General terms
1. Introductory articles
a) General conditions are valid for all tours, stays and travel services.
b) The general business terms alter mutual relation and legal relation between the tour operator S-GUIDE, Ltd, IBN: 26946718, seat Údolní Street 33, 602 00
c) Tour operator retains the right to state diverse conditions which precede these conditions in the sales material (internet catalogue (www.sguide.cz , informative or supply sheet).
2. Agreed services
a) For the range of the agreed services is obliged specification of the services mentioned in the binding order. Extension or changes of the services beyond the frame of the agreed services (Order) must be confirmed edgewise tour operator in writing and settled by customer before the date of the beginning of course of the ordered services.
b) Unless customer takes an advantage of some agreed services the compensation of unexpended services is not possible.
c) Customer is personally responsible for given personal dates.
d) According to the act n. 101/2001 Sb. customer agrees with using the personal dates written in the Order/Travel contract for tour operator’s requirements, namely solely for sending of offers of travel services and processing of the order.
3. Reservation of travel services
a) Customer books traveling services according to his own criteria by E-Mail, phone call or by form Offer Request which is available on the web sites of the tour operator www.sguide.cz and is not binding. In case the Offer Request has all belongings, travel agency works out a particular offer that sends to the customer.
b) Customer of the traveling service makes an order in form of the binding order, namely in electronic form (e-mail) or through fax. The customer is given a notice by Order Confirmation, namely in electronic form (e-mail). Through the signature of the order the customer confirms takeover of the closer information about the travel tour (information in order or in internet catalogue www.sguide.cz ) and the proof of the insurance of the tour operator. The customer also confirms that he/she gets knowledge of the way of demanding right in the case of violation of tour operator’s legal duties.
c) In the case the reservation has not been successful the tour operator offers an alternative solution to the customer.
d) To binding order by tour operator via E-Mail is not relevant the enactment § 53 par 6 of the act n. 40/1964 Sb. of the Civil Code.
4. Terms of payment
e) Making an order there is necessary to settle an advance payment 40% of the ordered services, that is payable in 2 working days from the sending of the Order Confirmation. The evidence of payment can serve receipt, statement of account and stub of the postal order.
f) Customer is obliged to pay the rest of the price (60%) till 30 days before departure for the travel tour.
g) The prices offered by tour operator include tour operator’s bankruptcy surety ship insurance. If another type of insurance is a part of the travel services, the amount of that insurance is payable by signature of the Order/Travel contract. If customer order the insurance for the case of cancellation of the travel tour on the part of the customer (The insurance of the cancellation fee), the customer is obligated to give the dates of the insured people to the tour operator at the latest on the day of the settlement of the deposit for the travel services.
h) Expiration date means the date, when deposit or rest of the payment or the whole amount is scored up on the bank account of the tour operator or the date of the personal settlement in cash in the office of the tour operator.
i) If customer orders accommodation marked as „Last minute offer“the expiration date of the whole amount is the next day after the signature of the Order/Travel contract. If the customer orders the travel tour less than 30 days before the start of the travel tour, he/she is obliged to pay the whole price of the travel tour by signature of the Order/Travel contract.
j) Breach of the expiration dates is violation of the travel contract. If customer does not settle the debt in an alternative additional term, the tour operator has a right withdraw from the contract (see the article n.8).
k) Customer gets necessary travel information (vouchers, maps and other information) after the settlement of the whole price of the order and herewith confirms that in the case of the incomplete settlement of the travel services will not use the ordered services. If it be to the contrary the tour operator has a right for demanding of settlement of damage incurred.
l) The charges for changes of the Order/Travel contract must be paid immediately.
m) If the price of the travel services is presented in foreign currency, the exchange course is set by the tour operator. Customer can pay the travel services according to his/her choice in foreign or Czech currency. By using bank transfer in foreign currency all charges for transfer pays the transferring person.
n) The travel tour can be partially or fully paid by gift certificate whereas possible overpayment is not possible to refund.
5. Increase in price of travel tour
Tour operator is authorized to one-sided act which will lead to increase in price of the travel tour. The tour operator informs the customer about increasing of price at least 21 days before the start of the travel tour. The price of already ordered travel tour can be increased only in these occasions:
- increase in price of transport (fuel or transport taxes)
- increase in price of insurance rates
- Czech currency weakening (more than 10%)
6. Additional charges and reductions
a) By occupancy of double room (eventual more-bed room) under the nominal number of people there is necessary to pay extra charge according to the actual price list.
b) The tour operator can charge the short-stay supplement in the amount of 10% by accommodation for less then 4 nights.
c) Customer can take advantages of reductions presented by tour operator only if he/she satisfies the conditions for the reductions. The various reductions can not be sum up, if it is not explicitly mentioned otherwise.
7. Changes of Order/Travel contract
7.1. From the part of the tour operator
a) Travel agency is competent to realize changes of particular services that are inevitable and the travel agency has not caused them on purpose. In case of change in accommodation the travel agency must keep the same category that was determined by customer in the order (in this case client is not entitled to price change), possibly a higher category (in this case the travel agency is not entitled to additional charge) or a lower category (in this case client is entitled to restitution of the existing price difference, he has not got any other claims to restitution).
b) Customer has a right to decide (in writing) in appointed time if he/she will agree with the changes according to the par a) or if he will withdraw from the contract. If the customer will not withdraw in time-limit, which can not be shorter than 5 days from delivery of the proposal of the contract’s change, it is considered as approval to the change. If the customer withdraws from the Order/Travel contract, he/she will get beck the already paid money, any supplementary obligations do not originate.
c) If the above-mentioned change happens during the stay, customer has right for demanding of returning the price difference, if there is some. He/she has no right for additional compensations.
d) The tour operator provides unpaid services if the situation enables it and if it does not set any financial or other damages to the tour operator.
e) In consequence of so-called inevitable accident, i.e. owing to causes the travel agency could not prevent not even in case of total exertion is entitled to settlement of provided services.
7.2 From the part of a customer
a) Before the date of departure customer can declare (in writing) the change of the person in the travel tour, the name of the new person has to be written in the announcement. From the day of delivery of the announcement the new person becomes a costumer. The announcement must contain declaration of the new customer that agrees with the contract. The original and also the new customer are both liable for payment of the travel tour and settlement of the handling charge 200 CZK/person.
b) Customer is obliged to pay service charge 300 CZK/person for essential change in the Order/Travel contract (e.g. change of the date or location of the accommodation etc.) for every separate change.
c) Another extra charges for administrative acts connected with filling of above standard services are set individual and after an agreement with a costumer.
8. Revision of contract
8.1. From the part of the tour operator
a) The tour operator can withdraw from the Order/Travel contract before the start of the travel tour only in case of cancellation of the travel tour or because of violation of the contract by a costumer.
b) If the tour operator withdraws from the contract before the start of the travel tour because of violation of the contract by a costumer, the costumer is obligated to pay to the tour operator below defined compensation money. The tour operator is obligated to return to the costumer all settlement that the tour operator has obtained from her/him according to the now cancelled Order/Travel contract.
c) If the tour operator withdraws from the contract because of the cancellation of the travel tour before its start, costumer has a right to demand new travel tour on the basis of new Order/Travel contract at least in the same quality category as the original travel contract, if the tour operator can offer that kind of travel tour. If the tour operator cancels a travel tour in shorter term than 20 days before the departure, it is obliged to pay to the costumer penalty in an amount of 10% of the price of the travel tour. The tour operator do not pay penalty, if it is proved, that the cancellation was because of consequence of so-called inevitable accident.
8.2. From the part of a customer, compensation
a) Customer is entitled to cancel his order with the tour operator any time before his departure under the conditions of that order. If the costumer withdraw from the contract because of other reasons than in par 7.1 b), the costumer is obliged to pay below defined compensation money and the tour operator is obliged to return to the costumer all, that the costumer settled according to the Order/Travel contract, with the exception of the amount the insurance.
b) The cancellation of the ordered services must be done in writing.
c) For determination of compensation money from the cancelled Order/Travel contract is critical date of the deliverance of the written announcements of ordered services to the tour operator.
d) The tour operator charges compensation money from each person who covers ordered services. While cancellation of the order:
1. 90 and more days before departure: 1 000,- CZK,
2. 60 - 89 days before departure: 20 % of price of ordered services but at least 1 000,- CZK,
3. 59 - 30 days before departure: 40 % of price of ordered services but at least 1 000,- CZK,
4. 29 - 14 days before departure: 60 % of price of ordered services but at least 1 000,- CZK,
5. 13 - 7 days before departure 80 % of price of ordered services but at least, 1 000,- CZK
6. less than 7 days before departure: 100 % of price of ordered services.
e) Customer is also entitled to cancel his order of the gift certificate on the financial amount in the tour operator by three months since the gift certificate has been made. Cancellation of the ordered service must be done in writing or electronically (via email). In case of cancellation of the ordered gift certificate on financial amount is charged cancellation fee 10% of the financial amount but at least 200,- CZK.
9. Relations of contracting parties
a) Contracting parties communicate with each other electronically (via e-mail), through fax or by telephone. In case of postal traffic the address for service of a customer is the address referred-to the Order/Travel contract and delivery address of the tour operator is Údolní Street 33, 1. floor, 602 00
b) Tour operator provides all documents via email after the settlement of the full price of the ordered services, but at the latest 7 days before the departure for the travel tour. If the Order/Travel contract is made at the time shorter than 7 days before the start of travel tour, the tour operator provides necessary travel information so that the costumer has them at the latest on a day of departure for a travel tour.
10. Complaint order
a) In case that extent and quality of provided services is demonstrably lower than agreed in Order/Travel contract, the customer is entitled to administrative claim.
b) If the fault is corrigible the costumer is obliged to contact the tour operator immediately after the fault detection. The tour operator arranges correction of the fault. The tour operator cannot recognize the post reclamation.
c) If the fault is not corrigible, the costumer is obliged to contact the tour operator immediately after the fault detection and consequently after the return from the travel tour deliver the reclamation in writing to the tour operator at the latest till 3 months after the termination of the travel tour.
d) The customer must stake his complaint claims in the travel agency in writing with undue delay but at least by 7 days from ending of his stay, if it is to the contrary the reclamation will not be regarded as alleged.
The tour operator will dealt with complaints and till 30 days will advise the costumer of result (in writing).
11. Individual travel services
11.1 Accommodation
a) Costumer must keep the accommodation conditions by check in and check out and the accommodation rules by the whole stay. The tour operator is not responsible for possible sanction for breaking the accommodation rules by a costumer.
b) Customer can make use of services of the accommodation unit if the services are price included, otherwise only on his own costs. Costumer is obliged to pay all bills for used services before leaving the house.
c) While the mediator of the accommodation is the company Interhome s.r.o., it takes all responsibility for services combined with accommodation (IČO: 60718072).
11.2. Conveyance
a) The prices preceded by tour operator in the internet catalogue or in offer are noted without conveyance if it is not mentioned otherwise. Tour operator provides conveyance only for groups of more than 60 people on the basis of individual order of transport. Tour operator does not guarantee for possible delay (e.g. because of weather, technical reasons etc.)
b) Maximal permitted velocity of the busses in foreign countries is 80 km/hour. Drivers make obligatory regular breaks (every 3-4 hours).
c) Driver or the leader of the travel tour has a right to exclude drunken person from the transport without claims for any compensations. If drunken person cause some damages in the bus, he/she is obliged pay for the damage on the spot.
11.3 Insurance
a) In prices offered by the tour operator is included the tour operators bankruptcy surety ship insurance. If other type of insurance is part of the travel services, the costumer is obliged to pay the amount of the insurance by the signature of the Order/Travel contract.
b) Tour operator can ensure to the costumers the insurance Allianz for the sake of accident, death, damage, destruction and estrangement of the luggage and small stores, for sake of the liability for damage caused by customer and the cancellation of the ordered services at the hands of the customer. Insured customer is client of the Insurance company Allianz.
c) Before conclusion of the insurance is customer obliged to peruse General insurable terms and Special insurable terms. Tour operator is obliged to notify the customer about these insurance terms before the conclusion of the insurance contract. Exclusions form the insurance, process for sake of the insured accident and its liquidation acts to the General insurable terms, special insurable terms and internal rules of the insurance company.
d) By the insurance is established the contractual relation between customer/insured and insurance company. In sake of the insured accident of the insurance of the cancellation charges is customer obliged to notify the tour operator the following working day and also announce it without undue delay the insurance company by writing.
e) Unless otherwise stated, the price of the ordered services excludes insurance.
12. Alternations of the general terms of providing services
In case of alternation of current General terms of providing services of tour operator, the tour operator is obliged to notify of change customer without delay. In case customer does not agree with the change of the General terms of providing services is entitled to back out of a contract without delay (at latest by 5 days since deliverance), otherwise is the alternation of the General terms of providing services regard as agreed.
General terms come into force 1.8. 2008.
S-GUIDE, s.r.o.
Údolní 33
602 00
