General Term and Conditions
General Term and Conditions for Tours Organised by the Travel Agency Viatory s.r.o.
(hereinafter referred to as the General Terms and Conditions)
1. Introductory Provisions
1.1 The present General Terms and Conditions regarding participation in tours organised by Viatory s.r.o. (hereinafter referred to as the General Terms and Conditions) shall apply to all stays, tours and tourism services organised by Viatory s.r.o.
1.2 These General Terms and Conditions are in accordance with Act No. 281/2001. Coll., and form an integral part of the Tour Procurement Contract (hereinafter referred to as the Tour Contract) made between Viatory s.r.o. and the Client.
2. Tour Prices and Their Alterations
2.1 The prices listed in the Travel Agency’s catalogue are only indicative. The binding and agreed price is set out in the Tour Procurement Contract.
2.2 The prices of all tours organised by the Travel Agency are listed in euros. Prices are calculated based on the exchange rate between the euro and foreign currencies according to the official European Central Bank exchange rate list valid at the beginning of the respective calendar year, and based on service fees and charges known on that date.
2.3 The Travel Agency may unilaterally increase the tour price, provided that:
a) transport and fuel costs rise;
b) not later than 21 days prior to the beginning of the tour, the exchange rate of the foreign currencies used to determine the tour price alters by more than 5% on average.
2.4 If the alterations pursuant to paragraph 2.3 occur not later than 21 days prior to the beginning of the tour, the Travel Agency shall alter the price set out in the Tour Contract as follows:
a) increase the price by an amount equivalent to the percentage of the exchange rate alteration pursuant to paragraph 2.3, letter b);
b) increase the price by an amount equivalent to the increase in the charges or costs pursuant to paragraph 2.3, letter a), compared to the service fees and charges included in the tour price.
2.5 Unless a written tour price increase notification is sent at least 21 days prior to the beginning of the tour, the Travel Agency shall not be entitled to claim payment of the difference in the tour price.
3. Conclusion of the Contract
3.1 The Client, who may be a natural person or a legal entity, is liable for the completeness, accuracy and veracity of the data he/she has provided for the purpose of concluding the Contract.
3.2 Upon the conclusion of a Tour Contract, i.e. once a Tour Contract is signed by the Client and confirmed by the Travel Agency, a contractual relationship is established between the Travel Agency and the Client. Unless the Client has attained the legal age of majority, the Contract shall be signed on his/her behalf by his/her legal guardian.
3.3 The Contract can also be made electronically, in which case it shall be deemed to have been concluded effectively, provided that the Client has sent a registration form by fax or e-mail and such registration form has been demonstrably confirmed by the Travel Agency and delivered to the Client, and a deposit or the full tour price has been paid.
3.4 The content of the Tour Contract shall be determined according to the catalogue – the binding program published on the website www.viatory.fr, orders confirmed by the Client, these General Terms and Conditions or, if applicable, such special terms and conditions as attached to the Tour Contract.
4. Payment Terms
4.1 The Client must pay the service fees prior to the provision of such services. The Client may claim the provision of services only if he/she has paid the full price of the services ordered.
4.2 The Travel Agency may require payment of deposits upon the signing of the Tour Contract.
Deposit amounts and payment deadlines have been determined as follows:
a) the Client shall pay 100% of the price of the services ordered not later than 10 days prior to the beginning of the tour;
b) the Client shall, upon the establishment of a contractual relationship, pay a deposit of at least EUR 50, or a deposit of at least EUR 200 per person in the case of an air tour;
c) if a contractual relationship is established later than 50 days prior to the beginning of the tour, the Client shall forthwith pay 100% of the price of the services ordered;
d) if the Client purchases at a discounted first-minute price, he/she is entitled to a discount, provided that he/she pays at least 50% of the entire discounted price plus the balance not later than 50 days prior to the beginning of the tour.
4.3 If the Client fails to pay the entire price of the services ordered by the set deadline, the Travel Agency may withdraw from the concluded Tour Contract, and require the Client to pay a contractual penalty as stipulated in Article 6 hereof.
5. Travel Insurance for Tour Clients
5.1 All tours organised by Viatory s.r.o. include a supplementary service providing commercial insurance for the Client. Foreign clients (i.e. those having permanent residence outside the Slovak Republic) are advised to have their own commercial insurance; for example, in the case of repatriation.
5.2 Comprehensive travel insurance also includes insurance in the event of the Client incurring costs related to his/her withdrawal from the Tour Contract due to accident or illness.
5.3 In the event of an insured event, the insured is in a direct relationship with the insurance company. The Travel Agency does not assess the existence or amount of the claims asserted based on the relationship between the insured and the insurance company.
6. Withdrawal from the Tour Contract
6.1 The Client may withdraw from the Tour Contract at any time prior to starting to use the services
a) unless a new tour contract is concluded pursuant to Article 7.4 hereof;
b) if the Travel Agency breaches its obligations under the Tour Contract.
A contract withdrawal notice shall be given by the Client in writing or delivered in person or sent to the Travel Agency by registered mail. When a contract withdrawal notice is delivered in person, withdrawal from the contract shall become effective as of the date of delivery of such notice. When a contract withdrawal notice is sent to the Travel Agency by registered mail, withdrawal from the contract shall become effective as of the date of receipt of the written notice of withdrawal.
c) without stating the reason.
6.2 Unless the Client withdraws from the contract because of the Travel Agency breaching its obligations under the contract, or if the Travel Agency withdraws from the contract prior to the beginning of the tour because of the Client breaching his obligations, the Client shall be obliged to pay a contractual penalty to the Travel Agency.
The amount of the contractual penalty shall be set according to the number of days before the services are to be used or the tour is to start as follows:
100% of the pre-determined price + insurance – 7 or fewer days
90% of the pre-determined price + insurance – 8 to 14 days
75% of the pre-determined price + insurance – 15 to 29 days
50% of the pre-determined price + insurance – 30 to 50 days
EUR 20 for each tour participant + insurance (if the Client has so requested) – 51 or more days
6.3 If the Client fails to use the tourism service or to present him/herself at the departure for the stay or tour without prior withdrawal from the Tour Contract, or fails to meet the obligations set forth in Article 10.2d) of these General Terms and Conditions, he/she must pay 100% of the pre-determined price.
6.4 When determining the number of days for the purpose of calculating the contractual penalty, the effective date of withdrawal from the Tour Contract shall be decisive. This date shall also be included in the determined number of days. The date of departure for the tour shall not be included in the number of days.
6.5 The Travel Agency may deduct a contractual penalty from the paid deposit or the paid price of the services ordered. The Travel Agency shall forthwith refund the Client the balance of the tour price paid under the cancelled contract.
6.6 The pre-determined price means the selling price plus any mandatory surcharges and the facultative services purchased by the Client. It does not include statutory or contractually agreed reimbursements payable to foreign and domestic service providers (for example, the price for comprehensive travel insurance which shall be fully added to the contractual penalty) or special discounts granted by the Travel Agency.
6.7 In the event that the Client withdraws from the contract because of the Travel Agency breaching its obligations or if no new contract is concluded, the Travel Agency shall forthwith refund the Client the full amount which the latter has received as the tour price under the cancelled contract. In that event, the Client is not obliged to pay any contractual penalty to the Travel Agency.
6.8 The Travel Agency is entitled to withdraw from the Contract prior to the beginning of the tour only if the tour is cancelled or if the Client breaches his/her obligations under the Contract. In that event, the Travel Agency shall send a written contract withdrawal notice to the Client’s address stated in the Tour Contract, such notice shall include the reasons for withdrawal. Withdrawal from the Contract shall become effective upon the receipt of the contract withdrawal notice.
7. Changes in the Services Agreed in the Contract and Tour Cancellation
7.1 The Travel Agency may cancel the tour unless the minimum number of tour participants is reached 21 days prior to the beginning of the tour. It may do so also in other cases when it is economically unprofitable for the Travel Agency to organise the tour because the costs to be expended on the organisation of the tour are considerably higher than the planned costs.
7.2 Unless listed on the website or in the catalogue, the minimum number of bus tour participants shall be 10 persons.
7.3 In the event that the Travel Agency is forced to change the terms of the Tour Contract, it may propose Contract changes to the Client. If the proposed Contract changes also lead to the alteration of the tour price, it is necessary that such new price be included in the proposal.
The Client may decide to either agree to such changes or withdraw from the Contract without paying a contractual penalty. The Client shall inform the Travel Agency of his/her decision in writing within a deadline set out in the Travel Agency’s proposal of changes to the Tour Contract.
7.4 If the Client does not agree to the proposed changes to the Tour Contract pursuant to paragraph 7.3, or if the Travel Agency withdraws from the Contract due to the cancellation of the tour prior to its beginning, the Client may demand that the Travel Agency provides him/her, under a new contract, with another tour whose standard corresponds to the services agreed in the original contract, provided the Travel Agency can offer such a tour. Once a new contract is concluded, payments made under the original contract shall be deemed payments under the new contract. If the price of the new tour is lower than the payments already made, the Travel Agency must refund the difference to the Client immediately.
7.5 If possible, the Travel Agency will change the terms (e.g. name, date) agreed upon in the Tour Contract, based on the individual request of the Client. In order to make such changes, it is necessary to pay a fee equal to the amount of direct costs incurred to change the participant and the conditions.
If the Client requests such a change within a period of shorter than 45 days prior to the beginning of the tour, the change will be considered the Client’s withdrawal from the Tour Contract. In that event, the Client shall be obliged to pay the Travel Agency a contractual penalty pursuant to Article 6 of these General Terms and Conditions.
7.6 If the Travel Agency cancels the tour, it must notify the Client in writing accordingly within 20 days prior to the beginning of the tour.
7.7 One-day season tours and one-day “last-minute” tours fall under a special regime that depends on the nature of the particular tour, the natural and weather conditions, as well as on whether or not the required number of participants is reached and whether or not the cultural program will take place, and on the nature of the particular tour. This regime is based on the mutual consent of the Client and the Travel Agency, in which case they most often determine a substitute tour date.
7.8 If the Travel Agency, despite being contractually bound to do so, fails to provide the services or their main part to the Client in a due and timely manner, or if the Travel Agency finds that it will not be able to provide such services, it shall forthwith take appropriate measures to ensure that the tour can continue.
7.9 In the event that it is possible to ensure the continuation of the tour only with services of lower quality than those specified in the Contract, the Travel Agency must refund the Client the difference in the prices of the services offered and the services provided.
7.10 Upon the occurrence of events that cannot be avoided even if all efforts are made, or upon the occurrence of unforeseeable and unusual circumstances, the Travel Agency is entitled to cancel the tour.
8. Liability for Damage
8.1 If circumstances arise whose consequences, course and occurrence are independent of the conduct and actions of the Travel Agency, or if circumstances arise causing the Client to be wholly or partly unable to use the ordered and paid services which are provided by the Travel Agency, the Client shall not be entitled to compensation for or a reduction in the price of such services.
8.2 Given circumstances that cannot be predicted, such as waiting at border crossings, special temporary restrictions in countries to be visited, traffic problems, the route or time schedule of the tour may be modified. In that event, the Client shall not be entitled to claim compensation for the unused services or the lost time or to withdraw from the Contract.
8.3 If the Client uses his/her own means of transport, he/she shall be liable for meeting the arrival and departure dates specified by the Travel Agency in the tour instructions.
8.4 The Travel Agency is not liable for any potential changes to the program caused by natural disasters or force majeure.
8.5 The Travel Agency is not liable for changes in the provision of services made by the supplier at short notice, when it is not possible for the Travel Agency to inform the Client in advance accordingly.
8.6 The Travel Agency is not liable for any third-party services or events which are beyond the scope of the tour services and ordered by the Client directly on the spot, at the hotel, etc.
8.7 Losses and property damage caused to the Client which are covered by the insurer based on a travel insurance policy, or losses and property damage that are expressly excluded from the scope of insurance cover, shall not be considered as the subject of a complaint.
8.8 The Travel Agency is not liable for damage which has not been caused by the Travel Agency itself or by its suppliers, but has been caused by the Client or a third party not related to the provision of the tour or caused by an event which could not have been avoided despite having made all efforts, or if the damage has been caused by unusual and unforeseeable circumstances.
8.9 The Travel Agency is not liable for any damage caused by the Client in accommodation or catering facilities of any type (e.g. damage caused to a hotel room, hotel inventory, etc.).
9.1 If the Travel Agency fails to provide all the tour services in the full scope and quality as agreed in the Tour Contract, the Client may lodge a complaint. The right to demand the removal of a service defect shall be claimed by the Client immediately with the service provider or an authorised representative of the Travel Agency.
9.2 If the representative of the Travel Agency or the service provider fails to remedy the situation on the spot, a complaint protocol shall be executed that is a condition for the recognition of the complaint. The protocol must be signed by the Client and a representative of the Travel Agency, such representative usually being a tour guide, and must be executed in two counterparts: one for the representative of the Travel Agency and one for the Client.
9.3 A copy of the complaint protocol, including the complaint, shall be sent by the Client via registered mail to the Travel Agency.
9.4 The Travel Agency is obliged to respond in writing to all complaints lodged in accordance with the said provisions, within 30 days of receipt of the complaint.
9.5 If the Client fails to assert its claims within the set time limit, his/her right to lodge a complaint shall end.
10. Rights and Obligations of the Parties
10.1 Client’s rights
The Client is entitled:
a) to withdraw from the Tour Contract at any time prior to starting to use the services pursuant to Article 6 hereof;
b) to be duly provided with the paid and contractually agreed services and to require the Travel Agency to furnish him/her with information relating to such services;
c) to lodge a complaint that shall be handled in accordance with Article 6 hereof;
d) to notify the Travel Agency in writing that not he/she, but the person mentioned in this notification will participate in the tour. From the date of receipt of such notification, the person mentioned in the notification shall become the client, wherein the new client must declare that he/she agrees to the concluded contract. The original client and the new client shall be jointly and severally liable for payment of the tour price and the costs incurred by the Travel Agency due to the change of the Client.
10.1 Client’s obligations
The Client is obliged:
a) to provide the Travel Agency with all the essentials that are necessary for the proper provision of services;
b) to state in the contract only true and complete data, including any changes to such data, and to submit such additional documents as required by the Travel Agency;
c) to pay the tour price in accordance with Article 4 hereof;
d) to obtain and carry a valid passport and, if required, also a valid visa, with him/her during the tour, as well as to adhere to the passport and customs regulations of the countries to which he/she is travelling. Persons whose health condition requires adult supervision may only travel accompanied by an adult. If children under the age of 15 participate in the tour, they must have their own valid passport. If children under the age of 15 do not travel with their parents, they may only travel accompanied by adults with the written consent of their legal guardian. When travelling to a country where a visa is required, the Client shall submit his/her passport within the deadline set by the Travel Agency. If the Client fails to comply with these rules, he/she shall bear all the costs him/herself;
e) to notify the Travel Agency of his/her approach to any possible changes in the terms and content of the agreed services without undue delay, but not later than the deadline set by the Travel Agency;
f) to receive from the Travel Agency the documents necessary for the use of the services;
g) to notify the participation of foreign nationals;
h) to adhere to the designated program and to follow the instructions of the tour guide. To act in such a manner as to prevent any property damage or bodily harm to the detriment of the Travel Agency, the service providers, or the other tour participants;
i) to take into account the proper and timely enforcement of any claims against service providers under Articles 8 and 9 of these General Terms and Conditions;
j) to present him/herself to the designated place of arrival/departure at the designated time;
k) if the Client is a legal entity – to appoint an authorised representative with whom the Travel Agency will communicate and who will familiarise its tour participants with these General Terms and Conditions and the information received from the Travel Agency;
l) to notify the Travel Agency of any health problems, allergies, intolerances, etc. that might affect his/her stay or endanger the health of the Client. The Travel Agency does not assume any liability for possible health problems that were not properly notified in writing or by e-mail by the Client and which, therefore, the Travel Agency could not have prevented.
10.3 Travel Agency’s rights
The Travel Agency has the following rights:
a) not to provide the Client with services beyond the scope of the services paid and confirmed in advance;
b) the Client’s obligations set forth in Article 10.2 hereof are, at the same time, the rights of the Travel Agency.
10.3 Travel Agency’s obligations
The Travel Agency is obliged:
a) to insure the tour against its short-term insolvency or bankruptcy;
b) to provide, before the conclusion of the contract, all information which is known to it and which might affect the Client’s decision to purchase the tour;
c) to provide the Client in writing with further detailed information on all matters that are important to the Client and which are known to the Travel Agency not later than seven days before the beginning of the tour. This includes information that is not yet contained in the contract, the catalogue or the price list submitted to the Client, as well as all necessary documents the Client needs to be provided with the services paid. If the contract is concluded later than seven days before the beginning of the tour, the Travel Agency must fulfil this obligation immediately upon the conclusion of the contract.
d) the Travel Agency is not obliged to provide the Client with services beyond the scope of services confirmed in writing and paid.
e) the Travel Agency is obliged to submit to the Client all documents related to its insolvency insurance as well as the Client’s comprehensive insurance (only if such insurance is taken out through the Travel Agency).
11. Personal Data Protection
11.1 The Client, as well as all the persons travelling together with him/her, agree that their personal data will be processed in the Travel Agency’s information systems in accordance with the applicable legislation on personal data protection.
11.2 The Client confirms that he/she consents to the processing of personal data, including the birth registration number, in accordance with Act No. 122/2013 Coll., 84/2014 Coll., as amended, for the purpose of rendering the services provided and mediated by the Travel Agency in order to arrange for a stay within the tour.
11.3 The Client also consents to the cross-border transfer of personal data and the processing of data for marketing purposes, as well as to the provision of personal data to third parties for the purpose of performing the assistance services. Personal data may only be accessed by employees of the Travel Agency and persons who are authorised to offer the services provided by the Travel Agency.
12. Final Provisions
12.1 By signing the Registration Form, i.e. the Tour Contract, the Client confirms that he/she has been familiarised with, and understands, accepts and agrees to, the General Terms and Conditions in their entirety. By clicking on the relevant statement in the electronic registration form or the contract, the Client confirms that he/she agrees to the General Terms and Conditions.
12.2 All instructions, as well as the information on prices, travel conditions and services, as contained in the catalogue and the price list, correspond to the information that is known as of 1 August 2017. The Travel Agency reserves the right to change them before a Tour Contract is concluded with the Client.
12.3 These Terms and Conditions apply to all tours organised by the Travel Agency after 1 August 2017, and form an integral part of the Tour Contract, unless the Travel Agency stipulates the pre-agreed scope of mutual rights and obligations in another manner in writing.
12.4 By signing the Contract or the delivered individual written order, the Client confirms that:
a) he/she has received and been fully familiarised with the offer catalogue and, if applicable, also with a special offer list from the Travel Agency, specifying the tour;
b) these General Terms and Conditions are known to him/her and he/she accepts them;
c) he/she understands all the information contained in the General Terms and Conditions and agrees to respect and comply with them;
d) he/she is unaware of any restrictions that would prevent him/her from duly participating in the tour, and is liable for his/her health condition allowing him/her to participate in the tour and for meeting the conditions stipulated for participation in the particular tour.
The Client further confirms that all tour-related information that is known to him/her has also been made known to the other tour participants named in the contract or in the individual written order, and they have authorised him/her in writing to register them for the tour and to accept the contractual terms. The invalidity of any provisions of these General Terms and Conditions shall not affect the remaining content hereof.
12.5 All the information on services and travel conditions as contained in the catalogue corresponds to the information known and available at the time of it being prepared for printing, i.e. on 1 August 2017. The Travel Agency reserves the right to change and/or update such information before a Contract is concluded with the Client.
12.6 The Travel Agency is not liable for the content of advertisement pages published in the catalogue, or other materials which are published by the Travel Agency and have been received from third parties, neither is it liable for the accuracy of information published in third-party leaflets which it has not published and whose content it cannot influence.
12.7 We apologise in advance for any errors that may have occurred during the preparation of the catalogue. Any corrections of printing errors, changes and updates to the catalogue will be published at www.viatory.fr.