General Business Terms and Complaints
1. Interpretative rules
For the purposes of these general terms and conditions, LaScalaEVENT.COM has the following meanings:
1.1. Business Terms means the General Business Terms and the LaScalaEVENT.COM Complaint Rules issued in accordance with Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended;
1.2. The operator is Vladimír Michálek registered in the Trade Register under the identification number (IČ) 04231058 with registered office at Trávníčkova 1772/21, 1500 00 Praha 13, which provides services on the basis of the ordering of the Services on the website LaScalaEVENT.COM;
1.3. A contract means (i) a Service provision contract concluded between the Operator and the Client that the Operator provides to the Service Provider; (ii) a mediated contract concluded between the Operator and the Client, which the Operator ensures for the Client to provide the Service by third parties; (iii) a Works Agreement in the case of ordered Custom Services and for which the Customer undertakes to pay the Prize.
1.4. "Customer" means a person who has entered into a Contract with the Operator;
1.5. The Parties are understood by the Client and the Operator;
1.6. Service means the organization or mediation of cultural and social events described in the Operator's offer on the LaScalaEVENT.COM website or negotiated individually between the Client and the Operator;
1.7. The price is understood to be the remuneration agreed in the Agreement;
1.8. Voucher means the authorization to use the Service at the agreed date.
2. Introductory provisions
2.1. These Business Terms and Conditions govern the mutual rights and obligations of the Operator and the Client arising in connection with or under the Agreement concluded between the Operator and the Client through the interface of the LaScalaEVENT.COM website.
2.2. The Terms of Business Terms and Conditions are an integral part of the Agreement.
2.3. The Operator may unilaterally modify or supplement the Terms of Business Terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
3. Service Order - Contract Conclusion
3.1. The LaScalaEVENT.COM web interface contains information about the Services offered. Product prices remain valid for as long as they are displayed in the LaScalaEVENT.COM web interface. This provision does not limit the Operator's ability to conclude the Contract on individually negotiated terms.
3.2. To order the Service, the Customer will fill out the order form in the LaScalaEVENT.COM web interface.
3.3. Prior to sending an order to the Operator, the Customer is allowed to check and modify the data entered by the Customer in the order, also with respect to the Customer's ability to detect and correct the errors occurring when entering the data into the order. The order is sent by the Client to the Operator by clicking the "Order" button. The data stated in the order is considered by the Operator to be correct and binding.
3.4. By ordering the Service, the Customer confirms that he has become familiar with the Terms and Conditions and agrees with them.
3.5. The Operator is always entitled, depending on the nature of the order, to ask the Customer for additional confirmation of the order (for example, in writing or by telephone).
3.6. The contractual relationship between the Operator and the Client arises on delivery of the acceptance of an order sent by the Operator to the Client by e-mail, to the e-mail address of the Client.
3.7. The Customer agrees to use remote means of communication when concluding the Agreement. Costs incurred by the Client in connection with the use of distance communication means in connection with the conclusion of the Contract (costs of Internet connection, cost of telephone calls) shall be borne by the Client himself, which does not differ from the basic rate.
4. Service and Payment Terms
4.1. The Service Price may be paid by the Client to the Operator in the following ways:
The Service Price may be paid by the Client to the Client in the following ways
a) non-cash transfer to Operator's account No. 7730490007/0300, registered with ČSOB, a.s. (hereinafter referred to as the "Operator's Account"),
b) by cashless payment card via secured internet payment gateway ČSOB.
4.2. The price of the Services included in the LaScalaEVENT.COM offer includes VAT.
4.3. The Customer is required to pay the Service Fee together with the variable payment symbol. The Buyer's obligation to pay the Prize is met when the respective amount is credited to the Operator's account.
5. Service or Voucher
5.1. The Operator is obliged to deliver to the Client a Service or Voucher, which entitles the Service to be used, upon payment of the entire ordered Service by the Client.
5.2. The Provider's obligation to deliver to the Customer the Service shall cease to exist upon delivery of the Service to the Customer.
5.3. The Provider's obligation to deliver the Voucher to the Customer is fulfilled by delivering it to the Customer's e-mail.
5.4. The voucher is one-time and becomes invalid after the use of the Services.
5.5. The voucher is transferable to another person except for a person-specific service. The person-to-person service will be provided to the person listed in the order form; later change of this person is possible based on a written request sent to the Operator at the email address, at least 7 days before the day when the Service is to be provided. The Operator reserves the right to refuse to change the person to whom the Service is to be provided.
5.6. The content of the voucher corresponds to the situation known at the time of publication of this document. The Operator reserves the right to make changes to these documents if necessary. The operator also undertakes to notify the Client without undue delay. In the event that the changes have a fundamental effect on the ordered Service, its Price or drawdown, the Customer has the right to choose from the Operator's offer a different Service in the Operator's offer corresponding to the original Price of the Purchased Service or has the right to withdraw from the concluded Contract. The request to change the Service or to withdraw from the Contract under the preceding sentence must be sent to the Operator in writing. This provision, paragraph 5.6 of these Business Terms and Conditions shall only apply unless otherwise stated in other provisions of these Terms and Conditions.
6. Provision of Services or Voucher
6.1. The Operator is obliged to deliver the Voucher to the Client upon payment of the ordered Services. The Operator undertakes to mediate or provide the ordered Services in the agreed range and quality upon payment of the ordered Services.
6.2. Ordered Voucher Services will be provided to a person upon submission of a valid Voucher. Without a valid Voucher, no person has the right to provide the Service.
6.3. The person to be provided with the Service is required to become acquainted with the content of the Service or the Voucher and these Terms and Conditions. This person is required to judge for himself whether he / she is mentally and physically fit to safely handle the selected Service. The service is provided at your own risk to the person to be provided with the Service. In the case of services of a sporting and / or physically demanding nature, the Client is advised to arrange for injury insurance.
6.4. The person to be provided with the Service is required to obtain all the necessary documents for the Operator.
6.5. The person to be provided with the Service is obliged to come to the place of provision of the Service on the agreed date.
6.6. The person who draws the Service is liable for any damages that may be caused to him / her in the use of the Service in the event of non-observance of the instructions he / she was properly aware of prior to the use of the Service.
6.7. If the person to be provided is not present at the agreed date on the place of provision of the Service, the Service is considered to be properly provided and the Operator is entitled to the full amount of the Prize.
6.8. If the person to be provided the Service is under 15 years of age, he / she has the obligation to accompany a person over the age of 18. If the person to be provided is less than 18 years old but older than 15 years, he / she has the obligation to secure the consent of his / her legal representative. Otherwise, the Operator is not required to provide the Service; in such cases, the arrangement referred to in Article 6, paragraph 6.7 of these Terms and Conditions shall apply.
7. Liability for Damage
7.1. The Operator is not responsible for fulfilling the obligations of a third party on the basis of a mediated contract or is not liable for any damages incurred by the Client on the basis or in connection with the mediated contract. The Operator mediates for third parties and the conclusion of mediated contracts with individual Buyers.
7.2. The operator is not liable for the damage caused by force majeure.
7.3. The Operator shall not be liable for damage to the Client's health caused by his / her own fault (intent, negligence) in the provision of the Service and / or in the Service of a sporting or physically demanding nature in accordance with paragraph 6.3 of these Terms and Conditions.
7.4. If the Buyer intends to use the payment system ČSOB (Internet Payment Gateway) operated by Československá obchodní banka, a. s., to pay the Voucher Price, the buyer is obliged to become acquainted with the relevant business terms and conditions governing its use prior to its use. The ČSOB payment system is operated exclusively by Československá obchodní banka a.s., therefore the Operator does not bear any liability for any damage caused to the Client by the use of this payment system.
8. Complaints Procedure
8.1. If the Operator fails to fulfil the obligations arising from the concluded Contract properly and in due time, the Client may exercise his right to claim the Service at the Operator.
8.2. Complaints must be made to the Operator in writing (by e-mail or mail) without undue delay, but no later than within 2 months from the date of the provision of the Service or, if the Service has not been provided, from the date the service should be provided.
8.3. The operator undertakes to decide on the received complaint within 7 business days. This period does not include a reasonable time depending on the type of service required to expertly assess the defect. The claim will be processed without undue delay, no later than 30 days after the receipt of the complaint. This period may be extended only with the consent of the Customer. Upon expiry of this period, the Customer has the right to withdraw from the Contract or a discount on the Service Price.
8.4. In the event of a positive claim, the Operator offers the Customer (i) a different Service in the value of the Services claimed, (ii) a discount on the Purchased Service Price, (ii) the return of the Service Price, in this binding order.
8.5. The Operator shall issue to the claimant a written confirmation as to when the claim was made, what is its content and how it is requested. Further, the Operator shall issue such a person with a confirmation of the date and manner of handling the complaint and, in case of rejection of the complaint, the Operator shall provide a written justification for this refusal.
9. Withdrawal from the Agreement
9.1. The Operator is entitled to withdraw from the Contract (i) in the cases specified in these Terms and Conditions; (ii) in the event of a material breach by the Customer of the Agreement. A substantial breach of the Contract by the Client is the non-payment of the Price to the Operator for the ordered Service. If the Customer is in breach of the Agreement, the Operator is entitled to retain any payment paid by the Customer.
9.2. The Operator is entitled to withdraw from the concluded Contract if the Service is canceled by third parties (external contractors). In such case, the Operator is obliged to inform the Client prior to the agreed date of the Service. The Client has the right to choose from the Operator's Offer a different Service in the value of the originally negotiated Services; if the other service offered is not suitable for the Customer, he / she has the right to withdraw from the concluded Contract and to return any payment paid; Request for a change of Service or for the return of the provided service under this paragraph 9.2 must be sent to the Operator in writing.
9.3. The Customer has the right to withdraw from the Contract (i) in the cases specified in these Terms and Conditions; (ii) in the event of a substantial breach of the Contract entered into by the Operator. A substantial breach of the Agreement by the Operator is the non-provision of the Service, except in paragraph 9.2 of these Terms and Conditions, provided that the Provider has not offered a replacement Service to the Customer.
9.4. Withdrawal from the Agreement by either of the Parties shall be effected in writing and shall be delivered to the other Contracting Party promptly no later than seven (7) days from the event giving rise to the withdrawal of the Contract. Withdrawal from the Contract after this deadline will be disregarded.
9.5. With the withdrawal of any Contracting Party from the Contract concluded in accordance with the Agreement, these Terms of Business and the relevant generally binding legal regulations, the Agreement shall terminate without any further effect between all the parties to the Agreement.
10.1. Information obligation towards the Client within the meaning of Article 13 of the European Parliament and Council Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) (hereinafter referred to as the "GDPR Regulation") related to the processing of the Customer's personal data for the purposes of performance of the Contract, for the purpose of negotiating the Contract and for the fulfilment of the public obligations of the Operator, is performed by the Operator through a special document, which can be found here: https://www.lascalaevent.com/cs /gdpr /
10.2. The Client is obliged to notify the Operator of any changes to his identification, billing and contact information that could affect the provision of the Service without undue delay.
11. Final Provisions
11.1. If the relationship established by the Treaty contains an international (foreign) element, then the parties agree that the legal relationship between them is governed by Czech law.
11.2. The rights and obligations of the Parties not expressly provided for in the concluded Agreement and in these Business Terms and Conditions are governed by Act No. 89/2012 Coll., The Civil Code.
11.3. In the event of a dispute between the Contracting Parties, the jurisdiction of the Operator is locally.
11.4. If any provision of the Terms and Conditions is invalid or ineffective, or becomes invalid, instead of invalid clauses, a provision will be enforced as to the closest possible approximation to the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
11.5. The Agreement, including the Terms and Conditions, is archived by the Operator in electronic form and is not accessible.
11.6. Contact details Operator: Vladimír Michálek, Trávníčkova 1772, 155 00 Prague 13, firstname.lastname@example.org, phone + 420 773 001 730.
11.7. These Business Terms and Conditions become effective on September 28, 2018.