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Terms and Conditions


Bratislava Fun Assistants tour operator (hereinafter referred to as the "BFA") is a business company providing to its clients products - services on the basis of its web sites (www.BFA.sk) under the conditions specified below (hereinafter referred to as the "Catalogue"). The tour procurement contract (hereinafter referred to as the "Contract") is a standard contract subject especially to the provisions of 741 et seq. of the Act No. 40/1964 of the Law Code (Civil Code) as amended.

1.    The parties to this Contract are:

Bratislava Fun Assistants 
Cernysevskeho 29 
851 01  Bratislava
Slovakia
Company registration No.: OŽP-A/2006/48363-2/CR1, Register Nr. 110-164971
ID No.: 434 175 91 (reference www.zrsr.sk) hereinafter referred to as the " BFA"

and the client, either physical person or a legal person (hereinafter referred to as "Client").
The Contract is executed electronically on the basis of a properly and correctly filled-in order (application) from the Catalogue offer, the payment of the relevant initial fee for the tour and the subsequent electronic acceptance of the order by SK BFA. The Contract is binding for all persons included in the application. The Client guarantees that the contractual obligations of the persons included in the contract, as well as the contractual obligations of the Client itself are met.

DEFINITIONS

1. Group means the organized group of Clients, represented by Leader.
2. Leader (leader of the Group) means a person (natural or legal) making the reservation on behalf of Clients organized into the Group. The Leader is responsible for communication between BFA and the Group members.
3. Activity means a social event arranged by BFA. It doesn’t include the accommodation.
4. Reservation form is the electronic sheet operated on the web page of BFA. Its submission to the BFA means a contractual offer with all legal consequences. In case when Customer or Leader is a legal person, it has to be signed by a person authorised to act at its behalf
5. Service means an accommodation, transportation, Activity or other travel arrangements facilitated by BFA, without specific distinction.
6. Supplier means a person or persons providing the Services or their agents or employees

2. CONCLUSION OF THE CONTRACT

1. This agreement is effective and shall come into force when BFA announces the Client about acceptation of the Reservation form by e-mail, unless specified otherwise or unless different arrangements are agreed upon in a specific case.
2. The confirmation e-mail shall include the detailed information and documentation relevant to the Client’s order, the price calculation and the term in which the payment is due. The Client shall check out all the details of the order as described in the confirmation e-mail. Availability of the Client’s order is not guaranteed until BFA receives the price calculated in the confirmation e-mail.
3. If the price is not paid in the term set fourth in the confirmation e-mail, BFA reserves the right to cancel Client’s travel arrangements and to withdraw from the contract.
4. In the case when BFA is unable to make arrangements as ordered by Client in the Reservation form, it would inform the Client immediately and offer him an alternative arrangements. Whereas the substantial change of the Client’s order would occur and it would also affect the price, the contract is concluded in such a case only upon payment of the price, which means the Client’s consent with the change of the order.
5. Whereas all Services and Activities are provided by BFA´s Suppliers, BFA is not responsible for its actual availability. Only upon receiving the payment from the Client, BFA shall confirm all the relevant bookings with the Suppliers.
6. BFA does however reserve the right to make minor changes of the arrangements set fourth in the Client’s order; provided that this would not affect the price and the quality of the Services and will inform Client as soon as possible of any such changes (this would mean e.g. the change of the Supplier or time schedule).
7. BFA also reserves the right to change or to cancel the Service in a case it should not comply (by the fault of the Supplier) the safety, hygienic or other standards required by Slovak legislature. In such a case Article 2.6. shall apply appropriately and/or BFA shall reimburse the relevant portion of the price to the Client.
8. Upon the acceptance of these terms and conditions the Client is also obligated to follow terms and conditions of BFA´s Suppliers when using the Services or participating on the Activities.

3. SAFETY

1. BFA shall provide the Client by all necessary safety equipment if the usage of such safety equipment is required by Slovak legislature or recommended by Supplier. 
2. The Client hereby confirms that he/she will observe all safety instructions and legal regulations provided by BFA or the Supplier.
3. BFA is not liable for any loss or damage arising from the negligence of the Client, breach of the Article 3.2. or any other misuse of the Service caused by the Client.
4. BFA also reserves the right to cancel the performance of the Service because of substantial breach of the Article 3.2. or exclude any persons from Service in the case they do not observe relevant safety instructions and/or legal regulations without the right for indemnity.

4. LIABILITY

1. Whereas BFA is a brokerage company, it has no liability for any legal and/or factual aspect of the Service ordered by Client, except of that arising from booking and it excludes the liability for any loss or damage, personal injury, harm or death, which results from the Service or which is in connection with the Service, except of that, which may be imposed by law of the Slovak republic.
2. Whereas all Services are provided by BFA´s Suppliers, BFA do not provide the assurance that they are maintained or operated in the manner as presented by the Supplier or in compliance with safety, hygienic or other standards required by Slovak legislature. Therefore BFA excludes any liability for a false representation or breach of implied warranties of any kind and does not accept liability for any loss or harm arising thereof. However, Article 2.8. shall apply in the case when BFA finds out such circumstances.
3. BFA also excludes any liability for an act of omission beyond its control or an influence of force major.
4. The liability of BFA is also included in articles 2.3., 2.5., 3.3., 6.1. and 9.2. of these terms and conditions.

5. INSURANCE

1. BFA does not provide any insurance. Therefore it is the responsibility of the Client to insure him/her self properly in dependence on a sort of planned activities and especially in respect to the ordered Services. BFA reserves the right to cancel this contract or particular Service without refund or the right for an indemnity in case the Client is not insured to cover all risks arising or associated with this contract, Service or Activity in particular (note: some of the Activities are qualified by insurance agencies as risky or highly risky).

6. ACCOMMODATION

1. BFA is not liable for any loss or damage related neither to the accommodation, nor for the availability and conditions of the accommodation itself. The Client agrees to settle with the hotel management any extraordinary expenses arising from specific hotel services or damage (including loss) on the hotel property. It should be required to submit on request of the hotel management a valid credit card with authorization to the payments mentioned above. If the Client does not provide such an authority, BFA reserves the right to cancel the booking and the Client may not be granted permission to use the hotel services.
2. The Client should deposit to the hotel safe/security box all credentials and any other valuable property.
3. The Client is obligated to follow the terms and conditions of the accommodation valid in the particular hotel.

7. PRICE

1. The price submitted to the Client by BFA is fixed.
2. In the case of price changes on the side of Suppliers, the Client shall pay the price valid at the time of reservation.
3. The Client is obliged to pay the deposit as described in the Article 8.

8. DEPOSIT

1. The deposit is non-refundable, with exception set fourth in the Article 15.
2. The Client is obliged to pay the deposit a the minimum amount 150 EUR. If the reservation was made for the Group, the total price means the total price of the Group reservation.
3. Notwithstanding the Article 8.2., the Client is allowed to pay the full amount of the total price instead of making the deposit.
4. The Client shall be provided with the exact information of the total price calculation and the amount of the deposit in the confirmation e-mail. The information shall also contain the due date determined for the payment of the deposit.

9. PAYMENT AND INVOICE

1. BFA accepts payment by VISA, EURO CARD/MASTERCARD, DINERS CLUB and AMERICAN EXPRESS through the CardPay service provided by VÚB Banka a.s. www.vub.sk The payment shall be settled in EURO at the exchange rate valid on the day of transaction.
2. BFA is not responsible for the differences in exchange rates, fees related to the transactions or other expenses related to the monetary transactions unless specified differently.
3. Upon receipt of the deposit and prior to the arrival of the Client, BFA shall send to the Client a voucher containing the information about the travel arrangements that serves also as a confirmation of the Client’s payment.
4. The Client shall pay the difference between the deposit and the total price upon arrival, providing that he hasn’t paid the total price instead of deposit. The payment shall be settled with the authorized person and the Client shall obtain the invoice issued on the total price.

10. AMENDMENTS

1. Amendments can only be made in written form
2. BFA does not charge any fees for changes and amendments of the travel arrangements, unless they are made less than two days before the arrival of the Client.    
3. In the case when changes or amendments are made, the total price shall be modified according to the new travel arrangements.
4. In the case when BFA is unable to change the travel arrangements after Client’s reservation according to the new requirements of the Client and the Client doesn’t accept the original travel arrangements, BFA is entitled to cancel the whole order. When this occurs, Article 11.2. shall apply.

11. CANCELLATION

1. The Client has the right to cancel travel arrangements at any time by a written notice.
2. When cancellation occurs more than 14 days before the arrival of the Client, BFA is entitled to charge cancellation fee in amount equal to the deposit. In case the cancellation occurs less than three days before the arrival of the Client, BFA is entitled to charge cancellation fee in amount equal to the 100% of the total price. This applies equally to the Group cancellations or individual cancellations concerning the Group member.

12. LATE ARRIVALS AND DELAYS

1. BFA reserves the right to cancel Services without refund in case of late arrivals or absence of the Client.

13. AMENDMENTS AND CANCELLATIONS MADE BY SGT

1. If the Client does not pay the deposit for travel arrangements in due date specified in confirmation e-mail or in the case of unavailability of required Service, BFA reserves the right to cancel Client’s bookings.
2. BFA shall not be held responsible for the tour shortcomings which cannot be influenced by BFA, such as the weather, traffic situation, restrictions imposed by the government during the tour and for other force-majeure circumstances. The Client may not raise any claim on the basis of the circumstances which were known to the Client before the tour. BFA shall not be held responsible for an eventual delay of the plane (on technical grounds, because of unfavourable weather conditions, on operational grounds, busy air channels etc.) and the related damages. The Client is not entitled to a compensation for the waiting time at the airport in case of the late/early airplane departure/arrival, or for unused services related to the stay, or for a withdrawal from the tour contract. The planned transportation time may be extended due to unforeseen circumstances, such as the weather conditions, waiting on the border crossings, or the road traffic problems. The Client is not entitled to compensation for the waiting time, or for the unused services related to the tour, or to a withdrawal from the tour contract due to the delay of the mean of travel. The Client shall be held responsible for observation of the transportation terms and conditions of the air carrier to and from destination or during the tour. BFA shall not be held for eventual shortcomings of the air carrier. The Client shall raise its claims at the air carrier in accordance with the relevant transportation conditions or claims proceedings. BFA shall not be held responsible for damages which were not caused by or its service suppliers, but which were caused by the Client, or by a third person not related to the tour provision, or by the event which could not be prevented even with the application of the maximum effort, or for damages caused by unusual or unforeseeable circumstances.. In such a case, BFA shall return all payments made by Client, including the deposit.
3. BFA in addition reserves the right to end or cancel the Service in case the behaviour of the Client or the Group is likely in the opinion of BFA or its Suppliers to cause distress, damage, danger to or to annoy other Clients, employees, property or anyone else. If the Group is prevented from participation on the Service because any person in authority considers any member of the Group appears to be unfit to participate or likely to cause discomfort to or disturb other Clients or anyone else, BFA will not be liable to complete the program arrangements of the Service and will subsequently not be liable for any refund, compensation or any other costs incurred by the Group members. BFA cannot accept liability for the behavior of the Clients or the third persons in the accommodation facilities and/or taking part in any Activity and/or Service and/or if any facilities or services are removed as a result of their action. Such cases remain completely at the civil or criminal responsibility of the persons involved.
4. BFA shall cancel the travel arrangements of the Client without refund in case the Client fail to provide the proper insurance in dependence on sort of planned activities.
5. BFA shall also amend or cancel Client’s travel arrangements in case the Client’s health conditions may affect his/her or others well-being negatively or SGT considers any of the Services too dangerous or inappropriate. In that case, the provisions of Article 10.4. and 11.2. shall apply appropriately.
6. The right of BFA to amend, change or cancel the travel arrangements of the Client is also included in Articles 2.7., 2.8., 3.4., 5.1., 6.1., and 10.5. of these terms and conditions.

14. GENERAL OBLIGATIONS OF THE PARTIES

1. The Client is obliged to pay the price as agreed, to follow the instructions of its guide or instructor, to indemnify all induced damages and to arrive in time to the specified place for starting the ordered holiday properly.
2. BFA is obliged to facilitate the Services as agreed, in defined and agreed standards. BFA is also obliged to provide Client with all necessary documentation and information for the respective travel arrangements.

15. CLAIMS AND COMPLAINTS

1.      Client is supposed to solve the claims and complains in respect to the specific Services with the relevant Supplier. In case the Client is unable to do so from the reasons of objective nature, the claims and complains should be submitted to the Supplier by means of BFA, either using the phone number or in writing to the e-mail address bfa@bfa.sk This email address is being protected from spam bots, you need Javascript enabled to view it or to the mail address of BFA. The claims and complains shall indicate all the relevant information. 12.2.      BFA shall inform the Client about its claim resolution not later then 30 days from the submission of the claim to BFA.

16.    PRIVACY POLICY

1. The Clients are aware of the fact that BFA shall save the basic personal data about the Client in its database and may use them for marketing purposes. BFA shall save these data in accordance with the Personal Data Protection Act (the Act No. 428/2002 of the Legal Code, as Amended) and agrees not to provide these data to any third party except in cases specified by the law. The Client is entitled to request from BFA information on the personal data saved by BFA.