Horsemenistan identifies the point of sale under the founder and operator Mgr. Lucie Drdová, PhD. registered in the Trade Register in Brno since 22.2.2023, ID 19088230, VAT non-payer, Renneská třída 418/43 63900 Brno-střed Czech Republic.
General conditions for providing guide services during the expedition
These general booking conditions (hereinafter also referred to as “conditions”) regulate the mutual rights and obligations of the parties to the contract for the provision of guide services during the expedition (hereinafter also referred to as “contract”), which is concluded between the guide Horsemenistan (hereinafter also referred to as “guide”) and the participant of the expedition (hereinafter also referred to as “client” or “you”). The Horsemenistan Guide provides only one service to the Client – the Guide Service. The Client hires the horses directly from a local horse provider (hereinafter also referred to as “local horse provider”). Transportation (including airfare and bus/train tickets), accommodation and all other services are provided by the Client.
Upon enquiry, the prospective Horsemenistan expedition participant is added to the list of potential expedition participants. If the guide considers that there is a realistic chance of the expedition taking place, he/she will ask potential participants to confirm the ongoing non-binding application. At the latest on this occasion, the Guide will send the following terms and conditions to the prospective Horsemenistan expedition participants. The final confirmation will come with the completed application form and payment of the deposit.
4.1 Conclusion of the contract
The conclusion of the contract is preceded by an independent investigation by the applicant. If the applicant confirms his/her application and pays the required deposit of the total price of the guide services, the contract, of which these conditions form an integral part, is concluded and the applicant becomes a client. If at least the minimum number of clients sign up for the expedition in this way, the guide will notify the clients that the expedition will take place. In the event that the number of clients does not reach the required minimum, the expedition will not take place and the guide will refund the clients’ deposits in full.
4.2 Agreement on the exact date
After signing the contract, the guide and the clients communicate with each other to fine-tune the exact date of the start of the expedition to suit all (or as many) clients as possible, also according to the available flights. Although the exact expedition date is determined later, it is within the broader (approximately one month) timeframe communicated by the guide and agreed by the client at the confirmation stage of the non-binding application. Any disagreement by the client with the exact date of dispatch, which results in the client’s withdrawal from the contract, will therefore be dealt with in accordance with clauses 7.3.1 and 7.3.2 of these terms and conditions.
4.3 Payment
The Client shall pay for the guide services by bank transfer to the account of the guide Mgr. Lucie Drdová, PhD., No. 1091523003/5500, held at Raiffeisenbank (hereinafter referred to as the “Guide’s account”); against the invoice issued.
5.1 Duties of the guide
5.1.1 Guide services
The guide is obliged to provide the client with guide services at the agreed place and time. The guide services consist of organizing the tour, providing information, assisting in the preparation of the tour, helping to arrange travel services and helping to arrange horse hire. In contrast, the guide does not provide other travel services such as accommodation, transport, meals or horse hire itself. The expedition is therefore not a tour within the meaning of Section 2521 et seq. of Act No. 89/2012 Coll. of the Civil Code and the client is not protected as a participant in the tour.
5.1.2. Problem solving
The guide tries to solve the arising problems according to his/her possibilities and abilities.
5.2 Rights of the guide
5.2.1. The right to use a representative
The guide is entitled to use a representative to carry out his/her duties.
5.2.2 Right to change or terminate the programme
The guide is entitled, at his/her discretion, to modify or terminate the agreed expedition programme or part thereof in cases where the protection of life, health or property of any of the clients or his/her own requires it, and/or in all cases listed in clause 7 “Cancellation or modifications”.
6.1 Payment for guide services
The client is obliged to pay the agreed price for the guide services. The fact that the client does not use the guiding services or part of them for reasons on his/her side does not entitle him/her to a discount on the agreed price of the guiding services.
6.2 Provision of necessary information
When booking the expedition, the client undertakes to provide the guide with full and truthful information about his/her riding experience and abilities, his/her experience in caring for horses and his/her health condition to the extent necessary for the planning of the expedition.
6.3 Meeting with the guide and the group
The client meets the group and disconnects from the group according to the agreed time and place of the meeting. Any complications associated with the client’s delay are the sole responsibility of the client and alternative transport to the group is entirely the responsibility and expense of the client. The guide cannot accept any responsibility for delays in the client’s departure home or arrival at the start of the expedition. In such cases, please contact your carrier.
6.4 Expedition programme
The expedition programme is set before the start of the expedition only in outline. The Client respects that a certain spontaneity in the formation of the programme during the expedition belongs to the expedition itself. The Client also agrees to substantial changes to the programme if the Guide decides to do so for legitimate reasons or if a majority of the Clients are in favor of a change to the programme.
6.5 Expedition group soul
The client is obliged to follow the instructions of the guide and to be considerate to other clients. The client must allow for the need to adapt some of his/her wishes and requirements to the needs of the group. The client is obliged to participate in the common routine of the group, especially by joint activities in cooking, food preparation and horse care. The client always takes care of the horse first and then herself/himself. The client agrees to behave in accordance with the cultural customs of the country. Furthermore, the client undertakes: to comply with the laws and regulations in force in the country, including those of carriers and accommodation providers; to follow the instructions of the guide in such a way as to avoid, in particular, endangering the health of persons, destroying, damaging, losing or stealing the property of the clients or disrupting the expedition programme; to behave in such a way as to avoid damage to health or property to the detriment of other clients, cooperating persons or the guide himself; to pay for any damage caused by the client to the guide and/or other persons.
6.6. Safe behaviour
6.6.1 Responsibility
The client is always responsible for his/her own safety. The Client must take care of his/her own safety during the ride and refrain from anything that could endanger his/her own safety, the safety of other Clients or the safety of the horse. Horseback riding is an inherently dangerous sport that can result in serious injury or even death. Even the best trained horses can react in a way that can cause you injury. Local equestrians may ask you to sign a statement or waiver that they are not liable if you suffer injury, death or property damage. Regardless of whether you are asked to sign a waiver or liability release, neither the local equestrians nor the guide will be liable if you suffer injury, death or property damage as a result of or in connection with riding or any horse-related activity or that is otherwise caused by the horse or horses or any other animal. The Client participates in the expedition at his/her own risk and responsibility, particularly after considering his/her health, physical and mental abilities and the conditions at the destination.
6.6.2. Instructions
The guide or local equestrians can give you specific instructions for handling horses in the local environment and it is up to the client to follow their instructions at all times. The guide reserves the right to refuse you further participation in the expedition if you have given him false or incomplete information about your riding ability and your remaining in the group could endanger you or other members of the group or defeat the purpose of the expedition. The Client further acknowledges that in accordance with local laws, local equestrians may prohibit the Client from further riding if they assess that the Client’s abilities are not of a sufficient standard and they might endanger themselves, others or the horses, or that you have incompletely or falsely informed them of your riding abilities. In such a case, the client is not entitled to compensation for the costs incurred.
6.6.3 Alcohol
In particular, it is not permitted to consume alcohol on the horse and/or before riding and/or to behave inappropriately or violently towards the horse. The restriction on alcohol consumption applies at any time in the morning, during any breakfast, lunch or afternoon break (to put it simply: wine/beer/vodka can be consumed in the evening, after all the tasks of the entire team have been completed). Violation of this point may lead to immediate exclusion from the expedition without prior notice, without compensation and without entitlement to organization or payment of transport back to the airport.
6.7 Proper insurance for dispatch
The Client is obliged to take out travel insurance against sickness and accident with a sufficient limit of financial cover for participation in the expedition. Baggage and liability insurance is also strongly recommended. If the client is not insured, the guide is not obliged to assist the client in dealing with the consequences. The insurance must include the riding as it is carried out as part of the expedition. This means horse riding as the main means of transport, which may be longer than 30 km per day, in remote terrain, without marked paths, and may be at altitudes above 3000 m. Insurance must therefore include helicopter rescue. (Please pay attention to your insurance company’s exclusions – some insurance companies exclude specific areas in Uzbekistan, Kyrgyzstan, Turkmenistan and Kazakhstan from their insurance.) Make sure you are fully insured, especially with regard to the maximum amount of the claim. The client is required to provide details of their insurance company and policy number to the guide for registration before departure. If you do not take out the insurance as described above, the guide may, at his/her discretion, refuse your booking or cancel your participation in the expedition. In no event shall the Guide be liable for any expenses, losses or damages incurred by you as a result of your failure to comply with this provision or the requirements of your travel insurance. Please read the policy details carefully and take them with you on your holiday. It is the client’s responsibility to ensure that the insurance purchased is suitable and appropriate for your specific needs.
6.8 Luggage and personal belongings
The client’s luggage must not exceed the size of the saddlebags in the case of one horse (the size is individual and must be adjusted on each trip separately). In the case of a pack horse, the participant’s luggage must not exceed the appropriate weight and size to be carried by the particular pack horse. The client agrees to pack sensibly and without unnecessary extra pounds for the trip. Luggage or its contents must not damage the horse (e.g. hard items such as a tent MUST NOT be packed on the horse’s spine or near the inside of the saddlebag) or violate the laws of the respective countries. Some expeditions start and end in a different location, so in these cases you really only need to bring items that will be packed on the horse (including the luggage itself, this should be soft, collapsible and packable into the saddlebag). Your luggage can be transported in all weathers on horseback or by vehicles to get you to your remote expedition destination. Although the guide will do everything possible to treat your belongings with the utmost care, luggage may be lost and damaged. The guide recommends that you do not travel with valuables and use luggage designed for outdoor use: boat bags, canvas bags and soft luggage. The guide will not be responsible in case of loss, theft or damage to your luggage. To mitigate this risk, it is advisable to take out proper luggage insurance. The guide recommends that you keep your passport with yourself at all times. The guide also recommends keeping a copy of your passport in a separate dry place in your luggage.
6.9 Visa and entry requirements
The Horsemenistan guide will provide you with general information on passport, health and visa requirements applicable to your destination. However, the client must check the requirements for their own specific circumstances with the relevant embassies and/or consulates and, if applicable, their doctor. Requirements are subject to change and the client must check the current status well in advance of departure. The Horsemenistan guide cannot accept any responsibility if the client is denied entry to any means of transport or to any country on the grounds that the client does not have all required documents or has otherwise failed to comply with passport, visa, immigration or medical formalities. The Ministry of Foreign Affairs of your country usually publishes advice and information for travel to individual countries on their website. We strongly recommend that the client regularly checks this website before departure and considers how this information affects their participation in the expedition.
6.10. Special requirements, dietary requirements, medical conditions and reduced mobility
The client is obliged to inform the guide when booking the expedition of any medical limitations that may affect his/her ability to manage the expedition. The expedition requires physical and mental stamina commensurate with being in the saddle for long distances and difficult hygiene conditions.
If the client has any special requests, he/she should inform the guide when booking. Although the guide will endeavor to pass on any reasonable requests to the relevant supplier, unfortunately she/he cannot guarantee that any request will be granted. Failure to meet a specific request is not a breach of contract by the guide. Confirmation that a special request has been recorded or forwarded to the local equestrians or the inclusion of a special request on your confirmation invoice or any other documentation is not a confirmation that your request will be fulfilled. We offer riding holidays for experienced riders in remote areas and therefore expeditions may not be suitable for people with certain disabilities, medical conditions or reduced mobility.
6.11. Complaints and problems
If the client has reason to complain about his/her expedition in any respect, he/she must inform the guide as soon as possible so that the guide has the opportunity to remedy the situation. If the client believes that the services of the guide are defective, he/she must inform the guide without undue delay and allow him/her to make amends. If you are still dissatisfied, you can email us at luci.vonaskova@gmail.com or call us at +420770778118 and we will do our best to help you.
6.12. Out-of-court resolution of consumer disputes
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
7.1 Change by local horsemen
In very unlikely circumstances the guide may need to amend or cancel a booking. A slight change by local horse riders will not result in a replacement solution or refund. If the guide is forced to make a significant change, such as a change of dates or a significant reduction in the standard of accommodation for all or a significant part of the tour, or to cancel your holiday, they may offer an alternative solution. As this is an equestrian holiday in wild and remote locations, the guide reserves the right to change the tour itinerary depending on changes in the weather, for your safety and the safety of the horses. The guide accepts no responsibility for cancellation or alteration of the horse arrangements by local horse owners and therefore accepts no responsibility for any costs, expenses or losses incurred by you as a result of cancellation or alteration by local horse owners.
7.2 Cancellation by the guide
7.2.1. Cancellation due to unexpected events
The guide has the right to cancel the contract before the commencement of the guide services due to his/her own serious illness or injury or the serious illness, injury or death of a family member. The guide has the same right if the number of clients falls below the required minimum for any reason. In such cases, the guide is obliged to refund the client the full agreed price of the guide services.
7.2.2 Cancellation due to unpleasant behavior
The guide also has the right to cancel the contract at any time during the provision of the guide services if the client fails to fulfill his/her obligations under the contract, in particular if he/she persistently shows signs of social maladjustment, inconsideration, aggression or harassment towards the guide or other clients, or otherwise fails to observe the appropriate behavior referred to in clauses 6.4, 6.5.1, 6.5.2 and 6.5.3 and disrupts the course of the expedition. In such a case, the guide has the right to withdraw from the contract at any time during the provision of the guide services. In this case, the client is not entitled to a refund of the agreed price for the guide services, nor is she/he entitled to a refund of part of the agreed price for the guide services.
7.3 Cancellation or modification by the Client
7.3.1 Usual expedition
The client has the right to cancel the contract without giving any reason before the commencement of the guide services. However, she/he is obliged to pay:
(a) a cancellation fee of 20% of the agreed price if she/he finds a suitable replacement.
(b) a severance payment of 60 % of the agreed price if she/he does not find a suitable replacement and withdraws from the contract more than 60 days before the start of the guide services.
(c) a severance payment of 100% of the agreed price if he or she withdraws from the contract less than 60 days before the commencement of the provision of guide services.
7.3.2 Private expedition and private group expedition
In the case of a private expedition, the client is obliged to pay a cancellation fee of 100% of the agreed price if the group fails to find a suitable replacement for the client who has withdrawn. Any arrears of the withdrawing client before the expedition takes place will automatically increase the agreed price of the guide services of all remaining participants in the private expedition on a pro rata basis at the rate of “arrears/remaining number of participants”.
7.3.3. Notification of cancellation
Cancellation of participation is done by informing the guide by email or phone about the withdrawal from the expedition.
7.3.4 Cancellation within 14 days
The Client has the right to cancel the contract in accordance with the provisions of Section 1829 (1) and (2) of the Civil Code within fourteen (14) days from the date on which the Purchaser (or a third party designated by the Purchaser) sends or confirms to the Guide a binding application for the expedition.
8.1 Responsibility of local horse owners
The Local Horseman is responsible for the performance of the services he/she has agreed to provide in accordance with their terms and conditions, these Booking Conditions, the laws applicable to the agreement with the Local Horseman (which may not be Czech law) and the laws and standards of the country where the Client’s expedition takes place. Exclusions or limitations of liability can be found in the terms and conditions of the local stables. In some countries or states, certain limitations and exclusions of liability may be mandated, permitted or approved by the laws of that country or state, which may (or may not) be contained in the terms and conditions of the local horsemen.
8.2 Liability of the guide
8.2.1 Force majeure and other unpleasant circumstances
Except as otherwise expressly stated in these Booking Conditions, the Guide cannot accept liability or provide any compensation if the performance or timely fulfillment of its contractual obligations is prevented or affected, or you otherwise suffer damage or loss (including injury to life, health or property) as a result of other service providers, third parties or unforeseeable and insurmountable obstacles arising independently of the Guide’s will. Furthermore, the Guide shall not be liable for:
(a) the property of the participants of the expedition in case of damage, destruction, loss or theft during the expedition (in particular, the guide is not responsible for any theft or damage of other luggage stored somewhere by the client during the duration of the riding expedition).
(b) the failure of the relevant embassies to grant visas to expedition participants.
(c) any damage incurred by the expedition participant due to delays in bus, train, plane or other transport services.
(d) damages incurred by the client as a result of non-compliance with internal medical regulations, government and airline regulations (e.g. failure to have a negative PCR test for Covid-19 within specified hours; failure to comply with yellow fever vaccination requirements when traveling through endemic areas, etc.)
(e) direct and indirect damages caused by third parties providing transport to the start and after the end of the expedition (e.g. airline, hotel, etc.).
(f) force majeure. This means any event which the guide could not have foreseen or avoided even with the exercise of all due care. Such events may include war or the threat of war, riot, explosion, civil commotion, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, and any similar event beyond the control of the Guide. Force majeure may also include a recommendation by the government or a recommendation by the Ministry of Foreign Affairs of the client’s country to avoid or leave a particular country. The Guide shall have no liability and shall not be liable to pay any compensation, expenses or other sums in the event that the performance or timely performance of its obligations under the contract with you is prevented or affected or you suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. Similarly, the Guide shall not be liable for any claims, liabilities, expenses or losses arising out of or in connection with unavoidable and extraordinary circumstances.
9.1 Photography
By entering into an expedition contract, you grant the guide permission to use photographs taken during the expedition for promotion on social media and websites. You can withdraw your consent at any time.
9.2 GDPR
Your personal data is important to us. We process all personal data in accordance with the General Data Protection Regulation (GDPR). If you have any questions about how we handle your personal data, please read our privacy policy, which can be found on our website at this link: https://horsemenistan.com/gdpr. If you would like us to stop contacting you, whether by email or any other means, please email us at luci.vonaskova@gmail.com and indicate how you would like us to use and store your personal data.
Your relationship with Horsemenistan, including those parts of these Booking Conditions that relate to that relationship, shall be governed by Czech law. In the event of any dispute, claim or other matter of any kind arising between you and Horsemenistan (as opposed to a dispute between you and local horse owners), such matter shall be subject exclusively to the courts of the Czech Republic. Your relationship with the Local Horsemen will be governed by the governing law and jurisdiction set out in the Local Horsemen’s terms and conditions. This will normally be the law and courts of the country of the expedition.
(last revision 3.1.2024)