The General Terms and Conditions for participation in tours by BELKY Travel Agency s.r.o, (hereinafter referred to as the “CK BELKY”) and the Return Policy (hereinafter referred to as the “Terms and Conditions”) are valid for all tours, stays and tourism services organized by CK BELKY. The CK BELKY Terms and Conditions are an integral part of the Travel Insurance Contract (hereinafter referred to as “contract”), which CK BELKY closes with the booking person. By signing the contract, the Customer confirms that he or she has read, acknowledged and agreed with these information and conditions.
Establishment of the contractual relationship
1/ Participants of the contractual relationship are:
Cestovná kancelária BELKY s.r.o with registered office at Boženy Nemcovej 381/6, 927 01 Šaľa, Slovak republic, ID No.: 51 056 887, registered in the Commercial Register of the County Court of Trnava, Slovak republic, item No.: 40649 / T (hereinafter referred to as “CK BELKY”), which enters into a contract directly, through external authorized dealers, online store, sales representatives or own network of sales outlets and Customer, which may be a natural or legal person..
2/ Contractual relationship between CK BELKY and Customer is established when:
a) the date of conclusion of a written travel contract by signature of both parties,
b) the date of confirmation of the order duly completed by the Customer in electronic form by CK BELKY.
3/ The travel contract (hereinafter referred to as the “the contract”) applies to all other persons mentioned therein. The fulfillment of the contractual obligations of the persons mentioned in the contracts is guaranteed by the Customer as fulfilling his own obligations. The legal representative signs the contract for an adult.
4/ When purchasing services through the CK BELKY website, the Customer sends an order to CK BELKY by completing a form. CK BELKY, upon receiving the order, will check the availability of the ordered services and then send to the ordering party the confirmation of the payment order in which the CK BELKY will also provide a summary of the information about the ordered services, the number of the tourists, the dates, the accommodation, etc. The order confirmation is also an invoice for ordered services.
5/ In the event of unavailability of any of the services ordered, CK BELKY shall inform the Customer of this fact without delay. In the event that CK BELKY offers to Customer a substitute option for an unavailable service, this action is considered a new offer and the contractual relationship is established by confirmation from the buyer or the Customer, when CK BELKY and the Customer agree on all essential terms of the contract. The payment obligation arises from the moment of the creation of the contractual relationship according to the previous sentence on the basis of the invoice sent by CK BELKY.
6/ The content of the contract is determined by the description of the service, including the prices listed on the CK BELKY websites, which are part of this contract as well as the subsequent offers of CK BELKY, confirmed orders, these Terms and Conditions or any other special arrangements negotiated by the contractual parties.
7/ By paying the full price, CK BELKY commits to provide its services to the Customer in accordance with the agreed range, quality and conditions.
1/ The prices of services offered by CK BELKY are the contract prices agreed between CK BELKY and the Customer. The binding and agreed price is stated in the contract or in a confirmed order.
2/ The parties have agreed on the possibility of increasing the price unilaterally, provided that one of the following events occurs:
a) increase in transportation costs, including fuel prices,
b) increase in fees related to transport, such as airport fees,
c) port and transit fees, which are included in the price of the tour.
3/ If these changes occur before the 21st day prior to the start of the tour, CK BELKY is entitled to increase the price of the tour stipulated in the contract unilaterally by the amount that will increase the price of the tour according to par. 2) of these Terms and Conditions.
4/ A written notice of the price increase must be sent to the Customer no later than 21 days before the start of the tour, otherwise the travel agency will not be entitled to compensation of the difference in the price of the tour.
1/ CK BELKY is entitled to receive payment for the ordered services before these are provided and the Customer is obliged to pay the price for the services before they are provided on the basis of the invoice issued pursuant to Art. I., par. 5 and 6 of these Terms and Conditions.
2/ The invoice for ordered services is due 14 days after it was sent to the Customer by CK BELKY.
3/ The Customer can pay the cost of these services by one of the following ways:
a) via Pay-Pal service,
b) credit card,
c) bank transfer to the bank account of CK BELKY,
d) deposit to the bank account of CK BELKY.
4/ The Customer is entitled to be provided services only after payment of the full price of the ordered services. If, for any reason, the Customer fails to pay the full price of the ordered services, the contract concluded on the basis of a specific order will automatically become void on the 5th day following the date of the Customer’s delay. In this case, CK BELKY is entitled to claim the payment of a contractual fine under Article VI. of these Terms and Conditions. CK BELKY claims against the Customer arising during the duration of the contract (e.g. penalties that CK BELKY is obliged to pay to service providers for reservations and cancellations of services, etc.) remain retained even after the termination of the contractual relationship under this paragraph.
The rights and obligations of the Customer and CK BELKY
A) The rights and obligations of the Customer
1/ The Customer has the right to:
a) the proper provision of contracted and paid services,
b) request from CK BELKY information on all the facts relating to contractually agreed and paid services,
c) be informed in contractually agreed or statutory terms with proposals for changes in contractually agreed services,
d) require immediate removal of defects in the service provided by the service provider or the authorized representative of the CK BELKY,
e) withdraw from the travel contract at any time prior to the commencement of services under Article VI. of these Terms and Conditions, subject to the payment of the calculated contractual fine,
f) the complaint on any shortcomings and its remedies in accordance with Article VII. hereof,
g) receive at least 7 days prior to the start of the tour any further detailed information about all the facts that are important to the Customer and which are known to CK BELKY if they are not already included in the travel contract, in the catalog or on the website. This written travel information will be sent by CK BELKY by post or by e-mail only to one address specified by the Customer. Subject to the agreement of the ordering party and CK BELKY, the written information can also be delivered personally.
h) notify in writing CK BELKY not later than 7 days before the start of the tour that another person or person mentioned in the notice will take part in the tour, instead of him or another participant specified in the contract. The announcement must also include a statement from the new Customer that he or she agrees with a contract and meets all agreed terms and conditions of attendance. On the day of delivery of the notice, the person referred to becomes the Customer. The original and the new Customer are jointly liable for the payment of the cost of the tour and the reimbursement of the costs incurred by CK BELKY in connection with the change of the ordering party, namely EUR 20 per person, in case of use of scheduled air services, the amount of the change fee is to be determined according to the rates of the airline concerned, also in the case of incurring other costs in connection with the provision of the agreed services, the ordering party is obliged to pay these costs.
2/ Under the Act 391/2015 Z.z. the Customer has the right to make a proposal to open an alternative dispute resolution and the Customer is unsatisfied with the way the claim is handled or if he believes that his rights have been violated and the CK BELKY responded or refused to respond to it within 30 days of the date of dispatch. The subject of alternative dispute resolution is the Slovak Trade Inspection.
3/ Customer has an obligation:
a) to provide travel agency cooperation necessary for the proper provisioning and services, especially truthfully and completely state the data required by the contract, including any changes to these data and submit other documents as required by CK BELKY,
b) ensure that persons under 18 are accompanied and supervised by an adult participant, similarly ensuring the accompaniment and supervision of persons whose health requires it to report the participation of foreign nationals. In the case of a minor accompanied by other person that is not a parent, CK BELKY recommends the Customer to provide a written authorization authorizing the accompanying person to conclude the contract for each minor and to accompany each minor. CK BELKY is not responsible for possible problems associated with an absence of accompanying person.
c) to pay the price of the tour in accordance with Article III. hereof,
d) without undue delay, notify CK BELKY of his or her position on any proposed changes to the terms and the content of the agreed services,
e) to take from CK BELKY any documents necessary for the provision of service and properly check them before starting the tour,
f) be in possession of a valid travel document or visa (if required), to respect the customs and immigration rules of the countries to be visited. All costs incurred by failure to comply with these regulations are to be borne by the participant,
g) comply with vaccination or other health formalities when traveling to countries for which they are prescribed by international health regulations,
h) follow the instructions of the guide, delegate or other designated agent of CK BELKY and adhere to established program,
i) act so as to prevent damage to persons or property at the expense of other Customers, service suppliers or CK BELKY,
j) ensure the timely and proper application of any claims under ART. VII. hereof,
k) comply with all instructions by CK BELKY and be present at the place of departure in due time.
4/ The obligations of the Customer further include:
a) to familiarize their participants with these Terms and Conditions as well as other information they receive from CK BELKY, but in particular to inform them about the range and quality of the services,
b) to ensure that all participants meet the basic obligations of Customers that require their personal co-operation and can only be borne by single participant,
c) to provide to CK BELKY a list of participants according to a pre-agreed deadline and all the required details, for children under 18 years to indicate the full date of birth and to indicate the persons responsible for supervision and their accompanying.
B) The rights and obligations CK BELKY
1/ The rights and obligations of the Customer referred to in Article IV. of these Terms and Conditions shall be subject to the respective rights and obligations of CK BELKY.
2/ CK BELKY is obliged to provide accurate information and available facts about the tour, which may affect the decision of the interested party to buy a tour before signature of the contract.
3/ CK BELKY is not obliged to provide the Customer with services beyond the range of pre-agreed and paid services.
4/ CK BELKY is obliged to have a contract for travel insurance which gives rise to the claimant’s right to claim compensation in cases where CK BELKY due to his bankruptcy:
– does not provide the Customer with a transportation from the place of residence if such transportation is a part of the tour,
– does not return to the Customer the advance or the payment for the tour if the tour has not been completed,
– does not return to the Customer the difference between the price paid for the tour and the price of the partially realized tour if the tour was provided in part.
5/ CK BELKY is obliged to submit to the Customer, together with the travel contract, documents designated to the Customer, which must contain information about the concluded obligatory contractual insurance of the tour. CK BELKY and its Customers are insured in case of bankruptcy of CK BELKY under provisions of Act no. 281/2001 Z.z. in the sense of the general insurance conditions for travel insurance in case of bankruptcy of a travel agency. In order to fulfill the obligation under the preceding sentence, the parties consider the placement of the compulsory insurance document at the CK BELKY website.
6/ CK BELKY has the right to withdraw from a tour contract with a Customer who, by its actions and conduct, makes it impossible to carry out a tour in accordance with pre-agreed conditions or jeopardizes the safety of other participants in the tour. In such cases, CK BELKY is entitled to compensation for damages caused by the Customer. In such cases, the Customer is not entitled to a refund of non-issued or unused services.
Changes in the agreed services, the cancellation of the tour
1/ If CK BELKY is forced before the start of a tour to change the essential condition of the contract, it will propose to the Customer in writing a change to the contract. If the proposed change to the contract leads to a change in the price of the tour, the new price must be stated in the proposal. The Customer has the right to decide whether he agrees with the change or withdraws from the contract without payment of contractual penalties. Customer’s decision must be submitted in writing to CK BELKY within the time specified by the travel agency in the proposed change.
2/ CK BELKY has the right to cancel the tour which is the subject of a contractual relationship concluded between CK BELKY and the Customer if the minimum number of participants in the tour is not reached within 31 days prior to its start. The minimum number of participants is individually specified for all tours and listed in the tour information. If CK BELKY cancels a tour, it is obliged to notify the Customer in writing of this fact without undue delay, not later than 7 working days before the start of the tour.
3/ CK BELKY further reserves the right to cancel the tour due to events that cannot be avoided even when all efforts are made or due to unusual and unpredictable circumstances such as natural disasters, war conflicts and political unrest. The obligation of CK BELKY to arrange an agreed tour becomes void by impossibility to perform.
4/ If CK BELKY withdraws from the contract due to the cancellation of the tour before its commencement or if the Customer does not agree with the proposed change of the contract pursuant to par. 1, the Customer shall have the right to request that the CK BELKS, under the new contract, provides another tour of at least the quality corresponding to the services agreed in the original contract if CK BELKY can offer such a tour. When a new agreement is signed, payments made under the original contract are considered to be payments under the new contract. If the price of a new tour is lower than payments already made, CK BELKIN is obliged to return this difference to the Customer immediately.
5/ If CK BELKY cancels the tour for reasons other than those stipulated in paragraph. 3) in less than 20 days before its beginning, the Customer is entitled to adequate compensation.
6/ If, after the start of the tour, CK BELKY fails to provide the Customer with the service or a substantial part of it in a timely manner, or finds that it will not be able to provide it, even if the contract is binding to him, CK BELKY must immediately take action that allow continuation of the tour. If the continuation of a tour cannot be ensured otherwise than by services of a lower quality than those specified in the contract, CK BELKY is obliged to return to the Customer the difference between the prices offered and the services provided.
7/ If the services referred to in par. 6 cannot be provided or the Customer does not accept them, CK BELKY is obliged to return the difference of the price of the booking to the Customer immediately. If transportation is also part of the tour, CK BELKY is obliged to provide the Customer with transportation to the place of departure or to another place of return, which the Customer agrees to, including necessary substitute accommodation and board. If transportation is made by means of transport other than contractually agreed to, CK BELKY is obliged to either reimburse the price difference when the transportation is made at a lower cost or to pay the difference in price from own resources if the transport is made at higher costs.
8/ Based on the individual request of the Customer, CK BELKY is prepared to make changes to the Terms and Conditions agreed in the tour contract, if possible. Such changes are subject to payment of a fee of EUR 20 per change, in case of change of person, date, place of arrival, type of accommodation, etc. In the case of such a change being requested less than 45 days before the commencement of the tour, such change is considered to be a withdrawal from the contract by the Customer and the Customer is obliged to pay the travel agency a contractual penalty in accordance with Art. VI. of these Terms and Conditions.
9/ CK BELKY reserves the right to change the content and time schedule after the start of the tour due to force majeure, the decision of the state authorities or due to other extraordinary events. In the event that after the commencement of tour an overbooking of the accommodation capacity at the accommodation facility occurs and it will be necessary for the Customer to stay in another accommodation facility, CK BELKY will provide substitute accommodation at the same or higher category accommodation facility. Alternative accommodation can also be provided for part of the stay.
1/ CK BELKY may withdraw from the contract prior to commencement of the tour only because of cancellation of the tour or due to breach of contractually agreed obligations by the Customer. The written notice of withdrawal, with reasons, shall be sent by CK BELKY in a documented manner to the postal or electronic address of the Customer specified in the contract. The withdrawal from the contract takes effect on the day the notification is sent.
2/ The Customer has the right to withdraw from the contract at any time prior to the commencement of the service, without stating any reason, unless a new contract under Art. VI is drafted pursuant to Art VI. par.4) of these Terms and Conditions, due to the breach of the obligations of the CK BELKY arising from the contract.
3/ The Customer is obliged to send the notice of withdrawal to CK BELKY in a documented manner. The withdrawal from the contract takes effect on the date of delivery of the notice of withdrawal.
4/ If the Customer terminates the Contract due to breach of obligations by CK BLEKY or if no new contract is signed, CK BELKY is obliged, without undue delay, to return to the Customer all the amount CK BELKY has received from the Customer for payment of the price of the tour according to the canceled contract and the Customer is not obliged to pay to CK BELKY any contractual fines.
5/ If the withdrawal by the Customers is other than breaching of contractual obligations by CK or if CK BELKY withdraws from the contract due to breach of obligations by the Customer, the Customer is obliged to pay CK BELKY contractual penalties. The amount of the contractual penalty is determined by the number of days prior to arrival on the tour or by utilization of services as follows:
– 50 days or more before the tour 50, – EUR for each person,
– 50 to 31 days before the tour 50% of the agreed total price,
– 30-22 days before the tour 70% of the agreed total price
– 21-15 days before the tour 80% of the agreed total price,
– 14 days or less before the tour 100% of the agreed total price.
6/ For the purpose of calculation of the contractual penalty, the agreed total price of a tour does not include the amount of insurance fees paid. The amount of the contractual penalty upon cancellation of insurance already issued shall be calculated according to the terms and conditions of the insurance company concerned.
7/ In the event of cancellation of a tour, which includes a scheduled flight, the contractual penalty for cancellation of the air ticket is calculated according to the conditions of the airline company concerned.
8/ If the Customer does not enter the tour or stay, or does not utilize the service without prior withdrawal from Contract or due to a violation of Article IV. par. 1) g) of these Terms and Conditions, the Customer is obliged to pay 100% of the agreed total price.
9/ When determining the number of days for the calculation of a contractual penalty, the determining day is the day on which the effects of withdrawal from the contract occurs. This day is also counted into a set number of days.
10/ CK BELKY has the right to unilaterally offset the contractual penalty against the price paid for the services ordered. CK BELKY is also obliged to return immediately to the Customer the balance of the paid holiday price according to the canceled contract.
11/ In case of partial cancellation of one person’s accommodation where more persons were stated one contract, the contractual penalty is equal to the amount resulting from the difference between the original price of the tour and the cost of the tour according to the new number of the persons. In the case of cancellation of transport services, the contractual penalty under Article VI is to be calculated pursuant to par. 5) of these Terms and Conditions.
Return policy, damage liability
1/ If the range or quality of the services is lower than that agreed to in the contract, the Customer is entitled to a claim. The Customer is obliged to exercise his or her right to remove the defective service without undue delay, either directly at the service provider or at the authorized representative of the CK BELKY, so that immediate remedy can be realized. The Deputy CK BELKY is obliged to handle the claim immediately, within his or her competence.
2/ If it is not possible to immediately handle the complaint and realize an adequate remedy, the representative of CK BELKY, in compliance with the Customer, will draft a written record stating the designation of the tour, the name of the claimant and the subject of the complaint. The record will be signed by a representative of CK BELKY or a service provider and by the claimant who will receive one copy of the written record.
3/ All claims must be made by the Customer towards CK BELKY without delay, but no later than one month after the end of the tour, or if the tour has not taken place, from the day on which the tour was due to end according to the contract.
4/ For all complaints submitted in accordance with these terms, CK BELKY is required to respond in writing, within 30 days of the receipt of the complaint.
5/ CK BELKY is liable to the Customer for the breach of the contractual obligations, regardless of whether these obligations are to be met by CK BELKY or other service providers during the tour. CK BELKY is not responsible for the level of third party services and actions outside the scope of the tour that a Customer orders on the spot at a guide, hotel, or other organization.
6/ In case of Force Majeure events that that prohibit Customer from fully or partially utilize the ordered, paid and provided services, the Customer is not entitled to reimbursement or rebate of the cost of these services. Departures, arrivals and accommodations at the hotel might also be realized outside the office hours.
7/ CK BELKY advises to heed the possible delays of the transport and the possibility of its occurrence due to problems encountered in road traffic and at border crossings, overcrowded air corridors due to adverse weather conditions, for technical and operational reasons. CK BELKY is liable for damages that may arise due to the delay of the f transport only up to the level of internationally valid standards. For the tours utilizing airline or bus services, the first and last day of the tour are intended for transfers.
8/ CK BELKY is not liable for any damage not caused by CK BELKY or its service providers and the damage that was caused to Customers by a third party not involved in providing a tour or an event that could not have been avoided even if all efforts were made, or due to unusual and unforeseen circumstances.
9/ The Customer that uses own transport is solely responsible for adhering to the date of arrival and closure of the stay, which CK BELKY states in the tour information.
10/ Proper provision of traffic is also considered to be the provision of a modified route, modified transfer points and eventual time discrepancies of individual lines, if any forced changes occurred immediately before the tour or during the tour. CK BELKY, however undertakes to observe the agreed mode of transport to change only in exceptional cases at the expense of the CK BELKY; in the case of cheaper transportation, the CK BELKY will return the price difference to the Customer immediately after return.
11/ Changes and deviations of individual services are possible where necessary. These include but are not limited to the changes in the place of departure, arrival, route, Transport Company, transfer between the stops, type of transport, transport times, departure date, and program during a sightseeing tour, etc. if these forced changes occur immediately before the tour or during the tour. In case of these above mentioned changes, CK BELKY will immediately notify the Customer.
12/ When assessing the number of days of the tour, it is necessary to consider that the transport and accommodation services on the first and last day of service may vary. Even if the room is occupied in the early hours, the previous night is counted as the provided accommodation.
13/ Changes to flight times may also occur shortly before scheduled departure. In case of delay or the previous departure or arrival of the aircraft gives the Customer the right to compensation for the waiting period at the airport or the unused services related to the stay in the range of the internationally valid regulations, while the substitute compensation is provided by the airline company.
14/ Each Customer is personally responsible for compliance with the passport, foreign exchange, transit, health, transport and other regulations of the Slovak Republic, as well as the regulations, laws and customs of the country in which he or she travels through , respectively. CK BELKY is not responsible for any problems caused by not issuing a visa or faulty Customer actions. All costs incurred by non-compliance with the above regulations are to be borne by the Customer.
1/ CK BELKY offer includes a comprehensive travel insurance for tourists. This insurance includes but is not limited to the contract withdrawal and cases of accident or illness. The coverage and pricing of the comprehensive travel insurance are stated in the travel contract, the exact range of coverage and the conditions are provided in the information of the insurance company, which the Customer receives from CK BELKY.
2/ The insurance agreement is created directly between the participant and the insurance company. In the case of compensation for the insurance event, the insurance company is in direct relationship with the tour participant and CK BELKY is not required to assess the existence or the amount of claims pursuant to this relationship.
1/ The validity of these Terms and Conditions applies to tours and services provided to CK BELKY after January 2, 2018, unless specified otherwise by CK BELKY, or the extent of the mutual rights and obligations otherwise agreed in advance, always in writing.
2/ All the information and instructions contained in the information on the official website, catalogue and price list of the services, prices and travel conditions correspond to the information as of 02.01.2018 and CK BELKY reserves the right to change these until the signature of the contract by the Customer.
3/ By signing this contract or by submitting a binding order form via the website, the Customer grants consent to CK BELKY as well as the designated persons to process the personal data specified in the contract in order to secure and provide contractually agreed services and to fulfill the obligations imposed by the generally binding legislation and the Act. 122/2013 Z.z. for the time necessary to secure the rights and obligations arising from the contractual relations between the Customer and CK BELKY, including the disclosure of these data by CK BELKY business partners and the cross-border flow of personal data to the country of residence or transit, only for the purpose of securing contractual services for the Customer. Revocation of consent is possible after termination of the contractual relationship or its fulfillment. Revocation of consent does not apply to personal data that is required to be archived by CK BELKY under special laws or regulations. At the same time, the Customer declares that he is authorized to sign the contract to also authorize the processing of personal data of all persons mentioned in the contract. The Customer is responsible for the completeness, veracity and accuracy of the data he has provided for the purpose of concluding the travel contract.
4/ By signing this contract or by sending a binding order from via the website that they are familiar with, understand, agree with and accept the Terms and Conditions in full.
Signed in Šaľa, Slovak republic, on 02/01/2018
Cestovná kancelária BELKY