[FARE GONE] Czech Airlines BKK-AUH-PRG-CDG $264 Business All in
Mar 28, 2012, 3:39 pm
#511
Join Date: Jan 2001
Location: SYD
Posts: 2,437
condition of sale
General Business Terms and Conditions, , version 4.1.
for purchase of goods, services and work by Czech Airlines j.s.c.
(valid date 26.11.2008)
General Provisions
1.1. For these General Business Terms and Conditions (hereinafter referred to as „GBT“) is wholly applicable provision of Article 273* Act No. 513/1991 Coll., the Commercial Code, as amended. The rubrics and the structure of these GBT are stated only for the lucidity and shall have no influence for the interpretation and meaning of GBT. Unless something different implies from the context, these definitions will have this meaning in these GBT:
1.2. „the buyer”, shall mean e.g. client, purchaser, – Czech Airlines j.s.c.,
1.3. „the seller”, shall mean e.g. supplier, contractor, legal entity or natural person.
1.4. . „the order”, shall mean e.g. contract of purchase, contract for work, mandate, innominate, lease contract; or even a draft of mentioned contracts.
1.5. „the supply”, shall mean e.g. goods, services, work, transaction.
1.6. By the acceptation of the order the seller confirms the acquaintance with the content and the acceptation of these GBT. The order sent by the buyer is the proposal of the contract. The contractual relation is commencing by the acceptation of the order by the seller. Unless the order is confirmed by the seller, the seller acknowledges the consent with these GBT is expressed by the realization of the supply to the buyer according to the order.
1.7. In case the order is not confirmed by the seller, the buyer is not obliged to take over the supply.
Property Right to the supply passes over from the seller to the buyer by the procedural acceptance (the confirmation of the delivery note) or unless the procedural acceptance is secured, in the frequent (usual) manner in the commercial relations. The buyer shall not accept any supply, which indicates whatever defects.
Terms of Delivery
3.1. The place of delivery of the supply is the delivery address stated in the order.
3.2. Unless in the order is stated the price without transport to the delivery place, it’s regarded as the transport is included in the price and forms integral part of the supply.
3.3. If the performance (supply) under the order involves repairing, modification, checking, assembling or other work on the objects (goods) sent to the contractor, the delivery place is the entrance control of the employer.
3.4. Each supply shall be sent together with the delivery note, which have to contain at least: the number of the order, the name of the processor of the order, the number of the item, the specification of the item, serial number (if it exists), the quantity, the price for unit. The buyer reserves the right to return the supply on the seller’s costs unless contains requisites stated in this article.
3.5. The seller shall inform the buyer on time about the performance of the supply as long as the stated delivery term this information permits.
Penalties
4.1. In case of the seller’s default with the fulfilment of an obligation in arranged period, the seller is obliged to pay the contractual penalty in the amount of 0,1 % of the total value of the supply for each commencing day of the default until the proper performance of the obligation. The maturity of contractual penalties is 30 days commencing on the delivery date of the invoice.
4.2. Payment of the contractual penalty does not affect the right to demand full compensation for damages and also does not affect the duty to fulfil the obligations resulting from the order.
Payment and Invoicing
5.1. Only way for payment is the bank transfer (cashless payment). Payment means that equivalent sum of money was charged-off from the buyer’s account.
5.2. Invoicing can only be made after the procedural acceptance of the supply. The maturity of an invoice for supplied goods is 60 days commencing from the delivery of the invoice to the buyer.
5.3. The invoice shall contain requisites determined by tax and accounting legal regulations valid and effective at the date when the invoiced taxable supply is effected or at the date of receipt of payment for this supply. All tax documents shall have stated the number of the order, the name of its processor, the number of the item (if stated on the order), the places where this item was supplied, the specification of the item, the serial number of the item, the amount of delivered goods, the unit price and the photocopy of the delivery note.
5.4. Unless the sent invoice contains requisites determined by the legal regulations or unless stated abovementioned information (see 5.3.), or unless VAT is applied under the present Value Added Tax Act then the buyer should return the invoice to the seller for the addition in the maturity of an invoice for supplied goods. In this case the new 60-day maturity of an invoice for supplied goods begins from day the correct invoice was delivered to the buyer.
5.5. The address for the delivery of the invoices is: „Czech Airlines j.s.c., Centrální evidence faktur, Letiště Ruzyně 160 08 Praha 6”.
Price shall be in currency as stated by the order, for the unit, for transaction and total, all without VAT. The price contains all costs in connection with the delivery and with the procedural acceptance of the supply. The price is final and shall not be modified.
Guarantee period is 24 months from the date when the supply was procedurally accepted, unless from the character of the supply or from the purpose of its use arises something else. In the case the seller in the documents or on the covers, which form an integral part of the supply, states longer guarantee period, the latter one is valid.
Termination or withdrawal
8.1. The buyer reserves his right to cancel the order or its part in case that:
8.1.1. the price of the supply had raised till the supply was delivered,
8.1.2. appeared defects were not eliminated in the period of 21 days from the notification of faults,
8.1.3. delay with the delivery is longer than one week from the stated term of the delivery,
8.1.4. the guarantee was not observed.
8.2. The contractual party shall not cede or transfer rights or duties or its parts arising from the order to the other person, unless the other party gave the prior written consent with this cession or transfer.
8.3. The agreement concluded for not fixed period shall be cancelled by the note in one month period commencing on the first day of the moth which follows after the delivery of the note.
Governing Law
9.1. Any potential legal disputes arising from the order or from the contractual relationship, which will not be settled by negotiations between contractual parties, will be adjudicated by the Czech courts according to the Czech law.
9.2. To prevent conflict between GBT and parts of the order the meaning will be interpreted in this succession:
9.2.1. the first page of the order,
9.2.2. these GBT,
9.2.3. any other supplementary conditions, which forms an integral part of the order,
9.2.4. working processes,
9.2.5. designs,
9.2.6. specification,
9.2.7. other documents
In the event, that these GBT or the agreement are prepared in addition to the Czech language version in another language version or simultaneously in two different language versions, the version prepared in the Czech language shall at all times prevail.
* 1) A part of the contents of a contract may also be specified by reference to general commercial terms drawn up by professional or special-interest organizations, or to other business terms which are known to the contracting parties, or which are appended to the draft contract.
2) Special divergent stipulations in a contract take priority over standard business terms under subsection (1).
General Business Terms and Conditions, , version 4.1.
for purchase of goods, services and work by Czech Airlines j.s.c.
(valid date 26.11.2008)
General Provisions
1.1. For these General Business Terms and Conditions (hereinafter referred to as „GBT“) is wholly applicable provision of Article 273* Act No. 513/1991 Coll., the Commercial Code, as amended. The rubrics and the structure of these GBT are stated only for the lucidity and shall have no influence for the interpretation and meaning of GBT. Unless something different implies from the context, these definitions will have this meaning in these GBT:
1.2. „the buyer”, shall mean e.g. client, purchaser, – Czech Airlines j.s.c.,
1.3. „the seller”, shall mean e.g. supplier, contractor, legal entity or natural person.
1.4. . „the order”, shall mean e.g. contract of purchase, contract for work, mandate, innominate, lease contract; or even a draft of mentioned contracts.
1.5. „the supply”, shall mean e.g. goods, services, work, transaction.
1.6. By the acceptation of the order the seller confirms the acquaintance with the content and the acceptation of these GBT. The order sent by the buyer is the proposal of the contract. The contractual relation is commencing by the acceptation of the order by the seller. Unless the order is confirmed by the seller, the seller acknowledges the consent with these GBT is expressed by the realization of the supply to the buyer according to the order.
1.7. In case the order is not confirmed by the seller, the buyer is not obliged to take over the supply.
Property Right to the supply passes over from the seller to the buyer by the procedural acceptance (the confirmation of the delivery note) or unless the procedural acceptance is secured, in the frequent (usual) manner in the commercial relations. The buyer shall not accept any supply, which indicates whatever defects.
Terms of Delivery
3.1. The place of delivery of the supply is the delivery address stated in the order.
3.2. Unless in the order is stated the price without transport to the delivery place, it’s regarded as the transport is included in the price and forms integral part of the supply.
3.3. If the performance (supply) under the order involves repairing, modification, checking, assembling or other work on the objects (goods) sent to the contractor, the delivery place is the entrance control of the employer.
3.4. Each supply shall be sent together with the delivery note, which have to contain at least: the number of the order, the name of the processor of the order, the number of the item, the specification of the item, serial number (if it exists), the quantity, the price for unit. The buyer reserves the right to return the supply on the seller’s costs unless contains requisites stated in this article.
3.5. The seller shall inform the buyer on time about the performance of the supply as long as the stated delivery term this information permits.
Penalties
4.1. In case of the seller’s default with the fulfilment of an obligation in arranged period, the seller is obliged to pay the contractual penalty in the amount of 0,1 % of the total value of the supply for each commencing day of the default until the proper performance of the obligation. The maturity of contractual penalties is 30 days commencing on the delivery date of the invoice.
4.2. Payment of the contractual penalty does not affect the right to demand full compensation for damages and also does not affect the duty to fulfil the obligations resulting from the order.
Payment and Invoicing
5.1. Only way for payment is the bank transfer (cashless payment). Payment means that equivalent sum of money was charged-off from the buyer’s account.
5.2. Invoicing can only be made after the procedural acceptance of the supply. The maturity of an invoice for supplied goods is 60 days commencing from the delivery of the invoice to the buyer.
5.3. The invoice shall contain requisites determined by tax and accounting legal regulations valid and effective at the date when the invoiced taxable supply is effected or at the date of receipt of payment for this supply. All tax documents shall have stated the number of the order, the name of its processor, the number of the item (if stated on the order), the places where this item was supplied, the specification of the item, the serial number of the item, the amount of delivered goods, the unit price and the photocopy of the delivery note.
5.4. Unless the sent invoice contains requisites determined by the legal regulations or unless stated abovementioned information (see 5.3.), or unless VAT is applied under the present Value Added Tax Act then the buyer should return the invoice to the seller for the addition in the maturity of an invoice for supplied goods. In this case the new 60-day maturity of an invoice for supplied goods begins from day the correct invoice was delivered to the buyer.
5.5. The address for the delivery of the invoices is: „Czech Airlines j.s.c., Centrální evidence faktur, Letiště Ruzyně 160 08 Praha 6”.
Price shall be in currency as stated by the order, for the unit, for transaction and total, all without VAT. The price contains all costs in connection with the delivery and with the procedural acceptance of the supply. The price is final and shall not be modified.
Guarantee period is 24 months from the date when the supply was procedurally accepted, unless from the character of the supply or from the purpose of its use arises something else. In the case the seller in the documents or on the covers, which form an integral part of the supply, states longer guarantee period, the latter one is valid.
Termination or withdrawal
8.1. The buyer reserves his right to cancel the order or its part in case that:
8.1.1. the price of the supply had raised till the supply was delivered,
8.1.2. appeared defects were not eliminated in the period of 21 days from the notification of faults,
8.1.3. delay with the delivery is longer than one week from the stated term of the delivery,
8.1.4. the guarantee was not observed.
8.2. The contractual party shall not cede or transfer rights or duties or its parts arising from the order to the other person, unless the other party gave the prior written consent with this cession or transfer.
8.3. The agreement concluded for not fixed period shall be cancelled by the note in one month period commencing on the first day of the moth which follows after the delivery of the note.
Governing Law
9.1. Any potential legal disputes arising from the order or from the contractual relationship, which will not be settled by negotiations between contractual parties, will be adjudicated by the Czech courts according to the Czech law.
9.2. To prevent conflict between GBT and parts of the order the meaning will be interpreted in this succession:
9.2.1. the first page of the order,
9.2.2. these GBT,
9.2.3. any other supplementary conditions, which forms an integral part of the order,
9.2.4. working processes,
9.2.5. designs,
9.2.6. specification,
9.2.7. other documents
In the event, that these GBT or the agreement are prepared in addition to the Czech language version in another language version or simultaneously in two different language versions, the version prepared in the Czech language shall at all times prevail.
* 1) A part of the contents of a contract may also be specified by reference to general commercial terms drawn up by professional or special-interest organizations, or to other business terms which are known to the contracting parties, or which are appended to the draft contract.
2) Special divergent stipulations in a contract take priority over standard business terms under subsection (1).
Mar 28, 2012, 3:43 pm
#512
Join Date: Jan 2001
Location: SYD
Posts: 2,437
Mar 28, 2012, 3:45 pm
#513
FlyerTalk Evangelist
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,729
Ferrari,
what you have just posted are CSA's terms of business when they are the buyer of services from third parties:
Totally unrelated to their relationship with the customer, where CSA re the vendor, not the buyer.
CSA's customer service charter has already been posted - which they are clearly in breach of - so please read back for the relevant post.
what you have just posted are CSA's terms of business when they are the buyer of services from third parties:
1.2. „the buyer”, shall mean e.g. client, purchaser, – Czech Airlines j.s.c.,
CSA's customer service charter has already been posted - which they are clearly in breach of - so please read back for the relevant post.
Mar 28, 2012, 3:49 pm
#514
Join Date: Jan 2001
Location: SYD
Posts: 2,437
Mar 28, 2012, 3:55 pm
#515
FlyerTalk Evangelist
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,729
I know that it may appear like just different shades of the same meaning, but the flight(s) have not been cancelled. The flights are still scheduled, still for sale, and as far as we know, will operate as scheduled. These EU regulations are to prevent airlines from inconveniencing passengers by cancelling flights within 14 days of departure, or to prevent airlines from inconveniencing passengers when a flight that they have checked in for is delayed or cancelled, or they are denied boarding on a confirmed flight, on the day of the flight itself, due to overselling.
None of these scenarios covers the present situation (either in the letter, or spirit, of the law). To look at clause 13 that you highlighted, the airline can clearly and unequivocally state that it does not apply - because the flight itself has not been cancelled.
If passengers are being informed that they cannot travel, it is NOT due to the cancellation, or delay, or overselling of the flight. This regulation has nothing to do with the actual situation.
I'm not saying that those passengers that wish to take this matter further with the airline won't find consumer rights protection or other laws that strengthen their case, but constantly rolling out this particular EU regulation as the one-and-only legislation which stands up for passengers and covers all passenger woes/complaints when the airline does something they don't like, is totally incorrect.
Mar 28, 2012, 4:04 pm
#516
Join Date: Mar 2009
Location: ZRH/SFO
Programs: A3*G - AZ CFP- HH DIA
Posts: 3,666
Mar 28, 2012, 4:07 pm
#517
Suspended
Join Date: Mar 2012
Location: ABZ/NCL
Posts: 2,943
If flying over to an exotic destination, stopping over for a few days, continuing onto an interesting European city, experiencing business class on a top-rated Middle Eastern airline, getting pampered in five-star lounges etc etc is not your idea of fun, then why are you even wasting time on Flyertalk?
Maybe you'd get more out of the following website:
http://www.watching-paint-dry.com/
Maybe you'd get more out of the following website:
http://www.watching-paint-dry.com/
Im probably in the BA lounge at LHR every week, I visit London every week and Oslo regularly as well (interesting European cities), and I regularly fly to Houston, Luanda, Rio de Janeiro, Kuala Lumpur etc for work (exotic destination) usually flying in Business class cabins on airlines such as British Airways and Malaysian Airlines
I thought most people on here were the same as me, frequent flying businessman, so I also find it unusual that with all the miles and free company paid for trips you already go on why you would choose to do these things as well? unless you LOVE flying so much you just are just not happy if you arent on a plane?
Mar 28, 2012, 4:13 pm
#518
FlyerTalk Evangelist
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,729
Bear in mind that you're currently posting in the "Mileage Run Deals" part of the site, so those presumptions/preconceptions (which may be valid when you're over in the BA Executive Club or Malaysia Airlines Enrich fora) are less likely to hold true over here.
Mar 28, 2012, 4:26 pm
#519
Join Date: Dec 2004
Programs: AA EXPLAT, HH DIAMOND, IHG PLAT, RYANAIR NO OTHER OPTION FLYER
Posts: 386
different actions by different providers?
I had an initial receipt of booking email from www.expedia.co.uk for a one way BKK-PRG in Dec but no subsequent confirmation or cancellation. However, logging on to expedia my reservation is showing as confirmed, with a ticket no etc. I wonder if some third party providers are honouring the bookings even as Ok is cancelling those booked through its sites. I have plenty time to wait for the answer I guess.
Mar 28, 2012, 4:26 pm
#520
FlyerTalk Evangelist
Join Date: Jan 2002
Location: Canada
Programs: UA*1K MM SK EBG LATAM BL
Posts: 23,304
I do all this stuff all the time for FREE with my company
I thought most people on here were the same as me, frequent flying businessman, so I also find it unusual that with all the miles and free company paid for trips you already go on why you would choose to do these things as well? unless you LOVE flying so much you just are just not happy if you arent on a plane?
I thought most people on here were the same as me, frequent flying businessman, so I also find it unusual that with all the miles and free company paid for trips you already go on why you would choose to do these things as well? unless you LOVE flying so much you just are just not happy if you arent on a plane?
Sure, you fly a lot, but you travel little.
Mar 28, 2012, 4:53 pm
#522
FlyerTalk Evangelist
Join Date: Feb 2000
Location: London, UK and Southern France
Posts: 18,364
To all of those who quote EU Reg 261/2004, there are multiple reasons why the Reg does not apply. irishguy28 has already referred to one but, above all, the Reg cannot apply to a flight which is operated by a non-EU airline from a non-EU airport. The first flight is operated by EY from BKK (even though your flight is ticketed under OK code). That is enough to kill any argument about the application of the Reg.
Mar 28, 2012, 6:58 pm
#524
Join Date: Dec 2011
Location: DWC
Programs: OWS, *A G
Posts: 626
I booked on Orbitz and got a confirmation email with booking ref and etkt number. This morning the booking ref disappeared from Orbitz and can't check the trip neither on the CSA site nor CheckMyTrip. The etkt number is still ther ethough.
I have not received a single from anyone and my cc charge is not reversed
I have not received a single from anyone and my cc charge is not reversed
Mar 28, 2012, 7:05 pm
#525
Join Date: Jul 2010
Posts: 308
My only worry now is when they will refund the money. I'm not going to wait longer than until Friday. It took them 2 minutes to charge it, shouldn't take longer to credit it back.
Is it worth contacting the CC company and getting it back through them since the sale ultimately didn't happen? Or do the CC companies require you to wait a certain number of days?
Is it worth contacting the CC company and getting it back through them since the sale ultimately didn't happen? Or do the CC companies require you to wait a certain number of days?