Terms and conditions for Adrop s.r.o. ("OP") customers
These OPs of 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) regulate the mutual rights of Adrop and the interested party(customer) in the mediation(mediation contract) of contracts for the purchase of goods and services or tours of travel agencies(purchase contract) offered by suppliers on the Adrop website and in the use of the Adrop website www.adrop.cz or www.adrop.sk or any other website(online shop). Goods, services and tours will be referred to as experiences by these OPs.
The statutory provisions governing the legal status of consumers shall apply to a customer who is a natural person and uses the online shop outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession.
The parties exclude the validity of the customer's terms and conditions.
Before concluding a contract of sale between the customer and the supplier, the customer is obliged to acquaint himself with the supplier's terms and conditions, if any.
Mediation contract concluded with Adrop
The subject matter of the brokerage agreement is Adrop's obligation to arrange for the receipt of the experience request from the customer for the supplier, Adrop's obligation to arrange for the customer to enter into a purchase agreement with the supplier, to arrange contact between the customer and the supplier, to provide an online shop for payment for the experience and to hold the price of the experience until the booking of the experience has been made.
The subject of the mediation contract is also Adrop's obligation to accept reports, requests, claims for performance or non-performance of the experience (complaints), claims for defects in the goods, withdrawal of the customer within the statutory time limit for distance contracts and in other cases provided for by law, contract, purchase contract, which the supplier has authorised Adrop to do.
The customer concludes the mediation contract by entering the online shop or by logging into the customer's account. The customer also agrees that he/she has read and agrees to the content of these T&C.
Adrop is entitled to unilaterally change or amend the wording of the T&C, the changes are effective upon their publication in the online shop. Adrop shall inform the Customer about the change of the T&C by publishing the new version of the T&C in the online shop or in another way so that the Customer can get acquainted with the current version of the T&C.
Online shop
Adrop operates an online shop where it provides customers and suppliers with the opportunity to conclude a purchase contract.
Adrop sets up an account for customers in the online shop. During the registration process, the customer chooses a login name and a security password to log in to the online shop. The customer is not authorised to disclose the login name and/or password to any other person, except to his employees and collaborators who are authorised to bind him.
Adrop is not a supplier of customer experiences. Adrop shall not be responsible for the performance of its obligations under the Purchase Agreement, nor shall Adrop be liable for any damages incurred by Customer under or in connection with the Purchase Agreement.
Adrop is not obliged to ensure the uninterrupted operation of the online shop and is entitled to terminate or interrupt the operation of the online shop at any time, or not to allow the customer or supplier access to the account.
The content that appears in the online shop for the experience is created by the supplier and Adrop is not responsible for it.
The Customer shall comply with the safety instructions and other instructions in the description of the Experience for the duration of the Purchase Agreement.
All materials, information and copyright works in the online shop are the sole intellectual property of Adrop or third parties. Such materials, information and works of authorship 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 experience.
Experience purchase agreement with the supplier
The conclusion of the purchase contract occurs upon completion of the order by the customer and payment of the price of the experience. The order is a proposal to enter into a purchase contract. The purchase contract is concluded upon confirmation of the order by the supplier, where Adrop represents the supplier in this negotiation. The Supplier reserves the right not to accept the order and not to conclude the purchase contract without giving any reason.
If the customer incorrectly provides the customer's email when ordering the experience, the supplier shall not refund the price paid for the experience and shall not be liable for damages incurred in connection with or as a result of the provision of the incorrect email, even if the email is returned to Adrop as undeliverable.
The end user of the experience who is the recipient of the experience but has not ordered the experience only becomes the beneficiary of the purchase contract when he/she agrees to the purchase contract, in particular by booking the experience on www.adrop.cz/rezervace, booking the date of the experience, extending the validity period of the experience, taking up the performance of the experience or taking delivery of the goods, whereby the end user also agrees to the content of the mediation contract, the purchase contract, these T&C and the supplier's terms and conditions, if any. The end user of the experience is also referred to in these T&C as the customer.
Price and payment terms
The prices in the online shop are quoted in CZK, including all statutory charges and including value added tax and other statutory payments. If there is a difference between the price in aggregate before the binding order with payment obligation and the price in the online shop, the price in aggregate before the binding order shall prevail.
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) Payment from the credit in the customer's account,
i) By any other method indicated in the online shop.
A flat delivery fee will be added to the price, determined according to the delivery method chosen for the goods, gift package and/or experience package, if delivery is ordered.
In the event that the price is not duly and timely paid in full, the Supplier shall not be obliged to perform and shall be entitled to withdraw from the Purchase Agreement via Adrop.
The "Twisto" payment is provided by Twisto payments a.s., ID No.: 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 online shop and upon subsequent approval of the request by Twisto, he/she accepts the "General Terms and Conditions for Customers of the "TWISTO " service".
Delivery
The Customer can order the delivery of an experience in a gift or experience package (gift package) in the online shop.
The Supplier delivers the experience or Adrop gift pack in one of the following ways:
a) By post to the address provided by the customer in the order;
b) Personal collection at the premises - the Customer is entitled to collect the experience at Adrop's premises at any time during working hours, within 14 days of ordering, unless otherwise agreed;
c) Delivery by e-mail.
The experience is shipped to the customer within the timeframe specified in the online shop.
The gift 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 of the experience.
Delivery shall be deemed to have been received by the customer or other person present at the time of delivery at the address provided by the customer in the order. The customer or other person acknowledges receipt of the experience by signing.
The Supplier shall be entitled to verify the age of the customer through Adrop in connection with the conclusion of the purchase contract, in particular in connection with the sale of alcoholic beverages and tobacco, by consulting the customer's identity document. If the customer does not prove the required age, the supplier is entitled to withdraw from the contract and to claim compensation for the costs incurred in the performance of the purchase contract. Adrop reserves the right to restrict the mediation of the sale of certain goods to other types of goods.
Proposal of the date of the experience (reservation)
A condition for the fulfilment of the experience with the supplier is the booking of the date of the experience during the validity period of the experience. The period for booking the experience date may be shorter than the validity of the experience, in particular because the experience is only offered in high season. If the experience is provided only in season, this shall be stated in the description of the experience.
The customer is obliged to propose the date of the experience in the online shop at least three weeks before the intended fulfilment of the experience and at least three weeks before the end of the validity of the experience. If the information about the experience or the description of the experience in the online shop states that the experience is provided in season, the customer must make the proposal for the date of the experience 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, at the earlier time. The customer is not entitled to propose an experience date for a day after the end of the experience or after the end of the season if the experience expires before the start of the new season.
By proposing a date for the performance of the experience, the customer to whom the right under the purchase contract has passed expresses his/her agreement to these T&C and that he/she has read them.
Adrop will send a summary to the email address provided by the customer upon receipt of the experience proposal. The booking of the experience date is completed when Adrop, on behalf of the Supplier, sends a confirmation of the experience date to the email provided by the Customer. By confirming the date of the experience, the reservation becomes binding and can only be changed by agreement between the customer and the supplier.
If the confirmation of the booking date is not sent to the customer by e-mail, the booking is not booked and the supplier is not obliged to perform.
If the online shop indicates in the description of the experience a different method of designing the date of the experience, this other method shall take precedence over the method described in these GTC.
If the customer proposes a booking date for the day before the expiry of the withdrawal period of a purchase contract concluded by distance method and Adrop confirms this date on behalf of the supplier, the customer expressly agrees that the experience shall be performed before the expiry of the withdrawal period.
Cancellation by the supplier
The Supplier always has an interest in the experience taking place on the booked date, however, the Supplier is entitled to cancel the date of the experience as set out below. Unless otherwise stated below, the customer shall not be entitled to compensation for costs incurred in connection with the cancelled booking.
The Supplier is entitled to cancel the date in the following cases:
(i) If the Supplier cancels an Experience Date more than 72 hours prior to the agreed Experience Date, the Customer has the right to arrange a new Experience Date within the validity of the Experience.
(ii) If the Supplier cancels the Experience date 72 hours or less before the agreed Experience date, in particular due to refusal to provide the Experience, closed Experience facilities, non-functioning Experience items, etc., the customer has the right to a refund of the Experience price or a credit refund. If the Supplier cancels the experience date 24 hours or less before the agreed experience date, the Supplier undertakes to fulfil the customer's rights under the first sentence in addition to the reimbursement of the costs incurred by the customer in connection with the non-use of the booked experience.
(iii) If the Supplier cancels the date of the experience due to an extraordinary, unforeseeable or unavoidable obstacle beyond the Supplier's control ("force majeure") that prevents the performance of the obligation under these GTC, in particular earthquakes, landslides, volcanic eruptions, storms, blizzards, downpours, floods and flood, lightning strike, power failure, epidemic, pandemic, national bankruptcy, civil unrest, strikes, coups, revolutions, declaration of martial law, declaration of 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 the force majeure has ceased. 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.
(iv) If the Supplier cancels an Experience due to the termination or discontinuation of the provision of the Experience by the Supplier, the Customer shall be entitled to a refund of the price of the Experience or a refund for credit. The Supplier will notify the Customer of cancellation for these reasons as soon as it becomes aware of the termination or interruption from the Supplier.
If the Supplier cancels the Experience, the time limitation on the validity of the Experience shall not apply.
In the event of cancellation of the experience date due to force majeure, the customer shall not be entitled to 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 a new date for the experience or to reimbursement of travel costs.
If the Supplier specifies other or additional conditions for cancelling the experience date in the online shop for the experience or in its own booking system, this other or additional method shall prevail over these T&C.
Cancellation by the customer
The customer is entitled to cancel the experience in the following cases:
(i) If the Customer cancels an Experience Date more than 72 hours before the agreed Experience Date, the Customer has the right to arrange a new Experience Date within the validity of the Experience.
(ii) If a customer cancels an experience date 72 hours or less before the agreed experience date, the customer is not entitled to a replacement date or a refund of the experience price or credit.
If the Supplier specifies a different or additional method of cancelling the Experience Date in the online shop for the Experience or in its own booking system, that different or additional method shall take precedence over these T&Cs.
Fulfillment of the experience
The Supplier 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 intoxicating substances or if the Customer is medically unfit to use the Experience, in which case the Customer shall be in breach of the Purchase Agreement and the Supplier shall not be obliged to refund the price of the Experience. The medical fitness of the customer shall be decided by the supplier or the person who manages the experience at the place of performance (instructor).
It is the customer's responsibility to assess whether they are medically and physically fit to participate safely in the experience. Information on any restrictions and documents required for the experience (e.g. age, medical and physical fitness, medical examination) is provided in the online shop for the experience. The customer is obliged to present all necessary documents required to fulfil the experience and if they do not present them, the experience will not be provided and the supplier is not obliged to refund the price of the experience.
The customer shall provide a valid experience code before redeeming the experience. If the customer does not present a valid experience code before the experience is provided, the experience will not be fulfilled and the supplier is not obliged to refund the price of the experience.
A Customer who is under 15 years of age is only entitled to take the Experience when accompanied and supervised by a legal guardian or other adult, otherwise the Supplier 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 must provide written consent from a legal guardian to take the experience unaccompanied, otherwise the Supplier is not obliged to provide the experience and is not obliged to refund the price of the experience.
Duration of the experience and its extension
Once the experience expires, the customer's right to the experience expires and the supplier's obligation to fulfil the experience expires. If the experience expires, the customer shall not be entitled to a refund of the price of the experience.
The customer is entitled to request an extension of the validity of the experience according to the supplier's terms and conditions for the maximum fee set out in the online shop. The Supplier is not obliged to negotiate an extension. The experience cannot be exchanged back for money after the expiry date due to default.
The agreement to extend the validity of the experience must be concluded no later than 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 conclusion of the purchase agreement and before the extension of the experience, the customer is obliged to pay the difference in price to the supplier within 10 days of being asked to do so, otherwise the experience will not be extended.
Withdrawal from the purchase contract, consumer information
The consumer shall always assert his rights under the concluded purchase contract or any rights under liability for defects in performance with the supplier.
The consumer has the right to withdraw from the distance purchase contract without giving any reason within thirty days. This period shall end on the expiry of thirty days from the date on which the consumer or a third party appointed by him takes over from the carrier:
(i) the goods, or
(ii) the last piece of goods, if the consumer orders several pieces of goods under a single purchase contract which are delivered separately; or
(iii) the last item or part of a delivery of goods consisting of several items or parts; or
(iv) the first delivery of the goods where the contract of sale provides for the regular delivery of the goods over an agreed period of time.
The consumer has no right to withdraw from the contract of sale without giving any reason:
(a) for the provision of services, if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the consumer's prior express consent before the expiry of the withdrawal period and Adrop or the supplier has informed the consumer before the conclusion of the contract that the provision of the performance terminates the right to withdraw from the contract,
(b) the supply of goods or services the price of which depends on financial market fluctuations independent of the supplier's will and which may occur during the withdrawal period,
(c) for the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract with the proviso that delivery may not be made until after the expiry of thirty days and the actual value of which depends on market fluctuations independent of the will of the supplier,
(d) the supply of goods made to the consumer's requirements or adapted to his personal needs;
(e) the supply of perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery,
(g) the supply of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been broken by the consumer,
(h) the supply of an audio or visual recording or a computer program in sealed packaging if the consumer has broken it,
(i) the supply of newspapers, periodicals or magazines, except for subscription contracts for their supply,
(j) for accommodation, carriage of goods, hire of a means of transport, meals or leisure activities, if the contract is to be performed on a specific date or within a specific period,
(l) the supply of digital content which is not delivered on a tangible medium after performance has begun; in the case of performance for consideration, if it has begun with the prior express consent of the consumer before the expiry of the withdrawal period, the consumer has been informed that the right to withdraw from the contract is thereby extinguished.
The consumer shall inform the supplier in writing of his withdrawal from the contract and shall be entitled to use the model form for withdrawal without giving reasons as set out in the Annex below.
Unless the supplier expressly undertakes to assume the costs of returning the goods, in the event of withdrawal without giving any reason, the consumer shall bear the costs of returning the goods, even in a situation where the goods can be returned by normal postal means due to their nature.
The supplier shall reimburse to the consumer within 14 days of withdrawal without reason all monies received from the consumer, including any delivery costs, at the rate of the cheapest delivery method offered by the supplier. The supplier shall not return the funds before the consumer has handed back the goods or proved that he has dispatched the goods.
In the event of cancellation of the contract of sale and subsequent return of the goods, the customer shall be liable for any diminution in the value of the goods resulting from the handling of the goods.
The consumer may always withdraw from the tour contract prior to the commencement of the tour, but the supplier as tour operator may only withdraw if the tour has been cancelled or if the consumer has breached his obligation. The consumer may withdraw from the tour contract for a reason other than the supplier's breach of duty or without giving a reason, even if he could not otherwise withdraw without giving a reason, but he shall be obliged to pay the supplier a cancellation fee, which the supplier shall specify in the tour confirmation. The amount of the indemnity must be reasonable. If no severance payment is agreed, it shall be equal to the price of the tour less the cost savings and the income from the substitute use of the tourism services. At the consumer's request, the supplier as tour operator shall justify the amount of the severance payment. The consumer shall not be obliged to pay the cancellation fee if he/she makes use of the statutory cancellation option in the cases referred to in Section 2531(2) of the Civil Code, i.e. (i) if the supplier as tour operator increases the price of the tour by more than 8%, (ii) if the supplier is forced to substantially change one of the main features of the tour due to external circumstances, or (iii) if the supplier cannot meet the consumer's specific requirements which he/she has accepted. In addition, in accordance with the provisions of Section 2535 of the Civil Code, the consumer has the right to withdraw from the tour contract before the start of the tour without payment of a cancellation fee if unavoidable and extraordinary circumstances have arisen in the destination or the immediate surroundings of the trip or stay which have a significant impact on the provision of the tour or on the transport of persons to the destination or stay. In such a case, the consumer shall be entitled to a refund of any payments made for the tour, but shall not be entitled to compensation. The supplier, as tour operator, shall be entitled to withdraw from the contract if (a) the number of persons registered for the tour is less than the minimum number specified in the contract and the supplier has notified the consumer of the cancellation of the tour within the period specified in the contract, which shall not be less than (i) twenty days before the start of the tour in the case of journeys lasting more than six days, (ii) seven days before the commencement of the tour in the case of journeys lasting between two and six days, (iii) forty-eight hours before the commencement of the tour in the case of journeys lasting less than two days, or (b) is prevented from performing the tour by unavoidable and extraordinary circumstances and has notified the consumer of the cancellation without undue delay before the commencement of the tour. In such cases, the Supplier, as tour operator, shall reimburse the consumer for any payments made for the tour, but shall not be liable to the consumer for damages.
The consumer is entitled to withdraw from the purchase contract if the supplier breaches an obligation under the purchase contract in a material way. In such a case, the consumer must withdraw from the purchase contract without undue delay after becoming aware of the breach of contract.
Liability for defects, complaints and complaints procedure, consumer information
The Supplier is liable for defects in the experience that it has in its performance (delivery). The experience may have defects in quantity, quality and/or workmanship. If quality and workmanship are not agreed, the supplier shall perform in the usual quality. A tour is defective if any of the tourism services included in the tour are not provided in accordance with the purchase contract.
The supplier is liable to the customer that the goods:
(a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
(b) it is fit for the purpose for which the Customer requires it and to which the Supplier has agreed;
(c) is supplied with the agreed accessories and instructions for use and maintenance.
The supplier shall be liable to the customer that, in addition to the agreed characteristics:
(a) the goods are fit for the purpose for which goods of this kind are normally used, having regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards;
(b) the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the customer can reasonably expect, even in the light of public statements, in particular advertising or labelling (the supplier is not bound by a public statement if he proves that he was not aware of it or that it was modified at the time of the conclusion of the contract of sale in a manner at least comparable to that in which it was made or that it could not have influenced the purchase decision),
(c) the goods are supplied with accessories, including packaging, instructions and other instructions for use which the customer can reasonably expect,
unless the supplier has specifically advised the customer prior to the conclusion of the purchase contract that a feature of the goods is different and the customer has expressly agreed to this when concluding the purchase contract.
The Supplier shall not be liable for defects in the goods caused by improper use or for any damages resulting therefrom.
If a defect becomes apparent within one year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the customer cannot use the goods, if he has rightly complained about the defect.
The customer may complain of a defect which becomes apparent in the goods within twenty-four months of receipt. The customer shall not be entitled to the right of defective performance if he himself caused the defect. A defect in the goods is not wear and tear caused by normal use or, in the case of second-hand goods, wear and tear corresponding to the extent of their previous use.
If the goods are defective, the customer may demand that they be removed. He may, at his option, require the supply of new goods without defect or the repair of the goods, unless the chosen method of remedying the defect is impossible or disproportionately expensive compared with the other method; this shall be assessed in particular having regard to the significance of the defect, the value which the goods would have had without the defect and whether the defect can be remedied by the other method without considerable difficulty for the customer. The supplier may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the goods would have had without the defect.
The supplier shall remedy the defect within a reasonable time after the defect has been identified so as not to cause the customer significant inconvenience, taking into account the nature of the goods and the purpose for which the customer purchased the goods. The Supplier shall take over the goods at its own expense to remedy the defect.
The customer may demand a reasonable discount or withdraw from the contract if
a) the supplier has refused to remedy the defect,
(b) the defect is repeated,
(c) the defect is a material breach of the purchase contract; or
(d) it is apparent from the supplier's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the customer.
The customer may not withdraw from the contract if the defect is insignificant.
If the customer withdraws from the contract, the supplier shall refund the purchase price to the customer without undue delay after he has received the goods or after the customer has proved to him that he has dispatched the goods.
If the guarantee is not stipulated in the contract, the supplier may assume it by a declaration in the guarantee certificate. If the supplier, as the provider of the guarantee, warrants that the goods will retain their functions and performance under normal use for a certain period of time, the consumer is at least entitled under the guarantee to have new goods delivered without defects or to have the goods repaired. The indication of the guarantee period or the expiry date of the goods on the packaging of the goods also has these effects. The longer warranty period shall always apply. The indication of the expiry date of the goods on the goods, in the instructions accompanying the goods or in advertising available at the latest at the time of conclusion of the purchase contract shall also be deemed to constitute the provision of a guarantee. If the content of the guarantee contained in another guarantee statement is less favourable to the consumer than the content of the guarantee made in the advertisement, the content stated in the advertisement shall prevail, unless it has been subsequently modified in the same or comparable manner as the advertisement before the conclusion of the mediated contract.
As soon as the consumer discovers a defect in the goods, he shall without undue delay bring it to the attention of the supplier and hand over the goods to the supplier, or store them in accordance with the supplier's instructions or otherwise deal with them in a suitable manner so that the defect can be examined(complaint). If the consumer has rightly complained to the supplier about the defect, the period for complaining about the defect shall not run for the period during which the consumer cannot use the defective goods. The consumer shall complain about the defect in writing to the supplier's registered office.
The consumer is obliged to inform the supplier of the right he has chosen when pointing out the defect or without undue delay after pointing out the defect. If the consumer so requests, the supplier shall confirm to the consumer in writing in the purchase contract to what extent and for how long his obligations in the event of defective performance continue.
The supplier shall be obliged to issue a written confirmation when a claim is made, stating the date on which the consumer made the claim, what the content of the claim is, the method of claim requested by the consumer and the consumer's contact details for the purpose of providing information on the handling of the claim.
The complaint, including the rectification of the defect, must be settled and the consumer must be informed thereof within 30 days of the date of the complaint, unless the supplier agrees with the consumer on a longer period. The time limit for settling the complaint shall run from the date of the complaint.
After the expiry of the time limit, the consumer may withdraw from the purchase contract or demand a reasonable discount.
The supplier must issue the consumer with a confirmation of the date and manner of the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.
The consumer shall without undue delay bring the defect in the tour to the attention of the supplier as tour operator. At the same time, the consumer shall set a reasonable time limit for the rectification of the defect, unless the supplier refuses to rectify the defect or immediate rectification is required. The consumer also has the right to complain about the defect via Adrop.
The supplier, as tour operator, shall remedy the defect in the tour unless this is not possible or the remedy requires disproportionate costs in view of the extent of the defect and the value of the travel services concerned.
If the supplier as tour operator fails to remedy the defect within the time limit, the consumer shall have the right to remedy the defect himself and to claim compensation for the necessary costs. In the case of a material defect, the consumer may withdraw from the contract without payment of compensation.
If, after departure, there are material defects in the tour, the supplier, as tour operator, shall offer the consumer, at no additional cost to the consumer, a suitable alternative solution, preferably of the same or higher quality than that agreed in the contract, so that the tour can continue; this shall also apply where the consumer's return to the place of departure is effected by means other than those agreed. If the proposed alternative solution is of a lower quality than that specified in the contract, the supplier, as tour operator, shall grant the consumer a reasonable discount. The consumer may only reject the proposed alternative solution if it is not comparable to what was agreed in the contract or if the discount granted is not reasonable.
If the tour involves the carriage of passengers, the supplier shall in such a case provide the consumer with transport to the place of departure or to another place agreed between the parties without undue delay and at no additional cost to the consumer.
If, due to unavoidable and exceptional circumstances, the consumer's return cannot be ensured in accordance with the contract, the supplier, as tour operator, shall bear the cost of the necessary accommodation, preferably in an equivalent category, for a maximum of three nights per consumer. Where longer return periods are laid down in the European Union legislation on passenger rights relating to the means of transport concerned, those periods shall apply.
The limitation of the amount of the costs referred to in the preceding paragraph shall not apply to persons with reduced mobility within the meaning of Article 2(a) of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility in air transport, and to any persons accompanying them, pregnant women and unaccompanied minors, as well as to persons requiring special medical assistance, provided that they have made their special needs known to the supplier at least forty-eight hours before the commencement of the tour.
The supplier, as tour operator, may not waive the previous obligation as a result of unavoidable and extraordinary circumstances, unless such circumstances are in favour of the carrier concerned under European Union law.
If the tour has a defect and the Consumer has pointed it out without undue delay in accordance with paragraph 4.14, the Consumer is entitled to a price reduction in an amount proportionate to the extent and duration of the defect. In the case of the Consumer's right to a discount, no account shall be taken of the provision of a limitation period of less than two years.
Credit
A credit is a payment that the consumer receives for money already paid towards the price of the experience and refunded, in particular in the event of withdrawal from the contract or exchange of the experience. It is also a payment that Adrop has transferred to the customer as a reward for fulfilling an obligation or for another reason (bonus). The customer can use credit to pay for experiences.
The management of Credit is not subject to any fee obligation, except for the payment of fees in special cases as defined in the online shop.
In the event that the balance of the Credit in the Customer's account rises above the limit of EUR 1,000 including VAT, Adrop reserves the right to prevent the further addition of the Credit above this specified amount, at the same time as the Customer is entitled to return the Credit or part thereof to the bank account used by the Customer to load the Credit during the existence of the Customer's account.
The customer shall have access to view the credit balance and to a summary of the transactions made in the customer's account.
Customer agrees that Adrop is not responsible for:
(a) any temporary inoperability, unavailability or poor availability of the Credit Service;
b) any leakage of the Customer's Credit information due to force majeure or misuse of access by a third party through no direct fault of Adrop;
c) unauthorised manipulation of Credit due to inadequate security of the Customer's access data;
d) any other consequence of the use of the Credit service without a causal connection to Adrop's actions.
Adrop shall be entitled to cancel the Customer's Credit Service without giving any reason and to refund the funds to any bank account used by the Customer in connection with the Credit Service, except for Credit earned by the Customer by changing the Experience.
In the event that the Customer requests Adrop to refund funds in the Customer's account, the Customer must specify the amount requested to be refunded and the reason for the refund. Such notice must be sent in writing to Adrop's headquarters. Adrop will not refund Credit earned by the Customer by changing the Experience.
Credit that the Customer has acquired by cancelling the Contract or by changing the Experience and is not used up (used to pay for the Experience) within 12 months of uploading to the Customer's account will be forfeited. The validity period of the bonus is determined by Adrop at the time the bonus is converted to Credit and is forfeited upon expiration. The Credit balance in the Customer's account is reduced by the amount of the forfeited Credit.
Experience exchange
There is no legal right to exchange an Experience unless the exchange is agreed as a special service. The customer is entitled to propose the exchange of the experience as a special service at the latest on the last day for booking.
However, a customer who has a customer account with Adrop is entitled to propose an agreement to terminate the purchase contract to the supplier via Adrop prior to the booking of the experience. If the Supplier agrees to terminate the Purchase Agreement without fulfilling it, Adrop will increase the credit on the Customer's account by the price of the Experience.
Credit earned from the exchange of an experience is not convertible into money.
Special arrangements applicable to the "VR for You" experience
If the Customer enters into a contract with the Supplier for a "VR for You" experience, the Supplier undertakes to provide the Customer with an experience package consisting of a virtual reality headset (goggles), a connection device (called a "VR headset"), a virtual reality headset (called a "VR headset") and a VR headset (called a "VR headset"). 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.
The experience is fulfilled by the supplier delivering the VR set to the customer at the place of performance of the experience and allowing the customer to use the VR set temporarily for the period agreed in the contract.
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.
The customer is obliged to provide the supplier with the cooperation to deliver the VR set to the place of performance and to take delivery of the VR set. The Customer shall inspect the contents and condition of the VR Set upon delivery to the Experience Venue and shall inspect 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 the supplier 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 the Supplier.
The VR set is intended solely for the purpose stated in the instructions for use. If the purpose is not stated, the VR set is intended solely for the usual use resulting from its nature (i.e. for the use of pre-installed applications, in particular games, in virtual reality). 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 is obliged to secure the area in which the VR set is to be used at his/her own expense and responsibility 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 to ensure that the area has a suitable and safe surface on which it is particularly impossible to slip or otherwise injure oneself. 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, tamper 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.
The Customer shall be liable for any damage caused to the VR Set and/or its components or its software and other equipment by him or any third party to whom the Customer makes the VR Set available and/or allows the use thereof in any way, including damage caused by improper or negligent handling. The Customer shall be liable for damages arising from the Customer's failure to return the VR Set to the Supplier in a proper and timely manner. The Customer shall be liable to pay for damage to the extent of the cost of repairing the VR Set or any part thereof and any associated costs or the cost of replacing the VR Set or any part thereof if repair is impractical, which shall be at the Supplier's discretion. If the VR Set or part thereof is destroyed, lost or stolen, the Customer shall be liable to pay damages in an amount equal to the value of the VR Set or part thereof at the time of the relevant event related to the obligation to pay damages.
In the event of a defect or damage to the VR Set, the Customer shall immediately stop using the VR Set and shut it down and immediately notify the Supplier, even if the damage is imminent, otherwise the Customer shall be liable for damages caused by late notification of the defect or damage or failure to take the necessary steps to prevent the damage.
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 GTC.
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 the supplier, i.e. prepare it for take-back by the supplier or carrier at the place of performance at the time specified by the supplier or carrier, unless otherwise agreed.
The Customer shall confirm the delivery of the VR set to the place of performance and its return by signing the relevant handover reports.
If so agreed in the purchase contract, the customer is obliged to provide the supplier with a cash deposit. The Supplier is not obliged to deliver the VR set to the Customer before the Customer has paid the security deposit. The Supplier shall return the security deposit to the Customer within 60 days of the date on which the Customer returns the VR Set. Interest on the security deposit shall be 0.01% per annum. The Supplier shall be entitled to unilaterally set off its claim for damages from the Customer and its other claims from the Customer arising in connection with the Experience against the Customer's claim for the return of the security deposit.
The Supplier shall be entitled to withdraw from the contract if the customer fails to use the VR set for the agreed purpose, fails to observe 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.
In the event that the contract ends before the originally agreed period of use of the VR set, the supplier 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 his possession. In the event that the customer fails to return the VR set in time, the supplier shall be entitled to demand that the customer pay the additional price for the experience also for the entire period of time that 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.
In addition to the specific provisions of this article, the other provisions of these T&Cs 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 GTC; the special provisions of this article shall prevail over the other provisions of these GTC.
Control, out-of-court resolution of consumer disputes
Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority (http://www.coi.cz) also checks compliance with consumer protection regulations and consumer protection rights are defended by consumer interest associations and other consumer protection bodies. The Czech Trade Inspection Authority (http://www.coi.cz) monitors compliance with legislation on technical requirements for goods and the safety of goods. Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz). Out-of-court handling of consumer complaints is handled by Adrop via its e-mail address mentioned above, or the customer may contact interest associations and other bodies working in the field of consumer rights protection. Adrop is not bound by any codes of conduct in relation to the customer, nor does it voluntarily adhere to any such codes.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Adrop and the consumer or between the supplier and the consumer under a purchase contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 online dispute resolution for consumer disputes).
Processing of personal data
The controller of personal data is Adrop (hereinafter: "thecontroller").
Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements.
The controller processes personal data provided by the customer or personal data obtained by the controller on the basis of a contract. The controller processes the data necessary for the performance of the contract.
The lawful basis for processing personal data is
a) performance of the contract between the customer and the controller;
The purpose of the processing of personal data is
a) the execution of the order and the exercise of the rights and obligations arising from the contractual relationship between the customer and the controller;
The controller retains personal data for the period necessary to exercise the rights and obligations arising from the contract and to assert claims arising from these contractual relations.
The recipients of personal data are persons involved in the delivery of goods / services / execution of payments under the contract, providing services for the operation of the online store and other services in connection with the operation of the online store.
In relation to the personal data processed, the customer has the following rights:
(a) the right of access to their personal data;
b) the right to rectification of personal data;
c) the right to erasure of personal data;
d) the right to object to processing;
e) the right to data portability;
f) the right to withdraw consent to processing in writing or electronically to the address or email of the controller;
g) the right to lodge a complaint with the Data Protection Authority if the customer believes that the right to data protection has been violated.
The controller declares that it has taken all appropriate technical and organisational measures to secure personal data. The controller has taken technical measures to secure data storage and storage of personal data in paper form. The controller declares that only persons authorised by the controller have access to the personal data.
Final provisions
This OP is governed by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2014.
In Liberec on 1 April 2023
