The contractual relation between the Travel Agency Ingtours Ltd. (hereinafter Ingtours) and the customer is based on a Tour Contract agreed by the customer (or. his legal representative) and confirmed by Ingtours (or. Its authorized dealer), resp. Proforma Invoice and enters into force on the advance payment to Ingtours' account.
The contents of the contract is determined by this contract / travel confirmation or Internet offer referring to the number of series / events and these General Terms and Conditions or the Special Conditions attached to the contract as its integral part.
The customer confirms to agree with the Ingtours Terms and Conditions by handing over completed Tour Contract / Proforma Invoice. Ingtours commits to provide all the services to agreed scope and quality by confirming the Travel information / Proforma Invoice.
Ingtours reserves the right to change prices, and place of residence with the fact that it is obliged to inform the customer immediately and to agree with him any change in conditions. If the customer does not agree with the additional change, he has the right of contract withdrawal without charge.
The customer is obliged to pay for the tour in advance and to pay for any individual services prior to their provision.
The customer is obliged to pay a deposit of minimum 10% of the total price (including optional services) at the contract agreement. The remaining price has to be paid no later than 7 days prior the departure. In the case the contractual relations start less than 7 days prior the departure the customer is obligated to pay 100% of the total price.
The payment... (payment methods e.g. money order, bank transfer, cash deposit, credit card payment)... shall be realized by crediting the account of Ingtours.
In case the customer fails to comply the payment deadline Ingtours is entitled to cancel his participation in the travel. In such case the customer pays all costs associated with the cancellation (cancellation fee).
The package price means the price specified in the Travel Contract/ Travel Confirmation / Proforma Invoice. The customer has no right to apply for a discount if the discount was announced by Ingtours after the date of contract conclusion.
Ingtours is entitled to unilaterally increase the price of the travel up to 21 days prior the departure in the event of price increase of:
a) transport prices incl. fuel prices by an amount corresponding to the proportion which falls on one customer, when the overall price increase for this reason, divided by the total number of customers of this travel(here and below may be mentioned any method of calculation - but it must be stated)
b) payments related to transport, which are included in the price, an amount equivalent to the additional payment per person.
c) the exchange rate of the Czech Crown used in determining the ttravel price by more than 10% of the amount corresponding to the percentage of change in the rate of the price of services paid in foreign currency. The day the service price was set is stated in the catalogue, price list or other form of offer.
Written notice of the price increase has to be sent by Ingtours to the customer no later than 21 days prior to departure.
Shall Ingtours be forced to increase the price of the travel for other than the above stated reasons, the customer will be offered a contract amendment (see below).
The basic rights of the customer include:
a) the right for proper provision of contracted and paid services
b) the right to obtain additional information if not available on the Internet, esp. a contact person to whom the customer can turn in case of emergency (local Ingtours representative, embassy-address and phone number), details of contact for under-aged person, respectively. Ingtours representative in the place of residence of the under-aged person, in the case the travel participant is under-aged person.
c) the right to be informed of any changes in contracted services
The right to cancel services at any time before the commencement by a withdrawal from the
contract under the conditions of paragraph...
(Contract Withdrawal by the Customer, the Cancellation Fee)
d) the right to announce Ingtours about change of customer based on notification that includes a statement of the new customer agreeing with the Travel Contract and fulfils all the conditions to participate in the tour. This notice must be delivered to Ingtours by the 21days deadline prior to departure. Both customers (original and new one) are jointly and equally liable for the payment of the travel price and the costs connected with the customer change.
e) the right to complain in accordance with Ingtours Complaints Procedure
f) the right to personal data protection against unauthorized person
g) the right to receive Liability Insurance in case of bankruptcy as part of the travel contract document including insurance company, insurance conditions and claiming method
h) The right to extra-judicial resolution of consumer disputes; materially competent body for extra-judicial settlement of consumer disputes: Czech Business Inspection, www.coi.cz
i) The customer that bought goods or service through Internet and is a consumer, can use online platform to possible disputes settling. The more detailed information about dispute settling conditions are given on http://ec.europa.eu/odr
Basic client responsibilities include:
a) providing Ingtours cooperation needed for proper provision of services, especially full and true filling of required forms and submitting the necessary documents.
b) ensure that person under 15 years is accompanied and supervised by an adult participant throughout the travel and appropriate accompaniment and supervision of person whose medical condition requires it.
c) report participation of foreign nationals.
d) pay the price of the travel in accordance with the Payment Terms. Provide proof of payment; If the customer fails to pay the full package price within the payment deadline Ingtours is entitled to cancel his participation and charge the corresponding cancellation fee.
e) inform Ingtours of his opinions to any changes in the conditions and contents of the contracted services without undue delay.
f) collect the Ingtours documents necessary for obtaining services
g) follow the instructions of the tour guide or another person authorised by Ingtours, comply with the program, observe the rules and regulations of the country, respectively location, building. In case of infringement or serious program distortions during the travel Ingtours is entitled to be expelled from the travel. Customer loses the right to further services as well as the right to compensation for unused services.
h) refrain from any action that might endanger, harm or limit other participants of the travel
i) reimburse any eventual damage caused in vehicle or an accommodation etc. where he was receiving any services arranged through the Travel Contract.
j) to ensure of timely and proper claims against the suppliers services according to Complaints Procedure.
1) Ingtours rights and obligations are based on corresponding costumers rights and obligations mentioned in article a.
2) Ingtours is obliged to truthfully and properly inform the customer about all facts that are important for the customer and known to Ingtours, concerning the agreed services.
3) Ingtours is not obligated to provide customer fulfilment beyond the previously confirmed and paid services.
4) Ingtours is obliged to have an insurance policy for case of bankruptcy and inform the customer that the certificate is placed on the website to download for free.
5) Any damage compensation resulting from the breach of contract by the travel agency, Ingtours is not obliged to pay a sum in excess of limitations in accordance with international agreements by which the Czech Republic is bound.
Changes to agreed services and their legal consequences, Travel cancellation
1) Prior the departure and using services
a) If there are any circumstances that prevent Ingtours from providing services according to agreed conditions, it is obliged to make corresponding changes (e.g. itinerary, route or price) or cancel the travel. Ingtours is obliged to inform the customer of such changes without undue delay.
b) The customer has the right to withdraw from the contract and refund the price paid or deposit or to transfer the amount paid to cover the price of substitute fulfilment without any cancellation fee:
- cancellation of the travel by Ingtours
- changing the dates of the travel by more than 1 day
- major changes in program, sightseeing tours, accommodation place for package tours, transport and price of travel; changes in accommodation for a the same or higher category, replacement, change in order of visited places, change of arrival / departure route for traffic, safety, etc. are not considered major changes.
c) If the customer doesn't withdraw from the contract within 5 days of receiving updated notification it is considered that the changes were agreed.
2) During the travel
a) Ingtours is entitled to make operational changes to the program and provided services during the travel if for serious reasons it is not possible to comply previously agreed programs and services. In such case Ingtours is obliged:
- provide an alternative program and services in the scope and quality identical or similar to the original conditions, respectively corresponding to original tour intention
- give the customer a refund for all services not provided
- provide the customer a discount from the price of services, which were included in the package price and were not provided to the full extent and quality
If Ingtours provides alternatives for services at the same or higher quality (e.g. accommodation in another hotel of the same or higher standard), further claims by the customer are excluded.
Ingtours reserves the right to change the factual and time schedule due to force majeure situation, state authorities decisions or exceptional circumstances (uncertain security situation, strikes, transport problems, accidents and other circumstances that Ingtours was unable to influence or predict), and assumes no liability for consequences arising from the program change and travel price.
b) For accommodation abroad are the first and last day designed especially to provide transportation, transfers and accommodation are not considered full part of. In this sense, can not be claimed event. "shortening the stay."
c) CK is not responsible for any delay due to technical reasons, for reasons of bad weather,. because of the traffic, border crossings, strikes or force majeure; Passengers must take possible delays into account when planning connections, holiday, business dates, etc. In case of any delay the customer is not entitled to withdraw from the contract or damage claim.
Withdrawal from the contract by the customer, cancellation fees
The customer has the right to withdraw from the travel contract at any time prior to departure. This withdrawal must be in writing. (Letter or email).
The contractual relation and the participation is cancelled on the day the written withdrawal (cancellation) is delivered to Ingtours.
If the customer withdrawals from the contract he agrees to pay the following cancellation fee:
- Cancellation up to 30 days prior to departure: 200 CZK per person
- Cancellation 29 to 7 days prior to departure 10% of the total price
- Cancellation 7 and less days prior to departure: 100% of the total price
- Ingtours may reduce or cancel the cancellation fee, if agreed with the accommodation.
The total price means the full selling price (including all optional services).
In case one person in a double room cancels, the remaining person shall pay the extra cost for a single room, similarly to proceed in case bungalow / apartment is accommodated by a smaller number of people.
The calculation of cancellation days also includes the day when the travel was cancelled. The number of days does not include the first day of the travel (departure or tour departure).
If the customer fails to arrive for the travel or misses the departure he will be expelled from the travel, Ingtours is entitled to reimbursement of the full travel cost.(with the exception of proven cost-savings of Ingtours)
In case the customer cancels part of the tour or doesn't use some of the paid services during the travel, he is not entitled to financial compensation for unused services.
If the customer requests rebooking for different dates or hotel and Ingtours can do so, the customer is obliged to pay a fee of 100, - CZK per day/per person
The customer is entitled to claim in case the scope or quality of services provided is lower than it was previously agreed. The customer is obligated to file a complaint in a timely manner without undue delay. Filing a complaint promptly will allow the removal of defects immediately, whereas with hindsight conclusiveness and objectiveness of the assessment becomes difficult and therefore the opportunity for proper settlement of the claim. Filing a complaint at the point of service can be done either orally or in writing and the customer is obliged to cooperate in its implementation and execution. The complaint requirements must be applied with Ingtours without undue delay. Claims may also be applied to an intermediary travel agency or agent. If the customer does not apply his rights from liability for faults in provided services without undue delay-up to 1 month from the end of the travel, Ingtours will not agree to any price reduction. (see Complaints Procedure)
The customer is obliged to cooperate in order to prevent possible damage or to minimize it upon the occurrence of the fault. The customer shall notify the delegate or manager of the establishment providing services or any other responsible person immediately in order to implement immediate correction. If a customer forgets to point out the faults he is not entitled to a discount. If the fault can not be corrected, the guide/delegate, or another responsible person fills in a complaint protocol with the customer. The customer is obligated to provide the necessary assistance to the complaint.
Ingtours takes no responsibility for services on events that are not part the travel and that the customer booked by the guide at the hotel or at a different organization.
In case of circumstances which action or results are not related to Ingtours activities (see major) or any circumstances that don't allow the customer to fully use ordered and paid for services secured by Ingtours the customer is not entitled to reimbursement or reduction of the price of these services, unless agreed otherwise.
If the travel is cancelled due to the majeure force Ingtours is obligated to take all measures to transport the customer back.
Ingtours is not liable for any damage caused by:
Ingtours Liability Insurance
Ingtours concluded an insurance contract with Generali Insurance Co. Based on this agreement in case Ingtours is insolvent, the customer is entitled compensation:
a) Ingtours fails to refund the deposit or travel price if the travel was not executed.
b) Ingtours fails to refund the difference between the price paid and the price of the travel in case only only part of the travel was executed.
Ingtours is obliged to give the customer proof of insurance together with travel contract or travel confirmation. Including insurance company, insurance conditions and method of claim. This document is only valid in conjunction with proof of payment of the travel price / deposit.
Customer claims to Ingtours as a result of non-compliance with the travel Contract are transferred to the insurance company, up to the amount of the transactions provided by the insurer.
The price does not include travel insurance.
Customers are recommended to take out travel insurance that may cover such risks (health, injury, luggage, damage liability, travel cancellation etc.)
Customer acknowledges that if he doesn't agree with the processing of personal data for marketing purposes, he loses all rights to bonuses for regular customers listed in the catalogue and future offerings (if the provision of bonuses is tied to personal data processing). The customer is entitled to cancel the processing of personal data at any time with the consequences mentioned above.
These General Terms and Conditions are effective from 20th February 2016 and apply to all holidays and accommodation purchased from that date.
Possible invalidity of individual provisions does not affect the overall validity of the conditions and contracts.
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