AVE booking Terms and Other condiotions
AVE Ltd. (hereinafter „AVE“) and the Client (hereinafter „the Client“) enter into an agreement in accordance with the Civil Code and the Commercial Code of the Czech Republic and with Law No.159/1999 CO. This agreement is further modified by the following AVE Booking Terms and Conditions, which are an integral part of the Travel Contract made between the Client and AVE. Upon conclusion of the Travel Contract, the Client agrees to the following conditions which are also relevant for fellow travellers as stated in the Travel Contract.
1. Conclusion of the Travel Contract, the Payment
The Travel Contract between AVE and the Client is concluded based on a fixed offer made by AVE in the form of a written Travel Contract. The Client is obliged to send the completed, edited and signed Contract to the AVE offices. It comes into effect upon AVE's receipt of the Travel Contract and the deposit payment.
Booking a tour and payment procedure:
- The Client fills in his/her requirements for the tour in the Request Form on the AVE web site for him or herself and for his or her fellow travellers.
- AVE sends the Client the pre-filled Travel Contract including a relevant offer of supplementary services within 2 working days after the receipt of the Request Form. In the event that the minimum number of participants is not reached at the time of receipt, AVE sends the Client a written notice stating that the Client’s requirement is registered and that the Travel Contract will be sent to him or her as soon as the required number of travellers is reached.
- Upon receipt of the Travel Contract, the Client can make all necessary travel arrangements such as purchase of flight tickets according to the dates of the tour and the options stated in the offer. The Client completes the pre-filled Travel Contract and pays the deposit. He or she sends the Travel Contract to AVE according to the options and instructions stated in the Travel Contract.
- Upon receipt of the Travel Contract and the required deposit, AVE sends a confirmation of receipt of the deposit to the Client. AVE also sends detailed information relating to the tour and all the facts important for the Client, as well as instructions on how to join the tour.
- The additional payment is to be paid 30 days before the starting day of the tour.
- On the start day of the tour, the Client obtains from AVE an updated programme of the tour that clarifies all tour services and other tour related materials. However, if additional advance payment has not been made, the Client has to make this payment before starting the tour.
Alterations to the tour by the Client must be made in writing to AVE and confirmed by AVE, along with all obligatory data stated in the order for the tour. Such alterations are free of charge.
2. Price of Tours
Prices of tours are in EUROs (€), include VAT and statutory insurance in accordance with Law No.159/1999 St. against bankruptcy. Payments can also be remitted in any other transferable currency.
3. Cancellation of the Travel Contract
a) On the Client's Side
Cancellation must be made in writing.
Cancellation charges are:
- in the event of cancellation 30 or more days before the beginning of the tour - 20 % of the total tour price
- in the event of cancellation from 29 to 10 days before the beginning of the tour - 50 % of the total tour price
- in the event of cancellation 9 or fewer days before the beginning of the tour and in the event of absence from the tour, or in the event of being unable to complete the tour for whatever reason -100 % of the total tour price
This information is subject to our receipt of a written notification of your cancellation.
AVE recommends that Clients purchase insurance against irrecoverable cancellation costs (in case of illness).
b) On AVE's Side
AVE is responsible to the Client for providing the agreed services. In case of extraordinary circumstances, AVE reserves the right to change the programme of the purchased tour and related services. In the event that AVE is unable to provide the agreed services, AVE is obliged to supply replacement services or secure a discount. The Client claims the discount in written or verbal form. AVE documents this by means of a letter of dispute.
4. Special Provisions Concerning Bicycle Tours
By their nature, cycle tours allow for alternatives and a substantial degree of flexibility. Therefore, outline itineraries given for each bike tour must be taken as an indication of what each group should achieve, and not as a contractual obligation on the part of AVE. Changes to the itinerary may be caused by mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances.
It is a fundamental condition of joining any AVE bike tour that you accept this flexibility, and acknowledge that delays and alterations as well as their results, such as inconvenience, discomfort, or disappointment, are possible: AVE will always endeavour to provide suitable alternative arrangements. If it is impossible to make alternative arrangements, or if a passenger is unable or does not choose for good reasons to complete an itinerary outlined for a bike tour, AVE is not liable for supplying alternative itineraries, excursions, accommodation, services or staff for the period when the Client is not present with the group. However, AVE will arrange transportation back to Prague in these circumstances, if the Client wishes.
On AVE cycle tours, it is essential that Clients abide by the authority of the tour leader, who represents AVE. Completing the AVE order form signifies the Client’s agreement to this, and if the Client commits any illegal act when on the bike tour, or if, in the reasonable opinion of the tour leader, the Client’s behaviour causes or is likely to cause danger, distress or annoyance to him/herself or others, AVE may terminate the Client’s travel arrangements without any liability on AVE’s part. If the Client has any condition, medical or otherwise, that may affect his/her or other people's enjoyment of the bike tour, it is essential that he or she advises AVE of this at the time of booking.
Before coming on the cycle tour, the Client must be covered by insurance, which must include adequate coverage for baggage, medical expenses and the cost of repatriation, should he or she become too ill to continue, including helicopter rescue and air ambulance. If the Client joins the bike tour without adequate insurance he or she may not be allowed to continue on the bike tour, with no right of refund. The Client is required to carry proof of insurance at all times and produce it if reasonably requested by AVE employees or suppliers.
AVE is liable to the Client for any damage caused by AVE's failure to perform the terms of contract or by AVE's improper performance of the contract, unless that failure is:
- attributable to the Client or to a third party unconnected with the provision of the services and it is unforeseeable or unavoidable;
- due to unusual and unforeseeable circumstances beyond our control that could not have been avoided even if all due care had been taken or due to an event which even with all due care could not have been foreseen or forestalled.
In the event of a bicycle (whether hired or not) being lost or delayed on the outward journey, AVE shall not be responsible financially or otherwise for the inability of the passenger to continue with their bike tour, or loss of enjoyment, unless such a loss or delay is due to the negligence of AVE or its staff and suppliers. AVE shall endeavour to make alternative arrangements for the Client, but if it is impossible to make alternative arrangements or if a passenger is unable or does not choose for good reason to accept such changes, AVE will arrange transportation back to Prague, if he or she wishes.
Bike Rental Conditions
The bicycle, including all accessories supplied, is let out on hire. The Renter undertakes not to misuse the bicycle and to return it with all accessories in the same condition as when received (ordinary wear and tear excepted). AVE shall be entitled to charge the Renter for any damage caused to the bicycle during the period of hire. In the event of a breakdown, other than as a result of the Renter's misuse, AVE will use its best endeavours to repair or procure the repair of the bicycle.
Notwithstanding claims for personal injury or death, AVE shall not be liable for any damage or loss whatsoever, through breakdown or other defects in the bicycle or other circumstances beyond AVE's control. The Renter shall be liable to AVE with respect to all costs, claims, expenses and demands which he or she may suffer or incur and which arise directly or indirectly from use of the bicycle during the period of hire. AVE reserves the right to charge the Renter for partial or full settlement of any such claim. In the event of the bicycle being stolen or lost, AVE reserves the right to call upon the Renter to be liable to AVE for the replacement value of the bicycle, being not less than 500 EUR (€).
The Renter must be over 15 and under 75 years of age, and must ensure that the bicycle is adequately secured when not in use. He or she must not use the bicycle whilst under the influence of drink or drugs, and must endeavour to immediately notify AVE in the event of breakdown or loss of the bicycle.
The Client has the right to complain in the event of imperfect or incomplete services. The Client must relay such complaint to the tour leader or to the provider of the services as soon as it happens, so that reparation can be made immediately. Whenever it is not possible to settle a claim on the spot, it is necessary to write a letter of complaint presenting the reason for the claim, the name of the person to whom the claim was made and the date of the claim. This letter of complaint has to be approved by the tour leader or by a services provider. The letter of complaint or verbal claim must be presented no later than three months after the end of the tour. The cancellation proceedings cannot be carried out and the claim cannot be accepted without a letter of complaint or by a verbal claim.
Insurance for AVE bankruptcy according to the law 159/99St is included in the price of the tour. Arrangements for travel insurance (health insurance, insurance for harm done, baggage insurance, casualty insurance and insurance against irrecoverable cancellation costs) are the responsibility of the Client. The tour leader has the right to exclude a Client from the tour in the event of a breach of the law or a breach of the travel contract, or if he or she disturbs the tour in spite of previous warnings of the possibility of his or her exclusion from the tour.
By completing the Travel Contract the Client agrees that, if necessary, AVE may pass his or her confidential data to third parties who participate in the specific bike tour, which he or she has booked (for example, hotels). This information will not be used for any other purpose, nor will it be passed to any other parties.
The booking conditions may only be waived or amended by written mutual agreement. When the Client completes the order form he or she agrees to accept all these Terms and Conditions; when AVE accepts his or her booking, AVE agrees to carry out its obligations to him or her as defined in the information provided to the Client. Both sides of this agreement are made subject to and must be interpreted and enforced according to the non-exclusive law and jurisdiction of the Czech Republic.
The AVE Booking Terms and Conditions for attending AVE tours come into effect as of April 1st, 2008 until the date of its change or its appeal.
Prague, October 8th 2007.
Chairman of the Board