General Terms and Conditions

of hunting travel agency HEMING hunting s. r. o.

Article I

General provisions

These Terms and Conditions govern the rights and obligations of the Contracting Parties regarding the provision of Tourism Services arising from the conclusion of a Tour Contract between the Trader and the Traveller or the Client, the subject of which is the procurement of the Tour (hereinafter referred to as the "Tour Contract").
The subject matter of these Terms and Conditions is the definition of the rights and obligations of the Contracting Parties arising from the Tour Contract and the provision of information in accordance with Section 14 of Act No. 170/2018 Coll. on Tours, Associated Tourism Services, Certain Conditions of Business in Tourism and on Amendments to Certain Acts (hereinafter referred to as the "Tours Act") and in accordance with Section 3 (1) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services on the basis of a contract concluded at a distance or a contract concluded outside the business premises of the Seller and on the amendment of certain acts, as amended, and other relevant legal regulations.
These Terms and Conditions shall be drawn up in accordance with:

Act No. 170/2018 Coll. on Tours, Associated Tourism Services, Certain Conditions of Business in Tourism and on Amendments to Certain Acts,
Act No. 40/1964 Coll. The Civil Code, as amended,
Act No. 250/2007 Coll. on Consumer Protection, as amended,
Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services on the Basis of a Distance Contract or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts, as amended,
Act No. 22/2003 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll., as amended
Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended

and other relevant legislation.

These Terms and Conditions are displayed on the heming.com website and can be archived and reproduced.
By signing the travel contract, the Traveller or the Client confirms that they have thoroughly familiarised themselves with the Terms and Conditions and understood their content. These Terms and Conditions are an integral part of any contractual relationship between the Retailer and the Traveller or the Client and apply to all tours organised by the Retailer, including those that are not part of the current offer but are tailor-made according to the Traveller's requirements, as well as to all partial services related thereto.

Article II

Definitions

The trader is a hunting travel agency:

Business name: HEMING hunting s. r. o.

Registered office: Mierová 371/24, Bratislava - Ružinov 821 05

The company is registered in the Commercial Register of the District Court Bratislava I, Section Sro, file no. 152216/B

Business ID: 56 060 661

Tax ID: 2122209694

VAT: SK2122209694

Represented by: Mgr. Roman Valent - Managing Director

E-mail: heming@heminghunting.com

tel. no.: +421 918 900 409

(hereinafter referred to as the "Trader").

An intermediary is a natural person, an entrepreneur or a legal person who, on the basis of an intermediation contract, is entitled to mediate the conclusion of a contract between a trader and a traveller and to represent the trader in legal acts related thereto (hereinafter referred to as the "intermediary").
A traveller is a natural person or a legal person who concludes a travel contract with a trader or a contract constituting linked tourism services or to whom travel services are to be provided on the basis of a concluded travel contract (hereinafter referred to as the 'passenger'). If there are more persons on the passenger's side, all of them are jointly and severally obliged to fulfil their obligations under the law and these GTC.
The Tour Client is a natural or legal person who has concluded a Tour Contract with the Trader, but this person may or may not be a Passenger at the same time. If the client is not also a passenger, he is responsible for paying the price of the tour jointly and severally together with the passenger.
A tourism service is the transport, rental of motor vehicles or two-wheeled motor vehicles, the driving of which requires a category A driving licence or other tourism services which are not a natural part of the tourism service referred to in the previous part of the sentence (hereinafter referred to as 'tourism services' or 'services').
A package tour is a combination of at least two different types of travel services purchased for the purpose of the same trip, if they are combined by the same trader, regardless of whether separate contracts are concluded with individual service providers, provided that the conditions laid down in Paragraph 3(1) of the Law on tours are met.
A point of sale is an establishment or other premises where a trader habitually carries out his business, including a website www.heming.com or other means of distance communication, which allow the conclusion of a contract without the simultaneous physical presence of the parties;
Distance Contract is a contract concluded between the Trader and the Passenger under these GTC via the Trader's website without the Traveller being physically present.
A durable medium is a means which enables the traveller or trader to store the information addressed to him or her in such a way as to enable it to be used in the future for a period of time appropriate to the purpose of the information and which allows the information stored to be reproduced unchanged, in particular paper, e-mail, USB stick, CD, DVD, memory card or computer hard drive.
The supervisory authority shall be:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Bratislava Region

Bajkalská 21/A, P.O.BOX no. 5, 820 07 Bratislava Department of Supervision
tel.no. 02/58272172email: ba@soi.sk

https://www.soi.sk/

Article III

Conclusion of the contract

The current offer of tours is published on the trader's website and in its offer catalogue. The passenger selects the selected tour on the website and asks the merchant to process the price offer by filling out the inquiry form or in another appropriate way. After agreeing on the price offer, the contracting parties conclude the travel contract by signing it by both contracting parties. A concluded contract is considered to be a travel contract signed by the merchant and the passenger, or the client or their legal representative or authorized representative. Their legal representative acts on behalf of minor children. Only a duly authorised person may act on behalf of the Authorised Representative, who shall prove the Power of Attorney at the request of the Trader.
The travel contract may also be concluded in another appropriate way, e.g. by confirming the price offer by email by the passenger or via the reservation form.
The concluded travel contract is binding and can only be changed or cancelled by agreement of both parties or for legal reasons.
By concluding the contract, the passenger confirms that the trader or intermediary has provided him with information in accordance with Sections 11 and 12 of the Tour Act prior to concluding the contract.
An integral part of the travel contract is all written documents and information provided by the trader or intermediary, in particular

these GTC as amended,
Standard information form for travel contracts;
offer catalogue with price list,
written instructions - more detailed information about the tour, stay or ordered services,
information published on the trader's website.

The Merchant reserves the right to state in special written offers different terms and specifications than those stated on the Website and in these GTC, which shall take precedence over these GTC.
The Intermediary is not entitled to conclude a contract with the Passenger that contains different terms and conditions than those stated by the Merchant on its website, in the offer catalogue with a price list, or in other published documents. Documents and information provided to the passenger by an intermediary that are not identical to the documents and information of the trader are not part of the travel contract.
In the event that there are more than one person on the passenger's side, the passenger who signs the contract confirms that he is entitled to act on behalf of the other passengers and conclude a travel contract for them. At the moment of signing the contract by the authorized passenger, the contract also enters into force with respect to all other passengers. All passengers are entitled and obliged to perform all rights and obligations arising from the travel contract jointly and severally. The Traveller confirms that he has provided the other Travellers with complete information about the contract and its terms and conditions and undertakes to provide them with all the documents requested by the Trader necessary for the provision of Tourism Services.
In the case of concluding a distance contract via the Merchant's website, it is not a conclusion of the contract outside the point of sale, as the contract is signed on behalf of the Merchant or the order is accepted at the Merchant's point of sale.

Article IV

Special features on hunting tours

The Traveller acknowledges that the Trader is a hunting travel agency that arranges hunting tours.
A person under the age of 18 and a person whose health condition requires it may only take part in the tour if accompanied by a person over 18 years of age. The accompanying person is responsible for the person entrusted to him for the entire duration of the tour.
By concluding a travel contract, the passenger acknowledges that tours arranged by a trader are a specific type of tour with regard to their nature, method of organization, visited countries and conditions and conditions in them (social, political and economic, social conditions, permitting and other procedures related to entering the country, staying in it, etc.). For these reasons, the passenger acknowledges that there may be a change when participating in the tour (e.g. change in the program, time schedule of the tour, tour route, accommodation, method of transport, meals, etc.), depending on the current possibility of using services that the trader has no influence on and therefore can not be held responsible for.
The traveller acknowledges that the tours and tourism services offered by the trader require a certain physical and mental condition. Individual services and tours are classified into one of four levels of difficulty, with the first level being the easiest and the fourth level being the most difficult. The Traveller declares that he/she has become acquainted with the degree of difficulty of the selected tour or tourism service and declares that his/her health, physical and mental condition corresponds to the given degree of difficulty.
The Traveller declares that he/she has sufficient knowledge of his/her health condition and is fit to undertake the selected tour or tourism service. The passenger is liable for any damage incurred by him, other passengers, the trader or any third party in connection with the fact that his health, physical or mental condition did not correspond to the selected degree of difficulty.
By concluding a travel contract, the passenger confirms that he has become acquainted with the obligations arising from Act No. 274/2009 Coll. on Hunting and other relevant legal regulations, undertakes to comply with them and meets all the prerequisites for participation in the tour, in particular, but not exclusively, he has a firearms license valid for the entire duration of the tour.

Article V

Tour price

The trader shall publish on the trader's website and in its offer catalogue the basic price of the tour, which is indicative only, and the price of the tour will be calculated by the trader on the basis of the traveler's requirements.
The price of the tour is the price calculated individually based on the requirements of the traveler, and is included in the travel contract or the price offer of the trader. In the event that the information in the travel contract and in the offer catalogue differs, the information provided in the travel contract is binding. The price of the tour includes VAT, as the merchant is its payer.
The price of the tour includes those tourism services that are listed in the individual tour offers as services included in the price. Any other additional services that are offered in addition to the services listed in the basic offer of the Merchant will be provided to the Passengers for additional fees, which will be published in the catalogue as additional services to the tour. The Contracting Parties acknowledge that the price of the tour may additionally include costs and fees that cannot be determined before the conclusion of the travel contract and of which the passenger has been notified in advance in accordance with the law.
The total price of the tour does not include fees related to animal hunting, unless they are directly stated as part of the price in the travel contract. The passenger is obliged to pay other fees related to hunting animals to the trader in accordance with the valid price list and hunting protocol, on the basis of an invoice issued immediately from the date of the end of the tour with a due date of 10 days. Other fees related to animal hunting include, in particular:

decommissioning fee;
fee for hunted game,
Trophy fee determined according to the point value of the trophy. The scoring of the trophy is carried out according to the international CIC method. The value of the trophy according to the CIC is determined fresh and is used only for commercial purposes. The fee charged to the passenger for the preparation of the trophy is determined separately for each ordered service according to the type and trophy of the game. In the case of hunting or shooting unauthorized game, a surcharge of 100% will be added to the price for the actually ordered service agreed in the Contract on the Purchase of the Tour.

The basis for the calculation of the surcharge in connection with the hunting of animals is the hunting protocol, which contains data on the date of the hunt, the type and number of game caught and the value of the trophies. The protocol is drawn up after the hunt and the evaluation of the trophies in the presence of the customer and a committee composed of one representative of the local hunting club and one representative of the trader. The protocol serves as a document for the export of trophies outside the country of hunting, if it is possible to export the trophy immediately in accordance with the law.
The passenger acknowledges that in the event of non-use of some or part of the services for reasons on the part of the passenger or for reasons for which the seller is not responsible, the passenger is not entitled to a discount on the price of the tour.
The price of the tour is calculated per person usually accommodated in a room for two people, unless otherwise stated in the tour description, i.e. if it is not possible to accommodate the passenger in a room for two or more people, the passenger is obliged to pay the balance for his own room on the basis of the calculation and the request for payment sent to the passenger no later than 60 days before the tour.
The passenger expressly acknowledges that the ticket that will be provided as part of the price of the tour is usually an economy class ticket in the lowest price category. Airport fees are not included in the price of the tour, but they are a mandatory surcharge. The amount of airport charges is subject to change and depends solely on the policy of the airlines, over which the trader has no influence. The estimated amount of airport fees is stated in the price offer or the tour contract.
The Trader is entitled to unilaterally increase the price of the tour according to the conditions agreed in Article VII (3) et seq. of these GTC.
The trader has the right to pay the total price of the tour before the start of the provision of travel services. The passenger is entitled to the provision of tourism services only after paying the total price of the tour. In the event of failure to pay the total price of the tour properly and on time in accordance with the payment terms, the trader is entitled to withdraw from the contract.
The passenger is not entitled to a refund of the price paid for the trip due to an unsuccessful hunt.

Article VI

Payment terms

The passenger is obliged to pay 50% of the tour price within 3 working days from the date of conclusion of the tour contract, unless otherwise agreed between the contracting parties. If the passenger does not pay the first part of the tour price within 3 days from the date of conclusion of the contract at the latest, it is considered that both parties have withdrawn from this contract and it is cancelled from the beginning. The remaining part of the tour price, including all mandatory payments and amounts not included in the travel contract, will be paid by the passenger no later than 60 days before the start of the tour. If the travel contract is concluded less than 60 days before the start of the tour, the passenger will pay the price of the tour, i.e. including all mandatory payments that are not included in the price of the tour according to the tour contract, no later than 3 working days from the conclusion of the tour contract, unless otherwise agreed between the contracting parties. The passenger is obliged to pay the costs of insurance, or other payments paid through the trader, within 3 days from the date of conclusion of the travel contract, or another date agreed between the contracting parties.
The passenger shall make the payment by bank transfer to the merchant's account according to the payment terms sent by the merchant.
The price shall be deemed to have been paid at the moment the funds are credited to the trader's bank account.

Article VII

Tour conditions

The basic program of the tour is described in the offer catalogue, on the trader's website and in the individual offer made by the trader according to the passenger's requirements. A more detailed program will be sent to the passenger before the start of the tour. The program results from the last known information of the merchant about the hunt and its course in connection with the specifics and possibilities of the chosen destination. The passenger acknowledges that the program cannot be changed according to the individual requirements of the passenger. The passenger is obliged to follow the schedule of the program, organizational instructions, dates of meetings, departures and instructions of the guide or other accompanying staff.
If the passenger does not respect the program and schedule of the tour, endangers the program, safety or course of the tour, demonstrably harasses other passengers or otherwise acts contrary to the GTC or the applicable legislation of the Slovak Republic and the given country, he or she may be excluded from the trip. In the event of exclusion, the passenger is not entitled to a refund of the price of the tour or its aliquot part, he is obliged to travel home at his own expense and compensate for the damage caused by this.
Due to the special nature of hunting tours, the Trader reserves the right to change the tour program with regard to the current health, physical or mental condition of the passenger, unfavorable natural, political or security conditions and other unforeseeable circumstances. In view of the above, the Traveller agrees that the Trader is entitled to change the itinerary, part of the tour, the tour programme and its schedule in the above circumstances. The Passenger acknowledges that such a change in the program may require the incurring of additional costs, which the Passenger undertakes to pay. This is mainly, but not exclusively, the payment of the price of air tickets with the aim of maintaining the further course of the trip, or returning home in the event that it is in connection with an unavoidable and extraordinary circumstance (e.g. war, terrorist attack, uprising, strikes, earthquake, other natural disasters, the spread of a contagious disease, the decision of state authorities, embassies, e.g. in connection with the granting or non-granting of visas, etc., or other threat to the safety, health or life of the passenger) or if the originally planned route of the tour is impassable. In the event of non-acceptance of the change of the tour, the passenger undertakes to pay the related costs, while he is entitled to separate from the tour and transport himself home at his own expense, while he is not entitled to a refund of the price of the tour or its aliquot part.
The Contracting Parties have agreed that, due to the specific nature of hunting tours, a material change to the terms of the contract is not considered to be a substantial change to the terms of the contract

amendment of the programme pursuant to paragraph 3 of this Article,
change of accommodation facility within the same or higher category for reasons for which the trader is not responsible, or for reasons of force majeure,
change of the place of embarkation, disembarkation, place and time of departure or arrival,
change in the mode of transport and defects in transport.

The passenger acknowledges that he is solely responsible for the performance of any sports or other optional activities during the tour and performs them at his own expense.

Transport and luggage

The Merchant shall ensure the transport of persons and luggage by various means of transport, but also by animals, taking into account their availability and the specificity of the given country and hunting trip. Details of each type of transport can be found by the passenger in the offer catalogue, on the website and in the documents sent.
With regard to the specificity of the hunting tour, the passenger acknowledges and agrees with a possible change of the departure/arrival date and +-2 days, which depends on the current flight schedule of the given airline.
In the case of departure/arrival from Schwechat or Budapest airports, transport to and from the airport is provided by the merchant at the price specified in the travel contract. If the passenger arranges transport to and from the airport individually, he does so at his own expense and responsibility.
The traveler acknowledges and agrees that the tour may be extended or shortened by +-2 days due to the specifics of the hunting tour, due to force majeure or technical reasons.
The dealer is not responsible for any defects in transport, such as delays, missed connections, breakdowns, etc., as well as for the consequences resulting therefrom. The amount of compensation for damages as well as all other claims related to air transport are governed by the relevant regulations applicable to air transport (in particular Regulation (EC) No 261/2004/EC of the European Parliament and of the Council) and HEMING is not responsible for time shifts in the beginning and end of the provision of services, as well as for services not used due to delayed transport, and therefore does not provide financial or any other compensation.
If the passenger arranges transport independently, he is obliged to inform the trader in advance and arranges it at his own expense and responsibility. In the event of a change in the tour program, the merchant is not responsible for any increase in costs related to the provision of individual transport.
The passenger is obliged to comply with the baggage weight restrictions set out in the terms and conditions of the airline or transport company. The trader shall inform the traveller of these conditions. In the event of non-compliance with these conditions, the passenger is obliged to pay additional costs related thereto.

Travel documents

The passenger acknowledges that the data entered in the order and the travel contract must be identical to the data stated in the travel document with which he/she will identify himself during the tour, otherwise the passenger is liable for the damage and undertakes to pay the costs related thereto.
The passenger is obliged to secure all visas, entry permits and other mandatory documents for entry and stay in all countries as part of the tour at his own expense and responsibility, unless otherwise agreed by the contracting parties.
If the traveller is interested, the trader shall ensure that an application for an entry permit is submitted at the passenger's expense. In this case, the passenger is obliged to provide the trader with all the necessary documents within the specified period, at least 3 months before the tour, in particular the passport, valid after the end of the tour for at least 6 months. Travellers of nationality other than Slovakia are obliged to verify the visa requirement for all countries visited as part of the tour and to obtain an entry permit at their own expense and responsibility.

Accommodation

The passenger is usually accommodated in hotels of the middle and upper category, however, due to the special nature of hunting tours, the passenger acknowledges and agrees that he can also be accommodated in a lower category accommodation facility.

Food

The Trader provides meals only in cases where this is explicitly stated in the travel contract.

Article VIII

Rights and obligations of the contracting parties

The trader is obliged to:

ensure protection in the event of bankruptcy throughout the operation of the travel agency and provide the passenger with information on protection in the event of bankruptcy,
arrange the tour according to the conditions specified in the tour contract and in these GTC,
accurately inform the passenger of all facts related to the trip that are known to him/her;
in the case of travel mediation, inform the passenger for which trader the sale of the tour is mediated,
provide the Traveller with information and documents relating to the Tour that are not specified in this Contract or on the Traveller's website, in particular confirmations, vouchers, tickets, tickets, etc., in sufficient time before the start of the Tour, by e-mail sent to the provided email; In the case of several persons on the passenger's side, this information and documents shall be sent to only one passenger, who shall be obliged to inform the other passengers;
authorize in writing a representative to whom the passenger in difficulty may turn for assistance throughout the tour and who is authorized to receive and handle the passenger's complaints during the tour,
in the event of cancellation of the tour date, provide the passenger with an alternative date or refund the funds paid within 14 days from the date of sending the notice of cancellation of the tour date or rejection of the alternative date of the tour,

The trader shall have the right to:

to withdraw from the contract in cases arising from these GTC and the Tour Act,
not to refund the payment for the tour to a passenger who does not arrive at the specified place of departure for the tour at the specified time or who is unable to participate in the tour due to the invalidity and incompleteness of the travel documents,
to cover all costs incurred by the passenger's fault in connection with non-compliance with these GTC or breach of obligations arising from the Tour Act,
to change the date or to cancel the tour in the event of failure to meet the minimum number of tour participants of which the passenger was informed in advance, 7 days before the planned day of the trip,
to change the date or cancel the tour in the event of unforeseeable and unusual circumstances that could endanger the health and safety of the tour participants, such as extremely adverse weather conditions, e.g.: floods, whirlwinds, snow calamities, natural disasters, natural disasters, war conflicts, terrorist attacks, political unrest, etc.,
require the passenger to pay the cancellation fee, if the trader is entitled to it under these Terms and Conditions,
change the route, place and time of departure if operational or other reasons require it.

The Merchant reserves the right to exclude the Traveller from the tour and/or hunting if he/she has violated the obligations arising from these GTC, generally binding legislation of the Slovak Republic and the given country, from the Hunting Act and other binding regulations and conditions related to hunting, or if it is necessary to ensure safety during the tour or with regard to hunting. In the event of exclusion of the passenger from the tour or hunt, the passenger is not entitled to a refund of the price paid for the tour or its aliquot part and is obliged to travel home at his own expense and responsibility.
The passenger is obliged to:

pay the price of the tour properly and on time,
to fulfil the obligations arising from the Tours Act and, in the case of participation in a tour, the subject of which is also hunting, to comply with the obligations arising from the Hunting Act and other relevant legal regulations,
provide true and complete data necessary to conclude and perform the contract, notify the trader of any change in this data without undue delay and provide him with any other documents necessary for the proper provision of the agreed services, e.g.: an invitation to hunt (if not provided by the trader), an application for a visa, a hunting license, a firearms license and others,
notify the trader of any changes to the trip without undue delay;
provide the trader with the necessary cooperation in arranging the trip,
notify in time, before concluding the travel contract, a nationality other than the Slovak Republic,
arrive at the place of departure for the tour at the specified time and with valid travel documents and, if necessary, with a valid entry visa and all necessary documents necessary for the implementation of the tour,
if necessary, secure a valid entry visa, travel documents, firearms license and other documents necessary to participate in the tour in sufficient time,
comply with the obligation to vaccinate or other health formalities when traveling to countries required by international health regulations,
follow the instructions of the guide, authorized representative or other accompanying person during the tour, follow the tour program,
comply with customs, passport, transport, safety, health, hygiene and other legal regulations of the countries to which the traveler travels throughout the tour,
refrain from any action or behaviour that restricts, endangers and harms other passengers or third parties, their property or health; In the event of a breach of this obligation, such a passenger may be immediately excluded from the tour without the right to any compensation.
to pay for the damage caused by their behaviour and actions,
use the seat belt provided during transport and do not consume hot food or drinks.

In the event of a passenger's participation in a hunt, each passenger is obliged to have liability insurance for damage in the exercise of the right to hunt and to have a valid firearms license and a hunting license. If you are interested, the trader will mediate the conclusion of insurance.
The passenger has the right to:

participate in the tour according to the contract and these GTC,
for the provision of services under the contract and these GTC,
to withdraw from the contract under the terms and conditions of these GTC.

The Passenger acknowledges that the Merchant does not guarantee a successful outcome of the hunt unless otherwise stated in the specific offer.

Article IX

Contract amendment

Assignment of the travel contract

(1) Before the start of the tour, the traveller may, on a durable medium, notify the trader that another person who fulfils all the agreed conditions for participation in the tour will take part in the tour instead of him/her; The third party's consent to the assignment of the travel contract must be part of this notice. A change of traveller shall be effective against the trader if the notice of assignment of the travel contract pursuant to the first sentence has been delivered to the travel agent within a reasonable period of time, but no later than seven days before the start of the tour, unless the parties have agreed on a shorter period; On the day of delivery of the notification, the person named in the notification becomes a passenger.

The original traveller and the new traveller shall be jointly and severally liable for the payment of the remainder of the travel price and of all charges, surcharges and other costs incurred in connection with the change of traveller and of which the trader informs them. The fees, surcharges and other costs referred to in the first sentence shall not be disproportionate and shall not exceed the actual costs incurred by the trader as a result of the assignment of the travel contract.

Change in the price of the tour

The parties agree that the trader is entitled to increase the price of the tour by unilateral action as a direct consequence of changes concerning:

the price of passenger transport resulting from changes in the prices of fuel or other energy sources, in which case the price of the tour will be increased by the value of the increase in the price of transport, when comparing the price of transport at the conclusion of the travel contract with the price of transport on the day of the start of the tour,
the amount of taxes or fees on the tourism services constituting the package charged by a third party that is not the direct provider of the tourism services constituting the package, including local tax on accommodation, airport charges and port charges, or fees for embarking or disembarking at airports and ports, in which case the price of the tour will be increased by the value of the increase of those taxes and charges when comparing the amount of those taxes and the fee at the conclusion of the travel contract with the amount of the these taxes and fees on the date of the start of the tour,
exchange rates of currencies related to the tour, in which case the price of the tour will be increased by the value of the appreciation of the exchange rate of such currency against the EUR when comparing the value of this exchange rate when concluding the travel contract with the value of this exchange rate on the day of the start of the tour.

A clearly and comprehensibly worded notice of the increase in the price of the tour on a durable medium, together with the justification and calculation of the increase in the price of the tour, must be demonstrably sent to the passenger no later than 20 days before the start of the tour, otherwise the trader will not be entitled to pay the difference in the price of the tour.
The Parties agree that the traveller is entitled to a reduction in the price of the tour corresponding to the reduction in costs referred to in paragraph 3 of this Article which occurred between the conclusion of the travel contract and the start of the tour. In the event of a price reduction pursuant to paragraph 1, the trader shall provide the traveller with the difference between the original price of the tour and the reduced price of the tour, after deduction of the actual costs incurred by the trader in connection with the change in the price of the tour. At the request of the passenger, the trader will provide confirmation of these actual costs.
In the event of an increase in the price of the tour by more than 8%, the Contracting Parties shall proceed in accordance with Section VIII of these GTC.

Amendment of other terms and conditions of the travel contract

The Merchant reserves the right to change other terms of the travel contract as well as the price according to the previous provision before the start of the tour, if the change is negligible. The trader shall inform the passenger of the change in a clear, comprehensible and certain manner on a durable medium. A negligible change in the terms and conditions of the travel contract is considered to be a change of place and accommodation facility under the conditions provided if alternative accommodation of at least the same and higher category and in a similar area is provided, a change in the order of visited places, a change in transport for traffic, safety or other operational reasons, a change in the place of departure and arrival under the condition that free transport from/to the original place is provided;
If, before the start of the tour, the trader is forced to substantially change any of the basic features of the tourism services referred to in Section 14 (2) (a) of the Tour Act, or cannot meet the special requirements of the traveler, to which the trader has agreed in advance, or proposes to increase the price of the tour by more than 8 percent, he will propose to the passenger to change the travel contract. In this case, the Trader shall immediately inform the Traveller in a clear, comprehensible and specific manner on a durable medium of the proposed changes and their impact on the price of the Tour and the Traveller to accept or withdraw from the Tour Contract within a specified reasonable period of time without paying a severance fee. If the passenger does not accept the proposed changes to the travel contract within the deadline, the travel contract will expire.
The trader may offer an alternative travel to a traveller who has withdrawn from the travel contract pursuant to paragraph 3(b), if this is possible of the same or higher quality as the original tour. If the passenger withdraws from the travel contract pursuant to paragraph 3 letter b) and does not accept the offer of an alternative tour according to the previous sentence, the trader is obliged to refund to the passenger all payments made by the passenger or on his behalf without delay, no later than 14 days from the date of delivery of the notice of withdrawal from the travel contract.
If the traveler accepts the change of the tour, the funds paid will be used to pay for the new tour. If the price of the new tour is higher, the passenger will pay the price no later than 30 days before the start of the tour. If the price of the new tour is lower, the passenger has the right to a reasonable reduction in the price of the tour.
During the provision of services, the Trader is entitled to make changes to the Tour Programme and the Tourism Services provided, if it is not possible to provide the original Tour Programme and services due to objective reasons, force majeure, decisions of state and other competent authorities or extraordinary circumstances beyond the Trader's control and anticipation, the Trader is obliged to provide an alternative programme or services of comparable scope and quality. If the trader provides an alternative program or services at least at a comparable level, the passenger has no claims in connection with the change, such as requesting a discount on the price of the tour.
The Merchant shall not be liable for the consequences in the event of a change in the program or services that occurred in connection with an event that could not have been foreseen or prevented even with all efforts.
If the passenger orders additional services from the trader during the trip, he is obliged to pay the agreed price for them.
The passenger acknowledges that due to unforeseeable circumstances beyond the control of the trader, there may be a shift in the program, in particular due to delays or cancellations of the flight or delays of another means of transport.

Article X

Withdrawal from the contract

The traveller has the right to withdraw from the contract at any time before the start of the tour by written notification sent to the trader by e-mail or post. In the event of withdrawal from the contract by the passenger, the contracting parties have agreed on a severance payment, the amount of which takes into account the time of withdrawal from the travel contract before the start of the tour, the anticipated reduction of costs due to the failure to provide the travel services constituting the tour to the traveler, and the anticipated income from the substitute sale of tourism services. Severance pay is payable by each passenger, regardless of age and number of persons on the passenger's side, and the amount of severance pay is as follows:

in the event of withdrawal from the contract within 50 days or more before the start date of the tour, the passenger will pay 50% of the tour price,
in the event of withdrawal from the contract within 49 to 40 days before the start date of the tour, the passenger will pay 60% of the tour price,
in the event of withdrawal from the contract within 39 to 30 days before the start date of the tour, the passenger will pay 80% of the tour price,
in the event of withdrawal from the contract between 29 and 15 days before the start date of the tour, the passenger will pay 90% of the tour price,
In case of withdrawal from the contract within 15 to 0 days before the start date of the tour, the passenger will pay 100% of the tour price.

In the event of withdrawal from the contract, the travel insurance fee will not be refunded.
The Trader shall be entitled to set off his entitlement to the payment of the severance payment by means of a unilateral legal act, together with the deposit and/or the travel price paid received from the Traveller.
If a passenger withdraws from the contract in the event that there are more than one person on the passenger's side, the passenger is obliged to pay, together with the severance pay, any other fees incurred in connection with his/her withdrawal (e.g. a fee for a single room, a surcharge for multi-capacity accommodation, etc.), unless the contracting parties have agreed otherwise.
If the passenger does not board the tour or does not start using the services provided by the trader for any reason, he is not entitled to a refund of the funds paid, or an aliquot part thereof.
The trader may withdraw from the contract before the start of the tour without being obliged to compensate the passenger for the damage caused by such cancellation only if:

a, the number of participants in the tour is lower than the minimum number of participants required under the travel contract and the trader withdraws from the travel contract within the period specified in the travel contract, but no later than

20 days before the start of the tour if the trip lasts longer than 6 days,
7 days before the start of the tour, if the trip lasts between 2 days and 6 days,
48 hours before the start of the tour, in the case of trips lasting less than 2 days, or

b, unavoidable and extraordinary circumstances prevent the Trader from performing the Tour Contract and the Trader shall notify the Traveller of the withdrawal from the Tour Contract immediately before the start of the Tour.

In the event of withdrawal from the travel contract, the Trader shall be obliged to refund to the Traveller all payments received from or on behalf of the Traveller on the basis of the Tour Contract or in connection therewith without delay, but no later than 14 days from the date of delivery of the notice of withdrawal from the Tour Contract or the Trader's withdrawal from the Tour Contract. Provision from. 3 of that article is without prejudice.

Article XI

Responsibility for the provision of the tour

The trader shall be liable for a breach of the travel contract, even if other providers of travel services are subject to obligations ('breach of the travel contract').
If any of the tourism services is not provided in accordance with the travel contract, the Tour Act, or if it does not have the characteristics that the traveller reasonably expected with regard to the offer and customs, the traveller is obliged to notify the trader or his authorised representative without delay. The passenger can send a written notification by post to the trader's registered office or by e-mail to the specified email. If the passenger sends the notification through an authorised representative, the day of receipt of the notification shall be deemed to be the day on which the notification was delivered to the trader.

(3) The trader shall be obliged to remedy the situation within a reasonable period of time to the traveller by bringing the travel service into conformity with the travel contract, the Tour Law or the traveller's reasonable expectation, if this is possible in the circumstances or if it does not impose disproportionate costs on the trader in view of the extent of the breach of the travel contract and the value of the travel services concerned. It is not necessary to set such a deadline if the trader informs the passenger that he will not remedy the remedy, or if the rectification cannot be delayed due to the passenger's specific interest.

If the trader fails to remedy the situation referred to in the preceding paragraph, he shall offer the traveller alternative travel services even if the traveller's return to the place of departure is not provided for in the travel contract, and those alternative travel services shall be

of the same quality or higher quality as specified in the travel contract, at no additional cost to the passenger, or
of lower quality than that specified in the travel contract, offering a reasonable discount on the price of these travel services.

The traveller may refuse alternative travel services offered by the trader if they are not comparable to the travel services specified in the travel contract or if the discount on the price of the trip for a lower quality travel service is not reasonable. If the Traveller refuses to provide alternative Tourism Services or is unable to accept such Alternative Tourism Services for objective reasons, the Traveller shall continue to use the Tourism Services which are the subject of the Notification and the Trader shall provide the Traveller with an appropriate discount on the price of the Tour for the Tourism Services which have been the subject of such Notification.
Where the trader fails to remedy the provision of alternative travel services pursuant to paragraph 3 or to provide the traveller with alternative travel services pursuant to paragraph 4, the traveller shall have the right to

rectify the remedy itself and claim reimbursement of the costs reasonably incurred in this regard;
withdraw from the travel contract without paying severance pay and demand a reasonable discount on the price of the tour for tourism services that were not provided properly and on time, if there is a material breach of the travel contract.

The passenger has the right to file a complaint about the tour within two years from the end of the tour, or if the tour did not take place, from the day on which the tour should have ended according to the travel contract. If possible, the passenger shall attach a written record pursuant to Section 22 (8) of the Tour Act when making a complaint.
The passenger shall be entitled to an appropriate discount pursuant to paragraph 4(b), paragraph 5 or paragraph 6 of this Article. If the Trader does not prove that the breach of the Tour Contract was caused by the Traveller, it is obliged to refund the Traveller a part of the price under the first sentence within 30 days from the date of filing the complaint, taking into account the seriousness and duration of the breach of the Tour Contract; This is without prejudice to the passenger's right to claim compensation under Section 23 of the Tour Act.
In the cases referred to in paragraph 6 and paragraph 6(b) of this Article, where the package travel includes the carriage of a passenger, the trader shall arrange for repatriation by comparable transport without delay and at no additional cost to the passenger.
If, due to unavoidable and extraordinary circumstances, it is not possible to ensure the return of the traveller under the travel contract, the trader shall reimburse the costs of the necessary accommodation, if possible of the same category and class, for a maximum of three nights per passenger. Where the specific rules on passenger rights applicable to the means of transport concerned provide for longer time limits for the return of a passenger, these longer time limits shall apply.
The limitation of accommodation costs referred to in paragraph 10 shall not apply to persons with reduced mobility and persons accompanying them, pregnant women, unaccompanied minors or persons in need of special medical care, provided that the trader has been informed of their special needs at least 48 hours before the start of the tour.
The trader may not invoke unavoidable and extraordinary circumstances for the purpose of limiting the liability to pay accommodation costs under paragraph 10 of this Article if those circumstances cannot be invoked by the transport provider concerned.
The trader is obliged to provide reasonable assistance to the passenger in difficulty without delay, including in the circumstances referred to in Article 22(12) of the Law on Tours, in particular by providing
appropriate information on health care services, local authorities and the embassy of the Slovak Republic;
Assisting the passenger with distance communication and finding an alternative solution to the problem.
If the passenger finds himself in difficulty as a result of his fault or negligence, the trader is entitled to demand reimbursement from the passenger for the assistance provided. The amount of reimbursement corresponds to the amount of the actual costs incurred by the trader in providing assistance to the passenger.
Complaint handling is carried out in accordance with the applicable legislation of the Slovak Republic. The Retailer is obliged to determine the method of handling a duly filed complaint no later than 30 days from the date of filing the complaint. Once the method of handling the complaint has been determined, the complaint will be handled immediately, in justified cases the complaint may also be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of its application.

Article XII

Compensation

(1) In addition to the right to a reasonable discount pursuant to Paragraph 22(5)(b), (6) or (7) of the Package Travel Act, the traveller shall also be entitled to fair compensation for material damage and shall also be entitled to reasonable non-material damage suffered as a result of a material breach of the travel contract for which the trader is liable; the trader shall provide compensation to the traveller without delay.

The trader may be exempted from liability for damage only if he proves that the breach of the travel contract was caused by

Passengers
by a third party who is not the provider of the travel services provided as part of the tour, if the breach could not have been foreseen or averted, or
unavoidable and extraordinary circumstances.

Where an international agreement by which the European Union is bound limits the extent of compensation or the conditions under which it is to be paid by the provider of the travel service provided, the same restrictions shall apply to the trader. If an international treaty not binding on the European Union limits the compensation to be paid by the service provider, the same restrictions apply to the trader.
The Parties agree that the amount of compensation under this Article may not exceed three times the total price of the tour. The agreement under the previous sentence does not apply to injury, intentional damage or damage caused by negligence.
The right to compensation or to an appropriate discount under this Law shall not affect the rights of passengers under special regulations. Compensation for damage or a reasonable discount under this Act shall be deducted from the compensation for damage or price reduction on the basis of special regulations.
The trader shall not be obliged to compensate the traveller for the damage and material damage claimed by him, which is the subject of the contractual arrangement of the insurance cover under the travel insurance contract, nor for those which are excluded from the scope of the insurance cover.
In so far as the services provided include air transport, the amount of compensation shall be governed exclusively by the applicable rules applicable to air transport.
The merchant accepts no responsibility for the loss or damage of luggage or other items during the tour and transport.

Article XIII

Dispute resolution

Legal relations that arise between the Contracting Parties in connection with the conclusion of the contractual relationship shall be governed by the law of the Slovak Republic.
The Contracting Parties agree that in the event of a dispute, jurisdiction shall be given to the courts of the Slovak Republic.
In the event of a dispute with the consumer, the consumer is entitled to turn to the trader with a request for redress if the consumer is not satisfied with the way the complaint was handled or if he believes that the trader has violated his rights. The request for redress can be sent by e-mail to the e-mail: heming@heminghunting.com or by post to the trader's address. If the trader has responded to the request in the negative or has not responded to it within 30 days from the date of its sending, the consumer has the right to submit a proposal for alternative dispute resolution to one of the alternative dispute resolution entities.
The conditions of alternative dispute resolution are governed by Act No 391/2015 Coll. on Alternative Dispute Resolution.
A consumer may file a motion to initiate an alternative dispute resolution to the relevant alternative dispute resolution entity, which is a legal entity registered in the list maintained by the Ministry of the Interior of the Slovak Republic or the Slovak Trade Inspection (www.soi.sk).
The consumer may also lodge a complaint through the ODR platform operated by the EU. A complaint can be submitted by filling in the online form on the http://ec.europa.eu/consumers/odr/index_en.htm website. The consumer has the right to choose between alternative dispute resolution entities.
Only the consumer may seek dispute resolution by one of the alternative dispute resolution entities. Alternative dispute resolution only concerns disputes arising from consumer contracts concluded at a distance.
Alternative dispute resolution is, in principle, free of charge. An ADR entity may require a fee from the consumer for initiating an ADR up to a maximum of EUR 5.

Article XIV

Privacy Policy

The Merchant processes the Passenger's personal data for the purpose of performing the contract in accordance with the GDPR and Act No. 18/2018 Coll. No. 122/2013 Coll. on Personal Data Protection.
The terms and conditions of personal data processing by the Controller are specified on the website www.heming.com in the Personal Data Protection section.

Article XV

Final provisions

These Terms and Conditions shall apply in the wording provided on the website www.heming.com on the date on which the conclusion of the contract is sent.
The Merchant reserves the right to change these Terms and Conditions at any time if required by a change in the Commercial Policy or applicable legislation.
These Terms and Conditions are prepared by the law firm Lanikova Group, s.r.o. for the operator of the online store, while they are protected in accordance with Act 185/2015 Coll. Copyright Act, as amended. Without the consent of the author, it is forbidden to use this copyrighted work in any way, in particular, but not exclusively, copy, publish, change, modify, distribute and otherwise misuse.
These Terms and Conditions enter into force and effect on 2.9.2023.

General Terms and Conditions

Don't miss out on an adventure