Commercial Terms – Quest in Tour

Commercial Terms

General Provisions

1. Contractual Relationship

2. The Subject of Execution

3. Cost of Services and Payment of the Service Fees

4. Protection of personal information

5. Liability of the Company

6. Liability of the Customer

7. Responsibility of the Parties for Damage and Accidents

8. Amendment to the Agreement

9. Termination of the Agreement

10. Responsibility for Violations In the Provision of Services

11. Payment of Compensation

12. Circumstances of Force Majeure

13. Settlement of Disputes

14. Final Provisions

Annex 1. The Agreement Termination Terms

Annex 2. Claims Process

General Provisions

Please read the terms and conditions of using the website of QuestinTour s.r.o., Business ID 06135803, officially registered at Vamberská 262, 19900 Praha 9, incorporated in the Commercial Register maintained by the Municipal Court in Prague, No. C 276809 (hereinafter referred to as the Company), which govern mutual agreements between the customer (hereinafter referred to as the Customer) and QuestinTour s.r.o., hereinafter referred to as CT (Commercial Terms).

By clicking the acceptance button, the Customer automatically accepts CT and agrees to all the conditions and agreements published on the Company’s website.

If the Customer has any questions or comments when using this website, they should contact the Company by email.

These terms can be updated or cancelled at any time. Therefore, the Company recommends to regularly review the latest version of this page to keep abreast of current CT.

Using the Company’s website, the Customer agrees to the terms of use, but if the Customer does not agree, they may not use this website. The creation, existence, interpretation, execution and all subsequent aspects of these conditions or any provision of these conditions of use are governed by the laws of the Czech Republic.

This website and all materials placed on it are protected by intellectual property rights. They may be the property of the Company, or the Company has the exclusive right to use them. The materials placed on the pages of this website are created by the authors and are presented solely for information. Such materials include design, placement, appearance, graphics, documents, and other content, namely articles, messages, presentations, stories, logos, trademarks (registered or unregistered), and other texts.

Without the written consent of the Company, the Customer has no right to distribute the materials of the website, as well as to copy or modify them, unless otherwise specified. Materials that violate applicable law are not published on the website. The website does not bear any responsibility for advertising materials.

1. Contractual Relationship

1.1. The General Conditions govern the mutual rights and obligations of the Company and its Customers in relation to all offers, applications, services and contracts concluded between them (hereinafter referred to as the Agreement) unless otherwise provided by both parties.

1.2. Documents of the Agreement provide for accepted proposals and applications, on the basis of which the contractual relationship between the Company and the Customer is concluded.

2. The Subject of Execution

2.1. The Company provides the services stated in the specifications of the Agreement, which can be completed for full or partial subsequent execution.

2.2. The Customer undertakes to pay the cost of the services provided under the terms and conditions and in accordance with the Agreement.

3. Cost of Services and Payment of the Service Fees

3.1. The cost of services is indicated on the website of the Company and in the Agreement.

3.2. The cost of one quest tour with voice-over is 38 € (VAT included). The cost of one quest tour without voice-over is 28 € (VAT included). You can find more detailed information on payment methods, discounts and bonuses on the website page in the section «Payment and receiving» . By clicking the acceptance button, the Customer automatically accepts CT and agrees to the conditions specified in this section.

Protection of Personal Data

4.1. From the moment the Customer registers on the website The Company has access to information about their personal data, such as full name, email address and other data.

4.2. Processing of personal data of the Customer is carried out in accordance with the legislation in the field of personal data protection. Detailed information on the protection of personal data is provided in the «Personal information» section of the website. By clicking the acceptance button, the Customer voluntarily decides to provide his personal data and gives consent to its processing.

4.3. To verify the data provided, the Company reserves the right to require proof of identity online or offline. In case of changes in their personal data, the Customer is obliged to correct the data in the system independently, or contact the support service to make changes.

4.4. Information ceases to be confidential if:

  • the information provided to the party under the Agreement was publicly known at the time of the conclusion and validity of the Agreement;
  • the information became public after it was provided by one of the parties to the Agreement, except when this information became public due to a violation of this Agreement;
  • the information was known to one of the parties before it was provided;
  • the party to the Agreement is obliged to provide this information to authorized representatives on the basis of generally binding legal laws.

5. Liability of the Company

5.1. The terms of use of this website do not exclude the Company’s liability, if any, and an attempt to exclude this liability will be considered illegal.

5.2. The Company does not guarantee that the website will be compatible with all or any Hardware or Software used by the Customer. The Company does not guarantee that this website will always be available or that it will be available at a specific moment. The Company reserves the right to shut the website down or modify it. The Company has the right to interrupt, suspend or reject the Customer’s login on this website. The Company does not bear any responsibility for damage or loss resulting from changes in the content of the pages or the inability to use these pages.

5.3. The Company is liable for damage caused to the Customer as a result of a breach of the conditions by the Company. The Company shall not be liable for any damage that unexpectedly resulted from the violation of these conditions by the Company, but if this damage could not have been foreseen on both sides before the Customer logged in the website. In particular, the Company is not responsible for data loss and loss of profits related to the suspension or termination of the website services or the use of additional information from it.

5.4. Please note that data available on this website is intended only for general information and for use by interested parties. The Company strives to ensure that the information on the website is accurate and up to date, but does not bear any responsibility for any inaccuracies; therefore the Customer should not fully rely on this information.

5.5. The Company ensures the security of the Customer’s account from unauthorized access and also undertakes not to transfer or disclose to third parties the information provided by the Customer when registering and using the website, except for the cases described by the legislation of the country in which the user operates.

5.6. The Company is liable for damage caused to the Customer as a result of a violation of obligations if this violation was not caused by circumstances precluding liability under applicable legal laws and/or unprofessional behaviour of the Customer or another user. In this case, the Company is obliged to pay the proven real damages caused to the Customer solely through the fault of the Company, and only the amount paid by the Customer on the basis of the relevant contractual documents (excluding VAT). Lost profits or indirect losses are not reimbursed.

6. Liability of the Customer

6.1. The Customer must have with him a valid travel document that meets the requirements for visiting other countries; follow the laws of the countries visited and have an insurance policy for the duration of the trip. Detailed information is provided in the «Payment and receiving» section of the website. By clicking the acceptance button, the Customer automatically accepts CT and agrees to the conditions specified in this section.

6.2. When travelling on the quest tour, the Customer is fully responsible for his safety and must follow the instructions during the tour.

6.3. If the Customer participating in the tour is under the age of 18, they must provide written consent of their legal representative to use the Company’s services on their own, or to confirm that they are accompanied by the participant over the age of 18. Persons under the age of 15 are not allowed to use the services of the Company on their own. Persons under the age of 15 during the quest tour are provided with support and observation of participants over 18 years of age. Persons accompanying the Customer under the age of 15 years bear full legal responsibility for the Customer.

6.4. The Customer must behave during the trip in accordance with the cultural customs of the visited countries, not cause harm to the nature and the environment, historical and cultural monuments of the visited country.

6.5. If the Customer is under the influence of alcohol or other drugs, if their physical and mental conditions do not meet the requirements of the quest tour program, we may exclude the Customer from the program or prohibit their participation in the tour, or take other reasonable measures to ensure the safety of the Customer. In this case, the Customer can be excluded from participating in the tour without a refund. The Company is not legally responsible for this Customer.

6.6. The Customer is solely responsible for his medical preparations for the trip, its non-compliance is not a reason for leaving the Agreement.

6.7. The Customer claims that they don’t know any restrictions that could prevent them from participating in the tour properly; will respect the instructions of the manager and tour guides; refrain from the use of alcohol and drugs before and during the tour.

7. Responsibility of the Parties for Damage and Accidents

7.1. The Customer is obliged under any circumstances to act in such a way as to prevent damage to themselves, other participants of the tour, the Company and its business partners.

7.2. The Customer undertakes to comply with the recommendations specified in the CT and the Agreements posted on the Company’s website. The seller has the right to exclude the Customer from participating in the tour in case of violation of safety requirements, or the requirements of Section 6 of this Agreement. If the Customer is excluded from participating in the tour as a result of unilateral non-observance of the conditions specified in the CT or the Agreement, they must, prior to the termination of the Agreement, compensate or eliminate the damage caused during the tour.

7.3. The Company shall be liable for damages and losses caused by the violation of their obligations by the Company or its suppliers. The Company shall not be liable for damage that has been caused by the Customer or a third party not related to the provision of services in the event of extraordinary and insurmountable circumstances arising independently of the supplier.

7.4. If the Company incurs expenses in the event of violation of the Customer’s obligations in accordance with Section 6 of the Agreement, the Customer is obliged to reimburse these expenses in full.

8. Amendment to the Agreement

8.1. The Company reserves the right to make some changes to its contractual obligations. In case of significant changes in the contractual obligations, the Company must provide the Customer with a text message in written form. Minor changes do not entitle the Customer to withdraw from the Agreement. Changes are considered accepted by the Customer within 10 days after their official publication on the Company’s website or written notice of the changes sent by email.

8.2. Together with the provision of information on changes in the Agreement, the Company must provide the Customer with information in writing, which will indicate:

8.2.1. impact of proposed changes on the cost of services;

8.2.2. period during which the Customer may withdraw from the Agreement,

as well as the consequences if the Customer didn’t withdraw from the Agreement on time;

8.2.3. options for possible alternative tours and their cost.

8.3. If, after the changes have been made, the Customer does not withdraw from the Agreement within 10 days, they automatically agree to the change of obligations.

8.4. If, as a result of a change in obligations, the quality or cost of the tour is reduced, the Customer is entitled to a discount by agreement.

9. Termination of the Agreement

9.1. The Customer has the right, by unilateral notification, to terminate the Agreement within the period specified in paragraph 1.1. of Annex 1. «The Agreement Termination Terms». By clicking the acceptance button, the Customer automatically accepts CT and agrees to the conditions specified in this section. From the moment of receipt of the written notice from the Customer about termination of the Agreement, its validity is suspended.

9.2. If the Customer has violated the terms of section 6 of the CT, the Company has the right to terminate the concluded Agreement with the Customer without refund for the service provided.

9.3. If the Customer withdraws from the Agreement due to a breach of obligations by the Company, he is not obliged to pay compensation.

10. Responsibility for Violations In the Provision of Services

10.1. The Company is responsible for the proper provision of its services and is obliged to assist the Customers in a difficult situation.

10.2. If the Customer found any quality of service violations, they should be guided by the conditions set out in Annex 2. «Claims Process». By clicking the acceptance button, the Customer automatically accepts CT and agrees to the conditions specified in this section.

10.3. The Company is obliged to eliminate the violations found in the services provided within the specified time. If the violations are substantive, the Customer has the right to withdraw from the Agreement and receive the compensation.

11. Payment of Compensation

11.1. Payment of compensation for violation of the terms of the Agreement by the Company, as well as for violations and defects of the services provided, is made in accordance with paragraphs 7.2 and 10.4, and the conditions specified in Annex 2. «Claims Process».

11.2. If after purchasing a quest tour on the Company’s website the Customer did not use the service voluntarily and without objective reasons within the terms specified on the website, they lose the right to refund the amount paid for the service.

12. Circumstances of Force Majeure

12.1. A party shall be released from liability for the improper performance of obligations under the Agreement, if it proves that their proper performance was impossible due to Force Majeure, i.e. extraordinary and inevitable under given conditions. These circumstances, in particular, include floods, fires, earthquakes and other natural disasters, wars.

12.2. If one of the parties was affected by the Event of Force Majeure, it must immediately notify the other party in writing. The written notice should contain a description of the Event of Force Majeure, an assessment of the consequences, as well as an explanation of how this Event may affect the fulfilment of this party’s obligations under this Agreement and when it will be possible to fulfil these obligations.

12.3. The late notification or absence of notification by the affected party to the other party entails the loss of the right to refer to these circumstances.

12.4. If an Event of Force Majeure occurs, and its effect continues for one month, or if at the time of occurrence of Force Majeure there is reason to believe that the effect of it will last for at least one month, the parties undertake to enter into negotiations as soon as possible in order to develop and implement other ways of execution of the Agreement.

13. Settlement of Disputes

13.1. Should any disputes arise between the parties in connection with this Agreement, the parties shall use their best efforts to resolve the dispute through the negotiation between the parties. If any such dispute is not satisfactorily settled by negotiation, after sixty (60) days, either party may submit the underlying dispute to arbitration. All disputes arising under the current conditions and in connection with them should be resolved in the arbitration court of the Chamber of Commerce of the Czech Republic, in accordance with the regulations and rules in the presence of three people.

14. Final Provisions

14.1. If any provisions or part of the Agreement are invalid or non-enforceable, the rest of it remains in full force and effect.

14.2. The parties agree and confirm that the communication will be in writing by email without a certified signature.

Annex 1. The Agreement Termination Terms

Customer’s rights upon termination of the Agreement

1.1. The client has the right to cancel the current Agreement without giving reasons within 14 days, excluding the day of the conclusion of the Agreement and the purchase of services.

1.2. In order to exercise the rights to withdraw from the Agreement, the Customer must inform the Company about their decision to terminate the Agreement in a written form (Application for Adjudication of Claims) by mail or email.

1.3. Notification in writing must be sent before the expiration of the period specified in paragraph 1.1.

2. Procedure for Termination of the Agreement

2.1. If the Customer terminates this Agreement no later than 14 days from the date of its conclusion, in accordance with paragraph 1.1, provided that during this period he did not activate the received service, the Company must return all payments within the specified period and without delay, excluding bank commissions.

2.2. Refund of the paid amount for the service is carried out in the same way that the Customer used in the initial transaction unless he specifies another. Refunds are made only after receiving confirmation that the Customer has not activated the service after purchase.

2.3. If the Customer wants to cancel the Agreement with the Company, they must fill in the form and send it.

A notice of termination of the Agreement will be sent to the Customer’s email address indicated in the application.

2.4. The standard form for termination of the Agreement:

APPLICATION

for Adjudication of Claims*

Full name

E-mail address used for registration / payment:

The name of the quest tour you have a complaint about:

Was the game activated?

Game activation date:

Was the game finished?

The essence of the claim:

What solution do you suggest?

* Attach a copy of a purchase order / invoice / payment receipt / other documents confirming the purchase of this service to the application.

Annex 2. Claims Process

1.General Provisions

1.1. The process regulates the procedure for accepting and considering claims and complaints of a customer (hereinafter referred to as the Customer), on the basis of the responsibility of the QuestinTour s.r.o. (hereinafter referred to as the Company) for the services provided, including conditions that do not comply with the Agreement, and are considered on the basis of Czech law in accordance with Law No. 89/2012 Sb., The Civil Code and the current Law No. 634/1992 Sb. on protection of consumer rights.

1.2. This claim process applies to the services provided on the Company’s website.

2. Customer’s actions in handling claims

2.1. The Customer has the right to file a claim about disparities in quality of purchased services on the Company’s website. To do this, he/she must apply in writing to the website of the Company that provided these services.

2.2. The Customer is obliged to file a claim in a timely manner, that is, within 14 days. This requirement allows eliminating the identified defects without time delays. Extending the claim term reduces the accuracy and objectivity of the claim. The Customer may submit a claim in any form, indicating the date, reason for appeal and the method of settlement of the filed claim.

2.3. If the Customer, without objective reasons, did not make a claim for defects in the services received under the Agreement, within 14 days after the purchase or actual use of the service, he/she is not entitled to receive a discount from the received service or refund for the service.

2.4. In the claim form the Customer is obliged to state his full name and address, as well as to substantiate the claim being made, when and where the claim arose, in what way the customer wants to resolve the claim. It is recommended to attach any evidence of purchase of this service: a copy of the purchase order, an invoice, a receipt of payment, etc., it facilitates the process of reviewing the claim.

2.5.. The Company’s website administration or authorized representative is obliged, after due consideration of all factual and legal circumstances, to make a decision on the claim within 30 days, and to conduct the necessary examination of all the circumstances of the stated claim. This period does not take into account the time required for expert assessment of the claim.

2.6 The claim is considered accepted after confirmation of acceptance of the claim by the Company’s website administration via email.

2.7. If the Customer makes a claim orally, an authorized representative of the Company is required to draw up a report on the claim, with confirmation of its acceptance. The report shall include when the claim was filed, the Customer’s personal information, the essence of the claim, the method of settlement of the claim requested by the Customer. The report must be signed by an authorized representative of the Company. The Customer receives one copy of this document and confirms by his/her signature his/her full agreement with the content of the report and its receipt.

3.Company’s actions in handling claims

3.1. If the claim is deemed to be fully or partially substantiated, the elimination of the defect or malfunction of the provided service is carried out as a replacement of the service or an exchange for another, the value of which does not exceed the value of the service received earlier. In some cases, the Company may provide a discount.

3.2. If the claim is deemed unreasonable, the Customer is informed in writing of the reasons for refusing the claim.

3.3. If circumstances arise, the origin and outcome of which does not depend on the will, activity and process of the service, or circumstances that are on the Customer’s side, on the basis of which the Customer did not fully or partially use the ordered and paid services of the Company, then the Customer is not entitled for refund of the amount spent or price reduction.

4.Other conditions

When considering claims, the provisions of generally binding legal regulations are applied, namely: the Civil Code and the Consumer Protection Act of the Czech Republic, depending on the circumstances. If both parties can not settle the claim by mutual consent, the Customer has the right to file an application for pre-trial resolution of the dispute, which is held by the designated authority in the Czech Republic, namely:

Central Inspectorate, Department ADR, st. Štěpánská 15, 120 00 Praha 2, adr@coi.cz, www. adr.coi.cz.