Terms and Conditions
I. GENERAL PROVISIONS
- Commercial company VIEW PRAGUE, sro, IČ 04244133, with its registered office at Brožíkova 284/8, Beroun-Závodí, 266 01 Beroun, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 244544 (hereinafter referred to as "Service Provider" or "Provider") ") is a legal entity which, when concluding and performing a contract, acts in the course of its business or other business.
- These Business Terms and Conditions (hereinafter referred to as the "Business Terms") regulate the mutual rights and obligations of the Service Provider and the Client, or a third party to whom the Services are provided or for whose benefit they are ordered (hereinafter referred to as "Third Party").
- Services are offered by the Provider through the Provider's online store, which is operated at www.viewprague.cz. Provider's business conditions are available at the same address - these form an integral part of the contract concluded between the Client and the Provider.
- All contractual relations between the service provider and the customer, or between the service provider and the third party, are governed by generally binding legal regulations, in particular Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"), and these conditions. If the consumer is a party, the contractual relations are also governed by Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter referred to as "OchrSpotř").
II. USED EXPRESSIONS
- The Client is a person who, through the Provider's online store, orders the services offered by the Provider.
- The consumer is the customer or a third party who, outside the scope of his business or outside the scope of his independent profession, concludes or otherwise negotiates with the service provider.
- The Beneficiary is (i) directly the Client or (ii) a third person - ie, the person in whose favor the Contract was concluded and which has consented to this or the rights and obligations of the Contract concluded between the Client and the Provider in accordance with these business terms and conditions - which may be used by the provider on the basis of the e-ticket.
- An e-ticket is a voucher that authorizes the recipient to accept performance by the provider. The performance is the services specified in the binding order confirmation by the provider.
Consent to these Terms and Conditions means consent expressed in the order made through the Provider's online store. If a third party exercises a claim for performance, it shall be deemed to have consented to the Terms and Conditions.
III. A CONCLUSION OF THE CONTRACT
The Provider's online store contains an overview of the services offered by the Provider, including the individual pricing. The prices of the offered performance are stated including the value added tax. The offer of services, including their prices, is valid for the duration of the Provider's online store. This offer of the Provider is not binding and the Provider is not obliged to conclude the Purchase Agreement, the Service Agreement or any other contract regarding the offered performance.
To order services, the customer will fill in the order form in the provider's online store. The order form contains especially information about the ordered performance (specific service), the method of payment of the purchase price, information about the required method of e-ticket delivery.
Before sending the order to the provider, the customer is allowed to check and change the data entered into the order, even with regard to the possibility of the ordering party to detect and correct errors arising during the data entry into the order. The order is sent after clicking the "Confirm and send request" button. The information given in the order is considered correct and true by the provider. The Provider shall immediately confirm receipt of the order by e-mail to the Customer by e-mail to the e-mail address specified by the Customer in the Order (hereinafter referred to as "Client's E-mail").
Depending on the nature of the order (range of services, purchase price, estimated shipping costs), the Provider is entitled to ask the Customer for additional confirmation of the order (for example in writing or by phone).
The contract is concluded in Czech and English. The conclusion of a contract shall mean the moment of delivery of a binding order confirmation by the service provider; the order of the Customer made through the Provider's online store is only a proposal to conclude the contract. By sending the order, the customer confirms that he / she has read these terms and conditions, understood their content and agrees with them without reservation.
The rights and obligations arising from the contract arise between the Client and the Provider at the moment of conclusion of the Contract, ie delivery of a binding confirmation of the order. If the contract is concluded for the benefit of a third party, the third party shall be entitled at the moment when it expresses its consent to be bound by the contract (including these terms and conditions). The same applies if the third party has denied the consent.
The content of the contract is in particular the following rights and obligations of the customer and / or the recipient and the provider:
The Beneficiary is entitled to request from the Provider the performance specified on the e-ticket and in the binding order confirmation by the Provider. The Client is obliged to pay the purchase price in accordance with the contract. The Beneficiary is obliged to come to the place of supply of the Service at his / her own expense within the agreed deadline and deliver an e-ticket to the Provider. The Client is obliged to provide the escort and supervision of the adult in the case of recipients under 15 years of age. In the case of persons under the age of 18, the consent of the legal guardian is required if he is not present in the provision of services under the contract.
The Provider is entitled to require the Customer to pay the full amount of the purchase price in accordance with the Contract - the Provider is not obliged to commence performance until the full payment of the purchase price. The Provider is obliged to provide the Beneficiary duly and timely after the e-ticket has been submitted after the Beneficiary has made a reservation pursuant to Article VI. terms and conditions.
Other rights and obligations of the parties arise from these terms and conditions, unless expressly stated otherwise in the contract.
The Client acknowledges that the Provider is not obliged to conclude a contract, especially with persons who have previously materially breached another contract concluded with the Provider (including the Terms and Conditions).
The Client agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Customer or third party as a result of the use of these funds in connection with the conclusion of the Contract (eg the cost of Internet connection, the cost of telephone calls) shall be borne by the Client or by a third party. The Client is not responsible for any errors in data transmission.
IV. PURCHASE PRICE, METHOD OF PAYMENT OF PURCHASE PRICE
The prices of the offered performance stated in the Provider's online store are stated including the value added tax valid and effective as of the date of displaying the offer (hereinafter referred to as the "Purchase Price"). The purchase price does not include the cost of packaging and shipping the e-ticket - these are listed separately during the order.
Together with the purchase price, the customer is obliged to pay the provider the costs associated with packaging and delivery of the voucher in the amount agreed by the contracting parties. Unless expressly stated otherwise, the purchase price is further understood as the purchase price of the performance specified in the online store.
The buyer may pay the purchase price to the provider in one of the following ways:
by bank transfer, or
by credit card (hereinafter referred to as "online payment").
In case of payment to the account, the purchase price is payable before the e-ticket is sent. In the case of online payment, the purchase price is payable immediately, and the Client's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Provider's account.
The Provider shall issue to the Client a tax document - invoice regarding payments made pursuant to this Article IV. The tax document - invoice will be issued by the provider to the customer after the purchase price has been paid and will be sent in electronic form to the customer.
V. E-TICKET DELIVERY
The Provider is obliged to deliver to the Customer the e-tickets ordered by the Customer within one (1) week of the date of conclusion of the contract (hereinafter referred to as the "Delivery Time"). If the Provider requests payment of the whole purchase price or its part before sending the e-ticket to the Client, the delivery period starts only after the full payment of the purchase price has been properly paid to the Provider's account. If the Provider fails to deliver the e-ticket to the Customer within the stipulated time limit, the Client is entitled to withdraw from the Contract in writing.
All e-tickets are only sent electronically.
VI. DRAWING FILLING
The Client or the Beneficiary is obliged to make a reservation of the specific date on which the performance will be provided for the purpose of drawing the performance. He is obliged to make this reservation at least 24 hours in advance, but always within a reasonable time before the e-ticket expires.
Reservations can be made in the following ways: by phone or e-mail to the listed e-ticket.
The Provider is not obliged to provide performance to the Beneficiary if the reservation was not made in accordance with paragraphs 1 and 2 of this Article, with which the Client agrees.
The validity of the e-ticket is 6 months from the date of its receipt by the customer or another person authorized to do so. Within this period, the beneficiary is obliged not only to make a reservation but also to use the service. The duty of the Provider to perform the obligation under the Contract shall expire in vain expiry of this period.
E-ticket entitles the recipient only to receive the performance specified therein; Each e-ticket has its unique code and can only be used once. E-ticket is not convertible for money or for any other e-ticket. Money for an unused e-ticket is not refundable.
The Beneficiary is entitled to cancel its reservation no later than four (4) business days before the agreed date of service provision and subsequently to negotiate a new term of service provision if the e-ticket has not expired.
The Provider is entitled to cancel the reservation within the same period and under the same conditions as the beneficiary pursuant to paragraph 6 of this Article. If the reservation is canceled by the Provider later than this deadline, the Beneficiary is entitled to damages incurred directly by the Cancellation of the Reservation. However, if the reservation was canceled by the provider due to force majeure, the claim for damages is not incurred by the recipient.
The Provider shall not be liable for any damage incurred by the Client or the Beneficiary in connection with the breach of the Client's or Beneficiary's obligations under Article VI of the Terms and Conditions.
VII. COMPLAINTS, WITHDRAWAL FROM THE CONTRACT
The Provider is obliged to provide or arrange to the Beneficiary the performance of the performance in accordance with the concluded contract, these general conditions and generally binding legal regulations.
If the Provider fails to fulfill its obligations under the Contract in a timely manner, the Beneficiary is obliged to claim defects in the provided performance with the Provider without undue delay, but no later than within 14 days of the performance. If the performance was not provided at all, the beneficiary is obliged to file a claim within 14 days from the date when the performance was to be provided.
Claims must be filed in writing, either at the address of the provider's office, or to the email address firstname.lastname@example.org (same address for reservations and complaints). In the complaint it is always necessary to specify the e-ticket and the performance to which it authorizes, the identification data of the customer and the recipient (if different from the customer) and the defects of the provided performance. If the complaint does not contain all the particulars, the Provider shall promptly invite the Recipient to complete it within an additional reasonable period of time; if the recipient does not complete the claim within this period, the claim will be rejected.
The Provider shall settle the claim without undue delay, no later than 30 days from the date of its proper application or completion according to the previous paragraph.
If the complaint is rejected, the Provider shall issue a written record to the Beneficiary, stating the reasons, either to the address of the recipient's residence or registered address stated in the complaint or to his email address. If the claim is found to be justified, the recipient has the right to remove defects in performance and, if this is not possible, the right to a) a reasonable discount on the purchase price, b) compensation or c) withdrawal. If the conditions for withdrawal are given for reasons solely on the part of the provider, the beneficiary is entitled to a refund of the paid purchase price.
In case of rejected claims, the costs of complaint proceedings and handling fees may be charged.
The customer or the recipient has the right to withdraw from the contract in cases of gross breach of the provider's obligations.
Consumer acknowledges that pursuant to the provisions of § 1837 letter. (d) and (e) of the Civil Code may not, inter alia, withdraw from the contract for the supply of goods modified according to the wishes of the consumer or for his person, as well as perishable goods. In accordance with § 1837 letter. j) Furthermore, the Civil Code cannot be withdrawn from the contract in the case of contracts for accommodation, transport, catering or leisure, if the entrepreneur provides these services within the specified deadline.
If, with the prior express consent of the consumer, the service contract is fulfilled before the expiry of the withdrawal period, the consumer has no right to withdraw from such a contract.
If the cases referred to in paragraphs 9 and 10 of this Article are not concerned, or in any other case where the contract cannot be withdrawn in accordance with Section 1837 of the Civil Code, the consumer shall, in accordance with Section 1829 of the Civil Code, have the right to withdraw from the contract without giving any reason, within a period of fourteen (14) days from the date of conclusion of the contract - ie from the date of delivery of the binding order confirmation to the Client.
Withdrawal from the contract must be demonstrably sent within the deadline specified in paragraph 11 of this article, to the address of the provider's office or to the provider's e-mail address: email@example.com.
Sample withdrawal form is attached to these Terms and Conditions.
In case of withdrawal from the contract, the contract is canceled from the beginning. The e-ticket will be invalidated by the provider and therefore it is not necessary to return it to the provider. The Provider shall return to the consumer without undue delay, within fourteen (14) days of withdrawal from the contract, all funds, including the cost of delivery of the e-ticket received from him, in the same manner.
The Provider is entitled to withdraw from the contract due to a gross breach of the recipient's obligations. In the event of such withdrawal, the Provider is entitled to reimbursement of costs incurred in connection with the performance under the concluded contract in the amount of 30% of the purchase price.
VIII. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL MESSAGES
Protection of personal data of the Client, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., On Personal Data Protection, as amended.
The Client agrees to the processing of his / her personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
The Client agrees with the processing of personal data by the Provider for the purpose of realization of the rights and obligations of the concluded contract, for the purposes of internal analyzes and analyzes, as well as for the purposes of sending information and commercial communications to the Provider.
The Client acknowledges that it is obliged to state its personal data correctly and truthfully and that it is obliged to inform the Provider without undue delay of the change in its personal data.
By processing the Client's personal data, the Provider may authorize a third party as a processor. In addition to persons transporting e-tickets, personal data will not be passed on to third parties by the provider without the prior consent of the customer.
Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
The Client confirms that the personal data provided is accurate and that he / she has been informed that it is a voluntary provision of personal data. The Client declares that he has been instructed that he may at any time revoke his consent to the processing of personal data in relation to the Provider by a written notification delivered to the Provider's office address.
In the event that the Client believes that the Provider or the Processor is processing its personal data, which is contrary to the protection of the Client's private and personal life or in violation of the law, it may ask the Provider or the Processor for explanation or require the Provider or the Processor removed the condition. The Client is also entitled to request the correction of his / her personal data.
If the Client requests information on the processing of his / her personal data, the Provider is obliged to provide the Client with such information. The Provider has the right to request a reasonable compensation for providing information according to the previous sentence, not exceeding the costs necessary for providing the information.
The Client agrees to receive information related to the Provider's performance, goods, services or plant on the Client's email and further agrees with the Provider's commercial communication to the Client's email.
The Client's personal data are adequately protected against misuse and are not shared with other entities except the processor.
All information and materials on the Provider's website are the exclusive intellectual property of the Provider or the persons cooperating with the Provider. This information and materials may not be used in any way without the Provider's consent.
IX. EXCESSIVE CONSUMER DISPOSAL SOLUTIONS
Under § 14 OchrSpotř, the consumer has the right to an out-of-court settlement of a consumer dispute arising from a contract concluded with the provider.
The proposal to initiate proceedings under this article shall be submitted by the consumer to the Czech Trade Inspection Authority. There is no charge for this proposal. For details on the out-of-court settlement conditions, see the Czech Trade Inspection Authority (https://adr.coi.cz/cs/info).
X. FINAL PROVISIONS
If a relationship arising from an order from a provider's online store or a legal relationship established by a contract contains an international element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of an invalid or ineffective provision, a provision whose meaning to the original invalid or ineffective provision comes as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity or effectiveness of the other provisions.
Changes and amendments to the contract may only be made in writing, with the agreement of both parties.
In the event of a conflict between the contract and these terms and conditions, the contractual provisions shall prevail.
Photos in the Provider's online store are, for example, only illustrative of the form of e-tickets in the order form.
The Provider has the right to unilaterally amend and supplement the wording of these General Terms and Conditions, while the rights and obligations of the Parties are always governed by the General Terms and Conditions effective and effective at the moment of the establishment of the contractual relationship or other legal action.
These General Terms and Conditions are valid and effective from 22.4.2016.