General Terms and Conditions of Travel a la Carte a.s.
The following general terms and conditions apply to all products and services directly or indirectly made available by us to our clients. ‘TAC’, ‘us’, ‘we’ and ‘our’ refer to Travel a la Carte a.s., a limited company incorporated and existing under the laws of the Czech Republic, having its registered office at Rybalkova 1433/14, Vinohrady, Prague 2, Czech Republic.
By accessing, browsing and using our website, mobile application or any of its components and features through whatever platform (collectively referred to as the ‘Platform’); and/or by completing an order, purchase, reservation and such of any products or services, you acknowledge and agree to have read, understood and agreed to all the terms, conditions and notices set forth below (collectively, the ‘Terms’) without modifications. These Terms apply also when contacting our customer support center. If you do not agree to these Terms, please do not access our Platform or contact our customer support center.
1. Scope and nature of our Services
The Platform is a multifunctional search booking platform which provides our users with the personalized travel plans including services and products, which can be subsequently ordered, purchased, reserved or hired through our Platform. TAC does not provide, own or control any of the services and products that you can access through our Platform (collectively, the ‘Products’). All of these Products are owned, controlled or made available by third parties (collectively, the ‘Providers’) either directly or through facilitators. Every such Provider is responsible for its own products and services. By ordering, purchasing, reserving, hiring and such, you enter into a direct legally binding contractual relationship with the Provider with whom you made such operation as applicable. Provider’s terms and privacy policies apply to you, therefore you must agree to, and understand those terms. Your interaction with any Providers accessed through our Platform is at your own risk, and TAC does not have any responsibility should anything go wrong.
We act solely as an intermediary between you and the Providers. TAC has no control over the Providers. The relationships we have with the Providers are governed by separate terms and conditions.
TAC hosts content, including prices, images and service, product descriptions, made available by or obtained from Provides (the ‘Provider Content’), as well as content provided by users, such as comments, ratings and other information (the ‘User Content’) (collectively, the ‘Content’). The User Content is intended to serve only as a general guideline. We do not have any influence over the Content and we disclose the Content based on the information provided to us by the Providers.
Although we will use adequate reasoning and our best effort in performing our Platform, we are in no way responsible or liable for the accuracy, quality, completeness, correctness, reliability, timeliness or trustworthiness or the Content. Providers remain responsible at all times for the accuracy, quality, completeness, correctness, reliability, timeliness or trustworthiness of information about their Products (including, but not limited to descriptions, fees, prices, conditions and availability).
TAC does not guarantee that the prices reflected therein will be updated in real time or that a particular service or product will be available. As a result, the prices displayed by the Providers may not correspond to that displayed on our Platform.
2. Use of the Platform
You need to create a user account with us in order to access and fully use our Platform. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within our Platform remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us, unless requested otherwise. When you register for an account with us, you may be asked for financial information, or information we use to identify you.
As a condition of your use of our Platform, you explicitly warrant that:
- you are at least 18 year of age;
- you possess the legal authority to create a binding legal obligation;
- you will use the Platform in accordance with these Terms;
- you will only use our Platform for your private use to search for legitimate offers to your desire;
- you will inform such other persons about the Terms that apply to any searches and/or reservations and purchases you have made on their behalf, including, but not limited to all applicable rules and restrictions;
- all information supplied by you to our Platform is true, accurate, current and complete; and
- you will safeguard your TAC account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
3. Payment Services & TAC wallet
TAC is not a bank and we do not provide loans, extends credits or operate with any other financial instruments. We provide you with the opportunity to make payments to us, Providers or third parties as part of your use of our Platform; and perform other financial transactions (collectively, the ‘Payment Services’). We may set out further terms applying to such payments, including those relating to refunds, if any, billing arrangements and such. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of Products are subject to change at any time.
Subject to mandatory applicable laws and regulations or as otherwise specified by us, Provider or any third party, for a particular item or product within our Platform, in no circumstances will we be required to provide a refund for any payments made by you to us, Provider or any third party in relation to any Products.
We provide you with the possibility to load value into your user account (further referred to as the ‘TAC wallet’). TAC wallet can be only used to pay for Products designated and displayed within our Platform. TAC offers you multiple ways of topping up your TAC wallet balance, and those methods may change from time to time. We may also offer you our own exchange rate for various currencies to enable you the easiest payments within our Platform. TAC may stipulate the amounts by which your TAC wallet can be topped up, and may change these amounts in future. Complaints about debited amounts must be e-mailed to us within 48 hours of the order in question. Submission of a complaint does not remove the obligation to pay for services rendered. TAC may charge the administrative costs of investigations of complaints concerning payments, if you make repeated complaints concerning payments if these complaints turn out to be ungrounded and you still persist in these complaints; such charge is subject to our full discretion.
Credit balance of your TAC wallet shall expire if you do not make at least one chargeable outbound service usage within the period of 180 days. Amounts loaded into your TAC wallet may be redeemed and no fees is payable if not converting to an other currency. A refund will be made within 7 business days directly into your bank account or to any other account you used to load your TAC wallet.
When using the Payment Services, you explicitly acknowledge that and agree to the following:
- you use Payment Services at your own risk. TAC makes no warranty of any kind about the service to you or any other party;
- TAC is not responsible for any loss you and third party may suffer as a result of a failure, temporary breakdown or malfunction of our Platform;
- the use of Payment Services may be unavailable from time to time due to interruptions in services provided by third parties or due to technical interruptions or maintenance requirements, TAC is not liable for any loss that you or the third party may suffer because of such interruptions;
- TAC is not responsible for any loss or damage you suffered as a result of funds incorrectly sent or if a payment instruction is duplicated by you. This also includes situations where the third party may not be legally entitled to the funds for any reason;
- TAC is not responsible to you for any loss, risks following from trading and exchange rates or damage you suffer, whether directly or indirectly, because of the operation of, failure, or malfunction of third party systems or communication devices;
- you alone take the risk of using or purchasing Provider’s Products. You hereby agree to indemnify us and hold TAC harmless for any loss or damage you may suffer, or cause, in this regard. TAC does not accept any liability with regards to any third party transactions.
- TAC does not verify the Provider’s information, account numbers and such. We will not be responsible to you or the Providers for any loss or damage you suffer because you gave the incorrect or incomplete information. TAC is not responsible if you do not complete an instruction or if you do not follow our instructions when using our Platform and Payment Services.
- information sent over public networks may be subject to unlawful monitoring and interception. TAC recommends that Payment Services shall only be used over private networks, using personal data and airtime.
4. Prepayment and Cancellation
By making an order, purchase, prepaid reservation and such, you agree to the relevant cancellation policy and rules of the particular Provider, and to any additional terms and conditions of such Provider that may apply to you. The relevant terms and conditions of the Provider can be obtained with the Provider. Note that certain rates, fees or special offers may not be eligible for cancellation, refund or change.
If you want to review, change or cancel your order, purchase or reservation, revert to the confirmation email and follow the instructions therein. Note that you may be charged for your cancellation in accordance with the Provider’s policy. TAC recommends you to read the cancellation policy and rules of the relevant Provider carefully prior to making any operations.
5. Correspondence and Communication
By making an order, purchase, prepaid reservation and such, you agree to receive the relevant communication via:
- SMS message;
- Platform notification (push notifications).
Unless indicated otherwise, Travel a la carte a.s. is a service you are only allowed to use if you are over 16 years of age. We only process information about children with the consent of the parents or legal guardians or when the information is provided to use by the parents or legal guardian.
In order to complete and secure your transaction, you need to use your correct email address and valid telephone number and keep those properly updated. We are not responsible or liable for any wrong or misspelled email address, or inaccurate or wrong telephone number.
6. Prohibited Activities
The content and information on our Platform (including, but not limited to price and availability of displayed products and services) as well as the infrastructure used to provide such content and information, is proprietary to us or our Providers. While you may make copies of your documents relating to your activity on our Platform (including, but not limited to booking confirmations, purchase documents and such) you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Platform. Additionally, you agree not to:
- use our Platform or its contents for any commercial purpose, unless agreed with us;
- make any speculative, false, or fraudulent order, purchase, reservation, hire and such in anticipation of demand;
- access, monitor or copy any content or information of our Platform using any robot, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of our Platform (including, but not limited to the purchase path for any product or service) for any purpose without our express written permission; and
- frame, mirror or otherwise incorporate any part of our Platform into any other website or application without our prior written consent.
If your activity on our Platform shows signs of fraud, abuse or suspicious activity, TAC may deny its services to you, and close your account with us and forbid any other related activity. If you have conducted any fraudulent activity, TAC reserves the right to take any necessary legal action and you may be liable for monetary losses to TAC, including litigation costs and damages.
7. Links to third-party sites
Our Platform may contain hyperlinks to websites operated by third parties. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to you to take precautionary steps to ensure that any links you select or software you download is free of such items as viruses, defects and other items of a destructive nature.
TAC will treat all personal information related to you as confidential. We undertake to take all reasonable steps to protect personal information provided.
TAC will only process and distribute your personal information where:
- you have given your consent;
- the law requires us to do so;
- to detect, prevent and report theft, fraud and other crimes;
- it is in the public interest;
- we manage our relationship with you;
- we process payments.
9. Liability and Indemnification
TAC makes no representation about the suitability of the Content displayed on our Platform for any purpose. The display on the Content on our Platform does not in any way imply, suggest, or constitute a recommendation by TAC, or any sponsorship approval of such products or services, or any affiliation between the Provider and TAC. All Content and any other information provided on our Platform are provided without any warranty of any kind.
TAC hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. Providers are independent from TAC and are not agents or employees of TAC. TAC is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. TAC will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. TAC does not accept responsibility for the uninterrupted accessibility to our Platform and may carry out technical or maintenance work on the Platform at any of its choosing. In any such cases you may contact our Costumer Support desk for assistance.
In no event is TAC liable for any direct, indirect, punitive, incidental, special or consequential loss or damages arising out of or in any way connected with, your access to, display of or use of our Platform or with the delay or inability to access, display or use our Platform (including, but not limited to your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through our Platform; or otherwise arising out of the access to, display of or use of the Platform) whether based on negligence, contract, tort, strict liability, consumer protection laws, or otherwise, and even if TAC has been advised of the possibility of such damages. If, despite the limitation above, TAC is found liable for any loss or damage which arises out of, or in any way connected with any of the occurrences described above, then the liability of TAC will in no event exceed, in the aggregate EUR 1.000,- or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will exist and apply even if any limited remedy specified in these Terms found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of TAC.
You agree to defend and indemnify TAC and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of any third party; or
- your use of our Platform.
10. Intellectual Property Rights
Unless provided otherwise, the software required for our services and all of its components and features is owned by us. The intellectual property rights of the contents, information and material on our Platform are owned by the Providers.
TAC exclusively retains ownership of all rights, title and interest in and to the Platform on which the service is made available. To the extent that you would use or combine our content, both wholly and partially, or would otherwise own any intellectual property rights in the Platform or any content, you hereby assign, transfer and set over all such intellectual property rights to us. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including, but not limited to copyright and database right).
11. Governing law and Jurisdiction
Except as otherwise provided by the applicable law, these Terms shall be governed and interpreted in accordance with the laws of the Czech Republic and any dispute arising out of or in connection therewith shall be subject to the jurisdiction of the relevant Czech courts.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provisions shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.