General Terms and Conditions

 

GENERAL CONDITIONS OF CONTRACT
Travel Agency: Ing. Petra Czastková

1. INTRODUCTORY PROVISIONS

These General Conditions of Contract form an integral part of the Tour Contract (hereinafter referred to as TC) between the travel agency of Mrs. Petra Czastková, CK Enthusia, Company ID 88650332, with registered address at Thunská 32, Děčín 6, 405 02 Děčín, and the client (tour participant). The General Conditions of Contract are subject to the provisions of the Civil Code of the Czech Republic.

2. SUBJECT OF CONTRACT AND INCEPTION OF CONTRACTUAL RELATIONSHIP

The subject of the TC is the tour organized by CK Enthusia as indicated in the TC and described in CK Enthusia’s catalogue, or other tourism services agreed upon individually. The contractual relationship begins with conclusion of the TC and payment of the deposit or full price of the tour. The TC must be concluded directly with CK Enthusia or via a sales representative acting on the basis of a brokerage agreement. The TC must be concluded in writing, and may done by delivering it to CK Enthusia in person or by mail, fax, email or other electronic means.

The client becomes a tour participant entitled to claim services only after signing the TC and paying the full price including any fees for additional services. Payments must be made by the deadlines contained in the TC without further reminders. If this is not done, CK Enthusia is entitled to terminate the contractual relationship and remove the client from the tour. The client will be informed of this fact, and any deposits will be returned minus cancellation fees. The tour participant’s valid documents are the TC and a confirmation of having paid the tour in full, including any fees for additional services.

3. TOUR Program

The tour program can be found by each of the tours in the catalogue. CK Enthusia reserves the right to change the program, route and other services as required by objective conditions (traffic problems, weather, illness, participants’ safety, etc.) CK Enthusia may not change the fundamental character and main scope of services without prior agreement with the client. A change in program order is not considered a change in program.

4. PRICE

The tour prices, including a description of included services, can be found in the catalogue and are listed inclusive of VAT. Optional services not listed in the TC are not included in the tour price.

In line with the provisions of the Civil Code (Sec. 2530), CK Enthusia has the right to increase the original tour price if there is an increase in the price of transportation or in the exchange rate of the Czech crown by more than 10%. In such cases, the tour price will be increased by CK Enthusia’s extra costs associated with transportation or the exchange rate difference. If the price is increased, the client will be receive a contract amendment with the new prices no later than twenty-one days prior to start of the tour. If the client does not agree with the change in price, he may withdraw from the contract within a deadline of 5 days; if he does not do so, this is taken as approval and he must pay the difference in price. CK Enthusia reserves the right to decrease the tour price at the last moment in order to increase the chance of filling empty spaces if there is a risk that the tour will not be held because of an insufficient number of participants. For such discounted tours, clients may not claim any other discounts offered.

5. DISCOUNTS

The client shall claim discounts himself when negotiating the TC. Discounts cannot be applied after the fact. Discounts are not cumulative. The following discounts are provided on the prices listed in the catalogue:

Loyalty discount: Anyone who has participated in a CK Enthusia tour in the past 5 years receives a 5% discount on the next tour.

Group discount: Group discounts are listed by the tours’ catalogue prices.

6. APPLICATION AND PAYMENT

Clients may apply by sending the application form from the CK Enthusia catalogue by mail to Petra Czastková - CK Enthusia, Labské nábřeží 307/39, 405 02 Děčín 4, or via telephone at + 420 724 006 865, +420 777 499 804, or at the company’s offices, or via e-mail at: info@enthusia.cz. An application may be filled out for multiple persons. The ordering party is responsible for the contractual obligations of other applications as for his own.

After receiving the application, CK Enthusia sends two copies of the proposed tour contract, along with a money order for paying the deposit and a document confirming the company’s insurance; the client shall send one signed copy back.

The deposit in the amount of 50% of the tour price is payable within 14 days from signing the contract, but no later than 30 days prior to start of the tour. The remaining 50% of the tour price is payable no later than 30 days prior to start of the tour. If it is less than 30 days to the start of the tour, the full price of the tour is payable by the day after signing the TC. When applying discounts, the payment deadlines contained in this article are replaced by the conditions for the individual discounts. With payment of the deposit or the full tour price, the client indicates his consent with the contents of the TC and the General Conditions of Contract. In all cases, the decisive date is the date of sending. Payments may be made to the following accounts at Fio banka: in CZK to account no. 2500250195/2010, or 2000250199/8330 for Slovakia, or in EUR to account no. IBAN: DE53 8559 0100 4559 6812 08, BIC: GENODEF1NGS (we will announce the exchange rate for conversion to EUR). The client must present proof of payment when arriving for the tour.

7. INFORMATION ON THE TOUR

As a rule 3 weeks prior to departure but no later than 1 week prior to departure, CK Enthusia sends an informational letter on the tour. In this letter, the client receives detailed information from CK Enthusia concerning accommodations, meals, transportation and other services, as well as contact information in case of difficulties. Any necessary vouchers and informational materials will be presented to the client when arriving for the tour; if necessitated by circumstances, these will be sent along with the informational letter. If the contract is concluded less than a week prior to start of the tour, the client will be presented the necessary information and vouchers when concluding the contract.

8. CANCELLATION OF PARTICIPATION, CONDITIONS FOR CANCELLATION

The client may cancel his participation at any time prior to start of the tour by sending a written notice. The cancellation becomes effective the moment this notice is delivered to CK Enthusia. The client will be refunded any payments made, minus the cancellation fees described below. “Price” in this paragraph is understood to be the catalogue price without discounts.

 

CANCELLATION FEES when canceling participation prior to departure:

· More than 30 days in advance 20 €

· 29 - 15 days 50% of tour price

· 14 - 4 days 75% of tour price

· 3 – 0 days 100% of tour price

If the participant cancels his participation 2 days or less before departure, on the day of departure, does not arrive on time for departure, interrupts participation of his own will during the tour, has incomplete or invalid travel documents, or has clearly insufficient equipment for the tour in question, then the cancellation fee is 100% of the tour price.

Cancellation fees are not paid if the participant sends a fully informed and prepared replacement in possession of valid travel documents and the necessary equipment, and informs the tour office of this fact at least 7 days prior to the tour’s departure. A fee of CZK 150 is charged for registration of the replacement participant, plus any previous expenditures that have been made in connection with the participation of the person who has decided not to participate in the tour.

If the client wishes to transfer to another tour within 60 days prior to the departure of the original tour, a 20 € fee is charged. After this date, the classical cancellation fee is charged for canceling the original tour. This condition also applies when changing the date of the same tour.

Cancellation fees are not charged if CK Enthusia increases the catalogue fee for objective reasons (such as an increase in the price of motor fuels, increase in the exchange rate, etc.) and the client does not accept the proposed contract amendment and thus cancels his participation within the established deadline, see “Price”.

9. CANCELLATION OF TOUR

Cancellation of the tour on the part of CK Enthusia may occur in case of insufficient number of participants, exceptional circumstances, or the client’s violation of his obligations. If the client cannot prove payment of the tour price, CK Enthusia is entitled to withdraw from the tour contract at departure time without compensation. If CK Enthusia cancels the tour within less than 20 days before departure for a reason other than an insufficient number of participants or force majeure, it will pay the client a penalty in the amount of 10% of the tour price.

10. TRAVEL DOCUMENTS

Each tour participant must be in possession of a valid travel document. CK Enthusia shall not be responsible for any difficulties that may arise in connection with invalid travel documents, and all costs arising from such an event shall be borne fully by the participant.

 

11. AGE AND HEALTH RESTRICTIONS

Each participant must consider the tour’s level of difficulty with a view towards his physical condition and state of health, and if necessary consult his participation with his doctor. Children under 15 years of age may participate in the tour only when accompanied by a responsible adult. The client is obligated to inform CK Enthusia in advance of any illness that may limit his participation in the tour. In such cases, CK Enthusia reserves the right to ask the participant to present a doctor’s permission.

12. WARRANTIES

CK Enthusia is not liable for the negative consequences of unavoidable natural, political, civil, transportation-related or other events and situations that it cannot influence. CK Enthusia will not cover any expenses and damages incurred in such cases by the participants, not even if they occur prior to the departure date of the tour, which in extreme cases may be cancelled completely as a result of such events. In such a case, the participant will be reimbursed the deposit, reduced by provable prior expenditures.

CK Enthusia is also not liable for the participants’ property in case of destruction, damage, loss or theft, nor for the participants’ health. Nevertheless, the guides will expend maximum effort over the course of the tour to ensure that such risks are reduced as much as possible. For this reason, participants are required to follow instructions regarding the maximum allowable weight of luggage, and (for bicycle tours) to follow instructions related to the safe transport of bicycles. Any damage caused by failure to sufficiently protect the bicycles from contact with the trailer or other participants’ bicycles cannot be claimed for compensation from CK Enthusia.

13. INSURANCE

As required by law, CK Enthusia is insured against bankruptcy with ČPP a.s.. This insurance is included in the tour price.

 

14. CLAIMS

Clients have a right to file a complaint for services that were not provided to their full extent or quality, of if the concluded TC was violated. They are obligated to do so in writing without undue delay to the head of the tour or at CK Enthusia’s offices, but no later than within 1 month after the tour’s end or (if the tour does not take place) from the day on which the tour would have ended as per the tour contract, otherwise the right to file a claim is terminated.

15. PERSONAL DATA PROTECTION

The client agrees to the use of his personal data (in accordance with Regulation (EU) 2016/679 (EU GDPR) ) contained in the TC for the needs of CK Enthusia and exclusively for the purpose of organizing the tour and the sending of sales messages and tourist-related service offers to the client. The client further declares that he has been authorized by the other persons listed in the TC do declare consent in their name.

16. FINAL PROVISIONS

These General Conditions apply to all tours published in the CK Enthusia catalogue and on www.enthusia.cz, unless the tour lists other conditions.

These General Conditions are valid from 1 January 2019 until the publishing of new General Conditions.