General Terms and Conditions of Bike Tours

The general conditions (hereinafter ‘the conditions’) of Travel Agency BIKO Adventures Sro (hereinafter ‘BIKO Adventures) regulate the mutual contractual relationship between BIKO Adventures Sro as one party of the contract and any natural or legal person as the other party of the contract and user of services provided by BIKO Adventures Sro  in accordance with the relevant provisions of the generally binding legal regulations of the Czech Republic such as the Civil Code, the Commercial Code, Act No. 159/1999 Coll., etc. BIKO Adventures  reserves its right to determine in its sales materials (catalogue, offers, etc.) different conditions taking precedence over the above conditions. An agreed arbitrator or court shall decide possible disputes. The conditions shall be binding on all involved parties.

I. Introductory provisions

BIKO Adventures Sro, ICO: 08145172  Tax ID. No. CZ 08145172 that is recorded in the Commercial Register at the Regional Court in Praha, is a company with trade agency business activities subject to permit, i.e. mediation and business in the field of services. The subject of these business activities is lodging, boarding, guiding, interpreting, and transport services, and the services related to the programme of stays, etc.

II. Client

Clients of BIKO Adventures Sro can be all persons over 18 years of age without limitation. Persons under 15 years of age can use the services only if accompanied by their parents or a person in authority over 18 years of age, persons of 15-18 years of age with approval of their legal guardians.

III. Types and scope of services

In principle, BIKO Adventures Sro renders two types of services:

1. Standard catalogue services, i.e. with a predetermined programme, a fixed scope of services, and fixed prices.
2. Order services – i.e. the services rendered to order as required by the Client.
   The scope of contractually determined services is based on the description of services in promotional materials of the organiser and the data in the travel contract/confirmation. Any other verbal promises of the organiser or mediator are invalid. Their validity requires a written confirmation of the organiser. In case that the scope of services in promotional materials differs from the scope of services in the travel contract/confirmation, the scope in the travel contract/confirmation is the binding one.

IV. Prices of services and their payment

1. The prices of services rendered by BIKO Adventures Sro are the prices agreed mutually between BIKO Adventures Sro and the Client in compliance with Act No. 526/1992 Coll. including VAT. The Client takes note of the fact that he/she will be charged the full price for non-occupied beds in case that the real bed occupancy differs from the booked one (unless stipulated otherwise).
2. If, in the period from conclusion of a binding reservation-order/travel contract till the term of its performance, there are changes resulting in a change in services or an increase in an agreed price (this shall be sent to the Client at the latest 21 days prior to commencement of the tour) by more than 10 %, BIKO Adventures Sro is obliged to immediately advise the Client of these facts. If the Client decides to cancel the order for this reason, he/she shall execute this immediately by a written notice (see VI/3). In addition, the Client is obliged to return all documents to BIKO Adventures Sro, entitling the Client to utilise the before ordered services (an issued voucher). Any reimbursement for a stay cannot be executed without returning these documents.
3. The Client shall carry out payment of ordered services in the form of advance payment for ordered services in the amount of 5000 Euro. I
4. Unless the advance payment for ordered services (including a possible supplementary payment at instalments) is received by the due dates (the decisive date is the date of crediting the sum to the account of BIKO Adventures Sro) of an issued document, it is the reason for withdrawal from the contract by BIKO Adventures Sro and the stay is cancelled without notice and reimbursement. In this case the Client shall pay cancellation fees as per Article VI.
5. In case that BIKO Adventures Sro cannot render all services ordered and paid by the Client, BIKO Adventures Sro shall adequately adjust the price of services at accounting for the advance payment, possibly, upon agreement with the Client, BIKO Adventures Sro will offer substitute services. In addition, BIKO Adventures Sro shall execute accounting for the advance payment in the event of price alteration and the changes required by the Client (e.g. extension of originally ordered services etc.)

V. Rights and duties of the Client

1. THE CLIENT IS IN PARTICULAR ENTITLED to:
   • utilise all services ordered and paid by him/her (in the amount of 100 %);
   • withdraw from the contract anytime prior to performance of services with a complete observance of these 'conditions'; see Article VI, 'Cancellation fees';
   • be exactly and in time informed about the quality, scope, price, and term of ordered services.
2. THE CLIENT IS IN PARTICULAR OBLIGED TO
   • state complete and truthful information in the paperwork for a stay;
   • pay, up to the required date, the amount of advance payment for all so far ordered services;
   • respect and honour the current regulations of the facilities and entities whose services are used by the Client. In the event of a serious breach of these regulations in such a way that further services are refused, the Client is entitled neither to refunding of advance payment nor to any other financial reimbursement.

VI. Rights and duties of BIKO Adventures towards the Client

1. The rights and duties of BIKO Adventures Sro are adequately related and comparable to the rights and duties of the Client.
2. Travel Agency can additionally assure the services not ordered by the Client only within its possibilities upon previous agreement and providing advance payment for these services.
3. in cases that cannot be influenced by BIKO Adventures Sro (economic fluctuations, changes in tax rates, changes in the owners of facilities rendering services, changes in contractors, re-registration of a hotel, natural disasters etc.) and in cases that in any other way prevent rendering services according to predetermined conditions, BIKO Adventures Sro is entitled in terms of these services to:
   • change the term of a stay;
   • change prices of a stay;
   • change the programme, the means of transport and route, the manner of rendering services etc.;
   • change the place of a stay;
   • withdraw from the contract.
4. The above authorisations also relate to the fact that when within 30 days prior to commencement of a stay, the minimum number of clients was not achieved (upon request, their number shall be advised by the dealer of stay) or in the event that BIKO Adventures Sro cannot carry out a stay for economic reasons connected with a considerable excess of expected actual cost. In the event of the above changes, BIKO Adventures Sro shall immediately inform the Client. If the Client does not agree with changes a) through d), he/she is entitled to withdraw from the contract in writing, at the latest within 5 calendar days from the notice of change, otherwise the Client is deemed to agree with the change. The decisive date is the delivery date of the notice of withdrawal from the contract. Substantial changes are not deemed: price alteration by less than 10 %, a change in the building of accommodation in the same area and of the same or a higher quality. In this case, other claims towards BIKO Adventures Sro are out of the question.
5. BIKO Adventures Sro is not liable for damage caused to the Client due to changes resulting from 'force majeure'.

VII. Cancellation fees

1. The Client is entitled to withdraw from the contract exclusively in writing at any time without stating a reason. The cancellation comes into effect at the moment of delivery of this document to Travel Agency. Travel Agency is entitled to charge a cancellation fee (damages for cancellation) whose amount is determined according to the period of time between the withdrawal from the contract by the Client (i.e. delivery of the notice of withdrawal from the contract) and the first day of the services as follows (unless for a specific stay stipulated otherwise):

To reserve the trip we ask 50% of the total price via bank transfer. 500 € out of it are a development fee and not refundable.

In case of full cancellation with more than 1 month notice  prior to departure, the full deposit will be returned minus the 500 €.

For less than 1 months notice, no refund of the deposit will be given.

The remaining balance must be paid via bank transfer 15 days before the departure.

100 per cent of the tour will be charged if the tour is cancelled less then 15 days before the departure.This also holds true in the event that the Client does not commence a stay without its previous cancellation. In terms of time, 'commencement of service' is defined as beginning from the first hour of the day on which the service is rendered.

VIII. Complaints and disputes

1. In the event that the services included in the price of stay were not rendered in a full scope or quality, the participant is entitled to file a complaint in compliance with the Civil Code No. 40/1964 Coll. as amended (Article 852i) and possibly also in compliance with Act No. 159/1999 Coll. as amended.
2. In order to achieve a prompt and objective settlement of a possible complaint, the Client should proceed as follows:
   1. to file a complaint without undue delay at the head of the facility rendering the services paid in advance or with another employee in charge, in such a way that a timely remedy can be made on the spot. If possible, we recommend making a brief report of complaint on the spot. In principle, it holds true that if the complaint is to fulfil its purpose, it should be filed immediately once the Client detects the facts that can be the subject of the complaint. This is the only way to prove objectively a faulty condition, to eliminate it immediately and to complete or re-render the service. Attention, food that is not returned cannot be proven a complaint. It is very difficult to prove the complaints filed later towards the provider of services. If possible, the Client should also actively contribute to elimination of the defects.
3. In the event of circumstances whose creation, progress and consequence do not apply to the activities and procedure of BIKO Adventures or the circumstances caused by the participant, based on which the participant completely or partly does not utilise ordered and advance paid services assured by BIKO Adventures, the Client is entitled neither to reimbursement of the price for such services nor to a discount of the price for a stay (unless agreed otherwise). The reimbursement for services not drawn is possible only in the event when the provider of services refunds them.

XI. Specific conditions for bike tours

1. By their nature, cycle tours allow for alternatives and a substantial degree of flexibility. Therefore, outline itineraries given for each bike tour must be taken as an indication of what each group should achieve, and not as a contractual obligation on the part of BIKO Adventures Sro. Changes to the itinerary may be caused by mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. It is a fundamental condition of joining any BIKO Adventures Sro tour that you accept this flexibility, and acknowledge that delays and alterations as well as their results, such as inconvenience, discomfort, or disappointment, are possible: BIKO Adventures Sro will always endeavor to provide suitable alternative arrangements. If it is impossible to make alternative arrangements due to reasonable and justifiable event, or if a passenger is unable or does not choose for good reasons to complete an itinerary outlined for a bike tour, BIKO Adventures Sro is not liable for supplying alternative itineraries, excursions, accommodation, services or staff for the period when the Client is not present with the group.

1.2. I understand that there are inherent risks involved in riding a bicycle such as injuries, including serious injuries or death, and I freely assume those risks. I hereby release Biko, their employees and contracted guides from any and all liability for damages and injury to myself or to any person, unintentional injury or damage caused to me by them or for damages to personal property resulting from the use of the Rental Equipment. I accept full responsibility for any and all damage or injury which may result.  In no way does BIKO Adventures Sro, guarantee my safety while riding and it is not the responsibility of BIKO Adventures Sro to provide me with any type of bicycle riding instructions or any information concerning safety precautions. This Bike tour contract agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

2. On BIKO Adventures Sro cycle tours, it is essential that Clients abide by the authority of the tour leader, who represents Biko. Taking participation in a BIKO Adventures Sro’s tour signifies the Client’s agreement to this, and if the Client commits any illegal act when on the bike tour, or if, in the reasonable and justifiable opinion of the tour leader, the Client’s behavior causes or is most likely to cause danger, distress or annoyance to him/herself or others, BIKO Adventures Sro may terminate the Client’s travel arrangements without any liability on BIKO Adventures Sro’s part. If the Client has any condition, medical or otherwise, that may affect his/her or other people's enjoyment of the bike tour, it is essential that he or she advises BIKO Adventures Sro of this at the time of booking.
3. Before coming on the cycle tour, the Client must be covered by his own insurance, which must include adequate coverage for medical expenses and the cost of repatriation, should he or she become too ill to continue, including helicopter rescue and air ambulance. We strongly recommend that clients take insurance to cover themselves for personal injury and third party liability while cycling. Biko does not provide any kind of insurance.
4. Our tours are quite challenging so we advise our clients to read carefully all the             information about the tour they intend to book: length, hours, difference in altitude.

X. Transitional and final provisions

1. These General conditions are valid for the services rendered as of January 1, 2022. The validity of these conditions can be individually modified between BIKO Adventures Sro and the Client exclusively in writing.
2. The Client confirms by his/her signature in a binding order that he/she understands these conditions and respects them in a full scope.