GENERAL TERMS AND CONDITIONS
Mr. David Merten, ID: 05567009, VAT number: CZ8010191321 with registered seat: Seifertova 2174, 250 82, Úvaly, Natural person registered in the Trade license register kept by Městský úřad v Brandýse nad Labem, registered from 14.11.2016 and Mrs. Lucie Merten ID: 08312397, VAT ID: CZ527107 CZ8325 with registered seat: Seifertova 2174, 250 82, Úvaly, Natural person registered in the Trade license register kept by Městský úřad v Brandýse nad Labem, registered from 3.7.2019 (hereinafter referred to as the “provider”), who provide guide services, act when concluding and fulfilling a contract for the provision of services and a purchase contract as part of their business activity.
These terms and conditions govern the mutual rights and obligations of the provider and the customer, or the third party to whom the services are provided or for whose benefit they are ordered (hereinafter referred to as the “client”).
The services are offered through the provider’s website, which is operated at the internet address www.night-watchman.net. These terms and conditions form an integral part of the contract concluded between the customer and the provider.
All contractual relations between the provider and the customer, or the client, are governed by generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) and these terms and conditions. If a contracting party is consumer, contractual relations are also governed by Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as “OchrSpotř”).
Booking a tour and concluding a contract,
The provider’s website contains an overview of the tours offered by the provider, including prices. The prices of the tours are listed including value added tax. The offer of services, including their prices, is valid for the period of publication on the provider’s website. This offer by the provider is non-binding and the provider is not obliged to conclude a contract for the provision of services regarding the tours offered.
The provider offers private and open tours. Private tours are prepared for a specific group of clients and other people will not participate in this tour. Open tours are intended for all interested parties.
The order and reservation of private and open tours can be made on the website by filling out the reservation form, by phone or by email at the email address info@night-watchman.net. The reservation or order is binding with a written confirmation of the order sent to the specified email of the client.
Services are provided to the client on the basis of a contract that is concluded in relation to a specific inspection: (i) in writing, while email is also considered a written form; or (ii) in the case of an online reservation, i.e. by sending the completed reservation form available on the website after clicking the “Confirm” button, at the time of receiving the order confirmation, through which the client will be informed about the date, place and time of the inspection, as well as other useful information to participate in the tour.
With the contract for the provision of services, the provider undertakes to provide the client with a thematic tour of Prague, which lasts approximately 1.5 hours. The time of the tour can be adapted to the size and speed of the group.
Clients are obliged to respect the provider’s intellectual property rights.
Clients are entitled to take photos and records of the tour, but must take into account the rights of other participants in the tour.
Conditions for participation in tours
There is no minimum number of participants for private tours. However, a minimum rate is set for them, which is calculated for 10 people. Each additional person pays a reduced price.
Open tours are offered at pre-arranged times. The minimum number of people for an open tour is 2 people. Open tours must be booked through the website or by phone or email. In the event that fewer than two people participate in the tour, the provider reserves the right to cancel the tour, in which case clients will be offered an alternative tour date or refunded if the tickets have already been paid for.
The starting point of the tours is described on the website and is also indicated in the booking confirmation.
Weather and other influences
Our tours follow predetermined routes. These routes are subject to change due to force majeure such as holding occasional celebrations, demonstrations, concerts, marathons, etc. for the benefit of our clients.
We also operate our tours during bad weather such as snow, wind, frost and rain. In the event of extreme weather, the provider reserves the right to cancel tours, in which case clients will be offered an alternative tour date or refunded.
Prices and tour start times
For open tours, tour start times and prices are posted on the website under each product.
Private tours start time and prices can be adjusted according to the specific needs of clients, while the minimum rate is calculated for 10 people. Each additional person pays a reduced price.
Payments
Open tours are paid for in advance via a payment gateway Stripe.
Private tours are paid in advance by bank transfer, or via Stripe. When paying for private tours, please include our reference number as a variable symbol, which you will receive along with the invoice by email after confirming the reservation. Payment should reach our account at least two days before the start of the tour.
Cancellation of reservations
Private tours can be canceled up to 3 days before the start of the tour. Only CZK 130 will be deducted from the full refund as a handling fee. In case of cancellation less than 3 days before the tour, the money is not refunded.
Open tours can be canceled at least 2 hours before the tour in writing. In case of cancellation less than 2 hours before the start of the tour, the money is not refunded.
Changes to reservations
In case of a request to change the reservation from the client, we always try to accommodate and find the best solution for the client. We accept requests to change reservations only up to 2 hours before the start for open tours and no later than 24 hours before the start for private tours. All rebooking requests sent later will be void and no-show refunds will be issued.
Waiting time
Our guides will be waiting for you at the meeting point before the tour.
In the case of client delays, clients can contact us on tel. +420 608 100 763. For evening tours, calls are forwarded directly to the guide. The guide will wait 10 minutes for open tours, 15 minutes for private tours. If you do not show up for the tour, the money for the reservation will not be returned.
Liability to Third Parties
The providers are responsible for the preparation of the tours and their content, the training of the guides and the quality of the tours themselves. The Providers are not responsible for any services provided by a third party, such as restaurants, etc. The Providers are also not responsible for any injuries, bodily harm, or death or damage to clients’ property during inspections. Clients are obliged to consider their state of health before completing the examination, and to keep an eye on their personal belongings throughout the examination. In the event that the client becomes ill during the tour, he is obliged to immediately inform the guide about this fact.
Security and the possibility of excluding clients from the tour
Clients are obliged to follow their guide’s instructions throughout the tour, e.g. when crossing streets.
In the event that one of the clients behaves inappropriately and annoys other tour participants with his behavior and does not change his behavior even after being warned by the guide, the guide is entitled to ask such a client to leave the tour, or to exclude him from the tour, in such in this case, the client is not entitled to a refund for the visit.
Children can participate in the tour only when accompanied by an adult.
Complaints, withdrawal from the contract
If the provider does not fulfill its contractual obligation properly and on time, the client is obliged to complain about the defects of the provided performance with the provider without undue delay, but no later than within 14 days of the provision of the performance. If the performance was not provided at all, the recipient is obliged to make a claim no later than 14 days from the day on which the performance should have been provided.
Complaints must be made in writing to the email address info@night-watchman.net. In the complaint, it is always necessary to specify the customer or client, the date and type of inspection, and defects in the performance provided. If the complaint does not contain all the details, the provider will without delay invite the client to complete it within an additional reasonable period; if the recipient does not complete the complaint within this period, the complaint will be rejected.
The provider will handle the complaint without undue delay, no later than 30 days from the date of its proper application or addition according to the previous paragraph.
If the complaint is rejected, the provider will issue a written record of this to the client with reasons, to his email address. If the complaint is found to be justified, the recipient has the right to eliminate performance defects and, if this is not possible, the right to a) a reasonable discount from the purchase price, b) compensation or c) withdrawal from the contract. If the conditions for withdrawal are given for reasons exclusively on the part of the provider, the recipient has the right to return the paid purchase price.
Rejected claims may be charged for claim processing costs and handling fees.
The customer or client has the right to withdraw from the contract in cases of gross breach of the provider’s obligations.
The consumer acknowledges that according to the provisions of § 1837 letter j) ObčZ cannot withdraw from the contract without giving a reason, within a period of fourteen (14) days from the date of conclusion of the contract in the case of contracts on the use of free time, if the entrepreneur provides these services within the specified period.
If these are not cases where it is not possible to withdraw from the contract in accordance with § 1837 of the Civil Code, the consumer has the right to withdraw from the contract without giving a reason, in accordance with the provisions of § 1829 of the Civil Code, within fourteen (14) days from the date of conclusion of the contract – i.e. from the date of delivery of the binding order confirmation to the client. Withdrawal from the contract must be demonstrably sent to the provider’s email address: info@nigh-watchman.net.
OUT OF JUDICIAL RESOLUTION OF CONSUMER DISPUTES
The consumer has ve pursuant to Section 14 of the Protection Act, the right to an out-of-court settlement of a consumer dispute arising in connection with the contract concluded with the provider. The consumer submits a proposal for initiation of proceedings according to this article to the Czech Trade Inspection. There is no charge for this proposal. You can find details about the conditions of an out-of-court settlement on the website of the Czech Trade Inspection (https://adr.coi.cz/cs/info).
PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES
The provider processes the personal data of clients and potential clients as an administrator in accordance with the applicable legal regulations for the protection of personal data, in particular the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of this data, which repeals Directive 95/46 / EC (GDPR) and Act No. 110/2019 Coll., on the processing of personal data, as amended.
More detailed information on the processing of personal data, your rights, incl. contact details of the personal data protection officer, can be found in the Data Protection Statement on our website here: https://night-watchman.net/ochrana-osobnich-udaju/?lang=cs.
Regular reportage photos, audio or video recordings may be taken during the tour, which will be used for the purpose of internal and external promotion of the provider’s activities, typically on websites and social networks. If you do not want your recordings (photos, audio, video) to be taken, please contact your guide.
Last but not least…
We are constantly improving our services, so we look forward to your feedback and recommendations. We wish you a happy trip, a pleasant stay in Prague and a great tour with your Night City of Prague.
