Terms and Conditions

MountVacation / MV-Travel

Effective from: 1 July 2026

Company: OBS d.o.o., Letališka cesta 29, 1000 Ljubljana, Slovenia — operator of the MountVacation and MV-Travel platforms

Introductory Provisions

Purpose of the Terms and Conditions

These General Terms and Conditions (“Terms”) govern:

• use of the Platform,
• the conditions for searching, submitting enquiries for, and booking travel services,
• the contractual relationships between Users, the Company, and Service Providers,
• the rights and obligations of the contracting parties.

These Terms are binding on all Users of the Platform, regardless of whether they act as natural persons or legal entities.

Acceptance of the Terms

By using the Platform, and in particular by submitting an enquiry or a booking, the User confirms that they:

• are aware of these Terms,
• understand them,
• and accept them in full.

If the User does not agree with these Terms, use of the Platform and the submission of a booking are not permitted.

Relationship to Other Documents

These Terms apply together with:

• the booking confirmation,
• the specific conditions of the individual offer,
• the Privacy Policy,
• the Cookie Policy.

In the event of any inconsistency, the specific conditions of the individual offer shall prevail over the general provisions of these Terms.

Definitions

For the purposes of these Terms, the following terms shall have the following meanings:

• Company means OBS d.o.o., Letališka cesta 29, 1000 Ljubljana, which operates the MountVacation and MV-Travel websites and the MountVacation and MV-Travel brands, and which may, depending on the individual case, act as an intermediary or as a package organiser.
• MountVacation and MV-Travel mean the websites and brands operated by the Company. Where these Terms use the term “Company”, this refers to OBS d.o.o. as a legal entity and contracting party, regardless of which platform or brand the User accesses the services through.
• Platform means the website, mobile interfaces, applications, APIs and other digital solutions operating under the MountVacation or MV-Travel brand.
• User means any natural or legal person using the Platform, including visitors, customers, affiliate partners and contractual users.
• Customer means a User who submits an enquiry or a booking for a travel service.
• Service Provider means a third party that actually performs the travel service, in particular accommodation establishments, carriers or other local providers.
• DMC (Destination Management Company) means a destination management company acting as an intermediary or manager of tourism capacities at a given destination.
• Travel Services or Services mean accommodation services, packages, and other related travel services available through the Platform.
• Contract means the legally binding relationship formed between the Customer and the Company, or between the Customer and the Service Provider, in accordance with these Terms and the booking confirmation.
• Intermediary Service: an accommodation booking in which the Company acts as an intermediary and payment is made directly between the Customer and the accommodation provider.
• Package: a combination of at least two different types of travel services (accommodation, transport, vehicle hire, other travel services), where the Company sells them as a package at a single price.
• Travel Agency Service: the sale of services where the Company acts in the name of, and on behalf of, the Service Provider, with payment made through the Company.

Interpretation of Provisions

Headings of individual chapters and clauses are for guidance only and do not affect the interpretation of the content.

Terms used in the singular include the plural and vice versa, unless the context requires otherwise.

Identity of the Company and Its Role in Contractual Relationships

Operator of the Platform

The MountVacation and MV-Travel platforms are operated by the Company – OBS d.o.o., Letališka 29, 1000 Ljubljana, Slovenia, VAT ID SI78839068, which carries on the business of a travel agency and a package organiser in accordance with applicable law under licence numbers 2440 and 2441.

The Company’s identification and contact details are published on the website.

Roles of the Company

Depending on the individual booking, the Company may act in one or more of the following roles:

• as an intermediary between the Customer and the Service Provider,
• as an organiser of a package,
• as an intermediary or distributor of services offered by Service Providers, DMCs, or property agencies.

The Company’s specific role for a given booking is apparent from:

• the type of offer,
• the booking process,
• the booking confirmation,
• and the specific conditions of the individual offer.

The Company’s Role as Intermediary

Where the Company acts as an intermediary, it enables the Customer to conclude a contract directly with the Service Provider.

In such cases:

• the Company is not the contractual provider of the travel service,
• the Service Provider is responsible for performing the service,
• the Company’s liability is limited solely to its intermediary and administrative role, as set out in these Terms.

Packages and Individual Travel Services

An individual booking made through the Platform is treated as a package only where the statutory conditions for a package are simultaneously met and the offer is expressly identified as a package during the booking process and in the booking confirmation.

A package generally comprises at least two different types of travel services (e.g. accommodation and transport, or accommodation and another travel service) that are:

• purchased as a single product,
• charged at a single combined price,
• dynamically assembled by the Customer from the range of offered services and confirmed as the final product,
• and arranged under a single contract or a clearly linked booking process.

In all other cases, the booking is treated as an individual travel service, or as a combination of individual services in which the Company acts as an intermediary or distributor, unless expressly stated otherwise.

The fact that the Customer uses several services within the same booking or trip does not in itself mean that a package exists, if the statutory conditions for a package are not met.

The legal nature of a booking (package or individual service) is, for each individual case, apparent from:

• the type of offer,
• the booking process,
• the booking confirmation,
• and the specific conditions of the individual offer.

Payment as an Indicator of Role

The method of payment does not, by itself, determine the Company’s role. The fact that the Customer pays for a travel service directly to the Service Provider or through the Company does not automatically mean that the Company is acting as the organiser of a package. The Company’s role is assessed as a whole, based on all the circumstances of the individual booking.

DMCs and Offers from Local Property Agencies

For offers involving DMCs (Destination Management Companies) or local property agencies, the Company acts as an intermediary or distributor of accommodation capacity. In such cases:

• accommodation units may belong to different owners,
• the fittings, layout and appearance of individual units may vary,
• the offer is sold by accommodation type rather than by individual unit.

The Company cannot guarantee that the accommodation will be fully identical to all displayed photographs or descriptions, which the Customer acknowledges and accepts when making the booking.

Administrative and Booking Services of the Company

Regardless of the Company’s role in a given booking, the Company always provides the Customer with a booking, administrative and support service, comprising processing of the booking, communication, and support within its remit. This service is a service of the Company in its own right and may be subject to separate terms, fees or obligations, as set out in these Terms.

Insolvency Protection (Organiser Role)

Where the Company acts as organiser of a package, it holds, in accordance with the Regulation on the Guarantee for the Liquidity Difficulties of a Package Organiser and an Undertaking Facilitating Linked Travel Arrangements (Official Gazette of the Republic of Slovenia, No. 52/2018), an insolvency protection guarantee (bond) with:

Zavarovalnica Triglav, d.d., Miklošičeva cesta 19, 1000 Ljubljana.

This insolvency protection covers:

• the refund of all payments made by the Customer, or made on their behalf, where the relevant travel services were not performed as a result of the Company’s insolvency,
• the cost of the Customer’s repatriation, where the package includes transport and repatriation is necessary as a result of the Company’s insolvency.

The currently valid guarantee certificate and details of its validity are available to the Customer on request from the Company and may also be published on the Platform. The insolvency protection is renewed annually; its validity at the time the individual contract is concluded is a condition for the guarantee to take effect.

The Customer may bring a claim under this insolvency protection directly against the guarantor (Zavarovalnica Triglav, d.d., Claims Department) in accordance with the terms of the guarantee certificate and applicable law.

Relationship to Other Provisions

The provisions of this chapter apply together with the other provisions of these Terms. In the event of any inconsistency between this chapter and the specific conditions of an individual offer, the specific conditions of the individual offer shall prevail.

Scope of Application

General Scope

These Terms govern the use of the Platform, the booking process, the intermediation of services, and the legal relationships between the Company and Users of the Platform, regardless of the channel or method of access. These Terms apply to all forms of use of the Platform, including use via:

• the website,
• mobile and other user interfaces,
• partner, intermediary or affiliated sales channels.

Applicability by Sales and Distribution Channel

These Terms apply to all bookings and interactions made:

• directly through the Platform,
• by telephone or email,
• through authorised affiliate partners,
• through travel agencies or other business partners,
• through integrated third-party systems,
• through technical interfaces (APIs) or automated access.

Regardless of the sales channel, the end User is deemed to be aware of these Terms upon submitting a booking or using the service.

Platform Users

Users of the Platform may be:

• natural persons (end consumers),
• legal entities,
• travel agencies and other business entities,
• affiliate partners,
• technical users of API interfaces,
• automated systems for indexing, processing or disseminating information.

Each User uses the Platform in accordance with their role and purpose of use.

Telephone Communication

Where communication with the Customer takes place by telephone, calls may occasionally be recorded, where necessary for:

• ensuring service quality,
• staff training,
• preventing abuse or resolving disputes.

The Customer is notified of any recording in advance. Recordings are processed and retained in accordance with the Privacy Policy and applicable data protection law.

By submitting a telephone booking, the Customer is deemed to be aware of, and to agree to, these Terms.

Affiliate Partners and Travel Agencies

Affiliate partners, travel agencies and other intermediaries may use the Platform’s content, data and offers to intermediate or sell services to their own customers, in accordance with separate contractual arrangements with the Company.

The Company is not liable for:

• the manner in which affiliate partners or travel agencies present the offers,
• the accuracy, completeness or currency of information after it has been passed on by third parties,
• any misrepresentations, additional promises or content changes introduced by third parties without the Company’s consent.

The relationship between a third-party intermediary and the end customer is governed by the terms set by that intermediary, unless expressly stated otherwise.

API Users and Technical Integration

The Platform may provide access to data, content or functionality through technical interfaces (APIs) intended for integration with third-party systems.

API users are required to ensure:

• correct technical implementation,
• correct use of the data,
• a clear and unambiguous presentation of offers to end users.

The Company is not liable for:

• errors arising from incorrect or incomplete API implementation,
• misinterpretation of data within third-party systems,
• technical limitations, delays or irregularities arising outside the Company’s control.

Automated Processing and Indexing of Content

Content on the Platform may be subject to automated processing, indexing or summarisation by third-party systems, including search engines, aggregators and other automated tools.

The Company is not liable for:

• the manner in which third-party systems process, interpret or present the content,
• any inaccuracies arising from automated processing or summarisation of data,
• decisions made on the basis of content processed or reproduced by third parties outside the Platform.

Misuse or Misinterpretation by Third Parties

The Company is not liable for damage, misunderstandings or claims arising from:

• misuse of the Platform,
• misinterpretation of information,
• unauthorised alteration or combination of content,
• the presentation of offers in an altered or incomplete form by third parties.

Each User or intermediary is responsible for its own use of the Platform’s data and content.

Responsibility of the End User

The end User must verify all relevant information, as shown on the Platform or in the booking confirmation, before submitting a booking.

The Company is liable only within the scope of its role, as set out in these Terms, and does not assume liability for the acts or information of third parties over which it has no direct control.

Information About Offers and Content

Nature of the Information on the Platform

Information about accommodation, services, prices, availability, photographs, distances and other characteristics published on the Platform is intended to present the offer and facilitate the Customer’s decision.

The Company strives to provide accurate and up-to-date information; however, much of the data is supplied by third-party service providers (e.g. accommodation providers, local DMCs, property managers or other partners).

Descriptions of Accommodation and Services

Descriptions of accommodation and services are based on information provided by Service Providers and on data available to the Company at the time of publication.

The Company cannot guarantee that all elements of the offer will remain identical or unchanged at all times, as Service Providers may introduce changes without prior notice that do not materially affect the nature of the service.

The Customer is responsible for assessing the suitability of the accommodation or service in light of their own needs and expectations.

Pets Allowed

Information on whether pets may stay (“pets allowed”) is based on data provided to the Company by the accommodation provider and does not constitute an automatic or unconditional right to accommodation with a pet.

Acceptance of pets may be subject to:

• restrictions on the size, weight, number or type of pet,
• a mandatory prior notification at the time of booking,
• an additional surcharge set by the accommodation provider,
• the availability of suitable rooms or units.

The Customer must expressly indicate the presence of a pet at the time of booking. Where a pet has not been notified in advance, or where the provider’s conditions are not met, the accommodation provider has the right to refuse to accept the pet, or to refuse the accommodation entirely, without the Customer being entitled to a refund from the Company.

In such cases, the Company is not liable for any costs, inconvenience or additional demands arising from the accommodation provider’s refusal to accept a pet.

Photographs and Visual Presentation

Photographs of accommodation and services are for information purposes and may represent representative examples of accommodation units or common areas.

In particular for accommodation managed by local partners, or where the units are privately owned, individual accommodation units may differ in layout, furnishings, decoration or view, while still corresponding to the booked type, capacity and stated services.

Minor visual discrepancies do not, in themselves, constitute non-conformity of the service.

Distances and Location Information

Distances shown on the Platform are approximate and provided for orientation purposes only. They are calculated using digital mapping tools and may vary depending on the route selected, weather conditions, or the exact location of the accommodation within the area.

The map shown alongside the offer constitutes the primary reference source for location information.

Facilities, Additional Services and Accommodation Features

Information on facilities, additional services and accommodation features (e.g. Wi-Fi, parking, wellness, indoor pool, outdoor pool, air conditioning, etc.) is based on information from Service Providers and describes the availability of individual services, not necessarily their permanent, unlimited or free availability.

Availability, scope of use, any additional charges, time restrictions within individual days, seasonal restrictions, or special conditions of use of individual services may vary depending on the provider, property, type of accommodation or period of stay, and may be subject to house rules or the provider’s business policy.

Changes to Offers and Availability

Service Providers may introduce minor changes before or after a booking is confirmed, resulting from maintenance, seasonal adjustments, technical reasons or other circumstances.

The Company reserves the right to correct any obvious errors, omissions or inaccuracies in the content of an offer, and will notify the Customer appropriately of any material changes in accordance with applicable law.

Informational Nature of Content

All information published on the Platform is for information purposes and does not constitute a personal recommendation or a guarantee that a particular accommodation or service is suitable for a specific Customer.

The Customer makes the booking decision based on their own judgement and the information available.

Standardised Accommodation Descriptions Based on Property Characteristics

Accommodation descriptions on the Platform may be generated using a standardised description system based on the characteristics of the accommodation properties and other attributes entered into the system by Service Providers.

Descriptive sentences and template paragraphs are generated automatically from this data, for the purpose of ensuring a consistent structure, comparable content, and linguistic consistency of descriptions across all available languages.

Such descriptions are intended to provide an objective and transparent presentation of the characteristics of a given accommodation and do not constitute an individual guarantee or a specific promise regarding particular details of the service.

Accommodations for Persons with Special Needs

The Customer may, at the time of booking or during the booking process, specifically notify the Company of special needs (e.g. limited mobility, the need for an adapted room, or another form of assistance). The Company will pass such notification on to the relevant Service Provider.

The Company does not guarantee that the Service Provider will be able to accommodate the requested adaptation in every case, as the availability of adapted facilities depends exclusively on the Service Provider. The Customer must notify any special needs in good time, at the latest when submitting the booking, so that the Company can pass the notification on to the provider before the service is performed.

Booking Process

Submitting a Booking

The Customer submits a booking on the Platform by completing the booking form and confirming the selected conditions. By submitting a booking, the Customer makes a binding offer to conclude a contract in accordance with the selected service, prices, conditions and availability as shown during the booking process.

Submitting a booking means that the Customer:

• is aware of the content of the offer,
• is aware of the cancellation terms and other conditions applicable to the selected service,
• is aware of the Company’s role under these Terms,
• is obliged to fulfil the obligations arising from the confirmed booking.

Bookings with Immediate Confirmation (Real-Time Availability)

For bookings where availability is confirmed in real time, the booking is deemed to be confirmed immediately upon submission, unless expressly stated otherwise.

In such cases:

• the contractual relationship arises immediately,
• the booking is binding,
• the cancellation terms take effect from the date the booking is confirmed,
• any subsequent changes or cancellations are subject to the conditions set for the individual offer.

Bookings on Request

Where an offer states that a booking is available “on request”, submitting the booking does not yet mean the booking is immediately confirmed.

In such a case: • by submitting the booking, the Customer makes a binding statement of intent that, if the booking is confirmed by the provider, the booking will be automatically confirmed and binding on the Customer, without any need for further confirmation from the Customer, • after the booking is submitted, the Company notifies the Customer that the booking is awaiting confirmation from the Service Provider, • the contractual relationship arises only upon the subsequent confirmation of the booking by the provider, of which the Company notifies the Customer by email or another appropriate communication channel.

If the provider does not confirm the booking, the booking does not come into existence and the Customer is not obliged to pay for the service.

Binding Nature of the Booking and Payment Obligation

A confirmed booking constitutes a binding contractual obligation, regardless of the payment method selected.

Choosing to pay by bank transfer or another deferred payment method does not affect the validity or binding nature of the booking, and does not postpone the Customer’s payment obligation.

If the Customer fails to make payment within the specified period after the booking is confirmed, this is deemed a breach of contractual obligations, and the Company is entitled to exercise its rights under these Terms and applicable law, including sending reminders and pursuing recovery of amounts due.

Booking Confirmation and Communication

The Company generally sends the booking confirmation, status notifications, payment instructions and other important information to the Customer by email or through the User’s account on the Platform.

At and after the time the booking is submitted, the Company sends the Customer, to the email address provided at booking, in particular:

• a booking confirmation (email) containing the booking details (services, dates, price, conditions),
• an invoice for the full contractual value of the booking (PDF attachment), issued at the time the booking is submitted, regardless of the agreed payment schedule,
• where the booking meets the conditions for a package, the Standard Information Form for package travel contracts (PDF attachment, see clause 5.6),
• a receipt for each payment actually received (payment receipt, email), issued for each individual payment actually received,
• a voucher (PDF attachment), once the full contractual price has been paid in full.

The Customer must ensure that their contact details are correct and must regularly check messages received. The Company is not liable for any consequences arising from incorrect or inactive contact details provided by the Customer.

Standard Information Form for Package Travel Contracts

Where a booking, by its content and scope, meets the conditions for a package (see clause 2.4), the Company presents the Customer, before the booking is submitted or confirmed, with the Standard Information Form for package travel contracts (in accordance with Annex I/II to the Rules on Forms for Information under Package Travel and Linked Travel Arrangement Contracts and with Directive (EU) 2015/2302), setting out the consumer’s key rights in respect of a package, including the Company’s liability as organiser and the existence of insolvency protection under clause 2.8 of these Terms.

The Standard Information Form forms part of the pre-contractual information and the booking confirmation. It is displayed to, or made available to, the Customer during the booking process before the Customer becomes bound by the booking, and is subsequently sent to the Customer, fully completed with the details of the specific booking, on a durable medium (email), together with the booking confirmation, invoice and booking summary. See also clause 9.8 for cases where the form is updated and re-sent following a subsequent change to the booking.

Cancellation Terms as Part of the Booking

Cancellation terms, shown during the booking process, apply to every booking and form a part of the contractual relationship.

By submitting a booking, the Customer confirms that they have been made aware of, and accept, the cancellation terms. The financial consequences of changes to, or cancellation of, a booking are set out in more detail in chapters 9 and 10 of these Terms.

Invalid or Incomplete Bookings

The Company reserves the right to refuse or cancel a booking in the event of:

• obvious errors in the data,
• technical system errors,
• suspected abuse or speculative bookings,
• failure to fulfil the Customer’s material obligations.

In such cases, the Company will notify the Customer of the reasons within a reasonable time.

Accuracy and Completeness of the Customer’s Data

When submitting a booking, the Customer must provide true, accurate and complete personal data, including first and last name, permanent or temporary residential address, telephone number and email address.

The Customer is responsible for the accuracy of the data entered and must promptly notify the Company of any changes to data relevant to the performance of the booking or to communication in connection with it.

The Company is not liable for any consequences arising from incorrect, incomplete or untrue data provided by the Customer.

Communication Channels

The Company may use various communication channels for the purposes of performing the contract and managing the booking, including email, telephone calls, SMS messages, and messaging applications (such as WhatsApp, Viber or comparable services).

Such communication is used exclusively for the purposes set out in the following points:

• confirming and managing the booking,
• providing information about arrival, check-in procedures, or access to the accommodation,
• notifying the Customer of changes, delays or urgent organisational information,
• resolving technical or operational issues relating to the performance of the service,
• notifying the Customer of the status, changes, and expiry of benefits under the Loyalty Program.

Use of the above communication channels is deemed necessary for the performance of the contract and does not depend on any settings or consents the User may have given for marketing purposes.

Contractual Relationships

Formation of the Contractual Relationship

Upon submission and acceptance or confirmation of a booking, a binding contractual relationship arises, the content of which depends on the type of service and the Company’s role in the individual booking.

The contractual relationship arises:

• either between the Customer and the Service Provider,
• or between the Customer and the Company,

as set out in more detail below in this chapter.

Relationship Between the Customer and the Service Provider (Intermediary Role)

Where the Company acts solely as an intermediary in an individual booking, the contract for the performance of the travel service is formed directly between the Customer and the Service Provider (e.g. accommodation establishment, local service provider).

In such cases, the Company:

• enables the contract to be concluded,
• passes on information and payments, where so agreed,
• does not become a contracting party in respect of the performance of the service.

The Service Provider is responsible for performing the service, its quality, conformity with the description, and fulfilment of contractual obligations, in accordance with its own terms and applicable law.

Relationship Between the Customer and the Company (Organiser Role)

Where the Company acts as organiser of the trip, in particular for packages (e.g. a combination of accommodation and additional services), the contractual relationship arises directly between the Customer and the Company.

In such cases, the Company:

• is liable for the performance of the contracted services in accordance with package travel legislation,
• may engage third parties to perform individual services,
• remains responsible for the proper performance of the trip within the scope of statutory provisions.

Dynamically Assembled Packages and the Company’s Role

Where, within a single booking process, the Customer selects and books two or more different travel services (e.g. accommodation and additional services) that are combined into a single invoice or contractual relationship, such a booking is treated as a package, and the Company acts as organiser of the package in accordance with applicable law.

Where the Customer books individual travel services separately, with separate confirmations, prices or contracts, the Company acts only as an intermediary or provider of the individual service, and such a booking is not treated as a package.

Special Features Regarding DMCs and Offers from Local Property Agencies

For offers obtained by the Company from Destination Management Companies (DMCs) or property/real estate providers, individual accommodations are often sold by type or category, rather than by a specific, precisely defined unit.

In such cases:

• the accommodation contract is formed between the Customer and the Service Provider,
• the Company acts as an intermediary,
• the fittings, layout and appearance of the individual accommodation unit may vary.

By submitting a booking, the Customer agrees that:

• photographs and descriptions may be for information purposes,
• minor discrepancies between what is shown and the actual condition do not constitute non-conformity of the service, provided that the booked category or type of accommodation is delivered.

Payment Arrangements

Regardless of whether the Company acts as intermediary or organiser, it may, in accordance with the offer:

• receive payment on behalf of the Service Provider, or
• receive payment as its own contractual consideration.

The payment method does not affect the characterisation of the contractual relationship with regard to performance of the service.

Allocation of Liability

The contractual relationship and liability are assessed according to the Company’s role in the individual booking, as clearly indicated during the booking process and in the booking confirmation.

The Customer must check, before submitting a booking:

• the type of service,
• the Company’s role,
• the Service Provider’s conditions, or the conditions applicable to a package.

Sharing of Contact Details for Performance of the Service

For the purposes of performing a travel service, the Company may pass on certain personal data of the Customer to the Service Provider, in particular their first and last name, telephone number and email address, where necessary for:

• organising arrival,
• carrying out a remote or automated check-in,
• providing instructions on accessing the accommodation,
• or communication relating to the performance of the service.

Such disclosure of personal data is deemed necessary for the performance of the contract and is limited exclusively to the extent necessary for the correct and safe performance of the booked service.

Precedence of Specific Conditions

The specific conditions of an individual offer, as shown to the Customer during the booking process, take precedence over the general provisions, where this is expressly stated or follows from the nature of the service.

Prices and Availability

Dynamic Pricing

The prices of travel services published on the Platform may be dynamic and may change depending on:

• availability,
• demand,
• seasonal factors,
• the Service Provider’s pricing policy,
• the time remaining before the service is performed,
• other market or business circumstances.

The price shown during search or when viewing an offer is not binding until the booking has been submitted and confirmed in accordance with the process set out in chapter 5 of these Terms.

Contract Price

The contract price becomes binding once it is:

• clearly shown during the booking process,
• confirmed when the booking or enquiry is submitted,
• stated in the booking confirmation.

Once the booking has been confirmed, the contract price does not change, except in the cases expressly set out in these Terms or in the specific conditions of the individual offer.

Included Taxes and Additional Charges Payable on Site

The contract price shown during the booking process and at checkout always includes VAT.

In addition to the contract price, an individual offer may involve additional mandatory or optional charges and costs which the Service Provider charges separately, payable on site (e.g. tourist tax, final cleaning fee, optional use of a sauna or similar additional services). Such charges and costs:

• are clearly and separately shown for each individual offer and at checkout, with an indication that the amount is payable on site and is not included in the contract price,
• may vary depending on the destination, local regulations, or the individual provider’s policy,
• are not part of the contract price under clause 7.2 and do not affect its binding nature.

The Customer must check the display of all included and additional charges for a given offer before submitting a booking.

Types of Availability

Availability of travel services may be:

• real-time availability, or
• on request.

The type of availability is clearly indicated to the Customer during the booking process.

Bookings with Real-Time Availability

For bookings with real-time availability, the service is deemed available and confirmed upon submission of the booking, unless expressly stated otherwise.

Such a booking becomes binding immediately and, from the moment of confirmation, is treated in accordance with the applicable conditions regarding payment, changes and cancellation.

Bookings on Request

For bookings marked as on request, submitting the booking means that the Customer is submitting an enquiry as to availability and price with the Service Provider.

In such cases:

• the Company passes the enquiry on to the Service Provider,
• the contract arises on the date the enquiry is confirmed by the Service Provider,
• confirmation by the provider constitutes a final booking binding on the Customer, without the need for any further confirmation from the Customer.

By submitting the enquiry, the Customer expressly agrees that, if confirmed by the provider, the booking automatically becomes binding, and that all applicable conditions relating to payment, changes and cancellation apply to it.

Availability After Confirmation of the Booking

After a booking is confirmed, the Company does not guarantee that the service will remain available for other dates, prices or conditions that may have been shown before the booking was submitted.

Changes to availability after a booking is confirmed do not affect the already confirmed booking, except in the cases set out in chapter 11 of these Terms.

Obvious Errors in Price or Availability

The Company reserves the right, in the event of an obvious error in the price or availability, resulting from:

• a technical or system error,
• incorrect input data from the provider,
• an obvious calculation error,

to correct, withdraw, or cancel the corresponding booking.

An error is considered obvious in particular where an average customer, exercising reasonable care, could have recognised that the price or availability shown or confirmed did not correspond to the actual situation.

In such a case, the Company will notify the Customer without undue delay and offer the Customer the option to:

• conclude the contract on the correct terms, or
• withdraw from the contract free of charge.

Withdrawal by the Company Due to an Obvious Error

The Company reserves the right to withdraw from a contract where, after confirming a booking, it discovers an obvious error, in particular relating to:

• the price,
• availability,
• the content or scope of the service, where such an error results from a technical, system or human error and was reasonably recognisable to the average user.

Withdrawal from the contract is possible no later than five (5) business days after confirmation of the booking, provided that:

• the first service has not yet been performed by the arrival date, and
• the Customer has not yet begun to use the service.

If fewer than five (5) days remain before the arrival date, the Company may withdraw from the contract at the latest by the arrival date, provided the conditions set out in the preceding paragraph are met.

In the event of withdrawal, the Company will refund all payments received by the Customer within five (5) business days. In such a case, the Customer is not entitled to any additional compensation or damages, unless applicable law provides otherwise.

This provision does not affect the mandatory rights of consumers, which may not be restricted or excluded under applicable law.

Currencies and Conversions

Prices may be shown in various currencies. The display of prices in currencies other than the contract currency is for information purposes only.

The contract price and the contract currency are determined in accordance with chapter 8 of these Terms and are the only legally binding figures.

Relationship to Other Provisions

The provisions of this chapter apply together with the provisions on:

• the booking process (chapter 5),
• contractual relationships (chapter 6),
• payments and currency (chapter 8),
• changes and cancellations (chapters 9, 10 and 11),
• liability and limitation of liability (chapter 12).

Payments and Currency

Contract Price and Contract Currency

Each booking has a contract price, which represents the only legally binding price for the service. The contract price is expressed in the contract currency, which is clearly stated during the booking process, in the booking summary, and in the booking confirmation.

The contract currency may be:

• the euro (EUR),
• the Swiss franc (CHF),
• the convertible mark of Bosnia and Herzegovina (BAM/KM),
• or another currency, where expressly stated for the individual offer.

By submitting and confirming a booking, the Customer undertakes to pay the contract price in the contract currency, regardless of the chosen payment method or any subsequent currency fluctuations.

Display of Prices in Other Currencies

The Platform may allow the Customer to view prices in currencies other than the contract currency, for information and orientation purposes only.

Such conversions:

• are based on exchange rates applicable on the day they are displayed,
• do not constitute an offer or a contractually binding price,
• may change due to fluctuations in exchange rates.

In the event of a discrepancy between the displayed informational price and the contract price, the contract price in the contract currency shall always prevail.

Methods of Payment

The Company offers various payment methods, shown during the booking process, including:

• payment by payment card,
• bank transfer,
• instalment payment through third-party payment service providers (such as LeanPay or Diners),
• payment by cryptocurrency through third-party providers or exchanges (such as Paycek),
• other payment methods, where available.

When instalment payment or payment through a third-party provider is used, the Company acts solely as the provider of the booking service, while the conditions, costs and execution of the payment are determined by the chosen payment service provider.

The choice of a particular payment method does not affect the binding nature of the booking and does not change the contract currency or the contract price.

Payment by Bank Transfer

If the Customer chooses to pay by bank transfer, they must make the payment in the contract currency and within the period stated in the payment instructions.

Failure to make payment within the specified period does not affect the validity of the booking and is deemed a breach of contractual obligations, with the consequences set out in these Terms.

Payments in Another Currency and Currency Conversion

Where the Customer makes a payment from an account or payment instrument denominated in a currency other than the contract currency, the currency conversion is carried out by the bank or payment service provider at its own exchange rates and on its own terms.

The Company is not liable for:

• the exchange rate applied,
• any discrepancy between the informational price shown and the amount actually charged,
• costs charged by banks or payment service providers.

Instalment Payments

Where instalment payment is available, all instalments are calculated in the contract currency.

Any differences in the amounts of individual instalments arising from currency conversion or bank charges do not affect the Customer’s total contractual obligation and do not constitute a change to the contract price.

Changes in Exchange Rates

Changes in exchange rates between the booking date, the payment date, or the date of payment to the Service Provider do not affect the contract price, unless expressly provided otherwise for the individual offer.

Informational conversions into other currencies may be subject to change and do not form a basis for claims or objections by the Customer.

Loyalty Program and Credit

As part of its business, the Company may allow customers to participate in the Loyalty Program [hyperlink], under which users earn Credit, discounts or status benefits through completed bookings or other activities.

Credit is recorded in the User’s account and may be used exclusively for future purchases, in accordance with the applicable programme rules. Credit does not constitute a monetary instrument, is not interest-bearing, is not transferable, and is not exchangeable for cash, unless expressly provided otherwise in these Terms or under applicable law.

Detailed rules of the Loyalty Program, including how Credit is earned, used, its validity, and any restrictions, are published separately on the website and may change from time to time. Changes to the programme rules do not affect Credit already earned under the rules that applied at the time it was earned.

The Company may notify the User of the status, changes, or expiry of Credit through the communication channels set out in these Terms, and such notifications are deemed status notifications relating to account management and the performance of the contractual relationship.

Payment Obligations and Due Dates

The contract price falls due for payment in accordance with the conditions stated during the booking process or in the booking confirmation.

In the event of late payment, the Company is entitled to exercise its rights in accordance with these Terms and applicable law.

If, after being reminded by the Company, the Customer fails to settle amounts due within the additional period specified in the reminder, the Customer is deemed to have breached their contractual obligations, which may result in cancellation of the booking under chapter 10 and recovery of amounts due in accordance with applicable law.

Bank Charges and Shared Payment Costs

For payments made by bank transfer, in particular international transfers, the Customer must ensure that the Company receives the full amount of the contract price, as set out in the confirmed booking.

Any bank charges, intermediary bank fees, or costs arising from the choice of shared costs (e.g. SHA) are borne by the Customer and do not reduce the Customer’s contractual payment obligation.

The Company records payments received in the amount actually received. If, due to bank charges, the amount received by the Company is lower than the contract price, the Customer must settle the difference without delay, so that the full contractual obligation is fulfilled.

Changes to a Booking

Request for a Change to a Booking

After a booking has been confirmed, the Customer may request a change to the booking. A request for a change may include, in particular:

• a change of stay dates,
• a change in the number of persons,
• a change of accommodation type,
• a change of participant details,
• other changes affecting the content or performance of the booking.

Submitting a request for a change does not constitute a right to a change and does not affect the validity of the existing booking.

Handling of a Request for a Change

The Company, together with the Service Provider, will make a reasonable effort to accommodate the request for a change; however, whether the change can be implemented always depends on:

• availability,
• the Service Provider’s conditions,
• the type of booking (e.g. non-refundable bookings),
• the time remaining before the service begins,
• technical and operational constraints.

Service Providers may exclude certain bookings (in particular those with restricted or non-cancellable conditions) from the possibility of changes. In such cases, a change is not possible, regardless of the reason for the request.

Decision on the Change

The Company notifies the Customer whether the change is possible after receiving a response from the Service Provider.

If the change is not possible:

• the original booking remains in effect,
• this does not constitute a cancellation of the booking,
• the Customer may cancel the booking in accordance with the cancellation terms set out in chapter 10 of these Terms.

Administrative Fee for Processing a Change

If a request for a change is approved, the Company is entitled to charge an administrative fee for processing the change of EUR 25 per booking, unless otherwise specified for the individual offer.

For changes that, due to their scope or complexity (e.g. a change involving several Service Providers or requiring the entire package to be re-coordinated), exceed the usual scope of administrative processing, the Company may charge a higher, but proportionate, fee, up to a maximum of EUR 75 per booking. The Company will inform the Customer of such a fee before the change is carried out, and the Customer may decide whether to confirm the change on those terms.

The administrative fee:

• is charged for processing and coordinating the change,
• is charged regardless of whether the change affects the price of the service,
• does not include any additional costs charged by the Service Provider.

If the change is not approved, no administrative fee for the change is charged.

Changes and Price Differences

If an approved change results in a change to the price of the booking, the Customer must pay the price difference arising from:

• changed prices or conditions set by the provider,
• different availability,
• seasonal or other price adjustments.

If the change results in a price reduction, the Company is not obliged to refund any administrative fee for processing the change already charged.

A Change Treated as a New Booking

If an approved change, by its content or scope, constitutes a material change to the original booking, the Company may treat such a change as a new booking.

In this case:

• the conditions applicable at the time the new booking is submitted apply to the new booking,
• the original booking is treated in accordance with the cancellation terms set out in chapter 10 of these Terms.

Relationship Between a Change and a Cancellation

A request for a change, or its handling, does not constitute a cancellation of the booking.

If, after a change proves not possible or is not approved, the Customer cancels the booking, such cancellation is treated in accordance with the cancellation terms set out in chapter 10 of these Terms.

Standard Information Form Upon a Change to a Booking

If an approved change to a booking affects the contract price, included services, performance dates, or other elements forming part of the Standard Information Form for package travel contracts under clause 5.6 of these Terms, the Company, upon confirming the change, prepares and sends the Customer, on a durable medium (email), an updated Standard Information Form reflecting the new status of the booking.

The updated form replaces the one previously sent within the same booking relationship. The key rights set out in the form remain unchanged; only the booking-specific details (price, dates, included services, and similar) are amended.

Cancellation of a Booking by the Customer

Exception to the Right of Withdrawal (14-Day Period)

For bookings of accommodation, transport, vehicle hire or other travel services to be performed on a specific date or within a specific period, the Customer (as a consumer) does not have the general right to withdraw from the contract without giving a reason within 14 days, as would otherwise apply to distance contracts (Article 135 of the Consumer Protection Act (ZVPot-1)).

This means that cancellation of such a booking is governed exclusively by the cancellation terms set out in this chapter, or by the Service Provider’s cancellation terms, regardless of how much time has passed since the booking was submitted.

Notwithstanding the above, in the case of a package, the Customer has the right to withdraw from the contract before the start of the trip, under the conditions set out in clauses 10.2 et seq. of this chapter and under applicable package travel legislation.

This provision does not affect any other mandatory consumer rights, which may not be restricted or excluded under applicable law.

Right to Cancel

After confirming a booking, the Customer may cancel the booking. A cancellation does not constitute a change to the booking and is treated separately from requests for changes governed by chapter 9 of these Terms.

A cancellation of a booking must be made in writing, or in a manner enabled by the Platform.

The Company’s Business Hours

The Company’s business hours are:

• Monday to Friday,
• from 8:00 a.m. to 5:00 p.m.,
• Central European Time (CET).

The Company is closed on Saturdays, Sundays and public holidays in the Republic of Slovenia.

For the purposes of these Terms, the following applies:

• all notices, cancellations, changes or other requests from the Customer are deemed to have been received in time if submitted during the Company’s business hours,
• notices sent outside business hours are treated as received at the start of business on the next business day.

The time of receipt is determined based on the timestamp of the Company’s information system, or the time of receipt in the Company’s official communication channels.

The Service Provider’s Cancellation Terms

Each booking is subject to the Service Provider’s cancellation terms, which are clearly shown to the Customer during the booking process and form a part of the contractual relationship.

The provider’s cancellation terms may specify:

• free cancellation up to a specified deadline,
• partial charging for the service,
• full charging for the service,
• non-cancellable (non-refundable) conditions.

When handling a cancellation, the Company applies and follows the Service Provider’s cancellation terms, unless expressly stated otherwise.

The Company’s Administrative Costs

Regardless of the Service Provider’s cancellation terms, the Company reserves the right to charge an administrative fee for processing a cancellation in the event of a booking being cancelled, in accordance with the provisions below.

Cancellation of a Booking by the Customer – the Company’s Costs

Where the Customer cancels a booking, the Company is entitled to charge fees for processing the cancellation and the booking procedure, arising from the administrative, organisational and intermediary activities performed.

If the Customer cancels a booking within ten (10) days of the date the booking was submitted, the Customer will be charged:

• a fixed administrative fee of EUR 25.

If the Customer cancels a booking after ten (10) days have elapsed from the date the booking was submitted, the Customer will be charged:

• a fixed administrative fee of EUR 25, and
• an additional fee equal to 10% of the contract value of the booking.

These costs represent a lump-sum compensation for:

• work already carried out by the Company,
• the costs of the booking and payment process,
• organisational and administrative activities, and
• the lost opportunity to sell the reserved date, resulting from the cancellation.

These costs do not constitute a contractual penalty, but rather lump-sum compensation for costs incurred and business losses suffered by the Company as a result of the cancellation.

Where the Customer cancels a booking at a time when cancellation costs have already arisen under the booking contract or under the provider’s conditions, the Customer will be charged:

• a fixed administrative fee of EUR 25, and
• the provider’s contractual cancellation costs, in accordance with the conditions of the individual provider.

Relationship to the Provider’s Cancellation Terms

The costs referred to in the preceding clause are charged independently of the Service Provider’s cancellation terms and apply even in cases where the provider has not yet determined its own cancellation terms at the time of cancellation.

Where the provider’s cancellation terms specify higher cancellation costs, the provider’s stricter conditions apply.

This provision does not affect mandatory consumer rights, which may not be restricted or excluded under applicable law.

Non-Refundable and Restricted Bookings

For bookings marked as non-refundable, or otherwise subject to restricted cancellation options, cancellation is not free of charge, regardless of when the cancellation is submitted.

In such cases, the Customer must pay the cancellation costs in accordance with the Service Provider’s cancellation terms, together with any applicable administrative costs of the Company, where relevant.

Effect of Cancellation on Payments

In the event of cancellation of a booking, the Company will calculate the cancellation costs in accordance with this chapter and will withhold or request payment of the corresponding amount.

If the Customer has already made payment, any refund amount is calculated after deducting all applicable cancellation costs.

If payment has not been made, or has only been made in part, the Customer must settle the cancellation costs in accordance with these Terms.

Refund of Surplus Funds and Credit

In the event of a cancellation of a booking, or another event resulting in a surplus of funds paid, the Company will carry out a financial settlement in accordance with these Terms and the applicable cancellation terms.

This also includes cases where the Customer fails to pay the full contract price by the balance due date, resulting in the booking being cancelled in accordance with these Terms — any surplus already paid, over and above the calculated cancellation costs, is treated in accordance with this clause.

Any surplus funds will generally be recorded as Credit in the Customer’s User account, which the Customer may use for future bookings in accordance with the applicable conditions.

The Customer has the right to request a refund of the surplus funds, in which case the refund is made to the same payment instrument or account from which the original payment was made, unless applicable law provides otherwise.

Refunds are made within the periods, and in the manner, set out in these Terms, having regard to applicable anti-money-laundering and counter-terrorist-financing regulations.

Relationship to Changes to a Booking

A request for a change to a booking, or its handling under chapter 9 of these Terms, does not affect the Customer’s right to cancel the booking, nor does it suspend or extend the applicable cancellation deadlines.

Relationship to Cancellation by the Company

The provisions of this chapter apply exclusively to cancellation of a booking by the Customer.

Changes to, or cancellations of, a booking made by the Company for objective, technical or organisational reasons are governed by chapter 11 of these Terms.

Changes to and Cancellation of a Booking by the Company

General

In certain cases, depending on its role in the individual booking (intermediary or organiser), the Company may change or cancel a booking where required by objective, technical, organisational or operational circumstances that prevent or materially impede performance of the booked service.

In such cases, the Company acts in accordance with applicable law, these Terms, and the principle of proportionality.

Changes to a Booking for Objective Reasons

The Company may make minor changes to a booking where necessary due to:

• overbooking by the Service Provider,
• technical or system errors,
• unexpected operational constraints of the provider,
• changes to, or cancellation by, the Service Provider,
• other objective circumstances outside the Company’s direct control.

Such changes:

• do not materially affect the purpose or nature of the booking,
• are made in cooperation with the Service Provider,
• are communicated to the Customer without undue delay.

Alternative Services

If the originally booked services cannot be provided, the Company will use its best efforts to arrange:

• an alternative service of comparable or higher quality, or
• another reasonably acceptable solution.

If the Customer does not reasonably accept the alternative service, the Customer has the right to cancel the booking in accordance with this chapter.

Cancellation of a Booking Due to Impossibility of Performance

The Company may cancel a booking where performance of the service becomes impossible or materially impeded, in particular due to:

• overbooking that cannot be resolved by an alternative service,
• technical faults in the provider’s or the Platform’s systems,
• extraordinary or unforeseeable circumstances,
• other objective reasons not resulting from the Company’s conduct.

The Customer is notified of the cancellation without undue delay.

Special Provisions for Packages (Organiser)

Where the Company acts as organiser of a package, it may cancel the package for organisational or operational reasons, in accordance with applicable law, no later than:

• 48 hours before the start of the trip, where the package lasts less than 2 days,
• 7 days before the start of the trip, where the package lasts from 2 up to and including 6 days,
• 20 days before the start of the trip, where the package lasts more than 6 days.

This right also includes cancellation due to the minimum number of participants not being reached, where this is expressly provided for the particular package.

Refund of Payments

In the event of cancellation or annulment of a booking by the Company under this chapter, all payments already received will be refunded to the Customer within 30 days at the latest of the date the cancellation or annulment is confirmed.

The refund is made using the same method as the original payment.

Limitation of Liability

In cases of change to, or cancellation of, a booking under this chapter, the Company is not liable for additional damage, loss of profit, indirect costs or other inconvenience, provided it has acted in accordance with these Terms and applicable law.

This provision does not affect the Customer’s rights under mandatory statutory provisions.

Customer’s Duty to Cooperate

In the event of a change to, or cancellation of, a booking, the Customer must cooperate in resolving the situation and must respond within a reasonable time to any alternative solutions proposed or notices from the Company.

Customer Obligations Relating to Arrival, Stay and Performance of the Service

Obligation to Follow the Provider’s Instructions

The Customer must comply with all instructions, rules and house rules of the Service Provider, in particular regarding:

• arrival and departure,
• use of the accommodation,
• safety,
• check-in and check-out.

Time of Arrival (Check-In)

The Customer must arrive at the accommodation within the check-in time stated in the booking confirmation or on the voucher.

The provider’s contact details and arrival (check-in) instructions are provided to the Customer on the voucher, which the Company issues once full payment of the contract price has been received (see clause 5.5). The Customer must ensure timely payment so as to receive the voucher, and the related information necessary to perform the service, in good time.

If the Customer is unable to arrive at the expected time, they must notify the Service Provider in good time, using the contact details shown on the voucher.

Late Arrival and No-Show

If the Customer, without prior notice, fails to arrive at the accommodation by the end of the agreed arrival window, this may be treated as a no-show.

In the event of a no-show, the Service Provider has the right to:

• cancel the booking,
• release the reserved accommodation,
• and let it to another customer.

In such a case, the Customer is not entitled to a refund, unless the provider’s cancellation terms state otherwise.

Weather Conditions

Weather conditions, including but not limited to:

• rain,
• snow,
• cold,
• heat,
• wind or other weather phenomena,

do not, in themselves, constitute grounds for cancellation or a complaint, provided the agreed travel services are performed in accordance with the contract.

Customer dissatisfaction due to weather conditions that do not affect the performance or availability of the agreed services is regarded as a subjective circumstance.

Illness and Personal Circumstances

Illness, injury or other personal circumstances affecting the Customer or their travel companions do not constitute force majeure and do not give rise to a right to cancel the booking free of charge.

Such cases are handled in accordance with the cancellation terms and any applicable trip cancellation insurance.

Responsibility for Timely Arrival

The Customer is solely responsible for:

• timely planning of their journey,
• taking traffic, weather and other conditions into account,
• arriving at the destination at the agreed time.

The Company is not liable for delays or non-arrival of the Customer resulting from circumstances beyond its control.

Consequences of Non-Compliance with Obligations

Failure by the Customer to comply with the obligations set out in this chapter may affect:

• the right to a refund,
• the validity of any complaint,
• performance of the service in accordance with the provider’s conditions.

Liability and Limitation of Liability

Scope of the Company’s Liability

The Company’s liability is limited to the scope of its role in a given booking (intermediary, administrative, or organiser role), as set out in these Terms.

Within that scope, the Company is liable for damage caused intentionally or through negligence, in accordance with applicable law. This provision does not limit the Company’s liability by reference to the degree of fault, but rather delineates liability according to the part of the service for which the Company is actually responsible (see clause 13.2).

Liability of Service Providers

Service Providers, who actually perform the travel services, are responsible for their performance.

Where the Company acts as an intermediary, it is not liable for:

• the quality, safety or suitability of the services,
• the conduct of the provider’s employees or subcontractors,
• changes to, or cancellation of, services by the provider.

This provision does not affect the Company’s statutory liability in cases where it acts as organiser of a package.

Exclusions of Liability

The Company is not liable for damage resulting from:

• an act or omission of the Customer,
• the conduct of third parties not in a contractual relationship with the Company,
• circumstances beyond the Company’s control,
• force majeure or unavoidable and extraordinary circumstances.

Indirect and Consequential Damage

The Company is not liable for:

• indirect or consequential damage,
• loss of profit,
• loss of revenue,
• loss of business opportunity,
• loss of enjoyment or leisure time,

unless applicable law provides otherwise.

This limitation does not apply to damage arising from the death or personal injury of the Customer caused by the Company’s conduct, nor to any damage the exclusion or limitation of which is not permitted under applicable law.

Limitation of the Amount of Compensation

Where the Company’s liability is established, any compensation is limited to the amount of the contract price of the booking, unless the law provides otherwise.

This limitation does not apply to damage arising from the death or personal injury of the Customer caused by the Company’s conduct, nor to damage caused intentionally or through gross negligence, where the law does not permit such limitations.

Informational Nature of Content

Information, advice or recommendations published on the Platform or provided to the Customer are for information purposes and do not constitute a warranty or guarantee.

Protection of Mandatory Consumer Rights

No provision of these Terms excludes or limits any consumer rights that may not be restricted under applicable law.

Complaints and Dispute Resolution

Obligation to Report Immediately, On Site

If, during the performance of a travel service, the Customer identifies any deficiencies, non-conformities or irregularities, they must, without undue delay, notify:

• the Service Provider on site (e.g. at reception) and/or
• the contact person or contact number shown on the voucher, and/or
• the Company’s support team at cs@mountvacation.com or via the User account/chat on the Platform.

We recommend that, in addition to reporting to the provider, the Customer also notify the Company in parallel at the above email address, as this creates an independent, verifiable record of the time of the report, which is to the Customer’s benefit in any later handling of the complaint.

Where possible, the Customer should obtain written confirmation or a report of the notification from the provider; if this is not possible, at least the first and last name of the person (contact/employee) who received the report should be obtained and retained as evidence.

Photographic or video material is considered evidence of the condition at the time of the report if it was submitted at the same time as the report (to the provider or to the Company’s email address above), or has a verifiable timestamp predating the reported irregularity. Material submitted only afterwards, without any contemporaneous report, may be considered as additional supporting evidence, but carries less evidentiary weight and does not, by itself, prove that the condition existed during the Customer’s stay or that it was not caused by the Customer.

If it was not possible to report the issue on site (e.g. the provider had no staff available), the Customer must notify the Company of this as soon as possible, generally still during the stay, at the email address above.

The purpose of an immediate complaint is to allow any irregularities to be remedied while the service is still being performed.

If the Customer fails to report an irregularity in a timely manner on site or to the Company, this may affect the merits and scope of any subsequent claims. The burden of proving that an irregularity was reported in a timely manner, and that the evidence dates from the period of the stay, rests with the Customer.

Time Limit and Method for Filing a Written Complaint

The Customer must file a written complaint no later than thirty (30) days after the completion of the travel service, or from the date on which the service should have been performed.

The complaint must be submitted in writing and must include:

• the booking details,
• a description of the alleged irregularities,
• supporting evidence, where available.

Complaints filed after the above deadline may be handled by the Company with greater difficulty, or may be rejected, in particular where the passage of time makes it impossible to verify the actual facts or to pursue claims against the Service Provider.

This provision does not affect the mandatory rights of consumers, which may not be restricted or excluded under applicable law.

Evidence

The Customer must attach appropriate and verifiable evidence to the complaint, in particular:

• photographs or videos,
• written confirmations or reports from the Service Provider,
• correspondence created on site,
• other relevant documentation.

If appropriate evidence is not attached to the complaint, the complaint may be rejected as unfounded.

Complaint Handling Procedure

The Company will handle the complaint within 8 days, during which it will:

• review the Customer’s submissions,
• where necessary, obtain clarification from the Service Provider,
• assess the facts and the legal basis of the claim.

The Company aims to resolve complaints amicably, proportionately, and in accordance with good business practice.

Criteria for Assessing the Merits of a Complaint

When assessing the merits of a complaint and any potential compensation, the Company considers in particular:

• the nature, scope and duration of the alleged irregularities,
• the degree of deviation from the agreed service,
• the impact of the irregularity on the performance of the trip or stay,
• the Customer’s conduct on site,
• applicable law and case law.

As guidance when assessing the amount of any potential compensation, the Company may also refer to the established practice of the Frankfurt Table, although this practice is not binding and does not replace statutory provisions.

Weather Conditions

Weather conditions, including but not limited to:

• rain,
• snow,
• cold,
• heat,
• wind or other weather phenomena,

do not, in themselves, constitute grounds for a complaint, provided the agreed travel services were performed in accordance with the contract and the conditions of the offer.

Customer dissatisfaction due to weather conditions that do not affect the performance or availability of the agreed services is regarded as a subjective circumstance that does not constitute a valid ground for complaint. Where weather conditions objectively prevent the performance of a specific agreed service, such a case is assessed in accordance with the other provisions of these Terms and applicable law.

Exclusion of Unfounded Complaints

The following, in particular, are not considered valid complaints:

• subjective dissatisfaction without an objective irregularity,
• circumstances over which the Company or the Service Provider had no control,
• minor discrepancies that do not materially affect performance of the service,
• deficiencies that the Customer failed to raise in a timely manner on site.

Attempt at Amicable Dispute Resolution

The Company’s decision on a complaint represents an attempt at amicable dispute resolution.

This provision does not affect the Customer’s right to judicial protection or to use other legally available means of dispute resolution.

Abuse of the Complaints Procedure

This clause applies exclusively to proven abuse of the complaints procedure and does not restrict the Customer’s right to file and have a valid complaint handled.

If, in the course of handling a complaint, the Company establishes that the Customer has submitted forged or intentionally misleading evidence, has stated untrue circumstances, or has otherwise abused the complaints procedure with the aim of obtaining an unwarranted benefit, the Company reserves the right to:

• reject the complaint as unfounded,
• exclude the Customer from participation in the Loyalty Program or other promotional benefits, in accordance with the terms of those programmes,
• where the circumstances warrant it, report the matter to the competent authorities.

This provision does not apply to cases where the Customer, in good faith, provides incomplete or subsequently proven incorrect information, nor does it affect the Customer’s right to file a complaint or pursue claims before the competent authorities.

Insurance

Recommendation to Take Out Travel Insurance

The Company recommends that Customers take out appropriate travel insurance before the start of their trip, which may include in particular:

• health insurance for travel abroad,
• insurance covering medical treatment and assistance costs,
• liability insurance,
• luggage insurance,
• other cover, depending on the nature of the trip.

Taking out travel insurance is the Customer’s responsibility and is not a condition for concluding the contract, unless expressly stated otherwise for a specific offer.

Trip Cancellation Insurance

The Company specifically recommends that Customers take out trip cancellation insurance, which may cover cancellation costs in cases such as:

• illness or injury of the Customer or their immediate family members,
• unforeseen personal or family circumstances,
• other reasons set out in the insurer’s terms.

Illness, injury or other personal circumstances of the Customer do not, in themselves, constitute grounds for free cancellation of a booking; rather, cancellation is handled in accordance with the cancellation terms set out in chapter 10 of these Terms.

Relationship with the Insurer

The Company may enable the Customer to take out insurance through a partner insurer, or may provide information about insurance products; however:

• the Company is not an insurer,
• does not guarantee the scope, content or validity of the insurance cover,
• is not liable for the insurer’s decisions or payouts,
• does not assess the merits or validity of insurance claims.

The insurance relationship arises exclusively between the Customer and the insurer, in accordance with the terms of the chosen insurer.

Limitation of Liability Where No Insurance Is Taken Out

If the Customer does not take out appropriate travel insurance or cancellation insurance, they bear the consequences and costs that such insurance would otherwise have covered.

In such a case, the Company is not liable for:

• the costs of cancelling or changing a booking,
• the costs of unused services,
• additional costs arising from illness, injury or other personal circumstances,
• the consequences of events not caused by the Company’s conduct.

Obligation to Review the Insurance Terms

Before taking out insurance, the Customer must independently review the scope, limitations, exclusions and validity of the insurance cover and must comply with the insurer’s terms.

Any disputes or disagreements relating to the insurance are resolved directly between the Customer and the insurer.

Mandatory Insurance Under Local Regulations

Certain destinations, or the performance of certain activities, may be subject to specific statutory or local regulations requiring mandatory insurance.

The Customer must independently check and comply with such requirements, in particular for sports and recreational activities.

For example, in certain countries (e.g. Italy), third-party liability insurance is legally required for skiing and may be a condition for using ski slopes or ski passes.

The Company is not liable for any consequences, fines, sanctions or restrictions arising from the Customer’s failure to comply with local statutory obligations.

Use of the Website

Purpose of Use

The Platform is intended for:

• searching for and comparing travel offers,
• providing information about services,
• submitting enquiries and bookings,
• use by contractual partners (including affiliate partners and travel agencies),
• lawful automated use within agreed or lawful purposes.

Use of the Platform must comply with these Terms, applicable law, and the purpose of the Platform.

Permitted Automated Use

Automated use of the Platform, including the use of application programming interfaces (APIs), search tools, aggregators, or artificial intelligence systems (including large language models – LLMs), is permitted:

• where based on a contractual relationship,
• where expressly permitted,
• or where carried out in accordance with applicable law and generally accepted technical standards.

Such use must not:

• disrupt the operation of the system,
• compromise the security or availability of the Platform,
• interfere with the data or rights of third parties.

Prohibition of Misuse

The User must not:

• use the Platform contrary to its intended purpose,
• deliberately cause system overload,
• interfere with security mechanisms,
• attempt to gain unauthorised access to systems or data,
• carry out activities that constitute misuse of the Platform or its functionality.

The Company reserves the right to take appropriate technical or legal measures to protect the system and its business upon detecting misuse.

False and Speculative Bookings

Submitting:

• false bookings,
• bookings without a genuine intention to conclude a contract,
• bookings intended to block availability,

constitutes misuse of the Platform.

In such cases, the Company reserves the right to:

• refuse or cancel the booking,
• restrict or disable further use of the Platform,
• pursue legal remedies in accordance with applicable law.

Relationship to Other Provisions

The provisions of this chapter apply together with the other provisions of these Terms. Breaches of the provisions of this chapter may affect use of the Platform and the validity of bookings under these Terms.

Intellectual Property

Website Content

All content published on the Platform, including but not limited to:

• text,
• descriptions of accommodation and services,
• the structure and layout of the content,
• databases,
• graphic elements,
• photographs,
• software code and functionality,

is protected by copyright and other intellectual property rights under applicable law.

The holder of the intellectual property rights is the Company, or its contractual partners or content providers, where specifically indicated.

Trademarks

The names MountVacation and MV-Travel, logos, visual identities, and other marks used on the Platform are protected as trademarks or other forms of intellectual property.

Use of the trademarks without the prior written consent of the rights holder is not permitted, except where such use is permitted under:

• a contractual relationship,
• a licence,
• or applicable law.

Permitted Use of Content

Use of the Platform’s content is permitted:

• for personal and non-commercial use,
• within the scope of use of the Platform in accordance with these Terms,
• on the basis of a contractual relationship (e.g. affiliate partners, travel agencies),
• under licence or with the express consent of the Company,
• to the extent permitted by applicable law.

Automated Use and Processing of Content

Automated use, processing or analysis of the Platform’s content (including through search engines, aggregators, APIs, or artificial intelligence systems, including large language models – LLMs) is permitted:

• where based on a contractual relationship,
• where expressly permitted,
• or where carried out in accordance with applicable law.

Such use must not infringe the legitimate interests of the Company or its partners, nor impose a disproportionate burden on the system.

Restrictions on Use

Without the prior written consent of the Company, it is not permitted to:

• reproduce, distribute or publicly communicate the content for commercial purposes,
• modify or create derivative works from the content,
• use the content in a manner that could cause confusion as to its origin or ownership.

This restriction does not affect the lawful rights of Users arising from applicable law or concluded contracts.

Relationship to Other Provisions

The provisions of this chapter apply together with the provisions on use of the website (chapter 16) and the other provisions of these Terms.

Protection of Personal Data

Processing of Personal Data

The Company processes Users’ personal data in accordance with applicable data protection law, in particular Regulation (EU) 2016/679 (GDPR) and national legislation.

Privacy Policy

Detailed information about the types of personal data processed, the purposes of processing, the legal bases, retention periods, data subject rights, and the controller’s contact details is available in the Privacy Policy, published on the website, which forms an integral part of these Terms.

Marketing and Communication

Processing of personal data for the purposes of direct marketing, notifications, personalised communication, or loyalty programmes is carried out exclusively on the basis of the User’s express consent, where such consent is required under applicable law.

The User may withdraw their consent at any time, in accordance with the provisions of the Privacy Policy.

Cookies and Tracking Technologies

Use of Cookies

The Platform uses cookies and similar tracking technologies to ensure the website functions properly, to improve the user experience, to analyse usage, and to perform other functions in accordance with applicable law.

Cookie Policy

Detailed information about the types of cookies, their purpose, duration and how to manage settings is available in the Cookie Policy, published on the website.

The Cookie Policy forms an integral part of these Terms.

Consent and Management of Settings

Use of cookies that require consent under applicable law is carried out exclusively on the basis of the User’s prior consent, which the User may change or withdraw at any time in accordance with the provisions of the Cookie Policy.

Refusing or restricting the use of cookies may affect the functioning of certain features of the website.

Third-Party Technologies

The Platform may use services and technologies provided by third parties (e.g. analytics tools, advertising technologies), whereby data processing is carried out in accordance with the terms of these third parties and applicable law.

Details of such technologies are set out in the Cookie Policy.

Amendments to the Terms and Conditions

The Company reserves the right to amend or supplement these Terms and Conditions.

The amended Terms take effect on the date of publication on the website, unless expressly stated otherwise at the time of publication.

The Terms in effect at the time a booking is submitted apply to that booking. Subsequent amendments to the Terms do not affect contractual relationships already concluded.

Transfer of Rights and Obligations

Without the prior written consent of the Company, the User may not transfer their rights or obligations arising from these Terms or from an individual booking to a third party.

The Company may transfer its rights and obligations only to its legal successor, or to another legal entity within the same corporate group, or in the context of a business transfer, corporate restructuring or reorganisation, provided that the transferee assumes all of the Company’s obligations under these Terms to the same extent. The Company will notify the Customer of any such transfer.

If a transfer would result in a material deterioration of the Customer’s position (e.g. a reduction in the level of insurance cover, availability of support, or performance of an already confirmed booking), the Customer has the right, with respect to a booking not yet performed, to withdraw free of charge from the contract within thirty (30) days of receiving notice of the transfer.

Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.

An invalid provision shall be replaced by a valid provision that, in content and purpose, comes closest to the original economic and legal effect of the invalid provision.

Entire Agreement (Integration Clause)

These Terms and Conditions, together with:

• the booking confirmation,
• the specific conditions of the individual offer,
• the Privacy Policy,
• the Cookie Policy,

constitute the entire agreement between the Customer and the Company regarding use of the Platform and bookings made.

Any prior oral or written agreements, notices or statements that are not expressly incorporated into the above documents have no legal effect.

Governing Law, Jurisdiction and Dispute Resolution

Governing Law

These Terms and Conditions, and all contractual and non-contractual relationships between the Customer and the Company, are governed by the law of the Republic of Slovenia, without regard to its conflict-of-laws rules.

Jurisdiction

The competent court of the Republic of Slovenia with subject-matter jurisdiction shall have jurisdiction to resolve any disputes arising out of, or in connection with, these Terms, unless applicable law provides otherwise.

This provision does not affect the mandatory rights of consumers to which they are entitled under applicable law.

Out-of-Court Resolution of Consumer Disputes (ADR/ODR)

In accordance with the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), the Company does not recognise any provider of out-of-court resolution of consumer disputes (ADR) as competent to resolve disputes with consumers.

Notwithstanding the above, in accordance with Regulation (EU) No 524/2013, the consumer has the option of filing a complaint via the Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr

This option does not affect the Customer’s right to bring the dispute before the competent court.