1.1 The Website is owned and managed by the travel agency Local Travels s.r.o., trading as Local Travels, ID.No: 08726329, with registered address in: náměstí Republiky 17, 362 51 Jáchymov, registered in the TR kept by Municipal Court in Pilsen, sec. C, part 38654/KSPL.
1.2 We can be contacted by email at email@example.com or via the Contact form of the Website.
The information contained in this Website has been prepared solely for the purpose of providing information about the various tours offered on our Website and making online bookings for tours and must not be used for any other purpose.
3.1 The website, including, but not limited to, logos, graphics, trademarks, copyrights etc., is our intellectual property, which is owned by and/or validly licensed to us.
3.2 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from us to you, any intellectual property rights owned by and/or licensed to us (including content appearing on the Website) and all rights, title and interest in and to such intellectual property rights will remain exclusively with us and/or our licensors.
3.3 You are expressly prohibited from:
3.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
3.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to us; and
3.3.3 doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us without first obtaining the written permission of the owner of such intellectual property rights.
4.1 By accessing the Website you will be assuming all risks associated with the use of this Website, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via our Website or your access to it.
4.2 You will only use this Website for personal private use.
4.3 Availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system.
4.4 We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein available to you. Whilst we take all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that we do not promise that the Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Website.
4.5 We shall be entitled at our own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website.
5.1 We use reasonable endeavours to ensure that the information contained on the Website is correct at time of being published. We reserve the right to make alterations.
5.2 All content published on the Website is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the content made available on the Website shall be at your own risk and we shall not be liable whatsoever for any loss which you may incur as a result of or in connection with your use and reliance of such content.
5.3 Links to third party websites may from time to time appear on the Website. Such third party websites are not our responsibility and we accept no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
B. TERMS AND CONDITIONS OF THE TOURS
1.1 The tours we offer are specified on the Website (“Tours”). Please note that specification of any Tour on the Website serves for your information only and does not constitute binding offer. You will be provided with a binding offer during the booking procedure (please see sec. 2 hereof).
2.1 You can book our Tour (make a reservation) through contact form on our Website, while specifying the Tour, you are interested in, and filling in all the required information. No oral bookings will be accepted. We accept no liability for any errors in your booking, therefore you should prepare the booking carefully.
2.2 On the basis of your booking, you will be provided with a binding offer containing detailed information on the Tour, especially specifying the price of the Tour. Issue of the binding offer is at our absolute discretion. We may refuse to issue the binding offer for any reason. Unless the binding offer provides otherwise, it expires after 14 days from its issue. Thereafter, the offer can be accepted only with our written consent. We do not warrant that the binding offer will be completely compliant with your requirements included in your booking and we are under no obligation to rectify any discrepancies once the agreement has been concluded in accordance with the sec. 2.4 hereof. Therefore, you should read the binding offer carefully.
2.3 You signify your acceptance of the binding offer by making the following payment under the payment terms specified in the binding offer and in the sec. 3 hereof:
(a) the total price of the Tour in case of one day Tours (or shorter Tours), unless otherwise provided for in the binding offer, or
(b) the deposit specified in the binding offer (up to 15 % of the total price of the Tour) in case of longer Tours.
For the avoidance of any doubt, the offer is accepted when the payment is credited to our account.
2.4 By accepting the binding offer pursuant to the sec. 2.3 hereof, a legally binding agreement between you and us regarding the Tour, the terms of which are provided in these Terms and in the accepted binding offer, is concluded (“Agreement”).
2.5 After the Agreement is concluded, a Booking confirmation, including confirmation of the Agreement and summary information of the booked Tour (“Booking confirmation”), will be issued and provided to you. Booking confirmations are e-mailed to the address you supply to us at the time of booking. You are responsible for ensuring your e-mail address is accurate. We are not responsible for Booking confirmations sent to incorrect e-mail addresses input by you.
2.6 It is your responsibility to present yourself with the Booking confirmation at the beginning of the Tour (either printed or on your mobile device). You may not be admitted to the Tour without presenting yourself with the valid Booking confirmation. We will not be responsible for any Booking confirmations that are lost, stolen or destroyed.
2.7 All Booking confirmations are non-transferable.
3.1 The price of the Tour is agreed upon in the Agreement.
3.2 The price of the Tour does not include such matters as the cost of refreshments, food, admission tickets (if not specified otherwise in the Agreement) local transportation to a meeting point, international transportation to a destination, accommodation in a destination before or after a multi-day tour or travel insurance. Please read carefully what is included in a price before accepting the binding offer.
3.3 Prices are denominated in EUROS and CZECH CROWNS. Payment in any other currency may be subject to a foreign exchange rate on the day of the payment.
3.4 Any payments under these Terms are possible by one of the following methods:
(a) transfer using your account on TransferWise;
(b) transfer using your account on PayPal;
(c) bank account transfer.
Transfer fees are not included in the price of any of our Tours.
Using a third party for your payments you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services of the third party.
3.5 In case the price of the Tour was not completely payed at the time of the conclusion of the Agreement pursuant to the sec. 2.3 hereof (i.e. only the deposit was payed), you will pay the outstanding balance of the total price of the Tour no later than 40 days prior to the beginning of the Tour, unless otherwise agreed.
3.6 We may unilaterally increase the agreed price of the Tour in the following cases:
(a) in case the average prices of the fuel (diesel) increase by at least 10 % compared to the average prices of the fuel (diesel) at the time of conclusion of the Agreement, you may be charged with a surcharge of CZK 200 per person for every commenced 100 km expected to be travelled during the Tour by bus or other vehicle.
(b) in case the exchange rate of CZK to USD, or EUR according to the Czech National Bank increases by at least 10 % compared to the exchange rate of the CZK to USD, or EUR according to the Czech National Bank at the time of conclusion of the Agreement (rate used to determine the price of the Tour), the price of the Tour may be increased by the number of % by which the exchange rate has increased.
3.7 We will notify you about the change of the price of the Tour in writing at least 21 days prior to the beginning of the Tour.
3.8 You have the right to decrease of the price of the Tour in case the price of the fuel, or the exchange rates decrease under the similar conditions as us (specified in the sec. 3.6 and 3.7 hereof).
If you wish to change your travel arrangements after the Agreement was concluded, you must notify us by email. Variation of the travel arrangements is at the absolute discretion of us. Any such variation will give rise to a recalculation of the total price of the Tour. If this should result in an increase in the deposit payable, we will not confirm the variation until payment of the increased payment has been received.
5.1 You may cancel the Tour (terminate the Agreement) by written notice delivered to us any time prior to the beginning of the Tour. In that case, the payed price of the Tour (or the actually payed part thereof) less the cancellation fee, if applicable, will be returned to you within 14 days. The cancellation fee will be calculated as follows:
(a) half day tours – if you deliver the notice of cancelation to us more than 48 hours before the beginning of the Tour, the cancellation fee is 0 % of the total price of the Tour; if you deliver the notice of cancelation to us 48 hours or less before the beginning of the Tour, the cancellation fee is 100 % of the total price of the Tour;
(b) one day tours – if you deliver the notice of cancelation to us more than 7 days before the beginning of the Tour, the cancellation fee is 0 % of the total price of the Tour; if you deliver the notice of cancelation from 7th to 5th day before the beginning of the Tour, the cancellation fee is 50 % of the total price of the Tour; if you deliver the notice of cancelation to us 4 days or less before the beginning of the Tour, the cancellation fee is 100 % of the total price of the Tour;
(c) multiple-day tours – if you deliver the notice of cancelation to us more than 30 days before the beginning of the Tour, the cancellation fee is 0 % of the total price of the Tour; if you deliver the notice of cancelation from 30th to 21st day before the beginning of the Tour, the cancellation fee is 50 % of the total price of the Tour; if you deliver the notice of cancelation to us 20 days or less before the beginning of the Tour, the cancellation fee is 100 % of the total price of the Tour
5.2 The Agreement terminates if the Tour is cancelled by us, especially in case of Event Outside Our Control (as specified in the sec. 9 hereof), which prevents us from performing the Tour. In that case you will be entitled to a refund of the Price, less any postage and/or card charges. Refunds must be claimed within 1 month from the date of the Tour. Further, we may terminate the Agreement if you break the terms thereof.
5.3 The Agreement terminates if the Tour is cancelled by us in case that the minimum participation, which is included in the binding offer, is not met. In this case we have the right to withdraw from the agreement in the period no longer than
(a) 20 days before the start of the tour in the case of tours lasting more than 6 days
(b) 7 days before the start of the tour in the case of tours lasting 2 to 6 days
(c) 48 hours before the start of the tour in the case of tours lasting less than 2 days
5.4 There will be no refund for lost or stolen Booking Confirmation.
5.5 We will notify you if a Tour is cancelled or rescheduled, but you acknowledge and agree that it is your responsibility to ensure you have entered the correct contact details so we can notify you. We will not be liable for any losses you incur as a result of supplying us with incorrect contact details (e.g. e-mail address or mobile number).
6.1 Our Tours may include admissions to third party venues, including restaurants and shops (Venues) You shall comply with all policies, procedures and safety announcements in force on the Tour and at any Venue, including any security procedures in place from time to time. It your responsibility to notify venues and your assigned guide of any allergies or dietary requirements. We shall not be liable for any loss or injury suffered by you caused by a Venue.
6.2 You are responsible for arranging all transportation to and from the Tour.
6.3 We reserve the right to refuse you admission without refund to any Tour or eject you from a Tour on account of your late arrival, being (or appearing to be) under any specified age, abusive, threatening, drunken or other antisocial behaviour (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorised audio, video or photographic recordings.
6.4 We offer Tours around the Europe and consequently, food and drink laws will differ from country to country. It is your sole responsibility to ensure you comply with local laws when on Tours (e.g. legal age for alcohol consumption).
6.5 Tours ordered through the Website are only for your personal use and that of your party. We reserve the right to cancel Tours purchased if there is, or if we suspect there is, any resale, purported resale or attempted resale of the Tours. This includes but is not limited to Tours being resold via internet auction sites. The holder of a resold Tour may be refused entry or rejected from the Tour without refund.
6.6 We recommend you take out insurance cover for the duration for the travel arrangements, for participation in potentially dangerous sports and activities. You should not participate in an activity if you have not arranged insurance. You agree to indemnify us against any liability for costs arising from your failure to obtain insurance cover.
6.7 We accept no liability for inaccuracies in documentation which you fail to bring while attending a Tour.
6.8 You are obliged to follow any instructions given by our representatives (especially Tour guides) in connection with the Tour.
We process your personal data in accordance with all applicable data protections laws, as set out in our Privacy Notice.
8.1 If we fail to comply with the terms of the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking such terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it might happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the Booking process.
8.2 We are not responsible for any loss or damage that is not foreseeable.
8.3 In no event will our aggregate liability for damages to you or any other person ever exceed the amount of three times the total price of the Tour, regardless of the form of the claim.
8.4 We do not exclude or limit in any way our liability for:
8.4.1 death or personal injury caused by our negligence or the negligence of our employees or subcontractors;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any other liability which cannot be limited or excluded under law.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an Event Outside Our Control.
9.2 What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations to you:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 our obligations to you will be suspended and we reserve the right to cancel any Tours affected by the Event Outside Our Control; in that case, you will be entitled to a refund pursuant to the sec. 5.2 hereof.
C. GENERAL CONDITIONS
1.1 These Terms and any Agreement concluded hereunder are governed by the laws of the Czech Republic, without regard to choice of law rules, and both parties submit to the exclusive jurisdiction of the local court of this country should any dispute arise as to the interpretation or performance with the Terms. You can bring legal proceedings in respect of any dispute arising under these Terms exclusively in the Czech courts.
1.2 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce it. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
1.3 If a court finds part of these Terms invalid or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
1.4 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
1.5 Only these Terms apply between you and us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the booking of Tours and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
1.6 By using our Website, you warrant that:
1.6.1 you are legally capable of entering into binding contracts according to a laws of your country; in case you are not you must ask a parent or guardian who is legally capable of entering into binding contracts to act on your behalf
1.6.2 a parent or guardian of someone who is not legally capable of entering into binding contracts, is responsible for ensuring that person’s conduct is at all times in accordance with these Terms.
We have the right to revise and amend these Terms from time to time, including but not limited to making changes to reflect current market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements. Such changes will not affect Agreements concluded prior to the effective date of the change, as well as binding offers issued prior to the effective date of the change.
In the event of any dispute between us arising out of the Agreement or these Terms, you may apply for the alternative dispute resolution procedure to the Czech Trade Inspection Authority, seated at Štěpánská 15, 120 00 Prague 2, Czech Republic.
Further information regarding the ADR is available on the following website: https://www.coi.cz/en/information-about-adr/
These Terms are valid from 9.6.2020