These General Terms and Conditions for tour packages shall be an integral component of an agreement, booking slip or voucher, which is concluded between Butler & Tailor d. o. o. (hereinafter Butler & Tailor) or an authorized agency that places the booking for a given tour package, and the passenger. These General Terms and Conditions apply to tour packages that Butler & Tailor organizes. For tour packages of other organizers of programs that Butler & Tailor offers, the valid general provisions of Butler & Tailor apply, unless these General Terms and Conditions specify otherwise for tour packages of other program organizers. The organizer of programs is the travel agency, which is named as the organizer in the agreement relating to the program and guarantees the execution of the advertised program in accordance with the content of the tour package. If special operating terms and conditions or an individual program with regard to any point of these General Terms and Conditions determine otherwise, the provision or condition as determined in the program shall apply. In case of a telephone booking or online booking it is deemed, that the passenger has accepted the provisions of these General Terms and Conditions at the time the tour package was ordered, either by telephone or via the internet. The passenger can familiarize himself with these General Terms and Conditions on www.butlertailor.com or on any other website where Butler & Tailor, as a provider of its own or other tour packages, advertises its services online, where the said General Terms and Conditions are marked and generally available. The client (ordering party) or passenger is any person who has made a valid booking or completed the purchase and payment of a tour package or other services of Butler & Tailor and respectively is subject to these General Terms and Conditions for tour packages.
Terms & Conditions
I. General provisions
The passenger can book a tour package offered by Butler & Tailor at the Butler & Tailor tourist office or any authorized agency. Upon booking, Butler & Tailor and the passenger enter into a travel agreement, which at the same time serves as booking confirmation that contains either information about the passenger’s tour package or refers to the package program, where such information is shown. Upon booking, the passenger is required to list all information and submit documents, which the package program requires, pay the booking fee and costs of booking or reservation. Butler & Tailor charges the client the standard reservation costs and costs for its service preparing the offer for the sale of the tour package in the amount of EUR 15.00 per person. For drafting complex offers, Butler & Tailor charges a security bond of EUR 50.00. In case the passenger lists incorrect information upon booking, he/she is liable for all costs and consequences incurred from such incorrectly given information. The booking is binding. Cancellations are possible only in accordance with the provisions relating to cancellations of programs (Section 7 of these General Terms and Conditions). The contract is deemed valid with the signature of the client, and also by means of payment, irrespective of whether it is signed or not. In addition to an explicit written booking or signed agreement, a booking is deemed binding, for every order, conveyed verbally or in written form, which contains the name and surname of the passenger and other passengers, the credit card number or identification of any other payment instrument, the booking payment or part thereof, the payment of booking costs or reservations, or any implied actions, which indicates, that the passenger has passed on a binding order, or order, which contains any of the abovementioned information. Upon reservation of the enquiry, the passenger pays a security bond depending on the amount of range of costs for cancellation of the responsible organizer and on the expected departure date, not to be less than EUR 50.00. In this way everything that is mentioned above in these General Terms and Conditions or in the general terms and conditions of the responsible organizer becomes a legal obligation, for the passenger and the organizer alike, insofar as the responsible organizer confirms such reservation. Should the passenger make a reservation with an option (enquiry or offer) from the organizer, conditions for the conclusion of the agreement that are marked in the options document, shall apply. The option shall not apply and not be binding in cases of force majeure or stop booking.
The day of payment is deemed as the day the passenger performs payment to Butler & Tailor or the day Butler & Tailor receives payment in the bank transaction account of Butler & Tailor. At the time of booking, the passenger makes the booking payment in the amount of 30% of the price of the tour package or the amount stated in the travel program, and costs for reservation. The passenger must pay the remaining amount of payment no later than 21 days before the beginning of the travel program or as specified by the travel program. In case the passenger or booking location does not pay the remaining amount of the contractual obligation within the schedule time limit, it is deemed that the passenger has cancelled the travel agreement, and the provisions relating to the cancellation of travel agreements from Section 7 of these General Terms and Conditions for tour packages shall apply mutatis mutandis. A timely and correctly paid booking including costs of booking guarantees the passenger, under the conditions stated.
In these General Terms and Conditions for tour packages or conditions specified by special operating terms and conditions or by a special program, the participation or an available spot on a specific tour package or travel program. The passenger upon departure is required to produce a document evidencing proof of payment of the tour package to the tour guide (booking slip/voucher or/and confirmation of payment); otherwise the travel guide cannot allow the passenger to join the travel program or tour package. The passenger can pay in cash or with other agreed payment means. According to terms of non-cash transactions of financial institutions, in case of non-cash payment (credit cards, etc.) of the tour package or other services of Butler & Tailor, in case of a payment refund, Butler & Tailor in no circumstances pays in cash; the traveller can demand a credit note, if he/ she is entitled to it. Special payment terms are stated in the special terms and conditions for tour packages.
Prices of tour packages are determined in travel programs and apply from the date of program publication. In addition to the basic price, passengers are also required to pay all mandatory surcharges (visa, etc.), which if not already included in the base price of the tour package, are summed up in the travel agreement together with the base price of the tour package and other optional surcharges into a final price and so on the basis of the agreement represent the total obligation of the passenger. The organizer of the travel program reserves the right to increase prices no later than up to 20 days before the beginning of the program, in case changes occurred to the exchange rates of the agreed contractual (determined) currency, to increases in transfer (transportation) costs, including fuel costs, or to increases in fees for certain services (at airports, ports, etc.), which influence the price of the travel program. Increased prices are calculated with the same percentage corresponding to the increase of the aforementioned elements of the calculation. The contracting party or passenger has the right to cancel the travel agreement if the increase in price exceeds 8% of the base price of the tour package. In this case, the passenger has the right to a refund of the paid amount, without the right to compensation for damages and for other required additional payments of visas, insurance, vaccinations and similar costs. Passengers shall be notified of any change to the program price by the organizer of the travel program. Butler & Tailor can recommend within a program that a passenger pays for services (optional tours, hire of sports equipment, etc.), which will be performed on-site. In this case Butler & Tailor does not act as an organizer, not as an agent, but solely as an informer. In this case, the passenger must enforce all reclamation claims exclusively against the service provider on-site. Butler & Tailor can determine the price of a tour package in a program, explicitly stating that the price of the tour package may be lowered in case a specific number of passenger`s book or whenever other precisely defined conditions are met. Such a provision under no circumstances guarantees that the conditions for a lower price will be met and the passenger cannot cancel the agreement, whenever the conditions for the lower price of the tour package have not been met. Any discounts and benefits are mutually exclusive, and cannot be added together. In case multiple discounts and/or benefits are available, the passenger shall choose the discount or benefit that best suits him/her and for which the conditions he/she satisfies.
V. Services included in the price of the tour package
If not otherwise specified in the program, transfer, hotel and catering services, as stated in the travel program and the travel organization shall be included in the tour package price. If not otherwise specified in the program, prices apply to individual tour packages per person for accommodation in twin/double rooms.
VI. Special services
Special services are those services, which as a rule, are not included in the base price of the tour package (single rooms, special dietary food requirements, optional additional tours, etc.). In the case that special or additional services are added to an individual tour package, the passenger shall express these wishes for special services at the time of booking, and pay for them in addition to the base price of the tour package. The published rates for extra or special services are valid only in the case of a booking and payment of these services, upon booking and payment of the base tour package at the place of booking. During the travel itself, the passenger can pay the special services to the travel guide or representative of Butler & Tailor or the representative of the organizer of the program who organizes the tour package for passengers at the location where the services are provided, in the relevant currency, if it is still possible to order the services during the travel, in accordance with the price applicable on-site.
VII. Cancellation by the passenger or a change in program
The passenger has the right to cancel the travel program at the place where the booking was made. In case the passenger cancels the travel agreement, Butler & Tailor shall be entitled to the reimbursement of costs due to the cancellation of the agreement. The amount of reimbursed costs depends on the time in which the passenger submitted the cancellation. If the passenger cancels the agreement, he/she shall be required to pay administrative costs to Butler & Tailor in the amount of EUR 20.00 per person.
In case the program includes conditions for the reimbursement of costs due to the cancellation of a travel agreement that are determined otherwise, the conditions stated in the program shall preside. The amount of costs due to the cancellation of a tourist package depends on the time the passenger cancelled the agreement before the date of the commencement of the service, as follows:
- 90 to 61 days before the commencement of the service – 10% of the price of the tour package;
- 60 to 46 days before the commencement of the service – 30% of the price of the tour package;
- 45 to 31 days before the commencement of the service – 60% of the price of the tour package;
- 30 to 15 days before the commencement of the service – 80% of the price of the tour package;
- 14 days to the day of departure before the commencement of the service – 100 % of the price of the tour package;
- Non-attendance without cancellation – 100% of the price of the tour package. The above mentioned costs due to the cancellation of travel do not included airline tickets. All airline tickets are treated separately and costs incurred due to cancelled travel can be 100%. The same applies to any part of the tour package, subject to 100% of costs due to the cancellation of travel (e.g. reservation of a hotel for New Years Eve). These services are specially marked in the travel program/offer. In case Butler & Tailor is not the organizer of the tour package, the following conditions apply at minimum for determining the amount of costs incurred due to the cancellation of travel:
- up to 91 days – 10% of the price of the tour package;
- 90 to 46 days before the day of commencement of the service – 50% of the price of the tour package;
- up to 45 days to the day of commencement of the service (inclusive) – 100% of the price of the tour package.
In all cases when the subject of the contract is the purchase of airline tickets, Butler & Tailor has, in addition to cancellation costs and administrative costs, also the right to withhold the reservation fees (TSC/RSF). If the passenger does not appear or cancels the agreement on the day of commencement of travel or even after its commencement, Butler & Tailor or another operator of the said travel program shall charge the passenger the total value of the tour package. In case the level of costs due to the cancellation of the travel agreement is determined otherwise in the program, the stated conditions in the program shall preside. Upon cancelling the travel agreement, the passenger shall sign a notice of cancellation, which the travel agent shall prepare. In case the passenger refuses to sign such document, it is deemed that the agreement has not been cancelled. During the travel the passenger can terminate the travel at his own wish with a written statement of termination. If the passenger terminates the travel during the travel itself, upon return the passenger is not entitled to reimbursement of costs or the purchase price, in part or in full. In case the passenger, during the travel, according to his own wish changes the program or does not travel in accordance with the program, which is an integral part of the agreement with Butler & Tailor, it shall be deemed that the passenger withdrew from the agreement during the travel. In this case the passenger is also not entitled to reimbursement of costs or the purchase price, in part or in full. In this case the passenger is liable for the costs and damage that he/she caused with the change to the program. In case of changes to the program according to a passenger’s own wishes or due to force majeure, the passenger is not entitled to damages of any kind or the lowering of costs, insofar as no reason exists implying that Butler & Tailor incorrectly executed its services. After the conclusion of an agreement, the passenger or the place of booking can change names or the number of passengers, accommodation, the date of the travel, but only provided the change is possible without cancelling the tour package. For every such change Butler & Tailor charges the passenger administrative costs in the amount of EUR 15.00 per person. Whenever the costs of changes are higher, especially when a tour package includes transfers with charter or regular airline services, and costs arise due to cancellations and changes made by service providers (operators), Butler & Tailor shall demand the reimbursement of actual costs that have arisen due to such changes.
VIII. Travel cancellation insurance
If the passenger upon booking anticipates, that due to potential circumstances (which may occur to him/her or his/ her immediate family) he/she may not be able to take part in the travel, he/she can take out and pay travel cancellation insurance. Butler & Tailor in this case acts as a contractual insurance agent. The passenger’s rights from travel cancellation insurance are exercised at the insurance company, of which the general operating terms and conditions apply. The procedure for claim settlements and time for resolving claims is the responsibility of the insurance company, through which the cancellation insurance policy is concluded The general terms of an insurance company’s travel cancellation insurance are provided to the passenger along with the offer for such insurance, by the organizer of the tour package. Irrespective of paid travel cancellation insurance, Butler & Tailor has the right, upon cancellation by the passenger of the travel to charge administrative costs in the amount of EUR 20.00 per person and the right to withhold the amount paid for travel cancellation insurance. In case the subject of the travel agreement is the purchase of airline tickets, Butler & Tailor in addition to administrative costs also withholds reservations for fees (TSC/RSF). The passenger has therefore, from the paid travel cancellation insurance, the right to reimbursement of the amount paid for the contracted travel services, less administrative costs, paid cancellation insurance and TSC/RSF fees. Butler & Tailor shall not be held accountable for any other costs that the passenger had due to the planned travel and other tourist services in accordance with the travel agreement (e.g. vaccination costs, visas, travel costs, etc.). The passenger has the right to claim repayment on the basis of the paid cancellation insurance, in the case that the agreement with respect to the above mentioned reasons is cancelled no later than two hours before the commencement of travel. Where the commencement of the travel arrangements begins with an organized bus, airplane or sea transportation, the hour of departure is considered to be the commencement of travel. In case the tour package does not commence with an organized transportation of any kind, the commencement of the tour package shall be deemed to be the time, when the passenger is able to actually occupy the accommodation facility (usually at 14:00). If the passenger does not come on the day, which is determined as the commencement of the travel arrangements and before the commencement of the travel arrangements the passenger does not cancel the travel arrangements in written form, the passenger is not entitled to claim for a refund on the basis of paid cancellation insurance. For travel arrangements, where organized transportation is not included, the passenger is not entitled to a refund of the paid amount on the basis of cancellation risk, if on the day of commencement of the tour package, the passenger does not appear in the accommodation facility. It is considered also, that the passenger did not begin the travel or that the passenger terminated the agreement, whenever he is not accepted by the transportation carrier (air, ship, bus, etc.) for whatever reason, safety or regulatory in nature, irrespective of whether it occurred at the beginning of the travel or during it. The passenger, in such an event, is liable for all damage caused and cannot claim any refund on the basis of the paid cancellation insurance. The passenger also has no right to a refund on the basis of the paid cancellation insurance in the event of failure to provide adequate written proof of justified reasons for cancelling the travel. A claim to enforce the cancellation insurance cannot be enforced after the date of the beginning of the travel, and also not for any unused portion of time of the travel. In other documented cases of force majeure, which does not belong among events which travel cancellation insurance covers and due to which the passenger cancels the travel or withdraws from the agreement, Butler & Tailor is entitled to reimbursement of all its already incurred costs, including those that occur, only as a result of cancellation of the travel. Force majeure shall be documented with valid official documents and such that before the conclusion of the agreement it was not possible to foresee or avoid such circumstances.
IX. Organizer’s rights to cancellation of travel
Butler & Tailor, in accordance with applicable law reserves the right to cancel travel or to make changes to a travel program. Butler & Tailor reserves the right to cancel travel no later than 7 (seven) days before the scheduled departure, if the number of passenger registered for travel is insufficient, according to the number specified in the respective program or travel agreement. If not otherwise determined in the program or agreement, the minimum number of passengers in a given means of transport shall be deemed to be:
- for travel by bus – at least 40 passengers per bus;
- for travel by regular airline services in Europe – at least 20 passengers per individual group;
- for intercontinental airline travel – at least 15 passengers per individual group;
- for travel with special planes, trains, ships or hydrofoil crafts – at least 80% occupancy.
In cases where Butler & Tailor expressly guarantees the departure in a written form, or guarantees the departure, it cannot cancel the travel. Butler & Tailor reserves the right to fully or partially withdraw from an agreement, if before or during the execution of the program, exceptional circumstances arise, which could not have been foreseen, eliminated or avoided, while such circumstance constitute grounds which would have prevented Butler & Tailor from concluding the agreement, if the said circumstances would have existed at the time of agreement conclusion. For tour packages and other tourist services, where favourable weather conditions remain an essential condition for the completion of the program, the withdrawal from the agreement due to bad or unsuitable weather is regarded as a withdrawal from the agreement under extraordinary circumstances. In this case, the passenger shall only be entitled to the reimbursement of the paid amount or to a transfer of the amount to a later time for the said service. Butler & Tailor may terminate the contract or withdraw from the contract and claim damages from a passenger, who directly violates the provisions of the agreement which it concluded with Butler & Tailor, above all if it is found, that the passenger intentionally provided false information about the number of passengers or their ages, or if during the travel changes occurred, and the passenger failed to inform Butler & Tailor a therefore Butler & Tailor reserves the right to change the day and time of the departure or to cancel the travel due to changes in the flight schedule or due to force majeure, and the right to change the route of the travel should travelling conditions change (new timetable, precarious situation in the country where the program is organized, natural disasters or other unexpected events which Butler & Tailor cannot influence), without special compensation and in accordance with applicable regulations for passenger traffic. Butler & Tailor cannot accept responsibility for changes to the program due to force majeure during the course of the program. In such cases, passengers can be assured services in a changed form, with respect to the existing facilities available. In case Butler & Tailor cancels travel, the passenger has the right to a full refund of the paid price for the tour package. In case of cancellation by Butler & Tailor, the passenger does not have the right to a reimbursement of costs for obtaining a visa, necessary for entrance into a country, wherever that may be, or costs of vaccination that were required by the program. Butler & Tailor is required to notify passengers immediately of any kind of subsequent change to a program. If Butler & Tailor or any other travel organizer withdraws from the agreement during its execution, the passenger has the right to fair compensation for the services, as agreed. Also, the passenger does not have the right to the reimbursement of administrative costs and insurance, concluded at the insurance company. Butler & Tailor is not responsible for the delays of aircraft, ships or trains or other means of transport, as well as not for changes in the program, which may arise as a result of such delays. In case the situation at the location (on-site) does not allow Butler & Tailor to accommodate passengers in the reserved accommodation facilities, Butler & Tailor can accommodate the passengers in the same location in another accommodation facility of the same category.
X. Travel documents and other passenger obligations
The passenger is obliged to familiarize himself/herself of the current regulations concerning passports, visas, foreign exchange, customs and health regulations. The passenger is obliged to take care, that he/she himself/herself and his/her personal documents and luggage meet the criteria as per the border customs, health and other regulations of their respective country, as well as those into which or through which the passenger will travel. A passenger, who has made a booking to travel abroad, must have a valid passport or another appropriate document, with which the passenger can enter into a specific country. In case individual countries limit the entry into a country with a specific period of validity for the travel document, before the expiry of the validity of the document on the day of entry, the passenger is obliged to monitor these regulations himself/herself. Butler & Tailor shall not be liable for any inconvenience or forced interruption of travel related thereto that may arise. The passenger is obliged before departure, or by the deadline as determined by the program, to obtain visas for the countries, to which the passenger will travel and to carry out vaccinations, that are required for those countries. If the passenger fails to comply with these obligations, Butler & Tailor shall act in accordance with the terms of the passenger’s cancellation of travel. In the event that Butler & Tailor undertakes to organize the visa for the passenger, it does not guarantee the success of obtaining such a visa for the passenger. Butler & Tailor does not refund to the passenger the costs for obtaining visas and the visas themselves. Butler & Tailor does not guarantee the accuracy of the information obtained from the relevant embassies. In case of refusal of entry into a country or any other obstacles, the passenger shall bear all costs himself/herself. The lodging of documentation in order to obtain a visa is not included in the price of travel and is paid separately. It is considered that the passenger himself/ herself shall arrange matters for the obtaining of the visa, where Butler & Tailor fails to deliver the necessary documentation for obtaining the visa by the deadline, as determined in the program or offer. Due to the requirements of international passenger transport (air, ship, bus…) the passenger is responsible upon booking to supply all necessary information of all the travel participants which it has reported. The data must exactly match the official documents passengers are required to keep on hand to travel in accordance with the rules of crossing state borders and the relevant foreign legislative acts. In the event that incorrect data causes delays, additional costs or the interruption of travel, the passenger himself/ herself shall be responsible for costs incurred to all other participants of travel. The passenger is obliged to respect the house rules in hotels and restaurants, and to cooperate in good faith with the representative of the organizer and service provider. If the passenger fails to comply with his/her obligations, he/she is then liable to the organizer for damages. However the organizer does not accept responsibility for any kind of damage that may be suffered by the passenger, in such a case. Whilst travelling, the passenger is obliged to behave in a manner which does not endanger the life or health of other passengers and jeopardise the course of travel itself. If the passenger behaves in contravention of this provision, the representative of the organizer has the right to exclude the passenger in question from continuing the tour without refund of any costs, other than payments to be paid on the spot.
XI. Notice prior to departure
Butler & Tailor shall not send passengers notices prior to travelling via regular mail unless otherwise specified in the program. Passengers receive notice prior to travelling via email (in case they supplied this information upon booking), otherwise such notice can be collected at the place of booking, where it is available no later than five (5) to seven (7) days before the commencement of travel. Passengers can also order the notice via email at email@example.com or by phone on +386 41 727 100 or +386 41 717 394. Notice prior to travel for day trips and for all tour packages in Slovenia and Croatia undertaken by personal transport are not prepared, but instructions are given in the tour program itself. In the event that a passenger up to one (1) day before departure does not receive notification via email, he/she should contact the booking office or initiate contact via the above mentioned email address and/or telephone number.
Damage that may occur in case a passenger gives an incomplete or incorrect address (regular and/or electronic) for the purpose of fulfilling a booking slip/voucher, agreement and/ or notice, shall be borne by the passenger.
XII. Health regulations
According to the regulations of the World Health Organization, travel to certain countries requires that travellers are vaccinated and that they also provide the appropriate document. Vaccination is also required if such a regulation is adopted after the conclusion of the travel agreement, which is not a justifiable reason for terminating the agreement, if no contraindications to the health of passengers are present. In such case a passenger undertakes to provide a medical certificate. In case a program mentions or demands certain vaccinations, each passenger is to provide an international certificate – a yellow booklet, with inscribed received vaccinations. Butler & Tailor shall not be held liable for any complications or a passenger’s termination of travel due to a passenger’s failure to comply with the health regulations of the country he/she is entering, or the program he/she booked, as well as costs associated therewith.
The organizer, agent or broker is not liable for the transportation of luggage. They shall not be held liable for damaged or lost luggage, as well as for the theft of luggage and/or other valuables in the hotel. Reports of lost or damaged luggage should be undertaken by the passenger himself, addressed to the carrier, hotel or other direct service provider. For the carriage of special baggage, such as a bicycle, surfboard, golf clubs, etc., the passenger must pay an extra charge to the carrier, that is usually at the airport upon departure. In any case, the carriage of such types of luggage must be communicated already upon booking however the airline reserves the right to refuse carriage of such luggage due to reasons of limited capacity. All costs and damages, which may arise are to be borne by the passenger himself/herself. The carriage of luggage to a certain weight, determined by the carrier, is free of charge. In air transport, a passenger has the right to free transport of a certain weight (in accordance with the terms of the carrier), every additional kilogram is charged to the passenger which must be paid by the passenger himself/herself on the spot in the relevant currency, or in accordance with the terms of the carrier. Children up to the age of two are not entitled to free transport of luggage. In air transport the luggage is the sole responsibility of the airline, in accordance with regulations which apply in international air passenger traffic. In case of lost luggage, the passenger completes the Property Irregularity Report (PIR) form of the airline, which carried out the transport. The completed form is to be submitted to a representative of the airline, with one copy being retained by the passenger. On the basis of the form, the airline pays compensation, in accordance with regulations in force in international air passenger traffic. Butler & Tailor shall not be responsible for the theft or damage of a passenger’s luggage or personal items, valuables or documents from the place of accommodation (hotel rooms, selfcatering accommodation, etc.) and vehicles of transportation (airplanes, buses, ships, etc.).
XIV. Punctuality of the carriers
Butler & Tailor shall not be responsible for the punctuality of the carriers on land, by sea and air transport, where they are carried out with public transport on regular or irregular (scheduled) passenger transport, navigation or flights. The liability of the carriers is appropriately defined in the agreement between the passenger and the carrier, which enters into force with the use of the means of transport. Butler & Tailor shall not be liable for damage, which may arise from delays, cancellations or changes in transport or means of transport. Butler & Tailor shall reserve the right to change the timetable, type of aircraft, carrier and route of the flight (stopovers, flights via other airports, etc.), which can occur due to various technical and organizational reasons. Also delays may occur most often due to congestion of airspace, strikes and bad weather, all factors outside the control of the organizer. Changes referred to in the previous paragraph to package tours are not considered a change in the travel program, as the first and last day of the travel are solely intended for the arrival and departure to the destination and the related transportation, but not for rest or free time. The passenger is obliged before returning, 48 hours before return, to check with the representative of the organizer or the representative of the airline, the time at which the departure will take place.
XV. Loss of documents
If the passenger, during the travel loses his/her documents or has them stolen, but they are necessary for the continuation of the travel or for returning back home, the passenger shall, at his/her own expense, obtain new documents. In arranging the formalities in connection therewith, the passenger can turn to the tour guide, the representative of Butler & Tailor, or the representative of the organizer of travel, who organized the tour package for advice and assistance. In the case that the passenger, due to the loss or theft of his/ her documents, must suspend his/her travel arrangement, he/she is not entitled to any compensation for the paid travel or reimbursement of costs.
Information, obtained by the passenger at the booking office, does not commit Butler & Tailor to a greater extent than the information provided in the program. In case of doubt the following is always considered valid: a written offer, written information or a written explanation.
The average prudence of a customer who orders his/her services online or via telephone and is thus familiar with the use of such services, is such that he/she undertakes to obtain all information it deems significant by himself/herself via the website of the accommodation facility or holiday destination. Special conditions and instructions for tour packages and useful information published in catalogues and/or price lists, apply to all tour packages, being both group and individual departures, for advertised and specially prepared programs and reserved services, and are an integral part of these General Terms and Conditions. Photographs posted on the internet and advertising materials are for informative purposes only, therefore Butler & Tailor does not guarantee the completeness or reliability of the information and the visual image, where the guarantee is not specifically stated. Entries in weather tables are based on long-terms statistical averages and serve as an orientation to the passenger, therefore Butler & Tailor shall not be liable if a discrepancy occurs between this data and the actual conditions.
XVII. Classification of accommodation facilities and house rules in general
Accommodation in programs is identified in accordance with the official national classification of individual countries, applicable at the time of releasing the program, on which the organizer has no effect. Standards of tourist offers among selected destinations are different and incomparable. It should be noted that the criteria of categorization in some tourist destinations differs significantly from the criteria that applies in the Republic of Slovenia or in most Western European countries, so for these destinations, reservation of higher-category accommodation is recommended. The organizer is not liable for any written or verbal information given by an authorized agency of the organizer, which is not in accordance with the description of services in its program. House rules, food, services, beach as well as other hotel facilities are under the control of local tourist organizations. Also these elements are not under the control of the organizer. In tour packages marked »all inclusive«, it is necessary to carefully read the description of services and facilities in the program, as not all »all inclusive« services are comparable. Generally, the basic services in an »all inclusive« offer mean full board (breakfast, lunch and dinner) with drinks included at meal times. If at the time of booking the passenger does not pay extra for a room with special characteristics (ocean view, balcony, specified floor, position of room), he is situated in one of the rooms which are officially registered for issuance to hotel guests. The distribution of rooms is the responsibility of hoteliers, and the tour operator does not have any impact on this. Passenger wishes can be forwarded, but their fulfillment cannot be guaranteed. For accommodation in a single room, the passenger must take into account that the single rooms do not meet the standard of a twin/double room, as they usually are smaller and have an inferior position in the hotel. For accommodation in a triple room, the passenger must take into account that in most cases this corresponds to a double/ twin room, with an additional bed. The accommodation of the third person does not meet the standard of the other two persons and in most cases the third bed is a folding bed, which in size and comfort is not equal to a regular bed and is more suited for children.
XVIII. Reclamations and complaints
The passenger must report irregularities or deficiencies on the spot, to tour guides, the representative of Butler & Tailor, the representative of the organizer who organizes the tour package for a passenger, the direct service provider or the authorized local agency. In the event that a claim in terms of content could be resolved on the spot (for example inadequate cleanliness of a room, equipment, position of the room, etc.), and the passenger did not report the problem on the spot and failed to inform the persons referred to above, it shall be deemed that the passenger agreed with the such service and therefore lost the right to file subsequent reclamation claims requesting a lower price of the services or the payment of damages. Butler & Tailor shall not consider reclamations to which no record of the complaint of the representative of the organizer or the service provider was enclosed which demonstrates that the deficiencies could not have been solved on the spot. Complaints procedure: Immediately on site, the passenger shall report inadequate services to the representative of the organizer, in his/her absence to the service provider. The passenger must cooperate with the representative or service provider in good faith to eliminate the cause of the complaint. If the passenger does not accept the offered solutions to the reclamation, which correspond to the paid service under the program, Butler & Tailor will not consider subsequent claims for compensation or a reduction in the travel price. If the cause of the complaint cannot be resolved, the passenger shall compile a written report. Upon returning, the passenger within the statutory term, i.e.: within two months of completion of the travel, shall send a written complaint by registered mail to Butler & Tailor d. o. o., Gosposka ulica 9, 1000 Ljubljana, Slovenia, and enclose evidence to prove the merits of the complaint (required written confirmation signed by a representative or service provider, any invoice evidencing extra costs, etc.). The organizer is initially required to respond in writing within 8 days after receipt of the complaint, and ultimately within reasonable time after obtaining the necessary information about the cause of the complaint from the service provider, or, in the time it takes to obtain information from third parties in accordance with Article 892 of the Code of Obligations. As long as the organizer does not submit a reply to the written complaint of the passenger, the passenger renounces the right to appeal to third parties and to the relevant institution or to provide information to the media and the public. The organizer will only consider complaints, where the cause could not be resolved on the spot. In case of a claim for travel, where Butler & Tailor was not the organizer of travel, Butler & Tailor shall forward the claim to the responsible organizer of travel and notify the passenger in writing of the resolution of the claim. Passengers are briefed, that foreign organizers have a shorter time for the submission of complaints, being 30 days, and are therefore advised that in the event of a claim, the passenger is to send the claim as soon as possible. In case Butler & Tailor acts only as an informant, the passenger must assert all claims for restitution on the spot with the actual organizer of the optional tours, sightseeing, etc. Without a written complaint, Butler & Tailor does not consider requests for price reductions and compensation and other claims. The complaint must be signed and filed by each passenger on his/her own behalf, or grants authorization in writing to a third party for this. The authorization must be enclosed to the complaint, otherwise Butler & Tailor will not entertain such complaints. In addition, Butler & Tailor will not consider complaints that are not sent to the above mentioned address, and complaints that are sent via email. The complaint must be substantiated. The passenger should therefore enclose the relevant evidence and/or provide confirmation from the hotelier, carrier or other appropriate persons as to the actual situation, with regard to which the passenger has filed his/her complaint. Under Article 894 of the Code of Obligations, the maximum compensation shall be limited to the paid amount due to incomplete services. A passenger has the right to compensation in the amount of the actual value of uncompleted services. This provision does not apply in the event that Butler & Tailor has the right to cancel the tour package or change the program in accordance with the provisions of these General Terms and Conditions, and the law. A limitation of liability applies to all organized travels for which a travel agreement is concluded. The passenger shall not be entitled to compensation of lost profits and reimbursement of non material damages and costs related thereto.
XIX. Personal data protection
Butler & Tailor shall protect all acquired personal data on passengers in accordance with the Personal Data Protection Act (Official Gazette of the RS, No 94/07-UPB-1, hereinafter the ZVOP-1). It shall be deemed that the passenger upon signing the agreement in accordance with the second paragraph of the Article 10 of ZVOP-1 gives consent to the processing of personal data for the purpose of concluding and implementing the agreement. The passenger, by accepting these General Terms and Conditions provides his/her consent to Butler & Tailor for the disclosure of personal data to authorized third parties, and consent that the passengers’ personal data is to be used for the following purposes: direct marketing, market research, business analysis management, customer segmentation, statistics and information on the offer of Butler & Tailor and its business partners. If the passenger does not wish to give such consent, this should be expressed at the time of the booking.
XX. Special provisions of the consumer protection act
Extracts from the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No 98/04-UPB2, 126/07, 86/09, hereinafter: ZVPot), that relate to the organization of tour packages: Application: ZVPot relates exclusively to consumers. Scope: ZVPot relates exclusively to the tour packages and not to other tourist services.
Event: Deadline: The possibility of cancellation due to an insufficient number of registered participants Notify passengers no later than 7 days before departure Raising the price – only due to changes in fuel prices, tariffs, currency exchange rates Notify passenger 20 days before departure; the possibility of cancellation by the customer if an increase higher than 8% (Article 57 of ZVPot, 19.5.2018) of the value of the tour package is involved Deadline for complaint 2 months from the end of travel Response to the complaint 8 days after receipt of the complaint Customer replacement 8 days prior to departure if it is possible to arrange a replacement – at the expense of the customer
XXI. Final provisions
All prices listed from the offer of Butler & Tailor already include VAT. In the event of any dispute between the parties, the court where the passenger has permanent residency has jurisdiction over the resolution of the dispute. These General Terms and Conditions apply to all agreements concluded from the date of publication on website www.butlertailor.com.
Special conditions and instructions for tour packages
These special conditions apply for certain individually listed tourist services (airline tickets, Silversea cruises, other) in the part which differs from these General Terms and Conditions and instructions for tour packages. Otherwise the General Terms for tour packages and the instructions or provisions given in the individual program apply also for these tour packages, if otherwise determined therein.
I. Accommodation in self-catering apartments
Entry into the self-catering apartments, in case that such type of accommodation has been chosen, ordered and paid for, is possible after 4 P.M. on the day of commencement of a specific tour package. On the last day of a specific tour package, the apartment is required to be vacated by 10 A.M.
II. Individual booking in a twin/double room
In the case of an individual booking for a tour package or tour, the passenger, according to the provisions of the second paragraph of Section V of these General Terms and Conditions and instructions for tour packages, can allow Butler & Tailor to endeavour to find a passenger in the same tour package, with which the latter will share a room, or who is willing to share a room with him. Notwithstanding the above, each registered passenger at check-in is required to pay a single room surcharge, in the event that Butler & Tailor is unable to find someone willing to share a room with him/her. In the event that an individual passenger finds another passenger, in accordance with the first paragraph of this point, such a passenger is refunded the charges for accommodation in a single room, or the surcharge is calculated upon the final payment of the tour.
III. Transcontinental tours and intercontinental tour packages
Applications of passengers for intercontinental tours and intercontinental tour packages are accepted by Butler & Tailor and other authorized travel agencies, provided that there are vacancies, but no later than 60 days prior to departure. In the event that the advertised options on each trip or tour package such enable, an application may be accepted inside the 60 day deadline. At the time of booking, the passenger pays the booking fee of 30% of the value of the tour or tour package, while the remainder is payable no later than 14 days before departure. In the case of a passenger booking a tour or tour package within the 60-day deadline, Butler & Tailor does not guarantee the advertised tendered terms of the tour or tour package, but the current most favorable conditions. Butler & Tailor shall not be responsible for changes to transitional or departure flight times of flights, which the airline can change, therefore the passenger prior to each departure or upon each suspended flight, must verify and confirm the subsequent travel schedule or timetable at least 48 hours prior to travel.
IV. Skiing tour packages
A lack of snow is not a reason that qualifies as force majeure, and as such Butler & Tailor acts, in the event of a cancellation made by a passenger due to a lack of snow, in accordance with the General Terms and Conditions on passenger cancellation of travel. We explicitly declare that the tour package cancellation insurance in the event of leasing a self-catering apartment applies to the cancellation of the lease of the entire apartment and not to individual persons.
V. Silversea cruises
Special conditions apply to Silversea cruises. Passengers receive the special conditions upon booking, which are also available on website www.butlertailor.com . To confirm the reservation, it is necessary to pay 25% of the value of the tour package. The final payment of the tour package should be made no later than 120 days prior to departure. The costs associated with the cancellation of Silversea cruises depend on the time the passenger terminated the travel agreement before the commencement of services:
- up to 121 days before the commencement of the service – 5% of the price of the tour package or a maximum of EUR 200.00,
- 120 to 91 days before the commencement of the service – 15% of the price of the tour package,
- 90 to 46 days before the commencement of the service – 50% of the price of the tour package,
- 45 to 31 days before the commencement of the service – 75% of the price of the tourist package,
- 30 to 0 days before the commencement of the service – 100% of the price of the tour package.
VI. Tour packages for which Butler & Tailor is not an organizer
In cases where Butler & Tailor is not an organizer of tour packages, it acts in the role as an intermediary. In these cases, it provides the information received from the tour operator, informs the passenger and helps him/her with the application for travel. The booking terms, payment of the booking fee and the final payment (deadlines) and the potential cancellation shall comply with the applicable terms of the other organizer. Such programs are specifically marked, suitably indicated also on the confirmation of travel. It is considered that Butler & Tailor sells such tour packages on behalf of and for the account of third parties. Eventual reclamations are solved by the organizer of the travel.
VII. Telephone selling of tour packages
In case of selling tour packages via telephone, the agreement shall be considered to have been concluded.
- by the passenger providing a credit card number,
- when using payment by money order (remittance slip) or payment in the tourist office, by the passenger providing personal information on passengers and other participants.
In this case the passenger is obliged to pay the ordered service on the basis of the reservation number within 3 days of the executed booking, unless otherwise specified or a longer or shorter period has been agreed. Should the passenger not make payment within this period, it shall be deemed that the contract was not concluded. It is considered, that the passenger has accepted the provisions of these General Terms and Conditions and of the offer at the moment the passenger ordered the tour package by telephone.
VIII. Sale of tour packages online
In case of orders or sales of tour packages online, these General Terms and Conditions and instructions for tour packages and the special operating terms and conditions as well as the offer, as posted on our website or the website of the agent of Butler & Tailor , shall apply. In the event that the provisions of these General Terms and Conditions and instructions for tour packages are contrary to the provisions of special conditions or offers posted on the website, the provisions posted on the website shall apply. It is deemed that the passenger accepted the provisions of these General Terms and Conditions and instructions at the moment he/she ordered the specific service of Butler & Tailor online. The essential condition for the validity of the booking is to pay for the full service within 3 days after forwarding the orders or booking, except where a different deadline is determined. In case the deadline for the payment of services has not been met, it shall be deemed that the service was never ordered.
IX. Travelling with children
In some cases, specific to a particular program of a tour package, it may be determined that minors, under the age determined by the same program, travelling in the company of two adults, shall be entitled to discounts for individual services from the scope of the entire tour package or for the entire tour package. Conditions and the rate of each discount are specified in each tour package program. If no special discount for minors in the company of adults have been envisaged for a specific program, it shall be deemed that the tour package in question does not provide for such special discounts. Every child, regardless of age and discount rates must be listed on the travel document and must hold valid travel documents required for entry into the foreign country he/ she is travelling to. In the event that a child is not listed in the travel document or voucher for a specific tour package, it is considered that this child does not have the right to travel within the scope of such tour package.
X. Last minute trips, last minute tour packages
And other low-cost tour packages. A last minute trip or a last minute package means that there are only a few remaining tour packages available. From time to time, the organizer has the possibility to offer some specially marked low-price packages, for which the name of the hotel is not necessarily known at the time of agreement conclusion. This means that the accommodation facility name is not mentioned in the travel agreement. In these packages the organizer is liable for data that is listed in the agreement and shall comprise at least: the class of the accommodation facility (according to the official national classification), the type of room, service at the hotel (over-night stay, half board, all inclusive, etc.) and the place of accommodation. In these packages, the passenger is acquainted with the name of the accommodation facility, at the latest with a notice upon departure.
XI. Airfare and air travel
On low-cost flights, a passenger is permitted one piece of hand luggage (backpack/suitcase), which is carried onto the plane, which can measure up to 56 x 45 x 25 cm. The price of the tour package also includes one piece of luggage per person, weighed and given at check-in, with a total weight of 20 kg (in some cases 15 kg). The exact permitted weight (both for hand luggage and luggage to be given at check-in), which is included in the price, depends on the selected carrier. Food and drink on board low-cost airlines are not included in the price, while seating on an airplane is generally not specified in advance. Upon booking it is necessary to specify the exact name and surname as written in the travel document with which the passenger will travel (valid identity card or passport). Individual airlines also require the number, validity of and type of identity document, with which the traveller will be travelling as well as the passenger’s birth data. Any subsequent change of the information required for the trip entails additional costs or even the purchase of a new ticket. Butler & Tailor does not issue airline tickets on the sole basis of the written order, but exclusively on the basis of a 100% payment of the value of the airline tickets. As such airline tickets for individual customized trips are treated separately from the rest of the tour package. Airfares and availability of spots on individual flights varies daily, so the price quoted airfare is valid only at the time of purchase. Airlines reserve the right to change any of the ticket price and the change in the price of airport charges at any given time up to the time of ticket issuance.
Butler & Tailor d.o.o.
Ljubljana, October 2019
We promise you a boutique journey customized to your personal preferences and wishes.
BUTLER & TAILOR is a travel and events agency situated in the capital city of Slovenia, Ljubljana. We offer boutique, private, luxury, tailor-made and highly personalized travel experiences and events.