TERMS AND CONDITIONS

FREE WALKING TOUR PRAGUE

Provisions and Basic Definitions

Contact Details of the Provider:

Michał Krzysztof Dzieńdziura
seated at Řeznická 1486/5
110 00 Praha 1, the Czech Republic
Tel: +420 777 445 172
e-mail: [email protected]

1. These T&C govern mutual rights and obligations between the Customer and the Provider arising from the Agreement in connection with the using of the Website and the Services by the Customer. These T&C are an integral part of the Agreement.
2. These T&C govern mutual rights and obligations between the Customer and the Provider with regard to the Tours only when the Provider acts as a Guide himself. In other cases, when a Guide different from the Provider realizes a Tour, all rules and obligations which concern the Tour are governed by an agreement between the Customer and the Guide. In such cases, these T&C only apply as mentioned in 1. above. 
3. You take into account that Tours in the Spanish language are provided by a third party called “PRG TOURS”, which provides the Tours by using their own guides who do not have any contractual relationship with the Provider. Generally, same conditions applies for their Tours as for the Tours mentioned in these T&C but you take into account and agree that the Spanish Tours are governed by an agreement with a third party (PRG TOURS and their guides), who may also contact you with regard to any changes or cancellations of the Tour reservation. In other words, we only provide the Services with regard to the Spanish Tours and the Tours itself are provided separately by the PRG TOURS and their guides. If you wish to contact them with any queries, you may use the following contact information:

   Alberto Egea Ramirez de Arellano
   Blahníkova 575/1
   130 00 Praha
   Czech Republic
   Company number: 02436272
   Email: [email protected]

4. If you are unsure with whom you should discuss any problems with regard to the Tours, please feel free to contact us at [email protected]. Same applies in the event of any malfunction of the Website or problems with the Services you wish to resolve, or for problems with regard to the Tours (if the Tour was provided by the Provider himself acting as a Guide).
5. These T&C are drawn up in English language and governed by Czech law, in particular by Act No. 89/2012 Coll., Civil code, as amended. Any disputes between the Parties shall be resolved by the court with the subject matter and local jurisdiction based on the registered office of the Provider.
6. Should any provision of the T&C be or become invalid or ineffective, such invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.

Purpose and using of the Website

1. We operate the Website through which you can:
1. book a spot or multiple spots on a Free Tour;
2. book a spot or multiple spots on a Paid Tour;
3. book a Private Tour.
2. By booking a spot on a Free Tour or booking a Private Tour or a Paid Tour, the Customer and the Provider establish an Agreement. 
3. The Website may not be always accessible due to the planned maintenance and updates.

Booking and attending a Free Tour

1. By filling in all the information necessary, booking a spot or multiple spots on a Free Tour, and accepting these T&C and the Privacy Policy, you enter into an Agreement with us.
2. You are obliged to fill your real name, surname, contact details and any other data required into the booking form. You agree to inform other people who will take part in the Free Tour along with you about the necessary rights and obligations arising from these T&C. 
3. After creating the reservation, you will receive a confirmation on the e-mail address provided during the booking. This reservation includes the summary of the information provided and information about the Free Tour (meeting point, length etc.). Please be ready to show this reservation to the Guide at the beginning of the Free Tour (printed or electronic).
4.  Reservation is mandatory to join our Free Tour, as the capacity of each Tour is limited to ensure the best possible experience. Joining a Free Tour when the information on our website says "fully booked" is not possible.
5. Please be informed that the Guide may change the Free Tour, especially its meeting point, length or course. The Free Tour is provided by the Guide himself / herself and may be unique for each Guide. The Free Tour description on the Website is therefore only informational.
6. We may change the Free Tour, especially its meeting point, length or course. We may also cancel it. We will try to do this only if we encounter unexpected circumstances and we will let you know beforehand by e-mail or telephone.
7. You are allowed to book at the maximum 6 spots for a single Free Tour without payment. If you wish to book more spots, you need to contact us at [email protected] and prepay a set amount of money for each person attending the Free Tour as set out in the booking form. If you prepay the spots in the Free Tour, you may cancel it 4 hours before its start time and receive a full refund. You are not allowed to bypass this condition and create separate reservations for more than 6 people (e. g. 4+3, 5+2, 6+1) as the Free Tour is aimed at individuals or smaller groups of people and such reservations would hamper the experience of other Customers.
8. If you wish not to attend the Free Tour for which you created a reservation, please let us know immediately as we may still make the Free Tour available for other Customers. If you repeatedly book a Free Tour which you do not attend, we reserve the right to refuse to provide you with our Services.
9. On the basis of the Agreement, you are not obliged to pay any fees with regard to the Free Tour. However, if you were happy with the Guide and the Free Tour was worthy for you, we kindly ask you to consider providing a contribution to the Guide. We generally recommend a contribution of app. 200-250 CZK (8-10 €) per person, or more if the Tour exceeds your expectations.
10. You agree and take into account that the Free Tours are provided in the languages stated on the Website or agreed upon with us or with the Guide during the Free Tour. These languages include English and Spanish, sometimes also German and Polish.
11. By taking part in the Free Tour, you agree to a basic code of conduct during the Free Tour. You especially agree to behave politely with the Guide and other Customers and follow the Guide’s instructions to ensure a pleasant Free Tour for everybody.
12. We are not liable for any injury or damage to your belongings incurred during the Free Tour. You agree to take all the precautions necessary to limit the risk of any injury or damage, especially to have a valid travel insurance to cover these risks.
13. We are responsible only for fees or other payments which were paid directly through our Website or to the Provider acting as a Guide during the Free Tour. We are not responsible and we do not offer refunds for any payments made directly to the Guide or to third parties (e. g. to any restaurants or other venues recommended by the Guide during the Free Tour).
14. If you book a Free Tour through GuruWalk or other services, please take into account that you need to follow their terms & conditions as well. We are not responsible for these services and any damage you may incur by using them.

Booking and attending a Private Tour or a Paid Tour

1. We also offer an opportunity to book Private Tours and Paid Tours. As these are similar in some way to the Free Tours, the Free Tour rights and obligations mentioned above will apply to the Private Tours and Paid Tours accordingly, if we do not state differently in this part of the T&C.
2. You may book a Private Tour or a Paid Tour on our Website. 
3. After filling in the reservation form for a Private Tour or the spots in a Paid Tour, the total cost of the reservation, being the sum of the Fee and and the Booking Fee, will be displayed under the reservation form. Please be informed that by accepting the T&C, Privacy Policy and clicking “Submit”, you are sending us only a quotation which we need to confirm and no Agreement is valid as of this moment. However, you agree to enter into an Agreement with us and pay the Booking Fee and/or the Fee by submitting the reservation form, if we confirm it.
4. The Provider reserves to right to enable payment of the Booking Fee and/or the Fee by card through a payment gate provided by a third party. If such payment method is available and you use it, the Agreement is entered into when you pay all the fees displayed under the reservation form through the payment gate.
5. We will try to confirm the booking within 24 hours. The confirmation will include the summary of the information provided by you and information about the Private Tour or the Paid Tour (meeting point, length etc.) and the information on how and when to pay the Booking Fee and/or the Fee. Please be ready to show this reservation to the Guide at the beginning of the Private Tour / Paid Tour (printed or electronic).
6. Should you wish to change the booking of the Private Tour/Paid Tour, we will do our best to accommodate to these changes. However, we cannot guarantee that we will be able to do so. 
7. We reserve the right to not confirm your booking or to cancel your booking. We will try to do so only if we encounter unexpected circumstances (e. g. severe weather, no available Guides) and we will let you know beforehand by e-mail or telephone. All Fees paid will be reimbursed on your payment method used during the booking.
8. Please be informed that the Guide may change the Private Tour and the Paid Tour, especially its meeting point, length or course. The Private Tour and the Paid Tour is provided by the Guide himself / herself and may be unique for each Guide. The Private Tour and the Paid Tour description on the Website is therefore only indicative. However, if you have any specific requirements with regard to the Private Tour (meeting point, course, length), we will do our best to accommodate to them.
9. We also reserve to right to change the Private Tour / Paid Tour, especially its meeting point, length or course. We will try to do this only if we encounter unexpected circumstances and we will let you know beforehand by e-mail or telephone. If we change the Private Tour / Paid Tour, you are free to cancel the Tour and we will refund you the Booking fee and/or the Fee.
10. You agree and take into account that the Private Tours / Paid Tours are provided in the languages stated on the Website or agreed upon with us or the Guide during the Private Tour. These languages include English and Spanish, sometimes also German and Polish. However, you are free to contact us at [email protected] if you have any language preferences and we will try to find a way to provide you with a Private Tour in the requested language.
11. If you had any problems with the Private Tour, the Paid Tour or the Guide, please feel free to inform the Guide directly or let us know at [email protected]. If you have severe complaints related to the Private Tour or the Paid Tour, please let us know and we will provide you with a partial or full reimbursement of the Booking Fee or partial or full reimbursement of the Fee (if you paid the Booking Fee or Fee through us). However, please note that the Private Tour and the Paid Tour is provided by the Guide to whom you generally pay the Fee (exceptions may apply) and any problems and complaints with regard to the Private Tour / Paid Tour should be addressed to the Guide, preferably during or right after the Tour.
12. We or the Guide are not liable for any injury or damage to your belongings incurred during the Private Tour or the Paid Tour. You agree to take all the precautions necessary to limit the risk of any injury or damage, especially to have a valid travel insurance to cover these risks. 
13. If you book a Private Tour or the Paid Tour through other services, please take into account that you need to follow their terms & conditions as well. We are not responsible for these services and any damage you may incur by using them.

Booking fee and Fee Payment and refunds

1. The Booking fee and/or the Fee may be paid by these payment methods as offered by the Provider (not all payment methods may be available when you book the Private Tour or the Paid Tour) or by other payment methods made available on the Website (or proposed in the email communication with the Provider):
   1. by a bank transfer realized in accordance with the bank information included in the Private Tour / Paid Tour booking confirmation;
   2. by cash or by card (it this option is available) at the start of the Private Tour / Paid Tour;
   3. by any other payment method made available on the Website or in the booking confirmation.
2. Please be informed, that generally the Booking Fee will be paid directly to us and the Fee will be paid directly to the Guide by cash or by card at the start of the Private Tour / Paid Tour. Please take into account that card payment may not be available at the start of the Private Tour / Paid Tour and always bring the cash necessary to pay for the Private Tour or the Paid Tours spots (unless instructed otherwise). If the payment somehow differs from this section of the T&C, we will inform you beforehand.
3. We will issue an invoice for each payment after the Booking fee and/or the Fee has been paid to us. This invoice will meet the requirements of tax and accounting regulations. Such invoice may be sent to you by e-mail or given to you by the Guide before the Private Tour. 
4. If the Booking fee and/or the Fee are paid directly to us, they are deemed as paid at the time the amount is fully credited to the Provider’s bank account. If we do not receive the payment before the start time of the Private Tour / Paid Tour, we or the Guide reserve to right to cancel the Tour or reject your participation. 
5. You are free to cancel the Private Tour booking up to 24 hours prior to the Private Tour start time. If you do so, we will refund you 100 % of the Booking fee and/or the Fee already paid for the Private Tour. Later cancellations or non-arrivals are not refundable. The same applies to the Paid Tour, however you are allowed to cancel your booking up to 4 hours prior to the Paid Tour and receive a full refund of the Booking fee and/or the Fee.

Term and Termination of the Agreement

1. The Agreement is concluded for a definite period and ends on the date and time when the Free Tour or the Private Tour / Paid Tour in which you took place are concluded. Even though the Agreement ends, you are still free to report your problems and complaints as set out in this T&C.
2. The Agreement may be terminated by the Customer or the Provider.
3. The Customer may terminate the Agreement with immediate effect; however, the Booking fee and/or the Fee payment made directly to us is refundable only in accordance with Art. 5. in section “Booking fee and Fee Payment and refunds”. In the case they are refundable, the refund shall be transferred to the Customer’s bank account used for payment of the booking within 15 business days from the date of termination.  While we endeavor to process refunds in as timely a manner as possible, please allow sufficient time for refunds to take place which can depend on different factors such as your card provider and geographical location.
4. The Provider may terminate the Agreement with immediate effect in the event of:
   1. a breach by the Customer of any term of the T&C; or
   2. failure to pay the Booking fee and/or the Fee or their parts before the start date and time of a Private Tour;
   3. the provision of inaccurate, outdated, incomplete, incorrect, misleading or fraudulent information by the Customer.
5. Clauses regarding the Liability (and such other clauses that by nature survive a termination) shall all survive the termination.

License to the photographs and the Website

1. By taking part in a Tour, you agree that photographs or audio-visual records may be taken by the Guide or a third party. You grant us an exclusive, royalty-free and worldwide right and license to use such photographs and audio-visual records which include your likeness for the purpose of presentation of us and our Services. We can reproduce them, modify them, communicate them and make them available in any manner to the public.
2. Intellectual property rights associated with the Website and its contents are the sole property of the Provider or its affiliates or third parties. The Website is protected by copyright. The Customer may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual rights to the Website in any way without the Provider’s written permission. 

Indemnification and Liability

1. The Provider is not liable for any liabilities, costs, expenses, damages or losses suffered or incurred by the Customers during a Tour (whether caused by a Guide or by a third party) or in connection with a Tour or the Services or their non-fulfilment. However, nothing in these T&C excludes the Provider’s statutory liability for death or personal injury or any losses suffered because of intent or gross negligence on the Provider’s part, when these issues took place in connection with the provision of the Services or the provision of a Tour by the Provider acting as a Guide.
2. The Website may contain hyperlinks to other websites operated by third parties (such as our partners mentioned in the “Partners” section). Such hyperlinks are intended for your reference only and we are in no way responsible for their contents or services nor we imply endorsement or otherwise of such website's content or associated operators.

Your consumer rights

1. This part of the T&C only applies to someone who is a consumer (someone who books our Services as a private person, not as an entrepreneur). If you are a company or other business, these rules do not apply to you.
2. As a consumer, you have the right to withdraw from the Agreement within 14 days of the conclusion of the Agreement. If you do so, all Booking fees and/or Fees or other payments received from you will be returned to you within the next 14 days since your withdrawal.
3. Even though you are allowed to withdraw from the Agreement as stipulated above, you may not withdraw after the Services and the Private Tour or the Paid Tour were already provided to you in full. When creating a booking less than 14 days before the Private Tour / Paid Tour takes place, you have to agree that the performance of the Private Tour / Paid Tour will take place before the withdrawal period elapses and that your right to withdraw from the Agreement terminates because of the earlier provision of the Service. You will be asked to expressly agree with such arrangement during the booking. This provision does not mean that you cannot cancel your Private Tour / Paid Tour booking in accordance with these T&C.
4. If you had any problems with the Free Tour, the Private Tour, the Paid Tour or the Guide, please feel free to inform the Guide directly or let us know at [email protected]. We will deal with your issue as stated in the following paragraphs. 
5. As the Tours are provided by the Guide himself / herself, it is the Guide who is liable for any problems and damage with relation to the Tour. You may still contact us and we will give you the contact information of the Guide.
6. The following stipulations only apply if you deem that the Services provided to you by us were faulty or with regard to a Tour during which the we acted as a Guide.
7. As the Free Tour is free, we do not offer any discounts, refunds or other remuneration for faults of the Free Tour or the Services provided with regard to the Free Tour. However, we are always happy to hear your thoughts and problems. If you were unhappy with the Free Tour or the Free Tour was cancelled, you are more than welcome to book another Free Tour at a later date. 
8. If you feel that our Services or a Private Tour / Paid Tour during which we acted as a Guide have been provided to you with defects (e. g. if it does not correspond in scope or quality to the agreed terms), you may make a claim in full accordance with the law (in particular the Civil Code). 

What can you ask us for in a claim?

Services

9. If you feel that our Services have been provided with defects, you may ask us to (1) provide you with a reasonable discount on the Booking fee and/or the Fee paid to us, or (2) cancel the Agreement and get a full refund of such payments. 

Private Tour / Paid Tour realized by the Provider as the Guide

10. If you feel that a Private Tour / Paid Tour realized by the Provider as the Guide has been provided with defects, you may ask us to (1) provide you with a new Private Tour / Paid Tour at no additional costs; (2) provide you with a reasonable discount on the Booking fee and the Fee, or (3) cancel the Agreement and get a full refund. 
11. Please note that the reason for a complaint cannot be that the Services or the Private Tour / Paid Tour provided did not meet your subjective expectations.

Until when can you make a complaint?

12. You must complain about the defect as soon as you become aware of it, but no later than 6 months after receipt of the performance. We will issue you with a claim report when you make a claim. 

Where can you make a claim?

13. Please make a claim in the following ways: (1) by email to [email protected] or (2) by letter to Michał Krzysztof Dzieńdziura, IČO: 011 699 80, seated at Řeznická 1486/5, 110 00 Praha 1.
14. Please include your contact details with your complaint, describe what you are complaining about, how you want to resolve the complaint and that we have provided the Private Tour / Paid Tour to you. 

How is the complaint handled?

15. We will decide on a complaint immediately, or in more complex cases within 7 days. We will deal with a complaint as soon as possible, but no later than 30 days after you make it, unless we agree in writing with you that it will take longer. If we do not meet the 30-day deadline for dealing with a claim, you have the right to cancel the Agreement. For a legitimate claim, you are entitled to reimbursement of the necessary costs, which you must ask us for. We will issue you with a confirmation of the settlement of the claim once the claim has been settled.
16. A defect in performance is not an impediment caused by force majeure, i.e. circumstances whose occurrence, course or consequence is not dependent on our will, action or procedure. With relation to our Services and the Tours, these may include especially severe weather, pandemics and restrictions related to it or other issues which we cannot control.

Other rights and obligations

1. We may offer you the opportunity to review the Guide or our Services after the Tour takes place in relation to your experience and opinion.
2. The Provider processes some personal data of the Customer; further information on how the Provider processes these personal data is available here.
3. We reserve the right to change or update these T&C as well as the content and materials of our Website at our sole discretion without notification and without liability. Such changes will not affect the T&C previously accepted upon making an existing booking prior to said changes being implemented.
4. We are authorized to do business on the basis of a trade license for tour guide activities in the area of tourism and trade control is carried out within the scope of our competence by the relevant trade licensing authority.
5. In the event that a consumer dispute arises between us and you as a consumer under the Agreement which cannot be resolved by mutual agreement, you may submit a proposal for out-of-court settlement of such a dispute to a designated consumer dispute resolution body, which is

   Czech Trade Inspection Authority
   Central Inspectorate - ADR Department
   Štěpánská 44
   110 00 Prague 1