Terms and Conditions
Please read these Terms and Conditions carefully. They form an important part of the contract for your holiday. These Terms and Conditions govern the relationship between you and Bohemia Adventures (hereinafter only as “BA”).
1. Definitions and Interpretations
BA is a company incorporated in Czech Republic with its office at Velkoosecka 770, Prague 9, 190 17. Reference to “we” and “our” also refer to BA. “You” means the person or persons engaging BA to provide a service and named on the BA booking form for that service. “Your Party” means the people on whose behalf your booking with BA is made. “Terms” means these Terms and Conditions or any part of them. “Service” means the service provided to the You or Your Party by BA to include the booking of your holiday and related advice. “Booking Confirmation” means the booking confirmation form provided to You by BA and containing a summary of your holiday. “Commencement Date” means the date on which your holiday arranged by BA begins as stated in the Booking Confirmation. In these Terms, any reference to the singular includes the plural and reference to one gender includes all genders. The headings used in these Terms are for reference only and shall not affect the interpretation.
2.1. These Terms constitute the entire agreement between You and BA to the exclusion of any prior oral or written agreement. These Terms can only be varied by express written agreement between the You and BA.
2.2. You are responsible for full payment to BA of the total cost of the holiday as stated in the Booking Confirmation for You and Your Party and warrant that You are entitled to enter into a contract with BA on behalf of all members of Your Party and that You have their consent to do so.
2.3. Tours are booked and these Terms become effective once you complete a booking form on , or once you book the Tour with another booking agent. Your booking will be summarized by the Booking Confirmation. The payment is due before the end of the Tour.
2.4. Some Tours may require a minimum number of passengers to operate, and are subject to change at any time. The minimum number of passengers is set for each particular Tour in its description. In circumstances where minimum numbers are not reached an alternative may be offered or a smaller vehicle used. BA has a right to cancel the Tour due to minimum numbers not being reached. You will be notified by email at least 48 hours in advance. You may be offered an alternative option or a refund proportionate to the cancelled sectors.
3. Payment for Itineraries
3.1. In addition to the Tours, that are ready to be booked any time, BA provides a service of planning your holidays according to your individual requirements or based on Activities suggested by BA. The result is an Itinerary. BA creates such Itineraries upon Your request, for a mutually agreed cost.
3.2. The payment of the cost due within 3 days from receiving the Itinerary.
3.3. The total cost of the Itinerary will include any tax that we are required to charge You at
the time of creating the Itinerary. However, where there is a change to the level of tax that we are required to charge, BA reserves the right to charge You the additional tax.
4. Travel Insurance
4.1. Travel Insurance is mandatory for You and Your Party (hereinafter only “Client”). At the time of booking, each Client must arrange his or her own insurance, with protection for the full duration of the holiday, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and the expenses associated with cancellation or curtailment of a Tour. If the Client becomes ill, all hospital expenses, doctor fees and repatriation costs are the Client’s responsibility and BA shall not be liable for any refund of the Tour cost. Failure to have such travel insurance may result in Client’s being prevented from certain participating in certain activities without the right to any refund.
4.2. BA is not liable for any losses suffered by the Client as a result of a failure to take out adequate insurance cover.
5. Amendments to your booking
5.1. Should You wish to change or amend any part of your holiday after it has been confirmed in the Booking Confirmation, BA will do its best to accommodate You. However, we cannot guarantee that we will be able to do so.
5.2. There may be costs associated with making amendments to your booking after it has been confirmed in the Booking Confirmation for which You will be liable. These will be discussed with You before any amendment is made.
5.3. Whilst it is unlikely that BA will make any amendments to your holiday following its confirmation, there are circumstances beyond our control that may require us to do so and we reserve the right to do so. In those circumstances, we will notify You of any necessary changes as soon as possible and discuss the alternative options with You.
6. BA’s Responsibilities and Liability
6.1. BA will provide the Service to You in the manner to be reasonably expected of a competent tour organizer.
6.2. BA is not responsible for any services that are not part of this contract including, without limitation, any additional services that You obtain directly from any other supplier.
6.3. BA is not liable to You for any sums which are recoverable under any policy of insurance.
6.4. Nothing in these Terms shall exclude the liability of either party for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation.
7. Your Responsibilities
7.1. It is your responsibility to ensure that You and Your Party have valid passports (and that they are valid for the requisite length of time following your trip) and any necessary visas for entering the Czech Republic and Germany, where applicable.
7.2. It is your responsibility to ensure that You and Your Party take with You all travel documents that You require for your trip, whether they have been provided to You by BA or otherwise.
7.3. It is your responsibility to notify BA at the time of booking of any requirements that You or any member of Your Party have that may affect the service provided by BA, its suppliers
or sub-contractors. For example, it is very important that You notify BA at the time of booking if any member of your party has any physical disabilities, if You are travelling with small children or if You are travelling with an animal.
7.4. It is your responsibility to ensure that You and Your Party behave responsibly at all times during your holiday. You must not do anything that causes damage to property, injury to any person, voids any contract of insurance or breaches these Terms and You agree to indemnify BA for any liability, cost, expense, loss or damage incurred by BA as a result of your or Your Party’s acts or omissions during your holiday or as a result of the breach of these Terms. In addition, BA or any of our suppliers or agents may cancel or terminate your holiday completely or any part of it should we or they consider it necessary for the safety or well-being of other customers or members of the public as a result of the behaviour of You or any member of Your Party.
7.5. You will be responsible for any costs incurred by You or any member of Your Party that do not form part of this contract.
7.6. The personal property of You and all members of Your Party remains your responsibility at all times and BA does not accept any responsibility for the theft of or damage to your personal property.
8. Force Majeure
8.1. BA shall not be liable to You for any failure or delay in the performance of the Service if that failure or delay is due to causes beyond BA’s control, including, but not limited to adverse weather conditions or traffic congestions. Itineraries may need to be changed as a result of adverse weather conditions, road closures or other reasons beyond BA’s control and BA reserves the right to do so.
8.2. Where BA is unable to comply with any of its obligations under the Terms or provide You with any part of the agreed Service as a result of anything covered in clause 8.1, we will use our reasonable endeavors to advise You of this as soon as possible and provide You with an alternative where possible.
9. Data Protection
9.1. In order to provide You with the Service, BA will need to use the information provided by You to use during the booking process and to pass relevant information to our, transport, adventure and other suppliers. By making a booking with BA You agree to BA using your information and passing it to third parties where necessary in order to provide the Service or where required by law. We will not use your information for any purposes not connected with your booking with BA.
In the unlikely event that You should want to make a complaint about any part of your holiday with BA:
10.1. If the complaint relates to any service that You are being or have been provided as part of your holiday, You should raise the issue as soon as possible with the relevant service provider.
10.3. If You are unable to resolve your complaint by communicating with the service provider, You should notify BA of the issue at the earliest opportunity and BA will do what it can to resolve your dispute.
10.4. If You remain dissatisfied, You must notify BA in writing as soon as possible and, in any case, within 14 days of the end of the holiday arranged for You by BA by email to [email protected] Other than in relation to claims involving death or personal injury, BA does not have any liability to You if You fail to notify BA of your complaint in accordance with the provisions of this clause.
11. Termination for Breach
11.1. BA reserves the right to cancel the contract between You and BA in the event of any material breach of these Terms by You, by giving You notice in writing either by letter or by email to the last postal or email address supplied to us. Should BA cancel the contract on this basis, no refund will be due to You and cancellation fees may apply.
11.2. No refund will be made if You voluntarily leave a trip for any reason. This includes refund of transport, sightseeing, activities, meals or services not utilized.