General terms and conditions
Commercial terms and condition of company Asiana, spol. s r.o.
1. Introductory provisions
1.1. Those commercial terms and conditions govern rights and duties of a Traveler and company ASIANA, spool. s r.o., IČ 49704362, based in Prague, Velflíkova 8, 160 00, which is enlisted in Register of Companies administered by the City court in Prague, section C, rider 22489 (the “Asiana”) while making the contract about air transfer of passengers and about providing related services (the “Contract”), which a Traveler contracts with a Carrier or with a Provider of a Service/Operator by means of Asiana.
1.2. Those terms and conditions do not govern rights and duties of a Traveler and Carrier or a Provider of a service/Operator while carrying out air transport of passengers (the “Transport”) and while providing accompanying services. Aforesaid relation is governed by the agreement and respective terms and conditions of a particular Carrier or a Provider of a service/Operator.
1.3. “Traveler” is any natural person who shows interest to sign a Contract with a Carrier or a Provider of a service/Operator by means of Asiana.
1.4. “Carrier” is a company, which carries out the act of Transportation and/or provides accompanying services. Carrier can also be other then a member of IATA (International Air Travel Association) based in Montreal, Canada with a branch in Czech republic: Smetanovo nábřeží 4, 110 00 Praha 1. “Provider of a service/Operator” is a company, which provides services related to traveling (hotel, hotel chain, rent-a-car company, online booking system, boat or rail company, insurance company, etc.).
1.5. Asiana is the approved agent for selling air tickets and accompanying services of companies that carry out Transport or provide accommodation, renting a car or providing other affiliated services. Asiana is also approved to sell air tickets of Carriers, which are not members of Internation Air Transport Association. Demonstrative list of Carriers can be found on Asiana’s websites www.letuska.cz and www.asiana.cz. Asiana is entitled to accept financial means from Travelers as settlements for Transport or accompanying travel services.
2. The way of signing the Contract about air transport of passengers
2.1. Asiana offers a Traveler the possibility to sign a Contract with a chosen Carrier or Provider of a service/Operator. Contract is related to air transport of passengers or providing affiliated travel services solely based on those commercial terms and conditions valid at the moment of signing of this Contract.
2.2. A Travel can make a booking of air ticket or accompanying services by the following possibilities:
a) by means of on-line booking using the internet sites:
www.letuska.cz, www.asiana.cz, www.airmeti.sk, www.superletuska.cz
b) be means of phone, fax or electronic mail
c) in person on one of Asiana’s branches
2.3. Traveler has a right to choose a channel of booking described in paragraph 2.2. By creating a booking Traveler thereby explicitly agrees with the bellow mentioned way of signing the Contract.
3. Signing the Contract along with On-line booking
3.1. By creating a booking through the on-line booking engine, a Traveler is committing itself to an order of Transport or affiliated services and unconditionally agrees with those Terms and Conditions. After receiving an order, and eventual confirmation from the Carrier or Provider of a service/Operator (in case it is compulsory by Terms and Conditions of a Carrier), a confirmation email is send by Asiana to a Traveler to an address provided during a booking. This confirmation email contains information about ordered Transport, Carrier or Provider of a service/Operator, affiliated services and price.
3.2. Traveler understands that until the price of an air ticket or other services is payed, the booking of air tickets or other services is not confirmed and also their prices are subject to a change. Available ways of payment depend on point in time until which issue of an air ticket or a voucher for an other service is due. The actual time limit for payment of travel services is being set for a particular price tariff by a Carrier or a Provider of a service/Operator.
3.3. The agreement is considered signed at the moment of Traveler’s payment after verifying the validity and price of an air ticket booking or other services booked through Asiana. By signing the Contract a Traveler confirms that s/he received all appropriate information (including cancelation and reclaiming fees) and handed over needed documents. By making payment is considered the moment when the appropriate sum is reimbursed to Asiana in person at one Asiana’s cashier desk or by transferring funds to Asiana’s bank account. Traveler is required to become familiar with Terms and Conditions of a Carrier, especially with conditions related to a change of issued ticket (i.e. change of date), or a Provider of a service/ Operator related to a change of ordered service.
3.4. After signing a Contract Asiana is obliged to issue and hand over to Traveler air tickets or vouchers or booking confirmations for other services without delay.
4. Signing the Contract by creating a booking over the phone or by visiting in person
4.1. Traveler understands that until the price of an air ticket or other services is payed, the booking of air tickets or other services is not confirmed and also their prices are subject to a change.
4.2. By creating a booking in other way then stated in the paragraph 3 of this Terms and Conditions a Traveler is also capable of making a booking of Transport or other services. Consequently for received booking and eventual confirmation from a Carrier or a Provider of a service/Operator (in case it is necessary by Terms and Conditions of a Carrier or a Provider of a service/Operator), Asiana sends to a Traveler confirmation with information about ordered Transport or accompanying services and prices. In confirmation it is stated that relation between a Traveler and Asiana is governed by those Terms and Conditions. Their actual and valid version can be found at www.letuska.cz and www.asiana.cz or at any Asiana’s physical branch.
4.3. The agreement is considered signed at the moment of Traveler’s payment after verifying the validity and price of an air ticket booking or other services booked through Asiana. By signing the Contract a Traveler confirms that s/he received all appropriate information (including cancelation and reclaiming fees) and handed over needed documents. By making payment is considered the moment when the appropriate sum is reimbursed to Asiana in person at one Asiana’s cashier desk or by transferring funds to Asiana’s bank account. Traveler is required to become familiar with Terms and Conditions of a Carrier, especially with conditions related to a change of issued ticket (i.e. change of date), or a Provider of a service/ Operator related to a change of ordered service.
4.4. After signing a Contract Asiana is obliged to issue and hand over to Traveler air tickets or vouchers or booking confirmations for other services without delay.
5. Contract about air transport of passengers
5.1. Traveler understands that by signing the Contract rights and duties are arising in relation to Transport or providing accompanying services to a Traveler by a Carrier or Provider of service/Operator. Asiana figures in relation between a Traveler and a Carrier or a Provider of a service/Operator solely as the middleman for signing the Contract.
5.2. Traveler understands that Asiana is not actually providing Transport nor it actually provides accompanying services. For this reason Asiana is not liable for proper, adequate and in-time realization of Transport and any property lost or any property damaged belonging to a Traveler.
5.3. All suggestions for changes of Contract or cancelation of Contract, in case the Contract or Terms and Conditions of a Carrier or a Provider of a service/Operator allows it, is Traveler obliged to do through Asiana (in case the Contract or Terms and Conditions of a Carrier or a Provider of a service/Operator allows it).
5.4. Furthermore, Traveler understands that reclamation of Transport or other accompanying services is possible to do only by means stated in Terms and Conditions of a Carrier or a Provider of a service/Operator. Asiana is not eligible to handle any reclaims of a Traveler, which are related to .Transport and accompanying services.
5.5. Reclaims need to be filed, in case the Contract or Terms and Conditions of a Carrier or a Provider of a service/Operator allows it, in such cases:
a) faults that can be levered out immediately, unless the Contract or Terms and Conditions of a Carrier or a Provider of a service/Operator does not state otherwise, without any unnecessary delay by contacting a Carrier’s or a Provider of a service/Operator’s responsible person.
b) other faults within 14 days from realization of Transport by a Carrier or usage of a travel service provided by a Provider of a service/Operator through Asiana.
5.6. In case a Traveler fills through Asiana a reclaim, consequently Asiana with the agreement from a Traveler provides reclaim to a Carrier or a Provider of a service/Operator for reclaim appraisal and further keeps a Traveler informed about the progress or result of a reclaim. Traveler understands that in such case there are no arising charges and discharges against Asiana, which role is to be helpful in the reclamation process. Traveler also understands that in case of passing a reclaim to a Carrier or a Provider of a service/Operator through Asiana, this reclaim is under the competence of a Carrier or a Provider of a service/Operator and Asiana has no means to influence time to finish the reclamation procedure or its result.
5.7. Asiana is entitled to provide any kind of compensation only in accordance with applicable Terms and Conditions of a Carrier or a Provider of a service/Operator.
5.8. Asiana is responsible only for fulfilling its own duties related to signing the Contract, specifically for:
a) properly and in-time informing a Carrier or a Provider of a service/Operator that a booking was made and the Contract consequently signed
b) proper and in-time confirmation of an order received from a Carrier or a Provider of a service/Operator, in case Terms and Conditions of a Carrier apply.
c) properly issuing an air ticket or other a travel voucher/document.
d) properly passing necessary documents to a Carrier or a Provider of a service/Operator.
e) properly announcing changes or cancelations of the Contract to a Carrier or a Provider of a service/Operator as well as to a Traveler, in case Asiana is being informed about those changes.
f) properly and in-time paying the amount cost of Transport or a price of accompanying services to a Carrier’s or to a Provider of a service/Operator’s bank account.
5.9. In case of faults mentioned in paragraph 5.8 a Traveler is obliged to fill a reclaim and provide it to Asiana without any unnecessary delay, no later then 14 days from occurrence of such faults. Asiana is responsible for handling this complaint in accordance to applicable law and Terms and Conditions.
5.10. Traveler is responsible for formal and dispassionate correctness of Traveler’s order; especially for correctly filling names and surnames of passengers (In case name and surname is too long or have an unusual form, it is necessary to notify our operators prior to creating a booking. Names on issued ticket or voucher must be identical to those in passport of a Traveler), age, early demand for sale based on age prior to issuing tickets together with providing acceptable ID, as well as for providing correct data regarding Transport or other accompanying services, particularly correct dates of Transport or other accompanying services. Traveler is also obliged to mention Asiana any unusual object that are meant to be transported, i.e. animals, weapons, large sport equipment. Traveler understands that a Carrier can, in accordance with applicable laws and terms and conditions, require additional fees for consequential change of credentials or transportation of unusual objects. Furthermore, a Carrier can exclude a Traveler out of Transport without any compensation.
5.11. Traveler understands that Asiana is not obliged to provide eventual changes in the booking prior to purchasing the ticket or conditions of Transport after purchasing the ticket and those information should be provided to a Traveler. In accordance with paragraph 5.8, letter e) Asiana is obliged to provide those informations only when they are provided by a Carrier.
5.12. Traveler is especially liable for:
a) observing visa requirements for the whole duration of a trip and thus also during the stay within an airport transit area,
b) correctness of credentials passed to Asiana,
c) verifying eventual changes in flight after purchasing ticket (needs to be checked with a Carrier)
d) timely appearance for departure.
5.13. After purchasing a ticket or other accompanying services a Traveler is obliged to provide Asiana with correct payment credentials. Those could be later used in case of changes or conditions of flight. Asiana is not liable for any damage caused to a Traveler in case credentials are invalid.
5.14. Traveler is obliged:
a) to use first flight segment of a booking and to use coupons respectively, otherwise the right for Transport perish,
b) to reconfirm return flight directly to a Carried 72 hours prior to departure,
c) to check the baggage allowance,
d) to check correctness of credentials in a booking and consequently in a transportation document while receiving it (especially name, surname, dates, route, date of birth if applicable); by receiving a ticket or an itinerary of flight a Traveler expresses her/his acceptance
e) to become familiar with Terms and Conditions applicable to changes of issued ticket,
f) to observe Contract about air transport of passengers publicized on www.letuska.cz and www.asiana.cz
5.15. Traveler understands that:
a) In case of ticket cancelation the transaction fee charged for issuing the ticket is non-refundable and for processing the cancelation Asiana is eligible to charge a fee according to valid price list (publicized on www.letuska.cz and www.asiana.cz)
b) Cancelation fees and time-limit for eventual refund is governed by Terms and Conditions of a Carrier and by a particular air fare; refund of credit note is done through cashless transfer by filling out the adequate form.
c) In case a Traveler becomes interested in additional services (an insurance against cancelation, entourage of a traveler, special meal), s/he is required to inform Asiana personnel about it.
d) Providing accompanying services (accommodation, rent-a-car, travel insurance, insurance against cancelation fees, etc.) is governed by Terms and Conditions of a Provider of a service/Operator.
e) In case date of departure is changed on issued ticket, while allowed by conditions of an air fare, a Carrier has a right to charge actual prices of airport fees and fuel surcharges valid on date, when change occurred, while such change in fees occurred since a ticket was booked.
f) In case of low cost carriers, there is a higher risk of change or cancelation of a flight from the side of a Carrier. Liability might be limited in such cases as well as obligation to provide compensatory transport.
6. Final regulation
6.1. Those commercial Terms and Conditions can be changed solely based on agreement between Asiana and Traveler in written form.
6.2. Cestující agrees with:
a) a delivery of a travel voucher or vouchers related to other services to an address provided during the booking
b) with a fact, that a message is considered as delivered even when delivery denied by a Traveler or its non-acceptance and return back to Asiana; the effect of delivery is realized at the moment of return undeliverable message.
c) by a delivery to email address specified during the booking with analogical result as sending a mail.
d) by a delivery of a travel voucher or vouchers related to other services to an address by means, which are being mentioned in a booking. Delivery services are negotiated with Czech post or with other postal companies and Asiana cannot be liable for delayed messages, their loss or damage.
6.3. By signing this Contract or using services related to this Contract a Travel thus agrees that Rights and Duties of a Traveler and Asiana are governed in accordance with hereby mentioned Terms and Conditions.
7. Consent for processing of private data
7.1. A Traveler hereby provides the consent to Asiana (and its employee) to accumulate, store and process private data provided to Asiana (hereinafter ,,administrator”) for the purpose set bellow. This consent is provided for any given data by a Traveler in the Contract and on related travel documents, all this for the duration of 5 (five) years since providing this consent. At the same time a Traveler understands her/his rights in accordance with § 12 and 21 of the law No. 101/2000 Sb., about personal data protection. A Traveler proclaims that all those data are exact, true and provided voluntarily.
7.2. Subject of private data can ask the administrator for information about processing her/his data. The administrator is obliged to provide this information to subject without unnecessary delay. In case the subject who signed this commercial Terms and Conditions supposes that processing of her/his private data is at variance with her/his private life or against the law, especially when private data are incorrect according to the purpose of usage, s/he have a right to approach the administrator and ask for explanation and removal of such state, especially it can be related to blockage, making a correction, adding or removal of information. In such case when administrator disoblige to subject’s demand, subject has a right to approach the Office for personal data protection.
7.3. In accordance with § 5 of the law No. 101/2000 Sb., about personal data protection are all data collected and processed for the the purpose of providing travel services and accompanying products and services based on subject’s data. All those mentioned data will be collected, processed and stored for purposes of sending commercial offers to subject of private data by means of electronic devices in accordance with the law No. 480/2004 Sb., about some services of information society, all this until time, when subject of private data send directly and effectively an information that s/he do not wish to receive such commercial offers, or for no more then 5 years. Subject of private data agrees that additional information can be associated with already provided data. Administrator can summarize data for statistical needs or for internal needs of the administrator.
7.4. Administrator hereby proclaims that it will collect private data in such amount that is necessary for fulfilling defined purpose and processing them in accordance with purpose for which they were collected. Employees of the administrator or other physical persons, who are processing private data based on agreement with the administrator and all other persons are obliged to keep discretion about private data even after the end of labour relationship.
7.5. European direction about rights of air transport travelers can be found here.
8. Validity and forcibleness
Those Terms and Conditions are valid and forcible since 1.6. 2010 and can be viewed at all branches of Asiana, spol. s r.o.