General Trade Terms and Conditions
1. Basic Regulations
These General Trade Terms and Conditions stipulate rights and duties between the Provider and further quoted services by the company Climbing & more, 4B project, agency for marketing and organizing events, d.o.o., Žlebe 127, 1215 Medvode, MŠ: 9170197000, DŠ: 57233535 (»Provider«), and the purchaser (“Client”) using the services of the Provider in regard to providing services stated below.
Contractual relationship between the Provider and the Client (“Contract”) is created by online purchase on the website, by crediting a full payment or by a paid deposit for services to the Provider’s bank account.
A Client or a Purchaser is any participant of the ordered services as well as the person who ordered or booked the services.
By Services or Activities the Provider means providing sporting services in the field of rock climbing and similar services connected with rock climbing, and organizing sporting events, travelling and competitions, and educational events in the field of rock climbing and other services connected with rock climbing.
2. Bookings and Reservations
The Client can book the services through the Provider’s website or via e-mail. In case of booking, the Client must provide a valid reservation code or other information needed for the verification of the booking if required by the Provider or his staff.
3. Payment
The Purchaser is obliged to pay for the services in the amount listed on the price list. The up-to-date price list and the due date of the payment will be published for each individual event on the Provider’s website.
4. Liability Waiver
The Provider is obliged to inform the Clients that the services are not suitable for kids under fifteen years of age, people with heart condition, people with epilepsy, people with high blood pressure, people with fear of heights and people with similar health conditions.
Clients are participating at their own risk and responsibility. The Provider will give the Clients specific training in technique, security, equipment and other conditions connected with provided services, if specifically published on the Provider’s website. The Provider is responsible for inspecting the equipment used, if he provided it himself.
The provider is not responsible for equipment that was not provided to customers. This includes the equipment the Clients borrowed elsewhere or their own equipment etc.
The Provider has no liability in case the Client conceals or does not provide information about his/her health conditions and complications that could cause injury or death.
Wearing of the helmet is recommended during the whole time of the action (the outdoor activities) with no exception. Not complying with this recommendation is at the Client’s own risk.
The Provider has no liability for Clients that decide not to obey the instructions given by the Provider or his staff. The Provider has no liability for Clients acting in a dangerous or harmful way either to themselves or to the others.
The Provider has no liability for private and independent activities not arranged and provided by the Provider. The Provider does not arrange health and travel insurance and has no liability for any medical and other expenses and problems arising from not suitable travel or climbing insurance.
The provider advises arranging individual accident insurance.
The Clients give up the possibility to press charges against the Provider, his staff, and other people acting in the Provider’s name, regarding real or consequent damage of any sort, known or unknown, expected and unexpected, resulting from or connected in any way with the provided services and the Clients’ participation in the services.
All the claims and litigations arising from these trade terms and conditions and during the activities abide by the Slovenian legal system and will be arbitrated by Slovenian court with territorial jurisdiction.
The Provider is not accountable in any way for the weather during the planned activity. In case of bad or not suitable weather, the Provider can cancel, post pone or re-plan the activity. In case the activity is cancelled, the Provider can claim the reimbursement of the expenditures spent while organizing the activity.
5. Responsibilities of the Provider
The Provider is responsible for all the material and equipment he/she lends or provides to the Clients for the activity (excluding manufacturing defects).
The Provider is responsible for all instructions provided by his guides/instructors during the whole action.
In case of an accident, the Provider provides first aid assistance.
6. Duty of Confidentiality
During the activity and in connection with it, business practices of the Provider, his know-how, etc. can be disclosed or revealed in any way to the Clients.
The Clients agree and accept that any of such information is confidential and the Provider is the sole and exclusive owner of this intellectual property and protected information. Disclosing this type of information to any third party (especially to a direct competition) is strictly forbidden and will be heard before the court.
Clients take into account that all the information and the know-how of the Provider are protected and that the Provider would be financially damaged if the protected information were disclosed to a third party.
7. Personal Data
Personal data will be used solely for the purposes of realizing the contract, including the booking of the services or their changes. Personal data will be processed for the needs of the performance of the contract.
Clients have the right to access and correct their own personal data, as well as other legal rights lawfully connected with these data.
Clients also have the right to withdraw from their consent for processing personal data in a written form at any time.
Personal data of clients are stored in accordance with the applicable laws and regulations of the Republic of Slovenia, more precisely in accordance with the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, No. 94/07 – official consolidated text and 177/20) and Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
All the data acquired from the Clients are used solely for internal use of the Provider and they are not disclosed to a third party. The Provider can send the Clients information about planned activities of the Provider (e.g. discounts, activities, services, etc.).
8. Prohibited Behaviour
Aggressive behaviour and using drugs and alcohol is not tolerated during the activity.
Persons under the influence of drugs or alcohol are not permitted to participate in the activities.
The Provider reserves the right to ban participants from continuing or starting activities should the above mentioned situation arise.
The Provider can do so without monetary compensation to the Client.
In case the Client damages the equipment, he/she is obliged to compensate the Provider for the damage ocurred.
9. Health Complications
In case of health complications the Provider has a first aid kit and if needed an emergency medical services can be called.
If the Client doesn’t feel well during the activity for any reason (e.g. due to an asthma attack or fear of heights …), he/she can ask the staff to terminate the activity.
The Provider has the right to terminate the activity at any time he/she considers it appropriate.
If the Client suffers from any of the above mentioned health conditions and participates in the activities regardless, the Provider is not liable for any health complications or financial loss arising from those.
10. Return Policy
The Provider is responsible for the provided services to be of stipulated quality and to be carried out in accordance with the agreement, namely that the provided services correspond with the description of the services.
The complaints regarding the services provided may be submitted in the course of provision of such concerned services.
The obvious defects must be claimed immediately after the Client learns about them. The hidden defects must be claimed no later than six months after the services were provided.
In case the services were improperly provided, the Client has a right to a complaint. Each complaint will be processed individually, no later than 30 days after the conclusion of the event.
The rights from improperly provided services do not apply to the Client in case the Client was aware of the defects before the services were provided or if the Client caused the defect him/herself.
The return policy can be exercised by email.
The 30 day period for solving the complaint begins on the day the Provider was informed about the occurrence of the defect and that the Client is exercising the right to liability for improperly performed services.
The Provider deals with the received complaints no later than 30 days after the conclusion of the event. The Provider will send the Client a written confirmation about the exercising and execution of the complaint.
The Conditions for Termination of Contract and Refund
- In case the contract is terminated more than 30 days before the starting date of the activity, the Client will be fully refunded.
- In case the contract is terminated more than 7 days and less than 30 days before the starting date of the activity, the Provider keeps 50% of the already paid order.
- In case the contract is terminated less than 7 days before the starting date of the activity, the Client is not eligible to any refund.
- The Provider is not accountable in any way for the weather during the planned activity. In case of bad or not suitable weather, the Provider can cancel, post pone or re-plan the activity. In case the activity is cancelled, the Provider can claim the reimbursement of the expenditures spent while organizing the activity
11. Final Regulations
By sending an order (i.e. proposal for conclusion of the contract) the Purchaser confirms that he/she is familiar with these trade terms and conditions and that he/she fully agrees with them in their entirety. The Purchaser is obliged to present the content of these trade terms and conditions to all the Clients participating in the activities.
These trade terms and conditions form an integral part of the contract and are published on the Provider’s website.
People younger than fifteen years of age can participate only when accompanied by their legal representative.
In the case of resolving a dispute arising from this contractual relationship, the consumer may complain to the European Consumer Center Slovenia regarding the out-of-court settlement of disputes. Additional information is available at their website. In the case of concluding a contract online, the consumer can complain with his claim to the Online Dispute Resolution Platform (ODR Platform) in terms of out-of-court settlement. Contact point for online dispute resolution in Slovenia is the European Consumer Center Slovenia and the e-mail address of the Provider in the case of out-of-court dispute resolution is info@4bproject.com. The Client may withdraw from the contract in accordance with the conditions as stated above, but it is not possible to withdraw from the contract after the participation in the activity has been completed. These business conditions and the contract between the Provider and the Client respect the legislation of the Republic of Slovenia, and disputes arising from business conditions and contracts will be adjudicated by the locally competent court of the Republic of Slovenia after unsuccessful out-of-court settlement of disputes. These business conditions are valid from 05.07.2022 onwards.
Climbing&more, 4b project, agency for marketing and organizing events, d.o.o., Žlebe 127, 1215 Medvode, MŠ: 9170197000, DŠ: 57233535, info@4bproject.com