This offer (hereinafter referred to as the Contract) is an official offer of Pelagio Twice s.r.o. (hereinafter referred to as the Contractor) to individuals (hereinafter referred to as the Client) to conclude this Contract.
The conclusion of the Contract is carried out by joining the terms of this Agreement set out below.
In order to conclude a Contract on the terms of this Offer, the Client undertakes to carry out its full and unconditional acceptance.
The current version of the Offer is posted pelagiot.com/oferta/).
- Subject of the Contract
1.1. On the terms and within the terms established by this Agreement, the CONTRACTOR undertakes to provide the Client with the opportunity to search, select, book, pay for Services on the CONTRACTOR’s website and then receive documents on the terms specified in this Agreement, and the Client undertakes to accept and pay for these Services.
1.2. Wherever the Client is specified in the text of the Agreement, it also means third parties in whose interests he acts, persons accompanying him (accompanied by him), including minors.
1.3. The Supplier (carrier, insurer, hotel, etc.) directly provides the Service to the Client.
1.4. This Agreement is preliminary until the CONTRACTOR confirms the application received from the Client, sent to the CONTRACTOR in any available way, which in turn is an expression of the Client’s order and the basis for the CONTRACTOR to perform certain actions in order to fulfill the Client’s orders.
- Rights and obligations of the Parties
2.1. THE CONTRACTOR undertakes:
2.1.1. Provide the Client with reliable information about the Services and ensure their booking.
2.1.2. To ensure the provision of services to the Client agreed by the Parties in accordance with the Agreement, including if there is a corresponding order from the Client:
– conclude a contract of carriage between the Customer and the carrier;
– if necessary, transfer the Client’s documents to the consulate of a foreign state for obtaining an entry visa;
– conclude a medical insurance Contract for the Client.
2.1.3. The CONTRACTOR provides the Client with information:
– about the consumer properties of services;
– on the rules of entry into the country (place) of temporary stay and exit from the country (place) of temporary stay, on the basic documents required for entry into the country (place) of temporary stay and exit from the country (place) of temporary stay, including information on the need for a visa to enter the country and (or) exit from the country of temporary stay;
– on customs, border, medical, sanitary-epidemiological, currency control rules and other rules (to the extent necessary for making a trip);
– about the requirements for passports and other documents;
– on the procedure and timing of visa processing, including that the consulate of a foreign state (country of temporary stay, transit) has the right to refuse to issue an entry visa to any person or delay the issuance without explaining the reasons for such refusal or delay;
– on the need to obtain special permits or approvals from the competent authorities, including: parental consent for the departure of a child under 18 years of age, permits for the export of weapons, permits for the export of animals, permits for the export of artistic values and other permits and approvals;
– about the customs of the local population, about religious rites, about shrines, monuments of nature, history, culture and other objects under special protection, the state of the natural environment, the specifics of weather conditions;
– about the national and religious peculiarities of the country (place) of temporary stay;
– about the dangers that the Client may encounter when traveling, including the need to undergo prevention in accordance with international medical requirements;
– that the categorization (“stardom” or other characteristics) of a hotel or other accommodation facility are established by national certification and/or licensing authorities, as well as by the assessment of foreign host firms, the hotel itself. The category of the hotel is indicated by the CONTRACTOR in accordance with the above estimates. In this regard, the subjective assessment of the categorization of accommodation facilities by the Client, if it is caused by his complaint, is unauthorized;
– about the specifics of the place of accommodation, living conditions, food, check-in/check-out time accepted at the place of accommodation (check-in is usually made at 12:00 (in some countries at 15:00), and check-out is usually at 11:00 (in some countries at 10:00). According to international rules, regardless of the actual time of check-in and eviction for any reason, it is necessary to pay for a full day. The extension of the stay is paid by the Client additionally by agreement with the hotel;
– about the possibility of insuring the risk of financial losses due to the inability to make a trip (non-departure insurance), the object of insurance of which are, depending on the specific conditions of the Insurance Contract: refusal or late issuance of a visa, illness, death of a close relative, summons to court, etc. In case of non-registration of travel insurance, the Client assumes all financial risks associated with the inability to make a trip for reasons beyond the control of the CONTRACTOR;
– that if a Client has any complaints about the quality of the Services provided, it is necessary to resolve all conflict situations with a representative of the receiving party and immediately inform the CONTRACTOR about this by phone, including emergency ones;
– the obligation to comply with the laws and local customs of the host country, to comply with the rules of accommodation and behavior in hotels;
– that the damage caused by the Client to a hotel, hotel, restaurant, museum, carrier or other company providing Services must be reimbursed by the Client at his own expense;
2.1.4. After full payment for the Services, issue and transfer, including by e-mail, to the Client all documents establishing the Client’s right to receive the ordered services: ticket, insurance policy, passport with a note from the consulate about the possibility of entry into the country of temporary stay.
2.2. The CONTRACTOR has the right to:
2.2.1. Cancel the booking of services in case of late and /or incomplete payment on the part of the Client and (or) non-transfer (late transfer) to the CONTRACTOR of the documents necessary for the latter to fulfill the obligations assumed, with deduction of the actual costs spent on fulfilling these obligations at the time of cancellation (booking and payment of the hotel, ticket, etc.). The CONTRACTOR has the right to regard the failure to make full payment of the tour on time as a fact of the Client’s unilateral withdrawal from the Contract.
2.2.2. In case of cancellation of the Client’s confirmed application on his initiative, as well as in case the Client is unable to make a trip for any reasons beyond the CONTRACTOR’s control, including in connection with the refusal of the embassy/consulate of a foreign state to issue a visa, the CONTRACTOR has the right to withhold from the Client his actual expenses, including fines of counterparties and other financial sanctions imposed on the CONTRACTOR by third parties, in connection with the cancellation of booked services in accordance with clause 4.2. of this Agreement.
2.3. The Client undertakes:
2.3.1. Upon conclusion of this Agreement, provide the CONTRACTOR with a set of documents to the extent necessary for the provision of the Service (including passport, photos, personal and other information, other documents that may be requested by the competent authorities of the Czech Republic and the countries of temporary residence in which Services are provided under this Agreement), accurate information about your address and phone number for operational communication.
2.3.2. To inform the CONTRACTOR of the information about the circumstances preventing the provision of the Service, which, among other things, include:
– various kinds of diseases and related medical contraindications (in relation to changes in climatic conditions, different types of movement, peculiarities of national cuisine, the use of medicines, etc.);
– past conflict situations with government agencies, for example, a ban on entry into a certain state or a group of countries;
– the Client’s foreign citizenship, the established visa regime between the country of departure and the country of which the Client is a citizen;
2.3.3. When concluding an Agreement in favor of third parties, familiarize them with the terms of this Agreement and all necessary information.
2.3.4. Comply with the established rules of transportation, departure from the Czech Republic and entry into the Czech Republic, as well as similar rules of the country of temporary stay, the country of transit and the rules of stay in their territories, the legislation of the country (place) of temporary stay, respect its social structure, customs, traditions, religious beliefs, observe personal safety rules during travel, rules of accommodation in a hotel (other accommodation), when crossing the border in case of travel with a minor child, have the original birth certificate with you.
2.3.5. In case of unilateral refusal of services, compensate the CONTRACTOR for the expenses actually incurred by him for the purposes of fulfilling this Agreement.
2.3.6. In case of claims to the quality of Services and conflict situations, the Client is obliged to immediately (within 48 hours) inform the CONTRACTOR about them by work phones or outside the CONTRACTOR’s work schedule by emergency phone for their prompt elimination.
2.3.7. To compensate in full the damage caused to the CONTRACTOR and/or the receiving party and/or the expenses actually incurred by them as a result of illegal, intentional, negligent, other actions.
2.4. The Client has the right to:
2.4.1. To receive timely information in accordance with clause 2.1.3. of this Agreement, request explanations from the CONTRACTOR and get acquainted with the necessary information, including through the CONTRACTOR’s website pelagiot.com
2.4.2. Reflect the essential conditions for the provision of Services when placing an order. Otherwise, the replacement of any Service with a similar or higher quality Service is not a violation of the terms of the Contract on the part of the CONTRACTOR.
2.4.3. Terminate this Agreement, as well as change the terms of booking Services (according to clause 4.2.-4.4. of the Agreement).
2.4.4. To assist the authorities of the country of temporary residence in obtaining legal and other types of assistance, to receive emergency medical care without hindrance.
2.4.5. To ensure personal safety, their consumer rights and the safety of their property, unhindered access to emergency medical care.
2.4.6. In case of non-fulfillment (improper fulfillment) by the CONTRACTOR of the terms of the Contract for damages in accordance with the procedure established by law.
2.4.7. In the event of circumstances in the country of temporary stay, confirmed in accordance with the established procedure, posing a threat to the safety of life, health, property of the Client, the Client has the right to amend this Agreement or terminate it and receive a refund of the full cost of Services, or part thereof, in proportion to the cost of services not rendered.
- Terms of payment and booking of services
3.1. Settlements between the Parties are made in rubles at the rate of the CONTRACTOR on the day of payment. When paying for services in several payments, payment is made at the rate set on the day on which the corresponding part of the payment is made.
3.2. Due to the fact that the CONTRACTOR starts booking Services after receiving the order from the Client, the Client pays 100% of the cost of services on the day of conclusion of this Agreement, or in exceptional cases, by agreement of the Parties – at least 50% of the Contract price 40 days before the start date of Services, 100% of the Contract price must be paid no later than 21 days before the start of Services.
3.3. The minimum period for confirming the booking of Services (by phone, e-mail, fax of the CONTRACTOR) for any form of payment is three working days, unless otherwise agreed by the Parties.
3.4. The date of payment is the date of receipt of funds to the CONTRACTOR’s account. Services are considered to be paid in full from the moment the CONTRACTOR receives funds for them in full. Prepayment is taken into account in the final settlement of the Parties.
3.5. From the moment of confirmation of the services, the Client’s refusal of the Services (including non-receipt of payment in full in accordance with clause 3.2., non-submission / late provision to the CONTRACTOR of documents necessary for the execution of the Contract), changes in the terms of the application entail the consequences provided for in clauses 4.2., 4.4., 4.5. of this Agreement.
- Terms of modification, termination of the Contract
4.1. The Agreement may be terminated prematurely, amended:
– by agreement of the Parties;
– at the initiative of one of the Parties, subject to the conditions of early termination and reimbursement of expenses provided for in this Agreement;
– in case of a significant violation by the Client or the CONTRACTOR of the obligations under the Contract;
– in the event of unforeseen circumstances that significantly affect the performance of obligations under this Agreement, which the Parties did not foresee and could not foresee at the conclusion of the Contract;
– on the basis of other circumstances agreed by the parties.
4.2. The Client has the right to refuse to perform this Agreement or the confirmed Services (part of the Services), provided that the CONTRACTOR is compensated for the actual expenses incurred. Actually incurred expenses of the CONTRACTOR are recognized as any expenses incurred for the purpose of fulfilling the Contract. The fact of these expenses is documented, including fines and penalties paid by the CONTRACTOR to third parties – its counterparties (hotels, guides, carrier, insurer).
4.3. Upon termination of this Agreement on the initiative of the Client, the latter additionally (regardless of compensation for the actual expenses incurred) pays (compensates) the cost of the CONTRACTOR’s services for the search, selection and booking of Services, which is 850 rubles.
4.4. The amendment and termination of this Agreement shall be made in writing. The date of changing the terms of the Contract, cancellation of the reservation is determined at the time of receipt of the Client’s written application to the Contractor.
4.5. Any changes and additions initiated by the Client in the package of ordered Services, departure and arrival dates, as well as other essential terms of the Contract entail recalculation of the Contract price. The actual expenses of the CONTRACTOR are included in the cost of the recalculated set of Services.
4.6. Late or incomplete payment by the Client of the Contract price, failure to submit (late submission) of documents (information) necessary for the execution of the Contract is considered as a unilateral refusal by the Client to execute the Contract with the application of the consequences provided for in clause 4.2. of the Contract.
- Responsibility of the Parties
5.1. For non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties are responsible in accordance with the current legislation and the terms of liability provided for in this Agreement.
5.2. The CONTRACTOR is responsible to the Client for the actions (inaction) of third parties to whom the CONTRACTOR is assigned to fulfill part or all of its obligations to Customers.
5.3. The CONTRACTOR shall not be liable for negative effects and losses arising out of events and circumstances that are outside the scope of its competence and for actions (omissions) of third parties, namely:
for services not included in the paid Service and purchased by the Client in the case of non-performance or improper performance of such services, their cost and the resulting costs incurred by the Customer will not reimburse;
– for the actions of consulates (embassies) of foreign states;
– for the actions of customs, border and immigration authorities;
– for the consequences of the Client’s violation of customs and border regulations, rules of travel and baggage transportation, as well as violations of special rules of conduct in the country of temporary stay, etc.;
– for the Client’s failure to show up or being late for registration at the port of departure, to the gathering place of the group;
– for the Client’s lack of properly issued passports by the time of the start of the trip;
– for the authenticity of the documents (the accuracy of the information contained in them) that the Client provided to the CONTRACTOR for visa processing.
5.4. The Parties are not responsible for the decisions of official Czech or foreign organizations that have caused damage to the Client, unless these decisions were caused by the guilty actions of the Parties to this Agreement.
5.5. The Client is informed that shops, restaurants, parking lots may be located in the immediate vicinity of the hotel, pedestrian and automobile roads may pass, as a result of which undesirable noise effects may occur. At the same time, these phenomena are outside the scope of the CONTRACTOR’s competence and he is not responsible for these circumstances. The CONTRACTOR is not responsible for the weather conditions in the country of the Client’s temporary stay.
- Claims and dispute resolution procedure
6.1. In case of disagreement under this Agreement, the Parties will make every effort to resolve the conflict situation through negotiations.
6.2. This Agreement provides for a preliminary claim procedure for resolving disputes by exchanging written claims and responses to claims.
6.3. If disagreements between the Parties cannot be resolved through negotiations and in a claim-based manner, they are subject to resolution in court in accordance with the current legislation.
6.4. Claims to the quality of Services can be promptly eliminated by the CONTRACTOR if the CONTRACTOR is informed about it in a timely manner.
- Force majeure
7.1. In case of force majeure (force majeure), the parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement.
7.2. The Party for which, due to the occurrence of force majeure circumstances, it has become impossible to fulfill obligations under this Agreement, must inform the other Party of the occurrence (or termination) of these circumstances immediately or within three days from the moment of discovery of the fact of their occurrence (or termination).
- Personal data
8.1. The Client hereby gives written consent to consider the personal data transferred to the CONTRACTOR as publicly available personal data for the duration of the Contract.
In the interests of fulfilling the Contract, only the following personal data are publicly available
– surname, first name; registration address; passport number, information about the date of issue and the authority issuing the passport; year, month, birthday; gender; all data transmitted to the CONTRACTOR for obtaining an entry visa.
In order to fulfill the Contract, an unlimited number of persons may have access to publicly available personal data, the processing of which the Client consents to.
8.2. The Client is aware and agrees that publicly available data may be processed by the CONTRACTOR and third parties in the interest of the Client by the method of mixed (including automated) processing, systematized, stored, distributed and transmitted using the public Internet network to third parties, including using cross-border data transmission on the territory of foreign states that do not adequately protect the rights of personal data subjects.
8.3. This consent is given by the Client for the duration of the Contract.
This consent is considered revoked in case of early termination of the Contract for any reason.
8.4. By this consent, the Client obliges the CONTRACTOR and third parties to immediately stop processing personal data after the termination of the Agreement or the withdrawal of this consent by the Client. They must destroy the content of personal data in the information system and on tangible media within a period not exceeding three working days from the date of expiry of the limitation period under the Contract, and if the legislation establishes a storage period for documents containing personal data, then within a period not exceeding three working days from the date of expiry of their storage period established by law. The CONTRACTOR must also oblige all third parties to whom personal data has been transferred to these actions. The Client agrees that no additional notification of these circumstances should be sent.
8.5. The Client undertakes to provide on behalf of all persons on behalf of whom the contract is concluded (signed) within the time required by the CONTRACTOR for the execution of documents for the provision of Services The contract, their written consent to the processing of their personal data, as well as to consider their personal data as open personal data.
8.6. In case of non-fulfillment of the obligation specified in clause 8.5. of this Agreement, all adverse consequences, including financial, are borne by the Client independently.
8.7. In case of non-fulfillment by the Client of the obligation specified in clause 8.5. of this Agreement, the CONTRACTOR is released from any responsibility for the fulfillment of obligations under the Agreement to third parties from whom written consent to the processing of their personal data has not been provided.
- Additional conditions
9.1. This Agreement is drawn up in 2 copies having the same legal force. The contract comes into force from the moment of its conclusion by the Parties and is valid until the end date of the tour.
9.2. All amendments and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the Parties. It is possible to sign the Contract, as well as make changes to it by facsimile, in scanned form by e-mail with subsequent exchange of originals by the Parties.
9.3. The text of this Agreement is published on the CONTRACTOR’s website pelagiot.com .
9.4. Before signing this Agreement, the Client is familiar with the Services ordered and all the information provided for by law, in accordance with clause 2.1.3. of this Agreement, and undertakes to familiarize with it also the persons in whose favor this Agreement is concluded.
9.5. By signing this Agreement, the Client confirms that he has read and agrees with the terms of the Agreement, the terms of the Agreement are clear, full information about the Services purchased has been received. The client confirms that all information about the socio-political, sanitary and epidemiological situation, about the possible risk of infection with a flu-like disease, about events at checkpoints across the state border of the Czech Republic carried out against persons who arrive from countries that are unfavorable in the epidemic relationship, about flu symptoms, personal prevention measures, about actions in case of illness, about the current situation of the country of temporary residence, according to media reports and decisions of official bodies, including recommendations on the safety of life and health, just before the start of the trip received.
- Details of THE CONTRACTOR
Pelagio Twice s.r.o.
ICO: 118 44 736
110 00, Czech Republic, Prague 1, Rybna str. 716/24
Telephone: +420 734 621 584