These are the General Terms and Conditions of K+K Ski School, spol. s r.o., registered office at Černohorská 323, Janské Lázně, 54225, identification number: 27509575, registered in the Commercial Register administered by the Municipal Court in Hradec Králové, under File Number C 23244 (“K+K”) for the provision of services in the field of sports and other activities defined below (hereinafter the “GTC”).
1. Introductory Provisions
- These GTC regulate the mutual rights and duties between K+K and the person interested in instruction or participation in the activities defined below (“Participant”), related to their participation in the specific activities or with the activity contract concluded between the Participant and K+K.
- For the purpose of these GTC, an activity is considered to be any sports activity, instruction, course, team building activity, or other activity intended for the Participant’s leisure time, offered or organised by K+K (“Activity”).
- The provisions of these GTC are an integral part of each contract concluded between the Participant and K+K, based on which K+K undertakes to provide a service concerning the activity or arrange participation in the selected activity for the Participant – (“Activity Contract”). K+K will not accept any order for an activity in which the Participant directly or indirectly rules out the wording of these GTC. These GTC are part of all Activity Contracts, regardless of the method of conclusion (in writing, verbally, by means of the Website, e-mail), if the Participant is informed of this when concluding the Activity Contract (reference in the text of the contract, on the receipt issued for payment of activities, by posting in a visible place at the K+K business premises, etc.).
- The rights and obligations related to the Activity Contract are determined mainly by these GTC. Rights and duties may be arranged in deviation from these GTC only if this is explicitly stated in the Activity Contract. Contradictory provisions in the Activity Contract have priority over the GTC provisions.
- K+K may arbitrarily amend or supplement the wording of these GTC; this does not affect the rights and duties established during the validity of the previous wording of the GTC.
- The legal relationship between K+K and the Participant is governed by Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code“).
- By registration, reservation/purchase of a specific activity by means of the www.ski-school.cz web interface (“Website”), signing an Activity Contract and/or the payment for a selected activity at a K+K branch, the Participant confirms that they have been acquainted with these GTC, an integral component of which is acknowledgement of these GTC in the wording valid and effective at the time of registration before the conclusion of the contract.
- By concluding the Activity Contract, the Participant confirms that they are sufficiently aware of their health condition and that this health condition does not prevent them from participating in the selected activity, not even to a certain extent.
2. Notification before the Contract Conclusion
K+K informs that:
- The provider of activities is K+K Ski School, spol. s r.o., registered office at Černohorská 323, Janské Lázně 542 24, Identification Number: 27509575, and the contact information is email@example.com, phone: 00420 731 655 430; K+K does not charge any fees for the contract conclusion over the Website; however, the Participant may be required to pay fees (e.g. costs for internet connections, costs for phone calls) to their internet or phone service provider;
- The prices for activities are specified on the Website, including VAT and all fees stipulated by the law;
- If the Activity Contract is concluded by means of the Website and e-mail and if the Participant is a consumer, they are entitled to withdraw from the Activity Contract within 14 days after the contract conclusion, under the condition that the date of the activity was not reserved or that participation in the activity has not commenced. If a specific date is reserved, or the activity has commenced, the Participant is no longer entitled to withdraw from the contract with regard to the fact that this concerns a contract for use of the Participant’s leisure time, a service provided on the specified date (see Section 1837 of the Civil Code).
- The Participant may submit any complaints to firstname.lastname@example.org or contact members of the relevant Trade Licencing Office or Business Inspection.
- K+K is not bound by any code of behaviour within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code, in relation to Participants.
3. Contract Conclusion
- The Activity Contract is concluded between K+K and the Participant either in writing or verbally at K+K branches, or electronically by means of the Website, where the Participant fills in an order form concerning the specific activity (for the Participant or a third party as a gift voucher). These GTC are also part of every Activity Contract concluded.
- The Participant concludes the Activity Contract by means of K+K’s Website, by selecting the required activity on the Website, providing all the required information, confirming that these GTC are binding and sending the order by means of the website interface. The Participant acknowledges that they become required to pay the price for the activity by sending the order form and that the participation in the activity is only possible after the full payment of its price. The order is binding for the Participant after delivery of a confirmation (acceptance notice) by K+K. K+K considers the information provided in the order form to be correct.
- Any Activity Contract, which is not concluded at a K+K branch, is concluded at the moment K+K accepts the order and confirms its acceptance to the Participant (by e-mail). K+K is entitled to refuse an order if there is no capacity/vacancy or for other serious reasons. If the price of the activity is paid in the interim, K+K is required to refund all the funds received to the Participant, within 7 days after the refusal of the order.
- The offer of activities published on the K+K Website or in other K+K promotional materials is not a binding proposal for the conclusion of a contract; only the duly completed order by the Participant is such a binding proposal.
- K+K determines the site of the activity, unless the site is specified previously in the offer of the specific activity or if the Participant is given a choice of sites.
- The activity duration is arranged between the Parties by phone or e-mail after the payment of the full price for the activity by the Participant. In the case of gift vouchers, the time of the activity may only be reserved by the expiry date on the voucher, in other cases within 6 months from the Activity Contract conclusion. If the Participant fails to reserve a time within this time limit, it follows that the Participant waives the right to the activity without any claim for compensation.
- The activities do not include any transportation of the Participants to the site of the activities or their accommodation throughout the duration of the activities by K+K. However, the Participant has the option of ordering and paying for currently offered accommodation through K+K; however, such accommodation is not provided by K+K and the money received from the Participant will be handed over by K+K to the accommodation facility owner together with the accommodation reservation for the Participant. K+K is entitled to retain a manipulation fee for arranging the accommodation from the payment for accommodation it receives from the Participant. K+K is not liable for the quality or other aspects of the accommodation and the Participant is required to resolve any complaints, defects, and claims concerning the accommodation with the accommodation facility owner.
4. Price and Payment Terms
- Activities are provided for a fee, which the user is required to pay in advance. The Participant chooses the form of payment when ordering the activity or on the basis of an agreement with K+K. Gift vouchers become valid only after the full payment of the price.
- The prices for the activities provided are set according to the K+K pricelist published on the K+K Website. All prices are provided incl. VAT. The prices for the activities arranged in the Activity Contract are always binding for the Participant. K+K is entitled to update its price list at any time; however, such updates do not apply to any previously concluded contracts.
- The base price for activities does not include the price for the delivery of gift vouchers. In this context, the Participant also pays the relevant fixed postage fee depending on the selected method of the voucher delivery. The Participant is informed of the amount of this fee when filling in the order form.
5. Gift Vouchers
- Gift vouchers issued by K+K entitle the person specified on them to take part in an activity if all the terms stipulated for the activity are met. The gift voucher specifies the person’s identity according to the order placed by the Participant. K+K is entitled to request additional identification data if this is necessary for the participation in the activity. Unless explicitly stated otherwise, vouchers are not transferrable to another person and cannot be used by an anonymous holder.
- Gift vouchers are valid until the specified date. Gift voucher holders are entitled to participate in the activities specified on the voucher until the specified date. If a voucher holder fails to participate in the activity before the voucher expiration date, they are deemed to waive the right to the activity without any claim for compensation. The paid price covers all the costs K+K incurs concerning the issue of the voucher, operation of the customer centre, communication with independent providers, etc.
- Damaged vouchers are invalid and cannot be used to participate in an activity. In the event of major damage (any damage to visible or invisible security elements of the voucher or code, over 10% of the surface area of the voucher missing) replacement is not possible and the Participant loses the right to participate in the activity. K+K is not liable for any loss, destruction, or theft of the voucher. However, the Participant is required to inform K+K of such circumstances immediately.
6. General Rules for Organisation of Activities
- K+K may change the site of the activity or other terms of the organisation of the activity (under the condition that the activity’s key parameters are preserved). It is required to inform the Participant of such changes without any unnecessary delay, by sending an e-mail message or in another appropriate manner.
- K+K may cancel the activity and, if possible, offer the Participants a new date for the activity for serious reasons only (particularly due to inappropriate weather conditions, or other force majeure circumstances, such as the risk of infection or the declaration of protective or restrictive measures preventing the gathering of people, flood or inundation, fire or its consequences, strike, reasonably unforeseeable technical failure, etc.). It is required to inform the Participant of this change without undue delay, by sending an e-mail message or by phone. If the Participant is unable to participate in the activity on any of the proposed replacement dates, or the date of the activity cannot be moved due to its character, the Participant is entitled to a refund of the price paid for the activity (or price of the unused part, if the activity is cancelled after it commenced). K+K is not liable for damages or additional costs, which the Participant incurs as a result of this procedure.
- Furthermore, if this concerns an activity, which can only be technically provided as a whole and cannot be divided into multiple time periods (i.e. a plane flight), the participation in the activity in the scope of at least 60% of its assumed duration is considered to mean that the activity was provided or executed in full.
- In the event of illness or other absence of the instructor for the activity, K+K may replace the instructor with another instructor with the same or similar qualifications.
- If the Participant fails to participate in the reserved activity, the Participant is not entitled to participate in the activity on a substitute date or to a refund of the price for the activity (or its proportion), nor to any other compensation. The price paid covers all costs incurred by K+K concerning the planning of the Participant’s participation in the activity and other related costs.
7. The Participant is entitled to cancel their participation in the reserved activity under the following conditions:
- – if the activity is cancelled at least 3 weekdays days before the arranged date of the specific activity (on a relevant day by 5 p.m.), a new date can be arranged (reserved) for the activity free of charge.
- – after the cancellation time limit specified above, cancellation with a free substitute date is not possible and, if the Participant fails to participate in the activity, Article 6.5 above applies.
- – regardless of these time limits, participation in the activity may be cancelled if the Participant is seriously ill or injured, preventing their participation in the activity, if this is demonstrated by the original copy of a medical certificate. In such cases the Participant is entitled to a free replacement date for the activity, if this ill health demonstrably continues or will continue for over 3 months, the Participant is entitled to a 100% refund of the activity price.
- The provisions of the previous paragraph do not apply to activities only realised on previously exactly determined dates. Neither the time nor the date of these activities can be changed and the cancellation of this activity is consequently not possible. If the Participant fails to take part in such an activity, Article 6.5 above applies.
- Cancellation of the activity by the Participant does not mean the Participant’s withdrawal from the Activity Contract. Cancellation terms for individual activities may be determined separately. In such cases, these have priority over the cancellation terms according to these GTC.
- Before commencing the activity, K+K may request the verification of the identity of the person who arrived to participate in the activity. Some activities cannot be provided without identity verification, which the Participant acknowledges and undertakes to notify to the persons, whose identity is stated in the order. The person’s identity is proven by presenting a valid citizen’s identification card, driver’s licence, or passport. If the duty to identify is not fulfilled, the activity will not be provided and the Participant is not entitled to any compensation.
- The Participant, or the specified voucher holder, participate in all activities exclusively at their own risk. The Participant must assess whether they are healthy and fit enough to safely participate in the selected activity. Information about potential restrictions applicable to some of the offered activities (i.e. age, health and physical fitness, possibly the requirement of a medical examination), are included in the information, which is part of the description of each activity or will be provided to the Participants verbally before the specific activity commences.
- If the Participant finds that their health condition does not permit them to continue participating in the activity or if continuing the activity could endanger their health, they are required to notify K+K of this immediately and terminate their participation in the specific activity instantly.
- The Participant is obliged to obey the instructions of K+K or its instructors and other persons providing services to participants on the K+K side during the course of the activity. Otherwise, K+K is entitled to exclude the Participant from participating in the activity without the Participant’s right to any compensation.
- K+K will refuse to allow the Participant to participate in the activity in the event that the Participant or other persons present with them are under the influence of alcohol or drugs immediately before the activity commences. In this case, the Participant is not entitled to any compensation.
- Persons under 18 years of age may only participate in the activities organized by K+K with the explicit consent of their parents or legal guardians. In justified cases, particularly in relation to persons under 15 years of age, accompaniment and supervision by an adult approved by the legal guardian must also be arranged at the Participant’s expense.
- The Participant acknowledges that K+K may produce photos or videos of the activities organized by K+K. The Participant also acknowledges and agrees that such photos or videos including the Participants of individual activities may be published on K+K’s Website or in other K+K’s promotional materials.
8. Liability for Damage
- K+K is liable to Participants for any damage to health or property if such damage is caused by the representatives of K+K intentionally or as a result of negligence, and in relation to the K+K’s activities.
- K+K is not liable for any damage to health or property which the Participant causes intentionally, as a result of negligence, carelessness or overestimating their physical fitness.
- K+K is not liable for any damage to health or property incurred by the Participant as a result of failure to adhere to the proper procedure or instructions of K+K or its instructors.
- The Participant is liable for any damage caused to K+K or any third party in relation to their participation in the activity.
9. Contract Withdrawal
- In the event of a serious breach of the Participant’s duties set out in these GTC or the Activity Contract (particularly the duties set out in Article 6.12 or 6.13), K+K is entitled to withdraw from the Activity Contract effective immediately. In such cases, the Participant is required to pay K+K a contractual fine in an amount corresponding to the price of the unused part of the activity. The right to a contractual fine according to the previous sentence can be set off against the Participant’s potential claim for a refund of the price for the unused part of the activity. This provision concerning the contractual fine has no effect on any claim by K+K for compensation of damage caused by the Participant.
- The Participant is entitled to withdraw from the Activity Contract in the event of a serious breach of the duties of K+K arising from these GTC or from the concluded Activity Contract. Events of the serious breach of duties include the cancellation of an activity on the arranged date for reasons other than the serious reasons set out in Article 6.2, without a new date being set within a reasonable new time limit (at least 14 days). In such cases the Participant is entitled to a refund of the price paid for the activity in question, or the price for the unused part of the activity if the withdrawal takes place after the activity commences.
- If the Activity Contract is concluded remotely by means of the Website and e-mail and if the Participant is a consumer, they are entitled to withdraw from the Activity Contract, without giving a reason, within 14 days of the date of the contract conclusion, under the condition that the activity date has not yet been reserved and the participation in the activity has not yet commenced. If a specific date has been reserved, or the activity has commenced, the Participant is not entitled to withdraw from the contract, with regard to the fact that this concerns a contract for use of the Participant’s leisure time on the specified date (see Section 1837 of Act No. 89/2012 Coll.)
- If the Participant is entitled to withdraw from the Activity Contract without giving a reason, before the reservation of the date of the activity, the Participant will be refunded the activity price.
- Withdrawal from the contract is effective from the moment the notice of withdrawal is delivered to the other Party.
10. Personal Data Protection and Marketing Communication
- The Participant’s personal data is protected by Act No. 101/2000 Coll. on protection of personal data, as amended.
- K+K processes personal data to the extent of the name and surname, residential address, e-mail address and phone number, and the date of birth (“Personal Data“).
- As well as K+K, the Personal Data is also processed by Chillidata, s.r.o., which operates the online MATES information system, also intended for ski schools, equipment hire services, and execution of other activities defined herein.
- K+K or the processor are entitled to process Personal Data, even without the Participant’s express consent, for the purpose of exercising the rights and duties based on the Activity Contract, maintaining an account for a registered Participant and in other cases determined in Section 5 (2) and (9) of the Act on Personal Data Protection. K+K is also entitled to use the Participant’s e-mail address to send marketing communication offering its products or services, provided that the Participant is entitled to refuse their consent to such use of their e-mail at any time. K+K is also entitled to use the Participant’s name and surname and address for the distribution of written offers of products or services, until the Participant explicitly expresses their disagreement with receiving such communication in writing.
- By expressing consent with these GTC, the Participant explicitly agrees to have their Personal Data processed by K+K in excess of their duties stipulated by the law, for the purpose of advertising and marketing, keeping a database of members and their licenses and the goods and services purchased from K+K, market surveys and sending information and marketing communication to Participants. K+K is also entitled to offer the products and services of third parties – business partners of K+K and share selected Personal Data with its business partners who cooperate on the Ykarty project.
- The Participant acknowledges that it is required to give their Personal Data correctly and truthfully and that it is required to inform K+K of any subsequent changes in the Personal Data without undue delay.
- K+K may authorise a third party other than the aforementioned Chillidata, s.r.o. to process the Participants’ Personal Data as the processor. With the exception of the purposes mentioned in these GTC, the Personal Data will not be shared with any third parties without the Participant’s prior consent.
- The Personal Data will be retained for a period of 20 years after the consent to these GTC is expressed. The Personal Data will be processed in an electronic form (using automated systems) or in a printed form (using non-automated systems).
- The Participant confirms that the Personal Data provided is correct and accurate and that they were informed that this concerns the voluntary Personal Data provision.
- In the event that the Participant believes that K+K is processing their Personal Data in conflict with the protection of the Participant’s private and personal life, or in conflict with the law, particularly if the Personal Data is inaccurate with regard to the purpose for which it is being processed, they may:
- request an explanation from K+K;
- request that K+K remedy this situation by blocking, making corrections to, supplementing or disposing of the Personal Data. If the Participant’s request is considered legitimate, K+K will immediately remedy the situation in question, according to the previous sentence. The Participant is also entitled to contact the Office for Personal Data Protection.
- If the Participant requests information about the processing of their Personal Data, K+K is required to provide this information. K+K is entitled to claim an appropriate payment, not exceeding the essential costs for the provision of information, according to the previous sentence.
- The Participant is entitled to withdraw their consent to the processing of their Personal Data in accordance with these GTC at any time, by an explicit and comprehensible statement of will (i.e. in writing, by fax, or e-mail).
11. Final Provisions
- Unless agreed otherwise, all correspondence between the Participant and K+K must be delivered to the other Party by e-mail, or in writing by an operator of postal services (chosen by the sender). Participants receive correspondence to their e-mail address or correspondence address given in their user account.
- All texts, illustrations, and photographs contained in K+K materials and on the K+K Website are subject to copyright and may not be copied or otherwise used without the express written consent of K+K. Photographs used in information materials (on the Internet, in presentations, etc.) for individual activities serve for information and orientation purposes only; the devices, equipment, aids, people, and surroundings may differ. If the same technical items function necessary for or related to the activity provision is assured, the activity provision with or in an item or items different to that portrayed on the Website is not considered deficient performance.
- The Participant is not entitled to assign any rights or receivables, arising on the basis of or in relation to the Activity Contract, to any third party.
- If any of the provisions of the GTC is or becomes invalid, ineffective or null, it will be replaced with a provision the purpose of which is closest to the invalid, ineffective or null provision. The invalidity, ineffectiveness, or nullity of one provision does not affect the validity and effectiveness of the remaining provisions.
These GTC are valid from 1 June 2016.