GENERAL TERMS AND CONDITIONS OF OPERATION AND USAGE OF THE RESERVATION SYSTEM
of K-EVENTS s.r.o., Identification Number 282 54 783, a corporation with its seat at 110 00 Prague 1, Ve Smečkách 597/32, entered in the Commercial Register kept by the Prague Municipal Court in Section C, File No. 135644 (the “Provider”).
I. INTRODUCTORY PROVISIONS
1.1. The Provider operates an electronic online reservation system for the Darling Cabaret venue at Ve Smečkách 597/32, 11000 Prague, Nové Město (the “Reservation System”) which allows a guest (“User”) to reserve a seat at the Darling Cabaret venue (the “Venue”) via an online reservation form that can be accessed on the website of the Venue, the website of the Provider, the mobile application offered by the Provider, the Facebook page of the Venue, partner portals of the Provider, etc. The Reservation System can be accessed from more than one device or platform at the same time (tablet, PC, etc.).
1.2. Within the meaning of Sec. 1751 of Act No. 89/2012 Coll. (the “Civil Code”), these General Terms and Conditions (“GT&C”) govern the mutual rights and obligations of Provider and User with respect to the use of the Provider’s Reservation System and all contractual relations with the User arising therefrom.
II. TERMS OF OPERATION OF THE RESERVATION SYSTEM
2.1. The User must first fill in the relevant data in the reservation form that is a part of the Reservation System – i.e., they fill in the date (day, month, year) of the intended visit to the Venue, the number of requested seats, and the time of arrival at the Venue. They are then presented with a graphical representation of the available tables at the Venue that offer the required number of seats; the User chooses a table of their liking by marking them using the cursor (whereas available tables are highlighted in a different color). In the subsequent step, the User is asked to provide first and last name, a phone number and e-mail address under which they can be contacted, and their preferred manner of payment for the reservation (PayPal). Upon filling in the above-mentioned data, the User is presented with a recapitulation of their order and asked to confirm the entered data. A confirmation message is then sent to the e-mail address provided by the User, along with a reminder that the reservation fee must be paid within 30 minutes from completing the reservation form or else the reservation will be cancelled. If the transaction goes through, the User receives another e-mail for confirmation. Upon payment of the reservation fee, the reservation is complete and considered binding upon the User.
2.2. The User acknowledges that the Venue may change or cancel the reservation at any time. In such a case, the User will receive an e-mail informing them of the change/cancellation and providing more detailed information on how they will receive a refund for the reservation fees which they already paid.
2.3. Users may only reserve a table at the Venue during the following hours: 8:00 pm – 11:00 pm, and must do so at least 24 hours before the requested time of reservation. The table will be kept available for the User for a period of 30 minutes following the beginning of the reserved time as stated in the order, and the User must appear at the Venue within this time period.
2.4. The reservation – i.e., the agreement on the provision of reservation services between the Provider and the User (the “Agreement”) – comes into existence upon completion of the reservation form by the User and payment of the reservation fee. By filling in the reservation form and paying the reservation fee, the User declares their consent with these GT&C. By entering into the agreement on the provision of reservation services, the User agrees to observe these GT&C and confirms that they have familiarized themselves with their wording.
2.5. The reservation is fee-based: a fee in the amount of CZK 500 (five hundred Czech crowns) is charged per person.
2.6. Cancellation of a confirmed reservation by the User: Reservations may be cancelled free of charge up to 24 hours prior to the reserved and confirmed time. If the reservation is being cancelled within less than 24 hours prior to the reserved and confirmed time, the User must pay a contractual penalty to the Provider in the amount of 20% of the reservation fee, as well as all reasonable expenses which the Provider incurred in connection with the cancellation and the refund of paid reservation fees, i.e., in particular, bank fees. The Provider may set off its claim for payment of the above-mentioned contractual penalty and of the expenses incurred in connection with the cancellation of the reservation and the refund of paid reservation fees against the User’s claim for a refund of the reservation fee which they already paid. Failure to pay the contractual penalty and the bank fees qualifies as a breach of contract and of the terms and conditions of the Agreement on the part of the User, and the Provider may in such a case withdraw from the Agreement and from the GT&C.
2.7. The User acknowledges that the Provider has a vested interest in providing top-quality reservation services for the benefit of the Venue and for the benefit of other users of the Reservation System. In order to ensure this level of quality, the User is obliged to cancel their reservation no later than 24 hours before the reserved time. In the opposite case, the Provider reserves the right to invoke the provisions of Article 2.6. of these GT&C.
III. TERMS OF USAGE OF THE RESERVATION SYSTEM
3.1. Unless stated otherwise, the Provider merely ensures the necessary technical aspects of making a reservation through the Reservation System, by way of which it procures the reservation of a seat (table) at the Venue for the benefit of the User and of the Venue. In other words, the services which are provided are ‘Reservation System services designed to procure a reservation of space at the Venue for the User and the Venue’.
3.2. The User agrees that means of distance communication are being used to make the Agreement. The expenses which the User incurs when using means of distance communication in connection with the conclusion of the Agreement (such as internet connection fees) are borne by the User.
3.3 The User acknowledges that the Provider is not obliged to enter into the Agreement or to provide Reservation System services to the User, especially in the case of individuals / users who committed a serious breach of the Agreement (i.e., including these GT&C) in the past.
3.4. The Provider is not obliged to provide Reservation System services if it is prevented from doing so by problems on the part of the User or on the part of a third party. In particular, the Provider is not obliged to render services in the event of a power outage, a breakdown of the data network, other technical malfunctions or failures caused by third parties, or the interference of force majeure.
3.5. For the event that the provision of Reservation System services is interrupted for reasons attributable to the User, the User undertakes to reimburse the Provider for the expenses in connection with removing the interference.
3.6. The Provider may make use of third parties to ensure the provision of Reservation System services.
3.7. During the reservation process, the User must provide information which is in all aspects accurate and truthful. For this reason, the data which the User enters into the reservation form is for the purposes of these GT&C considered correct, truthful, and complete.
3.8. Within the context of usage of the Reservation System, the User must not make use of mechanisms, tools, software, or procedures which have actual or potential adverse impact on the operation of the Reservation System, internet security, or the safety and security of other internet users.
3.9. The User must refrain from any activities aimed at disabling or hampering the operation of the Provider’s server from which the Reservation System services are run, and from any other attacks on the server, nor may the User assist third parties in carrying out such activities. In particular, the User must not flood the server of the Provider from which the Reservation System is run with automated queries.
3.10. The User acknowledges that the Provider is not liable for the operability of the User’s data network or of the public data network, for the User’s hardware being in working order, for the status of the User’s software, or for potential third-party interferences with the User’s software.
IV. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User takes due note of the fact that texts, photographs, graphical works, computer programs, and other elements contained in the Reservation System or accessible within the context of the offered services may individually and/or in their entirety be protected by copyright (hereinafter collectively referred to as “copyrighted work”). Moreover, the database which is accessible via the Reservation System is protected by special rights of the database creator. Unless agreed otherwise in writing with the Provider, the legitimate use and enjoyment of copyrighted work is in form and scope restricted by the applicable laws of the given jurisdiction. In particular, the User is forbidden from making copies of copyrighted work so as to attain direct or indirect economic benefits or commercial gain (profit), and from distributing it, renting it out, exhibiting it, or making it available to the general public (also via the internet), and from unauthorized use of the database.
4.2. The Provider is not bound vis-a-vis the User by any code of conduct within the meaning of Sec. 1826 (1) of the Civil Code.
4.3. In accordance with Sec. 1820 (1) (j) of the Civil Code, the User (consumer) acknowledges that they may, within the context of an out-of-court settlement of consumer complaints, turn to the Czech Trade Inspection Authority (Česká obchodní inspekce). Complaints may be brought before the Czech Trade Inspection Authority in writing or via the electronic filing desk on the website www.coi.cz.
4.4 Further, the User has been instructed that agreements which have been made in the form of distance contracts within the meaning of Sec. 1824 of the Civil Code may be rescinded by that party which is a consumer, within fourteen (14) days following the day on which the Agreement was made.
The User (consumer) has been informed and affirms that, in case this Agreement was made using means of distance communication, they have been properly acquainted at the time at which they entered into this Agreement with the Instruction of their right to withdraw from the Agreement (in the case of a distance contract) and with the Withdrawal Form, and that they have been acquainted with the fact that under Sec. 1837 of the Civil Code (Act No. 89/2012 Coll.), they are not entitled to withdraw from the Agreement if services have already been rendered under the same prior to the notice of withdrawal, i.e., in particular, if the situation anticipated by Article II, paragraph 2.8 of these GT&C has occurred. For the purposes of invoking the right of withdrawal, the party which wishes to withdraw from the Agreement on grounds of Sec. 1829 of the Civil Code must notify the Provider of this decision in the form of an unilateral declaration (to be sent to the Provider’s address as set out in the header of the Agreement). In order to satisfy the 14-day criterion, it is sufficient that the party of the consumer dispatches the said notice of withdrawal to the Provider’s address on the 14th day of the time period. The party of the consumer hereby expressly asks that the Provider initiate the provision of services under this Agreement before the said time period for withdrawal has ended. If the User nonetheless withdraws from the Agreement pursuant to this paragraph, then the Provider is entitled to a prorated portion of the fee for services which it rendered until the User gave notice of withdrawal, proportionally to the total scope of services set out in this Agreement and with a view to the penalty clause contained in these GT&C; in any case, if the Provider already consummated the purpose of this Agreement by the time at which the User gave notice of withdrawal, then the User (consumer) is no longer entitled to invoke the above rules to withdraw from the Agreement.
V. DATA PROTECTION, CONSENT FOR RECEIVING COMMERCIAL MESSAGES
5.1. Users who are private individuals enjoy protection of their personal data under the Czech Data Protection Act (Act No. 101/2000 Coll., as amended). The Provider shall proceed such that the data subject at no point suffers any curtailment of their rights, i.e., in particular, their right to dignity, and shall take measures to protect them from unauthorized interference with their privacy and their personal life.
5.2. The User consents to the collection and processing by the Provider and the Venue of their personal data which they entered into the reservation form (i.e., first and last name, e-mail address, and phone number), for the purpose of performing under this Agreement and for its use in marketing activities of the Provider (i.e., in particular, the distribution of commercial messages, SMS), until further notice, i.e., until the User revokes their consent in writing in a notice to be sent to the address of K-EVENTS s.r.o., Identification No. 282 54 783, with its seat at 110 00 Prague 1, Ve Smečkách 597/32, or to the address of the given Venue where they made a reservation using the Reservation System. In this case, electronic communication qualifies as written notice.
5.3. Personal data in electronic form will be processed using automated means, and personal data in hardcopy form will be processed using non-automated means.
5.4. A User’s personal data may only be passed on to third parties or transmitted abroad where allowed by the law, and only to the strictly necessary extent. The Provider may commission a third party – the data processor – with the processing of the User’s personal data.
5.5. The User agrees that the Provider and the given Venue (at which the User made a reservation using the Reservation System) may send information and commercial messages in connection with the services offered by the Provider or the given Venue to the User’s address (incl. their e-mail address).
5.6. If the User gains the impression that the Provider or the data processor (Article 6.4) engages in processing of their personal data in conflict with the protection of their privacy and their rights of personality or in conflict with the law, i.e., in particular, if the personal data is inaccurate in terms of the purpose of data processing, they may a) request explanations from the Provider or from the data processor, b) demand that the Provider or the data processor remedy the situation.
Provided that the User’s request referred to in the preceding sentence is legitimate, the Provider or the data processor shall promptly remedy the deficient state of affairs. If the Provider or the data processor does not accommodate the User’s request, then they may turn directly to the Data Protection Office (Úřad pro ochranu osobních údajů) for help. This is without prejudice to the User’s right to bring any matters directly before the Data Protection Office..
VI. DELIVERY OF CORRESPONDENCE
6.1. Unless agreed otherwise, any and all correspondence in connection with these GT&C, with the Agreement, or with the provision and operation of the Reservation System services must be delivered to the other Party in writing, via e-mail, via personal delivery, or via registered mail using a postal delivery service provider (as per the sender’s preference). In the case of e-mail delivery, the relevant correspondence will be delivered to the User at the e-mail address which they provided in the reservation form.
6.2. In the case of e-mail delivery, the message is considered delivered as of the moment in which it was accepted by the incoming mail server. In the case of personal delivery or postal delivery, the message is considered delivered as of the moment in which the posted message was accepted by the recipient or the moment in which the recipient (or, as the case may be, their authorized agent with the right to accept service) refused acceptance of the posted message.
VII. FINAL PROVISIONS
7.1. The Provider may modify or supplement the wording of these GT&C to an appropriate degree, without prejudice to the rights and obligations or contractual relationships which came into existence while the previous wording of the GT&C was in effect. The Provider shall announce any amendment of the GT&C by way of publishing the changes on its website or in another suitable form at least 14 days before the proposed effective date, whereas the User (to the extent that they, or the Agreement into which they entered, are affected by the amendment to the GT&C) may within the above-mentioned time period (i.e., before the change comes into effect) reject the amendment of the GT&C and cancel their obligation on these grounds. Unless the User expresses its rejection of the proposed change in writing before the day on which the amendment to the GT&C comes into effect, it is held that the User has accepted the proposed change to the GT&C.
7.2. For the event that their relations were to contain an international element, the Parties have agreed that their relationship shall be governed by Czech law.
7.3. If any of the provisions of these GT&C is or becomes invalid, inoperative, or unenforceable, then an ad hoc provision shall apply instead which in terms of its substance comes closest to the invalid provision. This has no bearing on the continued validity, operativeness, and enforceability of other provisions hereof, or of these GT&C as a whole.
7.4. Contact data of the Provider: K-EVENTS s.r.o., Identification No. 282 54 783, with its seat at Brno – Brno-město, 110 00 Prague 1, Ve Smečkách 597/32, e-mail: email@example.com Prague, on …….. 2014 K-EVENTS s.r.o. These GT&C are valid and effective as of ……….. 2014