Terms and Conditions
- Article 1. General Provisions and Definition of Terms
- Parties. These Terms & Conditions regulate the legally binding relationship between us, the private
limited
company Torres del Paine Reservations s.r.o., Company ID No.: 08438820, with a registered office at
Na
Stříbrníku 233, Karlov, 284 01 Kutná Hora, Post Code 28401 Kutná Hora, Czech Republic, registered in
the
Commercial Register maintained by the Regional Court in Prague, File No. C 319034, Tax ID No.
CZ08438820
(hereinafter referred as “torreshike.com”,“We”, “Our”, “Us”),
and
you
as Our customer (hereinafter referred to as “You”, “Your”, “Yourself”);
- Definition of Terms. The terms in BOLD listed below, and used throughout these Terms &
Conditions
refer to the following:
- Booking: means the purchasing process of selected Accommodation(s) and the actual
outcome
of
this
process, which includes the following (i) Your selection of the Accommodation(s) listed on
Our
Website,
(ii) completing the information required in the online form on Our Website, (iii) Your
acceptance of
the
Terms & Conditions stated hereunder and Our immediate performance of Services (iv) sending
Us
the
completed online form (v) and making the payment of the Full Price through the appropriate
payment
method. By making the Booking, You accept the offer of Our Services. The Booking is
completed by
Our
acceptance of Your payment made in accordance with these Art. 1.2.1 (v) and 3.1 hereof.
- Accommodation Contract: means the agreement of lodging and related services concluded
between
You
and the Accommodation Provider(s) based on the provisions of Our brokerage services provided
upon
the
Service Agreement in accordance with the provision of Art. 2.11 hereof.
- Accommodation or Accommodations: means an offer of Camping and/or Lodging
(also
referred
to as Refugios) via Accommodation Provider(s). We display the offered Accommodation(s) on
Our
Website
together with the information on the availability.
- Accommodation Confirmation: the confirmation document(s) issued by the Accommodation
Provider(s)
and that will be delivered on Your email upon the successful completion of your Booking
- Full Price: the price that We charge You for the provision of Our Services and the
price
for
the
Accommodations and other related amenities (e.g. full board, sleeping bag etc.) You ordered
with
Us
within the Booking. The Full Price is further defined in Art. 3.1 hereof.
- Trek: the continuous arrangement of one or more Accommodations over several days. We
display
offered Trek(s) on Our Website together with the information on the availability.
- Leg: the act of transfer between each Accommodation in the Trek, usually on foot.
- Accommodation Provider: means the agency or company providing the services of
Accommodation with which You enter into the Accommodation Contract through the use of Our
brokerage
services. The identity of the Accommodation Provider will be made known to You before You
enter
into
the
Service Agreement with Us. Your Accommodation(s) may include the services of two or more
Accommodation
Providers.
- Service or Services: means the brokerage services directly related to the
accommodating of
You at an Accommodation which We provide You in accordance with these Terms & Conditions and
the
Service
Agreement for the pre-arranged and agreed fee, included in the Full Price. Our Services,
through
which
You will be able to conclude the Accommodation Contract with the Accommodation Provider are
defined
in
Art. 2.1 hereof.. Please note that Our fee which is included in the Full Price is related
solely
to
the
provision of brokerage Services.
- Service Agreement: means the agreement on the provision of the Services concluded
between
You
and
Us in accordance with Art. 1.2.1. hereof, i.e. the Service Agreement is concluded upon Your
receipt
of
Our confirmation email accepting Your payment. The purpose of the Service Agreement is to
set
forth
the
contractual relationship between You and Us on the basis of which We will provide You with
the
Services
related to Your Accommodation(s) with an Accommodation Provider for the Full Price. These
Terms
&
Conditions form an integral part of every Service Agreement.
- Terms & Conditions: means Our terms and conditions stated herein.
- Website: means the website located at torreshike.com,
including
subdomains
for respective markets and/or Our other websites on which You can make the Booking.
- Complete Information. You must provide Us with complete, accurate and correct information
and
all
data
necessary for Our provision of the Services to You (especially the information and data
(including
personal data) necessary for the conclusion of the Accommodation Contract with an
Accommodation
Provider(s), for billing and Accommodation Confirmation delivery, etc., for which You are
requested
during the Booking or any time before or after. It is Your responsibility to ensure that all
the
information is correct and updated at the time of the Booking and this information will be
in
this
form
valid and complete at the time of Your travel. It should also be noted that You must provide
all
the
information using Latin script. We are not responsible for any damages, additional costs or
any
other
issues or complications, which may arise as a result of Your failure to provide Us with
complete
and
accurate information during the Booking process.
- Intellectual Property. We retain any, and all, rights to Our Website and its content;
including
software, hardware, products, processes, algorithms, user interfaces, know-how,
technologies,
designs
and other tangible or intangible technical materials or information made available to You by
Us
throughout the provision of the Services or by using Our Website. Unless expressly set forth
herein,
no
expressed or implied license or right of any kind is granted to You regarding the Services
and/or
Our
Website, or any part thereof, including any right to obtain possession of any source code,
data
or
other
technical material relating to Our Website. All rights not expressly granted to You herein
are
reserved
to Us. Any work product, developments, inventions, technology or materials provided by Us
under
these
Terms & Conditions and/or the Service Agreement or while using Our Website or any Services
are
exclusively owned by Us. You shall not alter and/or decompile the software used by Us for
the
provision
of the Services and operation of Our Website; You shall not make copies of such software.
We, in
Our
sole discretion, may use all comments and suggestions, whether written or oral, provided by
You
in
connection with Your order and use of the Services and or Our Website. Furthermore, all
copyrights,
trademarks, design rights, database rights, patents and other intellectual property rights
(registered
and unregistered) in and on Website belongs to Us and/or third parties. We do not grant You
the
right or
licence to use any trademark, design right, database right, copyright or any other right
regarding
the
content in or on a Website owned or controlled by Us or any other third party except as
expressly
provided in these Terms & Conditions.
- Trademarks. The trademarks, logos, and service marks (hereinafter referred to as the
"Trademarks")
displayed on the Website are registered and unregistered Trademarks of their respective
owners.
All
Trademarks related to the operating Accommodation Providers that are displayed on the
Website
belong
to
their respective owners and We use these Trademarks solely for Your convenience. Nothing
contained
on
this Website should be construed as Our pretension of these third party Trademarks or as
granting,
by
implication, estoppel, or otherwise, any license or right to use any Trademark displayed on
the
Website
without the express written permission of its respective owner. Your misuse of the
Trademarks
displayed
on the Website, or any other content on the Website, is strictly prohibited. You must ensure
that
Your
use of the third party content (Trademarks, logos, watermarks and other registered details)
complies
with all applicable laws and the intellectual property and other rights of the relevant
third
party
provider. You acknowledge and agree that the third party content and all intellectual
property
rights
subsisting in third-party content will remain the property of the relevant third-party
provider.
No
part
of the third party content may be modified, duplicated, published, uploaded, distributed,
translated,
adapted, marketed or used, without the prior written consent of the relevant third party
provider.
- Article 2. Service Agreement
In order to remain in full compliance with all applicable national laws and regulations of the
European
Union, by this Art. 2 hereof We provide You with all the mandatory information before entering into
the
Service Agreement:
- Service Description. Our Services shall consist of the following:
- Displaying the offered Accommodations and their combinations on Our Website;
- Brokerage of the Accommodation Contract between You and the Accommodation Provider;
- Delivery of the Accommodation tickets (itinerary) for the selected Accommodation(s), which
You have
purchased in accordance with Art. 1.2.1 hereof, as a result of the Booking, to You in
accordance
with
Art. 2.16 hereof;
- Means of Distance Communication and Costs. We will not charge You any extra costs in addition to the
Full Price for the use of means of distance communication that We use in order to communicate,
negotiate
and enter into the Service Agreement with You, i.e. there are no service charges for Our
communication
with You via the internet or over the telephone. All fees relating to all phone communications with
Us
are dependent on Your phone or internet provider; We are not liable for any costs incurred and We
will
not reimburse You for these costs. Given this, You should request the bill payer’s permission
beforehand.
- Supervisory Authorities. The authorities that supervise Our business activities and to whom You can
address complaints are the Czech Trade Inspection Authority [Česká obchodní inspekce], the competent
Trade Licensing Office [živnostenský úřad], the Office for Personal Data Protection [Úřad na ochranu
osobních údajů], the Office for the Protection of Competition [Úřad pro ochranu hospodářské
soutěže]. In
the EU it is possible to address Your complaints to the European Consumer Centre Czech Republic (
evropskyspotrebitel.cz/en/)
and the Data Protection Officer of the European Commission.
- Service Agreement and Accommodation Contract as two separate legal relationships. You should note
that
by the completion of the Booking, You are entering into two separate agreements: (i) the Service
Agreement concluded with Us and (ii) the Accommodation Contract for the lodging and/or camping
concluded
with the Accommodation Provider(s). These two legal relationships are mutually independent,
concluded
with different parties, (i) You and Us on one hand and (ii) You and the Accommodation Provider on
the
other, and as such these relationships are regulated by different rules, terms and conditions and
usually are governed by different legal orders. The circumstances under which You may withdraw from
and/or amend the Service Agreement are explicitly stated in these Terms & Conditions (regarding the
withdrawal right, please see Art. 8.2 hereof). Please note that the stipulation of Provision 2.14
regarding exemption from the right to withdraw from the contract within 14 days of its conclusion in
accordance with the applicable EU regulation, applies to the Service Agreement concluded between You
and
Us. In relation to the potential withdrawal from the Accommodation Contract concluded with the
Accommodation Provider, the terms & conditions of each of the respective Accommodation Provider
shall
apply. By conclusion of the Service Agreement, You express and represent to Us that You have the
necessary legal capacity to enter into and be bound by these Terms & Conditions and that You are
familiar with the terms & conditions of each of the respective Accommodation Providers; namely their
terms regarding potential withdrawal or termination from the Accommodation Contract, voluntary and
involuntary cancellation and change of the Accommodation(s), and/or any other changes related to the
Accommodation(s).
- Proof of conclusion of the Service Agreement. In accordance with the EU Directive (2000/31/EC) on
eCommerce and its national transpositions, as applicable, please be informed that the confirmation
e-mail of Your Booking is the proof of the conclusion of the Service Agreement between You and Us.
- Language of the Service Agreement. The Service Agreement is executed in the language selected by You
on
Our Website throughout the Booking. However please note that only the English version of the Terms &
Conditions stated herein is legally binding. Translations have been provided purely for user
convenience. In the event of any discrepancy between the translation and the English master of the
Terms
& Conditions stated herein, the English master shall prevail.
- Technical Steps to enter into the Service Agreement with Us / Data Correction. Our Website contains
an
interactive web interface through the use of which the Service Agreement between You and Us is
concluded
by completing and sending Us the online order form and making online payments in accordance with
Art.
1.2.1 hereof. Before sending the online order form, You are able to check, change and correct any
data
You have entered.
- Code of Conduct. Throughout the provision of Our Services, We always comply with all applicable laws
and
regulations of the Czech Republic and the European Union and Our internal principles of customer
satisfaction and rules for personal data protection. We choose not to make these internal rules and
principles public.
- Quoted Prices. The prices quoted on Our Website include the price for the Accommodation(s), VAT and
fee
for Our Services. All these components of the quoted price are displayed as a single Full Price.
However, given the character of Our Services, Our prices cannot include any extra fees charged by
the
Accommodation Provider. (For more information please see Art. 3.1 hereof).
- Territorial Limitations. There are no territorial limitations on the provision of Our Services
unless
stated otherwise explicitly.
- Service Agreement conclusion. By concluding the Service Agreement. We undertake to perform Our
obligations related to the provision of the Services under these Terms & Conditions and You
undertake to
pay Us the Full Price in accordance with Art. 3.1 hereof. By completing a Booking, You accept Our
offer
and enter into the Service Agreement with Us.
- Change or cancellation of the Accommodation(s). We reserve the right to change or cancel any
Accommodations that We offered to You if an Accommodation Provider’s offer changes; especially if
the
change concerns the features of the Accommodation You have selected, namely when the price of Your
selected Accommodation(s) increase between the moment We accept Your Booking and the moment We
complete
the reservation processing. If during the provision of Our Services, the conditions of carriage are
changed by an Accommodation Provider in the aforementioned manner, We will notify You accordingly in
a
reasonable manner and make every effort to offer You reasonable alternative carriage options and
proceed
in accordance with the provision of Art. 8.2 hereof.
- Immediate Performance of the Service Agreement and 14-Day no Withdrawal Period. Given the character
of
Our Services, which We will start providing immediately after the conclusion of the Service
Agreement
with You, i.e. before the expiration of the 14-day withdrawal period according to EU legislation,
You
shall not withdraw from the Service Agreement within a 14-day period after its conclusion, or at any
time thereafter, even in case You are a citizen of an EU member state to whom this right generally
applies. Your order of Our services made via conclusion of the Service Agreement between You and Us
will
be considered as Your request for the immediate provision of Our Services. This provision of Art.
2.13
hereof does not affect the possibility to withdraw from the Service Agreement under the conditions
stipulated in Art. 8.2 hereof.
- Brokerage of the Accommodation Contract. We are responsible primarily for brokering the
Accommodation
Contract between You and the Accommodation Provider. By making a Booking, You instruct Us to broker
an
Accommodation Contract between You and the Accommodation Provider. The content of any such
Accommodation
Contract will be determined by Your selection Accommodation and other Accommodation attributes on
Our
Website and the Accommodation Provider’s conditions. A brokered Accommodation Contract can be
applied to
the accommodation of more than one person and/or a person(s) other than Yourself; however, the
Accommodation Contract is always concluded between You (as the person making the Booking) and the
Accommodation Provider. The price for the carriage services provided under the Accommodation
Contract
brokered by Us with the Accommodation Provider(s) is included in the Full Price (Art. 3.1 hereof)
and if
not specifically ordered during the Booking it does not cover any extra services provided by the
Accommodation Provider in connection with the carriage to the Destination. Subject to the
limitations of
Art. 2.12 and 8.2 hereof, We must broker the Accommodation Contract for You without undue delay
after
Our acceptance of the payment of the Full Price by You in accordance with Art. 1.2.1 hereof and for
this
purpose You are entitling Us, in this respect, to act on Your behalf with the Accommodation
Provider(s).
Please note that the Service Agreement between You and Us and the Accommodation Contract between You
and
the Accommodation Provider(s) are two separate agreements.
- Power of Attorney. If the Service(s) is/are only provided to You on the basis of a power of
attorney,
You, by entering into the Service Agreement with Us, appoint Us as Your attorney-in-fact and grant
Us
all such powers to represent You in the extent necessary for the provision of all Services by Us. If
a
written power-of-attorney is required, You must undertake to provide it to Us upon Our request.
- Accommodation Confirmation Delivery. We will send You your confirmations for each respective
Accommodation purchased from the Accommodation Provider to Your email box at the email address that
You
entered in the online order form during the Booking on Our Website. It is necessary that You enter
Your
email address in the correct and unabbreviated form. We are not liable for faulty delivery or
non-delivery of e-ticket(s) for an Accommodation, if caused by circumstances on Your part such as
entering an incorrect email address or incorrect email settings. You must notify Us without undue
delay
of any changes to Your contact information that may affect Our ability to deliver the ordered
Accommodation e-ticket(s) to You. Please be reminded that We do not deliver Accommodation
Confirmation(s) in paper form; please print out the Accommodation Confirmation(s) and a copy of Your
passport and/or other travel documents required by the Accommodation Provider(s) and/or relevant
authorities and bring them with You to the Accommodation.
- Article 3. Fees, Costs and Charges
- Full Price. The Full Price that is displayed on Our Website is the final price for the Accommodation
and
it includes the base fare, VAT and the price of Our Services. However, it does not include other
fees,
charges or payments for services related to Your accommodation under the Accommodation Contract,
which
are provided by the Accommodation Provider(s) and/or third parties, such as Additional Services,
tourist
taxes, banking fees etc. You must pay the Full Price with a payment card or by another online
payment
method offered on Our Website by entering the required data in the relevant online form. Until We
receive the payment of the Full Price from You and confirm its acceptance to You, We are not obliged
to
commence the provision of any Service(s).
- Price change. Please note that in case the price of the Accommodation ticket(s) changes any time
after
You make Your Booking with Us, namely when the price become lower, We are not obligated to provide
You
with any kind of a refund, because We booked Your Accommodation(s) and processed the respective
payment(s) for the price valid at the time of Your Booking and we are unable to make any further
changes
in this regard.
- Article 4. Conditions of Accommodation
- You acknowledge that an Accommodation Provider’s terms and conditions will apply unconditionally to
Your
contractual relationship with the Accommodation Provider and that You must make Yourself aware of
such
terms
and conditions before the Service Agreement is concluded and You complete the Booking.
- We will provide You with all necessary documents for Your Booking. However, it is Your
responsibility to
check that all documents have been received and are in order. We are not responsible for any issues
arising
due to Your failure to ensure that You have all the correct and adequate documents and/or passport
(if
applicable). If You have not received any documentation from Us, or You believe that some of the
documentation is missing or inaccurate, You must contact and inform Us immediately and We will make
Our
best
effort to provide You with all the necessary documentation.
- You acknowledge that you are required to present your Accommodation Confirmation when asked by your
Accommodation Provider as well as any government authority. We advise you to print all your
documents
before
entering the Park as the mobile coverage might be non-existent.
- Article 5. Trek Arrangement
- You acknowledge that we solely arrange the Booking of your Accommodations included in your Trek. We,
however, do not offer any guide services or any support whatsoever once your are in the Park.
- Be aware that each Accommodation may be subject to different rules, especially if operated by a
different
Accommodation Provider
- It is Your responsibility to ensure that you will be physically capable of undergoing the Selected Trek as well
as
any
other person included in your Booking. On Our Website we provide approximate times and distances for
each
Leg of the Trek but they are and should only be taken as a rough estimate.
- For Your convenience we display a map of the Park with the rough route of the Selected Trek marked.
This
is
purely orientational and should not ever be used for an actual navigation in the Park.
- Article 6. Cancellations and Refunds
- You acknowledge that any Accommodation(s) alteration, change, or cancellation is subject
to
Terms
and Conditions of the Accommodation Provider(s)
- We can arrange the cancellation with each of the Accommodation Providers and process the refund if
you
are
eligible for one. Be advised that this process may take several days.
- If You are, under these Terms & Conditions, entitled to receive a refund of the full or partial
price
You
originally paid Us or another form of refund, it will be refunded using the same payment method as
the
one
You used to pay Us the Full Price. This can take up to 10 working days; It is pertinent to mention
that
We
bear no responsibility in relation to the transfer of the funds to You, because We cannot in any way
influence the transfer process of the refund and such responsibility lies solely with the financial
institutions responsible for remitting the transaction from Us to You.
- You acknowledge that in case of cancellation you are not eligible for the refund of our
Service
Fee as our brokerage service has been already concluded.
- Article 7. Administrative Formalities/Governing Laws/Amendments/Fraud
- Severability. If any of the provisions of the Service Agreement is found to be invalid or
ineffective,
the
other remaining provisions shall remain fully valid and effective to the extent that they are not
dependant
on such an invalid or ineffective provision. In such an event, any invalid or ineffective provision
shall be
replaced with a new, valid and effective one which corresponds to the intent and purpose of the
provision
that it being replaced.
- Governing Law. The Service Agreement and any legal relations established under it or derived from
it,
including issues of its formation and validity, shall be governed by the laws of the Czech Republic
with
the
exclusion of any rules on conflict of laws.
- Personal Data Processing. Our processing and protection of personal data, that You provided to Us,
as a
natural person in accordance herewith, is governed by Act No. 101/2000 Coll., on the protection of
personal
data and amendments to certain related acts, as amended, as well as by Our Privacy Policy, which is
available online on Our Website. The Privacy Policy forms an inseparable part of these Terms &
Conditions
and You are obliged always to read Our Privacy Policy before accepting these Terms & Conditions. By
accepting these Terms & Conditions You also confirm that You have read and understood Our Privacy
Policy.
- Amendments. We reserve the right to amend these Terms & Conditions at any time, and without prior
consultation with Our customers. These Terms & Conditions are valid and effective from the time when
You
send Us a completed online order form via Our Website and will apply to the respective Service
Agreement.
Please be advised that these Terms & Conditions may have changed by the time You choose to use Our
Services
again, and You should read them carefully before requesting any order of Our Services. All versions
of
Our
Terms & Conditions are available and downloadable on Our Website.
- Applicability. These Terms & Conditions shall apply to all Service Agreements concluded as of 1
September
2019.
- Fraudulent Transaction Protection. To ensure the high standard of Our Services and to protect
against
fraudulent transactions, We reserve the right to perform checks (verification) of payment cards. For
this
reason, We may request Your cooperation to verify the identity of the payment card holder. Until
successful
verification, Our obligation of immediate commencement of the provision of Our Services is
suspended. In
this event Your funds will be blocked at the bank and therefore We will not withdraw them. The time
that
it
will take to verify a payment card is not included in the period within which We undertake to broker
an
Accommodation Contract for You in accordance with Art. 2.13. hereof.
- Information about the Full Price is provided as final and binding with the exception of an apparent
error in
the amount of the Full Price; in these cases of apparent errors in the Full Price, we are entitled
to
unilaterally withdraw from the Service Agreement without further notice.
- Article 8. Discharge / Extinguishment of Obligations
- Discharge by Performance. Your obligations and Our obligations under the Service Agreement will be
discharged, and the Service Agreement performed, when You pay the Full Price in accordance with Art.
3.1
hereof and We provide the Services to You.
- Extinguishment by Default. If We fail to broker the Accommodation Contract for You in accordance
with
Art.
2.13 hereof within 48 hours after We accept Your payment of the Full Price, We will contact You. We
will
try
to offer You an alternative solution, or You or We may withdraw from the Service Agreement. In case
You
or
We withdraw from the Service Agreement, You will be entitled to a refund of the Full Price in
accordance
with Art. 5.5 hereof. If we agree on an alternate Accommodation or another combination of
Accommodations
to
Your Destination, the Full Price may change. You and We will settle the price difference between the
original Full Price and the new Full Price. Such price differences will be payable by You to Us or
vice
versa based on Our calculation provided to You.
- Article 9. Liability for Damage
- We are not liable for any damage, harm or loss arising out of any actions or omissions of an
Accommodation
Provider or other third parties in connection with your accommodation. Nor are We liable for any
damage,
harm or loss arising out of Your actions or omissions that are contrary to these Terms & Conditions.
- Article 11. Dispute Resolution
- In cases of disputes the courts of Czech Republic shall have complete jurisdiction over all disputes
arising
between You and Us.
- According to EU legislation all consumers residing in EU countries are, prior to filing any legal
action
with a court, pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, entitled to
commence
out-of-court settlement of their dispute with Us, provided that any such dispute between an EU
consumer
and
Us has not been successfully settled directly. The institution in charge of out-of-court settlements
for
EU
consumer disputes with our company is the Czech Trade Inspection Authority (coi.cz). More
information
on out-of-court settlements of consumer disputes may be found here (https://evropskyspotrebitel.cz/how-to-submit-your-complaint/).
- Pursuant to the EU Regulation No. 524/2013, EU consumers are also entitled to commence the
out-of-court
settlement of consumer disputes on-line through the ODR platform for the online resolution of
consumer
disputes accessible at (ec.europa.eu/consumers/odr).
- Prior to the commencement of any of the above methods of dispute resolution, You are advised to
contact
Us
through Our email support@torreshike.com to resolve any of Your complaints or
suggestions.