Our terms and conditions
1. General
The below stated booking terms and conditions contain the entire contract between You and “WIDU s.r.o.” (Karpatské námestie 10A, 83106 Bratislava, Slovakia, Comp.#: 55785972), who is responsible for the page www.xpatbus.com .
Once full payment is made by You, “WIDU s.r.o.” will confirm your booking and issue an invoice, which stands for a contract conclusion between You and “WIDU s.r.o.”.
These terms and conditions can only be amended in writing by a duly authorized agent of “WIDU s.r.o.”. No representation, term, warranty or condition can be expressed or
implied by reference to any other writing, advertisement or conversation. In these terms and conditions, the terms “You” and “Your” refer to You as our customer.
The terms “we”, “our”, “us” and “WIDU” refer to WIDU s.r.o.. All contracts for bookings made with WIDU and all matters arising out of it are governed by Slovak law.
Any dispute, claim or other matter which arises in connection with this contract or Your tour is subject to the exclusive jurisdiction of the Slovak courts in Slovakia.
If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be rewritten in order to give effect to
the same purpose within the permitted limits of the law. The validity and enforce-ability of the other provisions shall remain unaffected.
2. Booking and payment
Bookings with WIDU are conducted solely through its internet homepage. Payments can only be made by a credit/debit card.
After booking is completed and the outstanding balance is paid, an email confirmation of Your booking will be sent to You. This should be saved for the sake of reference,
should any problems arise. Your place in the tour is reserved only after full payment is conducted and a confirmation is issued. If no confirmation has been received
within 24 hours after Your booking, please contact us to resolve the matter.
We take no responsibility for an incorrect email address provided by You and the inability to deliver email to the address provided. You should examine carefully the accuracy
of all details of Your booking confirmation and other documents sent to You and contact us in case any of the information stated is incorrect. We will accept no liability
for any inaccuracy in the documents sent by us to You, if You do not contact us within 5 days of us sending them to You.
3. Cancellation and changes
3.1. Cancellation and changes by WIDU
3.1.a Price change
The prices of our tours may increase and decrease over time due to fluctuations in suppliers prices’ and exchange rates. However, once You receive Your booking confirmation,
Your tour price is guaranteed. If our prices, advertised or confirmed, include obvious errors, we reserve the right to correct them.
3.1.b Components change
The tours operated by WIDU are put together aiming at Your highest enjoyment and with utmost care. In order to offer best value for money, they are put together mostly months
in advance. Because of this, the components of Your tour need to be sometimes updated before and even after your booking. We therefore reserve the right to change or substitute
our common itineraries or transportation at any time and at our own discretion. These changes to Your booking can be either “minor” or “significant”.
Minor changes are operational changes such as changes in transport and departure times of less than 2 hours. These changes will not materially alter Your existing travel
arrangements and therefore do not entitle You to cancel without penalty. Also, such changes will not be specially notified to You, rather they will automatically form part of
Your travel documentation.
Significant changes are the ones materially altering the tour and causing substantial inconvenience to You. They include a change of departure point and departure time by
more than 2 hours. We will advise You about these changes as soon as reasonably possible and, if available, offer You the following options:
1/ Accepting the changes as announced by us
2/ Canceling the tour and receiving a full and prompt refund of all monies paid by You to us.
3/ Booking another tour with WIDU (and having to pay or receiving the price difference between the originally booked tour and the alternative) without the payment of any transfer fee
In case significant changes are a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with due care,
You will not be entitled to any compensation. Also, if tours are significantly altered more than 28 days before scheduled tour departure, no compensation will be paid. However, if
we are forced to alter existing travel arrangements significantly within 28 days of the scheduled tour departure, in addition to the action alternatives mentioned above, You will
receive following compensation based on the days to tour departure, when significant changes are made:
28-18 days: 10 EUR per person
18- 0 days: 20 EUR per person
Unfortunately, we cannot meet any costs or expenses incurred as a result of any change.
3.1.c Cancellation of a tour
WIDU reserves the right to cancel a tour up to 48 hours or more before scheduled departure without being obliged to pay any compensation. This happens very rarely, mostly, when
there is not sufficient number of participants and thus the tour cannot be operated. All monies paid by You will be refunded and all obligations between You and WIDU which would
have been enforceable had the tour not been canceled will hereby extinguish. WIDU cannot be held responsible for any other costs or expenses incurred as a result of a cancellation.
Should a tour be canceled less than 48 hours prior to scheduled departure, in addition to the full refund of all monies paid by You to us, You will receive a compensation of 15 EUR
per person, except in cases, when this cancellation was caused by force majeure. Also, should events attributable to force majeure force us to cancel or curtail a tour, once departed,
we will not be obliged to make any refunds, pay any compensation or be responsible for any costs or expenses incurred as a result.
3.2. Cancellation and changes by “You”
3.2.a Cancellation of a booking
If You wish to cancel your tour, an email has to be written to info@xpatbus.com . We will not regard a booking as canceled unless an email is received by us. Based on the time, when
this email is received by us, the following % of Your payments will be returned:
Hours until tour departure and % returned:
72 – more = 100% returned
72 – 0 = 0% returned
*Percentages shown are of the total cost excluding any fees or charges, which are not refundable.
If the reason for Your cancellation is covered by Your insurance policy, You may be able to reclaim the cancellation fees from Your insurer. However, You have to pay our cancellation
fees first and then ask for a refund under Your insurance policy.
3.2.b Name change
In case You want to change the name of the participant in the tour, You can do this freely without any notification to us.
3.2.c Tour change
Should You desire to participate in a different tour than originally booked, an email has to be written to info@xpatbus.com .
Tour changes desired more than 72 hours prior to the scheduled departure of the originally booked tour will be made possible subject to availability. In this case a 25 EUR amendment fee will be charged. Tour changes desired less than 72 hours prior to the scheduled departure of the originally booked tour will be regarded as cancellation of the tour and provisions of “3.2.a. Cancellation of a booking” will apply.
4. Our obligations and responsibilities
We accept responsibility for the performance of our tours according to the description included on our website and for the provision of services on a level described in it. Apart from situations, where the provisions of force majeure apply, should the tour not reasonably comply with the description on our website, WIDU may compensate You to a maximum value equal to the price of the holiday booked but excluding insurance premiums and amendment fees in case your enjoyment of the tour has been adversely affected. Maximum compensation will be paid only where there has been total failure of consideration for Your payment. No compensation will be granted if the reason for the failure is not caused by us, our agents or suppliers or if the reason for the failure lies in Your sphere of control.
We accept responsibility for personal injury or death as a result of any failure to perform or improper performance of any part of our contract with You, if this is caused by our employees, agents, suppliers or subcontractors, who are conducting the work authorized by us at that time, except in the following situations:
- The situation was due to the acts and/or omissions of the person affected.
- The situation was due to an unforeseeable or unavoidable act of a third party not connected with the provision of the holiday.
- The situation was due to an event, which WIDU or the supplier of the relevant service could not have foreseen or avoided even with all due care.
In respect of carriage by coach, our liability will in all cases be limited as if we were the transportation provider within the relevant international conventions and EC regulations. This includes, but is not limited to the Geneva Convention, 1973.
The terms of Conventions are incorporated into and form an integral part of our contract with You. You should be aware that they may limit or remove the liability or/and the compensation of the above mentioned parties.
4.1 Force Majeure
We will not accept liability or pay any compensation for any loss, damage or expense arising from events which we or the supplier of services in connection with a tour could not, even with all due care, foresee or avoid. These events include flood, fire, earthquake, weather conditions, war, terrorist activities, riots, civil strife, industrial action, closures, unforeseen alterations to schedules of public transport, aircraft or boats, epidemic or outbreak of illness or any other occurrence beyond our control.
4.2 Weather conditions
We cannot be held responsible for snow or adverse weather conditions under any circumstances. tours cannot be canceled or amended by You at any time because of snow or adverse weather conditions, nor can we be held responsible for changes in the delivery and implementation of the itinerary because of snow or adverse weather conditions.
4.3 Components of a tour
We make every effort to describe and explain the components of our tours carefully in our brochures and on our homepage. Please read them carefully. No refunds will be made for components of the tour provided by WIDU but not consumed by You during the tour for whatever reason.
4.4 Transportation
It must be understood that because of the nature of the service offered, delays can occur, which are beyond our control. Regrettably, WIDU cannot accept liability for any inconvenience or expenses you may incur as a result.
4.5 Special requirements
Should You have any special requirement concerning our tour, You are invited to include it in Your booking form. We will make every effort to pass it on to our suppliers. Regrettably however, no confirmation can be issued that this requirement will in fact be fulfilled by the relevant parties.
5. Your obligations and responsibilities
5.1 Health conditions
The tours organized by WIDU aim to show You the most during a tour and so they are sometimes rather physically demanding. Before booking, WIDU should be advised of any disability or medical condition, which requires attention or special treatment and may affect Your tour. If You provide us with this information before booking, we will try to help You with Your requirements and find a solution.
In case we are not advised at this stage, we may refuse to accept Your booking. This will be considered as cancellation of Your booking and will be dealt with according to the provisions
in 3. Cancellation and Changes.
In case Your condition requires a suitably qualified accompanying person, You are asked to provide satisfactory evidence before booking that such person will accompany You and that he/she is able to provide the services that You may require. If you fail to present us with evidence of such a person before booking, we will have to refuse Your booking. This will be considered as cancellation of
Your booking and dealt with according to the provisions in 3. Cancellation and Changes.
5.2 Behavior
By choosing to participate in our tours, You agree to show courtesy and respect to Your fellow tour members and Your guide. You accept the authority of the appointed WIDU representative and agree to comply with his decisions. All local laws, unwritten rules and customs are to be obeyed. Furthermore, You are expected to respect the rights of the local people. Should regrettably Your behavior cause or is considered likely to cause offense, danger, damage to property and/or distress to others, we reserve the right, at all times, to terminate Your tour.
In this event, You will be responsible for Your own repatriation and related costs. No refunds will be granted as a result of the tour termination and we will not pay any expenses resulting from the termination. We also cannot be held responsible for any loss or damage incurred by You as a result of a contravention of any law or regulation of any of the countries visited during our tour.
In case we are forced to terminate Your tour, we will notify You about the reasons for this action. We do not accept liability for the behavior of others during the tour, nor if any facilities
are curtailed because of their actions.
You have to make up for any damage, loss or the need of excess cleaning caused by You directly to a service supplier as it happens during our tour. If You fail to do so, You will be responsible for meeting any claims subsequently made against us resulting from the above mentioned behavior (including legal costs).
5.3 Arrival and departure
It is Your responsibility to arrive at the tour commencement point, which is specified in Your booking confirmation, before the tour begins. If you fail to do so and want to join the group
at a later stage, it is Your responsibility to contact the tour manager and to arrange this. We assume no responsibility for the cost incurred.
5.4 Travel documents
It is Your responsibility to ensure that You hold all necessary travel documents for the tour, including a valid passport, visas and other permits and certificates required by the law.
Passports should be valid more than six months after the conclusion of the tour.
5.5 Insurance
Travel insurance cover is not included in the price of Your tour. WIDU does not take responsibility for any injuries or loss incurred to You outside the pre-paid tour activities. Neither does WIDU accept responsibility for the theft, loss or damage to Your personal belongings during the whole duration of the tour. That is why we strongly advise you to take out a comprehensive insurance cover for cancellation, medical expenses, personal accident, public liability, personal baggage and money before traveling. Insurance policies offered by credit card companies are often not comprehensive.
5.6 Third party proceedings
If a third-party takes action against us for loss or damage caused by You during Your participation on our tour, You will indemnify us for the expenses incurred (including legal costs).
If You make a claim against WIDU in connection with the performance of Your tour, You hereby assign to us the rights You have against any third-party suppliers or any other relevant parties to the action and agree to cooperate fully with WIDU or its insurers when it comes to enforcing these rights.
If You make a claim against WIDU which is covered by your insurance policy, You agree to pursue this claim also through Your insurer, either as a substitution for or in addition to Your claims against WIDU. Any compensation received from Your insurer does not affect Your rights against WIDU.
If WIDU or its insurers make any payment to You for death, personal injury or illness caused by a third party, You agree to pass on your rights against the third party to WIDU or its insurers and to cooperate fully in the endeavor of seeking recovery from such party.
5.7 Data protection
WIDU makes every effort to safeguard the confidentiality of personal information provided by You. However, for the sake of a proper performance of our tours, certain information needs to be passed on to third parties like public authorities (such as Customs or Immigration) or certain suppliers of our services. The entities which will possibly have access to Your information will only be the ones responsible for Your travel arrangements. By making this booking, You consent to this provision of information, unless You inform us about the contrary at the time of Your booking. This applies also to any sensitive information given to us like dietary/religious requirements or details of any disabilities.
5.8 Complaints
Should any complaint arise during the tour, please report it as soon as possible to our employee, representative or supplier, so that he/she can resolve it on the spot to Your satisfaction. In the rare case that this is not possible, You are advised to express Your complaint in writing by sending it to our official address within 30 days after the completion of the tour. The failure to do so during the 30-day period will result in the non-acceptance of Your claims, except in the case of personal injury, illness or death.
6. Other
6.1. Luggage
You are entitled to carry one piece of main luggage of standard size and not weighing more than 15 kg. You are strongly advised to also bring a daypack, which is almost a necessity for day-long excursions, which often form part of our tours. We do not accept responsibility for any belongings left on board or for money or other valuables stored in the luggage compartment of coaches.
6.2 Smoking
Smoking is not allowed on our coaches. Also any behavior which is likely to cause fire is strictly forbidden.
6.3 Information material
WIDU strives to give out exact and faultless information in its brochures and other printed material. However, should unfortunately printing, typographical errors, or errors arising from unforeseen circumstances occur, we cannot be held responsible for them.
6.4 Audiovisual material
By traveling with WIDU You agree to the possible use of video/photographic material including You or Your comments for the purpose of advertising in electronic or printed media, without the necessity of any further consent or payment in respect of such photographs, videos, or comments.
6.5 Components not included in the price
The tours offered by WIDU do not include especially insurance, optional excursions and meals, which are not explicitly stated.
6.6 Safety belts
If a vehicle used during a tour is equipped with a safety belt and the belt is not worn during an accident or incident, WIDU, service providers, agents or co-operating organizations shall not be held liable for any illness, injury, death or any loss, damage or claim in connection with the incident or accident and the failure to wear a seat-belt.
6.7 Contracting parties
Your contract is with us as the tour provider. However, at any time and at our own discretion, we may nominate to You in writing a company or person, which will have some or all the benefits of the provisions of this contract than specified, as if You had agreed the provisions directly with that company or person at first as well as agreeing them with us.
Bookings with transportation companies and other service providers are governed by the terms and conditions and limitations of liability imposed by those transportation companies and other service providers. Some of these companies limit or exclude their liability in respect of death, personal injury, delay and loss or damage to baggage. WIDU cannot accept liability for any loss caused by such actions or by any act or omission of a third party.
6.8. Interpretation
In these Conditions, any words importing the singular or plural numbers shall include the plural or singular number respectively or words importing a particular gender shall include all genders.
6.9 Legal action
Should You be unsuccessful in any legal action against us, You agree to pay all our associated costs, including attorney/client costs