TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1. General business conditions of the company Aleš Nejedlo, IČ: 64751708 with its registered office at Máchova 316, 252 25 Jinočany, registered in the Trade Register of the Municipal Office Černošice, sp. brand: 1033/2021 / Tr (hereinafter referred to as "business conditions") in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") the rights and obligations of the contracting parties arising in connection with or on the basis of a service contract (hereinafter referred to as the "contract") concluded between the provider and another natural person (hereinafter referred to as the "customer").
1.2. The provider is entitled to provide services on the basis of a trade license.
1.3. Service means a cruise or rental of the President's yacht premises (hereinafter referred to as the "Service")
1.4. Provisions deviating from the business conditions can be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.
1.5. The provisions of the terms and conditions are an integral part of the contract. The contract and business conditions are drawn up in the Czech language.
1.6. The wording of the business conditions may be changed or supplemented by the provider. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.CONCLUSION OF THE CONTRACT
2.1. All presentation of services placed on the website is of an informative nature and the provider is not obliged to enter into a contract for these services.
2.2. The website contains information about the services provided, including the prices of individual services provided. The prices of the provided services are stated including value added tax and all related fees. The prices of the provided services remain valid as long as they are displayed on the website. This provision does not limit the provider's ability to enter into a contract under individually agreed conditions.
2.3. To order the service, the customer sends the order by e-mail. The order must contain:
- information about ordered services,
- information on the date of provision of the ordered services, including the time,
- contact details of the customer, (hereinafter collectively referred to as "order")
2.4. The provider considers the information provided in the order to be correct.
2.5. Depending on the nature of the order, the Provider is always entitled to request the customer to supplement the order (for example, in writing or by telephone).
2.6. The contractual relationship between the provider and the customer arises from the order confirmation (acceptance), which is sent by the provider to the customer by e-mail, to the customer's e-mail address
3. PRICE OF THE SERVICE AND PAYMENT TERMS
3.1. The customer can pay the price of the service according to the contract to the provider in agreement in the following ways:
- cashless bank transfer
- cash by deposit into the account
- payment on the spot by credit card
- cash on the spot
3.2. The Provider is entitled to demand payment of the full price of the service before providing the service to the customer.
3.3. The customer will receive an invoice in electronic form for the agreed services to the customer's electronic address or a tax document upon payment on the spot. Based on the sent invoice or tax document, the customer pays for the service. The provider is a payer of value added tax.
4. WITHDRAWAL FROM THE CONTRACT AND TERMINATION
4.1. The customer acknowledges that according to the provisions of § 1837 letter j) of the Civil Code, it is not possible to withdraw from the contract, the subject of which is the provision of meals or the use of free time, if the provider provides these services within the specified period.
4.2. The Provider is entitled to terminate the contract if conditions arise that do not allow the service to be provided (especially due to adverse weather conditions, floods, low water levels, water freezes, restrictions or bans issued by the Shipping Authority, technical defects, etc.). Only the provider is entitled to decide on the fulfillment of conditions that do not allow the provision of the service.
4.3. In the event of termination by the provider, the provider has the following obligations towards the customer:
- in the event of withdrawal from the contract before the start of performance, he is obliged to return 100% of the paid price of the service to the customer in full. In the case of an agreement with the customer, it is possible to arrange an alternative service date
- in case of withdrawal from the contract during the service (due to a technical defect or other reason not allowing the cruise) to continue, the provider is obliged to provide the customer with an alternative date of service or by mutual agreement to make financial compensation.
- in case of cancellation of an individual voyage within the framework of discounted packages or within the framework of otherwise discounted services, these conditions are stated in the contract
4.4. The customer is entitled to terminate the contract for any reason or without giving a reason. In this case:
- if the termination occurs more than 7 days before the agreed date of the service, the provider is obliged to return 100% of the paid price of the service to the customer
- if the notice occurs more than 72 hours before the agreed date of service, the provider is obliged to return 50% of the paid price of the service to the customer
- if the termination takes place less than 72 hours before the agreed date of the service, the provider is entitled to 100% of the paid price of the service
5.RIGHTS FROM DEFECTIVE PERFORMANCE
5.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).
5.2. The customer can specifically claim the rights from liability for defects only by e-mail at firstname.lastname@example.org.
5.3. Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect is to be alleged, the court will not grant the right if the provider objects that the right to compensation was not exercised in time.
6.OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
6.1. The Provider is not bound by any codes of conduct in relation to the customer in the sense of the provisions of § 1826 par. e) of the Civil Code.
6.2. According to the Navigation Decree 334/2015 Coll. the maximum capacity of the yacht is 10 passengers and 2 crew members.
6.3. The provider is liable for damages caused by the operation of the yacht to the health and property of a third party.
6.4. Children under the age of 15 may only board if accompanied by an adult who bears full responsibility for them throughout their presence on board.
6.5. Children under the age of 10 may only move on the outdoor decks with the mandatory life jacket.
6.6. The customer and his entourage are always obliged to follow the instructions of the captain or another crew member.
6.7. The customer is liable for damage to the vessel or the provider's property, which he causes by his own use.
6.8. A dog or other animal is allowed on board only after prior agreement with the provider.
6.9. Boarding the boat is allowed only in sports or walking shoes without a heel!
6.10 It is not allowed to bring your own refreshments on board. Unless the parties agree otherwise.
6.11. Persons under the influence of alcohol and persons having the effect of drugs will not be allowed on board!
6.12. Smoking is strictly forbidden inside the ship. Smoking is only allowed in the designated area!
6.13. The ship's crew has the right to terminate the voyage in case of inappropriate behavior of any of the customers (aggression, alcohol, drugs, disobedience to the instructions of the crew member, etc.) without compensation!
6.14. The customer sends complaints to the provider via the email address email@example.com. The provider will send information on the settlement of the customer's complaint to the customer's e-mail address.
6.15. The out-of-court settlement of consumer complaints is provided by the provider via the electronic address firstname.lastname@example.org. The provider will send information on the settlement of the customer's complaint to the customer's e-mail address.
6.16. The customer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
7. PROTECTION OF PERSONAL DATA
7.1. The protection of personal data of a customer who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
8. STORING COOKIES
8.1. The customer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the provider's obligations under the contract without storing so-called cookies on the customer's computer, the customer may revoke the consent under the previous sentence at any time.
9.1. It can be delivered to the customer's e-mail address.
10. FINAL PROVISIONS
10.1. If the relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.