TERMS AND CONDITIONS OF THE CZECH ANCESTRY GUIDE
- General information about the services offered and their provider
1. 1 The provider of services offered under the Czech Ancestry Guide brand is Dagmar Pavlíčková, ID No.: 674 08 991, with place of business at Prague 7, Holešovice, Přístavní 1273/28 (the “Provider”).
The services provided consist of the operation of a travel agency, of activities of a tourism guide, the organization of guided tours and trips, especially in the Czech Republic, as well as the professional research and processing of archival and genealogical materials (the “Services”). The Services are offered mainly through the website www.czechancestryguide.com (the “Site”). The provision of the Services is governed, among other things, by these Terms and conditions (the “T&Cs”), which form part of a contract for the provision of the Services, if any.
- 2. The Provider offers the following specific Services:
- Preliminary Research, which consists of determining the availability of archival materials related to the specified researched persons in archive funds stored in databases in the Czech Republic (identifying specific registers / registry offices) and evaluating the possibility of further research, in the scope of max. 1 day of work;
- Extensive Ancestry Research, which consists of researching and reviewing documents stored in archive funds of the Czech Republic (National Archives of the Czech Republic, etc.), compilation of the lineage of the family under study, identification of places of residence and other information related to the life of the ancestors under study and their families, in the scope of a maximum of 5 days of work;
- Absentee Video Tour, which consists of the preparation of an approximately 15-minute video clip representing the previously carried out Extensive Ancestry Research of the given ancestor and their family; it contains footage of the places of residence of the family under study and, if applicable and available, an interview with a local chronicler or representative;
- Gift Voucher: this is a voucher for a chosen Service (Preliminary Research, Extensive Research, Absentee Video Tour in the form of a deposit, or a selected Guided Tour in the form of a deposit);
- Guided Tour: this is an organized guided tour as described in the offer with the possibility of adjustments according to the client’s requirements. In case of interest of the Client and prior approval of such extension by the Provider of the Guided Tour, it also includes transport and/or food and drinks during the Guided Tour in the pre-agreed scope.
More information about the Services offered, including the items included in each offered Service, is available on the Site.
- Ordering the Services
- If you are interested in one of the offered Services, you can contact the Provider by sending an email to Dagmar@czechancestryguide.com or directly through the Site and request the preparation of an offer of a particular Service or its adjustment corresponding to your requirements and wishes. However, the Provider is not obliged to comply with such possible requests, which can be decided in full at the sole discretion of the Provider, while the final decision does not have to be justified.
- Some Services may be ordered directly through the form located on the Site, in particular:
ï Preliminary Research; and
ï Gift Voucher.
Please note that sending an order for the above Services via the Site represents a binding request for the Services (i.e. a binding offer to enter into a contract for the provision of the requested Services) at the price stated in the form. If the Provider confirms the acceptance of such request, a valid and binding contract is concluded between the Providerand the sender of the request (the “Client”), which contract includes these T&Cs. Together with the confirmation of the Client’s request, the Provider issues an invoice for the price of the Service specified in the form and sends an email with a link for making the payment of the relevant amount through the PayPal payment service.
- In the case of other Services, it is necessary to first send a non-binding inquiry via the form located on the Site. After evaluating the inquiry, the Provider shall assess whether it has sufficient information to provide the requested Service and to prepare a quote, or to request any further necessary information from the Client. After mutual clarification and confirmation of the requested Service in question and its price, the Provider sends a confirmation to the Client and at the same time issues the Client with an invoice.
- When communicating with the Provider in case of interest in ordering any of the Services, the Client must provide accurate, up-to-date and complete information and provide any further information at the Provider’s request so that the Provider can successfully provide the requested Service. Providing inaccurate, outdated, or incomplete information may result in limited outcomes and results of the Services performed (for example, a lower amount of relevant information being discovered).
- A registration on the Site is not necessary for searching for or ordering the Services.
- Price for the Services and its payment
- The price for Preliminary Research and Gift Vouchers is stated in the binding order form on the Site. The price for other Services (including, if applicable, the determination of the price for individual ordered items to be included in the Service) will be agreed via email communication between the Provider and the Client. Such price always includes taxes, the payment of which may be required by Czech law in connection with the provision of the Service.
- The price for the Service shall be agreed in Czech crowns. In addition to the binding price in CZK, an indicative conversion into another currency (in particular US dollars) may also be displayed, however, the price stated in CZK shall be decisive and valid.
- Once a contract is concluded between the Provider and the Client (i.e. either by submitting a binding form in the case of Preliminary Research and Gift Voucher, or by dispatching a confirmation to the Client in the case of other Services), the price is fixed. Please note that such price does not change in any way after the conclusion of the contract because of any subsequent changes in the exchange rate between the Czech crown and the US dollar.
- The price can be paid by a payment card via the payment gateway available on the Site. The Provider does not save or otherwise process data on payment cards used to pay the price of the Services. The payment processing services via a payment gateway are subject to and governed by the terms and conditions of third parties – processors of such payments.
- Please note that the Client’s bank or the issuer of their payment card used to pay the price of the Services may charge various commissions and fees according to their standard rates. Such potential amounts shall be borne entirely by the Client and their payment does not affect the payment of the price for the Services to the Provider (i.e., it does not count towards the agreed price).
- The Client shall pay the price of the ordered Services (with the exception of Guided Tours) in advance, i.e., before the provision of the Service by the Provider, no later than 14 days after receiving the invoice for the ordered Services from the Provider. In the case of Guided Tours, the Client shall pay one half the price within 14 days of receiving the invoice for the ordered Guided Tour, while the second half of the price shall subsequently be paid at the beginning of the tour in cash in Czech crowns. In the event of non-payment of the price (or its relevant part) within the specified time, the Contract between the Provider and the Client shall be terminated and the Service will not be provided. Any sums already paid by the Client shall be forfeited to the Provided as compensation for the preparation of the Guided Tour, including the related expenses incurred.
- The Provider draws attention to the fact that in connection with participation in the Guided Tour, the Client and/or other participants may incur costs, in particular for plane tickets, car rental or other transport to and within the Czech Republic, visa fees, vaccinations, etc. Any such expenses shall be fully borne by the Client or other participants of the Guided Tour, not by the Provider. The preceding sentence shall apply also if the Guided Tour is cancelled for any reason in accordance with Article 5 below.
- Manner and term of provision of the Services
- The manner and term of provision of the Services varies depending on the specific Service ordered:
- In the case of Preliminary Research, the result shall be provided within 30 days in the form of a copy of the archival record with translation into English.
- In the case of Extensive Ancestry Research, the result shall be provided within 30 days in the form of copies of archival documents, including references to records in archival funds, with their translation into English.
- In the case of the Absentee Video Tour, the result shall be provided within 60 days in the form of a 15-minute video recording in English.
- Gift Vouchers shall be redeemed either via an email sent to Dagmar@czechancestryguide.com or directly on the Site (depending on the type of voucher), and the result shall be provided in accordance with the terms and time periods specified for the given Service for which the voucher is used. Vouchers may be redeemed within six months from the payment of the price.
- In the case of Guided Tours, the provision of the Service consists in planning, organizing and carrying out a guided tour in the form and scope and on the date agreed in advance between the Client and the Provider.
The above time periods for provision of the result shall in each case commence on the day on which the Provider received the payment of the price for the Service in full, or of a deposit of 50% of the price in the case of Guided Tours.
- The Client acknowledges that if any food or drinks are consumed during a Guided Tour in establishments operated by third parties, the final choice of specific food or drink shall be made entirely by the Client and other participants of the Guided Tour. Therefore, the Provider is not liable in case of dissatisfaction of the Client or other participants of the Guided Tour with the ordered food or drinks, or in case of indigestion or similar problems.
- If the Guided Tour is focused on gastronomy (e.g. the Tasting Prague Food Tour), the food and drinks included in the price for such Guided Tour will be purchased by the Provider from third parties during the tour. The Provider shall make every possible effort to select only proven catering and similar establishments, but shall not be liable in the event of dissatisfaction of the Client or other participants of the Guided Tour with the food or drinks provided. The Client and other participants always have every right not to consume the food or drinks provided for any reason. In such cases, however, the Provider shall not be obliged to provide the Client or other participants of the Guided Tour with a replacement meal or drink, nor a discount on the agreed price for the Service.
- The Provider recommends caution when purchasing goods or ordering services during Guided Tours. The Provider shall in no way be liable for any harm or damages incurred by the Client or other participants of the Guided Tour in connection with such purchase of goods or services, nor does it make any representations regarding their quality.
- The Client acknowledges that the Provider may, in justified cases (e.g. illness), provide the Service (in part or in whole) also through third parties. In the case of Guided Tours, the Client shall be notified without delay if a guide is to be replaced. However, such a change does not entitle the Client to cancel an already concluded contract.
- The Client acknowledges that the Guided Tour, like any trip or tourism activity, involves an element of risk. Depending on the specific preferences and requirements of the Client, the Guided Tour may be adventurous in nature. Clients are obliged to sufficiently inform themselves about the destinations, locations and activities included in the Guided Tour itinerary and the associated risks and, where applicable, the level of skill or fitness required to complete the Guided Tour (and share this information with other participants). In this regard, the Provider is prepared to provide the Client with reasonable cooperation. At the same time, the Provider strongly recommends that the Client and other participants of the Guided Tour take out adequate travel insurance in connection with their participation with sufficiently wide insurance cover and amounts.
- The Client and other participants of the Guided Tour undertake to follow the reasonable instructions of the Provider during the Guided Tour.
- Unless the Client notifies the Provider otherwise, the Provider plans Guided Tours on the assumption that the Client and all its potential other participants are in good physical shape. The Client acknowledges that if it is not possible to complete the Guided Tour in full due to insufficient fitness or poor health of the Client or its other participants, the Provider shall note be obliged to provide the Client with any discount or substitute performance.
- The Provider does not make any representations regarding the risks associated with any location or activity included in the Guided Tour itinerary and shall not be liable for any harm or damages that may be incurred by the Client or other participants in connection with them. Client acknowledge that they fully bear the risk of any harm or damage related to their participation in the Guided Tour.
- In the event that other persons shall participate in the Guided Tour at the Client’s request, the Client undertakes to provide the Provider with their personal data at least in the following extent: full name, date of birth and residence, before the conclusion of the contract. In case of change of the persons who are to participate in the Guided Tour, the Client shall notify the Provider at least two business days prior to the commencement of the Guided Tour and provide the Provider with the personal data of the new persons who are to participate in the Guided Tour in the extent mentioned above. The Client further undertakes to familiarize these persons with the details of the contract, in particular the nature of the Guided Tour and its itinerary. The Client acknowledges and undertakes to inform the other participants in advance that they will be asked by the Provider to confirm in writing that they have familiarized themselves with these T&Cs and that they undertake to behave in accordance with them (in particular, with Articles 3.7, 4.1 to 4.9, 5.4 and 5.8) prior to the commencement of the Guided Tour. If any of the other participants refuses to sign the confirmation according to the previous sentence, they will not be allowed to participate in the Guided Tour. If any of the other participants is under the age of 18 on the first day of the Guided Tour, the undertaking to behave in accordance with these T&Cs shall be made by their statutory representative (in particular, a parent), or, if the statutory representative of such person does not participate in the Guided Tour, by the Client. In the event that the Guided Tour is attended by the Client’s underage children, the consent on behalf of such children is implied and confirmed by the Client by the conclusion of the contract for the provision of the Service. The statutory representatives of underage children participating in the Guided Tour are fully responsible for the conduct of such persons. If the statutory representatives of such persons do not participate in the Guided Tour, this responsibility and liability lies with the Client.
- Terms of cancellation of the Services
- The Client shall not be entitled to cancel the agreement for the provision of the Services with the exception of Guided Tours.
- A Guided Tour may be cancelled only under the conditions set out below, and only via email.
- The Client shall have the right to cancel an agreement for the provision of a Guided Tour without cause. Depending on the date on which the Provider receives a request to cancel the Guided Tour agreement, the Client shall be entitled to a refund of the following part of the price already paid:
- 60 days or more before the commencement of the Guided Tour (i.e. before the first day of the tour): 100% of the Guided Tour price paid less the actual expenses (in particular admission fees, transport costs, fares, etc.) already incurred in connection with the preparation of the Guided Tour or relating to already ordered performances that cannot be cancelled free of charge;
- 59 to 30 days before the commencement of the Guided Tour (i.e. before the first day of the tour): 80% of the Guided Tour price paid less the actual expenses already incurred in connection with the preparation of the Guided Tour or relating to already ordered performances that cannot be cancelled free of charge;
- less than 30 days before the commencement of the Guided Tour (i.e. before the first day of the tour): 0% of the price paid.
- The Client acknowledges that due to force majeure, or in particular due to ongoing disruptions related to the Covid-19 disease, Guided Tours itineraries may be subject to changes (including the cancellation of the entire Guided Tour or a part thereof) beyond the Provider’s control. If, for these reasons, it becomes evident before the commencement of the Guided Tour that a section of the original itinerary of the Guided Tour will not possible to follow or carry out, the Provider shall offer the Client a corresponding change of the itinerary. In the event of overall unfeasibility of the Guided Tour even after adjusting its itinerary according to the current restrictions, the Client shall have the choice of received either:
- a refund of the price paid by the Client for the Guided Tour less the actual expenses already incurred by the Provider in connection with the preparation of the Guided Tour or relating to already ordered performances which cannot be cancelled free of charge, or
- a credit in the amount specified in the previous bullet point, which may be used to pay for other Services (including another Guided Tour).
- If it becomes evident before the commencement of the Guided Tour that the Provider will not be able to carry out the Guided Tour for reasons on the Provider’s part (e.g., due to an illness of the guide), the Provider shall inform the Client of this without delay. In such cases, the Client shall be entitled to choose from the following options:
- proceeding with the Guided Tour with another guide (the availability of this option is not guaranteed by the Provider and will be communicated by the Provider);
- cancellation of the Guided Tour and the provision of a credit that may be used to pay for other Services (including another Guided Tour) in the amount of the paid price of the Guided Tour less the actual expenses already incurred by the Provider in connection with the preparation of the Guided Tour or relating to already ordered performances that cannot be cancelled free of charge; or
- cancellation of the Guided Tour and the provision of a refund of the paid price of the Guided Tour less a) the actual expenses already incurred by the Provider in connection with the preparation of the Guided Tour or relating to already ordered performances that cannot be cancelled free of charge, and b) CZK 750 for each hour of time spent by the Provider on the preparation and organization of the Guided Tour.
- If a significant disruption of the agreed Guided Tour itinerary occurs only during the tour (i.e., after the commencement of the provision of the Service), the Client shall be entitled only to a reasonable discount on the price of the Service corresponding to the disruption of the agreed itinerary. However, the amount of the discount shall be reduced by the amount of already incurred expenses related to the part of the itinerary thus disrupted.
- In the event of any refund of the price or part thereof to the Client in accordance with this Article, the corresponding amount shall be refunded within 30 days using the PayPal payment method, unless otherwise agreed by the Provider and the Client. The Client acknowledges that in the event of a refund made via the PayPal payment method, the amount received by the Client will be decreased by the applicable fees charged by its provider.
- The Provider shall have the right to terminate the provision of the Service immediately if the Client or any of the other participants of the Guided Tour participating in it on the basis of the Client’s order:
- materially violates any obligation under the agreement (including these T&Cs);
- violates Czech law or other binding regulations (e.g. the entrance/visiting rules of locations included in the Guided Tour, applicable public transportation terms conditions, etc.),
- disregards his or her own the safety or the safety of others,
- behaves in a grossly indecent manner, or
- otherwise interferes with the course of the Guided Tour (including in relation to intoxication with alcohol or other substances).
As an alternative, in the above cases, the Provider may also exclude from further participation in the Service only an individual participant of the Guided Tour (whether the Client or another person participating in the Guided Tour on the basis of the Client’s request) who has committed such an act, and continue to provide the Service only to the remaining participants. In no such case will the Client or other participants of the Guided Tour be compensated for the Service cancelled and (partially) not provided.
- Final provisions
- These T&Cs form an integral part of the agreement between the Provider and the Client for the provision of a specific Service. The version of the T&Cs valid as of the date of conclusion of the agreement shall be decisive for the contract between the Provider and the Client.
- The agreement between the Provider and the Client shall be governed by Czech law.
- The Client and the Provider undertake in good faith to strive for an amicable resolution of any dispute relating to the Services.
- The courts of the Czech Republic shall have exclusive jurisdiction to decide any dispute between the Provider and the Client related to the Services.
- The Client has the right to submit a complaint with the Provider related to the Services within 60 days from the date of its provision (or from the date on which it should have been provided) by e-mail sent to Dagmar@czechancestryguide.com. In the e-mail, the Client shall specify at least their identification data in the following extent: full name, date of birth, specification of the Service subject to the complaint, description of the alleged shortcoming, and the requested method of resolving the complaint. The Provider shall acknowledge receipt of the complaint within 3 business days of its receipt by e-mail sent to the address from which the complaint was sent, and shall inform the Client in the same way about how the complaint was processed no later than 30 days after its receipt, including any justification for a potential rejection of the complaint.
- The Client also has the right to contact the out-of-court dispute resolution authority, the Czech Trade Inspection (www.coi.cz), in connection with any potential complaint related to the Service.
This version of the T&Cs is effective from January 1st 2021.