Establishment of a contractual relationship
Contractual relationship between travel agency Ingtours cestovní kancelář spol. s r. o (hereinafter referred to as TA) and the customer creates a travel agreement approved by the customer (or his authorized representative) confirmed by the TA, resp. Proforma invoice (or its authorized seller) and enters into force by paying a deposit to the TA account.
The content of the contract is determined by this contract / Confirmation of the trip, or Internet offer with a link to the serial / event number and these General Terms and Conditions, or Special conditions attached to the contract as an integral part thereof.
By submitting the completed Travel Agreement / Proforma Invoice, the customer confirms that he acknowledges and agrees with these General Terms and Conditions of the Travel Agency.
By confirming the Travel Agreement, resp. By confirming the trip / Proforma invoice, the TA undertakes to provide the customer with services in the agreed scope and quality.
The TA reserves the right to change the price and place of residence, provided that it is obliged to immediately inform the customer and agree with him on any change in the conditions. If the customer does not agree with the additional change, he has the right to withdraw from the contract free of charge.
The customer is obliged to pay the price of the tour before its start and the price of individual services before their provision.
The customer is obliged to pay a deposit of at least 10% of the total price (including optional services) when entering into a contractual relationship, the customer is obliged to pay the additional payment of the total price no later than 30 days before the trip. In the event of a contractual relationship less than 30 days before the trip, the customer is obliged to pay 100% of the total price.
The payment is made… (method, eg by bank slip or transfer to the TA account… ,, payment card…. The payment is considered made by crediting it to the TA bank account.
In case of non-compliance with the deadline for payment of the tour price by the customer, the TA is entitled to cancel his participation in the tour, provided that the costs associated with the cancellation of participation (cancellation fees) are paid by the customer.
The price of the trip means the price stated in the Contract of the trip / Confirmation of the trip / Proforma invoice. Any discounts announced by the TA after the date of concluding the Contract do not establish the customer's right to a discounted price.
The TA is entitled to increase the price of the tour by a unilateral act until the 30th day before the tour in the event of an increase:
- transport prices incl. fuel prices, by an amount corresponding to the share per customer when the total price increase for this reason is divided by the total number of customers of the trip (here and below the method of calculation can be given in any way - but must be stated) or
- transport - related payments, which are included in the tour price, by an amount corresponding to the increased payment per person, or
- the exchange rate of the Czech koruna used to determine the price of the tour by an average of more than 10% by an amount corresponding to the percentage change in the exchange rate from the price of services paid in a foreign currency. The decisive day when the price of the services was determined is stated in the catalog, price list or other form of the tour offer.
- The TA will send a written notice of the price increase to the customer no later than 21 days before the start of the tour.
If the TA is forced to increase the price of the tour under conditions other than those listed above, it will propose to the customer a change in the contract (see below).
Rights and obligations of the customer
The basic rights of the customer include:
- the right to the proper provision of contractually agreed and paid services
- the right to additional information, if it was not provided on the Internet, especially contact to the person to whom the customer can turn in case of difficulties (local TA representative, embassy - address and telephone), details of the possibility of contact with a minor or. a representative of the TA at the place of residence of the minor, if it is a trip in which the minor is a participant
- the right to be acquainted with any changes in the contractually agreed services the right to cancel your participation at any time before the start of the use of services by withdrawing from the contract under the conditions under paragraph. …
(Withdrawal from the contract by the customer, cancellation fees)
- the right to notify the TA in writing that another person will take part in the trip in its place if the notification also includes a statement from a new customer that he agrees with the travel contract and meets all the conditions for participation in the trip; this notification must be delivered to the TA no later than 21 days before the implementation of the stay. The original and the new customer are jointly and severally liable for the payment of the tour price and the costs incurred by the TA in connection with the change of customer.
- the right to claim defects in accordance with the Complaints Procedure.
- the right to data protection, which is stated in the travel contract and in other documents, from unauthorized persons
- the right to receive, together with the travel contract, a document on the compulsory contractual insurance of the TA in the event of its bankruptcy, containing the designation of the insurance company, the conditions of the insurance and the method of notifying the insured event
- the right to out-of-court settlement of a consumer dispute; The competent subject of out-of-court settlement of consumer disputes is: Czech Trade Inspection Authority, www.coi.cz
- "A customer who has purchased a good or service over the Internet and is a consumer can use the online dispute resolution platform to resolve a potential dispute. More detailed information on the conditions for resolving an online dispute can be found at http://ec.europa.eu/odr. "
The basic obligations of the customer include in particular:
- provide the TA with the cooperation necessary for the proper security and provision of services, in particular the complete and true completion of the necessary forms and the submission of the necessary documents.
- provide escort and supervision of an adult participant during the trip for persons under 15 years of age, similarly provide escort and supervision of persons whose state of health requires it
- report the participation of foreign nationals
- pay the price of the trip in accordance with Article Payment Terms. Prove it by proof of payment; if the customer does not pay the full price of the trip within the specified period, the TA has the right to cancel his participation and charge a corresponding cancellation fee
- without undue delay, communicate to the TA its opinion on possible changes in the conditions and content of the agreed services
- take over from the TA documents necessary for drawing services
- follow the instructions of the tour guide or other travel agency of the designated person and follow the established program, observe the regulations valid in the visited country, resp. place and object; in the event of a breach of legal regulations or a serious disruption of the program or the course of the trip, the TA is entitled to expel the customer from the trip, while he loses the right to other services as well as the right to payment for unused services.
- refrain from actions that could endanger, damage or restrict other participants in the tour
- pay for the event. damage caused in a means of transport or in an accommodation or other facility where he used the services provided under the travel contract
- to take care of timely and proper application of possible claims against service suppliers according to viz. Complaints Procedure.
Rights and obligations of a travel agency
- The corresponding rights and obligations of the TA apply to the rights and obligations of customers specified in Article a - j.
- TA is obliged to truthfully and properly inform the customer about all facts concerning the agreed services, which are important for the customer and which are known to TA.
- TA is not obliged to provide the customer with performance beyond the pre-confirmed and paid services.
- The TA is obliged to have an insurance contract in case of bankruptcy and to inform the customer that the certificate is placed on the website for free download.
- The TA is not obliged to pay compensation for damages arising from the breach of the TA's obligation under the contract in excess of the amount exceeding the limits in accordance with international agreements by which the Czech Republic is bound.
Changes to the agreed services and their legal consequences, cancellation of the trip
1. Before starting the tour and using the services
- If circumstances arise that prevent the TA from providing services according to the agreed conditions, it is obliged to make appropriate changes (eg program, routes or prices) or cancel the trip. The TA is obliged to notify the customer of such changes without undue delay.
- The customer has the right to withdraw from the contract and refund the price paid or the deposit, or for the transfer of the amount paid to cover the price of the replacement performance without any cancellation fees:
- when canceling a trip by a travel agency
- when changing the date of the trip by more than 1 day
- in the event of a major change in the program, the route of sightseeing tours, the place of accommodation of residential tours, the mode of transport and the price of the tour; a change of the accommodation facility is not considered a serious change if the replacement facility is of the same or higher category, a change in the order of places visited along the route, a change of arrival / departure route for traffic, safety, etc. reasons,…
- If the customer does not withdraw from the contract within 5 days from the delivery of the notification of changes, it is considered that he agrees with its change.
2. During the tour
- The TA is entitled to make operational changes to the program and services provided during the tour, if for serious reasons it is not possible to comply with the originally agreed program and services. In such a case, the TA is obliged to:
- provide a replacement program and services in the scope and quality, if possible identical or approaching the original conditions, respectively. appropriate focus of the trip
- return to the customer the price paid for non-provided services for which no substitute performance was provided
- provide the customer with a discount on the price of services that were included in the price of the tour and were not provided in full and quality
In the event that the TA provides a service of the same or higher quality as a substitute performance (eg accommodation in another hotel of the same or higher class), further claims of the customer against the TA are excluded.
The TA reserves the right to change the material and time program due to force majeure, due to decisions of state authorities or extraordinary circumstances (uncertain security situation, strikes, traffic problems, accidents and other circumstances that the TA could not influence or predict) and does not assume responsibility for consequences resulting from the change of the program and the price of the trip.
- For accommodation abroad, the first and last day are intended primarily to provide transportation, transfers and accommodation and are not considered days of full recreational stay. In this sense, it is therefore not possible to claim an event. shortening the "stay".
- The TA is not liable for any delay for technical reasons, due to bad weather, or due to road congestion, border crossings, strikes or force majeure; passengers must take into account the possibility of significant delays when planning connections, holidays, business dates, etc. In the event of such a delay, the customer does not have the right to withdraw from the contract or to pay damages.
Withdrawal from the contract by the customer, cancellation fees
The customer has the right to withdraw from the travel contract at any time before the start of the trip. This withdrawal must be in writing. (letter or email).
The contractual relationship is terminated and participation is canceled on the day when the written withdrawal (cancellation) is delivered to the travel agency.
Withdrawal from the contract by the customer, cancellation fees
If the customer withdraws from the contract, he is obliged to pay the following cancellation fees to the TA:
- in case of cancellation within 30 days before the start of the tour: CZK 200 for each person
- 29 - 14 days before the start of the stay = 40% of the total price
- 13 - 8 days before the start of the stay = 80% of the total price
- 7 or less days before the start of the stay = 100% of the total price
The total price means the full selling price (var .: incl. All ordered optional services).
In case of cancellation of one person in a double room, the remaining person must pay a surcharge for a single room, the same procedure is followed when occupying a bungalow / apartment with a smaller number of people.
When determining the number of days for the calculation of cancellation fees, the day when the trip was canceled is also included in the determined number of days. The number of days does not include the day of the start of the tour (departure, departure or boarding).
If the customer does not show up for the tour or misses the departure / departure or must be excluded from the tour, the TA is entitled to pay the full price of the tour. (with the exception of demonstrably saved TA costs)
In the event that the customer arbitrarily cancels part of the trip during the trip or does not use any of the paid services, he is not entitled to financial compensation for unused services.
If the customer requests rebooking for another date or hotel and the travel agency can do so, the customer is obliged to pay a fee - In the amount of 100 CZK per person.
Complaints, liability for damages
In the event that the scope or quality of services provided is lower than previously agreed, the customer has the right to make a complaint. The customer is obliged to file a complaint in time without undue delay. Filing a complaint on the spot will enable the elimination of the defect immediately, while over time, the evidence and objectivity of the assessment becomes more difficult, and thus the possibility of a proper settlement of the complaint. The customer can file a complaint at the place of the provided service either orally in the protocol or in writing and is obliged to prove cooperation in its application and settlement. The customer must assert his claims from the complaint to the TA without undue delay. Complaints can also be made to the travel agency or agency that mediated the conclusion of the Contract. If the customer does not exercise the rights from liability for defects in the services provided without undue delay - within 1 month from the end of the trip, the travel agency will not grant him any discount on the price. (See Complaints Procedure)
In the event of defects in performance, the customer is obliged to work together to prevent any damage or to keep them to a minimum. In particular, the customer is obliged to immediately communicate all his reservations at the place of origin to the tour guide / delegate, or the head of the service provider or other responsible employee so that the on-site remedy can be carried out in time. If the customer fails to point out the defect through his own fault, he is not entitled to a discount. If the deficiency cannot be eliminated, the tour guide / delegate will write, or another responsible employee with the customer complaint protocol. The customer is obliged to provide the cooperation necessary to settle the complaint.
The travel agency is not responsible for the level of third-party services for events that do not form part of the tour and which the customer procures on site through a guide, hotel or other organization.
If there are circumstances whose origin, course and consequence is not dependent on the activities and procedure of the travel agency (force majeure) or circumstances on the part of the customer, on the basis of which the customer does not fully or partially use the ordered, paid and travel agency services. unless otherwise agreed, the right to payment or a discount on the price of these services.
If the travel agency interrupts the trip due to force majeure, it is obliged to take all measures to transport the passenger back.
TA is not liable for damage if it was caused by:
an unavoidable event which could not have been avoided even with all the efforts that could be required.
- by a third party not connected with the provision of the tour
Compulsory contractual travel insurance
The TA concluded insurance with Generali Pojišťovna as, on the basis of which the customer acquires the right to indemnity in cases where the TA: due to its bankruptcy:
- does not refund the customer the deposit paid or the price of the trip if the trip did not take place, or
- does not return to the customer the difference between the price paid for the trip and the price of the partially provided trip if the trip took place only in part.
The TA is obliged to hand over to the customer, together with the Trip Agreement or the trip confirmation, an insurance company document containing the name of the insurance company, the insurance conditions and the method of notifying the insured event. This document is valid only in conjunction with the confirmation of payment of the trip / deposit price.
The customer's claims, which arose against the travel agency as a result of non-performance of the Travel Agreement, are transferred to the insurance company, up to the amount of performance provided by the insurance company.
Online payments for us are handled by the payment gateway Comgate. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
Further information and contacts at www.comgate.cz.
Customer travel insurance
The price of accommodation does not include insurance.
The travel agency recommends that customers take out travel insurance that can cover these risks (medical, accident, luggage, liability for damage, trip cancellation …………)
Processing of personal data
for travel agency services
- Personal data of the customer as well as fellow passengers (hereinafter referred to as personal data) stated in the travel contract (possibly "with the exception of birth number", etc.) are a condition for fulfilling the obligations of the TA arising from the Travel Agreement. They will be processed by CK…., Resp. processors authorized by it in accordance with Act No. 101/2000 Coll. as amended for the time necessary to fulfill the legal obligations of the TA.
- Personal data in the range of name + surname + address (incl. Electronic) will be further used for sending business offers to travel agencies or other administrators, until the data subject expresses his disagreement in writing.
- For the purposes of other marketing measures, loyalty bonuses, etc. there is a paragraph on the form of the Contract by which the customer consents to the processing of personal data to the extent specified in the contract for an indefinite period and swears that he is authorized to express such consent for the personal data of fellow passengers. If the customer does not agree with this paragraph, he will not attach his signature to it. The validity of the Agreement remains unaffected.
The customer acknowledges that failure to give consent to the processing of personal data for marketing purposes loses the rights to bonuses for regular customers listed in the catalog and in future offers (if the provision of bonuses is linked to the processing of personal data). The customer is entitled at any time to revoke the consent to the processing of personal data for statutory purposes with the above consequences.
- The personal data provided by the customer to the specified extent will be processed by the TA and the processor automatically - manually, in electronic - printed form. The provided personal data of the customer can be made available to TA employees, authorized processors and those who are authorized to provide tourism services or offer and sell services provided or mediated by TA (in the EU and non-EU countries), and in the case of electronic contact for e-mail of the customer to those who are authorized to disseminate business communications on behalf of the TA pursuant to Act No. 480/2004 Coll. as amended.
- When processing the customer's personal data, the TA is obliged to ensure that the customer does not suffer damage to his rights, especially the right to preserve human dignity, and to ensure protection against unauthorized interference with his private and personal life.
- The customer has the right to withdraw his consent to the processing of his personal data at any time in writing. In the case of processing, collecting and using electronic contact details for the customer's e-mail, the customer has the right to refuse consent to the use of his electronic contact when sending each individual message in the manner specified in the received business message to the TA pursuant to Act No. 480/2004 as amended.
- The customer has the right of access to personal data, the right to correct personal data, as well as other rights according to §21 of Act 101/2000 Coll. as amended.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR) and other legislation to regulate the protection of personal data.
1. Processing of personal data of customers and passengers (GDPR)
The customer understands that the travel agency, or. hotel Svornost in Harrachov are entitled for the purposes of fulfilling the contract of travel or accommodation and for the purpose of fulfilling legal obligations to process his personal data to the extent of: name, surname, birth number, type of travel document, travel document number, expiration date, bank connection, date of birth, residence, email and delivery address, information on allergies, medicines and other health problems. All personal data will be stored only for the period stipulated by law, or the time strictly necessary.
For the purposes of fulfilling the travel contract, the information referred to in paragraph 1 shall, to the extent necessary, also be provided to the suppliers of the travel agency (in particular hotels, transport companies or delegates). If the tour destination is located outside the EU, the customer acknowledges that his personal data will be provided to recipients in third countries.
The customer also acknowledges that the travel agency is obliged, to the extent and under the conditions stipulated by legal regulations, to submit the customer's personal data for the purposes stipulated by law.
The customer acknowledges that the travel agency paragraph 1 for various commercial communications. The travel agency or hotel is entitled to send a business message in the form of SMS, MMS, e-mail, post or communicate by telephone. The customer may object to the sending of commercial communications, either at the address of the travel agency INGTOURS cestovní kancelář, Benecká ul. 921, 543 01 Vrchlabí or at the e-mail addresses: firstname.lastname@example.org, email@example.com. In this case, the travel agency will not continue to send the customer a business message or otherwise process his personal data for direct marketing purposes.
The above provisions of paragraph 1 shall apply mutatis mutandis also in relation to persons in whose favor the customer has a travel contract, resp. closed the accommodation (fellow traveler). By concluding a trip contract or confirming the order, the customer declares that he is entitled to grant consents for fellow passengers, either on the basis of a power of attorney or other representation.
2. Customer Rights
The customer acknowledges that, as a data subject, he has in particular the following rights:
- Request from the travel agency or hotel Svornost in Harrachov access to personal data concerning his person, their correction or deletion, or it may require restrictions on the processing of its personal data, object to the processing of personal data as well as the right to data portability.
- Require the travel agency or hotel Svornost in Harrachov to limit the processing of his personal data if (i) the customer denies the accuracy of his personal data, for the time necessary for the controller to verify the accuracy of his personal data: (ii) processing of his personal data was illegal but does not request the deletion of personal data, but the restriction of their use: (iii) the travel agency or hotel Svornost in Harrachov no longer needs his personal data for processing purposes, but the customer needs them to determine, enforce or defend his claims: ) or the customer has raised an objection to the processing of his personal data, until it is verified whether the legitimate reasons of the travel agency or hotel Svornost in Harrachov outweigh the legitimate reasons of the customer. If the processing of the customer's personal data has been restricted, his data may be processed, with the exception of their storage, only with his consent.
- The right to lodge a complaint with the supervisory body, which is the Office for Personal Data Protection.
- Obtain confirmation from the travel agency or hotel Svornost Harrachov at any time that his personal data has been processed and, if so, the travel agency or hotel Svornost Harrachov is obliged to provide him with information on request: (i) purpose of processing, (ii) categories of personal data , (iii) the planned period for which the personal data will be stored, (iv) the existence of the right to request their deletion or reduction, (v) the right to lodge a complaint with the supervisory authority.
Obtain your personal data, which the travel agency or hotel Svornost Harrachov processes in a commonly used and machine-readable format, and pass it on to another personal data controller, if this transfer is based on consent to the processing of persons
Who manages your personal information?
The administrator of your personal data is Ingtours cestovní kancelář spol. s ro
How can you contact the administrator of my personal data?
If you are interested in how we process your personal information, you can contact us at:
Ingtours cestovni kancelar spol. s ro, Benecká ul. 921, 543 01 Vrchlabí, or at the email address: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, Data box ID: 5jeb4jb.
How can I agree to the storage of cookies on my device?
In the settings of your browser, you can set the storage of cookies on your device. This setting can be considered as consent to the processing of personal data. The browser is thus a tool for mediating consent. If you do not wish to store cookies, it is sufficient to adjust this setting appropriately in your browser.
What data do we process and save time?
Browser settings data
Information about displayed accommodation facilities
Use of our website
Storage time is usually 14 days
To whom do we make the data obtained in this way available?
We make the data available to Google LLC, which processes it based on automatic ad processing.
You transfer my personal data to third countries, ie. outside the EU?
We do not transfer your personal data to third countries outside the EU.
These General Terms and Conditions entered into force on 12.06.2020 and apply to all stays and accommodation purchased from this date. The possible invalidity of individual provisions does not affect the overall validity of the terms and conditions.