Terms & Conditions

General Terms and Conditions and Terms of Use

(hereinafter the “Terms & Conditions”)


Article I

Preamble

1.

These Terms and Conditions govern the mutual rights and obligations of the Operator and the User of the Services provided through the website available at www.bookprivateguide.com, as well as the basic Terms of Use.


Article II

Definitions of Terms

1.

Unless specified otherwise, the following terms shall have the following meanings:

  1. The “Operator” is Book Private Guide s.r.o., registered office: Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, CID: 088 84 161, company registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 326975;

  2. The “User” is any person other than the Operator who uses the Operator’s services provided on the website. This is therefore both the person ordering the service and the person who participates in the provided services as a guest, escort, recipient, etc.;

  3. The “Terms & Conditions” mean these General Terms and Conditions and Terms of Use (this document);

  4. “Civil Code” means Act No. 89/2012 Coll., Civil Code, as amended;

  5. “GDPR” means Regulation (EU) 2016/679;

  6. “Personal data” mean any information about a natural person that can be identified, directly or indirectly, in particular by reference to a particular identifier, such as name, identification number, location information, network identifier or one or more specific physical, physiological, genetic, psychological, economic, cultural or social identities of this natural person;

  7. “Agreement” means a bilateral or multilateral legal act consisting of the mutual rights and obligations of the Operator and the User arising from the Services ordered by the User on the Operator’s website or by e-mail;

  8. “Website” means the information and service(s) available at domain https://www.bookprivateguide.com;

  9. “Code of Ethics” means a summary of the code of conduct of the Operator, User or a Third Party when using the Services as set forth in Article IV of these Terms and Conditions;

  10. “Third-party” means any person other than the Operator or User, in particular an ordinary visitor to the Website;

  11. “Services” means packages, events, programs, activities or similar activities published on the Website that are provided by the Operator and which the User may order via the Website or e-mail. A Service also means a combination of individual Services offered by the Operator or the creation of customized services according to the wishes of the User;

  12. “e-mail” means electronic mail used to send, deliver and receive messages via electronic communication systems (e.g. Gmail, Hotmail, Yahoo Mail, etc.);

  13. “Price” means the financial amount for the mediated Services specified on the Website of the Operator for each Service or fulfillment, or the Price sent to the User by the Operator as the proposed Price for Custom Services according to the requirements of the User.


Article III

Description of Services

1.

The Operator’s Website provides a list of Services provided by the Operator to the User-based on the User’s order via the Website or email.

2.

As part of the provision of Services, the Operator offers paid services consisting of:

  1. Organizational Services;

  2. Mediation Services.

3.

Under no circumstances is the Operator a provider of its provided Services, wherein the activities of the Operator primarily consist of the actions specified in paragraph 3.2 of these Terms and Conditions, unless specified otherwise, i.e. the Operator mediates the third-party activities, i.e. entities different from the Operator. The Operator is also not liable for any damage, injury, illness, death, etc. occurring during the provision of the Services or in connection with the provision of the Services. With respect to this, the Operator recommends arranging travel medical insurance or other suitable insurance. The Operator is also not responsible for the course of the Service (e.g. whether the Service is provided in Va vehicle of a certain color, whether the persons providing the Service are dressed in a particular type of clothing, etc.).

4.

The User acknowledges that even in case of bad weather, the ordered Service is still valid and only adapts to its current conditions. The Operator reserves the right in exceptional cases such as heavy winds, persistent rain with storms, etc. to change the date or refund the ordered Service.

5.

The Operator informs the User that the photographs on the Website are for illustration only, unless otherwise stated. The appearance of vehicles, sights etc., therefore, may differ from the photographs, unless otherwise stated.

6.

The User acknowledges that if he or she is not equipped with the required clothing, footwear or equipment related to a particular Service, he or she may not be allowed to carry out the activity by the provider. In such a case, the Operator is not responsible for the failure to provide such services and the User is also not entitled to any payment, refund, rebate or similar fulfilment.

7.

A User, who is a consumer, shall be entitled to withdraw from the Agreement within 14 days from the date of the Agreement is concluded without giving any reason. In order to comply with the Agreement withdrawal period, it is sufficient to send the withdrawal from the Agreement before the expiry of the relevant period. In the event of a valid withdrawal from the Agreement, the Operator shall refund all payments, except as provided in these Terms and Conditions, within 14 days of receipt of the withdrawal from the Agreement.

8.

For an order for a Service where the date of fulfilment shall be determined by the User in a period of less than 14 days before the date of the Service (the User orders the Service less than 14 days before the date of the Service), the User shall not have the right pursuant to paragraph 3.9 (Section 1837, letter a), Civil Code).

9.

A User, who is a consumer, may not withdraw from the agreement in other cases referred to in Section 1837 of the Civil Code. Thus, a User who is a consumer cannot, in particular, but not exclusively, withdraw from an agreement on guide activity, transport or leisure activities if the entrepreneur provides these services within a specified time (e.g. sights tickets, etc.).

10.

In the event of withdrawal from the Agreement, such withdrawal from the Agreement shall be sent by the User to the Operator’s registered office or by e-mail to email address info@bookprivateguide.com within 14 days of the date the Agreement is concluded. 

11.

The Operator hereby informs the User that the User shall be obliged to pay the proportional part of the price in the event of withdrawal from an agreement whose subject matter is the provision of Services and whose fulfilment has already begun.

12.

The Operator hereby informs the User that with regard to the fact that an order for services includes arrangements for the precise period of fulfilment, and with regard to the fact that it arises from the nature of the Agreement that the user may be interested in delayed fulfilment, the obligation (Agreement) concluded between the Operator and the User shall be terminated upon the delay of the User (so-called fixed agreement).

13.

By accepting these Terms and Conditions, the User expresses his or her will that if the Operator is late in the fulfilment pursuant to the concluded Agreement, the User shall no longer persist in this fulfilment, even if it arises from the nature of the provided Services from the Agreement that the User cannot be interested in later fulfilment.

 

Article IV

Code of Ethics

1.

The User acknowledges and agrees that he or she is always obliged to observe the legal standards of the Czech Republic when providing the Services by the Operator.

 

Article V

Price for Services

1.

The Price for Services is always specified on the Operator’s Website, unless specified otherwise in the Terms and Conditions.

2.

The Price for Services always includes the activities specified in the Services description on the Website. The Price for Services may also include additional accompanying services (e.g. purchase of the necessary tickets, etc.), in which case this is always stated in the description of the specific Services.

3.

For a Service that is customized for the User according to the User’s wishes, the Price for this service shall always be imparted to the User before the Agreement is concluded.

4.

The Price for Services is always specified including the applicable VAT.

5.

The Price for Services does not include:

  1. Transportation, unless specified otherwise;

  2. Insurance;

  3. Entrance fees or other expenses not previously stated in the Services description or individually agreed;

  4. Food and drinks, unless specified otherwise for a specific Service.

 

Article VI

Order of Services, Reservations, Deposit

1.

The User shall be entitled to order any Services specified in the Website, or a combination thereof.

2.

A Service or a combination of Services can be ordered exclusively via the Website or by email at the Operator’s email address info@bookprivateguide.com

3.

For the successful completion of an order, it is necessary to provide (pay) a deposit of 100% of the Price (hereinafter also the “Deposit”). The Deposit represents a confirmation of interest in mediation of Services. The reservation of the Services shall be confirmed to the User as soon as the above Deposit has been paid by the User (by crediting the Deposit amount to the relevant account of the Operator).

4.

The User may pay the Deposit via the Stripe or PayPal internet payment systems to the accounts of the Operator specified in the order of the relevant Service.

5.

If a Service is ordered by the User less than 14 days before the implementation of the Service (the User orders the Service less than 14 days before the date the Service is provided) and the Service is not provided due to a reason on the part of the User, the User shall not be entitled to the return of the paid Price for Services.

6.

If part of the mediated Service is the purchase of tickets or other valuables, in addition to the deposit pursuant to paragraph 6.3 of the Terms and Conditions, the User shall be required to pay 100% of the selling price to ensure such a timely purchase. The price for such demonstrably incurred costs in connection with the mediated service is not returned to the User. At the same time, the user acknowledges that the selling price of tickets or other valuables may be higher than their nominal price, reflecting the Operator’s costs associated with their purchase.

 

Article VII

Concluding an Agreement, Custom Service and Contractual Penalty

1.

If the User orders a Service or a combination of Services that the Operator advertises on the Website as complete (preconfigured) packages via the Operator’s Website or e-mail, the Agreement shall be concluded when the order for Services is delivered to the Operator.

2.

If the User orders a Service or a combination of Services that the Operator does not advertise on the Website as complete (preconfigured) packages and the User is interested in creating a so-called Custom Service Package, the User shall send a request for such a package to the email address of the Operator (info@bookprivateguide.com). This request will be considered an offer to create a specific Service Package. If the Operator is able to create this Custom Service, the Operator shall send to the User to his or her e-mail address from which User made the offer a confirmation of interest with the price proposal for such a Custom Service Package. The User may accept or refuse such a Custom Service Package. If the offer is accepted, the User shall send to the Operator a response to this e-mail, stating that he or she agrees with the contents of the Service for the specified price (hereinafter also the “Acceptance Email”). In such a case the Agreement shall be concluded when the acceptance of the offer comes into effect, i.e. when both Parties (the Operator and the User) agree on the content and price of the Service (the User sends an Acceptance Email to the Operator)

3.

As soon as the Agreement is concluded, the Operator will make every effort to mediate the ordered Services to the User. Until the payment of the total Price for the Service (at the time the relevant amount is credited to the Operator’s account), the Operator shall not be obliged to pay anything and will not be overdue as a consequence thereof.

4.

If the User concludes an Agreement with the Operator and then the Services are not provided to the User because of cancellation or underutilization of the Services by the User within less then 21 calendar days prior to the Services, the User shall be obliged to pay to the Operator a contractual penalty in the amount of 100% of the Price. This contractual penalty shall be due at the moment when the Services are not subsequently mediated for the User because of cancellation or underutilization of the Services by the User.

5.

If the User concludes an Agreement with the Operator and then the Services are not provided to the User because of cancellation of the Services by the User within more than 21 calendar days prior to the Services, the User shall be obliged to pay all fees for credit card transactions associated with the conclusion of the Agreement and refunding the amount of the ordered Services. These fees shall be due at the moment when the Services are not subsequently mediated for the User because of cancellation of the Services by the User.

6.

The User acknowledges that in accordance with the Civil Code (Section 1982 et seq. Civil Code) the Operator shall be entitled to unilaterally offset its claim to a contractual penalty pursuant to paragraph 7.4 toward the receivable of the User for the return of the Deposit (the Deposit paid by the User pursuant to paragraph 6.3 of the Terms and Conditions). In such a case the Deposit shall not be returned to the User and the Operator shall only inform the User (e.g. by email) that it unilaterally offset its claim to a contractual penalty pursuant to paragraph 7.4 toward the receivable for the return of the Deposit.

 

Article VIII

Claims

1.

The User shall be entitled to exercise rights from defective fulfilment with the Operator pursuant to the Civil Code (in particular Sections 1914 to 1925, Civil Code).

2.

In the event of a mistake on the part of the Operator, the User shall be entitled to claim reasonable compensation or a discount on the price. In the event of a mistake on the part of the Operator regarding the content of a Service (if the Service does not contain the ordered fulfilment), reasonable compensation shall be deemed to be free mediation of the replacement of the missing fulfilment at another agreed date, unless the Parties agree otherwise. If this is not possible (e.g. the given part of the Service is temporarily unavailable, the User is already leaving the Czech Republic, etc.), the User shall be provided with a discount equal to the part of the Service not provided. In the event that there are deficiencies in the Services provided that were caused by incorrect specification of the request by the User, the User shall not be entitled to a refund or a discount on the price.

3.

The deadline for exercising rights from defective fulfilment is 30 calendar days from the date of provision of the Services. After the expiry of this period the User’s right to a claim expires.

4.

Unless agreed otherwise, payments, refunds, price discounts and similar fulfilment are returned to the User via funds being sent to the bank account communicated by the User to the Operator for this purpose.

5.

Claims can be exercised with the Operator via email contact info@bookprivateguide.com.

6.

The Operator cannot and does not provide an uninterrupted functionality warranty or error-free operation of the Website. The Operator is therefore not responsible for any short-term outages of the Website.

7.

The User acknowledges that pursuant to the provisions of Section 1837, Civil Code, it is not possible, inter alia, to withdraw from the agreement for the provision of services which has been modified according to the User’s wishes, or for the User.

 

Article IX

Personal Data

1.

The User acknowledges that in connection with the ordering of the Services, his or her personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR). For this purpose, the User is provided with the following information:

 

Administrator

Book Private Guide s.r.o.

Company Id No. 088 84 161

registered office: Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8

company registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 326975

(Operator)

Purpose of processing

Provision of Services

Legal reason

Article 6, paragraph 1, letter a), GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract upon the request of the data subject, and Article 6, paragraph 1, letter b) GDPR: processing is necessary for compliance with a legal obligation to which the administrator is subject;

Description of the categories of data subjects

Users.

Description of the categories of personal data

Name and surname, date of birth, permanent residence, and email address.

Personal data recipients

The recipient of personal data is exclusively the Operator, or state administration bodies specified by a special legal regulation (in particular the tax office).

Deadline for deletion

The personal data of the User is deleted after the provision of a Service. Accounting documents containing the User’s personal data are physically liquidated 5 years after the end of the accounting period to which they relate. If the Operator is a VAT payer, the tax documents containing the User’s personal data are physically liquidated 10 years after the end of the taxable period in which the chargeable event occurred.

Technical and organizational measures

Controlled access to data, training of authorized persons, encryption of electronic data.

Processor

Not used.

 

 

In relation to the processing of his or her personal data, the User has the right to request from the Operator access to his or her personal data, the right to correct the data, the right to their portability, the right to file a complaint with the Office for Personal Data Protection (www.uoou.cz), wherein the User shall not be entitled to request the deletion of his or her personal data, or the limitation of their processing, if the personal data of the User are necessary to fulfil the legal obligation applicable to the Operator.

 

Article X

Information on the Entity for Out-of-court Settlement of Consumer Disputes

 

1.

The entity for out-of-court settlement of consumer disputes between the User and the Operator pursuant to the provisions of Section 14, paragraph 1, Act No. 634/1992 Coll., Consumer Protection Act, as amended, is: THE CZECH TRADE INSPECTION (www.coi.cz).

 

Article XI

Responsibilities of the Operator

1.

The User acknowledges that unless otherwise provided by the applicable legal regulations, the Operator shall not bear any responsibility for:

  1. the content of provided Services;

  2. a Service is unavailable (e.g. tickets are sold out, etc.);

  3. damage, injury, health damage or death that occurs in the provision of the Services or in direct connection therewith;

  4. if the date of the implementation of a Services is missed for reasons on the part of the User (e.g. the User does not arrive at the location where the Service is provided on time due to traffic, etc.);

  5. course of a Service (e.g. whether the Service is provided in a vehicle of a certain colour, whether the persons providing the relevant Service are dressed in a certain type of clothing, etc.);

  6. other circumstances which, by their nature, imply that the Operator cannot be held responsible.

 

Article XII

Changes to the Terms and Conditions

1.

The Operator reserves the right to unilaterally change these Terms and Conditions.

2.

The Operator shall always announce a change to the Terms and Conditions, including an explanation of the new Terms and Conditions, on the Website after the changes to these Terms and Conditions are issued.

3.

With regard to a change to the Terms and Conditions, these new Terms and Conditions shall not apply to an agreement concluded before the change to the Terms and Conditions.

4.

A change to the Terms and Conditions shall come into effect toward the User on the date such a change is published on the Website.

 

Article XIII

Closing Arrangements

1.

The rights and obligations not regulated by these Terms and Conditions are governed by the legal order of the Czech Republic. For the avoidance of all doubts, the Operator declares that it has chosen the law of the Czech Republic as the applicable law.

2.

Any disputes shall be decided on by a materially and locally competent court in the Czech Republic.

3.

The decisive language between the User and the Operator is the Czech language. If any meeting is multilingual, then the Czech version shall be the decisive version.

4.

These Terms and Conditions shall come into effect on 24. 1. 2020.

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