Dear Participant,
Jan Kalmar Beyond Adventure Events (hereinafter called Event or Events) are organized by Jan Kalmar Beyond Adventure OÜ (hereinafter called Operator). The Operator assures high quality customer experience Events and is the main point of contact to the Participant.
These General Terms and Conditions apply to all Events. In addition, for each Event separately described Event Specific Terms and Conditions apply and have first priority.
1. Conclusion of the agreement
1.1. With the registration, the Participant enters into a binding agreement. The agreement becomes binding when the Participant receives confirmation of the booking by the Operator.
1.2. The Participant is responsible for the obligations in respect of the agreement as well as for those for whom the Participant made the booking and sent in the registration form.
1.3. Participating in the Event requires Participants to drive on public and private roads. Participants are solely responsible for their own actions. Any fines or other penalties for violations of road traffic regulations shall be forwarded to the Participant. The Operator is entitled to disclose name and private address of the Participant upon the inquiry of a domestic or foreign authority due to criminal offences or misdemeanours in connection with violations, should this be required.
1.4. The Participant must be at least 18 years old on the day of the Event, not be banned from driving and must present a valid driving license at check-in. Accompanying persons do not need a driver’s license and can be under 18 years. The following driving licenses are accepted:
• EU driving licenses
• National driving licenses in English
• National driving licenses from non-EU countries not issued in English are acceptable if accompanied by an English translation
• International driving licenses only when presented together with a national driving license
Participants who are unable to present a valid driving license are not allowed to drive and will not be reimbursed.
1.5. At the check-in the Participant is required to sign the following documents: Vehicle Rental Agreement, Exclusion of Liability, Data Privacy Agreement.
2. Conclusion of the agreement in the case of optional third-party booking
If the Participant books any optional service (e.g. additional nights) from a third-party provider, the Operator is only acting as an agent for the external service provider. The booking of such additional service only creates a contractual arrangement with the respective optional service provider.
3. Payment
3.1. Final invoice will be sent one week after the Event by the Operator. Payment terms for the specific tours are described in the Event Specific Terms and Conditions.
3.2. If payments are not made or not made in full at the due dates the Operator may cancel the Participant’s booking. In the Event of cancellation of the booking due to the Participants failure to pay, the Operator is entitled to additional payment of cancellation charges.
3.3. Costs for optional services are not included in the participation price, unless expressly itemized in the Event description. Optional services will be invoiced separately by the Operator.
3.4. Prices are in Euro and are including non-deductible taxes.
3.5. Payments can be made by bank transfer or credit card in Euro. Any bank transfer or credit card fees are to be paid by the Participant.
3.6. When credit card payments are made: A separate online payment link will be provided as well as an administration fee of 4% is to be paid by the Participant and added to the total amount.
4. Services and prices
4.1. The agreed services and prices are specified in the Event description.
4.2. Following services of the Event are generally covered by the participation price:
• Event program and services according to the Event description
• Provision of a rented vehicle (including fuel) according to the Event description
• Accommodation and catering according to the Event description
• Travel insurance (unless described otherwise in the Event description)
• Third-party vehicle insurance and comprehensive insurance with a described excess fee
• Event management (all Event staff onsite during the Event)
• Transfers from and to defined Event location airport
Not included in the participation price for the Event are:
• Any costs for transfer to and from the Event location airport from and to the home destination
• Additional costs in the hotel (alcohol, minibar, drinks at the bar, etc.)
• Excluded services listed in the Event description
4.3. Optional services and special requests: The Operator may accept optional services and special requests. The Operator will do its best to accommodate optional services and requests for special arrangements that are not described in the Event description (e.g. additional nights) but cannot undertake the availability.
5. Rented Vehicles
5.1. Vehicles will be rented for the duration of the Event. These are provided at the Event and a separate vehicle rental agreement must be signed by the Participant.
5.2. Depending on the Event, availability and what has been booked by the Participant, the Participant is entitled to a specific vehicle category and will share the vehicle(s) and driving time with one other driver unless booked as a Single Driver.
5.3. Rented vehicles are covered by third-party vehicle insurance and comprehensive insurance with an excess fee.
5.4. The amount of the excess fee per incident/damage is described in the vehicle rental agreement and the Event Specific Terms and Conditions.
5.5. The Participant is unlimitedly liable towards the Operator as from the time of receiving the vehicle until return of the vehicle for any damage to the vehicle (including loss and confiscation due to traffic violation) and for any and all damages if the destruction of the vehicle or the damage to the vehicle was caused by gross negligence or wilful intent of the Participant. If the damage/loss of the vehicle occurs due to participant not using the vehicle as advised by Agency, the Participant shall bear the liability for negligence as well, regardless of whether the Participant was responsible of such negligence. The Participant is also liable for damages/loss if the vehicle is used without the required driving license.
5.6. For selected Events the participation in the Event is possible with the Participant’s own car instead of a vehicle rented at the Event. Details are specified in the Event Specific Terms and Conditions.
6. Insurances
6.1. Events include a third-party vehicle and comprehensive insurance with a described excess fee unless described otherwise in the Event description or Event Specific Terms and Conditions. A travel insurance is included and conditions can be provided upon request. Any other insurances (e.g. travel cancellation or travel interruption insurance) are the full responsibility of the Participant.
7. Accompanying persons
7.1. Accompanying persons are possible depending on the booked Event.
7.2. For Beyond Adventure Events: Travelling companions are not included in the context of the Event program. Participants under the age of 18 years may participate in the Event as a travelling companion in the parents’ rented vehicle. The regular Event price is also to be paid for these Participants. Custodians must sign an exclusion of liability statement on behalf of the minor.
7.3. For other Events taking place at one Event location: Accompanying persons are possible when booked in advance. Services and prices are listed in the Event description. Accompanying persons are not to take part in the driving program. Another adult must be available on site to oversee any children aged 18 years or under during the Event. Custodians must sign an exclusion of liability statement on behalf of the minor.
8. Change of Participant
8.1. Until the start of the Event, the Participant may assign the participation to another person. The Operator must be notified immediately. The Operator can deny the assigned person if the assigned person does not fulfil the necessary Event requirements, e.g. valid driver’s licence.
8.2. If another person replaces the booked Participant, the Operator is entitled to charge all additional costs to the Participant. The registered Participant and the new Participant are jointly and severally liable for paying the extra costs incurred.
8.3. If a New Participant replaces the booked Participant, the New Participant will be bound by these General Terms & Conditions as well as any Event Specific Terms & Conditions the Participant have agreed to including any obligations to pay.
9. Changes to services and prices
9.1. The Operator shall inform the Participant in case of changes to the services described in the Event description.
9.2. The Operator shall be obliged to inform the Participant immediately concerning major changes to or deviations from the services. If appropriate, the Participant shall be offered with the opportunity to rebook or cancel the agreement free of charge. Examples for major changes can be optimization of the program after final location checks or circumstances beyond the Agency’s control.
9.3. In the case of a retrospective change to the participation price the Operator shall inform the Participant immediately. In case of a price increase of more than 8%, the Participant is entitled to cancel the contract at no charge and shall give notice within 5 days after being notified.
9.4. If extreme weather conditions occur and orders are issued by relevant authorities for safety reasons or other reasons or unforeseeable circumstances, the Operator reserve the right at any time to alter the content of Events (e.g. by changing the vehicle models used, the routing, or the hotel selection) to ensure the safety of Participants. The Operator will do all possible that such changes do not affect the agreed participation price. In case extra costs occur, the Operator is obliged to keep those costs at a minimum and the costs are to be covered by the Participant. The Operator will inform the Participant immediately.
10. Safety precautions
10.1. During Events, directions from the Event staff intended to ensure the safe and planned execution of the Event shall be complied with. The language spoken on the Event is English.
10.2. The wearing of seat belts is compulsory.
10.3. In the event of gross breaches of driving discipline, the Event staff is entitled to exclude a Participant from any further participation. In such cases, there shall be no reimbursement of the participation price.
10.4. The Participant shall not move a vehicle under influence of alcohol, drugs or any other intoxicating substances which may affect the Participant’s ability to drive or participate in an activity. The Event staff shall be entitled to exclude any Participant suspected of consuming alcohol, taking drugs or any other intoxicating substance from driving or participating in an activity. In such cases, there shall be no reimbursement of the participation price.
11. Cancellation
11.1. The Participant may cancel the participation at any time prior to participating. The date of receipt of the notice of cancellation by the Operator is definitive in this respect. Participants are required to submit their cancellation in writing.
11.2. If the Participant withdraws or does not take part in the Event, the Operator is entitled to payment of cancellation charges. The Operator will, unless responsibility for cancellation or non-participation lies with the Operator or Agency, request compensation as listed in the Event Specific Terms and Conditions.
11.3. Cancellation charges are also due if a Participant does not appear punctually at the times specified in the Event documents at the relevant airport or place of departure, or if the Participant cannot take part in the Event due to the absence of the relevant documents, such as valid passport or necessary visa, for a reason for which the Operator is not responsible.
11.4. Cancellation charges are payable immediately.
11.5. In the case of optional services booked from a third-party provider where the Operator acts only as an agent the cancellation conditions of the respective service provider apply.
12. Cancellation and termination by the Operator
12.1. The Operator may terminate the contract during the Event without notice if the Participant continues to disrupt during the course of the Event despite warnings by the Event Staff. The Operator reserves the right to keep the participation price paid. The disruptive Participant shall cover any extra costs incurred.
12.2. The Operator may cancel the Event should the minimum number of Participants not be reached at a defined time before the Event starts. The Operator will notify the Participant prior to the date that the minimum number of Participants will not be reached. The Participant will be refunded the participation price paid within one week after the cancellation. The minimum number of Participants and exact times for each Event are described in the Event Specific Terms and Conditions.
13. Force Majeure
If the Event is interfered, jeopardized or ultimately has to be cancelled before or during the Event as a result of Force Majeure than the Operator will not be liable or pay compensation or make any refunds except if the Operator manages to recover refunds from the suppliers. Any extra costs or expenses that incur as a result, e.g. flight cancellations or changes shall be covered by the Participant. Force Majeure means any happening beyond the Operator’s or any supplier’s control and the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare, acts of terrorism, strikes, significant risks to human health such as the outbreak of serious disease (including pandemics and epidemics) or natural disasters, weather conditions or any other circumstances which make it impossible to
travel safely or are beyond control of the Operator.
14. Complaints/claims
14.1. If a service is not fulfilled according to the booking, the Participant shall be entitled to a reduction in the participation fee. The Participant shall immediately inform the Operator in writing of any deficiency. The Operator is responsible for providing a price reduction insofar as this is reasonable. If the Participant fails to inform the Operator, no reduction of the participation price will be made.
14.2. Claims with regards to the Event must be filed in writing with the Operator before the end of the Event.
14.3. Claims asserted by the Participant for losses which were caused by a wilful or negligent breach of duty on the part of the Operator shall laps after 6 months.
15. Limitation of liability
15.1. The Participants take part in the Event at their own risk.
15.2. The Operators ‘s contractual liability for damages other than personal injury is limited to two times the amount of the participation price, as far as the damage suffered by the Participant was not caused by the Operator wilfully or through gross negligence.
15.3. The Operator is not liable for interruptions to services or damages related to third-party services for which the Operator acted only as agent and/or if they were marked as third-party services.
16. Passport, visa, customs, foreign currency and health requirements
16.1. The Participant is responsible to obtain and to bring all necessary travel documents (incl. visas if applicable), to obtain any vaccinations that may be required and to follow all customs and foreign exchange regulations. Penalties arising from non-compliance with these rules, e.g. the payment of cancellation fees, will be at the Participant’s expense.
16.2. The Operator shall not be liable for the timely granting and availability of required visas by the respective diplomatic authority if the Operator have been given this task by the Participant.
17. Data protection
During the booking the Operator collects personal data from the Participant. The personal data provided shall be collected, processed and used by the Operator for the performance of the Event. If necessary, the data will be transmitted to third-party service providers commissioned by the Operator to execute the Event. The Operator will be the data processor whereas any data processing (e.g. transfer of personal data to third countries) takes place solely to organise the Participants’ participation in the Events or for marketing similar products to the Participants. Separate privacy policy or privacy terms may apply to specific Events.
18. Place of jurisdiction and general
18.1. If individual provisions of these terms and conditions are ineffective, the effectiveness of the entire contract shall remain unaffected.
18.2. This contractual relationship, including sub agreements and other agreements between the Participant and the Operator shall be applied according to Estonian law.
18.3. Any dispute or claim arising out of or in connection with this contractual relationship or breach, termination or invalidity thereof shall be brought before the Estonian Courts.
Any notifications are to be communicated to Jan Kalmar Beyond Adventure OÜ (Operator).
Contact:
Jan Kalmar Beyond Adventure OÜ, Audru Ringrada, Papsaare küla, 88317 Pärnu, Estonia
+358 400 605 694 office@jankalmar.com, www.jankalmar.com
