Commercial Terms of Offroadsafari s.r.o.
(valid as of 1 June 2015)
- Provider: Offroadsafari s.r.o., a company with its registered seat at Sokolská 30, Šumná, Litvínov, 436 01, postal code 040 89 375, as the service provider (hereinafter the "Provider").
- Provider's contact information: email: firstname.lastname@example.org, tel. 605 231 697.
- Client: Any subject to which services are provided in accordance herewith (hereinafter the "Client").
- The Provider and the Client may be jointly referred to hereinafter as the "Contracting Parties" or each individually as a "Contracting Party".
- These Commercial Terms (hereinafter the "Terms") are based on the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended, and define the Contracting Parties' mutual rights and obligations during the provision of services by Offroadsafari s.r.o.
- The binding relationships between the Provider and the Client during the arrangement and fulfilment of obligations related to provision, ordering and use of the services of Offroadsafari s.r.o. shall be governed by these Terms.
- The subject of the services provided by Offroadsafari s.r.o. is the Provider's obligation to provide experiential tourism with expert explanations in an environment ordered by the Client and the Client's reciprocal obligation to pay the Provider the agreed price for the provision of this service.
- The price of each individual service is specified in the tour catalogue, which the Provider publishes on its website www.offroadsafari.cz and/or on its Facebook profile. In the case of individually prepared tours, the price is contractually agreed upon.
Establishment of obligation
- The service will be provided to the Client during the period ordered by the Client via an online form, by email or by a telephone order, which the Contracting Parties shall confirm by email.
- If participation in a tour that has been specified via the website www.offroadsafari.cz or on the Provider's Facebook profile is ordered, the Contract will be considered concluded upon the ordering of the service by the Client pursuant to the provisions of Section 1732 of the Civil Code.
- If an order is placed for participation in a tour beyond the scope of the provisions of item 2 of this Article, the Contract will be considered concluded upon the delivery of the acceptance of the Client’s order, which the Provider will send to the email address specified by the Client.
- The Client is required to pay the price for the ordered services within …….. days from the conclusion of the Contract.
- The payment may be made via the GoPay payment gateway or by bank transfer to account number ………………………/……….. using the payment variable symbol specified in the Provider's confirmation email.
- The invoice will be issued by the Provider and sent in a confirmation email in the event of a payment by bank transfer to the Provider's account. In the event of payment via the GoPay gateway, the invoice will be issued and sent by the operator of this service.
Right to withdraw from the Contract
- The Client shall be entitled to withdraw from the Contract within 14 days from the conclusion of the Contract without specifying a reason for withdrawal.
- In exercising the right to withdrawal, the Client must inform the Provider, Offroadsafari s.r.o., a company with its registered seat at Sokolská 30, Šumná, Litvínov, Company ID No. 040 89 375, of its intention to withdraw from the Contract by means of a unilateral legal act (e.g. by a letter sent via a postal services operator or by email to the email address email@example.com). The Client may use the sample form attached hereto, but is not required to do so.
- So that the deadline for withdrawal from this Contract is fulfilled, it will be sufficient to send a notice of withdrawal from the Contract before the expiration of the particular deadline.
- If the Client withdraws from the Contract, the Provider shall promptly return to the Client, no later than within 14 days from the date the notice of withdrawal was received, all payments received from the Client. The payments will be transferred to the account from which they were received, unless the Client specifies a different account.
- If the Client places an order for participation in a tour that is to take place sooner than 14 days from the conclusion of this Contract, the Client hereby grants express consent to the provision of services before the expiration of the deadline for withdrawal from the Contract. In such case, the Client shall not be entitled to withdraw from the Contract pursuant to the previous paragraphs of this Article, which the Client hereby acknowledges.
Provider’s rights and obligations
- The Provider is authorised to cancel a contractually agreed tour if there is extremely inclement weather or there are other obstacles that the Provider is unable to objectively eliminate.
- If the tour specified in the first paragraph of this Article is cancelled, a new date for the tour will be proposed to the Client. If the new date is not accepted by the Client, the full price of the tour will be refunded.
- The Client is entitled to withdraw from the Contract without specifying a reason within 7 calendar days of the beginning of the tour. In such case, the Client shall be refunded the full price of the tour.
- If the Client notifies the Provider of their intention not to participate in the tour within two calendar days of the beginning of the tour, half of the price of the tour shall be refunded to the Client.
- The right according to Article IV is not affected by this Article in any way.
- A warranty applies to the provided services in accordance with the provisions of Sections 2099 to 2112 of Act No. 89/2012 Coll., the Civil Code.
- The Client may file a claim against the provided services via a postal services operator or by email to the contact addresses specified above.
- Each claim must contain the Client's identification information, the place and date of the tour to which the claim pertains and a description of the circumstances that are the subject of the claim.
- The Provider shall promptly send comments regarding the claim with an evaluation of the legitimacy and manner of handling the claim, though no later than 7 calendar days from the date the claim is submitted.
- The service is provided in accordance with the laws of the Czech Republic, and any legal disputes arising in connection with the service shall also be resolved in accordance with Czech law and in accordance with these Terms, of which the Client has expressed approval. Any other arrangements made between the Contracting Parties beyond the scope of these Terms must be in writing.
- If, in connection with the provision, ordering and use of the services, the Contracting Parties agree to rules for entering into and fulfilling any of their obligations that differ from those stated herein, the arranged differing rules shall take precedence.
- These Terms take effect on 1 June 2015.
- The Terms shall cease to be valid and effective the date subsequent versions of the Terms become valid and take effect.
Prague, 25 May 2015