General terms and conditons
- The Provider of the website www.guidilo.com is the company Guidilo s.r.o., based in Rybná 716/24, Staré Město, 110 00 Prague 1, registered in the commercial register kept by the municipal court in Prague, section C, inset 219127, IČ: 02408473 (hereinafter referred to as "The Provider").
- The Provider in accordance with the provisions of Act No. 89/2012. Coll., the civil code, in wording of later regulations issued the following:
General terms and conditions
I. General conditions
- The Provider of the website www.guidilo.com enables the Traveller to obtain an electronic voucher for the experience (service) for a set price. The Provider of the website provides only implementation of the experience. The Provider of an experience is a person different from the Provider of the website and is exactly identified (hereinafter referred to as "The Local "). The Local can be both either physical or legal person. In the event that The Local is a legal person, description of the experience shall include even the name of a specific person responsible for granting the experience.
- Traveller is a person or group of travellers who decided to accept the offer service of the Local -providing the experience described on the website www.guidilo.com
- The Traveller accepts these terms and conditions published on the website www.guidilo.com by filling in and sending the reservation form. These business terms and conditions precisely define rights and obligations of the Provider, the Traveller and the Local.
- By the experience it is meant a precisely defined service, which is published on the website www.guidilo.com including the price for its use. Experience is provided as personal-only for Travellers who mutualy know each other so that the selected experience can be experienced in the group of mutualy known Travellers. The maximum number of Travellers is set for each experience. There is no minimum number of Travellers set. The price of experience is always stipulated in the description of the experience specifying whether it is dependent on the number of Travellers.
II. Relationship between the Provider and the Traveller
- The content of the relationship between the Provider and the Traveller is the Provider's obligation to arrange for the Travellers the experience offered by the Local as described on the website offer. It is the Traveller's obligation to pay for the experience voucher for an agreed price under the conditions set out below.
III. Ordering voucher for the experience
- The electronic reservation becomes valid only after filling in all the data in the form and acceptance of these terms and conditions. The Traveller notes that in cases of some of the experiences it is necessary to provide information which may have the character of personal data. In some cases, the Traveller is obliged to observe the safety and other regulations when participating on the experience.
- The Experience can be reserved no later than 14 days before beginning of the experience. In case of the reservation made later than 14 days before the beginning of the experience, the Traveller agrees with the Local to start arranging the special service launched before the expiry of the deadline for withdrawal from the agreement.
- By sending the reservation to the Provider, the reservation becomes binding. The reservation is a proposal of the agreement for providing of the experience by the Local, and its signing is arranged by the Provider. The conclusion of the agreement occurs after sending the reservation and paying for the experience by the Traveller in accordance with article IV of these terms and conditions at the time of the voucher delivery – confirmation of receiving the reservation and payment on a particular experience. The confirmation of the reservation and the payment is also sent to the Local by the Provider.
- In case if there are stated restrictions for participation on the experience (e.g. age, health) in the description of the experience, the Traveller accepts them and is obligated to observe these restrictions.
IV. Price and payment
- The price of offered experience is always listed on the website www.guidilo.com. The price indicated on the website is including value added tax and any other taxes and fees. In case of additional costs for the experience, at least approximate calculation is mentioned.
- The payment can only be made electronically by credit card or through other systems expressly mentioned on the website or bank transfer according to instructions on the website. Cash payment is not possible. The Traveller is obliged to pay the price of the experience immediately after making the reservation. In the event that payment is not made in accordance with the instructions on the website www.guidilo.com, the reservation will be cancelled.
- After payment for the experience is made by the Traveller, the Traveller and the Local will receive the voucher within 2 working days along with confirmation of the acceptance of the reservation and payment.
- The Traveller can not receive the voucher – confirmation of the acceptance of reservation and payment unless the payment is made.
V. Delivery and use of voucher – confirmation of the acceptance of the reservation and payment
- By delivery of the voucher including the confirmation of the reservation and payment it is meant receiving of an e-mail message referring to the email address provided by the Traveller. Each voucher contains the name of the reserved experience, date and time of its launch, the name of the Local, contact for claim purposes and payment confirmation.
- Within 2 working days after confirmation of the reservation the Local contacts the Traveller by method mentioned in the reservation of the experience in order to negotiate the precise conditions for implementation of the experience (confirmation of meeting places, any change in the weather, etc.)
- The Provider neither the Local is not responsible for loss, theft, damage or destruction of the voucher or for its unauthorized use by a third party.
VI. Conditions for cancellation of reservation by the Traveller
- The Traveller is obliged to make the cancellation of the reservation via email to the address email@example.com. The Traveller will receive an email confirmation of the cancellation not later than within1 working day after sending a cancellation email. If there is no confirmation email received within the prescribed period the Traveller shall immediately contact the Provider via the contact form at www.guidilo.com, alternatively at firstname.lastname@example.org or at email@example.com
- In an e-mail message regarding the cancellation of the reservation the Traveller shall mention in particular his contact information, description of the experience and the reasons for the cancellation of the reservation.
- The Traveller has the right to withdraw from the agreement within 14 days from the date of conclusion of the agreement. In case of withdrawal from the agreement he shall be entitled to the return of the price paid for the experience with exceptions further mentioned.
- If the reservation is cancelled by the Traveller 48 and less hours before the booked start time of the experience, the Traveller is obliged to pay the whole price for the experience. The Traveller is not entitled to the return of the price paid for the experience.
- If the reservation is cancelled by the Traveller within 7 days and 48 hours before the agreed start time of the reserved experience, the Traveller shall pay 50% of the price of experience. The Traveller is entitled to reimbursement of 50% of the price paid for the experience.
- If the reservation is cancelled within more than 7 days before the agreed start time of the reserved experience, the Traveller is entitled to a full refund of the price paid for the experience.
- In the event that the cancellation of the reservation is made by the Local within the time limit referred above, the Traveller is entitled to a full refund of the price paid for the experience.
- In the event that the implementation of the experience depends on the weather conditions, which are not fulfilled or when weather conditions prevent the realization of the originally scheduled date, the Local may propose replacement term for implementation of the experience. In the event that this is not possible or the replacement term is not satisfactory for the Traveller, the Traveller is entitled to a full refund of the price paid for the experience.
- All amounts mentioned in this article shall be returned to the Traveller, after deduction of the costs of the Provider for charges associated with the payment method used. These deducted costs may represent up to 4% at maximum of the total amount paid by the Traveller. The fees are not charged in the event that a failure to implement the experience occurs on the part of the Local, or from the grounds set out in article VI. 8. The Provider undertakes to return to the Traveller the price after deduction of the costs in accordance with this article, so that within 2 working days from the date of delivery of the notice of cancellation of the experience or from the confirmation of cancellation, the amount shall be deducted from the account of the Provider. All payments will be sent to the Traveller's account specified in the reservation form.
VII. Cancellation of the experience by the Local
- In case that the Local is not able to provide an experience already booked and paid for by the Traveller, the Local is obliged to immediately report the fact to the Provider, including any proposal for the replacement term of implementation of the experience.
- In this case, the Provider shall inform the Traveller about the cancellation of the experience and tries to suggest other replacement term eventually a different experience. If such a replacement is not possible, the Provider returns to the Traveller the price for the experience, so that within 2 working days from the date of notification of the cancellation of the experience it is deducted from the account of the Provider. All payments will be sent to the Traveller's account specified in the reservation form.
VIII. Responsibility of the Provider and the Local
- Considering the fact that the agreement for the provision of services (the experience) is closed directly between the Traveller and the Local, it is the responsibility of the Local to provide a proper and timely implementation of the experience.
- The Traveller may claim a complaint of the experience implementation within 24 hours after the end of implementation of the experience directly to the Local. Contact details for applying the complaint are stated in the voucher for the experience. The Traveller shall also send a copy of the complaint to the Provider.
- In case that the experience is not implemented, without informing the Traveller in advance, the Traveller shall notify the Provider about this fact immediately and the Traveller shall be entitled to a full refund of the price paid for the experience. Article VII, paragraph 2 of these terms and conditions in this case, shall apply analogously. The Traveller is obliged to notify the Provider about cancellation of the experience no later than 24 hours from the scheduled time of experience. After this time the service of providing the experience will be considered as already implemented.
- The Provider has no responsibility for implementation of the experience as the Provider is only providing information about the experiences on their website.
- The Provider shall also not be responsible for any damages incurred in connection with the implementation of the experience.
IX. The relationship between the Provider and the Local
- The content of this relationship is the adjustment of mutual rights and obligations when offering experiences (services) of the Local by the Provider.
- The Provider will offer and promote experiences (services) provided by the Local in the context of its business activities and also mediate the implementation of these experiences. The Provider will take over the payment for implementation of the experience under the conditions on behalf of the Local.
- The Local, i.e. the provider of the experience may be only the person holding all the permissions and authorizations, representing offered experience. All the services mediators are excluded from the option to register for representing the Local.
- The Local fills in all the parts on registration form on the website www.guidilo.com of the Provider. The Local fills in all the information concerning his profile and basic information about the offered experience, in particular his personal data, identification number, the account number for payment of the earnings, the name and description of the experience, the maximum number of people, time, length, and frequency, eventually if there are any restrictions or conditions on participating in the experience and the required price of the experience.
- Within 48 hours after registration, the Provider shall contact the Local for the purpose of a personal interview and a personal verification of the experience.
- The Provider has the right to refuse for any reason, the registration or publication of the Local's experience on their website. The Local by acceptance of these terms and conditions notes that he/she can't publish any experiences that would contain the illegal implementation or implementation, which would be considered contradictory with good manners.
- The Local will receive an email notification about acceptance of the registration from the Provider within 1 working day after the approval of the Local's registration and the Local's experience. The Provider will publish the experience of the Local on their website. The Local doesn't pay for the registration and publication of his/hers experience.
- Within the framework of verification of the experience the Provider representative together with the Local shall negotiate the form of presentation of the experience for the possible use of materials supplied by the Local. The Local is obliged to have permits to use such materials, especially with regard to copyrights or the protection of the personality of the individuals displayed on promotional materials. Based on the above mentioned verification of the materials, the Provider gives an approval to publish the offered materials, used on the experience, for promotional use on their website. The Local is obliged to pay any penalty or compensation or other financial damage, which would have to be paid by the Provider due to violation of rights of third persons caused by the publication of materials supplied by the Local.
- The Provider has the right to cancel the registration of the Local and refuse another publication of the offered experiences after two complaints received by the Traveller on the Local or on the method of his/hers implementation of the experience. The Provider also has the right to cancel the registration of the Local if the Local fails to appear for any reason to implement the experience two times.
- By registration into the Provider's s system the Local expressly agrees with the content of these terms and conditions and an Ethical code annexed to these terms and conditions, and undertakes to follow them. At the same time the Local notes that the failure to comply with this code has resulted in the cancellation of the registration and publication of the experiences offered by the Provider. The local also undertakes not to offer the same experience by other means (e.g., other Internet portals) under more favourable conditions than it offers on www.guidilo.com. Violation of this commitment is the reason for cancelling profile of the Local and his experiences by the Provider.
X. Closing agreement with the Traveller
By registration of the experience into the system of the Provider, the Local also authorizes the Provider on his/her behalf to accept the proposals of the Travellers on closing the agreements for implementation of the experience in the form of mandatory reservation and on the behalf of the Local receive the payment for the experience from the Travellers.
XI. Conditions for implementation of the experience
- Within 1 working day after receiving payment, the Provider shall send to the Local the confirmation of booking and payment of the specific experience, including the start date and time, number of persons and the Traveller's contact.
- Within 2 working days after the receipt of the report concerning the booking confirmation the Local shall contact the Traveller in a way that the Traveller stated in reservation of the experience to negotiate the precise conditions of experience (confirmation of meeting places, any change in the weather, etc.).
XII. Provider's reward and its payment, sanction for non-fulfilment
- The Provider's reward for mediation of the agreement closed with the Traveller shall be 20% of the price paid for the experience.
- In case of cancellation of the experience by the Traveller referred to in article VI. Paragraph 4 of these terms and conditions, the Local shall be entitled to compensation amounting to 80% of the amount paid by the Traveller and the Provider is entitled to compensation in the amount of 20% of the amount paid by the Traveller.
- In case of cancellation of the experience by the Traveller referred to in article VI. Paragraph 5 of these terms and conditions the Local shall be entitled to compensation amounting to 20% of the amount paid by the Traveller and the Provider is entitled for compensation in the amount of 30% of the amount paid by the Traveller.
- By registration on the website of the Provider, the Local authorizes the Provider to issue the tax document to the Traveller on behalf of the Local with the amount for the experience received by the Provider. The Provider shall pay to the Local the price for experience within 15 working days from implementation of the experience after a deduction according to this article. From the amount of the total price for the experience the Provider's reward shall be deducted for mediation according to the article. XII. Paragraph 1 of these terms and conditions. However, the Local is not entitled to payment of the price for already implemented experience before an execution of any possible complaint given by the Traveller.
- In the cases referred to in an article XII. Paragraphs 2 and 3 the refund shall be paid to the Local within 15 working days from the termination of a relationship with the Traveller. The Local and the Provider have agreed that the Provider is the only person who decides about handling of any possible complaints. The Provider may decide to give a refund to the Traveller in special cases, even if he is not obliged to do so in accordance with these terms and conditions. The Local undertakes to accept such a decision of the Provider. In this case, the Local does not have the entitlement to any compensation.
- Invoices issued by parties must contain all the conditions laid down in the applicable legislation. In the event that the Local is VAT payer, it is his obligation to mention the only account that is published by a tax administrator. The Invoices shall be payable within 15 days since their delivery to the other party.
- The Local is responsible for the proper provision of the Traveller's experience. In the event that the Local shall not provide the experience in time, scope and quality of the offer presented on the website of the Provider, the Local is obliged to pay to the Provider the contractual penalty in the amount of 100% of the price for the experience. The Provider is also authorised on behalf of the Local to return to the Traveller the price paid for the experience or its part in accordance with these terms and conditions. By paying of the contractual penalty, the right of the Provider for refund of damages is not offended. The Local is in addition to a contractual penalty at the same time obliged to the Provider to compensate the costs associated with the receiving and returning of the payment to the Travellers.
- The Provider shall collect and keep personal information of the Traveller and the Local, which is mentioned in the registration form by a physical person, in particular for the purpose of conclusion of the agreement between them and the implementation of this agreement. The Provider shall process the personal data of the Traveller and the Local in accordance with Act No. 101/2000 Coll., about protection of personal data and about change of certain laws, in the wording of later regulations, and the obtained personal information shall be treated as confidential.
- The Traveller and the Local by their acceptance of these terms and conditions give a consent to the Provider for processing of their personal data (hereinafter referred to as "data") for the purposes of marketing, tenders, information materials and offering the business and services provided or mediated by the Provider and sending of business communications according to the Act No. 480/2004 Coll., on certain services to information society, and this for a period of 10 years/to the appeal of consent. According to this article, the consent of the Traveller and Local may be appealed at any time. In the event that the Traveller or the Local provides the Provider, in accordance with these terms, with the personal information of the participants of services, or persons authorised to accept individual service, the Traveller and the Local explicitly declare that they have the prior consent of such persons to provide their personal data.
- By acceptance of these terms The Local and the Traveller confirm that they were informed about the processing and protection of personal data and on amendments to certain laws, in the wording of later regulations in accordance with Act No. 101/2000 Coll.
XIV. Final provisions
- These terms and conditions are an integral part of the agreement concluded between the Traveller, the Local and the Provider.
- The Traveller and the Local may perform any changes to the contact information by changing their registration on the website of the Provider. The Provider is not responsible for the consequences of non-delivery of messages in case that the Traveller or the Local did not update their contact information.
- The legal relations between the Provider, the Local and the Traveller in case of unclear matters are conformed by the legislation of the Czech Republic.
- Any disputes arising from an obligation between the Provider, The Local and the Traveller or in connection with it, shall be dealt with at objectively and locally competent court.
- These terms and conditions shall take effect on February 1 of the year 2014.