Terms & Conditions
These terms and conditions set out the terms on which European Stag Company s.r.o agrees to conclude the contract with the Client and provide to the Client a broker service, providing reservations for accommodation and where applicable, and other travel arrangements. By completing and sending the Reservation form the Client agrees and is affirmatively stating that they have carefully read and understand the terms set forth in this agreement and they agree to be bound by the terms of this agreement.
1.1 European Stag Company s.r.o. tour operator (hereinafter referred to as the "ESC") is a business company providing to its client’s products - tours based on its web site (www.berlin-stag-do.com) under the conditions specified below (hereinafter referred to as the "Catalogue").
The tour procurement contract (hereinafter referred to as the "Contract") is a standard contract subject especially to the provisions of 741 et seq. of the Act No. 40/1964 of the Law Code (Civil Code) as referred to as the "ESC")
1.2 Client, either physical person or a legal person (hereinafter referred to as "Client"). The Contract is executed electronically based on a properly and correctly filled-in tour order (application) from the Catalogue offer, the payment of the relevant initial fee for the tour and the subsequent electronic acceptance of the order by ESC. The Contract is binding for all persons included in the application. The Client guarantees that the contractual obligations of the persons included in the contract, as well as the contractual obligations of the Client itself are met. Client also refers to other members of the group as named by the Client.
1.3 Group means the organized group of Clients, represented by the organiser.
1.4 Organiser (Organiser of the group) means a person (natural or legal) making the reservation on behalf of participants organized into the group. The Organiser is responsible for communication between ESC and the other group members.
1.5 Activity means a social event arranged by ESC. This does not include the accommodation.
1.6 Service means an accommodation, transportation, Activity or other travel arrangements facilitated by ESC, without specific distinction.
1.7 Package means the prearranged combination of Accommodation, Activities and Transportation.
1.8 Reservation form is the electronic sheet operated on the web page of ESC. Its submission to ESC means a contractual offer with all legal consequences. In the case when Client or Leader is a legal person, it must be signed by a person authorized to act on its behalf electronically when submitting the enquiry form on-line.
1.9 Supplier means a person or persons providing the Services or their agents or employees. Words denoting the singular include also the plural.
2. Conclusion of this Contract
2.1 This agreement is effective and shall come into force when ESC announces the Client about acceptation of the reservation form by an e-mail, unless specified otherwise or unless different arrangements are agreed upon in a specific case.
2.2 The confirmation e-mail shall include the detailed information and documentation relevant to the Client's order, the price calculation and the terms in which any information or payments are due. The Client shall check all the details in the order as described in the confirmation e-mail. Any late complaints shall not be taken into consideration and ESC is not liable for any loss or damage arising from the negligence of the client.
2.3 Availability of the client's order is not guaranteed until he/she receives the price calculated in the confirmation e-mail after paying the set deposit.
2.4 If the deposit is not paid in the term set forth in the confirmation e-mail, ESC reserves the right to cancel the client's travel arrangements and withdraw from the contract.
2.5 Whereas all services and activities are provided by ESC's Suppliers, ESC is not responsible for its actual availability. Only upon receiving the payment from the client, ESC shall confirm all the relevant bookings with the suppliers.
2.6 In the case when ESC is unable to make arrangements as ordered by client in the reservation form, it would inform the client immediately and offer alternative arrangements. Whereas the substantial change of the client's order would occur and it would also affect the price, the contract is concluded in such a case only upon payment of the price, which means the client's consent with the change of the order.
2.7 ESC does however reserve the right to make minor changes of the arrangements set forth in the client's order, provided that this would not affect the price and the quality of the services and will inform the client as soon as possible of any such changes (this would mean e.g. the change of the supplier or time schedule).
2.8 ESC also reserves the right to change or to cancel a service in a case it should not comply (by the fault of the supplier) the safety, hygienic or other standards required by European Union legislature. In such a case Article 2.6. shall apply appropriately and/or ESC shall reimburse the relevant portion of the price to the client.
2.9 Upon the acceptance of these terms and conditions the client is also obligated to follow terms and conditions of ESC's suppliers when using the services or participating on the activities.
3.1 ESC is not liable for any loss or damage related neither to the accommodation, nor for the availability and conditions of the accommodation itself. The Client agrees to settle with the hotel management any extraordinary expenses arising from specific hotel services or damage (including loss) on the hotel property. It should be required to submit on request of the hotel management a valid credit card with authorization to the payments mentioned above. If the Client does not provide such an authority, ESC reserves the right to cancel the booking and the Client may not be granted permission to use the hotel services.
3.2 The Client should deposit to the hotel safe/security box all credentials, jewellery or any other valuable property.
3.3 The Client is obligated to follow the terms and conditions of the accommodation valid in the hotel they are staying in.
4.1 The price submitted to the Client by ESC is fixed at the time until any deposit or payment being made.
4.2 In the case of price changes on the side of our suppliers, the Client shall pay the price valid at the time of reservation.
4.3 The Client is obliged to pay the deposit as described in the Article 8 to secure any reservation.
4.4 The price of each activity, regardless it was booked in the package, consists of the elements described under each activity on ESC's web page. Unless stated otherwise, the price does not include food or beverages or tips.
5.1 Any deposit paid is non-refundable, with exception set forth in the Article 10.
5.2 The Client is obliged to pay the deposit which is set at the time of the offer being sent. If the reservation was made for the group, the total price means the total price for the group reservation.
5.3 Notwithstanding Article 8.2., the client can pay the full amount of the total price instead of making a deposit which is still referred to as a deposit.
5.4 The client shall be provided with the exact information of the total price calculation and the amount of the deposit in the confirmation email. The information shall also contain the due date determined for the payment of the deposit or the final balance.
6.1 ESC accepts payments only via GP WebPay. Our GP webpay payment gateway enables payments using all debit or credit cards issued by the MasterCard, VISA or Diners Club. It also supports payments using the MasterCard Mobile digital wallet which take place using a mobile phone and a QR code. The payment will be settled in EUR or GBP depending on the currency of your offer.
6.2 ESC is not responsible for the differences in exchange rates, fees related to the transactions or other expenses related to the monetary transactions unless specified differently.
6.3 Upon receipt of the deposit and prior to the arrival of the Client, ESC shall send to the Client an email containing the information about the travel arrangements that serves also as a confirmation of the Client's payment.
6.4 The Client shall pay the difference between the deposit and the total price at least 2 weeks before the arrival date or the date of the first activity, providing that the Client did not pay the total price instead of deposit.
7. Amendments with Group Features
7.1 ESC does not charge any fees for changes or amendments of the travel arrangements up until 14 days before the arrival of the Client or the date of the first activity.
7.2 The changes or amendments, which are made less than fourteen days before the arrival of the Client, are considered as cancellation and no money shall be refunded if less than 14 days before the arrival date or the date of the first activity.
7.3 Amendments shall be made only in writing and is only proof that amendments were received.
7.4 In the case when changes or amendments are made, the total price shall be modified according to the new travel arrangements.
7.5 In the case when ESC is unable to change the travel arrangements after Client's reservation according to the new requirements of the Client, if the Client doesn't accept the amended travel arrangements, ESC is entitled to cancel the whole order. When this occurs, Article 11.2. shall apply.
8.1 The Client has the right to cancel travel arrangements at any time by written notice in the way of an email.
8.2 When cancellation occurs more than 14 days before the arrival of the Client or group, ESC is entitled to charge a cancellation fee to the amount of 50% of all monies paid up until the time of cancellation is acknowledged. In case the cancellation occurs less than 14 days before the arrival of the Client or group, ESC is entitled to charge cancellation fee in amount equal to 100% of the total price paid. This applies equally to the group cancellations or individual cancellations concerning any group member.
8.3 If any payments have been made by the Client or by a group member to ESC, then ESC is entitled to the same cancellation fee of 50% of all monies paid up until the time of cancellation is acknowledged.
8.4 If any payments have been made other than the deposit and a cancellation occurs, a booking fee is taken from the money paid by individual clients to the amount of 50% of any money paid to cover administration costs and/or any bank charges incurred by us.
9. Late arrivals and Delays
9.1 ESC reserves the right to cancel any services without refund in case of late arrival or absence of the Client or Group.
10. Amendments & Cancellations Made by ESC
10.1 If the Client does not pay the deposit and or the final payment for travel arrangements in due date specified in confirmation e-mail ESC reserves the right to cancel Client's bookings.
10.2 If the Client does not provide the information required or requested by ESC to finalise an activity, service or package in a reasonable amount of time or at the latest, 48 hours before the date of arrival or the first activity, ESC reserves the right to cancel Client's booking without any refund.
10.3 ESC also reserves the right to amend or cancel Client's travel arrangements in case of force majeure, which include war, threat of war, riots, civil strike, terrorist activity, natural or nuclear disasters, fire and other similar circumstances beyond ESC's control. In such a case, ESC shall return all payments made by Client, including the deposit.
10.4 ESC in addition reserves the right to end or cancel the service in case the behaviour of the Client or the group is likely in the opinion of ESC or its suppliers to cause distress, damage, danger to or to annoy other Clients, employees, property or anyone else. If the group is prevented from participation on the service because any person in authority considers any member of the group appears to be unfit to participate or likely to cause discomfort to or disturb other Clients or anyone else, ESC will not be liable to complete the program arrangements of the Service and will subsequently not be liable for any refund, compensation or any other costs incurred by the group members. ESC cannot accept liability for the behaviour of the Clients or the third persons in the accommodation facilities and/or taking part in any Activity and/or Service and/or if any facilities or services are removed because of their action. Such cases remain completely at the civil or criminal responsibility of the persons involved.
10.5 ESC shall also amend or cancel Client's travel arrangements in case the Client's health conditions may affect his/her or others well-being negatively or ESC considers any of the services too dangerous or inappropriate. In that case, the provisions of Article 7.4. and 8.2. shall apply appropriately.
10.6 The right of ESC to amend, change or cancel the travel arrangements of the Client is also included in Articles 2.7., 2.8., 3.1., 9.2., 12.1., and 13.4. of these terms and conditions.
11.1 Whereas ESC is a brokerage company, it has no liability for any legal and/or factual aspect of the Service ordered by Client, except of that arising from booking and it excludes the liability for any loss or damage, personal injury, harm or death, which results from the Service or which is in connection with the Service, except of that, which may be imposed by law of the European Union.
11.2 Whereas all Services are provided by ESC's Suppliers, ESC does not provide the assurance that they are maintained or operated in the manner as presented by the Supplier or in compliance with safety, hygienic or other standards required by Slovak or Czech legislature. Therefore, ESC excludes any liability for a false representation or breach of implied warranties of any kind and does not accept liability for any loss or harm arising thereof. However, Article 2.8. shall apply in the case when ESC finds out such circumstances.
11.3 ESC also excludes any liability for an act of omission beyond its control or an influence of force major.
12.1 ESC shall not be held responsible for medical insurance of the Client (any group participant) and for any eventual loss of the luggage during the tour. ESC recommends its Clients to secure the relevant insurance before their departure from their own country.
13.1 ESC shall provide the Client by all necessary safety equipment if the usage of such safety equipment is required by European Union legislature or recommended by our supplier.
13.2 The Client hereby confirms that he/she will observe all safety instructions and legal regulations provided by ESC or our supplier.
13.3 ESC is not liable for any loss or damage arising from the negligence of the Client, breach of the Article 13.2 or any other misuse of the service caused by the Client.
13.4 ESC also reserves the right to cancel a service because of substantial breach of the Article 13.2 or exclude any persons from a service in the case they do not observe relevant safety instructions and/or legal regulations without the right for indemnity.
14. Claims and Complaints
14.1 The Client should report all complaints related to the provision of services on the telephone number of ESC +421 907 206 681 as soon as possible. Following that ESC shall initiate the complaint proceedings. ESC agrees to do everything in its power to make sure that the situation is remedied to the tour standard.
14.2 If the Client claims indemnification for the services which were not provided up to the agreed standard then the Client shall raise the relevant claim by phone and then formulate its claim also in writing indicating all relevant information and deliver it by fax or by mail within 7 days from the date the claim was raised by phone. The claim may be either in Slovak or in English language.
14.3 ESC shall inform the Client about the claim resolution within 30 days from the delivery of the claim.
14.4 In case of substantiated claim ESC shall refund to the Client the difference between the provided and agreed services. ESC shall not refund any of the Client's expenditures caused by the Client's failure if they were not approved by ESC in advance.
15. Personal Data Protection
15.1 The Clients are aware of the fact that ESC shall save the basic personal data about the Client in its database and may use them for marketing purposes. ESC shall save these data in accordance with the Personal Data Protection Act (the Act No. 428/2002 of the Legal Code) and agrees not to provide these data to any third party except in cases specified by the law. The Client is entitled to request from ESC information on the personal data saved by ESC about the Client and ask for their deletion or change if they are not correct, or if they were acquired illegally.
16. Photo Material
16.1 ESC reserves the rights to take photographs and videos of events during your travel for commercial use, which may or may not show members of your Group.
16.2 ESC will not take pictures or videos of your Group in situations we would consider embarrassing.
16.4 All images on our website are used for illustration purposes ONLY and they may not represent your actual event or accommodation. We try and use our own images where possible!
17. Closing Provisions
17.1 These general conditions of the contract of ESC are valid for participation on all services carried out after 26th June 2014. This contract, unless a different scope of mutual rights and obligations is agreed or specified by ESC in writing.
Ordering a service, the Client confirms that these general conditions are known to the Client and the group members and that the Client understands them and agrees with them, and consequently also accepts them.
An integral part of these general conditions of the contract is also the information updated by ESC on its web site concerning the date of start and end of services, its prices including the schedule of payments and the amount of the advance payments, destination and the place of stay, type of accommodation, its location, category, the level of facilities and its main features, number of meals and the form of their provision, program and location, scope and quality of other services which are included in the respective tour.
17.2 On the basis of its order of services the Client confirms its agreement that ESC processes the personal data of the Client, including the personal number (if the Client has a personal number), for the purposes of the services offered and mediated by ESC, and approves that the personal data of all persons included in the application are also processed.
17.3 All relations between ESC and the Client which are not regulated by this Contract and the relevant conditions shall be governed by the legal regulations valid on the territory of the Slovak Republic.
Eventual disputes are subject to the courts with the jurisdiction over the seat of ESC.
Written in Bratislava on 26th June 2014.