General Terms and Conditions

valid for business relations between VIOLA travel s.r.o., with registered office at Krakovská 1695/21, 110 00

Prague 1, ID:27926940, and its customers

Introductory provisions

These General Terms and Conditions (hereinafter referred to as “GTC”) of the travel agency Viola travel s.r.o. (hereinafter referred to as “CK”) are valid for all tours organized by the CK.
The CK informs the customer about which contract their pre-contractual communication is aimed at no later than before the conclusion of the tour contract or any other contract. For this purpose, the tour operator will provide the customer with the relevant tour form.
The General Terms and Conditions of the CK regulate, in accordance with the generally binding legislation in force and in particular Act no. 89/2012 Coll. Civil Code, the rights and obligations of the contracting parties arising from a validly concluded contract.

I. Parties to the contractual relationship

The parties to the contractual relationship are:
1. the organizer – VIOLA travel s.r.o., with registered office at Krakovská 1695/21, 110 00 Prague 1, ID No.: 27926940, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 127023, and
2. the customer, which can be either a natural or a legal person.

II. Subject matter and formation of the contractual relationship

The subject of the tour contract concluded between the CK and the customer are tours within the meaning of § 2521 et seq. of Act No. 89/2012 Coll., the Civil Code.
The tour is provided to the customer on the basis of a valid and effective tour contract, the content of which is divided into several documents: (i) a form tour contract, (ii) other tour specifications confirmed by both parties via email, (iii) these GTC; and (iv) the description of the tour in the catalogue or other offer material, including online versions thereof. All such documents shall be binding on the Parties. The text of the form tour contract takes precedence over the GTC and the description of the tour in the catalogue or other offer text.
The sale of the tour is understood as the moment of conclusion of the tour contract. The tour contract is concluded when the customer confirms the tour offer in the communication process. The conclusion of a tour contract is considered to be
1. original signature of the customer and the CK on the submitted form tour contract within the time limit specified by the CK,
2. confirmation of receipt of the scanned and signed by the customer form of the tour contract within the time limit specified by the CK.
The tour contract is effective upon payment of the deposit or the full price of the tour within the time limit set by the tour operator. If the customer does not provide the deposit within the specified time, the CK has no obligations towards the customer.
By signing the contract, the customer confirms that
1. has made himself and other passengers aware of these General Terms and Conditions, the catalogue and the price list, that he has accepted them and that all customers accept them unconditionally,
2. he was given information detailing the tour,
3. he was given proof of insurance against bankruptcy,
4. he was given the relevant form according to Decree No. 122/2018 Coll., on specimen forms for individual types of tours and associated travel services,
5. provided with general information on passport and visa requirements for travel, including approximate visa processing times, and information on the health requirements of the country of destination,
6. he was given the contact details of a local CK representative,
7. is authorised to conclude the tour contract, including for the benefit of other travellers, and that these other travellers have duly authorised him/her to register and participate in the tour. If the customer enters into a tour contract on behalf of a person under the age of 18, he/she declares that he/she is the legal representative of the minor or that he/she has his/her consent and that he/she agrees to the participation of the minor in all parts of the tour.
If the customer enters into a tour contract for or on behalf of third parties, the customer is liable as a co-obligor for the fulfilment of all obligations of these parties, including the timely payment of the tour price and the provision of the necessary information.
By signing the tour contract, the CK undertakes that if the condition precedent to the effectiveness of the contract according to par. 4 of this article, the customer will be provided with the tour, respectively. ordered services in the agreed quality and scope.
Unless otherwise stated in the detailed tour description or in the form tour contract, CK tours are not suitable for persons with reduced mobility.
Unless otherwise stated in the detailed tour description or in the form tour contract, the services of the delegate, resp. guides are provided in Czech or Slovak language.
Catalogues of tours and stays are issued in advance. Therefore, CK reserves the right to change the information in the catalogue before the conclusion of the contract. In this case, if the information in the contract and the catalogue differs, only the information in the contract is binding.
The tour operator will deliver detailed travel instructions to the customer in a suitable manner no later than seven days before the start of the tour. This is information that is relevant to the trip, in particular information about scheduled departure times, check-in times, scheduled stop times, transport connections and arrival times, which was not provided to the customer before the conclusion of the travel contract. Within the same period of time, the CK will hand over to the customer the necessary receipts, vouchers and transport documents, in particular the air ticket, accommodation or meal voucher, the document necessary for the provision of optional trips or any other document required for the tour. If the tour contract is concluded less than seven days before the start of the tour, the CK shall fulfil the above obligations already at the conclusion of the tour contract.

III. Tour price

The price of the tour is the price according to the contract. Any discounts announced by the organizer after the date of conclusion of the tour contract do not entitle the customer to a discounted price.
The price of the tour and the price of other ordered additional services is specified in the form contract of the tour. Prices include VAT.
The price of the tour includes the services that are explicitly mentioned in the catalogue or other offer text in the section “Included in the price”.

IV. Payment terms

Unless otherwise stated in the tour contract, the customer is obliged to pay 30% of the total tour price within three days of the conclusion of the tour contract. The customer is obliged to pay the balance by the deadline set in the tour contract, but no later than 30 days before the start of the tour. If the contract is concluded in less than 30 days before the start of the tour, the customer is obliged to pay 100% of the total price to the organiser within the time limit specified in the tour contract.
Payments are made either in cash (by transfer to the organiser’s account) or in cash at the place of conclusion of the contract.
The customer’s financial obligation is fulfilled on the day when the financial performance is credited to the account of the CK, respectively. on the day when the CK receives the payment.

V. Obligations of the Customer

The customer’s basic obligations include:
1. to provide the CK with the necessary assistance to properly secure and provide services, e.g. provide the documents needed to secure the visa on time,
2. ensure that persons under 15 years of age are accompanied and supervised by an adult during the trip, and similarly ensure that persons whose health condition requires it are accompanied and supervised,
3. report the participation of foreign nationals,
4. pay the price of the tour,
5. in case of withdrawal from the contract according to no. l. IX. to pay severance,
6. without undue delay to inform the CK of its opinion on any changes to these GTC and the content of the agreed services,
7. receive from CK the documents necessary to use the services provided,
8. arrive at the destination (boarding point) at the specified time with all documents required by the travel instructions,
9. when travelling abroad, carry all documents required for entry to the respective countries of residence and transit; foreign nationals are obliged to inform themselves about visa requirements at the embassies of the individual countries they are travelling to, including transit countries, and to obtain the necessary visas; in some cases, CK can assist with the processing,
10. meet the vaccination, or. other medical obligations when travelling to countries with international health regulations,
11. refrain from actions that could endanger, harm or restrict other participants of the tour,
12. to pay for any damage caused by him in the means of transport or in the accommodation or other establishment where he has used the services provided under the contract.

VI. Assignment of the tour

in cases where the customer exercises his right to assign the travel contract according to par. 1 lit. (i) of this article, he/she is obliged to deliver the notification to the CK and to attach to the notification a declaration of the new customer (assignee) containing all his/her personal data necessary for the conclusion of the contract, namely:
1. agrees to the tour contract, and
2. meets the conditions set for participation in the tour, if these conditions are defined in the tour contract or catalogue. A change in the person of the customer shall be effective against the travel agency if the assignor (original customer) delivers a notification together with the above-mentioned statement to the travel agency at least seven days before the start of the tour.
CK points out that if the tour contract also includes the provision of a visa, in the case of assignment the assignee is obliged to obtain a visa himself.

VII. Change of contract and its consequences

CK reserves the right to make minor changes to its contractual obligations. The CK is obliged to notify the customer of the change in text form in a clear and understandable manner. Non-substantial changes do not give the customer the right to withdraw from the tour contract.
If external circumstances force the CK to substantially change any of the main features of the travel services or if the CK cannot meet the customer’s specific requirements, the customer may accept the proposal or may withdraw from the travel contract within five days without having to pay a termination fee for early termination. The withdrawal period is five days and must end before the start of the tour. Together with the submission of the proposal to change the commitment, the CK shall provide the customer with information recorded in text form in a clear, comprehensible and distinct manner and without undue delay, namely a) the impact of the proposed changes on the price of the tour, (b) the period within which the customer may withdraw from the tour contract, (c) the consequences for the customer if he/she does not withdraw from the tour contract in time; and (d) details of any replacement trip and its price. If the customer does not withdraw from the tour contract within the specified period of time, the customer is deemed to have agreed to the change of commitment.
If in a situation under VII.2. the quality or cost of the tour is reduced as a result of a change in an obligation under the tour contract, the customer is entitled to a reasonable discount.
If the customer withdraws from the contract for the reasons and within the time limit specified in Art. VII.2., he is entitled to a refund of the price paid or the advance payment, or to a transfer of the amount paid to cover the price of the replacement performance, without being obliged to pay a severance payment.

VIII. Withdrawal from the contract

The customer can always withdraw from the tour contract before the start of the tour, but the CK can only withdraw if the tour has been cancelled or if the customer has breached his/her obligation. The effects of withdrawal from the contract shall commence at the moment of delivery of the notice to the other party.
CK can cancel the tour:
1. for not reaching the minimum number of customers. Unless expressly agreed otherwise, the realization of the tour is conditional upon reaching the minimum number of customers indicated in the catalogue or on the CK website; the CK is obliged to give notice of failure to reach the minimum number of customers within the time limit: 1. twenty days before the start of the tour for trips lasting more than six days, 2. seven days before the start of the tour for trips lasting two to six days, 3. forty-eight hours before the start of the tour for journeys lasting less than two days;
2. unavoidable and extraordinary circumstances prevent it from fulfilling the obligation.
The customer violates his/her obligation in particular by failing to pay the deposit, the supplementary payment or the full price of the tour on time, failing to arrive at the place of departure on time, failing to repeatedly follow the instructions of the tour leader or otherwise seriously disrupting the course of the trip or stay.
The Customer is obliged to pay the CK a cancellation fee in accordance with point IX below.
The customer does not pay the severance payment if the reason for withdrawal is: a) external circumstances force the CK to substantially change one of the main elements of the tourism services included in the tour; b) The CK cannot meet the specific requirements of the customer that it has accepted; (c) unavoidable and extraordinary circumstances have arisen in the place of destination or stay or in its immediate surroundings which have a significant impact on the provision of the tour or on the transport of persons to the place of destination or stay; d) The tour operator withdrew after cancelling the tour for not reaching the minimum number of participants; (e) The tour operator has withdrawn after being prevented from fulfilling the obligation by unavoidable and extraordinary circumstances and has notified the customer of the cancellation without undue delay before the start of the tour. In such cases, the CK is obliged to refund all payments made by or on behalf of the customer without undue delay, no later than 14 days after the cancellation of the tour contract. In the situation referred to in point (a). c), (d) and e) the CK shall not be liable to the customer for damages.

IX. Severance Pay

The amount of the cancellation fee is always determined by the actual costs incurred (e.g. cancellation fees for tickets already issued) or by a percentage of the total price of the tour according to the concluded contract or by a fixed amount per person, depending on the type of tour and the period within which the cancellation took place. A person is defined as a customer and a passenger, including children. Severance pay is negotiated as follows:
1. 500,- CZK for each person, if cancellation of participation in the tour occurs before 60. the day before the tour starts,
2. 20% of the total price of the tour if cancellation occurs between 59. on 30. on the day before it starts.
3. 50% of the total price of the tour, if cancellation of the tour occurs between 29. on 21. on the day before it starts,
4. 70% of the total price of the tour if cancellation of participation in the tour occurs between 20. on 15. on the day before it starts,
5. 80% of the total price of the tour if cancellation occurs between 14. on 7. on the day before it starts,
6. in the amount of 90% of the total price of the tour, if cancellation of participation in the tour occurs between 6. on 4. on the day before it starts,
7. 100% of the total price of the tour if cancellation of participation in the tour occurs between 3. the day before the start of the tour until the first day of the tour.
If the costs incurred by the CK as a result of the cancellation of participation within the meaning of para. 1 of this article, exceeds the severance pay, the customer is obliged to pay the difference between these actual costs and the severance pay (in order to cover the full costs of the CK). CK has the right to unilaterally offset the cancellation fee against the deposit or price or part thereof provided by the customer.
In determining the number of days for the calculation of the severance payment, the day on which the effects of the withdrawal from the contract occurred shall be included in the number of days. This number of days does not include the day set as the start date of the tour.
If the customer does not join the tour or does not use the service without prior cancellation of the contract or because he fails to fulfil any of his obligations necessary for the tour, he pays 100% of the price, i.e. the sale price including all optional services purchased by the customer in full, without applying any discount on the price.
Actual costs incurred shall mean the costs incurred by the CK to arrange the tour and related services requested by the customer and the costs incurred in connection therewith, as well as the organiser’s operating costs and the prices, fees and reimbursements to domestic and foreign suppliers of goods and services contracted, ordered or stipulated by law.
Please note that already issued tickets may be subject to a cancellation fee of up to 100% of their price.
At the customer’s request, the CK will justify the amount of the severance payment.

X. Complaints and Complaints Procedure

The tour operator is responsible for the proper provision of the tour and is obliged to assist the customer in case of difficulties.
A tour is defective if any of the tourism services included in the tour are not provided in accordance with the tour contract.
In the course of using the services, the customer is obliged to point out the defect and to file a complaint without undue delay with the organizer of the service, i.e. with the guide or delegate, if the tour operator has one, or another responsible person so that the defective condition can be urgently rectified, the service supplemented or provided again. The Customer shall also set a reasonable time limit for the removal of the defect, unless the CK refuses to remove the defect or immediate remedy is required.
The customer undertakes to draw up a complaint report with person representing the CK. The report will state when the customer submitted the complaint, what its content is and what method of handling the complaint the customer requires. The log must be dated, if evidence is given by the customer, it shall be noted in the log. The protocol shall be signed by the person drawing up the protocol on behalf of the CK and the customer, who by signing the protocol agrees with its content. The CK is obliged to issue the customer with a confirmation of the date and method of handling the claim, confirmation of the method of remedying the claimed service defect, including the duration of the claim, and in the event that the claim is rejected, also justify this rejection in writing.
The travel agency is obliged to accept the claim at any of its offices or headquarters, and if the travel contract was concluded through a sales representative, the customer has the right to file a claim with him.
The CK will remedy the defect of the tour, unless this is not possible or the remedy of the defect requires disproportionate costs with regard to the extent of the defect and the value of the travel services concerned. If the CK does not remove the defect within the specified period, the customer has the right to remove the defect himself and claim compensation for the necessary costs. In the event of a material defect, the customer may withdraw from the tour contract without payment of a cancellation fee.
In the event of material defects in the tour after departure, the CK shall offer the customer, at no additional cost to the customer, a suitable alternative solution, preferably of the same or higher quality than that agreed in the tour contract, so that the tour can continue; this also applies in cases where the customer’s return to the place of departure is made by means other than those agreed. If the proposed alternative solution is of a lower quality than that specified in the tour contract, the CK will provide the customer with a reasonable discount. The customer may only reject the proposed alternative solution if it is not comparable to what was agreed in the travel contract or if the discount given is not reasonable. In this situation, if the tour includes transportation, the tour operator is obliged to provide the customer with equivalent transportation to the place of departure or to another place agreed upon by the parties without undue delay and without additional cost to the customer.
If, due to unavoidable and extraordinary circumstances, it is not possible to ensure the customer’s return in accordance with the travel contract, the travel agency shall bear the cost of the necessary accommodation, preferably in an equivalent category, for a maximum of three nights per customer. A travel agent may not rely on unavoidable and extraordinary circumstances if such circumstances cannot be relied on by the carrier concerned under applicable Union law.
If the tour has a defect and if the customer has pointed it out without undue delay, the customer is entitled to a price reduction in an amount proportionate to the extent and duration of the defect. If the customer requests a discount, he/she should submit his/her request to the tour operator or intermediary without undue delay after the end of the tour. The limitation period for the customer’s right to a discount is two years.

XI. Insurance

Unless otherwise stated, the prices of standard foreign tours do not include travel and stay insurance or other insurance. The organiser’s compulsory insurance against bankruptcy is not affected.
Detailed information on the conditions and scope of travel and stay insurance that the organizer can arrange for the customer will be provided at the CK’s offices or its sales representatives.
The organiser is insured against bankruptcy by the insurance company Slavia pojišt’ovna a.s., with registered office at Revoluční 1, 110 00 Prague 1, e-mail: info@slavia-pojistovna.cz, tel.: 255 790 111.

XII. Mediation of sale of other tourism services

For the purpose of arranging other tourism services, the CK is not insured in case of bankruptcy and is not obliged to provide the customer with a form according to Decree No. 122/2018 Coll., on specimen forms for individual types of tours and associated travel services.
When arranging the sale of other services, the CK is not a party to contracts after the provision of individual tourism services and therefore has no obligations under the arranged contracts. CK is not liable for defects in the mediated tourism services or for damages incurred. CK is not obliged to accept complaints regarding defects in the mediated tourism services. The liability of the tour operator is limited to the provision of other services and does not apply to the provision of such services. The rights and obligations of the customer under individual mediated contracts are governed by the contracts with individual providers, respectively. their general terms and conditions.

XIII. Processing of personal data

When processing customers’ personal data, CK complies with generally binding legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27. April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”) and is committed to protecting the privacy and personal life of customers.
The customer acknowledges that the CK processes personal data provided or provided by the customer in connection with the negotiation, conclusion and performance of the tour contract or other contract between the customer and the organizer, as well as personal data collected by the organizer in connection with the provision of the agreed services to the customer. In particular, the customer’s identification and contact data will be processed.
In the event that the customer discloses information concerning his/her health condition to the organizer, the customer acknowledges and expressly agrees that the organizer will process such sensitive personal data in accordance with this article. XIII.
The customer is not obliged by any generally binding legal regulation to provide the CK with his/her personal data; the provision of personal data is entirely voluntary. However, without the provision of personal data, the tour contract or any other contract concluded between the customer and the travel agency cannot be concluded or fulfilled.
The CK will process the customer’s personal data only for the following purposes:
1. the provision of the agreed services and related services on the basis of Art. 6 para. 1 lit. b) GDPR;
2. the protection of their rights and legally protected interests, in particular the establishment, exercise or defence of legal claims based on Art. 6 para. 1 lit. f) GDPR and marketing and commercial purposes on the basis of Art. 6 para. 1 lit. f) GDPR;
3. compliance with a legal obligation laid down by a generally binding legal regulation on the basis of Art. 6 para. 1 lit. c) GDPR (e.g. the organiser’s obligation to keep tax documents under the Value Added Tax Act);
4. processing of personal data on the basis of the customer’s consent pursuant to Art. 6 para. 1 lit. a) GDPR.
Personal data will only be processed for the period of time that is necessary for the purpose of processing, more information on the specific processing period can be found at www.violatravel.cz/page/privacy-policy.
For the purposes set out in para. 6(a), the CK will, to the extent necessary, transfer the customer’s personal data to third parties who will provide the agreed services to the customer or will mediate the provision of such services (hotels, guides, transport companies). These recipients will process the customer’s personal data as controllers responsible for the processing carried out. The customer’s personal data may also be transferred to the extent necessary to a processor with whom the organiser has concluded a contract for the processing of personal data. These are mainly persons who provide delegate services and sales representatives to customers. Information on whether there is a European Commission decision on the adequate protection of personal data when transferring personal data to a third country is available upon request.
The Customer is aware that the Organiser may provide his/her personal data to the requesting public authority to the extent and under the conditions set out in generally binding legal regulations.
The Customer acknowledges that the CK will process his/her personal data in in the scope of name, surname, address, telephone number and email address for the purpose of sending commercial communications. The CK is entitled to send commercial communications by SMS, MMS, email, or by telephone. The customer may object to the sending of commercial communications at any time, either at the address of the CK or by email sent to info@violatravel.cz. In this case, the CK will no longer send commercial communications to the customer or otherwise process their personal data for direct marketing purposes.
The customer may agree, in particular by ticking a box in the tour contract, but also by other declarations, to the CK taking photographs and video recordings of his/her person during the tour and to use these photographs and video recordings in the CK’s promotional materials, both in tangible form and on the website.
The customer has a number of rights in connection with the processing of personal data, in particular the right to request access to their personal data, their correction or deletion, or limitation of their processing. The customer may also exercise the right to data portability, the customer also has the right to object to the processing carried out. The scope of all customer rights is posted on the Promoter’s website and can be viewed at www.violatravel.cz/page/privacy-policy. Customers may address questions and requests regarding the processing of personal data to the following email address: info@violatravel.cz.
If the customer believes that his/her personal data is being processed in violation of the legal regulations, he/she has the right to contact the CK to seek redress. This is without prejudice to the customer’s ability to lodge a complaint directly with the Office for Personal Data Protection.
By ordering a tour and, where applicable, by concluding a tour contract or other contract concluded with the provider that refers to these terms and conditions, the customer confirms that he/she has been informed of the information on the processing of personal data set out in this article. In the event that the customer also enters into a contract on behalf of a third party, the customer confirms that he is entitled to provide his personal data and that this person has been informed of the processing of his personal data pursuant to this article.

XIV. Final provisions

CK has the right to change these GTC to a reasonable extent. In the event of disputes relating to the contract, the parties shall always attempt an amicable solution. If an amicable solution is not reached, disputes will be finally resolved by the general courts in the Czech Republic.
In case of a dispute arising from a contract covered by these GTC, the customer who is a consumer has the right to an out-of-court settlement with the Czech Trade Inspection Authority. Detailed information on the terms of the out-of-court settlement can be found at www.coi.cz.
A customer who has purchased a service online and is a consumer can use the online dispute resolution platform to resolve a dispute. For more detailed information on the terms and conditions of online dispute resolution, see http://ec.europa.eu/odr.
These GTC enter into force and become effective on 21.3.2018 and replace the previous General Terms and Conditions.

General Terms and Conditions

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