GENERAL SALES CONDITIONS AND CONDITIONS OF PARTICIPATION IN ORGANIZED AND INDIVIDUAL ROUTES PROVIDED BY FRACTAL Inc.
FRACTAL Inc., travel agency, based at Vinohradská 1597/174, zip code 130 00 Prague 3, CIN 63979578, VATIN CZ63979578 provides services of food, accommodation and transportation, including additional services. Organization of standard trips,as well as custom journeys tailored to your needs. These conditions apply for all organized trips, accomodation and services provided by travel agency Fractal Inc. The customer acknowledges, that the travel agency from which he is buying services, is either organizer of the tour or a commissioned agent of another company. In case TA FRACTAL Inc. is the commissioned agent of the ordered services, it will share this information with the customer.
Establishment of contractual relationships
Contractual relationship between customer and TA FRACTAL Inc. is created:
a) Writing a travel contract on ordered event
b) Client makes order
c) Order through e-shop SMARTTERMINAL on web site: http://smart.fractal.cz
Content of the contract is decided by written offer, and according to confirmed reservation, additional offers, these terms and claims. Client will receive from the organizer written documents, at the conclusion of the contract or immediately after conclusion of the contract (confirmation of the trip), including documents of our insurance.
Price of organized trip and its payment
Price guaranty of travel agency FRACTAL Inc. – prices of organized trips were calculated based on exchange rates in effect 30 days before the current price list was issued. The travel agency FRACTAL Inc. has mechanisms which dampen the impact of fluctuations of individual currencies on the prices of travel services, and is able, from its own resources and on the basis of high acconatations abroad, to absorb up to 10% decline of the Czech crown according to the current catalogue prices, without changing the price of organized tours. In case the decline of Czech crown is higher, the travel agency FRACTAL Inc. would be forced to end validation of the price list, and issue a new one, calculated based on the new rates. The New prices would in this case concern all the clients who paid only deposit, but not additional payment for organized trip (travel services), and new reservations. The clients, who have already paid full price for services when the price list was published, which was adjusted based on the exchange rate changes, we guarantee that they shall receive the original written price.
Prices of services and organized trips are the prices agreed on between travel agency and the customer. Prices of TA FRACTAL Inc. are including VAT, if not mention otherwise. Vat items are charged after completion of every trip according to individual rates. The customer must pay the full price of the trips before it begins. The customer must pay for the services before use, by bank transfer or in cash. In case of non-compliance with the above-mentioned payment terms, TA FRACTAL Inc. has the right to cancel all obligations towards the customer.
Change of the price
In travel contract is possible to make an agreement, that travel agency has a right, by unilateral act to increase the price of travel services, in case the method of calculation price is specified. The price of the trip mentioned in travel contract, cannot be raised by unilateral act during the 21 days before the trip starts. Price of travel service can be increased in case, the price increases:
a) For transportation including the fuel
b) Payment connected with transportation, e.g. airport and port fee, which are included in price of the organize trip
c) Exchange rate of the Czech crown used to determine the travel price on average more than 10%, in case this change occurs 21 days before the trip begins
Written notification of the price increase has to be sent to the customer 21 days before the trip begins.
About these price changes:
a) Travel agency is obligated to immediately inform the customer
b) When the price for the services has been increased up to 10%, the customer is obligated to pay the difference at latest on the day of departure
c) If the price will exceed the 10% of the original price, the customer has a right to withdraw from the concluded contract in writing, if the customer fails to do that in stipulated period, he is obligated to pay increased price for services of the ordered trip
Airport taxes of airlines are not included in the basic price of organize trip, but they are a compulsory fee to the price of air ticket, which are part of the flight package. The price list always mentions applicable taxes on the date of issue of the ordered price list/confirmation. Prices of the airport tax rates can be different during the year, they change based on the movement of oil prices and development of the world currencies.
The amount of the tax is precisely determined at the moment of the ticket issuance at individual airlines. According to movements of these tax TA FRACTAL is authorized to charge this tax to the client before their departure.
Customers’ rights and obligations
a) Requires of receiving ordered and paid services in contact range and quality
b) Exercise his rights at the travel agency without unnecessary delays, if the travel agency will not fulfil its obligations properly as mentioned in the travel contract and in time, but no later than in 3 months from end of the trip or in case the trip has not taken place, from the day, when the trip was supposed to end according to the travel contract, otherwise the rights expire
c) If conclusion of travel contract is mediated by other travel office or travel agency, the time limit is preserved according to the previous paragraph, even in case customer did it properly and in a time manner at mediated travel office or travel agency
d) To be informed about eventual changes in program, scope of services and price of the trip, or if canceled at least 7 days before the event starts
e) Before the trip begins to be able to withdraw from the contract whenever, assuming that the cancelation conditions are met
f) And other rights which result from each individually concluded contract between TA FRACTAL Inc. and customer
a) Secure a valid visa (if needed) and valid travel documents
b) Provide the TA with necessary cooperation and necessary documents, conclude travel contract with TA FRACTAL Inc.
c) Arrive on time to the place of departures and during trip follow the instructions of TA FRACTAL Inc. employee
d) In case of cancellation of the trip and the ordered individual services, to pay contractual penalty.
e) And other obligations which results from each individually concluded contract between TA FRACTAL Inc. and customer
Travel agency rights and obligations
Travel agency has the right:
a) For reasons beyond his control (political situation, climatic phenomena/ earthquake, snow calamities/, changes at service providers, an insufficient number of customers/min. number for bus trips is 36 people, for flight trips 10 people, if not establish otherwise) to cancel the trip, change date of trip, price, program, etc., without penalty toward customer
b) In case of serious violation of Czech legislation or visited country, in case of serious violations of the program or during the trip by the customer, to expel the customer through the representative of that customer from the trip without right of refund the unused services
c) To not provide financial compensation, in case the customer does not uses the services due to his own fault
d) And other obligations which results from each individually concluded contract between TA FRACTAL Inc. and customer
Travel agency obligations:
a) Provide the customer with basic information’s about the trip (service)
b) Issue voucher with mentioned paid services
c) Provide direction for the journey, at least 7 day before the trip (time of departure and arrival, program, type of transportation and accommodation, necessary travel documents, way and scope of meals)
d) Inform the customer in written form in case of changes of the program, range of services and prices of the trip
e) To provide the name, address and phone number of a person, which the customer can contact to ask for help in case of need during the trip
f) Inform concerning the possibility to creating insurance to cover the cost to the costumer in connection with withdrawing from the travel contract, in case the insurance is not included in the price of the trip
g) Provide during the trip the negotiated services which are mentioned in the voucher
h) Provide adequate compensation, e.g. financial matter to be closed 30 days after the trip ends in case the negotiated services cannot be used
g) And other obligations which results from each individually concluded contract between TA FRACTAL Inc. and customer
Changes in agreed services and their legal consequences, cancelation of the trip
Changing the terms of the contract
If travel agency has to change the terms of contract before the trip begins because of objective reasons, it can suggest change of the travel contract to the customer. If the suggested change of travel contract leads to change of price, then the price has to be mention in the new offer.
If the travel agency suggest the change in the travel contract the customer has a right to decide, if he will agree with the change of travel contract or if he will withdraw from the contract. In case the customer will not withdraw from the contract in the time limit which is settled by the travel office, which cannot be shorter than 5 days from the day of receiving the suggestion of any change to the travel contract, it will be taken that he agrees with the change.
TA FRACTAL Inc. is not responsible for any possible delay and points out the possibility of occurrence because of technical reasons, due to unfavourable weather conditions, or due to congestion of air corridors. The passenger has to keep this in mind when planning connections, vacation, business dates, and etc. take into consideration the possibility of significant delay. TA FRACTAL Inc. is not responsible for damages that may arise as result of delay. In case of any delay passenger has not got the right to withdraw from the contract.
Changes of timetable
Travel agency reserves the right to change material and time schedule due to force majeure, due to the decision of the state authorities or extraordinary circumstances (uncertainty of security situation, strikes, transport problems, misfortunes, weather and other circumstances that TA FRACTAL could not have influenced or predicted). In these cases, the customer is not entitled to receive a discount from the price of the trip/service, or to withdraw from the contract. During sightseeing tours, please note that there are some restrictions of visiting historical, religious and other landmarks in days of state and religious holidays or celebrations in the place of stay.
Cancelation of trip/service by travel agency FRACTAL Inc.
If the travel agency cancels the trip less than 20 days before the trip starts, they are obligated to pay the customer a fine of 10% of the trip price. The customers’ right to receive compensation is not affected. The travel agency can be released from liability for damages or obligation to pay fine, if it can prove that the trip was cancelled due to the fact that the fulfillment of the trip was deoebdent on minimum number of customers or as a result of unavoidable events, that the travel agency could not prevent.
Withdrawing from the contract, contractual fine
If there is not a reason for customer to withdraw from the contract for violation of obligations of the travel agency establishment or if the travel agency will withdraw from travel contract before starting the journey, because of breach of obligations by the customer, the customer has to pay the travel agency a contractual fine and the travel agency is obligated to return to the customer all that they received from him to pay the price for the trip according to cancelled travel contract.
In order to withdraw from attending a trip – the written notification (registered letter, data box or written record between the travel agent and the customer) is always needed. Cancellation of contract occurs when the travel agency takes over the document. If the customer withdraws from the contract because of changes of important conditions in the contract, from the side of travel agency, or for some reason other than which is caused by the customer, he has the right to demand from the travel agency on basis of the new contract to be provided with a new trip in at least same quality, corresponding to the original travel contract, in case a travel agency can offer this kind of trip. If the price of the new travel services is lower, then the travel agency is obligated to return the difference without undue delay. The customer has a right to cancel his participation/route at any time from the order of the travel services and is obligated to pay a contractual fine. In case of any cancellation, there is to be paid handling fee amount of 2000,- CZK/person + 21% VAT.
Furthermore, the customer is obliged to pay severance payments in the amount of: 25% of the price of the trip/service in case the customer will withdraw from the contract 30. to 19. working day before the departure/start of services. 75% of the price of the trip/service in case the customer will withdraw from the contract 18. to 11. working day before the departure/start of services. 90% of the price of the trip/service in case the customer will withdraw from the contract 10. to 6. working day before the departure/start of services. 100% of the price of the trip/service in case the customer will withdraw from the contract 5. to 1. working days before the departure/start of services
Reclamation, liability for damage
In case that range or quality of provided serves is lower, than was previously confirmed in the travel contract, the customer has the right to file a refund claim. The refund claim must be made by the customer at TA FRACTAL Inc. or at mediated travel office or agency without unnecessary delays, but no later than 1 month, from the date that the services ended, or where supposed to end. After the expiration of this period, the customer may make the claim only if the non-observance of this period was beyond his control, but no later than one month after the date when the route was supposed to end; otherwise, the right to make a refund claim is terminated. In case of problems iencountered during the trip the customer is obligated to act in such a way as to avoid any possible damage or to minimize it. It is generelly appropriate for the customer to communicate all his complaints immediately at the spot of their discovery to the guide – escort from TA FRACTAL Inc., to a manager of the facility or to another responsible person, so that an immediate remedy can be made on the spot and the threat of damage was thus averted or minimized. In case of refund claim, the claim report must be written on the location. If the customer does not provide sufficient co-operation during remedying and reversing the damage, or fails to notify anyone concerning problems when and where they occure, hisd potential claim from the refund claim may be reasonably reduced or even rejectedm especially if it was possible that the problems could have been remedied immediately.
The customer is required to provide the cooperation necessary needed to settle the claim. The travel agency is not responsible for the level of the foreign services, for events ordered on site by the customer through a guide, hotel, or other organization. Damages and property damage which were incurred to the customer, which are subjects of the contractual arrangement of the insurance coverage based on insurance contract about travel insurance for traveling and residence, even such damages and property damages, which are excluded from the insurance coverage, are not considered to be the subject of the claim process. If the circumstances, whose creation, process and consequences are not dependent on the activity and procedure of TA FRACTAL Inc. or on the circumstances on the side of customer, on the basis that the customer will not fully use the ordered, paid and by travel agency secured services, due to that the customer is not entitled to a refund or to receive discount on the cost of these services.
If permitted by the international contract, which the Czech Republic is bounded by, limitations of the amount of compensation for damages caused by breach of the obligations under the contract on the organized trip, the organizer pays damage only to the extent of the limit, if it will be in the contract. That does not count in cases when the damage was made on purpose or from gross negligence. The amount of damage for the commitments in travel contact, related to airline transport, is governed by the provisions of the international agreements concluded in Warsaw, The Hague and Guadalajara and, in the case of flights to the USA and Canada, by the Montreal agreement.
Travel agency is not responsible for damage in case it was caused by a customer, third person, someone who is not connected with providing an organised route, or an unavoidable event that could not be avoided with using all the effort that might be required.
Travel agency FRACTAL Inc. is obligated during all its operation according to the relevant provisions of law n.159/99 Sb. insurance contract is concluded (this contract is concluded at ERV European Insurance Company Ltd. Křižíkova 237/36a, CZ – 186 00 Prague 8) on these bases the customer has right to perform in cases, where TA due to it bankruptcy:
a) If it will not issue transport for the customer from the place of stay aboard to the Czech Republic, in case the transport is part of it
b) Will not return to the customer the paid deposit or cost of travel services in case the trip will not take place
c) Will not return to the customer the difference between paid price and cost of partially provided services in case the route will take partial place
The Customers’ claims against the travel agency due to an unfulfilling travel contract are passed on to the insurance company up to the amount covered by the insurance.
Participants’ of organized group routes have insurance at ERV Europe Insurance Company Ltd., which includes medical expenses, accident, luggage insurance and liability for damage. Individual routes are not covered by insurance; travel agency offers insurance of expenses and other risks aboard as an optional service. Travel agency is authorized by contract as a sales representative of insurance to sale insurance only with in the Czech Republic. Liquidation of insurance cases is carried out by the insurance client with liquidation department of the insurance company.
Above mention conditions are filed at ERV Europe Insurance Company Ltd.
Customer consent to the processing of his personal information
I agree that my personal data including birth number to be mentioned in the purchase contract, order or electronic order was processed by travel agency FRACTAL Inc., located at Vinohradská 1597/174, 130 00 Prague 3, according to the law n. 101/2000 Sb. I agree to this until written appeal. The given information is only available to employees of travel agency FRACTAL Inc., and to other people who are competent with providing the services that the travel agency FRACTAL Inc. offers and provides.
General information obligation for out-of-court settlement of consumer disputes, according to§ 14 paragraph (1) law n. 634/1992 Sb., about customer protection: In case, if between us and the consumer will be created a consumer dispute from the purchase contract or from the service contract, which will not be possible to resolve by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such a dispute designed for subject of non-judicial solutions for consumer disputes, which is the Czech trade inspection, Central inspectorate – department ADR, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz.
For the travel agency FRACTAL Inc.
Ing. Jarmila Bergerova, MBA, director of the travel agency
General sales conditions are available on the web site of travel agency FRACTAL Inc., at the same time they are annexed to the contract or confirmed order.