GENERAL TERMS AND CONDITIONS OF SALE AND PROVISION OF SERVICES – ELENCIA

Article 1. Definitions and Scope of Application

These General Terms and Conditions of Sale (hereinafter the "GTC") govern the contractual relationships between:

• The Agency: Elencia s.r.o., a tailor-made travel design agency and provider of tourism and logistical services (Destination Management Company), with its registered office at Křižíkova 703/97d, 186 00 Prague 8 – Karlín, Czech Republic, Company ID (IČO) 23411376, VAT ID (DIČ) CZ23411376, registered in the Commercial Register kept by the Municipal Court in Prague, file C 426648. Contact: contact@elencia-dmc.com, +420 228 811 866.
• The Direct Client: Any natural or legal person purchasing the Agency's services on their own behalf or on behalf of the trip participants (B2C).
• The B2B Partner: Any tourism professional (Tour Operator, Travel Agency) acting as an intermediary, purchasing the Agency's services to resell them to their own final clients.
• The Client: Term jointly designating the Direct Client and the B2B Partner.

These GTC apply to all services sold by the Agency (complete itineraries, isolated logistical services, concierge services, various bookings). They take precedence over any other document, unless otherwise agreed in writing and signed between the parties (Special Conditions).

Article 2. Formation of the Contract

The Agency establishes a proposal (quote) detailing the proposed services. The validation of the contract takes place according to the following steps:

1. Written acceptance of the quote by the Client.
2. Receipt by the Agency of the deposit payment (or of the total amount depending on the deadlines stipulated in Article 3).

The contract is deemed definitively formed only upon the actual receipt of funds by the Agency. The Agency does not proceed with any final booking prior to this receipt, and cannot be held liable for any unavailability or price modification by service providers during the payment period.

Article 3. Prices and Terms of Payment

Unless explicitly stated otherwise in the quote or the invoice (Special Conditions), prices are denominated in euros (EUR) and include all taxes.

The price stated on the quote is the final price for the services described, including VAT where applicable. Any optional services or supplements are listed separately with their price.

The standard payment terms are as follows:

• Upon signature: A non-refundable deposit of 30% of the total amount is required to confirm the booking.
• No later than 40 days prior to the start of the services: The balance of 70% must be paid.
• Last-minute booking: If the booking is made less than 40 days prior to the start of the services, the entire amount (100%) is due upon signature.

Any delay in payment authorizes the Agency to cancel the booked services. The Client will then be liable for the cancellation fees as defined in Article 4.

3.1 Payment methods

Payments may be made by any of the following methods, as indicated on the quote, the invoice or the payment link sent by the Agency:

• Payment card (Visa, Mastercard) through the secure GoPay payment gateway. Card payments are protected by 3-D Secure authentication (Visa Secure, Mastercard Identity Check). The Agency never receives or stores card details.
• Apple Pay and Google Pay, through the GoPay payment gateway.
• Instant bank transfer through the GoPay payment gateway.
• Bank transfer to the account stated on the Agency's invoice.

Payments are made in the currency stated on the quote or invoice (EUR unless otherwise agreed). Bank charges and currency conversion fees charged by the Client's bank are borne by the Client. The payment gateway is operated by GOPAY s.r.o., a payment institution supervised by the Czech National Bank.

Article 4. Cancellation Conditions and Fees

Any cancellation request by the Client must be notified in writing (email) to the Agency. The date of receipt of this written notice determines the date of cancellation and the application of the following scale:

Exception clause applicable to strict service providers:

As an exception to the scale above, certain services (notably flight tickets, train tickets, access to certain events, specific entrance fees, or special conditions of certain accommodations) may be subject to 100% cancellation fees upon booking. In this case, the provider's cancellation conditions apply as a priority and no amount relating to these specific services shall be refunded.

Article 5. Modification of Services

5.1. Modification by the Client

Any request to modify the validated itinerary or services will result in a price revision. The Agency reserves the right to charge administrative fees for each modification, as well as any penalties required by local service providers.

5.2. Modification by the Agency

If external events (security reasons, unforeseen closure of a site, default of a service provider) compel the Agency to modify the program before or during the execution of the services, the Agency commits to offering replacement services of equivalent or superior quality, at no additional cost to the Client.

Article 6. Liability and Insurance

6.1. Obligations of the Agency

The Agency acts as an agent and organizer. It commits to exercising all necessary care in the selection of its local service providers and the coordination of services.

6.2. B2C / B2B Distinction

• In the context of B2C relations (Direct Client): The Agency is responsible for the proper execution of the services stipulated in the contract, in accordance with European regulations on package travel.
• In the context of B2B relations (B2B Partner): The B2B Partner is the sole legally liable party towards the final traveler. The Agency assumes no liability for erroneous information transmitted by the B2B Partner to the final traveler, nor for any disputes arising from the contractual relationship between the B2B Partner and its client.

6.3. Administrative and Health Formalities

It is exclusively the responsibility of the travelers to ensure that they are in possession of the identity documents (passport, identity card), visas, and health certificates required for entry and stay in the country(ies) of destination. The Agency can under no circumstances be held liable for a refusal of boarding or entry into the territory.

6.4. Travel Insurance

The Agency does not include any comprehensive, repatriation assistance, or cancellation insurance in its base rates. It is strongly recommended that the Direct Client subscribe to suitable insurance. The B2B Partner has the obligation to offer or verify that its final travelers benefit from adequate coverage.

Article 7. Force Majeure

The Agency cannot be held liable for the total or partial non-performance of its obligations if this is due to a case of force majeure, defined as any external, unforeseeable, and insurmountable event (including, but without this list being exhaustive: wars, riots, natural disasters, pandemics, transport strikes, restrictive government decisions). In the event of force majeure, the parties shall agree together, as far as possible, on a postponement of the services. Otherwise, the Agency shall retain the costs already incurred and non-recoverable from its service providers.

Article 8. Claims, Disputes, and Applicable Law

Any claim relating to the non-performance or improper performance of the contract must be reported immediately to the Agency during the stay so that a solution can be provided on site.

If the problem could not be resolved, a formal claim must be sent in writing (registered mail or email with acknowledgment of receipt) to the Agency within a maximum period of fifteen (15) days following the end of the services. After this period, no claim will be taken into account.

These General Terms and Conditions and all contracts concluded by the Agency are governed exclusively by Czech law. Any dispute relating to their interpretation, performance, or termination, in the absence of an amicable agreement, shall fall under the exclusive jurisdiction of the courts within the jurisdiction of the Agency's registered office, in Prague.