KATED.com Business Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1. KATED.com, LLC; 99 Wall Street, Suite #1256, 10005 New York (NY), USA (hereinafter referred to as “KATED”), operates as a travel platform running its business mainly via the website www.kated.com (hereinafter referred to as the “Web”).
1.2. In its business, KATED is authorized to facilitate the sale of tours, offer, sell and facilitate the sale of the individual tourism services (such as arrangement for transportation, accommodation, catering, guide services, etc.), including organization, offering and facilitation of sale of combination of the individual tourism services.
1.3. Unless otherwise stipulated on an individual basis, the KATED’s services consist in facilitating offers of third parties – tour operators, accommodation providers, transport services providers, lessors of all kinds, providers of any other tourism services and supporting services, such as airport shuttles and travel insurance – for conclusion of a tour contract or tourism service agreement (hereinafter referred to as the “facilitated contract”). This, for example, means that unless explicitly stipulated otherwise, the travel agency does not provide accommodation, only facilitates accommodation to the clients with the accommodation providers, and does not provide air or other services, only facilitates purchase of these services with airlines and other companies.
1.4. The Tourism Service can be purchased from KATED by any person over 18 years of age that will enter into a contract with KATED or a person, in favour of which such contract was entered into. For purposes of these Terms and Conditions, a client is also a person that sent a no-obligation purchased order for the Tourism Service or other service pursuant to Article 2 of these Terms and Conditions (hereinafter referred as the “Client”).
2. PURCHASE ORDER AND CONTRACT CONCLUSION
2.1. Any Client may send any quantity of no-obligation purchase orders for the offered Tourism Services. Upon receipt of the enquiry, KATED does not have any detailed information about the Tourism Services, or a combination thereof.
2.2. KATED provides services based on the Client’s binding purchase order. A binding purchase order shall follow a no-obligation enquiry of the Client for the KATED’s services submitted to KATED verbally, by telephone, through a web form, by e-mail or in other written form.
2.3. The Client hereby acknowledges that some offers may not have complete information attached. Such information about the Tourism Services shall be specified to the Client by the KATED’s personnel in course of the itinerary preparation upon the purchase order placement.
2.4. The Clients’ purchase orders are handled by KATED as follows:
a) Once the Client places a purchase order for the selected Tourism Services or a combination thereof pursuant to Article 2.1 of these Terms and Conditions and KATED receives such purchase order, the Client is contacted by the assigned KATED personnel who will prepare a proposal/combination of the enquired Tourism Services according to his requirements and specification. When the Client submits his requirements, specifications and ideas concerning the enquired Tourism Services to the respective assigned personnel of KATED, a contract is entered into between KATED and the Client, under which KATED agrees to prepare the combination of the Tourism Services and deliver it to the Client based on his individual requirements (hereinafter referred to as the “Itinerary”) and the Client agrees to pay the agreed remuneration to KATED. These Terms and Conditions form an integral part of such contract. This contractual relationship does not impose an obligation to use such completed Itinerary. The remuneration as per this paragraph and the Itinerary preparation includes three (3) rounds of specifying/modifying the requirements for the enquired combination of the Tourism Services. The fourth any further change of the requirements specified shall be charged according to the KATED’s price list.
b) Should the Client decide to use the Itinerary, the Client sends the purchase order for the subject combination of the Tourism Services to KATED according to the respective instructions. The contractual relationship between the Client and KATED shall be established by conclusion of the tourism service agreement (i.e. acceptance of the purchase order); (hereinafter referred to as the “Contract”). The content of the Contract is defined by the Itinerary, or purchase order for such services and acceptance thereof by KATED, these Terms and Conditions which form an integral part of the Contract. The Client hereby acknowledges that in case of the Contract acceptance, he also accepts these Terms and Conditions which form an integral part of the Contract. In case of the Contract conclusion based on the Itinerary, KATED shall deduct the amount paid by the Client for the Itinerary from the final price. The Contract shall take effect as of the date of its conclusion. The Contract can be entered into in writing or in other form, including by electronic communication. If the Contract is entered into in writing, it shall become effective upon being signed by both Parties. If the Contract is entered into in other way, it shall become binding upon acceptance of the offer for Tourism Services by the Client within the prescribed period of time. If the offer is accepted after the term specified therein, the Contract is entered into only if KATED notifies the Client of regarding the offer acceptance as timely.
3.1. The Client receives the payment instructions in writing, usually electronically.
3.2. Unless otherwise specifically agreed, the price for the Itinerary shall become due upon conclusion of the Itinerary preparation agreement.
3.3. In case of the Contract, the Client shall pay the agreed price as follows:
a) 50 % no later than in 5 calendar days as of the day of the Contract conclusion;
b) 50 % no later than 30 days before commencement of provision of the Tourism Services.
3.4. Should the Client fail to pay the price as per the Contract, KATED shall be entitled to withdraw from the Contract, whereas the Client shall pay the compensation (cancellation) fee in line with the applicable provisions of this General Terms and Conditions.
4. CANCELLATION AND COMPENSATION FEE
4.1. The Client is entitled to withdraw from the Contract any time before the Tour. Such withdrawal shall be delivered to KATED in writing. The contractual relationship between the Client and KATED shall thus be cancelled and the Client’s participation cancelled as of the day when the written notice of withdrawal (cancellation) is delivered to KATED. Unless the reason for the Client’s withdrawal is violation of the KATED’s obligations arising from the Contract or law, the Client shall pay the compensation fee to KATED as stipulated below. Should the Client withdraw from the Contract, KATED shall refund the whole amount received from the Client for settlement of the Tour price to the Client in line with the cancelled Contract and the Client shall pay the compensation fee to KATED according to the terms and conditions stipulated in the Contract. Both the Client and KATED hereby agree to mutual set-off of eventual mutual receivables.
4.2. Should the Client request the Contract to be amended, KATED is, in case of the change acceptance, entitled to demand compensation of the actually incurred costs of such change.
5. REJECTION BY THE CLIENT
5.1. 7.1 KATED reserves its right to reject any purchase order or Contract conclusion with the Client mainly in the following cases:
a) The Client repeatedly sends incomplete or intentionally incorrectly completed purchase orders, or
b) the Client fails to provide his correct contact details; or
c) the Client did not pay the advance payment or the whole amount for the ordered Tourism Services in line with these General Terms and Conditions in the past; or
d) the Client repeatedly violates these General Terms and Conditions.
6. PERSONAL DATA PROCESSING
6.2. Should you provide us with third party’s personal data, you represent and warrant that you have consent of such third party to provide their personal data to KATED.
7. LIABILITY FOR VIOLATION OF OBLIGATIONS
7.1. KATED is liable to the Client for defects in the provided services and for damage causes only in case of a direct sale of the individual Tourism Services, not in case of facilitation. In such case, the Client shall notify KATED of the defects without undue delay so that KATED has an opportunity to take corrective actions. The Client shall behave in a way to avoid damage, in particular, he shall respect any and all instructions and rules defined by KATED or a third party and shall comply with the statutory regulations applicable in the location where the service is provided, and the statutory regulations of the United States of America.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Client’s fundamental rights:
a) the right to the proper provision of the agreed services;
b) the right to information about any and all facts we are aware of and which concern the contracted services, including the information about the contact person that will help you in difficult situations;
c) the right to be informed about eventual changes in the scope of the agreed services and changed prices;
d) the right to withdraw from the Contract any time before start of utilizing the individual services;
e) the right to claim defects and to settlement thereof.
8.2. Client’s fundamental obligations:
a) provide us with assistance we need for proper securing of the services, in particular, true and complete information to be provided in the Contract, immediately inform us about the change thereof and submit the documents required for the visa application to us;
b) ensure that persons under 15 years of age are accompanied and supervised over by an adult person, and, in a similar manner, ensure accompaniment and supervision for persons in a health condition that requires the same;
c) take over the documents required for receiving the services and to be present at the given time and place (of gathering, departure, etc.) with any and all documents required;
d) have any and all documents required for entering the respective countries of stay or transit with him (valid passport, visa, health insurance certificate, etc.);
e) respect the instructions given by the guide or other person designated by us and respect the time schedule fixed, comply with the regulations applicable in the visited country, including the regulations of the transport and accommodation providers;
f) behave in a way to avoid damage to health or property of third parties or our tour operator, and, in case such damage is suffered, compensate thereof.
8.3. KATED shall inform the Client fully and properly about any and all facts it is aware of and which might affect the Client’s decision about the Contract conclusion.
9. FINAL PROVISIONS
9.1. Any and all Contracts entered into by and between KATED and the Client and any disputes related to or arising from the Contract shall be finally decided on by the general courts of the United States of America.
9.2. KATED agrees to perform its business activities in line with the Act, Civil Code and the consume protection regulations in order to protect the Client’s interest in the best possible manner.
9.3. Wherever these Terms and Conditions refer to the business terms and conditions of other operator (tour operator) which are inconsistent with these Terms and Conditions, the Contract shall still be entered into with the content in the scope, in which such business terms and conditions are consistent. In such situation, the wording of the applicable statutory regulations shall apply to the inconsistent provisions. Should any provisions of these Terms and Conditions be inconsistent with the content of the terms and conditions for the mobile application, the provision that is more convenient to the Client shall apply.
9.4. The travel agency is entitled to unilaterally amend the General Terms and Conditions. The Travel Agency shall notify the Client of this fact in writing. The Client is entitled to reject the changes and terminate the facilitation agreement for such reason within 5 days as of the notice delivery.
9.5. The Client was made familiar with these Terms and Conditions, expressly accepts them and confirms that these Terms and Conditions do not contain any provision that the Client could not reasonably expect.
9.6. These Terms and Conditions shall become effective on 1st July 2019 and replace the previous Terms and Conditions.