The following General Terms and Conditions apply to all package tours organised by GAIS s.r.o. tour operator (hereinafter the “Tour operator”)
General terms and conditions for download in PDF .
I. Establishment of contractual relationship
1.1
Prior to execution of the Package Tour Contract, the Client is provided with information on the package tour pursuant to Section 1b (1)(a) or (b)(1) to (4) of Act No. 159/1999 Coll. The General Terms and Conditions and the General Terms and Conditions of the Lease of a Watercraft are also published on the Tour operator’s website at www.gaisplachetnice.cz (hereinafter the “Tour operator’s Website”).
1.2
The contractual relationship between the Tour operator and the Client arises upon Booking Confirmation by the Client on the Tour operator’s website and after proper and timely payment of the reservation fee. Immediately after the execution of the Package Tour Contract, the Tour operator shall send the Package Tour Certificate (“voucher”) in textual form to the Client’s e-mail address specified by the Client.
II. Price of the package tour
2.1
The package tour prices are the prices agreed between the Tour operator and the Client and are always specified in the Package Tour Contract and in the Package Tour Certificate.
2.2
Any discounts announced by the Tour operator after the date of execution of the Package Tour Contract shall not entitle the Client to seek a discount.
III. Payment terms
3.1
Upon execution of the Package Tour Contract, the Client shall pay 50% of the total price of the package tour (hereinafter the “reservation fee”). The Client is obliged to pay the balance of the total price of the package tour agreed in the Package Tour Contract within the deadline agreed therein.
3.2
The date of payment means the date when the required amount is credited to the Tour operator’s current account.
3.3
If the reservation fee is not paid within the set deadline, the reservation will expire. If the balance of the price is not paid by the agreed deadline, the reservation fee shall be forfeit and the Client will not be entitled to its refund.
3.4
As a rule, a document for accessing the accommodation and other services and instructions for departure shall be handed over to the Client only after full payment of the total price of the package tour.
3.5
All payments can be made by non-cash transfer to the Tour operator’s account or by the card that has online payments enabled, through the payment gateway on the Tour operator’s website.
IV. Changes in the service programme, withdrawal from the package tour contract and cancellation of the package tour
4.1
If the Tour operator is forced to modify its obligations under the Package Tour Contract for objective reasons (changes in the programme due to weather reasons, changes affecting foreign partners, carriers, etc.), the Tour operator may unilaterally alter its obligations in a non-material way. In that case, the Tour operator shall notify the Client about the changes, without delay, in writing (to the e-mail address specified by the Client). The overall scope and quality of the services provided must be maintained and the price of the package tour must not change because of the aforementioned non-material changes. In such a case, the Client is not entitled to withdraw from the Package Tour Contract without having to pay the cancellation fee, unless the changes are of a material nature (see Art. 4.2).
4.2
If, for objective reasons, the Tour operator is forced to change one of the main elements of the package tour within the meaning of Section 2527 of Act No. 89/2012 Coll., the Civil Code, or if the Tour operator is unable to meet the Client’s special requirements expressly accepted by the Tour operator, the Client may either accept the proposal for a change in the package tour or withdraw from the Package Tour Contract within 5 days of delivery of the notice of alteration of the Package Tour Contract obligation without being required to pay the cancellation fee for early termination. The deadline must also expire before the start of the package tour. If the Client fails to withdraw from the Package Tour Contract within the deadline, he or she is conclusively presumed to have consented to the alteration of the Package Tour Contract. If this change reduces the quality or costs of the package tour, the Client is entitled to a reasonable discount on the price of the package tour.
4.3
The Tour operator reserves the right to cancel the package tour and notify the Client of this fact:
a) not later than 20 days before the start of the package tour in case of trips longer than 6 days;
b) not later than 7 days before the start of the package tour in case of trips lasting between 2 to 6 days;
c) not later than 48 hours before the start of the package tour in case of trips shorter than 2 days;
if the minimum number of participants specified in the Package Tour Contract has not been reached.
4.4
Furthermore, the Tour operator has the right to withdraw from the Package Tour Contract if it is prevented from performing its obligations by unavoidable and extraordinary circumstances (e.g. uncertain political or military situation in the destination country, strikes, etc., which lie outside the Tour operator’s control). In that case, the Tour operator shall notify the Client of the cancellation of the package tour without undue delay before the start of the package tour.
4.5
In case of withdrawal from the Package Tour Contract, the Tour operator shall refund, without undue delay, but not later than within 14 days from the termination of the Contract, any and all payments for the package tour made by or for the benefit of the Client.
4.6
The Tour operator has the right to withdraw from the Package Tour Contract if the Client has breached his/her obligations. In that case, the Client is not entitled to a refund of the payments rendered to the Tour operator for the package tour.
V. Assignment of the Contract by the Client
5.1
The Client may notify the Tour operator in writing that another person (indicated in the notification) will participate in the package tour instead of the Client, provided that the person meets the conditions for participation in the package tour. The Client shall deliver the notice in writing together with a declaration of the new Client that he/she agrees with the Package Tour Contract and meets the conditions for participation of the package tour. The notification must be delivered to the Tour operator at least 7 days before the commencement of the package tour. The Tour operator may only charge extra fees for direct expenses related to the change of the Client.
VI. Withdrawal from the Package Tour Contract by the Client
6.1
The Client has the right to withdraw from the Package Tour Contract at any time before the start of the package tour, by means of a written notice to the Tour operator (sent via e-mail, fax, or a postal service provider). If the Client withdraws from the Package Tour Contract on the grounds of a breach of the Tour operator’s obligations stipulated in the Package Tour Contract, the Tour operator is obliged to refund, without undue delay but not later than 14 days from termination, all the payments the Tour operator has received from the Client for the package tour, without the Client being obliged to pay the cancellation fee to the Tour operator.
6.2
The Tour operator recommends the Client to take out a cancellation insurance for the event of withdrawal from the Package Tour Contract by the Client for serious and demonstrable reasons (such as a death in the family, serious injury, war, strikes, terrorist attacks, extraordinary sanitary circumstances, natural disasters, health emergency, special situations affecting maritime borders, borders or other). If the Client fails to take out insurance against these events, the Tour operator shall retain the performance provided and arrange for provision of the travel services ordered by the Client at a substitute date. If this is not reasonably possible, the Tour operator shall refund everything that the Tour operator has received from the Client in payment of the price of the package tour, except for the cancellation fee, which the Tour operator may deduct from the total price of the package tour.
6.3
If the Client withdraws from the Package Tour Contract arbitrarily, the Client is obliged to pay to the Tour operator the below-specified cancellation fee and reimburse it for other expenses related to the cancellation of the reservation.
- 70% of the total amount in case of cancellation occurring not later than 30 days before the date of the first use of services;
- 100% of the total amount in case of cancellation occurring later than 30 days before the date of the first use of services or if the Client fails to appear at the departure for the package tour.
The cancellation fee becomes payable on the date of delivery of the notice of withdrawal from the Package Tour Contract to the Tour operator.
6.4
If the Client fails to use the Tour operator’s services or must be excluded from the package tour on grounds of a breach of the Client’s obligations, the Client is not entitled to a refund of the money paid by the Client to date.
VII. Complaints
7.1
If the Client is dissatisfied with some of the services provided, the Client must inform the Tour operator’s representative of this fact without delay and request a remedy. If the Tour operator’s representatives are unable to provide the requested remedy or if they reject the Client’s request, the Client shall draw up a record in which the circumstances of the complaint shall be objectively stated. The record shall be signed by the Tour operator’s representatives and the Client making the complaint. The Client must exercise his/her right with the Tour operator without undue delay. The Tour operator shall remedy the defect of the package tour unless this is impossible or unless remedying the defect would entail disproportionate costs, taking into account the extent of the defect and the value of the travel services affected.
7.2
In case of a material defect, the Client may withdraw from the Package Tour Contract without payment of the cancellation fee.
7.3
If material defects of the package tour arise after the departure, the Tour operator shall offer a suitable alternative solution not entailing any additional costs for the Client, if possible of the same quality as agreed in the Package Tour Contract, so that the package tour can continue; this also applies in cases where the Client’s return to the place of departure is ensured in a manner other than agreed. If the proposed solution is of a quality lower than agreed in the Package Tour Contract, the Tour operator shall provide the Client with a reasonable price reduction.
7.4
If the Client pointed out a defect to the Tour operator pursuant to Art. 7.1 and the Tour operator failed to remedy it without just cause, the Client is entitled to compensation for damage according to the forms and terms set up by the law of the Czech Republic.
7.5
If the Client does not use the services included in the package tour price, he/she is not entitled to a reduction in the package tour price or provision of a substitute performance.
7.6
If local authorities do not allow the Client to enter the transit or destination country, the Tour operator is not liable to the Client; the Client must return to the country of departure at his/her own expense and loses any entitlement to compensation for unused services. At the same time, the Client (individual) is charged the cancellation fee as if he/she did not arrive at the departure for the package tour. This shall not apply to group tours.
7.7
The amount of compensation for damage under the Package Tour Contract related to air transport shall be governed by the provisions of international agreements concluded in Warsaw, The Hague, Guadeloupe and other applicable legal provisions or agreements.
7.8
The Tour operator is not liable for any damage caused by the Client to a third party not associated with the provision of a package tour or an unavoidable event that could not have been prevented even by exerting all reasonable efforts. The scope of the Tour operator’s liability in transport of passengers and luggage is limited by the terms and conditions of transport of passengers, luggage and goods issued by the relevant transport company. Missing luggage must be reported immediately at the airport with the relevant airline, where the Property Irregularity Report (PIR) must be drawn up.
7.9
The Tour operator is not liable for any delay and states that delays may occur for unforeseeable reasons, e.g. because of technical problems, unfavourable weather or traffic congestions. When planning connections, business dates and the entire trip, the Clients must take into account the possibility of a delay, which may even be substantial. In the event of a delay (except for the delay specified in Art. V of the General Terms and Conditions of the Lease of a Watercraft), even with respect to arrival at the destination, the Client shall not be entitled to withdraw from the Package Tour Contract.
7.10
In matters not expressly provided for herein, the provisions of Czech legal regulations, especially Act No. 89/2012 Coll., as amended, and Act No. 159/1999 Coll., on certain conditions for operating a business and on performance of certain activities in the field of tourism, as amended, shall apply.
7.11
Pursuant to Act No. 634/1992 Coll., on consumer protection, the Client may contact the Czech Trade Inspection Authority and initiate proceedings on out-of-court resolution of consumer disputes. Contact details: Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz. If the Client has ordered the Tour operator’s services online, he/she has the right to use the “ONLINE DISPUTE RESOLUTION” service at http://ec.europa.eu/consumers/odr/.
VIII. Travel insurance
8.1
Each Client is obliged to take out travel insurance for his/her trip abroad. If travel insurance is not taken out, the Client takes full responsibility for any damage incurred in connection with the package tour. The Tour operator suggests to take out a comprehensive travel insurance provided by Union poisťovňa, a.s., branch for the Czech Republic, Id. No.: 24263796, with its registered office in Prague 2 - Vinohrady, at Španělská 770/2, Postal Code 120 00. Contact details: phone: +421 844 111 211, from abroad: +421 220 811 811, e-mail: union@unionpojistovna.cz, including insurance against cancellation of the package tour that can be taken out upon execution of the Package Tour Contract. Their current General Terms and Conditions of Insurance are available for download at: https://www.unionpojistovna.cz/kcp/doc/vseobecne-poistne-podmienky.pdf. In case of an insured event or cancellation of the package tour, fill in the contact form on the website at https://www.unionpojistovna.cz/kontaktni-formular or contact the Eurocross assistance service at phone No. +420 296 339 644 or +31 71 36 41 212.
IX. Obligations of the Client
9.1
- The Client is obliged, in particular:
- to pay the reservation fee and balance payment to the Tour operator within the set deadline;
- to obtain a valid travel document or other travel formalities not arranged for by the Tour operator, and to follow the Tour operator’s written instructions and verbal instructions given by the Tour operator’s representative;
- to comply with the transport conditions of the individual transport companies (e.g. luggage weight);
- to comply with other obligations set out in the Package Tour Contract, including the General Terms and Conditions and the General Terms and Conditions of the Lease of a Watercraft.
9.2
The Client is aware of his/her physical and medical condition as well as of other abilities (swimming, spatial orientation, etc.) and is obliged to ensure that he/she does not overestimate his/her abilities and thus endanger his/her life or health or, if applicable, the lives and health of other tour participants.
X. Personal data protection and GDPR
10.1
Any handling of personal data is governed by the applicable legal regulations, especially the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Act No. 110/2019 Coll., on personal data processing, as amended (hereinafter the “Personal Data Processing Act”). The Tour operator collects and processes the following passenger personal data: name, surname, date of birth, birth identification number, sex, permanent address, nationality, telephone number, e-mail address, travel document number, document expiry date, and payment details.
10.2
For the purposes of performance of the Package Tour Contract or other travel services agreements, the Client acknowledges that his/her personal data will be provided to the necessary extent to other subcontractors of the services that form part of the package tour (transport companies, accommodation facilities, foreign partners, contracted guides, representatives, contracted insurance companies), or used for the purposes of administrative and official acts in the performance of this Package Tour Contract.
10.3
The Client, as the data subject, declares that he/she will properly and in due time inform his/her co-travelling persons or their legal representatives who authorised the Client to enter into the Package Tour Contract of the use and processing of their personal data by the Tour operator or other providers of travel services (other processors).
10.4
The Client’s consent to personal data processing is required only for a specific purpose, e.g. for inclusion in a loyalty programme. The Tour operator may send usual marketing offers to its Clients without said consent. The Client may revoke consent with the sending of commercial communications via e-mail at the following address: info@gais.cz.
10.5
Detailed information on personal data processing and advice on the Client’s rights in relation to personal data protection are available at: https://www.gaisplachetnice.cz/en/processing-personal-data. If the Client believes that legal regulations have been violated in relation to the protection of his/her personal data, he/she has the right to file a complaint with a supervisory authority. The Office for Personal Data Protection (ÚOOÚ) is the supervisory authority in the Czech Republic; for more information, go to its website at: https://www.uoou.cz. The supervisory authority in Italy is Garante per la protezione dei dati personali; for more information, go to its website at: https://garanteprivacy.it/
XI. Final provisions
By executing the Package Tour Contract, the Client confirms that he/she has become acquainted with its contents, including, but not limited to, the scope of the services ordered, the General Terms and Conditions and the General Terms and Conditions of the Lease of a Watercraft, and agrees with them on behalf of all the co-travelling persons in whose name he/she executes the Package Tour Contract. The Client is responsible for the correctness of the personal data specified by the Client and agrees with their processing pursuant to the Personal Data Processing Act for the needs of the Tour operator and for the purpose of sending offers of travel services.
