1. Introductory Provisions

1.1. These terms and conditions (the “Terms and Conditions”) regulate the rights and obligations between MMP Agency s.r.o., Company ID No.: 19638604, VAT ID No.: CZ19638604, with its registered office at Mikulandská 119/10, Nové Město, 110 00 Prague 1, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 389573 (the “Organiser”), and customers in connection with ordering, purchasing and participating in events, experiences, expeditions, package tours and other services offered under the “Posedlí Dakarem” brand.
1.2. The Organiser operates the website www.posedlidakarem.cz and related communication, sales, registration and information channels (the “Website”).
1.3. These Terms and Conditions apply in particular to:
a) the sale of tickets for talk shows, lectures, debates, screenings, meetings and similar cultural, social or experience-based events;
b) the sale of tickets and participation in outdoor events, open air events, accompanying programmes and experience-based events;
c) the sale and organisation of expeditions, trips, package tours and similar travel products organised by the Organiser as a travel agency;
d) the provision of related ancillary services, organisational services, products and performance.
1.4. These Terms and Conditions constitute a single document. The following parts apply in particular to the respective product types:
a) Part A contains general provisions applicable to all products, events and services;
b) Part B contains special provisions applicable to tickets, talk shows, open air and other events;
c) Part C contains special provisions applicable to expeditions, package tours and travel services;
d) Part D contains common final provisions.
1.5. If a particular product, event, expedition or package tour is governed by special terms set out in an offer, order confirmation, participation confirmation, package travel contract, package tour confirmation, information form, e-mail communication or other individual documentation, such specific arrangements shall prevail over these Terms and Conditions to the extent of any inconsistency.
1.6. A “Customer” means a person who enters into a contract with the Organiser, orders a product or service, pays the price, pays a deposit or otherwise enters into a contractual relationship with the Organiser (the “Customer”).
1.7. A “Participant” means a person who physically participates in an event, expedition, package tour or other programme, even if such person is not identical to the Customer (the “Participant”).
1.8. If the Customer orders a service for another person or for several persons, the Customer is responsible for ensuring that all such persons are acquainted with these Terms and Conditions, the relevant contractual documentation, safety and organisational instructions and other conditions of participation.
1.9. If the Customer is an entrepreneur or a legal entity, these Terms and Conditions apply accordingly, unless the nature of the matter or mandatory legal provisions provide otherwise. Provisions intended exclusively for consumer protection apply only if the Customer is a consumer.
1.10. Any differing written arrangements between the Organiser and the Customer shall prevail over these Terms and Conditions.

2. Identification of the Organiser

2.1. The Organiser is:
MMP Agency s.r.o.
Company ID No.: 19638604
VAT ID No.: CZ19638604
registered office: Mikulandská 119/10, Nové Město, 110 00 Prague 1, Czech Republic
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 389573
e-mail: info@posedlidakarem.cz
website: www.posedlidakarem.cz
2.2. The Organiser is authorised to organise package tours as a travel agency on the basis of the relevant trade licence / concession.
2.3. The Organiser has arranged the statutory insolvency protection of a travel agency to the extent required by applicable legal regulations. Details of such protection are set out in Part C of these Terms and Conditions and in the certificate of insolvency protection.
2.4. The contact point for ordinary communication is info@posedlidakarem.cz, unless another contact e-mail is stated in a particular communication, offer, confirmation, contract or other document.

3. Orders, Conclusion of Contract and Electronic Communication

3.1. An order may be made through the Website, by e-mail, order form, registration form, sales system, invoicing communication, individual communication with the Organiser or by another method designated by the Organiser.
3.2. By submitting an order, confirming participation, paying the price, paying a deposit or otherwise confirming interest, the Customer confirms that he or she has become acquainted with these Terms and Conditions, provided that they were made available to the Customer before conclusion of the contract.
3.3. Unless expressly stated otherwise, the contract is concluded upon confirmation of the order by the Organiser, by sending a ticket, by sending a participation confirmation, by sending a package tour confirmation, by sending a package travel contract or by another demonstrable acceptance of the order by the Organiser.
3.4. The Organiser is entitled to refuse an order, in particular due to exhausted capacity, the Customer’s or Participant’s inability to participate, safety reasons, non-payment of a deposit or price, incomplete data, previous breach of obligations by the Customer or Participant, or other objective reasons.
3.5. All contractual documentation, confirmations, invoices, advance invoices, information, instructions, travel documents, participation confirmations and other documents may be provided to the Customer electronically, in particular by e-mail, link, PDF document, form, customer interface or another electronic method.
3.6. The Customer agrees that electronic communication shall be deemed written communication unless legal regulations require otherwise.
3.7. A document delivered by e-mail, link or through an electronic system shall be deemed delivered at the moment of dispatch to the e-mail address provided by the Customer, unless it is proven that it was not delivered.
3.8. The Customer is responsible for the accuracy, completeness and functionality of the e-mail address, telephone number, billing details and other contact details. The Customer must notify the Organiser of any change without undue delay.
3.9. The Organiser is entitled to use telephone, SMS, WhatsApp or another similar communication channel for organisational, operational and safety communication, especially in relation to expeditions, package tours and organisationally demanding programmes.

4. Price, Payment Terms and Invoicing

4.1. The price is stated for the specific event, ticket, expedition, package tour, service or offer. Depending on the nature of the offer and the type of Customer, the price may be stated including or excluding VAT.
4.2. If the Customer is a consumer, the Organiser states the price as the total price including taxes and fees, unless legal regulations allow another procedure or unless the nature of an individual offer implies otherwise.
4.3. For individually arranged expeditions, package tours, corporate orders or B2B cooperation, the price may be communicated individually by e-mail, offer, advance invoice, invoice or other document.
4.4. The Organiser is entitled to require payment of the price in advance, payment of a deposit, payment in instalments or another payment regime stated in the specific offer.
4.5. Unless otherwise agreed, the price is payable by bank transfer to the Organiser’s bank account stated in the payment instructions.
4.6. When making payment, the Customer must state the correct variable symbol, note, name or other payment identifier according to the Organiser’s payment instructions. The Organiser is not liable for any delay in identifying the payment caused by incorrect or incomplete payment details.
4.7. If the Customer is an entrepreneur or legal entity, payment may be handled by an advance invoice, tax document or other accounting document. The Customer must provide correct and timely billing details.
4.8. Failure to pay the price, deposit, balance or other agreed payment within the specified time limit shall be deemed a material breach of contract. In such case, the Organiser is entitled to cancel the order, refuse participation, withdraw from the contract, release the reserved capacity to another person or apply the relevant cancellation terms.
4.9. The Organiser is entitled to unilaterally set off its due and undue monetary claims against the Customer against any monetary claims of the Customer against the Organiser, in particular against a claim for refund of a payment, deposit or price, unless prohibited by legal regulations.

5. Personal Data Protection, Photo/Video and Marketing Communication

5.1. The Organiser processes personal data of Customers and Participants in accordance with applicable legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and related legal regulations.
5.2. Details of personal data processing are set out in the separate Privacy Policy document available on the Website.
5.3. The Customer and Participant acknowledge that photographs, image recordings, audio recordings and audiovisual recordings may be made at events, expeditions and programmes of the Organiser.
5.4. Such recordings may be made in particular for the purposes of documenting the course of the event or expedition, internal archiving, reporting, communication of the Organiser’s activities, protection of the rights and legitimate interests of the Organiser and reasonable promotion of the Posedlí Dakarem brand.
5.5. Detailed marketing use of the likeness of a specific person, testimonial, individual promotional output or other more intensive use of personal recordings may be based on a separate consent of the Participant where such consent is required due to the nature of the use.
5.6. A Participant who provides the Organiser with his or her own photographs, videos, texts, reviews or other content thereby grants the Organiser a non-exclusive, free-of-charge and territorially unlimited licence to use such content for communication, promotional and archival purposes of the Posedlí Dakarem brand, unless agreed otherwise.
5.7. The Participant represents that he or she is entitled to provide such content to the Organiser and that its use will not infringe the rights of third parties.
5.8. The Organiser is entitled to send the Customer commercial communications concerning its own similar products and services where permitted by legal regulations, in particular in connection with a previous purchase or registration, unless the Customer has opted out.
5.9. The Customer may refuse the sending of commercial communications at any time via the link in the commercial communication or by contacting the Organiser.
5.10. Where consent is required for the sending of marketing communications, such consent will be requested separately. Failure to grant consent to marketing communication shall not affect the possibility to conclude a contract or participate in an event, unless marketing consent is necessary for the provision of the service.

6. General Liability and Force Majeure

6.1. The Organiser is liable for the proper provision of services to the extent set out in the contract, these Terms and Conditions and applicable legal regulations.
6.2. The Organiser is not liable for damage, harm, costs, loss of experience, delay, programme limitations or non-performance if caused by:
a) the Customer or Participant;
b) a third party not connected with the provision of the agreed services, provided that the event could not have been foreseen or avoided;
c) force majeure or extraordinary circumstances;
d) breach of legal regulations, instructions or obligations by the Customer or Participant;
e) false, incomplete or late data;
f) a decision of a public authority, carrier, insurer, accommodation provider, venue operator, organiser of the Dakar Rally or another third party, unless the Organiser is responsible for such decision.
6.3. Force majeure and extraordinary circumstances mean circumstances that occurred independently of the Organiser’s will, prevent the proper or safe provision of the service and cannot reasonably be avoided or overcome.
6.4. Force majeure or extraordinary circumstances include in particular natural disasters, extreme weather, floods, fires, sandstorms, epidemics, pandemics, armed conflicts, terrorist threats, civil unrest, strikes, border closures, changes to entry or visa rules, decisions of public authorities, cancellation or change of transport connections, interventions by organisers of the Dakar Rally or another related event, infrastructure outages, unavailability of services, security risks and other similar circumstances.
6.5. The Organiser is not liable for services that are not part of the agreed price and that the Customer or Participant arranges, purchases or uses independently from third parties.
6.6. The Organiser is not liable for loss, theft or damage to the Participant’s personal belongings, unless the damage was caused by a breach of the Organiser’s legal duty.
6.7. No provision of these Terms and Conditions excludes or limits the Customer’s rights that cannot be excluded or limited under mandatory legal regulations.

7. General Complaint Provisions

7.1. The Customer must notify any defect in the provided service without undue delay after discovering it so that the Organiser can arrange a remedy.
7.2. A complaint may be submitted by e-mail to info@posedlidakarem.cz, unless another contact address is designated for a particular event, ticket, expedition or package tour.
7.3. The complaint must include identification of the Customer, identification of the event, ticket, order, expedition or package tour, description of the defect, date of discovery of the defect, requested method of settlement and relevant supporting documents.
7.4. The Organiser shall settle the complaint within the time limit set by legal regulations. In the case of a consumer, the complaint, including removal of the defect, shall be settled without undue delay and no later than within 30 days of the date of submission, unless the Organiser and the Customer agree on a longer period.
7.5. The Customer’s rights arising from defective performance are governed by legal regulations, these Terms and Conditions and the specific contractual documentation.

8. Consumer Provisions

8.1. If the Customer is a consumer and enters into a contract by distance means, the Customer has the rights provided by consumer protection regulations.
8.2. The Customer acknowledges that the consumer’s right to withdraw from a contract within 14 days without giving a reason does not apply, in particular, to leisure services where performance is to be provided on a specific date or within a specific period, and to package tours and other cases set out by legal regulations.
8.3. Therefore, in the case of tickets for events held on a specific date, expeditions, package tours and similar services tied to a specific date or period, the Customer generally has no right to withdraw from the contract within 14 days without giving a reason, unless the Organiser expressly provides otherwise.
8.4. This is without prejudice to the Customer’s rights arising from defective performance, rights under a package travel contract, rights in the event of cancellation of an event or package tour and other mandatory statutory rights.

PART B – TICKETS, TALK SHOWS, OPEN AIR AND OTHER EVENTS

9. Application of Part B

9.1. This Part B applies to the sale of tickets and participation in talk shows, lectures, debates, screenings, meetings, open air events, accompanying programmes, experience-based events and other events of the Organiser that do not constitute a package tour within the meaning of legal regulations.
9.2. If a particular event meets the criteria of a package tour or travel service, Part C of these Terms and Conditions shall apply with priority.

10. Sale of Tickets

10.1. A ticket entitles its holder to admission to a specific event to the extent stated on the ticket, on the Website, in the order confirmation or in the event information.
10.2. A ticket is valid only for the event, date, venue, category and scope of services for which it was issued.
10.3. If the ticket bears a unique code, QR code or other identifier, the Customer must protect it against misuse. The Organiser is not liable for damage caused by making the ticket available to a third party.
10.4. The first presentation of a valid ticket entitles its holder to enter the event. If the same ticket is presented repeatedly, the Organiser is entitled to refuse entry.
10.5. The Organiser is entitled to set organisational, safety, capacity, age, technical or other rules for the event. The Customer and Participant must comply with such rules.
10.6. If a ticket is purchased through a third party, sales platform or distributor, the terms of such third party may also apply to the sale. This is without prejudice to the conditions of participation in the event set by the Organiser.

11. Admission to the Event and Checks

11.1. The Organiser is entitled to check the validity of the ticket, identity, age, entitlement to admission, luggage or items brought to the event, if justified by the nature of the event, safety, operational reasons or legal regulations.
11.2. The Organiser is entitled to refuse admission or exclude from the event any person who:
a) breaches these Terms and Conditions or the Organiser’s instructions;
b) disrupts safety, order or the dignified course of the event;
c) is visibly under the influence of alcohol or addictive substances;
d) endangers himself or herself, other participants, the organiser, property or event operation;
e) refuses a reasonable security check;
f) uses a forged, misused, duplicate or invalid ticket;
g) does not meet age, safety, health or other conditions set for the specific event.
11.3. Exclusion from the event or refusal of admission for the reasons stated in the previous paragraph does not give rise to any right to a refund of the admission fee, damages or other compensation.

12. Rules of Participation in Events

12.1. The Participant must comply with the instructions of the Organiser, stewarding service, security service, venue operator, public authorities and other authorised persons.
12.2. The Participant must behave in a manner that does not endanger life, health, safety, property, rights and legitimate interests of the Organiser, other participants, performers, partners or third parties.
12.3. It is prohibited to bring to the event in particular weapons, pyrotechnics, dangerous items, narcotic and psychotropic substances, own alcohol, items capable of endangering safety, professional recording equipment without the Organiser’s consent and other items prohibited by the Organiser or venue operator.
12.4. Animals may participate in the event only if expressly permitted by the Organiser or if it is an assistance dog of a person with a disability, subject to legal regulations and operational possibilities of the event.
12.5. Children and persons under 18 years of age may participate in the event only to the extent permitted for the specific event and in accordance with legal regulations. The Organiser may set an age restriction or require accompaniment by an adult.
12.6. The Participant is liable for damage caused to the Organiser, venue operator, other participants or third parties.
12.7. The Organiser is not liable for loss, theft or damage to the Participant’s belongings, unless the damage was caused by the Organiser’s breach of legal duty.
12.8. The Participant acknowledges that photographs, audio recordings, image recordings and audiovisual recordings may be made during events for the purposes of documenting the event, reporting, archiving and reasonable promotion of the Organiser. Details are set out in the Organiser’s Privacy Policy.

13. Changes to the Programme, Postponement or Cancellation of the Event

13.1. The Organiser is entitled to change the programme, schedule, performers, moderators, accompanying programme, layout of the venue or other event parameters, provided that the main purpose of the event is not materially changed.
13.2. Such a change does not give rise to a right to a refund of the admission fee, unless otherwise stated or unless it constitutes a material change to the contract.
13.3. In the case of outdoor events, the Customer and Participant acknowledge that the course of the event may be affected by weather, instructions of public authorities, safety measures, technical circumstances or force majeure. For these reasons, the Organiser is entitled to change the programme, interrupt the event, modify the operational regime or adopt safety measures.
13.4. If the event is cancelled by the Organiser without a substitute date, the Customer is entitled to a refund of the admission fee to the extent determined by the Organiser, usually in the amount of the nominal ticket price excluding any third-party fees, unless such fees were received by the Organiser or the Organiser is obliged to refund them.
13.5. If the event is postponed to a substitute date, the ticket remains valid unless the Organiser provides otherwise.
13.6. If the Customer or Participant cannot attend the substitute date, a right to a refund of the admission fee arises only if provided by legal regulations, specific event terms or an individual decision of the Organiser.

14. Outdoor Events and OPEN AIR

14.1. For outdoor events, open air events and similar programmes, the Participant acknowledges that the event takes place in an environment that may be affected by weather, temperature, wind, rain, dust, terrain, traffic, noise, light effects, movement of a larger number of persons and other circumstances typical for outdoor or mass events.
14.2. The Participant must adapt his or her clothing, footwear and equipment to the nature of the event and current conditions.
14.3. In the interest of safety, the Organiser is entitled to change the organisation of admission, movement of persons, capacity of individual zones, placement of the programme, schedule or other operational rules.
14.4. If the event is interrupted, shortened or partially restricted for safety reasons, due to force majeure or by decision of public authorities, this does not automatically give rise to a right to a refund of the admission fee, provided that the main purpose of the event has not been completely frustrated and legal regulations do not provide otherwise.

15. Non-Attendance, Late Arrival and Non-Use of Ticket

15.1. The admission fee is not refundable if the Customer or Participant does not attend the event, arrives late, does not use part of the programme or is lawfully excluded from the event.
15.2. The Organiser is not obliged to allow entry after the event has started if this would disrupt the course of the event, safety, capacity or the operational regime of the venue.
15.3. If the Customer or Participant does not use the ticket for reasons on his or her side, no right to a refund of the price or any other performance arises.

PART C – EXPEDITIONS, PACKAGE TOURS AND TRAVEL SERVICES

16. Application of Part C

16.1. This Part C applies to expeditions, package tours and travel services organised by the Organiser under the Posedlí Dakarem brand, unless a specific offer, contract or confirmation provides otherwise.
16.2. Expeditions, foreign trips and similar travel products offered by the Organiser may, depending on their content, constitute a package tour within the meaning of the Czech Civil Code and Act No. 159/1999 Coll., if they meet the statutory criteria of a package tour.
16.3. For package tours, the Organiser acts as a travel agency and enters into a package travel contract with the Customer.
16.4. The package travel contract and the package tour confirmation may be combined in one document, provided that such document contains the statutory requirements.

17. Formation of the Package Travel Contract, Deposit and Participation Confirmation

17.1. For expeditions and package tours with limited capacity, payment of a deposit alone does not automatically establish a right to participate unless the Organiser expressly confirms the participation.
17.2. By paying the deposit, the Customer makes a binding order, requests reservation of a place and acknowledges the payment, cancellation, organisational and safety terms set out in these Terms and Conditions, the offer and related communication.
17.3. Participation in an expedition or package tour is bindingly confirmed only by confirmation from the Organiser, in particular by sending a participation confirmation, package travel contract, package tour confirmation or other express confirmation.
17.4. The Organiser is entitled to refuse an order even after payment of the deposit, in particular due to exhausted capacity, safety reasons, health or other inability of the Participant, failure to meet the conditions of participation, failure to provide necessary data or documents, or other objective reasons.
17.5. If the Organiser refuses an order without fault of the Customer or Participant, the Organiser shall refund the amount paid to the Customer, unless it has the right to set off its claim.
17.6. If the Organiser refuses an order for reasons on the side of the Customer or Participant, in particular due to false data, failure to meet the conditions of participation, failure to provide cooperation or a safety risk, the Organiser is entitled to claim reasonable costs and apply the cancellation terms if costs have already arisen in connection with the order.

18. Information Prior to the Conclusion of a Package Travel Contract

18.1. Before conclusion of a package travel contract, the Organiser shall provide the Customer with information required by legal regulations, in particular through the Website, an offer, e-mail, information form, order process, electronic document or another textual form.
18.2. Information prior to conclusion of a package travel contract may be provided as part of an offer, information section, form, e-mail communication, participation confirmation, package travel contract or separate document, provided that the Customer receives it or has access to it before binding confirmation of participation.
18.3. The Customer must acquaint himself or herself with such information and assess whether the Customer or Participant is able to take part in the expedition or package tour, taking into account health condition, physical fitness, experience, age, travel documents, visa requirements, personal circumstances, the nature of the destination and the risks of the expedition.
18.4. The Customer acknowledges that pre-contractual information may become part of the package travel contract to the extent provided by legal regulations.

19. Package Travel Contract and Package Tour Confirmation

19.1. The Organiser shall provide the Customer with a package travel contract, package tour confirmation or a document combining the package travel contract and the package tour confirmation.
19.2. The package travel contract or package tour confirmation contains in particular details of the Organiser, Customer, Participant, destination, date, duration of stay, route, price, payment terms, included services, excluded services, transport, accommodation, insurance, conditions of participation, cancellation terms, complaint procedure and other requirements imposed by legal regulations.
19.3. The package travel contract and package tour confirmation may be provided to the Customer exclusively electronically, unless legal regulations require otherwise or unless the Customer requests paper form in cases provided by legal regulations.
19.4. The Customer must check without undue delay the accuracy of the data stated in the package travel contract, package tour confirmation or other documentation. Any discrepancies must be notified to the Organiser immediately.

20. Expedition Price, Deposit and Balance

20.1. The price of an expedition or package tour is stated in the offer, package travel contract, package tour confirmation, payment instructions or other communication of the Organiser.
20.2. Unless stated otherwise for a specific expedition, the Customer pays a deposit of 50% of the total price and a balance of 50% of the total price.
20.3. The due date of the balance is stated in the offer, payment instructions, package travel contract, package tour confirmation or other communication of the Organiser.
20.4. Failure to pay the deposit or balance on time constitutes a material breach of contract and entitles the Organiser to cancel the reservation, refuse participation, withdraw from the contract and apply the cancellation terms.
20.5. A place on an expedition may be reserved according to the order in which payment is credited to the Organiser’s bank account, unless the Organiser provides otherwise.
20.6. If the Customer requests invoicing to an entrepreneur or legal entity, the Customer must provide correct and complete billing details before the relevant document is issued.

21. Services Included and Excluded from the Expedition Price

21.1. The scope of services included in the expedition price is always stated in the specific offer, package travel contract, package tour confirmation, information form or other documentation.
21.2. Unless stated otherwise for a specific expedition, the price may include in particular flights, visas, travel insurance of the Participant, vehicle rental, accommodation, selected admissions, guide services, selected equipment, organisational services and other services stated in the offer.
21.3. Unless stated otherwise for a specific expedition, the price does not include in particular meals, fuel, personal expenses, premium services, optional services, extra-charge services, damage caused by the Participant, fines, penalties, deductibles, costs arising from breach of obligations by the Participant and services not stated as included in the price.
21.4. If a service is marked as optional, facultative, subject to extra charge or subject to availability, the Participant has no right to its provision without meeting the relevant conditions, in particular capacity, availability, safety conditions, payment of the surcharge or confirmation by the Organiser.
21.5. The Organiser is entitled to replace a partial service with a service of comparable nature if the original service cannot be provided for objective reasons and the substitute service corresponds to the purpose and nature of the expedition.

22. Travel Documents, Visas and Entry Conditions

22.1. The Participant must have a valid travel document throughout the trip that meets the requirements of the destination state, transit states, carriers and other entities.
22.2. If a specific expedition requires that the passport be valid for at least 6 months after return, the Participant must meet this requirement.
22.3. The Participant must provide the Organiser with timely and truthful data necessary to arrange visas, flights, insurance, accommodation, admissions, transport and other services.
22.4. The Organiser is not liable for inability to participate caused by an invalid, damaged, insufficiently valid or otherwise non-compliant travel document, failure to meet visa or entry conditions, incorrect data provided by the Participant, or a decision of a public authority, carrier or other third party, unless such circumstance arose due to the Organiser’s breach of obligations.
22.5. If the Participant is not admitted to a means of transport, transit country, destination country, accommodation facility, bivouac, venue, programme or other part of the expedition for reasons on the Participant’s side, in particular due to documents, visas, health condition, behaviour, breach of regulations or instructions, the Participant has no right to a refund of the price or reimbursement of costs.

23. Travel Insurance of the Participant

23.1. If it is stated for a specific expedition that travel insurance of the Participant is included in the price, the Organiser shall arrange insurance to the extent agreed with the relevant insurer.
23.2. The Participant’s travel insurance is governed by the insurance terms, limits, exclusions and other rules of the relevant insurer. The Participant must acquaint himself or herself with such terms and comply with them.
23.3. Insurance may not cover all situations, in particular damage, harm or costs arising intentionally, through gross negligence, under the influence of alcohol or addictive substances, by breach of legal regulations, breach of the Organiser’s instructions, breach of insurance terms, risky activity excluded from insurance or conduct outside the agreed programme.
23.4. The Participant acknowledges that the arranged travel insurance does not relieve the Participant of the duty to act prudently, comply with the Organiser’s instructions and prevent damage.
23.5. If the Participant has specific insurance requirements, higher limits, insurance for risky activities, cancellation insurance or other premium cover, the Participant must arrange such insurance independently, unless the Organiser expressly confirms that it is included in the expedition price.

24. Travel Agency Insolvency Protection

24.1. As a travel agency, the Organiser has arranged statutory insolvency protection in accordance with applicable legal regulations.
24.2. The certificate of insolvency protection is made available to the Customer electronically and, in the case of conclusion of a package travel contract, is provided to the Customer together with the package travel contract, package tour confirmation or other contractual documentation.
24.3. The Customer acknowledges that travel agency insolvency protection is different from the Participant’s travel insurance.
24.4. Travel agency insolvency protection applies only to situations and claims specified by legal regulations and the terms of the relevant insurer, bank or provider of the protection.

25. Nature of the Expedition, Risks and Health Fitness

25.1. Posedlí Dakarem expeditions are experience-based, adventure and organisationally demanding trips that may take place outside the European Union, in desert, off-road, climatically demanding, logistically complicated or otherwise non-standard environments.
25.2. The Participant acknowledges that the expedition may include in particular long transfers, off-road driving, stay in the desert, high temperatures, dust, limited comfort, limited hygiene conditions, sleeping in a tent or similar regime, limited availability of healthcare, programme changes, delays, waiting, and the need to adapt to the group and the Organiser’s instructions.
25.3. The Participant declares that he or she is medically fit to complete the expedition and that he or she is not aware of any circumstance that would prevent participation or could endanger his or her health, safety, other participants or the proper course of the expedition.
25.4. The Participant must inform the Organiser of all material health, allergy, dietary, mobility, psychological, safety or other information that may be relevant to his or her participation, safety or the organisation of the expedition.
25.5. The Organiser is not a healthcare provider and is not obliged to assess the Participant’s medical fitness. In case of doubt, the Participant must consult his or her participation with a physician.
25.6. Concealment of material health or safety information, failure to comply with the Organiser’s instructions or conduct endangering safety may lead to restriction of participation, exclusion from part of the programme or exclusion from the expedition without a right to a refund of the price, if such step is necessary to protect health, safety, property, other participants or the proper course of the expedition.
25.7. The Participant must comply with the legal regulations of the visited states, local rules, instructions of public authorities, instructions of the Organiser, guides, drivers, local partners, accommodation facilities, carriers and organisers of the Dakar Rally or other related events.

26. Driving and Use of Vehicles

26.1. Some expeditions may include the use of vehicles, in particular off-road vehicles, 4×4 vehicles or other means of transport arranged by the Organiser or its partners.
26.2. The possibility to drive a vehicle is not an entitlement. Driving a vehicle is possible only with the Organiser’s prior approval, fulfilment of statutory conditions, presentation of relevant documents and fulfilment of conditions set by the Organiser, vehicle provider, insurer, local regulations and these Terms and Conditions.
26.3. A Participant who wishes to drive a vehicle must hold a valid driving licence for the relevant vehicle category and, if required, a valid international driving permit recognised in the destination or transit country.
26.4. The driver must use the vehicle properly, cautiously and in accordance with local legal regulations, traffic rules, instructions of the Organiser, instructions of the vehicle provider, instructions of the insurer and the technical capabilities of the vehicle.
26.5. The driver is liable for fines, penalties, fees, deductibles, damage, costs, towing, administrative fees and other costs arising in connection with his or her driving or use of the vehicle, if arising from breach of legal regulations, rules for use of the vehicle, instructions of the Organiser, instructions of the vehicle provider, insurance terms or other conduct of the driver.
26.6. Fines, penalties or other costs delivered or asserted only after the end of the expedition may be subsequently charged to the driver.
26.7. Unless stated otherwise for a specific expedition, fuel is not included in the expedition price and is paid by the vehicle crew or Participants according to the Organiser’s organisational instructions or the crew’s agreement.
26.8. The Participant must not drive a vehicle under the influence of alcohol, addictive substances, medicines reducing the ability to drive, when tired or in a condition reducing his or her ability to drive safely.
26.9. The Organiser is entitled to prohibit a Participant from driving a vehicle at any time if it has doubts about the Participant’s fitness, safety, behaviour, compliance with rules, documents or ability to safely operate the vehicle. Such decision does not give rise to a right to a discount, damages or any other compensation.

27. Changes to Programme, Route, Accommodation and Expedition Schedule

27.1. The Customer and Participant acknowledge that expeditions are, by their nature, adventurous and organisationally variable and may be linked to the course of the Dakar Rally, decisions of its organisers, local authorities, security situation, weather, route availability, transport conditions and other circumstances outside the Organiser’s full control.
27.2. The Organiser is entitled to make operational changes to the programme, route, schedule, order of individual programme parts, place of accommodation, type of accommodation, method of transfer, accompanying services or other partial parameters of the expedition, if justified in particular by:
a) safety of Participants;
b) decisions of public authorities;
c) decisions of organisers of the Dakar Rally or another related event;
d) change to the official race route or accompanying programme;
e) weather, natural conditions or terrain condition;
f) traffic situation;
g) availability of services;
h) health, safety or organisational reasons;
i) force majeure;
j) other objective circumstances.
27.3. Such change is not a defect of the package tour if the Participant is provided with performance of comparable nature and purpose, the change corresponds to the nature of the expedition and the main purpose of the expedition is not materially affected.
27.4. The Participant acknowledges that an expedition cannot guarantee the exact course of each day, exact transfer times, exact locations, specific availability of the bivouac, specific meetings, specific course of the race or specific decisions of third parties.
27.5. If a material change to the main elements of the package tour occurs before the start of the package tour, the Organiser shall proceed in accordance with applicable legal regulations and inform the Customer of his or her rights.

28. Change of Package Tour Price

28.1. The Organiser is entitled to increase the price of a package tour only in cases, to the extent and under the conditions permitted by legal regulations.
28.2. The package tour price may be increased in particular if there is an increase in:
a) the price of transport, including prices of fuel or other energy sources;
b) payments, taxes, charges or other mandatory payments for services included in the package tour, in particular airport, port, entry or similar fees;
c) the exchange rate relevant to the package tour price.
28.3. The method of calculating the price increase shall be based on the demonstrable impact of the increase in the relevant costs on the package tour price.
28.4. The price increase shall be notified to the Customer in the manner and within the time limit set by legal regulations.
28.5. If the price increase reaches a threshold at which legal regulations grant the Customer the right to withdraw from the contract, the Customer shall be informed thereof.
28.6. If legal regulations grant the Customer a right to a price reduction due to a decrease in the costs referred to in this article, the Organiser shall proceed in accordance with legal regulations. The Organiser is entitled to deduct actual administrative costs related to the price reduction where permitted by legal regulations.

29. Cancellation Terms for Expeditions and Package Tours

29.1. The Customer is entitled to withdraw from the package travel contract before the start of the package tour. In such case, the Organiser is entitled to require a cancellation fee in the amount set out in these Terms and Conditions, the package travel contract, package tour confirmation or specific offer.
29.2. With regard to the limited capacity of expeditions, individual reservation of a place, high fixed costs, long-term obligations towards foreign partners, reservations of flights, vehicles, accommodation, visas, insurance, admissions, guide, production, organisational and other services, the Customer and the Organiser agree on the following cancellation fees if the Customer withdraws from the expedition or package tour contract:
a) withdrawal after payment of the deposit up to the 121st day before the start of the expedition: 50% of the total expedition price;
b) withdrawal from the 120th day to the 90th day before the start of the expedition: 70% of the total expedition price;
c) withdrawal on the 89th day or later before the start of the expedition: 100% of the total expedition price.
29.3. The decisive date is the date on which the withdrawal is delivered to the Organiser.
29.4. If the Customer fails to pay the balance of the price on time, fails to provide necessary cooperation, fails to deliver necessary data or documents, fails to meet the conditions of participation or otherwise materially breaches his or her obligations, the Organiser is entitled to withdraw from the contract and apply the cancellation fee under this article.
29.5. The Customer acknowledges that the amount of the cancellation fee corresponds to the nature of the expedition, limited capacity, time required to arrange services, non-refundable costs of the Organiser and the business model of the expedition.
29.6. The cancellation fee may be unilaterally set off against amounts already paid. If the paid amount does not cover the cancellation fee, the Customer must pay the difference.
29.7. The Customer has no right to a refund of the price or any part thereof if he or she does not participate in the expedition, misses departure, does not use some services, is excluded from the programme for breach of obligations, fails to meet entry, passport, visa, health, safety or other conditions, or if inability to participate arises for reasons on his or her side.
29.8. This is without prejudice to mandatory rights of the Customer arising from legal regulations, in particular rights relating to extraordinary circumstances, material change of a package tour or other cases provided by law.

30. Transfer of Package Travel Contract to Another Person

30.1. Under the conditions set by legal regulations, the Customer may transfer the package travel contract to another person if such person meets all conditions of participation in the package tour.
30.2. The transfer of the contract must be notified to the Organiser in time and within a reasonable period before the start of the package tour so that the change can be technically, administratively and contractually implemented.
30.3. The original and new Customer are jointly and severally liable for payment of the package tour price and costs arising in connection with the transfer of the contract, in particular fees for changes to flights, visas, insurance, accommodation, transport, admissions, administrative costs and costs of third parties.
30.4. If transfer of the contract is not possible due to carrier rules, visa conditions, entry conditions, rules of third parties, safety reasons, exhausted capacity or failure by the new participant to meet the conditions, the Organiser is not obliged to accept the transfer.

31. Cancellation of Expedition or Package Tour by the Organiser

31.1. The Organiser is entitled to cancel an expedition or package tour if:
a) the minimum number of participants, if set, has not been reached;
b) force majeure or extraordinary circumstances prevent performance;
c) performance is not possible for safety, health, organisational, technical, transport, economic or legal reasons;
d) the Customer or Participant has not met the conditions of participation;
e) other circumstances have occurred that objectively prevent proper or safe provision of the service.
31.2. If the Organiser cancels the package tour before its start for reasons on the Organiser’s side and legal regulations do not provide otherwise, the Organiser shall refund the amounts paid to the Customer to the extent set by legal regulations.
31.3. The Organiser is not obliged to pay damages or other compensation to the Customer if the cancellation occurred due to force majeure, extraordinary circumstances, failure to reach the minimum number of participants under the conditions set by legal regulations, or for other reasons for which the Organiser is not liable.

32. Complaints Relating to Package Tours and Assistance in Difficulty

32.1. In the case of expeditions and package tours, the Participant must, where possible, notify any defect directly on site to the guide, representative of the Organiser or another contact person designated by the Organiser.
32.2. If a defect is not notified in time and, as a result, a remedy cannot be arranged, this may affect the scope of the Customer’s claims.
32.3. The Organiser shall provide the Customer or Participant in difficulty with appropriate assistance to the extent required by legal regulations, in particular by providing appropriate information on health services, local authorities, consular assistance, substitute travel arrangements and remote communication.
32.4. If the Customer or Participant caused the difficulty intentionally or by negligence, the Organiser is entitled to request reasonable reimbursement of the costs of assistance provided, where permitted by legal regulations.

33. Exclusion of a Participant from the Expedition

33.1. The Organiser is entitled to exclude a Participant from the expedition or part thereof if the Participant:
a) breaches legal regulations;
b) breaches these Terms and Conditions, the contract or the Organiser’s instructions;
c) endangers himself or herself, other participants, the Organiser, third parties or property;
d) is under the influence of alcohol or addictive substances;
e) acts aggressively, dangerously, indecently or disruptively;
f) has not provided truthful information about himself or herself, documents, health condition or other material circumstances;
g) does not meet the conditions of participation;
h) fails to comply with instructions of the guide, driver, Organiser’s representative, local partner, carrier, accommodation provider, public authority or another authorised person.
33.2. Exclusion of a Participant from the programme for reasons on the Participant’s side does not give rise to a right to a refund of the price, discount, reimbursement of costs or other compensation.
33.3. Costs related to return, substitute transport, accommodation, change of flights, visas, insurance or other consequences of exclusion shall be borne by the Participant if the exclusion occurred for reasons on the Participant’s side.

PART D – COMMON FINAL PROVISIONS

34. Delivery

34.1. Unless agreed otherwise, the Organiser delivers to the Customer to the e-mail address provided by the Customer.
34.2. The Customer delivers to the Organiser to info@posedlidakarem.cz, unless another contact is stated for the specific matter.
34.3. An e-mail is deemed delivered at the moment of dispatch to the last known e-mail address of the addressee, unless it is proven that it was not delivered.
34.4. The Customer must notify the Organiser of any change of contact details without undue delay. If the Customer fails to do so, delivery to the last known details shall be deemed proper.

35. Governing Law

35.1. These Terms and Conditions and legal relationships between the Organiser and the Customer are governed by the laws of the Czech Republic.
35.2. The choice of Czech law shall not deprive consumers of the protection afforded to them by mandatory provisions of the law of their habitual residence, if such provisions apply under the relevant conflict-of-law rules.

36. Out-of-Court Consumer Dispute Resolution

36.1. If the Customer is a consumer, the Customer has the right to out-of-court resolution of a consumer dispute.
36.2. The competent body for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Czech Republic, website: www.coi.cz.
36.3. The Customer may also contact the competent supervisory authority according to the nature of the matter.

37. Amendments to the Terms and Conditions

37.1. The Organiser is entitled to amend these Terms and Conditions.
37.2. The wording of the Terms and Conditions effective at the time of conclusion of the contract shall apply to the specific contractual relationship, unless agreed otherwise between the parties or unless legal regulations provide otherwise.
37.3. The current wording of the Terms and Conditions is available on the Website.

38. Severability and Effectiveness

38.1. If any provision of these Terms and Conditions is invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions.
38.2. An invalid, ineffective or unenforceable provision shall be replaced by a provision that comes as close as possible to the meaning and purpose of the original provision, provided that legal regulations allow this.
38.3. These Terms and Conditions become effective on 1 June 2026.