General Business Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1 These General Business Terms and Conditions (hereinafter referred to as GBTC) govern the rights and obligations of customers (hereinafter referred to as the “Customer”) and of ASIANA, spol. s r. o. (hereinafter referred to as “ASIANA”), a corporation with ID No. 49704362, having its registered office in Prague 6, Velflíkova 8, post code 160 00, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 22489. ASIANA operates on the Czech market as a travel agency and tour operator, carrying out its business primarily through the following websites: www.letuska.cz, www.asiana.cz, www.ckasiana.cz, www.study.cz, www.viza.cz, www.airmeti.sk, and www.superletuska.cz. Unless these GBTC explicitly state otherwise, the terms and conditions shall apply to the marketing and sale of travel services and packages under the following trademarks: Letuska.cz, CK ASIANA, Study.cz, and ASIANA, spol. s r. o. In the event of a change in the GBTC to which a Customer does not agree, the Customer shall be entitled to terminate his agreement with ASIANA in writing, within one month of the publication of a notice of the change in the GBTC on ASIANA’s website, by a registered letter delivered to the address of ASIANA’s registered office. In that case, ASIANA is entitled to compensation for costs incurred in performing the service for the Customer, or to a cancellation fee set for the given agreement. Should the Customer fail to exercise that right, he shall be understood to consent to the amended GBTC, and the contractual relationship shall be governed by the amended GBTC as of the expiration of that period. Changes in any written agreement must be made in writing.
1.2 Customer shall mean an individual or a legal entity that expresses interest in entering into a Package Tour Agreement (or another agreement for services rendered) with or through ASIANA, or a person for whose benefit the agreement has been concluded. For the purpose of these GBTC, a Customer shall also be a person who has sent a non-binding order for a Package Tour or another service in line with Article 2 of these GBTC.
1.3 ASIANA is a broker authorised to sell airline tickets and other related travel services of companies providing Carriage or accommodation, vehicle rental, or other services. ASIANA is authorised to sell airline tickets of carriers which are not members of the International Air Transport Association. An indicative list of carriers can be found on ASIANA’s websites at www.letuska.cz and www.asiana.cz. ASIANA is authorised to receive money from Customers as payment of the price of Carriage and other related travel services.
1.4 Furthermore, ASIANA is an authorised reseller of Package Tours of reputable tour operators (hereinafter referred to as “TO”), with which it has entered into a regular Package Tour sales agreement. All TOs with which ASIANA cooperates have informed ASIANA that they are duly insured against bankruptcy and, in most cases, they have operated on the Czech market for a number of years.
1.5 ASIANA is also licensed to operate as a “Tour Operator”. If a Package Tour Agreement, Package Tour Confirmation, Binding Order of Services, or these GBTC, explicitly state ASIANA as the organiser or Provider, then ASIANA is acting as a Tour Operator. Otherwise, it shall be assumed that it operates as a travel agency, unless explicitly stated otherwise.
1.6 The Customer shall be responsible for his order being correct, both factually and formally, in particular, for correctly stating his personal details, dates, and other conditions that are of significance with respect to the services sought from ASIANA. ASIANA shall not be liable for any damage incurred due to any incorrect data provided by the Customer. When entering a request or order, a Customer shall state his specific requirements with respect to the services sought, and apply for any discount for which he may be eligible. The Customer understands that any specific requirements or discounts requested at a later point cannot be taken into account in the provision of the service. The Customer also understands and agrees that specific requirements with respect to a service requested may be subject to extra fees not included in the basic price of the service.
1.7 ASIANA reserves the right to reject an order if it contains incorrect, contradictory, or incomplete data with respect to the Customer. Furthermore, ASIANA is entitled to reject an order placed by a Customer who repeatedly places incomplete or incorrectly filled out orders; repeatedly and without cause fails to pay agreed deposits or the price of a service he has ordered; repeatedly fails to submit signed documents; or who is, while placing an order in person at an ASIANA branch, under the influence of narcotics.
1.8 Unless otherwise stated, if the Customer withdraws from an agreement, he shall pay to ASIANA the cancellation fee specified for the type of service or Package Tour concerned, in line with these GBTC. If no fee has been set, the Customer shall pay the costs that ASIANA incurred in the performance of the agreement prior to the delivery of the Customer’s withdrawal from the agreement. The withdrawal shall be in writing, shall be delivered to ASIANA’s registered office, and shall take effect upon its delivery to ASIANA.
1.9. The Customer understands that a claim with respect to air carriage or services directly related thereto may only be lodged in the manner specified in the terms and conditions of the carrier (hereinafter referred to as “Carrier”) or of the provider/operator (hereinafter referred to as “Provider”); see Article 2.4 of these GBTC. ASIANA is not entitled to handle any claims of the Customer pertaining to Air Carriage or related services. In the case of a claim concerning a defect in other services provided by ASIANA to the Customer, the Customer may make that claim directly with ASIANA, without undue delay after having discovered the defect. ASIANA shall deal with the claim in line with applicable legal regulations. ASIANA shall not be liable for a flawed provision of service or a failure to provide a service due to a force majeure event, or if a claim has been lodged with respect to a service that was only brokered by it. In this case, liability for defects or shortcomings shall be borne by the Provider of the brokered service, as in the case of Air Carriage.
1.10 The Customer shall pay the price of the service or Package Tour ordered directly from ASIANA or through ASIANA’s brokerage within the period set in the agreement or order confirmation applicable, and if no such period is set, the Customer shall consult the due date directly with an ASIANA agent. The price of services shall be deemed paid on the day on which the agreed price and the applicable taxes and fees are credited to ASIANA’s bank account, or on the day on which the price of a service is paid in cash at ASIANA’s cash desk, if this occurs prior to 5:00 p.m. Payments credited to an account or paid at a cash desk after 5:00 p.m. shall be deemed to be paid on the following day business day.
1.11 These GBTC do not govern and do not apply to:
(a) Rights and obligations between the Customer and a Carrier or Provider in the provision of air passenger carriage and in the provision of related travel services. Such a relationship shall be governed by an agreement and the applicable conditions of the particular Provider.
(b) Rights and obligations between the Customer and a Package Tour organiser in the provision of a Package Tour, on the basis of a Package Tour Agreement concluded through ASIANA. Such relationships shall be governed by the terms and conditions of the Package Tour organiser concerned.
(c) Relations between the Customer and an insurance company, even in cases when insurance was arranged through ASIANA. The Customer shall become acquainted with the insurance policy, including the insurance company’s general insurance terms and conditions, and in the case of an insured event or in other cases, he shall approach the insurance company directly.
(d) Rights and obligations between the Customer and a Provider of accommodation, vehicle rental, or other tourism services brokered by ASIANA for the Customer. Such relations shall be governed by the terms and conditions of the Provider concerned.
2. CONDITIONS FOR THE BROKERAGE OF AIR PASSENGER CARRIAGE
2.1. Method of Entering into an Agreement on Air Passenger Carriage
2.1.1 ASIANA offers the Customer the possibility of entering into an Agreement on Air Passenger Carriage and on the provision of other related travel services with a selected Carrier or Provider, solely on the basis of these GBTC applicable at the time of the conclusion of the Agreement.
2.1.2 The Customer may place his orders for tickets or related travel services:
(a) by electronic on-line booking, via the Internet, at the following websites: www.letuska.cz, www.asiana.cz, www.airmeti.sk, and www.superletuska.cz,
(b) by telephone, fax, or electronic mail,
(c) in person at an ASIANA branch.
2.1.3 The method of placing an order pursuant to Article 2.1.2 may be chosen by the Customer, and the Customer explicitly agrees to the method of concluding the Agreement specified below.
2.2. Conclusion of an Agreement by On-line Booking
2.2.1 By booking through an electronic on-line booking system, the Customer places a binding order for Carriage or other services and without reservation agrees to these business terms and conditions. After an order is received, and, if relevant, confirmed by the Carrier or Provider (if a confirmation is required according to the Carrier’s or Provider’s terms and conditions), ASIANA will send an order confirmation to the Customer in electronic form, to the e-mail address the Customer provided in his booking, stating information about the Carriage ordered, the Carrier, or Service Provider/Operator, any related services, and the aggregate price.
2.2.2 The Customer understands that until the payment of the price of an airline ticket and, if relevant, of other related services, an order confirmation is not binding and an airline ticket booking or the booking of other related services, as well as the price thereof, may be subject to change. Possible methods of paying for an airline ticket and/or for other related services depend on the time by which an airline ticket and/or a coupon/voucher for other travel services must be issued in the given booking. The specific period for the payment of the price of the ticket and related travel services is determined for the specific fare rate by the Carrier or Provider.
2.2.3 An agreement is concluded as soon as the Customer pays the price of the airline ticket or related service, following a verification of the validity of the booking of an airline ticket or other services. By concluding an agreement, the Customer confirms that ASIANA has provided to him all information required (including conditions for cancellation and claims) and all related documents. The time of payment shall mean the time when the amount concerned is paid to ASIANA at one of its cash desks or credited to ASIANA’s bank account. The Customer shall acquaint himself with the Carrier’s terms and conditions for changing a ticket that has already been issued (e.g., a change in the flight date) and the terms and conditions of a Service Provider/Operator for changing a travel service that has been ordered.
2.2.4 Following the conclusion of an agreement, ASIANA shall immediately issue and hand over or send to the Customer the airline tickets ordered and, if applicable, any documents confirming the purchase of a related travel service.
2.3. Conclusion of an Agreement by Booking by Telephone or in Person
2.3.1 The Customer understands that until the payment of the price of an airline ticket and, if relevant, of other related services, an order confirmation is not binding and the booking of an airline ticket or of other related services, as well as the price thereof, may be subject to change.
2.3.2 By booking using a method other than one specified in Article 2.2 of these GBTC, the Customer places a binding order for Carriage and, if relevant, for other services. After an order is received, and, if relevant, confirmed by the Carrier or Provider (if a confirmation is required according to the Carrier’s or Provider’s terms and conditions), ASIANA will send an order confirmation to the Customer, stating information about the Carriage ordered, related services, the Carrier or Provider, and the price. The confirmation shall also state that the relationship between the Customer and ASIANA is governed by these GBTC, whose applicable version is published at www.letuska.cz, www.asiana.cz, and at all ASIANA establishments.
2.3.3 An agreement is concluded as soon as the Customer pays to ASIANA the price of the airline ticket or related service, following a verification of the validity of the booking of an airline ticket or other services. By concluding an agreement, the Customer confirms that ASIANA has provided to him all information required (including conditions for cancellation and claims) and all related documents. Furthermore, the Customer consents to the text of these GBTC. The time of payment shall mean the time when the amount concerned is paid to ASIANA at one of its cash desks or credited to ASIANA’s bank account.
2.3.4 Following the conclusion of an agreement, ASIANA shall immediately issue and hand over or send to the Customer the airline tickets ordered and, if applicable, any documents confirming the purchase of other travel services.
2.4. Agreement on Air Passenger Carriage
2.4.1 The Customer understands that by concluding an Agreement, rights and obligations pertaining to Carriage and to the provision of related services arise for the Customer and the Carrier or the Provider. ASIANA only enters into the relationship between the Customer and the Carrier or Provider as a broker in the conclusion of the Agreement.
2.4.2 The Customer understands that ASIANA does not provide Carriage or related services and, for that reason, is not liable for the due and timely provision of Carriage and/or related services or for any injury, illness, loss, or damage of an item or other assets sustained by the Customer.
2.4.3 The Customer shall submit any and all proposals for a change or rescission of an Agreement, provided that the Agreement or the Carrier’s or Provider’s terms and conditions so permit, to the Carrier or the Provider or, if the Carrier’s or Provider’s terms and conditions permit, through ASIANA.
2.4.4 Furthermore, the Customer understands that a claim with respect to Carriage or to services related thereto may only be lodged in the manner specified in the Carrier’s or Provider’s terms and conditions. ASIANA is not entitled to handle any claims from Customers pertaining to Carriage or related services.
2.4.5 Furthermore, the Customer acknowledges that complaints about the Transport or related services can only be made in the manner specified in the conditions of the Carrier or the Provider. ASIANA is not entitled to handle any complaints of the Customer concerning the Transport or related services.
2.4.6 Such claims shall be lodged, unless otherwise stated in a Carrier’s or Provider’s claim conditions, in the event of:
(a) defects that may be remedied immediately, without undue delay, by a person authorised by the Carrier or the Service Provider/Operator,
(b) other defects, within fourteen (14) days after Carriage was provided by the Carrier or the use of a travel service provided by the Carrier or through ASIANA.
2.4.7 Should the Customer lodge a claim through ASIANA, ASIANA shall, subject to the Customer’s consent, pass the claim on to the Carrier or Provider for handling and shall inform the Customer about the claims process and its outcome. The Customer understands that, in that case, he shall not have any rights with respect to ASIANA, as it only provides him with assistance in the lodging of his claim. Furthermore, the Customer understands that, even if a claim is submitted to the Carrier or Provider through ASIANA, the claim is within the sphere of competence of the Carrier or of the Provider, and ASIANA is unable to influence the duration of the claim handling, or its outcome.
2.4.8 ASIANA may provide compensation only in line with the applicable terms and conditions of the Carrier or the Provider.
2.4.9 ASIANA is liable only for the fulfilment of its obligations related to the conclusion of the Agreement, i.e., in particular for:
(a) duly and timely informing the Carrier or the Provider that an order has been placed and, subsequently, an Agreement concluded;
(b) duly and timely ensuring that an order is confirmed by the Carrier or the Provider, should the Carrier’s or Provider’s terms and conditions so require;
(c) duly issuing an airline ticket or other document for travel;
(d) duly handing over the requisite documents to the Carrier or Provider;
(e) duly reporting a change or rescission of an Agreement to the Carrier or Provider as well as to the Customer, if ASIANA is informed of such changes;
(f) duly and timely transferring the price of Carriage or a travel service and the price of related services to the Carrier’s or Provider’s account.
2.4.10 In the case of the defects specified in Article 2.4.9, the Customer shall lodge a claim with ASIANA without undue delay after discovering the defect, but no later than within fourteen (14) days of its occurrence. ASIANA shall handle the claim in line with applicable legal regulations.
2.4.11 The Customer shall be responsible for the formal as well as factual correctness of his order. In particular, for stating his first name and surname correctly (if the Customer’s first name or surname is too long or has a special format, our operators must be informed prior to the completion of the booking; the first name and surname appearing on an airline ticket must correspond precisely to the form stated in a travel document), his age, the timely claiming of an age-based discount at the time of booking, and presentation of a document proving age (identification document and other information required for identifying a person for the purpose of air carriage), and for stating correct information pertaining to Carriage and other travel services, i.e., in particular, the correct date on which Carriage or another travel service is to take place. The Customer shall also be obliged to inform ASIANA about his request for the carriage of non-standard items, i.e., in particular, animals, weapons, and sports gear. The Customer understands that carriers may, in line with their conditions of carriage, demand a fee for a subsequent change of information or for carriage of non-standard items, or they may exclude the Customer from air carriage without a right to a refund of the price of Air Carriage and directly related services.
2.4.12 The Customer understands that ASIANA is not obliged to examine whether there have been any changes in a booking prior to the purchase of an airline ticket or changes in the Conditions of Carriage after the purchase of an airline ticket, nor obliged to inform the Customer thereof. In line with Article 2.4.9 (e), ASIANA shall only be obliged to provide such information if it has been informed thereof by the Carrier.
2.4.13 The Customer shall be responsible, in particular, for the following:
(a) adherence to visa regulations throughout the flight, i.e., including visa obligations while staying in the transit space of an international airport,
(b) correctness of information provided,
(c) checking for any changes in flights after the purchase of the ticket (must be checked with the Carrier concerned),
(d) presenting himself for departure in a timely fashion.
2.4.14 After purchasing an airline ticket or related services, the Customer shall provide to ASIANA his valid contact details (and inform it of any changes thereto) in the event of a change in the flight or the conditions thereof. If the contact details provided are not valid, ASIANA shall not be liable for any damage incurred by the Customer.
2.4.15 The Customer shall:
(a) use the first leg of the trip in line with the booking, and utilise the coupons in the order stated in the ticket; otherwise, his right to carriage shall cease without right to compensation;
(b) reconfirm his return flights within 72 hours prior to departure, directly with the Carrier;
(c) check the baggage allowance;
(d) check the correctness of data in the ticket booking, confirmations, and forms pertaining to related services; and the data in the carriage document at the time of its receipt (in particular, his first name and surname, dates, route, date of birth, if provided); by accepting an airline ticket or flight itinerary and other confirmations, the Customer expresses his consent to the information stated therein;
(e) acquaint himself with conditions for changing an airline ticket once it has been issued;
(f) adhere to the Conditions of Carriage published at www.letuska.cz and www.asiana.cz.
2.4.16 The Customer understands that:
(a) in the event of airline ticket cancellation, the transaction fee for the issuance of the ticket is not refundable and ASIANA may charge a fee in accordance with the applicable list of tariffs (posted on the websites www.letuska.cz and www.asiana.cz) for ticket cancellation;
(b) airline ticket cancellation and the deadline for a refund shall be governed by the conditions of the Carrier/airline for the fare chosen; refunds are made by cashless transfer, subject to the completion of the relevant form for refunds;
(c) if the Customer is interested in a supplementary service (cancellation insurance, accompaniment, special meal, seat selection on an aircraft), he must inform ASIANA staff thereof;
(d) cancellation conditions applicable to supplementary services:
- extra baggage – non-refundable (when ordered on-line in the My Baggage section);
- purchase of specific seats on an aircraft – non-refundable (when ordered on-line through the section Premium In-flight Services – Preferred Seat Selection);
- purchase of refreshments on board – non-refundable (when ordered on-line through the section Premium In-flight Services – What you want to eat while on board);
- travel insurance – in line with the terms and conditions of the operator HERE;
- Go parking – in line with the terms and conditions of the operator HERE;
- Travel Assistant – in line with the terms and conditions of the operator HERE;
- BRONZE MEET & GREET non-refundable (when ordered on-line through the section Supplementary Service – BRONZE MEET & GREET);
- SILVER MEET & GREET non-refundable (when ordered on-line through the section Supplementary Service – SILVER MEET & GREET);
- Menzies Aviation Lounge at Václav Havel Airport in Prague – non-refundable (when ordered on-line through the section Supplementary Service – Menzies Aviation Lounge at the terminal);
(e) the provision of other services (accommodation, vehicle rental, travel insurance, cancellation fee insurance, etc.) is governed by the terms and conditions of the service provider. The selection and booking of seats on an aircraft which are offered free of charge is not guaranteed and the airline may change them at any point before the flight, due to a change in aircraft configuration, change in aircraft type, etc.;
(f) in the event of a change in the departure date shown on a ticket already issued, provided that the fare permits a change, the Carrier shall be entitled to the payment of increased airport and fuel charges, as applicable at the date of the change, if such an increase has occurred since the ticket issue date;
(g) in the case of low-cost airlines, there is a higher risk of flight change or cancellation by the Carrier. The obligation of the Carrier to provide a substitute flight may be limited in such cases.
3. CONDITIONS FOR THE SALE OF PACKAGE TOURS
3.1. Order and Conclusion of the Agreement
These General Business Terms and Conditions (hereinafter referred to as “GBTC”) shall apply to all Package Tours organised by ASIANA, spol. s r. o. These GBTC regulate the right and obligations of contractual parties arising from a Package Tour Agreement pursuant to Act No. 159/1999 Coll., on certain conditions for engaging in the tourism business. These GBTC constitute an integral part of a Package Tour Agreement. Specific terms and conditions stated in a Package Tour Agreement shall always prevail over these GBTC.
3.1. Parties to the Contractual Relationship.
The parties to the Contractual Relationship shall be:
160 00 Prague 6
Registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 22489, ID No: 49704362, Tax ID: CZ49704362
(Hereinafter referred to as “ASIANA”)
The Customer, a legal entity or an individual specified in the Agreement as the Customer ordering a Package Tour.
3.2 Subject of the Contractual Relationship
In a Package Tour Agreement, ASIANA undertakes to arrange for the Customer a set of tourism services prepared in advance (hereinafter referred to as “Package Tour”) and the Customer undertakes to pay an aggregate price. Pursuant to Section 2522 § of Act No. 89/2012 Coll., the New Civil Code, a “Package Tour” means a set of tourism services if organised for a period longer than twenty-four hours, or if it involves an overnight stay and comprises at least two of the following deliverables:
III Other tourism services that are not supplementary to carriage or accommodation and that constitute a major component of the set of the services offered.
3.3 Contractual Framework, Establishment of a Contractual Relationship
3.3.1 The contractual framework of the agreement between the customer and ASIANA is comprised of:
(a) the Package Tour Agreement;
(b) the description of the Package Tour on ASIANA’s website or an offer sheet sent by an ASIANA staff member; and
(c) these GBTC. All documents referred to above are binding for the contractual parties.
The text of a Package Tour Agreement shall prevail over these GBTC and the description of the Package Tour on the website or in an offer sheet.
3.3.2 The contractual relationship between the Customer and ASIANA arises with the conclusion of a Package Tour Agreement. A Package Tour Agreement takes effect on the day on which it is confirmed in writing by ASIANA and following the payment of a deposit by the Customer.
3.3.3 By concluding a Package Tour Agreement, a Customer confirms that he is acquainted in full with the document constituting the Contractual Framework, and that he consents thereto. He declares that he has acquainted any other persons for whose benefit he is arranging the Package Tour Agreement with those documents and that the persons concerned consent to all these documents in full.
3.3.4 ASIANA shall inform the Customer about the deadline by which a Package Tour Agreement proposal must be accepted; if the Agreement proposal is accepted after that date, the proposal shall cease to apply, and a Package Tour Agreement may only be concluded with the consent of ASIANA and subsequent to the updating of the Agreement.
3.3.5 If he accepts the offer, the Customer shall send a signed Agreement, including proof of payment, to ASIANA’s address in electronic form or by post, or submit it at an ASIANA branch.
3.3.6 Prior to entering into an Agreement, and at the request of the Customer, ASIANA shall, for his consultation, present a document of insurance against the risk of ASIANA’s bankruptcy. ASIANA shall also inform the Customer in an appropriate manner about passport and visa requirements, deadlines for their processing, and information about any medical documents required for the given Package Tour. This information is available at the www.letuska.cz website. Any and all information about securing a visa and visa-free relations featured in ASIANA’s materials applies solely to citizens of the Czech Republic. Other customers shall be provided with such information by ASIANA on a case-by-case basis, at their request. If ASIANA offers to take care of visa arrangements or of other documents required for visiting a destination country as a component of a specific Package Tour or another service, this commitment shall only apply to customers travelling on a Czech passport. A Package Tour participant travelling on a passport other than a Czech passport shall independently make the passport and visa arrangements required for visiting the destination country independently.
3.4 Payment and Pricing Conditions
3.4.1 The final price of a Package Tour is stated in a Package Tour Agreement. Such price includes services stated for the Package Tour in the Offer Sheet or on ASIANA’s website in the section “The Price Includes”.
The Customer undertakes to pay the price of a Package Tour to ASIANA as follows:
- Deposit – comprised of the full price of airline tickets, including all airport fees and at least 30 % of other services ordered that constitute a part of a Package Tour; the due date of the deposit is set out in the Package Tour Agreement
- Balance payment – payable no later than 40 days before the Package Tour departure date; the date on which this obligation has been fulfilled shall be deemed to be the day on which the balance payment is credited to ASIANA’s account.
Deadlines for the payment of the deposit and the balance payment are binding for the Customer, and ASIANA is not liable for any consequences of default on the Customer’s part.
A payment may be made to ASIANA’s account at the branch of the relevant bank, by bank transfer, at an ASIANA branch, or by other means as agreed with an ASIANA staff member.
The Customer is provided payment instructions in writing, usually by e-mail together with the proposed Package Tour Agreement, or payment details are stated directly in the Package Tour Agreement.
3.4.2 In the absence of a Package Tour Agreement or should the parties agree otherwise, Package Tours ordered less than 40 days prior to the commencement of the Package Tour shall be paid by the Customer in full, by a lump sum.
3.4.3 The Customer understands that after the Package Tour Agreement is signed and a payment made, it may happen, in exceptional cases that ASIANA fails to confirm the booking. In that case, the Package Tour Agreement shall be rescinded ex tunc and the Customer shall be entitled to a refund of all the money he has already paid.
3.4.4 The Customer agrees to ASIANA being entitled to unilaterally increase the price of a Package Tour, solely in the following cases:
(a) in the event of an increase in the price of transport, including fuel, by a maximum of the amount by which the price of fuel for the given Package Tour increases; or
(b) in the event of an increase in transport-related payments, such as airport or port fees that are included in the price of the Package Tour, by a maximum of the amount by which the price of the said payments in the Package Tour concerned increases; or
(c) in the event of an increase of the CZK exchange rate used for determining the price of the Package Tour, by an average of more than 10 %.
A price increase in line with this Article does not constitute grounds for withdrawing from the Package Tour Agreement.
3.4.5 Unless explicitly stipulated otherwise, a handling fee may be charged to the Customer for a card payment, in an amount which an ASIANA staff member shall inform the Customer in advance. Payments from or to a foreign country shall only be possible upon specific agreement with an ASIANA staff member; bank fees shall always be paid by the Customer.
3.4.6. General Terms and Conditions of Twisto Service for Merchants
(Hereinafter referred to as “GTCT”)
“Price of Goods” means the purchase price of the goods stipulated in the Purchase Agreement by the Customer and the Merchant operating the relevant E-shop.
“E-shop” means a website where the Merchant operates their on-line shop and provides related services and where the Customer may order specific Goods and enter into a Purchase Agreement with the Merchant.
“Contract for Services” or “Contract” means a written contract entered into by the Merchant and Twisto, whose subject matter is the cooperation in providing the and whose appendices are these GTCT and the Guide.
“Merchant’s Contact Person” means a person specified in the Contract for Services that is entitled to represent the Merchant within the business relation with the Provider and address any operation issues concerning the Twisto Service.
“Merchant’s Contact Person” means a person specified in the Contract for Services that is entitled to represent the Merchant within the business relation with the Provider and address any operation issues concerning the Twisto Service.
“Total Purchase Price” means the price of Goods which is stipulated by the Merchant and Customer in the Purchase Agreement and which includes the cost of delivery. The Total Purchase Price does not include the Service Fee to be paid by the Customer to the Provider along with the Receivable.
“Purchase Agreement” is the Purchase Agreement entered into by the Merchant, acting as the buyer, and the Customer, acting as the purchaser, pursuant to the provisions of section 2079 et seq. of the Commercial Code, whose subject matter is the purchase and delivery of the Goods for the Total Purchase Price and the agreement on the method of delivering the Goods to the Customer.
“Margin” means the Provider’s commission in the form of a part of the Total Purchase Price in CZK, calculated as a percentage of the Total Purchase Price, whose amount is specified in the Contract for Services.
“Merchant” means that party to the Contract for Services which is an enterprise and E-shop operator that has entered into a Purchase Agreement with the Customer and into a Contract for Services with the Provider.
“Civil Code” means Act no. 89/2012, Civil Code, as amended.
“Claim” means the right of the Merchant, acting as the buyer, to be paid and the obligation of the Customer, acting as the purchaser, to pay the Total Purchase Price based on the Purchase Agreement assigned to the Provider as the assignee upon the Customer’s request and with the Merchant’s consent. The due period of the Claim is 14 days from the date of dispatch of the Goods to the Customer using the Online Payment service or the Twisto Account service.
“Twisto Service Fee“ means a fixed amount to be paid by the Customer and specified in the GTCC that is a lump sum payment for the provision of the Twisto Service (if agreed by the Merchant and Provider).
“Guide” means a product and technical description of the Twisto Service including detailed requirements for the Merchant’s technical cooperation during the provision of the Twisto Service, which is published on the website www.twisto.cz/docs and which may be subject to unilateral changes and completion by the Provider and which is an appendix to the Contract.
“Twisto Service” or “Service” means the assignment of the Claim (including its accessions and related rights) by the Merchant, acting as the assignor, to the Provider, acting as the assignee, upon the Customer’s request and with the Merchant’s consent, the payment of Consideration for the assignment by the Provider to the Merchant and the subsequent payment of the Claim by the Customer to the Provider within 14 days from the dispatch of the Goods using the Online Payment service or within 45 days form dispatch of the Goods using the Twisto Account service.
“Consideration for Assignment” means the amount paid by the Provider to the Merchant as a consideration for the assignment of the Claim; the amount of the consideration corresponds to the nominal value of the Claim.
“GTCT” means these General Terms and Conditions of Twisto Service for Merchants.
“GTCC” means the General Terms and Conditions of the Twisto Service for Customers.
“Settlement” means cashless payment of the Consideration for Assignment by the Provider to the Merchant.
“Settlement Day” means each day when a Settlement occurs. The dates or frequency of Settlement Days are specified in the Contract for Services [usually once a day].
“Customer” means any individual – not a business person – that is capable of entering into the Purchase Agreement and that has entered into the Purchase Agreement which has been previously approved by the Provider for the use of the Twisto Service.
“Goods” means a personal thing or a service that is the subject matter of the Purchase Agreement concluded by the Merchant and the Customer.
“Provider,” “Twisto,” or “Company” means Twisto payments a.s., registration no.: 016 15 165, registered address: Praha 1 – Malá Strana, Újezd 450/40, 118 00, Czech Republic, registered in the Register of Companies administered by the Metropolitan Court in Prague, section B, file 19085.
“Twisto Account” is a service through which you can pay your postal orders and invoices, make payment orders and/or pay for your online shopping in selected E-shops and which can be used by the Customer in “Online”, “Standard” or “Premium” modes as specified in the GTCC.
“Online Payment“ is a one-time postponement of payment for purchases from the Merchant through Twisto which can be made repeatedly in compliance with the GTCC.
- The Provider is the Twisto Service provider.
- The Twisto Service consists in buying The Merchant’s Claims against Customers upon the request of each individual Customer and with the Merchant’s consent, in the manner and under the conditions laid down in these GTCT and under the Contract for Services, with each individual Claim being assigned immediately after the conclusion of the Purchase Agreement. An advantage for the Customer is the fact that the due period of the assigned Claim is immediately set to 14 days from the dispatch of the Goods in the event of using the Online Payment service or to 45 days from the dispatch of the Goods in the event of using the Twisto Account service.
- The E-shop offers the Twisto Service to Customers as part of the selection of the manner of payment of the Total Purchase Price. The Customer can select the Twisto Service as a manner of payment, which is conditioned by the Customer obtaining the Provider’s confirmation based on an assessment of the Customer’s ability to pay, which is carried out in real time and the Customer is immediately informed of the result through the relevant web interface of the E-shop. At that moment the assignment of the Claim by the Merchant to the Provider is effective and the Customer is obligated to pay the debt (Claim) to the Provider.
- The Provider and the Merchant enter into an individual written agreement in the form of a Contract for Services, whose provisions take precedence over the provisions of these GTCT.
- The technical aspects of the Twisto Service not covered by the Contract for Services or these GTCT are covered by the Guide (technical guide for integration).
- In the event of contradictions between the individual binding documents, the order of the document’s binding effect is as follows:
- Contract for Services
- The Provider may change these GTCT unilaterally. In relation to the Merchant, the change shall take effect on the thirtieth (30th) day after it is concluded through the website twisto.cz unless the Merchant notifies the Provider of terminating the contractual relationship within 30 days of publishing the changes. The Provider shall notify the Merchant of each change of the GTCT separately by e-mail, without any undue delay, after publishing the change on the Twisto website specified above.
- In matters not covered by the Contract and/or these GTCT or the Guide, the contractual relationship between the Provider and the Merchant shall be governed by the Civil Code or by other applicable legislation that is in force in the Czech Republic.
The Merchant’s Rights and Obligations
- The Merchant shall ensure that the E-shop is sufficiently prepared for the proper operation of the Twisto Service in compliance with the Provider’s instructions, especially in compliance with the Guide.
- The Merchant shall the Provider – in relation to the E-shop, individual Customers and Claims – full, accurate and true information necessary for the proper provision of the Twisto Service in the manner and under the conditions specified herein and in the Contract for Services. In order to exclude any doubts and regardless of any other arrangements, the Merchant shall provide any important facts and information regarding the Claim or the Customer (especially contact information and order information). The Merchant shall, above all, inform the Provider of and facts known to the Merchant or learnt by the Merchant during the Contract period which might have impact on the amount and duration of the Claim, such as any counterclaims or objections that the Customer might make against the Merchant.
- The Merchant is also required to ensure that at the time of the provision of the Twisto Service the Customer consents to the Provider’s General Terms and Conditions for Customers (GTCC) in the manner specified in the Guide (implementation of a reference to the GTCC and the approval of their wording by selecting the Twisto Service) within the E-shop’s web interface or by modifying their own General Terms and Conditions if such a modification is considered to be effective.
- Upon the Provider’s request, the Merchant shall ensure the delivery of the purchased Goods to the Customer or to a person authorised to accept the Goods under the Merchant’s General Terms and Conditions through a third person (carrier); that shall only happen with a written document (proof of delivery) being signed by the Customer.
- If the Goods are delivered to the Customer’s address (i.e. not collected on the Merchant’s premises or at a collection terminal), that address must be the address provided by the Customer in the Purchase Agreement as the delivery address.
- Upon the Provider’s request, the Merchant shall provide any necessary cooperation in order to prove that the Goods have been collected by the Customer personally or by a person authorised by the Customer; that shall be proved by submitting the signed proof of receipt of the Goods or by the Customer’s identification data (if recorded by the carrier upon delivery of the Goods). The Parties stipulate that the risk of failure to correctly identify and verify the Customer’s identity shall be borne by the carrier, as specified, as a standard, in the Merchant’s and carrier’s general terms and conditions.
- If the Goods offered by the Merchant have no material substance, the Parties agree that the provisions of Article III (4 and 6) of the GTCT shall not apply to such a contractual relationship because the Goods are not physically received by the Customer. Instead, the Merchant shall ensure and, upon request, submit to the Provider a proof of delivery of the Goods to the Customer.
- The Merchant shall duly and in a timely fashion meet all of its obligations to the Customer under the Purchase Agreement and under the Merchant’s General Terms and Conditions.
- The Merchant shall determine its Contact Person.
- The Merchant may finish offering the Twisto Service when a written notice of termination of offering the Twisto Service is delivered to the Provider.
- The Merchant may require the Provider to explain why the provision of the Twisto Service to the Customer has not been approved.
- The Merchant may require the Customer to provide any necessary technical support and assistance in relation to the connection of the Merchant’s and the Provider’s information systems and related accessories for the purpose of the Twisto Service in compliance with the Guide, and the Provider undertakes to provide the Merchant with necessary cooperation for this purpose.
- The Merchant undertakes to sign, upon the Provider’s request, a written statement saying that a particular Claim has been assigned to the Provider upon the Customer’s request and with the Merchant’s consent. The Merchant also undertakes to provide the Provider with any documents and information for each Claim and particularly for the delivery of the Goods and for Customer identification for the purpose of seeking the satisfaction of a Claim, upon the Provider’s request. This obligation of the Merchant’s lasts for five years after the termination of the Contract.
- In relation to each Purchase Agreement and assigned Claim, the Merchant shall inform the Provider, upon request, of the fact that the Goods were delivered to the Customer and when they were delivered.
- The Merchant shall immediately notify the Provider and the Customer or confirm to the Provider and the Customer that a Customer, who has used the Twisto Service, has entered into a Purchase Agreement; such notification or confirmation shall be sent by e-mail or through the E-shop’s web interface, and the Merchant shall also include the information of assigning the Claim in the invoice issued by the Merchant (if any).
- If a Claim has been assigned to the Provider but the Customer has sent the payment to the Merchant’s bank account, the Merchant shall transfer the payment to the Provider within a period set by the provider, who shall use the payment to pay the Customer’s debt (Claim against the Customer). If the Merchant does not do so, the Provider may demand to be rendered the payment.
The Provider’s Rights and Obligations
- The Provider shall ensure Customers’ access to the Provider’s information systems through the E-shop’s web interface in the manner described in the Guide for the purpose of providing the Twisto Service.
- The Provider may assess each individual request for the Service made by a Customer in terms of the Customer’s ability to pay, submitted via the E-shop’s web interface, and approve or reject such a request at its discretion without having to explain the approval or rejection to the Customer.
- The Provider shall pay the Merchant the Consideration for Assignment in the manner and within the deadlines set forth herein and in the Contract for Services.
- The Provider may conduct marketing campaigns or organise events including information about the availability of the Twisto Service within the E-shop, i.e. may use the name of the E-shop and/or of the Merchant in such a marketing campaign or event.
- The Provider shall determine its Contact Person.
Assignment of Claims
- If the Provider approves, upon the Customer’s request and with the Customer’s consent, the use of the Twisto Service and informs the Customer of this fact through the web interface, immediately after the Customer receives the Merchant’s notification of the conclusion of a particular Purchase Agreement, the Claim (including its accessions and related rights) under that Purchase Agreement shall be assigned by the Merchant to the Provider.
- The Merchant declares that each assigned Claim is the Customer’s true debt and that the Merchant is not aware of any objections raised by the Customer which could be applied to the Claim or to the Merchant, acting as the assignor, and which could influence the amount or existence of the Claim.
- The Provider shall pay the Merchant the Consideration for Assignment by means of Settlement on the next nearest Settlement Day but after the dispatch of the Goods to the Customer by the Merchant at the earliest.
- For the provision of the Service, the Merchant shall pay the Provider Margin, which shall be an amount in CZK, and the Margin is due according to the agreement between the Provider and the Merchant.
- The Provider shall bear the risk of the debt (Claim) not being paid by the Customer (Customer’s payment risk). The Provider may not withdraw from any individual assignment of a Claim for the reason that the Customer has not paid the debt or because the Customer is bankrupt. The provision of section 1885 of the Civil Code shall not apply.
- Regardless of the provisions of paragraph 5, the Merchant is responsible for the existence of the Claim. If the Provider’s claim is rejected in the relevant action proceedings or execution proceedings because the Claim against the Customer has not been established or has partly or in full ceased to exist for reasons on the Merchant’s part or for reasons on the Customer’s part which already existed at the time of Claim assignment and which were known to the Merchant, the Merchant shall (i) return the whole Consideration for Assignment and (ii) pay the Provider the amount of the penalty fees and the penalty under the GTCC that the Provider would have been entitled to in relation to the Customer for the time elapsed before the Provider learnt about the non-existence or irrecoverability of the Claim.
- In order to exclude any doubts, the Parties stipulate that besides the Claim, the subject matter of assignment does not include any other rights and obligations of the Merchant under the Purchase Agreement.
- The Provider shall process the Customer data of the Merchant in accordance with this GTCT. This GTCT are made within the rights and duties arising from the relevant legislation, in particular the Regulation no. 2016/679 of April 27th, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data („Regulation“).
- The Provider shall adopt such technical, personal and other measures, to avoid an authorized or accidental access to personal data, to its change, destruction or loss, unauthorized transmission, to its other unauthorized processing, as other misusage. This duty is applicable also after the termination of the data processing by the Provider.
- The Provider shall secure the fulfillment of the duties arising from the Regulation and legislation, in particular by securing demonstrable familiarization of the authorized persons and its other employees and other authorized persons providing services to the Merchant with a duty of confidentiality and with other relevant duties according to respective legal regulations.
- In case of detecting a breach of security of the data protection of the processed data provided by the Merchant, an unauthorized or accidental approach to such data, destruction or loss, unauthorized transmission or other unauthorized processing or misusage, the Provider is obliged to inform the Merchant immediately and the Provider is obliged to accept measures to eliminate the defective state.
- The Provider and the Merchant are obliged to provide mutually all the necessary cooperation and documents to secure the smooth and effective realization of the data processing especially in case of negotiations and dealing with the data subjects, Office for Personal Data Protection or with other public authorities.
- After the Customers request for a provision of Twisto Service, the Merchant allows to the Provider the identification of the Customer by providing its personal data. The Provider is entitled to get the access to relevant data of the Customer (including in particular, not exclusively, a name, surname, e-mail address, address of residence and phone number), that the evaluation of the ability of the Customer to pay the claim could be provided.
- On the basis of the identification of the Customer, the Provider will carry out the evaluation (scoring) and approval or disapproval of the Twisto Service provision according to its discretion.
Customer’s withdrawal from the Purchase Agreement
- The Merchant shall inform the Provider immediately, within 48 hours from the Customer’s relevant act in relation to the Merchant at the latest, that the Customer has performed an act towards the withdrawal from the Purchase Agreement (“Withdrawal from the Purchase Agreement”).
Withdrawal from the Purchase Agreement within 14 days after the delivery of Goods.
- If the Withdrawal from the Purchase Contract occurs within 14 days from the date of the delivery of Goods to the Customer and if the Provider is notified of it within the period specified in paragraph 1 of this article, the Purchase Agreement shall be terminated without the Claim being assigned immediately when the Merchant’s written notification is delivered to the Provider, and the Merchant shall return the full Consideration for Assignment to the Provider. The Merchant’s obligation to return the full Consideration for Assignment to the Provider shall be established once the undamaged Goods have been returned by the Customer to the Merchant.
- If, within 48 hours after the period of 14 days from the delivery of the Goods to the Customer has lapsed, the Provider does not receive any message from the Merchant as to whether or not the Withdrawal from the Purchase Agreement has occurred, the Withdrawal is deemed not to have occurred and the Provider is allowed to collect the debt from the Customer.
- If the Customer has withdrawn from the Purchase Agreement but the Merchant has not notified the Provider of it within the time period specified in paragraph 1 of this Article, the Assignment of Claim shall be cancelled on the day of the nearest Settlement and the Merchant shall (i) return the full Consideration for Assignment to the Provider and (ii) pay the Provider a sum amounting to the total of penalty fees, interests and penalties calculated under the GTCC that the Provider would have become entitled to for the time elapsed before the Provider learnt about the withdrawal from the Purchase Agreement; that also applies if the Merchant does not notify the Provider of the Withdrawal from the Purchase Agreement repeatedly.
Withdrawal from the Purchase Agreement after 14 days after the delivery of Goods
- If the Withdrawal from the Purchase Agreement occurs after 14 days from the delivery of Goods and if it is not an obviously delayed act of withdrawal without reason with the period of 14 days from the delivery of the Goods to the Customer, the Merchant shall inform the Provider of such a Withdrawal from the Purchase Agreement within 48 hours.
- If the Withdrawal from the Purchase Contract occurs within 14 days from the date of the delivery of Goods and if the Provider is notified of it within the period specified in paragraph 5 of this Article, the Assignment of the Claim shall be cancelled once the Merchant accepts the Customer’s complaint. In such a case the Merchant shall return the Consideration for Assignment to the Provider in full. If the Merchant does not accept the Customer’s complaint about the Goods, the Provider shall have the right to collect the debt from the Customer.
- If the Withdrawal from the Purchase Contract occurs after 14 days from the date of the delivery of Goods to the Customer and if the Customer has already paid the debt to the Provider, the Provider shall handle the payment according to the Merchant’s instructions, i.e. the Provider shall, according to the Merchant’s instructions, either return the payment to the Customer or transfer it to the Merchant.
Common provisions for the Withdrawal from the Purchase Agreement
- If the Withdrawal from the Purchase Agreement has occurred for any reason, the Provider is still entitled to the Margin. The Merchant shall pay the Margin to Twisto, or more precisely, may not require the Margin to be returned if it has already been paid.
- Settlement shall be carried out on the Settlement Day.
- The Provider and the Merchant agree that within Settlement all their mutual claims, both due and undue, arisen by the end of the day before the Settlement Day shall be set off.
- The difference resulting from setting off the claims shall be paid by the Merchant or by the Provider, according to the situation, on the Settlement Day by transfer of funds to the bank account specified in the Contract for Services. The debt corresponding to the difference after the mutual claims have been set off is paid by the amount corresponding to this difference being credited to the other Party’s bank account.
- The Settlement calculation shall be done by the Provider on the shared web interface, where the calculation result shall be made accessible to the Merchant by the end of the Settlement Day.
Settlement of disputes
- Any disputes resulting from or in connection with any contractual relationship between the Merchant and the Company or in connection with their invalidity or in connection with unjustified enrichment being returned to or by the Provider or the Merchant shall be finally decided by three arbitrators of the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic according to its rules of procedure.
- Any legal relationship resulting from or in connection with the Twisto Service shall be governed by the legal system of the Czech Republic, in particular by the Civil Code and by related legislation.
- The Provider and the Merchant undertake to keep any facts concerning the contractual relationship between them confidential.
- If any provision of these GTCT becomes invalid or unenforceable, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or unenforceability of such a provision shall not affect the validity and enforceability of any other provisions.
These GTCT become effective on 4th June, 2018.
3.5 Change of a Package Tour Agreement
3.5.1 If ASIANA is obliged to change the terms and conditions of the Agreement or the price of a Package Tour for objective reasons, the Customer shall be entitled to withdraw from the Package Tour Agreement within 3 days of the delivery of the proposed change of the Package Tour Agreement; otherwise, the Customer shall be deemed to agree to the proposed change of the Package Tour Agreement.
3.5.2 A change of hotel for a hotel of the same or higher category than that agreed in the Package Tour Agreement shall not constitute a material change of the Agreement.
3.5.3 In the event of a flight delay or cancellation that is beyond ASIANA’s control, ASIANA shall not be liable for any damage incurred thereby and shall not be obliged to provide compensation for services that could not be used.
3.5.4 Should the Customer, for any reason on its part, fail to use, in part or in full, a service, to the provision of which he was entitled pursuant to the Package Tour Agreement, this shall not give rise to any right to a discount from the price of the Package Tour or from the price of the service.
3.5.5 In the event that the Customer arranges selected services complementing a Package Tour himself (in particular, the airline ticket), he does so at his own responsibility. ASIANA shall not pay any costs arising due to the cancellation of the Package Tour, a change in the dates of the Package Tour, or a modification of the programme.
3.6 Package Tour Cancellation and Cancellation Fee
3.6.1 The Customer may withdraw from the Package Tour Agreement prior to the commencement of the Package Tour. As long as the Customer’s withdrawal is not due to a breach of ASIANA’s obligation arising from the Package Tour Agreement, these GBTC, or the law, the Customer shall pay a cancellation fee to ASIANA, subject to the following conditions:
- more than 90 days prior to the commencement of the Package Tour: costs actually incurred, and CZK 1,000;
- 90 – 61 days prior to the commencement of the Package Tour: costs actually incurred; but at least 20 % of the aggregate price;
- 60 – 46 days prior to the commencement of the Package Tour: costs actually incurred; but at least 30 % of the aggregate price;
- 45 – 31 days prior to the commencement of the Package Tour: costs actually incurred; but at least 50 % of the aggregate price
- 30 and fewer days prior to the commencement of the Package Tour: 100 % of the price of the Package Tour.
The Customer must deliver his withdrawal from the Package Tour Agreement to ASIANA in writing. Cancelled thereby are the contractual relationship of the Customer and ASIANA as well as the Customer’s participation, as at the date of the delivery of the written termination notice (cancellation).
The Customer shall also pay a cancellation fee in the event that ASIANA withdraws due to a breach of obligations on the part of the Customer.
(a) Should the Customer request a change in the Agreement, ASIANA may, if it accepts the change, request the following performance:
Change in participant: if the Customer informs ASIANA in writing that another person, whose name is specified in the notice, will take part in the Package Tour in his stead – in this case, the original and the new Customer shall be liable jointly and severally for the payment of the price of the Package Tour, and the original Customer shall be obliged to inform the new Customer about these GBTC, the conditions of participation in a Package Tour, and other information that has been provided in relation to the Package Tour. In this situation, ASIANA is entitled to demand compensation for costs incurred by it in this regard; a change, in the case of airline tickets, shall be made in line with the terms and conditions of the airline and the air fare used.
Change in the date of the Package Tour or of services (a change may only be made subject to a verification of availability and possibility of change): in a period of up to 40 days prior to the commencement of the Package Tour, ASIANA may demand payment of the costs that ASIANA incurs in this regard. If a change in the date is requested in a period of fewer than 40 days prior to the commencement of the Package Tour, ASIANA may, in addition to its costs, also demand from the Customer the fee set at the amount of the cancellation fee specified in Article 3.4.1 of these GBTC;
(b) If the Customer pays the entire price of a Package Tour or a portion thereof by vouchers (e.g., Edenred, the Benefity.cz card), and withdraws from the Agreement, a refund may be made in such vouchers.
(c) If a customer takes advantage of the possibility of having his Package Tour paid for by another entity (e.g., his employer’s vacation contribution, payment through the corporation Benefit Management, paying for the Package Tour in instalments) and the Package Tour is cancelled by the Customer or ASIANA in line with these GBTC, or pursuant to a legal regulation, a refund of the price of the Package Tour may only be made to the entity that paid for the Package Tour (i.e., if the Package Tour was paid for by the Customer’s employer, the refund for the cancelled Package Tour shall be made to the Customer’s employer; it cannot be paid out to the Customer, etc.). In the event of a partial payment by the Customer and a partial payment by another entity, the refund of the price of the Package Tour, if cancelled, shall be made to all payers at the same ratio. The period for processing a refund of the price of a cancelled Package Tour is 35 calendar days.
(d) Should the Customer take advantage of paying for a Package Tour by a gift certificate issued by ASIANA, the refund of the price of the Package Tour, if cancelled, is governed by the special conditions stated in the gift certificate.
3.6.2 Withdrawal from the Agreement (cancellation) must be made exclusively in writing, with the Customer’s signature, and sent either by e-mail to firstname.lastname@example.org or submitted in person during opening hours at one of ASIANA’s branches, receipt of which the Customer shall have confirmed by a staff member responsible.
3.6.3 The time of the delivery of the withdrawal to ASIANA shall be decisive in determining the cancelation fee amount.
3.7 Rules Governing Claims
3.7.1 Should the scope of quality of services be lower than that agreed in the Agreement, the Customer shall be entitled to lodge a claim.
3.7.2 If a Package Tour is already commenced, the Customer shall report his claim without undue delay to an ASIANA representative on the spot, or contact the ASIANA assistance line, the contact details of which are provided in travel instructions, in order that a remedy may be arranged as quickly as practicable.
3.7.3 If a remedy cannot be arranged without a compromise in terms of the quality or scope of services, the customer shall be entitled to a refund of the difference in the price of the services. The Customer shall provide the cooperation required in the resolution of his claim.
3.7.4 If a claim is not lodged on the spot, the Customer may lodge such a claim within 30 days of the end of his Package Tour; otherwise, his right to lodge a claim shall lapse. A claim must be lodged in writing and submitted electronically, sent by post, or handed to ASIANA in person. ASIANA shall process the claim within 30 days of when it was lodged.
3.7.5 ASIANA shall not be liable for the quality and scope of any services that the Customer may order on the spot from third-party Service Providers or for any damage or harm sustained in connection with the use of such a service.
4. CONDITIONS FOR THE BROKERING OF INDIVIDUAL TOURISM-RELATED SERVICES
(e.g., accommodation, vehicle (in particular, car) rental, entrance tickets, excursions, etc.)
4.1 ASIANA is an authorised broker of accommodation and other individual tourism services and related services of selected Providers with which it has entered into agreements, pursuant to which ASIANA may agree on such services with Customers, issuing a voucher certifying the submission of a binding order for such services (hereinafter referred to as “Voucher”), and collect the agreed price of such services in its own name.
4.2 ASIANA offers its customers the possibility of the brokerage of selected services of a selected Provider. The Customer understands that rights and obligations arise thereby only for the Service Provider and the Customer, and that ASIANA acts only as the broker in such a relationship.
4.3 The Customer understands that the Provider of the given tourism service and related services shall be solely responsible for the provision of such services, in line with its commercial terms and conditions, rather than ASIANA, which does not act as the provider of accommodation or any other services and is therefore not liable for the due and timely provision of those services, or for any injury, illness, loss, or damage of an item or other property of the Customer sustained in connection with accommodation, vehicle rental, or use of any other brokered services.
4.4 At his discretion, the Customer may place his order for services:
(a) by electronic on-line booking, via the Internet, on an ASIANA website, in particular at: www.letuska.cz, www.asiana.cz, www.airmeti.sk, www.superletuska.cz,
(b) by telephone, fax, or electronic post;
(c) in person at an ASIANA establishment.
4.5 By booking through an electronic on-line booking system, telephone, fax, electronic mail, or in person at an ASIANA establishment, the Customer places his binding order of accommodation or other related tourism services and agrees to these GBTC without reservation. Following the receipt of an order, ASIANA shall confirm such receipt without delay and, (if required according to the Provider’s terms and conditions) following its confirmation by the Service Provider, ASIANA shall send the Customer a confirmation of his order, stating information about the accommodation or other or related services that he has ordered, about the Service Provider, and the aggregate price, either:
(a) in electronic form to the e-mail address that the Customer provided during on-line booking; or
(b) by other means (e.g., post, electronic form, fax…), in the case of booking by telephone, fax, electronic mail, or in person at an ASIANA establishment.
4.6 The Customer understands that until the aggregate price is paid (i.e., price including all of the services ordered, related services, price of brokerage, etc.), the order confirmation is not binding and the booking of services as well as their price may be subject to change without prior notice. Binding orders are accepted during regular office hours, on business days, no later than 5:00 p.m. Any orders received by the Provider outside of these hours shall be dealt with on the next business day. Arrangements on services between the Customer and the Provider are binding only once the Customer pays the aggregate price following a verification of the validity of the booking of the service ordered or another related service with ASIANA. By paying the aggregate price, the Customer confirms that ASIANA has provided to him all the information required (including cancellation and claims conditions) and related documents.
4.7 Should the terms and conditions of the Service Provider require the conclusion of a written agreement, ASIANA shall inform the Customer thereof as soon as the Provider of accommodation or other services confirms the Customer’s order. At the same time, ASIANA shall inform the Customer about the period for which his order shall apply, within which the Customer must enter into the agreement. In the event of the expiration of the order validity period in vain, a new order confirmation must be requested from the Service Provider. The Agreement is concluded once signed by the Customer and ASIANA. By signing, the Customer confirms that ASIANA has provided him with all the information required (including cancellation and claims conditions) and related documents.
4.8 Following a binding order of services, ASIANA shall issue and send to the Customer a Voucher for the tourism services ordered, the presentation of which is required for using the service concerned or other related services.
4.9 Any and all proposals for a change or cancellation of services ordered, if this is permitted by the Provider’s terms and conditions, shall be submitted by the Customer directly to the Provider of the service ordered or, if the Provider’s terms and conditions permit, through ASIANA.
4.10 The Customer may submit a claim concerning brokered services through ASIANA, but he understands that ASIANA is not entitled to handle or recognise claims pertaining to accommodation or to other or related services on behalf of the Service Provider. A claim with respect to a defect that may be immediately remedied must be submitted without undue delay to an authorised person providing services directly on the spot, unless the Provider’s claim conditions state otherwise.
4.11 If the Customer submits a claim through ASIANA, ASIANA shall hand the claim over to the Service Provider for processing and shall keep the Customer informed about the process and outcome of the handling of the claim. The Customer understands that, in that case, he shall not have any rights with respect to ASIANA, which is only providing assistance to him in the claims process. Furthermore, the Customer understands that even if a claim is submitted to the Provider through ASIANA, the claim falls exclusively within the sphere of competence of the Service Provider, and ASIANA cannot in any way influence the duration of the handling of the claim or its outcome.
4.12 ASIANA may only provide compensation in line with the applicable terms and conditions of the Provider.
4.13 ASIANA shall be liable only for complying with its obligations related to making binding arrangements for the service, i.e., in particular for:
(a) duly and timely informing the Service Provider that an order has been placed and the service subsequently ordered in a binding manner;
(b) duly and timely arranging for a confirmation of the order by the Service Provider, if so required by the Provider’s Terms and Conditions;
(c) duly and timely issuing a Voucher for Services;
(d) duly providing the documents required to the Customer;
(e) duly announcing any changes or cancellation to the Service Provider as well as to the Customer, on the business day after ASIANA is informed of such a change in writing;
(f) duly and timely remitting the price of services and related services to the Provider’s account.
4.14 The Customer understands that ASIANA is not obliged to examine whether a change has occurred in a booking or in the conditions of the services ordered or of other or related services, and inform the Customer thereof prior to the payment of the price of services, in part or in full, even in the event of the issuance of a Voucher for the use thereof.
4.15 Following the payment of the price of the services ordered or related services, the Customer shall inform ASIANA in writing about his current contact details (and any change thereof) such that he may be notified of any change in the services. If any of the contact details provided in writing are not current, ASIANA shall not be liable for any damage incurred by the Customer due to a failure to deliver a notice of changes.
4.16 The Customer shall be responsible for ensuring, among other things:
(a) the data submitted by him is correct;
(b) timely payment for the services ordered;
(c) presenting himself in a timely manner for accommodation or the commencement of the use of a brokered service.
4.17 The Customer shall:
(a) with sufficient advance notice before accepting accommodation or using another service ordered, check, for himself and for all other persons travelling with him that their travel documents are valid, as well as check the conditions for entering all other destination and transit countries that will be visited while using the service ordered, in particular, entry formalities and visa requirements. The Customer understands that neither ASIANA nor the Provider shall be liable for any damage incurred due to denial of entry to the Customer or other persons travelling with him to a destination or transit country, or a refusal to accept such persons for check in for carriage to such a destination.
(b) Ensure for himself and persons travelling with him the stay and transit visas required.
(c) Ensure that both the Customer and other persons travelling with him comply with the medical or other requirements needed for travelling to, or for stays, in all destination or transit countries.
(d) check the correctness of the data on the Voucher issued by ASIANA for accommodation, vehicle rental and other or related services (in particular, personal details, dates and periods for which the service is applicable, type of accommodation, type of vehicle rented, etc.); and by accepting the Voucher for the service, he conforms that he has checked it and agrees to the data.
4.18 The Customer understands and agrees that cancellation of the service shall be governed by the Provider’s terms and conditions, unless otherwise stated, and the period stated therein for a refund of the price paid through ASIANA, or a portion thereof, shall be extended by 21 days, during which ASIANA undertakes to pay the relevant sum to the Customer. ASIANA shall be entitled to charge a service fee, which it may retain even if the service is refunded.
5. TRAVEL DOCUMENTS AND CONDITIONS FOR ARRANGING AN AUTHORISATION TO STAY (VISA)
5.1 When travelling abroad, each Customer is obliged to carry a valid passport or a personal identity card for travel within the Schengen Area. Each Customer shall check important information related to entering the selected destination or any countries through which they pass in the case of ground transport. Visa formalities must be arranged by the Customer himself prior to travel. Neither ASIANA nor the TO shall be liable for the non-granting of any visa.
5.2 The Customer understands that various destinations may apply different requirements as to the minimum term of validity of a passport (again expressed as the number of months after returning from the destination). Most destinations apply a minimum term of six (6) months. For further details, see the website of the Ministry of Foreign Affairs of the Czech Republic (hereinafter referred to as MFA CS) or embassies of individual countries. Prior to ordering a Package Tour, the Customer should also check with the relevant embassies about visa, security, and other conditions required for entering and staying in a country, including the current situation at the destination.
5.3 Based on an explicit order from the Customer, ASIANA may provide assistance in filling in the forms required to enter the selected country for a fee. Assistance is only an administrative act at the request of the Customer and is limited only to filling in the form with information verified and submitted by the Customer. ASIANA is not responsible for refused entry into the destination and transit country or the emergence of other expenses in connection with travel restrictions in the Czech Republic, countries of residence or transit countries.
5.4 In the event of a loss of travel documents abroad, and to allow for simpler arrangement of substitute documents, we recommend that Customers travel with several copies of their travel documents or have such copies saved in their e-mail or some other place. Such copies can simplify the resolution of many situations, such as, in particular, the loss or theft of documents, or when a hotel asks to keep a passport at the reception desk overnight. According to information provided by the MFA CS, hotels are not entitled to withhold Customer’s passports, albeit for a single day, although it is common practice. Hotels can make photocopies of or scan travel documents and should return a Customer’s passport immediately. In the event of a loss of a travel document abroad, a Czech citizen should report the loss or theft of his travel document to local police and ask it them issue a certificate of the report. Subsequently, he should report the loss to an embassy or consulate of the Czech Republic (hereinafter referred to as “CZ Emb.”). If required, a Customer may approach the relevant embassy or consulate of the Czech Republic with a request for assistance. A list of embassies and consulates is available at the website of the MFA, in the chapter “Countries of the World – Travel Information”, in the folder “Czech Embassies to Contact”. If a citizen of the Czech Republic urgently needs a travel document, he can request the issuance of a travel document (substitute travel document) at a CZ EMB; substitute travel documents are issued by CZ EMBs as soon as possible after the conditions for its issue are met. A substitute travel document constitutes a travel document for a single trip with its territorial and temporal application restricted to the purpose of the trip, in particular to enable the Customer to return to the Czech Republic.
5.5 The Customer shall receive any other required documents arranged by ASIANA or the relevant TO, such as vouchers, airline tickets, etc., from ASIANA or the relevant TO. Unless otherwise agreed, these documents are usually sent out 7 days prior departure or may be provided to the Customer at the point of departure. In the event of a flight with an airline that does not require even electronic tickets, or of accommodation at an accommodation facility that does not require electronic vouchers, the Customer shall show his travel document or citizen’s identification card at an airport or accommodation facility.
5.6 ASIANA offers to take care of its Customers’ visa arrangements for them for a fee, based on the Customer’s order placed at the Customer’s choice, either by telephone, e-mail, or in person at any ASIANA outlet.
5.7 In his order, the Customer shall specify, in particular, personal details of the persons for whom the visa are to be arranged (including the country of their citizenship), the complete formal name of the country whose visa the Customer requires, the type of visa required, and the required dates and duration of the visa. Following the receipt of an order, ASIANA shall send an order confirmation to the Customer, stating information about the visa arrangements ordered, the documents required for making visa arrangements successfully, the amount of the administrative fee for the visa arrangements, and ASIANA’s fee.
5.8 An agreement is concluded upon the payment of a fee to ASIANA and an administrative fee for visa arrangements. By concluding an agreement, the Customer confirms that ASIANA has provided to him all information known/available, including the expected duration of visa application processing. The payment of a fee and administrative fee shall mean, depending on the form of payment, the day on which cash is received, the day of card payment, or the day when the payment is credited to ASIANA’s account, in line with paragraph 1.10 of these GBTC.
5.9 Should the Customer decide, after a visa application has been submitted, to withdraw that application, or to terminate his agreement with ASIANA prior to the issuance of the visa, ASIANA shall be entitled to the payment of a proportionate amount of its fee for the steps already taken, but no less than 50 % of the fee. The Customer understands that after the submission of a visa application, the administrative fee is not subject to a refund, even if the Customer does not withdraw his application but the visa is not issued.
5.10 Following the conclusion of the agreement, the Customer shall, without undue delay, provide to ASIANA any and all documents required for the arranging of the visa. Until such time as it receives those documents, ASIANA shall not be obliged to take any steps aimed at arranging the visa. The Customer understands that the relevant embassy or consulate may, during the visa proceedings, require the submission of additional documents, of which ASIANA will inform the Customer, and the Customer shall provide ASIANA with all such other documents immediately.
5.11 The Customer shall:
(a) Inform ASIANA truthfully and completely about any and all facts and information decisive for the issuance of a visa;
(b) Provide ASIANA with any and all cooperation required for the arrangement of a visa;
(c) If the arrangement of a visa requires a power of attorney, grant and deliver it to ASIANA in a timely manner.
5.12 ASIANA shall:
(a) Take due care of any and all documents received from the Customer for the arrangement of a visa, and provide them to the relevant embassy or consulate;
(b) At the Customer’s request, inform him about the state of the visa arrangement process;
(c) Act in accordance with its abilities and knowledge and to diverge from the Customer’s instructions only if it is in the Customer’s interest and if ASIANA cannot obtain the Customer’s consent in a timely fashion;
(d) Collect the visa once issued, at the date and time stated by the relevant embassy, and deliver it to the Customer without undue delay, together with any documents that the embassy or consulate returns, in particular, the passport with the visa granted, or arrange with the Customer a different manner by which he may collect the visa and relevant documents, if they are returned with the travel document and the visa by the relevant embassy.
5.13 The Customer understands that:
(a) ASIANA shall not be liable for a failure to issue a visa due to any of information or documents being incorrect or due to a failure to provide the requisite cooperation or grant the required power of attorney in a due and timely manner.
(b) ASIANA shall not be liable for an extension of the period during which the issuance of the visa is expected;
(c) ASIANA shall not be liable for a failure to grant the visa if it was caused by a circumstance that was beyond ASIANA’s control (e.g., administrative discretion of the embassy or consulate).
(d) An embassy or consulate may ask the Customer to visit it in person or to present any other documents not stated in the original conditions for the visa granting process.
(e) ASIANA shall not be liable for the correctness of any information pertaining to visa obligations. The Customer shall verify such information at his expense and responsibility with the relevant embassy or consulate;
5.14 ASIANA may terminate the agreement with immediate effect if the relationship of trust between the Customer and ASIANA is breached. In that case, the agreement shall terminate once ASIANA informs the Customer about its termination. Even after the termination of the agreement, ASIANA shall execute any steps that do not bear postponing, in order to prevent the Customer from sustaining harm. After the termination of the agreement, ASIANA shall hand over to the Customer any and all documents that it has received from him for the purpose of the arrangement of the visa and that it still holds. ASIANA may retain an appropriate portion of the fee, to correspond to the steps already taken.
5.15 The Customer may lodge a claim with respect to ASIANA’s visa brokerage services with ASIANA (we recommend it be lodged in writing). A claim may be lodged within the statutory period, i.e., 30 days from the visa being granted/not being granted. Claims can be lodged by e-mail at email@example.com.
6. CONDITIONS FOR ARRANGING STUDENT STAYS ABROAD
6.1 ASIANA offers its customers the possibility of arranging stays for students abroad (hereinafter referred to as the “Stay”) organised by an organiser (hereinafter referred to as the “Organiser”) of the Client’s choice, on behalf and for the account of the Customer, on the basis of a Brokerage Agreement.
6.2 The Customer understands that ASIANA is not the Organiser of the Stay but rather, only the broker, and for that reason, it is not liable for the due and timely realisation of the Stay or for any injury, illness, loss or damage of item or other property of the Customer sustained in connection with the Stay.
6.3 The Customer understands that:
(a) Boarding with a host family means accommodation in a private home, and ‘host family’ may include persons living on their own.
(b) Prices of Stays as stated in ASIANA’s price lists are purely informative and are not binding. The binding price of a Stay will be stated in an offer and then subsequently in a Brokerage Agreement, and shall be inclusive of any applicable VAT.
(c) ASIANA shall be entitled to increase the price of a Stay after the conclusion of the Brokerage Agreement if the Stay Organiser increases its price.
(d) ASIANA shall be entitled to increase the price of carriage to the Stay destination if the Carrier or Provider selected increases the price after the conclusion of the agreement, for example, due to seasonal fluctuations in airline ticket prices. Furthermore, changes may occur in departure and arrival dates. ASIANA shall inform the Customer of those facts without delay.
(e) The Customer shall not be entitled to a discount from the price of a Stay for days when no instruction takes place due to a national or local holiday.
(f) If the Customer is expelled from the country of the Stay, is banned from dwelling in the country, or is expelled from the relevant study programme, he shall not be entitled to a refund of the price of the Stay or a part thereof.
(g) In the event of doubt, it shall be assumed that the Stay and supplementary services concerned correspond to the standard terms and conditions of the study programme Organiser and of the Providers of the relevant services.
(h) Any photographs used in ASIANA’s promotional materials are only illustrative.
6.4 A Brokerage Agreement concluded between ASIANA and the Customer shall be concluded in writing or implicitly by the Customer paying the price of the Stay or a deposit specified in an advance invoice. In the event of such implied conclusion of the Brokerage Agreement, the Customer shall deliver a counterpart of the Brokerage Agreement, personally signed by the Customer, to ASIANA without undue delay. Should the Customer fail to do so within 14 days of the implied conclusion of the Brokerage Agreement, ASIANA may withdraw from the Brokerage Agreement and retain a handling fee amounting to 15 % of the payment received, but to no more than CZK 1,000, as a flat-rate compensation of any costs incurred on its part.
6.5 By concluding a Brokerage Agreement, ASIANA undertakes to arrange for the Customer the Stay specified in the Brokerage Agreement, and the Customer undertakes to pay to ASIANA the brokerage fee and the price of the Stay, and, if relevant, also the price of any supplementary and related services requested by the Customer.
6.6 By concluding a Brokerage Agreement, the Customer confirms that he has become acquainted with any and all information pertaining to the Stay that has been provided to him by ASIANA or that is available on ASIANA’s website, in particular at www.study.cz and www.letuska.cz.
6.7 The Customer shall pay the price of the Stay and a fee to ASIANA by the deadlines and in amounts specified in the Brokerage Agreement, on the basis of an invoice issued by ASIANA.
6.8. If the exchange rate of the Czech crown to the currency in which the price of the Stay has been set by the Organiser increases, as at the invoice payment date, by more than 5 %, as compared to the rate at the date on which the advance invoice was issued, the Customer shall pay the interest rate difference to ASIANA in full. Should the Customer fail to do so within five (5) days, ASIANA may withdraw from the Brokerage Agreement and the Customer shall pay cancellation fees for the Stay, in line with these GBTC.
6.9 ASIANA may set the due date such that the aggregate price and fees are paid before the start of the Stay. If the due date is shorter than three (3) days, ASIANA shall draw the Customer’s attention thereto.
6.10 The Customer may opt to pay the price of a Stay in two instalments, one amounting to 25 % of the price, payable within 14 days of the invoice issuance date, and the balance, amounting to 75 % of the price, no later than six (6) weeks before the planned commencement of the Stay. In a special offer/in the case of a special discount from ASIANA, the due dates may be specified differently in the conditions for obtaining such special offer/discount.
6.11 ASIANA shall book the selected Stay for the Customer within seven (7) business days of the payment of the price of the Stay or deposit and ASIANA’s fee. If the period between the conclusion of the Brokerage Agreement and the commencement of the Stay is shorter than 10 days, ASIANA shall make the booking without undue delay, but no earlier than after the Customer pays the price of the Stay and fee to ASIANA in full.
6.12 ASIANA shall inform the Customer:
(a) At the Customer’s request about the progress of the Stay brokerage process, and always within the period required for obtaining the information sought;
(b) Without undue delay in the event that the Stay is confirmed by the Stay Organiser; and
(c) Without undue delay if the Stay booking is not confirmed by the Organiser, but no later than seven (7) days before the planned commencement of the Stay. This shall not apply if the agreement with the Customer is concluded fewer than seven (7) days prior to the planned commencement of the Stay. In that case, ASIANA will offer the Customer an alternative date or an alternative Stay. If the Customer disagrees with the proposed alternative, he may withdraw from the Brokerage Agreement. ASIANA shall then refund to the Customer the part of the price of the Stay that has already been paid.
6.13 If the booking of the Stay is confirmed by the Organiser, ASIANA shall deliver to the Customer documents required for commencing the Stay before such planned commencement.
6.14 The Customer shall, in particular:
(a) Check, sufficiently in advance of the planned commencement of the Stay, the validity of his travel document and check the conditions for entering all destination and transit countries, in particular entry formalities and visa requirements;
(b) Arrange the requisite stay and transit visas;
(c) Make sure he meets the medical or any other requirements necessary for travelling to or staying in all final as well as transit destinations;
(d) Abide by the instructions of the Stay Organiser;
(e) Behave during the Stay such as not to breach generally applicable legal regulations of the country concerned, rules of the study programme set by the Organiser, not to interfere without authorisation or cause with the rights of other Stay participants, and not to harm ASIANA’s good reputation.
6.15 The Customer understands that if the specific Stay selected by him is not filled (or is only filled in part), the Stay Organiser may offer him a different type of Stay (or some related services), with an appropriate compensation. If the Customer is provided an appropriate compensation of a Stay (or compensation of a part of a Stay or related services), he shall not be entitled to withdraw from the Brokerage Agreement or have a right to the refund of the price of the Stay or a portion thereof.
6.16 The Customer may request a change in the conditions of the Stay even while using this service or a related service. If the change requested is possible, ASIANA shall be entitled to compensation in full for any and all costs incurred by it in arranging such a change.
6.17 The Customer may cancel a Stay he has ordered, by delivering a notice by registered post to ASIANA’s registered office. In that case, the Customer shall pay the following cancellation fees to ASIANA:
(a) If the Customer cancels his Stay more than 30 days prior to its planned commencement, he shall pay a cancellation fee amounting to 20 % of the aggregate price of the Stay and up to 100 % of the price of supplementary services (airline ticket, visa, etc.).
(b) If the Customer cancels his Stay in the period between 29 – 7 days prior to its planned commencement, he shall pay a cancellation fee amounting to 50 % of the aggregate price of the Stay and up to 100 % of the price of supplementary services.
(c) If the Customer cancels his Stay fewer than 7 days prior to its planned commencement, or after having commenced the Stay, he shall pay a cancellation fee amounting to up to 100 % of the aggregate price of the Stay and up to 100 % of the price of supplementary services. Prices inclusive of VAT shall be used in determining the cancellation fee amount.
6.18 The Customer shall pay the cancellation fee in the appropriate amount, even if he does not commence the Stay due to having stated incorrect or incomplete information.
6.19 If the Customer’s participation in the Stay is conditioned on obtaining a Visa and the Customer fails to obtain it, the Brokerage Agreement shall terminate, and ASIANA shall be entitled to a cancellation fee, subject to the terms and conditions stated in Article 6.17 of these GBTC. If the visa was to be arranged by ASIANA, the Customer shall pay to ASIANA any and all costs incurred by it in connection with arranging a visa for the Customer.
6.20 The Stay shall be deemed cancelled as at the day on which the Customer’s written notice informing ASIANA of the cancellation of the Stay is delivered to it. The Brokerage Agreement shall terminate as at that day.
6.21 ASIANA’s right to the payment of the cancellation fee shall arise as at the date of the termination of the Brokerage Agreement or as at the planned Stay commencement day, whichever is earlier. ASIANA undertakes to inform the Customer in writing about the cancellation fee amount, including the amount it shall withhold from the price paid. The cancellation fee shall be payable within three (3) days of a written notice from ASIANA to the Customer.
6.22 ASIANA shall be available for the Customer or Stay participant, whichever is relevant, on the telephone during ASIANA’s standard business hours for addressing any problems that may occur during the Stay.
6.23 Should the Customer discover defects in the Stay, in deviation from the agreement or these GBTC, the Customer may lodge a claim with respect to the Stay, with the Stay Organiser directly, or through ASIANA, and shall do so during the Stay. The Customer shall be entitled to a remedy and, if not possible, to an appropriate discount from the price of the Stay. The amount of the discount shall be determined by the Stay Organiser in cooperation with ASIANA. Should the Customer fail to lodge his claim during the Stay, the Stay shall be deemed to have been flawless. The Customer understands that any reservations of the Customer with respect to the Stay or any supplementary services that are reported after the Stay will not be recognised. A claim with respect to carriage during the return trip after the end of the Stay may be lodged by the Customer in line with the business terms and conditions of the relevant Carrier or Provider, and in any event, he shall do so without undue delay.
7. CONDITIONS FOR ARRANGING A STAY AT A SCHOOL ABROAD
7.1 If the subject of brokerage is the Stay of a Student with a host family in another country related to regular school attendance, arranged for a period of at least three (3) months, the Organiser shall arrange, in cooperation with the student, suitable accommodation in a host family, and supervision over and care for the student, in accordance with the conditions customary in the country of Stay. At the same time, the Provider shall arrange conditions allowing the student to attend school regularly.
7.2 The Customer may demand compensation from the Organiser if he withdraws from the agreement prior to the commencement of a school Stay due to the Organiser having failed to inform him, no later than 7 days in advance, of any of the following:
(a) The name and address of the host with whom the student will lodge after his arrival;
(b) The name and address of the authorised person (coordinator) in the country of the school Stay, who can be contacted for assistance, and information about the possibility of contacting that person.
7.3 The Customer may request compensation from the Organiser if he has withdrawn from the Agreement because the Organiser has failed to duly prepare the student for the Stay.
7.4 The Customer may withdraw from the agreement during a school Stay; the Organiser shall be entitled to the agreed fee, reduced by any costs saved. The Organiser shall take any and all measures required for carrying the student back; the Customer shall pay to the Organiser any increase in costs related thereto. The Organiser shall not be entitled to the fee reduced by any costs saved or increased by costs related to carrying the student back, if the Customer has withdrawn from the agreement due to a serious breach of obligation by the Organiser.
7.5 These GBTC, and appropriately, in particular, the provisions of Sections 1, 3, and 6, shall apply to the contractual relationship concerning the brokerage of a school Stay.
8. OTHER PROVISIONS
8.1 All other matters shall be governed by the provisions of generally applicable legislation, in particular of the Civil Code and the Consumer Protection Act, as amended. In the event of a consumer dispute arising from a Package Tour Agreement, from a purchase agreement, or from an agreement on the provision of services that is not successfully resolved by agreement, the consumer may submit an application for an out-of-court settlement of such a dispute to the appropriate entity for out-of-court consumer dispute resolution, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz
A consumer may also use the on-line dispute resolution platform provided by the European Commission at http://ec.europa.eu/consumers/odr/.
8.2 The Customer understands that he shall be entitled, upon his return from a Package Tour, Stay, or a trip otherwise brokered/organised by ASIANA, to submit via a website or electronic communication a review/feedback (hereinafter referred to as “Review”), thereby providing information about the quality of services to other potential customers. ASIANA may publish the Review at its discretion or refuse to publish the Customer’s Review without giving a reason. ASIANA is not obliged to inform the Customer about the publication or rejection of his Review. By submitting his Review, the Customer grants consent to the publication of the Review on ASIANA’s websites and in other advertising materials (catalogue, social networks, etc.). Furthermore, the Customer agrees that ASIANA may adapt any Review received at its discretion, in particular, such that it would not include names of specific Carriers, Organisers, Providers, TOs, or other names.
9. CONCLUDING PROVISIONS
9.1 These GBTC may only be amended by written agreement between ASIANA and the Customer.
9.2 The Customer consents to:
(a) the delivery of a travel document or related services to the address specified in his order,
(b) his refusal to take delivery of a mailing, or the non-acceptance and return of a mailing to ASIANA, being deemed to constitute delivery. Effects of delivery shall apply as of the return of the undelivered mailing.
(c) delivery to the e-mail address specified in the order, with the effect of a written mailing,
(d) the delivery of a travel document or related services to the address and by a method he specifies in his order. Delivery services are agreed with Czech Post or other delivery companies and ASIANA cannot be held liable for the timely delivery of mailings, their loss, etc.
9.3 The Customer, by entering an Agreement in accordance with these GBTC, agrees that the rights and obligations of the Customer and ASIANA in relation to the conclusion of the Agreement shall be governed by these GBTC.
10. CONSENT TO THE PROCESSING OF PERSONAL INFORMATION
10.1 The Customer/Subject of Information hereby grants his consent to ASIANA (or an employee thereof) collecting, keeping, and processing his personal information provided by him to ASIANA (hereinafter referred to as the “Administrator”) for the purpose specified below. This consent is granted for all information provided by the Customer in the Agreement and in documents related thereto, for a period of five (5) years from the date on which the consent was granted. At the same time, the Customer understands his rights pursuant to Sections 12 and 21 of Act No. 101/2000 Coll., on the Protection of Personal Information. He declares that all information is exact and true and that it has been provided voluntarily.
10.2 The Subject of Information may ask the Administrator to inform him about the processing of his personal information. The Administrator shall provide such information to the Subject of Information without undue delay. Should the person who has signed these GBTC discover or be of the opinion that the Administrator is performing the processing of his personal information in contravention of the protection of his personal and private life or in contravention of the law, in particular, if his personal information is imprecise with a view to the purpose of its processing, he may demand an explanation from the Administrator and ask it to remedy the situation; this may, in particular, include the blocking, correction, supplementation, or liquidation of personal information. Should the Administrator fail to grant the request of the Subject of Information, the Subject of Information may seek assistance from the Office for Personal Data Protection.
10.3 In line with Section 5 of Act No. 101/2000 Coll., on the Protection of Personal Information, all information is collected and processed solely for the purpose of the arrangement of travel services and for the offering of products and services to the Subject of Information/Customer. All of this information shall be also be collected, processed, and kept for the purpose of sending commercial messages to the Subject of Information through electronic means pursuant to Act No. 480/2004 Coll., on Certain Information Society Services, until such time as the Subject of Information sends information to the Administrator, directly and effectively, stating that he no longer wishes to receive commercial information from the Administrator), but for a maximum of five (5) years. Furthermore, the Subject of Information agrees that other personal information may be combined with the information provided by him. Summary information may be used by the Administrator for statistical purposes, for the Administrator’s internal use.
10.4 The Administrator declares that it will gather personal information to an extent required for the attainment of the purpose specified and it shall only process it in line with the purpose for which it was gathered. Employees of the Administrator and any other individuals processing personal information pursuant to an agreement with the Administrator, and other personnel shall keep personal information confidential even after the termination of their employment relationship or work.
10.5 A link to the European Flight Compensation Regulation can be found HERE
11. VALIDITY AND EFFECT
These Terms and Conditions shall become valid and effective on 1 February 2016 and are available for consulting at all ASIANA spol. s r. o.’s establishments.