TERMS AND CONDITIONS

of the company

Kangelo Media s.r.o.,

ID No. 07951701, with registered office at Vlkova 679/39, Žižkov, 130 00 Prague 3, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 310422 (hereinafter referred to as "Kangelo")

for use of the www.kangelo.com website and/or the Kangelo mobile application (collectively, the "Kangelo Application" or "Kangelo App").

 

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions of the Kangelo company (hereinafter referred to as "Terms and Conditions") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with the use of the Kangelo App by third parties and the conclusion of an agency agreement between Kangelo and a third party (hereinafter referred to as the "customer") for the purpose of arranging the conclusion of a tour contract or other contract for the provision of travel services (hereinafter referred to as the "contract") between the customer and a partner offering its services (also referred to as "adventures" in the Kangelo App) via the Kangelo App. These Terms and Conditions shall also apply, to the extent applicable, to partners (travel agents, guides, etc.) who offer their services to customers through the Kangelo App (hereinafter referred to as the "partner"). The provisions of these Terms and Conditions relating to customers shall therefore also apply to partners to the extent applicable. However, if a provision of these Terms and Conditions refers only to a partner, then that provision shall not apply to customers. 

1.2. Kangelo is not a travel office (in Czech: “cestovní kancelář”). Kangelo does not offer the sale of its tours through the Kangelo App. Kangelo is not insured against bankruptcy.

1.3. Kangelo facilitates the conclusion of contracts between customers and partners through the Kangelo App. Kangelo is not a party to the contracts concluded between the customer and the partner. The company Kangelo has within its subject of business: 'Production, trade and services not specified in annexes 1 to 3 of the Trade Licensing Act' registered (among others) the field of activity: 'Operation of a travel agency and guide activities in the field of tourism'.

1.4. The provisions of the Terms and Conditions are an integral part of the agency agreement concluded between Kangelo and the customer. The provisions of the Terms and Conditions are also an integral part of the contract concluded between Kangelo and the partner.

1.5. Changes to these Terms and Conditions will generally be made via the acceptance of the new version of the Terms and Conditions electronically within the Kangelo Application by the customer. However, Kangelo reserves the right to unilaterally change the provisions of these Terms and Conditions from time to time. In this case, Kangelo will notify the customer of the amendment to the Terms and Conditions by sending a notice/message to the customer via the Kangelo App or to the customer's e-mail address provided during registration. The amended terms and conditions become effective on the 15th day after the amended version is sent to the customer. The customer shall have the right to reject the amended version of the Terms and Conditions in writing within 15 days from the date it was sent out and to withdraw from these Terms and Conditions with a notice period of 1 month starting from the date of delivery of the written withdrawal to Kangelo. If the customer fails to do so, the customer shall be bound by the new wording of the Terms and Conditions. If the customer rejects the revised Terms and Conditions, then the customer may not be able to use the Kangelo App.

1.6. The offer of all services listed / advertised in the Kangelo App is compiled and regularly updated on the basis of data received electronically from partners who are the provider / organizer of the services offered. All such data is valid as of the date of its publication in the Kangelo App. Kangelo is not responsible for any subsequent changes to individual offers by individual partners.

2. USER ACCOUNT

2.1. Based on the customer's registration in the Kangelo App, the customer can access his/her user interface. From his/her user interface, the customer can order services (hereinafter referred to as the "user account").

2.2. When registering in the Kangelo Application and ordering services, the customer is obliged to provide correct and truthful information. The customer is obliged to update the information provided in the user account immediately upon any change. The information provided by the customer in the user account and when ordering services shall be deemed to be correct and true.

2.3. Access to the user account is secured by a username and password. The customer is obliged to maintain the confidentiality of the information necessary to access his/her user account.

2.4. The customer is not entitled to allow third parties to use the user account.

2.5. Kangelo may unilaterally cancel the user account, in particular if the customer does not use his/her user account for more than 12 months or if the customer breaches his/her obligations under these Terms and Conditions, the agency agreement or the contract.

2.6. The customer acknowledges that the Kangelo Application may not be available continuously, in particular with regard to the necessary maintenance of Kangelo's hardware and software equipment or the necessary maintenance of third party hardware and software equipment. The customer shall not have any rights or claims against Kangelo due to the unavailability of the Kangelo Application within the meaning of this paragraph. 

3. ORDER AND CONCLUSION OF THE CONTRACT

3.1. All presentation of the services on the Kangelo App is for informational purposes only and neither Kangelo nor the partners are obligated to enter into a contract regarding the services offered. Section 1732 (2) of the Civil Code shall not apply.

3.2. The Kangelo App contains information about the services offered, including prices for each service. The prices of the services are inclusive of value added tax and all related fees, unless otherwise stated in the offer. The prices of the services are for information only until the conclusion of the contract between the customer and the partner and are subject to change over time. At the time of accepting an order / making a booking, Kangelo has no information as to whether or not the service is still available. This information is only confirmed and possibly clarified subsequently by the respective partner.

3.3. The customer is aware that the partner may use third parties for the purpose of providing the advertised services.

3.4. To order (book) services, the customer shall fill in the order (booking) form in the Kangelo Application. The order form contains in particular information about:

3.4.1. the customer and partner,

3.4.2 the service ordered and its price, and

3.4.3 terms of service 

(hereinafter collectively referred to as the "order").

3.5. Before sending the order, the customer is allowed to check and change the data that the customer has entered in the order, including with regard to the customer's ability to detect and correct errors arising from entering data in the order. The customer shall submit the order by clicking on the "confirm booking" button. It is assumed that the information provided in the order is correct and true. After the order has been sent, Kangelo will contact the partner to book the service. Kangelo then informs the customer whether or not the service has been booked via the Kangelo App, email or phone number provided by the customer in the user account.

3.6. Depending on the nature of the order (quantity of services, price, etc.), Kangelo is always entitled to ask the customer for additional confirmation of the order (e.g. in writing or by telephone).

3.7. If the booking made by the customer is accepted by the partner, the customer will be provided with a draft contract between the customer and the partner or a confirmation of the trip by Kangelo or the partner, together with the necessary instructions regarding payment of the price and use of the service. The contract with instructions is sent to the customer via the Kangelo App or by email or post. Kangelo or the partner may inform the customer of the deadline for acceptance of the contract proposal; if the contract proposal is accepted after this deadline, the partner has the right to refuse the conclusion of the contract. If the customer is not notified of the time period for acceptance of the contract, the contract proposal needs to be accepted by the customer within 3 days of receipt.

3.8. If the subject of the contract is a tour organised by a travel office, Kangelo or a partner shall, before the conclusion of the tour contract, submit to the customer, at the customer's request, proof of insurance of the guarantee against failure to provide the agreed services to the customer due to the bankruptcy of the travel office to the extent provided by law or a bank guarantee against the bankruptcy of the travel office for which Kangelo arranges the sale of the tour. 

3.9. If the subject of the contract is a tour organised by a travel office, Kangelo or a partner shall also provide the customer with information pursuant to Section 9a of Act No. 159/1999 Coll. on the appropriate form before the customer makes a binding order or before the conclusion of the contract. Kangelo is also obliged, when arranging the sale of a tour, to receive reports, requests or complaints from the customer concerning the tour whose sale it has arranged for the customer and to forward them without undue delay to the tour operator.

3.10. The contract between the customer and the partner is concluded if the customer accepts the contract proposal and pays the price of the service in the specified manner. The customer's obligation to pay the price of the service arises upon acceptance of the draft contract. The customer acknowledges and agrees that the contract between the customer and the partner may be governed by the partner's terms and conditions. The customer further acknowledges and agrees that, except as expressly provided in these Terms and Conditions and applicable law, the customer shall not have any rights or claims against Kangelo in connection with the conclusion of the contract.

3.11. The customer agrees to the use of remote means of communication when concluding the contract. The costs incurred by the customer in using remote means of communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls) shall be borne by the customer.

3.12. Unless expressly stated otherwise in the description of the service, the customer is not entitled to assign the rights and obligations under the contract to a third party without the written consent of Kangelo and the partner.

4. PRICE OF SERVICES AND PAYMENT TERMS

4.1. The customer may pay the price of the services under the contract to Kangelo in the following ways:

- cashless transfer to Kangelo account no. 2902075211 / 2010, kept at Fio banka, a.s. (hereinafter referred to as "Kangelo account");

- cashless through the Kangelo App payment system.

4.2. The customer is given payment instructions in the Kangelo App or by email, or the payment details are included in the contract proposal or tour confirmation.

4.3. The customer shall transfer the payment to Kangelo's account with the understanding that Kangelo shall subsequently transfer the funds to the partner's account after deducting the commission as set out in the price list agreed between Kangelo and the partner.

4.4. If the partner is obliged to change the terms of the contract or the price of the service for objective reasons, the customer has the option to withdraw from the contract within five days of receipt of the proposal to change the contract; otherwise, the customer is deemed to have agreed to the proposed change.

4.5. In the case of cashless payment, the customer is obliged to pay the price of the services together with the variable symbol of the payment. In the case of cashless payment, the customer's obligation to pay the price is fulfilled when the relevant amount is credited to Kangelo's account.

4.6. These payment terms under Article 4 of these Terms and Conditions do not apply if the customer, after an agreement with Kangelo, pays the price for the service directly to the partner. In this case, the payment terms of the respective partner shall apply.

4.7. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, Kangelo shall issue a tax document - an invoice - to the customer in respect of payments made under the contract. Kangelo is not subject to value added tax. Kangelo shall issue the tax invoice to the customer after payment of the price for the services and send it in electronic form to the customer's electronic address.

4.8. According to the Sales Records Act, Kangelo may be obliged to issue a receipt to the customer in the cases provided for in this act. At the same time, it may be obliged to register the received sales with the tax authorities online; in case of technical failure, within 48 hours at the latest.

5. CANCELLATION OF THE SERVICE AND WITHDRAWAL FROM THE CONTRACT

5.1. The customer acknowledges that prior to the commencement of the provision of the services, the customer may only withdraw from the contract (cancel the services) under the terms and conditions set out by the partner in its terms and conditions. The customer acknowledges that withdrawal from the contract (cancellation of the service) may be conditional upon the obligation to pay the termination fee set out in the partner's terms and conditions. In the event that the conditions for cancellation are not specified in the partner's terms and conditions or in the information provided for the service in the Kangelo App, the cancellation conditions set out in the applicable legislation shall apply.

5.2. Withdrawal from the contract (cancellation) must be made exclusively in writing and sent to the email address info@kangelo.com or to Kangelo's databox or to the address of Kangelo's registered office. This provision does not exclude the possibility of withdrawal by the customer according to the terms and conditions of the respective partner.

5.3. In the event of a breach of an obligation for which the organising partner is liable, the customer is entitled to claim compensation for damage to property, damages for disruption of the holiday, in particular if the trip is cancelled or substantially shortened. The customer is also entitled to this right in the event of cancellation of the contract or in the event of exercising a right based on defects in the tour.

5.4. In the event of a valid withdrawal from the contract, Kangelo or the partner shall refund the funds received from the customer less any cancellation fee within 14 days of the customer's withdrawal from the contract.

6. CONDITIONS FOR PARTNERS

6.1. Partners are only entitled to offer their services through the Kangelo App after prior registration and approval by Kangelo. 

6.2. The partner represents and warrants that it meets all conditions set forth by applicable law and these Terms and Conditions for the provision of the services offered by it.

6.3. The partner is obliged to inform Kangelo without delay of any changes concerning his/her person that could affect the provision of the services under these Terms and Conditions, in particular (but not exclusively) concerning his/her capacity to provide the services. Kangelo shall not be liable for damages arising from the fact that the partner does not meet the conditions necessary for the provision of the services offered by him/her contrary to his/her declarations. Kangelo is also not liable for damages incurred by the customer as a result of the partner's breach of duty, nor is Kangelo liable for damages incurred by the partner as a result of the customer's breach of duty, unless otherwise provided by law.

6.4. The partner agrees that the price for the services advertised through the Kangelo App and paid by the customer will be charged by Kangelo a commission for the mediation of the conclusion of the contract in the amount set out in the price list, which will be provided to the partner during or after registration.

6.5. The partner is obliged to provide only true and accurate information for the advertised services. The partner is also obliged to provide only true and accurate information about his/her person. Kangelo shall not be liable for any damage caused by the partner due to provision of false or inaccurate information in the advertised services, in particular (but not exclusively) regarding price, difficulty, etc.

6.6. The partner is aware that Kangelo is not a party to the contract concluded between the customer and the partner, and therefore no rights and obligations arise for the Kangelo in connection with the concluded contract, except those expressly stated in these Terms and Conditions or applicable law.

6.7. The partner, if he/she acts as the tour operator, is obliged to inform the customer truthfully, comprehensibly, completely and properly about all facts known to the partner and which may influence the customer's decision to purchase the service, in particular:

a) the main details of the tourism services, namely  1. the destination of the journey or stay, the itinerary and duration of the stay, including dates and, if accommodation is included, the number of nights,  2. the means of transport, their characteristics and category, the places, dates and times of departure and arrival, the duration and locations of stops and transport connections; if the exact time is not yet fixed, the tour seller shall inform the approximate time of departure and arrival,  3. location, the main signs and the tourist category, if any, in which the accommodation is classified according to the rules of the country of destination or stay,  4. the meals,  5. the visits, excursions or other services included in the total price of the tour,  6. whether any of the tourism services will be provided to the customer as part of a group and, if so and if possible, the approximate size of the group, unless this is obvious from the context,  7. the language in which other tourism services will be provided if the customer's use of these services depends on oral communication, but unless otherwise specified in the specific offer, these services shall be provided in English, and  8. whether the travel or stay is generally suitable for persons with reduced mobility, provided that, unless otherwise stated in the specific offer, the travel or stay is not suitable for persons with reduced mobility and, at the request of the customer, precise information on the suitability of the travel or stay with regard to the needs of the particular customer,

b) the business name and address of the organiser's registered office or residence, and, where applicable, the address or residence of the tour sales agent, their telephone numbers and e-mail addresses,

c) the total price for the tour, including taxes, fees and other similar monetary benefits and any other costs, if any, or, if such costs cannot be reasonably quantified before the conclusion of the contract, the type of additional costs that may still be incurred by the customer,

d) the method of payment, including the amount or percentage of the price to be paid as a deposit, and the timetable for payment of the remainder of the price or cash security to be paid or provided by the customer,

e) the minimum number of persons required for the tour to take place and the period within which the travel office may withdraw from the contract before the tour commences, in accordance with Section 2536(1)(a) of the Civil Code,

f) passport and visa requirements, including approximate time limits for visa processing, and the medical formalities of the state of destination,

g) that the customer may withdraw from the tour contract at any time before the commencement of the tour against payment of a reasonable early termination fee or early termination fee set by the tour operator in accordance with the Civil Code, including information on the amount of the early termination fee,

h) insurance to cover the costs associated with the termination of the contract by the customer or assistance costs including repatriation in the event of accident, illness or death. 

6.8. The partner, if he/she is the tour operator, is obliged to provide the customer in writing at least 7 days before the start of the tour with detailed information that is not included in the contract, tour confirmation or catalogue and that is important for the customer. Such information shall be understood in particular as referred to in Section 2529 of the Civil Code. If the contract is concluded less than seven days before the start of the tour, the organiser shall fulfil the obligations under paragraphs 1 and 3 of Section 2529 of the Civil Code at the time of conclusion of the contract.

6.9. The partner is obliged to maintain confidentiality with regard to all facts that are of a commercial secret nature.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. In accordance with Sections 2537 (2) and 2540 of the Civil Code, the customer may lodge a claim against the tour partner with Kangelo as intermediary. Kangelo undertakes to resolve any claim without undue delay, at the latest within 30 days of receipt of the claim, regardless of whether the claim is made by the customer or by the person in whose favour the contract was concluded. To the extent permissible by applicable law, Kangelo disclaims liability for the partner's (failure to) handle a complaint in violation of the law.

7.2. Kangelo recommends that any complaints about the tour or services be resolved with the organizer at the place of the tour or service so that the defects can be removed or corrected immediately.

7.3. If the customer so requests, Kangelo or the partner shall confirm to the customer in writing to what extent and for how long the customer's obligations in the event of defective performance shall apply. If necessary, Kangelo or the partner shall explain in the confirmation in a comprehensible manner the content, scope, conditions and duration of its liability as well as the manner in which the rights arising therefrom can be exercised. If the nature of the matter does not prevent it, such confirmation may be replaced by a contract or other document containing the specified information.

7.4. The customer has the right to complain about the service in writing at the address of the registered office / business premises of Kangelo or the partner. Kangelo or the partner is obliged to issue the customer with a written confirmation of when the customer exercised the right, what is the content of the complaint and what method of handling the complaint the customer requires; as well as a confirmation of the date and method of handling the complaint, or a written justification for the rejection of the complaint.

7.5. The partner shall be liable to the customer for the fulfilment of the obligations under the contract, regardless of whether other persons provide tourism services.

7.6. Other rights and obligations of the parties relating to Kangelo's liability for defects may be regulated by Kangelo's Complaints Regulations.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. If these Terms and Conditions refer to terms and conditions of the partner that contradict these Terms and Conditions, the contract is nevertheless concluded with the content specified to the extent that the terms and conditions do not contradict. In such a situation, the conflicting provisions shall be governed by these Terms and Conditions.

8.2. Kangelo is not bound by any codes of conduct in relation to the customer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. Consumer complaints are handled by Kangelo via the electronic address info@kangelo.com. Kangelo will send information about the handling of the customer's complaint to the customer's electronic address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of- court settlement of consumer disputes arising from the mediation contract and the contract. The online dispute resolution platform is located at http://ec.europa.eu/consumers/odr.

8.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. Kangelo is authorised to operate the Kangelo App on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.7. The customer hereby assumes the risk of change of circumstances within the meaning of §1765 paragraph 2 of the Civil Code.

9. DATA PROTECTION

9.1. Kangelo fulfils its information obligation towards its customers within the meaning of Articles 13 and 14 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), related to the processing of personal data of customers through a specific document called "Privacy Policy", which is available in the Kangelo App.

10. COMMUNICATION

10.1. Any communication may also be delivered to the customer's electronic address provided in the customer's user account or via the Kangelo App interface.

11. FINAL PROVISIONS

11.1. If the relationship established by an agency agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the customer who is a consumer is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

11.3. The concluded contract is archived by the company / partner for at least ten years after its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful performance and protection of legitimate interests (assertion of rights under the contract in court proceedings within the objective limitation period, etc.). The contract shall not be accessible to third, non-interested private parties. The customer has the right to request access to the written contract between him/her and Kangelo and/or the partner. Information on the various technical steps leading to the conclusion of the contract is apparent from these Terms and Conditions and the partner's terms and conditions, where the process is clearly described. These Terms and Conditions are available on the Kangelo App and can thus be archived and reproduced by the customer.

11.4. Contact details of Kangelo: delivery address Vlkova 679/39, Žižkov, 130 00 Prague 3, email address info@kangelo.com, telephone +420 774 854 722.

 

These Terms and Conditions are effective as of 1 January 2022.