General terms and conditions
I. Trip procurement contract and TOURISM SERVICE PROCUREMENT CONTRACT
- For the purposes of the General Contractual Terms(hereinafter “GCT”), the procurer of the trip or tourism service (Hereinafter “Travel Agency”) is company Fun&Travel, s.r.o., seated Kladenská 16, 040 18 Košice – mestská časť Krásna, ID No.: 51 271 974, registered in Business register of District Court Košice I, Section: Sro, Insert No.: 42940/V.
- For the purposes of the GCT, person ordering a trip or a tourism service (Hereinafter “Client”) is person that concluded a trip procurement contract or tourism service procurement contract with the travel agency (Hereinafter “Contract”) or a person on favour of whom the Contract was conclude, or a person that the trip was transferred to in accordance with article III sec. 1 let. d). In case when there are more people on the part of the Client, they are referred to in singular and in such case, all of the subjects on the side of the Client are obliged to fulfil their obligations jointly and severally.
- Contract is concluded between the travel agency and the Client on the basis of fully filed in and signed Contract confirmed by the Travel Agency. Contract filled in and signed by a legal representative or an appointed representative is considered as a Contract concluded in accordance with the GCT.
- Filled in form representing interest of a Client to conclude a Contract with the Travel agency after the confirmation of such order by the Travel Agency is consider as a Contract concluded in accordance with the CCT.
- Upon the signing of a Contract a Client confirms, that he is on the basis of legal reason or appointment authorized to conclude a Contract on behalf of other person (§ 2 let. b/ of Statute No. 170/2018 Z. z.) and represented person agreed to partake on the trip. Client declares, that he has in his possession Consent for personal data processing from such person a has inform such person about the processing conditions in accordance with a Contract and Information on personal data processing of the travel agency. All relevant written documentation and information provided by the travel agency – specifics on the trip and ordered services are inherent part of a Contract.
- By the signing of a Contract Client confirms that he familiarized himself with the contents of a Contract and all of its parts (article I. sec. 1.5.) agrees with them without reservation. Furthermore, he confirm that he familiarized himself with the contents of GTC, Price, Payment and delivery conditions and Information on personal data processing of the travel agency.
- Contract can be concluded even without direct contact. On all contracts concluded via phone, postal communication, electronic communication, internet or other means without direct contact GCT applies for every legal relationship established in a way specified in this part of the GCT.
II. PRICE OF TRIP AND SERVICES
- Price for a trip and all service ordered by a Client or are a part of a trip (Hereinafter “Price”) is a total price stated in a Contract. Client has a claim only to discounts provided by the travel agency that are valid on the day of the Contract conclusion, when a Client has to apply for a discount, otherwise any discount does not apply. When more than one discount is available, Client can decide which of the discount he will apply for, if the Parties did not agree differently. Accumulation of discounts is not possible. Price does not contain costs of a Client resulting from passport, tariff or other legislation of the destination country, if parties did not agree differently.
- Discount depended on the age of children, age of a children is considered up to last day of a trip/tourism service.
- Right for full provision of ordered services is established upon full payment of the price for a trip and when all other conditions for service provision are met.
- Travel agency has right to demand an advance for the price, amount of which is set by the actual selection list published on the website. Travel agency can set the advance up to 100% of the total price of a trip or tourism service.
III. Rights and Obligations of Client
- Basic right of Client are:
- Right to proper provision of a fully paid for trip o services
- Right to proper provision of information regarding the trip or ordered services (that are known to the travel agency as well as information on change that became known to the travel agency on a later date.
- Right to withdraw from a Contract at any time without specified reason before the start of services in accordance with article VI. of GCT.
- Right to inform the travel agency in writing that a trip will be attended by a different person specified in such notice; notice can be made by a Client 10 day before the start of a trip o tourism service. Notice must contain specific consent of a new Client with the concluded Contract and declaration that he meets all required conditions of a trip participation or all conditions for a tourism service. On the day of the delivery of such notice, person specified becomes Client and enters into all rights and obligation of the former Client, while they are jointly and severally responsible for the payment of the price of a trip or tourism service and costs resulting from such change to the travel agency. When the price for ordered services and costs resulting from the change on ta part of Client is not paid full, section 9 of Price, Payment and delivery conditions applies. Aforementioned applies to cases where the travel agency is able to secure change, if change is not possible, travel agency notifies Client of the situation where the change is not possible. Travel agency charges each change on the part of Client in the sum of real costs of such change, minimally 30 EUR per person.
- Rights to claim deficiencies and faulty provision in accordance with Article VII. Of GCT.
- Right to receive confirmation about compulsory insurance of the travel agency or a bank guarantee for the case of insolvency, in accordance with Statute No. 170/2018 Z. z. and other legislation, where such duty applies.
- Right to receive contact information of the Travel agency, where a Client can reach person in case of emergency during a trip who is eligible to handle any claim. If personal data of a natural person were provided, Client declares that he has consent for personal data processing that he can produce upon request from the Travel agency and has informed such person about the personal data processing conditions.
- Basic obligations of a Client are:
- To provide the travel agency with cooperation needed for proper procurement of a trip and ordered services, mainly to provide the travel agency with full and truthful information for the purposes of a Contract and other necessary documents as well as producing ale other relevant documents needed for the provision of the services. In case of non-compliance Client is obliged to pay all costs and damages resulting from providing the travel agency with incomplete and untruthful information.
- To inform the travel agency the attendance of foreign person, otherwise Travel agency is not accountable for proper provision of a trip or a tourism service to a foreign person. Foreign person is responsible for meeting all requirements needed for attendance (e.g. passport, tariff and other legislation of a destination country) that are required for proper provision of services.
- To pay the price fully for ordered services connected with a trip in accordance with Price, Payment and delivery conditions and if needed prove such claims with a proof issued by the travel agency; otherwise the travel agency can withdraw from a contract and has a claim to Withdrawal fee as well as to damages done by such action.
- In eventual changes regarding a trip or ordered services inform travel agency about such changes, not later than on a date set by the travel agency.
- Take over all of documents necessary for proper provision of paid for services and check if information on these documents are correct
- If any inaccuracy of information in accordance with article III. Sec. 2 let. e) is found, Client is obliged to inform the travel agency immediately.
- During the provision of services abide by the instructions and information provided by the travel agency or its representatives of the travel agency in Slovakia and abroad, abide by timetables and places of departure and on their our responsibility secure all necessary travel documents and meet other conditions needed for the proper provision of services (passports, visas, insurance documents, vaccination etc.).
- Abide by the instruction of a guide or a representative of the travel agency abide by a timetable of a trip and relevant legislation of a destination country; in case of breach of serious disorderly breach of schedule of a trip, Travel agency can deny provision of services to Clients in a breach, where such Clients lose the right to attend a service without any right for reimbursement
- To be responsible for his own action and pay any eventual damages done during a trip or tourism service during to transportation, to accommodation or other person.
- Secure an adult person supervision to guide minors younger than 15 years as well supervision for people whose health requires assistance of such person.
- Abide by the safety instructions and directions related to travel security, as well as to follow instructions issued by transportation personal, to respect no smoking directive in transportation, act in a non-aggressive manner towards other travellers and act in accordance with good manners in all aspects. Failure to comply dismisses any responsibility of the travel agency for non-participation in a service or proper usage of services provided.
IV. TRAVEL AGENCY OBLIGATIONS
- Basic obligation of the travel agency are:
- To provide the Client with a name, address and phone number (Article III. sec 1 let. g) not later than 7 days before the star of the services provision.
- To have Insolvency insurance for the duration of a trip.
V. CHANGES OF ORDERED SERVICES
- Before the start of a trip:
- In case of circumstances, where the travel agency cannot provide trip or a tourism service in accordance with a Contract, Travel agency is obliged to secure the change or to terminate such services, while the travel agency is obliged to inform Client as soon as possible.
- When a trip or a tourism service is terminated by the travel agency, when the date of services provision changes by more than 48 hours or when there is serious change of schedule, categories of accommodation, transportation and price for the services provide, while change to a destination and accommodation for similar or better is not considered serious change, change of the order of visiting, change of transportations means on the basis of security or congestion or other reasons, change of departure and arrival when free transportation to and from original destination is secured, change of the price for a trip is change by more than 10%, Travel agency offers a Client a change to a contract. Client has a right to choose whether to withdraw from a Contract or to transfer paid price for a trip towards other services.
- Travel agency reserves a right to cancel a trip or a tourism service, when the minimal number of participants set by the GCT or by Actual selection list of the travel agency has not been reached, while the travel agency is obliged to inform all participants about such occurrence not later than 7 days before the provision of services.
- During provision of services:
- Travel agency can make operative changes to a schedule of a trip and services provided based on weather reasons, vis maior reasons, decisions of local authorities or extraordinary circumstances, not depended on the will of the travel agency and cannot be foreseen by the travel agency, while travel agency is obliged to:
- Secure alternate schedule and service in the scope and quality comparable or better to the ordered services (e.g. alternate accommodation in similar or better hotel), all other claims are excluded, or
- To reimburse the price for services not provided, or service not compensable by alternate services, or
- Provide a Client with a discount form the price paid for services not provided fully or services not alternatively provided, or
- Provide a Client with help immediately.
- Travel agency is not liable for consequences of changed or not-provided services or schedule, by an event that could not be prevented despite all effort or consequence caused by unusual or unforeseeable circumstances (e.g. delay of transportation caused by technical difficulties, weather, traffic situation, decision of the transportation provider, strike and other circumstances on the part of the travel agency).
- Client acknowledges that during the provision of services containing accommodation the first and a last day is dedicated to transportation, so that any claim made on the basis of shortening of the duration of a trip with the aforementioned reason is unfounded.
VI. WITHDRAWAL FROM CONTRACT AND WITHDRAWAL FEE
- Client has a right to withdraw from a Contract any time before the consumption of services, by the means of written notice, effective on the day of delivery of notice to the Travel agency or in person to any office of the travel agency. When withdrawing from a contract, Client is obliged to pay the travel agency following withdrawal fee for exercising a right to withdraw (sums are for 1 person regardless of age):
- Real costs, at minimum 30 % of the price of a trip, when a Client withdraws more than 46 days before the consumption of services,
- Real costs, at minimum 40 % of the price of a trip, when a Client withdraws between 45 and 30 days before the consumption of services,
- Real costs, at minimum 50 % of the price of a trip, when a Client withdraws between 29 and 15 days before the consumption of services,
- Real costs, at minimum 80 % of the price of a trip, when a Client withdraws between 14 and 6 days before the consumption of services,
- In the full price, when a Client withdraws 5 days and later before the consumption of services.
- When one of Clients of a Contract terminates participation on a trip (e.g. termination of one person in 2-person bedroom) and parties do not agree differently, such Client is obliged to pay withdrawal fee as well additional fee for 1-person room, this applies to accommodation for more people or with set number of people. For the assumptions on number of days for the purposes of calculating withdrawal fee, set day is the day when the withdrawal became valid and effective. Same applies when one Trip procurement Contract is terminated where such Client had common accommodation with another Client on the basis of other Trip procurement Contract.
- When a Client does not attend a trip or does not start with consumption of provided services based on any reason or on individual decision of a Client, Client does not have any right to reimbursement for unconsumed services.
- When a Client files for a change of date or change of accommodation and the travel agency is able to procure such change, process is same as when a Client withdraws for a Contract a fills up new order. Withdrawal fee applies, when Parties did not agree differently.
VII. PRODUCTS AND DEFINITION OF PRODUTS
- Travel agency with aim to properly identify offers following products:
- Tourism service named as Dance, Twist and Twirl”, “Slovak Craft and Art”, “ Bounce Chicks”, “Laughter yoga”, “Relax Yoga”, “Wanders in city”(consists of a culture entertainment that is shorter than 4 hours for at least 15 a at most 25 people, content of this services is created and ruled by the current selection list of the travel agency,
- Trip named as „Movie Location Tour“, “Tokaj Wine Tasting tour”, “Historic tour”, Natural Wonders Tour”, “Luxury tour” – consists of a culture entertainment together with transportation that is longer than 4 hours and shorter than 16 hours without accommodation for at least 15 people and at most 27 people, content of this services is created and ruled by the current selection list of the travel agency
- Other products offered by the travel agency that are published on the website of the travel agency and are mentioned in the document specified as Information on current offer.
VIII. WARRANTY CLAIM PROCEDURE AND LIABILTY
- When the scope and quality of provided service is objectively lower than agreed upon standard, Client has right to seek remedy and removal of faulty service. This right has to be claimed immediately directly with the travel agency or a representative of the travel agency, together with whom a written record of faulty service is produced. Client acknowledges and agree that a written record is not a warranty claim in accordance with legislation.
- If the travel agency does not secure a remedy properly and in timely manner, Client must file warranty claim within 3 month of the end of the services consumption, or if service were not consumed at all, 3 months from the day services should have been consumed, otherwise right to file a claim expires. To accept faulty service, Client will produce written record produced in accordance with previous section. If the warranty claim is legitimate, Client has a right to be provided with a discount in sum represented by a difference between provided services and ordered services.
- Travel agency is not liable for damages caused by a breach of obligations during the provision of services or withdrawal from a Contract if travel agency did not cause damage, nor business partners and damages were caused by a Client or a third party no connected with the provision of services o by circumstances not preventable despite all the effort or as a direct result of unusual or unforeseeable circumstances.
- When dealing with a warranty claim, Client je obliged to provide the travel agency with maximum cooperation to effectively remove or prevent any damages or to mitigate the scope of damages.
- Travel Agency is not liable for the quality of services ordered by a Client with third parties. Amount of damages and all other claim related to flight transport that is a part of services provided (loss, damage, delayed loading of luggage, transport delay, flight date change etc.) is governed by competent legislation for flight transport.
IX. POISTENIE PROTI INSOLVENTNOSTI OBSTARÁVATEĽA
- Travel agency fulfilled his obligation regarding compulsory insolvency Insurance for travel agency for potential insolvency in accordance with Statute No. 170/2018 Z. z., on basis of which a Client will be provided subsidiary fulfilment(transport to Slovakia including necessary accommodation and catering until departure within 24 hours of notice, reimbursement of unconsumed services) in case when the travel agency on the basis of insolvency::
- Does not secure repatriation, if such is part of trip, or tourism service that the travel agency should have secured as a part of connected tourism services,
- Does not reimburse Client advance or a price for a trip when a trip was cancelled, or does not reimburse payment accepted by the travel agency for tourism service, which is a part of connected tourism services provided by the travel agency and was not provided at all, ,
- Does not reimburse a Client with a difference between paid for services and services partly provided by the travel agency to partly provided tourism service if a trip or a tourism service, which is a part of a connected tourism services provided only in part.
X. ZÁVEREČNÉ USTANOVENIA
- Effectiveness of GCT applies to trip and services provided by the travel agency with exception when the travel agency and a client agree upon different berth of mutual rights and obligations.
- All information and facts contained on the website of the travel agency (www.trueslovakia.com), and in Information on current offer about services, price and travel conditions known in the time of printing and the travel agency reserves a right to change the contents until the time of conclusion of Trip procurement Contract or Tourism service procurement contract with a Client. Travel agency is not responsible for content of advertisement published in Information on current offer and other material published by the travel agency and are provided to third parties and is not responsible for the nature of information shown in document that are not published by the travel agency and cannot be influenced by the travel agency.
- Services provided by the travel agency are aimed towards people who have reached 18 years of age. Travel agency in accordance with Regulation on general data protection and Statue about personal data protection Client provides the travel agency with personal data for the purpose of conclusion of a Contract, fulfilment and additional confirmation of conditions of such Contract, order processing, realization of fulfilment, accounting and essential communication with Parties. Condition of personal data processing are specified in the Information on personal data processing by the company Fun&Travel s.r.o. published on the website of the travel agency.
- After the consumptions of services provided by the travel agency, email can be sent to a Client with a questionnaire solely to confirm the quality of provided services.
- GCT are drafted in two language version, in Slovak and English language. In case of discrepancies between versions, Slovak version takes precedence.
- GCT are effective on 15th March 2019. All information published on the website of the travel agency (www.trueslovakia.com) in the Information on current offer as well as individual provisions of this terms are current to the day of processing, day when they are printed and are based on circumstances and legal status valid to the day of the actualization a publishing.
Price, payment and delivery conditions
Of travel agency Fun&Travel, s.r.o. seated Kladenská 16, 040 18 Košice – mestská časť Krásna, ID No.: 51 271 974, registered in Business Register of District Court Košice I, Section: Sro, Insert No. 42940/V.
- Prices for a trip or ordered tourism services is a whole sum agreed upon between Travel agency and a Client that is specified in a Contract confirmed by the travel agency. Client can apply and is eligible for a discount provided by the travel agency based on the current selection of discount provided by the travel agency in the time when the service is ordered; otherwise discount do not apply. When there are multiple choices for a discount, discounts do not stack and the Client can choose a more advantageous discount, this does not apply when the agreement with the travel agency is different. Discount cannot be applied for after the fact. Price for the trip does not include travel insurance, airport fees and services specified as a services for additional payment when the selection or written offer of the travel agency do not say different. These fees are taken into account during the price calculation of the total price for the trip or tourism service and are always incorporated into total price of the trip or tourism service or a service specified in the Contract.
- Travel agency is eligible for unilateral increase of the price for the trip or tourism service when:
- There is an increase in a price for transport; increase in the fuel price included;
- There is an increase in payments for services connected to transport, which are included in the total price for a trip,
- There is change in the exchange rate of EUR against other foreign currencies used for setting of the price of the trip more than 5% on the average; applies only when the change occurs 21 days before the start of the trip.
- When there is a price increased based on the circumstances specified in the Article 2, Travel agency can notify Client by the means of written notice send via post, fax or e-mail at the very least 21 days before the of the trip o tourism service; notice must contain detail specifications and causes for the price increase. Travel agency can increase the price of the trip or tourism service in the sum of difference in prices in accordance with article 2 sect. a) and b) and the price for the services and payments agreed upon in the Contract or increase in the sum of price difference in accordance with article 2 sec. c) represented by a sum equal to the increase in the exchange rate used for setting the price for the trip on the conclusion of the Contract by a rate higher than 5% in accordance with article 2 sec. c). Client is obliged to pay the difference immediately, at the latest in the time set by the travel agency in the written notice about increase in the price, otherwise the travel agency is eligible to withdraw from the Contract.
- Right of the Client to the proper provision of ordered services is established after the full payment of the total price for the trip or tourism services and after fulfilment of other conditions for the provision of services which the Client must fulfil, does not apply when there is a different agreement between Parties.
- Travel agency can request from the Client an advance for the price for the trip in accordance with the Article 2 section 2.4. of General contractual terms (Hereinafter “GCT”). Rest of the price for the trip not covered by the advance is due not later than 30 days before the start of the trip or tourism, when there is no other agreement between Parties.
- When the Contract is concluded in a time period shorter than 30 days before the start of the trip or tourism service, Client is obliged to pay the total price for the trip or tourism service on the day of the signing of the Contract.
- The payment can be made in cash, via credit card, if such service is provided by the travel agency, via bank transfer, via postal voucher, via internet payment gateway or via internet payment service (PayPal). Day when the payment for the trip or tourism services are deposited to the bank account of the travel agency or received in cash is considered the Day of the payment. Travel agency reserves the right to determine the method of the payment for specific products of the travel agency, where the following products are paid for:
- Payment for the service „Dance, Twist and Twirl”, “Slovak Craft and Art”, “ Bounce Chicks”, “Laughter yoga”, “Relax Yoga”, “Wanders in city”(3-hour activity) can be made via internet payment gateway provided by the travel agency or via internet payment service (PayPal)
- Payment for the service „Movie Location Tour“, “Tokaj Wine Tasting tour”, “Historic tour”, Natural Wonders Tour”, “Luxury tour” (1-day trip) can be made via internet payment gateway provided by the travel agency or via internet payment service (PayPal)
- Travel agency reserves the right to determine other internet payment service methods for the products by the means of individual decision.
- In the case of non-payment for the trip or tourism service in the time limit set by these conditions or by the agreement of the Parties, any legal relationship between travel agency and Client is terminated. Client is obliged to pay the travel agency all costs related to the non-compliance of the Client. Costs compensation does not affect the right of the travel agency to file for damages and lost profit.
- After the total price is paid for the ordered services by the Client, Travel agency is obliged to provide the Client ordered products, trip or tourism service in accordance with the Cotnract concluded between the Parties.
- The conditions are valid from 15th march 2019 or on the day when they are published on the website of the travel agency.