of Alcedo Praha z.s.
with registered office at Krymská 238/18, Vršovice, 101 00 Prague 10, identification number: 22770895, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. L 23449, (hereinafter referred to as the „Organiser“).
GENERAL TERMS AND CONDITIONS (T&C) for the organization of tournaments, organized sports competitions, and related accompanying services, which are the subject of the contract pursuant to Article 1.1 of these General Terms and Conditions, purchased via the online shop (in particular the registration form for payment of the entry fee) located at the Internet address https://www.praguerainbow.eu/.
- INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the „Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of a contractual relationship between the Promoter and another natural or legal person (hereinafter referred to as the „Customer“) through the online shop of the Seller. The Online Shop is operated by the Promoter on the website www. praguerainbow.cz (hereinafter referred to as the „Website“), through the interface of the Website (hereinafter referred to as the „Web interface of the Shop“). These General Terms and Conditions are available in English and Czech, the Czech version prevails in case of any dispute or ambiguity.
1.2 The subject of performance is the organization of sports tournaments, exercises, other sports and accompanying cultural and leisure activities within the following events organized by the Organizer:
Prague Rainbow Spring – international sports tournament, which includes several sports activities (especially volleyball, beach volleyball, swimming, football, etc.), related accompanying services, admission fees, or discounts for accompanying cultural and leisure activities ( hereinafter referred to as the „Products“).
1.3 Participant means a person registered by the Customer for the Tournament or an alternate.
1.4 Provisions deviating from the General Terms and Conditions may be agreed upon in an individual purchase contract. Deviating provisions in the contract take precedence over the provisions of the General Terms and Conditions.
1.5 The provisions of the General Terms and Conditions are an integral part of the order and together with the order and the acceptance form the contractual documentation. The order and the general terms and conditions are available in Czech and English, the contract can be concluded in both English and Czech, however, the Czech version of the general terms and conditions shall prevail in case of any dispute or ambiguity.
1.6 The Organiser may change or supplement the wording of the General Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the General Terms and Conditions.
2. USER ACCOUNT
2.1 Based on the Customer’s registration on the website https://www.praguerainbow.eu/, the Customer may access its user interface (hereinafter referred to as the „User Account“). From his/her User Account, the Customer can place orders for the Product (Start-up Fee). If the web interface of the shop allows it, the Customer can also order the product without registration directly from the web interface of the shop.
2.2 When registering on the website https://www.praguerainbow.eu/ and ordering products, the Customer is obliged to provide all the information correctly and truthfully. The Customer is obliged to update the information provided in the user account in case of any change. The information provided by the Customer in the user account and when ordering products is deemed correct by the Promoter.
2.4 The Customer is not entitled to allow third parties to use the User Account.
2.5 The Promoter may cancel the User Account, in particular, if the Customer has not used the User Account for more than 1 year or if the Customer breaches its obligations under the Contract (including the Terms and Conditions).
2.6 The Customer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Organiser’s hardware and software equipment or necessary maintenance of third party hardware and software equipment.
3. CONCLUSION OF THE CONTRACT
3.1 All presentation of the Products (tournament offer) placed on the web interface of the shop is of an informative nature and the Organizer is not obliged to conclude a purchase contract. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the Shop contains information about the Products, including prices and any other costs. The prices are shown including information on the amount of value-added tax and related charges. The prices of the Products remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Promoter’s ability to enter into a contract on individually negotiated terms.
3.3 To order a Product (tournament entry fee), the Customer shall fill in the order form in the web interface of the Shop. The order form contains, in particular, the following information:
the Product to be ordered (this Product is „selected“ by the Customer in the order form, which is an electronic shopping cart, via the web interface of the shop)
if the Customer is a natural person: the Customer’s name and surname, permanent address, contact information (telephone, email)
if the Customer is a legal entity: company name, registered office address, name and surname of the representative, contact information (phone, email)
name and surname of the participant, date of birth, permanent address, in the case of a minor participant also the name and surname of the legal representative(s), contact details of the legal representative
within the product „Prague Rainbow Spring“ the Customer is also obliged to provide additional information about the name and composition of the team. Participation in this tournament requires sports training and very good physical fitness.
3.4 Prior to sending the order to the Organiser, the Customer is allowed to check and change the data entered in the order, including with regard to the Customer’s ability to detect and correct errors made during the data entry into the order.
The Customer sends the order by clicking on the „Send“ or „Submit“ button. The data provided in the order is considered correct by the Organiser.
3.5 Depending on the nature of the order, the Organiser is always entitled to ask the Customer for additional confirmation of the order (e.g. in writing or by telephone). If the Customer’s user account allows it, the registered user has the possibility to check the status of his/her order in the administration section of the website. In the event that the user interface does not allow the Customer to check the status of his/her order, the Customer may check the status of his/her order by sending a query to firstname.lastname@example.org.
3.6 The contractual relationship between the Promoter and the Customer is established by acceptance and payment of the order sent. Order acceptance is sent to the Customer via the web interface of the shop electronically to the Customer’s email address (hereinafter referred to as „email“). It is the Customer’s responsibility to provide a valid email address. In the event of an incorrect email address, the Promoter reserves the right to reject and cancel the order.
3.7 The Promoter prefers to communicate by email. The Customer agrees to the use of remote means of communication when concluding the Purchase Agreement. The costs incurred by the Customer in using remote means of communication in connection with the conclusion of the contract (internet connection costs, telephone charges), as well as the costs of postal correspondence sent to the Promoter, shall be borne by the Customer.
4. PRODUCT PRICE AND PAYMENT TERMS
4.1 The price of the Products and any other costs associated with the delivery of the Products under the Contract shall be paid on the basis of the invoice or payment order issued.
4.2 The invoiced or ordered amount shall be paid by the Customer to the Promoter to account no. 248773226/0300, maintained at ČSOB, a.s. or account IBAN CZ0420100000002001064718, maintained at FIO a.s. or via pay.Trisbee.com/alcedo (hereinafter referred to as the „Promoter’s account“). The Customer chooses the method of transferring the funds to the Promoter’s account (payment by bank transfer, payment by Trisbee.com, payment gateway via eCommerce service of ČSOB, a.s., deposit to the account). Fees incurred by the Customer when paying the invoice to the Promoter’s account are not part of the price and are borne by the Customer.
4.3 The price already includes administrative and registration fees related to the conclusion of the contract and the organization of the Product. Together with the price, the Customer is obliged to pay any additional costs to the Organiser. In case of a request to send documents by post, the fee is set at 80 CZK.
4.4 The invoiced amount is due 10 days after the invoice is sent to the Customer’s email address, with immediate payment due two weeks before the event and closer.
4.5 The Customer’s obligation to pay the price is fulfilled when the relevant amount is credited to the Organiser’s account.
4.6 The Customer is always obliged to provide its identification or variable symbol when paying the invoice. The variable symbol or the requirement for unambiguous identification is generated by the web interface. Without the variable symbol or unambiguous identification, the payment is not paired with the corresponding invoice and the Organiser considers the order unpaid. In this case, the Organiser reserves the right not to provide the ordered service unless otherwise agreed with the Customer.
4.7 Any discounts on the price of the goods provided by the Promoter to the Customer cannot be combined with each other.
4.8 If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Organiser shall issue an invoice to the Customer in respect of payments made under the Contract. The Organiser is not liable for value added tax. The Promoter shall issue an invoice to the Customer after ordering the product and send it in electronic form to the Customer’s electronic address.
4.9 If the Price of the Product is not paid by the Customer on the due date, the Promoter is entitled to withdraw from the contract and transfer the reserved place to other candidates.
4.10. If the Participant terminates his/her participation in the course of the event (Product) at his/her own request, the aliquot part of the Product Price and any other services paid by the Customer or Participant shall not be refunded.
5. WITHDRAWAL FROM THE CONTRACT
5.1 The Customer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, a purchase contract for the supply of a Product that has been adapted to the wishes of the Customer or the Participant, or a contract for accommodation, transport, catering or leisure services, among other things, may not be withdrawn if the entrepreneur provides these services within the specified period.
The Customer further acknowledges that due to the nature of the products provided by the Promoter, this is a contract pursuant to Section 1837 (j) of the Civil Code, where the performance is provided within the specified timeframe and therefore cannot be withdrawn from the contract (the aforementioned also applies to ongoing Products/Events).
5.2 The Organiser is entitled to withdraw from the contract at any time. In this case, the Organiser shall refund the price paid to the Customer without undue delay, without any delay, to the account designated by the Customer. In this case, the Customer is not entitled to further compensation for the costs associated with the termination of the contract. The Organiser shall send the withdrawal from the contract to the Customer’s electronic address.
5.3 If the order for the Product includes the provision of a gift by the Promoter, the Customer acknowledges that the gift contract between the Promoter and the Customer is concluded with a resolutive condition. In the event of withdrawal or cancellation by the Customer, the gift contract shall cease to be valid and the gift shall not be delivered to the Customer.
5.4 Cancellation of the Product is governed by the special conditions set out in paragraph 6 of these General Terms and Conditions.
6. CANCELLATION CONDITIONS
Cancellation conditions are set according to the following criteria:
6.1.The Customer is entitled to cancel his/her order at any time prior to the commencement of the event (Product), however, in such case, the Organizer is entitled to refund the price paid / part of the price of the Product less the cancellation fee (cancellation fee within the meaning of Section 1992 of the Civil Code) in the following amount:
In case of cancellation of the Product ordered by the Customer:
- 15 days or more before the date of the event: the cancellation fee is 50% of the purchase price,
- 14 days or less before the start of the event (Product), the cancellation fee is 100% of the purchase price,
- in the event of illness or injury of the participant (Customer) during the event or his/her early departure, the paid payment or its aliquot part will not be refunded.
6.2 Cancellation must be made in writing, electronically to the email address email@example.com. The decisive date for the registration of the cancellation request for the refund of the amount sent for the subject performance is the date and time (CET = UTC + 1, Central European Time) of receipt of the email to our email address. All requests will be registered exclusively at the email address firstname.lastname@example.org
6.3 The payment less the cancellation fee pursuant to clause 6.1 will be refunded to the Customer within 21 days of receipt of the cancellation request.
6.4 The Customer is entitled to notify the Organiser in writing, but no later than 5 days before the start of the event (product), that another person meeting the conditions for participation in the event (hereinafter referred to as the „substitute“) will participate in the event instead of the registered participant.
7. OTHER ARRANGEMENTS
7.1 The participant or his/her legal representatives declare that the participant’s state of health allows him/her to perform the object of the event (Product) without limitations (physical and mental condition) and does not endanger the health of other participants.
7.2 The organizer is entitled to exclude a participant at any time for the following reasons:
- non-compliance with the organizers‘ safety instructions, bullying, theft, and other offenses that interfere with the proper running of the event
- in case of concealment of the Participant’s adverse health condition and violation of the provisions of 7.1.
- if the participant possesses or uses addictive substances
- as a result of incorrect and incomplete information provided by the Customer.
- In the event that the Participant is excluded for the above reasons, no refund of the Product price or any other services paid by the Customer or the Participant will be made.
7.3 The Customer or the legal representative of the Participant agrees to the processing of personal data (personal data of the Customer and the Participant) and to the possible publication of audio or visual materials for the purpose of registration and promotion within the activities of Alcedo Praha z.s. The handling of personal data is governed by the GDPR, see paragraph 11.3. of these General Terms and Conditions.
7.4 The customer, participant or legal representative of the participant declares that he/she intends to carry out all sports activities within the ordered product at his/her own responsibility and risk and is aware of all risks associated with them.
7.6 The Customer or the legal representative of the Participant is not aware of any illness or other limitation that may adversely affect the Participant’s health while performing the activity during the Event.
7.7 The Customer, the legal representative of the Participant and/or the Participant waives any claim for damages to health or property that may arise as a result of the performance of sporting activities at the Organiser’s events. With this in mind, I (we) have decided to participate in the event and I (we) acknowledge that the activities at the Organiser’s events (products) involve a risk of injury or permanent health consequences.
8. RIGHTS FROM DEFECTIVE PERFORMANCE
8.1 The rights and obligations of the parties regarding rights of defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).
8.2 The moment when the Organiser receives the claim form from the Customer shall be deemed to be the moment of the claim.
8.3 Other rights and obligations of the parties related to the Organiser’s liability for defects may be regulated by the Organiser’s Complaints Regulations.
9. HIGHER POWER
9.1 Force Majeure means extraordinary circumstances preventing or making impossible the performance of obligations under the Contract and arising after the conclusion of the Contract, which could not have been averted by the relevant parties, even if reasonable measures had been taken.
9.2 The Promoter shall not be liable to the Customer for any loss, costs, damages, or expenses (whether arising under these GTC, tort, or otherwise) suffered or incurred by the Customer as a direct or indirect result of an event beyond the Promoter’s control (i.e. caused by Force Majeure). The Promoter shall not be obliged to refund any fees (i.e. deposit or price for the Products) to the Customer.
9.3 An event of force majeure resulting in partial or total failure to provide the Product within the meaning of these GTC shall be deemed to be, in particular, extraordinary circumstances preventing or making impossible the performance of obligations, natural disaster, prolonged power failure, strike, war, epidemic, mobilization, uprising or other unforeseeable and unavoidable events and measures or orders of public authorities. It is assumed that the Promoter could not have prevented such failure to provide the Product.
10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1 The Promoter shall not be bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
10.2 Out-of-court settlement of consumer complaints is provided by the Czech Trade Inspection Authority. More information on out-of-court settlement of consumer disputes can be found on the website www.coi.cz.
10.3 The Organiser is authorized to sell products on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is carried out 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.
10.4 The Customer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
11. PROTECTION OF PERSONAL DATA
11.1 The protection of personal data of the Customer, who is a natural person, is provided by Act No. 110/2019 Coll., on the processing of personal data, as amended.
11.2 The Customer agrees to the processing of the personal data provided by him and the subscriber, such as name and surname, home address, email, telephone number and other relevant communications (hereinafter collectively referred to as „personal data“).
11.4 The Customer confirms that he/she has provided personal data voluntarily and truthfully.
12. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
12.1 The Customer consents to the sending of information related to the Organiser’s products or association to the Customer’s email and further consents to the sending of commercial communications by the Organiser to the Customer’s email.
12.2 The Customer agrees to the storage of cookies on the Customer’s computer.
13. MAIL and EMAIL
13.1 The Customer may receive documents related to the subject matter of the contract and/or marketing offers by email to the Customer or by post to the Customer’s address.
14. FINAL PROVISIONS
14.1 If the relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and the Czech version of the General Terms and Conditions. This is without prejudice to the consumer’s rights under generally binding legislation.
14.2 If any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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.
14.3 The Contract, including the General Terms and Conditions, shall be archived by the Promoter in electronic form.
14.4 Contact details of the Promoter: the email address is email@example.com.
The General Terms and Conditions are valid from May 1, 2021.