Cancellations and payments

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1. Opening Provisions

1.  These general terms and conditions (hereinafter “GTC”) form an integral part of the contract on the arrangement of a tour concluded between the travel office Dobrodružstvo Garrettovcov s.r.o. (hereinafter “Jasna Adventures”) and the client and refer to the arrangement of tours organized by Jasna Adventures. They also apply to additional services as far as a separate contract has not been entered into in relation to these services.

2. Conclusion of the Contract

1.  The contractual relationship between Jasna Adventures and the client is concluded by the contract on the arrangement of a tour (hereinafter “Contract”), according to which Jasna Adventures arranges a tour (package holiday) for the client and the client pays the agreed price.

2.  The Contract is concluded in writing or by an order sent by the client in electronic form which is confirmed by Jasna Adventures and delivered to the client.

3.  In case services are ordered which are not included in the catalogue or website of Jasna Adventures, the contractual relationship is concluded by sending a binding order (on the basis of an offer submitted by Jasna Adventures) which is confirmed by Jasna Adventures.

3. Additional Services

1.  Additional services are services that are not part of the tour and which Jasna Adventures provides to increase the comfort, e.g. transfer from the airport of arrival / departure, travel tickets, ski passes, travel insurance. Ordering of additional services has a character of a special contract incorporated into the Contract. Cancelation of additional services or failure to perform an additional service does not provide the client with a right to withdraw from the Contrac in its entirety. 

4. Price of the Tour and Payment Conditions

1.  The price of the tour is a contractual price agreed between Jasna Adventures and the client in the Contract. Jasna Adventures is entitled to be paid the price of the tour as well as any additional services prior to their provision.

2.  The client is entitled only to those discounts offered by Jasna Adventures which are in force at the date of the conclusion of the contractual relationship. When providing discounts for children, the age of the child on the first day of the tour is relevant.

3.  Jasna Adventures is entitled to require the client to pay the price of the tour and the additional services in advance, within 10 days from the date of order but not later than on the first day of the tour.

4.  In case of non-payment of the tour price by the client on the agreed date, Jasna Adventures is entitled to withdraw from the contract and demand from the client a cancellation fee in the amount specified in Article 8 of these GTC.

5.  In the event of withdrawal from the contract, Jasna Adventures shall return to the client without delay the tour price minus the cancellation fee unless agreed otherwise.

6.  Atleast 21 days before the tour, Jasna Adventures is entitled to unilaterally increase the price of the tour in case of fluctuation of the exchange rate of the euro used to determine the price by more than 5% between the price determined by the increased and the original exchange rate.

7.  Notice on the increase of the price is sent by Jasna Adventures to the client at least 21 days before the tour. The client is obliged to pay the price difference immediately, not later than on the date specified in the notice on the price increase, otherwise Jasna Adventures is entitled to withdraw from the contract.

8.  If Jasna Adventures is forced to change the price for reasons other than those referred to in paragraph 6 of this article, Jasna Adventures may propose a change of the Contract to the client. The client is not required to accept an amendment of the contract in such case.

5. Rights and Obligations of Jasna Adventures

1.  Before the conclusion of the Contract, Jasna Adventures is required to inform the client of all facts available to it which may affect the decision of the client to buy the tour.

2.  Jasna Adventures is not obliged to provide the participant of the tour services in excess of those previously confirmed and paid for.

3.  Jasna Adventures is obliged to conclude a contract on the compulsory insurance of the tour.

4.  At least 7 days before the tour, Jasna Adventures shall provide to the client in an appropriate form further details about all the facts that are important for the client and which Jasna Adventures is aware of if they are not already contained in the Contract or in the catalogue, which was handed over to the client. This includes in particular:

(a)  specification of the information regarding the tour;

(b)  details of the contact options to reach minors or representative of Jasna Adventures in the place of residence of a minor if the tour participant is a minor;

(c)  name, place of residence or contact address and telephone number of the representative of Jasna Adventures who the client can address in case of difficulty during the tour and ask for help and who is authorized to receive and process customer complaints during the tour;

(d)  all necessary documents needed by the client to provide the services (e.g. voucher for the hotel agreed to provide accommodation and meals, document to show to the representative of Jasna Adventures in order to provide excursions.

5.  In case of a serious breach of contractual termsJasna Adventuresis entitled to terminate the Contract and withhold the provision of services in part or in entirety prior to and during the tour. In case of such serious violation of contractual terms, the client is not entitled to a financial or other compensation for unused services. Serious breach of contractual terms shall include especially the following situations:

(i) concealment or failure to disclose facts by the client that prevent or hinder the fulfillment of obligations by Jasna Adventures (deportation, entry ban, prohibition of residence, detention, arrest by authorities of the host country in connection with the offenses committed by the customer, etc.); 

(ii) the client or other participant of the tour damages the provided accommodation, its accessories, common areas or common facilities in the accommodation or disrupts the peaceful enjoyment of the holiday of other accommodated persons or owners of the place of accommodation, endangers the safety or violates good manners at the place of accommodation.

6.  If, after the start of the tour Jasna Adventures does not provide services to the client or a substantial part thereof properly and on time or discovers that it is unable to provide the services which were contractually agreed, Jasna Adventures shall take such measures in order for the tour to continue. If the tour can continue only by providing services of a lower quality than those specified in the Contract, Jasna Adventures is obliged to pay to the client the difference between the price of the offered and provided services. If the services cannot be provided or the client does not accept the services of a lower quality, Jasna Adventures shall return to the client the price of the service.

6. Rights and Obligations of the Client

1. The basic rights of the client include:

(a) right to be provided the contractually agreed services;

(b)  right to additional information which was not mentioned in the catalogue that are important for the client and known to Jasna Adventures;

(c)  right to be informed of the potential changes of the tour, the scope of services and prices;

(d)  right to withdraw from the contract at any time before the tour in accordance with and subject to the conditions laid down in Article 8 of these GTC;

(e)  right to make a complaint in accordance with Article 9 of these GTC;

(f)  send a written notice to Jasna Adventures not later than 20 days before the tour that another person will take part in the tour instead (the original client and the new client are jointly and severally liable for payment of the tour price and reimbursement of the costs in connection with the change of the client);

(g)  right to receive more detailed information that is important for the client and which is known by Jasna Adventures at least 7 days before the tour, unless the information is already contained in the Contract or in the catalogue. These details - instructions for the tour - are sent by Jasna Adventures by email or by regular mail to a single address specified by the client. If the client does not notify Jasna Adventures at least 7 days before the tour that he did not receive the information on the tour, it is understood that the client was provided with complete instructions. If the client notifies that he did not receive the instructions, Jasna Adventures will arrange for a remedy;

(h)  the right to receive evidence of contractual insurance of the tour issued by the insurer or other form of guarantee in case of bankruptcy of Jasna Adventures.

2. The main obligations of the client include:

(a)  the obligation to provide necessary cooperation to Jasna Adventures which is required for the proper provision of services, especially to truly and completely fill in the required information and submit all necessary documents as required by Jasna Adventures;

(b)  pay the full price of the tour;

(c)  report participation of foreign nationals who must secure themselves the transit or entry visa for travel and stay;

(d)  to appear in due time to the designated location ready to receive the agreed scope of services; in case of delay caused by the client to receive the agreed services, the client has to arrange the transportation on his own expense and responsibility to the place of the scheduled services without the right to a refund of the amount corresponding to the non-received services for reasons on the side of the customer;

(e)  follow the instructions of Jasna Adventures and its representative, observe the specified schedule, applicable regulations of the visited country and accommodation facility, especially accommodation policy and transport policy, to behave in accordance with good morals, to compensate the damage caused to equipment or means of transport throughout the duration of the tour;

(f)  to carry an identity document or passport, the validity of which is determined by the host country, as well as a valid visa if the passport and a valid visa are required in the particular case; observe the immigration and customs regulations of the host country;

(g)  to refrain from acts damaging or limiting the other tour participants or other persons to whom Jasna Adventures provides services on the same site as the client;

(h)  promptly report a change in the personal data contained in the Contract, especially contact address, phone or other contact, etc. for the purpose of fulfilling contractual obligations and for the purpose of contacting the client by Jasna Adventures;

(i)  promptly notify to Jasna Adventures or its representative facts that limit, prevent or adversely affect the performance of Jasna Adventures resulting from the Contract, particularly facts relating to health, dietary and legal issues (deportation, entry ban, prohibition of residence, etc.). In case the client fails to notify such issues he/she shall bear any resulting negative consequences.

3.  The obligations of the client – legal person further include:

(a)  inform all participants of the tour about these GTC and other information received from Jasna Adventures;

(b)  deliver to Jasna Adventures the list of names of the tour participants with data according to the requirements of Jasna Adventures;

(c)  ensure that all participants comply with the basic obligations of tour participants that require their personal interaction.

7. Change of the Agreed Conditions

1.  If Jasna Adventures is forced to change the essential terms of the contract before the tour, it shall propose to the client an amendment of the Contract. If the proposed change also alters the price of the tour it must inform the client about the new price. The client is entitled to decide either to accept the agreement or change or withdraw from the contract without paying a cancellation fee. The client must notify its decision to Jasna Adventures in the set time limit. If the client fails to notify his/her decision to Jasna Adventures within the set time limit, it is considered that he/she is withdrawing from the contract without paying a cancellation fee. For the purposes of the contract and in accordance with the law, the alteration of the essential terms of the contract means a change of the provisions which the Contract must include (in accordance with the relevant provisions of the Act No. 40/1964 Coll., Civil Code, as amended [hereinafter “Civil Code”]).

2.  Jasna Adventures has the right to cancel the tour which is the subject of the contractual relationship entered into between Jasna Adventures and the client if the tour does not reach the minimum number of tour participants, or in other cases where the execution of the tour is unprofitable for Jasna Adventures in the particular case. If Jasna Adventures cancels the trip, it is obliged to notify the client without undue delay.

3.  If Jasna Adventures terminates the contract due to cancellation of the tour before it begins or if the client does not agree with the proposed amendment to the Contract in accordance with paragraph 1 of this Article, the client has the right to request that Jasna Adventures provides another tour at least in quality corresponding with the services agreed in the original Contract if Jasna Adventures can offer such a tour. In case of conclusion of a new Contract, payments made under the original Contract are considered payments under the new Contract. If the price of the new tour is less than the payments already made, Jasna Adventures is obliged to return the difference to the client without delay.

4.  If the reason for withdrawal is breach of the obligation of Jasna Adventures or if a new Contract in accordance with paragraph 1 of this Article is not concluded, Jasna Adventures shall return to the client the whole amount received from him/her as payment for the tour pursuant to the canceled Contract, whereby the client is not required to pay a cancellation fee. For the purpose of this provision, the following is not considered as breach of the duty of Jasna Adventures: a change of venue and accommodation if the arranged alternative accommodation is of at least the same class and in a similar location; changing the order of places visited; change of transportation vehicles due to security or other operational reasons; change of the points of departure and arrival, provided that a free transport to and from the original location is secured; rerouting the tour.

5.  Jasna Adventuresis entitled to make operational changes of the tour schedule and the provision of services where, for objective reasons of force majeure, climatic reasons, the decisions of government and other relevant authorities or exceptional circumstances that Jasna Adventures cannot control, the original schedule and travel services cannot be provided. In case this will decrease the quality or extent of the services, Jasna Adventures is obliged to return to the client the corresponding difference in price without delay.

6.  Jasna Adventures reserves the right to cancel the trip due to events that it did not cause, which cannot be avoided even with all effort (force majeure) and which prevent or substantially restrict the execution or completion of the tour and the safety of participants. Jasna Adventures is obliged to return to the client the paid price of the tour.

7.  On the basis of individual customer wishes Jasna Adventures is ready, if possible, to make changes to the terms agreed in the Contract. Making these changes can be subject to payment of all costs incurred to Jasna Adventures in connection with such changes.

8. Conditions for Withdrawal from the Contract by the Client and Cancellation Fees

1.  If the client exercises his/her right to withdraw from the Contract at any time before the beginning of the tour and the reason for withdrawal from the Contract is not a breach of the duty of Jasna Adventures, or if Jasna Adventures withdraws from the Contract due to a breach of duty by the client, the client is obliged to pay a cancellation fee to Jasna Adventures (which has a legal character of a contractual penalty) under the following conditions:

(a)  the client is obliged to deliver to Jasna Adventures a notice of withdrawal (cancellation); the day on which the notice of the withdrawal is received by Jasna Adventures shall determine the amount of cancellation fees;

(b)  the client is required to pay a cancellation fee which is calculated according to the time of withdrawal, determined by the number of days remaining until the beginning of the tour: If the client withdraws from the contract, he/she must pay to Jasna Adventures the following fees:

(i) 180 or more calendar days before the date of commencement of tour – FREE 

(ii) 179 – 60 days before the date of commencement of tour – Loss of deposit 

(iii) 59-30 calendar days before the date of commencement of tour - 50% of the total  

(iv) less than 30 calendar days before the date of commencement of tour - 100% of the total price of the tour 

2.  If the client does not arrive at the place of accommodation without prior termination of the contract, Jasna Adventures is entitled to 100% of the tour price and additional services.

3.  The notice of withdrawal shall be sent by the customer by an e-mail to Jasna Adventures or delivered by other verifiable means. Effects of withdrawal occur on the date of its delivery to Jasna Adventures.

4.  The cancelation fee does not exclude the right to compensation if the damage caused by the withdrawal from the Contract by the client is higher than the agreed contractual penalty.

5.  If the client is forced to cancel the participation in the tour due to exceptional and verifiable reasons, he/she can claim compensation for the cancellation from the insurance company as far as he/she concluded an insurance contract in connection with the Contract which covers such claims.

6.  In order to determine the number of days before the tour to calculate the cancellation fees, the specified number of days also includes the date on which the withdrawal is received by Jasna Adventures. The day of commencement of the tour (which is agreed in the Contract) is excluded.

7.  If the client fails to arrive or misses the departure of the transport vehicle or if he/she does not make use of the agreed and paid services during the tour due to his/her own decision or his/her own fault, he/she is not entitled to compensation for the unused services.

9. Complaint with Respect to the Provided Services

1.  Jasna Adventures is liable to the client for breach of obligations arising from the concluded Contract regardless of whether such obligations are to be fulfilled directly by Jasna Adventures or other service providers who provide services during the tour.

2.  The client shall exercise the right to a remedy for an unduly provided service without delay with the service provider or the representative of Jasna Adventures so that the issue it can be immediately rectified. If a remedy cannot be provided immediately, Jasna Adventures representative shall write down a record together with the client (complaint protocol) indicating the tour, the complaining person and the subject of the complaint. The protocol is signed by Jasna Adventures representatives or supplier of services and the client. If the client fails to raise a complaint in time due to his own fault or does not provide the assistance necessary for rectifying the complaint and drafting the record of the complaint (complaint protocol), the delayed claims and claims without prover evidence cannot be properly remedied by Jasna Adventures. If the complaint is incomplete or incomprehensible, Jasna Adventures will notify the client to complete or correct the claim within 3 days, while at the same time Jasna Adventures will inform the client how to supplement or correct the complaint. This does not affect the obligation of Jasna Adventures to resolve the complaint within the statutory period.

3.  If Jasna Adventures does not fulfil its contractual obligations properly and in time, the client is obliged to exercise his/her right in writing without delay and not later than three months after the end of the tour or if the tour did not take place, the date on which the tour should end according to the Contract, otherwise the right expires. In order to accept the complaints of incorrectly provided services a written complaint protocol drawn up in accordance with paragraph 2 of this Article shall be produced by the client.

4.  The first and last day of the tour is designated primarily for transport and check-in at the place of accommodation. Tour participants are accommodated on the first day of arrival at 2 p.m. and shall leave on the date of departure until 10 a.m. Early arrival and late departure is not a reason for the extended use of accommodation.

5.  Jasna Adventures does not guarantee the level of services that the client orders during the tour with another service provider beyond the contracted services.

6.  Jasna Adventures is not liable to the client for damage or non-delivery of ordered services:

(i) due to the occurrence of extraordinary circumstances (force majeure) without fault of Jasna Adventures which could not be foreseen; 

(ii)  caused by the client;

(iii)  caused by a third person not connected with the provision of the tour.

7.  Each client is personally responsible for compliance with emigration, customs, foreign exchange, health, transport and other regulations of the Slovak Republic.

10. Obligatory Contractual Insurance of the Tour

1.  Jasna Adventures had concluded a contract with an insurance company according to which the client has a right of compensation in case when, due to bankruptcy, Jasna Adventures:

(a)  does not provide transportation from the place of stay abroad to the Slovak Republic, if such transportation is part of the tour;

(b)  does not return to the client the advance on the price of the tour or if the tour did not take place;

(c)  does not return to the client the difference between the price paid and the price of the tour if the tour was provided only in part.

2.  Claims of the client incurred as a result of breach of Contract by Jasna Adventures, are assigned to the insurance company only in the extend provided by the insurance company. If the client provides for the transport and other essential services (hotels and restaurants) at his/her own expense, the insurance company shall grant an insurance claim only in the extent that they would have to bear if the transportation, accommodation and meals were provided by Jasna Adventures.

11. Travel Insurance of the Client

1.  Jasna Adventures recommends to the client to conclude a travel insurance that covers various risks (health, accident, loss of baggage, liability, trip cancellation, etc.) connected with the participation at the tour.

2.  The contractual relationship according to the insurance contract entered into for the purpose of risk coverage under paragraph 1 of this Article occurs directly between the client and the relevant insurance company. Jasna Adventures only provides necessary cooperation and is not authorised to comment on the circumstances of the insured event or the amount of the client’s claim.

12. Personal Data and Final Provisions

1.  Personal data (name, surname, address, date of birth, citizenship, passport / ID No., e-mail, beginning and end of tour, information about the visa and its validity if a visa is required) are obtained in accordance with the Act. No. 122/2013 Coll. on the Protection of Personal Data as amended, since the processing of personal data is necessary for the performance of the contract or pre-contractual relations between Jasna Adventures and the client for the purpose of safeguarding and providing the contracted services and to fulfil the obligations imposed by generally binding legal regulations and the aforementioned law for a period necessary for safeguarding the rights and obligations deriving from contractual relations between the client and TO, including making this information available to the business partners of Jasna Adventures solely for the purpose of ensuring contractual services for the client.

2.  The client declares that he is authorised by other tour participants whose personal data are specified in the Contract to provide their personal data and to process them. The client is responsible for the completeness, truthfulness and accuracy of the data provided in order to conclude the Contract.

3.  In the event of conflict between the Contract and these GTC, the contractual provisions shall prevail. The contractual provisions also have priority over the information given in the catalogue.

4.  In the event of any dispute arising out of or relating to the contract, these disputes should be settled primarily by agreement. If an agreement is not possible, the competent courts of the Slovak Republic shall have jurisdiction to decide the dispute.

5.  Legal relations that are not governed by the contract or these GTC shall be governed by the relevant provisions of Slovak law, in particular the relevant provisions of the Slovak Civil Code. If the client is entitled as a consumer within the meaning of Art. 6(2) of Rome I Regulation to protection under the law of his/her habitual residence, the rights of the client are preserved in case of mandatory provisions of such law. Jasna Adventures and the client hereby expressly agree to exclude any non-mandatory provisions of the law of the habitual residence of the client.

6.  These GTC come into effect on 1 November 2016. All information contained in the order catalogue is current as of the date of processing to print and is based on the facts and the law as at the date of issue.

7.  Jasna Adventures reserves the right to change the GTC and to change the information given in the catalogue (in case of provable and reasoned circumstances) until the conclusion of the Contract with the client.

Dobrodružstvo Garrettovcov s.r.o.

Adriana Garrett

Managing Director