Privacy Policy
General Terms and Conditions (GTC)
Illia Kramar (operated by the brand
name Arkway)
Podvinný mlýn 2126/1, 160 00 Prague
9, Czech Republic
ID: 142 09 624
(As of April 15, 2024)
(Part A)
General Legal Relationship
1.
Scope
These
General Terms and Conditions, in their current version at the time of the
respective contract conclusion, apply to all mutual claims arising from and in
connection with a contract conclusion (e.g., booking of a service) between the
customer and Arkway.
The
aforementioned contract conclusion between Arkway and the customer in Czech
Republic can take place either through the branch in Prague or “online” via the
Arkway’s internet platform.
2.
Contracting Parties
Arkway
enters into contracts with end customers who are:
• Unrestrictedly capable natural
persons who have reached the age of 18 (hereinafter “private customers”),
• Legal entities that do not pursue
commercial interests with the booking of the service (hereinafter “private
customers”),
• Minors who have reached the age of 14
and whose legal guardians have consented to the conclusion of the contract or
whose consent can be assumed under the circumstances (hereinafter “private
customers”).
If the
offer of another customer has been mistakenly accepted by Arkway, Arkway is
entitled to declare the withdrawal from the contract towards the customer
within a reasonable period.
3.
Contract Contents
Arkway
delivers the service ordered by the customer in Czech Republic within the
framework of the respective offer acceptance. Otherwise, Act No. 89/2012 of the
Civil Code of Czech Republic and Act No. 111/1994 On-Road Transport, pursuant Section 21 (4)
and Act No. 117/2020 about business applies. However, Arkway reserves the right
to expand the contract area to other countries within the European Union. In
this case, the following provisions apply accordingly to these countries.
4.
Conclusion of Contract, Revocation, and Revocation Policy
The
customer submits a binding offer for the selected service during online
transactions when they have completed the online ordering process by providing
the required information and clicking the “Submit Order” button in the final
ordering step.
The
acceptance in online transactions by Arkway takes place upon receipt of the
confirmation (reservation) by the customer. If the customer orders or reserves
via the internet, Arkway will immediately confirm receipt of the order
electronically.
5.
Availability of the Service
If, after
receipt of the order, Arkway finds that the ordered service should not be
available, Arkway may withdraw from the contract by unilateral written
declaration.
No
“replacement delivery” to the customer will be made. In this case, the customer
will receive a refund of any payment already made.
6.
Payment Terms
When
ordering “online,” the customer has the option to pay by immediate bank
transfer, direct debit, or credit card. For some services (e.g.: transportation
services) cash in CZK, EUR or USD is accepted.
7.
Liability
Arkway
shall only be liable in cases of willful breach of duty, delay, impossibility,
unlawful acts, and other legal grounds (excluding pre-contractual breaches) in
cases of intent and gross negligence.
The scope
of liability of Arkway under the Product Liability Act remains unaffected.
8.
Miscellaneous
Czech
Republic’s law applies to the legal relationships between Arkway and customers,
as well as to the respective terms and conditions.
For all
contracts, the English language is the authoritative contractual language.
Translations are for informational purposes only. The application of the United
Nations Convention on Contracts for the International Sale of Goods dated April
11, 1988, is excluded.
The
customer has no right to obtain specific goods or services. There is also no
right to set off or retention unless the claim is undisputed or legally
established.
If
individual provisions of this contract are wholly or partially invalid or lose
their legal validity later on, the validity of the contract as a whole shall
not be affected.
9.
Jurisdiction, Severability Clause
Exclusive
place of jurisdiction is Prague, Czech Republic or any other statutory place of
jurisdiction at the option of Arkway, provided the customer is a merchant
within the meaning of the Commercial Code of the Czech Republic or a public entity.
Otherwise,
the respective legally required place of jurisdiction applies to the consumer
in their home country.
The legal
invalidity of individual parts and provisions of these terms and conditions
does not affect their validity otherwise.
(Part
B)
Transportation
services
10.
Principles of Use
Arkway
provides passengers and cargo transportation services registered customers. The
term also includes taxi service, rides, moving, etc.
11.
Customer Data, Registration Information
Arkway
collects and uses customer data to provide services safely and effectively. By
agreeing to these terms, customers allow Arkway to handle their data securely.
Customer data is only used for the services they request and is kept
confidential. Arkway follows legal guidelines for handling data.
Arkway
takes responsibility for protecting customer data. We have internal measures in
place and do not use third-party services for data handling. These rules apply
to everyone involved in service orders. However, the condition for claiming
damages by the customer is making a timely complaint and a complaint of breach
of duty by the Arkway. Complaints must be substantiated, with breach of the
Arkway's obligations fully and unconditionally proven, and the claim must be
recognized by the Arkway.
12.
Price List, Invoicing
The
calculation of transportation services is based on the prices, that can be
found on the Arkway website.
The
sending of an invoice (upon the customer’s request) is done via email or in the
Arkway office.
Any
objections to charges must be made in written form within one month after the
invoice is issued. The customer can only offset undisputed or legally
established claims against Arkway’s claims.
13. Liability
of Arkway
Arkway is
responsible for the damage or inconvenience caused directly or indirectly by
Arkway or its employees. If another carrier mediates the customer's
transportation, that carrier is responsible for any damages incurred during the
transportation, and the customer accepts their service by boarding their
vehicle.
Suppose a pickup occurs at a different time than stated in the order. In that case, the customer may be
entitled to a contractual penalty of up to CZK 2,000, provided they can prove
the damage and file a complaint accordingly.
Customers
should note that they cannot claim liability in the following situations:
- Delays during transportation due to
force majeure, such as natural disasters, weather conditions, accidents not
caused by Arkway's driver, road congestion due to repairs, or government
interventions.
- Delays due to the customer or another
party not arriving at the agreed time and place.
- Damage caused by accidents not
involving Arkway's or another carrier's driver, such as collisions with animals
or other vehicles.
- Damage caused by necessary maneuvers
made by the driver to prevent greater harm, such as sudden braking to avoid
collisions.
- Damage caused by the negligence of
the customer or another party, such as leaving belongings in the vehicle.
By using
Arkway's transport services, customers agree that the contractual penalty of up
to CZK 2,000 is sufficient compensation for any damage related to the
transport. If customers disagree, they cannot use Arkway's services.
If
customers intend to claim damages exceeding CZK 2,000, they must insure
themselves against such damages. This insurance obligation is fulfilled upon
boarding, and customers are fully responsible for fulfilling this obligation.
14. Customer
Liability
Customer should arrange departure times with Arkway well in advance to account for
potential delays due to unforeseen circumstances like traffic or road issues.
This includes allowing for at least a 30-minute buffer to prevent delays. If
customers fail to adhere to these guidelines and experience damages as a
result, Arkway is not liable to compensate for any losses incurred.
15. Order
Method
Arkway
offers services upon request from the customer or other parties such as hotels
or travel agencies. Orders can be placed online through the website
www.arkway.me, via email at info@arkway.me, phone or SMS on number +420 601 505
605. Our services are confirmed through a binding order confirmation, which is
sent via SMS for phone and SMS orders, and via email for web and email orders.
A receipt
of an order in our system is not binding unless confirmed by Arkway. Customers
are advised that our services are subject to these GTCs.
Once
confirmed by Arkway, an order (or part of it) is considered binding for both
parties, unless the agreed terms are violated. This includes details such as
transport specifications, number of persons transported, price, payment method,
agreement to GTC (including contractual penalties and liability limitations),
and the timeframe for service provision.
16.
Reservation changes and Cancelation policy
If a
Customer wishes to change or cancel his reservation for any reason, he may do
so through the Arkways's email
info@arkway.me or by telephone + 420 601 505 605 before leaving – at least two
hours before the pickup time. If the customer has already paid for the pickup
and cancelled the ride in the required time Arkway will refund the amount for
the service.
If the
customer fails to cancel the service in a timely manner, the prepaid advance or
the amount for the execution of the transport is considered to be the amount of
the contractual penalty that compensates the damage caused by the late
cancellation.
17.
Refunds
Claims for
damages must be submitted within 30 days to Arkway's address. After this
period, customers forfeit the right to claim compensation or related damages,
subject to a maximum contractual penalty. Compensation is limited to the
transport price per reservation, not exceeding CZK 2,000. Certain exceptions
apply, such as instances of logistical replacements or events beyond the
service provider's control. Claims for damages due to significant flight delays
are excluded from compensation.
In case of
disputes over refunds or incorrect charges, customers can file a complaint or
payment claim, which will be investigated within 30 days. If the complaint is
rejected, customers can seek resolution through a consumer dispute resolution
body.
If a
prepaid online service is canceled and a refund is due, the money will be
returned to the original payment method within 14 working days. All refund
claims must be made in writing or by email within 30 days to Arkway's email
info@arkway.me or postal address Podvinný mlýn 2126/1, 160 00 Prague 9, Czech
Republic.
(Part
C)
Events /
Tours
18. Principles
of Booking
The
following conditions apply to all contracts that Arkway concludes with a
customer regarding the city tours and sightseeing tours offered in the store or
“online shop” and other various tourist activities, which are conducted by
Arkway or third parties.
The
subject of the contractual conditions is the ticket sale and the implementation
of the respective described event. If the implementation of the event is
affected, the statutory regulations also apply additionally.
19. Conclusion
of Contract
By
submitting their written, telephone, or electronic registration, the customer
makes a binding offer to Arkway to conclude a contract. The contract is
concluded when Arkway confirms the booking to the customer/recipient of the
service in writing based on the conditions.
Arkway can
accept the customer’s offer by sending a written order confirmation or an order
confirmation in written form (SMS or email) to the customer or by providing the
ordered ticket to the customer or by requesting payment from the customer after
they have placed their order.
20. Service
Agreement
The
contractual service of Arkway results from the service description as well as
the additional services listed in the booking confirmation. Additional
agreements that change the scope of the contractual services are only valid if
they are agreed upon in written form.
The
contract between the customer and the service provider is not presented in a
separate contract text. The content of the contract arises from the ordered
product, i.e., the description of the activity selected by the customer, and
the provisions of Arkway.
21. Revocation
/ Right of Revocation
The
customer’s cancellation or cancellation of the booked tour or event is possible
at Arkway – regardless of the statutory right of revocation – up to 24 hours
before the start of the booked service.
Up to 24
hours before the start of the booked service, a 100% refund of the amount paid
by the customer or the free rebooking of a tour will be made.
In the
case of “cancellations” of registration within the period of 24 hours or in the
case of an unannounced “no-show,” the customer is always obliged to pay 100% of
the agreed price. Within the period of 24 hours before the start of the
service, no adjustments or changes are possible.
The
cancellation or revocation must be made in written form (e.g., email, text
message).
22. Exclusion
The
customer’s right to assign their claims from the contract to third parties is
excluded. Likewise, the customer is not entitled to authorize a third party to
assert their claims in their own name. The organizer reserves the right to
exclude heavily intoxicated persons from a tour. In such cases, there is no
entitlement to a refund of the paid amount or the assertion of claims for
damages.
23. Liability
/ Liability Disclaimer
The
organizer is liable, within the scope of the diligence of a prudent
businessman, for the careful preparation and implementation of the tour. The
liability of the organizer is always limited to the agreed services.
The
organizer is only liable to the customer for damages caused by the organizer’s
fault and only within the scope of the statutory provisions.
If
essential contractual obligations are affected, the liability of the organizer
is limited to foreseeable damages in the case of slight negligence. Essential
contractual obligations are obligations that arise from the nature of the
contract and whose violation would endanger the achievement of the purpose of
the contract as well as obligations that the contract imposes on the organizer
for the purpose of achieving the purpose of the contract and whose fulfillment
makes the proper execution of the contract possible in the first place and on
whose compliance the customer can regularly rely.
In the
event of a breach of non-essential contractual obligations, the organizer’s
liability is excluded for slight negligent breaches.
The
organizer is not liable for services of third parties, even if the organizer
acted as an intermediary here. If minors participate in a tour, the legal
guardians are liable. The organizer assumes no supervisory obligations.
The
organizer is liable in accordance with the statutory provisions for damages to
life, body, and health resulting from negligent or intentional breaches of duty
by the organizer, its employees, workers, staff, representatives, or agents.
The
organizer is not liable for items lost by the participant. The organizer is
also not liable for items damaged by other participants or third parties.
Insofar as
the organizer’s liability is excluded or limited, this also applies to the
personal liability of its employees, workers, staff, representatives, or
agents. In collaborations with other business partners, the organizer is not
liable for their offers.
A claim
for damages for the slight negligent breach of essential contractual
obligations is limited to the contract-typical, foreseeable damage unless
liability is incurred for the violation of life, body, or health. This also
applies to the liability of the organizer’s agents.
24. Other
Provisions
The above
GTC (Parts A to C) always apply in their entirety in the version viewable on
the internet and in the business premises and in the respective updated form.
Current
status: April 15, 2024
Arkway
Prague,
Czech Republic
