PUBLIC OFFER
This public offer (hereinafter referred to as the “Offer”) is an offer of Incloud World s.r.o. (hereinafter referred to as the “Site Operator”) an unlimited number of legally capable individuals conclude an agreement on the provision by the Site Operator of services related to the booking of services rendered (provided) by third parties (i), (“Suppliers”) services for the carriage of passengers by air, (ii) tourism products , (iii) hotel services, services of sanatorium-resort organizations and other services for temporary accommodation and stay of individuals and (or) (iv) services related to insurance, under the conditions specified below.
1. Definitions
“Site” – the website of the Site Operator, located at the address: https://incloudworld.cz, where the Order is placed by the Customer using the System.
“Customer” – a legal person who has accepted the Offer.
“Site Operator” means Incloud World s.r.o., which owns the incloudworld.cz website. Offers to Customers on the website for booking travel products and services that are provided by the Suppliers.
“Order” – a duly completed request of the Customer for the provision of the Service selected on the Site using the System.
“Service” means any of the following services provided by the respective Suppliers:
air transportation of passengers (“Air transportation”);
tourist product (“Tourist Service”);
hotel service, service of a sanatorium-resort organization or other service for temporary accommodation and stay of individuals (“Hotel Service”);
a service related to insurance (“Insurance Service”).
“Supplier” – a person who provides the Service and who, in accordance with applicable law, is entitled to provide the corresponding service.
“System” – a complex of hardware and software of the Site Operator located on the Site. The system contains information about the Services, the Suppliers, the rules for using the Services, as well as the essential conditions for the provision of the Services by the Suppliers. Such information is presented in the System in full accordance with how it is presented in the booking systems by the Suppliers and their authorized representatives, and can be changed or supplemented at any time.
2. General provisions
2.1. By placing an Order, the Customer fully and unconditionally agrees with the terms of the Offer. Acceptance of the conditions (acceptance) set forth in the Offer is the fact that the Customer pays for the cost of the Order. The Offer Acceptance confirms the conclusion between the Site Operator and the Customer of an agreement on the provision of services related to the reservation of the Services (hereinafter referred to as the “Agreement”).
2.2. Within the framework of the Agreement, the Site Operator provides the Customer with services for providing the Customer with information contained in the System and booking Services in accordance with the parameters specified by the Customer, as well as for making changes to the Order or canceling the Order (if making changes to the Order or canceling the Order is impossible carried out without the participation of the Site Operator).
2.3. The relationship between the Site Operator and the Customer under the Agreement shall be governed by the legislation of the European Union.
2.4. Agreements for the provision of Services within the framework of Orders (hereinafter referred to as the “Agreement” or “Agreements”), information about which is contained on the Site and (or) in the System, are concluded by the Customer directly with the Site Operator. Services under the Contracts are provided to the Customer on the terms determined by the Site Operator or the Suppliers. The site operator does not independently provide the Services and cannot be responsible for the quality of the Services provided by the Suppliers.
2.5. Unless otherwise established in accordance with applicable law or the rules (terms of service) of the Suppliers, the Customer confirms that the electronic documents and data received by him from the System and generated by him for the System are considered by the Customer as legally significant documents drawn up in writing, outgoing and signed by the sender in accordance with all the rules of traditional paperwork in writing.
3. Procedure for ordering
3.1. Order
3.1.1. Placement of the Order on the website is carried out after the selection of the appropriate options for the travel product on the website incloudworld.cz.
3.1.2. The customer must enter the necessary contact information in a special form on the website.
3.1.3. Login and password are not applied.
3.1.4. The exchange of information between the Site Operator and the Customer regarding the Order and the fulfillment of their other obligations under the Agreement is carried out through the Personal Account or e-mail, the address of which was specified by the Customer during registration. In this regard, the Customer undertakes to regularly, until the completion of the provision of the Services, independently monitor the status of his Order in the Personal Account, check his e-mail for information about possible changes in the status of the Order, and, if necessary, contact the Site Operator for information on the phone number indicated on the Site or through the feedback form posted on the Site.
3.1.5. Responsibility for any consequences arising from the Customer’s lack of information about changes in the Order that occurred due to reasons beyond the control of the Site Operator (for example, cancellation or rescheduling of a flight, a delay by the Customer’s bank of payment for the Order, changes in tariffs, etc.) shall be borne by Customer.
3.2. Checkout
3.2.1. The Customer independently completes the Ordering process, while avoiding “double” bookings (ie identical bookings). The Site Operator or the Supplier will have the right to cancel part or all of the Customer’s “double” bookings, and the Site Operator does not accept liability to the Customer for any consequences of such cancellation for the Customer.
3.2.2. All the essential conditions of the Order, including the rules and terms for the provision (provision) of the Service by the Supplier, the rules for changing or refusing the Service, payment and refund of the cost (part of the cost) of the Service, etc., the Customer is obliged to familiarize himself with in the process of placing the Order. If the Customer does not understand any conditions of the Offer (Agreement), Order (Service) or Agreement, including the conditions of refusal, return, making any changes to the completed Order, the User must clarify the information he needs with the Site Operator prior to paying for the Order. …
3.2.3. When placing an Order, the Customer must fill in all the fields indicated in the System as mandatory.
3.2.4. Orders placed by the Customer are final. By paying for the Order, the Customer confirms his full and unconditional agreement with the terms of the Offer (Agreement) and the Agreement, and also confirms the correctness of all the data entered into the System when placing the Order (names, dates, details of documents, addresses, etc.).
3.2.5. After the User completes the payment for the Order, the conclusion of the relevant Agreement with the Supplier is confirmed by sending the Customer to the e-mail address of documents in electronic form containing the parameters of the Service to be provided to the Customer by the Supplier. These documents are also posted in the Personal Account. The paperwork can take a certain amount of time.
Electronic documents confirming the conclusion of the Agreement are:
itinerary receipt of an electronic ticket for Air Carriage;
a travel voucher (voucher / booking confirmation) and (or) an agreement for the sale of a tourism product in relation to the Travel Service;
a voucher (confirmation of booking) and (or) an agreement on temporary accommodation (another agreement) in relation to the Hotel service;
insurance policy in relation to the Insurance service.
3.2.6. In case of late receipt by the Site Operator of information about payment for the Order by the Customer, cancellation of the Order by the Supplier (termination of the Agreement by the Supplier) or for other reasons beyond the control of the Site Operator, the Order is canceled and, if possible, can be restored at the request of the Customer by processing it by the Site Operator considering such requests in order of priority.
3.3. Payment for the Order
3.3.1. The cost of the Order is determined when placing the Order and includes the cost of the Service and may also include the collection of the Site Operator for the provision of services under the Agreement. The cost of the Order is set in rubles. Local authorities in certain countries may impose additional taxes (tourist tax, etc.), which must be paid by the Customer upon arrival at the place.
3.3.2. When paying for the Order with a bank card on the Site, depending on the Supplier, the payee may be the Site Operator or the Supplier, based on the rules and requirements established by the Supplier for the relevant Order.
3.3.3. The cost of the Order is indicated on the Site online and can be changed by the Supplier unilaterally. If there are errors in indicating the cost of the Order that arose in the System through no fault of the Site Operator, the Site Operator, as soon as possible, informs the Customer about this in the manner provided for in clause 3.1.5 of the Offer. The Customer can, at his option, confirm the Order at a new value or cancel the Order. If it is impossible to contact the Customer within 24 hours in any way specified in clause 3.1.5. Of the Offer, it is considered that the Customer did not agree with the change in the cost of the Order, in connection with which the Order is canceled. If the Order canceled in accordance with this clause has been paid, the Site Operator refunds the money paid for the Order to the Customer.
3.3.4. In some cases, when paying by credit card, the Customer may be offered payment in installments (recurring payment). In this case, the Customer pays the first payment once and agrees with the frequency and amounts of subsequent debits, which occur without re-entering the bank card details.
3.3.4.1. Limitations when using payment by installments:
– All recurring payments must be made prior to using the Service.
– If it is impossible to write off the amount of payment for the Order, the Site Operator has the right to cancel the Order.
– The Customer has the right to refuse the Services and thereby terminate the recurring payments ahead of schedule in accordance with clause 4.
3.3.5. The Order not paid in due time is canceled by the Site Operator.
3.3.6. The site operator has the right to charge the Customer with additional service fees, including non-refundable ones.
3.3.7. In order to avoid unlawful use of bank cards, Orders placed on the Site and paid by a bank card may be checked by the Site Operator in accordance with generally accepted rules.
4. Modification of the Agreement. Cancellation of Services.
4.1. The Customer has the right to refuse the Service or, if provided by the terms of the Agreement, amend the Agreement.
4.2. Actions to cancel the Service and amend the Agreement are carried out by the Customer in the Personal Account or by notifying the Site Operator by phone.
4.3. Amendments to the Agreement may be carried out on terms of additional payment in accordance with the terms of the Agreement and Agreement.
4.4. In case of refusal from the Services, the Customer is refunded the money paid for the Order minus fees, forfeits, fines and penalties and other penalties withheld from the Customer in accordance with the terms of the Agreement and Agreement, which the Customer has read and agreed to by paying for the Order. If the funds for the Service have been paid to the Site Operator, the refund of the refundable amounts in the event of the Customer’s refusal from the Services is carried out by the Site Operator after receiving the corresponding funds from the Supplier.
5. Obligations of the Customer. Personal Information.
5.1. In addition to other obligations specified elsewhere in the Offer, the Customer undertakes:
5.1.1. not to use the Site and the System or their content for commercial purposes;
5.1.2. not place speculative, fake or fraudulent Orders or any Orders for the purpose of generating income;
5.1.3. not access the Site and the System, view or copy any content or information from the Site and the System using robots, scrapers, spiders and other automatic means or manual processes for any purpose without the written permission of the Site Operator;
5.1.4. not violate the restrictions in any HTTP headers to block robots on the Site or bypass other measures to prevent or restrict access to the Site;
5.1.5. not to take any actions that cause or may cause, in the opinion of the Site Operator, an excessive or disproportionately large load on the infrastructure of the Site Operator;
5.1.6. not give direct links to any part of the Site for any purpose without the written permission of the Site Operator, or not create “mirrors” or otherwise transfer any parts of the Site to other websites without the prior written consent of the Site Operator
5.2. By accepting the Offer, the Customer gives the Site Operator consent to the processing of his personal data and personal data of other persons to whom the Services will be provided, namely: surname, name, patronymic, address (place of residence (registration), postal, place of stay), numbers and other details of identity documents and other documents, information about the date and place of birth, physical condition, photographs, family composition, bank details and bank card details and other data and information required by the Site Operator to provide services under the Agreement. The processing of personal data is carried out in order to exercise the rights and fulfillment of the obligations of the Site Operator under the Agreement and contracts with counterparties with and without the use of automation tools and includes the collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use , transfer (provision, access), depersonalization, blocking, deletion, destruction of personal data. The Customer agrees to the transfer, including cross-border transfer of personal data, in the required amount by any legal means to the Suppliers and owners of booking systems in accordance with the purposes of processing personal data and applicable law. Consent to the processing of personal data is valid for 30 years and can be revoked at any time by the Customer on the basis of his written Application. The Customer also confirms to the Site Operator that he has the consent of other persons to whom the Services will be provided to the processing of their personal data by the Site Operator.
6. Intellectual property
6.1. All textual information and graphic images on the Site are the property of the Site Operator and / or its counterparties.
6.2. Reprinting, reproduction in any form, distribution, including translation, of any materials from the Site are possible only with written permission and on the terms of the Site Operator.
7. Warranties and liability
7.1. The responsibility of the Site Operator in the process of providing services under the Agreement is limited to the function of organizing and implementing interaction (including information technology) between the Customer and the Supplier in order to conclude an Agreement. The site operator is not responsible for parts, components, hardware and software of payment systems involved in the general process of processing Orders and concluding Agreements.
7.2. If for any reason the Suppliers did not provide or provided incomplete or inaccurate information about the Services to the System, then these circumstances cannot serve as a reason and (or) the basis for the Customer’s claims to the Site Operator, since the provision, content and completeness of information about the Services depend and are the responsibility of the Suppliers. The providers are persons not associated with the Site Operator. Suppliers bear full responsibility in cases of illegal actions on their part, including for misleading Customers regarding the Services provided.
7.3. The site operator is not liable to the Customer in the event of complete or partial inoperability of the Site, the System and their components for any time, as well as in the absence of the Customer’s ability to access the Site and / or the System or incur any indirect or direct losses in connection with given circumstances. All offers, prices, as well as the conditions for the provision of Services may be changed without notifying the Customer, limited in time, availability of places, terms, dates, factors of weekends and holidays, seasonal price fluctuations, as well as strikes and temporary inoperability of booking systems and / or subject to other changes, conditions and restrictions.
7.4. The site operator is not responsible for the negative consequences and losses of the Customer arising from events and circumstances beyond the competence or control of the Site Operator, as well as for the actions (inaction) of other persons, for example:
if it is impossible to fulfill the obligations assumed due to inaccuracy, inadequacy and untimely information and documents provided by the Customer, or violation by the Customer of the terms of the Agreement or the Agreement or documentary requirements;
for the actions of the Suppliers;
for the actions of customs and immigration authorities;
for restriction of the passenger’s right to leave the host country or other point of departure by the competent authorities of the respective country;
for the actions of consulates of foreign states, including for the delay, refusal or change in the timing of the issuance of entry visas;
for the consequences of violation by the Customer of customs and border formalities, rules of travel and baggage transportation, as well as violation of special rules of conduct in the country of temporary stay;
if the Customer does not have supporting documents, the presence of which is necessary for the provision of the Service in accordance with the terms of the Agreement;
for non-compliance by the Customer and other persons with the conditions and rules for the provision of the Service established by the Supplier;
for the absence of issued foreign passports, relevant documents regulating the departure of minors under the age of 18;
for the authenticity and correctness of the passenger’s documents (the reliability of the information contained therein).
7.5. The customer confirms and guarantees that he, in particular, is familiar with and agrees:
with the requirements for the design and availability of documents required for the provision of the Services by the Supplier. The passenger should independently familiarize himself with and comply with all the requirements of the country to which he is traveling;
with the terms and conditions for the provision of Services by the Supplier;
with the requirements for foreign passports and other formal documents, including the residual period of validity of the foreign passport, necessary to obtain a visa and enter the host country;
about the features and rules of border (customs) control (regime) of the country of residence and foreign states;
on the obligation to comply with customs and border regulations;
that passengers are solely responsible for the validity of foreign passports, consent for the departure of minors and other documents required to cross the border, for the accuracy of the information contained in these documents;
that the deportation of a passenger with invalid entry or exit documents is carried out exclusively at the expense of the passenger. The customer is obliged to independently obtain the necessary information on the deportation procedure at the consulate of the respective country.
7.6. The parties are exempt from liability for improper performance or non-performance of obligations under this Agreement in the event of force majeure circumstances, the parties include the following circumstances: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, military actions of any nature, strikes, introduction of a state of emergency or martial law, embargo, changes in legislation, the European Union or the host or transit country, actions of customs and sanitary control authorities, cancellation of bus, ferry and other transport services, taxi routes, traffic on the roads , the publication by the authorities of normative acts that entailed the impossibility of proper performance by the Parties of their obligations and other circumstances that the parties cannot influence and prevent.
7.7. On the occurrence (and termination) of the circumstances specified in clause 7.6 of the Offer, the party for which it was impossible to fulfill its obligations under the Agreement is obliged to immediately notify the other Party. Failure to notify or untimely notification of these circumstances deprives the parties of the right to refer to these circumstances and does not exempt from liability under the Agreement. The deadline for the fulfillment of obligations by the parties under the Agreement is postponed in proportion to the time during which such circumstances will operate. If the circumstances continue for more than 14 (fourteen) days, either party will have the right to refuse to fulfill its obligations under the Agreement. The presence of these circumstances is confirmed by the relevant decisions of federal bodies of state power, bodies of state power, bodies of local self-government, adopted by them in accordance with the legislation.
8. Changes to the Offer
The site operator has the right to make changes to the Offer at any time without notifying the Customer about the changes made.
9. Information about the Website Operator
Incloud World s.r.o.
Requisites:
Brtnická 1034/8, Michle, 101 00 Praha 10, Czech Republic
ICO: 02918951
