Contractual Terms and Conditions of the Tour Operator Čedok a.s.

INTRODUCTORY PROVISIONS

These Čedok a.s. Contractual Terms and Conditions apply to trips, stays and tourism services offered by the tour operator Čedok a.s., Na Příkopě 18, 111 35 Prague 1, Czech Republic (hereinafter referred to as the “Terms and Conditions”) listed in the catalogue ‘The Czech Republic and Central Europe’ or in an offer of a different form (www.cedok.com, etc.).
These Čedok a.s. Terms and Conditions constitute an integral part of a travel agreement or another agreement concluded between the client and Čedok a.s.

Article I - PARTIES TO THE CONTRACTUAL RELATIONSHIP

Parties to the contractual relationship:

Čedok a.s., with its registered seat on Na Příkopě 18, 111 35 Prague 1, Czech Republic, ID no. 60 19 27 55, inscribed in the Commercial Registry maintained by the Municipal Court in Prague, Section B, Entry 2263 (hereinafter referred to as “Čedok”), and
The Client, either a natural person or a legal entity with the exception of a tour operator (hereinafter referred to as the “Client”).

Article II - SUBJECT OF THE CONTRACTUAL RELATIONSHIP

These Terms and Conditions regulate the rights and obligations of the contractual parties in the sale of:

A combination of tourism services in the Czech Republic or outside of the Czech Republic, i.e., combinations of tourism services compiled, offered and sold by Čedok for an aggregate price, which complies with the attributes specified for a package by the applicable laws of the Czech Republic (hereinafter referred to as “Package”)
or
Accommodation, catering, transport and other tourism services ensured by Čedok for its Clients in the Czech Republic and abroad as individual services, based on the Client’s individual wish or requirement (hereinafter referred to as “individual services”).

Based on the subject of the contractual relation, the Contractual Terms and Conditions specified below have been determined.

Article III - ESTABLISHMENT OF THE CONTRACTUAL RELATIONSHIP

The contractual relationship between the Client and Čedok, with a subject pursuant to Art. II (1), shall be established by the conclusion of the travel contract, i.e., by the acceptance of a travel contract signed by the Client and its confirmation by Čedok. The contents of the travel contract is determined by this contract, catalogue or another offer, with a reference to the package name, and by these Terms and Conditions, or by special terms and conditions enclosed with the contract as its integral part.
The contractual relation between the Client and Čedok, with a subject pursuant to Art. II (2), shall be established with the acceptance of an order submitted by the Client and its confirmation by Čedok. The contents of this contract shall be determined by the confirmed order, these Terms and Conditions, or by special terms and conditions enclosed with a confirmed order as its integral part.
By signing the travel contract or accepting the confirmed order the Client confirms that he is aware of the full contents of the contract and agrees with it, that he has received all of the appendixes which constitute an integral part of the contract, and that he recognises and agrees to all of the contractual conditions.
By signing the travel contract or confirming a Client’s order, Čedok undertakes to secure for the Client services of the agreed scope and quality and in line with the terms and conditions agreed.

Article IV - PRICING AND PAYMENT CONDITIONS

Čedok shall be entitled to the payment of the price of the service prior to its provision, and the Client shall be obliged to pay the price of the service prior to its provision.
Payment of the price of services shall mean, depending on the form of payment, the acceptance of cash or payment by credit card or the day when the payment of 100% of the price of the service is credited to Čedok’s account. In the event of a breach of this obligation by the Client, Čedok may withdraw from the contract, which shall not, however, prejudice its right to damages.
Unless agreed otherwise by the contractual parties, the advances and payment schedule be agreed as follows:
1. For packages inside or outside of the Czech Republic, the Client shall pay an advance of at least 50% of the price of the service at the time of the establishment of the contractual relationship, and the remainder of the aggregate price shall be paid by the Client no later than 30 days prior to the commencement of the trip.
  In the event of a contractual relationship established fewer than 30 days prior to the commencement of the trip, the Client shall pay 100% of the set price.
2. For individual services, the Client shall pay 100% of the aggregate price of the services ordered when the order is confirmed.
Čedok may unilaterally increase the price of tourism services stipulated in the contract in the event of an increase of
1. The price of transport, including fuel, or
2. Payments related to transport, such as airport or port fees, which are included in the price of the service, or
3. The exchange rate of the Czech crown used in determining the price of services by more than 10% on average
4.1. in the case of packages, provided that this change occurs before the 21st day prior to the commencement of the trip. Čedok shall send written notice about increase of the price specified in the travel contract to the Client to the place of residence / registered seat or another contact address specified in the travel contract no less than 21 days prior to the commencement of the trip. The Client shall pay the difference in the price of the package within 5 days of the notification of the increase in the price of the package specified in the travel contract. In the event of a breach of this obligation by the Client, Čedok may withdraw from the travel contract, which shall not prejudice its right to damages.

4.2. in the case of individual services, provided that this change occurs before the 10th day prior to the rendering of the service. Čedok shall inform the Client about this change in the price of the service without undue delay, in writing, at the place of residence / registered seat specified in the contract or another contact address specified by the client. The Client shall pay the difference in the price of the package within 3 days of the notification of the increase in the price of the package specified in the travel contract. In the event of a breach of this obligation by the Client, Čedok may withdraw from the travel contract, which shall not prejudice its right to damages.

Čedok may unilaterally increase the price of services specified in the contract by an amount by which the price or a payment pursuant to Par. 4 (a) and (b) of this Article increases in comparison with the price of services and payments included in the contract. In the event of an increase of the Czech crown exchange rate against the currency used in determining the price of the service by an average of 10%, Čedok may increase the price of the service by a maximum of the amount corresponding to the percentage change in the exchange rate. The decisive day as of which the price of the services was determined is specified in the price part of the catalogue or another form of offer, or in the contract.
Čedok may, prior to the commencement of a trip or the use of individual services, provided it is forced to do this by objective reasons other than those specified in par. 4 of this Article, especially in the event of an increase of prices by its suppliers, modify the prices of its services accordingly and issue new price-lists. These modified prices of tourism services shall apply from the day on which a price modification is announced by Čedok and shall apply to all packages and individual services the provision of which has not commenced by that day, i.e., departure has not taken place or the use of services has not commenced. In those cases, Čedok and the clients shall proceed according to the provisions of Article VII (2).

Article V - RIGHTS AND OBLIGATIONS OF THE CLIENT

The fundamental rights of the Client include, but are not limited to:
1. The right to the due provision of contractually agreed and paid-for services
2. The right to be informed about any changes in the contractually agreed services
3. The right to launch a complaint about any flaws of the services rendered
4. The right to the protection of personal information in line with legal regulations
5. With respect to packages, the right to the provision of further detailed information in writing, no later than 7 days prior to the commencement of the trip, about any and all facts which the Client finds relevant and which are known to Čedok, which are not contained in the travel contract or in the catalogue which has been given to the Client
6. With respect to packages, the right to inform Čedok in writing that another person, specified in the notice, will take part in the package in his stead. The Client may, however, exercise this right no later than within 30 days of the commencement of the trip; after the expiration of that time period, that right of the Client shall cease to exist. In the event that the Client wishes to exercise his right to make a change in the person of the package participant within the time-period stipulated, he must follow the process outlined in par. 2 (h) of this Article
The fundamental obligations of the Client include, but are not limited to the following:
1. To provide Čedok truthful and complete information required by Čedok in the travel contract or order, notify it of any changes in that information, and to present any other documents required by Čedok
2. Ensure the company and supervision of an adult participant for persons aged under 15 years of age, and similarly, to ensure company and supervision for persons whose state of health requires it
3. To present the consent of the statutory representative in the event that a customer aged over 15 and under 18 is using services without the representative’s company and supervision
4. Accept from Čedok any documents required for the use of services and to come at the time specified to the place specified with all of the documents required
5. To carry with him all of the documents required for entering the relevant countries of stay and transit (valid travel document, visa, certificate of health insurance, if it is required, etc),
6. To abide by the instructions of the trip guide or another person appointed by Čedok, and to adhere to the time-schedule set, to comply with the regulations applicable in the country being visited, including the regulations issued by transport and accommodation providers
7. To conduct himself in a way as to prevent the occurrence of injury to the health or damage to the property of other clients, service suppliers or Čedok and to compensate any damage he caused
8. In the event that the Client exercises his right to report a change in the package participant within the time-period stipulated pursuant to Par. 1, (f) of this Article, the Client shall:
  - - Provide this notice in writing
  - - Enclose with the notice a declaration of the new participant that he agrees with the travel contract which has been concluded
  - - Enclose with the notice a declaration of the new participant that he complies with the conditions set for participating in the package, if any such conditions are defined in the travel contract or the catalogue
  In the event of a change in the person of a package participant under this provision, the original and the new customer shall be liable jointly and severally for the payment of the price of the package and the payment of any costs incurred by Čedok in connection with the change in the client.
The obligations of Clients - legal entities, which are parties to a contractual relation, also include:
1. The obligation to inform their participants about these Contractual Terms and Conditions of the tour operator Čedok a.s. and to provide to them any other information received from Čedok, above all, to inform them about the scope and quality of the services
2. In the event that the subject of a contractual relationship with a Client - legal entity is a package, to inform the package participants about the document issued by an insurance company which it has received pursuant to Article VI (3)
3. To appoint a leader of the group in the event that the company of a Čedok guide is not provided, on the basis of an agreement with Čedok. This leader shall be responsible for the organisation of the due provision of the services of suppliers and ensures that the service programme is being met
4. To submit to Čedok a name-list of all participants, listing, for children of less than 15 years of age, their full date of birth and the name of the person responsible for supervising and accompanying them

Article VI - OBLIGATIONS AND RIGHTS OF ČEDOK

The corresponding obligations and rights of Čedok are related to the rights and obligations of Clients, as specified in Art. V.
Čedok shall inform the Client truly and duly about any and all facts concerning the agreed services, which are important for the client and which are known to Čedok.
Čedok must have an insurance contract concluded in the event of its bankruptcy, in line with the laws of the Czech Republic, on the basis of which a Client with whom Čedok has concluded a travel agreement pursuant to Article III (1) is entitled to benefits if an insured event occurs. In those cases, Čedok shall provide to Clients with their travel agreements a document issued by an insurance company, which contains information about the insurance concluded, especially the name of the insurance company, the insurance conditions and the manner in which an insured event is notified. The Client confirms receipt of this document by signing the travel contract.

Article VII - CANCELLATION AND CHANGE IN THE AGREED SERVICES

Cancellation of agreed services
Čedok may cancel a package and individual services prior to their use if it cannot, for any reason, comply with the conditions of the contract. Čedok shall inform the Client of any such fact without undue delay.
1. Čedok shall also be entitled to cancel a package if, prior to its commencement, the minimum number of Clients for such a package is not met, which is, for all packages, set at 6 Clients, unless the catalogue or another form of offer stipulates a different minimum number of package participants. If Čedok cancels a package due to an insufficient number of clients, it shall inform the Client thereof in writing no later than 7 days prior to the commencement of the trip.
2. If Čedok cancels a package or individual services, the Client may request that Čedok would provide him, in the basis of a new contract, another package or services of at least the same quality as in the first contract, provided that Čedok may offer such a package or services. If a new contract is not concluded in that case, Čedok shall refund to the Client without undue delay any payments received from him for the trip or services pursuant to the cancelled contract, without the Client being obliged to pay a cancellation compensation payment to Čedok. If a new contract is concluded, any payments made on the basis of the original contract shall be considered payments under the new contract. If the price of the new package or service is lower than the payments already provided, Čedok shall refund the difference to the Client without undue delay.
3. Furthermore, Čedok shall be entitled to cancel a package or an individual tourism service due to an unavoidable event which it could not have prevented even with the exertion of all of effort which may be reasonably requested from it.
Changes in the agreed services prior to the commencement of a trip and the drawing of services
Should any circumstances arise which prevent Čedok from providing tourism services on the basis of contractually agreed conditions and if it is forced by objective reasons to change the conditions of the contract prior to the commencement of the use of the services, it shall inform the Client of any such changes without undue delay and propose a change in the contract. If the proposed change in the contract also causes a change in the price of the services, it shall specify the new price in the draft change to the contract. The Client may choose whether he shall agree with the change in the contract or withdraw from the contract.
1. In the event that the Client does not withdraw from the contract within 5 days of the delivery of the proposed change in the contract, he shall be deemed to agree to the change thereof.
  If the change in the contract also causes an increase in the price of the tourism service, the Client must pay the difference in the price of the tourism service to Čedok within 5 days of the delivery of the proposed change in the contract. In the event of a breach of the obligation of the Client to pay to Čedok the difference in the price of services, Čedok shall be entitled to withdraw from the contract, which shall not prejudice Čedok’s right to damages.
  If the change in the contract causes a decrease in the price of the package, Čedok shall either decrease the remaining price of the tourism services, if it has not yet been paid by the Client, or to refund him the difference in the price of the tourism services, in the event that the Client has already paid the entire price of the services.
2. If the Client does not agree to a change in the contract and withdraws from it within 5 days from the delivery of the proposed change, he may request that Čedok would provide him, on the basis of a new contract, other tourism services of at least the same quality as in the first contract, provided that Čedok may offer such a services. If a new contract is not concluded in that case, Čedok shall refund to the Client without undue delay any payments received from him for tourism services pursuant to the cancelled contract, without the Client being obliged to pay a cancellation compensation payment to Čedok. If a new contract is concluded, any payments made on the basis of the original contract shall be considered payments under the new contract. If the price of the new tourism services is lower than the payments already provided, Čedok shall refund the difference to the Client without undue delay.
Changes in the agreed services during a trip and the drawing of services
1. If, after the commencement of a trip or during the use of tourism services, Čedok fails to provide to a Client services or a substantial part thereof in a due and timely fashion or should it find out that it will not be possible to provide to the Client all of the tourism services or a substantial part thereof in a due and timely fashion, in spite of having contractually undertaken this, Čedok shall without undue delay and at no extra charge take any such measures to ensure that the trip may continue or that the Client may use the services.
2. If the continuation of a trip or the use of services cannot be ensured other than by providing tourism services of a lesser quality than stipulated in the contract, Čedok shall refund the price difference to the Client.
3. If the continuation of a trip or the use of services cannot be ensured even by providing tourism services of a lesser quality than stipulated in the contract or if the Client does not accept this substitute solution, Čedok shall, without undue delay, refund the price difference to the Client. If the package includes transport, Čedok shall provide to the Client transport back to the place of departure or to another point of return to which the Client agreed, including the necessary substitute accommodation and food. If transport is provided by a means of transport other than that by which it was to be provided under the contract, Čedok shall:
  - - if transport is provided at a lesser cost - refund to the client the price difference
  - - if transport is provided at a greater cost - cover the price difference from its own resources

Article VIII - WITHDRAWAL FROM THE CONTRACT

Čedok shall be entitled to withdraw from the contract prior to the commencement of a trip or use of individual services for the following reasons:
1. Breach of obligations by the Client or
2. Due to the cancellation of the package
Čedok shall send a written notice of withdrawal from the contract, stating the reason, to the residence / registered seat of the Client or to another contact address provided by the Client in the contract, and the withdrawal shall take effect on the day when the notice is delivered.
The Client shall be entitled to withdraw from the contract prior to the commencement of a trip or use of individual services:
1. Without stating a reason
2. If a new contract is not concluded pursuant to the provisions of Article VII (1) (b) or to the provisions of Article VII (2) (b)
3. Due to a breach of Čedok’s obligations arising from the contract
He shall send a written notice of withdrawal from the contract to Čedok, in the event of a withdrawal pursuant to point c) of this paragraph including a statement of the reason, in a demonstrable fashion. In the notice, the Client shall specify information required for the identification of the contract from which it is withdrawing. The withdrawal from the contract shall take effect on the day when a record is written or on the day of the delivery of the written notice of withdrawal to the sales point where the client purchased the service.
In the event of a withdrawal from the contract pursuant to Par. 1 (a) or Par. 2 (a) of this Article, the Client shall pay to Čedok a cancellation compensation fee in the amount specified in Article IX and Čedok shall refund to the Client any and all payments received from him as payment for the price of the service pursuant to the cancelled contract.
In the event of a withdrawal from the contract pursuant to Par. 2 (b) or (c) of this Article, Čedok shall refund to the Client any and all payments received from him as payment for the price of the service pursuant to the cancelled contract without the Client being obliged to pay a cancellation compensation fee to Čedok.

Article IX - CANCELLATION COMPENSATION PAYMENT

Should Čedok withdraw from a contract concluded with a Client prior to the commencement of the use of tourism services due to a breach of obligations by the Client, Čedok may request and the Client must pay to Čedok a cancellation compensation fee. The amount of the cancellation compensation payment shall correspond to the cancellation compensation payment set as a fixed fee or a percentage amount of the price set in advance, under Par. 2, 3, and 4 of this Article, depending on the subject of the contractual relationship.
Should the Client withdraw from a travel agreement where the subject of which the contractual relationship is a package (Article II (1)), the Client shall pay a cancellation compensation payment.
Unless the catalogue or another form of offer or the contract stipulate otherwise, the compensation in the event of a withdrawal from a travel agreement prior to the commencement of a trip shall amount to the following, both for individuals and groups, shall be:
1. 30 and more days....................... EUR 10 for the reservation
2. 29 to 22 days....................... 30% of the aggregate price
3. 21 to 10 days....................... 50% z of the aggregate price
4. 9 and fewer days ....................... 100% of the aggregate price
Should the Client withdraw from a travel agreement where the subject of which the contractual relationship are individual services (Article II (2)), the Client shall pay a cancellation compensation payment.
For individuals, unless the catalogue or another form of offer or the contract stipulates otherwise, the compensation in the event of a withdrawal from a travel agreement prior to the commencement of the use of individual services shall be:
1. 9 and more days....................... EUR 10 for the reservation
2. 8 to 3 days ....................... 50% of the aggregate price
3. 2 and fewer days ....................... 100% z of the aggregate price
For groups, unless the catalogue or another form of offer or the contract stipulates otherwise, the compensation in the event of a withdrawal from a travel agreement prior to the commencement of the use of individual services shall be:
1. 30 and more days....................... EUR 10 for the reservation
2. 29 to 22 days....................... 30% of the aggregate price
3. 21 to 10 days....................... 50% z of the aggregate price
4. 9 and fewer days ....................... 100% of the aggregate price
If a Client fails to take up the trip or stay or should it fail to use a tourism service without withdrawing from the contract first or because he has not complied with his obligations under Art. V (2) (d) and (e), he shall pay 100 % of the price set in advance.
Unless the catalogue or another form of offer stipulates otherwise or unless otherwise agreed with the Client, a group shall mean a group of 15 or more persons.
Čedok may deduct the cancellation compensation payment from any advance or price paid.
In determining the number of days for the calculation of the cancellation compensation payment, the day on which the effects of withdrawal from the contract took place shall be included in the set number of days.

Article X - COMPLAINTS

In the event that services have been provided defectively or that services agreed in a contract with Čedok are not provided at all, a Client shall be entitled to launch a complaint.
The Client must exercise his right arising from the liability for the defects in the services provided by Čedok (complaint) in a comprehensible fashion and in writing, with his signature.
The Client must launch a complaint in a timely fashion without undue delay so that remedy may be provided if possible at the place where the service is provided, by the Čedok guide or another authorised Čedok representative. If the Client is using services without a Čedok guide or another authorised Čedok representative present, and the service rendered is defective, the Client must also take care to claim his right from the suppliers/service providers and from Čedok in a timely and due fashion.
The rights arising from liability for the defects of the services rendered shall cease to exist unless they are claimed within the time-periods prescribed by the laws of the Czech Republic.
In the event of circumstances the occurrence, course, or effects of which are independent of the will, activity or steps taken by Čedok (force majeure) or of circumstances on the part of the Client, due to which the Client fails to use entirely or in part the services ordered, paid for, and secured by Čedok, the Client shall not be entitled to a refund of the price paid, or to a discount.

Article XI - INSURANCE

Čedok trips and tourism services shall not include travel and stay insurance for its clients.
Clients may take out individual travel and stay insurance, including insurance in the event that the client incurs costs in connection with withdrawing from the contract, with the relevant insurance institutions.

Article XII - CONCLUDING PROVISIONS

These Terms and Conditions shall become valid and take effect on 1 August 2006.