GENERAL TERMS AND CONDITIONS

These are the general business conditions of Krkonošská Bajkovna sro (hereinafter referred to as "KB"), with its registered office at no. 125, Špindlerův Mlýn, 543 51, identification number: 14290782, registered in the Commercial Register kept at the Regional Court in Hradec Králové, file number 48956, for the provision of services in the field of sports or other activities defined below (hereinafter "GTC").

1. INTRODUCTORY PROVISIONS

These GTC govern the mutual rights and obligations between KB and a person who is interested in teaching or participating in the activities defined below (hereinafter "participant"), related to his participation in the activity, or an activity contract concluded between the participant and KB.
For the purposes of these GTC, the activity means any sports activity, teaching, course, teambuilding activity or other activity intended for the leisure time of the participants offered or organized by KB (hereinafter referred to as the “activity”).
The provisions of these GTC are an integral part of every contract concluded between the participant and KB, on the basis of which KB undertakes to provide services related to the activity or to mediate the participant's participation in the selected activity - (hereinafter the "activity contract"). KB will not accept any activity order in which the participant would directly or indirectly exclude the wording of these GTC. These GTC are part of all activity contracts regardless of the method of conclusion (in writing, orally, via the website, e-mail), if the participant is notified of this fact when concluding the activity contract (by reference in the text of the contract, to issued invoices for paid activity, by posting in a visible place in the KB establishment, etc.).
If the activity is ordered for third parties - participants (company events for employees, gift certificates, etc.), the activity contract is concluded by the participation of the given participant in the activity ordered by the customer. In such a case, the Client is obliged to acquaint the selected participant in detail with the conditions of these GTC and other KB instructions concerning activities.
The rights and obligations related to the activity contract are given mainly by these GTC. Deviations and obligations may be agreed deviating from the provisions of these GTC only if they are explicitly mentioned in the activity contract. Deviating provisions in the activity contract take precedence over the provisions of these GTC.
KB may freely change or supplement the wording of the GTC; this does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
The legal relationship between KB and the participant is further governed by Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code").
The participant of registrations, reservations / purchases of specific activities via the web interface www.krkonosskabajkovna.cz (hereinafter referred to as the "website"), by signing the contract of the selected activity, or by paying activities at the KB branch confirms that it has read these GTC, of which the communication before the conclusion of the contract is an integral part, and that it agrees with them, in the wording valid and effective at the time of registration.
By concluding an activity contract, the participant confirms that he / she is sufficiently aware of his / her state of health, while this state of health does not partially prevent him / her from participating in the selected activity.

2. COMMUNICATION BEFORE CONCLUDING THE CONTRACT

KB states that:

The provider of activities is Krkonošská Bajkovna sro se sídlem č.p. 125, Špindlerův Mlýn, 543 51, identification number: 14290782 and contact details are info@krkonosskabajkovna.cz, phone 774 505 375
KB does not charge any fees for concluding a distance contract via the website; however, the subscriber may be required to pay fees (eg internet connection costs, telephone call costs) to his internet or telephone provider;
the prices of activities are listed on the website, including all fees stipulated by law;
if the activity contract is concluded at a distance via the website and e-mail and the participant is a consumer, he has the right to withdraw from the activity contract within 14 days of concluding the contract, provided that the activity date has not been booked or to start participating in the activity. If a specific date is booked or activities start, the participant does not have the right to withdraw from the contract due to the fact that these are contracts for the use of the participant's free time, which are provided within the specified period (see § 1837 of the Civil Code).
in the event that the participant has a complaint, he can apply for this to info@krkonosskabajkovna.cz or he can contact, for example, the relevant trade licensing office or trade inspection.
In relation to the participants, KB is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

3. CONCLUSION OF THE CONTRACT

The activity contract is concluded between KB and the participant either in writing or orally at KB branches, by telephone or electronically via the website, where the participant fills in an order related to a certain activity (directly for the participant or for a third party in the form of a gift certificate). Furthermore, it is possible to conclude an activity contract tacitly at the beginning of participation in the activity - see Article 1.4 of these GTC. These GTC are also a part of every concluded activity contract.
Through the KB web interface, the participant concludes an activity contract by selecting the required activity on the KB website, filling in all required data, confirming the binding nature of these GTC and sending the order via the web interface. The participant acknowledges by sending that he is obliged to pay the price for the activity and that participation in the activity is possible only after full payment of its price. The order is irrevocable after the delivery of the confirmation (acceptance) from KB by the participant. KB considers the data specified in the order to be correct.
An activity contract that is not concluded at a KB branch is concluded when KB accepts the order and confirms (by e-mail) its acceptance to the participant. In case of capacity, vacancies or other serious reasons, KB is entitled to reject the order. If in the meantime the price of the activity has been paid, KB is obliged to return all received funds to the participant, within 7 days of the rejection of the order.
The offer of activities published on the KB website or in other KB promotional materials is not a binding proposal for concluding a contract; this is a duly completed order of the participant.
The place of the activity is determined by KB, if the place is not specified in advance in the offer of the given activity, or it is not given to the participant to choose from more places.
The duration of the activity is agreed between the contracting parties by telephone or e-mail after payment of the full price of the activity by the participant. In the case of a gift certificate, the reservation of the time of the event can be made no later than the date stated in the certificate, in other cases within 6 months from the conclusion of the activity contract. If the participant does not make a reservation within this period, the participant of the activity waives without the right to compensation.
KB does not provide transport for participants to the place of activities or their accommodation for the duration of the activities. However, together with the activity order, the participant has the option of ordering and paying through KB the currently offered accommodation, which is not provided by KB and the money received from the participant will be handed over by KB to the accommodation owner together with the accommodation reservation for the given participant. From the amount received from the participant for accommodation, KB is entitled to keep the handling fee for arranging accommodation. The supplier does not bear any responsibility for the quality or other aspects of this accommodation and the participant is obliged to resolve all complaints, defects and complaints regarding accommodation through the customer, and if this is not possible, then directly with the owner of the accommodation.

4. PRICE AND PAYMENT TERMS

Activities are provided for a fee, which the user is obliged to pay before they take place. The form of payment is chosen by the participant when ordering the activity or on the basis of an agreement with KB. The gift certificate is valid only after full payment of its price.
Prices for the provision of activities are determined by the KB price list, published on the KB website. The price agreed in the activity contract is always binding for the participant. KB is entitled to change the price list at any time, but this change does not affect already concluded contracts.
The basic price of the activities does not include the price for the delivery of the gift certificate. Depending on the chosen mode of transport of the consignment, the participant will also pay the relevant flat fee for transport depending on the chosen mode of transport. The amount of this surcharge is communicated to the participant when filling out the order.

5. GIFT CERTIFICATES

The gift certificate issued by KB entitles the person listed in it to participate in the activity if all the conditions set for the activity are met. The gift certificate states the identity of the person according to the order made by the participant. KB is entitled to request the provision of more identification data, if this is necessary to participate in the activity. Unless explicitly stated otherwise in the gift certificate, it is not issued to the consignee.
The gift certificate is valid until the date stated on it. Within this period, the certificate holder is entitled to participate in the activities listed therein. If the certificate holder does not use the activity during the validity of the certificate, it is valid that he waives participation in the activity without the right to compensation. The price paid covers KB's already incurred costs with the issuance of a certificate, operation of a customer center, communication with external providers, etc.
The damaged certificate is invalid and cannot be used to participate in the activity. In case of major damage (any damage to visible and invisible security elements of the certificate or code, missing part of the certificate over 10% of the area) exchange is not possible and the participant loses the right to participate in the activity. KB is not responsible for the loss, destruction or theft of the certificate. However, the participant is obliged to immediately inform KB about such an event.

6. GENERAL RULES FOR ACTIVITIES

KB may change the place of the activity or other conditions of the activity (provided that the basic parameters of the activity are maintained). He is obliged to inform the participant about this change without undue delay, by sending an e-mail message or in another suitable form.
For serious reasons (especially due to ineligible weather conditions or other force majeure events, such as an outbreak of a dangerous disease, or the declaration of a protective or forbidden zone for entry, flood or flood, fire or its consequences, strike, reasonably unforeseen technical failure, etc. .), KB may cancel the holding of the activity and, if it is possible, offer the participants a new date for its holding. He is obliged to inform the participant about this change without undue delay, by sending an e-mail message or by phone. If the participant is unable to participate in the activity in any of the proposed alternative dates, or the date of the activity cannot be postponed due to its nature, the participant is entitled to a refund of the already paid activity price (or the price of the unused part if canceled only after the activity starts) . KB is not liable for damages or additional costs incurred by the participant as a result of this procedure.
Furthermore, if the activity is technically possible to provide only as a whole and it is not possible to divide it into several time periods, then by participating in the activity for at least 60% of the expected duration, the activity is considered to be provided or completed.
In the event of illness or other absence of an activity instructor, KB may replace such an instructor with another instructor with the same or similar qualifications.
In case of missing the participation in the reserved activity, the participant does not have the right to participate in the activity in the alternative period, to return the price of the activity (or its proportional part), or to any other compensation. The price paid covers KB's already incurred costs with the preparation of the participant's participation in the activity and other related costs.
The participant is entitled to cancel his participation in the reserved activity under the following conditions:
- The reservation of the activity (private lessons, group lessons) can, if necessary and by appointment, be rewritten to another person. If you cancel your activity 30 days or more before the date of the activity, you will be charged a cancellation fee of 50% of the total contract amount. In the event of check-out less than 30 days before the start of the activity, the entire amount of KB will be forfeited. The price paid covers KB's already incurred costs with the preparation of the participant's participation in the activity and other related costs.
- participation in the activity can be canceled in case of serious illness or injury of the participant, which prevents him from participating in the activity, which will be evidenced by the original certificate from the doctor. In such a case, the participant is entitled to a new appointment of the activity free of charge, and if these health barriers demonstrably last or will last longer than 6 months, then the participant is entitled to a 100% refund of the price of the activity.
The provisions of the previous paragraph do not apply to activities carried out only on a pre-determined date. The time and date of participation cannot be changed for these activities, so it is not possible to cancel such an activity. In case of failure to participate in such an activity, the above point 6.5 applies.
By canceling the reservation, the participant does not withdraw from the activity contract. Cancellation conditions can be set separately for individual activities. In such a case, they take precedence over the cancellation conditions according to these GTC.
Before starting activities, KB may require verification of the identity of the person who came to participate in the activity. Without verification of identity, it is not possible to provide some activities, which the participant acknowledges and undertakes to inform about the persons whose identities he states in the order. Identity is proven by presenting a valid ID card, driver's license or passport. In the event that the activity is not provided due to non-compliance with the condition of identification of the person, the participant is not entitled to any compensation.
The participant, or the certificate holder designated by him, participates in all activities exclusively at his own risk. The participant must assess for himself whether he is medically and physically fit to safely manage the selected activity. Information on any restrictions that may apply to some of the activities offered (eg age, medical and physical fitness, or a requirement for a medical examination) are given in the information that is part of the description of each activity, or will be communicated to the participants orally before the start of the activity.
If the participant finds out that his / her health condition does not allow him / her to continue participating in the activity or such continuation could endanger his / her health condition, he / she is obliged to immediately notify KB and immediately terminate his / her participation in the given activity.
The participant is obliged to follow the instructions of KB or its instructors and other persons providing services to the participants on the part of KB unconditionally during the activity itself. Otherwise, KB is entitled to exclude the participant from participating in the activity without the participant's right to any compensation.
KB will deny the participant to participate in the activity even if the participant or other people present with him will be immediately under the influence of alcohol or drugs. In this case, the participant is not entitled to any compensation.
Persons under the age of 18 may participate in the activity only with the express consent of a parent or legal guardian. In justified cases, especially for persons under the age of 15, it is necessary to provide, at the participant's expense, the accompaniment and supervision of an adult, approved by his / her legal representative.
The participant acknowledges that the activities can be documented by a KB photographer or cameraman. The Participant further acknowledges that photographs or videos that contain groups of participants and that do not contain their identification may be published on the KB website or in other KB promotional materials.

7. LIABILITY FOR DAMAGE

KB is liable to the participants for damage to health or property, if such damage was caused by a KB representative intentionally or as a result of negligence and in connection with the activity.
KB is not liable for any damage to health or property that the participant causes intentionally, due to negligence, carelessness or overestimation of his physical condition.
KB is not liable for any damage to health or property incurred by the participant as a result of non-compliance with the procedure or instructions of KB or its instructors.
The participant is liable for the damage caused by KB or any third party in connection with its participation in the activity.

8. WITHDRAWAL FROM THE CONTRACT

In the event of a gross breach of the participant's obligations set out in these GTC or in the activity contract (especially the obligations specified in Article 6.12 or 6.13), KB is entitled to withdraw from the activity contract with immediate effect. In such a case, the participant is obliged to pay KB a contractual penalty in the amount of the price of the unused part of the activity. The right to a contractual penalty according to the previous sentence will be offset against the participant's possible right to a refund of the price of the unused part of the activity. This contractual penalty agreement does not affect any claim of KB for damages caused by the participant.
The participant has the right to withdraw from the activity contract in the event of a gross breach of KB's obligations arising from these GTC or from the concluded activity contract. The cancellation of a certain activity within the agreed deadline for reasons other than serious reasons stated in Article 6.2 is considered a gross breach of obligations, without a new deadline being set within a reasonable additional period (min. 14 days). In such a case, the participant is entitled to a refund of the paid price of the activity, or the price of its unused part, if the withdrawal occurs only after the start of the activity.
If the activity contract is concluded at a distance via the website and e-mail and the participant is a consumer, he has the right to withdraw from the activity contract without giving a reason within 14 days of concluding the contract, provided that no date has been reserved. activity or participation in the activity has not started. If a specific date is booked or the activity starts, the participant does not have the right to withdraw from the contract with regard to the fact that these are contracts for the use of the participant's free time, which are provided within the specified period (see § 1837 of Act No. 89). / 2012 Sb.)
In the event that the participant rightfully withdraws from the activity contract without giving a reason before booking the activity date, the price will be refunded to the participant. Withdrawal from the contract is effective when the withdrawal occurs to the other party.

9. PROTECTION OF PERSONAL DATA

Information on the protection of personal data of the participant who is a natural person is given in a separate document, accessible here .
This information on personal data protection is an integral part of these GTC.
The participant is obliged to provide his personal data in a true form and to inform KB without undue delay about the change in his personal data.
If the information marked as mandatory is not provided, or will be provided incorrectly, KB will not be able to fulfill its obligations under the activity contract, it has the right to withdraw from the activity contract and does not bear any responsibility in this regard.

10. FINAL PROVISIONS

Unless otherwise agreed, all correspondence between the subscriber and KB must be delivered to the other party by e-mail or in writing through the postal service provider (at the option of the sender). It is delivered to the subscriber to the e-mail or delivery address specified in his user account.
All texts, illustrations and photographs contained in KB's materials and on the KB website are subject to copyright and may not be copied or used further without the express written consent of KB. The photographs used in the information materials (including internet presentations) for the individual activities are for information purposes only; machines, equipment, aids, people and surroundings may actually differ. If the same technical functionality of the thing needed or connected with the provision of the activity is ensured, it is not a defect of performance if the activity is provided with a thing or a thing different from that displayed on the website.
The Participant is not entitled to assign any rights or claims arising from or in connection with the Activity Agreement to any third party.
In the event of a dispute between the participant, the consumer and KB, the consumer may also use the option of out-of-court settlement of the dispute. In such a case, the consumer buyer can contact the out-of-court dispute resolution entity, which is the Czech Trade Inspection Authority, and proceed according to the rules stated there (see www.coi.cz ). It is also possible to initiate ADR via the online form at cc781905-5cde-3194-bb3b-136bad5cf58d_ https://webgate.ec.europa.eu/odr/ .
If any provision of the GTC is or becomes invalid, ineffective or apparent, the invalid, ineffective or null and void provisions will be replaced by a provision whose meaning is as close as possible to such a provision. The invalidity, ineffectiveness or voidness of one provision shall not affect the validity and effectiveness of the other provisions.
These GTC are valid from 24. 2. 2O22.