Terms and conditions

General Contractual Terms and Conditions of Participation in journeys (trips, stays, accommodation) conducted by the Travel Agency CK CORVINUS TRAVEL, s.r.o. (hereinafter the “General Terms and Conditions”) are applicable to any and all journeys, trips, stays, accommodation and services organized by the Travel Agency CK CORVINUS TRAVEL, s.r.o. General Terms and Conditions are inseparable part of the Contract on Procurement of a Journey (hereinafter the Contract on Procurement of a Journey) which is made between the Travel Agency CK CORVINUS TRAVEL, s.r.o. and a Client (customer) ordering the journey (trip, stay, accommodation). By signing the Contract on Procurement of a Journey you hereby confirm that you are aware of the information, and terms and conditions herein, you acknowledge it and accept it consensually.

I. INCEPTION OF THE CONTRACTUAL RELATIONSHIP

Parties to the contractual relationship are:

Travel Agency CK CORVINUS TRAVEL, s.r.o. with its registered office at Ra?ianska 53, 831 02 Bratislava, Company ID No.: 36 775 452, incorporated in the Companies’ Register at the District Court Bratislava I., Section Sro, file No. 45882/B (hereinafter the “Travel Agency”) and

Client booking the travel agency services (customer) who may be either natural person or legal entity qualified to enter into a legal relation and/ or for the benefit of whom the Contract on Procurement of a Journey has been made, or, to whom the journey passed.

Contractual relationship between the Travel Agency and a Client (customer) comes into existence by making the Contract on Procurement of a Journey, e.g. by accepting the signed Contract on Procurement of a Journey by a Client (customer) and by affirming it by the Travel Agency. Contract on Procurement of a Journey is applicable to any and all further persons given in a contract. The Client (customer) is liable for performance of contractual obligations of persons given in the Contract on Procurement of a Journey equally as for performance of his obligations.

Upon the Contract on Procurement of a Journey, the Travel Agency is obliged to procure a journey (trip, stay) to a Client (customer) and Client (customer) is obliged to pay the agreed price. By affirming the Contract on Procurement of a Journey, the Travel Agency is obligated to ensure and to provide the Client (customer) with services to the agreed extent, quality standards and in compliance with the agreed terms and conditions covenants.

By signing the Contract on Procurement of a Journey, Client agrees with the fact that the Travel Agency shall process his personal data in its information systems in compliance with applicable legislation, i.e., Act No. 428/2002 Z.z. (Coll.) on Personal Data Protection as amended by Act No. 363/2005 Z.z. (Coll.), notably for a period of time necessary for ensuring the rights and duties under contractual relations entered between the Client and the Travel Agency. Client shall give his consent until the time of its written revocation what is possible after the prior agreement with the Travel Agency. Data provided may be made accessible to the Travel Agency personnel only and to persons who are authorized to offer, to bid and to provide the Travel Agency’s services, and also to persons who supply the Travel Agency with services (including cross-border flow), primarily for the purpose of offer or providing the Travel Agency with services. The said consent to data-processing is also related to any and all data-processing persons. Client is granting the consent also in the name of other participants of a trip (journey), notably under the law, or, under their written consents of which he may declare that he disposes of those consents evidentially.

II. PRICE TERMS AND PRICES FOR JOURNEYS, TRIPS, STAYS & ACCOMMODATION

Prices for journeys, trips, stays and accommodation conducted by the Travel Agency are contractual (conventional) prices covenant by an agreement between Travel Agency CK CORVINUS TRAVEL, s.r.o. and a Client (customer). Binding and agreed price is given in the Contract on Procurement of a Journey.

Prices for journeys, trips, stays and accommodation are determined per a person (unless agreed otherwise) and comprise just those services which are defined and stated for each journey (trip, stay) in an exhaustive way (comprehensive definition).

Any further discounts or bargains are related to bargain prices (sale), published in the form of sale promotion, bargain bid.

Travel Agency CK CORVINIUS TRAVEL is entitled upon unilateral act to increase the price for a journey (trip) in the event that the following circumstances may happen:

the increase of transport costs including the prices for fuels;

the increase of payments related to transport, for example the airport and harbour (port) fees and charges, which are comprised in the price for a journey (trip, stay);

the change of applicable exchange rate applied to determination of price for a journey (trip, stay) in average by more than five per cent (5 %) in the event that the increase occurs before the thirtieth day ( 30th day) prior to commencement of a journey (trip, stay), whereby it is allowed to augment the price maximum by an amount equal (corresponding) to percentage amount of modification to exchange rate.

The Travel Agency has to send a written notification of the increased price to the Client (customer) not later than thirty (30) days prior to commencement of a journey (trip, stay), or the travel agency will not be entitled to charge balance in the price for a journey otherwise.

III. PAYMENT TERMS

Travel Agency has the right to have the price for a journey (trip) paid prior to the moment when the journey (trip) has been procured to a Client, and a Client (customer) is liable to cover the price for a journey (trip) prior to having been provided with it.

Travel Agency is entitled to request payment of advance payments when signing the Contract on Procurement of a Journey. Amount of advance payments and time schedule of payments is subject to agreement as follows:

when contractual relationship is created, the Client (customer) is liable to pay for basic cancellation fee amounting to EUR 70 or to GBP 50 if not agreed otherwise;

not later than forty-five (45) days prior to commencement of a trip (journey), Client is liable to cover undercharge, i.e., an adjustment made to correct a payment up to total price for the services customized so far.

in the event of inception of contractual relationship within the term shorter than forty-five (45) days prior to commencement of a trip (journey), Client (customer) is liable to cover 100 per cent (100 %) of the price for the services customized so far.

Client (customer) is entitled to be provided with services after entire price was paid for the services customized so far. Client is entitled to be provided with services only after having paid an entire price for the services customized so far. In the event that the Client due to any grounds will breach the deadline for payment of entire price for the customized services so far, the Travel Agency is liable to repudiate the entered Contract on Procurement of a Journey and to request the payment of contractual fine pursuant to Article VII of the General Terms and Conditions herein.

IV. RIGHTS AND DUTIES (LIABILITIES) OF A CLIENT (CUSTOMER)

The basic rights of the Client (customer) primarily are:

the right for a due provision of contractually agreed and paid services;

the right to request from the Travel Agency the information about any and all facts concerning the contractually agreed and paid services;

the right to be within contractually agreed terms or statutory terms informed about eventual changes, modifications, alterations to the contractually agreed services;

the right to repudiate the Contract on Procurement of a Journey prior to commencement of spending the services anytime in compliance with Article VII of the General Terms and Conditions herein;

the right for asserting guarantee (warranty) claim of defects and imperfections a for settlement of it pursuant to Article VIII of the General Terms and Conditions herein;

the right to obtain, not later than seven (7) days prior to the commencement of a trip (journey), further written information in details about any and all facts which are significant for a Client and which the Travel Agency is aware of, unless already contained in the Contract on Procurement of a Journey or in a holiday catalogue which was delivered to a customer (client);

the right to notify the Travel Agency in writing prior to commencement of a trip (journey) of the fact that other person given in the written notification will take part in a trip (journey) instead of him. However, the right may be asserted by the Client (customer) within the term of 45 (forty-five) days only prior to the commencement of a trip (journey); after expiry of the said term the Client’s right ceases. Notification has to contain also representation of a new client (customer) that he agrees with the concluded Contract on Procurement of a Journey and complies with any and all agreed terms and conditions of participation in the trip (journey). Person given in the notification becomes a Client (customer) on the date when the notification is delivered (served). The original Client (customer) and the new Client (customer) jointly and severally are liable for payment of the price for a trip (journey) and coverage of the costs incurred to the Travel Agency in relation to a change of the customer (client).

The basic liabilities (duties) of the Client (customer) primarily are:

to provide the Travel Agency with necessary cooperation with due ensuring and providing the services, primarily to give true and entire data required in the Contract on Procurement of a Journey including any changes and alterations to data and to submit further documents (e.g. applications for granting visa, photographs) upon request of the Travel Agency;

to ensure escort of persons under 15 years old and supervision of an adult person (participant) over them; similarly to ensure escort of and supervision over persons the state of health of which requires to comply with escort and supervision;

to report participation of foreigners (foreign nationals);

to pay price for a trip (journey) in compliance with Article III of the General Terms and Conditions herein;

without undue delay to notify the Travel Agency of personal opinion, standpoint to eventual changes reflected in terms and conditions and contents of the agreed services;

to take over the documents from the Travel Agency, necessary for spending the services;

to have available valid traveller’s identity card (passport), or visa (if required); to follow and comply with passport and customs rules of the destination countries. Any and all costs incurred due to the breach of the rules are to be borne by a participant in a trip (journey, stay);

to comply with vaccination, or, further medical formal requirements needed when travelling to the countries where they are determined by international medical rules;

to follow the instructions of a guide, delegate or other appointed representative of the Travel Agency and to keep designed programme;

to act in order to prevent from occurrence of and to avoid any damages to health or to property to detriment of other customers, suppliers/providers of services or the travel agency;

to take care of timely and due assertion of eventual claims against suppliers/providers of services pursuant to Article VIII of the General Terms and Conditions herein.

Further liabilities (duties) of the clients – legal entities which are parties to the contractual relationship, are:

to let their participants (holiday-makers) get acquainted with the General Terms and Conditions herein and also with further information obtained from the Travel Agency, however, to inform them primarily about the extent and quality standards of the services;

to ensure and to make all participants follow basic duties of the customers, which require their personal cooperation and a bearer of which can be just a separate participant (holiday-maker);

to appoint a head of the group in the event when upon an agreement with the Travel Agency a guide of the travel agency is not provided. The head shall manage due provision of the services from the logistical point of view from suppliers; he supervises how are the planned services met;

to submit in advance to the Travel Agency the attendees’ sheet with given names enlisted; entire date of birth of children under 15 years old; and of a person responsible for supervising and escorting them.

V. LIABILITIES AND RIGHTS OF TRAVEL AGENCY CK CORVINUS TRAVEL, s.r.o.

The rights and duties (liabilities) of the Client (customer) given in Article IV of the General Terms and Conditions herein are related to the applicable duties (liabilities) and rights of the Travel Agency relevant to them.

Prior to making the Contract on Procurement of a Journey, the Travel Agency is liable to inform about all the facts concerning the extent of services given in the Contract on Procurement of a Journey it is aware of and which may have an impact on decision of the interested party to purchase a journey (trip, stay).

The Travel Agency is not liable to provide a customer with performance exceeding the scope of services affirmed beforehand and paid.

The Travel Agency is liable to have the contract made on insurance of a journey (trip, stay) under which the right arises to the customer (client) for performance upon an insurance contract (policy) in the event of bankruptcy of the Travel Agency.

VI. CHANGES, ALTERATIONS TO THE AGREED SERVICES, CANCELLATION OF A JOURNEY (TRIP, STAY)

In the event that the Travel Agency is forced to alter a substantial condition contained in the Contract on Procurement of a Journey prior to commencement of a journey (trip, stay), the Travel Agency shall suggest to Client (customer) an alteration to the Contract on Procurement of a Journey. In the event that the suggested alteration to the Contract on Procurement of a Journey results also in adjustment of price for a journey (trip, stay), new price has to be given in the proposition. Client (customer) has the right to decide whether he agrees with the alteration to the Contract on Procurement of a Journey, or, whether he repudiates the contract without paying contractual fines. He has to notify the Travel Agency of his decision in writing within the term determined by the Travel Agency in the proposition of the change.

Travel Agency is entitled to cancel a journey (trip, stay) that is subject to contractual relationship entered between the Travel Agency and the Client (customer) in the event that within twenty-one (21) days prior to its commencement minimum number of participants (holiday-makers) in a journey (trip, stay) won’t be reached, or, if it is unreasonable for the Travel Agency to implement it.

In the event that Travel Agency will cancel a journey (trip, stay), it is liable to notify the Client (customer) of the fact in writing without undue delay, not later than within the term of seven (7) days prior to commencement of the journey (trip, stay).

Further, the Travel Agency reserves the right to cancel the journey (trip, stay) due to unusual, unexpected and unpredictable events (e.g. war, terrorist attack, uprising, mutiny, earthquake, other natural disasters, spreading infectious, contagious diseases, decision of State bodies, etc., or, in the event that safety, health or lives of clients (customers) would be endangered otherwise, etc., which was not possible to predict, to foresee, to assume in the moment of making the Contract on Procurement of a Journey.

In the event that the Travel Agency will cancel the journey (trip, stay) due to the grounds other than given in Paragraphs 2) and 3) within the term shorter than twenty (20) days prior to deadline of its commencement, the Client (customer) has the right for an adequate compensation of damage.

In the event that after commencement of a journey (trip, stay) the Travel Agency shall not provide the Client (customer) with the agreed services, duly and timely, it is liable to take such measures without undue delay in order the journey (trip) could take place and continue. In the event that continuation of the journey (trip) cannot be provided otherwise than through the mediation of the services of lower quality standard than are given in the Contract on Procurement of a Journey, the Travel Agency is liable to return to the Client (customer) a balance in price between the offered services and those provided.

Upon an individual request (wish) of the Client, the Travel Agency is ready, if it is possible, to run changes, alterations to terms and conditions covenant in the Contract on Procurement of a Journey. To execute such changes and alterations is subject to payment of a fee amounting to lump-sum of EUR 70 or GBP 50.

Travel Agency reserves the right to exclude a participant (holiday-maker) from the journey, (trip, stay) who, while intoxicated, makes impossible to implement the journey, trip, stay itself and because of his behaviour he endangers safety of other 2061503 participants in the trip.

Travel Agency reserves the right to change the date and time of flight departure caused by flight and air navigation conditions, services and allowances (permits) within air navigation operation. Client (customer) shall be informed in such event timely and in appropriate form.

VII. REPUDIATION OF THE CONTRACT

Prior to commencement of a trip (journey), the Travel Agency may repudiate the Contract on Procurement of a Journey due to the cancellation of a trip (journey) only, or, due to the breach of the contractually agreed liabilities by the Client (customer). Written notification of repudiation of the Contract on Procurement of a Journey attached with evidenced grounds is to be sent by the Travel Agency in the registered letter addressed to the Client’s address given in the Contract on Procurement of a Journey. Effects of repudiation of the Contract occur to exist on the date when the notification is delivered.

Client (customer) has the right to repudiate the Contract on Procurement of a Journey prior to commencement of spending the services anytime:

without giving the grounds;

in the event that a new contract pursuant to Article VI. Paragraph 1) of the General Terms and Conditions herein won’t be made;

due to the breach of liabilities of the Travel Agency under the Contract on Procurement of a Journey.

Client (customer) will send the notification of repudiation of the Contract on Procurement of a Journey in the registered letter, or, he will deliver it in other evidentiary way to the mailing address of the Travel Agency. Effects of repudiation of the Contract occur to exist on the date when the written notification is delivered (served) to the mailing address of the Travel Agency.

In the event that the grounds of Client’s repudiation of the Contract on Procurement of a Journey is the breach of liabilities of the Travel Agency, the Travel Agency is liable to return without undue delay the entire sum to the Client (customer) which it received from him for coverage of price for the journey (trip, stay) under the cancelled Contract on Procurement of a Journey, whereby the Client is not liable to pay the contractual fines to the Travel Agency.

In other events the Client (customer) is liable to pay contractual fines to the Travel Agency. Amount of contractual fine has been determined pursuant to number of days prior to commencement of the trip (journey) or spending the services as follows:

75 and more days EUR 70 or GBP 50 per each participant in the tour

74 to 50 days 30 % of price for the tour per each participant in the tour

49 to 30 days 50 % of price for the tour per each participant in the tour;

29 to 20 days 75 % of price for the tour per each participant in the tour;

19 to 10 days 90% of price for the tour per each participant in the tour;

9 and less days 100 % of tour per each participant in the tour

In the event that the customer shall not commence the trip (journey, stay), or, if he does not spend the service without prior repudiation of the Contract on Procurement of a Journey, or, due to the breach of the liability pursuant to Article IV. Paragraph 2) Subparagraph g) of the General Terms and Conditions herein, he is liable to cover 100 per cent (100 %) of the price determined beforehand.

Price determined beforehand is deemed to be a selling (purchasing) price including any and all purchased optional (facultative) services for all participants in the trip (stay).

When determining number of days for a calculation of contractual fine, the date is decisive (conclusive) when effects of repudiation of the contract come into existence.

The date is also set off in the determined number of days. The date of commencement of the trip (journey, stay) is not set off in the number of days.

Travel Agency is entitled to deduct contractual fine from the paid advance payment or the paid price for the services customized so far.

VIII. GUARANTEE CLAIM ASSERTION, LIABILITY FOR DAMAGES

In the event that the extent or quality standards do not comply with the standards (are lower) as it was agreed in the Contract on Procurement of a Journey, the right for asserting guarantee /warranty claim arises to a customer. Customer is liable to assert guarantee claim without undue delay for the service wrongly provided, notably directly on spot, in the venue at the supplier of the service or at the authorized representative of the Travel Agency. Customer has the right to assert guarantee claim for the services of poor quality standards in the name of him only, or, in the name of persons who are given jointly with him in the Contract on Procurement of a Journey. Representative of the Travel Agency is liable to decide on guarantee claim assertion immediately to the extent of his competence.

In the event that it is not possible to make good any damage immediately, the Travel Agency representative shall write down a guarantee report of a defective service with a person asserting the guarantee claim. The guarantee report of a defective service is signed by the Travel Agency representative or a supplier/provider of the service and a person asserting guarantee claim, whereby any of the parties shall obtain one (1) counterpart of the guarantee report of a defective service. Customer is liable to submit the confirmed guarantee report of a defective service when asserting guarantee claim in the Travel Agency.

Customer has to assert his claims upon guarantee claim assertion at the Travel Agency without undue delay, not later than within three (3) months after the end of a journey (trip, stay), or, in the event that the journey (trip, stay) did not happen, from the date when it was supposed to end in compliance with the Contract on Procurement of a Journey, otherwise the right to claim ceases. The Travel Agency is obliged to respond to any and all guarantee claim assertions filed in compliance with the given terms and conditions in writing, notably not later than within thirty (30) days after the reception of a guarantee claim assertion.

The Travel Agency is liable to the Client for the breach of the obligations under the made Contract on Procurement of a Journey regardless the fact whether the obligations are to be complied with the Travel Agency or other suppliers, providers of services, which are being provided within the scope of a trip (journey, stay). The Travel Agency is not liable for the standard of services provided by someone else and for events apart from the frame of a trip (journey, stay), which are customized by the Client (customer) on the spot, in the venue at the guide, a hotel representative or other entity.

Damages and losses to property caused to a customer, which are subject-matter of the conventional (contractual) correction, alteration to the insurance coverage of an insurance company under the insurance policy on the travelling insurance are not deemed to be subject-matter to guarantee claim assertion. Neither damages nor losses to property which have been expressly exempted from the extent of insurance coverage are deemed to be subject-matter to guarantee claim assertion.

In the event that circumstances occur, the occurrence, conduct and consequence of which are not dependent on the activities (performance) and the procedure of the Travel Agency, or, circumstances on the side of a customer, on the basis of which the customer shall not use entirely or partially the services customized, paid and provided by the travel agency, the claim for coverage or discount of price for the services does not arise to the customer.

The Travel Agency is not liable for eventual delay of means of transport and it points out the option of its occurrence due to the worsened trespass of roads and border passages, due to the nasty, unfavourable weather, or, due to technology or the operation grounds. The Travel Agency is not liable for damages which may occur as a result of delayed means of transport. In the event of delayed means of transport the right does not arise to a customer to repudiate the Contract on Procurement of a Journey, nor the right for refund of unspent customized services.

The Travel Agency is not liable for damage, which was caused neither by the travel agency nor by its suppliers, providers of the services, and the damage was caused by a customer, the third party, who is (are) not interlinked with provision of the journey (trip, stay), or, an event, which was not possible to prevent from even when making every endeavour to hinder it, or, due to unusual, unexpected and unpredictable circumstances.

IX. FINAL PROVISIONS

Applicability of the General Contractual Terms and Conditions is related to trips (journeys, stays) and services provided by the Travel Agency only when not determined by the Travel Agency CK CORVINUS TRAVEL, s.r.o., or agreed beforehand the extent of mutual rights and liabilities (duties) otherwise, notably always in the written form.

Client (customer) hereby affirms by signing the Contract on Procurement of a Journey that he is aware of the General Terms and Conditions; he can understand them, he agrees with them and he accepts them to the entire extent.

The General Terms and Conditions are both valid and applicable from 1 July 2008 and are considered to be an inseparable part of the Contract on Procurement of a Journey.

 
 
 
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