General terms and conditions
1. INTRODUCTORY PROVISIONS
1.1 The General Terms and Conditions of TIME FOR SLOVAKIA set out below apply to all trips organised by the tour operator TIME FOR SLOVAKIA and also to individual tourism services sold on behalf and on account of the tour operator TIME FOR SLOVAKIA, which are listed in form of website offer (www.timeforslovakia.com, hereinafter referred to as Catalogue).
2. CONCLUSION OF TOUR CONTRACT
2.1 The tour procurement contract (hereinafter referred to as the “Contract”) is a standard contract subject especially to the provisions of §§ 741 et seq. of the Act No. 40/1964 of the Law Code (Civil Code) as amended. Parties of this Contract agree that only Slovak law will be applied to the Contract.
The parties to this Contract are:
TIME FOR SLOVAKIA Ltd.
Fándlyho 5, 949 01 Nitra
Registered by District Court Nitra
Section: Sro, Insert Nr.: 38256/N
Organization Identification Number: 48 008 834
(hereinafter referred to as TIME FOR SLOVAKIA)
The client, either physical person or a legal person (hereinafter referred to as “Client”).
2.2 The Contract is executed electronically on the basis of a properly and correctly filled-in tour order (Booking form) from the Catalogue offer, the payment of the relevant initial fee for the tour and the subsequent electronic acceptance of the order by TIME FOR SLOVAKIA. The Contract is binding for all persons included in the Booking form. The Client guarantees that the contractual obligations of the persons included in the Contract, as well as the contractual obligations of the Client itself are met.
3. SUBJECT OF THE CONTRACTUAL RELATIONSHIP
3.1 These General Terms and Conditions regulate the rights and obligations of the parties in terms of sale of:
a. Trips organised by TIME FOR SLOVAKIA in form of guided public tours and guided private tours, or
b. Accommodation, self-guided tours, catering, transport, car rental services, and other tourism services according to the individual requirements of the Client, sold on behalf of and on account of TIME FOR SLOVAKIA (hereinafter referred to only as “individual services”).
4. PRICING AND PAYMENT CONDITIONS
4.1 The Catalogue price is a final price unless differently indicated at a specific tour or individually agreed with the Client in the case of Individual services.
4.2 Depending on the method of settlement, payment of the price of services shall be regarded as the date of acceptance of cash or the date of crediting of payment to the account of TIME FOR SLOVAKIA in the level of 100% of the stipulated price of the services. In the event of breach of this obligation by the Client, TIME FOR SLOVAKIA is entitled to withdraw from the Contract, which shall not affect its entitlement to compensation for damage.
4.3 The Client may decide to pay for the tour on the basis of the invoice issued in EUR; by a credit/debit card payment; or by a PayPal payment. PayPal and Credit/Debit card payments incur a 2% surcharge.
4.4 The level of deposits and payment schedule is agreed as follows, unless the contracting parties agree otherwise:
a. In the case of trips, the Client is obliged on the creation of the contractual relationship to pay a deposit in the level of 50% of the stipulated price of services; the Client is obliged to settle the balance of the total price no later than 30 days prior to the commencement of the trip. In the event of breach of this obligation, TIME FOR SLOVAKIA is entitled to withdraw from the Contract. In the event of the creation of a contractual relationship within a period less than 30 days prior to the commencement of the trip, the Client is obliged to pay 100% of the stipulated price.
b. In the case of individual services, the Client is obliged to pay 100% of the total price of ordered services on creation of the contractual relationship.
4.5 TIME FOR SLOVAKIA shall bear no responsibility for the differences in the rate of exchange, for the fees related to the transaction, or for the eventual losses related to the card use. Failure to pay for the tour at the time of the order (if the payment is executed by a credit/debit card) on the basis of the Catalogue, or on the due date indicated in the invoice, shall be considered to be a failure to conclude the Contract by the Client without any obligations accrued to TIME FOR SLOVAKIA.
4.6 TIME FOR SLOVAKIA is authorized to increase the price unilaterally if there is an increase in the payments related to transportation, such as the airport fees, if they are included in the tour price. TIME FOR SLOVAKIA shall increase the price only if the payment increases at least 21 days before the tour start. The client shall be informed about such increase by a letter, facsimile or by e-mail not later than 20 days before the tour start, or otherwise TIME FOR SLOVAKIA shall not be entitled to have the price difference covered.
5. RIGHTS AND OBLIGATIONS OF THE CLIENT
5.1 The Client is authorised to:
a. Proper provision of the services contractually agreed upon and paid for,
b. Ask TIME FOR SLOVAKIA and request information about all facts which are known to it and which relate to the services contractually agreed and paid for,
c. Withdraw from the Contract in accordance with these general terms and conditions without indicating any reason,
d. Claim shortcomings and their settlement in accordance with these general terms and conditions
e. Inform about the change of person participating in the tour not later than 14 days prior to the commencement of the tour or individual services.
5.2 The Client is obliged to:
a. Provide TIME FOR SLOVAKIA with cooperation which is necessary for due arrangement and provision of the tours and individual services, above all to stipulate the information required by TIME FOR SLOVAKIA in the Contract in a truthful and complete manner
b. Ensure accompaniment and supervision by an adult participant and the consent of the legal guardians in the case of persons under the age of 15; similarly, to ensure accompaniment and supervision of persons whose state of health so requires
c. Present the consent of his legal guardians if a Client over the age of 15 and under the age of 18 intends to conclude a contract for services abroad
d. Carry valid travel documents and respect current passport and customs regulations of the visited countries. The Client’s passport has to have enough open pages for all the visas that are needed for tours/individual services. If the Client doesn’t have enough open pages in his/her passport, the Client might not be able to enter a country and the Client might be sent back to his/ her country of residence. Any costs incurred as a result hereof will be at the expense of the Client. The Client’s passport has to be valid for at least six (6) and more months after the tour or individual services end. TIME FOR SLOVAKIA shall not be held responsible for any event which might prevent any of its Clients to entry into any country. Should situation like this occur the tour/individual services will continue without these tour participants and these participants themselves shall be responsible for arranging their transportation to the country from which they joined the tour.
e. Secure the visa for the Slovak Republic and the countries to be visited during the tour/individual services if required. This must be done prior to the commencement of the tour/individual services in the home country of the Client.
f. Inform without any unreasonable delay TIME FOR SLOVAKIA, within the dates specified by TIME FOR SLOVAKIA, standpoints of the Client to eventual changes in terms and conditions and in the contents of the agreed services
g. Follow and respect the instructions of the tour guide or other party determined by TIME FOR SLOVAKIA and to follow agreed programme unless differently specified and agreed with TIME FOR SLOVAKIA
h. Behave so as not to cause any damage to health or property to other tour participant, or the TIME FOR SLOVAKIA service providers
i. Provide compensation for any possible damages caused by the Client
j. Refrain from behaviour which could restrict the rights of other clients
k. Be present before the tour/individual services start on a specified place at a specified time
6. RIGHTS AND OBLIGATIONS OF TIME FOR SLOVAKIA
6.1 The corresponding rights and obligations of TIME FOR SLOVAKIA relate to the rights and obligations of the Clients stipulated in article 5.
6.2 TIME FOR SLOVAKIA is obliged to:
a. Inform the Client truthfully and duly of all facts relating to the arranged services which are important for the Client and which are known to TIME FOR SLOVAKIA.
b. Ensure proper and correct tour/individual services development.
c. Observe the programme, transportation and accommodation standards as defined in advance in the Catalogue offer
d. Provide to the Client all documentation and information necessary for the respective tour/individual services.
e. Provide alternative accommodation in the same quality class as that which was agreed in the Contract in the case of shortage of accommodation facilities.
f. Conclude an insurance contract against the bankruptcy or the short-term insolvency.
g. Provide alternative transportation or the similar quality as that which was originally agreed in contract in case of a change in the transportation situation.
6.3 TIME FOR SLOVAKIA is authorised to:
a. Provide alternative accommodation in the same quality class as that which was agreed in the Contract in case of shortage of accommodation facilities
b. Provide alternative transportation or the similar quality as that which was originally agreed in contract in case of a change in the transportation situation.
7. CANCELLATION AND CHANGE IN THE AGREED SERVICES
7.1 Cancelation of agreed services
a. TIME FOR SLOVAKIA is entitled to cancel a trip and individual services prior to their commencement
b. If the minimum number of clients, which is determined as 4 clients for all trips, is not reached prior to the commencement of the trip, unless a different minimum number of participants in the trip is stipulated in the Travel contract, in the catalogue or in another form of offer, TIME FOR SLOVAKIA shall be entitled to cancel the trip and obliged to inform the Client of this fact in writing, no later however within a deadline of 7 days prior to the start of the trip.
c. If TIME FOR SLOVAKIA cancels a trip or individual services for any other reason than breach of obligation by the Client, the Client shall be entitled to request that TIME FOR SLOVAKIA provide a different trip and/or services on the basis of a new contract, which in total correspond at least to the trip or services originally arranged if TIME FOR SLOVAKIA is able to offer such a trip or individual services. If in such a case, no new contract is concluded, TIME FOR SLOVAKIA shall be obliged without unnecessary delay to refund the Client everything paid by the Client for the trip or services in accordance with the cancelled contract, this without the Client being obliged to pay TIME FOR SLOVAKIA a withdrawal fee. If a new contract is concluded, payments made on the basis of the original contract shall be regarded as payments in accordance with the new contract. If the price of the new trip or services is lower than the payments already made, TIME FOR SLOVAKIA shall be obliged to refund the Client any difference created in this manner without unnecessary delay.
7.2 Change in the agreed services
a. TIME FOR SLOVAKIA is obliged to inform the Client without any delay about the changes concerning the services in its Catalogue at least 20 days prior to the commencement of the trip
b. If the change includes the change in the price within 21 days before the tour start (e.g. as a result of the changes in transport, in fees included in the tour price) the Client may withdraw from the Contract within three days from the relevant change notification. TIME FOR SLOVAKIA shall lose its title to adjust the prices if it fails to inform the Client about the relevant changes on time.
8. WITHDRAWAL FROM THE CONTRACT
8.1 TIME FOR SLOVAKIA is entitled to withdraw from the Contract prior to the commencement of the trip or use of individual services for the following reasons:
a. Breach of obligation by the Client resulting from the Contract, or
b. Due to cancellation of the trip or due to cancellation of individual services
8.2 Written notification of withdrawal from the Contract, with stipulation of the reasons for this, shall be sent by TIME FOR SLOVAKIA to the Client’s contact address or e-mail address stipulated by the Client in the Contract and the effects of withdrawal from the Contract shall occur on the date of delivery of such notification.
8.3 The Client is entitled to withdraw from the Contract prior to the commencement of the trip or use of individual services without stipulating the reasons on grounds which are not attributable to TIME FOR SLOVAKIA. In this case, the Client is obliged to pay withdrawal fees.
8.4 The withdrawal fee for the withdrawal from the Contract prior to the commencement of the trip shall amount to:
a. 20 % of the total trip price if the Contract is withdrawn more than 30 days prior to the commencement of the trip.
b. 30 % of the total trip price if the Contract is withdrawn between 22 and 29 days prior to the commencement of the trip.
c. 50 % of the total trip price if the Contract is withdrawn between 10 and 21 days prior to the commencement of the trip.
d. 100 % of the total trip price if the Contract is withdrawn less than 9 days prior to the commencement of the trip.
8.5 The withdrawal fee for the withdrawal from the Contract prior to the commencement of use of individual services shall amount to:
a. 30 % of the total price if the Contract is withdrawn more than 9 days prior to the commencement of use of individual services.
b. 50 % of the total price if the Contract is withdrawn between 3 and 8 days prior to the commencement of use of individual services.
c. 100 % of the total price if the Contract is withdrawn less than 2 days prior to the commencement of use of individual services.
8.6 TIME FOR SLOVAKIA may withdraw from this Contract on the following grounds:
a. force majeure, i.e. those grounds which cannot be influenced by the company, such as natural disasters, wars and other similar conflicts etc.
b. if the trip does not have enough participants 7 days prior to the commencement of the trip
9.1 TIME FOR SLOVAKIA shall not be held responsible for the trip shortcomings which cannot be influenced by TIME FOR SLOVAKIA, such as the weather, traffic situation, restrictions imposed by the government during the trip and for other force majeure circumstances. The Client may not raise any claim on the basis of the circumstances which were known to the Client before the trip.
9.2 TIME FOR SLOVAKIA shall not be held responsible for an eventual delay of the plane (on technical grounds, because of unfavourable weather conditions, on operational grounds, busy air channels etc.) and the related damages. The Client is not entitled to a compensation for the waiting time at the airport in case of the late/early airplane departure/arrival, or for unused services related to the stay, or for a withdrawal from the tour contract.
9.3 The planned transportation time may be extended due to unforeseen circumstances, such as the weather conditions, waiting on the border crossings, or the road traffic problems. The Client is not entitled to compensation for the waiting time, or for the unused services related to the trip, or to a withdrawal from the tour contract due to the delay of the mean of travel.
9.4 The Client shall be held responsible for observation of the transportation terms and conditions of the air carrier to and from destination or during the trip.
9.5 TIME FOR SLOVAKIA shall not be held responsible for any eventual discrepancies or exclusion from transportation caused by the failure of the Client to observe the terms and conditions of transportation.
9.6 TIME FOR SLOVAKIA shall not be held for eventual shortcomings of the air carrier. The Client shall raise its claims at the air carrier in accordance with the relevant transportation conditions or claims proceedings.
9.7 TIME FOR SLOVAKIA shall not be held responsible for damages which were not caused by TIME FOR SLOVAKIA or its service suppliers, but which were caused by the Client, or by a third person not related to the trip provision, or by the event which could not be prevented even with the application of the maximum effort, or for damages caused by unusual or unforeseeable circumstances.
9.8 TIME FOR SLOVAKIA does not hold responsibility for stolen property. The client always participates in a trip at his/her own risk. TIME FOR SLOVAKIA recommends to each client to get individually insured before arriving in Slovakia. Injuries or other unexpected situations that require financial or other compensation shall be claimed from the insurance company. If the client is not insured, all the above mentioned matters become the sole responsibility of the client. In addition, we suggest to clients to get medically examined before leaving for the trip.
10.1 Trips and tourism services provided by TIME FOR SLOVAKIA do not include insurance covering the Client for his travel and stay.
10.2 The Client may conclude individual insurance for his travel and stay including insurance for the event that the Client incurs costs in relation to withdrawal from the Contract with the respective insurance institutions.
10.3 TIME FOR SLOVAKIA shall not be held responsible for medical insurance of the Client and for an eventual loss of the luggage during the tour.
11. CLAIMS AND COMPLAINTS
11.1 Exercising of the Client’s rights resulting from liability for defects to services provided by TIME FOR SLOVAKIA (claims) must be made seriously, definitely and comprehensibly. The Client may make a claim either verbally or in writing, stipulating the date, the subject of the claim and the method in which the Client requires handling of the claim. TIME FOR SLOVAKIA recommends that Clients make claims in writing.
11.2 The Client is obliged to make any claim in good time without unnecessary delay after having learned of such a defect, ideally directly at the location of the service provided, with a TIME FOR SLOVAKIA tour guide or other representative authorised by TIME FOR SLOVAKIA, in order for the situation to be remedied. In cases when the customer uses individual services without the presence of a TIME FOR SLOVAKIA tour guide or other representative authorised by TIME FOR SLOVAKIA and the service provided is defective, the Client shall be obliged to also ensure timely filing of claims towards service suppliers/providers and also to TIME FOR SLOVAKIA.
11.3 TIME FOR SLOVAKIA shall inform the Client about the claim resolution within 30 days from the delivery of the claim.
11.4 In case of substantiated claim TIME FOR SLOVAKIA shall refund to the Client the difference between the provided and agreed services. TIME FOR SLOVAKIA shall not refund any of the Client’s expenditures caused by the Client’s failure as long as they were not approved by TIME FOR SLOVAKIA in advance.
12. SPECIAL PROVISIONS
12.1 The Clients are aware of the fact that TIME FOR SLOVAKIA shall save the basic personal data about the Client in its database and may use them for marketing purposes. TIME FOR SLOVAKIA shall save these data in accordance with the Personal Data Protection Act (the Act No. 428/2002 of the Legal Code) and agrees not to provide these data to any third party except in cases specified by the law. The Client is entitled to request from TIME FOR SLOVAKIA information on the personal data saved by TIME FOR SLOVAKIA about the Client and ask for their deletion or change if they are not correct, or if they were acquired illegally.
12.2 Whilst processing the Client’s personal data, TIME FOR SLOVAKIA shall be obliged to ensure that the Client suffers no injury to his rights, especially the right to preservation of human dignity and to ensure protection against unauthorised encroachment into his private and personal life.
12.3 These general conditions of the Contract of TIME FOR SLOVAKIA are valid for participation on all tours carried out after 1st February 2015 and are a part of the Tour Contract, unless a different scope of mutual rights and obligations is agreed or specified by TIME FOR SLOVAKIA in writing. Ordering the tour the Client confirms that these general conditions are known to the Client, that the Client understands them and agrees with them, and consequently also accepts them.
12.4 All relations between TIME FOR SLOVAKIA and the Client which are not regulated by this Contract and the relevant conditions shall be governed by the legal regulations valid on the territory of the Slovak Republic.
Done in Nitra on 1st February 2015.