General Terms and Conditions for the sale of tickets for tours in the Klementinum
1 Introductory provisions
1.1 In accordance with section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), these General Terms and Conditions (hereinafter the “Terms and Conditions”) define the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between:
DREYER s.r.o.
with its registered office at Praha 4 - Kunratice, Golčova 1/2, postal code 148 00
Company ID: 63996782, DIČ: CZ63996782
Bank Code: 8040
Account Number: 2400000762
SWIFT: OBKLCZ2X
IBAN: CZ42 8040 0000 0024 0000 0762
registered in the Commercial Register lodged with the Municipal Court in Prague, Section C, File No. 39608
(hereinafter the “Seller”), as one party
and
a third party (hereinafter the “Purchaser”), as the other party
via the web portal or cash desk.
1.2 If a ticket is purchased in person through the cash desk, the contractual relationship is not subject to the provisions of these Terms and Conditions which, by reason of their nature, cannot be applied to such a contractual relationship.
1.3 The Terms and Conditions form an inseparable part of the concluded Purchase Contract.
1.4 The following definitions apply under these Terms and Conditions:
“normal ticket price” means a ticket price which is not a discounted ticket price or a skip the line ticket price.
“ticket holder” means a person who presents a ticket to enter a tour.
“purchaser” means a person who has concluded a Purchase Contract with the Seller.
“cash desk” means the Seller’s cash desk located at the Klementinum, Mariánské nám. 5, 110 00 Staré Město, with its opening hours listed on the web portal.
“tour” means the tour held in the Klementinum, Mariánské nám. 5, 110 00 Staré Město which is specified on the web portal at www.klementinum.com and at the cash desk.
“student” means a person under the age of 26 attending an educational institution.
“ticket” means a ticket in paper or electronic form entitling the ticket holder entry to one tour, which may be purchased via the web portal or at the cash desk.
“web portal” means the internet application hosted at www.klementinum.com which provides information about tours and may be used to order tickets for these tours.
“discounted ticket price” a reduced ticket price which may be purchased by a student or senior citizen aged 65 or over.
“skip the line ticket price” an increased ticket price which may only be purchased 15 minutes before the given tour starts.
1.5 Other terms not defined here will have their usual meaning, unless the context implies otherwise.
2 Conclusion of the Purchase Contract, payment terms, tickets
2.1 A ticket with the normal ticket price and/or discounted ticket price may only be purchased at the cash desk.
2.2 A ticket with the skip the line ticket price may only be purchased on the web portal.
2.3 All presentations of services on the web portal and at the cash desk are informative only and in no way constitute a proposal to conclude a contract; the Seller is therefore not obliged to conclude a contract for such services. The provisions of section 1732 (2) of the Civil Code do not apply.
2.4 The Purchaser purchases a ticket for a tour which has a specific date and time.
2.5 Unless explicitly stated otherwise, the purchase price includes the statutory VAT and all sales fees and is published on the web portal and at the cash desk.
2.6 To purchase a tour via the web portal, the Purchaser must register on the web portal, entering their identification and contact details and choosing a password to access their account. After registering, the Purchaser will be sent a confirmation of registration to the specified electronic mail address (hereinafter the “e-mail address”). In the registered account, the Purchaser may select a specific date for the tour, including the total number of tickets required.
2.7 If a ticket is purchased on the web portal, the Purchase Contract is concluded at the moment when the purchase price for all the tickets ordered by the Purchaser is paid to the Seller. The purchase price is paid at the moment when the funds are credited to the Seller’s account. The payment terms are specified in the relevant step of the order process on the web portal.
2.8 After the Purchaser selects the number of tickets, the total purchase price payable by the Purchaser will be displayed. After payment by debit or credit card, the Seller will promptly send the Purchaser a receipt and the ticket in PDF format to the Purchaser’s e-mail address. Before starting the tour, the Purchaser must present the ticket, either in paper form, i.e. the printed ticket sent by e-mail in PDF format, or in electronic form.
2.9 If the Purchaser enters incorrect information or if technical problems occur on the part of an internet or telecommunications service provider, the Seller is not liable for the delivery of the ticket to the Purchaser’s e-mail address.
2.10 The Seller draws attention to the fact that the sale of tickets via the web portal for a specific tour time closes 15 minutes before the start of the given tour.
2.11 The Seller is not liable for the validity or authenticity of tickets purchased outside the web portal or cash desk.
3 Rights and obligations of the contracting parties
3.1 The Seller reserves the right to change the time of the tours and to change the cash desk opening hours.
3.2 Tours are given in English only.
3.3 If a Purchaser buys 25 tickets for a tour in a single purchase, the Purchaser may request that the tour be given in a language of their choice; the Seller must be notified of this requirement at least 48 hours before the particular tour.
3.4 The ticket entitles the ticket holder to enter the tour according to the specifications stated on the ticket, which includes the precise date and time of the tour.
3.5 The ticket holder must arrive with a printed or electronic ticket at least 15 minutes before the start of the tour.
3.6 If the ticket holder does not arrive for the scheduled start of the tour (i.e. at the specific time for which the ticket is issued) at the tour’s venue at least 15 minutes before the start of the tour, the ticket holder may not enter the tour and the tour will be considered duly provided and the Seller will claim the full purchase price and the Purchaser or ticket holder may not claim a refund on the ticket price or a tour on a substitute date.
3.7 By presenting a ticket when entering the tour, the ticket holder agrees to the rules stated by the tour guide before the start of and during the tour and must comply with the operating and visitor rules in place at the site of the tour and all instructions given by the guide.
3.8 The ticket holder must refrain from touching any exhibits, to keep to the marked routes of the tour and to refrain from taking any photographs or videos in the Baroque library during the tour.
3.9 Animals are prohibited from entering the tour.
3.10 The ticket holder acknowledges that minors are the full responsibility of their legal guardian or escort.
3.11 If the ticket holder violates any of the operating and visitor rules of the tour site or the tour guide’s instructions, the Seller may impose a penalty, in particular, immediate expulsion of the offending ticket holder from the tour.
3.12 Before entering the tour, holders of tickets purchasable only by students or senior citizens aged 65 and over must present a valid form of identification or card entitling the ticket holder to the discount.
3.13 The ticket holder must familiarize themselves with the terms stated on the ticket and with the contents of these Terms and Conditions. The ticket holder must judge for themselves whether they are physically fit and healthy enough to take the tour. Each person participates in the tour solely at his or her own risk. The Seller advises the ticket holder that the tour includes an ascent up to the astronomical tower which involves climbing more than 170 steps and that this ascent is demanding and requires good physical fitness.
3.14 The ticket holder is liable for any damage he or she causes because of not abiding by the tour guide’s instructions before or during the tour, not following the rules specified by the tour guide before or during the tour, or not complying with the specified operating and visitor rules of the tour site.
3.15 If a person does not present a valid ticket for the relevant tour time before the start of the tour, this person will not be permitted to participate in the tour and the tour will considered duly provided and the Seller may claim the full purchase price of the tour.
4 Withdrawal from the Purchase Contract
4.1 The person who is the consumer acknowledges that under section 1837 (j) of Act No. 89/2012 Coll., the Civil Code, it is not possible to withdraw from a purchase contract concluded via the web portal according to the procedure specified in section 1829 of Act No. 89/2012 Coll., the Civil Code, as this is a contract on the use of leisure time, under which the entrepreneur provides the service at a specific time (as stated on the ticket).
5 Rules for claims
5.1 If the Seller does not fulfil its obligations under the Purchase Contract in a due and timely manner, the Purchaser may exercise the right of defective performance in a claim against the Seller (hereinafter the “claim”). The claim must be filed with the Seller without undue delay, although no later than within 30 days of the date of the tour, or, if the tour did not take place, the date on which the tour was due to take place.
5.2 All claims and queries must be delivered without undue delay by electronic mail to the e-mail address klementinum@dreyer.cz or in writing to the address Dreyer s.r.o., Golčova 1/2, 148 00, Praha 4 – Kunratice. The Purchaser must specify an e-mail address in the claim for communications between the Seller and the Purchaser concerning the claim.
5.3 The Seller must settle the claim within 30 days of receiving the claim. This deadline may be extended only with the Purchaser’s consent. If the claim is not settled within 30 days, the Purchaser has the right to withdraw from the Purchase Contract or to claim a reasonable discount on the purchase price.
5.4 After receiving the claim, the Seller will send to the Purchaser without undue delay confirmation of when the claim was filed, the content of the claim, and the requested means of settling the claim. The Seller will also send the Purchaser confirmation of the date on which the claim was settled and how it was settled. If a claim is rejected, the Seller will inform the Purchaser of the reasons for rejection.
5.5 If the tour is cancelled by the Seller, unless specified otherwise, the Purchaser must request a refund of the ticket price without undue delay, either in person from the cash desk, via electronic mail at klementinum@dreyer.cz or by calling +420 222 220 879.
5.6 If a ticket is passed on to someone else, the Purchaser must inform that person that if the tour is cancelled, as the Seller will refund money only to the person who purchased the ticket (the Purchaser).
5.7 Once purchased, a ticket may not be redeemed or exchanged, nor may a duplicate be issued.
5.8 No compensation is provided if a ticket is lost.
5.9 Any tampering with the ticket renders it invalid. A ticket becomes invalid when the barcode on the ticket is first scanned when entering the tour.
6 Special provisions on the obligations under a purchase contract concluded with a consumer
6.1 The provisions of this Art. 6 apply to purchase contracts concluded with a purchaser who is a consumer, or to the obligations arising therefrom.
6.2 When concluded, the Purchase Contract will be filed with the Seller; the Seller will provide the Purchaser with access to the Purchase Contract upon request.
6.3 The Purchase Contract may be concluded in Czech.
6.4 The individual steps to conclude the Purchase Contract are as follows:
- a) opening the web portal;
- b) registration of the Purchaser on the web portal, including entering the Purchaser’s identification and contact details (invoicing details);
- c) selecting the specific date and time of the tour and the number of tickets required;
- d) checking the box to confirm that the Purchaser has familiarized themselves with the Terms and Conditions and the information about the handling and protection of personal data;
- e) payment of the purchase price.
6.5 The Purchaser has the right to check and correct any errors made when entering the data before placing the order.
6.6 After conclusion of the Purchase Contract, the Seller will provide the Purchaser, in addition to a copy of the Purchase Contract (order confirmation), a text of these Terms and Conditions via the hyperlink contained in the electronic message sent to the Purchaser’s e-mail address.
6.7 The Purchaser declares that all information provided by the Seller to the Purchaser has been provided in a clear and comprehensible manner and in the same language as the language of the Purchase Contract.
6.8 The Seller undertakes to provide all future information to the Purchaser in a clear and comprehensible manner and in the same language as the language of the Purchase Contract.
6.9 The institution for extrajudicial dispute resolution for consumers is:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Praha 2
E-mail: adr@coi.cz
The website of this institution is:
Web: adr.coi.cz
The Purchaser may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/
7 Final provisions
7.1 Information on the handling and protection of the Purchaser’s personal data is published on the website www.klementinum.com in the Privacy Policy section.
7.2 The Purchase Contract, Terms and Conditions and all rights and obligations arising therefrom, including the rights and obligations arising from a breach of the Purchase Contract or these Terms and Conditions, as well as matters not covered by the Purchase Contract or these Terms and Conditions, are governed by Czech law, in particular, the Civil Code.
7.3 If any provision of these Terms and Conditions is or becomes invalid or ineffective, this invalid or ineffective provision will be replaced by a provision that most closely approximates the intent of the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Any change or supplement to the Purchase Contract or these Terms and Conditions must be made in writing.
These Terms and Conditions become effective on 1 October 2018.
