General business terms and conditions
Article 1 Opening Provisions
1.1. These General Business Terms and Conditions regulate the terms and conditions for on-line purchase of ski passes at the website www.kouty.cz (hereinafter the “e-shop”) operated by the company K3 Sport s.r.o., having its seat at I. P. Pavlova 116, 779 00 Olomouc, Company ID No: 268 30 248, registered in the commercial register at the Regional Court in Ostrava, Section C, File 26932 (hereinafter the “operator”), which operates the KOUTY Centre.
1.2. These business terms and conditions regulate the mutual rights and obligations of the operator and customer established in connection with the contracts concluded through the operator’s e-shop.
1.3. By confirming the order of a ski pass in the e-shop, the customer also confirms familiarisation with and expresses consent to these business terms and conditions and undertakes to observe and respect the valid operating rules of K3 Sport s.r.o. in the KOUTY Centre.
1.4. Purchase of the ski pass via the e-shop is open to all natural subjects and legal entities in compliance with these business terms and conditions (hereinafter the “customer”).
Article 2 Subject matter of the Contract and its delivery
2.1. The subject matter of the contractual relationship is the purchase of ski tickets in different tariff or price zones that entitle the concerned parties to cable transport services at the Kouty Centre in compliance with the Operating Rules of the Kouty Centre (hereinafter the “ski pass”) available here.
2.2. The ski pass is always valid for the current winter season as stipulated by the operator. The use of the purchased ski pass is also limited to the number of days according to the ordered ski pass type; in case of the all-year ski pass, it is possible to use the ski pass for the entire current ski season for which the ski pass was purchased.
2.3. The ski pass is delivered electronically. The electronic confirmation itself, which the customer receives after order, does not entitle him/her to direct utilisation of the services at the Kouty Centre, but only serves as a document on the basis of which a ski pass chip card shall be issued to him/her. A Ski pass purchased from the e-shop must always be picked up physically from the designated booking office at the Kouty Ski Centre. The purchased ski pass shall subsequently be transferred to a chip card, which shall be issued to the customer against a refundable deposit according to the applicable price list, and activated after the first passage through the operator’s turnstile in the Kouty Ski Centre. After activation of the on-line tariff, it is no longer possible to withdraw from the purchase contract.
Article 3 Conclusion of the contract
3.1. The offer of ski passes in the e-shop is not considered as a proposal to deliver goods or provide a service within the meaning of Section 1732(2) of the Civil Code, the offer is only of informative nature the operator is not obligated to conclude a contract regarding these products.
3.2. The ski pass price shown in the e-shop is the final price including all costs that must be incurred by the customer during its purchase with the exception of incidental transport and payment expenses as well as the chip card issue costs. The price of the ski pass that is stated on the website is a contractual price. The operator reserves the right to change the prices from time to time.
3.3. The customer places an order by selecting and marking the chosen ski pass tariff in the e-shop and the number of required ski passes. He/she is also obligated to fill-in the electronic form and enter all the required information, particularly the category of the ski pass user (for instance: adult, child aged up to 6, junior, senior, etc.). After entering all the required information, the customer makes a binding confirmation of the order. The operator confirms receipt of order to the customer immediately after receipt by e-mail at the e-mail address stated in the order. The contractual relationship between the operator and customer is established upon receipt (acceptance) of the order, which is sent by the operator to the customer’s e-mail address.
3.4. The costs arising for the customer from use of remote communication resources in connection with conclusion of the contract are covered by the customer. All communication including the order and confirmation between the operator and customer shall be carried out in Czech language.
3.5. The customer shall pay the price of the ski pass on-line via GPwebpay, to which the customer shall be redirected after confirmation of order. After processing the payment through the payment system, an e-mail shall be sent to the customer’s e-mail address shown in the order. This e-mail shall also serve as confirmation of payment.
3.6. The purchased ski pass shall be be loaded by the operator on the appropriate customer’s chip card and its activation shall take place after its first passage through the turnstile of the operator’s cable transport system.
3.7. Upon customer request, the operator shall issue a receipt at the booking office of the Kouty Ski Centre against the confirmation e-mail from the GPwebpay system. If the law stipulates the operator’s obligation to issues a ski pass sales receipt in a specific case, the operator shall issue the receipt to the customer in compliance with the applicable legislation.
Article 4 Conditions for provision of services
4.1. The issue of ski passes after payment is done by the operator, K3 Sport s.r.o., at its booking offices against a refundable deposit according to the applicable price list and presentation of a valid document clearly proving the identity and age of the customer (for instance, insurance card, NRC, etc.).
4.2. If the ski pass is tied to a specific period, it is valid only in the period that the customer selects when making the order. This either is a specific day or a certain part of that day day. The on-line tariff cannot be utilised at a time other than for which it was purchased. Failure to utilise a purchased ski pass within the ordered period will result in its forfeiture without entitlement to compensation of the purchase price or its part.
4.2. The ski pass tariff is tied to the categories of ski pass users designated on the basis of age or other characteristics specified by the operator. The current user categories are always stated at the e-shop (for instance, adult, child aged up to 6, junior, senior, etc.). The user categories and individual prices of the on-line tariffs related to these comply with the valid price list of the centre that is posted at the booking offices and on the KOUTY website – kouty.cz.
4.3. The justification of entitlement to a discounted tariff price for certain user categories (child aged up to 6, junior, senior) must be proven by the customer at any time to the operator on demand by presentation of a valid identity document with a photograph, for instance, student card, NRC, etc. If the customer fails to prove that he or any other person who should use the ski pass belongs to a certain category of users according to his order, the operator is entitled to reject the issue of the ski pass and withdraw from the contract, or additionally charge the difference between the lower order price and the full price of the ski pass.
4.4. When purchasing the ski passes on-line via the e-shop, it is not possible to utilise any discounts and the customer pays the full price according to the applicable operator’s price list.
4.5. The customer or other user (if he/she differs from the customer) shall not be entitled to a refund of the price of the ski pass or part thereof or to any compensation or reimbursement in case of impossibility to use the services of the Kouty Centre due to bad weather, operational reasons (for instance, stoppage of the chair-lift and surface lifts) or Force Majeure.
4.6. With regard to the nature of the provided performance, the customer is not entitled to withdraw from the contract concluded between the operator and customer within 14 days as per Section 1840(h) of the Civil Code.
4.7. The customer hereby acknowledges that the purchased ski pass is non-transferable and the rights attaching to it may be used only by the customer or other user for whom the ski pass was procured by the customer and to whom it was issued at the Kouty booking office. The customer and other users are obligated to refrain from any conduct in breach of this obligation, particularly the lending of the ski pass or its rental to a third party, its copying, etc.
Article 5 Rights arising from defective performance
5.1. The rights and duties of the operator and the customer-consumer with regard to defective performance are governed by generally binding regulations (particularly Sections 1914 to 1925 of the Civil Code and Act No 634/1992 Coll., on consumer protection, as amended).
5.2. The operator is liable to the customer for the fact that the scope of performance according to the contract shall upon transfer to the chip card match the customer’s order. The customer is obligated to make claims for defects without undue delay after ascertaining them, and to do so as follows:
5.3. After ascertaining the reasons for submission of a complaint, i.e., on the date on which the service was not provided in the agreed or standard scope, quality, quantity and time, and depending on the given service, he/she will personally submit the complaint related to the given service to the booking office of the KOUTY Centre or by e-mail to email@example.com,
5.4. With regard to the nature of the service (limited time ski pass), the defects ascertained after expiry of the purchased ski pass shall not be accepted,
5.5. The KOUTY Centre after examination of the complaint shall promptly decide on the method of handling, but no later than within 30 days of its submission, taking into account the nature of the complaint and the concerned services. During the handling of the complaint, the customer is required to provide the documents related to the purchase of the performance and other necessary cooperation required by K3 Sport s.r.o.
Article 6 Solution of disputes
6.1. Any disputes that may arise between the operator and the customer shall be resolved by the competent courts of the Czech Republic.
6.2. Prior to the start of litigation before a general court, the customer-consumer is entitled in compliance with Act No 634/1992 Coll., on protection of consumers, to initiate an extrajudicial resolution of a dispute that he/she has failed to resolve directly with us. The competent authority for extrajudicial resolution of consumer disputes with our company is the Czech Trade Inspection Authority (coi.cz). More information about extrajudicial settlement of consumer disputes is available here.
6.3. According to Regulation (EU) No 524/2013, consumers in the EU also have the right to initiate extrajudicial settlement of disputes on-line via the ODR platform for on-line resolution of consumer disputes, which is available at ec.europa.eu/consumers/odr.
6.4. If you assume that your rights have been infringed upon, we recommend that you contact us directly at the e-mail address firstname.lastname@example.org, where we shall make an effort to solve all your complaints or proposals.
Article 7 Final Provisions
7.1. Besides the customer, these business terms and conditions also adequately apply to further users for whom the ski pass was purchased and who picked it up from the Kouty booking office in compliance with these conditions.
7.2. These business terms and conditions including all their annexes are valid for an indeterminate period and come into force on 7 November 2018.
7.3. Handling of the customer’s personal data is governed by the Rules for handling of personal data that are available here.
7.4. We reserve the right to amend these business terms and conditions at any time without prior consultation with our customers. Amendment of the business terms and conditions shall not impact already concluded contractual relationships.
7.5. In matters not regulated by these business terms and conditions, the rights and obligations of the parties are governed by the following: 1) Operating Rules of the Kouty Centre, 2) Legislation of the Czech Republic, particularly the applicable provisions of Act No 89/2012, Civil Code, and Act No 634/1992 Coll., on consumer protection, as amended.
7.6. Operator’s contact data: K3 Sport s. r.o., I. P. Pavlova 116, 779 00 Olomouc, e-mail: email@example.com, Telephone No: +420 602 322 244.