TERMS AND CONDITIONS
of a company Yachtboat s.r.o. with its registered seat at Rašínovo nábřeží 389/46, Prague 2, 12800, ID No.: 082 37 867 registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 314872
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of a company Yachtboat s.r.o., with its registered seat at Rašínovo nábřeží 389/46, Prague 2, 12800, ID No.: 082 37 867, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 314872 (hereinafter the “Provider”) in accordance to Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) regulate mutual rights and obligations of the parties arising in connection with or based on the service contract (hereinafter the „Contract”) concluded between the Provider and another natural person (hereinafter the “Customer”) through a website located at www.yachtboatprague.com (hereinafter the "Website").
1.2. The service means a cruise on the Vltava River by a boat Traweller YB35 (hereinafter the “Service”)
1.3. These Terms and Conditions do not apply to cases where a person who intends to use the services of the Provider is a legal entity or a person who, when using the services of the Provider, acts in the course of his business aktivity or within his independent profession.
1.4. Diverging provisions of the Contract shall take precedence over the provisions of the Terms and Conditions.
1.5. The provisions of the Terms and Conditions form an integral part of the contract. The Contract and the Terms and Conditions are written in Czech and English.
1.6. The Provider may amend or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. CONCLUSION OF THE CONTRACT
2.1. All presentations of the services placed on the Website are informative and the Provider is not obliged to conclude a contract regarding these services. The provision of Section 1732 (2) of the Civil Code shall not apply.
2.2. The Website contains information about the services provided, including the prices of individual services provided. Prices of provided services include VAT and all related fees. Prices of provided services remain valid as long as they are displayed on the Website. This provision does not limit the Provider's right to conclude a contract on individually negotiated terms.
2.3. To order the Service, the Customer fills in the order form on the Website. The order form includes in particular:
2.3.1. information about the Service,
2.3.2. information about the date of provision of the Service,
2.3.3. the Customer‘s contact details,
2.3.4. information on the method of payment (hereinafter collectively the “Order”).
2.4. Before sending the Order to the Provider, the Customer is allowed to check and change the data entered, also with regard to the Customer's possibility to detect and correct errors arising when entering data into the Order. The information given in the Order is considered correct by the Provider. The Provider shall confirm the Order by e-mail to the Customer's e-mail address specified in the Order immediately after receiving the Order (hereinafter the “Customer's E-mail Address”).
2.5. The Provider is always entitled, depending on the nature of the Order, to ask the Customer for additional confirmation of the Order (e.g. in writing or by telephone).
2.6. The contractual relationship between the Provider and the Customer arises upon delivery of the acceptance of the Order, which the Provider sends to the Customer by e-mail to the Customer's E-mail Address.
2.7. The Customer agrees to usage of the means of distance communication when concluding the Contract. The costs incurred by the Customer when using the means of distance communication in connection with the conclusion of the Contract (e.g. internet connection costs, telephone call costs) are borne by the Customer himself, and these costs do not differ from the standard rate.
3. SERVICE PRICE AND PAYMENT TERMS
3.1. The Customer may pay the service price in the following ways:
0 cashless payment via the payment system;
0 cashless payment via the payment card;
3.2. The Provider is entitled to demand payment of the service price before providing the Service to the Customer.
3.3. If it is customary in the course of trade or if so stipulated by generally binding legal regulations, the Provider shall issue an invoice to the Customer regarding payments made under the Contract. The Provider is not a VAT payer. The invoice is issued by the Provider to the Customer after payment of the service price and sent in an electronic form to the Customer's Email Address.
4. WITHDRAWAL AND TERMINATION
4.1. The Customer acknowledges in accordance to Section 1837 point. j) of the Civil Code, it is not possible to withdraw from a contract whose subject matter is the provision of meals or the use of free time, if the entrepreneur provides these services within the stipulated deadline.
4.2. The Provider is entitled to terminate the Contract due to the fulfillment of conditions that do not allow the provision of the Service (especially due to unfavorable weather conditions or technical defects). Only the Provider is entitled to decide on the fulfillment of conditions that do not allow the provision of the Service.
4.3. In the event of termination by the Provider, the Provider is obliged to return 100% of the paid service price to the Customer.
4.4. The Customer is entitled to terminate the Contract for any reason or without giving any reason.
4.5. In the event of termination by the Customer more than 7 days before the agreed service provision, the provider is obliged to return 100 % of the paid service price to the Customer.
4.6. In the event of termination by the Customer more than 48 hours before the agreed service provision, the provider is entitled to a contractual penalty of 50 % of the full service price.
4.7. In the event of termination by the Customer less than 48 hours before the agreed service provision, the provider is entitled to a contractual penalty of 100 % of the full service price.
5. LIABILITY FOR DEFECTS
5.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 to 1925, the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).
5.2. Notably, the Customer may claim the defect liability rights in person at Truhlářská 1489/29, Nové Město, 110 00 Prague 1, by phone at +420 721 564 564 or via the e-mail address email@example.com.
5.3. Whoever has the right under Section 1923 of the Civil Code shall also be entitled to reimbursement of the costs reasonably incurred in exercising this right. However, if the claim for compensation is not exercised within one month after the expiry of the period within which the defect must be complained, the court will not grant the right if the provider claims that the claim for compensation was not exercised in time.
6. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
6.1. The Provider is not bound by any codes of conduct within the meaning of Section 1826 point. e) of the Civil Code.
6.2. Customer complaints are handled by the Provider via the e-mail address firstname.lastname@example.org. The Provider will send information about the processing of the Customer's complaint to the Customer's Email Address.
6.3. The Czech Trade Inspection Authority, with its registered seat at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://www.coi.cz/en/, is competent for the out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a provider and a customer under a service contract.
6.4. European Consumer Centre Czech Republic, with its registered seat at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
6.5. The Provider is entitled to provide services on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On consumer protection, as amended.
6.6. The Customer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
7. PROTECTION OF PERSONAL DATA
7.1. Its duty to inform the Customer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) hereinafter referred to as the “GDPR Regulation”) relating to the processing of Customer's personal data for performance of the Contract, for the purpose of negotiating the Contract and for the Provider's public obligations, is performed by the Provider through a separate document available at www.yachtboatprague.com/conditions.
8. STORING COOKIES
8.1. The Customer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the Website and fulfill the obligations of the Provider under the Contract without placing so-called cookies on the Customer's computer, the Customer may at any time withdraw the consent under the previous sentence.
9. DELIVERY OF DOCUMENTS
9.1. Documents can be delivered to the Customer's Email Address.
10. FINAL PROVISIONS
10.1. If the relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the Customer, if he is a consumer, of the protection afforded by provisions of the law which cannot be contractually derogated from and which would otherwise apply in the absence of the choice of law under Article 6 (1) of the (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.