General Terms and Conditions of the travel agency and tour operator SLOVAKATION, s.r.o., (hereinafter referred to as „Slovakation“). Slovakation is a business company providing to its clients guiding services, guided travel packages, tailor-made tours, self-guided tours, on the basis of its website (www.slovakation.com) under the conditions specified below (hereinafter referred to as the “Catalogue”). The General Terms and Conditions form an integral part of the Tour Contract (hereinafter referred to as the “Contract”), which SLOVAKATION, s.r.o. concludes with the Client.
The Tour 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. By signing the Contract you hereby confirm that you are aware of the information, and terms and conditions herein, you acknowledge them and accept them consensually.
1. Conclusion of the Tour Contract
The parties to the contract are:
Streženická cesta 1025
020 01 Púchov
Company registered by District Court Trenčín
Section: Sro, insert Nr.: 33389/R
Organization Identification Number: 50 382 454
VAT Number: SK 2120 323 777
the client, either physical or a legal person (hereinafter referred to as “Client”), who has concluded a travel contract in writing or in another appropriate form in the manner specified in these General Terms and Conditions. In relation to other persons mentioned in the Contract who have not concluded this travel contract in writing or in any other appropriate form, the person who has concluded a travel contract in writing or in another appropriate form confirms that it is duly authorized to do so by written or other appropriate means so that these persons also have the status of the Client, otherwise Slovakation is entitled to require from the person who concluded the travel contract in written or other appropriate form to fulfill all the obligations arising from the travel contract, general business conditions and the law; or to fully compensate the damage caused to Slovakation.
The Contract has a written form or other appropriate form. Another suitable form is, inter alia, filling of the “Tour Contract” (Application) on the website www.slovakation.com (referred to as “Catalogue”) by the Client. The Contract is executed electronically on the basis of a properly and correctly filled-in “Tour Contract” (application) on the website www.slovakation.com (referred to as “Catalogue”), by granting consent to these Terms & Conditions, which form an internal part of the Contract, by submitting of the filled booking tour application (Tour contract) in electronic form and its subsequent electronic acceptance (confirmation) by Slovakation. By such electronic transmission of application to Slovakation by the Client and by subsequent acceptance (acknowledgment) of Slovakation, the Contract is deemed to be closed and valid.
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, by a credit/debit card or using Pay Pal online payment method. The payment by card shall be settled with the Client in EUR. Slovakation 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 Slovakation.
Slovakation 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.
Slovakation 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 Slovakation 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 Slovakation to provide all the information related to the services agreed and paid on the basis of the contract,
– inform about the change of a person participating in the tour not later than 14 days before the tour start,
– claim shortcomings and their settlement in accordance with these terms and conditions,
– withdraw from the tour contract in accordance with these terms and conditions without giving any reason.
4. The Client is obliged to:
– provide to Slovakation 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 country,
– secure the visa for the Slovak Republic and the countries to be visited during the tour in the home country,
– to inform Slovakation without any delay, within the dates specified by Slovakation, 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 service suppliers of Slovakation,
– 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 specified time.
5. Slovakation 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.
6. Slovakation 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 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.
Slovakation 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. Slovakation 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.
Slovakation shall not be held responsible for the tour shortcoming which cannot be influenced by Slovakation, 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.
Slovakation 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.
Slovakation 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.
Slovakation shall not be held responsible 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.
Slovakation shall not be held responsible for damages which were not caused by Slovakation or its service suppliers, but were caused by the Client, or by a third person not related to the tour provision, or by the event which could not prevented even with the application of the maximum effort, or for damages caused by unusual or unforeseeable circumstances.
8. Claims and Complaints
The Client should report all complaints related to the provision of services on the telephone number of Slovakation from abroad + 421 902 200 035 from Slovakia 0902 200 035 as soon as possible.
Following that Slovakation shall initiate the complaint proceedings, Slovakation 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. Slovakation shall inform the Client about the claim resolution within 30 days from the delivery of the claim. In case of substantiated claim Slovakation shall refund to the Client the difference between the provided and agreed services. Slovakation shall not refund any of the Client’s expenditures caused by the Client’s failure as long as they were not approved by Slovakation in advance.
Slovakation shall not be held responsible for travel medical insurance of the Client (the tour participant) and for an eventual loss of the luggage during the tour.
Slovakation recommends its Clients to secure the relevant insurance before the departure from their country.
10. Personal Data Protection
The Clients are aware of the fact that Slovakation shall save the basic personal data about the Client in its database and may use them for marketing purposes.
Slovakation 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 Slovakation information on the personal data saved by Slovakation about the Client and ask for their deletion or change if they are not correct, or if they were acquired illegally.
11. Changes in Terms and Conditions and the Contract Termination
Slovakation 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 because of the relevant change notification. Slovakation shall lose its title to adjust the prices if it fails to inform the Client about the relevant changes on time.
If the Client withdraws from this Contract on grounds which are not attributable to Slovakation, then the Client shall pay the cancellation fee in the amount of:
20% of the total tour price if the Contract is cancelled more than 61 days before the tour,
30% of the total tour price if the Contract is cancelled btw 60 to 51 days before the tour,
50% of the total tour price if the Contract is cancelled btw 51 to 41 days before the tour,
80% of the total tour price if the Contract is cancelled btw 40 to 31 days before the tour,
100% of the total tour price if the Contract is cancelled less than 30 days before the tour.
Slovakation may withdraw from this Contract on the following grounds:
– force majeure, i.e. those grounds which cannot by influenced by the company, such as natural disasters, wars and other similar conflicts etc
If Slovakation withdraws from the Contract, Slovakation 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.
12. Closing Provisions
These general conditions of the contract of Slovakation are valid for participation on all tours carried out after 1st August 2016 and are a part of the Tour Contract, unless a different scope mutual rights and obligations is agreed or specified by Slovakation 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 Slovakation on its website 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 Slovakation 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 Slovakation, and approves that the personal data of all persons included in the application are also processed.
All relations between Slovakation 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 Slovakation.
All information on the website is subject to change.
SLOVAKATION, s.r.o. reserves the right to alter/change/correct mistakes that may possibly appear on the website or published price lists.
Wrote in Puchov on 1st August, 2016
Last Check on 30th October 2016