General Terms and conditions (hereafter just “Terms”) of Blue Religion s.r.o. with registered office at Klincová 37, 821 08 Bratislava, Reg. Nr.: 45 565 180, registered in the Commercial Register of the District Court Bratislava I, section Sro, insert nr. 66034/B (hereinafter just “Blue Religion”) apply to all tours organized by Blue Religion and these Terms form an integral part of the Tour Agreement for the trip (hereafter just “Tour Agreement”), which is governed mainly by Slovak Act nr. 170/2018 on Travel, connected services of tourism, some business conditions in tourism (hereafter “Travel Act”).
Blue Religion is a travel agency, which through a combination of tourism services organizes expedition tours (hereafter referred to as “Tours”) to explore wildlife in the seas and oceans, in particular sharks, whales and a variety of other wildlife. The aim of Blue Religion is to organize and sell Tours to create a profit, the main part of which will be used to help, save and protect the underwater world.
Blue Religion offers its services through the website www.bluereligion.org, an online platform, where the Travelers can book and purchase a Tour of their choice. In addition to purchasing a Tour, the Traveler has the opportunity to support the volunteering activities of Blue Religion, can become a volunteer in the Blue Religion rescue activities, or can find information about ocean protection.
The Traveler fully understands that sharks, whales and other animals, which he is travelling to see by buying a Tour from Blue Religion, are wild animals and their presence cannot be guaranteed.
The Traveler also fully understands that for no show, or limited presence and occurrence of sharks, whales and other animals living in the wild during the Tour (expedition) no financial compensation will be provided.
By signing the Tour Agreement, the Traveler acknowledges, that the Tours outsourced or organized by the Blue Religion Travel Agency for the Traveler, are, with regard to their nature, manner of organization, the countries visited and the local conditions there (social, political, economic, standard of living, authorization and other procedures related to entering the country and stay there, etc.), a specific product.
Considering the specificity of the product, the Traveler acknowledges, that during the organization and participation on the Tour, it is necessary to take into account possible changes in any part of the Tour preparation and organization (for example change of program, Tour schedule, Tour route, accommodation, transportation, meals, etc.), all this depending on the current possibilities or lack thereof to enter the country, possibilities or availability of services to be provided on the Tour, which are beyond reasonable control of Blue Religion.
All before mentioned circumstances which influence the Tour represent an extraordinary, unpredictable, unforeseeable, unavoidable and unintended event, which is beyond reasonable control of Blue Religion Travel Agency, and for its occurrence and consequences (including impact on the Tour) Blue Religion bears no responsibility, unless the Travel Act or these Terms do not state otherwise.
The Traveler also acknowledges that participation on a selected Tour may be physically demanding and may require certain physical ability and fitness. The Traveler is fully aware of his/her state of health and assumes full responsibility for any possible personal injuries and their consequences of any kind. Blue Religion Travel Agency shall have no liability for injuries and their consequences, which the Traveler suffers by overestimating his/her abilities or by providing false information in examinations, surveys or declarations related to his/her physical condition, unless the Travel Act or these Terms do not state otherwise.
Article I. Introductory Provisions, Closure of the Tour Agreement
- The parties to the Tour Agreement parties are: (i) Blue Religion Travel Agency and (ii) the Traveler, who is primarily the person, who signed the Tour Agreement with Blue Religion Travel Agency in writing or in another appropriate form, for example by using the online application form at www.bluereligion.org or in a different way according to these Terms (hereafter just “Traveler”).
- These Terms apply in their complexity also to Tours organized by Blue Religion, which are not currently part of the offer of Blue Religion Tours, but are “tailor made” – i.e. Tours organized according to specific needs of the Traveler, as well as to any other partial services individually requested by the Traveler (for example special arrangement of accommodation, transfers, etc.).
When signing this Tour Agreement for a third party, the following applies:
- On behalf of minors and any other person a legal guardian, only their legal guardian or a person authorized by the legal guardian can sign the Tour Agreement;
- On behalf of other persons, who do not sign the Tour Agreement personally, but by being represented, only the person, who was authorized in writing to sign this Tour Agreement in the name of these persons as Travelers and who has the right to provide personal details of these represented Travelers can sign the Tour Agreement.
The person concluding declares that he has the right to conclude this Tour Agreement on behalf of a third party pursuant to Article I., Point 3 of these Terms. Blue Religion reserves the right at any time to verify the authority of the
representative concluding the Tour Agreement by requesting written power of attorney or other documents from the representative. In the event that the declaration of the representative according to this point of the Terms is false,
or the representative fails to prove the entitlement to represent Travelers, Blue Religion is entitled to:
- Refuse to conclude the Tour Agreement and/or
- Withdraw from Tour Agreement thus concluded and/or
- Require a person who has entered into a Tour Agreement for a third party without the required authorization, to fulfil all obligations arising from the Tour Agreement, the Terms and the Travel Act, or to fully compensate the damage that Blue Religion incurs.
- If a Traveler orders a Tour in accordance with the Tour Agreement for several persons, or if the Tour is transferred to a third party, and unless these Terms, Travel Act or general applicable duties do not state otherwise, the Travelers together with other persons mentioned in the Tour Agreement, or with a person or persons, to whom the Tour has been transferred to, are entitled and obliged to all rights and obligations jointly and severally, and for the avoidance of doubt, if, on the Tour Agreement side of the Traveler, there are more persons, these Terms use only the singular term “Traveler”.
- The Tour Agreement is made up in written form, or in a different appropriate form determined by Blue Religion in accordance with the Travel Act. For signing the Tour Agreement, it is possible to use the online order form available at www.bluereligion.org. By filling out this form and sending it, the Traveler (personally or through a representative) sends the Blue Religion Travel Agency his/her order for the Tour. In order to send the order, it is necessary to express consent with these Terms, which are an integral part of the Tour Agreement for the Tour. By agreeing to these Terms and sending the order, the order becomes binding for the Traveler. Finalization of the order is done through the Blue Religion reservation system by generating a Tour Agreement according to the order and sending it to the e-mail address of the Traveler, together with a summary of the order, which includes information on payment conditions. The Tour Agreement is deemed valid and effective if at least a part of the advance payment for the Tour is paid according to order summary, or at least a partial payment of the Tour Price according to the Tour Agreement is made.
- In the event that the Tour Agreement has not been concluded via the electronic reservation system according to Article I., Point 6 of these Terms, the Tour Agreement becomes valid and enters into force upon its signature by both Tour Agreement parties and upon at least a partial payment of the advance is made (if it is agreed), or by payment of the full price of the Tour according to the Tour Agreement.
- By signing the Tour Agreement, Blue Religion agrees to provide for the Traveler all agreed services in the range and quality agreed between the Tour Agreement parties.
- As a rule, persons under 18 years of age may only participate on a Tour accompanied by a person who, at the time of conclusion of the Tour Agreement, has reached the age 18, and only on the basis of an authorization signed by the legal guardians of the minor or juvenile person (the parents). Such a person is fully responsible for the entrusted minor for the duration of the Tour (i.e. from start of the Tour until the return). Persons under 18 years of age may participate on the Tour even without being accompanied by an adult over 18 years, but only under their own responsibility and solely on the basis of an authorization signed by legal representatives of the minor or juvenile (presumably parents). Other persons, whose medical or other condition so requires, can only participate on the Tour accompanied by an adult, who assumes responsibility for them.
Article II. Price of the Tour, Payment Termst
- Final prices of the Tours organized or subcontracted by the Blue Religion Travel Agency (hereafter only “Tour Price”) are listed mainly in the current offer and in particular on the web site www.bluereligion.org, and each specific Tour has information what the Tour Price includes. The exact amount of the Tour Price will be calculated at the latest prior to signature of the Tour Agreement, based on extra specifications stated by the Traveler in the online order form. Tour Price is generally calculated as price per person accommodated in a room for two persons, unless the Tour description does not state otherwise. The Tour Price given in the signed Tour Agreement is final, and the Traveler acknowledges that if some or all of the services are not used for reasons on the part of the Traveler, or due to reasons which are beyond the control of Blue Religion, the Traveler is not entitled to a discount from the Tour Price.
- The processing of an individual request of a Traveler in addition to services included in the particular Tour is subject to a flat fee of 200 €.
Blue Religion has the right to be paid the agreed Tour Price by the agreed date specified and notified to the Traveler. The Tour Price must always be paid prior to departure and start of the Tour. Unless it is not specifically agreed otherwise,
the Traveler must pay the agreed price as follows:
- 60% of the Tour Price stated in the Tour order confirmation sent to the Traveler in accordance with Article I., Point 6 of these Terms within 3 working days of the receipt of the confirmation, if the Tour Agreement is concluded in a different manner than according to Article I., Point 6 of these Terms, then within 3 days from the signature of such Tour Agreement;
- the remainder of the Tour Price, including any and all mandatory payments and amounts not included in the Tour Price order summary, within a deadline set by Blue Religion Travel Agency and notified to the Traveler, usually 90 days before the start of the Tour;
- If the Tour is booked with less than 90 days until the start of the Tour, the Traveler shall pay the Tour Price according to the order summary confirmation delivered to the Traveler in accordance with Article I., Point 6 of these Terms, no later than 3 working days from the receipt of this confirmation;
- If the Tour Agreement is concluded in a different manner than according to Article I., Point 6 of these Terms, within a period of less than 90 days until the start of the Tour, the Traveler shall pay the Tour Price no later than 3 working days from the signature of such Tour Agreement.
- The Traveler acknowledges that in accordance with these Terms, the Tour Agreement is deemed signed and effective by even a partial payment of the Advance or Tour Price based on the Tour booking confirmation delivered to the Traveler in line with Article I., point 6 of these Terms or a signed Tour Agreement according to Article I., Point 7 of these Terms, unless the parties specifically agree otherwise.
- In the event that Blue Religion determines that the price of facultative trips within a Tour must be paid in advance (or before the start of the Tour), Blue Religion is authorized to demand the payment of such facultative trips in accordance with Article II., Point 6 of these Terms. If the Traveler fails to pay the price for such the facultative trip, he/she is not entitled to participate in that trip.
The Traveler can choose from more pay options, which will be made available on the www.bluereligion.org website, above all the following can be used for payment:
- Payment through Stripe platform – payment is made through a payment services provider, the company Stripe, Inc. based in San Francisco, U.S.A., based on credit or debit card information provided by the Traveler for the payment. The payment will be withdrawn by Stripe platform and the Traveler will receive payment confirmation. Please note that a payment which has already been made is not refundable on the Stripe platform. This non-refundability does not affect any possible refunds within the complaints process according under these Terms. For more information on Stripe services, please go to https://stripe.com/en-ch or https://support.stripe.com/
- Direct payment by bank transfer to the account – Traveler can also make the payment directly by bank transfer. If bank transfer payment is selected, the Traveler will receive information and details necessary for successful bank transfer payment. In case of payments for facultative trips, Blue Religion does not act as the recipient of the payment, in this case, the service will be provided for you by the recipient of the payment.
- Any payments and fees for individual requests of the Traveler made after Tour Agreement signature or beyond the scope of the Tour Agreement shall be payable in the amounts and deadlines agreed with the Traveler on the basis of an individual offer for the requested services.
- If the Tour Price is not paid in its entirety, the representative (or the Traveler), who signed the Tour Agreement on behalf of other persons specified in the Tour Agreement, is obliged to pay the Tour Price for these persons (this applies regardless of whether or not a power of attorney according to Article I., Point 3 of these Terms is presented, or regardless of non-participation of some of the specified persons on the Tour).
- The Traveler and persons specified in the Tour Agreement shall be entitled to the agreed services only after full payment of the Tour Price. In case of delayed payment of the agreed Tour Price or advance payment, Blue Religion shall be entitled to withdraw from the Tour Agreement and demand payment of severance pay in accordance with these Terms.
Article III. Program, Transport and Luggage, Travel Documents, Accommodation, Meals, Tour Itinerary
- The basic Tour program is described in the current Tour offers of Blue Religion, especially on the web site www.bluereligion.org. A detailed plan for most Tours will be sent to Travelers after the booking and payment of advance is made. The Traveler acknowledges that the program cannot be changed according to individual requests of the Traveler.
- If the Tour includes the services of a tour guide provided by the Blue Religion Travel Agency (hereinafter referred to as the “Guide”), the Traveler is obliged to respect his/her instructions. The Traveler must respect also the instructions of the drivers and other accompanying staff (for example transport guides, local guides and similar) and the security and administrative staff of a given country. The Traveler is obliged to respect the deadlines for meetings and departures of means of transport and he must respect the agreed time of departure set by the Guide at individual stops, and also he must respect other organizational instructions. In event that the Traveler fails to arrive within the time limit set by Blue Religion or by the Guide, the Traveler shall join the Tour at his own expense and responsibility at the next scheduled stop according to the program.
- If the Traveler’s behavior compromises or endangers the program, safety or course of the Tour, or if he demonstrably harasses other Travelers, or otherwise violates these Terms, the valid legal code of the Slovak Republic or of the visited country, he may be excluded immediately from the Tour, without financial compensation, while being obliged to return to the start of the Tour or to a different agreed place at his own expense and responsibility.
- In the event of a discrepancy between the program listed on the website www.bluereligion.org and any other different Tour document, the information on the website www.bluereligion.org shall take precedence, unless specified otherwise in advance.
- The Traveler agrees that, given the nature of the Blue Religion Tours, Blue Religion has the right to change the planned Tour program due to current physical, mental or medical condition of the Traveler, or due to unfavorable natural, political or security conditions, or due to not receiving permit to enter the given country or region. These changes do not form basis for any compensation for the Traveler from Blue Religion.
- Some Blue Religion Tours also include a program which, being in exposed geographical conditions, assumes that the Traveler is physically and mentally fit and duly prepared. The Traveler acknowledges that he must respect local habits and is aware that he needs to meet these prerequisites.
- By concluding the Tour Agreement, the Traveler specifically declares that, taking into account the nature of the Tours organized by Blue Religion, these Tours are a specific product, which, in the event of any unforeseeable circumstances or unavoidable and extraordinary circumstance of force majeure, requires additional expenditure and costs borne by the Traveler. These are in particular, but not exclusively – payment for airfare in order to maintain further Tour continuation, or return home respectively, in case the extraordinary and unavoidable circumstance causes the original planned course of the Tour to be impassable (for example a war, terrorist attack, rebellion, strikes, earthquake, other natural disasters, spread of contagious disease, decisions of state authorities, embassies, representative bodies in connection with granting/not granting a visa, etc., or any other threat to the safety, health or life of the Traveler).
- The Traveler explicitly agrees that Blue Religion is entitled to change the route of the Tour, part of the Tour, Tour program, and time schedules of a Tour for which continuation is made difficult or impossible due to unforeseeable extraordinary circumstances (for example those mentioned in Article III. Point 7 of these Terms), which could not have been foreseen at the time of Tour Agreement signature, and which could not have been avoided, whilst Blue Religion alone is authorized to decide based on own judgment if the Tour will continue and any recommendations of third parties are not binding for Blue Religion. In the event of non-acceptance of the changed/alternative program route, the Traveler undertakes to reimburse Blue Religion for the actual extra costs incurred, while being entitled to separate from the Tour and make his own travel arrangements at his own expense, risk and responsibility; in such cases no claims against Blue Religion can be made by the Traveler.
Tour Agreement parties have agreed and the Traveler explicitly agrees that due to the nature of the Tours organized by Blue Religion, which are a specific product, the following is not considered to be a substantial change of Tour Agreement conditions:
- An amendment pursuant to Article III., Point 7 of these Terms;
- Change of accommodation to a higher or same category due to reasons, for which Blue Religion is not responsible for, or which arise from an unforeseeable extraordinary circumstance/force majeure;
- Change of place of embarkation and disembarkation point, time and place of departure or arrival;
- Change in mode of transport and transport malfunctions (primarily, but not exclusively: delays of aircraft/train/other means of transport, change of transport provider, change of aircraft type, breakdown of means of transport).
- The Traveler acknowledges that sharks, whales and other animals, which are to be observed on the Tour, are wild animals and their presence cannot be ensured or guaranteed in any way. Taking the before mentioned into account, the Traveler explicitly agrees that he is not entitled to any financial or other compensation in the event of no-show or in case of a limited occurrence of sharks, whales and other wild animals during the Tour.
- By concluding the Tour Agreement, the Traveler acknowledges and explicitly agrees that carrying out of any sports and other facultative activities during the Tour (for example swimming, snorkeling, freediving, diving, adrenaline activities and other sports and activities, etc.), which are not explicitly included in the provided services as part of the purchased Tour, is solely at his own responsibility and risk. Blue Religion Travel Agency is not liable for any possible consequences or damages, which the Traveler incurs or which incur due to him carrying out these activities.
- In the event that a Tour includes diving activities, only divers with required qualification “official diver certification” may participate in the dive, and must submit this diving license to the respective Blue Religion staff or to a different person responsible for on-site control of these licenses before commencing the diving activity. In case that the Traveler is in possession of this license, but has not been diving in the last 12 months prior to the start of the Tour, he/she is obliged to complete the “refresh course” and prove its completion with corresponding certificate of attendance together with the license before the start of the diving activity.
- Blue Religion applies strict security principles during diving and any other activities in the water (freediving, snorkeling), and strictly prohibits any such activities under the influence of alcohol. Blue Religion reserves the right to subject the Traveler to a breath test or other test to detect the presence of alcohol in the Traveler’s body prior to commencement of these activities under the supervision of Blue Religion and not to allow the Traveler to carry out such activities in case alcohol is present or in case of refusal of the test by the Traveler.
- By concluding the Tour Agreement, the Traveler acknowledges and explicitly agrees that Blue Religion holds no responsibility over his physical and mental ability to perform any sporting and other facultative activities and will not compensate him for not attending such services due to the inability to attend.
Transport and Luggage:
The Traveler acknowledges and agrees that due to technical reasons the Tour may be prolonged or shortened up to ±2 days, while Blue Religion commits to adhering to the agreed program and the Tour price does not change. Blue Religion is not responsible for any transport malfunctions (delays, missed connections, defects in means of transport, vehicles and similar), nor for the resulting consequences.
The Traveler acknowledges, that the information provided during the booking of the Tour, in particular the name and surname, must be identical in full extent to the information in the travel document, used to legitimize the Traveler during the Tour, and in the event of any inconsistency, the Traveler is fully liable for any damages incurred to Blue Religion Travel Agency as its result, and the Traveler is obliged to pay in its entirety any additional costs involved resulting from this. Blue Religion will provide the Traveler with basic information regarding the visa requirements for all countries to be visited during the Tour. In the event that participation on the Tour requires valid visa for a given country, the Traveler is obliged to obtain the visa at his own expense and responsibility, unless specifically agreed otherwise with Blue Religion. Also, if the Traveler is interested in an individual extension of the Tour to a different destination, where valid visa is required, or a different obligation is needed for permission of entry to this destination, he must verify the needed number of blank pages in his passport and must obtain the entry permission at his own expense and responsibility, unless specifically agreed with Blue Religion otherwise. Blue Religion is not responsible for the inability to participate on the Tour due to the fact that the Traveler does not have a valid entry permit for the given country, or does not have any other necessary documents required to complete the Tour.
For most Tours, the Traveler is accommodated in hotels of middle and higher category (according to the local categorization of hotels and information available to Blue Religion Travel Agency), usually in rooms for two persons. For each separately registered Traveler in the event that the Traveler cannot be accommodated with a person of the same sex or the Traveler does not agree with the accommodation, Blue Religion shall provide accommodation in a single room for a surcharge for the whole duration of the Tour and the Traveler undertakes to pay for this single room in the amount stated in the surcharge calculation or in a different written form (e.g. a request for surcharge payment sent by e-mail). In the case of Tours involving stay at sea, accommodation shall be provided primarily in berth cabins for two persons, according to the possibilities and class of the vessel concerned. The accommodation categorization stated in the Tour offers is subject to subjective evaluation of the Blue Religion travel agency, which is based on the local categorization of hotels, if such exists. The details of the accommodation will be provided to the Traveler in more detail prior to the Tour and the Blue Religion staff will provide assistance in answering any questions raised. Taking into account the nature of the tours and depending on the possibilities of the location, the Traveler agrees that Blue Religion is entitled to change accommodation, if the new accommodation and other services provided are in the same or higher category or standard, both before and during the Tour. The change of accommodation, if the accommodation and other services connected with it are in the same or higher category, is not a reason for withdrawal from the Tour Agreement by the Traveler, or for making a complaint due to defective performance.
The current offer of Blue Religion available on the website www.bluereligion.org or more detailed information provided prior to the start of the Blue Religion Tour state if, and to what extent, are the meals included in the Tour Price.
Blue Religion explicitly recommends that the Traveler takes out insurance of medical costs abroad in the relevant insurance company. Before attending a Blue Religion Tour, we recommend a preventive medical examination by a general physician and the dentist and preventive vaccination. The Traveler must ask his physician what are the recommended and mandatory vaccinations. Information on required vaccinations and their price are subject to change and Blue Religion does not influence this, nor is responsible for them.
Tour Guide provided by Blue Religion
The Guide is a collaborating person providing support during the Tour. The Guide passed exams given by Blue Religion and has experience in tourism. For some Tours, Blue Religion also uses the services of local Guides. Usually, the Guide joins the group at the arrival destination, most frequently in the arrival hall or at the point of first accommodation of the Tour program. The services of the Guide shall terminate on the day of departure of the Travelers, unless otherwise agreed.
Article IV. Rights and Obligations of the Tour Agreement Parties
The Traveler’s fundamental rights include:
- The right to the provision of contractually agreed and paid services in the agreed scope and quality;
- The right to request from Blue Religion information on all facts relating to the contractually agreed and paid services;
- The right to be informed, within the agreed or legally prescribed deadlines of any changes to the contractually agreed and paid services;
- The right for the protection of personal data provided to Blue Religion in connection with the Tour;
The right to receive no later than 7 days prior to the start of the Tour further written detailed information on all facts that are important for the Traveler and known to Blue Religion, unless they are already contained in the Tour Agreement or in other documents already handed over to the Traveler or made available to him, in particular:
- specifying the information contained in the Tour Agreement which is not included in any other documents that have already been handed over or made available to the Traveler;
- details on the possibility of contact with the minor or a Blue Religion representative (including a Guide) at the place of stay of the minor, in the case of a Tour involving a minor;
- the name, place of stay or contact address and a phone number of the Blue Religion representative, who can be contacted for assistance by Travelers during the Tour in case of difficulties, and who is entitled to receive and handle Traveler’s complaints during the Tour within his competence;
- All necessary documents needed by the Traveler to be provided agreed services (e.g. hotel voucher to provide agreed accommodation and meals, voucher for the Blue Religion representative at the place of stay to provide facultative trips;
- Information on travel insurance abroad and the possibilities of taking out such travel insurance.
- The right to be informed without delay of any changes to the Tour program, scope of services and price;
- The right to cancel participation on the Tour by withdrawing from the Tour Agreement at any time before the start of the Tour, under the conditions stipulated in these Terms;
- The right to notify Blue Religion in writing prior to the start of the Tour, that another person (hereafter referred to as the “New Traveler”) will take part in the Tour, within the deadlines and under the conditions laid down in these Terms; the Notice must also include a declaration and signature of the New Traveler that he agrees with the concluded Tour Agreement and meets all agreed conditions for participation at the Tour. On the day of receipt of the Notice by Blue Religion, the person in the Notice shall become a Traveler. The original Traveler and the New Traveler shall be jointly and severally be liable for the payment of the Tour Price and the costs incurred by Blue Religion in connection with the change of Travelers;
- The right to claim services in accordance with the conditions set out in these Terms.
The Traveler’s basic obligations include:
- Provide Blue Religion with the necessary cooperation to properly secure the agreed services, in particular truthfully and fully state the required information in the order and the Tour Agreement (according to the information in the travel document or identity card used by the Traveler to travel); without delay inform on changes of before mentioned information and present the documents required by Blue Religion;
- To notify Blue Religion without undue delay of his/her opinion on any changes in the content of the agreed services, if they are deemed to have changed an essential condition of the Tour Agreement according to these Terms;
- To provide power of attorney from persons represented, unless the person represented is not the spouse or own underage child;
- To inform in a timely manner, at the latest before the Tour Agreement enters into force, of the foreign nationality of the accompanying Traveler or Travelers;
- For persons under 18 years of age and for persons whose medical or other condition so requires, to ensure the accompanying and supervision of an adult and competent person in accordance with Article I., point 9 of these Terms and ensure the submission of an authorization signed by the legal guardians of the minor in accordance with Article I., point 9 of these Terms;
- To pay the agreed Tour Price duly, on time and in full; if the Traveler fails to pay the Tour Price in time, Blue Religion has the right to withdraw from the Tour Agreement;
- To arrive prepared at the designated place at the designated time; in the event of delay not caused by Blue Religion, the Traveler is obliged to arrive at his own expense and responsibility to the place corresponding to the schedule in the program;
- To follow the instructions of Blue Religion, or other instructions from the Guide, to follow the set program, applicable regulations for the country visited, the accommodation rules of the facility and the transport rules of the means of transport used; to pay for any damage caused in accommodation facilities or in the transport means during the duration of the Tour;
- To observe the customs, passport, transport, security, health, hygiene and other laws and regulations of the countries visited for the whole duration of the Tour;
- To comply with vaccination and other medical obligations when travelling to countries, for which these obligations are laid down;
- To carry all valid travel documents required to enter the country visited, in particular the passport, visa, vaccination card (if required), travel insurance document, if the Traveler is insured; the Traveler is obliged to obtain these documents himself, unless Blue Religion has specifically offered and provided such a service;
- To act in such manner, as to avoid damage to the property of Blue Religion or damage to the health or property of other Travelers on the Tour, subcontractors of services or other third parties. If it is suspected that the Traveler could endanger the life or damage the health of other Travelers on the Tour or third persons, he is obliged to present medical certificate which clearly indicates that such endangerment or damage will not happen;
- To refrain from any action detrimental to or restricting other Travelers on the Tour;
- To report without delay the change in personal data mentioned in the Tour Agreement, in particular the contact address, phone or other contact, etc., for the purpose of fulfilling the contractual obligations;
- To ensure that any claims against services providers under these Terms are properly and timely enforced.
- If the Traveler incurs costs or damages solely as a result of the breach or breach of duties specified in Article IV., point 2 of these Terms, he is not entitled to demand compensation from Blue Religion. If Blue Religion incurs costs or damages as a result of breach of Traveler’s duties specified in Article IV., point 2 of these Terms, Blue Religion shall be entitled to demand compensation from the Traveler.
- Blue Religion shall not be obliged to procure or provide the Traveler nor the persons in the Tour Agreement any services beyond those agreed and paid in advance.
- If the Traveler finds himself in difficulty as a result of his willful act or negligence, Blue Religion is entitled to charge the Traveler for the assistance provided. The cost cannot exceed the actual costs incurred by Blue Religion in providing assistance to the Traveler.
Article V. Changes to Agreed Services, Tour Cancellation by Blue Religion
If Blue Religion is forced to change an essential condition of the Tour Agreement before the tour begins, it shall propose to the Traveler the necessary amendment to the Tour Agreement. However, the following are not considered to be changes in the essential terms of the Tour Agreement:
- the amendments referred to in Article III., point 9 of these Terms;
- changes during the Tour and the provision of an adequate alternative program or a change of the specified Tour program for reasons for which Blue Religion is not responsible or are caused by force majeure;
- failure to provide a Guide or a local guide;
- change of airline, aircraft type and route and time. If the proposed change to the Tour Agreement leads to a change in the Tour Price, the new price must be stated in the proposal. The Traveler has the right to decide whether to accept the change or to withdraw from the Tour Agreement without paying a severance payment (contractual penalty). The decision must be notified by the Traveler in writing to Blue Religion within the deadline specified by Blue Religion in the proposed amendment. Otherwise, it is presumed that he agrees with the proposed change.
- The decision whether a Tour is being held is the sole responsibility of Blue Religion. The organization of the Tour by Blue Religion is conditional on reaching a minimum number of travelers, and Blue Religion reserves the right to travel with a smaller number of travelers at its discretion.
- Blue Religion furthermore reserves the right to cancel a Tour as a result of events which cannot be avoided even with every effort or as a result of unusual and unforeseeable circumstances.
- If Blue Religion cancels the Tour, it is obliged to notify the Traveler in writing without undue delay, no later than 21 days before the start of the Tour. In a shorter time, Blue Religion can only do so if the reasons are worthy of special consideration.
Article VI. Withdrawal from the Tour Agreement
- Blue Religion may withdraw from the Tour Agreement prior to the start of the Tour for legal reasons or due to a breach of the traveler's contractually agreed obligations by the Traveler.
Blue Religion may withdraw from the Tour Agreement prior to the start of the Tour without the obligation to compensate the passenger for the loss caused by such withdrawal, only if:
the number of Tour participants is lower than the minimum number of Tour participants required by the Tour Agreement and Blue Religion shall withdraw from the Tour Agreement within the period specified in the Tour Agreement, but no later than
- 20 days prior to the start of the Tour, if the trip lasts more than 6 days,
- 7 days prior to the start of the Tour, if the trip lasts from 2 days to 6 days,
- 48 hours prior to the start of the Tour in the case of trips of less than 2 days, or
- inevitable and extraordinary circumstances prevent Blue Religion from fulfilling the Tour Agreement and Blue Religion shall notify the Passenger of withdrawal from the Tour Agreement without any delay before the start of the Tour.
- the number of Tour participants is lower than the minimum number of Tour participants required by the Tour Agreement and Blue Religion shall withdraw from the Tour Agreement within the period specified in the Tour Agreement, but no later than
The Traveler has the right to withdraw from the Tour Agreement at any time before the start of the Tour:
- without giving any reason,
- if he disagrees with the proposed amendment to the Tour Agreement pursuant to Article V., Point 1 of these Terms,
- due to a fundamental breach of Blue Religion's obligations under the Tour Agreement or violation of the Travel Act.
- The Traveler shall give notice of withdrawal in writing by delivering it to Blue Religion personally or by registered mail or delivering it in another demonstrable manner to Blue Religion. Withdrawal shall take effect from the date of receipt of the written notice of withdrawal from the Tour Agreement to Blue Religion.
- If the Passenger's withdrawal from the Tour Agreement is due to a breach of Blue Religion's obligations or if a new Tour Agreement under Article V., Point 1 of these Terms is not concluded, Blue Religion shall within 60 days refund to the Traveler the whole amount received from him as payment of the Tour Price under the canceled Tour Agreement, and the Traveler is not obliged to pay severance pay to the Blue Religion.
If the reason for the Traveler's withdrawal from the Tour Agreement is not a breach of the Blue Religion obligations specified in the Tour Agreement or the Travel Act, or if Blue Religion withdraws from the Tour Agreement due to the breach of the Traveler’s obligation, the Traveler is obliged to pay severance pay to Blue Religion. The amount of severance pay depends on the number of days remaining until the start of the Tour or the agreed services and is determined as follows, the amounts indicated are for 1 person regardless of age:
- 150 to 120 days before the start of the Tour - severance payment equal to the deposit and 30% of the Tour Price
- 119 to 90 days before the start of the tour - severance payment equal to twice the deposit and 70% of the Tour Price
- Less than 90 days before the start of the Tour - severance payment equal to the Tour Price.
- If the Traveler does not start the Tour without prior withdrawal from the Tour Agreement or does not voluntarily use the service during the Tour or stay, he is obliged to pay the entire Tour Price. The same applies if the Traveler cannot embark on a Tour or stay or use the service for breach of his/her obligations.
Blue Religion will not claim compensation:
- if the Passenger provides a substitute, i.e. New Traveler. The original Traveler and the New Traveler shall be jointly and severally liable for the payment of the Tour Price and the costs incurred by Blue Religion in connection with the Traveler change. The New Traveler will book a Tour identical to that of the original Traveler by himself through www.bluereligion.org, and the Tour Price paid by the original Passenger will be considered as payment for the Tour of the New Traveler, which the original Traveler acknowledges and agrees to. In the event that the original Traveler has not paid the entire Tour Price, the New Traveler is obliged to pay the difference between the amount paid by the original Traveler and the Tour Price booked by the New Traveler within the time limit set by Blue Religion. The new Traveler shall obtain the entry permits and airfare tickets himself and at his own expense, unless otherwise agreed with Blue Religion;
- upon cancellation of the Tour by Blue Religion.
- In determining the number of days for the calculation of severance pay, the day on which the withdrawal from the Tour Agreement takes effect shall be decisive, and this day shall also count towards the number of days.
- Blue Religion has the right to deduct its entitlement to severance pay from the refund of the deposit or refund of the Tour Price or other services. If the severance payment is lower than the paid Tour Price or booked services, Blue Religion shall refund the difference from the paid Tour Price and/or booked services to the Traveler within 15 days from the date of written notification of the account number to which the difference is to be paid. If the severance payment is higher, the Traveler is obliged to pay the unpaid part of the severance payment without delay, at the latest within 7 days. The Passenger is not entitled to set off any of its claims against the Blue Religion claims.
- If the severance payment is not paid in its entirety, the Traveler who has signed the Tour Agreement on behalf of other Travelers or for the benefit of other Travelers specified in the Tour Agreement shall be obliged to pay the severance payment himself, even in cases where it is later found that he has entered into this Tour Agreement in violation of Article I., Point 3 of these Terms, or if any of the represented Travelers did not participate in the Tour.
Article VII. Responsibility for Providing the Tour
- Blue Religion shall be liable for a breach of the Tour Agreement even if other tour operators have the duties to provide services within the Tour (hereinafter referred to as "Breach of the Tour Agreement").
- If any of the tourism services are not provided in accordance with the Tour Agreement, the Travel Act or a special regulation, or if they do not possess the qualities the Traveler has reasonably expected in view of the offer and custom, the Traveler shall immediately notify Blue Religion or its authorized representative.
- Blue Religion shall, within a reasonable period of time determined by the Traveler, remedy the service to comply with the Tour Agreement, the Travel Act or a special regulation or with the Traveler's reasonable expectation, if this is possible due to given circumstances or if it does not cause Blue Religion unreasonable costs due to the extent of the breach of the Tour Agreement and the value of the tourism services concerned.
- The determination of the time limit pursuant to Article VII., Point 3 of these Terms is not necessary if Blue Religion informs the Traveler that it will not remedy the situation, or if the remedy cannot be delayed due to the Traveler’s special interest.
If Blue Religion fails to do the remedies under Article VII., Point 3 of these Terms, it shall offer the Traveler alternative travel services even if the Traveler’s return to the place of departure is not provided under the Tour Agreement, and such travel services must be:
- of the same or higher quality as specified in the Tour Agreement, at no additional cost to the Traveler; or
- of a lower quality than that specified in the Tour Agreement, offering a reasonable discount on the price of these tourism services.
- The Traveler may refuse alternative travel services offered by the Blue Religion Travel Agency pursuant to Article VII., Point 5 of these Terms, if the alternative travel services are not comparable to the travel services specified in the Travel Agreement or the discount offered for lower quality services is not adequate. If, in accordance with the first sentence, the Traveler refuses alternative tourism services offered, or is unable to accept such alternative tourism services for objective reasons, the Traveler shall continue to use the tourism services which are the subject of the notification under Article VII., Point 2 of these Terms, and the Blue Religion Travel Agency will provide the Traveler with a reasonable discount on the Tour Price for the travel services that have been notified under Article VII., Point 2 of these Terms.
If Blue Religion fails to do the remedies referred to in Article VII., Point 3 of these Terms, nor does it provide the Traveler with alternative tourism services under Article VII., Point 5 of these Terms, the Traveler has the right to:
- carry out the remedy himself and demand reimbursement of reasonable costs incurred from Blue Religion
- withdraw from the Tour Agreement without paying a severance pay and demand a reasonable discount from the Tour Price for tourism services that have not been provided in a due and timely manner in respect of a fundamental breach of the Tour Agreement.
The Blue Religion Travel Agency shall, in cooperation with the Traveler, make a written record of these events and hand over to the Traveler a copy of this written record if:
- Blue Religion fails to make the remedies referred to in Article VII., Points 3 and 5 a) of these Terms;
- Blue Religion provides the Traveler with alternative tourism services pursuant to Article VII. Point 5 b) of these Terms;
- The Traveler refuses or cannot accept alternative tourism services for objective reasons In accordance with Article VII., point 6, first sentence of these Terms;
- The Traveler in accordance with Article VII. Point 7 a) of these Terms ensures the remedy himself.
- The Traveler has the right to file a complaint regarding the Tour within two years two years from the end of the Tour or, if the Tour did not take place, from the day when the Tour was to be terminated under the Tour Agreement. If possible, the Traveler shall attach a written record pursuant to Article VII., Point 8 of these Terms.
- The passenger is entitled to an appropriate discount under Article VII., Point 5 b) or Article VII., Point 7 of these Terms. If the Blue Religion Travel Agency does not prove that it was the Traveler who has caused the Tour Agreement violation, it is obliged to return the Traveler a part of the price according to the first sentence within 30 days from the date of claim, taking into account the seriousness and duration of violation of the Tour Agreement; this does not affect the right of the Traveler to claim damages under the provisions of the Travel Act, par. 23
- If the Tour also includes transfer of Traveler, Blue Religion in cases under Article VII., Point 6 or Article VII., Point 7 b) of these Terms shall ensure repatriation by comparable transport without delay and at no additional cost to the Traveler.
- If due to unavoidable and extraordinary circumstances it is not possible to ensure the return of the Traveler according to the Tour Agreement, Blue Religion shall reimburse the cost of the necessary accommodation, if possible of the same category and class, for a maximum of three nights per Traveler. Where longer time limits are laid down in the specific provisions on Traveler Rights applicable to the means of transport concerned for the return of the Traveler, these longer time limits shall apply.
- The restriction on accommodation costs under Article VII., Point 12 of these Terms does not apply to persons with reduced mobility and persons accompanying them, pregnant women, unaccompanied minors or persons in need of special medical care if the travel agency was informed of special needs at least 48 hours before the start of the tour.
- Blue Religion Travel Agency cannot rely on unavoidable and extraordinary circumstances for the purpose of limiting the liability to cover the costs of accommodation under Article VII., Point 12 of these Terms, unless those circumstances can be invoked by the transport provider concerned.
- If Blue Religion does not provide the Traveler with services or a substantial part of the services after the start of the Tour properly and on time, or if it finds out that these services won’t be able to be provided, even though the Tour Agreement obliges it to do so, Blue Religion must take measures so as to ensure further Tour continuation. If it is not possible to ensure the continuation of the tour other than through services of a lower quality than agreed in the Tour Agreement, Blue Religion is obliged to return the price difference between the offered and booked services to the Traveler. A change of accommodation, if the accommodation and other services associated with it are of the same or higher category or standard, a change of the set Tour Program due to reasons for which Blue Religion is not responsible or changes due to force majeure, failure to provide the Guide or local guide services shall not be considered services of lower quality.
- If the services of lower quality cannot be provided or the Traveler does not accept them, Blue Religion is obliged to return the difference of the Tour Price to the Traveler. In the event that the Tour also includes transportation, Blue Religion is obliged to provide the Traveler with transportation back to the departure point or other return point with which the Traveler agrees, including the necessary substitute accommodation and meals.
- If the scope or quality of the services is lower than agreed in the Tour Agreement, the Traveler shall have the right to claim, which he is obliged to make pursuant to the Complaints Procedure referred to in Article VIII. of these Terms.
The Blue Religion is obliged to provide reasonable assistance to the Traveler in difficulty without delay, even under the circumstances of Article VII., Point 12 of these Terms, in particular by providing:
- appropriate information on health care services, local authorities;
- help to the Traveler with frequent communication to find alternative solutions to the problem.
- If the Traveler finds himself in difficulty as a result of his willful act or negligence, Blue Religion is entitled to charge the Traveler for the assistance provided. The reimbursement must not exceed the actual costs incurred by Blue Religion in providing assistance to the Traveler.
- If a Traveler does not embark on a Tour without prior withdrawal from the Tour Agreement or does not voluntarily use the services provided during the Tour or stay, he/she has no rights to claim for defects against Blue Religion. The same applies if the Traveler is not able to embark on a tour or use the service for breach of his/her obligations.
- If circumstances arise whose occurrence, course and effect are not dependent on Blue Religion's activities and procedures or circumstances on the part of the Traveler, which can result in not attending or using all booked, ensured and paid services, the Traveler is not entitled to a refund or a discount on the price of these services or the Tour Price.
- If, as a result of a breach or failure to comply with obligations under the laws in force and effective at the place of stay, the Traveler is expelled from the country or the place of stay or is subject to other preventive or sanction measures, the Traveler is not entitled to claim damages from Blue Religion, nor any other costs or other harm which he incurs in this connection.
- Blue Religion explicitly draws attention to possible delays of means of transport due to the deterioration of road conditions, the burden of border crossing points, the organization of air traffic, unfavorable weather conditions, and, where appropriate, for technical and operational reasons. Blue Religion shall not be liable for damages caused by delay in means of transport under the conditions specified in Article VII., Point 14 of these Terms. Delay in means of transport is not considered to be a cause to withdraw from Tour Agreement.
- Blue Religion shall not be liable for damage caused by withdrawal or breach of obligations not caused by either Blue Religion nor its service providers and the damage was caused by the Traveler or a third party not connected with the Tour or by an event which could not have been avoided by any efforts or as a result of unusual and unforeseeable circumstances.
Article VIII. Complaints Procedures
- By these Complaints procedures, Blue Religion duly informs the Traveler on conditions and manner of exercising rights in complaints of services (hereinafter referred to as the “Consumer Protection Act”), in accordance with par.18 point 1 of Act no. 250/2007 Coll. on Consumer Protection and on amendment to Act no. 372/1990 Coll. on offenses.
- These Complaints Procedures are issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the Consumer Protection Act, the Travel Act and other generally binding legal regulations of the Slovak Republic.
- If the scope or quality of the services is lower than agreed in the Travel Agreement, the Traveler shall be entitled to claim. The Traveler must exercise the right to have the defective service removed without undue delay, either on-site with the service provider or with an authorized Blue Religion representative (e.g. Guide) so that immediate remedy can be obtained. The Blue Religion representative (e.g. the Guide) must decide on the method of handling the complaint immediately within his/her competence, in complicated cases no later than 3 working days from the date of the complaint and in justified cases, especially when complicated technical evaluation of service state is required, no later than 30 days from the date of claim. Once the method of handling the complaint has been determined, the complaint shall be settled immediately; in justified cases, the complaint may be settled later; however, the complaint must not be processed for more than 30 days from the date of the complaint. After the expiry of the time limit for settling the claim, the consumer has the right to withdraw from the Tour Agreement.
- If it is not possible to immediately settle the claim and remedy it, a Blue Religion representative (e.g. a Guide) or a service provider will make a written Complaints Protocol together with the Traveler, including the name of the Tour, Traveler and subject of the complaint. The protocol shall be signed by a Blue Religion representative (e.g. a Guide) or a service provider and the Traveler who receives one copy of it. The signature of a Blue Religion representative (e.g. a Guide) and a service provider shall not be deemed to constitute acceptance of the content of the record nor verification of the alleged subject of the complaint – it serves solely to verify the authenticity of the record as a basis for subsequent process. The Traveler is obliged to present this confirmed record at the Blue Religion office when processing the complaint.
- The Traveler must exercise his right to claim in writing in the Blue Religion office without delay, but no later than two years after the end of the Tour or, in the absence of the Tour, from the date on which the Tour was to end under the Tour Agreement, otherwise this right expires. Blue Religion is obliged to respond to all complaints filed in accordance with the above conditions in writing within 30 days of receiving the complaint at the latest. Damage and property damage falling within the insurance coverage of the insurance company on the basis of an insurance contract (e.g. accident), nor those excluded from the scope of the insurance coverage, shall not be considered as a reason for complaint.
- Travelers can send their complaints to: Klincova 37, 821 08 Bratislava, Slovak Republic or to the following e-mail address: email@example.com.
- Alternative Dispute Resolution: the Traveler has the right to turn to Blue Religion to request corrective action if he is not satisfied with the way his complaint was dealt with or if he thinks that Blue Religion violated his rights. The Traveler has the right to assert and resolve his rights and claims also out of court and to this end submit a petition for the initiation of an alternative dispute resolution (hereinafter referred to as the "Proposal") to an entity dealing with alternative dispute resolution pursuant to Act no. 391/2015 Coll. on Alternative Dispute Resolution, if Blue Religion has refused to respond to a request under the previous sentence or has not replied to it within 30 days of its dispatch. An up-to-date list of ADR entities is available at: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
Article IX. Privacy Protection
Information on the processing of personal data by the Blue Religion Travel Agency according to § 19 et seq. of Act no. 18/2018 on the Protection of Personal Data, (hereinafter referred to as the "Personal Data Protection Act") in accordance with Articles no. 13 and 14 of Regulation of the European Parliament and of the Council of the European Union no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive No. 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”)
Personal data controller:
The personal data controller is a person who defines the purpose and means of processing personal data and processes personal data in his own name.
The operator of personal data when concluding contracts and performing activities under these Terms is the Blue Religion Travel Agency. If the term Operator is used in this part of the Terms, it means Blue Religion.
All rights and obligations of the Blue Religion as the controller as well as the rights of the data subject are regulated by the Personal Data Protection Act and the GDPR Regulation, which the Operator strictly respects.
Telephone number: +421 910 183 332.
The Operator has an authorized Data Protection Officer, who oversees the proper processing of personal data and which the Traveler as a data subject can contact at any time, in writing at Klincová 37, 821 08 Bratislava or electronically at Info@bluereligion.org.
Scope and categories of personal data processed
The scope or the list of processed personal data is determined by the relevant legal regulations; it is based directly or indirectly on the concluded Travel Agreement as well as other contractual documentation or is stated in the consent to the processing of personal data (if applicable).
The Operator processes the personal data to the extent necessary to fulfill the purpose of their processing. In particular, these are identity-related and contact information, i.e. title, first name, surname, home address, date of birth, social security number, number and scan of travel document (if required), e-mail and telephone number.
For marketing purposes, the Operator processes the following categories of personal data:
- Basic identification data - title, name, surname and address of residence;
- Contact details - email address and telephone number;
- Where applicable, photographs of the Tour experience taken by the Travelers, if provided (Travelers hereby grant the Operator their permission using their portrait, picture and sound recordings in accordance with Section 12 (1) of the Civil Code);
- Information on the use of products and services - what services the Traveler has in the past expressed interest in, information on the use of the client zone, etc., based on which the Operator can recommend suitable products and services;
- Information from telephone call records or other interactions with the Traveler, for example by e-mail or SMS.
Sources of personal data
The Operator obtains the personal data referred to in Article X., Point 2 of these Terms directly from the Traveler as a data subject. In the absence of personal data obtained directly from the Traveler as a data subject, the source of such personal data is in most cases a co-traveler or a family member. Personal data or some of personal information is included when one subscribes to the newsletter, registers at www.bluereligion.org, in the Tour Agreement, or in other places in the online environment or other documents.
Personal data may also, in some cases, come from publicly available sources, registers and records, for example from a business register or, exceptionally, from third parties authorized to provide them.
Purpose of processing
If personal data is processed in connection with the fulfillment of the Operator's contractual obligations, the legitimate interest of the Operator or pursuant to a special regulation or an international agreement by which the Slovak Republic is bound, the purpose of the processing is mainly related to the following activities:
- concluding, recording and managing Tour Agreements, including customer care, for example within the portal;
- provision of all services resulting from the Tour Agreement;
- fulfillment of contractual obligations in relation to the provision of visas (if so agreed);
- the processing of personal data in the accounts;
- the processing of personal data in connection with the fulfillment of obligations arising from the employment relationship;
- recording and archiving;
- dealing with possible claims and active and passive litigation;
- performance of internal audit, compliance check, etc.
If personal data is processed with consent for marketing purposes, the main purpose of such processing is to offer the latest information on the current products and services of the Operator, or on the offers and services of the Operator's business partners.
- offer of products and services, the Operator may provide offers electronically, in particular in the form of e-mails or messages sent to mobile devices via telephone number or application, as well as through the client zone; by mail, telephone and so on;
- automated processing of personal data, including the use of applications for the purposes of remarketing, retargeting and user segmentation in order to tailor the offer to individual needs;
- conducting consumer competitions;
- satisfaction surveys on the products and services used;
- for the purpose of organizing social events organized by the Operator.
Consent for marketing purposes is voluntary. However, it is necessary for the Operator to be able to send individual offers of products and services, to secure consumer competitions, etc., and without such consent the Operator is not authorized to provide these services.
Provision of tourism services – Traveler’s personal data in the extent provided by him when concluding any Tour Agreement (or in a booking) and in connection with the performance of the Tour Agreement shall be processed by the Operator due to the necessity of processing such data subsequently also because of the necessity of processing these data for the purpose of fulfilling the Tour Agreement (legal basis under Article 6 (1) (b) of the GDPR).
Fulfillment of accounting obligations - Traveler's personal data processed in the Operator's accounting in connection with the provision of tourism services are processed by the Operator also for the fulfillment of its statutory accounting obligations (legal basis pursuant to Article 6 (1) (c) of the GDPR Regulation).
Marketing (newsletter) - The Traveler's personal data as he provides it (especially e-mail) when subscribing to the newsletter will be processed by the Operator with consent (legal basis under Article 6 (1) (a) of the GDPR Regulation) and if the Travelers have purchased any services from the Operator, the Operator will process the Traveler's personal data necessary to send newsletters due to their legitimate interest in sending services that the Traveler may be interested in (legal basis under Article 6 (1) (f) of the GDPR Regulation).
Operation of the portal - Personal data of visitors of the portal www.bluereligion.org, including data obtained from the use of the portal, will be processed by the Operator for the purpose of providing, improving and optimizing the operation of the portal, of the portal, detecting and preventing misuse of the portal (including prevention of fraud, security incidents and other similar activities), risk assessment and compliance with legal obligations (legal basis under Article 6 (1) (f) of the GDPR Regulation).
Answers to questions, requests, inquires - Personal data provided when contacting the Operator are processed by the Operator due to the necessity of their processing in order to exercise his legitimate interest in answering any questions, requests or inquiries asked (legal basis under Article 6 (1) (f) (GDPR Regulations).
Processing requests for the exercise of data subject rights under GDPR – Personal data of the data subject, at least to the extent of name, surname, e-mail address, telephone number and, where applicable, any other data provided by the data subject to the Operator for review, assessment, performance, equipment and information on the processing of an application concerning the exercise of some of the rights under Articles 16 to 22 of the GDPR shall be processed by the Operator due to the necessity of their processing in order to fulfill the legal obligation of the Operator under the data protection rules (legal basis under Art. (c) GDPR Regulations).
Profiling and automated decision making when processing personal data
The operator also carries out the so-called profiling, or automated processing in selected processes. Automated processing is the processing of personal data using exclusively automated information systems (e.g. software) or web applications for the purpose of calculating the price of a trip, etc. The Operator seeks to provide tailor-made offers for products and services, and for this reason personal data is profiled with the consent granted for marketing purposes.
Period of processing and storage of personal data
Provision of tourism services - Personal data processed in the provision of tourism services will be processed for as long as necessary to take action prior to the conclusion of the Tour Agreement, for the period necessary to exercise the rights and obligations under the Tour Agreement (maximum 4 years after the Tour), for the period required by the accounting regulations (maximum 10 years after the Tour).
Marketing (newsletter) - Personal data processed for the purpose of sending offers and news will be processed until withdrawal of consent for processing for this purpose or until cancelation from subscription.
Operation of the portal - Personal data processed in the operation of the www.bluereligion.org portal will be processed for the time necessary for the purpose for which they are processed, but for a maximum of 2 years.
Answering questions, requests, inquiries - Personal data processed when answering questions, requests and inquiries will be processed for the time needed to answer the questions and then for 3 years from sending the answer.
Processing of claims related to the exercise of data subjects' rights under GDPR - Personal data processed in the processing of claims related to the exercise of data subjects' rights under GDPR will be processed for the period necessary for processing the application and subsequently for 4 years from the handling of the claim.
Access to personal data and categories of recipients of personal data
In addition to the Operator and its employees, other persons who process personal data as intermediaries may have access to the processing of personal data. Given the range of services provided by the Operator, this is a very wide range of intermediaries, with the transfer of personal data also to third countries, mostly destination and transit countries under the concluded Tour Agreement. Below are the categories of intermediaries:
- accommodation providers;
- transport companies;
- cooperating agencies;
- local travel agencies;
- IT service providers;
- accounting service providers;
- law firms;
- public authorities;
- other persons providing services to the Operator and processing personal data on its behalf under a contract on processing of personal data.
In addition to the Operator and his employees, other persons who process personal data as intermediaries may have access to personal data for marketing purposes. For example, it may be external companies that manage IT systems or provide other services related to the processing of personal data for marketing purposes that have been mandated in writing for that purpose.
Personal data processed by the Operator may be transferred outside the European Economic Area if it is necessary for the delivery of the ordered Tourism service. If such a transfer of personal data occurs, we will ensure that such transfer takes place under the conditions and in the standard set by GDPR and the Data Protection Act.
The rights of the data subject when processing personal data
The data subject may exercise the following rights when processing personal data:
- the right of access and information to his personal data;
- the right to correct personal data;
- the right to delete personal data;
- the right to limit the processing of personal data;
- the right to transfer personal data;
- the right to object to the processing of personal data;
- the right to ineffectiveness of automated individual decision making, including profiling;
- the right to withdraw consent at any time (if consent is the legal basis for processing);
- the right to initiate proceedings to the supervisory authority, i. Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic, contact: +421 2 3231 3214, e-mail: firstname.lastname@example.org.
The data subject may exercise these rights in accordance with the Personal Data Protection Act and the GDPR, as well as other applicable legislation. The Operator shall provide comments and any information on the measures taken by the Operator as soon as possible, but not later than one month after receiving the request. In justified cases with regard to the complexity and number of requests, the Operator may extend this period by another two months, even repeatedly. The operator shall inform the person concerned of any such extension within one month of receipt of the application, together with the reasons for the extension of the period.
As a data subject, the Passenger may assert his rights to the Operator by means of a written request at the address of Blue Religion: Klincová 37, 821 08 Bratislava or by electronic means at: email@example.com.
Revocation of consent to the processing of personal data
Consent to the processing of personal data is based on the principle of voluntarity, i.e. the consent may be withdrawn at any time by e-mail sent to firstname.lastname@example.org giving the personal data of the data subject at least the name and surname, address of residence together with information that he does not want the Operator to process personal data (if the person concerned would be interested in receiving only selected offers, it is necessary to indicate which offers he/she is interested in so that the Operator could comply with the request).
In the event that the Traveler as a data subject has any questions or comments on the processing of personal data, the Passenger may contact the Operator by e-mail at the following address: email@example.com.
The current wording of Act no. 18/2018 on the protection of personal data and its amendments and is available to you via the link below: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2018/18/20180525
The current version of Regulation of the European Parliament and of the Council of the EU no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive No. 95/46 / EC (General Data Protection Regulation) is available at the following link: https://eur-lex.europa.eu/legal-content/SK/TXT/HTML/?uri=CELEX:32016R0679&from=SK
Article X. Mutual and Final Provisions
- The Tour Agreement and all legal relations to which these Terms apply shall be governed by the laws of the Slovak Republic and the relevant provisions of the Civil Code, the Travel Act and the Consumer Protection Act (insofar as the relevant EU Regulations and relevant International Treaties by which Slovak Republic is bound do not stipulate other applicable law).
- Blue Religion is entitled at any time to unilaterally change these Terms, the new Terms being effective as of the moment of their publication on the Portal, such modified Terms may also apply to the conditions of the Tours under the Travel Agreements concluded before the new Terms came into force, if it is in compliance with the Travel Act and Civil Code.
- The Parties agree that the Tour Agreement may only be amended or canceled in the manner specified for the conclusion of the Tour Agreement, i.e. in written or other appropriate form.
- Blue Religion is entitled to notify the Traveler of the contents of documents by telephone or by e-mail and subsequently deliver the documents to him/her in the manner specified in point 2. The document is considered delivered by the moment of the telephone notification or by sending the document via e-mail.
- Should any provisions of these Terms be invalid already at the time of their issue, or if they become invalid at a later date, this shall not affect the validity of the other Terms provisions. Instead of invalid provisions of the Terms, the provisions of the Civil Code, Commercial Code, Copyright Act and other applicable legal regulations of the Slovak Republic, which are in content and purpose closest to the content and purpose to the Terms, shall apply.
- For the delivery of electronic messages (e-mail), the electronic document shall be deemed delivered by its delivery to the Traveler's mailbox. For the delivery of documents, the package shall be deemed to have been delivered even if the addressee refuses to accept it, or even if the addressee does not accept it by his own fault or omission. In such a case, it shall be deemed to have been delivered by the expiry of the postal storage period as specified by the sender and the return of the package to the sender, on what the sender must prove undamaged proof. Notices delivered via courier services will be deemed delivered upon receipt by the addressee. If delivery by courier service is unsuccessful, it shall be deemed to have been delivered on the third day after the first unsuccessful delivery attempt and the attempts of delivery will be proven by a courier service statement. Notwithstanding the above, the parties may also deliver any messages and information via e-shop (e.g. to account mailbox, by notifications, etc.) and such message or information is deemed to have been delivered at the moment of its demonstrable placement in the user account mailbox.
- By concluding the Tour Agreement, the Traveler declares that he/she has been acquainted with the contents of the Tour Agreement and with these Terms, the scope and content of the services offered, the tour characteristics listed on the www.bluereligion.org (or a different written additional offer of Tours on the web) and considers this information to be sufficient for the conclusion of the Trip Agreement. By entering into the Travel Agreement, the Traveler confirms that this information and the contents of the General Terms and Conditions are known to him and he agrees with them.
- The Traveler cannot waive his rights, given to him by the Travel Act. Traveler’s contractual arrangements or statements by which the Traveler waives his or her rights under the Travel Act, by which he would restrict or circumvent these rights, will be deemed invalid.