general conditions

GENERAL TERMS AND CONDITIONS OF TRADE OF THE WALLACHIAN KINGDOM TRAVEL AGENCY (CK VALAŠSKÉ KRÁLOVSTVÍ s.r.o.)

I. Preliminary provisions

1.1. These General Terms and Conditions of Trade apply to tourism products and package tours sold by WALLACHIAN KINGDOM TRAVEL AGENCY (CK VALAŠSKÉ KRÁLOVSTVÍ s.r.o.), hereafter also CK VK, or by its authorized vendors. These General Terms and Conditions form an integral part of each tourism product – ‘Packages of Experiences’, experience events and package tours.

1.2. CK VK provides tourism services not defined as package tours in accordance with Act no. 459/1999 – ‘Packages of Experiences’ – and package tours which are defined as package tours according to the above-mentioned Act (events for companies and groups exceeding 24 hours duration).

1.3. Participants in package tours may be:
a) natural persons over 18 years of age;
b) persons under 15 years of age only if accompanied by a responsible adult over 18 years of age;
c) participants between 15 and 18 years of age with the consent of their legal guardian, unless this guardian is a participant in the package tour.

1.4. Participation in package tours is arranged with CK VK either by the participant or by his/her legal guardian or by natural persons or legal entities entrusted therewith by the participant. The arranging party must be competent to discharge legal functions.

1.5. The mutual and legal relations between CK VK and package tour participants are governed by the stipulations of the Code of Civil Procedure and by these General Terms and Conditions of Trade.

II. Types of events, services and package tours

CK VK organizes the following types of services:

2.1. Combinations of tourism services of duration not in excess of 24 hours – ‘Packages of Experiences’.

2.2. Custom tours – package tours to order, sets of services ordered by natural persons or legal entities according to their individual requirements.

2.3. Sports and expeditions – involving a pre-planned approximate programme allowing for small-scale changes to be made during the course of the service (mountain climbing and hiking, paragliding, rafting etc.).

2.4. Sale of air tickets, ship/boat tickets, discount cards etc.

2.5. Courses of tuition (schools) e.g. paragliding, mountain climbing, diving, pottery, wood-carving.

2.6. Organization of training sessions, congresses, presentations.

2.7. School training courses.

2.8. Other tourism-related services including sporting activities.

III. Establishment of contractual relations

3.1. A contractual relation between CK VK and a client is generally established by the payment of the purchase price of a ‘Package of Experiences’ or, in the case of package tours, by the conclusion of a full written Contract governing the package tour. The contract is concluded on delivery of the signed contract to CK VK either in person, by post, fax, e-mail or any other electronic means (in accordance with Section 852 and Section 40, Subsections 3 and 4 of the Code of Civil Procedure). By purchasing a package, the client confirms his/her consent with these General Terms and Conditions of Trade. Clients may purchase Packages of Experiences in person at a point of sale of CK VK, in a network of selected information centres, hotels and travel agencies, or on-line at www.balickyzazitku.cz. Upon purchase, clients obtain an experience voucher.

3.2. In the case of a custom tour, the conclusion of a contract with a natural person or legal entity is governed by the specific terms and conditions listed in the contract; the contractual relation is established by means of a written order detailing the precise services required.

3.3. In the case of ordering other services, the conclusion of a contract with a natural person or legal entity is governed by the specific terms and conditions listed in the contract; the contractual relation is established by means of a written order detailing the precise services required.

3.4. A contractual relation may also be established via a sales representative (vendor) acting on the basis of and within the limitations set out by a commercial contract and power of attorney.

3.5. If a participant represents more than one participant and concludes a contract on their behalf, s/he declares that s/he has obtained consent from these participants in order to conclude the contract; s/he provides the personal data of these participants to CK VK and assumes responsibility for their liabilities to CK VK.

3.6. The establishment of a contractual relation (application for a package tour or event) is conditional upon the potential participant’s completion of an application form and his/her consent with these General Terms and Conditions.

IV. Nature of services and means of provision

4.1. The services consist of activities, events, package tours and services related to accommodation, catering, carriage, interpreting, guide services and other services organized by CK VK and provided to participants for a fee. These services are provided by CK VK from its own resources or in its role as a mediator and commissioner of services provided by Czech or foreign service providers.

4.2. The services as set out in these Terms and Conditions do not include activities connected with the sale of documents of carriage and selected package tours ordered from Czech and foreign carriers or other travel agencies.

4.3. As a rule CK VK provides its services and documents of carriage to specified named individual participants in events and package tours. Transfer to another person or persons is only possible with the consent of CK VK.

4.4. The description of a package tour or event in the catalogue includes the date, programme, services provided during the package tour or event, and the price of the package tour or event.

4.5. The programme of a package tour or event only includes the main points of the programme (only important stopping points on a route).

4.6. A package tour or event will only take place if the minimum number of participants is reached. This condition is stated in the catalogue or contract (order). CK VK is required to inform customers of the cancellation of a package tour due to failure to reach the minimum number of participants at least 5 days prior to the scheduled date of provision of the first service.

V. Rights and responsibilities of participants

a) Participants in ‘Packages of Experiences’ must reserve the date and location of the activity via CK VK no later than the date given on the experience voucher, unless agreed otherwise by both parties. If the client does not conclude the reservation by this date, s/he loses his/her entitlement to receive the selected service; no compensation of any kind will be provided;

b) Participants take part in all activities as part of ‘Packages of Experiences’ products purely at their own risk. Clients must themselves judge whether their health and physical condition enable them to take part in the chosen activity safely. Information on restrictions that may affect some of the activities provided (e.g. age, state of health, requirement for a health check-up) is given in the information which forms an integral part of each Package of Experiences. Some of the services provided are dependent on weather conditions. If an activity is cancelled due to inclement weather, clients who reserved the service for that particular date have the right to arrange a replacement date;

c) Participants must cooperate with CK VK to the required extent necessary for the due sourcing and provision of services; in particular, participants must complete the contract or application giving full and true data, and must submit any documents necessary for the provision of the service;

d) Participants must pay to CK VK the full price of the package tour in advance of the tour, on or before the date agreed by both parties;

e) In the case of the receipt of other services ordered and received during a package tour or event, participants must pay for these services after their return from the package tour or event on or before the date agreed between the participant and a representative of CK VK;

f) Participants receive from CK VK written instructions for participants in package tours, information on the location and departure time of the package tour, information on the scope and conditions of insurance, and other information and/or documents necessary for participation in the package tour;

g) Participants must abide by the written instructions received from CK VK detailed in f) immediately above and must abide by the verbal instructions of the guide, instructor or other representative of CK VK if such a person is appointed to the package tour; participants must abide by the scheduled programme. If a participant’s behaviour or actions disrupt the programme of a package tour or event, or if a participant by his/her behaviour or actions contravenes the law of the Czech Republic or the country visited, the participant may be excluded from participation in the package tour, and will lose all rights to compensation for services thus not received. In such cases the participant must reimburse all costs caused by his/her exclusion from participation in the package tour. This does not affect the right of CK VK to receive compensation for any losses incurred;

h) Participants must possess and carry with them a valid travel document during the package tour;

i) Participants must comply with vaccination and any other requirements for travel to countries where such requirements are legally stipulated;

j) In the case of cancellation of participation in a package tour or event, participants must give notice of cancellation in writing;

k) The rights of participants to lodge claims concerning services, the claims procedure and the procedure for dealing with claims are governed by the relevant legislation. Participants will ensure a greater chance of success in the claims process by giving notification of inadequacies in the provided services as soon as these inadequacies are discovered and at the location at which the service is provided;

l) When planning transport connections, periods of leave, business meetings etc., participants must take into account the possibility of significant delays (see 6.5). CK VK bears no liability for damages incurred by the participant as a result of any delays;

m) Participants must comply with all instructions given in order to guarantee the successful provision of the service (safety, security etc.); in particular, participants must use all safety equipment provided (in all activities e.g. water sports, rafting, mountain climbing, horse riding);

n) Participants must refrain from consuming alcoholic beverages and other intoxicating substances during the programme, unless such consumption forms a part of the programme (liqueur tasting, wine tasting, beer tasting etc.).

5.1. The duties of legal entities or natural persons who are the ordering parties of a package tour or event according to 1.4 of these Terms and Conditions are as follows:

a) To acquaint participants in the ordered package tour (event) with these Terms and Conditions and with all information and instructions received by the ordering party from CK VK;

b) To ensure that all participants in the package tour (event) ordered form CK VK fulfil the basic responsibilities which require personal cooperation and which can only be discharged by each individual participant in the package tour (event);

c) To appoint an authorized representative. The authorized representative participates in the entire package tour (event); in cooperation with and via the representative of CK VK (if such a representative is included in the package tour or event) the authorized representative of the ordering party ensures that the rights of his/her organization are exercised on schedule and to the correct extent. The authorized representative also ensures that his/her organization fulfils its duties and that the duties of the participants in the ordered package tour are discharged;

d) To appoint a package tour (event) leader, in cases when the package tour (event) is not accompanied by a CK VK guide according to prior agreement with CK VK. The leader participates in the entire package tour (event), organizes the provision of service by Czech and foreign service providers, ensures maintenance of the scheduled programme of the package tour (event), and in the absence of any other provision, carries out the duties of a tour guide for the participants and for CK VK;

e) To pay, in full and by the due date, the agreed price; in the case of custom tours, additionally to pay for services provided on the basis of a written request from the authorized representative, legal entity or natural person that ordered the package tour or services, if these services were not the subject of mutual agreement;

f) To state truly that s/he is not aware of any restrictions that may endanger his/her health or safety during the package tour (event), or to provide immediate notification of such restrictions;

g) To state truly whether s/he is capable of swimming, if s/he wishes to participate in water-related activities (rafting, water sports, diving);

h) To use all safety equipment provided (in all activities e.g. water sports, rafting, mountain climbing, horse riding);

i) To refrain from consuming alcoholic beverages and other intoxicating substances during the programme, unless such consumption forms a part of the programme (liqueur tasting, wine tasting, beer tasting etc.).

VI. Rights and responsibilities of CK VK

6.1. In the case of ‘Packages of Experiences’, the service will always be provided to the holder of the experience voucher. CK VK may refuse to provide this service if the client is not in a suitable state to receive the service (poor health, physical condition, inadequate equipment, etc.) or in cases of force majeure (inclement weather, other dangers, etc.).

6.2. Participation in a package tour (event) does not entitle the participant to receive any other services apart from those which explicitly form part of the set programme of services paid for. Any additional services above and beyond the pre-set services, including services connected with the sudden illness of a participant in the package tour (event) during the course of the package tour (event) (e.g. medical treatment abroad, substitute transport of the participant to another location, etc.), are services that can be provided or paid for by CK VK solely on the basis of an order and on the basis of the subsequent payment for these additionally requested services.

6.3. By signing the contract of participation in the package tour or the application for an event, the participant/ordering party expresses consent with the transfer of rights to reimbursement ensuing from the insurance policy in cases in which CK VK provides payment for medical treatment on behalf of the participant in the Czech Republic or abroad or in cases in which CK VK pays costs connected with the substitute transport of the affected participant back to the Czech Republic or to another specified location.

6.4. If a participant does not receive services as a result of his/her own actions, s/he has no claim to compensation for these non-received services.

6.5. CK VK bears no liability for any delays and draws attention to the possibility of delays due to technical reasons, inclement weather, heavy traffic at border crossings or air routes, and due to force majeure.

6.6. The ordering party consents to the entry of personal data into the database of CK VK and to the use of this personal data for the purposes of CK VK. The ordering party consents to the sending of promotional materials to the listed addresses, including e-mail addresses.

6.7. The ordering party gives consent on behalf of all participants with the production of records (usually photographic or video recordings etc.) of the event or package tour organized by CK VK for commercial, promotional and advertising purposes. This consent additionally includes consent to the public display of these records or edited parts of these records.

VII. Prices of Packages of Experiences, package tours (events) and payment

7.1. The parties to the contract agree on the purchase prices of the Package of Experiences listed in the binding order. The experience voucher will only be sent to the client on payment of the purchase price. The purchase price includes all costs connected with the provision of the service listed in the Package of Experiences of CK VK. Prices are inclusive of VAT.

7.2. Prices of package tours (events) provided by CK VK are pre-set prices. Prices are inclusive of VAT.

7.3. The price includes only those services that are explicitly listed under each package tour. The price always includes the compulsory insurance of CK VK against bankruptcy; the price additionally always includes VAT.

7.4. The participant in the package tour (event) must pay the price of the package tour (event) on or before the date stipulated by CK VK.

7.5. If changes occur and cause a change in the price of the package tour between the date on which the binding application for the package tour was submitted and the date on which the package tour is scheduled to depart, CK VK must inform participants of this fact in writing and without delay. If the original price rises by over 10%, the customer has the right to cancel the concluded contract; this cancellation must be effected in writing. If the customer does not cancel the contract during the period set out in the notification of the price change, the customer must pay the higher price of the package tour. The price of the package tour must not change during the 9 days prior to the scheduled date of departure.

VIII. Changes to agreed services during the course of a package tour

8.1. CK VK reserves the right to carry out last-minute changes to the programme and the provision of services during the course of a package tour if such changes are essential due to compelling reasons (e.g. unsuitable water conditions, rainy weather for mountain climbing, etc.) and if the originally set programme cannot be maintained or originally scheduled services provided despite all efforts made.

8.2. CK VK reserves the right to carry out last-minute changes to the dates of provision of services ordered, in cases when the service cannot be provided on the ordered date due to force majeure.

8.3. In cases when CK VK is not capable of abiding by the original programme or providing a pre-arranged service, CK VK is bound to do the following:

a) To provide a substitute programme and services of a similar or identical extent and quality to the programme and services originally planned, and to ensure that the purpose, focus and intention of the service are maintained to the highest possible degree;

b) To adjust the price of the package tour depending on changes made to the programme and services, but only in cases in which these changes result in a reduction of the price of the package tour, and to refund the difference to the participants;

c) To refund to participants the sum paid for services not provided and for which no substitute service could be provided;

d) If the service cannot be provided for reasons of force majeure, participants do not have the right to a discount according to 8.3 b) and c) of these Terms and Conditions, nor do they have the right to cancellation of the contract;

 

8.4. In the case of sporting package tours (e.g. paragliding, water sports, rafting, mountain climbing, expeditions etc.), CK VK reserves the right to alter the programme and services provided. These alterations do not affect the price of the package tour.

IX. Liability for deficiencies

9.1. If the extent or quality of the services on a package tour is lower than the extent or quality as set out in the programme or commensurate with the price and type of package tour, the participant has the right to claim recompense. The rights of participants to lodge claims concerning services, the claims procedure and the procedure for dealing with claims are governed by the relevant legislation.

9.2. Claims cannot apply to damages and losses incurred by the customer that are covered by the insurance policy concluded between CK VK and the insurer; claims cannot apply to damages and losses incurred by the customer that are explicitly excluded from insurance cover.

9.3. In the case of circumstances whose emergence, course and consequence are not consequent upon the activities and procedures of CK VK, or circumstances on the part of the participant in the package tour (event) due to which the participant, either in full or in part, does not receive the services ordered and paid for despite the fact that CK VK prepared and provided these services according to the programme, the customer does not have the right to claim reimbursement for the price of these services, nor does the customer have the right to claim a discount on the price of the package tour, unless otherwise stated.

X. Cancellation fees

10.1. For each cancellation by a customer of his/her participation in a ‘Package of Experiences’ product and for each person whose participation is arranged and then cancelled, CK VK charges the following cancellation fees:

a) Cancellation by the client of receipt of a ‘Package of Experiences’ product or planned event less than 30 days prior to the planned receipt of the service – 20% of the price of the Package of Experiences;

b) Cancellation by the client of receipt of a ‘Package of Experiences’ product or planned event less than 10 days prior to the planned receipt of the service – 50% of the price of the Package of Experiences;

c) If the client does not present a valid experience voucher, if the client does not present him/herself at the scheduled place and date of the receipt of the service, if the client cancels his/her participation a day prior to the service or on the day of the service, if the client aborts his/her participation of his/her own free will during the course of the service, if the client commits a gross breach of relevant safety regulations, if the client is not in a suitable condition to receive the service (age, obvious health-related restrictions, etc.) – 100% of the price of the Package of Experiences;

d) If the Package of Experiences or planned event is cancelled by the service provider due to inclement weather or technical conditions and in the case of extraordinary events, CK VK offers the client a substitute Package of Experiences or reimburses the purchase price in full to the client;

10.2. For each cancellation by a customer of his/her participation in a package tour and for each person whose participation is arranged and then cancelled, CK VK charges the following cancellation fees:

a) CZK 300 if participation in the package tour (event) or ordered services is cancelled after submission of a binding application and 42 or more days prior to the scheduled date of provision of the first service;

b) 25 % of the price of the ordered services + real costs incurred by CK VK in connection with the provision and cancellation of the services if participation in the package tour (event) is cancelled between 41 and 30 days prior to the scheduled date of provision of the first service;

c) 50 % of the price of the ordered services + real costs incurred by CK VK in connection with the provision and cancellation of the services if participation in the package tour (event) is cancelled between 29 and 16 days prior to the scheduled date of provision of the first service;

d) 65 % of the price of the ordered services + real costs incurred by CK VK in connection with the provision and cancellation of the services if participation in the package tour (event) is cancelled between 15 and 8 days prior to the scheduled date of provision of the first service;

e) 90 % of the price of the ordered services + real costs incurred by CK VK in connection with the provision and cancellation of the services if
• participation in the package tour (event) is cancelled between 7 and 2 days prior to the scheduled date of provision of the first service;
• the participant does not participate in the package tour due to his/her provision of incorrect or incomplete information (e.g. when filling out the application, checking in, etc.)
• the participant is excluded from participation in the package tour due to contravention of passport-related, customs-related and currency-related regulations of the Czech Republic or the visited country, or due to failure to fulfil the basic conditions of CK VK required for participation in the package tour (event) and set out in these Terms and Conditions;

f) 100% of the price of the ordered services + real costs incurred by CK VK in connection with the provision and cancellation of the services if:
• participation in the package tour (event) is cancelled between less than 2 days prior to the scheduled date of provision of the first service or if the participant does not present him/herself at the start of the package tour (event);
• the participant does not participate in the package tour (event) due to his/her own actions.
Other cancellation charges may apply in the case of some package tours and ordered services; customers will be informed of these conditions when purchasing the package tour.

10.3. CK VK charges special cancellation fees in the case of custom tours. If the ordering party cancels participation in the tour for over 10% of participants, the ordering party is bound to pay the following fees:

a) over 30 calendar days prior to the scheduled date of provision of the first service – 20% of the total price of the tour for each cancelled participant;

b) from 29 to 16 days – 30 % of the total price of the tour;

c) from 15 to 11 days – 50 % of the total price of the tour;

d) from 10 to 6 days – 75 % of the total price of the tour;

e) less than 5 days – 90 % of the total price of the tour;

f) on the day of commencement – 100 % of the total price of the tour;
If a participant cannot participate in a package tour or event for reasons of health (proved by a confirmation issued by a doctor), the participant pays a cancellation fee of 30% of the total price.

10.4. CK VK does not charge cancellation fees if the participant cancelling the ordered service provides a substitute participant whose participation within the package tour or event is possible and whose participation prevents CK VK from incurring any damages as a result of the cancellation. In such cases the participant pays a fee of CZK 200 for each change.

XI. Insurance of CK VK

11.1. CK VK is insured against bankruptcy according to the requirements of Act no. 159/1999 as currently amended and valid. Information on bankruptcy insurance will be received by the customer when concluding the contract with CK VK.

XII. Concluding provisions

12.1. These Terms and Conditions are valid from 28 May, 2008.

12.2. By appending their signature to a contract for the provision of a package tour or to an application for an event, customers (the ordering parties of services) confirm that they are acquainted with these Terms and Conditions, they understand these Terms and Conditions, they consent to these Terms and Conditions, and they accept these Terms and Conditions in full.

Frenštát p. R., 28 May, 2008

Tomáš Harabiš – for and on behalf of VALAŠSKÉ KRÁLOVSTVÍ, s. r. o.