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Terms and conditions

I. GENERAL PROVISIONS

  1. AQUAVIA Praha Ltd. company, ID 250 844 70, VAT number CZ25084470, with registered office at Rybalkova 1147/10 Prague 2, ZIP code 120 00, registered in the commercial register maintained by the Municipal Court in Prague, section C, entry 48068 (hereinafter referred to as "service provider" or "provider") is a legal entity that acts within the scope of its business or other business activity when concluding and fulfilling the contract.
  2. These terms and conditions (hereinafter referred to as the "terms and conditions") regulate the mutual rights and obligations of the service provider and the customer, or the third party to whom the services are provided or for whose benefit they are ordered (hereinafter referred to as the "third party").
  3. The services are offered by the provider through the provider's online store, which is operated at the internet address prahalode.cz. The provider's terms and conditions are available at the same address - these form an integral part of the contract concluded between the customer and the provider.
  4. All contractual relationships between the service provider and the customer, or between the service provider and a third party, are governed by generally binding legal regulations, in particular Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code"), and these commercial If the contracting party is a consumer, contractual relations are also governed by Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as "Protection").

II. EXPRESSIONS USED

  1. The customer is a person who places an order for services offered by the provider through the provider's online store.
  2. The consumer is the customer or a third person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with the service provider or otherwise deals with him.
  3. The recipient is (i) the customer directly or (ii) a third party - i.e. the person in whose favor the contract was concluded and who expressed his consent or to whom the rights and obligations from the contract concluded between the customer and the provider were transferred by the recipient in accordance with these business terms terms and conditions - which is entitled, on the basis of the voucher, to draw the performance specified therein from the provider.
  4. Voucher means a gift certificate that entitles the recipient to receive payment from the provider. Fulfillment is the services listed in the binding confirmation of the order by the provider.
  5. Consent to these terms and conditions means consent expressed as part of an order placed through the provider's online store. If a third party makes a claim for performance, it is valid that they have expressed their agreement with the terms and conditions.
  6. The provider's office is the office operated by the service provider at Na Františku wharf, berth no. 14, Prague 1.

III. A CONCLUSION OF THE CONTRACT

  1. The provider's online store contains an overview of the services offered by the provider, including the prices of individual services. The prices of the offered service are listed including value added tax. The offer of services, including their prices, is valid for the period of publication in the provider's online store. This offer by the provider is non-binding and the provider is not obliged to enter into a purchase contract, service contract or any other contract regarding the offered performance.
  2. To order services, the customer fills out the order form in the provider's online store. The order form contains, in particular, information about the ordered performance (e.g. type of voucher, type of cruise, number of recipients, etc.), method of payment of the purchase price, information about the required method of delivery of the voucher and associated costs, and delivery information (identification and contact details of the customer).
  3. Before sending the order to the provider, the customer is allowed to check and change the data he entered in the order, also taking into account the possibility of the customer to find out and correct errors that occurred when entering data into the order. The order is sent after clicking on the button "Confirm and send the order". The data given in the order are considered by the provider to be correct and true. Immediately after the order is received by the customer, the provider will confirm its receipt by e-mail, to the e-mail address specified by the customer in the order (hereinafter only "customer's email").
  4. The provider is entitled, depending on the nature of the order (scope of services, amount of the purchase price, estimated transport costs), to ask the customer for additional confirmation of the order (for example, in writing or by telephone).
  5. The contract is concluded in the Czech language. The conclusion of the contract means the moment of delivery of the binding confirmation of the order by the service provider; the customer's order made through the provider's online store is only a proposal for concluding a contract. By sending the order, the customer confirms that he has familiarized himself with these terms and conditions, understood their content and unconditionally agrees with them.
  6. Rights and obligations from the contract arise between the customer and the provider at the moment of concluding the contract, i.e. upon delivery of the binding confirmation of the order. If the contract is concluded for the benefit of a third party, this third party becomes entitled the moment he expresses his consent to be bound by the contract (including these terms and conditions) - until this moment, only the customer is entitled to accept performance from the provider. The same applies if the third party has withheld consent.
  7. The content of the contract includes, in particular, the following rights and obligations of the customer and/or recipient and provider:
    • The recipient is entitled to demand from the provider the performance indicated on the voucher and in the binding confirmation of the order by the provider. The customer is obliged to pay the purchase price in accordance with the contract. The recipient is obliged to appear at his own expense on the agreed date at the place of provision of the service and hand over the voucher to the provider. The customer is obliged to ensure the accompaniment and supervision of an adult in the case of recipients under the age of 15. In the case of persons under the age of 18, the consent of the legal representative is required, if he is not present during the provision of services according to the contract.
    • The provider is entitled to require the customer to pay the entire amount of the purchase price in accordance with the contract - the provider is not obliged to start performance until the full payment of the purchase price has been made. The provider is obliged to provide the recipient with the voucher in a proper and timely manner after the recipient has made a reservation according to Article VI. business conditions.
    • Other rights and obligations of the contracting parties result from these terms and conditions, unless expressly stated otherwise in the contract.
  8. The customer acknowledges that the provider is not obliged to conclude a contract, especially with persons who have previously materially violated another contract concluded with the provider (including terms and conditions).
  9. The customer agrees to the use of means of remote communication when concluding the contract. Costs incurred by the customer or a third party as a result of the use of these funds in connection with the conclusion of the contract (e.g. internet connection costs, telephone call costs) are covered by the customer or a third party from their own account. The customer is not responsible for any errors during data transmission.

IV. PURCHASE PRICE, METHOD OF PAYMENT OF PURCHASE PRICE

  1. The prices of the offered performance listed in the provider's online store are listed including value added tax in the amount valid and effective on the day the offer is displayed (hereinafter referred to as the "purchase price").
  2. Together with the purchase price, the customer is obliged to pay the costs associated with the packaging and delivery of the voucher to the provider in the amount agreed by the contracting parties. Unless expressly stated otherwise, the purchase price is understood to be the purchase price of the performance listed in the provider's online store on the day the order is sent by the customer, including all possible shipping and packaging costs.
  3. The customer can pay the purchase price to the provider in one of the following ways:
    • in cash - upon personal collection at the provider's office, or
    • cashless via payment card (hereinafter referred to as "online payment").
  4. In the case of payment in cash, the purchase price is due before the receipt of the voucher. In the case of online payment, the purchase price is payable immediately, while the customer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the provider's account.
  5. Regarding payments made on the basis of this Article IV, the provider will issue a tax document - an invoice - to the customer. The provider is a VAT payer. Tax document – the invoice is issued by the provider to the customer after payment of the purchase price and sent in electronic form to the customer's email address or handed over to the customer when collecting the voucher in person.

V. ARRIAGE AND DELIVERY OF VOUCHER

  1. The method of delivery is determined by the provider, unless otherwise agreed in the contract. In the event that the mode of transport is contracted based on the customer's request, the customer bears the risk and any additional costs associated with this mode of transport.
  2. In accordance with the contract, the voucher can be delivered to the place specified by the customer in the order, or it will be prepared for the customer to pick up in person at the provider's office.

Personal collection

  1. In the event that the customer has chosen personal collection at the provider's office as the method of delivery, the provider will send a request for collection to the customer's email. In such a case, the customer is obliged to collect the voucher no later than 7 calendar days from the date of sending the electronic invitation. If the voucher is not collected after 2 unsuccessful calls, but no later than within 2 calendar months from the date of sending the first call for collection, the provider is entitled to withdraw from the contract.
  2. In the case of personal collection and simultaneous payment of the purchase price in cash at the provider's office, the purchase price must first be paid in full. After that, the customer will be issued a tax document, on the basis of which the customer will be entitled to collect the voucher from the provider, if this was agreed in the contract.
  3. In the event that the customer entrusts the collection to a third party, this third party is obliged to provide the provider with an original power of attorney signed by the customer, or this person is obliged to inform the provider of the order code and prove his authority to take over the voucher by other credible means.

Delivery to the place specified by the customer

  1. If, according to the contract, the provider is obliged to deliver the voucher to the place specified by the customer in the order, the customer is obliged to accept the voucher upon delivery. If the customer or another person staying at the place of delivery does not accept the voucher upon delivery, the provider is entitled to withdraw from the contract.
  2. If, for reasons on the part of the customer, it is necessary to deliver the voucher repeatedly or in a different way than was specified in the order, the customer is obliged to pay the costs associated with repeated delivery, or costs associated with another delivery method.
  3. When taking over the goods from the transporter, the customer is obliged to check the integrity of the voucher packaging and, in the event of any defects, notify the transporter immediately, no later than 2 days after delivery of the voucher, and at the same time make a note of the damage. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the customer does not have to accept the shipment from the carrier. By signing the acceptance, the customer confirms that the shipment met all conditions and requirements and that any later claim regarding damage to the package of the shipment cannot be taken into account.

VI. FILLING

  1. In order to receive the performance, the customer or recipient is obliged to make a reservation for a specific date in which the performance will be provided. He is obliged to make this reservation at least 24 hours in advance, but always in a reasonable time before the voucher expires.
  2. Reservations can be made by phone at +420 602 323 988 or by email at info@prahalode.cz.
  3. The provider is not obliged to provide performance to the recipient in the event that the reservation was not made in accordance with paragraphs 1 and 2 of this article, with which the customer understands.
  4. The validity of the voucher is 8 months from the date of its acceptance by the customer or another person authorized to do so. Within this period, the recipient is obliged not only to make the reservation, but also to exhaust the performance. If this period expires in vain, the provider's obligation to provide performance according to the contract ceases.
  5. The voucher only entitles the recipient to use the performance stated on it; each voucher has its own unique code and can only be used once. The voucher cannot be exchanged for money or another voucher. Money for an unused voucher is non-refundable.
  6. The recipient is entitled to cancel his reservation no later than four (4) working days before the agreed date for the provision of the service and subsequently arrange a new date for the provision of the service, if the validity of the voucher has not expired.
  7. If the reservation is canceled by the recipient, in violation of paragraph 6 of this article, later than four (4) working days in advance, or if the recipient does not make use of the service on the agreed date, the right to provide service on an alternative date expires, unless the recipient pays the contractual penalty in an amount corresponding to the costs incurred by the provider, but no more than the amount of the purchase price of the performance in question.
  8. The provider is entitled to cancel the reservation within the same period and under the same conditions as the recipient according to paragraph 6 of this article. If the reservation is canceled by the provider later than this period, the recipient is entitled to compensation for damages incurred in direct connection with the cancellation of the reservation. However, if the reservation was canceled by the provider due to force majeure, the beneficiary is not entitled to compensation.
  9. The provider is not responsible for damage incurred by the customer or the recipient in connection with the breach of obligations of the customer or recipient according to Article VI of the terms and conditions.

VII. COMPLAINTS, WITHDRAWAL FROM THE CONTRACT

  1. The provider is obliged to provide or ensure the provision of performance to the recipient in accordance with the concluded contract, these general terms and conditions and generally binding legal regulations.
  2. The provider is not responsible for voucher defects that were caused by transport provided by the customer or unprofessional handling.
  3. If the provider does not fulfill its obligation under the contract properly and on time, the recipient is obliged to complain to the provider about defects in the performance provided without undue delay, but no later than 14 days after the performance has been provided. If the performance was not provided at all, the recipient is obliged to make a claim no later than 14 days from the day on which the performance should have been provided.
  4. Complaints must be submitted in writing, either to the address of the provider's office or to the email address info@prahalode.cz (same address for booking appointments and complaints). In the complaint, it is always necessary to specify the voucher and the performance to which it entitles, the identification data of the customer and the recipient (if they differ from the customer) and also the defects of the performance provided. If the complaint does not contain all the details, the provider will without delay invite the recipient to complete it within an additional reasonable period; if the recipient does not complete the complaint within this period, the complaint will be rejected.
  5. The provider will handle the complaint without undue delay, no later than 30 days from the date of its proper application or addition according to the previous paragraph.
  6. If the complaint is rejected, the provider will issue a written record of this to the recipient with reasons, either to the recipient's address of residence or registered office stated in the complaint or to his email address. If the complaint is found to be justified, the recipient has the right to eliminate performance defects and, if this is not possible, the right to a) a reasonable discount from the purchase price, b) compensation or c) withdrawal from the contract. If the conditions for withdrawal are given for reasons exclusively on the part of the provider, the recipient has the right to return the paid purchase price.
  7. Rejected claims may be charged for claims processing costs and handling fees.
  8. The customer or recipient has the right to withdraw from the contract in cases of gross breach of the provider's obligations.
  9. The consumer acknowledges that according to the provisions of § 1837 letter d) and e) ObčZ cannot, among other things, withdraw from a contract for the supply of goods modified according to the wishes of the consumer or for his person, as well as goods that are subject to rapid deterioration. In accordance with § 1837 letter j) ObčZ cannot further withdraw from the contract in cases of contracts for accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period.
  10. If, with the prior express consent of the consumer, the contract for the provision of services is fulfilled before the expiry of the withdrawal period, the consumer does not have the right to withdraw from such contract.
  11. If it is not the cases mentioned in paragraphs 9 and 10 of this article or another case where it is not possible to withdraw from the contract in the sense of § 1837 of the Civil Code, the consumer has the right to withdraw from the contract without giving a reason in accordance with the provisions of § 1829 of the Civil Code, namely within fourteen (14) days from the date of conclusion of the contract - i.e. from the date of delivery of the binding order confirmation to the customer.
  12. Withdrawal from the contract must be demonstrably sent within the deadline according to paragraph 11 of this article, to the address of the provider's office or to the provider's e-mail address: info@prahalode.cz
  13. A model withdrawal form forms an attachment to these terms and conditions.
  14. In case of withdrawal from the contract, the contract is canceled from the beginning. The voucher will be invalidated by the provider, so there is no need to return it to the provider. The provider shall return to the consumer without undue delay, at the latest within fourteen (14) days of withdrawal from the contract, all funds, including the costs of delivery of the voucher, received from him in the same manner.
  15. 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 fulfillment of the concluded contract in the amount of 30% of the purchase price.

VIII. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES

  1. The protection of personal data of the customer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended.
  2. The customer agrees to the processing of his personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as "personal data").
  3. The customer agrees to the processing of personal data by the provider, for the purposes of realizing the rights and obligations from the concluded contract, for the purposes of internal analyzes and analyses, and also for the purposes of sending information and business communications from the provider.
  4. The customer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the provider without undue delay of a change in his personal data.
  5. The provider may entrust a third party as a processor with the processing of the customer's personal data. Apart from the persons transporting the vouchers, personal data will not be passed on by the provider to third parties without the prior consent of the customer.
  6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
  7. The customer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data. The customer declares that he has been informed that he can revoke his consent to the processing of personal data in relation to the provider at any time by written notice delivered to the address of the provider's office.
  8. In the event that the customer believes that the provider or processor is processing his personal data, which is in conflict with the protection of the private and personal life of the customer or in violation of the law, he can ask the provider or processor for an explanation or demand that the provider or processor removed the resulting state. The customer is also entitled to request correction of his personal data.
  9. If the customer requests information about the processing of his personal data, the provider is obliged to provide him with this information. The provider has the right to demand reasonable compensation not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
  10. The customer agrees to send information related to performance, goods, services or the provider's plant to the customer's email and further agrees to send the provider's business communications to the customer's email.
  11. The customer's personal data are adequately protected against misuse and are not shared with other entities except the processor.
  12. All information and materials on the provider's website are the exclusive intellectual property of the provider or persons cooperating with him. This information and materials may not be used in any way without the consent of the provider.

IX. OUT OF JUDICIAL RESOLUTION OF CONSUMER DISPUTES

  1. Pursuant to § 14 Protection, the consumer has the right to an out-of-court settlement of a consumer dispute arising in connection with the contract concluded with the provider.
  2. The consumer submits a proposal for initiation of proceedings according to this article to the Czech Trade Inspection. There is no charge for this proposal. You can find details about the conditions of an out-of-court settlement on the website of the Czech Trade Inspection (https://adr.coi.cz/cs/info).

X. FINAL PROVISIONS

  1. If the relationship established in connection with an order from the provider's online store or the legal relationship established by the contract contains an international element, then the contracting parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
  2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid or ineffective provision will be replaced by a provision whose meaning comes as close as possible to the original invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity or effectiveness of the other provisions.
  3. Changes and additions to the contract can only be made in writing with the consent of both contracting parties.
  4. In the event of a conflict between the contract and these terms and conditions, the contractual provision takes precedence.
  5. The photos in the provider's online store are, with the exception of the depiction of the form of the vouchers in the order form, only illustrative. forms, illustrative only.
  6. The provider has the right to unilaterally change and supplement the wording of these general terms and conditions, while the rights and obligations of the contracting parties are always governed by the general terms and conditions valid and effective at the time of the formation of the contractual relationship or other legal action.
  7. These general terms and conditions are valid and effective starting from 8/20/2018.