General Business Terms and Conditions
The General Business Terms and Conditions (“GBTC”) are governed by the provisions of Act No. 89/2012 Sb., the Civil Code, and Act No. 634/1992 Sb., the Consumer Protection Act, as amended.GBTC are issued by MUZEUM českého granátu Praha s.r.o., Company Registration No.: 03316912, seated at Karlova 186/8, Staré Město, 110 00 Prague, entered in the Commercial Register at the Municipal Court in Prague, section C, file 230024.
The provisions of GBTC form an integral part of a contract for the purchase of entrance tickets.
GBTC regulate the contractual relationship between a person entering into the contractual relationship with MUZEUM českého granátu Praha s.r.o. (“the Client”), and MUZEUM českého granátu Praha s.r.o., within the sale of entrance tickets to the premises of MUZEUM českého granátu (“the MUSEUM”).
The MUSEUM is the only entity entitled to accept and handle any complaints of the client related to the interpretation or performance of these terms and conditions. The MUSEUM is not responsible for the failure to meet the obligations resulting from these terms and conditions caused as a result of an unforeseeable event, vis maior, or any act made by a person that has nothing in common with the organisation, course of visit or services provided on that occasion.
An entrance order, as well as the purchase of an entrance ticket at the MUSEUM´s entrance cash desks includes the acceptance of GBTC and special terms and conditions of the MUSEUM, which are available to clients at www.mcgp.cz, and which are effective on the date of making the order or purchase, unless otherwise stated by special provisions.
It has been explicitly stated that the information provided in the MUSEUM´s GBTC may be changed and that the client will be familiarised with them prior to the acceptance of the order. The purpose of these conditions is to inform clients about the description of the MUSEUM, especially to inform them on the prices, payment methods, conditions of withdrawal from the purchase contract and amendment of the contract. These terms and conditions may be changed in the case of campaigns for particular products or during particular seasons. For such campaigns, special conditions of sale are specified in a brochure or materials issued particularly for that occasion.
I – COMMON TERMS AND CONDITIONS FOR THE SALE OF ENTRANCE TICKETS TO THE MUSEUM´S PREMISES
The prices are stated in Czech crowns and/or in any other foreign currency, and reflect the tax rates applicable as at the date of sending the order. Following the date of sending the order by the client and due acceptance of the order by the MUSEUM in accordance with the provisions contained in these terms and conditions, or following the purchase of an individual entrance ticket at the MUSEUM´s entrance cash desk, via the Internet or any third person, which has entered into a distribution contract with the MUSEUM, the MUSEUM may not change the price of the entrance ticket.
Notwithstanding the foregoing, in case of changes in the tax rates, the MUSEUM may change the prices at any time. The prices include a single entrance to the MUSEUM´s premises; they do not include any other personal expenses. If the tariff conditions depend on the age of a child or children, the age of the child/children is determined as at the visit date. A document showing their date of birth may be requested; if it is not submitted, the adult tariff will be charged.
The client gives his/her consent to the use of remote communication means in making a contract for the purchase of entrance tickets via the MUSEUM´ s booking service. The expenses incurred by the client in using the remote communication means in order to make a contract for the purchase of entrance tickets (the costs of the Internet connection) will be paid by the client; such costs do not differ from the basic rate.
The price of entrance tickets and any costs connected with delivery thereof can be paid by the client to the MUSEUM in the following ways:
- In cash at the MUSEUM´ s cash desk, unless otherwise stated below;
- By noncash transfer by a debit card;
- By vouchers acceptable by the MUSEUM.
II – SPECIAL TERMS AND CONDITIONS FOR THE PURCHASE OF INDIVIDUAL TICKETS TO THE MUSEUM´S PREMISES
Entrance tickets can be bought at the MUSEUM´ s cash desk, via Internet at: www.mcgp.cz, or via third parties, which have entered into a distribution contract with the MUSEUM. The payment methods and special conditions of sale that are specific for the online purchase of entrance tickets (e-tickets) are described in detail on the relevant web site.
II.1 – Undated entrance tickets
Unless otherwise stated, undated entrance tickets will be valid for one year after the date they were bought, and may not be returned.
II.2 – Withdrawal from a contract for the purchase of tickets by the client – consumer
The client is not entitled to withdraw from the contract for the purchase of dated entrance tickets made via remote communication means pursuant to Section 1837(j) of Act No. 89/2012 Sb., the Civil Code.
However, the client – consumer is entitled to withdraw from the contract for the purchase of undated tickets made via remote communication means without stating reasons within 14 days. The period of notice referred to in the foregoing sentence will start to expire as of the date of the collection of the tickets. In order to observe the period of notice, the client only needs to send the notice of withdrawal from the contract prior to the expiration of the relevant period of notice. For the purposes of asserting the right of withdrawal, the client – consumer must inform the MUSEUM about such withdrawal from that contract at the address specified in Art. IV.11. of GBTC and the e-mail address: firstname.lastname@example.org in the form of a unilateral legal act (e.g. by a letter sent by post, facsimile or e-mail). The client – consumer may use the attached sample form for the notice of withdrawal; however, the client – consumer is not obliged to do so. If the client – consumer withdraws from the contract, he/she will send the tickets he/she had received back to the museum or deliver them to: Karlova 186/6, 110 00, Prague 1 – Staré Město, without undue delay, within 14 days after the withdrawal from the contract at the latest. The client – consumer bears any direct costs of returning the tickets.
If the client – consumer withdraws from the contract, the MUSEUM will refund all funds to the client, including the cost of delivery, which it had received from the client under the contract, in the same manner, without undue delay, within 14 days after the withdrawal and return of the entrance tickets. The funds can be refunded in another way only with the consent of the client – consumer, unless the client – consumer incurs any additional costs in connection therewith. If the client – consumer chose a method of delivery of the tickets other than the cheapest one offered by the MUSEUM, the MUSEUM will refund the costs of delivery of the tickets amounting to the costs of the cheapest offered method of delivery of tickets to the client – consumer.
The MUSEUM is not obligated to refund the accepted funds to the client – consumer before the client – consumer has delivered the tickets to the museum or before the client – consumer has proved he/she had sent the tickets to the latter.
IV – VARIOUS PROVISIONS
IV.1 – Late payment
In case of late payment by the client, the client is obligated to pay a late payment interest on the outstanding amount at the rate determined by the Government Decree pursuant to Section 1970 of the Civil Code.
IV.2 – Intellectual property rights
The client does not acquire any intellectual property right, especially the copyright, intellectual property rights, and is not granted any licence or any other permit to use the names, signs, symbols, logos, brands and other marks, which are the property of the MUSEUM.
IV.3 – Vis maior
The MUSEUM´ s management reserves the right to cancel any booking in case of an event caused by vis maior or unforeseeable events, which make it do so. Such events may include, but are not limited to: a strike, fire, water mains burst, loss of access, epidemic, decisions of authorities, etc. In that case, the MUSEUM may offer another date of visit.
IV.4 – Liability
The MUSEUM will not be liable for any damage caused by facts of a particular character, especially: fire and/or theft of things brought in, which had not been put in a cloakroom intended for that purpose.
Each visitor will be liable for any harm caused by him/her during the visit to the MUSEUM. The MUSEUM will decide about the conditions of the operation and maintenance of the MUSEUM (i) about the opening days and hours of the MUSEUM and attractions it offers, (ii) about the maintenance, repairs, restoration of any equipment owned or used by the MUSEUM, as well as (iii) about the application of regulations and rules related to health, safety, public presentation of attractions, performances and services provided to the MUSEUM´ s customers. In particular, the MUSEUM may decide to close the whole MUSEUM or its part it administers to the public, and to discontinue the provision of all or some of the offered services, such as restaurant services, for the period of time it deems necessary, especially due to acts related to the security or health of visitors, due to the maintenance, repairs, renovation, reconstruction of the whole equipment of the MUSEUM or any part thereof, as well as due to bad weather, public order, etc., without being liable and without enabling the client to ask for damages incurred on the basis of the foregoing. It has been explicitly stated, that the non-functioning of any part of the exposition is not the reason for the entrance fee refund.
IV.5 – Visitor´s Rules and Regulations
Each visitor must follow the MUSEUM´s Visitors´ Rules and Regulations, which are available for reference at the cash desks and put up at the entrance. The security service of the MUSEUM is entitled to guide any person, who violates the MUSEUM´S Visitors´ Rules and Regulations, out of the MUSEUM. Visitors guided out on the basis of the aforesaid reason are not entitled to receive the refund.
IV.6 – Complaints
Purchased tickets will not be returned and replaced, unless otherwise stated above. In case of damage, destruction, loss or theft of a ticket, the ticket will not be replaced with a new one, and the client will not receive any compensation.
In particular, the client is entitled to complain about any discrepancies in the amount of delivered tickets as compared with the client´s order.
Any complaint about the performance provided by the MUSEUM must be filed in writing or electronically and sent to the address specified in Art. IV.11. of GBTC or to: email@example.com, without undue delay after the visit to the MUSEUM. We recommend that the client should prove the existence and contents of the contractual relationship in a suitable way (e.g. by submitting the ticket, invoice, confirmation, voucher, etc.).
The MUSEUM or an employee authorised by it will decide on the complaint immediately; or within 3 working days in difficult cases. The period of time required for the expert consideration of the complaint, which is reasonable according to the type of the product or service, will not be included in the aforesaid period of time. The complaint, including the removal of the defect, must be settled without undue delay, within 30 days after the submission of the complaint at the latest, unless the MUSEUM and the client agree on a longer period of time.
IV.7 – Out-of-court settlement of consumer disputes
The MUSEUM hereby informs the client – consumer that he/she is entitled to assert his/her right to propose the commencement of out-of-court proceedings in the case of a consumer dispute arising out of a purchase contract made with the MUSEUM, within 1 year after the date when he/she asserted his/her right which forms the subject-matter of the dispute, with the MUSEUM for the first time. The Czech Trade Inspection Authority will have the subject-matter jurisdiction for the out-of-court settlement of consumer disputes arising out of purchase contracts made between the MUSEUM and the client – consumer.
The rules laid down by the Czech Trade Inspection Authority, which regulate the course of out-of-court settlement of consumer disputes, as well as the form for filing a suggestion, are available to the client – consumer on the Internet site of the Czech Trade Inspection Authority at: adr.coi.cz or www.coi.cz.
IV.8 – Protection of personal data
Pursuant to Act No. 101/2000 Sb., the Personal Data Protection Act (“the Act”), as amended, the MUSEUM processes the personal data of client, who provided those data in booking or purchasing entrance tickets to the MUSEUM´ s premises to the following extent: name, surname, address, e-mail, phone number for the purposes of performance of the contract, which the clients act as the parties to, or for negotiating about the conclusion of the contract or amendment of the contract made upon the client´s request. The personal data are processed without the data entities´ consent in accordance with Section 5(2)(b) of the Act.
The MUSEUM also processes the personal data of clients (name, surname and address) in order to offer products and services to the clients, without the clients´ consent in accordance with Section 5(5) of the Act. However, if a client expressed his/her disapproval in writing, the administrator must not process the relevant data.
The personal data are administered and processed by the MUSEUM. The personal data are processed on an automated basis in the electronic form.
The personal data processed by the MUSEUM will have no other recipients. The personal data are provided on a voluntary basis.
The MUSEUM hereby informs clients about their right to access their personal data, the right to correct the personal data, as well as other rights specified in Section 21 of the Act; in particular, if the client finds out or thinks the administrator or the processor processes his/her personal data contrary to the protection of the private and personal life of the client or contrary to the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the client may ask the administrator or the processor for explanation; request the administrator or the processor to remedy the situation, especially by blocking, correcting, completing or deleting the personal data.
IV.9 – Other rights and obligations
The MUSEUM is not bound by any codes of conduct with respect to the client within the meaning of the provisions of Section 1826(1)(c) of the Civil Code.
The MUSEUM provides the out-of-court settlement of consumers´ complaints via info.mcgp.cz. The MUSEUM will inform the client about the settlement of his/her complaint by sending a notice to the electronic address of the client.
The MUSEUM is entitled to sell entrance tickets and provide services on the basis of a trade licence. Trades are checked by the competent Trade Licence Office within its powers. The personal data protection is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, the compliance with Act No. 634/1992 Sb., the Consumer Protection Act, as amended, within its defined powers.
IV. 10 – Disputes
These General Terms and Conditions and the interpretation and application thereof are subject to the Czech law. If no amicable settlement is reached, the case will be forwarded to the competent courts of the Czech Republic.
IV.11 – MUSEUM´s contact details
MUSEUM´s contact details:
Mailing address: Karlova 186/8, 110 00, Praha 1 – Staré Město
Electronic mail address: firstname.lastname@example.org
Phone: +420 222 211 561
Prague, 4 July 2016