The contracting parties agree to the following business terms and conditions regarding provision of services by TRIGGER service s.r.o. These General Terms & Conditions are published on the website www.triggerservice.cz, which allows all parties to store or copy them.
TRIGGER service, s.r.o., in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), hereby issues the following General Terms & Conditions (hereinafter referred to as "Terms & Conditions") which form an integral part of the contract concluded by and between:
TRIGGER service, s.r.o.
with its registered office Kotlářská 989/51a, 602 00 Brno
organization's ID: 276 93 406
bank connection: Československá obchodní banka a.s.
account number: 262700891/0300
registered in the Commercial Register at the Regional Court in Brno, Section C, File 52473
(hereinafter referred to as the "Provider") on the one hand,
(hereinafter referred to as the "Customer") on the other hand,
eventually a third party in whose favor the contract is concluded and which has given its consent
(hereinafter referred to as the "Beneficiary").
The Provider ensures participation in the activities described in the Provider's offer (hereinafter referred to as "service" or "services") for the Client or Beneficiary, respectively, based on the purchase of the service from the Provider. With respect to the law of the Czech Republic, these Terms & Conditions distinguish between a Customer who is a so-called consumer, and a Customer who is not a consumer. A consumer is considered to be a person who, when concluding and fulfilling the contract, does not act within his business activity.
By ordering a Service the Customer confirms that he has become familiar with these Terms & Conditions and agrees with them.
Written, e-mail, or phone order of services is the Customer's proposal to conclude a service contract specified in the order. Acceptance of the order (acceptance of the proposal) by the Provider creates a contract between the Provider and the Customer. If the contract is concluded for the benefit of a third party, i. e. the Beneficiary, the Beneficiary becomes an authorized person from the concluded contract at the moment the Beneficiary agrees to the contract. Until the Beneficiary expresses consent with the contract, only the Provider and the Customer are bound by the contract; until then, the Customer has the right to performance of the concluded contract (the same applies if the Beneficiary refuses to agree to the contract).
The Customer is sufficiently notified of these Terms & Conditions before submitting the order and has the opportunity to become acquainted with them. These Terms & Conditions are an integral part of a concluded contract including the purchase agreement.
The Beneficiary agrees to these Terms & Conditions by showing consent to the concluded service contract. Consent to the concluded service contract and these Terms & Conditions might be expressed both expressly and implicitly (consent to the service contract and these Terms & Conditions is demonstrated by the Beneficiary, for example, by using the issued certificate for the purpose of service).
The subject of the service contract concluded between the Provider and the Customer is the Provider's obligation to ensure the delivery of the ordered services and the Customer's obligation to pay the Provider for the provision of these services in accordance with the Provider's current price list which is available on the Provider's website at www.triggerservice.cz.
Order of services delivered to the Provider by post, by telephone, in person (at Kotlářská 989/51a, 602 00 Brno) or by e-mail represents the Customer's proposal to withdraw services specified in the order, under the terms given therein and in these Terms & Conditions.
The Provider offers the following payment options:
using a payment card over the Internet through a payment gateway,
cash on delivery when picked up from the courier,
using a payment card when taking services personally at the Provider's office,
cash when taking services personally at the Provider's office.
When choosing to pay by a payment card via the Internet, the Buyer will be redirected to a third-party payment server upon completion of the order, to complete the required payment information. Once verified, the order will be confirmed and the amount of the purchase price deducted from the Buyer's account.
Prices of services offered include VAT unless expressly stated that the price does not include VAT.
The Provider is obliged to deliver the gift voucher to the Customer upon payment of the entire ordered service, which entitles to use the ordered service. The gift voucher must contain a unique code and a date the gift voucher is valid through, otherwise the gift voucher is invalid. The validity date of the gift voucher is 1 year from issuing the gift voucher. The date of issue of the gift certificate is the day on which the full price of the ordered service is paid to the Provider. In the event that the Customer is charged with cash on delivery, the date of issue of the gift voucher is the date on which the gift voucher is handed over by the Provider to the Czech Post or to the courier for the purpose of sending it to the Customer (see Article 4, Section 4.3 of these Terms & Conditions).
Together with the gift voucher, these Terms & Conditions and Additional Information about the Adventure will be delivered to the Customer ("Additional Information"). Additional Information will include in particular: detailed information on the course of the ordered service, the number of days, the timing of booking of services, contact details for booking the date of services, restrictions and requirements for the person taking the service, restrictions or necessary prerequisites for taking the service, etc.
The gift voucher, these Terms & Conditions as well as Additional Information may be delivered to the Customer in electronic form (by e-mail) or in printed form by post or may be collected by the Customer personally at the Provider's office. In the order, the Customer is required to indicate the form of delivery of the gift voucher, these Terms & Conditions and Additional Information. In the event that the Customer chooses the form of delivery by post or courier, a service and postage or courier fee will be added to the service price as well as to the purchase price of the Universal Certificate.
In case of loss, theft or destruction of a valid printed gift voucher, the Customer (or the Beneficiary, respectively) is obliged to report this in writing to the Provider without undue delay. The Provider is not responsible for the use of a gift voucher by an unauthorized person unless its loss or theft has been reported in writing under the preceding sentence. The Customer (or the Beneficiary, respectively) has the right to get a copy of a valid gift voucher, the loss, theft or destruction of which has been duly and in good time reported in writing to the Provider as described above in this paragraph. The issue of a copy of a gift voucher is charged at CZK 100 (in words: one hundred Czech crowns).
The Provider's obligation to deliver a gift certificate, these Terms & Conditions and Additional Information to the Customer is met by delivering them to the place of delivery. The place of delivery is the place specified by the Customer in the order. A gift voucher, these Terms & Conditions and Additional Information are considered delivered to the Customer when received by the Customer or any other authorized person staying at the time of delivery at the place of delivery. The Provider is not responsible for accepting the shipment containing the gift certificate, these Terms & Conditions or Additional Information at the point of delivery by an unauthorized person. The Customer is obliged to acknowledge the acceptance of the gift voucher, these Terms & Conditions and Additional Information from the carrier or the Provider upon personal collection with his/her signature.
The validity of the gift voucher is 1 year from the date of its issue. The Provider may extend the validity of the gift voucher upon written request of the Customer (or the Beneficiary, respectively) delivered to the Provider before the last validity day of the gift voucher. The extension of validity of the certificate by 6 months is charged with CZK 500 (in words: five hundred Czech crowns). The validity of the gift voucher can no longer be extended after its expiration. After expiration, the gift voucher is void; in this case, neither the Customer nor the Beneficiary is entitled to a refund of the amount paid (or any part thereof) or to the issue of a replacement gift voucher.
The gift voucher is for single use only and becomes invalid when the service is used.
The gift voucher is freely transferable to another person. The gift voucher is freely transferable to another person until the time of booking the service which is performed on the name of a particular person (i. e. the Customer or the Beneficiary), and the person transferring the gift voucher is obliged to inform the particular person properly about all the rights and obligations arising from the contract that was concluded with the Provider.
The service will be provided to the person specified when booking the service; later change of the person is possible based on a written request sent to the Provider at least 2 days before the day the service is to be provided. The Provider reserves the right to refuse to change the person the service should be provided to if it is requested after booking the date of service.
The content of the gift voucher and additional information corresponds to the situation known at the time of issue of these documents. The Provider reserves the right to make changes to both documents if necessary. The Provider also commits to notify the Customer or the Beneficiary about the changes without undue delay.
The Provider is obliged to deliver the gift voucher, these Terms & Conditions and Additional Information to the Customer upon payment of the ordered service. The Provider commits to mediate or provide the ordered services in the agreed range and quality.
Ordered services will be provided to the person specified when booking the date of services based on the submission of a valid certificate. No person has the right to receive the service without a valid certificate.
The person the service should be provided to is required to familiarize herself/himself with the content of the gift certificate, these Terms & Conditions and Additional Information. This person is required to assess herself/himself whether she/he is physically fit to safely undertake the selected service. Information on any limitations that may apply to some of the services offered (e. g. age, health status and physical fitness) are given in the Additional Information. All services are attended exclusively at a person's own risk.
The person to be provided with the service is required to obtain all the necessary documents so that the service could be provided. The list of necessary documents will be communicated by the Provider no later than when booking the date of service. The Provider shall not be liable for any possible damages resulting from the invalidity or incompleteness of the necessary documents.
The person to be provided with the service is required to arrive at the place where the service is to be provided on the agreed date.
The person who receives the service is liable for any damages she/he may incur during the service due to not observing the instructions with which she/he got properly acquainted prior to the service.
The Customer or the Beneficiary is obliged to make a reservation of the date and place of service in advance so that the Provider is able to provide the service (hereinafter referred to as "reservation"). The Reservation must be made at least 2 days before the day of service, unless otherwise stated in the Additional Information. The Reservation is binding, unless otherwise specified in these Terms & Conditions.
Both the Customer and the Beneficiary have the right to cancel the reservation date free of charge at least one working day before the booked date of the service and to arrange an alternative term within the validity of the gift voucher. The Provider commits to allow arrangement of an alternative term if it is within the Provider's options.
If the person the service should be provided to is not present on the agreed date at the place of the service, the service is considered to be duly provided and its price is in full for the Provider if it is not the case covered by the following paragraph.
If the reservation date is changed at the request of the Customer or the Beneficiary within a period of less than 1 working day before the booked date of the service or the person to be provided with the service does not arrive on the agreed date at the place of provision of the service, as a result of an unfavorable health condition, traffic accident of force majeure, the Customer or the Beneficiary is obliged to negotiate a substitute term with the Provider without undue delay and at the same time is obliged to document in writing to the Provider no later than within two working days from the original date of the service what the unfavorable health condition, traffic accident or force majeure lies in. If the Customer or Beneficiary fails to provide the Provider with the facts mentioned in the preceding sentence as stated herein or if there is no agreement between the parties to the contract in the cases described in this paragraph to change the reservation date, the Provider is entitled to withdraw from the concluded contract; in the event of such withdrawal, the entire paid price of the service remains to the Provider.
The Provider has the right to cancel the reservation within a period longer than 1 working day, including that day, before the booked day of service. The Provider commits to arrange an alternative term, according to the requirements of the person the service should be provided to, without undue delay after cancellation of the reservation. This person commits to enable arranging a alternative date.
If the Provider cancels the reservation within a period of less than 1 working day before the booked date of the service or if the Provider is unable to execute the order in full, the Provider commits to arrange an alternative term according to the requirements of the person the service should be provided to, and to provide the service in the alternative term free of charge, i. e. without a claim for payment for the service, and the Provider is obliged to return the already paid service price to the Customer in this case.
If the Provider cancels a reservation within a period of less than 1 working day before the booked date of the service or if the Provider is unable to execute the order in full as a result of an unfavorable health condition, traffic accident of force majeure the Provider commits to negotiate an alternative term without undue delay after cancellation of the reservation and at the same time is obliged to document in writing to the person the service should be provided to, no later than within two working days from the original date of the service, what the unfavorable health condition, traffic accident or force majeure lies in. If the Provider does not submit the facts mentioned in the preceding sentence as stated herein, the Customer or the Beneficiary is entitled to withdraw from the concluded contract and in case of such withdrawal, the Provider is obliged to return the already paid price of the services to the Client.
If the person the service should be provided to is under the age of 15, she/he is obliged to ensure the accompaniment by a person over the age of 18 who is her/his legal guardian. If the person the service should be provided to is under the age of 18 but older than 15 years, she/he is required to ensure the consent of her/his legal guardian. In both of the above cases, the Customer must be supervised by the Provider's instructor. Otherwise, the Provider has no obligation to provide the service.
The Provider is entitled to withdraw from the concluded contract in the cases specified in these Terms & Conditions. The Provider is entitled to withdraw from the concluded contract in the event of a substantial breach of the contract by the Customer (or the Beneficiary, respectively). In the cases of a substantial violation of the concluded contract by the Customer (or the Beneficiary, respectively), all realized payments remain to the Provider.
The Customer (or the Beneficiary, respectively) has the right to withdraw from the concluded contract in the following cases:
1. in the event of a substantial breach of the contract by the Provider;
2. in cases specified in these Terms & Conditions;
3. The Customer who is a consumer has the right to withdraw from the contract within 14 days of receipt of the performance pursuant to Section 53 (7) of Act No. 40/1964 Coll., The Civil Code, as long as the contract was concluded by means of distance communication (internet, e-mail, telephone), without giving any reason and without any sanction. If the Customer chooses to exercise this right, the withdrawal must be delivered to the Provider no later than the 14th day after the receipt of the certificate. Except for cases where withdrawal from the contract is explicitly agreed, a Customer, who is a consumer, may not, in accordance with the above mentioned statutory provision, withdraw from contracts (i) for services if, with the prior consent of the Customer, the service(s) had commenced before the expiry of the 14-day period following receipt of the certificate, (ii) for the supply of goods or services the price of which depends on financial market displacements, irrespective of the will of the Provider, (iii) the supply of goods modified according to the wishes of the Customer, who is a consumer, or for her/him, as well as goods that are perishable, might become worn out or obsolete, (iv) for the supply of audio and video recordings and computer programs, if the Customer, who is a consumer, broke the original packaging, (v) for the delivery of newspapers, periodicals and magazines, (vi) involving a game or a lottery.
Withdrawal from the contract by either of the parties shall be made in writing and shall be delivered to the other contracting parties no later than seven (7) days from the event that is the reason for the withdrawal.
With the withdrawal of any contracting party from the concluded contract in accordance with the contract, these Terms & Conditions and the relevant generally binding legal regulations, the contract shall terminate without any further effect between all the parties to the contract.
If the Provider fails to fulfill the obligations arising from the concluded contract properly and in a timely manner, the Customer (or the Beneficiary, respectively) may exercise her/his right to claim the service at the Provider. A complaint must be announced to the Provider in writing (by e-mail or post) without undue delay, but no later than within 3 months from the date of service, or, if the service has not been provided, from the date on which the service was to be provided.
The Provider commits to decide on the received complaint within 7 business days. This period does not include the period of time appropriate to the type of service required for professional judgment of the defect. The complaint will be processed without undue delay, no later than 30 days after the receipt of the complaint. This period can be extended only with the consent of the Customer (or the Beneficiary, respectively). Upon expiry of this period, both the Customer and the Beneficiary have the right to withdraw from the concluded contract or a discount on the service price.
The Provider shall issue a written acknowledgment to the claimant of when the complaint has been made, what its content is and the requested way of handling the complaint. Furthermore, the Provider shall issue a confirmation of the date and the way of handling the complaint to such a person and, in case of any refusal of the complaint, the Provider shall provide a written justification for this refusal.
The Provider is obliged to handle the personal data of the Customer as well as the Beneficiary within the meaning of the relevant provisions of Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain acts, as amended. All personal data are used exclusively for purposes of the provision or mediation of services by the Provider or issuing a gift voucher and are not provided to third parties.
The Provider is entitled to provide the stated information to the law enforcement authorities or the relevant administrative authority in case of reasonable suspicion that the way of using the provided services could fulfill the facts of a criminal offense, minor offense or other administrative offense.
Both the Customer and the Beneficiary expressly agree to receiving business communications pursuant to Act No. 480/2004 Coll., on certain information society services and on the amendment to certain acts (act on certain information society services), as amended, from the Provider to their electronic mail.
Both the Customer and the Beneficiary are required to promptly notify the Provider of any changes to their identification, billing and contact information that may affect the provision of the service.
The rights and obligations of the parties not expressly provided for in the contract and in these Terms & Conditions are governed by the Civil Code.
The parties to the concluded contract have agreed that any disputes that may arise from the concluded contract or in connection with the concluded contract shall, with the exclusion of the jurisdiction of the general courts, be finally settled in arbitration proceedings before the Arbitration Court at the Chamber of Commerce of the Czech Republic and the Agrarian Chamber Of the Czech Republic in Prague, according to its Rules of Procedure, by three arbitrators appointed under these Rules. The Contracting Parties commit to fulfill all obligations imposed on them in the arbitration award within the time limits specified therein.
These Terms & Conditions become effective on January 1st, 2016.