General terms and conditions for guided tours and other tourist services
These general terms and conditions govern the relationships between provider and customer in provision of guided tours and other tourist services, unless agreed otherwise.
1. Definition of terms
Provider:
David Komarek, Nad Závěrkou 771/12, Praha 6, Czechia, business ID: 69043558, tax ID: CZ7703220382,
e-mail: info@praguebydavid.com, phone: +420 602 226 545
Customer:
A customer is an entity who entered into a guided tour or other tourist service contract with the provider.
Guide tour:
A guided tour refers to the services of a guide including inherent transport services.
Other tourist services:
Other tourist services include each individual tourist services with the exception of the guided tour, and the combinations of the tourist services neither being a tour nor associated with the tourist service.
2. Formation of the Contract
1. The provider organizes guided tours and other tourist services (hereinafter referred to as “Services”).
2. The Service Provision Contract (hereinafter referred to as “Contract”) is concluded:
▪ for bids available from the Provider’s website effective upon completion of the online reservation process. The Provider shall confirm conclusion of the Contract by sending a note to the Customer’s contact e-mail address;
▪ for tailored bids, a specific bid shall be arranged by the Provider based on the Customer’s demand to be sent to the Customer’s contact e-mail address, and the Contract is concluded at the moment of clear expression of the Customer’s willingness to consume the services quoted by the Provider.
3. Price of the Services and payment terms and conditions
1. The price of a service in CZK is available from the website. The services are free for children under 2; a child price applies to children under 10. Final price including VAT, discounts or surcharges is displayed to the Customer in the course of the online reservation process before the Contract is concluded. In the course of the reservation process, the Customer may opt for some of the available payment methods.
2. Regarding the tailored bids, the Provider shall inform the Customer about final price of the services under the quotation sent to the Customer’s contact e-mail address. Unless agreed otherwise, an proforma invoice shall be sent by the Provider to the Customer upon conclusion of the Contract. The invoice is due within 14 days of delivery thereof to the Customer. Final invoice shall be sent to the Customer upon provision of the Service.
3. For international wire transfer, the price of the Service shall be regarded as paid only after crediting the whole sum to the Provider’s bank account. The Customer shall configure parameters of the wire transfer not to reduce the amount being transferred during the transfer. Upon request, the Provider shall inform the Customer about the amount due denominated in currency selected by the Customer. Identical rules of payment apply to the Provider as well.
4. Properties of the ServicesUnless agreed otherwise, the following rules apply to the Services:
1. Picking up at reception or concierge of most 3*, 4*, and 5* hotels in Prague (with the exception of the hotels at Prague Airport) is for free for some tours.
2. Picking up at a hotel is not a part of some tours and not included in duration of the tour.
3. Time and place agreed must be respected. Missed pick up due to breach of the picking up conditions creates no ground for return of money.
4. Tour leave time is not equal to the Customer’s hotel pick up time.
5. The specified pick up time at hotel depends on traffic situation in Prague and location of the hotel. Potential delay in picking up at hotel creates no ground for any refund.
6. The Customers accommodated at walking distance from the point of leave shall be picked up at hotel by the Provider’s employee to accompany the Customers to the point of leave on foot.
7. Return back to hotel (with the exception of the hotels at Prague Airport) is for free for some night tours and all-day-long tours (tours 8, 9, 10, 14, and 19). All special requests for transport back to the place of accommodation must be raised before the tour starts.
8. The tours end in the centre of Prague.
9. All tours are guaranteed in English; additional languages (German, French, Russian, Italian, and Spanish) are available upon request.
10. The presentations for all sightseeing tours, cruises, and trips with a live guide are always bilingual (with the exception of monolingual tour T4).
5. Cancellation terms and conditions
1. The Customer may withdraw from the Contract without being obliged to pay the cancellation fee not earlier than 24 hours before the Service starts. Should the Customer withdraw from the Contract, the Provider shall refund the money without undue delay, however, not later than 14 days of the withdrawal.
2. Any later withdrawal creates the ground for charging 100% of the price of the Service.
3. Should the Customer do not withdraw from the Service but do not consume the ordered Services at time agreed, this situation shall be regarded as cancellation of the Service at the moment of planned start, and 100% of the price of the Service is charged.
6. Change to and cancellation of provision of the Service
1. Changes to the programme and prices of the Services due to unforeseen changes to opening hours of visited buildings or traffic jams are reserved.
2. Should no service may be provided, in particular due to force majeure event, the Provider shall cancel provision of the Service, inform the Customer immediately thereof, and return the sum already paid in full not later than 14 days of cancellation.
3. Similarly procedure applies in case the Customer paid for the Service before confirmation thereof by the Provider, and no Service was provided.
7. Assignment of rights and obligationsThe Provider shall have right to assign rights and obligations resulting from the contractual relationship to a third party.
8. Obligations of the Customer
1. The Customer shall not separate from the group throughout provision of the Service and obey instructions of the guide. Separation from the group and suspension of use of the Service is not the reason for refunds.
2. The Customer must make his/her best to avoid forgetting his/her belongings in buses, on ships, or in visited buildings. The Provider accepts no liability for these belongings.
3.
9. Rules for complaints
1. Should a service be defective, the Customer must submit a complaint to the Provider without undue delay, best immediately after completion of use of the Services in the presence of the guide and Provider’s representative at the cash office.
2. The Provider shall confirm receipt of the complaint to the Customer. The Provider shall decide the legitimacy of the complaint and claims of the Customer without undue delay, not later than 30 days, and sends their decision to the Customer’s contact e-mail address.
3. The personal data protection
▪ The Customer is aware that the Provider shall have right for the purposes of performance of the Contract and as required by law for processing of Customer’s the personal data, in particular to the following extent: first name, family name, date of birth, passport data to the extent of the Contract (photocopy of the passport in case of provision of specific services), bank details, residential address, or other contact address, e-mail address, phone, flight number, PNR code of flight’s reservation, data about allergies, medicines, and other health ailments.
▪ The Customer acknowledges that the Provider shall process his/her the personal data to the extent of first name, family name, residential address, phone number, and e-mail address in order to distribute business information. The Provider may send the business information by SMS, MMS, e-mail, mail, or phone. The Customer may object sending of the business information at any time either at the Provider’s address or sending e-mail to the following e-mail address: info@prgauebydavid.com
▪ The provisions above shall apply appropriately to relationships with persons in favour of which the Customer entered the Contract (fellow travellers). The Customer declares by signing of the Contract that he/she has right to grant the consents on behalf of the fellow travellers based on either contractual or other representation.
▪ The Customer acknowledges that he/she has the following rights as a data entity:
▪ Require the Provider to grant access to the personal data related to his/her personality, its rectification or erasure, or limitation of processing of his/her personal data, submit objections against processing of the personal data, as well as the right for portability of data.
▪ Require that the Provider limit processing of his/her the personal data if:
I. the Customer negates accuracy of his/her the personal data for the term required for the controller to check accuracy of his/her the personal data;
II. processing of his/her the personal data is illegal, but does not require erasure of the personal data but limitation of use thereof;
III. the Provider no longer needs the personal data for the purposes of the processing, but the Customer require the data for the establishment, exercise or defence of legal claims; or
IV. the Customer submitted an objection against processing of his/her the personal data, and until and when it is verified whether the justified reasons of the Provider prevail over those of the Customer. If processing of the personal data was limited, the Customer’s data may be processed based on his/her consent only, with the exception of storing.
▪ The right to submit a complaint to a supervisory body, which is the Office for The personal data Protection.
▪ To get a confirmation at any time from the Provider that his/her the personal data is processed, and if so, the provider shall provide the following information upon request, and provide a copy of the personal data being processed:
I. purposes of the processing;
II. category of the personal data being processed;
III. receivers or category of receivers to whom the personal data was or will be made accessible;
IV. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
V. the existence of the right to request from the controller rectification or erasure of the personal data related to the Customer or restriction of processing of the personal data concerning the data subject, and to object to such processing,
VI. the right to lodge a complaint with a supervisory authority;
VII. the existence of automated decision-making, including profiling.
▪ To get his/her the personal data being processed by the Provider in a structured, commonly used and machine readable format, and transmit the same to other controller of the personal data, if
I. processing of the Customer’s the personal data is based on a consent with processing of the personal data; or
II. the processing is carried out by automated means. If possible, the Provider shall transmit the Customer’s the personal data to another controller.
10. Final provisions
1. Matters not stipulated explicitly herein shall be governed by the Czech laws, in particular applicable provisions of Act No. 89/2012 Coll., as amended.
2. Any disputes resulting from the Contract may be settled by the Customer in an extrajudicial manner through Česká obchodní inspekce, registered office Štěpánská 567/15, 120 00 Praha 2, www.coi.cz.
3. The Customer may use an online platform for the dispute. For more information about terms and conditions for online settlement of dispute, please refer to http://ec.europa.eu/odr.
4. Czech laws and relevant competent Czech courts are the courts of the jurisdiction.
5. Czech version shall prevail in case of differences between language versions of these terms and conditions.
The present general terms and conditions shall be valid and effective for contracts concluded after 30th March 2023.
