General Terms and Conditions

General Terms and Conditions

hunting travel agency HEMING s.r.o.

 

Article I

General Provisions

  1. These terms and conditions regulate the rights and obligations of the contracting parties regarding the provision of tourism services arising from the conclusion of a tour contract between the trader and the traveler, or the orderer, the subject of which is the procurement of a tour (hereinafter referred to as the "Tour Contract").
  2. The subject of these terms and conditions is to define the rights and obligations of the contracting parties arising from the Tour Contract and to provide information in accordance with Section 14 of Act No.170/2018 Coll. on tours, related tourism services, certain conditions of tourism business and on amendments and supplements to certain acts (hereinafter referred to as the "Tour Act") and in accordance with Section 3 (1) of Act No 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's premises and on amendment and supplementation of certain acts, as amended by later regulations and other relevant legislation.
  3. These terms and conditions are drawn up in accordance with:
  • Act No. 170/2018 Coll. on Tours, Related Tourism Services, Certain Conditions of Tourism Business and on Amendments and Supplements to Certain Acts
  • Act No. 40/1964 Coll., the Civil Code, as amended,
  • Act No. 250/2007 Coll. on Consumer Protection, as amended,
  • Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Supplements to Certain Acts, as amended,
  • Act No. 22/2003 Coll. on Electronic Commerce and on Amendment and Supplementation of Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on Amendment and Supplementation of Certain Acts, as amended by Act No. 284/2002 Coll.
  • Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes, as amended and other relevant legislation.
  1. These terms and conditions are displayed on the heming.sk website, thus enabling their archiving and reproduction.
  2. By signing the tour contract, the traveler or the orderer party confirms that he/she has thoroughly read the terms and conditions and understands their content. These terms and conditions are an integral part of any contractual relationship between the trader and the traveler or orderer party and apply to all tours organized by the trader, including those which are not part of the current offer but are tailor-made according to the traveler’s requirements, as well as to all sub-services related thereto.

 

Article II

Definition of Terms

  1. The Trader is a hunting travel agency:

Business name: HEMING s.r.o.

Registered Office: Mierová 371/24, Bratislava - mestská časť Ružinov 821 05

Company registered in the Commercial Register of the District Court Bratislava I

in sec. Sro, vl. no. 152216/B

ID: 53 716 035

TAX ID: 2121485850

VAT ID: SK2121485850

Rep.: Mgr. Roman Valent, JUDr. Tomáš Melich

E-mail: info@heming.sk

Phone no.: +421 947 919 156

(hereinafter referred to as the „Trader").

  1. An Intermediary is a natural person entrepreneur or a legal person who is authorized under an intermediary contract to mediate the conclusion of a contract between the trader and the traveler and to represent the trader in legal acts related thereto (hereinafter referred to as the „Intermediary").
  2. A Traveler is a natural person or a legal person who concludes a tour contract or a contract constituting a linked tourism service with a trader or to whom tourism services are to be provided on the basis of a concluded tour contract (hereinafter referred to as „Traveler“). If there is more than one person on the traveler’s side, all of them are jointly and severally obliged to fulfil their obligations under the law and these GTCs.
  3. The Orderer of the tour is the natural or legal person who has concluded a contract with the Trader for the tour, however, this person may or may not be the traveler at the same time. If the Ordered is not also the traveler, he/she shall be jointly and severally liable with the travelled for payment of the tour price.
  4. A Travel service is the transport, rental of motor vehicles or certain motorcycles requiring a Category A driving license, or other Travel services which are not a natural part of the Travel service referred to in the preceding part of the sentence (hereinafter referred to as „Travel services“ or „Services“).
  5. A Package travel is a combination of at least two different types of Travel services purchased for the purpose of the same trip, if they are combined by a single Trader, regardless of whether separate contracts are concluded with individual service providers, provided that the conditions under Section 3 (1) of the Package Travel Act are met.
  6. A Point of sale is an establishment or other premises where the Trader usually carries out his business, including a website www.heming.sk or other means of remote communication that allow the conclusion of a contract without the simultaneous physical presence of the parties.
  7. A Distance contract is a contract concluded between the Trader and the traveler according to these GTC via the Trader's website without the physical presence of the traveler.
  8. A Durable medium means any instrument which enables the traveler or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored, in particular paper, email, USB stick, CD, DVD, memory card or computer hard drive.
  9. The Supervisory authority shall be:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Bratislava Region

Bajkalská 21/A, P.O.BOX No. 5, 820 07 Bratislava   

Supervision Department

Phone no. 02/58272172

email: ba@soi.sk

https://www.soi.sk/

 

Article III

Conclusion of the Contract

  1. The current offer of tours is published on the trader's website and in its offer catalogue. The traveler selects the chosen tour on the website and by filling in the enquiry form or by other appropriate means asks the trader to process the quotation. Once the price offer has been agreed, the parties conclude the tour contract by signing it by both parties. A tour contract signed by the trader and the traveler or the orderer or their legal representative or authorized representative shall be deemed to be a concluded contract. The legal representative acts on behalf of minor children. Only a duly authorized attorney may act on behalf of the principal, who shall produce a power of attorney at the request of the trader.
  2. The tour contract may also be concluded in another appropriate way, e.g. by confirmation of the quotation by email from the traveler or via a booking form.
  3. The concluded tour contract is binding and can only be changed or cancelled by agreement of both parties or for legal reasons.
  4. By concluding the contract, the traveler confirms that the trader or the intermediary provided him/her with information in accordance with Sections 11 and 12 of the Travel Act prior to the conclusion of the contract.
  5. All written documents and information provided by the trader or intermediary are an integral part of the tour contract, in particular:
  1. these GTC as amended,
  2. the standard information form for tour contracts,
  3. the offer catalogue with price list,
  4. written instructions - more detailed information about the tour, stay or services booked,
  5. information published on the trader's website.
  1. The trader reserves the right to state in special written offers different conditions and specifications than those stated on the website and in these GTC, which shall prevail over these GTC.
  2. The intermediary is not entitled to conclude a contract with the traveler which contains different terms and conditions than those stated by the trader on its website, in the offer catalogue with the price list, or other published documents. Documents and information provided to the traveler by the intermediary which are not identical to those of the trader do not form part of the travel contract.
  3. In the event that there are more than one person on the traveler’s side, the traveler who signs the contract confirms that he/she is authorized to act for the other listed travelers and to conclude the tour contract on their behalf. At the moment of signing of the contract by the authorized traveler, the contract shall also become effective for all other travelers. All travelers are jointly and severally entitled and obliged to all rights and obligations under the tour contract. The traveler confirms that he has provided the other travelers with full information about the contract and its terms and conditions and undertakes to provide them with all documents requested by the Trader necessary for the provision of the travel services.
  4. In the case of conclusion of a distance contract via the trader's website, it is not a conclusion of a contract outside the point of sale since the signing of the contract on behalf of the trader or the acceptance of the order takes place at the trader's point of sale.

 

Article IV

Specifics Concerning Hunting Trips

  1. The traveler acknowledges that the trader is a hunting tour operator that provides hunting tours.
  2. A person under 18 years of age and a person whose health condition so requires may only take part in the tour accompanied by a person over 18 years of age. The accompanying person shall be responsible for the person entrusted to him/her throughout the duration of the tour.
  3. By concluding the tour contract, the traveler acknowledges that the tours arranged by the trader are a specific type of tour with regard to their nature, the way they are organized, the countries visited and the conditions and circumstances therein (social, political-economic, social conditions, authorization and other procedures related to entering and staying in the country, etc.). For these reasons, the traveler acknowledges that when participating in the tour, changes may occur (e.g. changes in the program, timetable, itinerary, accommodation, mode of transport, meals, etc.), depending on the actual availability of services, which are beyond the control of the trader and for which the trader cannot therefore be held responsible.
  4. The traveler acknowledges that the tours and tourism services offered by the Trader require a certain level of physical and mental fitness. Individual services and tours are classified into one of four levels of difficulty, with level one being the easiest and level four being the most difficult. The traveler declares that he/she has familiarized himself/herself with the degree of difficulty of the chosen tour or tourism service and declares that his/her state of health, physical and mental condition corresponds to the degree of difficulty.
  5. The traveler declares that he/she has sufficient knowledge of his/her health condition and is fit to take the selected tour or tourism service. The traveler shall be liable for any damage suffered by him/her, other travelers, the trader or any third party as a result of his/her state of health, physical or mental condition not matching the chosen level of difficulty.
  6. By concluding the tour contract, the traveler confirms that he/she has familiarized himself/herself with the obligations arising from Act No. 274/2009 Coll. on Hunting and other relevant legislation, undertakes to comply with them and meets all the prerequisites for participation in the tour, in particular, but not exclusively, possesses a firearms license valid for the entire duration of the tour.

 

Article V

Tour Price

  1. The trader publishes on the trader's website and in the trader's offer catalogue the basic price of the tour, which is only indicative, and the price of the tour will be calculated by the trader based on the traveler’s requirements.
  2. The price of the tour is the price calculated individually based on the requirements of the traveler and is included in the tour contract or the trader's quotation. In the event that the data in the tour contract and the offer catalogue differ, the data in the tour contract shall be binding. The price of the tour is inclusive of VAT, as the trader is the VAT payer.
  3. The price of the tour includes those tourism services that are listed in the individual tour offers as services that are included in the price. Any additional services offered over and above those listed in the trader's basic offer will be provided to the travelers at extra charges, which will be published in the catalogue as additional services to the tour. The parties acknowledge that the price of the tour may additionally include costs and charges which cannot be determined prior to the conclusion of the tour contract and of which the traveler has been notified in advance in accordance with the law.
  4. The total price of the tour does not include fees related to hunting animals unless they are directly stated as part of the price in the tour contract. Other fees related to the hunting of animals are payable by the traveler to the trader in accordance with the valid price list and hunting protocol, based on an invoice issued within 3 days of the end of the tour, with a due date of 14 days. Other fees related to the hunting of animals include in particular:
  1. a fee for the game culling,
  2. a fee for game taken,
  3. a trophy fee set according to the point value of the trophy. Trophy scoring shall be carried out according to the international CIC method. The CIC trophy value is measured raw and is for commercial purposes only. The fee charged to the traveler for the preparation of the trophy is set separately for each service ordered, according to the species and trophy value of the game. In case of hunting or shooting of unauthorized game, a surcharge of 100% will be added to the price for the actual service ordered as agreed in the tour contract.

 

  1. The basis for the settlement of the supplementary payment in connection with hunting of animals is the hunting report, which contains data on the date of hunting, the species and number of animals hunted and the size of the trophies. The report shall be drawn up after the hunt and the evaluation of the trophies in the presence of the orderer and a committee composed of one representative of the local hunting club and one representative of the trader. The protocol shall serve as a document for the export of trophies outside the hunting country.
  2. The traveler acknowledges that in the event of non-use of some or part of the services due to reasons on the part of the traveler or for reasons for which the trader is not responsible, the traveler is not entitled to a discount on the price of the tour.
  3. The price of the tour is calculated per person accommodated usually in a room for two persons, unless otherwise stated in the description of the tour, i.e. in the event that it is not possible to accommodate the traveler in a room for two or more persons, the traveler is obliged to pay the extra charge for his/her own room on the basis of the calculation and the request for payment sent to the traveler no later than 60 days before the tour.
  4. The traveler expressly acknowledges that the air ticket to be provided as part of the tour price is generally an economy class ticket in the lowest price category. Airport charges are not included in the price of the tour but are a compulsory supplement. The amount of airport charges is subject to change and depends solely on airline policy, which is beyond the control of the trader. The estimated amount of airport charges is stated in the price offer or the tour contract.
  5. The Trader is entitled to unilaterally increase the price of the tour according to the conditions agreed in Article VII, paragraph 3 et seq. of these GTC.
  6. The trader has the right to have the total price of the tour paid before the commencement of the provision of tourism services. The traveler is entitled to the provision of tourism services only after the total price of the tour has been paid. In the event of failure to pay the total price of the tour duly and on time in accordance with the terms of payment, the trader shall be entitled to withdraw from the contract.
  7. The traveler is not entitled to a refund of the paid tour price due to unsuccessful hunting.

 

Article VI

Payment Conditions

  1. The traveler is obliged to pay 50% of the tour price within 3 working days from the date of conclusion of the tour contract, unless otherwise agreed between the contracting parties. If the traveler fails to pay the first part of the tour price within 3 days from the date of conclusion of the contract, both parties shall be deemed to have withdrawn from the contract and the contract shall be cancelled from the outset.  The remaining part of the tour price, including all mandatory payments and amounts not included in the tour contract, shall be paid by the traveler at the latest 60 days before the start of the tour. If the tour contract is concluded less than 60 days before the commencement of the tour, the traveler shall pay the tour price, i.e. including all compulsory payments not included in the tour price according to the tour contract, at the latest within 3 working days after the conclusion of the tour contract, unless otherwise agreed between the parties. The costs of insurance or other payments made through the trader shall be paid by the traveler within 3 days of the date of conclusion of the travel contract or such other date as may be agreed between the parties.
  2. The traveler shall make payment by bank transfer to the trader's account according to the payment terms sent by the trader.
  3. The price shall be deemed to be paid at the moment of crediting the funds to the trader's bank account.
  4. Upon payment of the full price for the tour, the trader shall issue a voucher for the tour. This voucher, together with the identity card/passport and the European firearms license, serves as proof of authorization to use your own hunting weapons in EU countries. This does not apply to non-EU travelers, who are obliged to visit their local consulate in the EU country concerned and apply for a permit to export the weapon to an EU country upon presentation of the tour voucher. Any traveler who is a hunter is obliged to carry these documents for the duration of the tour in the EU country concerned and to present them to the competent authorities on request.

 

Article VII

Tour Conditions

  1. The basic tour program is described in the offer catalogue, on the trader's website and in the individual offer made by the trader according to the traveler’s requirements. A more detailed program will be sent to the traveler before the start of the tour. The program is based on the trader's last known information about the hunt and its course in the context of the specifics and possibilities of the chosen destination. The traveler acknowledges that the program cannot be changed to suit the individual requirements of the traveler. The traveler is obliged to comply with the program schedule, organizational instructions, meeting and departure dates and the instructions of the guide or other accompanying staff.
  2. If the traveler does not respect the program and the tour schedule, endangers the program, safety, or the course of the tour, demonstrably harasses other travelers, or otherwise acts in violation of these GTC or the applicable laws of the Slovak Republic and the given country, he/she may be excluded from the tour. In case of exclusion, the traveler is not entitled to a refund of the tour price or its aliquot part, he/she is obliged to return home at his/her own expense and to compensate for the damage he/she has caused.
  3. Due to the special nature of hunting tours, the trader reserves the right to change the tour program regarding the current health, physical or psychological condition of the traveler, adverse natural, political or security conditions and other unforeseeable circumstances. In view of the foregoing, the traveler agrees that the traded is entitled to change the itinerary, the part of the tour, the program of the tour and its timetable in the circumstances mentioned above. The traveler acknowledges that such a change of program may require additional costs, which the traveler agrees to pay. This includes, but is not limited to, the reimbursement of the cost of air tickets in order to maintain the continuation of the tour or return home in the event of an unavoidable and extraordinary circumstance (e.g. war, terrorist attack, uprising, strikes, earthquake, other natural disasters, spread of contagious disease, decision of state authorities, embassies, e.g. in connection with the granting or not granting of visas, etc.), or other threat to the safety, health or life of the traveler) or if the originally planned route of the tour is impassable. In the event of non-acceptance of the change of the tour, the traveler undertakes to pay the related costs and is entitled to separate from the tour and to be transported home at his/her own expense, without being entitled to a refund of the tour price or any aliquot part thereof.
  4. The parties agree that, due to the special nature of hunting trips, a material change in the terms of the contract shall not be deemed to be a:
  1. a change to the program pursuant to paragraph 3 of this Article,
  2. a change of accommodation within the same or a higher category for reasons for which the trader is not responsible, or for reasons of force majeure,
  3. a change in the place of embarkation, disembarkation, place and time of departure or arrival,
  4. change of mode of carriage and defects in carriage.
  1. The traveler acknowledges that any sporting or other optional activities during the tour are the sole responsibility of the traveler and are at his/her own expense.

Transport and luggage

  1. The trader arranges the transport of persons and luggage by various means of transport, but also by animals, considering their availability and the specificity of the country and the hunting trip. The details of each type of transport can be found in the offer catalogue, on the website and in the documents sent.
  2. Due to the specificity of the hunting trip, the traveler acknowledges and agrees to the possible change of the departure/arrival date and +-2 days, which depends on the current flight schedule of the airline concerned.
  3. In case of departure/arrival from Schwechat or Budapest airport, transport to and from the airport is provided by the trader at the price stated in the tour contract. If the traveler arranges transport to and from the airport individually, he/she does so at his/her own expense and responsibility.
  4. The traveler acknowledges and agrees that the trip may be extended or shortened by +-2 days due to the specifics of the hunting trip, force majeure or technical reasons.
  5. The trader shall not be liable for any defects in transport, such as delays, missed connections, breakdowns, etc., nor for the consequences arising therefrom. The amount of compensation as well as all other claims relating to air transport shall be governed by the relevant regulations applicable to air transport (in particular Regulation No 261/2004/EC of the European Parliament and of the Council) and the trader shall not be liable for delays in the start and end of the services as well as for services not used due to transport delays and shall therefore not provide financial or any other compensation.
  6. If the traveler arranges the transport independently, he/she is obliged to inform the trader in advance and arranges it at his/her own expense and responsibility. In the event of a change in the tour program, the trader shall not be liable for any increase in costs associated with the provision of individual transport.
  7. The traveler is obliged to comply with the weight restrictions for baggage set out in the conditions of the airline or transport company concerned. The trader shall inform the traveler of these conditions. In the event of non-compliance with these conditions, the traveler shall be liable to pay the additional costs involved.

Travel documents

  1. The traveler acknowledges that the data entered in the order and the tour contract must be identical to the data contained in the travel document that will be used to validate the tour, otherwise the traveler is liable for damages and undertakes to pay the related costs.
  2. The traveler is obliged to secure all visas, entry permits and other mandatory documents for entry and stay in all countries within the tour at his/her own expense and responsibility, unless otherwise agreed by the parties.
  3. If the traveler is interested, the orderer shall arrange for the application for an entry permit to be made at the traveler’s expense. In this case, the traveler is obliged to provide the trader with all the necessary documents, in particular a passport, valid for at least 6 months after the end of the trip, within a specified period of time, at least 3 months before the trip. Travelers of a nationality other than the Slovak Republic are obliged to check their visa requirements for all countries visited during the tour and to secure an entry permit at their own expense and responsibility.

Accommodation

  1. The traveler is usually accommodated in hotels of medium and higher category, however, due to the special nature of hunting trips, the traveler acknowledges and agrees that he/she may be accommodated in a lower category accommodation.

Meals

  1. The trader provides meals only in cases where this is expressly stated in the tour contract.

 

Article VIII

Rights and Obligations of the Parties

  1. The trader is obliged to:
  1. provide bankruptcy protection at all times during the operation of the travel agency and provide the traveler with information on bankruptcy protection,
  2. to procure the tour in accordance with the terms and conditions set out in the tour contract and these GTC,
  3. accurately inform the traveler of all facts relating to the tour that are known to the traveler,
  4. in the case of an intermediated tour, inform the traveler for which trader the sale of the tour is intermediated,
  5. in sufficient time before the start of the tour, provide the traveler with information and documents related to the tour that are not mentioned in this contract or on its website, in particular receipts, vouchers, tickets, entrance tickets, etc., by e-mail sent to the email provided; In the case of more than one person on the traveler’s side, such information and documents shall be sent to only one traveler, who shall be obliged to inform the other traveler,
  6. designate in writing a representative to whom the traveler in difficulty may address a request for assistance throughout the tour and who shall be authorized to receive and deal with the traveler’s complaints during the tour,
  7. in the event of cancellation of the tour date, provide the traveler with an alternative date or refund the funds paid within 14 days from the date of dispatch of the notice of cancellation of the tour date or refusal of the alternative tour date.
  1. The trader has a right to:
  1. to withdraw from the contract in cases arising from these GTC and the tour act,
  2. not to refund the payment for the tour to a traveler who fails to arrive at the designated departure point for the tour at the specified time or who is unable to participate in the tour due to invalid and incomplete travel documents,
  3. to be reimbursed for any costs incurred by the traveler as a result of the traveler’s failure to comply with these GTC or breach of his/her obligations under the tours act,
  4. to reschedule or cancel the tour if the minimum number of participants in the tour is not met, of which the traveler has been informed in advance, 7 days before the scheduled date of the tour,  
  5. to change the date or cancel the tour in the event of unforeseeable and unusual circumstances that could endanger the health and safety of the tour participants, such as extremely adverse weather conditions, e.g.: floods, storms, snow calamities, natural disasters, natural catastrophes, war conflicts, terrorist attacks, political unrest, etc.,
  6. require the traveler to pay a cancellation fee if the trader is entitled to it under these terms and conditions,
  7. change the route, place and time of departure if operational or other reasons so require.
  1. The trader reserves the right to exclude the traveler from the tour and/or hunting if he/she has violated his/her obligations under these GTC, the generally binding legislation of the Slovak Republic and the country concerned, the Hunting Act and other binding regulations and conditions relating to hunting or if it is necessary to ensure safety during the tour or regarding hunting. In the event of exclusion from the tour or hunting, the traveler shall not be entitled to a refund of the price paid for the tour or any part thereof and shall be obliged to return home at his/her own expense and responsibility.
  2. The traveler is obliged to:
  1. pay the tour price properly and on time,
  2. comply with his obligations under the Tour Act and, in the case of participation in a tour which includes hunting, with his obligations under the Hunting Act and other relevant legislation,
  3. provide true and complete information necessary for the conclusion and performance of the contract, notify the trader without undue delay of any change in such information and submit to the trader any additional documents necessary for the proper provision of the agreed services, e.g.: hunting invitation (if not provided by the trader), visa application, hunting license, firearms license, etc,
  4. notify the trader of any changes concerning the tour without undue delay,
  5. provide the trader with the necessary assistance in arranging the tour,
  6. notify the trader in good time, before the conclusion of the tour contract, of a nationality other than the Slovak Republic,
  7. to arrive at the place of departure for the tour at the specified time and with valid travel documents and, if necessary, with valid entry visas and all necessary documents that are essential for the tour to take place,
  8. if necessary, secure in good time a valid entry visa, travel documents, firearms license, and other documents necessary for participation in the tour,
  9. comply with vaccination or other health formalities when travelling to countries where this is required by international health regulations,
  10. to follow the instructions of the tour guide, authorized representative, or other accompanying person during the tour, to follow the tour program,
  11. comply throughout the tour with the customs, passport, transport, security, health, hygiene and other legislation of the countries to which he/she is travelling,
  12. refrain from acts and behavior that restrict, endanger, or harm other travelers or third parties, their property or health; in the event of a breach of this obligation, the traveler may be immediately excluded from the tour without any compensation,
  13. pay for the damage caused by his conduct and actions,
  14. wear the seat belt provided and not consume hot food or drink during the transfer.
  1. In case of participation of a traveler on a hunt, each traveler is obliged to have liability insurance for damage during the exercise of the right to hunt and to have a valid firearms license and hunting license. In case of interest, the trader will arrange the insurance.
  2. The traveler has the right to:
  1. to participate in the tour according to the contract and these GTC,  
  2. to receive the services according to the contract and these GTC,
  3. to withdraw from the contract under the terms of these GTC.

The traveler acknowledges that the trader does not guarantee the successful outcome of the hunt.

 

Article IX

Change of Contract

Referral of the tour contract

  1. Prior to the commencement of the tour, the traveler may notify the trader on a durable medium that another person who meets all the agreed conditions for participation in the tour will take part in the tour in his place; the consent of the third party to the assignment of the tour contract must be included in this notification. The change of traveler shall be effective against the trader if the notification of the assignment of the travel contract pursuant to the first sentence has been received by the travel agent within a reasonable period of time, but not later than seven days before the start of the tour, unless a shorter period has been agreed between the parties; on the date of receipt of the notification, the person referred to in the notification shall become the traveler.
  2. The original traveler and the new traveler shall be jointly and severally liable for the payment of the balance of the tour price and all fees, surcharges and other costs incurred in connection with the change of traveler and notified to them by the trader. The charges, surcharges and other costs referred to in the first sentence shall not be excessive and shall not exceed the actual costs incurred by the trader as a result of the assignment of the travel contract.

Change of tour price

  1. The parties agree that the trader is entitled to unilaterally increase the price of the tour as a direct consequence of changes relating to:   
  • the price of traveler transport resulting from changes in the price of fuel or other energy sources, in which case the price of the tour shall be increased by the value of the increase in the price of transport, when comparing the price of transport at the conclusion of the tour contract with the price of transport on the date of commencement of the tour,
  • the amount of taxes or charges for the tourism services constituting the tour charged by a third party who is not the direct provider of the tourism services constituting the tour, including local accommodation tax, airport and port charges or charges for embarkation or disembarkation at airports and ports, in which case the price of the tour shall be increased by the value of the increase in these taxes and charges when comparing the amount of these taxes and charges at the time of conclusion of the tour contract with the amount of these taxes and charges at the date of commencement of the tour,
  • exchange rates of currencies relating to the tour, in which case the price of the tour shall be increased by the value of the appreciation of the exchange rate of such currency against the EUR when comparing the value of such exchange rate at the time of conclusion of the tour contract with the value of such exchange rate on the date of commencement of the tour.
  1. A clearly and comprehensibly worded notice of the increase in the price of the tour on a durable medium, together with the justification and calculation of the increase in the price of the tour, must be sent to the traveler at least 20 days before the start of the tour, otherwise the trader will not be entitled to the payment of the difference in the price of the tour.
  2. The Parties agree that the traveler shall be entitled to a reduction in the price of the tour corresponding to the reduction in the costs referred to in paragraph 3 of this Article that has occurred between the conclusion of the tour contract and the commencement of the tour. The trader shall provide the traveler with the difference between the original price of the tour and the reduced price of the tour, after deduction of the actual costs incurred by the trader in connection with the change in the price of the tour, in the event of a price reduction pursuant to paragraph 1. At the request of the traveler, the trader shall provide confirmation of those actual costs.
  3. In the event of an increase in the price of the tour by more than 8%, the parties shall proceed in accordance with Clause VIII of these GTC.

Changing other conditions of the tour contract

  1. The trader reserves the right to change other conditions of the tour contract as well as the price according to the previous provision before the start of the tour, as long as the change is insignificant. The trader shall inform the traveler of the change in a clear, comprehensible and certain manner on a durable medium. A change in the conditions of the tour contract shall be deemed to be insignificant if there is a change of location and accommodation, provided that alternative accommodation of at least the same or higher category and in a similar area is provided, a change in the order of the places visited, a change in transport for transport, security or other operational reasons, a change in the place of departure and arrival, provided that free transport from/to the original place is provided;
  2. If the trader is forced to substantially change any of the essential features of the tourism services referred to in Section 14(2)(a) of the Tours Act before the commencement of the tour, or cannot meet the specific requirements of the traveler to which the trader has previously agreed, or proposes to increase the price of the tour by more than 8 per cent, the trader shall propose to the traveler a change to the tour contract. In this case, the trader shall promptly inform the traveler in a clear, comprehensible and certain manner on a durable medium of the proposed changes and their impact on the price of the tour and the traveler’s right to accept the proposed changes within a specified reasonable period of time or to withdraw from the tour contract without payment of a cancellation fee. If the traveler does not accept the proposed changes to the tour contract within the time limit, the tour contract shall be terminated.
  3. The trader may offer the traveler who has withdrawn from the tour contract pursuant to paragraph 3 (b) a replacement tour, if possible of equal or higher quality than the original tour. If the traveler withdraws from the tour contract pursuant to paragraph 3 (b) and does not accept the offer of a replacement tour as referred to in the preceding sentence, the trader shall reimburse the traveler for all payments made by or on behalf of the traveler without delay and at the latest within 14 days of the date of receipt of the notice of withdrawal from the tour contract.
  4. If the traveler accepts the change of tour, the funds paid will be used to pay for the new tour. If the price of the new tour is higher, the traveler shall pay the balance at least 30 days before the start of the tour. If the price of the new tour is lower, the traveler shall be entitled to an appropriate reduction in the price of the tour.
  5. During the course of the services, the trader is entitled to make changes to the tour program and the tourism services provided, if for objective reasons, force majeure, decisions of state and other competent authorities or extraordinary circumstances beyond the trader's control and foreseeability, it is not possible to provide the original tour program and services, the trader shall be obliged to provide a replacement program or services of comparable scope and quality. As long as the trader provides a replacement program or services of at least a comparable standard, the traveler shall have no claim in respect of the change, such as a claim for a discount on the price of the tour. 
  6. The trader shall not be liable for the consequences in the event of a change in the program or services that arise in connection with an event that could not have been foreseen or prevented even with all reasonable efforts.
  7. If the traveler orders additional services from the trader during the tour, he/she is obliged to pay the agreed price for them.  
  8. The traveler acknowledges that due to unforeseeable circumstances beyond the control of the trader, the program may be delayed, in particular due to flight delays or cancellations or delays in other means of transport.

 

Article X

Withdrawal from the Contract

  1. The traveler has the right to withdraw from the contract at any time before the start of the tour by written notice sent to the trader by e-mail or post. In the event of withdrawal by the traveler, the parties have agreed on a severance payment, the amount of which shall take into account the time of withdrawal from the tour contract before the commencement of the tour, the anticipated reduction in costs due to the failure to provide the tourism services constituting the tour to the traveler and the anticipated income from the replacement sale of tourism services.  The severance payment shall be payable by each individual traveler, irrespective of the age and number of persons on the traveler’s side, and the amount of the severance payment shall be as follows:
  • in case of cancellation of the contract 50 days or more before the start date of the tour, the traveler will pay 50% of the tour price,
  • in the event of cancellation between 49 and 40 days before the start date of the tour, the traveler shall pay 60% of the tour price,
  • in the event of cancellation between 39 and 30 days before the start date of the tour, the traveler shall pay 80% of the tour price,
  • in the event of cancellation between 29 and 15 days before the start date of the tour, the traveler shall pay 10% of the tour price,
  • in the event of cancellation between 15 and 0 days before the start date of the tour, the traveler shall pay 100% of the tour price.
  1. In the event of cancellation, the travel insurance fee is not refundable.
  2. The trader is entitled to set off his claim for payment of the cancellation fee against the advance payment and/or the paid tour price received from the traveler by unilateral legal action.  
  3. If a traveler withdraws from the contract in the case of multiple travelers, the traveler shall be obliged to pay any additional charges incurred in connection with the withdrawal (e.g. single room charge, supplementary charge for multi-capacity accommodation, etc.) together with the cancellation fee, unless the parties have agreed otherwise.
  4. If the traveler does not join the tour or does not start using the services provided by the trader for any reason, he/she shall not be entitled to a refund of the funds paid or any part thereof.
  5. The trader may withdraw from the contract before the commencement of the tour without any obligation to compensate the traveler for the damage caused by the withdrawal, only if:
  1. the number of participants in the tour is less than the minimum number of participants required under the tour contract and the trader withdraws from the tour contract within the period specified in the tour contract, but not later than
  • 20 days before the start of the tour if the tour is for more than 6 days,
  • 7 days before the start of the tour if the tour is between 2 days and 6 days,
  • 48 hours before the start of the tour in the case of journeys lasting less than 2 days, or
  1. unavoidable and extraordinary circumstances prevent the trader from performing the tour contract and the trader notifies the traveler of the cancellation of the tour contract immediately before the start of the tour.
  1. In the event of withdrawal from the tour contract, the trader shall reimburse the traveler for all payments received from or on behalf of the traveler based on or in connection with the tour contract without delay, but no later than 14 days from the date of receipt of the notice of withdrawal from the tour contract or the trader's withdrawal from the tour contract. Paragraph 3 of this Article shall be without prejudice.

 

Article XI

Responsibility for the Provision of the Tour

  1. The trader shall be liable for breach of the tour contract, even if other providers of tourism services provided in the tour have obligations (hereinafter referred to as "breach of the tour contract").
  2. If any of the tourism services are not provided in accordance with the tour contract, the Tour Act or if they do not have the characteristics which the traveler reasonably expected in view of the offer and customs, the traveler is obliged to notify the trader or his authorized representative of this without delay. The traveler may send written notification by post to the trader's registered office or by e-mail to the e-mail address provided. If the traveler sends the notification via an authorized representative, the date of receipt of the notification shall be deemed to be the date on which the notification is received by the trader.
  3. The trader shall, within a reasonable period of time specified by the traveler, remedy the breach by bringing the travel service into compliance with the travel contract, the travel act or the traveler’s reasonable expectation, if this is possible in the circumstances or if it will not cause the trader disproportionate costs in view of the extent of the breach of the travel contract and the value of the travel services concerned. The fixing of this time limit shall not be necessary if the trader notifies the traveler that he will not remedy the situation or if the remedy cannot be delayed in view of the particular interest of the traveler.
  4. If the trader fails to make the remedy referred to in the preceding paragraph, he shall offer the traveler alternative travel services even if the traveler’s return to the place of departure is not arranged in accordance with the travel contract, and these alternative travel services must be:
  1. of the same quality or of a higher quality than that specified in the travel contract, at no additional cost to the traveler; or
  2. of a quality lower than that specified in the travel contract, with an offer of a reasonable discount on the price of those travel services.
  1. The traveler may refuse alternative tourism services offered by the trader if they are not comparable to the tourism services specified in the travel contract or if the discount offered on the price of the tour for tourism services of a lower quality is not reasonable. If the provision of alternative tourism services is refused by the traveler or the traveler is unable to accept those alternative tourism services for objective reasons, the traveler shall continue to use the tourism services which are the subject of the notification and the trader shall give the traveler a reasonable discount on the price of the tour for the tourism services which were the subject of the notification.
  2. If the trader does not make the remedy referred to in paragraph 3 or provide the traveler with alternative travel services in accordance with paragraph 4, the traveler shall have the right to  
  1. to make the remedy himself and to claim from the trader compensation for the costs reasonably incurred in connection therewith,
  2. to withdraw from the tour contract without payment of a cancellation fee and to claim a reasonable reduction in the tour price for the tourism services not provided properly and in time, if the breach of the tour contract is material.
    1. The traveler has the right to claim the tour within two years from the end of the tour or, if the tour did not take place, from the date on which the tour should have ended according to the tour contract. Where applicable, the traveler shall attach a written record in accordance with Section 22 (8) of the Package Travel Act when making a claim.
    2. The traveler shall be entitled to a reasonable discount under paragraph 4 (b), paragraph 5 or paragraph 6 of this Article. If the trader does not prove that the breach of the tour contract was caused by the traveler, the trader is obliged to refund the traveler a part of the price according to the first sentence within 30 days from the date of the claim, taking into account the severity and duration of the breach of the tour contract; this shall be without prejudice to the right of the traveler to claim compensation for damages pursuant to Section 23 of the Tour Act.
    3. If the tour includes the transport of the traveler, the trader shall, in the cases referred to in paragraph 6 and paragraph 6 (b) of this Article, arrange for repatriation by comparable transport without delay and without additional cost to the traveler.
    4. If, as a result of unavoidable and extraordinary circumstances, it is not possible to arrange the return of the traveler in accordance with the travel contract, the trader shall pay the cost of the necessary accommodation, if possible of the same category and class, for a maximum of three nights per traveler. Where longer time limits for the return of the traveler are laid down in the special rules on travelers’ rights applicable to the means of transport concerned, those longer time limits shall apply.
    5. The limitation of accommodation costs under paragraph 10 shall not apply to persons with reduced mobility and persons accompanying them, pregnant women, unaccompanied minors or persons requiring special medical care, provided that the trader has been informed of their special needs at least 48 hours before the start of the tour.
    6. The trader may not rely on unavoidable and extraordinary circumstances for the purpose of limiting his liability to pay accommodation costs under paragraph 10 of this Article if those circumstances cannot be relied on by the transport provider concerned.
  • The trader shall provide reasonable assistance to a traveler in difficulty without delay, including in the circumstances referred to in section 22 (12) of the Package Travel Act, in particular by providing:
  1. appropriate information about health care services, local authorities and the embassy of the Slovak Republic,
  2. assistance to the traveler with remote communication and with finding an alternative solution to the problem.
    1. If the traveler finds himself in difficulty as a result of his own fault or negligence, the trader shall be entitled to claim reimbursement from the traveler for the assistance provided. The amount of the reimbursement shall correspond to the actual costs incurred by the trader in providing assistance to the traveler.
  • The handling of the complaint is carried out in accordance with the applicable legislation of the Slovak Republic. The trader is obliged to determine the method of handling a duly filed complaint no later than 30 days from the date of filing the complaint. After the determination of the method of handling the complaint, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of its submission.

 

Article XII

Damages

  1. In addition to the right to a reasonable discount pursuant to section 22 (5) (b), (6) or (7) of the Package Travel Act, the traveler shall also have the right to reasonable compensation for pecuniary damage and also the right to reasonable non-pecuniary damage suffered as a result of a material breach of the package travel contract for which the trader is liable; compensation shall be provided by the trader to the traveler without undue delay.
  2. The trader may be exonerated from liability for damages only if he proves that the breach of the travel contract was caused by:
  1. by the traveler,
  2. by a third party who is not the provider of the travel services provided in the framework of the tour, if the breach could not have been foreseen or avoided; or
  3. unavoidable and extraordinary circumstances.
  1. Where an international treaty by which the European Union is bound limits the scope of compensation or the conditions under which it is to be paid by the provider of the tourism service provided as part of the tour, the same limitations shall apply to the trader. Where an international treaty by which the European Union is not bound limits the compensation to be paid by the service provider, the same limitations shall apply to the trader.
  2. The Parties agree that the amount of compensation under this Article may not exceed three times the total price of the tour. The agreement under the preceding sentence shall not apply to personal injury, intentional damage or damage caused by negligence.
  3. The right to compensation for damages or to a reasonable discount under this Act shall not affect the rights of travelers under special regulations. Compensation for damages or an appropriate discount under this Act shall be deducted from the compensation for damages or reduction of price under special regulations.
  4. The trader shall not be obliged to reimburse the traveler for damage and property damage claimed by the traveler which is the subject of a contractual arrangement for insurance cover under a travel insurance contract, nor for those which are excluded from the scope of insurance cover.
  5. Insofar as the services provided include air transport, the amount of compensation shall be governed exclusively by the relevant regulations applicable to air transport.
  6. The trader shall not be liable for any loss or damage to luggage or other belongings during the tour and transportation.

 

Article XIII

Dispute Resolution

  1. Legal relations arising between the parties in connection with the conclusion of contractual
        relationship shall be governed by the laws of the Slovak Republic.

 

  1. The Parties agree that in the event of a dispute, the courts of the Slovak Republic shall have jurisdiction.  
  2. In the event of a dispute with the consumer, the consumer is entitled to contact the trader with a request for redress if the consumer is not satisfied with the manner in which the complaint has been handled or if he believes that the trader has violated his rights.  The request for redress may be sent by e-mail to info@heming.sk or by post to the trader's address.  If the trader has refused the request or has not responded to it within 30 days from the date of sending it, the consumer has the right to submit a proposal for alternative dispute resolution to one of the alternative dispute resolution entities.
  3. The terms of alternative dispute resolution are regulated by Act No. 391/2015 Coll. on Alternative Dispute Resolution.  
  4. The consumer may submit a proposal for the initiation of alternative dispute resolution to the competent alternative dispute resolution entity, which is a legal entity registered in the list maintained by the Ministry of the Interior of the Slovak Republic or the Slovak Trade Inspection (www.soi.sk).  
  5. The consumer may also file a complaint through the alternative dispute resolution platform RSO, operated by the EU. The complaint can be submitted by filling in the online form at http://ec.europa.eu/consumers/odr/index_en.html. The consumer has the right to choose between ADR entities.
  6. Only the consumer may request that disputes be resolved by one of the alternative dispute resolution entities. Alternative Dispute Resolution only applies to disputes arising from distance consumer contracts.
  7. Alternative dispute resolution is in principle free of charge. The ADR entity may charge the consumer a fee for initiating ADR up to a maximum of EUR 5.

 

Article XIV

Privacy Policy

  1. The trader processes the personal data of the traveler for the purpose of contract performance in accordance with the GDPR and Act No. 18/2018 Coll., No. 122/2013 Coll., on the protection of personal data.
  2. The terms and conditions of personal data processing by the controller are specified on the website www.heming.sk in the section Personal data protection.

 

Article XV

Final Provisions

  1. These terms and conditions apply as they appear on the website www.heming.sk on the date of dispatch of the conclusion of the contract.  
  2. The trader reserves the right to change these terms and conditions at any time if required by a change in business policy or applicable legislation.
  3. These terms and conditions are drafted by Lanikova Group, s.r.o. for the operator of the online shop, and are protected under Act 185/2015 Coll. on Copyright, as amended. Without the author's consent, it is prohibited to use this copyright work in any way, in particular, but not exclusively, to copy, publish, change, modify, distribute and otherwise misuse it.
  4. These terms and conditions shall come into force and effect on 1.6.2023.