Terms and Conditions

GENERAL TERMS AND CONDITIONS 

1. General provisions

Travel and event agency Pilsenjoy s.r.o., Company ID No.: 61503487, with its registered office at V Šipce 653/8, Jižní Předměstí, 301 00 Plzeň, registered in the Commercial Register maintained by the Regional Court in Plzeň, Section C, File 6541 (hereinafter the “Agency”), is a provider of experience Programs, event services and individual tourism-related services.

Contact details: tel. +420 724 617 975, e-mail info@enjoypilsen.cz, website www.enjoypilsen.cz

These General Terms and Conditions (hereinafter the “GTC”) govern contractual relationships and define the rights and obligations between the Agency and the customer ordering services offered by the Agency (hereinafter the “Client”), or a third party for whose benefit the service is ordered, or who uses the service, in particular when purchasing Standard Programs via the Agency’s website or when ordering an Individually Agreed Program based on the Client’s direct inquiry.

All such contractual relationships are governed by generally binding legal regulations of the Czech Republic and these General Terms and Conditions.

2. Definitions

Consumer – a natural person who, outside the scope of their business activity or outside the scope of independent performance of their profession, enters into a contract with the Agency or otherwise deals with it.

Entrepreneur – a person who enters into a contract with the Agency during the conduct of their business activity or performance of their profession.

Client – the person ordering the service(s); the Client may be a Consumer or an Entrepreneur.

Participant – a person who actually participates in the Program; the Participant is either the Client (the person ordering the Services) if the Client participates in the Program; or a third party for whose benefit the contract was concluded or to whom the Client assigns or transfers the Service/Program (including resale); or a third party to whom the Client or a Participant assigns the contract (i.e., the rights and obligations under the contract) prior to the start of the Program in accordance with these GTC and with the Agency’s consent where required; any such person, by assuming the position of Participant, accepts the rights and obligations arising from the contract and these GTC.

Supplier – a third party through whom certain partial services are provided (e.g., carrier, guide, attraction operator, catering provider, venue rental provider).

Service – any and all services provided by the Agency to the Client or the Participant under the conditions set out in these GTC.

Program – a service or a set of services provided within one event ordered by the Client (e.g., guiding services, tickets, local transport, reservations, coordination, accompanying Program, activities, venue rental, catering, etc.) to the extent agreed in the contract (order + confirmation, or offer + acceptance).

Standard Program – a standardised one-day Program compiled by the Agency and offered for direct purchase on the Agency’s website. It consists of a set of tourism-related services provided within a one-day event (e.g., guiding services, tickets, transport, reservations, coordination, experiences, catering, etc.) to the extent agreed in the contract (order + confirmation).

Individually Agreed Program – a Program prepared by the Agency based on the Client’s individual request; its scope and price are agreed by making an offer and accepting it.

Experience – an activity or event intended to enable the Participant to discover cultural, artistic, culinary, sporting, natural, social or other conditions of the visited destination.

3. Subject matter of the contractual relationship

The subject matter of the contractual relationship is the Agency’s obligation to arrange the Program described in the contract and the Client’s obligation to pay the agreed price to the Agency for arranging the Program and to use the services under the stipulated conditions. The contractual relationship arises between the Client and the Agency by concluding a contract for the provision of a Program (hereinafter the “Contract”). The Contract may be concluded in one of the following ways:

A) Contract for an Individually Agreed Program (on inquiry)

The process of concluding a Contract for an Individually Agreed Program typically includes the following steps:

i) The Agency presents typical categories and examples of Programs on its website and may indicate indicative prices;

ii) The Client sends the Agency a non-binding inquiry (typically via a web form, e-mail or telephone) specifying the required parameters of the Program (e.g., date, number of Participants, language, preferences, scope of services, etc.);

iii) The Agency contacts the Client and clarifies the requirements;

iv) Based on the requirements, the Agency prepares a specific offer for the Program (content, scope, conditions and price) and sends it to the Client by e-mail or in another agreed manner;

v) The Client confirms (accepts) the offer by e-mail or in another demonstrable manner;

vi) After acceptance of the offer, the Agency sends the Client a confirmation of the Program (order confirmation), which includes in particular the specification of the Program and the total price, and simultaneously attaches (or makes available via a link) these GTC; the confirmation may also include an invoice, a pro forma invoice or a payment request, including payment details;

vii) The Contract is concluded at the moment the Client demonstrably confirms acceptance of the offer and simultaneously confirms that they have read and agree to these GTC (typically by e-mail), unless the offer expressly states that the Contract is concluded only upon receipt of payment.

B) Contract for a Standard Program (online order)

The process of concluding a Contract for a Standard Program typically includes the following steps:

i) The Agency presents the offer of Standard Programs on its website with their description, dates (where relevant) and price;

ii) The Client selects a Standard Program and completes the online order including all required details;

iii) Before submitting the order, the Client confirms that they have read the information about the Program and that they agree to these GTC;

iv) The Client submits the order and pays the price using the method offered on the website (e.g., online card payment via a payment gateway);

v) The Agency sends the Client an order confirmation (Program confirmation) by e-mail.

The Contract is concluded at the moment the Agency delivers the order confirmation (acceptance of the order) to the Client. If, for a specific Standard Program, it is stated that its performance is conditional upon prior payment of the price, the confirmation (acceptance) of the order may be conditional upon the payment being credited to the Agency.

4. Price and payment terms

A) Individually Agreed Program (on inquiry)

By concluding the Contract, the Client undertakes to pay the Agency the price agreed in the offer/Program confirmation and under the conditions stated therein.

For the purpose of paying the price of an Individually Agreed Program, the Agency will issue the Client an invoice (or a pro forma invoice) or send payment instructions (including payment details).

The Agency accepts payments primarily by bank transfer and, where available, also by online card payment via a payment gateway.

Unless stated otherwise in the offer/Program confirmation, the price must be paid no later than (i) five (5) business days from the date the Contract is concluded, or (ii) the last day before the day the Program takes place, whichever occurs earlier. The decisive moment is the crediting of the amount to the Agency’s account.

For an Individually Agreed Program, the Agency is entitled to require a deposit; the amount of the deposit and its due date are stated in the offer.

If the Program includes performance whose price depends on the number of persons, the age of participants, the scope of services or external price lists of Suppliers, the Client is obliged to provide cooperation to the Agency (in particular correct details) and to pay any surcharges within the time limit communicated by the Agency.

B) Standard Program (online)

For a Standard Program, the Client will receive payment instructions when placing the order. The Agency accepts payments by online card payment via a payment gateway and, or by bank transfer if this option has been agreed with the Client.

Unless stated otherwise for a specific Standard Program, the price must be paid when ordering, no later than (i) three (3) business days after submitting the order, or (ii) the last day before the day the Program takes place, whichever occurs earlier. The decisive moment is the crediting of the amount to the Agency’s account.

If the Client fails to pay the price/deposit properly and on time, the Agency is entitled to withdraw from the Contract.

Price change

The price of a Standard Program is stated on the website as final for the given date and scope, unless expressly stated otherwise.

For an Individually Agreed Program, the price is determined by the offer/Program confirmation. After the Contract is concluded, the Agency may unilaterally change the price only exceptionally if, after the Contract is concluded, the costs necessary for ensuring the Program demonstrably and substantially increase (e.g., prices of transport provided by a third party, tickets, venue rental, services of guides/interpreters, security or technical services), and only to the extent corresponding to such increase, and only if the increase occurs and the Client is notified without undue delay.

If the price change would lead to a substantial increase of the total price compared to the agreed price, the Client is entitled to cancel the Contract for this reason; in such a case, the Agency will refund the amounts already paid, after deducting non-refundable costs payable to third parties which the Agency substantiates, provided that these costs were incurred in direct connection with arranging the Program for the Client.

5. Program implementation and organisational instructions

Detailed organisational information (meeting point, time, contacts, specific conditions) will be communicated by the Agency in the booking confirmation or in instructions sent before the Program takes place.

The Participant is obliged to arrive at the meeting point on time, follow the instructions of the guide/coordinator and respect safety rules and operating rules of Suppliers.

If the Program states any limitation (e.g., age, medical condition, equipment, minimum skills), the Client is obliged to inform the Participants about it and ensure compliance. The Participant is obliged to assess their health and physical fitness for participation in the Program.

Participation of minors is possible only under the conditions stated in the Program offer; as a rule, supervision by an adult person is required, and/or consent of the legal guardian.

In justified cases (in particular for safety reasons), the Agency may refuse participation of a Participant who is under the influence of alcohol or other addictive substances, behaves aggressively, violates instructions or otherwise endangers themselves or others; in such case, the Client is not entitled to a refund of the price.

6. Passport and visa requirements, health documents and preparation

In the case of a Program carried out abroad, the Agency will inform the Client, prior to concluding the Contract, about passport and visa requirements associated with the Program and about the time required to obtain them. The same applies to health documents.

The Participant is obliged to equip themselves for the Program with the relevant documents, as well as medicines and other aids that they usually use.

7. Changes to the Program and alternative solutions

The Agency is entitled to make necessary changes to the Program (in particular a change of schedule, route, order of visits or substitute performance) especially for organisational and safety reasons, in case of adverse weather, force majeure, or due to reasons on the part of Suppliers.

The changes must not reduce the overall quality of the Program to an unreasonable extent. Experiences are created in cooperation with small local suppliers who provide services personally. The Client therefore agrees that in the event of sudden unavailability of an Experience, the Agency will provide the Participant(s) with a substitute Experience of comparable scope and performance, or refund the price of the Experience; this does not apply if the Experience could not be provided due to force majeure. Unavailability of an Experience is not a reason for the Client to withdraw from the Contract and is not a reason to grant any additional discount.

If the Program is tied to a specific date and time, it may, in justified cases, be moved to an alternative date. If the Client does not accept the alternative date and the change constitutes a material change of the Contract, the Client is entitled to withdraw from the Contract and the Agency will refund the price already paid without undue delay, no later than 14 days from the notice of withdrawal, unless the parties agree otherwise.

8. Assignment of the Contract

Before the start of the Program, the Client may request a change of the Participant (assignment of the Contract), if the nature of the Program and the conditions of the Suppliers allow it. The Agency will inform the Client whether and under what conditions such change is possible.

A change in the person of the Participant is effective if the Client delivers to the Agency a notice thereof no later than seven days before the start of the Program, together with a declaration by the new Participant that they agree to the concluded Contract and that they meet the conditions for participation in the Program. The Client is responsible for paying the price of the Program and for reimbursing any costs incurred by the Agency in connection with the change of Participant. If the change of Participant is necessarily associated with an increase in the price of partial services of the Program, the Client is obliged to pay such increase as well.

9. Withdrawal from the Contract and cancellation terms by the Client

The Client is entitled to withdraw from the Contract before the start of the Program. By the Client’s withdrawal, the Contract is cancelled in its entirety, i.e., in relation to all Participants stated in the Contract, unless the Agency and the Client expressly agree otherwise pursuant to Article 10.

Withdrawal must be made in writing (by e-mail) to the Agency’s contact address; the decisive moment is the moment the cancellation is delivered to the Agency.

Upon withdrawal, the Client is obliged to pay the Agency a cancellation fee (unless stated otherwise for a specific Program):

The Agency is entitled to set off the cancellation fee against amounts already paid; any overpayment will be refunded to the Client without undue delay, no later than 14 days from delivery of the withdrawal from the Contract, unless agreed otherwise.

Only if the reason for withdrawal is the Client’s disagreement with a change to the Program pursuant to Article 7 or a breach of obligations by the Agency, the Client is not obliged to pay the cancellation fee under this Article above.

10. Cancellation of an individual Participant or reduction in the number of Participants (Contract remains in force)

If, before the start of the Program, the Client requests cancellation of participation of only one or several Participants (reduction in the number of Participants), the Contract remains in force to the remaining extent and the Program will be carried out for the remaining Participants, provided that the nature of the Program and the conditions of the Suppliers allow it.

Notice of reduction in the number of Participants must be made in writing (by e-mail) to the Agency’s contact address and must contain identification of the Program and the number of and identification of Participants who will not take part; the decisive moment is the moment the notice is delivered to the Agency.

For the purposes of this Article, the price of the Program attributable to one Participant is calculated as the total price of the Program agreed in the Contract divided by the number of Participants agreed in the Contract (or last confirmed in writing by the Agency).

The Client is responsible for payment of the cancellation fee for each cancelled Participant:

If the price of the Program has already been paid also for the cancelled Participants, the Agency will refund the Client an amount corresponding to the difference between the paid portion of the price attributable to the cancelled Participants and the relevant cancellation fee, without undue delay, no later than 14 days from delivery of the notice of reduction in the number of Participants, unless agreed otherwise.

11. Cancellation by the Agency

The Agency is entitled to cancel the Program especially due to failure to reach the minimum number of Participants (if specified), due to force majeure, unforeseeable and unavoidable circumstances, or due to reasons on the part of Suppliers.

In the event the Program is cancelled by the Agency, the Client is entitled to a refund of the paid price, or to an offer of a substitute Program.

If the Program is cancelled due to extraordinary circumstances (e.g., extreme weather, security risks, decisions of public authorities), the Client is not entitled to compensation for additional costs (e.g., travel to the meeting point), unless a legal regulation provides otherwise.

The Agency may also withdraw from the Contract before the start of the Program due to breach of obligations by the Client or a Participant. If the Agency withdraws from the Contract due to a breach of obligation by the Client or a Participant, the Client is obliged to pay the Agency the same cancellation fee as stated in Article 9.

12. Complaints, liability and dispute resolution

If the scope or quality of the Program is lower than agreed, the Participant is obliged to inform the Agency of this fact. Where possible, the Participant will report the complaint directly on site to the guide/coordinator so that a remedy can be arranged on the spot without undue delay. If a remedy is not arranged or cannot be arranged on site, the Participant is obliged to inform the Client, who will confirm the complaint to the Agency by e-mail to info@enjoypilsen.cz (if another contact is stated in the Contract, it takes precedence).

If, based on a complaint, the Client requests a discount from the price of the Program or other performance, the Client shall assert the claim without undue delay, no later than 1 month after the end of the Program, unless the nature of the service requires earlier assertion.

The Client is not entitled to a discount from the price of the Program if circumstances on the part of the Client or the Participant occur on the basis of which the Participant does not use the Program or part thereof.

A complaint sent to the Agency must include identification of the Program (e.g., order number), a description of the defect and the requested method of resolution. The Agency will handle the complaint without undue delay, no later than 30 days from the date it is asserted.

If the Agency acts only as an intermediary for a Supplier’s service, complaints regarding the quality of the service are primarily asserted directly with that Supplier. The Agency will provide the Client with assistance in communication, where possible.

The Agency is also not responsible for the level of third-party services ordered by the Client or the Participant during the Program from other service providers, nor for damages caused in this connection.

13. Consumer withdrawal from a distance contract

If the Client is a Consumer and the Contract was concluded by distance means, the Consumer generally has the right to withdraw from the contract within 14 days. However, this right does not apply in particular to contracts for leisure time, typically transport, catering or leisure activities provided on a specific date (e.g., tickets, tours, experiences), where the Agency provides performance on a specific date/time, and to other cases listed in Section 1837 of the Civil Code.

For Programs with a fixed date (which is the rule for one-day Programs), the Consumer therefore does not have the right to withdraw within 14 days. 

If the Agency were to offer a gift voucher without a specified date, the right to withdraw would apply under applicable laws, unless exceptions apply or the Consumer requested commencement of performance before the expiry of the 14-day period.

14. Liability for damage and injury and limitation of liability

The Participant takes part in all experiences and activities within the Program at their own risk and is obliged to follow the instructions of providers, safety rules and local laws, regulations and recommendations. The Participant is, in all circumstances, obliged to act so as to prevent damage or injury to themselves, other Participants of the Program, the Agency and its Suppliers.

The Participant is obliged to compensate also any damage or injury caused to the local provider.

The Agency is liable for damage caused by breach of its obligations arising from the Agreement or these GTC. The Agency is not liable for the performance, defects in performance, or the quality/standard of services provided by third parties (Suppliers) where it acts as an intermediary; the Agency shall be liable in this respect only to the extent that it has itself breached its duty in the selection, booking/ordering, or coordination of such performance.

The Agency is not liable for damage if it was caused by the Participant, a third party not connected with the provision of services, or by an extraordinary unforeseeable and unavoidable obstacle arising independently of the will of the Agency or the Supplier.

Any claims for compensation of damage and injury shall be asserted by the Participant immediately with the local provider.

If the Agency suffered damage or injury due to a breach of obligation by the Participant, e.g., costs incurred in connection with assisting an ill or injured Participant, dealing with loss of their travel documents, arranging additional transport or accommodation in that connection, damage to accommodation premises or a means of transport, the Participant is obliged to compensate such damage. If the Agency averted damage that threatened the Participant, it is entitled to compensation for the damage it suffered, to the extent proportionate to the threatened damage.

15. Insurance

The Participant’s travel insurance is not included in the price unless expressly agreed otherwise.

The Agency, as a travel agency, does not provide insolvency protection for a package tour. If the Agency intermediates a package tour of an organiser (travel agency/travel bureau), insolvency protection is provided by the organiser and the details of the protection will be stated in the order confirmation.

16. Notice regarding the nature of services

The Client acknowledges that the ordered Program does not constitute a package tour and therefore consumer rights reserved exclusively for a package travel contract do not apply to it (e.g., a special regime of changes and organiser’s liability).

If the Agency intermediates a package tour, the Client will be expressly informed of this fact before concluding the contract and will receive the organiser’s (travel company’s) pre-contractual information.

17. Personal data protection and cookies

Information about personal data processing (GDPR) and the use of cookies is published by the Agency on its website. The Client and the Participant acknowledge that without providing certain details it may not be possible to conclude or perform the Contract.

18. Out-of-court dispute resolution

In accordance with Section 14 of Act No. 634/1992 Coll., on Consumer Protection, the Agency informs the Client about the possibility of resolving any disputes arising from contracts concluded with the Agency through the body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, Prague 2, 120 00, website: www.coi.cz.

19. Final provisions

Photographs and descriptions of Programs on the website are generally illustrative; the decisive scope of services is the scope stated in the order confirmation or in an individual offer.

These GTC form an integral part of the Contract and, by concluding the Contract, the Client confirms that before concluding it they became acquainted not only with the Contract but also with these GTC and all other parts of the Contract, understood them and agree to them.

Deviating arrangements in the Contract take precedence over the wording of the GTC.

Invalidity or ineffectiveness of any provision of the GTC does not affect the validity of the remaining provisions.

Legal relationships are governed by the law of the Czech Republic. Any disputes will be resolved by the courts of the Czech Republic having subject-matter and local jurisdiction.

These GTC become effective on 1st September 2025 and replace the previous wording of the GTC.