Публичная оферта

This public offer (hereinafter — the “Offer”) is an offer of The Best Western Travel Agency s.r.o. (hereinafter referred to as the “Contractor”) to an unlimited circle of competent individuals to conclude an agreement on the provision by the Contractor of services related to the booking of services rendered (provided) by third parties (i) services for the air transportation of passengers, (ii) tourist products, (iii) hotel services, services sanatorium-resort organizations and other services for temporary accommodation and stay of individuals and (or) (iv) insurance-related services under the conditions specified below.

Definitions

  • «Site» is the Contractor’s website located at the following address: https://western-travel.cz, where the Customer places an Order using the System.
  • «Customer» is a legal individual accepting the Offer.
  • «Order» is a duly executed request of the Customer for the provision of the Service selected on the Site using the System.
  • «Service» is any of the following services provided by the respective Suppliers: air transportation of passengers («Air transportation»); tourist product («Tourist service»); hotel service, service of a sanatorium-resort organization or other service for temporary accommodation and stay of individuals («Hotel service»); insurance related service («Insurance service»).
  • «Supplier» means a person who provides the Service and who, in accordance with applicable law, is entitled to provide the respective service.
  • «System» — a complex of hardware and software of the Contractor, located on the Site. The system contains information about the Services, the Suppliers, the rules for applying the Services, as well as the essential conditions for the provision of the Services by the Suppliers. Such information is presented in the System in full accordance with how it is presented in the booking systems by the Suppliers and their authorized representatives, and can be changed or supplemented at any time.

Ordering Procedure

1.1. The order on the website is carried out after entering personal data on the tour purchase page.

1.2. Personal data required for the purchase: Last name, First name, Patronymic, email address, telephone number, passport data, date of birth of the Customer.

1.3. To issue tourist vouchers, you must indicate the last name, first name, patronymic, date of birth, passport details of each tourist who travels on the purchased tourist product.

1.4. Information about the booked and / or purchased tourist product is sent to the Customer by e-mail indicated about the booking and / or purchase of the tourist product.

1.5. Registration in the personal account on the website for the purchase and / or booking of a tourist product is not required.

 

Customer.

2.1. Information exchange between the Contractor and the Customer regarding the Order and fulfillment of its other obligations under the Agreement is carried out through email, the address of which was specified by the Customer during registration. In this regard, the Customer undertakes to regularly, until the completion of the provision of the Services, independently monitor the status of his Order, check his email for information about possible changes in the status of the Order, and if necessary, contact the Contractor by telephone indicated on the Site or through the feedback form posted on the Site.

2.2. Responsibility for any consequences arising from the Customer’s lack of information on changes in the Order due to reasons beyond the control of the Contractor (for example, cancellation or postponement of the flight, Customer’s payment of the Order by the Customer’s bank, tariff changes, etc.) is borne by the Customer.

 

Ordering

3.1. The customer carries out the execution of the Order on his own, while not allowing for “double” bookings (i.e., identical bookings). The Contractor or the Supplier will have the right to cancel part or all of the “double” bookings of the Customer, and the Contractor does not accept responsibility to the Customer for any consequences of such cancellation for the Customer.

With all the essential terms of the Order, including the rules and deadlines for the provision (provision) of the Service by the Supplier, the rules for changing or refusing the Service, payment and returning the cost (part of the cost) of the Service, etc., the Customer is obliged to become familiar with the process of placing the Order. If the Customer does not understand any conditions of the Offer (Agreement), Order (Service) or the Agreement, including the conditions for refusal, return, making any changes to the executed Order, the User must clarify the necessary information from the Contractor before paying for the Order.

When placing an Order, the Customer must fill in all the fields indicated in the System as mandatory.

3.2. Orders issued by the Customer are final. By the fact of payment for the Order, the Customer confirms its full and unconditional acceptance of the terms of the Offer (Agreement) and the Agreement, as well as confirms the correctness of all data entered by him into the System when placing the Order (data, dates, details of documents, addresses, etc.).

After the User completes the payment for the Order, the conclusion of the relevant Agreement with the Supplier is confirmed by sending the Customer to the email address of documents in electronic form containing the parameters of the Service to be provided to the Customer by the Supplier. Paperwork may take some time.

Electronic documents confirming the conclusion of the Agreement are:

  • itinerary receipt of e-ticket in relation to air transportation;
  • tourist voucher (voucher / booking confirmation) and (or) agreement on the sale of the tourist product in relation to the Tourist service;
  • voucher (booking confirmation) and (or) temporary accommodation agreement (other agreement) for the Hotel service;
  • insurance policy in relation to the Insurance service.
  • In case of late receipt by the Contractor of information on payment by the Customer, cancellation of the Order by the Supplier (termination of the Contract by the Supplier) or for other reasons not dependent on the Contractor, the Order is canceled and, if possible, can be restored on request.

 

Payment Order

4.1. The cost of the Order is determined when placing the Order and includes the cost of the Service and may also include the Contractor’s fee for the provision of services under the Agreement. The cost of the Order is set in rubles. Local authorities in certain countries may impose additional taxes (tourist tax, etc.), which will have to be paid to the Customer upon arrival at the place.

4.2. When paying for the Order with a bank card on the Website, the payee shoulde be the Contractor.

4.3. The cost of the Order is indicated on the Website on-line and can be changed by the Supplier

unilaterally. In the event of errors in specifying the Order value arising in the System through no

fault of the Contractor, the Contractor shall inform the Customer about this at the earliest opportunity in the manner provided for in clause 2.1. of the Offer. The Customer may at his choice confirm the Order at the new cost or cancel the Order. If it is impossible to contact the Customer within 24 hours by any method specified in clause 2.1. Of the Offer, it is considered that the Customer did not agree with the change in the value of the Order, in connection with which the Order is canceled. If the Order canceled in accordance with this clause has been paid, the Contractor shall refund the funds paid for the Order to the Customer.

4.4. In some cases, when paying by bank card, the Customer may be offered payment by installments (recurrent payment). In this case, the Customer makes the first payment once and agrees with the frequency and amounts of subsequent debits, which occur without re-entering the details of the bank card.

4.5. Limitations on using installment payments:

  • All recurring payments must be made before using the Service.
  • In case of impossibility to write off the payment amount for the Order, the Contractor has the right to cancel the Order.
  • The customer has the right to refuse the Services and thereby early terminate the execution of recurrent payments in accordance with clause 5.1.
  • The Order not paid in due time is canceled by the Contractor.
  • The Contractor has the right to charge the Customer additional service charges, including non-refundable.
  • In order to avoid misuse of bank cards, orders placed on the Website and paid for with a bank card can be checked by the Contractor in accordance with generally accepted rules.

 

Amendment of the Agreement. Refusal of Services.

5.1. The Customer has the right to refuse the Service or, if it is provided for by the terms of the Agreement, to make a change to the Agreement.

5.2. Actions to cancel the Service and make changes to the Agreement are carried out by the Customer by notifying the Contractor by email and phone.

5.3. Changes to the Agreement may be subject to additional payment in accordance with the terms of the Agreement and Agreement.

5.4. In case of refusal of the Services, the Customer shall refund the funds paid for the Order minus fees, penalties, fines and penalties and other penalties withheld from the Customer in accordance with the terms of the Agreement and the Agreement, which the Customer has read and agreed to by paying the Order. If the funds for the Service were paid to the Contractor, the return of the amounts to be refunded in the event of the Customer’s refusal of the Services is carried out by the Contractor after receiving the appropriate funds from the Supplier.

 

Customer Responsibilities. Personal Information.

5.1. In addition to other duties specified elsewhere in the Offer, the Customer undertakes to:

  • not to use the Site and the System or their contents for commercial purposes;
  • do not make speculative, fake or fraudulent Orders or any Orders for the purpose of generating income;
  • do not access the Site and the System, view or copy any content or information from the Site and the System using robots, scrapers, spiders and other automatic means or manual processes for any purpose without the written permission of the Contractor;
  • not violate restrictions in any HTTP headers to block robots on the Site or bypass other measures to prevent or restrict access to the Site;
  • not to take any actions that cause or may cause, in the opinion of the Contractor, an excessively or disproportionately large load on the infrastructure of the Contractor;
  • do not give direct links to any part of the Site for any purpose without the written permission of the Contractor, or do not create «mirrors» or otherwise transfer any parts of the Site to other websites without the prior written consent of the Contractor

5.2. Accepting the Offer, the Customer agrees to the Contractor for the processing of their personal data and personal data of other persons who will be provided with the Services, namely: last name, first name, patronymic, address (place of residence (registration), postal, place of stay), numbers and other details identity documents and other documents, information about the date and place of birth, physical condition, photos, family composition, bank details and bank card details and other data and information necessary for the Provider to provide services according to Agreement. The processing of personal data is carried out in order to exercise the rights and fulfill the obligations of the Contractor under the Agreement and contracts with counterparties with or without the use of automation equipment and includes the collection, recording, systematization, accumulation, storage, refinement (update, change), retrieval, use, transfer (provision, access), depersonalization, blocking, deletion, destruction of personal data. The customer agrees to transfer, including cross-border transfer of personal data, to the extent necessary by any legal means to Suppliers and owners of reservation systems in accordance with the purposes of personal data processing and applicable law. Consent to the processing of personal data is valid for 30 years and can be revoked at any time by the Customer on the basis of his written Statement. The Customer also confirms to the Contractor that he has the consent of other persons to whom the Services will be rendered for the processing by the Contractor of their personal data.

 

Intellectual property

6.1. All textual information and graphics on the Site are the property of the Contractor and / or its contractors.

6.2. Reprinting, reproduction in any form, distribution, including in translation, of any materials from the Site is possible only with written permission and on the terms of the Contractor.

 

Warranties and liability

7.1. The responsibility of the Contractor in the provision of services under the Agreement is limited to the function of organizing and implementing interaction (including information technology) between the Customer and the Supplier in order to enter into the Agreement. The Contractor is not responsible for the parts, components, equipment and software of payment systems involved in the general processing of orders and the conclusion of contracts.

7.2. If for any reason the Suppliers did not provide or provided incomplete or unreliable information about the Services to the System, then these circumstances cannot serve as a reason and / or reason for the Customer to make claims to the Contractor, since the provision, content and completeness of information about the Services depend on and are Supplier Liability. Suppliers are persons not affiliated with the Contractor. Suppliers are fully liable in cases of misconduct on their part, including for misleading the Customers regarding the Services provided.

7.3. The Contractor shall not be liable to the Customer in the event of complete or partial inoperability of the Site, the System and their components for some time, as well as in the absence of the Customer’s access to the Site and / or the System or incurring any indirect or direct losses in connection with these circumstances. All offers, prices and conditions of the Services may be changed without notifying the Customer, limited in time, availability, dates, dates, factors of weekends and holidays, seasonal price fluctuations, as well as strikes and temporary inoperability of booking systems and / or are subject to other changes, conditions and limitations.

7.4. The Contractor shall not be liable for the negative consequences and losses of the Customer resulting from events and circumstances beyond the scope of the Contractor’s competence or control, as well as for the actions (inaction) of other persons, for example:

  • if it is impossible to fulfill the obligations assumed due to the unreliability, insufficiency and untimely information and documents provided by the Customer, or if the Customer violates the terms of the Agreement or the Contract or the requirements for documents;
  • for the actions of the Suppliers;
  • for actions of customs and immigration authorities;
  • for restricting the passenger’s right to leave the Russian Federation or another point of departure by the competent authorities of the relevant country;
  • for the actions of consulates of foreign countries, including the delay, refusal or change in the timing of the issuance of entry visas;
  • for the consequences of violation by the Customer of customs and border formalities, rules of travel and baggage transportation, as well as violation of special rules of conduct in the country of temporary residence;
  • for the absence of the Customer’s supporting documents, the presence of which is necessary for the provision of the Service in accordance with the terms of the Agreement;
  • for non-compliance by the Customer and other persons with the conditions and rules for the provision of the Service established by the Supplier;
  • for the absence of issued international passports, relevant documents regulating the departure of minors under the age of 18 years;
  • for the authenticity and correctness of the passenger’s documents (accuracy of the information contained in them).

7.5.      The customer confirms and guarantees that he, in particular, is acquainted and agrees:

  • with the requirements for availability of documents required for the provision of services by the Service Provider. The passenger should independently familiarize himself and fulfill all the requirements of the country to which he is going;
  • with the terms and conditions of the provision of the Services by the Supplier;
  • with the requirements for foreign passports and other formal documents, including the residual period of validity of a foreign passport required for obtaining a visa and entering the host country; on features and rules of border (customs) control (regime) of the Russian Federation and foreign states; the duty to comply with customs and border rules;
  • that passengers are solely responsible for the validity of passports for travel abroad, consent to leave minor children and other documents necessary for crossing the border, for the accuracy of the information contained in these documents;
  • that the deportation of a passenger with invalid entry or exit documents is carried out exclusively at the expense of the passenger. The customer is obliged to independently obtain the necessary information on the deportation procedure at the consulate of the respective country.

7.6.      The parties are exempt from liability for improper performance or failure to fulfill obligations under this Agreement in case of occurrence of force majeure circumstances. These include the following circumstances: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, military actions of any nature, strikes, the introduction of a state of emergency or martial law, an embargo, changes in the legislation of the Russian Federation or the country of stay or transit, actions of the customs and sanitary control bodies, cancellation of bus, ferry and other transport services, taxi routes, traffic on the roads, issuance by the authorities of regulations that resulted in the impossibility of proper fulfillment by the Parties of their obligations and other circumstances that the parties cannot influence and prevent.

7.7. The occurrence (and termination) of the circumstances specified in clause 7.6 of the Offer, the party for whom it was impossible to fulfill the obligations under the Agreement, shall immediately notify the other Party. Failure to notify or late notification of the specified circumstances deprives the parties of the right to refer to these circumstances and does not exempt from liability under the Agreement. The deadline for the fulfillment of obligations by the parties under the Agreement shall be postponed in proportion to the time during which such circumstances will apply. If circumstances continue for more than 14 (fourteen) days, either party will have the right to refuse to fulfill its obligations under the Agreement. The presence of these circumstances is confirmed by the relevant decisions of the federal bodies of state power, the bodies of state power of the subjects of the Russian Federation, the bodies of local self-government adopted by them in accordance with the legislation.

 

Changes to the Offer

8.1. The Contractor has the right to make changes to the Offer at any time without notifying the Customer about the changes made. The customer is obliged from time to time to contact https://western-travel.cz/oferta/, where the text of the Offer is constantly posted, and to get acquainted with it.

 

Information about the Contractor

 

The Best Western Travel Agency s.r.o.

Address: Za Poříčskou bránou 315/10, Karlín, 186 00 Praha 8, Czech Republic

Tel. +420736427429