1. Introductory provision
The travel agency Avantgarde Prague Ltd (thereinafter Avantgarde Prague) is a travel intermediary, for excursions and other travel industry related services (thereinafter services) offered by its contractual partners-third parties (thereinafter service providers), for its clients through, among others, the website www.avantgarde-prague.cz including the domains .com, .eu, .fr, .es, .de, (thereinafter website).
2. Conclusion of a sales contract
a. Avantgarde Prague enables its clients to conclude a contract for the provision of services by third parties through its website and its booking department.
b. Avantgarde Prague serves as a travel intermediary for three types of services according to the contracting methods used: (i) services, for which the client can conclude a contract directly on the Avantgarde Prague website (thereinafter Direct Online Services); (ii) services, which the client can select on the website and which method and conditions of provision will be subsequently specified by the Avantgarde Prague booking department (thereinafter Indirect Online Services); and (iii) services, which the client specifies and agrees upon with Avantgarde Prague without the use of the website (thereinafter Other than Online Services).
c. The contracting of Direct Online Services by the client from the service provider occurs when the client selects the given services by saving them in the shopping cart on the website and pays for the selected services through the website.
d. The contracting of Indirect Online Services by the client from the service provider occurs in the following manner. The client selects the given services by saving them in the shopping cart on the website and by clicking on Book and Pay he sends a request to ascertain the availability of the given service at the given dates. He will be contacted with 24 hours via e-mail by the Avantgarde Prague booking department that will either confirm the given booking or not confirm it and offer an alternative service. (If the client is not contacted within the aforementioned period, it is understood that the service is not available.) The e-mail will include the period of validity of the offer, details about the payment and trade terms, and a link through which the client can reach the shopping cart on the Avantgarde Prague website, which will include a description of the services, the final price of the services in CZK and a price estimate in EUR (in case the client pays through the Avantgarde Prague website) or the final price in EUR (in case the client pays by bank transfer). The conclusion of a contract between the client and the service provider for the provision of the services specified in the offer occurs when the client pays the full amount of the booked services through the website or when the client pays the total amount or the agreed upon first deposit by bank transfer for the services comprised in the shopping cart.
e. Contracts concerning Other than Online Services are concluded between the client and the service provider directly through the Avantgarde Prague booking department. The contract is concluded when the Avantgarde Prague booking department receives an e-mail or a fax from the client where the client expresses his approval of the offer as prepared by the Avantgarde Prague booking department upon e-mail, fax or phone request from the client, and when the whole price or the agreed upon first deposit of the booked service is paid by the client by bank transfer (thereinafter Direct contract). Direct contracts can also be concluded personally in the Avantgarde Prague office either by verbal or written approval of the offer prepared by Avantgarde Prague and by payment in cash or through the internet of the whole price of the service or of the first agreed upon deposit.
f. Regarding the services contracted by the client from the service provider, the Avantgarde Prague booking department will send to the client, within 24 hours following the conclusion of the contract, a voucher confirming the conclusion of the given contract and the conditions related to the given service, which were stated in the approved offer.
3. Price and method of payment
The prices for the services as displayed on the website are indicated in CZK, and the conversions to other currencies are purely estimates based on the current foreign exchange (valuta) given by Avantgarde Prague’s retail bank (ČSOB).
a. Payment through the website
The amount that is withdrawn from the client’s account following the conclusion of a contract is converted from CZK to other currencies according to the most recent foreign exchange as indicated to Avantgarde Prague by its retail bank (ČSOB) on the day of the withdrawal.
Bookings executed through the website can only be paid with VISA and MasterCard bank cards.
b. Payment by bank transfer
Services for which Direct Contracts were concluded and Indirect Online Services can be paid by bank transfer. The Avantgarde Prague booking department indicates the final price in CZK and in EUR in the offer sent in accordance to the article 2 paragraph d) or e) of the GTCSP. The amount in EUR will be determined by Avantgarde Prague and does not automatically match the estimate price for the service as indicated on the website.
Payments in Czech crown must be made on the hereafter indicated bank account at the bank Československá obchodní banka, a.s., Na Příkopě, 854/14, 115 20, Prague 1, Nové město, Czech Republic
CZK: 193952525/0300 - IBAN: CZ18 0300 0000 0001 9395 2525
Payments in Euros, and any other currency, must be made on the hereafter indicated bank account : Citfin, sporitelni druzstvo - Prague, Czech republic
Bank account: 1002710/2060 - IBAN: CZ 04 2060 0000 0000 0100 2710
Bank charges are shared by both parties, each party paying the charges of its own bank.
c. Cash payments
Avantgarde Prague accepts cash payments in CZK or in EUR solely n the case of Direct Contracts concluded personally in the Avantgarde Prague office at the address: Jáchymova 3, Prague 1, Old Town, 110 00, Czech Republic.
According to the VAT Act No 235/2004 par. 89 Avantgarde Prague reserves the right to avail the special VAT scheme for travel providers. All amendments to the VAT Act No 235/2004 will be reflected on the operation of Avantgarde Prague. According to the latest amendment of the VAT Act valid in the Czech Republic, the intermediary is not compelled to indicate the VAT calculation on any offer or invoice or any other such documents. The end client can only request the deduction of the VAT if he is VAT registered in the Czech Republic.
4. Payment conditions
Unless otherwise provided, the client must pay for the booked services in advance, in the following manner:
a. Direct Online Services and Indirect Online Services, where payment is made through the internet
i. The conclusion of the contract is conditioned by the payment of 100% of the total amount.
b. Indirect Online Services, where the payment is made by bank transfer, and Other than Online Services
ii. For every INDIVIDUAL booking (applies to individuals or to groups of 1 to 9 members) Avantgarde Prague requires:
1. The payment of 100% of the total amount for all the booked services, at least 14 days prior to the carrying out of the booked service or of the booked services.
iii. For every GROUP bookings (applies to groups counting 10 or more members) Avantgarde Prague requires:
1. A deposit payment of 80% of the total amount of all the booked services credited to our account at least 38 days before the carrying out of the service.
2. The final accounts for all the services and the balance due shall be paid based on a final invoice amounting to the remaining 20%, due within 14 days after it was issued or after it was delivered by e-mail in PDF format to the client.
5. Handling and booking fee
a. Direct Online Services
b. For Direct Online Services Avantgarde Prague doesn’t charge any handling fee.
c. Indirect Online Services and Other than Online Services.
d. For Other than Online Services, if the total amount of the booked services exceeds 35 000 CZK (1500 EUR) Avantgarde Prague reserves the right to add bank charges amounting to 2% of the total invoiced amount (does not apply to Indirect Online Services).
e. Handling and booking fees are not refundable.
f. For Indirect Online Services and Other than Online Services Avantgarde Prague charges the following handling fees:
i. Handling and booking fees for INDIVIDUAL bookings (applies to groups of 1 to 9 members):
1. For the booking of any number of tickets for 1 cultural event Avantgarde Prague charges a handling fee of 250 CZK.
2. For special types of services, ie. services which are not explicitly defined in the offer on our website, Avantgarde Prague reserves the right to charge a handling fee. The amount of the fee is determined according to the total number of such booked services. The fee for the booking of 1 to 4 such services is 850 CZK and for 5 and more it amounts to 1500 CZK.
ii. Handling and booking fees for GROUP services (applies to groups with 10 or more members):
1. Avantgarde Prague has the right to charge a handling fee amounting to 1 250 CZK.
2. For the booking of any number of tickets to 1 cultural event (to be picked up at the Avantgarde Prague office) Avantgarde Prague charges a handling fee of 250 CZK.
6. Withdrawal from the contract, cancellation fees and modification of the booked services
a. The client can withdraw completely or partially from the contract with the third party - service provider concluded through Avantgarde Prague without stating a reason, he will however be charged a cancellation fee amounting to the sum established in the contract.
b. Notifications of complete or partial withdrawal from the contract (thereinafter withdrawal) must be made by the client in written form through e-mail or fax. The binding date to determine the amount of the cancellation fee is the date on which the withdrawal notification is delivered to the Avantgarde Prague booking department. In case of cancellation the following cancellation fees apply according to the type of services:
c. Direct Online Services, Indirect Online Services and Direct Services
i. Cancellation fees that apply to INDIVIDUAL bookings ie. 1 to 9 members of a group:
1. No cancellation fee if the cancellation takes place before 2pm local time at least 48 hours prior to the client’s agreed check-in day. This rule applies for the cancellation of up to 3 rooms, the cancellation of 4 or more rooms conforms to cancellation fees valid for GROUP bookings, see clause 6/c/iv/1,2,3,4.
2. 100% of the total amount for the 1st night if the cancellation occurs after 2pm local time less than 48 hours prior to the agreed client’s check-in day.
Other services (except cultural events):
3. No cancellation fee if the cancellation occurs more than 48 hours local time before the planned start of the service.
4. 100% of the total amount if the cancellation occurs less than 48 hours local time before the planned start of the service.
Cultural events (concerts, theater):
5. 100% of the total amount for the service.
ii. Cancellation fee for GROUP bookings, ie. 10 or more people in a group valid for any booked service including accommodation, unless otherwise defined in the specific offer:
1. 30% of the total amount of the booked services if the cancellation occurs 38 to 21 days prior to the agreed day when the services should start.
2. 50% of the total amount of the booked services if the cancellation occurs 20 to 15 days prior to the agreed day when the services should start.
3. 75% of the total amount of the booked services if the cancellation occurs 14 to 8 days prior to the agreed day when the services should start.
4. 100% of the total amount of the booked services if the cancellation occurs 7 days or less prior to the agreed day when the services should start.
iii. Cancellation fees for partial cancellations for GROUP bookings, ie. 10 or more people in a group:
1. Partial cancellations can be requested solely for the services where a fixed price is specified per person (hotel rooms, admissions, menus, fares etc.). For services where the price is determined for the whole group (guided tours, transfers, room rentals, entertainment, etc.) partial cancellations are not possible.
2. For partial cancellations up to 10% of the total number of members in the group made at least 48 hours prior to the agreed date when the carrying out of the services should start we do not charge any fee.
3. For partial cancellations up to 10% of the total number of members of the group made less than 48 hours prior to the agreed date when the carrying out of the services should start we charge cancellation fees as specified in the clause 6/c/ii/4.
iv. Cultural events (concerts, theater):
1. 100% of the total amount will be charged in case of cancellation.
v. Handling fees are not refundable except for clause 7/g.
7. Responsibility of Avantgarde Prague
a. Avantgarde Prague is not a party in the contractual relationship between the client and the contractual partners-third parties that provide the services (service providers).
b. Avantgarde Prague is not responsible for any damage caused to the client in relation to the provision of services.
c. Avantgarde Prague does not guarantee the veracity and the completeness of the service description and only relies on the information that the service provider gave to Avantgarde Prague.
d. Avantgarde Prague guarantees neither that the services will be provided to the client nor that the services will be provided in the form as agreed between the client and the third party providing the services resold by Avantgarde Prague. Avantgarde Prague is not responsible for any breaking of the contract by the third party providing the services.
e. Any claims regarding the responsibility for damages relating to the services must be made by the client directly to the third parties providing these services.
f. Avantgarde Prague is neither responsible for the content of the offers from the third parties providing services on their website, nor for the potential violation of the rights of third parties, which these parties might commit through their offers (intellectual property rights, personal rights etc.).
g. If the services resold by Avantgarde Prague were not provided, Avantgarde Prague will refund the handling fee paid by the client for the conclusion of the contract, within one month after the reception of the claim from the client. The client can deliver the claim within six months after the provision of services should have ended.
h. Upon request Avantgarde Prague will cooperate with the client to solve potential complaints.
i. Avantgarde Prague holds no responsibility as for the refund of the cost of the services paid through Avantgarde Prague to the service provider.
j. Avantgarde Prague is not compelled to provide alternative services to the client, if the services were not provided to the client by the third party according to the contract.
k. The provision of services can abide by general trade terms and conditions or by the specific terms and conditions of the service provider.
8. Final provision
a. These General Terms and Conditions of Sale and Payment (GTCSP) as well as the relationship between the client and Avantgarde Prague formed through the provision of services conform to the Czech law. By concluding a contract through Avantgarde Prague the client confirms that he is familiar with these GTCSP and that he agrees with them.
b. The invalidity of individual provisions in the GTCSP does not affect the validity of the remainder of the GTCSP.
b. The possibility to use personal data for the irregular contacting of the client in order to offer services or for other types of messages from Avantgarde Prague is subject to a separate approval from the client. The client can give his separate consent in written form or within the confirmation process of a booking and the online payment process on the website of Avantgarde Prague.
These GTCSP are valid as of September 1st 2009