Offer

This document is an official offer of Apatite Hills s.r.o. (hereinafter referred to as the “Contractor”) to conclude an agreement on the following conditions.

The current version of the Offer is located at:  https://apatitehills.com/oferta/

The Offer may be withdrawn by the Contractor at any time before its acceptance.

The Offer can be changed by the Contractor without any special notification to the Customer, the new version of the Offer comes into force from the moment it is posted on https://apatitehills.com /, unless otherwise provided by the new version of the Offer.

1. Definitions

“Acceptance of the Offer” — full and unconditional acceptance of the Offer by the Customer performing the actions specified in this Offer.

The Customer is an individual who has accepted the Offer.

“Order” is a duly executed request of the Customer for the provision of the Service selected on the Website.

“Website” is an object used by Apatite Hills s.r.o. intended for the search, selection and sale of a tourist product, bringing information to the public, obtaining information, exchanging and implementing other functionality on the Internet through accessing the domain apatitehills.com

“Service” means any of the following services provided by the respective Suppliers:

• air transportation of passengers (“Air transportation”);
• tourist product (“Tourist Service”);
• a hotel service, a service of a sanatorium-resort organization or other service for temporary accommodation and stay of individuals (“Hotel service”);
• insurance-related service (“Insurance Service”).

“Supplier” – a person (company) providing a Service to the Customer.

2. General provisions.

2.1. Acceptance of the terms (acceptance) set out in the Offer is the fact that the Customer pays the cost of the Order.

2.2. The Contractor provides services for providing the Customer with the information contained on the Website and booking Services in accordance with the parameters set by the Customer, as well as for registration, modification, cancellation of the Order (if changes to the Order or cancellation of the Order cannot be carried out without the participation of the Contractor).

2.3. Contracts for the provision of Services within the framework of Orders, information about which is contained on the Website, are concluded by the Customer with Suppliers. The Services are provided to the Customer on the terms determined by the Suppliers. The Contractor does not independently provide Services and is not responsible for the quality of Services provided by Suppliers.

2.5. Unless otherwise established in accordance with applicable law or the rules (terms of Service) Suppliers, the Customer confirms that electronic documents and data received from the Contractor are considered by the Customer as legally significant documents drawn up in writing, outgoing and signed by the sender according to all the rules of traditional paperwork in writing.

2.6. The Parties have agreed that letters, messages, notifications sent by e-mail from and to the address (the Contractor’s e-mail address is specified in Section 8 of the Offer, the Customer’s e-mail address is specified by the Customer when placing an Order) are documentation originating from the Party under the Contract.

3. The procedure for placing an Order.

3.1. The exchange of information between the Contractor and the Customer regarding the Order and the fulfillment of their other obligations under the Agreement is carried out by e-mail, the address of which was specified by the Customer when placing the Order. In this regard, the Customer undertakes to regularly, until the completion of the provision of Services, independently check his e-mail for information about possible changes in the status of the Order, and if necessary, contact the Contractor for information by phone indicated on the Website or through the feedback form posted on the Website.

3.2. Making An Order.

3.2.1. The Customer independently executes the Order. The Contractor or the Supplier will have the right to cancel part of the Customer’s reservation, and the Contractor is not responsible to the Customer for any consequences of such cancellation for the Customer.

3.2.2. The Customer is obliged to familiarize himself with all the essential terms of the Order, including the rules and deadlines for the provision (provision) of the Service by the Supplier, the rules for changing or rejecting the Service, payment and refund of the cost (part of the cost) of the Service, etc., during the ordering process. If the Customer does not understand any terms of the Offer (Contract), Order (Service), including the conditions of refusal, refund, making any changes to the completed Order, the Customer must clarify the information he needs from the Contractor before the Order is paid.

3.2.3. Orders placed by the Customer are final. By the fact of payment of the Order, the Customer confirms his full and unconditional agreement with the terms of the Offer, and also confirms the correctness of all the data entered by him when placing the Order (names, dates, details of documents, addresses, etc.).

3.2.4. After the Customer completes the payment of the Order, the conclusion of the relevant Contract with the Customer is confirmed by sending the Customer documents in electronic form containing the parameters of the Service to be provided to the Customer by the Supplier to the e-mail address. The paperwork may take some time.

Electronic documents confirming the conclusion of the Contract are:

* itinerary receipt of an electronic ticket for air transportation;

* a tourist voucher (voucher/booking confirmation) and (or) a contract for the sale of a tourist product in relation to a Tourist service;

* a voucher (booking confirmation) and (or) a temporary accommodation agreement (other agreement) in relation to a Hotel service;

* insurance policy in relation to the Insurance Service.

3.2.5.In case of late receipt by the Contractor of information about the payment of the Order by the Customer or cancellation of the Order by the Supplier or for other reasons beyond the Contractor’s control, the Order is canceled and, if possible, can be restored at the request of the Customer by processing it by the Contractor, considering such requests in order of priority.

3.3. Payment Of The Order.

3.3.1. The cost of the Order is determined in rubles when it is placed on the Website and includes the cost of the Service and may also include the Contractor’s fee for the provision of services. If there are errors in specifying the cost of the Order that have arisen in the booking system regardless of the actions of the Contractor, the Contractor will inform the Customer about this as soon as possible. The Customer may, at his choice, confirm the Order at the corrected cost or cancel the Order. If it is impossible to contact the Customer within 24 hours by the method specified in clause 3.1. this Agreement, it is considered that the Customer did not agree with the changes in the cost, and therefore this Order is canceled.

If the Order cancelled in accordance with this paragraph has been paid, the Contractor returns to the Customer the money paid for the Order.

3.3.2. The Services must be paid for using one of the methods offered on the Website. Payments are accepted using payment systems that have the right to refuse to make a payment.

The payment date is the date of receipt of the payment to the Contractor’s bank account specified in section 9 of the Offer.

3.3.3. Features of payment using bank cards on the Website:

Payment for Services is carried out using bank cards.

Payment by bank card is made after verification and confirmation of the Order with forwarding to the payment gateway.

The Customer guarantees that he is the holder of the bank card used to pay for Services, and is fully responsible to the Contractor for violation of this guarantee.

It is not allowed to pay for Services using a bank card by the Customer if he is not its holder.

When paying for Services, the Customer – the bank card holder enters the following bank card details: bank card number (without spaces), first and last name of the bank card holder, the validity period of the bank card, verification number.

The transfer of this information is carried out in compliance with all necessary security measures. The payment gateway complies with international security standards, the PCI DSS 3.1 enhanced reliability standard.

The confidentiality of the details and payments specified by the Customer is guaranteed by a secure data transfer mode (SSL).

If the Customer’s issuing bank supports 3D Secure technology, then in accordance with the requirements of 3D Secure technology, when paying for an Order, the issuing bank may require the Customer, the bank card holder, to undergo additional identification. The need for additional identification and its method is determined by the issuing bank or payment gateway.

Payment is considered to be made after authorization by the issuing bank of the Customer’s bank card.

3.3.4 The Contractor reserves the right to request additional documents proving the identity of the Customer in order to confirm the validity of using a bank card and in other cases.

3.3.5. The Contractor has the right to charge the Customer additional service fees, including non-refundable.

4. Amendment of the Contract. Refusal of Services.

4.1. If changes are made at the initiative of the Customer, the Contractor makes changes to the Order and sends it to the Customer’s email address specified by the Customer when placing the Order. After the Contractor receives confirmation of the Customer’s consent with the modified Order, which the Customer sends to the Contractor’s email address specified in section 8 of the Offer, the previous version of the Order becomes invalid, and the changes made come into force. At the same time, the funds, minus the expenses actually incurred by the Contractor, are taken into account for the new Order.

4.2. If the Supplier does not confirm the possibility of providing the Service chosen by the Customer, the Contractor informs the Customer about it by phone and / or e-mail, the number and address of which are indicated when placing the Order, and has the right to offer the Customer the possibility of implementing an alternative Service that meets the characteristics previously specified in the Order.

4.3. In case of cancellation by the Customer of the paid Order, the payment for which was received by the Contractor, the cost of the canceled Order, minus the actual expenses of the Contractor, is transferred to the Customer according to the details specified in the refund application. Actual expenses are understood as expenses incurred by the Contractor in order to organize the execution of the Customer’s Order for the provision of Services, including fines (if any) withheld by Suppliers and other persons providing Services.

5. Obligations of the Customer. Processing of personal data.

5.1. The Customer undertakes:

5.1.1. When placing an Order, fill in all the fields of the Order correctly, including specifying reliable personal data, both your own and other persons in whose favor the Service is ordered;

5.1.2. When placing an Order on the Website, specify your contact details necessary for the Contractor’s operational communication with the Customer (e-mail address and phone number);

5.1.3. Timely, no later than within the deadline set by the Contractor, to send and/or transmit reliable information and appropriate documents necessary for the execution of the Contract (the list of documents and the deadline for their provision are established by the Contractor in the notification sent to the Customer;

5.1.4. Do not violate the restrictions in any HTTP headers to block robots on the Site or circumvent 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 Contractor, an excessively or disproportionately large load on the Contractor’s infrastructure;

5.1.6. Not to provide direct links to any part of the Site for any purpose without the written permission of the Contractor, or not to create “mirrors” or in other ways transfer any parts of the Site to other websites without the prior written consent of the Contractor.

5.2. By accepting the Offer, the Customer, acting freely, by his will and in his interest, gives consent to the Contractor to process his personal data and / or gives consent to the Contractor to process personal data and personal data of other persons to whom the Services will be provided:

– surname, first name, patronymic;

– gender, date of birth, month and year of birth;

– contact phone number;

— email address;

– data of the documents specified in the Order;

– data on citizenship;

– country of birth;

– cookies, OS type and version, browser type and version, device type and screen resolution, the source from where the Customer came to the Site, from which site or from which advertisement, OS and browser language, what actions the Customer performs on the Site, ip address.

The Customer’s consent to the processing of his and/or personal data of other persons to whom Personal data Services will be provided is specific, informed and conscious.

5.3. The Customer agrees to receive the Contractor’s and/or Supplier’s information materials via the communication channels specified by the Customer, including cellular, telephone and e-mail.

5.4. If the Customer does not agree to the processing of his personal data and/or if the Customer does not agree to receive information materials, the Customer must send an application to the email address: [email protected] or in writing to the address: 562/41 Zagrebska str., Vinohrady, 120 00, Prague 2, Czech Republic.

If the Customer withdraws consent to receive information materials, the Contractor stops sending information materials to the Customer within a period not exceeding three working days.

6. Guarantees and liability of the Parties.

6.1. The Contractor’s responsibility in the process of rendering services under the Contract is limited to the function of organizing and implementing interaction (including information technology) between the Customer and the Supplier in order to conclude the Contract. The Contractor is not responsible for the parts, components, equipment and software of payment systems involved in the general process of processing Orders and concluding Contracts.

6.2. The Contractor shall not be liable to the Customer in the event of complete or partial inactivity of the Site for any time, as well as in the absence of the Customer’s access to the Site or causing him any indirect or direct damages in connection with these circumstances. All offers, prices, and terms of service may be changed without notice to the Customer, limited in time, availability, dates, dates, factors of weekends and holidays, seasonal price fluctuations, as well as strikes and temporary inactivity of booking systems and/or subject to other changes, conditions and restrictions.

6.3. The Contractor is not liable to the Customer for the losses incurred and other negative consequences that have arisen:

• due to the actions of embassies (consulates) of foreign states and other organizations, including for the refusal of a foreign embassy (consulate) to issue (delay) entry visas to the Customer;
• in case of non-payment or incomplete payment by the Customer of the cost of Services;
• due to the unreliability, insufficiency and (or) untimely provision by the Customer of information and documents necessary for the execution of the Contract;
• for the refusal of the Customer to exit / enter when passing passport border or customs control, or the application of penalties to the Customer by the bodies carrying out border or customs control for reasons unrelated to the fulfillment by the Contractor of its obligations under the Contract;
• due to the Customer’s lack of necessary documents (passports, permits, approvals, visas);
• due to cancellation or change of departure time of flights (including replacement of flights), trains or other vehicles. In this case, the carrier is responsible in accordance with international transport regulations.;
• due to the loss, loss, theft of personal baggage, valuables and documents of the Customer during the trip.

6.4. The Customer confirms and guarantees that he, in particular, is familiar with and agrees:

• with the requirements for registration and availability of documents required for the provision of Services by the Service Provider. The customer should familiarize himself with and fulfill all the requirements of the country to which he is sent;
• with the terms and conditions for the provision of Services by the Supplier;
• with the requirements for passports and other formal documents required to obtain a visa and enter the host country;
• about the features and rules of border (customs) control (regime);
• on the obligation to comply with customs and border regulations;
• that passengers are solely responsible for the validity of passports, 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 solely at the expense of the passenger. The customer is obliged to independently obtain the necessary information about the deportation procedure at the consulate of the relevant country.

6.5. The Customer independently bears all the risks associated with not specifying / improperly specifying the personal data of the persons in whose favor the Service is ordered, as well as with improper notification of these persons about the conditions / changes in the terms of Service, errors made when choosing dates, class of service and other Order parameters.

7. The term of the Agreement and the procedure for its amendment and termination

7.1. The Agreement may be amended or terminated, in the cases and in the manner prescribed by law.

7.1.1. The Customer has the right to refuse the Services and receive a refund of the funds paid for the Services with deduction of the Actual expenses incurred from them in case the Contractor changes the essential conditions for the provision of the Service specified in the Order, or agree to the terms of the Service changed by the Contractor, while in case of an increase in the total cost of the Services, make the necessary additional payment.

7.2. Each of the Parties has the right to demand modification or termination of the Agreement in connection with significant changes in the circumstances from which the Parties proceeded at the conclusion of the Agreement. Significant changes in circumstances include: deterioration of the conditions for the provision of Services specified in the Contract; change in the timing of the provision of Services, an unforeseen increase in tariffs.

Upon termination of the Contract due to material changes in circumstances, the Contractor returns the funds received from the Supplier to the Customer within 30 (thirty) working days from the date of receipt of funds from the Supplier, minus the actual expenses incurred related to the fulfillment of obligations under the Contract.

The Customer is responsible for any consequences arising from the Customer’s lack of information about changes in the Order that occurred for reasons beyond the Contractor’s control (for example, cancellation or postponement of the flight, delay by the Customer’s bank in paying for the Order, tariff changes, etc.).

7.3. The Customer has the right to terminate the Agreement on condition that the Contractor pays the actual expenses incurred related to the fulfillment of obligations under this Agreement. In this case, within 30 (thirty) working days from the date of receipt of funds by the Contractor from the Supplier, the funds deposited in the payment account for Services are returned to the account from which the payment for Services was made, with deduction of the actual expenses incurred from them.

7.4. The Contract will be terminated by the Contractor after additional confirmation by the Customer of the termination operation in one of the following ways:

• verbally by the Customer’s phone number specified in the Order;
• in writing by the Customer’s e-mail specified in the Order, in response to the Contractor’s letter.

7.5. If the Customer was provided with proper Services, and he, on his own initiative or as a result of his guilty actions, did not use all or part of the Services provided (including due to lack of proper documents, delay in flight registration, official refusal to leave or enter the country of temporary stay, deportation, etc.), then in this case the Contractor does not refund for the Services rendered, which the Customer did not use.

7.6. If the Customer discovers improper performance or non-performance of the ordered Services, the Customer must immediately notify the Contractor’s employees about this in order to take timely measures that satisfy all parties.

8. Address and details of the Contractor

Executor Apatite Hills s.r.o. Room: 119 30 187 Address: 562/41 Zagrebska str., Vinohrady, 120 00, Prague 2, Czech Republic Телефон: +420 797 611 222