Terms & Conditions of the Travel Agency Alltraining s.r.o.


I. PREAMBULE

  1. The Travel Agency Alltraining s.r.o. travel agency is operated by Alltraining s.r.o., and is based in Prague 8 – Kobylisy, U Nádrže 618/2, post code 182 00, and registered in the Commercial Register maintained by the Municipal Court in Prague, insert C 171996 (hereinafter CK Alltraining s.r.o.). These Terms & Conditions (hereinafter the Terms & Conditions) are an essential part of the Camp Contract (hereinafter the Contract) concluded between CK Alltraining s.r.o. and the client based on which the client can attend a camp and use the services provided by CK Alltraining s.r.o.
  2. CK Alltraining s.r.o. operated by Alltraining s.r.o. is a standard travel agency, and is authorized to organize camps and tours. It has insurance against insolvency arranged with ERV Evropská pojišťovna, a.s.

II. SUBJECT OF THESE TERMS & CONDITIONS

  1. The subject of these Terms & Conditions is the legal regulation of the facts based on the Contract concluded between CK Alltraining s.r.o. as the camp organizer, and the client as participant at the camp.
  2. If the terms and conditions agreed in the Contract differ from these Terms & Conditions, the terms and conditions stated in the Contract will take precedence.
  3. Legal relations not specified in the Contract or in these Terms & Conditions are governed by Act No 89/2012, the Civil Code, as amended (hereinafter the Civil Code), and Act No 159/1999, on certain conditions of tourism.

III. CONCLUSION OF THE CONTRACT

  1. The Contract includes the data stated in Section 2527 of the Civil Code, especially the specification of both contracting parties, a specification of the camp, the start and end dates of the camp, a specification of all the services included in the camp price, the venue and duration of the services, the price including the payment schedule, and the amounts of individual payments, or other payments not included in the overall cost. The client is fully liable for the accuracy of all the information they state in the Contract.
  2. The client is entitled to attend a camp only if the camp price has been paid in full in accordance with the conditions stated in these Terms & Conditions and in the relevant Contract.
  3. The client who concludes the Contract (the ordering party) is also liable for the obligations of any other registered people in the Contract being met.
  4. Accommodation specifications such as the location, category, facilities and its main characteristics, e.g. type of transport, travel data, and the form and extent of catering, depend on the offer of CK Alltraining s.r.o. If such data are not to be found in the brochures or other material of CK Alltraining s.r.o., they will be specified in the Contract.

IV. CAMP PRICE

  1. The camp price corresponds with the offer on https://www.mallorcacyclingcenter.com/ or is stated in the printed brochure published by CK Alltraining s.r.o., or in other offers made by CK Alltraining s.r.o. If the prices of the camps published on https://www.mallorcacyclingcenter.com/ and other price offers differ, either the price quoted on https://www.mallorcacyclingcenter.com/ or that quoted in the Contract is valid.
  2. The camp price covers the services specified for each camp individually in the offer made by TA Altraining.cz or the services explicitly specified in the Contract.
    • )The price of a foreign camp is divided in two payments. The first payment covers 60% of the full price and is payable within 7 days after the Contract has been signed. The second payment covers the price difference and is payable no later than 3 months prior to the start of the camp.
    • ) The price of a domestic camp is divided in two payments. The first payment covers 60% of the full price and is payable within 7 days after the Contract has been signed. The second payment covers the price difference and is payable no later than 1 month prior to the start of the camp.
  3. If the Contract is signed later than 3 months prior to the start of a foreign camp or 1 month prior to the start of a domestic camp, the full price is payable in a single payment within 2 days after the Contract is signed. However, the full camp price must always be fully paid to the bank account of CK Alltraining s.r.o. prior to the start of the camp. If the camp price has not been settled by the day prior to the start of the camp, the client will be considered to have withdrawn from the Contract, and CK Alltraining s.r.o. is entitled to seek compensation (cancelation fee) of 100% of the full camp price (Terms & Conditions, Article IX(4)(c). The client shall pay the full compensation to CK Alltraining s.r.o.
  4. The client shall pay the instalments of the camp price in cash at the premises of CK Alltraining s.r.o., or via bank transfer to the bank account of CK Alltraining s.r.o. stated in the Contract. The client is fully responsible for the timely and proper payment of the instalments. In the event of payment by bank transfer (deposit or balance), the payment is not considered settled until the whole amount is credited onto the bank account of CK Alltraining s.r.o.
  5. CK Alltraining s.r.o. is entitled to amend the method and terms and conditions of payment for a camp provided that such amendment is quoted in the Contract or the client is notified in writing about the amendment in advance.
  6. If the deposit and/or balance or the full camp price has not been settled in full by the due date, CK Alltraining s.r.o. is entitled to withdraw from the Contract. CK Alltraining s.r.o. may offer the client extra time to settle the payment(s). If the payment has not been settled two months prior to the start of a foreign camp, or 21 days prior to the start of a domestic camp, the client will be considered to have withdrawn from the Contract, and CK Alltraining s.r.o. is entitled to seek compensation (cancelation fee) of 100% of the full camp price (Terms & Conditions, Article IX(4)(c). The client shall pay the full compensation to CK Alltraining s.r.o.

V. CAMP PRICE ADJUSTMENT

  1. CK Alltraining s.r.o. is entitled to raise the camp price under the conditions stated in this Article.
  2. In accordance with Section 2530 of the Civil Code, it is possible to raise the camp price if the CZK exchange rate has risen (the Czech crown falls in value) by on average more than 10% in comparison with the value it had on the day the camp price offer was made by CK Alltraining s.r.o.. Such exchange rate is understood the exchange rate between the Czech crown and the currency of the state where the camp will be run. The price will be raised by the same amount as the growth of the exchange rate between the day the camp price offer was made and the day the decision to raise the price was taken.
  3. A written price adjustment notification must be sent to the client no later than 20 days prior to the start of the camp.
  4. For the same reason that CK Alltraining s.r.o. is entitled to raise the camp price, CK Alltraining s.r.o. shall also lower the camp price if the CZK exchange rate used to set the camp price falls (the Czech crown grows in value) by on average more than 10% in comparison to the day on which the price offer was made.

VI. THE CLIENT’S RIGHTS AND OBLIGATIONS

  1. The client is entitled:
    • to require all the services included in the program of the specific camp.
    • to be informed about possible change to the date, program, range, and quality of services, and the camp price.
  2. Before the start of a camp, the client may inform CK Alltraining s.r.o. in writing that somebody else will attend the camp instead of them. The replacement person becomes the new client on the date the written announcement is delivered. Such announcement must include the Contract signed by the new client. Both the original client and the new client are responsible for the settlement of the camp price and for paying any extra expenses incurred by CK Alltraining s.r.o. due to the replacement of the original client.
  3. The client is obliged:
    • ) settle the agreed camp price and any other services in accordance with the terms and conditions specified in the Contract and these Terms & Conditions.
    • ) arrange a valid travel document (passport) and, if needed, the relevant visa.
    • ) comply with the passport, customs, health, and other regulations of the destination country. The client bears full responsibility for any consequences due to failure to comply with such regulations.
    • ) comply with instructions from the camp attendants.
    • ) report any problems to a relevant CK Alltraining s.r.o. assistant.
  4. The client shall comply with the terms and conditions determined by the providers of accommodation, catering, transport, and other services the client uses. The client understands that bicycles and other sports equipment are to be kept only in the premises determined for such purpose. Taking bicycles, skis, and other similar sports equipment into hotel rooms is strictly prohibited. If this rule is broken, the client is fully responsible to the operators of the relevant premises in accordance with Section 2913 of the Civil Code.
  5. If the client does not use all the arranged services through no fault of CK Alltraining s.r.o., the client is not entitled to any compensation.

VII. RIGHTS AND OBLIGATIONS OF CK ALLTRAINING S.R.O.

  1. CK Alltraining s.r.o. is entitled to amend the terms and conditions of the Contract before the start of a camp for compelling reasons, including reasons on the part of CK Alltraining s.r.o. CK Alltraining s.r.o. is not obliged to inform the client about the reasons for such amendment to the terms and conditions, except when the result is a rise in the camp price in accordance with Article V of these Terms & Conditions.
  2. If CK Alltraining s.r.o. is prevented from complying with its obligations by any emergency situation CK Alltraining s.r.o. is not able to predict, overcome or avoid (hereinafter the Exceptional Obstacle), then CK Alltraining s.r.o. is not considered to be in default with its contractual liability during such Exceptional Obstacle. Exceptional Obstacles are, in particular, a military conflict, embargo, terrorist action, epidemic, natural disaster, or intervention by a public authority.

    If the amendment to the Contract leads to a price rise, the new price shall be stated in the proposal. If CK Alltraining s.r.o. proposes an amendment to the Contract, the client has the right to consent to the amendment to the Contract or to withdraw from the Contract (no cancellation fee will be applied). If the client does not respond to the Contract amendment proposal or does not withdraw from the Contract, the client will be considered to have accepted the amendment to the Contract. The client has no right to withdraw from the Contract if the subject of the amendment to the Contract is the camp price as stated in Article V of these Terms & Conditions.
  3. Changes not considered to be amendments to the Contract include changes that result in a change to the camp destination, accommodation category (a different hotel with the same category standard****), catering, transport, etc. (for example, the time and place of departure).
  4. CK Alltraining s.r.o. shall arrange all the services included in the camp price. If CK Alltraining s.r.o. is not able to arrange any of the services included in the camp price, an alternative measure will be taken to compensate such services at no extra charge. If the quality or/and scope of the services is/are reduced, the client will be offered compensation relevant to the difference between the original offer and the provided service.
  5. To obtain compensation, a complaint must be made without any unnecessary delay as stated in Article VIII(4) of these Terms & Conditions. Compensation cannot be claimed if the defects are not caused by CK Alltraining s.r.o. or by other service supplier within the relevant camp, or if:
    • ) the defect is caused by the client or the defect was a consequence of actions by the client,
    • ) the defect was caused by a third party with no direct relation to the arranged services,
    • ) the defect or alternation was a consequence of an Exceptional Obstacle, which excludes the obligation of CK Alltraining s.r.o. to meet any demands of the client arising from the defect or alteration.
  6. CK Alltraining s.r.o. only acts as mediator for the arrangement of plane tickets, hence CK Alltraining s.r.o. is not responsible for and will not provide compensation for any changes in flight times/dates or other terms and conditions provided by an airline. If there have been changes to timetables, types and routes of any means of transport, which are not fundamental and over which CK Alltraining s.r.o. has no influence, CK Alltraining s.r.o. is not responsible for any damage caused by such changes.

VIII. COMPLAINTS

  1. The camp is considered to have a defect if any of the tourist services stated in the Contract are not provided.
  2. The client can exercise their rights in relation to any defect in services that were agreed in the Contract to a CK Alltraining s.r.o. representative at the place of provision of the service or at the headquarters or premises of CK Alltraining s.r.o.
  3. In the event of a defect of a camp, the client shall notify it to the CK Alltraining s.r.o. management without any unnecessary delay immediately after the client becomes aware of it, ideally at the place the service is being provided, to arrange immediate remedy.
  4. If there is a defect and the client provided notification of it without any unnecessary delay, the client will have the right to claim a reasonable discount from the camp price depending on the duration of the defect. If the client did not provide notification of the defect within one month after the camp ended through no fault of CK Alltraining s.r.o., a court of law will not grant the client any right to a discount.
  5. In case of an oral submission of the claim, a CK Alltraining s.r.o. representative must issue a claim record as confirmation the claim has been received for further consideration. The claim record must state the personal details of the client, the date the claim was made, the subject of the claim, and the compensation sought. It shall also state the date and how the claim was settled or the reason why it was rejected. The record must be signed by both the CK Alltraining s.r.o. representative and the client, who thereby confirms that they agree with the content of the record.
  6. CK Alltraining s.r.o. shall provide the client with written confirmation stating the date and subject of the claim and the compensation sought. It shall also state the date and the way the claim was settled or the reason why it was rejected.
  7. In the event of a defect of the camp, the client has the right to determine a reasonable deadline for its elimination, unless CK Alltraining s.r.o. refuses to eliminate the defect or immediate remedy is required.
  8. CK Alltraining s.r.o. must eliminate the defect of the camp, unless this is not possible or the remedy would mean incurring unreasonable costs with regard to the scope of the defect and the value of the concerned services. If CK Alltraining s.r.o. does not eliminate the defect of the camp within the given deadline, the client has the right to eliminate the defect themselves and seek compensation for the incurred costs from CK Alltraining s.r.o. In the event of a substantial defect of the camp, the client has the right to withdraw from the Contract without having to pay any cancellation fee.
  9. In the event of substantial defects of the camp, in order to keep the camp running CK Alltraining s.r.o. will offer a suitable alternative solution at no extra expense to the client. If possible, the alternative should be of the same or higher quality as stated in the Contract. If the alternative solution is of lower quality than in the Contract, CK Alltraining s.r.o. shall provide an adequate discount. The client has the right not to accept the alternative solution only if it does not match the standard agreed in the Contract or if the discount is not adequate.
  10. If the client makes a claim, and the necessary examination of the factual and legal elements have been carried out, an authorized CK Alltraining s.r.o. representative shall decide on the complaint immediately or, in more complicated cases, within three business days. This period does not include the time needed for a professional assessment of the defect. The claim, including the elimination of the defect, must be settled within 30 days from the date the client made the claim, unless the client has agreed otherwise.
  11. If the claim is found to be partly or fully justified, the defect of the service must be eliminated free of charge, or the affected service can be substituted if this is possible. If the claim is found to be unjustified, the client will be notified about the reasons for such rejection in writing.

IX. WITHDRAWAL FROM THE CONTRACT

  1. CK Alltraining s.r.o. is entitled to withdraw from the Contract only under circumstances specified in the Contract, these Terms & Conditions, or in generally binding legal regulations.
  2. CK Alltraining s.r.o. is entitled to withdraw from the Contract if an Exceptional Obstacle hinders compliance with its obligations and the client is notified about the cancelation of the camp without any unnecessary delay before the camp starts. In such a case, CK Alltraining s.r.o. shall return all payments made by the client for the camp, but is not obliged to pay any compensation to the client.
  3. The client, excluding in the cases specified in these Terms & Conditions and in generally binding legal regulations, is entitled to withdraw from the Contract in writing any time before the start of the camp without providing a reason. The contractual relationship will terminate and the camp attendance is cancelled on the day the written notice of withdrawal from the Contract (cancellation) is delivered to CK Alltraining s.r.o. The client understands that their withdrawal from the Contract means that CK Alltraining s.r.o. will incur damage in the form of necessary investment to seek another client to replace the original client. If no replacement for the original client is found, the damage will be increased by the compensation for the unused services of contracting partners of CK Alltraining s.r.o. and reasonable lost profit. To compensate such damage, the contracting parties have arranged cancelation fees the client shall pay to CK Alltraining s.r.o. if the client withdraws from the Contract. The same cancelation fee is to be paid by the client to CK Alltraining s.r.o. if CK Alltraining s.r.o. withdraws from the Contract due to the client violating their obligations.
  4. The cancelation fees in accordance with Article 3 are:
    • ) 60% of the full camp price if the client withdraws from the Contract 90 and more days before the first day of the camp,
    • ) 80% of the full camp price if the client withdraws from the Contract between 89 and 15 days before the first day of the camp,
    • ) 100% of the full camp price if the client withdraws from the Contract less than 15 days before the first day of the camp.
  5. If the client withdraws from the Contract after the plane ticket has been purchased, the cancelation fee for transport - which is in the form of a separate payment – shall equal 100% of the price of the plane ticket, no matter the reason or time of withdrawal.
  6. If the client does not attend the camp at the arranged time, if the client does not appear at the arranged place of departure, or if the client violates the passport, customs or foreign exchange rules and is not allowed to cross the state border, such situation is considered the client’s withdrawal from the Contract without giving a reason, and the client shall pay a cancelation fee equal to 100% of the full camp price.

X. PERSONAL DATA PROCESSING

  1. CK Alltraining s.r.o. will process the client’s personal data stated in the Contract, and data the client provides to CK Alltraining s.r.o. to conclude and manage the Contract. CK Alltraining s.r.o. will use these data to comply with its legal obligations, and to send commercial messages to the client, with the client’s consent, or for other purposes to which the client consents.
  2. The processing of personal data is carried out in accordance with 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, and repealing Directive 95/46/EC (General Data Protection Regulation), the relevant Czech legislation, and in accordance with the Principles of Personal Data Processing – Information for Clients and Business Partners published on www.mallorcacyclingcenter.com in the Privacy Policy section where there is a detailed description of how CK Alltraining s.r.o. will handle the client’s personal data and what data is stored, and how the given data will be used and transferred. The Principles of Personal Data Processing also include a list of the client’s rights related to the processing of their personal data, especially the right to information, correction, data erasure, and the right to revoke their consent to the processing of their personal data.
  3. In relation to the personal data processing, CK Alltraining s.r.o. declares that (i) CK Alltraining s.r.o. processes personal data in accordance with legislation, (ii) CK Alltraining s.r.o. assistants authorized to process personal data have a confidentiality obligation or are under a statutory confidentiality obligation, (iii) CK Alltraining s.r.o. takes all necessary technical and organizational measures to ensure the security of the personal data, and (iv) if the security of the personal data has been violated with a risk of damage to a person’s rights and freedoms, CK Alltraining s.r.o. will immediately inform the relevant public authority and the subject whose data have been affected.

XI. CONCLUDING PROVISIONS

  1. If CK Alltraining s.r.o. and the client who is a consumer get into a consumer dispute which cannot be settled through mutual agreement, the consumer can seek out-of-court settlement through the Czech Trade Inspection Authority. Contact: adr@coi.cz, web: adr.coi.cz. A consumer can also contact the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
  2. These Terms & Conditions come into force on 1 September 2020.

Alltraining s.r.o.,
U Nádrže 2/618,
182 00 Prague 8,
Czech republic
company identification number: 24759481,
VAT number: CZ24759481
www.alltraining.cz,
tel: +420 777 871 045,
vojtech.beran@alltraining.cz

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