Terms and conditions

1. The Contract
2. Definitions
3. General Conditions
4. Booking Procedure
5. Variations
6. Cancellation by Company
7. Cancellation by You
8. Company’s Obligations and Liabilities
9. Your Obligations and Liabilities
10. Limits to the Company’s liability
11. Complaints Procedure
12. Photo Material
13. Unable to attend planned event

1. The Contract
Pragout s.r.o. (“Company”) isthe owner of the following purchase-enabling website (“the website”):www.pragout.cz. When you make a booking via the website, you are entering intoa contract with the Company on the following terms and conditions (“theTerms”).

2. Definitions
The following definitions apply in this contract:
“Group Leader” – the person in charge of the group
“You” – includes the GroupLeader and all persons within the Group
“Group” – all persons to whom the travel arrangements apply, including anyone added or substituted after Company has received the booking

3. General Conditions
3.1 This contract is governed by the law of the country in which the holiday takes place (as examples: theLaw of The Czech Republic) and both parties submit to the exclusive jurisdiction of the local courts of this country should any dispute arise as to the interpretation or performance with the Terms. As noted above, this does not exclude your mandatory legal rights including your statutory rights or local implementation of the EC Travel Directive (90/314/EEC).
3.2 The Terms will apply to all bookings Company confirms after 16 March, 2020.
3.3 You must be at least 18years old as of your scheduled date of arrival and Company reserves the right to request proof of age.
3.4 All members of the Group must sign their holiday voucher as their acknowledgement that they have read and understood the Terms and agree to be bound by them. That copy must be passed to the Company representative on arrival at the holiday destination or sent via email.
3.5 Each of the Terms are severable and distinct from one another and if at any time any Term should become invalid, illegal or unenforceable, the validity, legality or enforceability of the other Terms shall not in any way be affected or impaired.
3.6 Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.

4. Booking Procedure
4.1 One reservation form must be completed for each Group. Reservation is done through our official representative.
4.2 Our representative will quote a price for your selected itinerary. UnlessCompany indicates to the contrary, the price does not include such matters as the cost of refreshments, food, admission to events or activities, airport or hotel transfers, parking or porterage charges.
4.3 You will then be presented with the option of making a reservation. Your contract with Company will only come into existence when Company has issued a holiday voucher to the Group Leader. Until that time, acceptance of your booking is at Company absolute discretion. The Company may refuse to accept it for any reason.
4.4 A holiday voucher will be issued once the Company receives your deposit – a payment of no less than 50% of the total price quoted.
4.5 In addition to the holiday voucher, the Group Leader will also receive confirmation of your hotel reservation and any other travel documents by email prior to your date of departure. Company will not supply you with paper copies of any such documentation.
4.6 Payment of the outstanding balance of the total cost quoted must be made to theCompany no later than 42 days prior to your arrival, regardless of payment method.
4.7 Company accepts no liability for any errors in your reservation form nor for inaccuracies in Company documentation which you fail to bring to Company's attention within three days of that documentation being issued to the GroupLeader.

5. Variations
5.1 The Company reserves the right, without giving you notice, to vary:(a) the Terms, prior to full payment of the total cost quoted;(b) the activities and services offered, together with the price advertised for providing the same, prior to arrival;(c) any part of your booking, at any time, where such changes are minor, for instance, if the hotel referred to in your travel documentation subsequently becomes unavailable, then a suitable alternative will be substituted.
5.2 If you wish to alter your travel arrangements after the holiday voucher has been issued, the Group Leader must notify Company by email. Variation of the travel arrangements is at the absolute discretion of the Company. Any such variation will give rise to are calculation of the total cost originally quoted by reference to the prices stated on the websites on the date Company confirms the variation. If this should result in an increase in the deposit payable, Company will not confirm the variation until payment of the increased payment has been received.
5.3 Prices are in euros, and payment in other currencies, such as British pounds, may be subject to a foreign exchange surcharge if the rate between it and the euro is more than 10%lower on the date of arrival compared to the rate at the time of booking.
Company reserves the right to amend the holiday price by adding a foreign exchange surcharge at any time and without notice at our discretion.

6. Cancellation by Company
6.1 Where an activity cannot be provided due to circumstances beyond Company’s control, such as adverse weather, closure of licensed premises or where an activity supplier has ceased to trade and a suitable alternative cannot be offered, a full refund for that activity will be provided.
For clarity: This does not cover circumstances where you are unable to reach the designated meeting point, such as difficulty or inability to cross a country border. These cases are handled in Point 13 of these Terms and Conditions.

7. Cancellation by You
7.1 Prior to arrival, your cancellation of all or any part of your travel arrangements will not be effective unless confirmed to the Company by email from the Group Leader. After arrival, you will be deemed to have cancelled your travel arrangements if you do not attend at the agreed time and place for whatever reason or fail to settle any balance owing with our Company representative.
7.2 The following charges will apply where you either cancel or are deemed to have cancelled the travel arrangements:(a) no charge will arise where cancellation occurs prior to payment of deposit;(b) once the deposit payment has been made, cancellation will render you liable to a charge of 50% of the total cost of the travel arrangement cancelled. This will increase to 100% if cancellation occurs either within 42 days of your scheduled arrival, or anytime following your arrival at your holiday destination.
7.3 Sales incentives such as price discounts and additional free services are granted based on group size and other factors such as quantity or services. Consequently, the Company reserves the right to reduce the value of these incentives if you cancel any part of the travel arrangements you proposed at the time they were granted.

8. Company’s Obligations and Liabilities
8.1 The Company is not the direct supplier of the accommodation and activities which make up your travel arrangements. It acts only as a booking agent. In that capacity, the Company will take all reasonable steps to ensure that:(a) your travel arrangements are supplied as described on the websites and that they meet a reason able standard;(b) activity and accommodation suppliers follow local health and safety guidelines and legal requirements.
8.2 Liability is accepted for:(a) negligent acts or omissions by employees or agents of the Company (acting within the scope of their employment or contract with the Company) in the provision of your travel arrangements;(b) a failure to perform or improper performance by the Company of all or any part of the Terms.

9. Your Obligations and Liabilities
9.1 You must comply with these Terms. Non-compliance will amount to deemed cancellation by you of all the travel arrangements provided by the Company.
9.2 Once you arrive at your holiday destination you will:(a) conduct yourself in a responsible manner and without risk to the health and safety of yourself or others;(b) comply with every reasonable instruction or request of the Company representative or agent or activity or accommodation supplier.(c) If you fail to do so, you will be deemed to have cancelled your travel arrangements with immediate effect.
9.3 If the Group is more than30 minutes late in meeting the Company representative at the agreed place and time for a scheduled activity, then each member of the Group will be deemed to have cancelled the activity.
9.4 You will be personally liable for any damage occasioned by you to the property or person of a third party.
9.5 It is your responsibility to obtain all necessary travel documents and medical advice with respect to your holiday destination. Please ensure that you possess a valid passport and visa (if appropriate). You should also check with your doctor as to whether vaccinations or additional health precautions may be required.
9.6 When booking your travel arrangements with the Company, it is the Group Leader’s responsibility to as certain whether any member of the Group suffers from an existing medical condition or disability and to notify the Company accordingly. If such information is not disclosed to the Company until after the holiday voucher has been issued and, in the opinion of the Company, the condition or disability would render the travel arrangements unsuitable or unsafe for the member affected, then the member will be deemed to have cancelled the travel arrangements.
9.7 We recommend you take out insurance cover for the duration of the travel arrangements, for participation in potentially dangerous sports and activities. You should not participate in an activity if insurance has not been arranged. You agree to indemnify theCompany against any liability for costs arising from your failure to obtain adequate insurance cover.
9.8 European Union residents are advised to complete an EIII prior to travel.

10. Limits to the Company’s liability
10.1 Accommodation classifications and ‘star’ ratings are determined by the Company based on the official classification from the tourist authority of your holiday destination.
The Company relies upon these authorities to ensure that your accommodation complies with all local laws and cannot accept any liability where accommodation fails to do so. The Company reserves the right to quote different ‘star’ ratings than the local tourist authority where it believes this is justified to give a fair indication of the relative quality of the accommodation.
10.2 All photographic and pictorial references on the websites are merely representative of the activities which the Company can arrange and should only be relied upon to that extent. The Company has based their descriptions of the activities on information provided by suppliers. Whilst the Company believes their supplier’s representations to be true, it cannot accept liability for any false representation or breach of implied warranty of any kind as to the activities offered.
10.3 No liability is accepted by the Company in the following circumstances : if you or any member of the Group are at fault (including, but not limited to, a failure to comply with theTerms);a third party unconnected to the provision of services arranged through the Company is at fault; any unusual or unexpected circumstance beyond the control of the Company or its suppliers; any event which the Company or the activity or accommodation supplier could not have reasonably foreseen; any instance of inappropriate behaviour on your part or any member of your Group, including, but not limited to, insobriety, violent conduct, breach of any local laws and discourtesy;
10.4 If any supplier can exclude or limit liability under any international convention or foreign law, the Company will rely upon that exclusion or limitation.
10.5 If you suffer loss, damage or injury due to any act or omission on the part of the Company, its suppliers or agents, acceptance of liability is subject to you initially co-operating with the Company in any legal action it may take to enforce its own contractual indemnities against them.10.6 Where the Company is unable to provide the travel arrangements after a holiday voucher has been issued, Company’s liability will not exceed the total cost of your travel arrangements.
10.7 The Company will not be liable where it has to cancel or change your travel arrangements in any way for reasons of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, or other circumstances amounting to force majeure.
10.8 The Company will not be liable for any sales that are not part of the original holiday booked through the website at the time of arrival. Anything that is bought subsequently when the Group is already on the holiday is not legally the responsibility of theCompany. In these cases, the Group has to deal with the local supplier and in accordance with local regulations.
10.9 In the matter of damages arising from the non-performance or improper performance of the services involved in the package, the compensation payable by the Company will be limited in accordance with the international conventions governing such services. In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, compensation payable by the Company shall be limited to no more than the cost of the services provided.

11. Complaints Procedure
11.1 Complaints must be brought to the attention of the accommodation or activity supplier and the Company representative immediately. Any unreasonable delay will entitle the Company, at its absolute discretion, to refuse to deal with the complaint.
11.2 If the complaint cannot be resolved locally, you must put it in writing, handing one copy to the supplier and retaining one copy for yourself. Within 28 days of returning from your holiday destination, you must confirm your complaint by email to Company’sCustomer Services Department (customer.support@pragout.cz), and include your booking reference, together with any other relevant details such as receipts.
11.3 If the Company decides that compensation is payable to you, the form of compensation will be at theCompany’s absolute discretion and may include a free holiday, credit/discount vouchers redeemable within a fixed period or other similar arrangements.Compensation will not take the form of any kind of monetary payment or credit card refund.
11.4 Disputes arising out of , or in connection with this contract which cannot be settled amicably, may (if you wish) be referred to arbitration under the laws of the country where the holiday took place .

12. Photo Material
12.1 The Company reserves the rights to take photographs and videos of events during your travel for commercial use, which may or may not show members of your Group.
12.2 The Company will not take pictures or videos of your Group in situations we would consider embarrassing.
12.3 Should you wish for us to not use these pictures or videos in a commercial sense, please send an email to customer.service@pragout.cz in which you specify the relevant pictures and we will stop using them.

13. Unable to attend planned event
13.1 As per "9. YourObligations and Liabilities" you are responsible for arriving at the designated meeting point. Since the Company does not arrange transport to the meeting point or country in question, the Company is not responsible for difficulties in reaching this meeting point, such as due to cancelled flights or border control. the Company encourages you to seek compensation with the company with whom you have booked transportation (airline, train line etc.) or with your travel insurance.
13.2 If you already know you will have difficulties in reaching the designated meeting point, you should contact the Company right away. We want to help customers get the full experience of their planned event, and therefore, if for any reason from March16th 2020 to April 30th 2020 you are unable to or do not wish to go ahead with your booked event we offer you the option to rebook your event at no or very little cost, see below.
(a) Rebooking of activities: if you contact us to rebook min. 7 days before the start of your event, we will reebok you to a different time or find an appropriate alternative for free with no extra charges.
(b) Rebooking of accommodation: you must contact us to discuss the possibility of rebooking your accommodation to a different date as soon as possible and without undue delay. In this case, we will very likely be able to change your booking for free or with very little extra cost.