GENERAL TERMS AND CONDITIONS AND TERMS OF USE
                                                        (hereinafter the “Terms and Conditions”)

Article I PREAMBLE

1. These Terms and Conditions govern the mutual rights and obligations of the Operator and the User of the Services provided through the website available at http://www.praguepartyfun.com, as well as the basic Terms of Use.

Article II Definitions of Terms

1. Unless specified otherwise, the following terms shall have the following meanings: a) The “Operator” is Prague Party Fun s.r.o., registered office: Novovysočanská 2509/3d, Libeň, 190 00, Praha 9, Company Id No: 08471380, company registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 319485 b) The “User” is any person other than the Operator who uses the Operator’s services provided on the website. This is therefore both the person ordering the service and the person who participates in the provided services as a guest, escort, recipient, etc. c) The “Terms and Conditions” mean these General Terms and Conditions and Terms of Use (this document); d) “Civil Code” means Act No. 89/2012 Coll., Civil Code, as amended; e) “GDPR” means Regulation (EU) 2016/679; f) “Personal data” mean any information about a natural person that can be identified, directly or indirectly, in particular by reference to a particular identifier, such as name, identification number, location information, network identifier or one or more specific physical, physiological, genetic, psychological, economic, cultural or social identities of this natural person; g) “Agreement” means a bilateral or multilateral legal act consisting of the mutual rights and obligations of the Operator and the User arising from the Services ordered by the User on the Operator’s website or by e-mail. h) “Website” means the information and service(s) available at domain http://www.praguepartyfun.com. i) “Code of Ethics” means a summary of the code of conduct of the Operator, User or a Third Party when using the Services as set forth in Article IV of these Terms and Conditions; j) “Third party” means any person other than the Operator or User, in particular an ordinary visitor to the Website; k) “Services” means packages, events, programs, activities, or similar activities published on the Website that are provided by the Operator and which the User may order via the Website or e-mail. A Service also means a combination of individual Services offered by the Operator or the creation of customized Services according to the wishes of the User.
   l) “e-mail” means electronic mail used to send, deliver and receive messages via electronic communication systems (e.g. Gmail, Hotmail, Yahoo Mail, etc.). m) “Price” means the financial amount for the mediated Services specified on the Website of the Operator for each Service or fulfilment, or the Price sent to the User by the Operator as the proposed Price for Custom Services according to the requirements of the User.

Article III Description of Services

1. The Operator’s Website provides a list of Services provided by the Operator to the User based on the User’s order via the Website or email.
2. The User acknowledges that by their nature, some of the Services are not accessible to persons under the age of 18 (Alcohol-related Services, Services with Sexually Explicit Content, unless this is contrary to the applicable laws of the Czech Republic or the Code of Ethics, etc.) and as such are provided exclusively to persons over 18 years of age.

3. As part of the provision of Services, the Operator offers paid services consisting of: a) Organizational Services; b) Mediation Services; c) Arranging accommodation (if this is included in the price of the Services or if it is additionally ordered);

4. Under no circumstances is the Operator a provider of its provided Services, wherein the activities of the Operator primarily consist of the actions specified in paragraph 3.3 of these Terms and Conditions, unless specified otherwise, i.e. the Operator mediates the offers of third parties, i.e. entities different from the Operator. It is exclusively up to Users and Third Parties to consider whether the content of the Services is subjectively or objectively offensive, immoral, or inappropriate. The Operator is also not liable for any damage, injury, illness, death, etc. occurring during the provision of the Services or in connection with the provision of the Services. With respect to this, the Operator recommends arranging travel medical insurance or other suitable insurance. The Operator is also not responsible for the course of the Service (e.g. whether the Service is provided in a vehicle of a certain colour, whether the persons providing the Service are dressed in a particular type of clothing, etc.).
5. The Operator informs the User that the photographs on the Website are for illustration only, unless otherwise stated. The appearance of vehicles, people, etc., therefore, may differ from the photographs, unless otherwise stated.
6. The Operator declares that for Services with sexually explicit content, the Operator has in no way caused, negotiated, hired, lured or induced any person to engage in prostitution, or prey on anyone from prostitution operated by others.
7. The User is always obliged to become familiar with the provided Service in detail. For some types of provided services, the use of certain types of clothing or footwear (e.g. sports shoes and clothing, etc.) may be required or recommended. In such a case, the User shall obtain the necessary clothing or footwear at his or her own expense, depending on the nature of the individual Services. This does not apply in cases where the Service contains the rental of the necessary equipment (e.g. helmets, goggles, etc.) or when the Operator states in the Service description that certain aids, clothing, etc. can be purchased or rented directly from the provider of the relevant activity.
8. The User acknowledges that if he or she is not equipped with the required clothing, footwear or equipment related to a particular Service, he or she may not be allowed to carry out the activity by the provider. In such a case, the Operator is not responsible for the failure to provide such services and the User is also not entitled to any payment, refund, rebate or similar fulfilment.
9. A User, who is a consumer, shall be entitled to withdraw from the Agreement within 14 days from the date of the Agreement is concluded without giving any reason. In order to comply with the Agreement withdrawal period, it is sufficient to send the withdrawal from the Agreement before the expiry of the relevant period. In the event of a valid withdrawal from the Agreement, the Operator shall refund all payments, except as provided in these Terms and Conditions, within 14 days of receipt of the withdrawal from the Agreement.
10. For an order for a Service where the date of fulfilment shall be determined by the User in a period of less than 14 days before the date of the Service (the User orders the Service less than 14 days before the date of the Service), the User shall not have the right pursuant to paragraph 3.9 (Section 1837, letter a), Civil Code).
11. A User, who is a consumer, may not withdraw from the agreement in other cases referred to in Section 1837 of the Civil Code. Thus, a User who is a consumer cannot, in particular, but not exclusively, withdraw from an agreement on accommodation, transport, food or leisure activities if the entrepreneur provides these services within a specified time (e.g. transport tickets, cinema tickets, etc.).
12. In the event of withdrawal from the Agreement, such withdrawal from the Agreement shall be sent by the User to the Operator’s registered office or by e-mail to email address info@praguepartyfun.com within 14 days of the date the Agreement is concluded. The Operator has issued a form for this purpose, which is available on the Website under the link ………………….
13. The Operator hereby informs the User that the User shall be obliged to pay the proportional part of the price in the event of withdrawal from an agreement whose subject matter is the provision of Services and whose fulfilment has already begun.
14. The Operator hereby informs the User that with regard to the fact that an order for services includes arrangements for the precise period of fulfilment, and with regard to the fact that it arises from the nature of the Agreement that the user may be interested in delayed fulfilment (e.g. in the event of concerts, etc.), the obligation (Agreement) concluded between the Operator and the User shall be terminated upon the delay of the User (so-called fixed agreement).
15. By accepting these Terms and Conditions, the User expresses his or her will that if the Operator is late in the fulfilment pursuant to the concluded Agreement, the User shall no longer persist in this fulfilment, even if it arises from the nature of the provided Services from the Agreement that the User cannot be interested in later fulfilment.

Article IV Code of Ethics

1. The User acknowledges and agrees that most of the Services are associated with contact with other persons (bartenders, hostesses, instructors, guides, etc.) and that some of these services are provided with sexually explicit content. With this in mind, the User is always obliged to treat other persons within the bounds of decency and to observe the legal standards of the Czech Republic.

2. The User acknowledges the following principles of behaviour for Services requiring 18 years of age: a) The User has reached the age of majority under the laws in force in the country of his or her nationality, but at least the age of majority set by the applicable legal regulations of the Czech Republic; b) The User shall be obliged to truthfully specify data about whether the persons using the Services are persons fulfilling the requirement pursuant to paragraph 4.2, letter a) of these Terms and Conditions.

3. If the User disguises or states a false age (i.e. the age of all persons who will use the Service), the Operator shall not be responsible for any failure to provide the mediated Services. In such a case, the User also has no right to the return of any payment, a refund, Price discount or similar fulfilment.

Article V Price for Services

1. The Price for Services is always specified on the Operator’s Website, unless specified otherwise in the Terms and Conditions.
2. The Price for Services always includes the activities specified in the Services description on the Website. The Price for Services may also include additional accompanying services (e.g. purchase of the necessary tickets, rental of necessary equipment, etc.), in which case this is always stated in the description of the specific Services.
3. For a Service that is customized for the User according to the User’s wishes, the Price for this service shall always be imparted to the User before the Agreement is concluded.
4. The Price for Services is always specified including the applicable VAT.
5. The Price for Services does not include: a) The Price for transportation to the location of the Service, unless specified otherwise; b) Insurance; c) Clothing, shoes, equipment, unless specified otherwise for a specific Service; d) Transportation to and from the airport, unless specified otherwise, or unless this Service has been agreed separately; e) Parking fees; f) Accommodation, unless agreed otherwise; g) Entrance fees or other expenses not previously stated in the Services description or individually agreed; h) Gratuity; i) Food and drinks, unless specified otherwise for a specific Service;

Article VI Order of Services, Reservations, Deposit

1. The User shall be entitled to order any Services specified in the Website, or a combination thereof.
2. A Service or a combination of Services can be ordered exclusively via the Website or by email at the Operator’s email address info@praguepartyfun.com.
3. For the successful completion of an order, it is necessary to provide (pay) a deposit of 50% of the Price (hereinafter also the “Deposit”). The Deposit represents confirmation of interest in mediation of Services. The reservation of the Services shall be confirmed to the User as soon as the above Deposit has been paid by the User (by crediting the Deposit amount to the relevant account of the Operator).
4. In the event that a Service is ordered by a User less than 14 days before the implementation of the Service (the User orders the Service less than 14 days before the date of the implementation of the Service), the User shall be obliged to pay 100% of the Price for Services when this Agreement is concluded.
5. The User may pay the Deposit via a bank transfer to the account of the Operator specified in the order of the relevant Service, or via the PayPal internet payment system to the PayPal account of the Operator specified in the order of the relevant Service, or via the PayU payment gateway.
6. If a Service is ordered by the User less than 14 days before the implementation of the Service (the User orders the Service less than 14 days before the date the Service is provided) and the Service is not provided due to a reason on the part of the User, the User shall not be entitled to the return of the paid Price for Services.
7. If part of the mediated Service is the purchase of tickets or other valuables, in addition to the deposit pursuant to paragraph 6.3 of the Terms and Conditions, the User shall be required to pay 100% of the selling price to ensure such a timely purchase. The price for such demonstrably incurred costs in connection with the mediated service is not returned to the User. At the same time, the user acknowledges that the selling price of tickets or other valuables may be higher than their nominal price, reflecting the Operator’s costs associated with their purchase.

Article VII Concluding an Agreement, Custom Service, Additional Payment for a Service and Contractual Penalty

Concluding an Agreement, Custom Service

1. If the User orders a Service or a combination of Services that the Operator advertises on the Website as complete (preconfigured) packages via the Operator’s Website or e-mail, the Agreement shall be concluded when the order for Services is delivered to the Operator.
2. If the User orders a Service or a combination of Services that the Operator does not advertise on the Website as complete (preconfigured) packages and the User is interested in creating a so-called Custom Service Package, the User shall send a request for such a package to the email address of the Operator (info@praguepartyfun.com). This request will be considered an offer to create a specific Service Package. If the Operator is able to create this Custom Service, the Operator shall send to the User to his or her e-mail address from which User made the offer a confirmation of interest with the price proposal for such a Custom Service Package. The User may accept or refuse such a Custom Service Package. If the offer is accepted, the User shall send to the Operator a response to this e-mail, stating that he or she agrees with the contents of the Service for the specified price (hereinafter also the “Acceptance Email”). In such a case the Agreement shall be concluded when the acceptance of the offer comes into effect, i.e. when both Parties (the Operator and the User) agree on the content and price of the Service (the User sends an Acceptance Email to the Operator)
3. As soon as the Agreement is concluded, the Operator will make every effort to mediate the ordered Services to the User. Until the payment of the total Price for the Service (at the time the relevant amount is credited to the Operator’s account), the Operator shall not be obliged to pay anything and will not be overdue as a consequence thereof.

Additional Payment for a Service

4. In the event that this is not the case referred to in paragraph 6.4 of these Terms and Conditions, the User shall be obliged to pay an additional payment of the Price for the provided Service within 14 days from the date of the Agreement is concluded. The additional payment represents the remaining Price for Services minus the Deposit.
5. The additional payment shall be paid by the User via a bank transfer to the account of the Operator specified in the order of the relevant Service, or via the PayPal internet payment system to the PayPal account of the Operator specified in the order of the relevant Service, or via an online card payment using the secure PayU gateway. On the basis of the previous agreement between the Operator and the User, it is possible to also pay the additional payment in cash or using credit or debit cards directly with the Operator at the address of the registered office of the company, unless another location is agreed to. Contractual Penalty

6. If the User concludes an Agreement with the Operator and expressly imparts to the Operator that the User agrees with the provision of Services prior to the expiry of the period for withdrawal from the Agreement, the Operator shall commence actions to fulfil the Agreement (to mediate the Services). For example, the Operator will purchase the necessary tickets, etc. The User acknowledges that this is due to the need for the timely purchase of tickets, booking some services from third parties, etc. If, under the circumstances referred to in this paragraph, the Services are not provided to the User for reasons on the part of the User, e.g. the User fails to pay the remainder of the Price for Services, etc., the User shall be obliged to pay to the Operator a contractual penalty in the amount of 50% of the Price.

7. This contractual penalty shall be due at the moment when the Services are not subsequently mediated for the User for reasons on the part of the User, e.g. the User fails to pay the remainder of the Price for Services, etc.

8. The User acknowledges that in accordance with the Civil Code (Section 1982 et seq. Civil Code) the Operator shall be entitled to unilaterally offset its claim to a contractual penalty pursuant to paragraph 7.6 toward the receivable of the User for the return of the Deposit (the Deposit paid by the User pursuant to paragraph 6.3 of the Terms and Conditions). In such a case the Deposit shall not be returned to the User and the Operator shall only inform the User (e.g. by email) that it unilaterally offset its claim to a contractual penalty pursuant to paragraph 7.6 toward the receivable for the return of the Deposit.

Article VIII Claims

1. The User shall be entitled to exercise rights from defective fulfilment with the Operator pursuant to the Civil Code (in particular Sections 1914 to 1925, Civil Code).
2. In the event of a mistake on the part of the Operator, the User shall be entitled to claim reasonable compensation or a discount on the price. In the event of a mistake on the part of the Operator regarding the content of a Service (if the Service does not contain the ordered fulfilment), reasonable compensation shall be deemed to be free mediation of the replacement of the missing fulfilment at another agreed date, unless the Parties agree otherwise. If this is not possible (e.g. the given part of the Service is temporarily unavailable, the User is already leaving the Czech Republic, etc.), the User shall be provided with a discount equal to the part of the Service not provided. In the event that there are deficiencies in the Services provided that were caused by incorrect specification of the request by the User, the User shall not be entitled to a refund or a discount on the price.
3. The deadline for exercising rights from defective fulfilment is 30 calendar days from the date of provision of the Services. After the expiry of this period the User’s right to a claim expires.
4. Unless agreed otherwise, payments, refunds, price discounts and similar fulfilment are returned to the User via funds being sent to the bank account communicated by the User to the Operator for this purpose.
5. Claims can also be exercised with the Operator via email contact info@praguepartyfun.com.
6. The Operator cannot and does not provide an uninterrupted functionality warranty or error-free operation of the Website. The Operator is therefore not responsible for any short-term outages of the Website.
7. The User acknowledges that pursuant to the provisions of Section 1837, Civil Code, it is not possible, inter alia, to withdraw from the agreement for the provision of services which has been modified according to the User’s wishes, or for the User.

Article IX Personal Data

1. The User acknowledges that in connection with the ordering of the Services, his or her personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR). For this purpose, the User is provided with the following information:

administrator Prague Party Fun s.r.o. Company Id No. 08471380 registered office: Novovysočanská 2509/3d, Libeň, 190 00, Praha 9 company registered in the Commercial Register of the Municipal Court in Prague, Section c, Insert 319485 (Operator) Purpose of processing Provision of Services Legal reason Article 6, paragraph 1, letter a), GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract upon the request of the data subject, and Article 6, paragraph 1, letter b) GDPR: processing is necessary for compliance with a legal obligation to which the administrator is subject; description of the categories of data subjects Users. description of the categories of personal data Name and surname, date of birth, permanent residence, and email address. personal data recipients The recipient of personal data is exclusively the Operator, or state administration bodies specified by a special legal regulation (in particular the tax office). Deadline for deletion The personal data of the User is deleted after the provision of a Service. Accounting documents containing the User’s personal data are physically liquidated 5 years after the end of the accounting period to which they relate. If the Operator is a VAT payer, the tax documents containing the User’s personal data are physically liquidated 10 years after the end of the taxable period in which the chargeable event occurred. technical and organizational measures Controlled access to data, training of authorized persons, encryption of electronic data. processor Not used.

In relation to the processing of his or her personal data, the User has the right to request from the Operator access to his or her personal data, the right to correct the data, the right to their portability, the right to file a complaint with the Office for Personal Data Protection (www.uoou.cz), wherein the User shall not be entitled to request the deletion of his or her personal data, or the limitation of their processing, if the personal data of the User are necessary to fulfil the legal obligation applicable to the Operator.

Article X Information on the Entity for Out-of-court Settlement of Consumer Disputes

1. The entity for out-of-court settlement of consumer disputes between the User and the Operator pursuant to the provisions of Section 14, paragraph 1, Act No. 634/1992 Coll., Consumer Protection Act, as amended, is: THE CZECH TRADE INSPECTION (www.coi.cz).

Article XI Responsibilities of the Operator

1. The User acknowledges that unless otherwise provided by the applicable legal regulations, the Operator shall not bear any responsibility for: a) the content of provided Services; b) not being permitted to use a Service (e.g. for the reasons described in paragraph 3.8); c) a Service is unavailable (e.g. tickets are sold out, etc.); d) damage, injury, health damage or death that occurs in the provision of the Services or in direct connection therewith; e) if the date of the implementation of a Services is missed for reasons on the part of the User (e.g. the User does not arrive at the location where the Service is provided on time due to traffic, etc.) f) course of a Service (e.g. whether the Service is provided in a vehicle of a certain colour, whether the persons providing the relevant Service are dressed in a certain type of clothing, etc.) g) other circumstances which, by their nature, imply that the Operator cannot be held responsible.

Article XII Changes to the Terms and Conditions

1. The Operator reserves the right to unilaterally change these Terms and Conditions.
2. The Operator shall always announce a change to the Terms and Conditions, including an explanation of the new Terms and Conditions, on the Website after the changes to these Terms and Conditions are issued.
3. With regard to a change to the Terms and Conditions, these new Terms and Conditions shall not apply to an agreement concluded before the change to the Terms and Conditions.
4. A change to the Terms and Conditions shall come into effect toward the User on the date such a change is published on the Website.

Article XIII. Closing Arrangements

1. The rights and obligations not regulated by these Terms and Conditions are governed by the legal order of the Czech Republic. For the avoidance of all doubts, the Operator declares that it has chosen the law of the Czech Republic as the applicable law.
2. Any disputes shall be decided on by a materially and locally competent court in the Czech Republic.
3. The decisive language between the User and the Operator is the Czech language. If any meeting is multilingual, then the Czech version shall be the decisive version.
4. These Terms and Conditions shall come into effect on 2. 9. 2019.