General Terms and Conditions
Sport Development s.r.o.
- The company Sport Development s.r.o., with its registered office at Zlín, Zálešná II 3402, Postal Code 760 01, Identification No.: 29275857, VAT ID: CZ29275857, is a company established and governed by the Czech law and registered in the Commercial Register by the Regional Court in Brno in Section C, Entry 70214 (hereinafter referred to as “Company”).
- The Company’s scope of business is provision of physical training and sport services in the field of cycling, in-line skating, skiing and snowboarding. The Company also obtained a concession on operating of a travel agency.
- The Company has a valid insurance against potential bankruptcy of the travel agency, arranged at Union poisťovňa, a.s., with insurance indemnity limit of CZK 600.000,-.
Article I. – Subject of performance
- The Company operates the webpage https://czechmtbholidays.com/ where it offers its services to third parties – organization of holiday trips connected with cyclotourism in the states of the European Union and EEA, primarily in the Czech Republic though, which include arrangement of services of a guide specializing in mountain biking, accommodation, alimentation, transfer and other related services. Customers can order their selected trip on the aforementioned website under the conditions mentioned further.
- Only persons who are 18 years of age or older may order travels organized by the Company and sign up a contract. A person older than 15 years of age can take part in a travel only with the consent of their legal representatives.
- The Company concludes a travel contract with its Customers, and as a travel organizer undertakes to provide its Customers with a pre-set package of tourism services and the Customers undertake to pay the total price for these services (hereinafter referred to as “Contract”).
- The Company offers the following types of trips:
BOHEMIAN TOUR – an eight-day trip to southern and eastern Bohemia (Singltrek pod Smrkem, Trutnov Trails, Kokořínsko), detailed itinerary available at https://czechmtbholidays.com/discover-bohemian-tour/;
- MORAVIAN TOUR – an eight-day trip to central and northern Moravia (Singletrail Moravský kras, Jeseníky, Rychlebské stezky), detailed itinerary available at https://czechmtbholidays.com/discover-moravian-tour/;
- WALLACHIAN TOUR – an eight-day trip to Wallachia (Bike Resort Valašsko, Beskydy, Marikovské Traildorado), detailed itinerary available at https://czechmtbholidays.com/discover-wallachian-tour/;
- SINGLETRACKER TOUR – a five-day trip to eastern Bohemia (Singltrek pod Smrkem, Trutnov Trails), detailed itinerary available at https://czechmtbholidays.com/discover-singletracker-tour/;
- TAILORED TOUR – a tailor-made trip according to client’s wish and requirements, the scope of services and price is subject to individual agreement between the Company and the Customer.
- All types of trips are limited in capacity by a maximum of fourteen (14) participants. The minimum number of participants is not determined, though. Customers can order individual variants of the trips until the capacity of the trip has been reached. They also take notice of the fact that the trips are not intended for a selected and closed group of people, but can be taken part in by both individuals and groups of varied number of people. A trip intended and set up for a closed group of people can be arranged based on prior agreement with the Company.
Article II. - Services
- Based on specifications of trips stated in Article I, paragraph 4a) to 4e), the Company provides the customers with the following services that are included in the price of the trip:
- Transport of customers, their luggage and bicycles from/to the airport and for the whole duration of the trip;
- Quality accommodation in double bedrooms, breakfast or half-board included (depending on the trip description);
- Rental of mountain bikes (premium brands) including service works with a surcharge of EUR 200;
- Services of a guide specialised in mountain biking.
- The Company does not arrange transport to the location stipulated as the starting or finishing point of the trip (airports in Prague, Brno, Bratislava, Vienna, depending on the particular trip variant). The Customer is required to arrange their transport to / from the location determined as the starting and finishing point, and is requested to fully cover any expenses related to the transport.
- The Company does not provide travel insurance of their Customers during the trip. The company recommends that their customer have valid travel insurance policy that covers the whole duration of the trip. Any costs related to the travel insurance are fully covered by the customer.
- In the event of a conflict of these General Terms and Conditions and information at the website, information provided on the Company website https://czechmtbholidays.com/ take precedence, as far as the scope of services is concerned.
Article III. – Dates of Trips
Dates of trips are determined by the Company in advance, and these dates are presented on the website https://czechmtbholidays.com/ for each individual variant of the trip separately. It is an exclusive right of the Company to specify the dates of trips.
- Customers select and choose from individual variants of trips on dates specified on the website: https://czechmtbholidays.com/.
- To arrange a trip that would take place in another date than specified as provided above is possible only based on individual agreement with the Company.
Article IV. – Entering into Agreement
- The travel contract between the Company and the Customer is considered concluded when the Company confirms to the Customer that it accepts their booking of the trip that the Customer made via the https://czechmtbholidays.com/booking/ website or by e-mail. The concluded travel contract is valid from the day that the Customer pays an advance payment for the price. This advance payment amounts to EUR 400,- in case of standard BOHEMIAN / MORAVIAN / WALLACHIAN / SINGLETRACKER TOUR or a different sum in EUR currency confirmed upon individual agreement between the Company and the Customer.
- The advance payment shall be paid based on an invoice issued by the Company to the Customer, and shall be paid either by the means of credit transfer to the bank account of the Company, or through the GoPay payment service. In this latter case, the link to this payment service shall be a constituent of the invoice in question, and it will have a due date of seven (7) days from the date the invoice was issued.
- Immediately after the travel contract has been concluded, the Customer shall obtain a confirmation of the trip that will include the following:
- Description of contracting parties;
- Definition of the trip including travel services included in the price of the trip, details of accommodation, board, and transport;
- Definition of services NOT included in the prices, alternatively prices for which the services can be arranged;
- Details of the price of the trip, due dates of the price of the trip, and the amount of advance payment and any fees that are not included in the total price;
- Definition of the means through which the customer can claim their rights if the organizer does not fulfil their duties (will include due date to claim such right);
- The amount of compensation within the scope of Section 2536 of the Civil Code;
- The Company reserves the right to reject an order if the capacity of the particular trip has been reached, the order is made incomplete (including not providing contact details of the customer), or in the case of repeated violation of these Terms and Conditions on the part of the Customer.
Article V. – Price
- The prices of trips are stipulated by the Company to be valid for the whole season (starting on January 1, and finishing on December 31 on the particular calendar year) and are specified as the price for the trip for a single participant. The current prices of the trips are to be found on the website https://czechmtbholidays.com/booking/.
All prices of the trips are specified in EUR and are VAT inclusive. The Company is VAT payer.
The prices of trips are stipulated based on the number of participants in the trip; the rule is that the greater the number of participants is, the lower is the price of the trip, see the chart below.
|Participants ||3 ||4 ||5 ||6 ||7 ||8 ||9 ||10 ||11 ||12 ||13 ||14|
|EUR Price 2019 (valid for all 2020 bookings made until end of October 2019)|| 960|| 910|| 870 ||860|| 850|| 840|| 830 ||820|| 810|| 800|| 790|| 780|
|EUR Price 2020 || 1060|| 1010|| 970 ||960|| 950|| 940|| 930 ||920|| 910|| 900|| 890|| 880|
- If a Customer books the trip for a particular price determined by a smaller number of participants who have been registered for the same trip at the time of the Customer’s booking, and subsequently, several other Customers book the same trip, which means lower price as stipulated in these Terms and Conditions is to be applied, those Customers who made their original bookings for higher prices shall be given a discount by the Company. The discount shall correspond to the difference between the price of the trip as was at the time of the original booking, and the price of the trip stipulated according to the final number of participants. Should it happen that this difference is null or minus, the discount shall not be provided.
The discount in compliance with paragraph 4 of this Article shall be taken into account in the final billing, based on which the rest of the price of the trip as specified in these Terms and Conditions will be payed.
- The Company requests that an advance payment of EUR 400,- per person for the trip to be paid, and the payment is specified to be EUR 400,- per person. The Customers undertakes to pay the advance payment immediately after making their order and being sent an invoice issued by the Company. The payment shall be made either by a credit transfer, or through GoPay service. In this latter case, the link to this payment service shall be a constituent of the respective invoice, and it will have a due date of seven (7) days from the date the invoice was issued.
The rest of the price of the trip to be paid shall be accounted to the Customer by the Company two weeks before the start of the trip at the latest. The Customer undertakes to pay the rest of the price of the trip based on an invoice issued by the Company to the Customer. The payment shall be done either by the means of credit transfer, or through the GoPay service. In this latter case, the link to this payment service shall be a constituent of the respective invoice, and it will have a due date of seven (7) days from the date the invoice was issued.
An example to illustrate the mechanism for providing the discount: A customer makes a booking for the BOHEMIAN TOUR trip for the price of EUR 960,- per person (being the first person to have made a reservation for the particular date, the price is the highest possible). However, the same trip in the same date is booked by 10 other customers later on. Total number of participants is 11 then. The price of the trip for 11 participants is EUR 810,- per person. The first customer to have booked the trip for the price of EUR 960,- shall be given a subsequent discount of EUR 150,-. This means that when the rest of the price of the trip is to be settled with the first customer, he shall pay EUR 410,- (on condition that the advance payment of EUR 400,- has been paid by the first customer).
Article VI. – Changes of Agreements, Terms and Conditions for Cancellations
- In case the Company is forced to change conditions of a trip due to external causes and circumstances, the Company shall inform their customers and propose a change of the Contract that will include possible changes of the price of the trip caused by the change of the actual Contract.
- If the Customer rejects the change of the Contract, they have the right to withdraw from the Contract in five days following the day that the proposal of the change of the Contract has been delivered to them. If the Customer does not withdraw from the Contract within the term specified, it is so understood that they agree with the change of the Contract.
- Customer’s cession of the Contract to a third person will be admitted only upon prior consent of the Company.
- The Customer is entitled to withdraw from the Contract without giving any reason, provided that they will pay compensation to the Company.
- Furthermore, the Customer has the right to withdraw from the Contract based on the Company not having fulfilled their contractual obligations. In such case, the Customer is not obliged to pay the compensation.
- Should the Customer violate his obligations, the Company has the right to withdraw from the Contract. In this case, the Customer is obliged to pay compensation to the Company.
- It is agreed that the amount of compensation corresponds to the amount of the advance payment for the trip, i.e. EUR 400,- per person.
- The withdrawal from the Contract must be carried out in writing, signed by the party to withdraw from the Contract, and sent either by an e-mail, or by post to the address of the registered office or permanent residence of the other contracting party.
Article VII. – Travel Documents, Visa, Insurance
The Customer is obliged to have their travel documents (passport or ID, if travelling within the Schengen Area) on them.
The Customer is obliged to learn beforehand their duties related to a trip in a particular state included in the European Union or European Economic Area, especially with regards to the existence of visa or similar obligations that might be valid for them, and is obliged to fulfil them and acquire all necessary permissions before they commence their trip.
- The Company recommends that their Customers have travel insurance policy valid for the whole duration of the trip. Any costs incurred in relation to that shall be fully covered by the Customer.
Article VIII. – Customer´s Obligations
The Customers are obliged to:
- follow the local laws and regulations of the state in which the trip is taking place;
- observe the safety rules and instructions provided by the Company at the start of the trip of during the trip;
- use MTB helmet for every single moment spent on the bicycle;
- inform the Company in advance about any health complications and limitations, if these occur during the trip, the Customer is obliged to inform the Company immediately;
- take proper care of the borrowed bicycle, protect the borrowed bicycle from any damage or theft and not to leave the borrowed bicycle unattended; in case of breach of the aforesaid obligations by the Customer, a damage claim may be submitted by the Company;
- The Customers are obliged to act in such way that no damage to health or property is caused to anyone, even himself. The Customers shall not overestimate their own abilities. The Customers attend the trip at their own risk.
Article IX. – Claims and Complaints
- In case the Company does not fulfil its duties that result from its status of the organizer of the trip, especially if the trip lacks the qualities that the Company assured the Customer of, or that were originally expected by the Customer based on the offer and the usual level of qualities, the Customer has the right to make claim against the Company.
The Customer is obliged to make the claim without undue delay after finding of the violation against the organizer’s duties, so that immediate remedial steps could be taken by the Company, and is also obliged to provide the organizer with any necessary assistance so that the claim could be settled, and the remedy taken.
- Should a Complaint or Claim occur after the trip has ended, it shall be done within ten days at the latest after the end of the trip.
- In their Claim, the Customer shall inform the Company about any issue they consider to be the violation of the Organizer’s duties, and will specify an adequate term for the Organizer to remedy the matter.
- The Organizer undertakes to deal with the Claim without any undue delay, which means within a period of one month at the latest after the Claim has been made.
- The Customer is entitled to rights as stemming from the Section 2537 and subsequent of the Civil Code.
- Contracting parties pledge to try to come to an agreement about any possible disputes that might arise between them. However, if they fail to do so, they can seek for an out-of-court settlement of the case at Czech Trade Inspection Authority, CTIA (Česká obchodní inspekce, ČOI, www.coi.cz).
Article X. – Information About Processing of Personal Data
- The Company commits to process personal data of their Customers in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural person with regard to the processing of personal data and on the free movement of such data.
- The Company, being the controller of the personal data, processes the following personal data of its Customers: name, surname, date of birth, address, number of ID or passport, and contact details (e-mail, mobile phone).
- Fulfilment of the duties the Company has as the organizer, which results from the Travel Contract, is the purpose and legal title for processing of Customers’ personal data.
- Personal data of Customers are not passed to any third parties within the Czech Republic, EU states or EEA, or third parties. The only exception to this rule is the fact that the personal data of Customers are provided to accommodation providers in order to provide for accommodation during the trip.
- Customers’ personal data shall be stored for the period necessary to exercise rights and fulfilment of duties arising from the Travel Contract, or for a longer period of time if this is required by applicable legal provisions (e.g. for the purpose of records retention). Personal data of Customers that are processed based on the consent of the data subject can be stored until the consent with processing is withdrawed.
- The data subject has the right to request access to his personal data, their rectification or erasure, or request restrictions to processing, or can propound an objection against processing, and simultaneously has the right for the data portability.
- Furthermore, the subject of personal data has the right to file an appeal to a supervisory authority if the processing of their personal data is inconsistent with these Terms and Conditions, or with general laws and regulations.
Article XI. – Final Provisions
- The rights and duties that are not explicitly determined and stipulated by these Terms and Conditions are governed by Czech law, especially by applicable provisions of the Act No. 89/2012 Coll., of the Civil Code.
Invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity and enforceability of any other provisions or these Terms and Conditions as a whole.
Sport Development s.r.o.
Czech MTB Holidays
tel. +420 608 423 294