GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
General terms and conditions with an integral part of the contract already concluded by Matjaž Zgonik s.p. in (hereinafter Matjaž Zgonik) and the client who signs up for the service organized by Matjaž Zgonik. In the event that an individual provision in the program is regulated differently than in these general conditions, the provisions stated in the program shall apply.
In the case of telephone or internet sales, it is considered that the customer has accepted the provisions of these general terms and conditions at the time the customer orders the service by phone or internet. The customer can familiarize himself with the provisions of the general conditions on the website http://www.winestronaut.com, where they are specially marked and generally accessible.
Client is any person who has made a valid reservation or purchased/paid for services.
2. APPLICATION AND AGREEMENT
The customer can register for the service organized by Matjaž Zgonik at Matjaž Zgonik. The service program is valid as an offer. Based on the offer, the client applies in writing for the selected service. Upon registration, the client receives the Matjaž Zgonik document (proforma invoice, which is a service contract), from which all the information about the ordered service can be seen. The customer is obliged to review the document and, in the event of any disagreement or error, report it within one day of its issuance. With the payment of the first installment (proforma invoice), it is considered that the contract has been concluded. At the time of application, the client is obliged to provide the required information and submit the documents required by the service program and to make payment in accordance with the provisions of these general terms and conditions. In the event that the client does not provide the correct information during the application, he is responsible for all costs or consequences caused by incorrect information.
The client’s application is binding. It can be waived in accordance with the provisions on the termination of the client’s services. For a binding application, apply next to the paid 1st installment. By filling out the application form or submitting the client’s personal data, the contract is considered concluded and the client is obliged to settle all costs in the event of cancellation of services in accordance with the provisions on cancellation of services by the client/guest.
In accordance with the contract, Matjaž Zgonik is obliged to offer the client services that have the content and features as announced in the contract or service program and to take care of the rights and interests of the client/guest in accordance with good business practices.
The customer is obliged to ensure that he, his personal documents and his luggage meet the conditions prescribed by border, customs, sanitary, currency and other administrative regulations. Matjaž Zgonik has the right to reject the application of the client, for whom he may reasonably assume in advance that he does not meet these conditions, or that he might not meet them during the performance of the services.
3. APPLICATION FEE AND DEPOSIT
For its services, Matjaž Zgonik charges the client standard reservation costs and costs for the composition of the offer in the amount of 20% of the gross price of the offer. Matjaž Zgonik can set different reservation costs for individual services.
In the case of personalized services in an offer, Matjaž Zgonik may charge the client/guest an additional 50.00 EUR as a deposit for making the offer:
• If the client accepts the offer, these costs will be deducted from the final price of the offer.
• If the client does not accept the offer, the deposit is not returned.
4. PAYMENT
The day of payment is considered the day when the customer makes the payment directly to Matjaž Zgonik, or when Matjaž Zgonik receives the payment on the transaction account. The customer or the group upon application pays 20% of the gross price of the offer – advance payment. The client pays the remaining part at least 10 days before the start of the service, unless otherwise specified in the Matjaž Zgonik document (contract, invoice, email). Timely payment means a confirmed reservation. If the client does not pay within the agreed term, this means cancellation of services and the provisions on cancellation of services by the client/guest shall be applied mutatis mutandis. The client undertakes to pay the difference that would arise due to possible calculation errors on the issued document Matjaž Zgonik, Matjaž Zgonik therefore undertakes to return the client/guest any overcharged amount resulting from the calculation error. This obligation is valid until the end of the business year.
Matjaž Zgonik can specify in the program that the client pays for certain services, which will be performed at the end, to its representative (“mandatory additional payment at the end”). In this case, Matjaž Zgonik does not act as an organizer or mediator, but only as an informer. In this case, the customer asserts all complaints exclusively from the service provider at the end.
5. PRICES
The prices of the services are determined by the program and are valid from the date of publication of the program until the change. The price includes the services listed in the service program. The price valid for the customer is the date of conclusion of the contract/issuance of the invoice/confirmed program.
In accordance with the current legislation, Matjaž Zgonik can change this price even after the conclusion of the contract, namely due to changes in the exchange rate or due to changes in carrier tariffs that affect the price of services. In the event of a price change from this title, Matjaž Zgonik shall notify the client/guest in writing no later than 2 days before departure, and issue an additional document (invoice), which the client is obliged to pay before the start of the services.
If the increase in the agreed price exceeds 8 percent of the price of the services, the consumer can withdraw from the contract without having to compensate for the damage. In this case, Matjaž Zgonik will return the amount paid to the client.
Matjaž Zgonik also sets a starting price in the service program for a certain number of subscribers, which can be changed if a smaller number of subscribers apply for the service. Matjaž Zgonik states this additional price in the program in the form of “mandatory surcharge in case of group size from/to persons”. Upon registration, Matjaž Zgonik charges the client/guest the starting price of the services. If the conditions for a price change under “smaller groups” arise, the client cannot withdraw from the contract, as he was aware of them at the time of registration.
6. SPECIAL SERVICES
Special services are those services which, as a rule, are not included in the price of the service (special meals, other optional extras…) or for which additional payments are foreseen in the program (other extra payments, etc.), so the client pays for them separately, unless it is not included in the program otherwise specified.
In the event that special services are tendered for an individual service, the customer submits his wishes for these services upon registration, and pays them additionally to the price. The published prices of special services are valid only in the case of ordering and paying for these services when registering for the service. During the service, the client pays extra for special services to the guide or representative of Matjaž Zgonik in the place where the service is provided, if it can still be ordered during the service, at the price valid on the spot.
7. SUBSCRIBER’S MODIFICATION OF CONTRACT OR TERMINATION OF SERVICES
The client has the right to request a change to the contract (e.g. name change, additional services, etc.) after its conclusion, and Matjaž Zgonik is obliged to check if this is even possible. In the event of a change to the contract at the client’s request, Matjaž Zgonik may charge the client administrative costs in the amount of EUR 25.00 for the change, unless otherwise specified in these general terms and conditions. In the event that the change results in additional costs, the client is obliged to settle them.
The client has the right to cancel the services directly with Matjaž Zgonik. In the event that the client cancels the service, Matjaž Zgonik has the right to reimburse the costs, which depend on the time left until the start of the service.
In any case, Matjaž Zgonik charges the client an advance payment of EUR 100.00. Unless otherwise specified in the program, the following cancellation fees apply:
For one-day services:
• cancellation up to 30 days before the start of the service, 10% of the price,
• cancellation from 29 to 22 days before the start of the service, 20% of the price,
• cancellation 21 to 15 days before the start of the service, 30% of the price,
• cancellation 14 to 8 days before the start of the service, 50% of the price,
• cancellation 7 days before the start of the service, 100% of the price,
Irrespective of the cancellation costs specified above, they may be different when this is dictated by the terms of the organization of services, i.e. dictated by Matjaž Zgonik’s valid terms of sale and/or stipulated by business partners.
Regardless of the costs specified above, the cancellation costs may also be different if specified in the service program or contract.
When canceling services before departure, the customer gives a written cancellation or signs a cancellation document issued by Matjaž Zgonik. If the client refuses to sign or confirm this document, it is considered that he has not canceled the services. During the service, the subscriber can interrupt the service at his request. If the customer interrupts the service, he is not entitled to a refund of the costs or the purchase price, either in part or in full, upon return. To the extent that the client changes the program during the service at his will, which is an integral part of the contract with Matjaž Zgonik, the client is considered to have withdrawn from the contract during the service. In this case, the customer is responsible for the costs and damage caused by it. In the event of a change of the program at its own request or due to force majeure, without there being any reason for this on the part of Matjaž Zgonik due to an improperly provided service, the client does not have the right to request any compensation or price reduction.
Matjaž Zgonik, or an authorized person, may refuse a person at any time before the service or on the day of departure, when he considers that the client could endanger the health or property of himself or others, or who is clearly under the influence of alcohol, drugs or other similar substances at the time of departure. In this case, Matjaž Zgonik acts according to the provisions on termination of the client.
During the service, Matjaž Zgonik has the right to request the customer-guest to terminate the service with the group, if he does not ensure that he personally, his personal documents and his luggage meet the conditions prescribed by border, customs, sanitary, monetary and other regulations, or if he is clearly under the influence of alcohol, drugs or other such substances, or if he behaves inappropriately towards others and his exclusion is requested by the group. In this case, Matjaž Zgonik acts according to the provisions on termination of the client.
Matjaž Zgonik will claim all damages caused by his inappropriate behavior during the performance of the services.
The amount of service cancellation costs in the event that Matjaž Zgonik is not the organizer of the service is determined by the general conditions or another act of the organizer.
8. CHANGE OF THE PROGRAM OR CANCELLATION OF THE SERVICE BY THE ORGANIZER
In accordance with applicable legislation, Matjaž Zgonik reserves the right to cancel services if the minimum required number of participants specified in the service program does not sign up for the service.
Matjaž Zgonik informs the client of the termination of the contract if the minimum number of participants has not registered, no later than:
– 2 days (48 hours) before the start of services lasting 1 day.
In cases where Matjaž Zgonik expressly guarantees the performance in writing, he cannot cancel the service, unless fewer than the minimum number of participants of the service provided for in the program sign up.
Matjaž Zgonik reserves the right to fully or partially withdraw from the contract, if extraordinary circumstances occur before or during the implementation of the program that could not be expected, removed or avoided, and for Matjaž Zgonik these circumstances represent a valid reason for the contract not to would have concluded if they existed at the time of the conclusion of the contract.
Matjaž Zgonik may terminate the contract or withdraw from the contract and demand reimbursement of damages from the client who directly violates the provisions of the contract concluded with Matjaž Zgonik, especially if it is established that the client intentionally provided incorrect information about the number of participants or their ages, or changes occurred during the service, but the client did not inform Matjaž Zgonik about this. Matjaž Zgonik reserves the right (and is not responsible) for changes to the date and time of departure or for cancellation of the service due to force majeure and the right to change the service if the conditions for the service change (new timetable, uncertain situation in the country where the service is organized , natural disasters or other unforeseen causes beyond Matjaž Zgonik’s control), without special compensation and in accordance with applicable regulations in passenger traffic.
The responsibility of Matjaž Zgonik is limited only to the non-implementation of a certain part of the program, in the part that entails relevant material costs. Matjaž Zgonik is not responsible for non-material damage resulting from delays, cancellations or changes to the transport or means of transport.
Matjaž Zgonik cannot take responsibility for changes to the program due to the occurrence of any force majeure during the course of the program. In these cases, it can provide the client with services in a modified form, based on existing options.
In the event that Matjaž Zgonik cancels the service, the client has the right to a full refund of the price paid, but does not have the right to a refund of the costs that were requested with the program. Matjaž Zgonik shall immediately notify the client of any subsequent changes to the program.
9. TRAVEL DOCUMENTS
The subscriber must have a valid passport or other valid document with which he can enter the country. The client is obliged to pay attention to all provisions regarding the validity of the travel document. The validity of the document is taken into account on the LAST day of services! Matjaž Zgonik is not responsible for possible inconveniences or forced interruption of services for participants of services from this title.
The client is obliged to obtain visas that are required for the country. If the client does not fulfill this obligation, Matjaž Zgonik acts according to the provisions on cancellation of services from the client’s estate. In the case of refusal to enter the country or other obstacles, the client bears all costs himself.
Due to the requirements in international passenger traffic (air, ship, bus, etc.), the client is obliged to provide all the necessary information about all the participants he/she is registering at the time of registration. The data must fully match the data in the official documents that service participants carry with them in accordance with the regulations on crossing the state border and relevant foreign legislative acts. In the event that incorrect information causes delay, additional costs or interruption of services to other participants, the subscriber is responsible for all incurred costs to the participants.
If the client loses documents during the service or if they are stolen, but they are absolutely necessary to continue the service or to return to the home country, the client must obtain new ones at his own expense. In the event that the client has to interrupt the service due to the loss or theft of documents, he is not entitled to any reimbursement of the service price paid or reimbursement of costs.
10. HEALTH REGULATIONS
Matjaž Zgonik is not responsible for possible complications or interruption of services on the part of the client due to non-compliance with the health regulations of the country he is entering, as well as for the costs related to this.
11. LUGGAGE
Matjaž Zgonik is not responsible for the transport, theft or damage of participants’ luggage or other personal belongings, valuables and documents from accommodation facilities (hotel rooms, apartments, etc.) and means of transport (planes, buses, ships, etc.). The participant himself addresses the report of lost or damaged luggage to the carrier or hotel. The customer must notify the transport of special luggage (such as bicycles, surfboards, golf equipment, skis, musical instruments, etc.) at the time of registration and pay the carrier in accordance with the carrier’s rules, unless otherwise specified in the service program. All costs or damage that would arise as a result shall be borne by the client.
When transporting, the client has the right to free transport of a certain weight of luggage (as determined by the carrier), and each additional kilogram is paid by the client on the spot in the appropriate currency or as determined by the carrier.
12. INFORMATION
The information that the client receives does not bind Matjaž Zgonik any more than the information in the program or offer. In case of doubt, a written offer, invoice and contract, written information or written explanation are always considered valid.
13. COMPLAINTS
The client is obliged to report irregularities to the Matjaž Zgonik representative on the spot when they occur. In the event that the complaint could be resolved on the spot (for example, a poorly prepared dish), but the client did not report the error or irregularities to the representative Matjaž Zgonik, it is considered that the client has agreed to such a service and thus has lost the right to file later complaints. The customer can file a written complaint within one month from the day the service was improperly provided, otherwise Matjaž Zgonik will not deal with the content of the complaint. The complaint must be justified. The client should therefore attach to the complaint appropriate evidence and/or a corresponding certificate from the client, caterer, transporter or other relevant person about the actual situation, on the basis of which the client asserts its claim.
Matjaž Zgonik is obliged to respond in writing to the complaint within 8 days of its receipt. If it is a simple deficiency and the error is not in dispute (or if the client did not attach all the necessary documents within the time required to obtain them), Matjaž Zgonik is obliged to comply with the request after receiving a complete complaint request. If the error is not simple, Matjaž Zgonik is obliged to investigate all the circumstances that led to the complaint. Until Matjaž Zgonik makes a decision on the appeal, the client refrains from intervening with any other person, judicial institutions or providing information to public newspapers.
The amount of compensation is limited by the amount of the price of the paid service or by the amount of the real value of the services not performed. This provision does not apply in the event that Matjaž Zgonik has the right to cancel services or change the program, in accordance with the provisions of these general conditions and the law.
Regardless of the complaint filed, the client is obliged to settle his obligations according to the issued invoices for the service provided in accordance with the payment schedule, and any compensation is paid after the complaint procedure has been completed to the personal account of the client/guest.
14. TRAVELING WITH CHILDREN
In individual cases determined by the individual program, it may be determined that minor children up to the age determined by the same program, traveling accompanied by two adults, have discounts on individual services or a special price is provided for children of certain ages.
The terms and amount of the individual discount are specified in each individual program. If the individual program does not provide for special discounts for minors traveling accompanied by adults, it means that this program does not provide for such special discounts.
Every child, regardless of age and the amount of possible discounts, must be listed on the travel document and must have valid documents necessary for possible entry into the foreign countries to which they are traveling. If the child is not listed on the travel document or voucher for an individual program, it is considered that this child does not have the right to travel within the scope of this program.
15. PROTECTION OF PERSONAL DATA
Matjaž Zgonik undertakes that the data you provide via websites, written documents or non-textual communications will not be forwarded to third parties. The sale or free transfer of data to third parties is excluded. All data is treated as strictly confidential, used for internal business records and for the purpose for which it was provided. Your information is protected against loss, misuse, unauthorized access, disclosure, alteration or destruction.
16. FINAL PROVISIONS
The District Court in Nova Gorica is responsible for resolving disputes. Prices published in Matjaž Zgonik programs do not include value added tax, as Matjaž Zgonik is not a taxable person.
Organizacija dogodkov, Matjaž Zgonik s.p.
Datum izdaje Splošnih pogojev: 1. 10. 2024
Skrilje 45
5263 Dobravlje
telefon: +386 40 166 042 (Matjaž)
e-pošta: info@winestronaut.com
