GENERAL TERMS AND CONDITIONS

General terms and conditions of the JPK Klínovec ski school

1. Basic provisions, scope

1.1. The JPK Klínovec ski school provides its services exclusively under the following General Terms and Conditions (GTC). Unless agreed otherwise, these GTC regulate the mutual rights and obligations and apply to all legal relationships between the JPK Klínovec ski school (further only as the “SS”) and entities using or referring to the services of the ski school (further only as the “customer”).

1.2. The operation of ski and snowboard sports school is the subject of business activities of JPK Klínovec. A service for the purposes of these GTC means any sporting activity intended for leisure time and offered to customers or organised by the SS. This includes in particular providing instruction in skiing skills and knowledge, as well as guidance and accompaniment by an instructor during skiing. Any changes to these arrangements are only effective if agreed upon by both parties, i.e. the ski school and the customer.

1.3. These GTC are an integral part of any agreements on activities between the customer and the SS under which the SS undertakes to provide services relating to the relevant activity. The SS will not accept any orders under which parties directly or indirectly exclude the provisions of these GTC. These GTC are included in any contract, regardless of the form in which the contract is concluded (in writing, orally, via webpages or via e-mail), if the party to such contract is notified of this when concluding the contract on the relevant activity (by reference in the text of the contract, on an issued receipt for the paid activity, by a notice published in a visible place in the premises of JPK Klínovec, etc.).

1.4. If an activity is ordered for third parties (as in the case of a gift certificate, etc.), the ordering party is required to familiarise the relevant party in detail with the arrangements under these GTC and other instructions issued by the SS with regard to the activities .

1.5. The legal relationship between JPK Klínovec and the customer is further governed by Act No. 89/2012 Coll., Civil Code, as amended (further only as the “Civil Code”).

1.6. A party booking a specific activity via the web interface at www.jpkklinovec.cz (further only as the “webpage”) or by paying for the selected activity at a branch of JPK Klínovec confirms that they have familiarised themselves and agree with these GTC in the wording valid and effective at the time of their booking.

1.7. By concluding a contract on an activity, the customer confirms that they are sufficiently aware of their health and that their health does not prevent them from participating in the selected activity, whether fully or partially.

2. Basic provisions, scope

The following parties are the customer’s contractual partners: 

2.1. Active Klínovec spol. s r.o., with the registered office at Vinařického 131/6, 120 00 Prague 2, business premises: Sportcentrum Klínovec, Loučná pod Klínovcem 110, 431 91 Vejprty. Business ID no.: 27307123, contact details: klinovec@jpk.cz, telephone +420 725 700 902. 

2.2. JPK Sportmax s.r.o., Pecerady 32, Týnec nad Sázavou, 257 41, business ID no. 26146274, business premises Neklid Central Parking and Boží Dar – Konzum Čáda, contact details klinovec@jpk.cz, telephone +420 725 700 902.

3. Service offer, booking, conclusion of a contract

3.1. The JPK Klínovec ski school offers services on its webpage www.jpkklinovec.cz, and in its business premises. A contract between the JPK Klínovec ski school and the customer may be concluded electronically or in person in the business premises of the JPK ski school. 

3.2. The SS does not charge any fees for concluding contracts remotely via the webpage. 

3.3. The customer proposes a contract on an activity via the webpage by selecting the requested activity, completing the required details, confirming the binding nature of these GTC, and submitting the order via the web interface. Before submitting the order, the customer acknowledges that they are obliged to pay the price for the activity and that participation in the selected activity is only possible once the full price is paid. Orders are only valid once a confirmation (acceptation) is received from the SS. The SS deems all data specified in an order to be correct. 

3.4. The services offered by the JPK Klínovec ski school are not a binding draft of a contract. After the customer submits a completed online form and agrees to the GTC on the webpage, the JPK Klínovec ski school sends confirmation of booked instruction to the customer and proposes a contract to be concluded. The contractual relationship between JPK Klínovec and the customer is only established by sending this order confirmation. The order confirmation is provided as a receipt for claiming the booked service. The customer is required to state the name under which the relevant order was issued in the business premises of the JPK Klínovec ski school. The JPK Klínovec ski school is entitled to refuse a proposal for concluding a contract without stating any reasons. The JPK Klínovec ski school undertakes to respond promptly to clients’ written or electronic communication, but no later than within two business days. 

3.5. The SS determines the location of an activity, unless the location is specified in advance in the offer of the relevant activity, or unless the customer is given the choice of several locations. 

3.6. In the case of a gift certificate, the time of the relevant activity may be booked by the expiry date of the relevant certificate. The holder of a gift certificate is entitled to participate in the activities listed in the relevant certificate during this period. If the customer fails to make their booking during this period, they are deemed to have waived the relevant activity without any claim to compensation. The price paid covers any costs already incurred by the SS in connection with issuing the certificate, operating the customer centre, communication with external providers, etc. 

3.7. The SS does not arrange the customer’s transport to the location of the activity or their accommodation during the activity as part of the organised activities. The price of an activity does not include any ski/snowboard equipment or ski pass. 

3.8. Photographs used in information materials (including online presentations) for individual activities are intended for information and illustration only. Any machines, equipment, tools, persons and surroundings may differ in reality. If the same technical functionality of an item necessary for or connected with providing an activity, providing the activity with an item different from that depicted on the webpage will not be deemed faulty performance.

4. Content of an online offer

Any liability claims raised against JPK Klínovec in connection with material or immaterial damage caused by the use or lack of use of the information provided or by the use of incorrect and incomplete information are excluded, unless such damage is provably due to gross negligence of JPK Klínovec. All offers are non-binding. JPK Klínovec expressly reserves the right to make changes or additions to or delete parts of the webpage or temporarily or permanently discontinue the entire offer or presentation without any special notification.

5. Price, payment terms

5.1. Activities are provided against a payment made by the customer prior to the activity being held. The customer chooses the payment method when ordering an activity or the payment method is selected based on agreement with the SS. A gift certificate is only valid after the price of the relevant certificate has been paid.

5.2. Prices for providing activities are determined by the SS pricelist published on the SS webpage and in the business premises of the JPK Klínovec ski school. All prices include VAT and any fees stipulated by law. Payments for confirmed orders may be made in the business premises of JPK Klínovec in cash or by a card. 

5.3. The price agreed upon in the relevant contract on an activity is always binding for participants. The SS is entitled to change the pricelist at any time, but the change is without prejudice to any contracts concluded prior to such change.

6. Scope of services provided and complaint procedure

6.1. Ski and snowboard instruction takes place daily regardless of the weather under the leadership of certified instructors. 

6.2. If an instructor selected for a specific activity in advance is sick or absent for any other reason, the SS is entitled to replace such instructor with a different instructor having the same or similar qualification. 

6.3. The duration of a lesson is 50 minutes. Instruction is provided at the customer’s own responsibility and risk and the customer needs to consider for themselves whether they are fit and able to manage the selected activity safely. The seller recommends that customers take out an accident insurance prior to commencing the instruction. 

6.4. Prior to the start of the instruction, the customer is obliged to inform the instructor truthfully about their ski and snowboard skills and experience, as well as any health problems that may affect the sporting activity. If the customer finds out that they cannot continue in the relevant sporting activity due to their health or that continuing in the activity may jeopardise their health, they are obliged to inform the instructor and the SS about this immediately and terminate their participation in the activity without delay. 

6.5. The client is required to respect any instructions of a JPK Klínovec instructor precisely and consistently. A failure to respect instructions and warnings entitles JPK Klínovec instructors to terminate the contract immediately without any entitlement to compensation. JPK Klínovec will not be held responsible for any damage or additional costs incurred by the customer due to this procedure. 

6.6. The ski or snowboard instruction service will be provided in a location and at the time agreed upon in advance. The SS may change the place of the activity or the conditions of providing the activity (provided that the key parameters of the activity are maintained). The SS is obliged to inform the customer about any such change without undue delay by sending an e-mail message or in a different suitable manner. 

6.7. The customer is required to report to the SS on the day of holding the activity at least 30 minutes before the start of the instruction. A failure to do so may result in the SS cancelling the relevant booking. 

6.8. If the client does not arrive in the arranged location at the agreed time, they will not be entitled to compensation for the service missed in this manner or any reimbursement of the price of the activity (or its proportionate part ). The price paid includes any costs incurred by the SS due to preparation of the customer’s participation in the activity and any other related costs. The instructor is obliged to wait for the customer for up to 10 minutes after the agreed commencement of the service. 

6.9. After paying for the instruction, the client receives two identical payment receipts (further only as the receipt) stating the name of the instructor assigned to the client and any additional information, as required. The client is obliged to present the receipt to their assigned instructor before the start of their lesson. The client keeps the second receipt (this can be used to claim discounts from the price of any further instruction). The client is only entitled to participate in instruction at the time and with the parameters specified in the receipt. Any changes to the times or forms of instruction may only be made in the office of the JPK Klínovec ski school. Lost receipts must be reported immediately to the office of the ski school, where a copy of the receipt will be issued to the client. 

6.10. If the ski school is unable to satisfy the demand for individual lessons due to its capacity, these lessons may be offered to the client at a different time or, for example, in the form of a group lesson. Group lessons are only held if at least 4 clients join the relevant group. 

6.11. If the required group does not have sufficient number of clients, the ski school may offer a different time for a group lesson or an individual lesson to the client. The ski school does not guarantee the same instructor for the duration of the instruction in the case of group lessons. Clients are assigned to groups according to their age and skill level. The “weakest member” of the group is considered in the case of group lessons. Combining persons of a different age and skill level in individual lessons for 2-3 is not appropriate. All clients receive free admission to the children’s ski park near the Max Klínovec bed and breakfast during their instruction.

 6.12. If a client fails to arrive for a group lesson within 10 minutes from the beginning of the lesson, they may not be admitted to the lesson in view of the instruction in progress and the methodical principles. 

6.13. The client or the client’s legal representative is responsible for the client’s suitable clothing, equipment and health. 

6.14. In the case of any complaints about, objections to or problems with the instruction or its course, etc., the customer is obliged to address these immediately in the office of the SS to allow the SS to respond promptly and adequately and resolve the situation to the satisfaction of both parties. The SS is unable to judge any subsequent complaints objectively and the customer is therefore not entitled to any compensation in the case of late complaints.

7. Other provisions, terms of cancellation

7.1.    Any services ordered and paid for are void without any compensation if they are not claimed before the end of the winter season in which they were purchased. 

7.2.    In the case of the customer’s illness or injury preventing the customer from participating in the activity, cancellation or the services and reimbursement is possible against a medical certificate and subject to the following terms of cancellation:     

– On the day of holding the activity: 0% of the paid amount     
– On subsequent days: 100% of the paid amount 

7.3.    The customer is entitled to cancel their participation in any booked/paid activity no later than 3 days before the agreed time and on the relevant day by 16:30. After the expiry of this period, an activity may be cancelled under the following cancellation terms:    

– 2 days prior to the instruction: 25% of the paid amount    
– 1 day prior to the instruction: 50% of the paid amount    
– On the day of the activity: 100% of the paid amount 

7.4.    JPK Klínovec reserves the right to immediately terminate any contract with a client under the influence of alcohol and/or different substances of abuse, and with a client that assaults an instructor physically or verbally. If the contract is terminated under these circumstances, the client will not be entitled to reimbursement of any costs incurred in connection with the service or any compensation for damage. 

7.5.    Any participant not observing the obligation of the contractual parties will be excluded from the tuition without any compensation. 

7.6.    The SS may cancel any activity for serious reasons (such as force majeure events including occurrence of a source of dangerous infection, announcement of protective or prohibited zone for the entry of persons, danger or consequences of an avalanche, strike, reasonably unforeseeable technical failure, etc.) and offer a new date for such activity to the participants, where possible. The SS is required to inform participants about this change without undue delay by sending an e-mail or by phone. If a participant cannot attend the activity at any newly proposed date or the date of the activity cannot be postponed due to the character of the activity, the participant will be entitled to reimbursement of the paid price of the activity (of the price of the unused part of the activity, if the cancellation occurs after the activity has commenced). The SS will not be held liable for any damage or additional costs incurred by the customer as a result of this procedure. 

7.7.    The seller is obliged to reimburse to the buyer:  0% of the paid amount:

– if the lesson is terminated for reasons attributable to the client
– in the case of bad weather (rain, wind, heavy snowfall)
– limited operation of the transporting equipment 100% of the paid amount:
– if the lesson is terminated for reasons attributable to the ski school. 

7.8.    The amounts due are reimbursed in cash in the ski school office. 

7.9.    Persons under 18 years of age may only participate in activities with express consent of their parent or a legal representative. 

7.10.    Participants under 18 years of age are required to wear a helmet for the entire duration of the instruction. 

7.11.    The customer acknowledges that if the activity is recorded in photographs or any other images, the JPK Klínovec ski school reserves the right to use these materials not including the customer’s identification for their online promotion (webpage, Facebook, Instagram).

8. Liability for damage

8.1.    The SS will be liable for any damage caused to the participants’ health or assets by representatives of the SS due to their negligence and in connection with the activity.

8.2.    The SS will not be liable for any damage caused to the participants’ health or assets by the participant deliberately, due to their negligence or carelessness or by overestimating their health and fitness.

8.3.    The SS will not be liable for any damage caused to the participants’ health or assets due to the participant’s failure to observe the procedures or instructions of the SS or its instructors.

8.4.    The ski school will not be liable for any damage caused to the clients by third parties or any damage caused by negligence.

8.5.    The participant is liable for any damage caused to the SS or any third party in connection with their participation in the activity.

9. Processing and storing personal data

By paying the price of the instruction, the client grants the ski school their consent with the processing of their personal data handed over to the ski school during the registration process for identification purposes. The client grants this consent for an indefinite period of time, until this consent is withdrawn. The ski school undertakes to process the personal data in accordance with Act No. 101/2000 Coll., on personal data protection, as amended. The ski school will use the provided personal data exclusively for providing the services to the client.

10. Effectiveness

These General Terms and Conditions are effective as of 01/10/2020.
If any individual provision of these General Terms and Conditions are or become ineffective, this will be without prejudice to the remaining provisions and the legal act as a whole. An ineffective provision will be replaced with a provision best matching the purpose of the ineffective provision. Any changes to these GTC must be made in writing. The JPK Klínovec ski school is entitled to change or supplement the wording of these GTC unilaterally at its discretion, but these amendments will be without prejudice to the rights and obligations originated during the effective term of the previous wording of these GTC.

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