Terms and Conditions
General Terms and Conditions
ZIMLET Klíny, s.r.o.
with its registered office at Rašov 64, Klíny 43601
identification number: 22802126
filed at the Regional Court in Ústí nad Labem, file no. C 32403
for the sale of services through an online store located at booking.zimlet.cz
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as the "Business Terms") of ZIMLET Klíny, s.r.o, with its registered office at Rašov 64, Klíny 43 601, identification number: 22802126, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, insert 32403 (hereinafter referred to as the "Seller") govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (the "Civil Code") the mutual rights and obligations of the parties, (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another individual (the "Buyer") through the Seller's Internet Store. The Seller operates services at the Company's headquarters or on the Internet Store on a Web site located at www.booking.zimlet.cz (hereinafter referred to as the "Website"), via the Web Site Interface (hereinafter referred to as the "Business Web Interface"). The seller offers ski school services in the form of lessons (hereinafter referred to as "services").
1.2. Business Terms do not apply to cases where a person intending to buy services from the Seller, is a legal person, or person who acts when ordering services in the course of their business, or in the course of their independent pursuit of their profession.
1.3. The provisions derogating from the Business Terms may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the Business Terms.
1.4. Business Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms are prepared in Czech language. The Purchase Agreement can be concluded in Czech language.
5. Seller may change or add the wording of the Business Terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Business Terms.
2. DESCRIPTION OF THE SERVICE
2.1. The subject of services is skiing and snowboarding.
2.2. Services are provided by certified instructors.
2.3. Services consist of individual lessons that last for 50 minutes.
2.4. In the case of a multi-person private lesson, it is not appropriate to merge people of different ages or different levels.
2.5. Services are provided at a pre-booked time.
2.6. On the day the service is drawn, Buyer receives a text message, which shall be shown to the instructor at the meeting point (by the ski school playground).
2.7. Services may be purchased by the Buyer for himself or for another person (hereinafter referred to as the "Participant"). In the case of a minor child, the service is purchased by his legal representative.
3. USER ACCOUNT
3.1. Buyers can access their user interface on the basis of the buyer's web site. From his user interface, the buyer can execute service orders (hereinafter referred to as the "user account").
3.2. When registering on a website and ordering services, the buyer is obligated to provide all data correctly and truthfully. The details given in the user account are obligatory for the Buyer to update as soon as some change occures. Data provided by Buyer in the user account, and when ordering services, is considered by Seller to be correct.
3.3. Access to the user account is secured by user email and password. Buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.
3.4. Buyer is not authorized to allow using of his/hers user account to third parties.
3.5. Seller may cancel an user account and, in particular, if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the Purchase Agreement (including Business Terms).
3.6. Buyer acknowledges, that the user account may not be available continuously, in particular with regard to the necessary hardware and software maintenance of the Web site, or the necessary maintenance of third-party´s hardware and software equipment.
4. conclusion of the purchase agreement
4.1. All presentations of services located in the web interface of the shop are informative and the Seller is not obliged to conclude a purchase contract for these services. Section 1732 (2) of the Civil Code does not apply.
4.2. The store's web interface includes information about services, including the prices of each service. Service prices are quoted including value tax. Service prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a Purchase Agreement for individually negotiated terms.
4.3. In order to order services, the Buyer will fill in the order form in the web interface of the store.
The order form contains, in particular, information about:
- ordered services (buyer "puts" ordered services into the electronic shopping cart of the web interface of the shop),
- method of payment of the purchase price (collectively referred to as the "order").
4.4. Order will be sent by the Buyer to the Seller by clicking the "pay" button. The data listed in the order are deemed as correct by the Seller. Whenever Seller receives receipt from the Buyer, he sends an confirmation e-mail to the Buyer's e-mail address listed in the user account, or in the order (hereinafter referred to as the "buyer's electronic address").
4.5. Seller is always entitled to ask the Buyer for an additional order confirmation (phone call or e-mail), depending on the nature of the order (quantity of services, purchase price).
4.6. The contractual relationship between Seller and Buyer arises from the delivery (acceptance) of the order, which is sent to the Buyer by e-mail to the Buyer's e-mail address.
4.7. Buyer agrees to use distant means of communication when making an Purchase Agreement. Costs incurred by the Buyer when using distant means of communication in connection with conclusion of the Purchase Agreement (cost of internet connection, telephone call taxes) are paid by the Buyer himself. These costs does not differ from the basic rate.
5. SERVICE PRICE AND PAYMENT CONDITIONS
5.1. Seller may pay the Buyer's cost of services and any additional costs under Purchase Agreements in the following ways:
- cash at the Seller's premises at Rašov 64, Klíny;
- non-cash payment via GoPay payment gate;
- credit/debit card payment.
5.2. In the case of non-cash payment, Buyer is obliged to purchase the purchase price of the services together with a variable payment symbol. In case of a non-cash payment, Buyer is obliged to pay the purchase price. By that moment, when the relevant amount is credited to the Seller's account, commitment is being fulfilled.
5.3. If it's usual in the course of trade, or if it's stipulated by generally binding legal regulations, the Seller issues a tax invoice to the Buyer in connection with payments made under the Purchase Agreement to the Buyer. Seller is a value-added taxpayer. Seller issues tax document to the Buyer after paying the purchase price and sends it electronically to the Buyer's e-mail adress.
6. PROTECTION OF PERSONAL DATA
6.1. Protection of the Buyer's personal data is provided by Act No. 101/2000 Coll., in the Protection of Personal Data, as amended.
6.2. Buyer agrees with processing of personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, age, or data of the subscriber, who uses the services (collectively referred to as „personal data“).
6.3. Buyer agrees with processing of personal data by Seller for the purpose of realizing rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If Buyer does not choose another option, he agrees with processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in it's entirety under this Article, is not a condition, that would make it impossible to conclude an Purchase Agreement.
6.4. The Buyer acknowledges, that he is required to state personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully, and that he is obliged to inform the Seller of any change in his personal information without any delay.
6.5. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
6.6. The Buyer confirms, that the personal data provided are accurate and that he has been advised this is a voluntary provision of personal data.
7. SENDING BUSINESS COMMUNICATIONS AND SAVING OF COOKIES
7.1. Buyer agrees with sending information related with Seller's services or business to the Buyer's e-mail address, and agrees with sending sales announcements and advertisement to the Buyer's e-mail address.
7.2. Buyer agrees with saving cookies on his/hers computer. If the purchase on the website is possible and the Seller's obligations under the purchase contract are fulfilled without so-called cookies being saved on the purchaser's computer, the Buyer may withdraw the consent under the preceding sentence at any time.
8. RIGHTS AND OBLIGATIONS OF THE BUYER
8.1. Buyer needs to reserve time for lessons after buying lessons.
8.2. Buyer has the right to change the teaching time within 2 hours prior to the beginning of the reserved teaching.
8.3. Buyer receives a text message on the day of the lesson, which shall be shown the instructor. If he does not have a phone, he can pick up a document with the relevant information at the ski school's office.
8.4. Buyer is entitled to participate only in lessons with time and parameters written in the document or in the text message.
8.5. For the use of lifts at the Sport areál Klíny, the Buyer must buy a ski pass. Buyer can purchase an 1-hour ski pass at the ski school's office, or any other ski pass according to the price list of the Sport areál Klíny. Instructor will inform the Buyer about the need of purchasing ski pass for the lesson.
8.6. During the lesson, the participant has access to the fenced area of the ski school (Kids Park, Junior Park) free of charge, accompanied by an instructor.
8.7. Buyer has no right to enter the ski school premises, unless the participant is on the booked lesson.
8.8. Buyer hereby takes on the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.9. Services are provided at your own risk and the Seller advises to the Buyer to arrange accident insurance.
8.10. Buyer is responsible for appropriate clothing, equipment, and health of the participant during the lesson.
8.11. Buyer is required to report the health status of a participant before the lesson, possible complications, etc.
8.12. In the case of an injured minor, Buyer agrees with providing medical care by the Mountain Service of the Czech Republic.
8.13. Buyer must instruct a participant, if he is not a participant, to respect these principles of safety and behavior:
- During the lesson, participant must follow the instructions of his instructor.
- The participant is obliged to unconditionally observe the rules of the FIS for the behavior of skiers and snowboarders, and the rules of the ski area.
- The participant always stops at the designated location set by instructor.
- The participant will never depart from his instructor without informing him.
- When traveling on a lift and a cable car, the participant will comply with the transport regulations.
- Before starting a hill, the participant always looks over himself so that he does not go to the other skiers way, and so do not threaten him or herself.
- When riding, the participant will ride cautiously, will not risk and overestimate his strength.
- The participant will not stop at exposed locations, but on a wide, clear section and at the edge of the slopes.
- The participant will not drink alcoholic beverages and use narcotics during and efore the lesson.
- The participant will adhere to the rules of good behavior and respect the operating rules of the Sport areál Klíny.
8.14. Buyer has the right for the proper provision at the right time of the agreed and paid services.
8.15. Buyer has the right to claim any defects in the provided services upon their discovery, no later than 24 hours after termination of the service at the ski school office, or by e-mail: firstname.lastname@example.org.
9. RIGHTS AND OBLIGATIONS OF THE SELLER
9.1. Seller is not bounded by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) e) of the Civil Code.
9.2. The Seller is authorized to sell services on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
10. WITHDRAWAL FROM THE PURCHASE AGREEMENT
10.1. Buyer notes that, in accordance with Section 1829 (1) of the Civil Code, he has the right to withdraw from the Purchase Agreement within fourteen (14) days from the conclusion of the Purchase Agreement.
10.2. Buyer may withdraw from the Purchase Agreement by e-mail address of the Seller: email@example.com.
10.3. In the event of withdrawal, Seller shall return the funds received from the Buyer within fourteen (14) days from that withdrawal, and in the same manner the funds were acctepted from Buyer.
10.4. Possibility to withdraw Purchase Agreement within 14 days "without cause" shall not apply from the moment of reservation of a particular lesson by the Buyer before the end of the 14-day withdrawal period.
10.5. In the event of cancellation of reservation less than 2 hours before start of the service, or non-execution of the service due to Buyer's reasons, Buyer is not entitled for a refund of the amount paid.
11. NEXT ARRANGEMENTS, CERTAIN CONDITIONS
11.1. The range of the lesson or the number of people cannot be changed for purchased services.
11.2. Services will be forfeited without refund, if they are not used until the end of the specific winter season of Sport areál Klíny.
11.3. Refund of unused services is possible only in case of illness or injury, and upon presentation of a medical certificate.
11.4. If a participant behaves inadequately during the lesson and violates good manners, thereby limiting other clients, this participant will be excluded from lesson without compensation.
11.5. In the event that the participant fails to comply with the obligations of the contracting parties, this participant will be excluded from the lesson without compensation.
11.6. Buyer cannot require a refund for limited lesson due to poor weather conditions or limited operation of the transport equipment.
11.7. If a participant does not arrive at the destination at the pre-arranged time, this participant is not entitled to a refund of the missed service. The instructor waits for a participant for a maximum time of 10 minutes from the scheduled start.
11.8. Seller is obliged to return to the Buyer as following:
- 0% of the amount paid: due to reasons on the client's side, due to bad weather conditions, or limited operation of the transport equipment.
- 100% of the amount paid: if the lesson was terminated by ski school.
11.9. Amount is returned in cash at the ski school office.
11.10. Participants under the age of 15 years must wear a special reflective vest ZIMLET Klíny, which participant receives from the instructor during the training on the slopes of the Sport areál Klíny (outside the ski school area).
11.11. Participants under the age of 15 years must wear a helmet for the entire duration of the lesson.
12. FINAL PROVISIONS
12.1. If a relationship based on a Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech republic law. This does not affect the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or if such a provision becomes effective, instead of invalid clauses, a provision will be enforced. Purpose of the provision is as close as possible to that invalid provision. Invalidity or ineffectiveness of one provision does not concern validity of the other provisions.
12.3. Purchase Agreement, including the General Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. By purchasing service, Buyer agrees to these General Business Terms and Conditions, and Operating Rules of the Ski School ZIMLET Klíny, s.r.o.
12.5. These Terms and Conditions are effective from 1. 12. 2018.
In Klíny, December 1st, 2018