Terms and Conditions – Experiences

TERMS AND CONDITIONS

commercial companies

Bontex2 s.r.o.

IČ: 14285991

with registered office: Pod Turnovskou tratí 182/18,198 00, Prague 9 – Hloubětín

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 363403

represented by Bc. Martin Zima, Executive Director

For an EXPERIENCED RIDE IN A RACIAL CAR ON THE DISTRICT WITH A RACIAL PILOT

1. INTRODUCTORY PROVISIONS

• These Terms and Conditions (hereinafter referred to as “Terms and Conditions” or just “Terms and Conditions”) regulate contractual relations and define the rights and obligations between Bontex2 s.r.o., ID No.: 14285991, with registered office: Pod Turnovskou tratí 182/18, 198 00, Prague 9 – Hloubětín, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 363403, represented by Bc. Martin Zima, the managing director and the customer of the experience ride in the selected car on the circuit in the passenger seat with the racing pilot, or a third person for whose benefit the experience ride is ordered or who will use the experience ride, if they are two different persons.
• In the event that the contracting party is a consumer, the relations not governed by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “CC” or “Civil Code”) and Act No. 634/1992 Coll., on Consumer Protection. If another entity is a party to the contract, relations not governed by these terms and conditions are governed by the CC. Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.

1. DEFINITION OF TERMS

• “Experience” or“service” or“experience ride” means an experience ride in a selected car on the circuit in the passenger seat with a racing driver, providedby Bontex2 s.r.o. IČ: 14285991, with registered office: Pod Turnovskou tratí 182/18, 198 00, Praha 9 – Hloubětín, to the customer or recipient of the service under the terms and conditions set out in the contract and these terms and conditions, as well as all services provided by Bontex s.r.o. in connection with the experience. The experience also includes a briefing by an experienced pilot, a tour of the depot and facilities and a photo with a certificate. Information about the experience rides, including the prices of each experience and the main features of the experiences and cars, are listed for each experience in the catalogue of the provider’s online shop – website legendyuvas.cz.
• The “Provider” of the experience is the company Bontex2 s.r.o., with registered office: Pod Turnovskou tratí 182/18,198 00, Prague 9 – Hloubětín, ID: 14285991, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 363403, represented by Bc. Bontex2 s.r.o., with registered office: Pod Turnovskou tratí 182/18, 198 00, Praha 9 – Hloubětín, email: info@legendyuvas.cz, telephone: +420 602 444 244, website: legendyuvas.cz, contact person. Martin Zima, Managing Director (hereinafter also referred to as “company Bontex2 s.r.o.“). An experience provider is a person who, in entering into and performing a contract, is acting in the course of his trade or other business; he is an entrepreneur who provides an experience directly or through another entrepreneur (hereinafter referred to as “supplier”). The supplier is also defined in these Terms and Conditions as the owner of the car intended for the experience, the racing driver, as well as the entity that grants the provider the authorisation to use the place of performance of the experience (a specific circuit) for the performance of the experience.
• “Customer” is the person who orders or intends to order the experience. A customer may be a consumer, i.e. a person who is not acting in the course of his trade or business when entering into and performing a contract; a natural person who uses the services for a purpose other than the business of those services; a business operator who uses the services for the purpose of his business of those services may also be a customer.
• “Service recipient”or also“customer”is either directly the customer of the service or a third party for whose benefit the contract was concluded (to whom the contract is to be performed) and who has consented to it, or a third party to whom the service recipient has assigned his rights and obligations under the contract. The service recipient can only be a subscriber who is at least 12 years old and at least 150 cm tall.
• “Consumer contract” – a contract where the entrepreneur acts on one side and the consumer on the other side.
• “Gift certificate/voucher” is a voucher that contains a numerical experience code and entitles the customer or service recipient to use the service specified in more detail on the voucher, in the contract (i.e. the order and its confirmation) and on the provider’s website legendyuvas.cz. The gift certificate/voucher then also serves as a ticket to the experience (hereinafter also referred to as “certificate”).
• “Cover Email” is an email sent to the Customer after the order has been confirmed by the Provider and after the price of the Experience has been paid and contains, among other things, information about the payment of the price of the Experience by the Customer and its attachment is a certificate and invoice.
• “Online Shop” means the provider’s website www.legendyuvas.cz , where the customer can order the experience.
• “Place of performance of the experience” is mainly the circuit in Most and Brno (other places by agreement between the customer and the provider). The place of performance of the experience will be agreed between the provider and the customer individually.

III. SUBJECT OF THE CONTRACT

3.1. The subject of the contractual relationship is the obligation of the Provider to provide the experience described in the contract (i.e. the order and its confirmation) and the obligation of the Customer to pay the agreed price for the provision of these services to the Provider and to use the services under the specified conditions, all under the terms and conditions of these OP.

3.2.After payment of the price of the experience by the customer, a gift certificate is delivered to the email address specified by the customer in the order, which entitles its holder to use the ordered experience on the basis of a subsequent reservation of the date and place of performance of the experience.

1. ORDERING, ORDER CONFIRMATION AND CONTRACT CONCLUSION

• The ORDER of the Customer constitutes a proposal for the conclusion of a contract, the subject of which is the provision of the service specified in the order, under the terms and conditions specified therein and in these Terms and Conditions.

The order of the experience can be made through the provider’s online store (by filling in the order form without registration or, if the provider allows its establishment, through a customer account if the customer has previously registered in the online store), in person at the provider’s headquarters at a time agreed with the provider: Bontex2 s.r.o., registered office: Pod Turnovskou tratí 182/18,198 00, Prague 9 – Hloubětín, by phone at +420 602 444 244, or by e-mail: info@legendyuvas.cz.

When placing an order, whether via the order form in the Provider’s online shop or otherwise, the order must contain in particular information on:

• about the customer (personal data/billing data) (name and surname of the customer, residence, email, telephone number),
• the service ordered (the customer selects the experience ride in a specific car, the number of kilometres of the circuit, the number of experiences; when placing an order via the order form in the provider’s online shop, the customer “inserts” the ordered service into the online shopping cart of the online shop),
• the method of payment of the price of the service,
• details of the required place of delivery of the certificate (the Customer’s email according to Article VI of the Terms and Conditions) (hereinafter collectively referred to as “order“).

Before sending the order via the order form in the Provider’s online shop, the Customer is allowed to check and change the data entered in the order. The provider is not responsible for any errors in data transmission. The customer sends the order to the provider by clicking on the “Order” button.

The validity of the order is subject to the completion of all mandatory data specified in Article 4.1 of the OP and in the order form in the case of an order made via the online store and the confirmation of the customer that he/she has read these terms and conditions.

All orders received by the provider are binding. The Customer may cancel an order until the Customer has received notification of the Provider’s acceptance of the order. In such case, the Customer may cancel the order by calling the telephone number or email of the Provider specified in these Terms and Conditions.

Costs incurred by the customer when using remote means of communication in connection with the conclusion of the contract (internet connection costs, telephone call costs) are borne by the customer. These costs do not differ from the basic rate.

• ORDER CONFIRMATION shall be sent by the Provider to the Customer immediately upon receipt of the order to the e-mail address provided by the Customer at the time of ordering, together with a summary of the order (personal data/billing information, service specification, service price, place of delivery of the certificate, payment method, payment details). In the case of an order placed by telephone, e-mail or in person, the current terms and conditions of the Provider, the withdrawal form, the personal data processing policy and the consent to the processing of personal data shall form an attachment to the confirmation e-mail. The Provider reserves the right not to confirm or accept the order and not to conclude the contract, even without giving reasons.
• The CONTRACT IS CONCLUDED at the moment of delivery of the Provider’s binding consent to the Client’s proposal (confirmation of the order by the Provider to the Client) (hereinafter referred to as “contract”); from this moment mutual rights and obligations arise between the Provider and the Client. In the case of a telephone, personal or e-mail order, the contract between the provider and the customer is not concluded until the customer has paid for the service. If the contract is concluded for the benefit of a third party, the third party only becomes entitled to the contract when he consents to it; until the third party consents, the contract has effect only between the parties who concluded it – until then, the party who reserved the performance for the benefit of the third party is entitled to the performance (the same applies if the third party refuses to consent). The consent of the recipient of the services to the contract and these terms and conditions shall be understood in particular as a request to reserve a specific date for the provision of the service. If the recipient redeems the certificate (by entering into the experience), the recipient is deemed to have consented to these terms and conditions and the contract.

In the event that any of the requirements specified in the order cannot be met, the provider will send an amended offer to the customer’s e-mail address. The amended offer shall be deemed to be a new contract proposal and the contract shall be concluded in such a case by the Customer’s confirmation of acceptance of this offer to the Provider at its e-mail address specified in these Terms and Conditions.

Depending on the nature of the order (quantity of services, amount of price), the Provider is always entitled to ask the Customer for additional confirmation of the order (for example, in writing or by telephone).

If there is an obvious technical error on the part of the Provider in the price of the experience in the online shop or during the ordering process, the Provider is not obliged to provide the experience to the Customer at this obviously incorrect price. The Provider shall inform the Customer of the error without undue delay and send the Customer an amended offer to the Customer’s e-mail address. The amended offer shall be deemed to be a new contract proposal and the contract shall be concluded in such case by the confirmation of acceptance by the Customer to the Provider’s e-mail address.

1. INFORMATION ON THE CONTRACT AND TERMS AND CONDITIONS

• These terms and conditions form an integral part of the concluded contract.
• These terms and conditions and the contract are concluded in the Czech language. These terms and conditions are displayed on the website legendyuvas.cz.
• In the case of an order placed via the order form in the Provider’s online shop, the Customer confirms that he/she has read these Terms and Conditions by ticking the “Accepted Terms and Conditions” button in the online shop. In the case of an order made by other means, the Customer confirms that he/she has read these T&C by confirming his/her readership by sending an email to the Provider’s email address info@legendyuvas.cz.

1. TIME OF DELIVERY OF THE CERTIFICATE

• The Service Provider shall deliver the certificate to the Customer or to the third party for whose benefit the contract is concluded, to the email address specified by the Customer in the order as the place of delivery. The place of delivery of the certificate is therefore the email specified by the Customer in his order (in the order form, when ordering by phone, by email or in person).
• The Provider shall send the certificate to the Client within 7 days of payment of the Experience Price, provided that the following conditions are met: (i) confirmation of the order by the Provider (ii) receipt of payment of the Experience Price.
• Along with the certificate, the customer is sent an accompanying email containing further conditions under which the experience will be carried out and an invoice, which is sent only in electronic form for environmental reasons; it can be sent on request.
• In the event that the certificate and the accompanying email are not sent to the Client under the conditions specified herein, the Client shall immediately notify the Provider.
• CANCELLATION OF ORDERED MEAL AND FULFILLMENT OF MEAL

• The gift certificate/voucher can be used to redeem the experience specified on the voucher and accompanying email, or on the website www.legendyuvas.cz.
• The certificate cannot be exchanged for money.
• The certificate contains a unique numerical code necessary to enjoy a specific experience. The recipient of the service is obliged to protect this unique data so that it cannot be misused by a third party. The Provider has no way of verifying that the service (experience) is being used by the authorised person who ordered the certificate or otherwise duly obtained it. If the recipient of the service discloses this unique sensitive data or otherwise makes it available to a third party who makes unauthorised use of it to benefit from the experience, the recipient shall bear the consequences of this, in particular the loss of the ability to use the service himself. The service provider has no way of preventing this.
• The authorisation to use the service may be transferred to a third party, and the person transferring the authorisation is obliged to inform the new beneficiary of the rights and obligations arising from the concluded contract.
• The Experience Provider will fulfil the Experience for the Customer who will take the Experience during the validity period of the Experience, at the agreed location and on the agreed date.
• On the day of the service, the recipient of the service will be presented with documents related to the use of the service for signature. The documents may be sent to the recipient of the service in advance for inspection, but only at the express prior request of the recipient of the service.
• VALIDITY OF THE CERTIFICATE
• The service must be exhausted before the certificate expires. The validity of the certificate is, with exceptions, set at 1 year from the date of issue of the certificate. The date of issuance of the certificate will be indicated on the voucher in the box “Date of issuance of certificate.” The date of issuance of the certificate will coincide with the date on which the certificate was sent to the customer.
• After the expiry of the certificate, the service recipient loses the right to the provision of the service and the service provider’s obligation ceases upon expiry of the certificate. As a result, the service provider is entitled to a contractual penalty in the amount of the paid price of the experience as a penalty for the breach of the customer’s obligation to use the services under the specified conditions in accordance with these terms and conditions.

1. RESERVATION OF DATE AND PLACE OF ENTERTAINMENT

• The reservation of the date and location of the experience must be arranged with the service provider so that the service can be used by the end of the certificate validity period. The provider shall contact the customer by email or by telephone within 7 days of the payment of the experience price by the customer in order to agree with the customer the possible dates and location of the experience so that the date and location of the experience suits the customer’s possibilities as much as possible, but always taking into account the specific experience (choice of racing car), its availability, seasonality and the current workload of the racing driver. After the customer confirms the offered date by phone or email, the service provider sends the recipient an email confirmation of the reservation date and location of the experience, thus making the reservation binding. If no confirmation of the booking is sent to the customer by email, the booking is not booked and the provider is not obliged to perform.
• Experiences held on an exclusive date are held on a predetermined date. The Client will be informed of this fact when purchasing the experience and this information will also be included in the accompanying email attached to the experience certificate and on the certificate (hereinafter also referred to as “exclusive experiences”).
• If the agreed date for booking the experience precedes the expiry of the withdrawal period pursuant to Article 14.2(i) of these T&C, the customer expressly agrees that the experience shall be completed before the expiry of the withdrawal period.

1. STORNO RESERVATION

10.1 Cancellation of the reservation by the recipient of the service:

10.1.1.The recipient of the service is entitled to cancel the service reservation no later than 14 days before the agreed date of service provision and to arrange a new date within the validity period of the certificate by email or telephone. After the new date of the experience has been agreed with the provider, the provider shall send the service recipient a confirmation of the new date of the reservation and the location of the experience by e-mail; Article 9.1 of the OP shall therefore apply mutatis mutandis.

10.1.2.If the recipient of the service breaches his contractual obligation under the previous paragraph and the reservation is cancelled later than within the stated period of 14 days before the agreed date of the service, or if the customer does not appear at all for the service, or if the customer has already cancelled the reservation of the service once and has arranged a new date in accordance with Article 10.1.1 of the OP, the customer is not entitled to a replacement date of the experience or to a refund of the price of the experience. Consequently, the Provider is entitled to a contractual penalty in the amount of the paid price of the experience as a penalty for the breach of the Customer’s obligation to use the services under the specified conditions in accordance with these OP.

10.1.3.Reservations for experiences held on exclusive dates cannot be cancelled by the recipient of the service. The client will be informed of this fact when purchasing the service and this information will also be included in the accompanying email attached to the certificate.

10.2. Cancellation of the reservation by the service provider:

10.2.1.The Provider is entitled to cancel the service reservation no later than 14 days before the agreed date of service provision, by email or telephone. In this case, the customer has the right to arrange a new date of experience within the validity of the certificate. If in this situation it is not possible to book the experience within the validity of the certificate, the next possible date. The customer is not entitled to compensation for damages incurred in connection with the cancellation of the reservation.

10.2.2.Cancellation of a reservation made by the Provider later than within the above mentioned period shall entitle the recipient of the service to the cancellation of the certificate in full and to a refund of the price of the experience. The Customer shall not be entitled to compensation for damages incurred in connection with the cancellation.

10.2.3.The Provider is entitled to cancel the service reservation at any time due to an extraordinary, unforeseeable or unavoidable obstacle arising independently of the Provider’s will, by email or telephone (“force majeure”), which prevents the Provider from fulfilling its obligations under these OP (e.g. earthquake, landslide, volcanic eruption, windstorm, blizzard, downpour, flood, lightning, power failure, epidemic, pandemic, national bankruptcy, civil unrest, strikes, coups, revolutions, declaration of martial law, declaration of state of emergency, other extraordinary measures of public authorities, outbreak of war, etc.). Force Majeure as defined in these T&Cs shall also include adverse weather conditions (rain, storms, strong winds, low outside temperature, hail), impassability of the track (snow, rain, ice, pollution, accidents), unexpected technical faults on the vehicle or vehicle breakdown for experiences whose proper execution or safety is adversely affected by such force majeure. In these cases, the recipient of the service is entitled to arrange a new date for the experience within the validity of the certificate or, if no date is possible within the validity of the certificate, the earliest possible date. In such cases, the customer is not entitled to compensation for damages incurred in connection with the cancellation.

10.2.4.If the Supplier cancels the booking due to the termination or interruption of the service by the Supplier, then the Customer has the right to arrange a new date at another location within the validity of the experience or to change the experience. The Supplier shall notify the Customer of cancellation of the booking for these reasons as soon as it becomes aware of the termination or interruption, by email or telephone. For the avoidance of doubt, in this case the Customer shall not be entitled to compensation.

10.2.5.An experience tour organised on an exclusive date may be cancelled by the Provider (due to force majeure – see Article 10.2.3 of the OP or due to the termination or interruption of the provision of the service by the Supplier – see Article 10.2.4 of the OP) and moved to another date. The Supplier shall notify the Customer of the cancellation of the reservation for these reasons as soon as it becomes aware of the reason, by email or telephone.

1. PRICE AND PAYMENT TERMS

11.1.The price of the services offered is always indicated in the provider’s online shop. The prices of the experience rides are inclusive of any value added tax, all related fees and costs. The prices of the experience remain valid for the period for which they are displayed in the online shop. This provision does not preclude the negotiation of a contract on individually agreed terms.

• The price of the service is always indicated in the order for the service made via the order form in the online shop, in the Provider’s email to the Customer about the order confirmation and on the tax document – invoice, which the Provider issues to the Customer and sends to the Customer’s email address after the payment of the price of the experience to the Provider.
• The client can pay the price of the experience according to the contract in the following ways:

in cash at the provider’s registered office at Bontex2 s.r.o., Pod Turnovskou tratí 182/18, 198 00, Prague 9 – Hloubětín;

by wire transfer to the Provider’s account No. 6730482002/5500, maintained with Raiffeisenbank, a.s. (hereinafter referred to as the “Provider’s account”);

cashless via the GoPay payment system;

cashless by credit card.

• In the case of cash and non-cash payment, the price of the service is due within 7 days of the conclusion of the contract. In the case of non-cash payment, the customer is obliged to pay the price of the service together with the variable symbol of the payment. In the case of non-cash payment, the customer’s obligation to pay the price is fulfilled when the relevant amount is credited to the provider’s account.
• The Provider does not require an advance payment or any other similar payment from the Client. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the price of the experience before sending the certificate.
• The Client acknowledges that the certificate will only be sent to the Client after the Client has paid the price of the experience.
• Payment must be made in Czech crowns. In the case of payment by bank transfer, the customer shall pay all bank charges so that the agreed price for services is credited to the service provider’s account in full.
• Upon payment of the experience price, the provider will send an email to the customer confirming payment of the experience price.
• Any discounts on the price of the experience cannot be combined and/or added with other discounts or promotional offers offered by the Provider, unless otherwise agreed between the Provider and the Client.
• The Provider reserves the right to correct the price of the experience before sending the certificate if it finds that the experience was offered at an incorrect price. In this case, the customer must be informed of the correct price and must agree to the price adjustment. Otherwise, the contract will not be concluded and the order will be cancelled by the provider. The price stated in the order made via the order form takes precedence over the price in the online shop.
• USER ACCOUNT

12.1 If the web interface of the Provider’s online shop allows it, the Customer may access his/her user interface by registering on the website www.legendyuvas.cz. If the web interface of the shop allows it, the Customer may order services from his user interface (hereinafter referred to as “user account”). The Customer may also order services without registration directly from the web interface of the online shop.

12.2 When registering on the website www.legendyuvas.cz and when ordering services, the Customer is obliged to provide correct and truthful information. The Customer is obliged to update the information provided in the user account in the event of any change. The information provided by the Customer in the User Account and when ordering the Services shall be deemed correct by the Provider.

12.3 Access to the user account is secured by a username and password. The Customer is obliged to maintain the confidentiality of the information necessary to access its user account.

12.4 The Customer is not entitled to allow third parties to use the user account.

12.5 The Provider may cancel the user account, in particular if the Customer breaches its obligations under the concluded contract (including the terms and conditions).

12.6 The Customer acknowledges that even if the Provider enables the User Account, the User Account may not be available continuously, especially with regard to the necessary maintenance of the Provider’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

XIII. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

13.1 The recipient of the service is obliged to assess for himself/herself whether he/she is medically and physically fit to safely complete the selected service. Information about any restrictions that may apply to some of the activities offered (e.g. age, health and physical fitness, or the requirement for a medical examination) is set out in the provider’s offer for each such service. The recipient of the service uses the chosen service entirely at his/her own risk.

13.2 The recipient of the service is obliged to obtain all necessary documents required to use the service. A list of any necessary documents is always included in the provider’s offer for each such service. The service provider shall not be liable for any damages resulting from the invalidity or incompleteness of the necessary documents provided by the service recipient.

13.3.The recipient of the service is obliged to arrive at the place of provision of the service at his/her own expense on the agreed date (booked date and time).

13.4 The Service Recipient is obliged to arrive at the place of provision of the Service with the certificate intended for the experience (i.e. marked with a code number identical to the code number of the certificate sent to the Client by email) and hand over the certificate to the Provider (or its representative/subcontractor/responsible person) at the place of provision of the Service. If the Service Recipient fails to present the certificate prior to the provision of the Service, the booking will be deemed to have been late cancelled/not notified by the Service Recipient with the consequences set out in clause 10.1.2 of these Terms and Conditions.

13.5 The client is obliged to ensure the accompaniment and supervision of an adult if the recipient of the service is a person under 15 years of age, or to ensure the consent of a legal representative in the case of participation of a person under 18 years of age and over 15 years of age if he/she is unaccompanied, otherwise the provider is not obliged to perform the experience and is not obliged to refund the price of the experience.

13.6 The Service Provider undertakes, through the Service Provider, to provide a responsible person at the place of service provision who will train the service recipient and acquaint him/her with all the obligations and conditions he/she must follow during the service provision.

13.7 The Service Recipient is liable for damages caused to the Service Provider or its service provider in the course of the experience by reason of a breach of the instructions of the Responsible Person with which the Service Recipient has been made aware prior to the provision of the service or by means of a certificate or documents which the Service Recipient must present to the Service Provider, signed before the start of the experience.

13.8 The Provider shall not be liable for any damage caused by the Customer taking the Experience.

13.9.The service recipient is entitled to arrange for a substitute for himself at any time before the service is provided. This person must then be given a certificate and the substitute must meet the conditions specified in the information for the experience (e.g. age, health, medical certificate) and agree to the rights and obligations arising from the contract concluded by the client with the provider as well as these terms and conditions.

13.10. The Client is obliged to acquaint the recipient of the service with the contract and these OP.

XIV. WITHDRAWAL FROM THE AGREEMENT

14.1. The Provider has the right to withdraw from the contract in the following cases:

• In the event of interruption/cancellation of the provision of services necessary for the performance of the Experience by the Suppliers, the Provider reserves the right to cancel the provision of the Experience at any time. The Provider is obliged to inform the Customer of the cancellation of the experience via the email address provided in the order without delay from the moment the Provider becomes aware of such cancellation/interruption of services by the Suppliers. In this case, the Customer shall be entitled to a refund of the price paid for the experience and the Provider shall reimburse to the Customer, within 14 days of the notice of cancellation, all monies received from the Customer under the contract in the same manner. The Provider shall only refund the funds received by the Customer in another way if the Customer agrees to this and if no additional costs are incurred. The customer is entitled to order another experience instead of a refund. The customer shall pay any difference in the price of the experience. Any overpayment shall be refunded by the provider to the customer.
• In the event of a material breach of the customer’s obligations arising from the concluded contract, the PO and applicable legislation. In this case, the customer is not entitled to a refund of the price paid for the experience. Such a material breach of duty is in particular the case when the customer fails to submit the proper documents required for the performance of the experience, fails to arrive at the place of performance on the booked date, arrives at the place of performance in a state unfit for the performance of the experience, in particular when the customer is under the influence of alcohol, drugs or other addictive or narcotic substances, or when other persons present with the customer are under the influence of alcohol, drugs or other addictive or narcotic substances, the customer uses the certificate or its contents in violation of the contract, a customer under 15 years of age attends without a legal guardian, a customer under 18 years of age and over 15 years of age attends without the written consent of a legal guardian, or in any other case where the OP states that the provider will not refund the price of the experience or any other payment.
• In cases where the customer-consumer has the right to withdraw from the contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the provider is also entitled to withdraw from the contract at any time until the certificate is sent to the customer. In this case, the provider shall refund the price of the experience to the customer without undue delay, in the same way as the price was paid. The Provider will only refund the funds received to the Customer in another way if the Customer agrees to this and if no further costs are incurred.
• Vouchers for experience rides purchased in the period from 1.11.2024 – 31.12.2024 can be cancelled without giving any reason until 15.1.2025. Until this date you will be refunded without cancellation fees.

14.2 The Customer has the right to withdraw from the contract in the following cases:

14. A customer who has concluded a contract outside his/her business activity as a consumer has the right to withdraw from the contract within 14 days from the receipt/delivery of the certificate if the contract was concluded by distance (in particular in an online shop, by e-mail, by telephone), without giving any reason and without any penalty. If the Customer decides to exercise this right, he/she is obliged to notify (send) the Provider of his/her withdrawal from the contract no later than on the 14th day following the delivery of the certificate, e.g. by e-mail to the Provider’s email address info@legendyuvas.cz or by post to the Provider’s address specified in these OP. To withdraw from the Contract, the Consumer is entitled to use the withdrawal form provided by the Provider on the Provider’s website: www.legendyuvas.cz; in this case, the Provider shall confirm receipt of the withdrawal to the Consumer without undue delay. However, the customer, who is a consumer, may not withdraw from contracts in this way in the cases provided for in Section 1837 of the Civil Code, in particular in the case of an already confirmed booking of the service and, if the experience has already been fulfilled, with his prior express consent before the expiry of the withdrawal period. The prior express consent of the customer is considered in particular to be the commencement of the experience and the booking of the date of the experience.
15. In the event of a material breach of contract or OP by the provider. In this case, the customer is entitled to a refund of the price paid for the experience (Article 14.2(i) of the OP applies mutatis mutandis to these cases.

In the event of withdrawal from the contract, the contract shall be cancelled from the outset.

If the customer withdraws from the contract, the provider shall refund all monies received from the customer (the price of the experience) in the same manner without delay, but no later than 14 days after withdrawal. The Provider shall only refund the funds received by the Customer in another way if the Customer agrees to this and if no additional costs are incurred.

If the consumer withdraws from the contract and the provider has started the experience at the express request of the customer before the expiry of the withdrawal period, the customer-consumer shall reimburse the provider for a proportionate part of the price of the experience whose performance has already begun.

1. XV. COMPLAINTS

15.1 The Provider is obliged to provide the recipient of services with the services specified in the certificate in accordance with the concluded contract, the information in the online store, these terms and conditions and generally binding legal regulations.

15.2 If the service provider fails to fulfil its obligations under the contract properly and in a timely manner, the recipient of the service is obliged to complain to the service provider about the defects in the service provided without undue delay after becoming aware of the reason for the complaint, but no later than within 14 calendar days of the provision of the experience, unless otherwise specified. If the service has not been provided at all, the recipient of the service is obliged to complain to the provider about the defects in the service provided without undue delay, but no later than 3 months from the first day on which the service should have been provided (when the service should have started).

15.3.The Customer may file a complaint with the Provider, in particular by e-mail at info@legendyuvas.cz and in writing at the address of the Provider Bontex2 s.r.o., Pod Turnovskou tratí 182/18,198 00, Praha 9 – Hloubětín and is obliged to provide the certificate code number and describe the defects of the service provided.

15.4 The provider is obliged to issue a written confirmation to the customer – consumer about when the consumer exercised the right, what is the content of the complaint and what method of complaint settlement the consumer requires, as well as a confirmation of the date and method of complaint settlement.

15.5 In the case of consumer customers, the Provider shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of experience required for a professional assessment of the defect. The provider shall settle the complaint without undue delay, but no later than 30 days from the date of its proper submission, including the rectification of the defect, unless the provider agrees with the consumer on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the customer shall have the right to withdraw from the contract. The moment when the customer’s expression of intent (exercise of the right of defective performance) to the provider is deemed to be the moment of the claim. The Seller shall inform the Buyer in writing of the outcome of the claim. In the event of rejection of the claim, the provider shall issue a written justification to the customer (whereby written form for the purposes of the claim procedure includes email form).

15.6 If the Provider fails to fulfil its obligation to deliver a certificate to the Client (Service Recipient), the Client (Service Recipient) is obliged to complain about this fact to the Service Provider without undue delay.

15.7 If the customer does not use the experience without the fault of the provider or if the customer does not use it within the validity period, the customer shall not be entitled to a discount on the price of the experience or to withdraw from the contract.

15.8 In the event that the recipient of the services duly submits a legitimate claim, the recipient is entitled to have the defects in the service provided rectified or to a reasonable discount on the price. If the defect cannot be remedied, the customer may withdraw from the contract or claim a reasonable discount on the price of the experience. If the conditions for withdrawal from the contract are met for reasons on the part of the service provider, the recipient of the service is entitled to a refund of the price paid for the service. The customer shall inform the provider of his/her chosen right at the time of notification of the defect or without undue delay after notification of the defect. The customer may not change the choice made without the consent of the provider; this shall not apply if the customer has requested the rectification of a service defect which proves to be irremediable.

15.9 Whoever has a right under § 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the right to reimbursement is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the provider argues that the right to reimbursement was not exercised in time.

15.10. If it is already apparent to the service recipient at the time of claiming or using the service that the services are not being provided properly, the service provider recommends that the service recipient secure evidence of the defective service provision to facilitate any claim or claim for compensation (take photographs, video footage, witness confirmation, etc.) and present it to the service provider when making a claim or making other claims.

15.11. Any recipient or customer of the service who is also a consumer is entitled to turn to the independent consumer dispute resolution centre of the Czech Trade Inspection Authority (see Article 18.1 of the Terms and Conditions) in the event of non-acknowledgement of a complaint or any other dispute with the service provider (i.e. if the recipient of the service believes that the service provider has harmed him/her or failed to meet its obligations).

15.12.Other rights and obligations of the parties related to the Provider’s liability for defects may be regulated by the Provider’s Complaints Regulations.

XVI. PROTECTION OF PERSONAL DATA

16.1. 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) relating to the processing of the Client’s personal data for the purposes of the performance of the Contract, for the purposes of contract negotiations, for the purposes of fulfilling public obligations and for the purposes of sending commercial communications and other marketing activities of the provider, the provider fulfils the specific document “Personal Data Processing Policy”, which can be found on the provider’s website www.legendyuvas.cz.

XVII.  DELIVERY

17.1 The Parties may deliver all written correspondence to each other by electronic mail.

• The Customer shall deliver correspondence to the Provider at the email address specified in these Terms and Conditions info@legendyuvas.cz. The Provider shall deliver correspondence to the Customer at the email address provided in the Customer’s account or order.

XVIII. INFORMATION OBLIGATIONS OF THE PROVIDER AND INTERNAL DISPUTE RESOLUTION

18.1.The company Bontex2 s.r.o. within the meaning of Section 14 of Act No. 634/1992 Coll., on consumer protection, informs the customer – consumer that if there is a dispute between Bontex2 s.r.o. and the customer-consumer arise a consumer dispute arising from the contract, which cannot be resolved by mutual agreement, the customer-consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, email.coi.cz/for-business/information-for-sellers-of-goods-and-services/out-of-court-resolution-of-consumer-disputes-adr/”>adr@coi.cz , website: adr.coi.cz (www.coi.cz).

18.2 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

18.3 The Provider is authorised to provide services on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

18.4 Complaints are handled by the Provider via the electronic address info@legendyuvas.cz. The Provider shall send information on the handling of the Provider’s complaint to the Provider’s electronic address.

XIX. FINAL PROVISIONS

• All arrangements between the Provider and the Customer are governed by the laws of the Czech Republic. If the relationship established by the contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legislation.
• The Provider is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) CC.
• All materials and information in the online shop (in particular the copyrights to the content, including page layout, photos, videos, graphics, trademarks, logos and other content and elements) are the exclusive intellectual property of the provider or third parties. Such materials and information (or portions thereof) may not be copied, modified or otherwise used without the consent of the Provider. The Online Shop may contain links to other third party websites. The Provider is not responsible for the content of other websites or the services offered on them.
• The photographs shown for the experiences on the website are for illustrative purposes only. The photographs may differ from the actual experience for some experiences, but the content of the experience does not.
• All presentation of the experience rides placed in the catalogue of the online shop is of an informative nature and the provider is not obliged to conclude a contract regarding this experience. Section 1732(2) of the Civil Code shall not apply.
• If these T&Cs state that the Provider does not refund the price of the Experience or any other payment, this means that the Provider is entitled to a contractual penalty from the Customer. The contractual penalty is agreed for a breach of an obligation for which the relevant provision of the OP states that the price of the experience or other payment is not refundable. The amount of the contractual penalty is equal to the price of the experience or the amount of other payment that is not refundable. The Provider is entitled to set off the contractual penalty against any monetary payment to the Customer.
• The Provider shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. When using the online shop, the Customer must not use any procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online shop in an unauthorised manner and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.
• If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid/ineffective provision shall be replaced by a provision whose meaning is as close as possible to the invalid/ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
• The customer hereby assumes the risk of a change of circumstances within the meaning of section 1765(2) CC.
• The contract, including the terms and conditions, is archived by the provider in electronic form and is not accessible.
• The Provider may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
• A sample withdrawal form is attached to the Terms and Conditions.
• Seller’s contact details: Bontex2 s.r.o., Pod Turnovskou tratí 182/18, 198 00, Praha 9 – Hloubětín, e-mail address: info@legendyuvas.cz, telephone: +420 602 444 244, web: legendyuvas.cz, contact person: Bc. Martin Zima, Managing Director of Bontex2 s.r.o.

These terms and conditions, including their components, are valid and effective from 1.11.2020 and are available electronically at www.legendyuvas.cz.

Prague, 1.11.2020