GENERAL TERMS AND CONDITIONS OF THE TRAVEL AGENCY BASQUE ESCAPES S. R. O.
A. BASIC SERVICES OF THE TRAVEL AGENCY
- These General Terms and Conditions govern the relationship between the client and the company Basque Escapes s.r.o., registered office at Kecova 2864/13, 155 00, Prague 5 – Stodůlky, Czech Republic, ID No.: 07142412 registered in the Commercial Register of the Municipal Court in Prague under file no. C 295339 (hereinafter only as the “Travel Agency”) from the brokerage contract and the contract for the provision of tourist services (both hereinafter only as the “Contract”).
- The Travel Agency shall be entitled to
- broker package tours organized by third parties;
- broker individual tourist services ensured by third parties;
- sell individual tourist services by their own name.
- In case of any brokerage of services, the client acknowledges that the Travel Agency is not a party to the contract between the client and the provider of tourist services. The Travel Agency only brokers the conclusion of this contract between the client and the provider of tourist services.
- The services provided or brokered by the Travel Agency consist, in particular, of the following
- personal assistance since the preparation of the trip until the time of return;
- booking and sale of air tickets;
- booking and sale of accommodation (hotels, holiday houses/apartments);
- brokerage of surfing courses (in Biarritz);
- brokerage of French courses (in Biarritz);
- booking of “teetime” on golf courses in the Basque Country (France);
- sale of golf passport;
- ensuring of personal airport transfer;
- brokerage of the service “Car at Disposal” – one-day trip around the Basque Country with a personal driver as requested by the client;
- ensuring of other services based on client’s individual request related especially to the French part of the Basque Country.
B. ORDER OF THE SERVICES
- The client shall independently ask for the services of the Travel Agency through the demand questionnaire on the website of the Travel Agency, by email, phone or other method. Subsequently, the Travel Agency shall send an offer of the services to the client, including preliminary price calculation, and determine the period of validity of the offer.
- The Contract is concluded by the approval of the sent offer by the client within its period of validity. In connection with this conclusion of the Contract, the Travel Agency shall confirm its conclusion to the client and send them payment instructions.
- The Contract comes into force upon the crediting of the whole price of the service to the account of the Travel Agency. If the price is paid at the spot, then the Contract comes into force upon its conclusion.
C. PRICE OF THE SERVICES AND ITS PAYMENT
- Prices are mentioned in Czech crowns incl. VAT (hereinafter only as the “Price”). Unless mentioned otherwise, the Price includes also the commission of the Travel Agency.
- Unless expressly agreed otherwise, the Price is due upon the conclusion of the Contract with the Travel Agency, and the client shall pay it to the Travel Agency cashless. In exceptional cases, the Price is due at the spot, e.g. accommodation in some hotels. In this case, the client shall inform the Travel Agency about the number of their payment card from which the hotel will be entitled to withhold the payment, if necessary.
- Client’s financial obligation is fulfilled on the day, when the financial performance is credited to the account of the Travel Agency, or on the day when the Travel Agency receives the financial performance.
- After receipt of the payment, the Travel Agency shall send to the client the payment confirmation together with a document necessary for the actual use of the service (air ticket, hotel voucher, confirmation of registration and payment of the course, or other services).
D. MODIFICATION OF THE CONTRACT
- If external circumstances force the Travel Agency to substantially change one of the essential elements of the contract on the sale of tourist services, the client may accept such change, or withdraw from the Contract.
- Changes of contracts of which the Travel Agency is only a broker are allowed only under the conditions specified in such contract with the provider of the service.
- Changes of persons to whom the tourist service should be provided are allowed only if discussed with and approved by the Travel Agency.
E. WITHDRAWAL FROM THE CONTRACT AND A CANCELLATION FEE
- Parties may withdraw from the Contract without undue delay, if the other Party materially breaches the Contract, or if it is obvious from their conduct that they will materially breach the Contract.
- The client may also withdraw from the Contract due to other reason, or even without any reason. However, the client shall pay the cancellation fee in this case. Amount of the cancellation fee shall be
- more than 90 days before the provision of the service – actually incurred costs and CZK 500
- 90th – 61st day – actually incurred costs and 15 % of the Price of the service, after deduction of actually incurred costs;
- 60th – 41st day – actually incurred costs and 30 % of the Price of the service, after deduction of actually incurred costs;
- 40th – 21st day – actually incurred costs and 50 % of the Price of the service, after deduction of actually incurred costs;
- 20th – 6th day – actually incurred costs and 80 % of the Price of the service, after deduction of actually incurred costs;
- 5 days and less – 100 % of the Price of the service
- The actually incurred costs shall mean operational expenses of the Travel Agency and contractually agreed or legally required compensations to inland and foreign suppliers of services.
- The Travel Agency may withdraw from the Contract, if its performance becomes considerably more difficult or impossible.
F. COMPLAINTS PROCEDURE AND COMPENSATION OF DAMAGE
- The provider of the service shall be responsible for the duly provision of services arising from the brokered contract concluded between the client and the provider of the service. The Travel Agency, as a broker, shall not be liable for any defects during the performance of the brokered contract, nor for any caused damage. In these cases, the Travel Agency recommends its clients to make a complaint about such defects with the provider of services without undue delay, and to fill in a complaint protocol as a proof proving the legitimacy of the complaint.
- In case of contracts on the sale of tourist services with the Travel Agency, the Travel Agency shall be liable for any defects of the provided services and caused damage. In such case, the client shall inform the Travel Agency about defects without undue delay, so the Travel Agency would be able to remedy them. If the Travel Agency fails to remedy the defect, the client shall be entitled to a substitute service, if it is possible, to a discount on the Price of the service, or, in the event of a material breach of the Contract, to withdraw from the Contract with the Travel Agency.
- The client shall act in such a way as to prevent any damage, in particular, they shall follow all instructions and rules set by the Travel Agency or any third party, and they shall comply with the laws valid in the place of provision of the service, even the laws of the Czech Republic.
G. PROCESSING OF CLIENT’S AND OTHER PERSONS’ PERSONAL DATA
- The client understands that the Travel Agency shall, in order to fulfil its statutory obligations, process their personal data in the scope according to the particular service: first name, surname, national ID number, type of travel document, number of travel document, expiration date of the document, bank account, date of birth, residence, email and delivery address, information about allergies, medications and other health problems. All personal data shall be stored only for the period defined by the law, or for the necessary period.
- The client acknowledges that the Travel Agency shall transfer client’s personal data for the purposes defined by the law in the scope and under the conditions defined by the applicable laws.
- The client acknowledges that the Travel Agency will process their personal data in the scope: first name, surname, address, phone number and e-mail address, for the purpose of sending of commercial communications. The Travel Agency shall be entitled to send commercial communications in a form of SMS, MMS, electronic mail, mail or by phone. At any time, the client may raise an objection against the sending of commercial communications at the address of the Travel Agency or by e-mail sent to the e-mail address firstname.lastname@example.org. In this case, the Travel Agency shall not further send commercial communications to the client, or to anyhow process client’s personal data for the purposes of direct marketing.
- The provisions of Art. G mentioned above shall be proportionately applied even in relation to the persons in whose favour the client concluded the Contract (fellow travellers). By conclusion of the Contract, the client states that they are entitled to grant these consents on behalf of fellow travellers based on contractual or other representation.
- The Client acknowledges that they have the following rights as a data subject:
- ask the Travel Agency for the access to personal data related to their person, their rectifications or erasure, or they may require the restriction of processing of their personal data, raise objections against the processing of personal data, and also they have rights to transferability of data.
- ask the Travel Agency to restrict the processing of their personal data, if (i) the client objects to the accuracy of their personal data for the period necessary for the Travel Agency to verify the accuracy of their personal data; (ii) the processing of their personal data is illegal and they do not require erasure of their personal data, but only their limited use; (iii) the Travel Agency no longer needs their personal data for purposes of the processing, but the client requires them for the determination, exercising or defence of their claims; or (iv) the client raised an objection against the processing of their personal data until it is verified, whether the legitimate reasons of the Travel Agency prevail over legitimate reasons of the client. If the processing of client’s personal data was restricted, then their personal data may be processed only with their consent, except for their storage.
- the right to file a complaint with the supervisory authority, which is the Office of Personal Data Protection.
- at any time, receive from the Travel Agency a confirmation that their personal data are processed, and if so, the Travel Agency shall provide the client, if requested, with the following information and issue a copy of the processed personal data: (i) purpose of the processing; (ii) categories of processed personal data, (iii) recipients or categories of recipients to whom the personal data were or will be made accessible; (iv) planned period for which their personal data will be stored, or, if it is not possible to determine such period, then the criteria used to determine this period; (v) existence of the right to ask the controller to perform rectification or erasure of the personal data related to the client, or restriction of their processing, and to raise an objection against this processing; (vi) right to file a complaint with the supervisory body; (vii) fact that there is any automated decision-making, including profiling.
- Receive their personal data which the Travel Agency processes in a structured, commonly used and machine readable format, and hand them over to another controller of personal data, if (i) the processing of client’s personal data is based on a consent with the processing of personal data; or (ii) the processing is performed automatically. If it is possible, the Travel Agency shall hand client’s personal data over to another controller.
H. GOVERNING LAW AND JURISDICTION
- In case of contracts on the sale of tourist services with the Travel Agency, these contracts shall be governed by the laws of the Czech Republic, and any disputes arising from them shall be finally decided by the common courts of the Czech Republic.
- In case of any brokered contract concluded between the client and the provider of the service, the brokerage contract shall be governed by the laws of the Czech Republic, and the contract on the provision of services is usually governed by the French law, or business terms and conditions of the provider of the service.
E. FINAL PROVISIONS
- In case of any dispute occurred in connection with the Contract on which these General Terms and Conditions are applicable, the client, who is a consumer, shall be entitled to its extra-judicial resolution in front of the Czech Trade Inspection Authority. Detailed information about the conditions of this extra-judicial resolution is mentioned on www.coi.cz.
- The Client, who has purchased any goods or service online and is a consumer, may use the online dispute resolution platform to resolve any occurred dispute. Detailed information about the conditions of this online dispute resolution is mentioned on http://ec.europa.eu/odr.
- These General Terms and Conditions come into force on 20.02.2020 .