European Stag Company Tour Operator
General Conditions of the Contract for the Tour Participation
European Stag Company s.r.o. tour operator (hereinafter referred to as the "ESC") is a business company providing to its clients products - tours on the basis of its web site (www.kiev-stags.com) under the conditions specified below (hereinafter referred to as the "Catalogue").
1. Conclusion of the Tour Contract
The tour procurement contract (hereinafter referred to as the "Contract") is a standard contract subject especially to the provisions of 741 et seq. of the Act No. 40/1964 of the Law Code (Civil Code) as amended.
The parties to this Contract are:
European Stag Company s.r.o.
Company registration No.: 47 813 237
Entered in the Register of Businesses of the District Court Bratislava I,
Department: Sro, insert No. 99420/B
(hereinafter referred to as the "ESC")
the client, either physical person or a legal person
(hereinafter referred to as "Client"). The Contract is executed electronically on the basis of a properly and correctly filled-in tour order (application) from the Catalogue offer, the payment of the relevant initial fee for the tour and the subsequent electronic acceptance of the order by ESC. The Contract is binding for all persons included in the application. The Client guarantees that the contractual obligations of the persons included in the contract, as well as the contractual obligations of the Client itself are met.
2. Price and Payment Conditions
The Catalogue price is a final price unless differently indicated at a specific tour.
The price agreement becomes effective after the application is sent off and the tour price paid, unless different arrangements are agreed upon in a concrete case, or unless differently specified in the Contract.
The Client may decide to pay for the tour on the basis of the invoice issued in EUR or by a credit/debit card of the CardPay service provided by a reputable Slovak bank Tatra Banka a.s. The payment by card shall be settled with the Client in Euro on the basis of the rate of exchange EUR/GBP valid on the date of transaction using xe.com as an exchange rate guide. There will also be a credit card surcharge of 3.9 percent for transactions paid via our terminal and ESC shall bear no responsibility for the differences in the rate of exchange, for the fees related to the transaction, or for the eventual losses related to the card use.
Failure to pay for the tour at the time of the order (if the payment is executed by a credit/debit card) on the basis of the Catalogue, or on the due date indicated in the invoice, shall be considered to be a failure to conclude the Contract by the Client without any obligations accrued to ESC.
ESC is authorized to increase the price unilaterally if there is an increase in the payments related to transportation, such as the airport fees, if they are included in the tour price. ESC shall increase the price only if the payment increases at least 21 days before the tour start. The client shall be informed about such increase by a letter, facsimile or by e-mail not later than 20 days before the tour start, or otherwise ESC shall not be entitled to have the price difference covered.
3. Rights and Obligations of the Parties to this Contract
The Client is authorized to
- proper provision of the services agreed and paid on the basis of the contract,
- ask from ESC information related to the services agreed and paid on the basis of the contract,
- withdraw from the tour contract in accordance with these terms and conditions without giving any reason,
- claim shortcomings and their settlement in accordance with these terms and conditions,
- inform about the change of a person participating in the tour not later than 14 days before the tour start.
The Client is obliged to:
- provide to ESC true and complete data related to the respective tour,
- pay the tour price,
- carry valid travel documents and respect current passport and customs regulations of the visited countries,
- secure in the home country the visa for the Slovak Republic and the countries to be visited during the tour,
- to inform without any unreasonable delay ESC, within the dates specified by ESC, standpoints of the Client to eventual changes in terms and conditions and in the contents of the agreed services,
- behave so as not to cause any damage to health or property to other tour participant, or the ESC service suppliers,
- conduct yourself in a responsible manner and without risk to the health and safety of yourself or others;
- comply with every reasonable instruction or request of the ESC representative or agent or activity or accommodation supplier.
- If you fail to do so, you will be deemed to have cancelled your travel arrangements with immediate effect.
- respect the instructions of the tour guide,
- indemnify all damages caused by the Client,
- present itself before the tour start on a specified place and at a specified time ESC is authorized:
- in case of shortage of accommodation facilities to provide alternative accommodation in the same quality class as that which was agreed in the contract,
- in case of a change in the transportation situation to provide alternative transportation of the similar quality as that which was originally planned.
ESC is obliged to:
- ensure proper and correct tour development,
- observe the program, transportation and accommodation standards as defined in advance in the Catalogue offer,
- provide to the Client all the documentation and information which are necessary for the respective tour,
- conclude an insurance contract against the bankruptcy or the short-term insolvency.
The tour participants shall carry with them all the necessary travel documents authorizing them to enter all countries to be visited during the ordered tour. ESC shall not be held responsible for any event which might prevent any of its Client (tour participants) the entry into any country. Should situation like this occur the tour will continue without these tour participants and these participants themselves shall be responsible for arranging their transportation to the country from which they joined the tour. ESC shall not be held responsible for the level of services and events outside the framework of the tour which the Client shall order in the tour destination with other persons or organizations.
ESC shall not be held responsible for the tour shortcomings which cannot be influenced by ESC, such as the weather, traffic situation, restrictions imposed by the government during the tour and for other force-majeure circumstances. The Client may not raise any claim on the basis of the circumstances which were known to the Client before the tour.
ESC shall not be held responsible for an eventual delay of the plane (on technical grounds, because of unfavourable weather conditions, on operational grounds, busy air channels etc.) and the related damages. The Client is not entitled to a compensation for the waiting time at the airport in case of the late/early airplane departure/arrival, or for unused services related to the stay, or for a withdrawal from the tour contract.
The planned transportation time may be extended due to unforeseen circumstances, such as the weather conditions, waiting on the border crossings, or the road traffic problems. The Client is not entitled to a compensation for the waiting time, or for the unused services related to the tour, or to a withdrawal from the tour contract due to the delay of the mean of travel.
The Client shall be held responsible for observation of the transportation terms and conditions of the air carrier to and from destination or during the tour.
ESC shall not be held responsible for any eventual discrepancies or exclusion from transportation caused by the failure of the Client to observe the terms and conditions of transportation.
ESC shall not be held for eventual shortcomings of the air carrier. The Client shall raise its claims at the air carrier in accordance with the relevant transportation conditions or claims proceedings.
ESC shall not be held responsible for damages which were not caused by ESC or its service suppliers, but which were caused by the Client, or by a third person not related to the tour provision, or by the event which could not be prevented even with the application of the maximum effort, or for damages caused by unusual or unforeseeable circumstances.
5. Claims and Complaints
The Client should report all complaints related to the provision of services on the telephone number of ESC +421 907 206 681 as soon as possible. Following that ESC shall initiate the complaint proceedings. ESC agrees to do everything in its power to make sure that the situation is remedied to the tour standard.
If the Client claims indemnification for the services which were not provided up to the agreed standard then the Client shall raise the relevant claim by phone and then formulate its claim also in writing indicating all relevant information and deliver it by fax or by mail within 7 days from the date the claim was raised by phone. The claim may be either in Slovak or in English language.
ESC shall inform the Client about the claim resolution within 30 days from the delivery of the claim.
In case of substantiated claim ESC shall refund to the Client the difference between the provided and agreed services. ESC shall not refund any of the Client's expenditures caused by the Client's failure as long as they were not approved by ESC in advance.
ESC shall not be held responsible for medical insurance of the Client (the tour participant) and for an eventual loss of the luggage during the tour. ESC recommends its Clients to secure the relevant insurance before their departure from their country.
7. Personal Data Protection
The Clients are aware of the fact that ESC shall save the basic personal data about the Client in its database and may use them for marketing purposes. ESC shall save these data in accordance with the Personal Data Protection Act (the Act No. 428/2002 of the Legal Code) and agrees not to provide these data to any third party except in cases specified by the law. The Client is entitled to request from ESC information on the personal data saved by ESC about the Client and ask for their deletion or change if they are not correct, or if they were acquired illegally.
8.Changes in Terms and Conditions and the Contract Termination
ESC is obliged to inform the Client without any delay about the changes concerning the terms and conditions in this Catalogue at least 20 days before the tour start.
If the change includes the change in the price within 21 days before the tour start (e.g. as a result of the changes in transport, in fees included in the tour price) the Client may withdraw from the contract within three days from the relevant change notification. ESC shall lose its title to adjust the prices if it fails to inform the Client about the relevant changes on time.
The client can make a cancellation to the booking up to 48 hours before arrival or 48 hours before the time of the booked activity.
ESC may withdraw from this Contract on the following grounds:
- force majeure, i.e. those grounds which cannot be influenced by the company, such as natural disasters, wars and other similar conflicts etc.
- if the tour does not have enough participants 7 days before the tour start.
If ESC withdraws from the Contract ESC agrees to pay to the Client the full price of the tour within 15 days from the date of withdrawal from the Contract, or to offer to the Client for the same price an adequate alternative tour which is similar to the cancelled tour.
The paid sum shall be refunded to the Client in the same way as it was paid by the Client to the Company. The Client is not entitled to any interest rate on the refunded sum.
These general conditions of the contract of ESC are valid for participation on all tours carried out after 1 st March 2004 and are a part of the Tour Contract, unless a different scope of mutual rights and obligations is agreed or specified by ESC in writing
Ordering the tour the Client confirms that these general conditions are known to the Client, that the Client understands them and agrees with them, and consequently also accepts them.
An integral part of these general conditions of the contract is also the information updated by ESC on its web site concerning the date of start and end of the tour, its price including the schedule of payments and the amount of the advance payment,
destination and the place of stay, type of accommodation, its location, category, the level of facilities and its main features, number of meals and the form of their provision, program and location, scope and quality of other services which are included in the respective tour.
On the basis of its order the Client confirms its agreement that ESC processes the personal data of the Client, including the personal number (if the Client has a personal number), for the purposes of the services offered and mediated by ESC, and approves that the personal data of all persons included in the application are also processed.
All relations between ESC and the Client which are not regulated by this Contract and the relevant conditions shall be governed by the legal regulations valid on the territory of the Slovak Republic.
Eventual disputes are subject to the courts with the jurisdiction over the seat of ESC.
Written in Bratislava on 26th June 2014.