General Terms and Conditions

General Terms and Conditions of Happy Guides s.r.o. for the Provision of Sightseeing Tours and Other Travel Services

These Terms and Conditions govern the relationships between the Provider and the Customer in the provision of sightseeing tours and other travel services unless agreed otherwise.

1. Definitions

Provider: Happy Guides s.r.o., Lidická 303/35, Smíchov, 150 00 Prague 5, Czech Republic, Id. No.: 05894344, a company registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 271381, e-mail: info@happy-guides.com, tel.: +420 777 049 009

Customer: Customer is an entity that has entered with the Provider into an agreement on the provision of a sightseeing tour or other travel services.

Sightseeing tour: Sightseeing tour means a guided tour, including the necessary transport.

Other travel services: Other travel services include all other individual travel services except for sightseeing tours, and any such combinations of travel services which do not form a package tour or a linked travel arrangement.

Services: A sightseeing tour, other travel services or both.

2. Subject of the Agreement

  1. The Agreement stipulates the Provider’s obligation to provide services to the Customer.
  2. The Customer agrees to pay the agreed price to the Provider for the services.

3. Conclusion of the Agreement

  1. The services specified on the Provider’s website do not constitute an offer to enter into an agreement and are only indicative.
  2. Based on the Customer’s request for conclusion of an agreement, the Provider will prepare an offer of services comprising a detailed description of the services and the total price of the services. The Provider will send the offer to the Customer’s e-mail address. As a rule, the offer is further specified through mutual e-mail communication between the Customer and the Provider into its final form.
  3. The Agreement is concluded after unambiguous approval of the Provider’s offer by the Customer in electronic communication.

3. Price of services and payment terms

  1. An indicative price of the services is given on the Provider’s website. The Customer will receive information on the final price of the services including VAT by e-mail as part of the Provider’s offer created following mutual communication on the final contents and terms and conditions of the services. The Customer may choose one of the manners of payment set out on the Provider’s website during the communication on execution of the Agreement.
  2. After conclusion of the Agreement, the Customer will receive an advance invoice by e-mail. Unless agreed otherwise, the advance payment equals 100% of the price of the services and is payable 30 days before the commencement of the services. If services are ordered less than 30 days before their commencement, the invoice is payable within 3 days of its issue unless agreed otherwise. The Provider will issue the relevant bill (tax receipt) to the Customer not later than 7 days after the provision of the last agreed service.
  3. In case of an international bank transfer of money, the price of the services will be deemed paid once the entire billed amount is credited to the Provider’s account. The Customer is obliged to set the payment parameters so that the amount is not decreased during the transfer. On request, the Provider will inform the Customer of the amount to be paid in a currency chosen by the Customer. The Provider must comply with the same rules when making any payment to the Customer.

4. Service characteristics

Unless agreed otherwise, services are subject to the following rules:

  1. Pick-up in Prague city centre is free of charge.
  2. Pick-up at a hotel is not part of the services and is not included in the duration of the services.
  3. The agreed time and place of pick-up must be respected. If pick-up is missed due to non-compliance with the agreed conditions, this is not a ground for a refund.
  4. The time of commencement of the services is not necessarily identical with the time when the Customer is picked up.
  5. The specified time of pick-up depends on traffic in Prague. A delay is not a ground for a refund.
  6. Customers accommodated at a walking distance from the place of departure will be picked up at the hotel by the Provider’s employee, who will accompany the Customers to the place of departure on foot.
  7. Sightseeing tours end in Prague city centre unless agreed otherwise.
  8. Tours are guaranteed in the English language.

5. Cancellation terms

  1. Unless expressly agreed otherwise with the Customer, the Customer may withdraw from the Agreement for any reason without the obligation to pay a cancellation fee no later than 30 days before the commencement of the services. If the Customer withdraws from the Agreement, the Provider will refund to the Customer, without undue delay, but not later than within fourteen days of the withdrawal, all the money paid by the Customer minus any charges associated with the refund.
  2. A cancellation fee of 100% of the price of the services will be charged in case of later withdrawal.
  3. If the Customer does not withdraw from the Agreement but nonetheless fails to utilise the ordered services at the agreed time, this will be deemed a cancellation of the service at the time of its planned commencement, and the Provider will charge a cancellation fee in the amount of 100% of the price of the service.

6. Change and cancellation of provision of the service

  1. Partial changes in the contents of the services are reserved.
  2. Any changes in the contents of the services caused by an unavoidable and unpredictable event, e.g. unexpected changes in the opening times of the buildings to be visited, are reserved.
  3. In case of a significant change in the cost of the services on the part of the Provider or its suppliers during the period between the execution of the Agreement and the provision of the services, the Provider may increase the price of the services. Only changes resulting in an increase in the actual cost of the package tour by at least 10% are considered significant. In case of a significant decrease in costs under the same conditions, the price of the services shall be reduced accordingly.
  4. If a service cannot be provided for objective reasons, the Provider will notify the Customer of this fact without undue delay and refund to the Customer the total amount paid by the Customer within 14 days of the cancellation.

7. Assignment of rights and obligations

The Provider may assign the rights and obligations following from the Agreement to a third party.

8. Obligations of the Customer

  1. During the entire term of the service, the Customer is obliged not to leave the group and to follow instructions of his/her guide. Separation from the group and any potential interruption of utilisation of the service is not a ground for a refund.
  2. The Customer is obliged to act so as to prevent damage, especially harm to health, both in relation to him/herself and with regard to other customers and the Provider. The Customer is obliged to respect the laws of the Czech Republic, local customs and rules laid down by the Provider and its subcontractors.
  3. The Customer is obliged to act so as to avoid forgetting his/her personal belongings in buses, on boats or in the buildings visited. The Provider is not responsible for these things.
  4. The Provider is not liable for any damage caused by the Customer him/herself, caused by a third party or caused by force majeure.

9. Complaints procedure

  1. If a service provided has any defects, the Customer has to report the defect (submit a complaint) to the Provider without undue delay, at best immediately after the end of the service.
  2. The Provider is obliged to confirm receipt of the complaint to the Customer in writing. The Provider shall determine whether a complaint is justified and decide on the Customer’s claims following a received complaint without undue delay, but not later than within 30 days, and send the decision to the Customer’s contact e-mail address.
  3. Prior to commencement of any services, it is necessary to notify the Provider by e-mail of any allergies, possible physical and other limitations and other information that the Provider needs to know to provide its services in a manner respecting the Customer’s safety.

10. Personal data protection

  1. The Customer acknowledges that for the purposes of performance of the Agreement and for the purpose of performing its statutory duties, the Provider is authorised to process his/her personal data within the following scope, in particular: name, surname, date of birth, necessary details from the passport within the scope of the Agreement (if selected services need to be arranged), bank details, address of residence or other contact address, e-mail address, telephone number, flight number, information on allergies, medicaments and other health problems.
  2. The Customer acknowledges that the Provider will process his/her personal data within the scope of the name, surname, address, telephone number and e-mail address for the purpose of sending commercial communications. The Provider may send commercial communications by SMS, MMS, e-mail, regular mail or communicate them by telephone. The Customer may object to sending of commercial communications at any time, either by a letter sent to the Provider’s address or by an e-mail sent to the following e-mail address: info@happy-guides.com
  3. The above provisions also apply analogously to persons for whose benefit the Customer concluded the Agreement (co-travellers). By concluding the Agreement, the Customer represents that he/she is authorised to grant consents on behalf of the co-travellers, whether based on a contract or some other authority.
  4. The Customer acknowledges that the Customer has the following rights as a data subject, in particular:
    a) To request from the Provider access to and rectification or erasure of personal data or restriction of processing of his/her personal data, or to object to processing of personal data as well as the right to data portability;

b) To request that the Provider restrict the processing of his/her personal data if (i) the Customer simultaneously denies the accuracy of his/her personal data, for the period necessary for the controller to verify the accuracy of his/her personal data; (ii) the processing of his/her personal data was unlawful and the Customer does not request the erasure of the personal data but rather requests a restriction of their use; (iii) the Provider no longer needs his/her personal data for the purposes of the processing, but they are required by the Customer for the establishment, exercise or defence of his/her legal claims; or (iv) the Customer has objected to processing of his/her personal data, until it is verified whether the Provider’s legitimate grounds override the legitimate grounds on the part of the Customer. If processing of the Customer’s personal data has been restricted, the Customer’s data may be processed, except for storage, only with the Customer’s consent.

c) To lodge a complaint with a supervisory authority, i.e. the Office for Personal Data Protection.
d) To obtain from the Provider at any time a confirmation that his/her personal data are being processed, and if this is so, the Provider is obliged to provide him/her with the following information and submit to him/her a copy of the personal data being processed, on request: (i) the purpose of processing; (ii) the categories of personal data that it processes; (iii) the recipients or categories of recipients to whom his/her personal data have been or will be disclosed; (iv) the planned time for which his/her personal data will be stored, or if it is not possible to determine this time, the criteria used to set this time; (v) the existence of the right to claim from the controller rectification or erasure of the personal data concerning the Customer or restriction of their processing, and object to this processing; (vi) the right to lodge a complaint with the supervisory authority; (vii) the fact that automated decision-making is taking place, including profiling.

e) To be provided with his/her personal data that are being processed by the Provider in a structured, commonly used and machine-readable format, and transfer these data to another personal data controller if (i) the processing of the Customer’s personal data is based on consent to personal data processing; or (ii) the processing is taking place by automated means. If possible, the Provider will transfer the Customer’s personal data to another controller.

11. Final provisions

  1. Other matters not regulated by these General Terms and Conditions shall be governed by the Czech laws, in particular the applicable provisions of Act No. 89/2012 Coll., the Civil Code.
  2. The Customer may resolve any disputes arising out of the Agreement out of court through the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, www.coi.cz.
  3. The Customer may use the online dispute resolution platform to resolve a dispute. More detailed information on the conditions of online dispute resolution is available at http://ec.europa.eu/odr.
  4. The Czech law is applicable to the resolution of any potential disputes and the courts of the Czech Republic have jurisdiction in this regard.

These General Terms and Conditions are valid and effective for agreements concluded from 1 January 2020.