General Terms and Conditions

1. Introductory provisions

The contract is concluded between the tour participant and Elixír tours (hereinafter referred to as the ‘travel agency’) on the date on which the travel contract is signed; this contract constitutes a binding booking for the tour by the tour participant and is confirmed by the travel agency. These general terms and conditions shall come into effect simultaneously with the conclusion of the travel contract.

Upon signing the travel contract as a binding booking for the tour, the tour participant (the customer) is obliged to pay a deposit amounting to 50 per cent of the total tour price. The participant (the customer) is obliged to pay the balance, amounting to the remaining 50 per cent of the total tour price, to the travel agency Elixír tours no later than 45 days before the customer’s scheduled departure date. The balance is deemed to have been paid once the relevant amount has been credited to the account of Elixír Tours or paid in cash at the Elixír Tours cash desk.

2. Rights and obligations of the holidaymaker

It is the responsibility of each individual tour participant to hold a valid travel document and, where necessary, a valid entry visa, in accordance with the requirements of the destination country and any transit countries. Participants are responsible for obtaining their own travel documents at their own expense.

It is the personal responsibility of each tour participant to ensure compliance with the customs, passport and health requirements, as well as any other regulations, of the country to which they are travelling. Any costs incurred as a result of failure to comply with these requirements shall be borne by the tour participant.

3. The travel agency’s rights and obligations

The travel agency is entitled to do so, and the tour participant shall not be entitled to withdraw from the contract, in cases beyond its control (in particular changes affecting business and foreign partners, transport providers, airlines and other service providers), and circumstances that cannot be refuted (such as, for example, a change in the exchange rate):

• should it be necessary to accommodate a tour participant in a different hotel, the travel agency reserves the right to arrange accommodation for them in another hotel of the same or a higher category;
• to increase the price within the meaning of Section 852c of the Civil Code;
• to change the dates of the trip by up to 48 hours, even without the participant’s consent;
• to cancel or shorten a holiday due to force majeure — in such cases, the travel agency is entitled to payment for all services already provided; in the event of cancellation, the travel agency is obliged to offer the holidaymaker an alternative holiday;
• The travel agency is not liable for any delays or changes to transport arrangements, and the tour participant has been made aware that such delays or changes may arise due to adverse conditions (weather, technical issues, air traffic congestion, etc.). Tour participants must also take into account the possibility of significant delays when planning connections and other activities.

3.1 Changes to the Terms and Conditions and Data Protection

The travel agency undertakes to inform the tour participant of any changes that may arise.

A travel agency may amend the terms and conditions of a package holiday provided that the change is minor and the customer is notified of it in writing. If external circumstances force the organiser to make a substantial change to any of the essential elements of the package holiday (the essential elements specified in Section 2527(a) of the Civil Code) or if it is unable to meet any special requirements of the customer that it has agreed to, it shall propose an amendment to the contract to the customer, which the customer may accept, or the customer may withdraw from the contract without having to pay compensation. The withdrawal period must not be shorter than five days and must end before the start of the package holiday. If the customer does not withdraw from the contract within the specified period, they are deemed to have agreed to the amendment to the contract; in which case the customer is obliged, within 5 days of the expiry of the aforementioned period, but no later than the start of the holiday, to pay the organiser any additional amount arising from the difference in price of the amended holiday. If the customer fails to pay the organiser the additional amount properly and on time, the organiser is entitled to withdraw from the contract; this does not affect the organiser’s right to compensation for damages. The organiser shall reimburse the customer for the difference in the price of the holiday before and after the change without undue delay.

The travel agency is responsible for the proper provision of all agreed services and is obliged to provide assistance to a tour participant in distress in accordance with Section 2539(2) of the Civil Code. However, if the holidaymaker brings the difficulties upon themselves, the tour operator may be released from its obligation to provide assistance in such circumstances.

By signing the travel contract, or by signing the booking form, the customer consents to Elixír Tours processing and collecting the customer’s personal data in accordance with Section 5(2) et seq. of Act No. 101/2000 Coll. on the Protection of Personal Data, as amended, and in accordance with the General Data Protection Regulation (GDPR), Elixír Tours may process and collect the customer’s personal data to the following extent: first name, surname, date of birth, address and email address, or any other contact details provided by the customer.

4. Cancellation of the contract by the tour participants

This is permitted only in accordance with the cancellation terms and conditions set out by the travel agency as part of its ‘general terms and conditions’.

Cancellation fees for overseas holidays are set at the following amounts:

• actual costs incurred up to the 65th day prior to the start of the holiday, but at least 10 per cent of the total price of the holiday;
• 65 to 46 days before the start of the holiday, the costs actually incurred, but at least 20 per cent of the total price of the holiday;
• 45 to 32 days before the start of the holiday, the costs actually incurred, but at least 50 per cent of the total price of the holiday;
• 31 days or less before the start of the holiday: 100 per cent of the total price of the holiday.

4.1 Cancellation fees for active stays in the Czech Republic

For active holidays in the Czech Republic, cancellation fees are set at the following amounts:

• if cancellation is made more than 40 days before the start of the stay in the Czech Republic, the cancellation fee shall be the actual costs incurred, but at least 10 per cent of the price of the stay;
• Between 39 and 20 days before the start of the stay in the Czech Republic, the cancellation fee is equal to the actual costs incurred, but at least 20 per cent of the price of the stay;
• 19–11 days before the start of the stay in the Czech Republic, the cancellation fee is equal to the actual costs incurred, but at least 50 per cent of the price of the stay;
• If cancellation is made 10 days or fewer before the start of your holiday in the Czech Republic, the cancellation fee is 100 per cent of the holiday price.

5. Termination of the contract by the travel agency

The travel agency is entitled to withdraw from the contract if:

(a) the number of people booked on the tour is lower than the minimum number specified in the contract, and the organiser has notified the customer of the cancellation of the tour within the time limit specified in the contract, which must not be less than:

• twenty days before the start of the trip in the case of trips lasting longer than six days,
• seven days before the start of the trip in the case of trips lasting between two and six days,
• forty-eight hours before the start of the trip, in the case of trips lasting less than two days;
• (b) unavoidable and exceptional circumstances prevent him from fulfilling his obligation, and he notified the customer of the cancellation of the holiday without undue delay, before the start of the holiday.

5.1 Refunds

In such cases, the organiser shall refund the customer all payments made for the holiday; however, the organiser shall not be liable to the customer for damages.

6. Change in accounting treatment

In the event of a significant change to the booking – meaning a change to the passenger’s name, an extension or reduction of the length of stay, a change to the departure date, a change to the accommodation capacity, made within 60 days of the scheduled departure, the customer shall pay a flat-rate fee of 500 CZK per person. If a change is made later than 60 days before the scheduled departure, this change is regarded as a cancellation of the original contract and as a new booking. Should the actual reasonable costs incurred as a result of the cancellation of the travel contract or a change to the booking exceed the fees stated above, the customer is obliged to pay this difference as well.

7. Liability for defects in the package holiday, complaints

The tour participant is obliged to report any faults in the services provided on the spot (to the travel agency’s representative or directly at the hotel) so that these faults can be rectified, if possible, whilst the participant is still on holiday. If the fault is not rectified on the spot, the tour participant is obliged to inform the travel agency immediately, either by telephone or text message to +420 603 447 755 or by email to info@elixirtours.cz. Should it not be possible, for objective reasons, to resolve the complaint on the spot, the tour participant must exercise their right with the travel agency without undue delay, or, if the tour did not take place, without undue delay from the date on which the tour was due to end in accordance with the travel contract; otherwise, the right shall lapse.

8. Travel insurance for tour participants

Elixír Tours recommends that its clients take out comprehensive travel insurance covering medical expenses, accident cover, third-party liability and luggage insurance. We recommend taking out a policy with Evropská pojišťovna; you can also arrange these policies at our travel agency. Tour participants are fully aware of the potential risks and any costs they may incur if they do not take out travel insurance.

9. General and Final Provisions

The General Terms and Conditions of Participation in Tours apply to all tours and services organised by the travel agency and are valid in this version from 1 July 2018.