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General Contractual Conditions for Participation in Tours Organized by Tour Operator ENJOY SLOVAKIA.
ENJOY SLOVAKIA s.r.o. is a business company offering products – tours to customers under conditions stipulated herein by means of web sites EnjoySlovakia.com (hereinafter referred to as the “Catalogue”).
The contract to be entered into between the contractual parties: a/ ENJOY SLOVAKIA s.r.o., with its registered seat at Muškátová ulica 16, 902 01 Pezinok, ID no.: 35861711 (hereinafter referred to as the “Company”), b/ the order party, being a natural person or a legal entity (hereinafter referred to as the “Client”) shall be concluded upon sending a properly filled-in order form (application) for a tour listed in the Catalogue in the electronic form by means of the Catalogue and upon payment of the relevant initial fee for the tour and upon subsequent confirmation of receipt the application by the Company in the same form. The contract shall apply to all persons mentioned in the application. The Client shall be liable for fulfillment of the contractual obligations by the persons specified in the contract as well as of the contractual obligations of the Client.
Price and Terms of Payment
The Company shall be entitled to increase the price unilaterally in case that charges related to the transport, such as airport fees, are increased, if included in the price for the tour. The Company may claim this increase only if the charges are increased any sooner than 21 days prior to the start of the tour. The Client must be notified of such increase by post, fax or email no later than 20 days prior to start of the tour, otherwise, the Company shall not be entitled to get paid the price difference. III. Rights and Obligations of Contractual Parties
2. The Client shall be entitled to:
4. The Company shall be entitled to:
The participants in the tour shall carry along all necessary traveling documents enabling them to enter all countries where the ordered tour shall be realized. The Company shall not be liable for any events in case that any of the Clients (participants in the tour) is not granted the right to enter the country. In that case the tour shall continue without these participants and they shall be responsible for their transport back to the country of origin. The Company shall be not liable for quality of external services and events exceeding the course of the tour and ordered by the order party with other persons or companies during the tour.
The Company shall be not liable for deficiencies related to the tour which are beyond its control, such as weather, traffic situation, state regulatory restrictions during the tour and other circumstances force majeure. The Client may also not claim any facts of which the Client was aware before the start of the tour. The Company shall not be liable for possible aircraft delays (caused by technical problems, weather conditions, operational reasons, overload of transport routes capacity etc.) and for losses caused thereby. In case of delay or earlier arrival/departure of the aircraft the Client shall not be entitled to any compensation for the time of waiting at the airport or for not provided services related to the stay, or to repudiate the tour contract. Owing to unexpected circumstances, such as weather conditions, waiting time on the border crossings, traffic obstacles, the planned time of transport may be extended. In case of delay of the transport vehicle, the Client shall not be entitled to receive any compensation for the delay or for not provided services related to the stay, or to repudiate the tour contract. The Client shall observe all transport conditions of the air carrier, transporting the Client on the tour, on the way back or during the tour. The Company shall not be liable for possible disputes or disqualification from the transport resulting from violating the transport conditions by the Client. The Company shall not be liable for any possible deficiencies caused by the air carriers. These deficiencies shall be claimed by the Client with the air carrier in accordance with relevant transport or complaint conditions. The Company shall be not liable for any damages not caused by the Company or its service providers and the damage was caused to the Client by a third person with no relation to the tour operation or by an event which could not have been prevented even if employing all efforts available or as a result of extraordinary and unpredictable events. V. Claims and Complaints All claims and complaints related to the provided service must be reported as soon as possible to hotline +421 903 711846. The Company shall subsequently start to deal with the reported complaint. The Company undertakes to use all means available to resume the standard quality of the tour. In case that the Client claims indemnification for not being provided the services properly etc. the Client shall after reporting the complaint by phone compose the claim in writing to contain all important information and deliver it by fax or post within 7 days from reporting the claim by phone. The claim may be filed in Slovak, German or English language. The Company undertakes to inform the Client on settling the claim within 30 days from its receipt. In case of a justified complaint the Company undertakes to reimburse the Client with the difference between the price for provided and declared services. The Company shall not reimburse the Client with any expenses paid improperly by the Client if not approved by the Company in advance.
The Company shall not be liable for health insurance of the Client (participants in the tour) or for possible loss of luggage in the course of the tour. The company recommends to the Client to effect such insurance before the start of the tour in the Client’s homeland. VII. Protection of Personal Data The Clients recognize that the Company stores basic personal data on the Client in its database and may use them for marketing purposes. The Company stores these data in accordance with Act on protection of personal data (Act no. 428/2002 Coll.) and undertakes not to provide these data to third persons except for necessary statutory reasons. The Client shall be entitled to ask the Company to be informed which personal data are stored and demand the data to be deleted or changed in case they are incorrect or retrieved illegally. VIII. Changes in Conditions and Cancellation of Contract
-30% of the total price for the tour in case of repudiating the contract more than 30 days before the start of the tour -50% of the total price for the tour in case of repudiating the contract 30 to 15 days prior to the start of the tour -100% of the total price for the tour in case of repudiating the contract less than 15 days prior to the start of the tour.
–force majeure– i.e. for reasons beyond the control of the Company such as natural disasters, wars and similar conflicts etc. -in case of insufficient number of participants in the tour as counted 7 days prior to the start of the tour In case of repudiating the contract by the Company, the Company undertakes to return the paid price for the tour in full to the Client within 15 days from repudiating the contract or to provide the Client with adequate compensation in the form of identical/similar tour for the same price. The amounts paid shall be returned in the same way as paid by the Client to the Company. The Client shall not be entitled to any interest on the amounts held by the Company. IX. Final Provisions
In Pezinok (SR) on August 1, 2003 |
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