TERMS AND CONDITIONS

1. INTRODUCTORY PROVISIONS
These General Terms and Conditions form an inseparable part of the sealed contract on the procuration of the tour, signed between the Tour Operator ASK Tour ltd. (further referred to as the TO) and the purchaser, and they refer to the procuration of the tours organized by the Tour operator, which are offered in a catalogue, at web site or in the form of individual lists of offers. They also refer to other purchased services complementing the tour, unless an individual contract on these services has been signed.
2. Tour operator reserves the right to inform the purchaser during the signing of the contract on the procuration of the tour of any changes or modifications to the offers in the catalogue, at web site or in individual lists of offers. In case the details provided in the catalogue, at web site or in individual lists of offers are different from the contract on the procuration of the tour, the details provided in the contract on the procuration of the tour should be deemed binding.
3. The tours can be ordered and purchased at the selling place of the Tour operator, via web site www.cyclingslovakia.com or at all its contractual, law given distributors (Agents). In case of purchasing the tour at the contractual, law given distributor, in immediate cases, ASK Tour, ltd. has the right to deal directly with the client.

II. THE ORIGIN OF THE CONTRACTUAL AGREEMENT 
1. Parties of the contractual agreement are:
a) ASK Tour, ltd. based in Žabokreky 365, 038 40 Žabokreky, Slovak Republic, which enters the contractual agreement through its own selling place or through external authorized distributors, and
b) The purchaser (client), who can be a physical or corporate body competent to legal operations
2. The contract between the Tour operator and the purchaser becomes valid upon the sealing of the contract on the procuration of the tour (further referred to as a contract) in which the Tour operator binds itself to provide the purchaser with the tour, and the purchaser binds himself to pay the agreed price. The client, by signing the application, or order respectively, takes into account the General Terms and Conditions and accepts them without objections and in full.
3. The contract must be made in written form and must be signed by both sides of the contract. In case the contract has been signed in less than 21 days prior to the beginning of the tour, the contract can be sealed by confirmation of the order sent by fax, or by internet.

III. PAYMENTS
1. ASK Tour, ltd. has the right to receiving the payment of the price prior the commencement of the tour, and the purchaser is obliged to pay the price of the tour before the provision of such tour by the Tour operator
2. ASK Tour, ltd. has the right to require deposit of 50% of the price of the tour, and of the services complementing the tour at the time of signing of the contract. The final payment is due 30 days before the commencement of the tour, unless stated otherwise in the contract.
3. In case of singing the contract in a period shorter than 30 days prior to the commencement of the tour, the purchaser is obliged to pay 100% of the price of the tour, and of the services complementing the tour respectively.
4. As the day of the payment is considered the day when the price of the agreed service has been credited into the account of ASK Tour, ltd.. Without the full payment, the client can not receive all documents and details, which are necessary for the participation on the tour, and ASK Tour, ltd. reserves the right to cancel the tour.
5. In case the draft of contract agreed by the client is delivered to ASK Tour, ltd. after the agreed date, or in case of the contract being filled in by the client only partially or in conflict with these General Terms and Conditions, the ASK Tour, ltd. has the right to sell the tour to another client.

IV. PAYMENT CONDITIONS AND THE PRICES OF THE TOURS

1. The prices of the tours organized by the ASK Tour, ltd. are the prices agreed between the TO and the purchaser. The binding price is stated in the contract on the procuration of the tour.
2. The TO has the unilateral right to raise the price in a period not less than twenty-one days prior to the commencement of the tour in the event of:
a) increasing of the transportation costs, including the costs of petrol
b) increasing of the payments connected with the transport, such as the airport and port fees, road-traffic taxes and fees, or in the event of introducing of such fees
c) exchange rate fluctuations of the Slovak crown as a currency used for the calculation of the price of tour by more than 5 per cent, provided such increase will occur more than 21 days prior to the commencement of the tour
3. In case of the above mentioned changes occurring in a period of more than 21 day prior to the commencement of the tour, the TO has the right to increase the price unilaterally by the amount of which the price has been raised upon the clause 2, letter a) and b) as compared with the price of services and payments included in the price of the tour. In the event of the change in the exchange rate of Slovak crown as a currency used for the calculation of the price of tour by more than 5 per cent on average, the TO has the right to increase the price unilaterally by the amount corresponding to the percentual change of the exchange rate.
4. The TO will send the notification of the raise of price no less than 21 days prior to the commencement of the tour; otherwise the right of the TO to receive the payment of the difference of the price of tour will be forfeited.
5. In case of the TO being forced to change the price of tour for reasons other than those listed in part 2, it may suggest the purchaser the change of the contract, based on the conditions listed in Article VII, letter g) of these General Terms and Conditions.

V. RIGHTS AND OBLIGATIONS OF THE PURCHASER

1. Among the basic rights of the purchaser are:
a) the right to obtain properly the contracted and paid services
b) the right to request from the TO all the information about the significant facts, which concern contractually agreed and paid services
c) the right to be notified about potential changes in the contractual agreement
d) the right to reclaim the deficiencies and their proper treatment in compliance with Article IX. of these General Terms and Conditions
e) the right to notify the TO in written form prior to the commencement of tour that a different person, listed in the notification, will participate in the tour. This right can only be claimed in the period of more than 21 days prior to the commencement of tour, after this period the right is forfeited. The notification must also include the proclamation of the new participant that they agree with the sealed contractual agreement and that they fulfill all the requirement of the participation in the tour. The person, listed in the notification, becomes the purchaser of the tour on the day of delivery of the notification to the TO. The original purchaser and the new purchaser are jointly and severely responsible for payment of the price of tour and of all costs incurred to the TO in connection with the change of the purchaser. The above mentioned refers solely to the cases when the TO is able to arrange such changes, if it be to the contrary, the purchaser will be notified of the impossibility of change of purchaser
f) the right to cancel the participation in the tour by withdrawing from the contract at any time prior to the commencement of the tour, upon the conditions listed in Article VIII of these General Terms and Conditions                                         
2. Among the basic obligations of the purchaser are:
a) to provide the TO coordination required to proper procuration and provision of the services, namely by providing true and complete details for the contract on procuration of the tour, including any changes or alterations of such details, and by providing further documents required by the TO.
b) to guarantee guiding and supervision by an adult to a person up to 15 years of age, and similarly to guarantee guiding and supervision to people whose health state requires such guiding. In case of the people of the age 15 to 18, unless they travel with the adults, the assent of the legitimate representative is required
c) to inform the TO of the participation of foreign nationals
d) to pay the price of the tour in accordance with Article III of these General Terms and Conditions                                         
e) to inform the TO without any hesitation and not later than in given deadline about possible changes in the conditions and contents of the services provided by the TO
f) to take into possession all the necessary documents for the tour and to bring them on the tour     
g) to posses a valid passport, or visa and certificate of vaccination (if required), and a Travel Insurance. These documents must be obtained by the purchaser, unless such a service is offered and provided by the TO
h) to follow all visa and customs rules by the countries of destination. All costs occurred by not following such rules will be bear by the purchaser
i) to follow the instructions of the tour guide, delegate or other person designated by the TO, and to follow the itinerary
j) to refrain from the activities which harm or limit other participants of the tour, and in case of causing any damage, to compensate the damage in full
k) to act in such a way that no damage to health or property is caused to other participants, suppliers of the services, or the TO
l) to take notice of early and proper settlement of all claims towards the suppliers of the services in accordance with Article III of these General Terms and Conditions
3. Other obligations of the purchasers – corporate bodies, who are the party of the contractual agreement, are:
a) to inform their participants on these contractual agreements as well as on other information provided by the TO, in particular to inform them on the extent and the quality of the services
b) to ensure that all participants follow the basic obligations of the purchaser
c) to appoint a leader of the group, in case the TO does not provide its own tour guide, following the agreed conditions. This appointed leader safeguards proper provision of the services by the suppliers and observes the fulfilling of the services

VI. RIGHTS AND OBLIGATIONS OF THE TO
1. the TO is obliged before the signing of a contract to inform precisely, clearly, truly, comprehensibly, fully and in a proper way about all facts known to the TO, which can have an effect on the purchaser in his decision on the purchasing of the tour
2. to provide the agreed services properly and in a superior quality
3. the TO is not obliged to provide the information ultra vires the confirmed and paid services
4. the TO is obliged to have a signed and valid contract on the insurance of the tour, upon which the purchaser is entitled to claim the indemnity, in case the TO for the reason of bankruptcy:
a) does not provide the purchaser the transportation from the place of destination to Slovak Republic and vice versa, in case such transportation is part of the tour
b) does not return the paid deposit or the full price of the tour in case the tour does not take place
c) does not return the purchaser the balance between the price of the tour and the price of the partially provided tour in case the tour was provided only partially
5. the TO is obliged to provide the purchaser the certificate of the insurance of the TO against the bankruptcy produced by the insurer, together with contract

VII. ALTERATIONS OF THE AGREED SERVICES, CANCELLATION OF THE TOUR
1. Before the commencement of the tour:
a) in case of accidental circumstances, which impede the TO in providing the services according to forwardly set or agreed conditions, the TO has the right to make appropriate changes (such as the changes in the programme, or the route, etc.), or to cancel the services or the tour completely. The TO must announce such changes without delay. If the customer does not withdraw from the contract without delay or in the period, which will be announced at the time of alteration of the agreed prices of services, the changes will be considered as agreed.
b) the TO also reserves the right to cancel some types of the tour, if these are conditioned by the minimal number of participants. In such cases, the TO must include in the contractual agreement such a clause on the period in which it will inform the purchaser in written form about the cancellation of the tour and about the withdrawal from the contract due to failure to comply with the minimum number of participants required. In case of the cancellation of the tour by the TO on account of the reason included in this Article, the TO is obliged to refund the full amount already paid, or offer the client any other tour in preference.
c) the TO reserves the right to cancel the tour in consequence of the events which can not be prevented even with the maximum effort, or in consequence of unusual or unpredictable events.
d) the TO does not consider the following an essential part of the agreement: change of the route, change of the accommodation to higher, or the same standard, change of the time itineraries, change of the place of boarding and exit, change in the time of flight departure of arrival, delays of the plane, cancellation of the bus transport to the airport. The alteration of the date of the tour or stay for less than three days can neither be considered an essential alteration to the programme or route of the tour.
e) the purchaser has the right to withdraw from the contract, and receive the refund of the paid amount, or to transfer of the paid amount to reimbursement of the facultative compensation, without any cancellation fees:
- in the event of cancellation of the services or tour by the TO, or in the event of essential changes made to the programme of the means of transportation
- in the event of increase in price by more than 10 per cent of the agreed price. The TO, while complying with the law, has the right to unilaterally increase the price of the tour, but not later than 20 days prior to the commencement of the tour. This fact must be announced to the customer not later than 21 days prior to the commencement of the tour. If the customer does not withdraw from the contract without delay or in the period, which will be announced at the time of alteration of the agreed prices of services, the changes will be considered as agreed.
f) upon individual wish of the customer the TO is able, in case of availability, to implement the change in name of the participant at the fee of EUR 20
g) the TO reserves the right to alter the information and details listed in the promotionals and in the lists of offers as well as in the price lists, because of the circumstances which can arise in the period between the printing of such lists and the commencement of the tour, and which can impact the conditions of realization of the tour
The TO shall inform the participants about the possible changes in compliance with the Act 282/2001, which governs these questions
2. The TO has the right to implement operative changes of the programme and provided services during the tour in case of necessity, and in the interest of the customers, such changes being enforced by the circumstances which occur during the tour, or in case the TO discovers it impossible to guarantee programme or services, which are included in the contractual agreement. In any case, the TO is obliged to make such provisions, which enable the tour to continue, and such provisions will be guaranteed in the extent and quality similar or nearing the programme and services agreed in the contract, corresponding to specialization and character of the tour. If it is impossible to guarantee continuation of the tour, but by providing the services of lower standard of the services than the standard agreed in the contract, the TO is obliged to refund the full balance between the price of the services agreed and provided.
3. In case of events, whose origin, course and consequences are not dependent on the TO (Acts of God), or the events on the side of the participants which will prevent them from using partly or entirely the services ordered, paid to, and guaranteed by the TO, the purchaser is not liable for any refund or compensation of such services, unless agreed otherwise.
4. In case of interruption of the tour by Acts of God, the TO is obliged to make all provisions to secure the transport of the participants back to the place of arrival of participants in Slovak Republic.
5. The TO has the right to receive the refund of the financial means for all services provided to the participants other than those agreed in the contract, and provided to the participants with their consent during the tour.

VIII. WITHDRAWAL FROM THE CONTRACT AND CHANGES IN RESERVATION
1. The TO can withdraw from the contract prior to the commencement of the tour only by reason of the cancellation of the tour or by reason of breaching of the agreed conditions by the purchaser. The TO will send the registered letter, containing the withdrawal from the contract, together with the reasons, to the address of the purchaser listed in the contractual agreement. The withdrawal from the contract comes into effect on the day of posting.
2. The purchaser has the right to withdraw from the contract at any time prior to the usage of the services:
a) without reason
b) by reason of breaching of the conditions in the contractual agreement by the TO
Statement of the withdrawal from the contract can be supplied either by the form of protocol written at the selling place in which the tour was purchased, or in the form of registered letter, or other provable form of delivery of such statement. The withdrawal from the contract comes into effect on the day of the supplying the protocol, or on the day of delivery the written statement to the selling place, in which the tour was purchased.
3. If the reasons of the withdrawal from the contract by the purchaser are not by reason of breaching of the conditions in the contractual agreement by the TO, or if the TO withdraws from the agreement by reason of breaching the conditions by the purchaser, the purchaser is obliged to pay the fees, which are structured according to the time of the cancellation (withdrawal from the contract), defined by days prior to the commencement of the tour.
4. If the customer withdraws from the contract, the following fees (cancellation fees) apply:
- 46 days and more prior to the commencement of the tour – 20% of the total price of the tour (minimum EUR 35)
- from 45 to 31 days prior to the commencement of the tour – 30% of the total price of the tour
- from 30 to 21 days prior to the commencement of the tour – 40% of the total price of the tour
- from 20 to 15 days prior to the commencement of the tour – 50% of the total price of the tour
- from 14 to 8 days prior to the commencement of the tour – 80% of the total price of the tour
- from 7 to 0 days prior to the commencement of the tour – 100% of the total price of the tour
- in case of failure to come to the agreed place of departure - 100% of the total price of the tour
5. The total agreed price is considered the selling price including all alternative services purchased by the participant
6. When calculating the exact number of days to determine the cancellation fees, the day of the withdrawal coming into effect is regarded as binding. This day is also included in the number of defined days. The day of departure or the commencement of the tour is not included in the number of days.
7. In case of cancellation of one person in a double room, the fellow-participant is obliged to pay the eventual balance of the single room price. The same applies in case of apartments, bungalows, whenever less people are accommodated.
8. The TO has the right to deduct the contractual fee from the deposit paid or from the price of the services already paid. The TO is also obliged to repay the purchaser with the resting balance of the money paid according to the cancelled contract.
9. In case the participant does not arrive at the meeting point or point of departure, or is delayed, or in case of the participant being expelled before the commencement of the tour or during the tour, the right of the participants to receive the price of the tour back is forfeited.
10. The TO reserves the right to expel the participant from the tour without any refund in case of his/her serious breaching of the laws of the Slovak Republic or of the laws of country visited, or in case of serious interfering of the programme or the tour.
11. Change of reservation – booking of the participant will be realized on condition of availability, at flat rate of EUR 20 for each change. The changes concerned are change of the date, name, place, place of departure and arrival, change of services and means of transportation. Changes executed in less than 46 days prior to the commencement of the tour will be considered breaching of the original contract, and considered a new purchase order.

IX. COMPLAINTS AND LIABILITIES
1. In case of the extent or quality of the services being of lower quality than that agreed in the contract, the right of the purchaser to make reclamation incurs. The customer is obliged to claim such right to correct the erroneously provided services without delay, and on the spot, either with the provider of the service or with the delegate of the TO, so that the immediate steps can be taken. The delegate of the TO is obliged to decide immediately on the reclamation within the scope of his/her competence.
2. If the reclamation cannot be resolved, and the correction made immediately, delegate of the TO and the purchaser draw a claim letter, including the specification of the tour, the name of the participant making the complaint, and the subject of complaint. Such letter will be sing up by the delegate of the TO or the provider of the services, and by the participant, who receives one copy on the claim letter. The customer is obliged to submit this copy at time of reclamation. The TO is obliged to reply in writing, in no more than 30 days after receiving the reclamation claim.
3. The customer must claim his/her claims at the TO without delay, and no later than three months after the termination of the tour, or in case the tour was cancelled, three months after the date when the tour was due to terminate according to the contract, otherwise the right to make such claims is forfeited. In case the reclamation claim is not submitted in writing and without delay, the customer puts himself into risk that his claims for all complaints and compensation of all damages incurred later, which would otherwise not occur, if dealt with timely and active approach of the client, that such claims can be limited or forfeited completely. When dealing with the claims in the place of the tour, the TO has the right to settle such claim by providing substituting service, or other corresponding compensation.
4. The TO is liable to the purchaser for all commitments deriving from the contract, without taking into account that these commitments are to be met by the TO or other providers of the service, who are part of the tour. The TO can not be liable for the quality of services and activities provided by other providers, which the purchaser orders at the place of the tour with the representative of the hotel, or with other organization.
5. Such damage and financial losses, which are included in contractual arrangement of insurance coverage, based on the travel insurance, cannot form the subject of the reclamation. Neither the damage nor financial losses, which are eloquently excluded from the insurance coverage, can form the subject of the reclamation.
6. In case of events, whose origin, course and consequences are not dependent on the TO, or the events on the side of the participants which will prevent them from using partly or entirely the services ordered, paid to, and guaranteed by the TO, the purchaser is not liable for any refund or compensation of such services.
7. The TO disclaims any liability resulting from any delay established by the provider of transport, and it also warrant the participants of the possibility of occurrence of such delay by reason of worsening transit and situation at the border crossing, by reason of bad weather, or by reason of technical or operational problems. The TO shall not be liable for any damage resulting from any delay of the transport. In case of such delay, the customer shall not be entitled to the withdrawal from the contract.
8. The TO shall not be held responsible for any damage not caused by TO or the providers of the services, but caused by the third party, not linked in any way with the tour, or by any event, which could not be prevented even with the maximum effort taken, or in consequence of unusual or unpredictable events.

X. TRAVEL INSURANCE
The TO shall not be responsible for the travel insurance of the client, or for the loss of the luggage during the tour. However, the TO strongly recommends its clients to take out the travel insurance prior to the tour.

XI. FINAL PROVISIONS
1. These General Terms and Conditions apply to the participants of the active tourism, and form an inseparable part of the contract on the procuration of the tour with the customer, and they are available at any selling place of the TO. These General Terms and Conditions come into effect on January, 1, 2007.
2. All details and obligations, which form these General Terms and Conditions, correspond to all facts and information known and available at the time or printing. The TO reserves the right to alter and update them.
3. These General Terms and Conditions apply to the participation on all standard abroad tours organized by the ASK Tour, ltd. By signing the Contractual Agreement on procuration of the tour, the client confirms that he/she agrees with these General Terms and Conditions in full, and that he/she also agrees with them in the name of other participants, who entitled him/her to make a reservation.