Terms of business of the company Via Musica s.r.o
with registered office at Na Kozačce 12/1272, Praha 2, 120 00, Czech republic
Company registration number: 05215684
VAT: CZ05215684
Registered in the Commercial Register maintained by the Municipal Court in Prague,
Section C, Entry no. 259323
For the provision of services via the website www.toursinprague.com
1.1. These Terms of Business (‘Terms of Business’) regulate the mutual rights and obligations of the parties arising from the conclusion and from Contracts for the Provision of Services concluded between the company Via Musica s.r.o, with registered office at Na Kozačce 12/1272, Praha 2, company registration number 05215684 (‘Provider’) and natural persons and legal persons as the Client (‘Contract for the Provision of Services’ and ‘Client’). The Terms of Business further regulate rights and obligations arising from the use of the Provider’s web presentation located at the internet address www.toursinprague.com (‘Website’) and other related legal relationships.
1.2. The provisions of the Terms of Business form an inseparable part of the Contract for the Provision of Services. A Contract for the Provision of Services and the Terms of Business are executed in Czech and English language. A Contract for the Provision of Services may be concluded in Czech and English language.
2.1. Service is the Provider’s service provided via the Website consisting of an opportunity to purchase a ticket or a voucher confirming that a ticket has been purchased for, in particular, tours, cultural and social events organised by a third party (‘Organiser’ and ‘Tickets’).
2.2. Contract with an Organiser is a contract, including an informal contract, between an Organiser and a Client in relation to the Client’s attendance at a cultural or a social event organised by the Organiser on the basis of a purchased Ticket. Rights and obligations of the parties arising from a Contract with an Organiser are governed, inter alia, by the Organiser’s terms displayed on the Website.
3.1. The Client makes an offer to conclude a Contract for the Provision of Services by completing a registration form and sending those details to the Provider by clicking the respective button (collectively ‘Order’). For the purposes of the Terms of Business, the details provided by the Client in an Order are deemed to be correct.
3.2. Following a receipt of an Order by the Provider, the Provider shall send to the email address provided by the Client in an Order (‘Client’s Address’) consent with the conclusion of a Contract for the Provision of Services (‘Acceptance’). Once Acceptance has been received by the Client, the Contract for the Provision of Services shall be concluded.
3.3. The Client agrees that the Provider may start providing the Service according to a Contract for the Provision of Services immediately after its conclusion, even if the statutory period for a withdrawal from the Contract for the Provision of Services has not yet expired. The Client acknowledges that if the Provider provides the Service before the period for withdrawal from a Contract for the Provision of Services has expired, by providing consent according to the previous sentence the Client shall forfeit their right to withdraw from a Contract for the Provision of Services.
3.4. The Client acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services, in particular with persons who have previously substantially their contractual or other obligations owed to the Provider.
3.5. The Client consents to the use of means of distant communication for the purposes of conclusion of a Contract for the Provision of Services. Any expenses incurred by the Client when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. the costs of an internet connection) shall be borne by the Client; such expenses shall not differ from the basic rate.
4.1. In a Contract for the Provision of Services, the Provider undertakes to provide the Service to the Client.
5.1. The Website specifies in relation to which Tickets is it possible to conclude a Contract with an Organiser, including details of prices of individual tickets. Ticket prices are specified in Czech Crowns and are inclusive of value-added tax and all related fees. Ticket prices displayed in other currencies are for information purposes only. Ticket prices remain valid for as long as they are displayed on the Website. The Website also specifies the applicable costs of delivery of a Ticket to the Client.
5.2. Any presentation of Tickets displayed on the Website is for information purposes only and the Organiser and the Provider do not have an obligation to conclude a contract in relation to such Tickets. A presentation of Tickets on the Website is not an offer to conclude a contract.
5.3. Prior to sending a Ticket Order, the Client shall be able to check and amend details which the Client has inserted into the Order as per the Client’s entitlement to check and correct errors made when inserting data into an Order. The Client shall send the Order by clicking the respective button. The Provider shall deem the details provided by the Client in an Order to be correct.
5.4. The Client acknowledges that there is no legal right to conclude a contract with an Organiser. In some cases, the sale of a Ticket to the Client may be postponed until the Organiser has approved the sale of such Tickets.
5.5. The Client acknowledges that their rights and obligations arising from a contract with an Organiser apply directly to an Organiser; the Provider does not have an obligation to ensure that the Organiser complies with the same. The Organiser reserves the right to change the terms of a cultural or a social event.
5.6. The Client can pay the price of a Ticket by a payment card or via a third-party payment system. Any discounts from a Ticket price may not be mutually combined. Where a discount from a Ticket price is provided on the basis of the Client’s status (age, studies, etc.), the Provider may request the Client to provide valid evidence of the Client having such status. Should the Client not be able to provide evidence of such status to the Provider, the Client may be asked to pay the outstanding balance up to the full Ticket price. If the Client does not settle the price difference immediately, the Provider shall not allow the Client to attend the cultural and social event and the Client shall not be entitled to a refund of the ticket price.
5.7. A Ticket may be provided to the Client in electronic form for printing, in electronic form suitable for mobile devices, or in hard copy. If the event that the Provider has not delivered a Ticket to the Client, the Client must contact the Provider without undue delay.
5.8. If a voucher has been purchased, such a voucher must be exchanged for a Ticket with the Organiser no later than twenty (20) minutes before the beginning of the cultural or social event to which the voucher applies.
5.9. The Client may not copy or alter a Ticket in any way. An altered or a copied Ticket shall not be valid and the Organiser shall not allow the Client to attend a tour or enter the cultural or social event with no right to a refund.
5.10. If the event that the Client does not arrive on time to the tour meeting point or cultural or social event venue, the Organiser may not allow the Client to attend such tour or cultural or social event; the Client shall not be entitled to a refund of the Ticket price in such circumstances.
5.11. In circumstances where the Organiser becomes obliged to refund the Ticket price paid by the Client or its part, the payment (refund) of the monies to the Client may take place via the Provider if the Organiser and Provider agree so. In such circumstances, payment can be made to the Client only after the Organiser has canceled a planned event with the final effect and upon the Client’s request; no other person apart from the Client may request a refund from the Provider.
5.12. If the requirements specified by clause 5.11 of the Terms of Business are satisfied, the Provider shall pay the relevant amount to the Client no later than within thirty (30) days of receiving the same from the Organiser.
5.13. The Client acknowledges that if the Client is a consumer, the Client may not withdraw from a contract for the use of free time if the Organiser performs such a contract in a specified period time, i.e. that the Client who is a consumer may not withdraw from a contract with the Organiser.
5.14. The Client acknowledges that, in most circumstances, the Organiser does not allow the Client to photograph or to make audio-visual recordings of a tour or other cultural or social event. Similarly, in most circumstances, during a tour and other cultural or social event, the Organiser does not allow the use of electronic devices that could disrupt such a cultural or social event.
6.1. The Provider is not obliged to provide the Service in the event that its provision is prevented by issues on the part of the Client or on the part of other persons. The Provider is thus not obliged to provide the service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
6.2. The Provider may provide the Service via third parties.
6.3. When using the Service, the Client may not use mechanisms, tools, programs or processes which have, or may have an adverse effect on the operation of the Provider’s equipment or safety of the internet or internet users.
6.4. The Tours in Prague Gift Certificate (`Certificate´) can be used for online purchase only once, the Certificate is valid for one year and the Certificate can be used to pay for an unlimited number of tickets.
6.5. An unredeemed Certificate cannot be exchanged for another and cannot be refunded. Also tickets for tours and activities paid via the Certificate cannot be changed or returned.
6.6. In the event that the value of the Certificate exceeds the value of the order you cannot use the Certificate later for another online purchase and the remaining value of the Certificate cannot be returned or refunded.
6.7. In the event that the value of the order exceeds the total value of the Certificate, this difference can be paid by using a payment card.
6.8. A Certificate can only be redeemed when making an online purchase at www.toursinprague.com.
7.1. The rights and obligations of the contractual parties relating to the Provider’s liability for defects of Services are governed by the relevant generally binding legislation, in particular provisions of the Civil Code and the Consumer Protection Act, as amended. The Client shall exercise their rights against the Provider arising from the Provider’s liability for defects of the Service by writing to the Provider’s registered office address or by sending an email to the contact address (clause 14.6) (warranty claim).
7.2. The Client acknowledges that the Client’s rights and obligations against the Provider are governed by a contract with the Provider and that the Client may enforce their rights arising from such a contractual relationship directly against the Provider.
8.1. The Provider shall not require a deposit or a similar payment in connection with a Contract for the Provision of Services.
8.2. In their relation to the Client, the Provider is not bound by any codes of conduct.
8.3. The Provider handles complaints made by consumers via the contact email address (clause 14.6). The Provider shall send notification of the outcome of a Client’s complaint to the Client’s email address.
8.4. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, company registration number: 000 20 869, internet address: http://www.coi.cz has jurisdiction to settle out of court consumer disputes arising from a Contract for the Provision of Services. The platform for the settlement of disputes online located at the internet address http://ec.europa.eu/consumers/odr may be used to settle disputes between the Provider and the Client.
8.5. The European Consumer Centre Czech Republic, with a registered address at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and Amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.6. The Provider is authorised to carry on it´s business on the basis of a trade license. Trade control is carried out by the respective trade authority within their jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection carries out, to a specified extent, inter alia supervision over compliance with Act no. 634/1992 Coll., on Consumer Protection, as amended.
9.1. The Client consents to the sending of information relating to the Provider’s services or business to the Client’s email address, as well as to the sending of commercial communications by the Provider or third parties to the Client’s email address.
9.2. The Client consents to the saving of so-called cookies on their computer. Cookies are small files that allow the Provider and parties advertising on the Website to recognise the Client’s web browser when communicating with the Website and to subsequently use certain functions of the Website or the Service. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the Client’s computer, the Client may withdraw their consent under the first sentence of this paragraph at any time.
10.1. A Contract for the Provision of Services enters into effect as soon as it has been concluded.
10.2. The Provider may terminate a Contract for the Provision of Services if the Client breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation. Termination of a Contract for the Provision of Services according to this clause becomes effective as soon as it has been served on the other contractual party. Unless agreed otherwise, the Contract for the Provision of Services shall be discharged as soon as such notice becomes effective.
10.3. The Client acknowledges that once the Provider has provided the Services according to Contract for the Provision of Services (i.e. secured tickets or vouchers for the Client), in accordance with section 1837 a) of the Civil Code, the Client may not withdraw from a Contract for the Provision of Services (clause 3.3). In the event that the Provider has not yet performed the Services (i.e. secured tickets or vouchers for the Client), a Client who is a consumer may withdraw from a Contract for the Provision of Services within a period of fourteen (14) days of the conclusion of the Contract. In order to withdraw from a Contract for the Provision of Services, the Client may use the template form provided by the Provider which forms Schedule no. 1 to the Terms of Business.
10.4. A discharge of a Contract for the Provision of Services for any reason shall have no effect on the rights and obligations arising from a contract with an Organiser.
11.1. The Client acknowledges that, without the Provider’s prior written consent, the Client may not use texts, graphic works, or other objects protected by copyright located on the Website over and above the extent specified by applicable law.
11.2. The Client acknowledges that the Website may not be accessible continuously, in particular, due to the essential maintenance of hardware and software belonging to the Provider or third parties.
12.1. Unless agreed otherwise, all correspondence relating to a Contract for the Provision of Services must be served on the other contractual party in writing by email, in person or by recorded delivery via an operator of postal services (at the sender’s choice). If email is used for service, the Client shall be served at the email address specified in an Order.
13.1. The contractual parties have agreed that legal relationships relating to the use of the Website and legal relationships arising from a Contract for the Provision of Services shall be governed by Czech law, in particular by the Civil Code. The Contracting Parties have agreed that the legal relationships relating to the use of the website and the legal relationships established by the Service Level Agreement are governed by Czech law, in particular by the Civil Code. The choice of law according to the preceding sentence does not deprive the Customer, who is a consumer, of the protection which is provided to it by the provisions of the legal order from which it is not possible to contractually deviate and which, in the case of the non-existence of the choice of law, would otherwise be applied according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
13.2. The contractual parties have agreed that disputes arising from legal relationships relating to the use of the Website and legal relationships arising from a Contract for the Provision of Services shall be decided by general courts of the Czech Republic.
13.3. Schedule no. 1 – Form for Withdrawal from a Contract for the Provision of Services by a Consumer forms an inseparable part of the Terms of Business.
13.4. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions. Amendments to a Contract for the Provision of Services or the Terms of Business must be made in text form.
13.5. A Contract for the Provision of Services including the Terms of Business is archived by the Provider in electronic form and it is not publicly accessible.
13.6. The Provider’s contact details are: Address: Na Kozačce 12/1272, 120 00 Praha 2, e-mail address: tickets@viamusica.cz, telephone number +420 601 333 626.
In Prague on July 21, 2016
14. Schedule No. 1 to the Terms of Business: Form for Withdrawal from a Contract for the Provision of Services by a Consumer: to be sent to tickets@viamusica.cz