Terms and Conditions
These Terms and Conditions ("T&C") regulate the rights and obligations arising from the contract for the supply of goods or services or from the lease contract pursuant to Article 10 of these T&C ("Contract") concluded between the commercial company Adrop s.r.o. with registered office at Vinohradská 2165/48, 120 00 Prague 2, ID No. 27312925, registered in the Commercial Register maintained by the Municipal Court in Prague, Insert C, Section 152307 ("Adrop") and the Customer.
Adrop discloses that there is no restriction on the delivery of goods or provision of services ("experience"), unless otherwise stated for each offer in the online shop.
Adrop does not charge any additional fees for remote means of communication or similar payments, but will charge the cost of delivery. Adrop does not require a deposit or similar payment, except for payment later pursuant to Article 4 and security deposits pursuant to Article 10.11 of these T&Cs, for the experience or goods the customer pays in advance. Prices are quoted in CZK including all charges provided for by law.
If the consumer is a party to the contract, he/she is entitled to withdraw from the contract in accordance with Article 6.2 of these GTC. In the event of withdrawal from the contract, the consumer shall bear the costs of returning the goods, unless otherwise stated in the online shop.
The validity of the experience is limited. The period for making a reservation may be shorter than the validity of the experience, in particular because the experience is provided only in high season.
Adrop shall be entitled to refuse to fulfil the experience if the customer or other persons present with the customer are under the influence of alcohol, drugs or other addictive or narcotic substances or if the customer is medically unfit to use the experience, in which case Adrop shall not be obliged to refund the price of the experience. The medical fitness of the customer shall be determined by the person managing the performance of the experience at the place of performance. If the customer provides an incorrect customer email when purchasing or booking an experience or purchasing goods , Adrop will not refund the price paid for the experience and will not be liable for any damages incurred as a result of providing an incorrect email, even if the email is returned as undeliverable.
If the party to the contract is a consumer, the contract is governed by Act No. 89/2012 Coll., Civil Code, as amended ("CC"), and Act No. 634/1992 Coll., Consumer Protection Act, as amended. If the consumer is not a party to the contract, the relationship is governed by the CC.
1. Definition of terms
1.1 The customer is the person who buys or intends to buy an experience or goods.
1.2 The customer is the client or the person to whom the contract is to be performed.
1.3 A consumer is any person who, outside the scope of their business or independent exercise of their profession, enters into a contract with Adrop or otherwise deals with Adrop.
1.4 An experience is a service provided by Adrop to a customer.
1.5 Supplier means a person who supplies goods or an experience to Adrop and provides services at the place of performance. The supplier may be Adrop directly in specified cases.
1.6 Online shop is the website www.adrop.cz where the customer can purchase the experience or goods.
1.7 Gift pack is a package containing information about the experience and the period of validity of the experience, the experience code, these T&Cs and a withdrawal form.
1.8 A Universal Experience is an Experience that can be exchanged for another Experience during the validity period with or without a price supplement.
1.9 An experience package is a shipment containing items used to fulfill an experience that Adrop sends to the customer after the purchase of the experience during the experience fulfillment period in cases where Adrop is the supplier.
2. Information on data protection
2.1 In accordance with the Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"), Adrop hereby informs that for the performance of a contract, for the implementation of pre-contractual measures, for the fulfilment of a legal obligation or for reasons of legitimate interest, it will process personal data of natural persons in the following scope: name, surname, date of birth, place of residence, email address, telephone. Personal data are categories of address and identification.
2.2 Adrop informs that:
(i) the personal data will be processed for the purpose of: registration, processing of the offer, conclusion of the contract, performance of the contract, making the reservation, informing the experience provider of the customer's arrival for the performance of the experience, delivery of the goods or handling of the complaint, on the basis of some legal ground for processing;
(ii) other recipients of personal data include: an Adrop accounting advisor, an Adrop tax advisor, an Adrop service provider, an Adrop IT specialist, a carrier or a postal licensee;
(iii) will process the personal data for the duration of the contract and for a further 3 years after the end of the contract;
(iv) the customer has the right to request from Adrop access to personal data, rectification, erasure, restriction of processing of personal data; the customer also has the right to object to the processing of personal data and to the portability of personal data to another controller;
(v) providing personal data is not an obligation and if the customer provides personal data with consent, the customer has the right to withdraw consent,
(vi) the customer has the right to lodge a complaint about the processing of personal data with the Office for Personal Data Protection, at Pplk. Sochora 27, 170 00 Prague 7, www: https://www.uoou.cz;
(vii) there is no automated decision-making or profiling of customers.
(viii) the customer has the right to obtain confirmation from Adrop as to whether or not personal data are processed or copies of the personal data processed.
2.3 Requests, objections and other assertions of rights may be sent to Adrop's head office or by email to: gdpr@adrop.cz
2.4 Adrop further discloses that an individual has the right to have personal data erased if
(i) the personal data are no longer necessary for the purpose for which they were processed,
(ii) the individual withdraws consent and there is no further legal basis for the processing,
(iii) the individual objects to the processing of personal data processed by Adrop on the basis of a legitimate interest of the controller or objects to automated individual decision-making or profiling,
(iv) the personal data have been unlawfully processed,
(v) the personal data must be erased to comply with a legal obligation,
(vi) personal data have been collected in connection with commercial communications.
2.5 The Customer, together with his/her consent to these T&Cs, acknowledges that Adrop is entitled to use his/her e-mail in connection with the sale of services or goods for the purpose of disseminating commercial communications relating to similar services or goods purchased by the Customer, pursuant to Section 7(3) of Act No. 480/2004 Coll. on Certain Information Society Services and on Amendments to Certain Acts, as amended. The customer is entitled to withdraw consent.
2.6 The Online Shop uses cookies to personalise advertisements and to analyse traffic. By using the online shop, the customer agrees to the use of cookies.
2.7 We determine your satisfaction with your purchase through email questionnaires as part of the Customer Verified program in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use a processor, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address to the processor for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.
3. Conclusion of the contract
The subject matter of the contract is Adrop's obligation to deliver the experience or goods to the customer, the customer's obligation to pay the price for the experience or goods and to redeem the experience or goods on the terms and conditions set out in these T&Cs.
An order is a proposal to enter into a contract. The contract is concluded upon confirmation of the order by Adrop. A customer who is not the customer becomes the beneficiary of the contract only when he or she agrees to the contract, in particular by logging in the experience code via Adrop at www.adrop.cz/rezervace, booking the date of the experience, extending the validity period of the experience, starting to perform the experience or taking delivery of the goods. The customer is obliged to make the customer aware of the contract and these T&C. Until the customer agrees to the contract and these T&Cs, the customer has the rights under the contract.
3.1 Order
An order for an experience or goods can be placed (i) by using the order form in the online shop, (ii) by email, (iii) by telephone or (iv) in person.
By ordering by telephone or e-mail, the Customer confirms that he/she has read the OP in the Online Shop and that he/she agrees to enter into a contract on the terms and conditions set out therein. If this is stated in the description of the experience in the online shop, the customer is also obliged to read the supplier's terms and conditions, which are communicated by Adrop, and to comply with the obligations stated therein. The contract between Adrop and the customer is concluded by payment in the case of a telephone or e-mail order.
3.2 Order confirmation
Confirmation of the order is made by Adrop by e-mail. Adrop reserves the right not to confirm or accept the order and not to conclude the contract, even without giving reasons.
3.3 Execution of the contract
Adrop will fulfil the experience for the customer who will take the experience at any time during the validity period of the experience. Adrop will fulfil the rental experience by delivering the experience package to the customer at the place of fulfilment of the experience. Adrop will fulfill the delivery contract by the customer taking delivery of the goods from Adrop or the supplier.
It is the customer's responsibility to assess whether they are medically and physically fit to safely participate in the experience. Information about any restrictions and documents required to perform the experience or use the goods (e.g. age, medical and physical fitness, medical examination) is provided in the offer in the online shop for the experience or goods. The customer is obliged to present all the necessary documents required to participate in the experience.
Adrop shall not be obliged to refund the price of the experience if the customer fails to present valid or complete documents required in connection with the experience.
The customer uses the experience entirely at his/her own risk. The customer is obliged to attend the place of performance of the experience at his/her own expense at the agreed time.
The customer shall present a valid experience code prior to taking up the experience. If the customer does not present a valid experience code before the experience is provided, the experience will not be fulfilled and Adrop is not obliged to refund the price of the experience.
A customer who is under the age of 15 is only entitled to take the experience if accompanied and supervised by a legal guardian or other adult, otherwise Adrop is not obliged to fulfil the experience and is not obliged to refund the price of the experience.
A customer who is under 18 years of age and over 15 years of age is required to provide written consent from a legal guardian to take the experience unaccompanied, otherwise Adrop is not obligated to fulfill the experience and is not obligated to refund the price of the experience.
3.4 Validity of the experience
The validity period of the experience and the universal experience is specified in the experience information. After the expiry of the validity period of the experience, the customer's right to the experience expires and Adrop's obligation to fulfil the experience expires. The period for making a reservation may be shorter than the validity of the experience, in particular due to the fact that the experience is provided only in high season.
In the event of the expiry of the experience period, the customer is not entitled to a refund of the price of the experience.
3.5 Extension of the validity of the experience
The customer is entitled to request an extension of the validity of the experience. Adrop is not obliged to negotiate an extension. Adrop may extend the validity of the experience for a further 6 months at a price of CZK 690 or for a further 1 year at a price of CZK 990, and only once. The experience cannot be exchanged back for money.
The agreement to extend the validity of the experience must be concluded no later than on the last day of the validity of the experience. The agreement can be concluded in the online shop. Should the price of the experience be changed after the agreement has been concluded and before the experience has been extended, the customer is obliged to pay the difference in price to Adrop within 10 days of Adrop's invitation, otherwise the experience will not be extended.
The validity period of the experience that the customer exchanges for a universal experience is the same as the validity period of the universal experience.
4. Price and payment terms
The price is specified in the order. The price in the order takes precedence over the price in the online shop.
The price may be paid by any of the following methods:
a) Payment by credit card online in the online shop,
b) Payment by card at the Adrop store,
c) Transfer from a bank account,
d) Voucher (benefits, meal vouchers, cheques),
e) Cash to courier,
f) Cash at the Adrop store,
g) Payment by "Twisto",
h) By any other method indicated in the online shop.
A flat fee will be added to the price, depending on the method of delivery chosen for the goods, gift package and/or experience package, if delivery is ordered.
If the Customer selects the option to pay for the experience or goods later ("Deferred Payment") in the Online Shop, the Customer is only obliged to pay the deposit at the time of ordering and to pay the remainder of the price within the time period specified at the time of ordering to Adrop's bank account.
In the event that the price is not duly and timely paid in full, Adrop shall not be obliged to perform and shall not be obliged to refund the deposit or other payments made for the experience.
The "Twisto" payment is provided by Twisto payments a.s., company ID: 01615165, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 19085, with registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 ("Twisto") on the basis of an assignment of the claim for payment of the purchase price with extended maturity to Twisto, under the terms and conditions set out in the General Terms and Conditions for Customers of the "TWISTO" service. By opting for the Twisto service, the Customer declares that he/she is of legal capacity and over 18 years of age, and is aware that the "Twisto" payment service is intended only for persons meeting the above requirements. In the event that the Customer uses the "Twisto" service facilitated by Adrop and provided by Twisto, the Customer is obliged to make payment (i.e. the total purchase price and shipping costs) within 14 days of the date of dispatch of the goods or ordering of the experience. The Customer acknowledges that in the case of the use of the "Twisto" service, the order of the goods or experience is binding and does not serve as a reservation. The Customer agrees that by selecting the Twisto service in the Adrop shopping cart and upon subsequent approval of the request by Twisto, he/she accepts the "General Terms and Conditions for "TWISTO " customers.
5. Delivery of goods and gift or experience package
5.1 Delivery to the delivery address
Adrop undertakes to deliver the goods or the gift package, if issued, to the customer at the place indicated in the order as the place of delivery, and the experience package to the place indicated by the customer in the online shop as the place of fulfilment of the experience. If the supplier is Adrop directly and the customer purchases the experience directly for themselves, the gift pack is not issued.
The gift pack or experience package is dispatched no later than 3 working days after the following conditions have been met: (i) confirmation of the order and (ii) receipt of payment of the price to Adrop's account.
The goods are dispatched to the customer within the terms specified in the online shop, otherwise immediately upon delivery by Adrop's supplier.
Delivery of the Goods, Gift Package and/or Experience Package shall be deemed to be acceptance by the Customer or other authorised person present at the place of delivery or place of performance at the time of delivery. The customer or other person shall acknowledge receipt of the goods, gift package and/or experience package by his/her signature.
5.2 Personal collection at the branch
The Customer is entitled to collect the goods, gift package and/or experience package at Adrop's registered office at any time during business hours, unless otherwise agreed with Adrop, within 14 days of ordering.
5.3 Delivery by e-mail
Delivery by e-mail may be chosen if the online shop offers it and if the nature of the experience makes it possible.
6. Withdrawal from the contract
6.1 Withdrawal from the contract by Adrop
Adrop has the right to withdraw from the contract in the following cases:
(i) In the event of cancellation of the provision of the experience
Adrop reserves the right to cancel the provision of the experience or the sale of goods at any time. Adrop shall inform the customer of the cancellation of the provision of the experience or sale of goods within 5 days of Adrop becoming aware of the cancellation. In this case, the customer is entitled to a refund of the price paid.
The customer is entitled to order another experience or goods instead of a refund. The customer shall pay any difference in price of the experience or goods. Adrop will refund the overpayment to the customer.
(ii) Due to a material breach of contract by the customer
Adrop is entitled to withdraw from the contract in the event of a material breach of duty by the customer. In particular, a material breach of duty is the case when the customer fails to submit the proper documents required for the performance of the experience, fails to appear at the place of performance on the booked date, appears at the place of performance in a state unfit for the performance of the experience, in particular when the customer is under the influence of alcohol, drugs or other addictive or narcotic substances, or when other persons present with the customer are under the influence of alcohol, drugs or other addictive or intoxicating substances, the customer uses the experience package or its contents in violation of the contract, a customer under 15 years of age attends without a legal guardian, a customer under 18 years of age and over 15 years of age attends without the written consent of a legal guardian, or in any other case where it is stated that Adrop will not refund the price of the experience or any other payment. In the cases mentioned in this paragraph, Adrop will not refund the price of the experience.
(iii) Due to an undisputed clerical error
Adrop shall be entitled to withdraw from the contract if the customer has purchased an experience or goods at a price that is clearly not the normal price and there is no doubt that this is a clerical error. In particular, the price is clearly not an order of magnitude lower than the normal price, where it is clear that the price of the experience or goods in the online shop or on the purchase receipt is missing a digit in the purchase price due to a clerical error.
6.2 Withdrawal from the contract by the customer
The customer has the right to withdraw from the contract in the following cases:
In the event of a material breach of contract by Adrop. In this case, the customer is entitled to a refund of the price paid.
A customer who is a consumer has the right to withdraw from the contract, without giving any reason and without any penalty, within the following period:
(i) 14 days from the conclusion of the contract for the experience in case he/she has used the Deferred Payment as per Article 4 of these T&C for payment , or
(ii) 30 days after the conclusion of the experience contract; or
(iii) in the case of withdrawal from the contract for the goods, within 14 days of receipt of the goods, unless otherwise specified in these T&C.
The above applies if the contract was concluded by distance, in particular in an online shop or by telephone.
If the consumer decides to exercise the right of withdrawal, he/she is obliged to notify Adrop of the withdrawal, e.g. by e-mail or post. He is entitled to use the withdrawal form for this purpose. In the event of withdrawal, the consumer shall bear the costs of returning the goods or gift package and, in the case of a contract concluded by means of distance communication, the costs of returning the goods or gift package if the goods or gift package cannot be returned by normal postal means due to their nature. The consumer shall pay a proportionate part of the price of the experience for which performance has already begun. The consumer shall not have the right to withdraw from the contract if the experience has been fulfilled with his prior express consent before the expiry of the withdrawal period
In particular, the start of the experienceshall be deemed to be the consumer's prior express consent .
Adrop is not obliged to refund the price of the experience or the goods if it does not receive the gift package, if delivered, or the goods.
The customer returns the goods complete and in undamaged condition. Upon cancellation and subsequent return of the goods, the customer shall be liable to Adrop for any diminution in value of the goods resulting from the handling of the goods.
7. Reservation of the date, cancellation of the reservation
7.1 Booking a date
The customer is obliged to make a reservation proposal at least three weeks before the intended use of the experience and at least three weeks before the end of the experience. If the information about the experience or the description of the experience in the online shop states that the experience is offered in high season, the customer must make the booking proposal no later than the time stated in the information about the experience or in the description of the experience in the online shop, and if the times differ, then at the earlier time. If Adrop is the supplier of the experience and the customer is contracting for himself, the customer must make the booking proposal at the same time as the contract is concluded, within 30 days at the latest.The customer is not entitled to book the experience for a date that occurs after the end of the validity of the experience or after the end of the season if the experience expires before the start of the new season. The booking proposal is made in the online shop and by booking the customer agrees to these T&C.
Upon receipt of the booking proposal, Adrop will send a summary of the booking to the email provided by the customer. The reservation is completed when Adrop sends a confirmation of the reservation to the email provided by the customer. By confirming the reservation, the reservation becomes binding. If a booking confirmation is not sent to the customer's e-mail, the booking is not booked and Adrop is not obliged to fulfil it.
If Adrop specifies a different method of booking for a particular experience in the online shop , this other method shall take precedence over these T&C. This applies in particular to the bungee jumpingexperience .
If the proposed booking date precedes the expiry of the withdrawal period pursuant to Article 6.2 of these T&C, the customer expressly agrees that the experience shall be fulfilled before the expiry of the withdrawal period.
If the customer arranges the booking date directly with the supplier, Adrop is not obliged to confirm the booking to the email provided by the customer. The customer is also obliged to negotiate any changes to the booking date directly with the supplier.
7.2 Cancellation by Adrop
Adrop always has an interest in the experience taking place on the booked date, but is nevertheless entitled to cancel the booking as set out below. Unless otherwise stated below, the customer shall not be entitled to compensation for any costs incurred in connection with the cancelled booking.
(i) If Adrop cancels a booking more than 3 days before the agreed date of the booked experience, the customer has the right to arrange a new booking date within the validity of the experience. In this case, the limitation on the booking period set out in Article 7.1 of these T&Cs shall not apply.
(ii) If Adrop cancels the reservation between 3 days and 24 hours inclusive before the agreed date of the booked experience, the customer has the right to arrange a new date of the experience within the validity of the experience and to a bonus.
(iii) If Adrop cancels a booking less than 24 hours before the agreed date of the booked experience, the customer is entitled to a new booking date within the validity of the experience, a bonus and reimbursement of travel costs in the amount proven.
(iv) If Adrop cancels a booking due to an extraordinary, unforeseeable or unavoidable obstacle arising independently of its will ("force majeure") that prevents Adrop from fulfilling its obligation under these T&Cs, in particular earthquakes, landslides, volcanic eruptions, windstorms, blizzards, downpours, floods, lightning, power failure, epidemics, pandemics, national bankruptcy, civil unrest, strikes, coups, revolutions, declaration of martial law, declaration of a state of emergency, other extraordinary measures of public authorities, outbreak of war, the customer has the right to arrange a new date for the experience after a force majeure. Force majeure under these T&Cs includes inclement weather for experiences whose proper execution or safety is adversely affected by weather or any other reason stated in the description of the experience in the online shop. In the event of cancellation due to force majeure, the customer is not entitled to a bonus or reimbursement of travel costs.
(v) If Adrop cancels a booking due to the termination or interruption of service by the supplier, then the customer has the right to arrange a new date at another performance location within the validity of the experience or to change the experience. In this case, the limitation on the booking period set out in Article 7.1 of these T&Cs shall not apply. Adrop will notify the Customer of the cancellation of the booking for these reasons as soon as it becomes aware of the termination or interruption. For the avoidance of doubt, in this case, the Customer is not entitled to a bonus or reimbursement of travel costs.
If the Supplier fails to arrive at the place of performance of the Experience on the date of performance of the Experience, the Customer shall inform Adrop immediately, within 3 days at the latest, otherwise the Customer shall not be entitled to arrange a new booking date within the validity of the Experience or to reimbursement of travel costs.
7.3 Cancellation by the customer
(i) If the customer cancels the reservation more than 4 days before the agreed date of the booked experience, then the customer has the right to arrange a new date within the validity of the experience.
(ii) If the customer cancels the booking 4 days or less before the agreed date, the customer is not entitled to a replacement date or a refund of the price of the experience.
If Adrop specifies a different cancellation policy for a particular experience in the online shop, that other method shall take precedence over these T&Cs. This applies in particular to the bungee jumping experience.
8. Change, complaints procedure, out-of-court dispute resolution, liability for damages, contractual penalty
8.1 Change
If the customer wishes to change the experience for another, it is possible to choose another experience at the same or higher price than the original experience. The customer shall pay the difference in price, if any. The change can be made up to the first booking proposal, except as per article 7.2 (v) of these T&C. For the avoidance of doubt, Adrop is not obliged to exchange the experience for money.
8.2 Complaints Procedure
The Customer must make a claim for an Experience or Goods in writing to Adrop without undue delay after becoming aware of the reason for the claim and, in the case of a claim for an Experience, within 5 calendar days of the provision of the Experience, unless otherwise stated. Later claims will be rejected by Adrop. The customer shall claim defects in particular by requesting a price reduction, repairing or returning the goods or withdrawing from the contract. In the complaint, the customer shall specify the experience number, if any, and describe the defects claimed. The customer must collect evidence of the defects (photographs, video footage, testimony, etc.) and submit it to Adrop with the complaint. Adrop is obliged to issue the consumer with a written confirmation of when the consumer exercised the right, what is the content of the complaint and what method of handling the complaint the consumer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. For consumers, Adrop will decide on the complaint immediately, or in complex cases within three working days. This time limit does not include the time, reasonable according to the type of goods or experience, required for professional
assessment of the defect. The complaint, including the rectification of the defect, must be settled without undue delay, within 30 days of the date of the complaint, unless Adrop agrees with the consumer on a longer period. Failure to meet this deadline in vain shall be deemed a material breach of contract. If the consumer does not use the experience without fault on Adrop's part or does not use it within the validity period, there is no right to a discount on the price of the experience or to withdraw from the contract. The complaint is made in person or in writing to Adrop.
The customer is liable for any diminution in the value of the goods complained of which is due to the handling of the goods in a manner other than that necessary in view of their nature and characteristics.
If the defect in the goods becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. This shall not apply to goods bearing a best before date, an expiry date or any other form of information of similar significance or to fresh goods intended for consumption within 24 hours.
The customer shall not have rights under defective performance if the defect is one which he should have known about with the exercise of ordinary care at the time of conclusion of the contract or which he himself caused.
The customer shall be entitled to exercise the right to claim for a defect that occurs in the goods within 24 months of receipt ("the warranty period"), with the exception of:
(i) goods for which a different period of time for which the goods may be used is stated on their packaging or in the instructions accompanying them, in the information in the Online Shop or in the information accompanying the goods or in the advertising in accordance with the law;
(ii) goods defective because the weight of the goods does not correspond to the weight of the goods ordered by the customer, provided that the weight deviation does not exceed 40% of the total weight of the goods;
(iii) wear and tear caused by normal use of the goods;
(iv) goods sold at a lower price because of a defect for which the lower price was agreed;
(v) where the nature of the goods so requires.
The warranty period runs from the handover of the goods. If the goods have been dispatched, the warranty period runs from the arrival of the goods at their destination.
Adrop shall not be liable for services provided by entities other than Adrop, in particular payment system operators, the "Twisto" service or delivery services (couriers), nor for any consequences of their actions, or the rights and obligations associated with these services or consequences.
The customer who is a consumer is entitled, in the event of non-acknowledgement of a claim or any other dispute with Adrop, to contact the independent consumer dispute resolution centre of the Czech Trade Inspection (ČOI) Central Inspectorate - ADR Department Štěpánská 15, 120 00 Prague 2 and initiate a free out-of-court negotiation process. Details on the conditions and the procedure for initiating out-of-court negotiations are available at www.coi.cz.
8.3 Liability for damages
A customer who has suffered an injury during the experience is obliged to claim compensation for the injury from the person who caused the injury.
If a supplier performs the experience for Adrop at the place of performance and if the customer is injured by the supplier, the customer is obliged to claim compensation from the supplier.
If the experience is performed directly by Adrop, in particular in the case referred to in Article 10 of these GTC, the customer is obliged to apply to Adrop for compensation.
The customer shall be liable to Adrop for any damage caused by the customer in connection with the experience, including damage to the experience package.
8.4 Contractual penalty
If it is stated in these OPs that Adrop does not refund the price of the Experience or any other payment (in particular the Deferred Payment Deposit as per Article 4 of these OPs), this means that Adrop is entitled to a contractual penalty from the Customer. The contractual penalty is agreed for a breach of an obligation for which the relevant provision of the OP states that the price of the experience or other payment is not refundable. The amount of the contractual penalty is equal to the price of the experience or the amount of other payment that is not refundable. Adrop is entitled to set off the penalty against any monetary payment to the customer.
9. Intellectual property
All materials and information in the online shop are exclusively the intellectual property of Adrop or third parties. Such materials and information may not be used or modified without the consent of Adrop. The Online Shop may contain links to other third party websites. Adrop is not responsible for the content of other websites or the services offered on them. Photographs may differ for some experiences from the actual course of the experience, but the content of the experience does not.
10. Special arrangements applicable to the "VR for You" experience
10.1 This experience is provided directly by Adrop. Povinností Adrop zajistit dodání zážitku se v tomto případě rozumí povinnost Adrop přenechat zákazníkovi k dočasnému užívání zážitkový balíček sestávající se z headsetu pro virtuální realitu (brýlí), propojovacího zařízení (tzv. The agreed price for the provision of the experience shall in this case, irrespective of the designation, be in the nature of a rental fee for the temporary use of the VR set.
10.2 The Experience is fulfilled by Adrop by delivering the VR Set to the Customer at the place of performance of the Experience and allowing the temporary use of the VR Set by the Customer for the period agreed in the Contract.
10.3 The hardware and software requirements of the customer's environment, which are prerequisites for the functionality of the VR set, are specified in the offer in the online shop for the experience. Defects caused by the customer's failure to meet these requirements are not defects of the VR set.
10.4 The Customer is obliged to provide Adrop with the cooperation to deliver the VR set to the place of performance and to accept the VR set. The Customer shall examine the contents and condition of the VR Set upon delivery to the Experience Venue and shall examine the functionality of the VR Set no later than after the VR Set has been plugged in at the Experience Venue, and the Customer shall plug in the VR Set at the Experience Venue immediately upon delivery of the VR Set to the Experience Venue. The customer must make a complaint about the experience in writing to Adrop without undue delay after becoming aware of the reason for the complaint and no later than the day the VR Set is delivered to the place of performance of the experience. Later claims will be rejected by Adrop. Complaints can be made by e-mail.
email to info@adrop.cz .
10.5 The VR set is intended solely for the purpose stated in the instructions for use. If the purpose is not stated here, the VR set is intended solely for the usual use resulting from its nature (i.e. to play pre-installed virtual reality games). When using the VR Set, the Customer shall observe the rules for its use, take proper care of it and use it only in a normal, safe and non-damaging manner. The Customer shall, at his/her own expense and responsibility, secure the area in which he/she will be using the VR Set in such a way that the area is completely safe when using the VR Set, i.e. in particular to ensure that there is nothing in the area that could be kicked, tangled or bumped into,
and that the area has a suitable and safe surface on which, in particular, it is not possible to slip. The customer shall prevent any damage to the VR set and secure it from damage, loss, theft or other risks. The customer is not entitled to alter, interfere with or make copies of the VR set and/or its components or its software and other equipment in any way. The Customer undertakes to ensure that all persons to whom it makes the VR Set available or in any way allows its use comply with all the terms and conditions for its use, including the terms and conditions set out in these T&C.
10.6 The Customer shall be liable to Adrop for any damage caused to the VR Set and/or its components or its software and other equipment by it or any third party to whom the Customer makes the VR Set available and/or in any way allows it to be used, including damage caused by improper or negligent handling. Customer shall be liable to Adrop for damages arising from Customer's failure to return the VR Set to Adrop in a proper and timely manner. The Customer shall be liable to pay for the damage in the amount of the cost of repairing the VR set or any part thereof and any related costs. If the VR Set or any part thereof is destroyed, lost or stolen, the Customer shall pay damages in the amount of
corresponding to the value of the VR set or part thereof at the time of the relevant event related to the obligation to pay damages.
10.7 In the event of a defect or damage to the VR Set, the Customer is obliged to immediately stop using the VR Set and shut it down and immediately notify Adrop, even if the damage is still imminent, otherwise Adrop is liable for damages caused by late notification of the defect or damage or failure to take the necessary actions to prevent the damage.
10.8 The period of time for which the customer is entitled to use the VR set is always a definite period and is specifically agreed in the contract concluded in accordance with the procedure set out in these T&C.
10.9 At the end of the period for which the Customer is entitled to use the VR set, the Customer shall be obliged to place the complete and clean contents of the VR set in the condition in which it was received, taking into account normal wear and tear caused by the proper use of the VR set, back into the storage box and return it to Adrop, i.e. prepare it for collection by Adrop or the Adrop carrier at the place of performance at a time specified by Adrop or the Adrop carrier, unless otherwise agreed.
10.10 The Customer shall confirm the delivery of the VR Set to the place of performance and its return to Adrop by signing the relevant Adrop protocols.
10.11. If so agreed in the contract, the customer is obliged to provide Adrop with a cash security. Adrop is not obliged to deliver the VR set to the customer before the customer has paid the security deposit. Adrop is obliged to return the security deposit to the Customer no later than 60 days from the date on which the Customer returns the VR set to Adrop. Interest on the security deposit is 0.01% per annum. Adrop shall be entitled to unilaterally set off its claim for damages and its other claims against the customer arising in connection with the experience against the customer's claim against Adrop for
the return of the security deposit.
10.12. Adrop is entitled to withdraw from the contract if the customer fails to use the VR set for the agreed purpose, fails to comply with the rules for use, fails to take proper care of the VR set and only use it in a normal, safe and non-damaging manner, if insolvency or enforcement proceedings are initiated against the customer, if the customer is declared bankrupt or if the customer enters liquidation.
10.13 In the event that the contract ends before the originally agreed period of use of the VR set, Adrop shall be entitled to a pro-rata refund of the price for the experience for the entire period of time the customer has had the VR set in their possession. In the event that the customer fails to return the VR set in time, Adrop shall be entitled to demand that the customer pay the additional price for the experience also for the entire period of time the customer has had the VR set in his possession after the expiry of the period agreed in the contract as the period of time for which the customer is entitled to use the VR set.
10.14. In addition to the specific provisions of this clause, the other provisions of these IP and the obligations set out in the offer for the experience in the online shop shall also apply to the experience in full. In the event of a conflict, the obligations set out in the offer for the experience in the online shop shall prevail over the special provisions of this article and the other provisions of these T&Cs; the special provisions of this article shall then prevail over the other provisions of these T&Cs.
11. Special provisions applicable to experiences such as Kutilbox, Gourmet, Gift Sets, etc.
11.1 Adrop's obligation to ensure delivery of the experience is understood in this case to mean Adrop's obligation to allow the customer to acquire ownership of the goods. For the purposes of this article, goods means in particular food, beverages, tobacco, etc.
11.2 Adrop shall deliver the goods according to the order into the customer's own hands, into the hands of the customer's legal representative or agent, or to a place agreed by both parties. A natural person over 18 years of age who resides in the customer's home or other premises at the customer's address may also take delivery of the goods on behalf of the customer.
11.3 Adrop is entitled to verify the age of the customer in connection with the sale of certain goods, in particular in connection with the sale of alcoholic beverages and tobacco, by consulting the customer's identity document. If the customer fails to prove the required age, Adrop is entitled to withdraw from the contract and to claim reimbursement of the costs incurred in fulfilling the order. Adrop reserves the right to restrict the sale of certain goods to other types of goods.
11.4 Adrop decides on the packaging method of the goods, unless the customer has chosen the packaging method in the Online Shop. Damage to the packaging of the goods is not a material breach of contract and is not grounds for withdrawal from the contract.
11.5 In the event of withdrawal from the contract, the customer may immediately hand over the goods to the person who handed them over on behalf of Adrop, and if this is not possible, then in accordance with the procedure set out in 6.2 of these T&C and send the goods at his/her own expense to the correspondence address ADROP.CZ Železná 830/12a, 460 01 Liberec I-Staré Město.
11.6 Perishable goods or goods that have been mixed after delivery cannot be withdrawn from the contract. Furthermore, the customer cannot withdraw from the contract for goods that have been delivered in a sealed package and that the customer has removed from the package.
11. 7 The customer returns the goods complete and in undamaged condition. When withdrawing from the contract and subsequently returning the goods, the customer is liable to Adrop for any depreciation in the value of the goods resulting from the handling of the goods.
11.8 The customer is obliged to inspect the delivered goods immediately upon receipt, in particular with regard to their characteristics and quantity, and to reproach Adrop for any defects found. If the goods on delivery to the customer are defective, e.g. "expired" (past their best before date, expiry date or other form of similar significance) or otherwise clearly unfit for use, the customer shall claim the goods from Adrop promptly, at the latest within 2 days of discovering the defect. In the case of fresh goods intended for consumption within 24 hours, the customer shall claim defects within 24 hours of receipt. The complaint procedure is governed by Article 8.2 of the PO. If the customer does not point out obvious defects in the goods when they are handed over and/or if it cannot be proven that the goods were already defective when they were handed over, Adrop is entitled to reject the claim.
The terms and conditions are valid as of 26 January 2022.
