TERMS AND CONDITIONS
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A) Provision of Guiding Services
These General Terms and Conditions (hereinafter "GTC") govern and supplement the mutual rights and obligations of the parties to the service contract for guiding services concluded between the guide and the participant (hereinafter also "client" or "customer").
1. INTRODUCTORY PROVISIONS
1.1. The guide is an entrepreneur registered in the relevant register under the registration number stated in the header, operating under the trade license "Manufacture, trade and services not listed in Appendices 1 to 3 of the Trade Licensing Act," in field no. 71 "Operation of a travel agency and guiding activities in the field of tourism" within the scope of Government Regulation No. 278/2008 Coll., on the content of individual trades.
1.2. According to the above-mentioned government regulation, the guide is authorized mainly to offer, sell, and mediate the sale of individual tourism services and to organize, offer, and mediate the sale of combinations of individual tourism services, except for the sale of package tours. This includes accompanying groups or individuals, providing commentary on cultural and natural heritage, arranging other necessary activities connected with accompanying groups or individuals, managing and supervising itineraries, securing the program, providing basic information during the trip including practical information related to the place of stay, and providing basic assistance to accompanied persons.
1.3. If the client requests a combination of services that the guide is not authorized to provide by law, such services or parts thereof will be provided through a cooperating, duly registered travel agency with valid insolvency insurance. The client will be clearly informed about this in advance.
2. RIGHTS AND OBLIGATIONS OF THE GUIDE
2.1. The guide is a self-employed person registered under the registration number stated, operating under the trade license "Manufacture, trade and services not listed in Appendices 1 to 3 of the Trade Licensing Act," in field no. 71 "Operation of a travel agency and guiding activities in the field of tourism" within the scope of Government Regulation No. 278/2008 Coll., and declares that they are authorized to provide guiding services as an entrepreneur according to the Trade Licensing Act and meet the general conditions for operating a trade (full legal capacity, good character) required for obtaining the trade license for a free trade.
2.2. The guide is obliged to provide guiding services to the client in the agreed destination, scope, and date. Guiding services include organizational support of the expedition, provision of necessary information, and mediation of agreed travel services.
2.3. The guide is entitled to be represented by a substitute.
2.4. The guide does not provide and is not authorized to provide any other services except guiding services, such as accommodation, transport, or meals. Therefore, the trip with the guide is not a package tour within the meaning of §2521 et seq. of Act No. 89/2012 Coll., Civil Code, and the client is not protected by the provisions of the law as a participant in a package tour.
2.5. The guide is entitled to change or terminate the agreed program or parts thereof at their own discretion if required to protect the life, health, or property of any client or themselves.
2.6. The guide is obliged to provide guiding services within the agreed scope, acting based on their experience and knowledge of local conditions.
2.7. The guide commits to providing participants with practical information about accommodation, transport, meals, and other local conditions. The guide will assist remotely with advice and support in solving accommodation and transport issues but is not authorized to personally arrange or provide these services.
2.8. The guide is liable for damages according to applicable legal regulations. The guide is not responsible for damages resulting from invalidity, defects, or incompleteness of information in documents arranged by the participant themselves.
3. RIGHTS AND OBLIGATIONS OF THE CLIENT
3.1. The client is obliged to pay the agreed price for the guiding services by the agreed date.
3.2. The client participates in the trip with the guide to Cuba at their own risk, after responsible consideration of their current health, physical and mental capabilities, and expected conditions in the destination - Cuba.
3.3. The client must secure travel insurance at their own expense before participation in the expedition, covering illness, injury, baggage, and liability insurance. The guide is not obliged to assist with consequences for uninsured clients.
3.4. The client and guide will agree on the itinerary before the trip – it may be fixed or flexible. This will be explicitly stated in the contract.
3.5. Changes in the program are not grounds for a discount. If the client leaves the group and does not continue the program, they are not entitled to any refund for unused services.
3.6. The client must follow the guide's instructions to ensure the trip proceeds as agreed. They must treat other clients respectfully and without conflict. The client acknowledges that some wishes conflicting with local laws or endangering health or life may not be fulfilled.
3.7. The client may raise objections to changes in the program, the guide's conduct, or other participants' behavior. Not using all services does not entitle the client to a discount.
3.8. The client must have a valid passport with at least six months validity after return and sufficient blank pages.
3.9. The client must obtain necessary visas at their own name, cost, and responsibility, and arrange transport, accommodation, and meals independently. The guide will provide relevant information and advice.
3.10. The client must assess their health and physical ability to safely undertake the service.
3.11. The client must follow the guide's instructions concerning any service limitations (age, health, difficulty, etc.). Use of services is at the client's own risk, having been informed of possible risks.
4. TERMINATION OF THE CONTRACT
a) By the Guide
4.1. The guide may withdraw from the contract before providing services due to serious illness, injury, risky pregnancy, or serious illness, injury, or death of a family member. In such case, the guide will try to provide an adequate substitute or alternative solution (remote assistance, local accompaniment).
4.2. The guide may withdraw if participant numbers fall below the minimum for group expeditions.
4.3. In cases above, the guide will refund the agreed price for guiding services, except for fees for already provided services.
4.4. The guide may terminate the contract during service provision if the client breaches obligations, especially by disrupting the expedition (e.g., repeated social misconduct, aggression, conflicts). The client is not entitled to any refund in this case.
b) By the Client
4.5. The client may withdraw without reason before service provision. Withdrawal fees apply as follows:
10% if a replacement participant is found at least 15 days before departure
50% if no replacement is found at least 15 days before departure
100% if withdrawal is later than 15 days before departure and no replacement found
4.6. The client may withdraw due to serious illness, injury, risky pregnancy, or family illness/death with official documentation.
5. LIABILITY FOR DAMAGE
5.1. The guide is not liable for damage caused by other service providers, third parties, or extraordinary unpredictable obstacles beyond the guide's control.
5.2. Both guide and client must act to avoid harm to themselves, others, or property.
5.3. The guide's liability is limited to the amount paid for the guiding services.
6. INFORMATION ON OUT-OF-COURT DISPUTE RESOLUTION AND GDPR
6.1. If a consumer dispute arises and cannot be resolved amicably, the client may submit a proposal to the Czech Trade Inspection Authority for out-of-court dispute resolution.
6.2. The client acknowledges the guide processes personal data provided in the application and contract, including audio and video recordings related to the service. The client has the right to information about personal data processing. The guide declares data will be used solely for service provision, marketing, and accounting.
7. GOVERNING LAW
7.1. These GTC take precedence over statutory provisions if the law permits deviation. These Terms and Conditions are governed by the laws of the European Union, specifically the laws of the Czech Republic.
7.2. The contract and GTC are governed by Act No. 89/2012 Coll., Civil Code, and other applicable laws. Disputes fall under general courts' jurisdiction.
B) Customized Travel Plan / Itinerary (Digital Product)
CONTRACT FORMATION
1.1. The contract is preceded by filling out a request form electronically or by phone, followed by a consultation up to 60 minutes about trip expectations. Consultation may be in person, by phone, email, messaging platform, video call, or other agreed means.
1.2. The client will receive an invoice for the agreed amount. Payment completes the contract, and the client becomes the customer.
1.3. Within 3 days of payment (unless otherwise agreed), the itinerary, recommendations, travel advice, packing tips, and orientation information will be sent by email.
1.4. A pre-trip consultation of up to 3 hours will be provided, similarly by agreed means.
2. RIGHTS AND OBLIGATIONS OF THE GUIDE
2.1. The guide is a self-employed entrepreneur registered as described above, authorized to provide guiding services.
2.2. The guide does not provide any other services such as accommodation or transport. The expedition is not a package tour, and the client is not protected as a package tour participant.
2.3. The guide declares that itinerary information is approximate and is not liable for damages caused by following it.
2.4. The guide is obliged to prepare the itinerary within the agreed scope, based on experience and local knowledge.
2.5. The guide will provide practical information and remote assistance (e.g., via WhatsApp) on accommodation, transport, meals, but is not authorized to arrange these personally.
2.6. The guide is liable for damages according to laws and contract terms but not for damages from invalid or incomplete information in documents arranged by the client.
3. RIGHTS AND OBLIGATIONS OF THE CLIENT
3.1. The client must pay the agreed price by the agreed date.
3.2. The author of the itinerary is not liable for situations during the client's trip.
3.3. The client agrees not to share the itinerary with third parties (except participants) or distribute it, under penalty of 10 000 eur or american dollars.
3.4. Payment constitutes agreement to these terms.
4. WITHDRAWAL FROM THE CONTRACT
4.1. The client may cancel any time before the itinerary is sent. After delivery, the right of withdrawal expires as this is a digital content service begun with explicit consent per §1837(l) of the Civil Code.
5. OUT-OF-COURT DISPUTE RESOLUTION AND GDPR
5.1. Consumer disputes unresolved amicably may be submitted to the Czech Trade Inspection Authority.
5.2. The client acknowledges personal data processing as described above.
6. GOVERNING LAW
6.1. These GTC prevail over statutory law if permitted. These Terms and Conditions are governed by the laws of the European Union, specifically the laws of the Czech Republic.
6.2. The contract is governed by Act No. 89/2012 Coll., Civil Code, and disputes fall under general courts.
These General Terms and Conditions are valid as of 11.05.2025
Nikola Abudová
Business ID: 05 67 24 90