In matters not covered by the General Contract, the Act VII of 2005 (Montreal Convention) shall apply. In case of denied boarding, cancellation or long delay of flights, the provisions of Regulation (EC) No. 25/1999 and Gov. Regulation No 25/1999 (II.12.) on air passenger transport shall prevail.
- Subject matter of the contract
The legal relationship between BestPhotoTour and the Passenger is established upon the conclusion of the contract. On the basis of the contract, BestPhotoTour provides general services consisting of passenger, accommodation and other tourist services that can be determined according to the tour (travel) selected by the Passenger for which the Passenger pays a fee. The cost of the trip consists, on the one hand, from the consideration of the Participation Fee and, on the other hand, the additional costs and charges that are not included in it which are charged separately (e.g. entrance fees, tips, visa fees, other optional programmes, etc.).
- Conclusion of the contract
The contract between the Passenger and BestPhotoTour is concluded as follows: The Passenger fills in the Application form on the BestPhotoTour website with his personal information. Travel can only be made online via the www.bestphototour.com website. Applying in any other way (by phone, word of mouth, community sites, etc.) will not be accepted by BestPhotoTour.
On the Application form, the Passenger is responsible for the authenticity and correctness of the information provided by the Passenger, and BestPhotoTour makes the necessary reservations using the information provided. BestPhotoTour assumes no liability for any legal disadvantages caused by incorrect information provided by the Passenger.
BestPhotoTour reserves the right, in certain cases, to withdraw from the contract without giving any reason. If BestPhotoTour has an intention to enter into a contract, BestPhotoTour will register the Passenger’s application and electronically send the contract and general information, which will include details of payment of the Participation Fee, time limits and detailed information of the trip.
The application becomes valid when the Passenger sends the advance payment determined by BestPhotoTour to BestPhotoTour (bank transfer, internet transfer, personal payment).
- Terms of payment
In all cases, the price of the trip includes those and only the costs and the general services and organizing fees provided by BestPhotoTour that can be found on the website under the heading “Included in the price of the trip” on that tour.
BestPhotoTour marks the amount of fees not included in the Participation Fee, which will be charged separately on the website, as part of the detailed information on the travel page.
The total Participation Fee, the Prepayment and Arrears will be published on the website of BestPhotoTour.
The Passenger is required to pay the full amount of the Entry Fee 90 days prior to departure upon invitation of BestPhotoTour.
The price of the trip may vary due to the current foreign exchange rates and/or local inflation. BestPhotoTour is obliged to notify the Passenger by e-mail no later than 10 days prior to the start of the trip.
- Cancellation and Refund Policy
The Passenger may, at any time and prior to the start of the journey, terminate the General Agreement by giving written notice to BestPhotoTour by electronic means (cancellation of the trip by the Passenger). Withdrawal shall become effective upon notice.
The amount of the advance payment is up to BestPhotoTour and may vary per trip and tour.
The Passenger may withdraw from the contract if the essential terms of the contract are to be significantly modified by BestPhotoTour prior to departure – for reasons beyond its control – or to increase the “Participation Fee” significantly prior to departure.
Should the Passenger cancel for any of these reasons, BestPhotoTour will refund the full amount paid to the Passenger. BestPhotoTourt is not liable for damages or payment of interest.
BestPhotoTour provides the lowest number of participants required to organize your trip in general information.
The contract is legal but after the cancellation of the contract (in the case of cancellation by the Passenger), the sale of the vacant seats is solely the result of BestPhotoTour’s activities, so on the reference to former Passengers they cannot claim a reduction in the cancellation fee and their obligation to pay compensation for this reason.
If the Passenger cancels the journey no later than 60 days before departure, the total price minus the advance payment will be repaid.
If the Passenger cancels the journey no later than 40 days before departure, 50% of the full price will be repaid.
If the Passenger cancels the flight within 30 days of departure, unfortunately we will not be able to refund any of the price paid.
- Failure of completion and complaint handling
BestPhotoTour shall be liable for damages resulting from non-compliance or misperformance of the contract or for any damage to the personal infringement, unless the default or defection is not for him or the contributor behaviour, in particular
a.) where deficiencies in the performance of the contract are due to the Passenger’s conduct;
b.) if the fault is attributable to the behavior of a third party unrelated to its general contracted service and could not have anticipated or could not reasonably have foreseen the error with BestPhotoTour, or
c.) in case of force majeure (eg strike, war, natural disaster, extreme weather, etc.)
BestPhotoTour is not responsible for the non-availability of services that are lost due to delays in transport, schedule changes or cancellations.
BestPhotoTour reserves the right to change the accommodation category and replace programs with programs of the same value in exceptional cases if this is forced to do so by factors that BestPhotoTour does not have influence.
BestPhotoTour reserves the right to modify the programme in exceptional cases due to local conditions (traffic, weather conditions, local holidays) or technical reasons (e.g. possible failure of a means of transport).
All local, accommodation, carrier and program descriptions, brochures, leaflets, e-brochures that were not published by BestPhotoTour are invalid in terms of the performance of the standard contract and the obligations of BestPhotoTour, and its content, offer, data, and descriptions cannot be claimed on BestPhotoTour or its contributors; BestPhotoTour is not responsible for them and is not obliged to perform them in whole or in part.
If the non-performance is due to the Passenger’s behavior, the Passenger may not assert any claim for damages, including the fact that the breach, the amount of the damage incurred and the causal link between the two must be justified by the Passenger. BestPhotoTour is liable for damages resulting from non-compliance or misperformance of the contract, or the fee for invasion of privacy, shall not exceed the amount of the participation fee.
The Passenger is directly responsible for any damage caused by the Passenger to a third party during the trip.
BestPhotoTour reminds Passengers that it does not sell airline tickets.
In the case of travel by airplane, including the carriage of baggage, the Passenger is directly in contact with the airline, so that the Passenger can enforce his air travel claims and objections vis-à-vis the airline.
Regarding the responsibility of BestPhotoTour, the Act VII of 2005 (Montreal Convention) shall apply. In case of denied boarding, cancellation or long delay of flights, the provisions of Regulation (EC) No. 25/1999 and Gov. Regulation No 25/1999 (II.12.) on air passenger transport shall prevail.
- Additional rights and obligations of the Parties
Travel costs do not include travel insurance. The travel insurance must be arranged by the Passenger personally. Due to the specific nature of the group trips organized by BestPhotoTour (remote locations, etc.), the Passenger undertakes to take out travel cancellation, accident and baggage insurance appropriate to the specific features of the trip.
Failure to do so may cause BestPhotoTour to refuse to participate in the trip.
The Passenger undertakes to participate in the journey or its programmes only if his known health status permits or if it does not suffer from an illness which, in view of the risks to which it is exposed, constitutes a higher than usual risk.
The Passenger shall take part in the journey at his/her own risk and decide on the use of each programme/general service at his/her own risk. In the light of these circumstances, BestPhotoTour disclaims its obligation to compensate for damages that have resulted from the specific nature of the journey due to the increased attention and care required of the Passenger, as well as the deviation from or non-compliance with the instructions, suggestions or non-compliance of the BestPhotoTour guide.
BestPhotoTour records that detailed descriptions of each trip are available on the www.bestphototour.com website. BestPhotoTour reserves the right to deviate from its information under this point, in which case it is obliged to inform the Passenger of the changes in a verifiable manner before the conclusion of the general contract. The description published on the website is considered by the parties to be written information. The Passenger is responsible for the safekeeping of his/her luggage and hand luggage during the journey, unless it has been taken over by the responsible representative of the carrier or service provider for onward transportation or storage.