1.1 These General Terms and Conditions on the procurement of tourism services (hereinafter referred to as “TS services”) of the Travel Agency Region Tatry Travel s.r.o. are valid for all TS services procured by the Travel Agency Region Tatry Travel s.r.o. and form an integral part of the Contractual Relationship on the Procurement of TS Services.
1.2. Clients acknowledge that the Travel Agency Region Tatry Travel s.r.o. processes personal data in the scope of: name, surname, address, date of birth (for children), mobile phone number necessary for the fulfillment of the contract for the procurement of tourism services; and personal data in the scope of: name, surname, address, date of birth, mobile phone number and social security number necessary for the performance of the insurance contract, in accordance with §10 paragraph 3 letter b) Act No. 122/2013 Coll. on the protection of personal data.
1. The parties to the contractual relationship are:
trading tourism company REGION TATRY TRAVEL s.r.o., with registered office Nábrežie Jána Pavla II 2805/3, 058 42 Poprad, ID: 50197738, registered in the OR of the Prešov District Court, department Ltd., insert no. 32659/P.
(hereinafter referred to as “TC”)
and
person (individual/legal entity) who concluded an Agreement with TC on the procurement of TS services or
person (individual/legal entity) in whose favor the Agreement on the procurement of TS services was concluded
or
the person (natural/legal entity) to whom the TS service was transferred under the terms of the Civil Code
a person (individual/legal entity) who confirmed the reservation of TS services in writing in electronic form, based on the Contractual Confirmation of Reservation from TC
(hereinafter referred to as “the customer”)
2. The contractual relationship between TC and the customer is established on the basis of a duly concluded Agreement on the procurement of TS services (hereinafter referred to as the “Contract”) or by written confirmation of the reservation of TS services in electronic form (hereinafter referred to as “Written Confirmation”) or by payment of funds for the ordered services to TC account.
3. All written documents that the customer receives from TC are part of the contractual relationship, in particular the Contract, Contractual confirmation of reservation, Service Voucher and/or written instructions – more detailed information about the ordered TS services.
4. By signing the Contract or by written confirmation or payment of funds, the customer confirms that he has familiarized himself with the wording of the General Terms and Conditions and agrees with them unreservedly.
1. The price for the ordered tourism services ordered by the customer means the total price stated in the Contract or in the Contract Confirmation of the reservation or in the Advance Invoice. Of the discounts provided by TC, the customer is only entitled to those that are in effect on the date of the contractual relationship.
2. When providing discounts for children, the age of the child on the last day of use of the ordered TS services is decisive. The right to the proper provision of all ordered services arises for the customer only upon payment of the full price for the ordered services and fulfillment of other conditions for the provision of services, including services connected with monetary operations (fees, etc.), unless otherwise agreed in advance between the contracting parties.
3. TC has the right to demand payment of 100% of the price of all ordered services in the date specified in the Contract or in the Contractual confirmation of the reservation or in the Advance Invoice. When the client pays by bank transfer, the client pays all bank fees, otherwise TC is entitled to bill the client for the remaining amount.
4. The day when the funds were credited to the TC account is considered the day of payment.
5. In the case of non-payment of the full price for the ordered services within the specified deadlines, TC is entitled to withdraw from the contractual relationship without prior notice and not to provide the ordered services. This provision does not affect TC’s right to compensation for damage and lost profit.
6. After paying all ordered services in agreed full price, unless the contracting parties agreed otherwise, TC will send the customer a standardized VOUCHER, which authorizes him to use the services. The voucher contains the following details: Arrival and departure dates, Number of nights, Number of persons and, in the case of a stay with children, the number and age of children determined according to Art. II, point 2 of these General Terms and Conditions, further Name and category of accommodation facility, Room type, All services to which the customer is entitled, Client’s name, Date of issue and Other Special Requirements, stamp and signature of the responsible person.
7. TC has the right to unilaterally increase the price of services in the following cases:
a.) increase in transport costs, including the price of fuel, if transport is also part of the services,
b.) increase in payments associated with secured transport, especially airport, road, port and other fees, which are included in the price of secured services,
c.) changes in the exchange rate of the euro to the exchange rate of another currency used in setting the price of the provided services by an average of more than 5%.
8. In case of necessity to increase the price for the reasons according to the previous point 7, TC can do so on the basis of a written notice, which must be sent to the customer no later than 48 hours before the start of drawing services, and in which the reason and method of the increase will be precisely determined. The customer is obliged to pay the resulting difference without delay, at the latest within the period specified in the written notification of the price increase, otherwise TC is entitled to proceed according to point 5 of this article.
1. The basic rights of the customer include:
a.) The right to properly recieve ordered and paid services,
b.) The right to provide complete information regarding the ordered services, as well as to be informed of changes that TC later learned about.
c.) The right to recieve instructions for using the ordered services no later than 5 days before the start of using the services or on the day of crediting the funds for the ordered services to the TC account in the case of later payment than 5 days before the start of using the ordered services.
d.) The right to withdraw from the contract at any time, even without giving a reason, before the start of services, under the conditions according to Article V of these terms and conditions.
e.) The right to notify TC in written nottification, that another person, that has to be mentioned in that notification, will participate in the ordered service instead of him, while the customer can make such a notification within 24 hours. before the start of the use of the ordered services, if the services are used on the territory of the Slovak Republic. On the day of delivery of the notification, the person named therein becomes the customer, who enters into the rights and obligations of the original customer, while together with him, they are jointly and severally responsible for paying the price of the stay or the ordered services, as well as any costs incurred by TC in connection with the change of the customer . In the case of non-payment of the full price for the ordered services or costs related to the change of customer, Article II, point 5 of these terms and conditions shall apply.
f.) The right to complain about deficiencies and faulty performance according to Article VI. these conditions.
g.) The right to the protection of personal data in accordance with the relevant legal regulations, whereby by signing the Agreement or sending a completed reservation form, the customer gives explicit consent to their processing exclusively for the internal needs of TC and other persons who cooperate with TC in securing and providing services for the customer, while the customer also declares that he is authorized to grant this consent also by other persons for whom TC provides services.
2. The basic obligations of the customer include in particular:
a.) To provide TC with the maximum cooperation necessary for the proper provision of the ordered services, in particular the provision of complete and true data for the purpose of procuring the ordered services and other documents and documents on which the provision of services is conditional. In the case of failure to properly fulfill this obligation, the customer is obliged to pay all costs and damage caused by providing incorrect and incomplete TC data.
b.) Report in advance the use of services by persons other than nationals of the Slovak Republic, otherwise, TC is not responsible for the provision of services to these persons. These persons themselves are responsible for fulfilling all the necessary requirements, which are conditional for them to use services in the Slovak Republic and abroad.
c.) Pay the full price for all ordered and tour-related services in accordance with Art. II. of these conditions and, if necessary, prove this fact with a document, otherwise, TC may withdraw from the contract and, in addition to cancellation fees, is also entitled to compensation for damage caused by TC’s breach of obligations.
d.) In the case that TC announces additional changes in the ordered services, the customer is obliged to immediately notify TC of his opinion in writing, otherwise TC has the right to withdraw from the contract in its entirety.
e.) Take over from TC the Voucher necessary to use the ordered and paid services and check the correctness of the data in it.
f.) When using services, follow the instructions given in the Voucher for the stay
g.) During treatment stays, the client is obliged to familiarize himself with the contraindications of the given spa. TC is not responsible for any damage to the client’s health caused by his decision to participate in the treatment stay as stated above.
h.) Follow the instructions of the guide or the representative of the agency and comply with the established program and the relevant legal regulations of the visited country as well as the place of residence and the object, in the case of their violation or in case of serious disruption of the program or drawing of services, TC is entitled to deny the customer their provision, whereby the customer losesTC the right to these as well as to other unused services, without the right to refund the paid price of the ordered services.
i) Be personally responsible and pay for any damage caused by your actions during the use of services in the means of transport or in accommodation and other facilities.
j) provide TC with relevant true, correct and up-to-date personal data in accordance with §16 of Act No. 122/2014 on the protection of personal data.
1. Before the start of services:
a.) In the case that circumstances arise to make it impossible for TC to provide the ordered services according to the original contractual relationship, TC is obliged to ensure their change, including the price of the stay, or to cancel them, while it is obliged to notify the customer of these facts without delay before starting the provision of the service.
b.) In the case of cancellation of the ordered services, change of the date of fullfilment of services more than prior 48 hours or in the case of a major change of the accommodation (its name, location, category, class and level of amenities and the main characteristics of the accommodation and the price for additional services) by the travel agency, TC provide the customer with a written proposal, stating the customer’s request for his opinion to approve the change within 24 hours, with a notice of his right to withdraw from the contract without sanctions in accordance with Art. V. If in the period of 24 hours of receiving the proposal for approval of changes, the customer does not announce his opinion on the proposed changes, TC has the right to withdraw from the contract.
c.) If in 2 days of receiving the proposal for approval of changes, the customer does not deliver his opinion on the proposed changes, or does not withdraw from the contractual relationship, TC has the right to withdraw from the contract.
d.) In case of additional ordering of services by the customer, TC charges a handling fee of EUR 3.50 per person and service.
2. While drawing services:
a.) TC is authorized to make operational changes to the ordered services, if due to serious objective reasons, force majeure interventions, decisions of state and other competent authorities or extraordinary circumstances that TC has no possibility to influence and foresee, it is not possible to ensure the original program and services, while in such a case, TC is obliged to:
– provide an alternative program and services in the scope and quality that are as comparable as possible and corresponding to the original ordered services, while in such a case the provision of services at least at the same level (e.g. replacement accommodation in a hotel of the same or higher category, …) are all other claims of the customer excluded, or
– return to the customer the price paid for non-provision, or services not compensated by substitute performance, or
– provide the customer with a discount from the paid price of services that were not fully provided.
b.) TC is not responsible for the consequences of changed services due to the reasons according to the previous point, further the delay of the means of transport caused by technical faults, weather, traffic situation, strike and the like, if it proves that the damage was not caused by TC, nor by its suppliers of services that provide as part of the tour. The stated responsibility and its proof does not concern the occurrence of damages caused by force majeure.
1. The customer has the right to withdraw from the contractual relationship, or cancel the service, by written or electronic notification, which is effective on the day it is delivered to TC. In such a case, the customer is obliged to pay TC the following contractual fines (the stated amounts apply to 1 person regardless the age):
Cancellation conditions for individual orders are understood as orders of up to 3 persons inclusive, and cancellation fees I. apply. For orders of 4 persons and more, group orders are understood and cancellation fees II. apply.
Cancellation fees I.
Up to 30 days before the start of using the service without fees
29 – 15 days before the start of the service 50% of the total price of the service
14 – 08 days before the start of the service 75% of the total price of the service
07 – 00 days before the start of the service 100% of the total price of the service
Cancellation fees II. For group orders.
Up to 60 days before the stay without fees
59 – 30 days before the start of the service 30% of the total price of the service
29 – 15 days before the start of the service 70% of the total price of the service
14 – 08 days before the start of the service 90% of the total price of the service
07 – 00 days before the start of the service 100% of the total price of the service
2. In the case of cancellation of one person in a 2-bed room, the remaining TC person must pay an additional fee for a single room, the same applies when occupying accommodation, the price of which is calculated for a fixed number of people. To determine the number of days when calculating the cancellation of fees, the day when the withdrawal from the TC contract was duly notified is also taken into account.
3. In the case that the customer does not start using properly secured services for any reason, or based on his own decision does not use them at all or only partially, he is not entitled to a refund of part of the price for unused services.
4. In the case of a request by the customer to change the date or accommodation, if TC is able to provide such a change, the procedure is the same as for the cancellation of the original order and the introduction of a new one, while the cancellation conditions according to this article apply, unless otherwise agreed.
5. In the case of cancellation of a gift voucher that does not have a bindingly confirmed arrival and departure date by the client, a cancellation fee of 30% of the total price of the paid gift voucher will be charged.
6. In the case that TC is obliged to return a certain amount of money to the client, TC is not responsible for exchange rate differences.
1. In the case that the scope and quality of the provided services is objectively lower than the agreed level, the customer has the right to claim and remove the erroneously provided service. The customer is obliged to exercise this right immediately directly with the service supplier or TC representative, in cooperation with whom a written record will also be prepared. In the case of non-compliance with this procedure, the right to claim, exercised only after the end of the claimed services, expires.
2. If the TC does not ensure proper and in time correction of the complained services, the client can exercise his right in the TC upon return without delay, at the latest within 30 days from the end of services, or in the case that the stay did not take place from the day when the stay was supposed to end according to the contract , otherwise the right expires, while the customer shall document the written exercise of his rights with a record made according to the previous point 1. In this case, the customer is entitled to a discount from the paid price of the services, corresponding to the difference between the ordered and actually provided services.
3. TC is released from responsibility for damage caused by breach of its obligations in the provision of services or withdrawal from the contract, if the damage was not caused by it or its contractual partners, and the damage was caused by the customer or a third party that is not connected with the provision of services or an case whose could not be prevented even with all efforts or due to unusual and unforeseeable circumstances.
4. When dealing with a complaint, the customer is obliged to provide maximum cooperation with TC, so that deficiencies can be eliminated as effectively as possible and any damages can be prevented or their extent reduced.
5. TC is not responsible for the level of services that the customer himself orders from third parties. The amount of compensation for damages as well as all other claims related to air transport, which are part of the services provided (loss, damage, late delivery of luggage, flight delay, change of flight date, etc.) are governed by the relevant regulations applicable to air transport and the customer’s claims in connections with air transport to TC are excluded.
1. If the customer of the services does not have a clear and obvious content of the designation of the services in question listed in the Contract, he is obliged to inform himself about their meaning when entering into a contractual relationship, or request a different designation. Explanation of some possible abbreviations that indicate the scope of services specified in the Agreement or in the Contractual confirmation of the reservation or on the Voucher used by travel agencies, travel agencies, hotels, airlines or other suppliers of services in the tourism industry:
TYPE OF ACCOMMODATION:
DBL – “Double Room” – standard double room;
2+0 – double room
½ – double room
2+1 – double room with extra bed;
2+2 – double room with two extra beds;
TRPL – triple room
APP – apartment
AI – “All Inclusive”;
FB – Full Board (breakfast, lunch, dinner);
HB – Half Board (breakfast, dinner);
BB – Breakfast
2. These General Terms and Conditions apply to all tourism services ordered in TC. The Client confirms by signing the Agreement or by confirming the reservation in writing in electronic form or by paying funds for the ordered services to the TC account that he is aware of these General Terms and Conditions, agrees with them and accepts them in full.
3. In the case of the necessity of applying the interpretation rule, if there is a conflict between the documents representing the regime of the contractual relationship, the primary Contract, then the law, then the General Terms and Conditions, then the Travel Instructions sent 7 days before the start of using TS services. These General Terms and Conditions are processed in accordance with Act No. 281/2001 Coll. on tours, business conditions of travel agencies and travel agencies and on amendments to the Civil Code, as amended.
4. All data and instructions contained in the price lists and on the TC website correspond to the information known as of January 1, 2017, and TC reserves the right to change them until the conclusion of the Contract with the customer.
5. These General Terms and Conditions are valid from 01.01.2017.
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