Terms and Conditions

Effective from the date of publication.
Date of publication 1st November 2023.

  1. Introduction.

    These Terms and Conditions, which might change from time to time, are the legal agreement between:

    1. PragueWithLove, Victoria Domská, located at Zelenečská 510/59, 198 00 Prague, Czech republic (aka PragueWithLove, us, or our); and
    2. you - a person or entity who uses the PragueWithLove's site accessible via the www.praguewithlove.cz website and subdomains (aka the Site) to look for and/or book sightseeing tours and activities and other related services (aka the Tours), and/or takes part in tours booked through PragueWithLove and/or the Site.

  2. Acceptance of These Terms and Conditions.

    You confirm and guarantee that:

    1. You have read, understood, and agreed to comply with these Terms and Conditions.
    2. You are an individual who is at least 18 years old or a legally established business, organization, or entity in good standing under the applicable laws.
    3. You have the legal capacity to enter into binding contracts.
    4. PragueWithLove has not forbidden you from accessing and/or using the Site.
    5. If you bring additional participants on your Tour, you agree and confirm that the participants, or their legal guardians, have read and agreed to these Terms and Conditions, including the Acceptance or Risk and Waiver Liability sections, which apply to all participants as if they were referenced as "You".

    If you do not agree to be bound by these Terms and Conditions, you may not access and/or use the Site and should not participate in a Tour.

    Please read these Terms and Conditions in conjunction with the Cancellation Policy and Privacy Policy, as they are incorporated into these Terms and Conditions by reference.

  3. Tour Booking.

    The Site provides a list of Tours, each with a description of its characteristics and included items, such as a description and itinerary ("Tour Terms"). If you have any inquiries about a specific Tour or would like to request a customized Tour, you can send us a message. To book a particular Tour with a Guide, click the "Book" button or any other modified button. Once we accept and confirm your booking request, a binding contract is formed between You and Us. We reserve the right to accept or reject your booking requests.

    Before making a booking request, please review the Tour Terms. Once your booking request is accepted by Us, you will be bound by the Tour Terms. These Terms and Conditions will take precedence over the Tour Terms regarding your relationship with PragueWithLove.

  4. Booking process.

    You can search for tours through the site without registering beforehand.

    During the booking process, it is important to provide accurate, current, and complete information. We will only collect and use your personal information in accordance with our Privacy Policy.

    You are solely responsible for any claims related to inaccurate, untimely, or incomplete information provided by you.

  5. Prices and Payment.

    The prices of the Tours are subject to change without prior notice until a booking has been made. The Tour Prices include all taxes.

    You can make payment for bookings using a credit card or other available form of payment through the Site. We do not store credit card information. PragueWithLove utilizes a third-party service to process your payment information for all transactions made through PragueWithLove. By making a payment, you authorize PragueWithLove and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services, which will apply to the payments you make through their system.

    The Site displays an approximate price for each tour in EUR currency. When you click the 'Book' button, the final price, denominated in CZK currency, will be immediately presented. Once you have booked a Tour, the Tour Price is fixed in that currency, even if exchange rates fluctuate between the time of booking and the time of the Tour. The exchange rates used by the Site to convert Tour prices are based on Czech National Bank exchange rates +5%. Your bank or credit card company may apply different commissions and charges.

  6. Release for the Guides' Services.

    To book and participate in a tour, the guides require your agreement to the following terms regarding their services.

    1. To the fullest extent permitted by law, you release the guides from any liabilities, claims, and damages of every kind and nature, even if they have been informed in advance of the possibility of such damages or if such damages could have been reasonably foreseen, that may arise out of or in connection with your participation in a tour.
    2. You also agree to defend, indemnify, and hold the guide harmless from any liability, loss, or cost that the guide may incur as a result of any claim made by you or a participant in a tour booked by you, despite the release included in this section.

  7. Cancellation Policy

    You agree to the terms of the Cancellation Policy and understand that any cancellation by you or by a guide, as well as any related refund, will be processed according to the current Cancellation Policy at the time of your booking.

    PragueWithLove reserves the right to cancel any booking, at its sole discretion, if we believe in good faith that such cancellation is necessary to prevent or minimize damages to any user of the site and/or to PragueWithLove. We will reimburse and/or refund you and/or the guide based on the reasons for the cancellation and in accordance with the Cancellation Policy.

    Refunds will be issued to the original payment method used for the booking. Depending on the processing time of your bank, it may take up to 10 business days for the refunds to be reflected in your bank account or card balance.

    PragueWithLove is not responsible for any additional expenses incurred directly or indirectly by you or any other participant as a result of booking a tour. These expenses may include, but are not limited to, visa costs, accommodation, vehicle rental, vaccinations, flights, and/or loss of enjoyment.

  8. Force Majeure.

    We will not be held liable for any partial or complete failure to fulfil our obligations under these Terms and Conditions due to force majeure circumstances. If such circumstances arise, we will notify you regarding the start and end of the circumstances that prevent us from fulfilling our obligations.

  9. Site Rules

    You agree to the following provisions:

    1. Use of the Site: The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Additionally, you may not use the Site to engage in harassing, stalking, or any other inappropriate conduct.
    2. Communication with Us: You agree that PragueWithLove may contact you via email, text messages, and calls, using the phone number and email addresses you provide in your booking or otherwise provided to us, to communicate with you, including but not limited to any updates, changes, and/or important information related to any bookings.
    3. Guides' Information: You agree that you will not use the Guide's information for any purpose other than to participate in a Tour or in connection with other services contracted through the Site.
    4. Customer Disputes: You agree to work in good faith with PragueWithLove to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, you may contact PragueWithLove and we will attempt to help resolve the issue.
    5. Purchase of Goods During a Tour: Exercise caution if you purchase any goods during a Tour. PragueWithLove does not design any Tour, is not aware of any goods available for purchase during a Tour, and does not make any claims about the quality, source, or other provenance of any goods that may be available for purchase during a Tour.
    6. Unauthorized Access to the Site: You will not use the Site and/or participate in a Tour in any manner that could damage, disable, overburden, or impair the functioning of the Site. You may not use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site that you are not authorized to access.
    7. Surveys: By submitting any ideas, suggestions, and/or opinions ("Opinions") to us through our surveys or any other alternative means, you represent and warrant that you have all rights necessary to submit your Opinions. You hereby grant PragueWithLove a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with PragueWithLove's business, without your prior approval and/or notification.
    8. Links to Other Websites: The Site may contain links to third-party websites that are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that you read and familiarize yourself with the terms and conditions of such websites.

  10. Your Reviews.

    You have the ability to post ratings and reviews ("Reviews") for Guides or Tours on the Site. Guides may also respond to these Reviews. By uploading, posting, or making your Reviews available on the Site, you:

    1. Grant Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sublicensable, and transferable license to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote your Reviews in any form, anywhere, in connection with PragueWithLove's business. This license does not require your prior approval or notification and will remain in effect even if your Booking is terminated.

    2. Warrant and represent that you own or have the necessary rights to your Reviews, and that their use by PragueWithLove does not infringe upon the rights of any third party.

    3. Agree to indemnify PragueWithLove against any losses and liabilities that may arise from any third party claims resulting from your Reviews.

    4. Understand that other users of the Site will have access to your Reviews.

      You are prohibited from uploading, publishing, or sending any Review that:

      1. Is fraudulent, false, or misleading.
      2. Is defamatory, obscene, vulgar, or offensive.
      3. Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any Guide or user.
      4. Promotes illegal or harmful activities.
      5. Includes contact details.

    We reserve the right to remove or modify any Reviews that are alleged to infringe upon intellectual property rights or violate these Terms and Conditions, without prior notice.

    Please note that Reviews reflect the opinions of Site users and do not necessarily reflect the opinion of PragueWithLove. While PragueWithLove may verify Reviews for accuracy, it does not guarantee their correctness or accuracy. PragueWithLove shall not be liable for any Reviews or claims resulting from such Reviews.

  11. Acceptance of Risk and Waiver of Liability.

    We strongly recommend that you obtain suitable medical insurance before taking a Tour.

    You understand and acknowledge that all travel involves some level of risk. We encourage you to seek information from the Guides and educate yourself about any inherent risks, necessary skills, and required fitness level associated with the Tour.

    By participating in a Tour, you assume all such risks. You, your estate, your family, heirs, and assigns agree to release and hold PragueWithLove, affiliates and employees harmless from any and all liabilities and claims arising from damages of any kind, known or unknown, both financial and non-financial, including but not limited to illness, bodily injury, disability, and death to you and/or any other Tour participant that may occur during the Tour.

    If you bring a minor on a Tour, you confirm that you have legal authorization to act on behalf of the minor. Additionally, you are solely responsible for the safety and supervision of the minor at all times during the Tour.

  12. Your Liability and Indemnification.

    You agree to defend, indemnify, and hold harmless PragueWithLove from all liabilities, claims, losses, and expenses, including attorney's fees, that may arise directly or indirectly from, as a result of, or in connection with:

    1. Your use of the Site and/or your participation in a Tour, including any damages to persons or property, or death to any person.
    2. Your Reviews.
    3. Any violation by you of these Terms and Conditions, including any infringement of any rights of third parties.

    PragueWithLove reserves the right, at its own expense, to assume the exclusive defence and control of any claim subject to indemnification by you. In such cases, you agree to cooperate with PragueWithLove in asserting any available defences.

  13. Intellectual Property.

    You acknowledge and agree that all content on the Site, including text, components, graphics, data, designs, look and feel, photographs, sounds, images, videos, and other materials, as well as associated intellectual property rights ("Proprietary Material"), are the exclusive property of PragueWithLove and/or its licensors or authorized third parties. This Proprietary Material is protected in all forms, media, and technologies. Without the prior written permission of PragueWithLove, you are prohibited from copying, downloading, using, editing, or retransmitting any Proprietary Material, either in whole or in part.

  14. General Provisions.

    1. Waiver: Failure by PragueWithLove to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
    2. Governing Law: The Site is operated by Victoria Domská, a Czech entity. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the Czech Republic.
    3. Entire Agreement: Except for any additional terms included in the Site - excluding the Tour Terms uploaded by the Guides - these Terms and Conditions constitute the entire agreement between You and PragueWithLove regarding the subject matter.
    4. Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
    5. Successors: These Terms and Conditions shall be binding on You and PragueWithLove, as well as their successors and assigns.
    6. Notice: Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company - Zelenečská 510/59, 198 00 Prague, Czech Republic and [email protected]; and to You - to the address and email supplied during your Booking.

  15. Termination of Terms.

    You have the option to terminate these Terms and Conditions at any time by sending us an email. This termination will take effect immediately upon delivery of the notice. If you choose to terminate, all bookings made by you will be cancelled, and any refund or payment to the Guide will follow the Cancellation Policy.

    PragueWithLove reserves the right to terminate these Terms and Conditions for convenience at any time by sending an email to your registered email address. This termination will also take effect immediately upon delivery of the notice. If we terminate these Terms and Conditions, we may cancel any of your bookings and refund the amounts you have previously paid for those bookings. Please note that you will not be entitled to any compensation for termination or cancelled bookings.

    Even in the event of termination or expiration, certain sections will still be in effect: Acceptance of Risk and Waiver of Liability, Term and Termination, and General Provisions.