TERMS AND CONDITIONS
These are the General Terms and Conditions of YELLOW POINT, spol. s r.o., with registered office at Sluštická 1627/14, Strašnice, 100 00 Prague 10, Registration Number: 26133237, registered in the Commercial Register administered by the Municipal Court in Prague, under File Number C 73103 (hereinafter “YP”) for provision of services in the field of sports and other activities defined below (hereinafter the “GTC”).
1. Introductory provisions
1.1. These GTC regulate the mutual rights and duties between YP and the person interested in instruction or participation in the activities defined below (hereinafter the “Participant”), related to his participation in the specific activities or with the contract for an activity concluded between the Participant and YP.
1.2. For the purpose of these GTC, an activity is considered to be any sports activity, instruction, course, teambuilding activity or other activity intended for the Participant’s leisure time, offered or organised by YP (hereinafter the “Activity”).
The provisions of these GTC are an integral component of each contract concluded between the Participant and YP, on the basis of which YP undertakes to provide a service concerning the activity or arrange participation in the selected activity for the Participant – (hereinafter the “contract for an activity”). YP will not accept any order for an activity in which the Participant directly or indirectly rule out the wording of these GTC. These GTC are part of all contracts for an activity, regardless of the method of conclusion (in writing, orally, by means of the website, e-mail), if the Participant is informed of this when concluding the contract for an activity (reference in the text of the contract, on the receipt issued for payment of activities, by posting in a visible place at the YP business premises, etc.).
1.3. The rights and duties concerning the contract for an activity are primarily specified by these GTC. Rights and duties may be arranged in deviation from these GTC only if this is explicitly mentioned in the contract for an activity. Contradictory provisions in the contract for an activity have preference over the provisions of these GTC.
1.4. YP may arbitrarily change or supplement the wording of these GTC; this does not affect the rights and duties originating throughout the validity of the previous wording of the GTC.
1.5. The legal relationship between YP and the Participant is governed by Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the “Civil Code“).
1.6. By registration, reservation/purchase of a specific activity by means of the www.ypoint.cz web interface (hereinafter the “Website”), signature of the contract for an activity, or payment for a selected activity at a YP branch, the Participant confirms that he has been acquainted with these GTC, an integral component of which is notification before conclusion of the contract, and that he agrees with these GTC in the wording valid and effective at the time of registration.
1.7. By concluding a contract for an activity the Participant confirms that he is sufficiently aware of his state of health, whereas this state of health does not prevent him from participating in the selected activity, not even to a certain extent.
2. Notification before conclusion of the contract
2.1. YP informs that:
a) The provider of activities is YELLOW POINT, spol. s r.o., with registered office at Sluštická 1627/14, Strašnice, 100 00 Prague 10, Registration Number: 26133237, and the contact information is info@ypoint.cz, telephone number 731 160 152;
b) YP does not charge any fees for conclusion of a contract over the website; however, the Participant may be required to pay fees (e.g. costs for internet connections, costs for telephone calls) to his internet or telephone provider;
c) prices of activities are given on the website including VAT and all fees stipulated by the law;
d) if a contract for an activity is concluded by means of the website and e-mail and if the Participant is a consumer, he is entitled to withdraw from the contract for an activity within 14 days after conclusion of the contract, under the condition that the date of the activity was not reserved or that participation in the activity has not commenced. If a specific date is reserved, or the activity has commenced, the Participant is no longer entitled to withdraw from the contract with regard to the fact that this concerns a contract for use of the Participant’s leisure time, a service provided on the specified date (see Section 1837 of the Civil Code).
e) in the event that the Participant has a complaint, he may submit this to info@ypoint.cz or contact members of the relevant Trade Licencing Office or Business Inspection.
f) YP is not bound by any code of behaviour within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Commercial Code, in relation to Participants.
3. Conclusion of the contract
3.1. The contract for an activity is concluded between YP and the Participant either in writing or orally at YP branches, or electronically by means of the website, where the Participant fills in an order form concerning the specific activity (for the Participant himself or for a third party as a gift voucher). These GTC are appended to each concluded contract for an activity.
3.2. The Participant concludes the contract for an activity by means of YP’s website, by selecting the required activity on the website, providing all the required information, confirming that these GTC are binding and sending the order by means of the website interface. The Participant acknowledges that he is required to pay the price for the activity on sending the order form and that participation in the activity is only possible after full payment of its price. The order is binding for the Participant after delivery of confirmation (acceptance) by YP. YP considers the information provided in the order form to be correct.
3.3. Any contract for an activity, which is not concluded at a YP branch, is concluded at the moment YP accepts the order and confirms its acceptance to the Participant (by e-mail). YP is entitled to refuse an order in the event that there is no capacity/vacancy or for other serious reasons. If the price of the activity is paid in the interim, YP is required to refund all the received funds to the Participant, within 7 days after refusal of the order.
3.4. The offer of activities published on the YP website or in other YP promotional materials is not a binding proposal for conclusion of a contract; only the duly completed order by the Participant is such a binding proposal.
3.5. YP determines the site of the activity, unless the site is specified previously in the offer of the specific activity or if the Participant is given a choice of sites.
3.6. The duration of the activity is arranged between the Contracting parties by telephone or e-mail after payment of the full price for the activity by the Participant. In the case of gift vouchers, the time of the activity may only be reserved by the expiry date on the voucher, in other cases within 6 months from conclusion of the contract for an activity. If the participant fails to reserve a time within this time limit, it follows that the Participant relinquishes the right to the activity without being entitled to compensation.
3.7. The activities do not include assurance of transportation of the Participants to the site of the activities or their accommodation throughout the duration of the activities by YP. However, the Participant has the option of ordering and paying for currently offered accommodation through YP, while ordering the activity. This accommodation is not provided by YP and YP will hand over the money received from the Participant to the owner of the accommodation facility when reserving accommodation for the specific Participant. YP is entitled to retain a manipulation fee for arranging accommodation, from the payment for accommodation it receives from the Participant. YP is not liable for the quality or other aspects of this accommodation and the Participant is required to resolve any complaints, defects and claims concerning the accommodation with the owner of the accommodation facility.
4. Price and terms of payment
4.1. Activities are provided for a fee, which the user is required to pay before the activity takes place. The Participant chooses the form of payment when ordering the activity or on the basis of an agreement with YP. Gift vouchers are only valid after full payment of their price.
4.2. The prices of the provided activities are determined by the YP pricelist, published on the YP website. Prices are given including value added tax. The price of the activity arranged in the contract is always binding for the Participant. YP is entitled to change the price at any time, however, this change does not apply to contracts that have already been concluded.
4.3. The basic price of activities does not include delivery of the gift voucher. The Participant also pays the relevant fixed postage fee depending on the chosen method of delivery of the voucher. The Participant is informed of the value of this fee when filling in the order form.
5. Gift vouchers
5.1. Gift vouchers issued by YP entitle the person specified on them to take part in an activity if all the terms stipulated for the activity are met. The gift voucher specifies the identity of the person according to the order placed by the Participant. YP is entitled to request additional identification data if this is necessary for participation in the activity. Unless explicitly stated otherwise in the gift voucher, the voucher is not issued to ( řad ) or to the deliverer.
5.2. The gift voucher is valid until the specified date. The holder of the gift voucher is entitled to participate in the activities specified on the voucher until this date. In the event that the holder of the voucher fails to participate in the activity before the voucher expiration date, he relinquishes the right to the activity without being entitled to claim compensation. The paid price covers all the costs YP incurs in relation to issue of the voucher, operation of the customer centre, communication with independent providers, etc.
5.3. Damaged certificates are invalid and cannot be used to participate in an activity. In the event of major damage (any damage to visible or invisible security elements of the voucher or code, over 10% of the surface area of the voucher missing) replacement is not possible and the Participant loses the right to participate in the activity. YP is not liable for loss, destruction or theft of the voucher. However, the Participant is required to immediately inform YP of such circumstances.
6. General rules for organisation of the activities
6.1. YP may change the site of the activity, or other terms of organisation of the activity (under the condition that the activity’s key parameters are maintained). It is required to inform the Participant of such changes without unnecessary delay, by sending an e-mail message or in another appropriate manner.
6.2. YP may cancel the activity and, if possible, offer the Participants a new date for the activity, only for serious reasons (particularly due to inappropriate weather, or other force majeure, such as origin of a source of infection with a dangerous illness, or declaration of a protective or forbidden zone prohibiting persons from entering, flood or inundation, fire or its consequences, strike, reasonably unforeseeable technical failure, etc.). It is required to inform the Participant of this change without undue delay, by sending an e-mail message or by telephone. In the event that the Participant is unable to participate in the activity on any of the proposed replacement dates, or the date of the activity cannot be moved due to its character, the Participant is entitled to a refund of the price paid for the activity (or price of the undrawn part, if the activity is cancelled after it commenced). YP is not liable for damages or additional costs, which the Participant incurs as a result of this procedure.
6.3. Furthermore, if this concerns an activity, which can only be technically provided as a whole and cannot be divided over multiple time periods (i.e. a flight by aeroplane), then participation in the activity in the scope of at least 60% of its assumed duration is considered to mean that the activity was provided or executed.
6.4. In the event of illness of or other absence by the instructor for the activity, YP may replace this instructor with another instructor with the same or similar qualifications.
6.5. In the event that the Participant fails to participate in the reserved activity, the Participant is not entitled to participate in the activity on a substitute date or to a refund of the price of the activity (or its proportionate amount), nor to any other compensation. The paid price covers all costs incurred by YP in relation to preparation of the Participant’s participation in the activity and other related costs.
6.6. The Participant is entitled to cancel his participation in the reserved activity under the following conditions:
- if the activity is cancelled at least 3 business days before the arranged date of the specific activity (on the relevant day by 5 p.m.), a new date can be arranged (reserved) for the activity free of charge.
- after elapse of the time limit specified above for cancellation, cancellation with a free substitute date is not possible and, in the event that the Participant fails to participate in the activity, item 6.5 above applies.
- regardless of these time limits, participation in the activity may be cancelled in the event that the Participant is seriously ill or injured, preventing his participation in the activity, if this is demonstrated by authentic confirmation from a doctor. In such cases the Participant is entitled to a free replacement date for the activity, in the event that this ill health demonstrably continues or will continue for over 3 months, the Participant is entitled to a 100% refund of the price of the activity.
6.7. The provisions of the previous paragraph do not apply to activities only realised on a previously precisely determined date. Neither the time nor the date of these activities can be changed and cancellation of this activity is consequently not possible. In the event that the Participant fails to take part in such an activity, item 6.5 above applies.
6.8. Cancellation of the activity by the Participant does not mean the Participant’s withdrawal from the contract for an activity. Cancellation terms for individual activities may be determined individually. In such cases these have preference over the cancellation terms according to these GTC.
6.9. Before commencing the activity, YP may request proof of the identity of the person who arrived to participate in the activity. Some activities cannot be provided without this proof of identity, which the Participant acknowledges and undertakes to notify the persons, whose identity he gives in the order, of this fact. The person’s identity is proven by showing a valid citizen’s identification card, driver’s licence or passport. In the event that the condition of identification is not met, the activity will not be provided and the Participant is not entitled to any compensation.
6.10. The Participant, or the specified holder of the voucher, participate in all activities exclusively at their own risk. The Participant must assess whether he is healthy and fit enough to manage the selected activity safely. Information about potential restrictions, which may concern some offered activities (i.e. age, health and physical fitness, possibly the requirement of a medical examination), are included in the information, which is part of the description of each activity or will be provided to the Participants orally before the specific activity commences.
6.11. In the event that the Participant finds that his state of health does not permit him to continue participating in the activity or continuing the activity could endanger his health, he is required to immediately notify YP of this and immediately terminate his participation in the specific activity.
6.12. The Participant is required to unreservedly submit to the instructions of YP, or its instructor and other persons providing services on behalf of YP, during the activity itself. Otherwise YP is entitled to eliminate the Participant from the activity without the Participant being entitled to any compensation.
6.13. YP will refuse to allow the Participant to participate in the activity in the event that the Participant or other persons present with him are under the influence of alcohol or drugs immediately before the activity commences. In this case the Participant is not entitled to any compensation.
6.14. Persons under 18 years of age may only participate in activities with the explicit consent of their parents or legal guardian. In justified cases, particularly in relation to persons under 15 years of age, accompaniment and supervision by an adult approved by the legal guardian must also be arranged at the Participant’s expense.
6.15. The Participant acknowledges that the activities may be documented by YP’s photographer or cameraman. The Participant also acknowledges and agrees that photographs or videos recording the Participants of activities may be published on YP’s website or on YP’s other promotional materials.
7. Liability for damages
7.1. YP is liable to Participants for damages to health or property, if such damages were caused by the representatives of YP intentionally or as a result of negligence or in relation to the activity.
7.2. YP is not liable for any damages to health or property, which the Participant causes intentionally, as a result of negligence, carelessness, or overestimating his physical fitness.
7.3. YP is not liable for any damages to health or property, incurred by the Participant as a result of failure to adhere to the proper procedure or instructions of YP or its instructors.
7.4. The Participant is liable for damages caused to YP or any third party in relation to his Participation in the activity.
8. Withdrawal from the contract
8.1. In the event of serious breach of the Participant’s duties set out in these GTC or in the contract for an activity (particularly the duties set out in article 6.12 or 6.13), YP is entitled to withdraw from the contract for an activity effective immediately. In such cases the Participant is required to pay YP a contractual fine in the value of the price of the undrawn part of the activity. The right to a contractual fine according to the preceding sentence shall be offset against the participant’s potential claim for a refund of the price of the undrawn part of the activity. This provision concerning the contractual fine has no effect on any claim by YP for compensation of damages caused by the participant.
8.2. The Participant is entitled to withdraw from the contract for an activity in the event of serious breach of the duties of YP arising from these GTC or from the concluded contract for an activity. Serious breach of duties includes cancellation of an activity on the arranged date for reasons other than the serious reasons set out in article 6.2, without a new date being set within a reasonable new time limit (at least 14 days). In such cases the Participant is entitled to a refund of the price paid for the activity, or the price of its undrawn part if withdrawal takes place after the activity commences.
8.3. If a contract for an activity is concluded remotely by means of the website and e-mail and if the Participant is a consumer, he is entitled to withdraw from the contract for an activity, without giving a reason, within 14 days of the date of conclusion of the contract, under the condition that a date for the activity has not yet been reserved and participation in the activity has not yet commenced. If a specific date has been reserved, or the activity has commenced, the Participant is not entitled to withdraw from the contract, with regard to the fact that this concerns a contract for use of the Participant’s leisure time on the specified date (see Section 1837 of Act No. 89/2012 Coll.).
8.4. If the Participant is entitled to withdraw from the contract for an activity without giving a reason, before reservation of the date of the activity, the Participant will be refunded the price of the activity. Withdrawal from the contract is effective from the moment the notice of withdrawal is delivered to the other contracting party.
9. Protection of personal data and sending commercial messages
9.1. The Participant’s personal data is protected by Act No. 101/2000 Coll. on protection of personal data, as amended.
9.2. YP processes personal data in the scope of: name and surname, residential address, e-mail and telephone number and date of birth (hereinafter the “personal data“).
9.3. As well as YP, the data is also processed by the Chillidata, s.r.o. Company, which operates the online MATES information system, also intended for ski schools, equipment hire services and execution of other activities defined herein.
9.4. YP or the processor are entitled to process personal data, even without the Participant’s consent, for the purpose of realisation of the rights and duties based on the contract for an activity, maintaining an account for a registered Participant and in other cases determined in Section 5, paragraph 2 and paragraph 9 of the Act on Protection of Personal Data. YP is also entitled to use the Participant’s e-mail address to send commercial messages concerning its products or services, whereas the Participant is entitled to refuse his consent to such use of his e-mail at any time. YP is also entitled to use the Participant’s name and surname and address to send written offers of products or services, until the time the Participant explicitly expresses its disagreement with receiving such messages in writing.
9.5. By expressing consent with these GTC, the Participant explicitly agrees to have his personal data processed by YP in excess of his duties stipulated by the law, for the purpose of advertising and marketing, keeping a database of members and their licenses and purchases of goods or services from YP, market surveys and sending information and commercial messages to Participants. YP is also entitled to offer the products and services of third parties – business partners of YP and provide selected personal data to its business partners, who work with it on the Ykarty project.
9.6. The Participant acknowledges that it is required to give its personal data correctly and truthfully and that it is required to inform YP of any changes to its personal data without undue delay.
9.7. YP may authorise a third party other than the aforementioned Chillidata, s.r.o. Company to process the personal data of Participants, as the processor. With the exception of the purposes mentioned in these GTC, the persona data will not be provided to third parties without the Participant’s prior consent.
9.8. Personal data will be retained for a period of 20 years after agreement with these GTC is expressed. The personal data will be processed in electronic form by automated methods or in printed form by non-automated methods.
9.9. The Participant confirms that the provided personal data is correct and accurate and that he was informed that this concerns voluntary provision of personal data.
9.10. In the event that the Participant believes that YP is processing his personal data in conflict with protection of the Participant’s private and personal life, or in conflict with the law, particularly if personal data is inaccurate with regard to the purpose it is being processed for, he may:
a) request an explanation from YP;
b) request that YP remedy this situation by blocking, making corrections, supplementation or disposal of personal data. If the Participant’s request according to the preceding sentence is considered legitimate, YP will immediately remedy the arising situation. The Participant is also entitled to contact that Office for Protection of Personal Data.
9.11. If the Participant requests information about processing of his personal data, YP is required to provide this information. YP is entitled to require an appropriate payment, not exceeding the essential costs for provision of information.
9.12. The Participant is entitled to withdraw his consent to processing of his personal data in accordance with these GTC at any time, by explicit and comprehensible statement of will (i.e. in writing, by fax, or e-mail).
10. Final provisions
10.1. Unless agreed otherwise, all correspondence between the Participant and YP must be delivered to the other Contracting party by e-mail, or in writing, by an operator of postal services (chosen by the sender). The participant receives correspondence to his e-mail address or correspondence address given in his user account.
10.2. All texts, illustrations and photographs contained in YP’s materials and on YP’s website are subject to copyright and must not be copied or used further without YP’s explicit written consent. Photographs used in the information material (including web presentations) for individual activities, are only informational and approximate; the machines, equipment, tools, persons and surrounding area may differ in actual fact. If the same technical function of items necessary for or related to provision of an activity is assured, provision of an activity with or in an item or items different to that portrayed on the website is not considered deficient performance.
10.3. The Participant is not entitled to assign any rights or receivables, arising on the basis of or in relation to the contract for an activity, to any third party.
10.4. If any of the provisions of the GTC is or becomes invalid, ineffective, or colourable, it will be replaced with a provision the purpose of which is closest to the invalid, ineffective or colourable provision. The invalidity, ineffectiveness or nullity of one provision does not affect the validity and effectiveness of the remaining provisions.
10.5. These GTC are valid from 01/07/2015.