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The general terms and conditions of the travel agency may not require a specific form of withdrawal from the tour contract
The revision of the general terms and conditions of travel agencies is our daily bread. A typical mistake we find in the terms and conditions, which we try to talk travel agencies out of, is the requirement that the customer must follow a specific form in the event of withdrawal. We have already seen that the customer has to send the withdrawal in writing with a delivery note to the address of the office or, on the contrary, bring it in person to the office. In the case that we will inform you about, it was again an obligation to send the withdrawal to one specific email. All of the above is wrong and we can now rely on the new Supreme Court ruling to improve travel agents' practices.
The Supreme Court case involved a situation where a travel agent's customer had withdrawn from a tour contract to the United Arab Emirates. He did so on the day the tour was due to start because that was the day a state of emergency was declared and the then senior government officials advised against travel abroad. He sent the withdrawal to the email address odstoupeni@invia.cz,, even though the company's terms and conditions, to which the tour contract referred, stated that the client should send the withdrawal to odstoupeni@inviainternational.com. It was therefore sent to a different email address from that specified in the general terms and conditions and the tour operator refused to accept such a withdrawal. The case went all the way to the Supreme Court.
The Supreme Court recalled that according to the provisions of the Civil Code on consumer protection, the withdrawal does not always have to be in writing and may be of a different nature. The law does not provide for any limitation on the means of communication. All that is required in order to preserve the time limit is that the withdrawal reaches the other party within the time limit, which means that the withdrawal has reached the travel agent. If the withdrawal is sent by email, it cannot be required that the withdrawal arrive within the travel agent's opening hours. Nor can any of the other restrictions described above be required. Restrictive provisions of the General Terms and Conditions are invalid and will not protect the travel agency in the event of a legal dispute.
Would you like to revise your general terms and conditions? Contact us.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."