INTRODUCTORY
PROVISIONS
1. Hundred
Spires Stories' General Business Terms and Conditions (hereinafter also „Conditions“)
are fully applicable and effective for tourist industry services in the extent
provided by „Hundred Spires Stories“ which is the English translation of the
Czech title of the entity which is a natural person officially registered in
the Czech Republic under the name Stověžaté příběhy, f.o., Královická 1635/67,
100 00, Praha 10, Česká republika.
2. The General
Business Terms and Conditions constitute an integral part of the contract
concluded between the Customer and Hundred Spires Stories, hereinafter also „Operator.“
Article
I – PARTIES TO THE CONTRACTUAL RELATIONSHIP
Parties
entering into the contractual relationship are:
a) Stověžaté
příběhy, f.o., a natural person (hereinafter „Hundred Spires Stories“ or
„Operator“), registered business address Královická 1635/67, 100 00, Praha 10,
Česká republika; Company Reg. No. (IČ): 87013231, registered at the relevant
municipal Trade Licensing Office in compliance with section 71 of the Trade Register:
Prague 10 Town Hall, and
b) Customer
who can be a natural or legal person (hereinafter „Customer“).
Article
II – SUBJECT MATTER OF THE CONTRACT
These General
Business Terms and Conditions regulate the rights and obligations of
contractual parties in carrying out business transaction as follows: 1. selling of tour guide and lecturing
services in compliance with acts and government order as follows: Act No.
455/2001 Coll. on business, Government Order No. 278/2008 Coll. on the content
of individual trades, Trade Licensing Act 130/2008 Coll. as amended, or 2.
selling of catering, travel and other services delivered as different kinds of
services per individual requirements placed by the Customer (hereinafter
„individual services“ or „parts of service“).
Article
III – ENTRY INTO CONTRACT
1. The
contractual relationship between the Customer and Hundred Spires Stories within
scope of walks / tours in Prague becomes legally effective and enforceable upon
acceptance and confirmation of order by Hundred Spires Stories. The contract is
entered into upon the signing by both parties. The content of the contract is
based on the General Business Terms and Conditions, or eventually a different
offer extended to the Customer which refers to these Conditions.
Article
IV – PRICE AND PAYMENT TERMS
1. The
Customer is bound to pay the price for walks / tours as follows:
a) by bank
transfer no later than one week prior to the start date of the tour
b) by cash
payment no later than upon completion of the tour
Payment of
stipulated price is deemed settled, i.e. status of settled payment is
acknowledged based on the way of payment – either on the date the cash payment
is handed over, or the date the amount is added to the respective bank account
of Hundred Spires Stories.
Article
V – CUSTOMER RIGHTS AND RESPONSIBILITIES
1. The basic
Customer rights specifically include the following:
a) The right
for the provision of contract-based negotiated and paid services;
b) The right
to address the Operator's guide or lecturer with a request for information
about all facts which are known to the Operator's appointed person and which
are relevant to the services negotiated and paid under the contract;
c) The right
to be informed about changes within the scope of services negotiated under
contract;
d) In compliance
with article VIII, the right to withdraw from contract before commencement of
an tour / activity or prior to the discharge of services by Operator;
e) The right
to file a claim and receive resolution of the claim in compliance with the
Operator's rules of complaint procedure;
f) The right
of protection & safety of provided personal data;
2. The basic
Customer responsibilities are specified as follows:
a) Maintain
interaction with Hundred Spires Stories to the extent which is necessary for
due assurance and discharge of services, in particular by providing valid and
full information required in the Operator's Order form, including any
subsequent changes of data in due course;
b) If persons
younger than 18 yrs. of age attend a walking tour, the Customer is required to ensure
assistance, i.e. company and surveillance of an adult; the same condition
applies to persons whose health condition requires assistance;
c) Inform the
Operator without undue delay about the Customer's opinion in the case any
alterations are made to the terms and conditions or the scope of negotiated
services;
d) To make
appearance in time at the determined meeting point;
e) To meet
requirements for vaccination or other medical obligations when suburban summer
camps are attended;
f) Abide by
instructions of the Operator's guide or another authorized person and follow
the schedule, i.e. activity programme;
g) To act in a
safe manner to avoid any bodily harm or losses on property to the cost of other
clients, and to cover damages if any occur in the event of defualt by the
Customer;
h) Refrain
from conduct which might impair the rights of other clients;
i) In the
event of withdrawal from contract the Customer is liable to communicate the
intention to terminate contract to Hundred Spires Stories and pay the
cancellation fee according to these General Terms and Conditions (see article
VII);
j) If the
Customer exercises the right to inform the Operator about the change of person
who attends the walking tour, the Customer is liable to:
- inform the
Operator about the change in a written notice or by e-mail sent to the relevant
address of Hundred Spires Stories;
- with the
written notice of change, attach a statement of the new Customer entity who
will attend the tour, including his/her personal data in compliance with
article XI of these Conditions;
- with the
written notice of change, attach a duly signed statement of the new Customer
entity declaring compliance with conditions stipulated for participation in the
respective activity / walking tour;
Both parties
agree to this provision which regulates the situation when the Customer
originally registered for a tour is replaced by another person: in such
situation the originally registered Customer together with his/her replacement
– participant, i.e. new Customer, shall bear joint and several liability for payment
of the stipulated price and coverage of costs which may arise for the Operator's
party in connection with the replacement of the originally registered Customer.
3. Contractual
obligations and responsibilities for Customers who are corporate bodies include
the following:
a) To make the
corporate Customer's participants familiar with these General Business Terms
and Conditions and all other information which the Customer obtains from the Operator,
and especially to inform participants about the stipulated scope and quality
level of provided services.
b) To ensure
that all participants meet the basic Customer responsibilities which include,
among other, personal interaction and which, in terms of fulfilment, can be
exclusively borne and discharged by a single participant.
Article
VI – HUNDRED SPIRES STORIES' RIGHTS AND DUTIES
1. Customer
rights and responsibilities stated in article V are relevant to the rights and
duties which apply to Hundred Spires Stories.
2. Hundred
Spires Stories is bound to inform the Customer, truly and properly, about all
facts pertaining to negotiated services which are relevant for the Customer and
which are known to the Operator at the time of entering into contract.
3. Hundred
Spires Stories is not liable to provide the Customer with services out of the
scope of negotiated services which are duly confirmed and paid in advance.
Article
VII – CANCELLATION OR ALTERATION OF NEGOTIATED
SERVICES
1. Cancellation
of negotiated services:
a) Hundred
Spires Stories reserves the right to cancel any parts of its services prior to
the commencement of the discharge of services under contract in situations
where the Operator is unable to comply with contract terms and conditions due to
objective reasons.
b) Hundred
Spires Stories reserves the right to cancel an activity before the commencement
of the planned activity if the minimum number of participants is not reached,
which is 5 persons for group tours and activities, unless a different minimum
number of participants is presented in the offer.
This condition
does not apply to activities for individuals or small groups. If the Operator cancels an activity for the
reason of failure to reach the minimum number of participants, the Operator is
liable to communicate this fact to the Customer in a written statement no later
3 (threee) days before the planned date of the tour/activity, and no later than
7 (seven) days before the date of commencement of a suburban summer camp.
c) If Hundred
Spires Stories cancels any part of its services the Customer has the right to
request an alternative service on the basis of a new contract amending the
service which is adequate to the originally stipulated service, provided that
the Operator is able to readily offer the new service to the Customer.
If a new
contract is not signed in this case, Hundred Spires Stories is liable to refund
the Customer for payments already made, i.e. initial deposits already
transferred, in the full amount which Hundred Spires Stories received from the
Customer for coverage of the price for services stipulated under the cancelled
contract, without any further claim for Customer liability to pay a
compensation fee to Hundred Spires Stories.
If a new
contract is signed between the parties, the payments which have been made under
the preceding (originally signed) contract, shall be deemed as payments settled
under the new contract. If the price for the new service is lower than the
amount already paid by the Customer, the Operator shall return the difference
to the Customer without delay.
d) Hundred
Spires Stories hereinafter has the right to cancel the service in consequence
of unforeseen circumstances (force majeure) which could not be prevented or
avoided even with the exertion of maximum efforts within a reasonable extent
required from the Operator.
e) If Hundred
Spires Stories cancels an action within a time period which is less than 3
(three) days before the originally scheduled start date of a
walking tour, or shorter than 7 (seven) days before the originally scheduled
start date of a suburban summer camp, the Operator is liable to pay the
Customer compensation in the amount representing 10% of the stipulated
price. This condition does not represent
any prejudice to the Customer's right to claim compensation for damages or
loss. Hundred Spires Stories will be
released from the liability for damage or from the duty to pay a penalty only
if it proves the scheduled tour or activity was cancelled for reason(s)
described in subsections b) and d) under this section and article.
2. Alterations
of negotiated services before commencement & discharge:
a) If Hundred
Spires Stories is forced to change the terms and conditions of contract due to
objective reasons within the time before the tour/activity is commenced due to
imposed objective reasons (force majeur), the Operator shall have the choice to
offer, at its own discretion, an amended contract, i.e. new contract proposal
with amended terms and conditions to the Customer. If the offered alteration results in a price
change, the new price shall be clearly specified in the new contract proposal.
b) If Hundred
Spires Stories changes any of the terms of contract, the Customer has the right
of choice either to agree with the modified contract or to withdraw from the
contract.
Unless the
Customer withdraws from the contract within the period defined by Hundred
Spires Stories which should not be shorter than 5 (five) days after the
date of delivery of the new contract proposal to the Customer, the
Customer shall be assumed to agree with the changes, i.e. amended contract (in
compliance with s. 852, ss. e) of the Czech Republic Civil Code).
If the amended
contract terms and conditions result in an increased price, the Customer is
bound to pay the Operator the difference within the term laid down in the
offered contract. Breach of this engagement by the Customer justifies the
Provider to withdraw from the contract (s. 852, ss. g) of the Civil Code).
c) If the
amended contract terms and conditions result in a price which is lower than the
originally stated price, the Operator shall charge only the amount due unless
the originally stated full price has been already paid by the Customer, in
which case the Operator is bound to return the overpayment, i.e. overpaid
balance to the Customer.
d) If the
Customer disagrees with the contract alteration and withdraws from contract
within the term laid down by the Operator in the offered contract, the Customer
has the right to request a different tour or activity at least at an adequate
service quality level from the Operator on the basis of a new contract,
provided that the Operator is able to offer such service.
e) Provided
that a new contract is signed between the parties, payments made on the basis
of the preceding (originally concluded) contract shall be deemed payments
settled under the new contract. If the
price for new services is lower than the payments already transferred, the
Operator in such case is liable to repay the outstanding balance, i.e. overpaid
amount, to the Customer without undue delay.
f) In the case
a new contract is not signed by the parties, the Operator is liable, without
delay, to return the payment in full amount which it has so far received from
the Customer for the payment of services under the cancelled contract. This
condition applies without further legal claim upon the Customer for
compensation payment to the Operator.
Article
VIII – WITHDRAWAL
FROM CONTRACT AND COMPENSATION
1. The
Operator is entitled to withdraw from the contract before the commencement of
an activity or the actual provision of services under contract with the
exception of other reasons which are covered in these Conditions; the Operator
is also entitled to withdraw from contract in the case of cancellation of a
tour or for the reason of cancellation of any part(s) of its services. Written
notice of withdrawal from contract shall be duly communicated by the Operator
to the Customer. The effects of
withdrawal are enforceable starting from the date the notice is delivered to
the Customer.
2. The
Customer has the right to withdraw from contract:
a) any time
before the commencement of a walking tour, camp, or utilisation of services
b) if a new
contract is not concluded in compliance with article VII, section 2
c) in the case
of breach of contract due to Operator's failure to perform its obligations
under the contract. The Customer shall hand over the notice of withdrawal from
contract in writing to Hundred Spires Stories personally or by mail to the
official e-mail address. The notice shall contain the Customer's name, surname,
address, and reservation number. The effects of withdrawal are enforceable
starting from the date of delivery of the written notice.
3. If the
Customer withdraws from contract by reason of the Operator's failure to fulfill
contractual obligations under the contract, or if a new contract is not
concluded between the parties according to section 2, subsection b) of this
article, the Operator is liable, without any delay, to return every payment in
full amount which it has so far received from the Customer for the payment of
services under the cancelled contract; this condition applies without any
further legal claim upon the Customer for compensation payment to the Operator.
4. If
withdrawal from contract made by the Customer is not by reason of breach of
contractual obligations by the Operator, or if the Operator withdraws from
contract before the commencement of a tour / camp or before any kind of service
is provided, and the withdrawal is by reason of non-compliance with the
Conditions on the Customer's part, in such case the Customer is liable to pay
the Operator a compensation in the amount specified in section 5, and the
Operator is liable to return to the Customer every payment in full amount which
it had received so far from the Customer for ordered services under the
cancelled contract.
5. The
compensation payment shall be specified upon withdrawal from contract and
before admission to the camp/tour.
5.1.1. If the
registration for the summer suburban camp is cancelled within a time period
longer than 1 (one) month before the start date of the camp, or 7 (seven) days
before the start date of the walking tour, the cancellation fee is 0% of the
total price for the service.
5.1.2. If the
registration for the summer suburban camp is cancelled within a time period
which is shorter than 1 (one) month before the start date of the camp and
longer than 1 (one) week, or 3-5 (three to five) days before the start date of
the tour, the cancellation fee is charged in the amount representing 40% of the
total price for the service.
5.1.3. If the
registration for the summer suburban camp or walking tour is cancelled within a
time period which is shorter than 7 (seven) days before the start date of the
camp and 3 (three) days before the start date of the walk, the cancellation fee
is charged in the amount representing 70% of the total price for the service;
this condition applies also in the case a child enrolled for the camp does not
check in and no previous cancellation of reservation was handed in to the
Operator.
5.2. In the
case of illness which proves to be an obstacle for the child/children to attend
the camp, no cancellation fees shall be charged. Illness shall be duly evidenced by an
official medical report.
5.3. In the
case a participant cancels his/her reservation and he/she or the parents find
and recommend an alternate participant for the camp who pays the full price,
the Customer will not be charged any cancellation fee.
6. Cancellation
of a reservation for the summer suburban camp or walking tour can be made via
e-mail communication sent to the current electronic address indicated on the
Operator's official website. E-mail
communication shall be always acknowledged by return e-mail confirmation of
receipt from the event organizer, i.e. Hundred Spires Stories. The day of cancelled reservation is counted
from the day the notification of cancellation is delivered to the organizer.
7. In the
event of voluntarily decided early termination or discontinued participation in
a running activity by the Customer (or his participant, respectively) and for
causes or reasons other than failure to fulfill contractual obligations by
Hundred Spires Stories, no legal liability arises for the Operator to return
the payment or its proportional part to the Customer.
8. If the
conditions for repay of provably paid price for the service (its proportionate
part, respectively) are fulfilled on the Customer's part, Hundred Spires
Stories shall return the paid amount by bank transfer to the payer's account
from which the payment was originally transferred, within 14 (fourteen) days
from the starting date of the term of repayment, in other words the date of
confirmed cancellation of registration by e-mail.
9. Hundred
Spires Stories shall have the right to set off the compensation payment from
the advance payment or the full price already paid, i.e. received from the
Customer.
10. Compensation
amount is calculated from the date the legal effects of withdrawal start to
apply.
Article
IX – CLAIM PROCEDURE
1. The right
arises for the Customer to place a claim in the case the Operator provides
defective services or fails to provide any services at all which were
negotiated by contract between the parties.
2. If the
Customer exercises the right to claim remedy for defective services or for
failure to receive services from Hundred Spires Stories, the claim (complaint)
lodged with the Operator shall be made out in a serious, clearly stated and
comprehensive manner.
3. Rights
arising from liability for defective services in respect of the terms and
conditions stipulated in the contract, in form of a claim, can be lodged by the
Customer in person, via telephone communication, in writing, or by e-mail
notification. The authorized representative of Hundred Spires Stories shall
issue a written acknowledgement stating the date of placement of the claim,
i.e. complaint by the Customer, the content of the claim, the mode of settling
the claim as required by the Customer, the confirmed date of receipt and
confirmation of recommended remedial measures to be applied in resolving the
claim, or eventually a written justification of denial of the claim by Hundred
Spires Stories.
4. The
Customer is liable to place the claim in time without undue delay in order to
enable remedial measures be taken by Hundred Spires Stories, optimally at the
location of the provided service, or with the guide or another authorized
representative or delegated person. The guide or authorized person is required
to prepare a complaint protocol with the Customer, in other words to issue a
written acknowledgement of the received claim.
5. The
Customer is required to provide necessary feedback and cooperation in the
process of claim resolution.
6. If any
circumstances arise of which the cause, course and any consequences do not
depend on the will, activity and working procedures of Hundred Spires Stories
(force majeur) or if any circumstances arise on the Customer's part which
prevent the Customer from utilizing the ordered and paid services provided by
Hundred Spires Stories in part or in whole, the Customer is not entitled to
exercise the right to claim any redemption in terms of financial reimbursement
for the paid price or a discount from the price.
Article
X – INSURANCE
1. Travel and
visitor stay (i.e. temporary stay) insurance is not included in the services
provided by Hundred Spires Stories. No insurance coverage is provided to the
Customer by Hundred Spires Stories for costs incurred in the case of Customer's
withdrawal from contract.
Article
XI – SPECIAL PROVISIONS
1. Hundred Spires
Stories process personal data of their customers only upon the explicit consent
obtained from Customers for the following reasons:
a) for the
purpose of entering into contract according to Article III, section 1, or
entering into contract according to Article III, section 2 (hereinafter only
„contract“) including any and all amendments thereof, and the discharge of
contractual obligations under the contract;
b) for the
purpose of keeping an updated database of customers within scope of the loyalty
& bonus programme maintained by Hundred Spires Stories and in order to work
out customer satisfaction assessments for services provided by Hundred Spires
Stories for further awarding of loyalty discounts and provision of service
offers to permanent customers of Hundred Spires Stories on the basis of service
utilization, i.e. the frequency of tour guide services ordered with Hundred
Spires Stories;
c) in order to
place upsell offers of customer services provided by or mediated by Stověžaté
příběhy;
Referring to
the purpose described in section 1, subsection:
a) the extent
of Customer personal data processed by Hundred Spires Stories includes the
title, name, surname, date of birth, address of residence, telephone number,
electronic mail contact or other contact address indicated by the Customer, and
in the case of tourists from other states, the passport number, passport
validity, i.e. expiration date, code of issuing country and gender, provided
that this type of information is required by relevant authorities (or by the
service provider-organizer) for granting an entry visa. The personal data
forwarded for the said reason(s) can be made available only to employees of
Hundred Spires Stories or to its authorized processing entity, and the data can
be further transferred to entities who are authorized to market, i.e. offer and
sell tourist industry services in EU member countries and other (third)
countries, and also to entities authorized to offer and sell tourist industry
services provided by, or mediated by Hundred Spires Stories. The provision of
personal data is a voluntary act, however failure to provide the necessary Customer
basic data to Hundred Spires Stories for purposes indicated in this Article
might result in refusal to enter into contract.
3. Referring
to the purpose described in section 1, subsection:
b) the extent
of Customer personal data processed by Hundred Spires Stories includes the
title, name, surname, date of birth, address of residence, telephone number,
electronic mail contact, or other contact address indicated by the Customer,
the country of residence, and information about the extent, content and price
of utilized services. Customer personal data provided for the said reason(s)
can be made available only to employees of Hundred Spires Stories or to its
authorized processing entity, and details about the Customer's electronic
contact information and e-mail address can be also provided to entities who are
authorized to provide information
society services and disseminate commercial communication on behalf of
Hundred Spires Stories in compliance with Act No. 480/2004 Coll. (on certain
information society services). The provision of personal data is a voluntary act,
however failure to provide the necessary Customer basic data to the Operator
for purposes indicated in this Article might result in non-entry of the
Customer into the loyalty & bonus system for the provision of discounts and
service offers by Hundred Spires Stories.
4. Referring
to the purpose described in section 1, subsection:
c) Hundred
Spires Stories is authorized to process and store information about the
Customer's name, surname and address of residence. Hundred Spires Stories is
also authorized to further process and store details about electronic contact
information for the Customer's electronic mail address for the purpose of
dissemination of commercial communication, i.e. marketing offers in compliance
with Act No. 480/2004 Coll., on certain information society services. Customer
personal data provided for the said reason(s) can be made available only to
employees of Hundred Spires Stories or to its authorized processing entity, and
details about the Customer's electronic contact information and e-mail address can
be also provided to entities who are authorized to provide information society services and
disseminate commercial communication on behalf of Hundred Spires Stories in
compliance with Act No. 480/2004 Coll.
5. If the
Customer enters into the contract in favour of a third party in compliance with
the provisions under section 50, Act 40/1964 Coll., (hereinafter only Civil
Code), the Customer by signing the contract confirms that it is authorized by
the respective third party (or third persons) identified in the contract, to
provide their personal data and grant consent on their behalf for further
processing of the provided personal data, and to make available and transfer
personal data for purposes and in the extent specified in article 3.
6. Upon
concluding a contract/order, the Customer in compliance with provisions under
Article 5, section 2 of Act No. 101/2000 Coll. on the Protection of Personal
Data, is entitled to express his/her consent or disagreement to Hundred Spires
Stories for collecting, storing and making available provided Customer personal
data. In the case the Customer also concludes the contract in favour of third
persons or a third party in compliance Article 50 of the Civil Code, the
personal data of the respective third persons indicated in the contract are
also made available for the purpose and in the extent according to section 3.
7. Hundred
Spires Stories (according to section 2) or its authorized processor is entitled
to process and collect provided Customer personal data for the purpose and in
the extent which is in compliance with Article 6, section 2 of Act No. 101/2000
Coll., on the Protection of Personal Data, until the time the Customer
exercises its right to claim liability for defective services within 3 (three)
months from the end of the activity (article II, section 1). After this period has passed, Hundred Spires
Stories is obliged to liquidate these Customer data.
8. Hundred
Spires Stories or its designated processor are authorized to process and
collect provided Customer personal data in the extent and for the purpose in
accordance with section 3 of this article for the time period spanning 5 (five)
years. After the lapse of this period Hundred Spires Stories is obliged to
liquidate these Customer data.
9. Hundred
Spires Stories or its authorized processor shall discontinue processing of
Customer personal data (which has been processed in the extent and for the
purpose according to section 4) provided that the Customer in a written
statement expressly withdraws from his/her consent for further data processing.
10. Customer
personal data processed in the extent and for the purpose in compliance with
this article shall be processed by Hundred Spires Stories or its authorized
processor automatically and manually in electronic and printed forms.
11. In
carrying out personal data processing Hundred Spires Stories is liable to
observe the Customer's rights to the protection of private and personal lives,
i.e. to respect the right to protection of human dignity and ensure protection
against unauthorized interference with the private and personal lives.
The Customer
has the right to withdraw his/her consent to the processing of provided
personal data at any time by written notice to the Operator. Within scope of
data processing, data capture and utilization of details about electronic
contact for Customer's electronic mail, the Customer has the right free of any
charge or on the account of the sender, i.e. Hundred Spires Stories, to
disagree with the usage of its electronic mail contact even if a single message
is sent, also in the manner (i.e. confidential nature of communications)
indicated in the commercial communication of Hundred Spires Stories in
compliance with Act No. 480/2004 Coll. on certain information society services.
The Customer
has the right of access to personal data, the right of correction of personal
data and other rights under article No. 21 of the Act No. 101/2000 Coll., as
amended.
Article
XII – FINAL PROVISIONS
The General
Business Terms and Conditions become valid and take effect on November 15th,
2013.
