GENERAL TERMS AND CONDITIONS
I. GENERAL PROVISIONS
These general terms and conditions and instructions for tourist arrangements and sports camps are an integral part of the application form, contract, or referral/voucher concluded by Sark Ltd (hereinafter Sark or Ujusansa) or an authorized agency and passenger or. a student booking for an order for a specific arrangement.
The General Terms and Conditions book to tourist arrangements and sports camps organized by Sark and to the tourist arrangements of other tour operators offered by Sark and its business units. Sark’s general terms and conditions are considered in effect unless otherwise specified in these general terms and conditions regarding the travel arrangements of other tour operators.
If the special terms and conditions or individual program stipulate otherwise in relation to any point of these general terms and conditions and instructions, the statement or provision stated in the program shall book.
In the case of telephone sales or sales via the Internet, it is considered that the passenger has accepted the provisions of these general terms and conditions when ordering a travel arrangement by telephone or via the Internet. The provisions of the general conditions and instructions can be found on the website, where Sark, as the owner-owner or through foreign tourist arrangements, provides its services via the Internet, where they are specially marked and generally accessible.
The client or passenger is any person who has made a valid reservation or made a purchase and payment for a tourist arrangement or other service Sark Ltd and is subject to these general terms and conditions and instructions for travel arrangements.
The passenger can book for the tourist arrangement offered by Sark in his offer, in any of Sark’s branches or authorized agencies, or via the application form on the website. The application form is considered as a travel contract, which is also a confirmation of the reservation and contains either information about the traveler’s travel arrangement or refers to the program of the arrangement, where this information is provided. Upon check-in, the passenger is obliged to provide all the information and submit the documents required by the travel program and pay the registration fee and any costs of check-in or reservation.
In the event that the passenger does not provide the correct information at check-in, he is responsible for all costs or consequences arising from incorrect information.
Passenger registration is binding. It can be waived only in accordance with the provisions on the passenger’s cancellation of the trip (point VII of these general terms and conditions). The application is considered valid with the signature of the client or written confirmation (possibly via e-mail), as well as with the payment itself, regardless of whether it is signed or not.
In addition to the explicit written application or signed application form, any order submitted orally or in writing containing the name and surname of the passenger and other participants, credit card number or identification of another payment instrument, payment of the application fee or part thereof, payment of costs is considered binding. Applications or reservations, or an implied act indicating that the passenger has submitted a binding application, or an application containing any of the above information.
If the passenger decides to book with an option (inquiry or offer) by the organizer, the conditions for concluding the contract, which is indicated on the options document, book. The option is not valid and is not binding in case of force majeure or “stop booking.”
The day of payment is when the passenger makes the payment at the Sark cash desk or authorized agency or when Sark receives payment to the Sark bank account.
Upon check-in, the passenger pays the registration fee as stated in the travel program and the reservation cost. The passenger pays the remaining part at least 21 days before the start of the trip or as stated in the program.
Suppose the remaining part of the contractual obligation is not paid by the passenger or their check-in point within the stipulated time. In that case, they shall be deemed to have terminated the travel contract and the provisions on cancellation of the travel contract from VII shall book. Points of these general terms and conditions and instructions for tourist arrangements.
Timely and correctly paid registration fee and registration costs guarantee the passenger, under the conditions set out in these general terms and conditions and instructions for travel arrangements or under the conditions set out in special business conditions or program, participation or vacancy in an individual travel arrangement or trip.
The passenger can pay in cash or by other means of payment. In accordance with the terms of non-cash operations of financial institutions, in case of non-cash payment (credit cards, Maestro, BA, …) of a travel arrangement or other services of Sark, in case of refund, Sark does not pay cash in any case and the traveler can request a credit , if entitled to it.
Special payment terms are listed in the offer and / or in the Price List of services.
Guests can pay in the following ways:
PAYMENT BY BANK TRANSFER
At a bank, post office, or online bank with a payment order.
CREDIT CARD PAYMENT
You can pay for the order with a Visa or MasterCard credit card. You must enter the following information: card type, card number, cardholder name, expiration date, and verification code (CVC2 / CVV2) found on the back of the card. After entering the required information, you will be redirected to a bank page that is protected and secure for this type of payment. At no time is there any information about your payment card available in our system. Data entry and verification occur exclusively between the cardholder and the bank, and the ISP does not have access to the exchanged data. Payment is not possible in foreign currency, but only in EUR. Payment is possible with payment cards of domestic and foreign banks.
Protection of personal data in accordance with the General Data Protection Regulation of the European Parliament and of the Council no. 2016/679 – Regulation and implementation of the General Data Protection Regulation
Travel prices are determined by the travel program and are valid from the date of publication of the program.
In addition to the basic price of the tourist package, the passenger is obliged to pay all mandatory surcharges (visas, etc.), which, if not already included in the basic price of the package, are added together with the basic price of the tourist package and any optional additional payments. price and thus, on the basis of the application form, represent the final obligation of the passenger.
The tour operator has the right to increase the price no later than 20 days before the start of the trip, in the event of changes in the exchange rate of the contractual (agreed) currency, to increase transportation costs, including fuel costs, or to increase fees for certain services (airports, ports, etc.) that affect the cost of travel. The price increase is calculated with the same percentage as the increase of the previously mentioned calculation elements. The travel contractor or passenger has the right to terminate the travel arrangement contract if the increase exceeds 10% of the base price of the arrangement. In this case, he is entitled to a refund of the amount paid without the right to compensation for damages and any costs of visa, insurance, vaccination and similar costs.
The organizer informs the passenger about any change in the price of the trip.
In the program, Sark can recommend that the passenger pay for services (optional excursions, rental of sports equipment, etc.) that will be performed on site. In this case, Sark does not act as an organizer, not as a mediator, but only as an informant. In this case, the passenger asserts all claims exclusively to the contractor or service provider on the spot.
Sark can determine the price of the arrangement in the program, while explicitly stating that the price can be reduced if a certain number of passengers check in or other well-defined conditions occur. Such a provision in no way guarantees that the conditions for reducing the price of the arrangement will occur and the passenger cannot withdraw from the contract because the conditions for a possible reduction in the price would not occur.
Any discounts and benefits are always mutually exclusive and do not add up. If several discounts and/or benefits are possible, the passenger chooses the discount or benefit that suits him best and for which he meets the conditions.
V. SERVICES INCLUDED IN THE PRICE OF THE ARRANGEMENT
Unless otherwise specified in the program, the price of the package includes transport, hotel, and catering services listed in the travel program and the organization of the trip.
Unless otherwise specified in the program, the prices of individual tourist arrangements per person book for accommodation in double rooms.
VI. SPECIAL SERVICES
Special services are those services that are generally not included in the basic price of the package (single room, special meals, optional additional excursions, etc.).
In the event that special or additional services are advertised for an individual arrangement, the passenger submits wishes for these services upon check-in and pays them to the basic price of the arrangement. The published prices of additional or special services are valid only in the case of ordering and paying for these services when ordering and paying for the basic arrangement at the registration point.
During the trip, the passenger pays for special services to the tour leader or a representative of Sark or a representative of the travel organizer who organizes the passenger’s travel arrangement, in the place where the service is provided, in the appropriate currency, if this service can be ordered at the price on the spot.
VII. PASSENGER CANCELLATION OR CHANGE OF TRAVEL
The passenger has the right to cancel the trip at the check-in point where he checked in. In the event that the passenger cancels the check-in, Sark is entitled to reimbursement of costs due to the cancellation of the travel contract. The amount of reimbursement depends on the time in which the passenger submitted the cancellation.
The amount of reimbursement of the costs of cancellation of the arrangement depends on the time before the day of the start of the service in which the passenger canceled the travel contract:
90 days before departure: Sark withholds a registration fee of EUR 100.00
90 to 22 days before departure: Sark retains the registration fee of 100.00 EUR and 30% of the package price
21 to 15 days before departure: Sark retains the registration fee of EUR 100.00 and 50% of the package price
14 to 8 days before departure: Sark retains the registration fee of EUR 100.00 and 80% of the package price
7 to 1 days before departure: Sark retains 100% of the package price
• Non-participation without cancellation – 100% of the price of the arrangement.
In cases where Sark is not the organizer of the tourist arrangement, at least the following conditions book when determining the amount of costs due to the cancellation of the trip:
• up to 45 days – 10% of the package price;
• 44 to 35 days before the start of the service – 50% of the package price;
• 34 days up to and including the day of the start of the service – 100% of the price of the arrangement.
In all cases where the subject of the contract is the purchase of airline tickets, Sark has the right to withhold the reservation fee (TSC) in addition to cancellation and administrative costs.
If the passenger does not show up or cancels the travel contract on the day of the start of the trip or even after its start, Sark or another travel organizer will charge him for the entire value of the arrangement.
If the conditions for reimbursement of costs due to cancellation of the application are determined differently in the program, the conditions set out in the program shall book.
Upon termination of the travel contract, the passenger must sign a cancellation document, which is offered to him for signing by the sales consultant. In the event that he refuses to sign this document, he shall be deemed not to have terminated the travel contract.
During the trip, the passenger may interrupt the trip at his own request and with a written statement of termination. If the passenger interrupts the trip during the trip, he is not entitled to a refund or purchase price upon return, neither in part nor in full.
If the passenger changes the program during the trip or does not travel according to the program, which is an integral part of the contract with Sark, it is considered that the passenger has withdrawn from the contract during the trip. In this case, too, he is not entitled to reimbursement of costs or purchase price, neither in part nor in full. In this case, however, the passenger is responsible for the costs and damage caused by the change in the program.
In the event of a change in the program at his own request or due to force majeure, without any reason on the part of Sark due to improper service, the passenger is not entitled to claim any compensation or price reduction.
After concluding the contract, the passenger may change the name or number of passengers, accommodation, date of travel, provided that such a change is possible without canceling the arrangement. Such a change is free of charge. In cases where the change incurs costs, especially when the arrangement also includes charter or scheduled air transport, and also costs due to cancellation and change by contractors, Sark seeks reimbursement of actual costs incurred due to the change.
VIII. DISCLAIMER RISK
If the passenger anticipates at check-in that due to certain circumstances (which may occur with him or his immediate family) he will not participate in the trip, he can pay the cancellation risk. The agreement on cancellation risk can be concluded no later than the day of confirmation of the reservation and is valid only in the case of official calls, unexpected deterioration of health or death in the immediate family (spouse, parents, children). The passenger can claim a refund of the amount paid from the paid cancellation risk only upon submission of the relevant written proof.
Cancellation risk is 5% of the full price of the arrangement. The program can be used to determine a different level of cancellation risk, or that cancellation risk is not possible.
In the event that the subject of the travel contract is the purchase of an airline ticket, Sark retains the reservation fee (TSC) in addition to the administrative costs. The passenger is therefore entitled to a refund of the amount paid for the contractually agreed tourist services, less administrative costs, payments for cancellation risk, and TSC. Sark is not responsible for any other costs incurred by the traveler as a result of the planned trip or other travel services under the travel contract (eg vaccination costs, visa, travel costs, etc.).
The passenger has the right to claim a refund based on the paid cancellation risk, in the event that the travel contract is terminated for the above reasons no later than two hours before the start of the trip. The start of the journey, which begins with organized bus, air or boat transport, is considered to be the hour of bus, plane, or ship departure. In the case where organized transport is not included in the tourist arrangement, the time when the passenger could actually take over the accommodation facility is considered to be the start of the trip.
If the passenger does not start the trip on the day set as the start of the trip and does not cancel the trip in writing before the start, he is not entitled to claim a refund.
but on the basis of paid cancellation risk. In the case of tourist arrangements that do not include organized transport, the passenger is not entitled to a refund of the amount paid on the basis of cancellation risk if he does not show up at the accommodation facility on the day of the start of the trip.
It is also considered that the passenger did not start the trip or withdrew from the contract when the passenger is not accepted for transport by the carrier (air, ship, bus and the like) for any reason that may be safety or regulatory, regardless of whether happened at the beginning of the trip or during the trip. In such a case, the passenger is responsible for all damage caused and cannot claim any refunds based on the paid cancellation risk. The passenger is also not entitled to reimbursement due to the risk of cancellation if he does not provide appropriate written proof of the justified reason for the cancellation of the trip.
A claim for the risk of cancellation cannot be made after the start date of the trip, nor for the time of the unused part of the trip.
In other cases of documented force majeure, which are not events covered by the cancellation risk and due to which the passenger cancels the trip or withdraws from the contract, Sark has the right to reimbursement of all its costs incurred, as well as those arising from the cancellation. Force majeure must be documented by valid official documents and in such a way that it could not have been foreseen or avoided before the conclusion of the contract.
In the event that the passenger takes out travel cancellation insurance with one of the insurance companies, the passenger’s rights under the cancellation risk insurance are exercised with this insurance company, using the general terms and conditions of the insurance company. The course of resolving a claim and the time of resolving a claim are the responsibility of the insurance company through which the cancellation risk insurance is concluded.
IX. ORGANIZER ‘S RIGHT TO CANCELLATION OF THE JOURNEY
Sark reserves the right to cancel the trip or change the travel program in accordance with applicable law. Sark reserves the right to cancel the trip no later than 7 (seven) days before the scheduled departure, if the required number of passengers specified in the program or application form is not registered for the trip.
The minimum sufficient number of passengers to carry out an individual trip or camp is set out in each program.
Sark reserves the right to withdraw from the contract in whole or in part if extraordinary circumstances arise before or during the implementation of the program which could not have been expected, eliminated or avoided, and for Sark these circumstances constitute a valid reason not to conclude the contract. , if they existed at the time of the conclusion of the contract.
Sark may terminate the contract or withdraw from the contract and demand compensation from the passenger who directly violates the provisions of the contract concluded with Sark, especially if it is established that the passenger intentionally provided incorrect information about the number of passengers or their age. there were changes during the trip, but the passenger did not inform Sark about it.
Sark reserves the right to change the day and time of departure or to cancel the trip due to a change in flight schedule or force majeure and the right to change the direction of travel if the travel conditions change (new schedule, precarious situation in the country where the program is organized , natural disasters or other unforeseen causes beyond the control of Sark), without special compensation and in accordance with applicable regulations in passenger traffic.
Sark cannot take responsibility for program changes due to the occurrence of any force majeure during the course of the program. In these cases, it can provide services to passengers in a modified form, depending on existing options.
In the event that Sark cancels the trip, the passenger is entitled to a full refund of the paid price of the arrangement. In the event of Sark’s cancellation of the trip, the traveler is not entitled to reimbursement of the cost of the visa required to enter the country to which the trip is to be made, or the costs of vaccinations required by the program.
Sark shall immediately notify the passenger of any subsequent changes to the program. If Sark or another tour operator withdraws from the contract during its performance, he has the right to fair payment for the agreed services.
Sark is not responsible for delays of aircraft, ships, or trains, nor for changes in the program that would result from such delays.
In the event that the situation on the spot does not allow Sark to accommodate passengers in the ordered facility, Sark may accommodate a passenger in the same location in another facility of the same category.
X. TRAVEL DOCUMENTS AND OTHER TRAVELER’S OBLIGATIONS
The passenger is obliged to be informed about the applicable regulations on travel documents, visas, foreign exchange, customs and health regulations. The passenger is obliged to ensure that he personally and his documents and luggage meet the conditions provided by the border customs, health and other regulations of his country, as well as those to or through which he travels.
A traveler booking for a trip abroad must have a valid passport or other valid relevant document with which he can enter a particular country.
In the event that individual countries condition entry into the country with a certain time validity of the travel document before the expiration date on the day of entry, the passenger is obliged to observe these provisions and Sark is not responsible for any inconvenience or forced interruption of travel.
The passenger is obliged to respect the customs and foreign exchange regulations of the Republic of Slovenia and the countries to which we are traveling. If you are unable to continue your journey due to non-compliance with these regulations, you will bear all the consequences and costs incurred in this regard.
Before the trip, or until the deadline specified in the program, the passenger is obliged to obtain visas for the countries to which he travels and perform the vaccinations required for these countries. If the passenger does not fulfill these obligations, Sark will follow the provisions on the passenger’s cancellation of the trip. In the event that a passenger is granted a Sark visa, the latter does not guarantee the success of obtaining the visa. Sark does not reimburse the costs of obtaining and the visas themselves. Sark does not guarantee the accuracy of the information obtained from the competent embassies. In case of refusal of entry into the country or other obstacles, all costs are borne by the passenger himself. Sark’s mediation in obtaining a visa is not included in the price of the trip, but is paid separately. It is considered that the traveler arranges the visa himself / herself when Sark does not deliver the necessary documents for the arrangement of the visa within the deadline specified in the program or offer.
Due to the requirements in international passenger transport (air, ship, bus …), the passenger is obliged to provide all the necessary information about all participants of the trip or holiday that he is registering. The information must correspond exactly to the information in the official documents that the participants of the trip are obliged to carry with them in accordance with the regulations on crossing the state border and the relevant foreign legislative acts. In case of incorrect data cause delay, additional costs or interruption of the trip, the passenger is solely responsible for all costs incurred by the participants in the trip.
The passenger is obliged to respect the house rules in catering and hotel facilities and to cooperate in good faith with the representative of the organizer and the service provider. If the passenger does not comply with his obligations, he is liable to the organizer for the damage caused, and the organizer disclaims any responsibility for the damage that the passenger could suffer in such a case. During the trip, the passenger is obliged to behave in a way that does not endanger the life or health of his passengers and does not endanger the course of the trip. In the event that the passenger behaves contrary to this provision, the representative of the organizer has the right to exclude him from further travel without reimbursement of any costs other than payments made on the spot.
XI. NOTICES BEFORE DEPARTURE / TRAVEL
Sark does not send notifications to passengers before the trip by regular mail, unless otherwise specified in the program. Passengers will receive a notice before the trip to their e-mail address (if they made it at check-in), otherwise they can pick up the notice at their check-in point, where it is available no later than five (5) days before the trip. Sark passengers also have access to e-mail addresses and contact details published on the website, where they can also order the notice. Notices before the trip for one-day trips and for all arrangements in Slovenia and Croatia with their own transport are not prepared, as all instructions are listed on the travel program itself.
In the event that the passenger does not receive a notification to his / her e-mail address within one (1) day before departure, he / she is also asked to contact his / her registration point or the above-mentioned e-mail address and / or telephone number.
Damage caused by the passenger giving an incomplete or incorrect address (classic and / or electronic) for the purpose of completing the referral / voucher, application form, contract and / or notice shall be borne by the passenger.
XII. HEALTH REGULATIONS AND INSURANCE
According to the regulations of the World Health Organization, a traveler is obliged to be vaccinated and obtain an appropriate document when traveling to certain countries. Vaccination is also mandatory if such a regulation is adopted after the conclusion of the application; this is not a justifiable reason to terminate the contract if there are no contraindications to the passenger’s health. In this case, the passenger is required to present a medical certificate. In the event that the travel program lists or requires certain vaccinations or examinations, each passenger must obtain an international certificate or. yellow booklet, with registered vaccinations. Sark is not responsible for any complications or interruption of the trip, due to the passenger’s non-compliance with the health regulations of the country of entry or the program to which he applied, as well as for the costs associated with it.
For a more relaxed atmosphere, it is important that the traveler takes out health insurance before traveling. In Europe, the European Health Insurance Card is valid, which is issued to us free of charge by ZZZS (at least 4 days in advance it must be ordered at www.zzzs.si).
We recommend Coris health insurance with assistance abroad, which can be arranged by Sark.
For diving trips and camps, Sark recommends specialized diving insurance (AquaMed www.aqua-med.de or DAN www.daneurope.org), which in addition to diving insurance also includes tourist health insurance with assistance.
The organizer, agent or broker is not responsible for the transport of luggage, they are not responsible for destroyed or lost luggage, nor for the theft of luggage and / or other valuables in the hotel. The passenger addresses the reports of lost or damaged luggage to the carrier, hotel or other direct service provider. For the transport of special luggage, such as bicycles, surfboards, golf equipment … the passenger must pay a surcharge to the carrier, usually upon departure directly at the airport. In any case, the transport of such luggage must be announced at check-in, but the airline reserves the right to refuse to transport such luggage in any case due to limited capacity. All costs or damage that would result from this are borne by the passenger.
Carriage of luggage up to a certain weight determined by the carrier is free of charge. In the case of air transport, the passenger is entitled to free transport of a certain weight of luggage (according to the carrier’s regulations), and each additional kilogram is paid by the passenger on the spot in the appropriate currency or according to the airline’s regulations. Children under the age of two are not entitled to free luggage transport.
In the case of air transport, luggage is the sole responsibility of the airline, in accordance with the regulations in force in international air passenger transport.
In case of lost luggage, the passenger fills in the PIR form of the airline that performed the transport and hands it over to the representative of the airline, and keeps one copy for himself. On the basis of the form, the airline pays him compensation in accordance with the regulations in force in international air passenger transport.
Sark is not responsible for theft or damage of passenger luggage or other personal belongings, valuables and documents from accommodation facilities (hotel rooms, apartments, etc.) and means of transport (airplanes, buses, ships, etc.).
XIV. ACCURACY OF CARRIERS
Sark is not responsible for the accuracy of transport by land, sea and air when it is performed by public transport, regular or extraordinary passenger transport, voyages or flights. The liability of carriers is duly specified in the contract between the passenger and the carrier, which enters into force using the means of transport. Sark is not liable for damages resulting from delays, cancellations or changes in transport or means of transport.
Sark reserves the right to change the timetable, types of aircraft, carrier and direction of flight (intermediate stops, return via another by airports, etc.), which occur due to various technical and organizational reasons. Delays can also occur, most often due to air congestion, strikes and bad weather, which are beyond the control of the organizer.
The changes from the previous paragraph in the case of package travel arrangements are not considered a change in the travel program, as the first and last day of the trip are intended exclusively for arrival and departure to the destination and related transports, but not for rest.
The passenger is obliged to check the return time with the organizer’s representative 48 hours before they return.
XV. LOSS OF DOCUMENTS
If the passenger loses documents during the trip or they are stolen, but they are urgently needed to continue the trip or to return home, the passenger obtains new ones at his own expense.
When arranging formalities in this regard, the passenger can turn for advice and assistance to the tour leader or Sark’s representative or the representative of the travel organizer who organizes the passenger’s travel arrangement.
In the event that the passenger has to interrupt the trip due to loss or theft of documents, he is not entitled to any refund of the paid trip or reimbursement.
The information that the passenger receives at the check-in point does not bind Sark more than the information in the program or offer. In case of doubt, it is always considered valid: written offer, written information or written explanation.
INSTRUCTIONS and SPECIAL CONDITIONS and USEFUL INFORMATION published in catalogs and / or price lists book to all arrangements for both group and individual departures, for tendered and specially prepared programs and reserved services, and are an integral part of the GENERAL TERMS.
Photographs published on the Internet and in advertising materials are of an informative nature, so Sark does not guarantee the completeness or authenticity of the data and appearance, when such a guarantee is not explicitly stated.
The figures in the weather tables are a multi-year statistical average and serve only as a guide for the passenger, so Sark is not responsible in case of discrepancies between these data and the actual situation.
XVII. CATEGORIZATIONS OF ACCOMMODATION FACILITIES AND HOUSE RULES IN GENERAL
Accommodation in the programs is marked in accordance with the official national categorization in each country, valid at the time of issue of the program, over which the organizer has no influence. The standards of tourist offers among the selected destinations are different and incomparable. It should be borne in mind that the criteria for categorization in some tourist destinations differ significantly from the criteria in force in the Republic of Slovenia or in most Western European countries, so it is recommended to book higher category accommodation at these destinations.
The organizer does not accept responsibility for any written or oral information provided by the authorized agency of the organizer that is not in accordance with the descriptions of services in its program.
House rules, food, services, beach as well as other accommodation facilities are under the control of local tourist organizations. The organizer has no influence on these elements either.
In the case of arrangements marked “all-inclusive”, the description of the services in the program or offer must be read carefully, as it does not appear to equate all “all inclusive” offers. Usually the basic service in the “all-inclusive” offer is full board (breakfast, lunch, and dinner), meals include drinks.
If the passenger does not pay extra for a room with special features (sea view, balcony, location – orientation, specific floor), he is accommodated in one of the rooms that are officially registered for rent to guests at the hotel. The distribution of rooms is the responsibility of the hoteliers, the travel organizer has no influence on this, he can mediate the passenger’s wishes, but he cannot guarantee that they will be fulfilled. When staying in a single room, the traveler must take into account that it usually does not meet the standard of a double room, that it is usually smaller and has a worse position. When staying in a triple room, the passenger must take into account that in most cases it is actually a double room with an extra bed, and the accommodation of a third person does not meet the standard of accommodation of the other two people. It is usually a folding bed, which is not the same size and comfort as a normal bed and is suitable for children.
The passenger must complain about irregularities or deficiencies on the spot, the tour leader, Sark’s representative or the representative of the travel organizer who organizes the passenger’s travel arrangement, the direct service provider or an authorized local agency. In case the complaint could be resolved on the spot (for example, lack of cleanliness of the room, equipment, location of the room, etc.), but the passenger did not complain about the mistake on the spot and did not inform the above persons about the irregularity, that the passenger agreed with the service provided and thus lost the right to file subsequent complaints with a request to reduce the price of the service or pay damages. Sark will not be treated of the complaint, to which the passenger did not attach the minutes of the representative of the organizer or service provider on the complaint, which will show that the deficiencies could not be resolved on the spot.
Complaint procedure: Immediately on the spot, the passenger complains about the inappropriate service to the representative of the organizer, and in his absence to the service provider. The passenger must cooperate with a representative with good intentions in resolving the cause of the complaint. If the passenger does not accept the offered solution of the complaint, which corresponds to the paid services under the program, Sark will not take into account the subsequent requests for compensation of damage or reduction of the price of the trip. If the cause of the complaint cannot be remedied, the passenger and the representative shall draw up a written confirmation. After returning from the trip, the passenger must send a written complaint, and attach evidence that will prove the validity of the complaint (mandatory written confirmation signed by a representative or service provider, any invoices due to additional costs, etc.). The organizer is obliged to respond in writing to the passenger for the first time within 8 days after receiving the complaint, and finally within the appropriate period necessary to obtain information on the cause of the complaint from the service provider; or, in the time necessary to obtain information from third parties in accordance with Article 892 of the Code of Obligations. Until the organizer issues a decision, the passenger refuses to forward the complaint to any other person, judicial institutions or provide information to the media and other publics.
The organizer will only deal with complaints where the cause could not be remedied on the spot. In the event of a complaint for a trip for which Sark is not the travel organizer, Sark will forward the complaint to the responsible travel organizer and inform the passenger in writing about the resolution of the complaint. In the event that Sark acts only in the role of an informant, the passenger must assert all complaints on the spot with the actual organizer of the optional trip, tour, etc. Without a written complaint, Sark does not process claims for price reductions, as well as compensation and other claims.
The complaint must be signed and may be submitted by each passenger on his own behalf or by a third party in writing. The authorization must be attached to the complaint, otherwise Sark will not deal with such a complaint.
The complaint must be substantiated. The passenger should therefore attach to the complaint the relevant evidence and / or the relevant certificate of the hotelier, carrier or other relevant person on the factual situation on the basis of which the passenger asserts his claim.
In accordance with Article 894 of the Code of Obligations, the maximum compensation for incomplete service is limited to the amount paid. The passenger is entitled to compensation in the amount of the real value of the services not performed. This provision does not book in the event that Sark has the right to cancel the arrangement or change the program, in accordance with the provisions of these general terms and conditions and the law. The limitation of liability applies to all trips for which an application form or travel contract has been concluded. The passenger is not entitled to compensation for lost profits and compensation for non-material damage and costs arising from it.
Return of items within 14 days or withdrawal from the contract.
The consumer (this applies only to natural persons who acquire goods for purposes outside their gainful activity) has the right to notify the company within 14 days of receipt of the goods (e-mail: firstname.lastname@example.org) to withdraw from the contract without reason for his decision. The deadline starts one day after the date of receipt of the ordered item. The only cost borne by the consumer in connection with the withdrawal is the cost of returning the goods (which in the case of shipment is charged according to the price list of the delivery service and depends on whether it is a shipment/package/cargo). The goods must be returned to the seller no later than 30 days from the submitted notice of withdrawal from the contract (purchase):
– Attach a copy of the invoice for the item you are returning.
– Reset the item to factory settings if it is an electronic device that has this option (phones, tablets, laptops, etc.)
– Prepare the item for transport. Protect the item properly before handing it over to the carrier. You must protect the item with the original packaging or packaging that can protect the item in the same way as the original packaging to avoid damage during transport. Remember to attach a copy of the invoice.
– Send the items to the company adress.
– We advise you to send the item you are returning by registered mail, as this is the only way to have the traceability of the item.
XX. USE OF DATA
Sark protects all acquired data on passengers in accordance with the Personal Data Protection Act. By signing the contract, the passenger is considered to agree to the use of this information to fulfill contractual obligations and rights, as well as for direct marketing, market research, customer segmentation, statistical processing, and information on the offer of Sark its business partners. If the passenger does not want it he can; he can state this when checking in for the trip.
XXI. FINAL PROVISIONS
All prices include value-added tax.
These general terms and conditions and instructions are an integral part of the application form, which the passenger fills out at check-in. Passengers, by registering for an individual camp, adopted these terms and conditions. Therefore, unless otherwise specified in the individual program regarding any of these conditions, what is written in the program applies.