These Terms and Conditions apply to any travel products and/or services purchased from Macedonia Experience, and govern the contractual relationship between you and Macedonia Experience with respect to any such travel products and/or services (hereinafter, the “Products”). All Macedonia Experience tours are operated by Macedonia Experience Inc., a Macedonian LLC (registered company name: “DTTU Magelan Travel Servis DOOEL – Makedonija Ekspiriens Skopje”). Your trip will be operated by Macedonia Experience.

Please read these Terms carefully as by booking any Product with Macedonia Experience, or by travelling on a Macedonia Experience tour or Product you acknowledge that you:

i) have read and understand these Terms, and

ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.

1. THE BOOKING CONTRACT

A booking is confirmed and these Terms shall apply when Macedonia Experience, or an authorized agent acting on Macedonia Experience’ behalf, have received the applicable deposit from the Client and the Client has received written confirmation from Macedonia Experience of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Macedonia Experience to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Macedonia Experience that:

i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so;

ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Macedonia Experience for the purposes of completing the booking; and

iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Macedonia Experience.

2. MEDICAL CONDITIONS & MEDICAL FORM

All Clients are obligated to provide requested relevant medical information to Macedonia Experience upon booking their tour Product, and may be required to complete the Macedonia Experience Medical Information form If:

(a) Client indicates has any pre-existing medical conditions which may have any impact on the Client’s ability to complete activities included in the tour Product, the Client’s ability to travel to remote areas removed from medical facilities, or which may have any impact whatsoever on the Client’s ability to travel or the travel experience of others on the Product tour; OR

(b) Client is travelling on a trip designated by Macedonia Experience as an “Expedition Trip” (together, “Expedition Trips”) that Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to Macedonia Experience prior to or in conjunction with that Client’s final payment in respect of the applicable booking.

The Client agrees to complete the medical form honestly, accurately and represents and warrants to Macedonia Experience that they will disclose all relevant medical information accurately and fully. Macedonia Experience will maintain the information in strict confidence, in accordance with the Macedonia Experience Privacy Policy. Macedonia Experience reserves the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. Macedonia Experience reserves the right to deny any Client permission to travel or participate in a Product where Macedonia Experience, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients travelling with Macedonia Experience, or Macedonia Experience staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. Macedonia Experience will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with Macedonia Experience and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, Macedonia Experience reserves the right to treat such Client’s booking as cancelled, and all applicable cancellation fees shall apply.

Clients are responsible for assessing their own suitability and capability to participate in the tour Product such Client has booked. All Clients should consult their physician regarding their fitness for travel, and adventure travel in particular. Macedonia Experience encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with Macedonia Experience. Macedonia Experience does not provide medical advice. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Macedonia Experience may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged.

Adventure travel, as offered by Macedonia Experience, by its nature involves visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which Macedonia Experience operates varies and Macedonia Experience makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions.

3. SPECIAL REQUIREMENTS

Macedonia Experience will endeavor to accommodate the special requests of Clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and Macedonia Experience and Macedonia Experience is not liable for any failure to accommodate or fulfill such requests.

Client Age Requirements: Clients aged 18 at date of first travel are deemed to be adults. On all Products an adult Client over the age of 18 must accompany every 2 Minor Clients (defined as Clients under the age of 18). Unless otherwise indicated in the tour description, or otherwise by Macedonia Experience, the minimum age for Clients travelling on tours is 8 years.

Minors: All Minor Client bookings are subject to review and approval by Macedonia Experience. If the consent of a parent or any other person is required by applicable law, judgment, or decree for any Minor Client to travel, the accompanying adult Client is responsible for securing all such proper consent and ensuring that they and the Minor Client meet all legal requirements to travel on the applicable Family Trip and to enter into and depart from applicable countries and regions. Macedonia Experience will not be responsible for any fees, damages, or losses incurred as a result of any failure on the part of a Client to secure such necessary consents, permits, and approval.

Each Adult on a booking with any Minor Client is joint and severally responsible for the behavior and wellbeing of all Minor Client(s) on such booking, and expressly accepts these Terms on their behalf, including all assumptions of risk and limitations of liability contained herein. Each Adult on a booking with any Minor Client assumes all responsibility for supervising and monitoring such Minor Client(s). Macedonia Experience does not provide care services for Minor Client(s) and Macedonia Experience and its representatives expressly disclaim any responsibility for chaperoning or controlling any Minor Client(s).

Family Tour Requirements: In order to book any Products designated on Macedonia Experience website, in relevant brochures, or otherwise indicated by Macedonia Experience to be a “Family Tour”, Clients must be travelling as part of a “Family Unit”. A “Family Unit” shall consist of a group of two or more Clients, traveling and booking together, where at least one such Client is a child in the care of at least one of the accompanying adults. One child may accompany one or more adults for the purposes of being considered a “Family Unit”. Macedonia Experience reserves the right to cancel the booking of any Clients traveling or purporting to travel on a Family Tour who, in its sole discretion, do not properly constitute a Family Unit in accordance with this section or otherwise do not meet Macedonia Experience’ requirements of participation in a Family Tour.

4. INSURANCE

CLIENT ACKNOWLEDGES THAT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of any travel with Macedonia Experience and this insurance must cover personal injury and emergency medical expenses. On the first day of each Product tour, a Macedonia Experience Tour Leader or other Macedonia Experience representative will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Client’s also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Macedonia Experience Product.

5. PRICES, SURCHARGES AND TAXES

Due to the nature of Adventure travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to 30 days before the departure of such Product. Tours are priced and advertised exclusive of applicable sales taxes. After a Confirmation Invoice has been issued by Macedonia Experience to the Client, Macedonia Experience reserves the right to impose surcharges on any Product(s), but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable Product(s), but only where the increase in question is greater than 2% of the original price paid for the Product (excluding add-ons, insurance, and taxes). Macedonia Experience shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than 7% of the price of the applicable Product, upon receiving notification from Macedonia Experience Ltd. the affected Client(s) may elect to either:
cancel the applicable Product booking without incurring any penalty; or
accept the change of price.
The Client must notify Macedonia Experience of their election within 14 days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
From time-to-time Macedonia Experience may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Macedonia Experience) are not entitled to the reduced pricing.

6. VALIDITY

All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any Macedonia Experience brochure or on the Macedonia Experience website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Macedonia Experience website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details for the relevant Product tour as minor changes may have been made since the confirmation of booking.

7. DEPOSITS

Independent and group tours: At time of booking any Product a deposit of 30% from the total invoiced amount, is due from the Client to Macedonia Experience. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The deposit should be sent to Macedonia Experience, depending on the original form of booking. Macedonia Experience-designated FIT tours, or certain Products combined with other forms of Products may require a higher deposit or full payment at the time of booking, which will be advised prior to the confirmation of such booking.

8. CLIENT DETAILS REQUIRED FOR BOOKING

As a condition to valid confirmation of any booking with Macedonia Experience (including all Products) the Client must provide all necessary information as requested by Macedonia Experience along with their final payment. If the Client fails to provide such information prior to the day full payment is due in respect of the relevant Product, an Administrative Fee will be charged to the Client in respect of any costs payable by Macedonia Experience as a result of the Client’s failure to timely provide the required information. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients, or to Macedonia Experience’ authorized agent, during the booking process. Macedonia Experience will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or illegible information provided by the Client.

9. AIRFARE

Product tour prices do not include international airfare or any other flights unless expressly mentioned in the inclusions. Macedonia Experience will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by Macedonia Experience or the applicable airline(s). Macedonia Experience acts only as a sales agent for the applicable airline and the terms and conditions of the air ticket apply to the purchase and use of such ticket. Please consult the air carrier’s applicable terms and conditions and/or conditions of carriage for important information regarding cancellation terms, limitations of liability, and other disclaimers. Macedonia Experience is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air tickets or flight status or delays.

10. FINAL PAYMENT & ACCEPTANCE OF BOOKING

Clients should refer to the confirmation invoice sent by Macedonia Experience and/or its authorized agent and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product (excluding Expedition Trips and FIT or custom-tailored Products) is due 30 days before the departure date of the first Product to depart (of the Products included in such booking).

If full payment is not received by such a due date, Macedonia Experience may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the deposit paid on booking as a cancellation fee, at Macedonia Experience’ sole discretion. If a Product is booked less than 60 days before the departure date of the first Product to depart (of the Products included in such booking), then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.

Macedonia Experience are not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to Macedonia Experience.

11. CANCELLATION BY THE CLIENT

A Client may cancel their booking by notifying Macedonia Experience or their booking Agent, where applicable. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Macedonia Experience and are expressed hereinafter as a percentage of the total price paid for the canceled Product, excluding any insurance products.

Cancellation for Tour Product and Independent Tour Product:

Cancellation received 60 days or more before departure of first Product to depart in relevant booking: Deposit shall be held by Macedonia Experience in accordance with the terms hereof, the remainder of the payments made by the Client to Macedonia Experience in respect of the cancelled Product shall be refunded to the Client.
Cancellation received 59-30 days before departure of first Product to depart in relevant booking: Lifetime Deposit shall be held by Macedonia Experience in accordance with the terms hereof, an amount equal to 50% of the remainder of the payments made by the Client to Macedonia Experience in respect of the cancelled Product shall be refunded to the Client.
Cancellation less than 30 days before departure of first Product to depart in relevant booking: an amount equal to 100% of the payments made by the Client to Macedonia Experience in respect of the cancelled Product shall be refunded to the Client.
Custom or FIT trips may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.

Cancellation of Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room:

Cancellation 31 days or more before departure: Clients shall receive a full refund in respect of cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.
Cancellation 30 days or less before departure: No refund shall be payable in respect of any cancelled Arrival Transfers, Pre and/or Post Night Accommodations and My Own Room.

12. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY MACEDONIA EXPERIENCE

Macedonia Experience guarantees all scheduled Product tour departures that have been booked by a Client shall depart as scheduled (subject to reasonable itinerary changes as contemplated elsewhere in these Terms). Brochures, and other printed materials displaying tour information and departure dates are subject to change, and such dates are excluded from this guarantee. A departure shall become guaranteed once at least one Client has a confirmed booking upon it (secured, at minimum, via valid payment of a deposit). This guarantee is not applicable in Force Majeure situations, as herein defined.
If a tour is cancelled by Macedonia Experience before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:

accepting from Macedonia Experience a substitute tour Product of equivalent or superior value, where such substitute is reasonably available; or
accepting from Macedonia Experience a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from Macedonia Experience the difference in price between the price of the tour originally purchased and that of the substitute tour; or
accept from Macedonia Experience a full refund of all monies paid for the cancelled tour Product(s).

Macedonia Experience is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Macedonia Experience reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, Macedonia Experience will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Macedonia Experience will provide the Client a refund of unused Products or Product portions.

13. TRAVEL DOCUMENTS

The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid 6 months past the last date of travel with Macedonia Experience), as well as all visas, permits and certificates including vaccination certificates, insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by Macedonia Experience which are a direct result of the Client’s failure to secure proper travel documentation. Macedonia Experience does not represent or warrant the accuracy of any information or advice given by Macedonia Experience regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. and Client agrees that Macedonia Experience is not responsible for any errors or omissions in such information.

Vaccinations: Clients should consult their National Health Service for information in respect of any recommended vaccinations required. It is the Client’s responsibility to check with their doctor to make sure that they have any recommended vaccinations or medication such as malaria tablets (and its suitability) required for their particular destinations.

14. FLEXIBILITY & UNUSED SERVICES

The Client acknowledges by booking a Product and/or agreeing to travel with Macedonia Experience that the nature of adventure travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Macedonia Experience. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Macedonia Experience and that Macedonia Experience is not liable to any Client for such changes or amendments.

Macedonia Experience shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Macedonia Experience, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.

15. CHANGES

Changes made by Macedonia Experience: Reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by Macedonia Experience, in its’ sole discretion. If Macedonia Experience makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, Macedonia Experience will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:

i) accept the Material Change and proceed with the amended Product;
ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).

The affected Client must notify Macedonia Experience or their travel agent of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.

Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of Macedonia Experience. Macedonia Experience will make suitable alternative arrangements, at no extra cost to the Client, for the continuation of the Product tour and will, where appropriate, compensate the Client for the difference between the services to be supplied under the contract and those supplied. If Macedonia Experience is unable to make arrangements as described above for reasons other than the refusal of the Client to accept such arrangements, Macedonia Experience will, where appropriate, provide the Client with equivalent transport back to the Client’s place of departure or to another place to which the Client and Macedonia Experience have mutually agreed. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that Macedonia Experience shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. Macedonia Experience will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.

Changes made by the Client: Client is responsible for ensuring that information provided to Macedonia Experience in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the travelling Client’s name on any Product booking are subject to Macedonia Experience’ approval. Any changes to a file will depend on availability and will be on a request basis and subject to Macedonia Experience’ approval. Any extra costs incurred for making the change will be charged to the Client along with an administrative fee. No changes are permitted to any booking within 10 days of departure of the first Product to depart under the applicable booking.

Where the Client is prevented through reasons completely beyond such Client’s control from proceeding with a Product tour as booked the Client may, if possible, transfer his/her Product booking to a person who satisfies all the conditions applicable to the Product tour, provided that the Client gives notice to Macedonia Experience of Client’s intention to transfer no less than 14 days before the date when departure is due to take place. Where such a transfer is made, the transferring Client and the transferee Client shall be jointly and severally liable to Macedonia Experience for payment of the price of the Product (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer.

16. CLIENT’S ACCEPTANCE OF RISK

The Client acknowledges that the nature of Product tours is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it to the full extent legally possible, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release Macedonia Experience and Macedonia Experience Ltd. (collectively, for the purposes of this section, “Macedonia Experience”) from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region.

The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in travel on the Product, particularly if such Product involves physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with under-developed infrastructure. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that Macedonia Experience is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated.

The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the Macedonia Experience (acting reasonably), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, Macedonia Experience may terminate that Client’s travel arrangements on any Product immediately without any liability on Macedonia Experience’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.

Clients agree that they are responsible for any costs incurred by Macedonia Experience, Macedonia Experience’ suppliers or Macedonia Experience’ partners, as a result of damage, destruction, theft, or excess cleaning fees caused or occasioned by the Client while on tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a Macedonia Experience’ representative as soon as possible upon discovery by the Client.

Client agrees to take all prudent measures in relation to their own safety while on any Macedonia Experience tour Product, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. Macedonia Experience, nor its Third Party Suppliers (as hereinafter defined) shall not be liable for any failure on the Client’s part to comply safety instructions or recommendations of Macedonia Experience or its Third Party Suppliers.

Client agrees to bring any complaints regarding a Product to Macedonia Experience as soon as possible in order to provide Macedonia Experience with the opportunity to address such complaint properly. Client agrees to inform the Tour Leader or other designated Macedonia Experience representative at the earliest opportunity, or to the Macedonia Experience local Office Manager at the nearest location to the applicable Product tour, or to Macedonia Experience’ Customer Service department directly. Macedonia Experience assumes no liability for complaints that are not properly brought to the attention of Macedonia Experience with sufficient notice for Macedonia Experience to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by Macedonia Experience via its Agents or directly within 30 days of the end of the tour Product in question.

17. MACEDONIA EXPERIENCE IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS

Macedonia Experience makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the product Tour(s). Although Macedonia Experience takes all reasonable care in selecting Third Party Suppliers, Macedonia Experience is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Macedonia Experience does not warrant that any Third Party Supplier is in compliance with the laws of the Client’s country of residence, or any other jurisdiction.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Macedonia Experience IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN Macedonia Experience AND ITS EMPLOYEES. For clarity, neither Macedonia Experience nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

18. OPTIONAL EXTRAS

Optional Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by Macedonia Experience’ Tour Leaders or other Macedonia Experience’ representative in arranging, selecting, or booking, any Optional Extras is purely at the request of the Client, and Macedonia Experience makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Optional Extras or participation thereon by any Client, or any information provided by any Macedonia Experience representative or Tour Leader regarding any Optional Extras. Accordingly, the Client hereby releases Macedonia Experience from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
The Vessel used in Expedition Trips carries onboard service providers, which may include medical staff, spa personnel, entertainers, etc. who operate as independent contractors. Their services and products are charged as optional extras. Neither Macedonia Experience nor the Carrier is responsible for their performance or products. These contractors contract directly with the Client for their services. Neither Macedonia Experience nor the Carrier is responsible for any such person’s acts or omissions in providing goods or services to the Client.

19. LIABILITY

Macedonia Experience is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).

Macedonia Experience shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Macedonia Experience cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Macedonia Experience such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.

In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Macedonia Experience or of the third-party suppliers of any services which form part of the Contract then Macedonia Experience limits its liability, where applicable by all applicable International Conventions.

Carriage of Clients and their luggage by sea is governed by the Athens Convention which is expressly incorporated into these Terms & Conditions and any liability of Macedonia Experience and/or the Carrier for death or personal injury or for loss or damage to luggage arising out of carriage by sea shall be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to Macedonia Experience and/or the Carrier.

(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

Any damage payable by Macedonia Experience up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from Macedonia Experience on request.

In so far as Macedonia Experience may be liable to a Client in respect of claims arising out of carriage by sea, Macedonia Experience shall be entitled to all the rights, defenses, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms shall be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. Macedonia Experience’ liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which Macedonia Experience may incur to the Client, whether under the contract with the Client in accordance with these Terms or otherwise, shall always be subject to the limits of liability contained in the Athens Convention for death/personal injury.

Notwithstanding anything to the contrary elsewhere in these Terms, Macedonia Experience shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Macedonia Experience may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then Macedonia Experience liability will not exceed $1,000. Macedonia Experience will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against Macedonia Experience and its suppliers, contractors or other third parties.

20. FORCE MAJEURE

Macedonia Experience shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Macedonia Experience failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Macedonia Experience; or an event which Macedonia Experience or the supplier of services, even with all due care, could not foresee.

21. IMAGES AND MARKETING

The Client agrees that while participating in any Macedonia Experience Product tour (including, without limitation, Group/Independent travel, and other tour product) images, photos or videos may be taken by other Clients and/or Macedonia Experience representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Macedonia Experience, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

22. PRIVACY POLICY

Macedonia Experience must collect personal information from Clients in order to give effect to any booking, to deliver the Products and any collateral services, to assist in evaluating such Products. Macedonia Experience takes care to safeguard all Client information and protect the privacy of all of our Clients. Macedonia Experience collects, uses and discloses only that information reasonably required to enable us to provide the particular Product or service that you have requested, and is expressly incorporated into these Terms. In particular, Macedonia Experience may share your information, as necessary, with our third-party suppliers and operators who deliver services or component parts of Product to Clients, in order to enable them to provide such products and services. All such third parties are bound by the terms of the Macedonia Experience Privacy Policy. By submitting any personal information to Macedonia Experience, Clients indicate their acceptance of the terms of Macedonia Experience’ Privacy Policy.

23. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

24. CONTRACT PARTIES & SUCCESSORS

These Terms and Conditions shall inure to the benefit of and be binding upon Macedonia Experience and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.
Your booking contract is with Macedonia Experience, branch office of Magelan Travel Service Skopje, which exists under, and is pursuant to, the laws of the Republic of North Macedonia with its registered office being MH Jasmin 48, 1000 Skopje, Macedonia.

Macedonia Experience tours are operated by Macedonia Experience Inc. (herein, “Macedonia Experience”), which exists under the laws of the Republic of North Macedonia and has its registered office at MH Jasmin 48, 1000 Skopje, Macedonia.

25. APPLICABLE LAW

The Contract and these Terms and Conditions are subject to the laws of the Republic of North Macedonia and all Clients submit to the exclusive jurisdiction of the courts located in Skopje, North Macedonia for the resolution of any dispute under these Terms or concerning a Product.

26. AMENDMENTS

Macedonia Experience reserves the right to update and/or alter these Terms at any time, and shall post the amended Terms on the Macedonia Experience Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on Macedonia Experience’ website, or will be sent to Client upon their written request to Macedonia Experience. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Macedonia Experience’ website. Macedonia Experience recommends that all Clients refer to the Terms prior to their travel to familiarise themselves with the most up-to-date version hereof.