Terms & Conditions of Pilsenjoy s.r.o.
These terms and conditions are governed by Act no. 89/2012 Coll., The Civil Code, and are valid for all Journeys organized or mediated by Pilsenjoy s.r.o., IČ 61503487, with registered office at V Šipce 653/8, Jižní Předměstí, 301 00 Plzeň, registered in the commercial register of the Regional Court in Plzeň, Section C, Insert 6541 (hereinafter "Pilsenjoy").
1. Subject of the contract and definitions
These terms and conditions govern the rights and obligations of Pilsenjoy and a Client for the sale and mediation of Journeys.
The Journey is defined as a travel product of Pilsenjoy involving one or more of the following services: transport, accommodation, experiences, tours and other tourism services (hereinafter referred to as "Journey"). Each Journey does not have to be package tour within the meaning of the provision § 2522 Act no. 89/2012 Coll., Civil Code. If the Journey is not a package tour, the client is not protected in its entirety as a customer with a contract for the package tour. Client is notified about this fact before the contract is concluded.
Experience is defined as an event which is to enable the client to get to know cultural, artistic, culinary, sports, nature-related, social or other conditions of visited destination.
Client is understood as a individual or legal person who purchases The Journey, participates in the The Journey or was assigned the status of The Journey (hereinafter referred to as "Client").
2. Creation of a contract between Pilsenjoy and the Client
Contractual relationship between Pilsenjoy and the Client is formed as the conclusion of the Journey ("hereinafter „Contract“). The proces of conclusion of the Contract can be realised in two ways:
Contract of the Journey custumized according the special requirements of the client (hedeinafter „Customized contract“)
The process of conclusion of the Customized contract involves the following steps:
i) Pilsenjoy presents the categoriesed offer of Journeys on its web and provides them with indicative price;
ii) The client selects desired experiences, accommodation, transport and other tourism services or other activities on and goes to the tentative order - form;
iii) The client fills out the form for the journey;
iv) By clicking on the "Send" button, Client ID is created that will be part of the next steps of purchasing the Journey and the the form is sent to the Pilsenjoy email as a non-binding demand for a Journey from Client;
v) Pilsenjoy contacts Client;
vi) Pilsenjoy and Client vias mutual communication create the final offer price and Journey;
vii) After approval of the offer by the Client electronically or verbally, Pilsenjoy sends confirmation electronically via email to the Client. The confirmation includest an overview of all services included in the Journey and the total price of the Journey. General terms and conditions will be attached. The invoice or call for payment via online bank transfer or payment gateway will be included;
viii) The client will confirm via e-mail confirmation of the Journey and acceptance of General terms and conditions;
The Customized contract is concluded when the Client confirms via e-mail the Journey confirmation, total price of the Journey and acceptance of general terms and conditions.
Contract of the Journey consisting of standardized services (hedeinafter „Standard contract“)
The process of conclusion of the Standard contract involves the following steps:
i) Pilsenjoy on its web site presents an offer of standardized services and their exact description and price;
ii) The Client chooses on Pilsenjoy web from the services offer and fills in the required service order including all required information;
iii) The Client validate the data given in the order, including information from the organizer before sending the order. The Client also confirms his agreement with the general terms and conditions of Pilsenjoy that are listed on the Pilsenjoy web site;
iv) The client places an order of the Journey and pays the price via bank trasfer, on-line credit card payment or through a payment gateway. By submitting the order of the Journey, Client ID of the Journey is created and will be part of the next steps;
v) Pilsenjoy will send on his email the confirmation of the Journey within 24 hours from receiving of order and receiving of payment confirmation of the Journey;
The standard contract is concluded when the client makes an order of the Journeys with the acceptance of general conditions, pays the price of the Jeourney, and Pilsenjoy upon receipt of this order and payment confirms the Journey to Client.
3. Price and payment terms
The Client agrees to pay to Pilsenjoy agreed cotracted price according to the terms agreed under Customized contract.
For the purpose of paying the price of the Journey in the mode of Customized contract, invoices and/or instructions for online payment will be issued and send to Clients e-mail address. Pilsenjoy accepts online payments via payment gateway, credit card or bank transfer. Journey must be paid upon email confirmation of Journey acceptance and acceptance of general terms and conditions by the Client, either within five working days of this acceptance, or the last day before commencement of the journey, whichever occurs first. In terms of time is a decisive moment for crediting their accounts Pilsenjoy.
For the purposes of payement of Journeyin the mode of Standard contract, the Client is instructed to pay the Journey on-line while ordering the Journey. Pilsenjoy accepts online payments through payment gateway or bank transfer. The price of the Journey must be paid while ordering the Journey online either within three working days of this Journey order, or the last day before commencement of the journey, whichever occurs first. In terms of time, decisive moment is crediting the payment on Pilsenjoy account.
After concluding the contract, Pilsenjoy is entitled to unilaterally increase the price of the Journey just in case there is an increase of:
- The price of transport, including fuel prices,
- Payments related to transport, eg. Airport and port taxes, which are included in the Journey price
- Czech Koruna exchange rate used to determine the package price by more than 10%
and if this change occurs till the 21st day prior to departure.
Prices of Journeys are calculated at prices of transport and payments related to transportation charged to Pilsenjoy by carriers on the date of conclusion of the contract. In the event of an increase, the price of a Journey will increase by the amount of the increase. Written notice of the price increase must be sent to a Client no later than 21 days before the start of the journey, otherwise Pilsenjoy is not entitled to payment of the difference in price for the Journey.
Tips and recommendations that the client receives from Pilsenjoy, are not binding and they are not included in the Journey price.
4. Consequences of not paying the Journey price in the mode od Customized contract
If the client does not pay the invoiced price of the Journey according to the terms of Art. 3, Pilsenjoy is entitled to withdraw the Customized contract. The client in this case is obliged to pay Pilsenjoy compensation of the air-ticket price or other transportation, lodgings, as well as all other services that have been ordered from vendors on behalf of Clients + 15% of this amount as reimbursement of overhead costs covered by Pilsenjoy in relation to secure the Journey for the Client (maximum of 100% of the total price of the Journey), but minimum being 50% of the total price of the Journey.
5. Passport, visa requirements, health formalities and preparation
For travel abroad, Pilsenjoy informs the Client before concluding the Customized contract about passport and visa requirements associated with the Journey and the length of their execution. The same applies to medical documents. The client is obliged to equip him or herself for the purposes of the Journey with relevant documents as well as medicines and other aids, which are usually used by him/her.
6. Change of a Journey
If Pilsenjoy is for objective reasons forced to fundamentally change the terms of the contract before the Journey, the Client will be offered an amendment. If the proposed change leads to change in price of Journey, the new price must be stated in the amendment. The client has the right to decide whether to agree to the change. If he/she disagrees with the change of contract, he/she has the right to cancel the contract within five days of receipt of notification of the change. If the Client does not withdraw from the contract during this period, the amendment is automatically approved. When a new contract is concluded the payments made under the original contract are considered payments under the new contract. If the price of the new Jourrney is lower than the payments already made, Pilsenjoy is bound to return this difference to the Client without delay.
Pilsenjoy is entitled to perform operative changes in travel plans, if there are serious reasons not to stick to initially planned services. Especially the experiences are due to its uniqueness risky. Experiences are created in collaboration with small local suppliers who provide services personally. Therefore, the client agrees that in case of sudden unavailability of experience, he/she will be provided by a replacement of other Pilsenjoy experience in a similar range and performance, or refunded the price of the experience; It does not apply in case of an absence of experience due to force majeure. Unavailability of particular experience is not a reason for canceling the contract, nor is it a reason to provide additional discounts.
7. Referral of a Journey (meaning to another participant)
Before starting the journey, the Client can transfer a Journey to a third party if it meets the conditions of participation in the Journey. A change in the person of the Client is effective, when delivered by the Client to Pilsenjoy through notification no later than seven days before the start of the Journey, together with the statement of the new Client agrees with the contract and fulfills conditions for participation in the Journey. The original and new Client are jointly and severally liable for payment of the cost of transport and reimbursement of costs of a Journey and the costs that Pilsenjoy has incurred in connection with the change of the Client. If a Client change is necessarily associated with the increase in prices of individual services of a Journey, are original and new Client also obliged to pay the increase.
8. Withdrawal from the Contract
The client is entitled to cancel the contract at any time during the time of concluding the contract, without giving reasons. Only if the reason for withdrawing is his/her disapproval of Journey amendment or breach of obligations from Pilsenjoy side, Client has no obligation to pay severance pay according to this article below.
If the client withdrew from the contract, Pilsenjoy is obliged to promptly return all received payments from him/her as payment for the Journey. In the event of the resignation of the Client's obligation to pay severance pay, Pilsenjoy counts its entitlement to severance pay compared to the amount paid already by the Client and return to the Client the rest.
Pilsenjoy may cancel the contract before start of the Journey only due to Journey cancellation or due to breach of obligations by the Client. If a journey is canceled due to unavoidable events that Pilsenjoy could not have prevented even with all effort that can reasonably be expected, Pilsenjoy is not obliged to pay the Client the damage caused to him/her, nor penalties for which entitlement has occured.
With the exception under the second sentence of Article 8. Client is in withdrawal from contract obliged to pay severance to Pilsenjoy. Severance pay in case of withdrawal is:
- from conclusion of the contract to 30 calendar days (included) prior to the start of the Journey - airfare or other transportation, lodgings, as well as all other services thath have been ordered from vendors on behalf of clients + 15% of this amount as reimbursement of overhead costs which occurred to Pilsenjoy in relation to prepare the Journey for client (maximum 80% of the total price of the Journey), at least 50% of the total price of the Journey,
- 30 calendar days to 4 working day (included) prior the start of the journey - 80% of the Journey price
- 3 or fewer working days before starting the journey - 100% of the Journey price
The same severance pay has to be borne by the Client also in the event of Pilsenjoy withdrawing from the contract due to breach of obligations by the Client. Severance pay in the event of withdrawal from the Pilsenjoy side due to failure to pay the price by Client is regulated in Article 4 above.
9. Journey claims
In the case that the extent or quality of a Journey is lower than agreed, the Client's is obligated to communicate this fact to Pilsenjoy, so that it can be remedied without delay, if possible on the spot. For these purposes, the client contacts the agency Pilsenjoy by tel. +420 724 617 975 or e-mail address email@example.com.
Pilsenjoy however is not responsible for the level of other services that Client orders on the spot from other service providers or for damages caused in this connection.
When a Client requests a discount on the price of the Journey, he/she must do so by Pilsenjoy without undue delay, but not later than one month after the end of the Journey.
The client is not entitled to a discount on the price of the Journey, if the circumstances arise on the the Client side, based on which the Client does not use the Jouerney or part of it.
10. Liability for damage and harm
The client is at all times obliged to act so as to prevent damage or injury to him/her, other Clients, Pilsenjoy and its business partners. The Client is obliged to comply with local regulations and recommendations, and follow the instructions of local service providers. The client will pay for any damages and injuries they have caused to local providers.
The Client participates at all experiences and programs during Journey at her/his own risk.
Pilsenjoy is responsible only for the damage and harm that was caused by Pilsenjoy or its providers by violating their obligations. Even then, however, Pilsenjoy is not liable for damage if it was caused by the Client, a third party not connected with providing services, or exceptional unforeseeable and insurmountable obstacle arising independently of the will of the provider.
Any claims for damages and harms the client claims immediately by local service provider.
In case of Pilsenjoy obligation to pay damage and harm caused by breach of obligations by the Client, eg. Costs incurred in connection with ill or injured Client, loss of his/her travel documents in the context of providing transport and accommodation in addition, damage to housing facilities or means of transport, the Client is obliged to compensate the damage. If Pilsenjoy has suffered damage that threatened the Client, Pilsenjoy is entitled to compansation of damages suffered, to the extent reasonable imminent harm.
Pilsenjoy is insured against bankruptcy under the Act 159/1999 Coll. On the basis of this insurance, Client is entitled to demand indemnity from Pilsenjoy insurer in case Pilsenjoy due to bankruptcy:
i) does not provide transportation from place of residence to the place of departure
ii) does not return the deposit or price of the Journey that did not take place,
iii) does not return the difference in price when the Journey took place only in part.
Pilsenjoy will hand over to Client (if requested by him) together with the confirmation of Journey information about the insurance company containing the name of the insurance company, insurance conditions and notification of an insured event.
The price of the Journey does not include Travel Insurance. At the request of the Client, Pilsenjoy is able to convey Travel Insurance to the Client. The insurance contract is concluded between the Client and the insurance company.
12. Notifications for Clients Journey is not a package tour
Some of the rights referred to in Article. 6 to Art. 11 above (eg. Law relating to bankruptcy of Pilsenjoy, the right to substitute a Journey, right of withdrawal, the right to a discount, etc.) do not include a Client who was warned that his/her Journey is not a package tour. Journey is not typically not a packaged tour if it includes only a combination of experiences.
In the event that Pilsenjoy the sale of a Journey only mediates, Pilsenjoy is not responsible for the quality of services nor for the damage and harmcaused to Cient.
13. Consent to processing of personal data and sending commercial communications
By concluding the contract the Client also agrees to receive commercial communications by Act no. 480/2004 Coll., on certain information about Pilsenjoy services to the electronic mailing address of the Client.
Consent to the handling of personal data also applies to the disclosure of such information to employees of Pilsenjoy, its brokers, dealers, and in the case of electronic contact to those authorized to distribute on behalf Pilsenjoy its commercial communication.
The Client has the right to consent to the processing of personal data and consent to receive commercial communications by sending a request to the email address firstname.lastname@example.org.
14. Final provisions
These terms and conditions are an integral part of the contract and the Client by concluding the contract confirms that prior to its conclusion he/she got acquainted not only with the contract, but also with these terms and conditions and all other components of the contract, understands them and agrees with them.
The content of the contract takes precedence over general terms a conditions.
Possible invalidity of individual provisions shall not affect the validity of these general terms and conditions as a whole.
These terms and conditions come into force and effect on 15.2.2016.
In Pilsen on 15.2.2016
Mgr. Tomas Raboch