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General Business Terms and Conditions – Hundred Spires Stories, Stověžaté příběhy, f.o.


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. 



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