Provider Terms and Conditions - Bananaway

1. General Conditions

This terms and conditions are valid for tourist packages between Eurora d.o.o. or selected group of managers and between a customer. Terms and conditions are valid for tourist packages of BANANAWAY GREMO! brand, which are mediated by Eurora.

2. Booking

You may book your trip with Eurora agency, via Bananaway website, Bananaway e-mail, by phone or skype, whatsapp, wiber, or with other authorized agents.

The first person named on your booking form is the “Lead Name”, who must be at least 18 years old. The lead must be authorised to make the booking on the basis of these booking conditions by all the persons named on the booking. By making the booking, the Lead Name confirms that he/she is so authorised and the persons named on the booking agree to be subject to these booking conditions. The lead name is responsible for making all payments. Any payment made by another person named on the booking shall be treated as if made by the Lead Name.

Once we have received your full inquiry, the final offer, giving details of the property, activites and other booking information will be transmitted to the Lead Name by e-mail no later than 72 hours after having received your details.

Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, holiday or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.

3. The Price

All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of this publication. We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this publication. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent’s commission is included within these amounts. If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of €1. If the increase is more than 10% of the holiday price (calculated as above), then:

  • 1. You may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or reuse your policy; and

  • 2. the increase will be considered a Major Change as described in section 5 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 5.

The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you a fee of €10 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).

4. If We Cancel Your Booking

We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday, except where this is because you have not paid, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if we are able to offer you one. We may offer you a replacement holiday from another company in our group. Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday price or because of one of the events listed in the ‘Important Note – Events Beyond Our Control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than 12 weeks before you go, unless this is the result of one of the events in the ‘Important Note – Events Beyond Our Control’.

5. If We Change Your Booking Details

We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Occasionally it may be necessary to change the aircraft type for your flight which may mean that some facilities such as in-flight entertainment or the advertised seat pitch may not be available. Where we are unable to provide a seat option that you have paid for we will refund the amount you have paid. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e-ticket itinerary), which you should check carefully as soon as you receive it.

6. Major Changes to Your Holiday

Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control (see ‘Important Note – Events Beyond Our Control’), using the scale shown, may include the following changes: a significant change of destination; a change in accommodation, a change in the time of our trip. A delay to your flight within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes. If we tell you about any of these changes after we have confirmed your holiday booking, you may either:

  • accept the new arrangements offered by us; or

  • accept a replacement holiday from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. Should you choose this option the terms and conditions of your holiday will not change and these conditions still apply to your booking; or

  • cancel your holiday with us and receive a full refund of all monies paid. Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the ‘Important Note – Events Beyond Our Control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price, at the date of the change. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. 

7. Important Note - Events Beyond Our Control

Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events. In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.

8. Paying for Your Travel Arrangements

You will be required to pay a deposit of 30% of the total price to us for each person when you book unless this is within 8 weeks of departure when the full amount for the booking is payable. The deposit amount will be specified by us or your travel agent when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the price. If you pay less than the deposit under a low deposit booking scheme, then this is only part of the deposit referred to in this paragraph. The remaining deposit will be due on cancellation or date specified at time of booking or on your confirmation invoice Please note your booking deposit may be increased or there may be a charge payable for some accommodation, holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking, e.g specific types of airline tickets. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in Sections 2, 3 or 4 or as otherwise required by law. This is your only commitment until 12 weeks before you go. Within two weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us, at least 6 weeks before you go on holiday. If you don’t, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last Invoice, in accordance with the scale in section 12. If you pay money for your booking to a travel agent appointed by us, they will hold that money as our agent from the time they receive it until they pay the money to us. Telephone bookings may incur an additional charge, check at time of booking. If your payment is made by credit card via paypal a fee will apply, please check fee at time of booking. We do not accept personal cheques, only building society and bankers’ drafts will be accepted.

1. You must ensure all names and details are entered correctly at the time of booking. You will receive an invoice once your booking is confirmed and must contact us straight away if there is something that you need to correct, or if you don’t receive an invoice within 7 days of confirming your booking.

2. You may transfer your booking to another person, providing the following conditions are met:

  • You authorise the change in writing

  • The new lead passenger accepts the transfer and the terms of Our Agreement

  • That person complies with the terms of the existing booking

  • That person has valid holiday insurance – you cannot transfer your holiday insurance to the new lead passenger.

We’ll charge amendment fees to change a name on a booking outside 14 days to departure; these will be added to the new invoice. The new lead passenger, and you should they fail to pay, will be responsible for the payment of any balance due on that new invoice.

3. We charge an ‘Amendment Fee’ for each detail of your booking we allow you to change, see guide to our amendment fees table below.

4. Please bear in mind that certain airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.

5. When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking. Some accommodation is priced according to the number of people staying there. If your party size changes, we’ll recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost isn’t a cancellation charge, and it isn’t normally covered by insurance.

6. Some arrangements cannot be removed once they have been added to your booking. These include: transfers, flight options, children’s activities, accommodation options such as room/board upgrades and late checkout rooms. Certain extras, such as excursions, theme park tickets and airport extras may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking. A €50 per booking charge will be applied if you cancel car hire insurance more than 14 days after the initial holiday booking.

9. Guide to Our Amendment Fees

Changes

29 days or more to departure

28 – 15 days to departure

14 – 0 days to departure

To change a name, passenger or passenger type

€50 per person

€50 per person

100% of original cost

To change accommodation, flight time, airport, duration and/or to travel earlier than planned*

€50 per person

90% of original cost

100% of original cost

To travel later than planned

Cancellation charges apply – see section 12

Cancellation charges apply – see section 12

Cancellation charges apply – see section 12

10. Conduct While Travelling

We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or resort in any risk or danger, on the telephone, in writing or in person. If the leader of your trip or any of our agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion. If you are disruptive and prevented from boarding your outbound flight, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see section 11). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur. If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damage or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft for the purpose of removing you from the aircraft. Criminal proceedings may also be instigated. For the purposes of this section reference to “you” or “your” includes any other person in your party.

11. Accommodation

Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.

12. Cancellations

The cancellation will only be effective from the date that the cancellation is received in writing by email. Cancellation charges will be payable as follows:

  • Cancellation fee of 100% is charged if cancelled 44 days or less before the trip

  • Cancellation fee of 30% is charged if cancelled 45 days or more before the trip

13. Contacting You

If you book via our website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. For example, to provide your e-confirmation, e-ticket, e-cancellation, etc. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our call centre or in writing as required in our terms and conditions.

Ljubljana, 1. januar 2015

EURORA d.o.o.