Limitations of Liability Contract
Terms and Conditions
Please read the terms and conditions set out below and make sure you understand them before signing this contract. By signing this contract the client agrees that he/she is bound by the terms and conditions set forth herein.
Limitations of Liability
- We promise to assure that all parts of the excursions or holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with this contract. We will not, however, be responsible for any illness, injury, dismemberment, disability, death, loss (for example, loss of enjoyment, loss of personal property, etc.), damages, expenses (medical or otherwise), cost or other sum or claim of any description whatsoever which results from any of the following:
(a) the fault of the person(s) affected or any member(s) of their party; and/or
(b) the fault of a third party not connected with the provision of your holiday or excursion which we could not have predicted or avoided; and/or
(c) an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care; and/or
(d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time. In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your excursion with us or holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services, activities or facilities which your hotel or any other supplier agrees to provide for you where the services, activities or facilities are not advertised in our brochure and we have not agreed to arrange them. - The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the Croatia which would have applied had those services been provided in the Croatia. The exception to this is where the claim or complaint concerns the absence of a safety feature that might lead a reasonable holiday maker to refuse to take the holiday or excursion in question.
- We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal illness, injury, dismemberment, disability or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your excursion or holiday. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is 250,00 Croatian Kuna per person affected as you are assumed to have taken out adequate insurance at the time of booking your excursion or holiday with us.
At the time of the publication of the tours and itineraries all the information provided to our knowledge is accurate and written in good faith. Južno more Ltd. cannot take responsibility for any misunderstanding arising from a client not reading the information thoroughly. Additionally, we are not liable for the conditions of flights, car hire or insurance cover.
Južno more Ltd. cannot accept responsibility for any loss or damage to your personal effects which is beyond our control. This includes loss, damage, fatal or any other injury suffered by you during any of our excursion with us or a holiday. Unguided and unsupervised activities are taken at your own risk and Južno more Ltd. will not be held liable for any damage, fatal or any other injury suffered by you.
Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of your Country of origin. As a general rule, these requirements and standards will not be the same as in your Country of origin and may sometimes be lower.
Special needs or requests
If you have any special request, you must advise us at the time of booking of your excursion or holiday and clearly note it on our booking form. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as Standard bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your excursion or holiday, please tell us before you confirm your booking. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
Behavior and conduct
When you book excursion or holiday with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the excursion Captain or accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. In case of accident client is liable to take part in damage made by him, with the maximum amount of 400€ (3000 kn) of value demage of vechicle. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the excursion or holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the excursion or accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Južno more Ltd. or any of our staff, and suppliers reserve the right to refuse a customer’s participation on any tour if it is considered that they are either a danger to themselves or others or are gravely disabled (for example due to intoxication or other disability).
Force Majeure
We regret that we cannot accept liability or pay compensation where cancellation, the performance or prompt performance of our contractual obligations is prevented or affected by or if you otherwise suffer any damage or loss as a result of ‘force majeure’. This means any event that we or the supplier of the services could not, even with due care, foresee or avoid. These events could include war, threat of war, riots, terrorist activity industrial action, civil unrest, natural disaster, adverse weather conditions or any other situations beyond our control.
Any disputes between the parties hereto shall be submitted to the jurisdiction of the competent court in Korčula.
PLEASE READ ABOVE CONDITIONS CAREFULLY BEFORE SIGNING AND RAISE ANY QUERIES WITH THE KorčulaOutdoor & Hvar SeaKayaking / Južno more Ltd.
WITH MY SIGNATURE, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE WITH ALL THE CONDITIONS AND TERMS STATED HEREIN, REGARDLESS OF ANY LANGUAGE LIMITATIONS ON MY PART.
Signed: ………………………………………………..
Name: ………………………………………………….
Address: ………………………………………………..
City /Country: ………………………………………….
Date: ……………………………………………………