Thank you for booking and/or travelling on a balkantravelservices.com with a division of Balkan Travel Services d.o.o. Mostar.
These Terms and Conditions apply to any travel products and/or services purchased from Balkan Travel Services, and govern the contractual relationship between you and Balkan Travel Services with respect to any such travel products and/or services (hereinafter, the “Products”).
All Balkan Travel Services tours are operated by Balkan Travel Services (BTS).
Please read these Terms carefully as by booking any Product with BTS, or by travelling on a BTS tour or Product you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when Balkan Travel Services, or an authorized agent acting on Balkan Travel Services behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Balkan Travel Services of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Balkan Travel Services to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Balkan Travel Services that:
i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so;
ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Balkan Travel Services for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Balkan Travel Services.
2. MEDICAL CONDITIONS & MEDICAL FORM
All Clients are obligated to provide requested relevant medical information to Balkan Travel Services upon booking their tour Product, and may be required to complete the BTS Medical Information form.
- (a) a Clients indicates has any pre-existing medical conditions which may have any impact on the Client’s ability to complete activities included in the tour Product, the Client’s ability to travel to remote areas removed from medical facilities, or which may have any impact whatsoever on the Client’s ability to travel or the travel experience of others on the Product tour; OR
- (b) a Client is travelling on the trip designated by Balkan Travel Services as an Excursion that Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to BTS prior to or in conjunction with that Client’s final payment in respect of the applicable booking.
Clients are responsible for assessing their own suitability and capability to participate in the tour Product such Client has booked. All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Balkan Travel Services encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Balkan Travel Services. Balkan Travel Services does not provide medical advice.
Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Balkan Travel Services may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged.
Adventure travel, as offered by Balkan Travel Services, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Balkan Travel Services operates varies and Balkan Travel Services makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.
3. SPECIAL REQUIREMENTS
Balkan Travel Services will endeavor to accommodate the special requests of Clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Balkan Travel Services and Balkan Travel Services is not liable for any failure to accommodate or fulfill such requests.
Client Age Requirements: Clients aged 18 at date of first travel are deemed to be adults. On all Products an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). Unless otherwise indicated in the tour description, or otherwise by Balkan Travel Services, the minimum age for Clients travelling on tours is 12 years.
To travel on a Balkan Travel Services-designated “YOLO” tour, Clients must meet the minimum age requirement of 18 years of age as of the date of travel, along with other applicable age restrictions as promulgated from time to time by Balkan Travel Services.
Minors: All Minor Client bookings are subject to review and approval by Balkan Travel Services. If the consent of a parent or any other person is required by applicable law, judgment, or decree for any Minor Client to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. Balkan Travel Services will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approvals.
Each Adult on a booking with any Minor Client is joint and severally responsible for the behavior and wellbeing of all Minor Client(s) on such booking, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minor Client(s). Balkan Travel Services does not provide care services for Minor Client(s) and Balkan Travel Services and its representatives expressly disclaim any responsibility for chaperoning or controlling any Minor Client(s).
Family Tour Requirements: In order to book any Products designated on Balkan Travel Services website, in relevant brochures, or otherwise indicated by Balkan Travel Services to be a “Family Tour”, Clients must be travelling as part of a “Family Unit”. A “Family Unit” shall consist of a group of two or more Clients, travelling and booking together, where at least one such Client is a child in the care of at least one of the accompanying adults. One child may accompany one or more adults for the purposes of being considered a “Family Unit”. Balkan Travel Services reserves the right to cancel the booking of any Clients travelling or purporting to travel on a Family Tour who, in its sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise do not meet Balkan Travel Services’ requirements of participation in a Family Tour.
CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION covering all applicable dates of any travel with Balkan Travel Services and this insurance must cover personal injury and emergency medical expenses. On the first day of each Product tour, a Balkan Travel Services Tour Leader or other Balkan Travel Services representative will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Balkan Travel Services Product.
5. PRICES, SURCHARGES AND TAXES
Due to the nature of Adventure travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. Tours are priced and advertised inclusive of applicable sales taxes.
From time-to-time Balkan Travel Services may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Balkan Travel Services) are not entitled to the reduced pricing.
All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any Balkan Travel Services brochure or on the Balkan Travel Services website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Balkan Travel Services website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details for the relevant Product tour as minor changes may have been made since the confirmation of booking.
Tours and Independent Tours: At time of booking any Product a non-refundable deposit is applicable, per person per tour is due from the Client to Balkan Travel Services. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to Balkan Travel Services or to the authorized Agent through whom the Client has booked, depending on the original form of booking. Balkan Travel Services-designated excursions, or certain Products combined with other forms of Products may require a higher deposit or full payment at the time of booking, which will be advised prior to the confirmation of such booking.
Lifetime Deposits: Should the Client cancel their booking (for any reason other than nonpayment or any other breach of these Terms), the deposit amount as defined above, will be held as a “Lifetime Deposit” with Balkan Travel Services, subject to the full extent of these Terms. Lifetime Deposits have no expiry and may be applied, by the Client who originally made the cancelled booking in respect of which such Lifetime Deposit was originally received, towards payment of a deposit on any other Balkan Travel Services Product. Any additional costs, such as permit costs above the deposit amount are subject to different terms and conditions and do not form part of such Lifetime Deposit. The Lifetime Deposit has no cash value and is non-transferable. Only one Lifetime Deposit may be applied per Client, per Product booked. All Lifetime Deposits must be applied to a new Product booking that is of equal or greater value than the Product in respect of which such Lifetime Deposit was originally received. A Lifetime Deposit may not be applied to the same or similar dates of travel or a Product at a price lower than the Product which was cancelled and/or in respect of which the Lifetime Deposit was originally received.
8. CLIENT DETAILS REQUIRED FOR BOOKING
As a condition to valid confirmation of any booking with Balkan Travel Services (including all Products and Expedition Trips) the Client must provide all necessary information as requested by Balkan Travel Services along with their final payment. If the Client fails to provide such information prior to the day full payment is due in respect of the relevant Product, an Administrative Fee will be charged to the Client in respect of any costs payable by Balkan Travel Services as a result of the Client’s failure to timely provide the required information. In addition, if the Client fails to supply required information for certain Product inclusions such as air tickets or other inclusions, Client shall bear all responsibility and liability for any failure to obtain or provide such inclusion due to the Client’s failure. Balkan Travel Services also reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by Balkan Travel Services, in its sole discretion, where Client has not provided full booking details as requested by Balkan Travel Services by the relevant time. The information required from each Client will vary tour by Product purchased, and the requirements will be communicated to the Clients, or to Balkan Travel Services’ authorized agent, during the booking process. Balkan Travel Services will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Client.
9. PAYMENT CONDITIONS
Balkan Travel Services is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Balkan Travel Services.
10. CANCELLATION BY THE CLIENT
A Client may cancel their booking by notifying Balkan Travel Services or their booking Agent, where applicable. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Balkan Travel Services and are expressed hereinafter as a percentage of the total price paid for the cancelled Product, excluding any insurance products.
Cancellation for Tour Product and Independent Tour Product:
- (a) Cancellation received 60 days or more before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by Balkan Travel Services in accordance with the terms hereof, the remainder of the payments made by the Client to Balkan Travel Services in respect of the cancelled Product shall be refunded to the Client.
- (b) Cancellation received 59-30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by Balkan Travel Services in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to Balkan Travel Services in respect of the cancelled Product shall be refunded to the Client.
- (c) Cancellation less than 30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by Balkan Travel Services in accordance with the terms hereof, and no further refund shall be payable to the Client.
- (d) Custom or FIT trips may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.
11. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY Balkan Travel Services
Balkan Travel Services guarantees all scheduled Product tour departures that have been booked by a Client shall depart as scheduled (subject to reasonably itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one Client has a confirmed booking upon it (secured, at minimum, via valid payment of a deposit). This guarantee is not applicable in Force Majeure situations, as herein defined.
If a tour is cancelled by Balkan Travel Services before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
- (a) accepting from Balkan Travel Services a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or
- (b) accepting from Balkan Travel Services a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Balkan Travel Services the difference in price between the price of the tour originally purchased and that of the substitute tour; or
- (c) accept from Balkan Travel Services a full refund of all monies paid for the cancelled tour Product(s).
Balkan Travel Services is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Balkan Travel Services reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Balkan Travel Services will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Balkan Travel Services will provide the Client a refund of unused Products or Product portions.
12. TRAVEL DOCUMENTS
The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with Balkan Travel Services), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Balkan Travel Services which are a direct result of the Client’s failure to secure proper travel documentation. Balkan Travel Services does not represent or warrant the accuracy of any information or advice given by Balkan Travel Services regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. and Client agrees that Balkan Travel Services is not responsible for any errors or omissions in such information.
13. FLEXIBILITY & UNUSED SERVICES
The Client acknowledges by booking a Product and/or agreeing to travel with Balkan Travel Services that the nature of adventure travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Balkan Travel Services. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Balkan Travel Services and that Balkan Travel Services is not liable to any Client for such changes or amendments.
Balkan Travel Services shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Balkan Travel Services, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.
Changes made by Balkan Travel Services:
Reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by Balkan Travel Services, in its’ sole discretion. If Balkan Travel Services makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, Balkan Travel Services will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:
- i) accept the Material Change and proceed with the amended Product;
- ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
- iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
- iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).
The affected Client must notify Balkan Travel Services or their travel agent of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.
Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of Balkan Travel Services. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that Balkan Travel Services shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. Balkan Travel Services will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.
Changes made by the Client:
Client is responsible for ensuring that information provided to Balkan Travel Services in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the travelling Client’s name on any Product booking are subject to Balkan Travel Services’ approval. Any changes to a file will depend on availability and will be on a request basis and subject to Balkan Travel Services’ approval. Any extra costs incurred for making the change will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 10 days of departure of the first Product to depart under the applicable booking.
15. CLIENT’S ACCEPTANCE OF RISK
The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release Balkan Travel Services from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including Balkan Travel Services travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region.
The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with under-developed infrastructure.
The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that Balkan Travel Services is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated.
The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Balkan Travel Services (acting reasonably), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Balkan Travel Services may terminate that Client’s travel arrangements on any Product immediately without any liability on Balkan Travel Services’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by Balkan Travel Services, Balkan Travel Services’ suppliers or Balkan Travel Services’ partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client while on tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Balkan Travel Services’ representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any Balkan Travel Services tour Product, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Balkan Travel Services, nor its Third Party Suppliers (as hereinafter defined) shall not be liable for any failure on the Client’s part to comply safety instructions or recommendations of Balkan Travel Services or its Third Party Suppliers.
Client agrees to bring any complaints regarding a Product to Balkan Travel Services as soon as possible in order to provide Balkan Travel Services with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated Balkan Travel Services representative at the earliest opportunity, or to the Balkan Travel Services local Office Manager at the nearest location to the applicable Product tour, or to Balkan Travel Services’ Customer Service department directly. Balkan Travel Services assumes no liability for complaints that are not properly brought to the attention of Balkan Travel Services with sufficient notice for Balkan Travel Services to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by Balkan Travel Services via its Agents or directly within 30 days of the end of the tour Product in question.
16. Balkan Travel Services IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS
Balkan Travel Services makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the product Tour(s). Although Balkan Travel Services takes all reasonable care in selecting Third Party Suppliers, Balkan Travel Services is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Balkan Travel Services does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction.
BALKAN TRAVEL SERVICES IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN Balkan Travel Services AND ITS EMPLOYEES.
For clarity, neither BTS nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
17. OPTIONAL EXTRAS
Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by Balkan Travel Services Tour Leaders or other Balkan Travel Services’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and Balkan Travel Services makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any Balkan Travel Services representative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases Balkan Travel Services from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
The Vessel used in Expedition Trips carries onboard service providers, which may include medical staff, spa personnel, entertainers, etc. who operate as independent contractors. Their services and products are charged as optional extras. Neither Balkan Travel Services nor the Carrier is responsible for their performance or products. These contractors contract directly with the Client for their services. Neither Balkan Travel Services nor the Carrier is responsible for any such person’s acts or omissions in providing goods or services to the Client.
Shore Excursions on Expedition Trips are subject to their own set of Terms and Conditions, separate and apart from these Terms, and may be reserved after an Expedition Trip has been booked and confirmed. All Clients must ensure that they are fit and healthy to undertake Shore Excursions.
Any Client using such services or activities shall be deemed to agree and consent that any liability for any loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property shall be the sole responsibility of the provider of such service or activity.
Balkan Travel Services is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).
Balkan Travel Services shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Balkan Travel Services cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Balkan Travel Services such as hotels, home stays, vessels, expedition vehicles, or any other mode of transportation.
In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Balkan Travel Services or of the third-party suppliers of any services which form part of the Contract then Balkan Travel Services limits its liability, where applicable by all applicable International Conventions. Carriage of Clients and their luggage by sea is governed by the Athens Convention which is expressly incorporated into these Terms & Conditions and any liability of Balkan Travel Services and/or the Carrier for death or personal injury or for loss or damage to luggage arising out of carriage by sea shall be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to Balkan Travel Services and/or the Carrier.
- (a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
- (b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damage payable by Balkan Travel Services up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from Balkan Travel Services on request.
In so far as Balkan Travel Services may be liable to a Client in respect of claims arising out of carriage by sea, Balkan Travel Services shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms shall be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. Balkan Travel Services’ liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which Balkan Travel Services may incur to the Client, whether under the contract with the Client in accordance with these Terms or otherwise, shall always be subject to the limits of liability contained in the Athens Convention for death/personal injury.
Notwithstanding anything to the contrary elsewhere in these Terms, Balkan Travel Services shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Balkan Travel Services may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then Balkan Travel Services liability will not exceed $1,000. Balkan Travel Services will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against Balkan Travel Services and its suppliers, contractors or other third parties.
19. FORCE MAJEURE
Balkan Travel Services shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Balkan Travel Services failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Balkan Travel Services; or an event which Balkan Travel Services or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, shall constitute “Force Majeure”.
20. IMAGES AND MARKETING
The Client agrees that while participating in any Balkan Travel Services Product (including, without limitation, Group/Independent travel, Expedition Trips, National Geographic Journeys and other Product(s)) images, photos or videos may be taken by other Clients and/or Balkan Travel Services representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Balkan Travel Services, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees including but not limited to National Geographic), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
In the event that any term or condition contained herein is unenforceable or void for any reason then such term or condition will be deemed severed from these Terms or amended to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
23. CONTRACT PARTIES & SUCCESSORS
These Terms shall ensure to the benefit of and be binding upon Balkan Travel Services and the Client and their respective heirs, legal and personal representatives, heirs, executors, estate trustees, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.
24. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Hercegovačko-neretvanski Kanton, Federation of Bosnia and Herzegovina and Republic Bosnia and Herzegovina and all Clients submit to the exclusive jurisdiction of the courts located in Mostar, Bosnia and Herzegovina for the resolution of any dispute under these Terms or concerning a Product.
Balkan Travel Services reserves the right to update or alter these Terms at any time, and shall post the amended Terms on the Balkan Travel Services website at http://balkantravelservices.com/terms-and-conditions/. Any such amendment shall take effect 10 days following its posting to the Balkan Travel Services website. The latest Terms, as amended, may be accessed any time on Balkan Travel Services website or will be sent to Client upon written request to Balkan Travel Services. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Balkan Travel Services website. Balkan Travel Services recommends that all Clients refer to the Terms prior to their travel to familiarise themselves with the most up-to-date version here of.