GENERAL TERMS OF CONTRACT
DC SERVICE s.r.o.
Maiselova 4, 110 00 Praha 1
B.R. OR MS Prague, div. C, enclosure 112571
Commencement of contractual relation
Contract between the travel agency and a customer is commenced on the basis of the customer-ordered service that was paid.
By ticking off a relevant field, the customer confirms that he/she accepts the General terms of contract and agrees with them.
By confirming the order, the travel agency is obliged to the customer by ensuring services in the confirmed extent.
Terms of payment
A) The travel agency has a 100% right for settlement of price of a service before it is given.
Payment is carried out at all orders of services before the delivery by the date stated in the order confirmation. For special term, offers and „last minute“ orders, special terms of payment are in force, and we require the payment to be carried out immediately, since the number of special-priced rooms is always limited. As soon as the price of ordered services is paid, the travel agency sends a voucher for respective paid services to the customer and the booking is granted.
If it is possible to perform the payment by MASTER/EUROCARD or VISA card, the customer carefully fills in the stipulated fields in the payment form of bank payment terminal by the date stated in the order confirmation at the latest. If the customer has no opportunity to pay by MASTER/EUROCARD or VISA card, he or she contacts the agency which can provide him/her with information about other choices of payment (e.g. AMEX, JCB).
If the customer fails to perform the payment of the trip price within the date, the travel agency is entitled to cancel his/her participation in the trip. The costs related to cancellation of his/her presence (cancellation payments) are paid by the customer.
B) In the event that payment for ordered services will be paid directly to the hotel by arrival, travel agency is acting as an agent and is bound to a contractual relationship directly between the hotel and the client. In this case, travel agency is not responsible for any defects or potential harm arising from this contract.
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The price is understood as a price stated in the customer’s order confirmation. Possible discounts, announced by the travel agency after its confirmation of the customer’s order, do not establish customer’s right for a cut price.
Rights and duties of the customer
The basic rights of the customer include:
a) right for proper provision of confirmed services
b) right for additional information related to ordered and paid services
c) right for cancellation of his/her participation at any time before the commencement of service usage by withdrawal from the contract under the conditions stated in these terms
d) right for data protection, stated in trip application form and other documents, against unauthorised persons
The basic duties of the customer include:
a) cooperation with the travel agency, necessary for proper ensuring and providing of services, especially full and true filling-in of necessary forms
b) provision of a guard for persons younger than 15 years of age, supervision of an adult during the service usage, and insurance of persons whose health state requires so, in a similar way
c) payment of the prices of ordered services before the realization of these
d) without unnecessary delays, communication of his/her point of view regarding possible changes in terms and content of arranged services towards the travel agency
e) takeover of travel documents that are necessary for service usage
f) having all documents required for the entrance into relevant countries at his/her disposal (passport, visa, health instance document, vaccination card, etc. - if required); foreigners are obliged to inquire about the visa duty at the prosecutor’s office of the countries where they travel to, resp. which they are going to travel through, and ensure such necessary visas for themselves
g) obey rules that are valid in the visited country, resp. place and building; in case of breach of legal regulations or grave disturbance of the schedule/progress of the tour, the travel agency is entitled to order the customer out of the tour, in the process of which he/she loses his/her right for other services as well as the right for compensation of unused services
h) refrain from actions that could threat, do harm to or limit other clients in a hotel, omnibus, etc.
i) reimburse possible damage that he/she caused in a means of transport or in an accommodation or other facility where he/she used the services ensured in his/her order
Changes of arranged services and their legal consequences, cancellation of the trip
- Before commencement of the trip and usage of services
a) If there are consequences that obstruct the travel agency from provision of services according to the agreed terms, it is obliged to perform appropriate changes and provide the customer with services of similar quantity and quality level. The travel agency must inform the customer about such changes without unnecessary delay.
b) The customer is entitled to withdraw from the contract and require return of paid price or advance, or transfer of paid price to the payment of price of substitute fulfilment without any cancellation payments:
- at tour cancellation by the travel agency
- at serious change of the schedule, route of cognitive tours, place of accommodation of residential tours, way of transport and price of tour; a serious change is not represented by a change of accommodating facility if the substitute facility is of same or higher category, change of the arrangement of visited places on route, change of arrival/departure route for transport or safety reasons, etc.
2) During usage of services
a) The travel agency is entitled to operatively perform changes of the schedule and of provided services during the tour if there is a serious reason that makes it not possible to comply with the arranged schedule and services. In such case, the travel agency is obliged to:
- ensure substitute schedule and services in the scope and quality that is as similar as possible to the original terms of ordered services
- give the customer back the paid price of non-provided services for which there was no substitute fulfilment provided
In case that the travel agency ensures services of the same or higher quality for substitute fulfilment (e.g. accommodation in a different hotel of the same or higher class), other claims of the customer towards the travel agency are excluded.
The travel agency reserves a right for change of subject or time schedule due to a strike of force majeure, decision of state authorities or abnormal circumstances (unsure safety situation, strike, transport problems, accident or other circumstances that the travel agency could neither influence nor foresee) and in such case, it does not assume the responsibility for consequences arising out of the change of schedule and tour price.
b) The travel agency is not liable for possible delays due to technical problems, inclement weather, or overload of communication, border crossings, strikes or force majeure; the traveller must take the possibility of significant delay into account when planning connection, holiday, business dates etc. The case of delay does not mean a right for discount or other compensation for the customer.
Withdrawal from the contract by the customer, cancellation payment, handling charge
The customer is entitled to withdraw from the travel contract anytime before the commencement of the tour. This withdrawal has to be in written form.
The contractual relation is voided and the participation cancelled by the date when the written withdrawal (cancellation) is confirmed by the travel agency.
If the customer - individual ( F.I.T.) withdraws from the contract, he/she is obliged to pay the following cancellation payments to CK:
- without cancellation payment more than 48 hours before arrival
- in case of cancellation of booking 48 hours before the arrival, the cancellation payment equals 100 % of the price of the first day of stay
- in case of cancellation of booking on the day of arrival, the cancellation payment equals 100 % of the price of ordered services.
- in case that a customer purchases a service with non-recoverable ( non refundable) payment, 100% cancellation fee shall be paid from the moment of payment.
The travel agency reserves the right to set individual cancellation payments in selected days - the customer must be informed about these before payment of the price of the services.
The travel agency reserves the right to set individual cancellation payments for group stays - services for groups of people - the customer must be informed about these before payment of the price of the services.
The full price is understood as a full selling price.
At assessment of number of days for the calculation of cancellation payments, the settled number of days includes also the day on which the tour was cancelled. If the customer does not attend the service or he/she has to be excluded from the service usage, the travel agency has a right to require full price of ordered services.
In case that, during the usage, the customer cancels a part of ordered services by him/herself or he/she does not use up some of the paid goods, he/she does not have a right for non-used services.
In case of cancellation or change of order of services after the issue of service certificate (voucher), the handling charge for every task equals 25 EUR.
In case that a customer purchases a service with non-recoverable ( non refundable) payment, 100% cancellation fee shall be paid from the moment of payment.
Complaint, liability for damages
In case that the extent or quality of provided services is lower than previously agreed, the customer is entitled to lodge a claim. It is recommended to apply his/her claims of the complaint at the travel agency in a written form immediately after the discovery of these, but within 15 days until the date of completion of provided services at the latest. After expiration of this period, the customer can file a claim only if the breach of such period is not of his responsibility, but within 3 months after the day when the services were supposed to be completed at the latest. Otherwise, the right would expire. The complaint can also be made at the travel agency which arranged the conclusion of the travel contract.
At emergence of faults in fulfilment, the customer is obliged to cooperate in the way which would avoid possible damages or make them as small as possible. The customer is mainly obliged to communicate all his/her complaints immediately in the time of usage/ of services to the travel agency, the head of the hotel which provides services, or another authorised person so that the remedy can be performed in time and on the spot. If the customer forgets to point out the fault, he/she is not entitled to get a discount. The customer is obliged to offer cooperation that is necessary for the complaint settlement. Delayed or unproved complaints will not be taken into account.
CK is not responsible for the quality of other services that the customer ordered in a hotel or other organization.
If there are any circumstances whose emergence, progress or consequence does not depend on the activities and progress of the travel agency (vis maior), or circumstances on the side of the customer, based on which the customer does not fully or partly use ordered, paid and travel-agency secured services, the customer is not entitled (if not agreed otherwise) to be given a grant for payment or discount of the price of services.
The travel agency is not responsible for damage caused by:
- the customer
- the third party which is not related to the usage/drawing of provided services
- inevitable accident that could not be avoided even by investing all effort that may be required
Travel insurance of the customer
The price of provided services does not include travel insurance - therefore, the travel agency does not cover any risks.
The travel agency recommends to its customers a conclusion of travel insurance that may cover such risks (health, injury, luggage, liability for damage, cancellation of the tour and so on).
The travel agency processes the personal information of its customers upon their agreement in a limited extent:
personal information of the customer is processed in the extent of title, name, surname, residence, telephone number, electronic address for electronic mail. Such data can be accessed by the employees of DC SERVICE, an authorised processor, and they are also submitted to the persons who are authorised for providing the tourism services, and also to those who are authorised to offer and sell services provided or arranged by the DC SERVICE travel agency.
Provision of stated data is voluntary.
At processing of the customer’s personal information, DC SERVICE is obliged to keep in mind that no harm should be caused on the customer’s rights, especially the right for maintaining human dignity.
The customer is entitled to cancel agreement with the processing of his/her personal information at any time.
The customer has a right to access his/her personal data, a right for correction of personal information and also other rights according to § 21c Act No. 101/2002 Coll.
These General terms came into force on 20th September 2008 and relate to all services provided by the travel agency DC SERVICE s.r.o.
Possible non-validity of individual provisions does not affect the total validity of these terms.
Prague 22nd September 2008