GENERAL TERMS

GENERAL CONTRACTUAL TERMS AND CONDITIONS FOR PARTICIPATION IN TOURS ORGANIZED BY THE SIMPICISSIMUS REISEN TRAVEL AGENCY

(hereinafter referred to as the “General Contractual Terms and Conditions”)


I. CONTRACTUAL RELATIONSHIP
1. The following are the participants in the contractual relationship:

a) Tour Provider - SIMPLICISSIMUS REISEN  s.r.o. travel agency, entered in the Commercial Register of Bratislava I District Court, Section: Sro, Entry No. 31138/B, with its registered seat at Klariská 10, 811 03 Bratislava, BIN: 35 880 180  (hereinafter referred to as “SRTA”) and
b) Tour Client – a natural person or legal entity competent to carry out legal acts (hereinafter referred to as the “Client”). For the purposes of these General Contractual Terms and Conditions, the Client is a person who has concluded a Tour Provision Contract with SRTA or carried out a written order or a person for whose benefit the Contract has been concluded or a written order has been confirmed or a person to whom the tour has been transferred in compliance with these General Contractual Terms and Conditions. In the event that several persons are acting on the part of the Client, the designation Client in singular is also used for them and in this case all of the persons in the party of the Client are obliged to jointly and severally fulfill their obligations arising from the Tour Provision Contract.   

2.  The contractual relationship between SRTA and the Client arises:

a) upon the conclusion of the Tour Provision Contract (hereinafter referred to as the “Contract”);
b) upon the payment of the tour price or its part in the event of individual orders of the Client for the tour or services that are carried out upon request; or
c) upon the payment of the tour price or its part electronically via Internet.

The payment of the tour price or its part to SRTA’s bank account is an explicit and free manifestation of the Client’s will to enter into a contractual relationship with SRTA, his/her acceptance of all contractual terms and conditions and an expression of agreement with them.   

3. The written form of the offer authorized by SRTA, including the offer at the website www.simplicissimusreisen.sk, the General Contractual Terms and Conditions and other written information forwarded by SRTA upon its receipt of the tour application, constitutes part of the Contract.
SRTA reserves the right to present different terms and conditions and specifications in special written offers which shall prevail over the General Contractual Terms and Conditions.  

4. By confirming the contractual relationship, SRTA undertakes to arrange for the Client a written offer of tourism services (tour) in advance. Any other services beyond the framework of the offered services may be provided for a separate payment.  By confirming the contractual relationship, SRTA shall be entitled to the payment of the tour’s price or its part by the Client.  

5. By confirming the contractual relationship, the Client undertakes to pay the agreed upon price for the ordered tour. If the Client is concluding the Contract for the benefit of other Clients indicated in the Contract, by signing the Contract, he/she confirms that he/she has the written authorization of the other Clients to act at their behalf and with their agreement to conclude the Contract and the agreement to provide SRTA with their personal data at his/her disposal. Furthermore the Client, on the behalf of the other Clients, also undertakes to fulfill the commitments towards SRTA and hand over information designated by SRTA to the other Clients without delay. Only services agreed upon in writing shall become part of the contractual relationship. Upon SRTA’s request, the Client shall be obliged to provide proof of payment of all or a part or the tour price.  

6. The right to participate in the tour arises for the Client and other Clients indicated in the Contract upon the payment of the full agreed upon price of the tour and compliance with the other terms and conditions for the provision of services. A valid Contract and document of payment of the full price of the tour are the valid documents that shall enable the Client to participate in the tour.  


II. TOUR PRICES

1. The prices of tours and related services organized by SRTA are the contractual prices agreed upon between SRTA and the Client. The binding and agreed upon price shall be indicated in the Contract confirmed by SRTA.  

2. Pursuant to Act No. 281/2001 Coll., SRTA may unilaterally increase the price of the tour no later than the 21st day prior to the commencement of the tour if:  
a) travel costs including fuel prices increase; or
b) payments related to transportation increase.

3. The Contractual Parties have agreed that SRTA may unilaterally increase the price of a tour in the event of changes of more than 5% in the exchange rate of the national currency of the state in which the tour takes place and which was used for determining the price of the tour if such increase occurs up to the 21st day prior to the commencement of the tour.   

4.  SRTA is obliged to send a written notification to the Client regarding the increase of the price not later than 21 days prior to the commencement of the tour.  

5. The prices of the tours are calculated per person and include only those services that are listed in the SRTA offer for each tour.  

6. Discounts may only be agreed in the event of group tours.


III. PAYMENT TERMS AND CONDITIONS
1. SRTA is entitled to receive payment of the tour’s price before its provision and the Client is obliged to pay the tour’s price before its provision.  

2. Unless the Contractual Parties have agreed otherwise in writing, SRTA may request the payment of advances up to the conclusion of the Contract. The amount of the advance and the timetable for the payments have been agreed upon as follows:  
a) upon the establishment of the contractual relationship, the Client is obliged to pay the advance in the amount of 30% of the tour’s price, as a rule, on the due date in compliance with SRTA’s written request;
b) the Client is obliged to pay the outstanding balance of the price of the tour not later than 21 days prior to the commencement of the tour;
c) if the contractual relation is established less than 21 days prior to the commencement of the tour, the Client is obliged to pay 100% of the tour’s price.

3. The Client is only entitled to the services upon the payment of the full price of the tour. If for any reason the Client fails to adhere to the deadlines or payments pursuant to Article III of the General Contractual Terms and Conditions, SRTA may withdraw from the concluded Contract and request the payment of a contractual fine (cancellation fee) pursuant to Article VII of the General Contractual Terms and Conditions.   


IV. RIGHTS AND OBLIGATIONS OF THE CLIENT

1. The following are the basic rights of the Client:
a) the right to the contractually agreed upon and paid services;
b) the right to request information from SRTA related to the contractually agreed upon and paid services;
c) the right to be informed about possible changes in the contractually agreed upon services;
d) the right to withdraw from the Contract pursuant to Article VII of the General Contractual Terms and Conditions at any time before the commencement of the provision of services;
e) the right to claim remedy for shortcomings in the contractually agreed upon services and violations of SRTA’s legal obligations and its settlement in compliance with Article VIII of the General Contractual Terms and Conditions;  and
f) the right to inform SRTA in writing before the commencement of the tour that a person other than the person specified in the information shall participate instead of the Client. This right however, may only be exercised by the Client up to 36 days prior to the commencement of the tour. This right terminates upon the expiration of this period. The information must incorporate a written and signed proclamation of the new Client that he/she agrees with the concluded Contract, these General Contractual Terms and Conditions and that he/she complies fully with all of the agreed upon conditions for participation in the tour. As of the day of delivery of the information, the person indicated in this information shall become the Client who assumes all of the rights and obligations of the original Client, and the original Client and the new Client shall be jointly and severally responsible for the payment of the tour price and the costs incurred for SRTA related to this change.  The new Client shall not be entitled to any special offers, discounts or insurance that were exclusively connected to the original Client.  SRTA is entitled to compensation for the costs that it incurs related to the change of the Client.

2. The following are the basic obligations of the Client:
a) to provide SRTA with the necessary cooperation for duly ensuring and providing the services, particularly, to truly and fully present the requested data in the Contract, including any changes in these data and to submit all necessary documents upon SRTA’s request;
b) to pay the price of the tour in compliance with Article III of the General Contractual Terms and Conditions and to present the proof of payment upon SRTA’s request;
c) in the event of information regarding additional changes or ordered services in the tour, to inform SRTA in writing about his/her standpoint, otherwise it shall be understood that the Client agrees to the changes;
d) for persons under 15 years of age, to ensure an accompanying adult person – tour participant providing supervision, to ensure accompaniment and supervision of persons whose health status requires it;
e) to follow the instructions of SRTA, the guide or any other authorized representative of SRTA and to adhere to the set program;
f) to act to prevent any damage to the health or property of other tour participants, suppliers of services or SRTA;  
g) to refrain from acting and behavior which could risk, harm or limit other tour participants;   
h) if due to his/her behavior, a tour participant (the Client)  limits SRTA, as the organizer of the tour, its representatives, contractual partners or other tour participants, violates the instructions of SRTA, disturbs the fluent operation of the tour or damages the property of others, such behavior shall be considered  a gross violation of the Terms and Conditions of the Contract and as damaging toward other tour participants, and the representative of SRTA shall be entitled to assert sanctions towards such Client by not providing further services during the tour or even excluding him/her from transportation or the entire tour. In the event that the Client is excluded, SRTA may unilaterally cancel the Contract and such Client shall not be entitled to any compensation for non-provided services; the Client shall also be obliged to pay for any damage that he/she caused; and   
i) to be present at the point of departure at the proper time with all necessary documents.  


V. RIGHTS AND OBLIGATIONS OF SRTA

1. The corresponding rights and obligations of SRTA pertain to the rights and obligations of the Client indicated in Article IV of these General Contractual terms and Conditions.

2. SRTA is particularly obliged to:
a) have concluded an insurance contract against the insolvency of the travel agency; and
b) before concluding the Contract, to inform the Client of any facts which are known and which might affect the decision of a potential Client to purchase the tour.

3. SRTA is not obliged to provide the Client with any services beyond the framework of services confirmed in writing and paid ahead of time.

4. SRTA is obliged to hand over the original of the Contract and the information on SRTA’s insolvency insurance to the Client no later than the first day of the tour.


VI. CHANGES IN THE AGREED UPON SERVICES

1. If SRTA is forced to substantially change the conditions of the Contract before the commencement of the tour, it shall propose such change in the Contract to the Client. If the proposed change to the Contract also results in a change in the price of the tour, the proposal must include the new price. The Client may agree with the change or withdraw from the Contract without having to pay a cancellation fee. The Client must inform SRTA in writing of his/her decision by the deadline designated by SRTA in the proposal.

2. If after the commencement of the tour SRTA fails to duly and punctually provide the Client with the services or their substantial part, or if it finds out that it will not be able to provide them to the Client, although it is bound by the Contract to do so, it is obliged to take such measures without delay to ensure that the tour continues.  

3. SRTA may implement operative changes to the program and provided services in the course of the tour if due to emergency, the originally agreed upon program and services can not be arranged for. In such cases SRTA is obliged to:
a) ensure a replacement program and services in the extent and quality as close as possible to and corresponding with the nature of the original services and in the case of ensuring of services at least at the same level; any other claims of the Client shall not be acknowledged; or  
b) return the paid price to the Client for non-provided services or services uncompensated for by a replacement fulfillment; or
c) provide the Client with a discount from the paid price for services which were included in the price of the tour but not fully provided or for which replacement fulfillment was not provided.  

4. SRTA shall be entitled to compensation for services provided beyond the framework of the services agreed upon in the Contract which were provided upon the request of the Client and with the agreement of SRTA in the course of the tour.  

5. SRTA hereby reserves the right to change subject and schedule of the tour due to a force majeure event, resulting from a decision of state organs or emergency events.  


VII. WITHDRAWAL FROM CONTRACT, CANCELLATION OF THE TOUR, CANCELLATION FEES

1. SRTA may only withdraw from the Contract before the commencement of the tour on the grounds of a cancellation of the tour or due to a violation of contractually agreed upon obligations of the Client.  

2. SRTA reserves the right to cancel the tour before its commencement if the minimum number of participants has not made reservations (minimum reservation). The minimum number is usually 20 participants per tour. If fewer participants make reservations, SRTA may cancel the tour; however not sooner than 14 days before the commencement of the tour and it is obliged to send the information to the Client regarding this fact no later than 10 days before the commencement of the tour. In the event of SRTA’s cancellation of the tour, the Client shall be provided with the possibility of choosing a replacement tour or being reimbursed for any payments of the tour price without delay.  

3. SRTA reserves the right to cancel the tour due to force majeure events (such as war, terrorist attack, uprising, earthquake, other natural disasters, spread of contagious disease or a decision of a state organ or if the safety, health or life of the Clients would be otherwise threatened) which could not have been foreseen or prevented at the time of the conclusion of the Contract. In the event of SRTA’s cancellation of the tour, the Client shall be provided with the possibility of choosing a replacement tour or being reimbursed for any payments of the tour price without delay.
 
4. SRTA also has the right to cancel the tour due to reasons other than those indicated in this Article; however, not later than 21 days before the planned commencement of the tour and it is obliged to inform the Client of this fact not later than 14 days before the commencement of the tour or the use of services. In the event of SRTA’s cancellation of the tour, the Client shall be provided with the possibility of choosing a replacement tour or being reimbursed for any payments of the tour price without delay.

5. The Client may withdraw from the Contract:
a) anytime before the commencement of the tour; or
b) due to SRTA’s gross violation of its obligations arising from the Contract.
The Client must send a notification of withdrawal from the Contract to SRTA via registered letter or in a different provable way. The effects of withdrawal occur on the day of delivery of the written notification to SRTA.   

6. If the Client withdraws from the Contract pursuant to Paragraph 5 letter a), or if SRTA withdraws from the Contract due to the Client’s violation of its obligations, the Client is obliged to pay SRTA a cancellation fee. The amount of the cancellation fee is calculated according to the number of days from the day of effectiveness of the withdrawal until the commencement of the tour and is charged per person in the following amount:
• 33.00 EUR and insurance from the conclusion of the Contract up to the 36th day prior to the commencement of the tour;
• 30% of the tour price and insurance from the 35th up to 21st day prior to the commencement of the tour;
• 50% of the tour price and insurance from the 20th up to 14th day prior to the commencement of the tour;
• 80% of the tour price and insurance from the 13th up to 6th  day prior to the commencement of the tour; or
• 90% of the tour price and insurance from the 5th day up to the day of commencement of the tour or if the Client fails to show up on the day of departure and in the designated location.  

The right to compensation for damages exceeding the amount of the paid cancellation fee which are incurred by SRTA due to the Client’s withdrawal the Contract shall remain unaffected by the payment of the cancellation fee.  

7. The day on which the withdrawal from the Contract becomes effective is the decisive day for determining the number of days for the calculation of cancellation fee. This day is also included in the calculated number of days. The day of commencement of the tour is not included in the number of days.

8. SRTA may deduct the cancellation fee and insurance and the compensation for damages from the paid tour price or its part.  
 
9. A request by the Client to change the dates or any other elements of the tour indicated in the Contract shall not release the Client from his/her obligation to pay the cancellation fee unless the Contractual Parties have agreed otherwise.  



VIII. CLAIMS PROCEEDINGS

1. In the event that the extent or quality of provided services is objectively of a lower standard than originally agreed upon, the Client shall be entitled to a remedy of the incorrectly provided service or the assertion of a claim.

2. The Client is obliged to assert his/her claim for remedy of the incorrectly provided service without delay and directly on the spot with the SRTA representative to ensure the immediate remedy of the situation. The Client is obliged to provide SRTA with maximum cooperation to ensure that any possible shortcomings are eliminated as effectively as possible and thus to prevent the occurrence or minimization of any damage.

3. Written records must be taken regarding the asserted claim for the remedy of incorrectly provided service in cooperation with the representative of SRTA. The Client must submit written records while asserting his/her claim.

4. The Client must assert his/her claim in writing to SRTA without delay, however not later than 3 months from the tour’s completion or if the tour was not carried out, from the day on  which the tour should have been completed according to the Contract; otherwise the right to a  claim shall expire. The Client shall attach the written records indicated in the previous point to the written assertion of his/her claim.

5. SRTA is obliged to respond in writing to all claims asserted in compliance with these General Contractual Terms and Conditions within 30 days from the delivery of the claim.

6. SRTA shall not be liable for any damage caused by a violation of its obligation in providing services or by its withdrawal from the Contract if the damage was not caused by SRTA or its contractual partners but by the Client or a third person not related to the provision of services or due to an event which could not have been prevented even while exerting all possible efforts or as a consequence of unusual or unforeseeable circumstances.    

7. SRTA shall not be liable for the standard of services that are ordered by the Client on his/her own with the third persons.

8. Each Client is personally responsible for adhering to passport, customs, foreign exchange, transit, health, transport and other regulations of the Slovak Republic and any other country in which the tour is organized or through which the tour shall pass.  


IX. PERSONAL DATA

In compliance with Act No. 428/2002 Coll. on Personal Data Protection in its valid wording, the Client is aware of his/her rights and obligations related to acquiring and processing personal data. By signing the Contract, he/she grants his/her consent to the processing of the personal data indicated in the Contract with a view to ensuring and providing the contractually agreed upon services and for fulfilling the obligations assigned by the generally binding legal regulations and aforementioned law for the period necessary for ensuring the rights and obligations arising from the contractual relationships between the Client and SRTA, including providing access to these data to business partners of SRTA and the cross-border flow of personal data in the country where the tour takes place or a transit country exclusively with a view to ensuring contractual services for the Client. The Client may revoke this consent after previously granting it to SRTA. The Client also grants his/her aforementioned declaration and consent on behalf of the other tour’s Clients. The Client is liable for the thoroughness, truthfulness and correctness of the data provided with a view to concluding the Contract.


X. INSOLVENCY INSURANCE

In compliance with Act No. 281/2001 Coll. on Tours, the Terms and Conditions for Business Conducted by Travel Agencies and Tour Operators, SRTA has concluded an insurance policy for the tour with an insurance company against the event of its bankruptcy (insolvency insurance). Pursuant to this policy, which also covers the concluded Contract, the Client, as the insured, shall be entitled to the payment of an insurance claim in the event that SRTA, due to its bankruptcy:
a) fails to provide transportation to the Client from the point of departure to the final  point of arrival of the tour  in the extent designated in the offer and the Contract;
b) fails to return the Client the paid advance or tour price in the event that the tour does not take place; or
c) fails to return to the Client the difference between the fully paid tour price and the partially paid price of the tour in the event that the tour is provided only partially.


XI. TRAVEL INSURANCE

1. Pursuant to Act No. 281/2001 Coll. on Tours, the Terms and Conditions for Business Conducted by Travel Agencies and Tour Operators, SRTA shall offer the Client (individual or group) the possibility of concluding travel insurance for the duration of the tour. The insurer’s offer of travel insurance to the Client is attached to the Contract.
 
2. The insurance relationship is concluded directly between the Client and the insurance company. The insurance company shall be in direct contact with the Client in the case of a settlement of an insured event. SRTA has no right to enter into this relationship.


XII. FINAL PROVISIONS

1. The General Contractual Terms and Conditions for participation in tours organized by the SIMPLICISSIMUS REISEN, s.r.o. travel agency are governed by the provisions of Act No. 281/2001 Coll. on Tours, the Terms and Conditions for Business Conducted by Travel Agencies and Tour Operators and on amendments and supplements to the Civil Code as amended and Act No. 40/1964 (Digest) Civil Code.

2. The legal relationship between the Client and SRTA is exclusively governed by Slovak law.

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