying with entry, health, customs and currency regulations.

Conditions of the URWALD / DESERT / OFF-ROAD TOUR
12. These tours are very dependent on weather conditions, water levels of the rivers, sandstorms, flooding, and are therefore carried out individually and always adapted to the respective conditions. Under special circumstances, it may even be necessary to cancel a tour. Cancellation is not to be considered a reduction of the travel programme, as this is always a matter of force majeure. It is also possible to abort a tour at any time at the request of the tour participants.

All instructions of the guide must be followed and his decisions must always be accepted by each participant. You are in areas where you no longer have any means of communication and are only on your own. The safety of all participants has absolute priority. We exclude any liability for non-compliance with the instructions and decisions of the guide.

Applicable law and place of jurisdiction
Portuguese law applies to the legal relationship between you and Mario Manojlovic Offroad Adventure. The place of jurisdiction is Vila Real do Santo Antonio.

November 2021

DISCLAIMER

Declaration of the participant regarding the exclusion of liability of the organiser for the corresponding trip by Mario Manojlovic – Offroad Adventure.

Off-road trips involve special risks for people and property.

The participant takes part in the booked trip at their own risk and hereby expressly declares that they are aware of all the risks and dangers of travelling through rough terrain and accept these without reservation. The participant acts at their own risk.

participant bears sole responsibility under civil and criminal law for all damage caused by him/her or by the vehicle used by him/her.

The participant hereby declares in detail to waive claims of any kind arising from damage, accidents or injuries to their own person, the vehicle or the equipment, which arise in connection with the booked off-road trip with Mario Manojlovic, with the exception of grossly negligent or intentionally caused damage by Mario Manojlovic.

The participant further declares that he/she will follow the instructions of the organisers or their employees without restriction, without being able to derive any legal claims whatsoever from them.

The participant confirms that he/she is physically and mentally able to take part in the event.

For minors, parents agree to their participation. Parents have a duty of supervision for their children. Parents are liable for their children.

Participation in the advertised trip without confirmation of the terms and conditions and the disclaimer is excluded.

Disclaimer for download





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