General Terms and Conditions

of the company Bobová dráha Prosek a.s., ID No.: 073 43 663, with registered office at Prosecká 906/34b, Vysočany, 190 00 Prague 9, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. B 23713, operator of the bobsleigh track Bobová dráha Prosek at the address Prosecká 430/36, 190 00 Prague 9.

Our website address is: https://www.bobovadraha.cz.

SHORT VERSION – HOW IT WORKS

1. PURCHASE
Select a coupon and then add it to the cart. Next, fill in your details and confirm the order. Pay online immediately.

2. VAT
Prices are inclusive of VAT.

3. ORDERS
All submitted orders are considered binding. The purchase contract is concluded by the acceptance of the goods.

4. PAYMENT
Payment in advance online.

5. CLAIMS
See below in the full version.

FULL VERSION

GENERAL TERMS AND CONDITIONS

INTRODUCTORY PROVISIONS
1. The company Bobová dráha Prosek a.s., ID No.: 073 43 663, with registered office at Prosecká 906/34b, Vysočany, 190 00 Prague 9, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. B 23713 (hereinafter referred to as “Seller“) is the operator of the bobsleigh track Bobová dráha Prosek at the address Prosecká 430/36, 190 00 Prague 9 (hereinafter referred to as “Bobsleigh Track“).
2. These general terms and conditions (hereinafter referred to as “terms and conditions“) regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code“), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as “purchase contract“) concluded between the Seller and another natural or legal person (hereinafter referred to as “Buyer“).
3. The Buyer may be a legal entity or a natural person consumer. A consumer is a person who, outside the scope of their business activity or outside the scope of independent exercise of their profession, concludes a purchase contract with the Seller or otherwise deals with the Seller. For the purpose of concluding the purchase contract, the consumer provides the Seller only with their contact details necessary to process the order, or data they want to have stated on the purchase documents. Legal relations of the Seller with the consumer not expressly regulated by these terms and conditions are governed in particular by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, as well as related regulations.
4. All contractual relationships arising from the purchase contract are governed by the legal order of the Czech Republic. By sending a binding order or by payment if the order is not made, the Buyer confirms that they have read these terms and conditions, which include as an integral part (i) the complaint procedure and (ii) the visitor rules, and that they agree with them.
5. The purchase contract may stipulate provisions deviating from these terms and conditions. Such deviating provisions take precedence over the provisions of these terms and conditions.
CONCLUSION OF THE PURCHASE CONTRACT
1. The purchase contract can be concluded (i) via the Seller’s website or (ii) in person at the cash desk of the Bobsleigh Track.
2. In the case of concluding the purchase contract via the website, the proposal to conclude the purchase contract is the placement of the offered goods by the Seller on the website. To order goods, the Buyer fills in the order form on the website. The order form contains in particular information about the ordered goods, the method of payment of the purchase price of the goods, data on the requested method of delivery of the ordered goods, and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as “order“). Before sending the order to the Seller, the Buyer is allowed to check and change the data entered in the order. The Buyer is obliged to provide correct and truthful data in the order; the Seller considers them correct without further verification. In case of errors made when entering data for the purpose of sending the order, the Buyer contacts the Seller via the contact form on the website (available here: bobovadraha.cz/bobovka/kontakt/), where they state the order number and correct data.
3. If the Buyer places an order via the website, the purchase contract is concluded at the moment the Seller accepts the order, and the Seller immediately confirms this acceptance to the Buyer by an informative email to the email address provided by the Buyer. In the case of concluding the purchase contract in person at the cash desk of the Bobsleigh Track, the purchase contract is concluded at the moment the Seller accepts the order.
4. The concluded purchase contract (including the agreed price) can be changed or canceled only based on an agreement between the Buyer and the Seller or for legal reasons.
5. If the price of specific goods or the right to purchase them (especially tickets, season passes, etc.) is tied to the fulfillment of certain conditions (e.g., discount for children, discount for pensioners, group discount, discount for families with children) and/or relates to a specific person (e.g., non-transferable tickets and vouchers issued in the name), the Buyer or other person exercising these rights is obliged to prove the fulfillment of these conditions when exercising them.
6. The method of delivery of the goods is determined by the Seller unless otherwise stipulated in the purchase contract. If the method of delivery is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
7. Depending on the nature of the order (quantity of goods, purchase price, etc.), the Seller is always entitled to request additional confirmation of the order from the Buyer.
8. These terms and conditions form an integral part of the purchase contract.
PRICE OF GOODS AND PAYMENT TERMS
1. Prices stated on the website or in the premises of the Bobsleigh Track are final, always current and valid, for as long as they are published by the Seller in this way. The final calculated price after filling in the order form on the website includes shipping costs.
2. The due date and method of payment of the price of the goods are stated on the website before sending a binding order. The Buyer is obliged to familiarize themselves with the due date and method of payment and agrees to them unconditionally by sending a binding order.
3. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller’s account.
4. If it is customary in business or stipulated by generally binding legal regulations, the Seller will issue a tax document – invoice – regarding payments made on the basis of the purchase contract by the Buyer. The Seller will issue the tax document – invoice – to the Buyer after payment of the price of the goods and will hand it over in printed form together with the delivery of the goods. Upon written request by the Buyer, the invoice may also be sent in electronic form to the Buyer’s electronic address.
5. In the sense of Article 4, in the case of purchasing a voucher, the acceptance of goods means the acceptance of tickets for the given voucher.
CONSUMER’S RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT
1. The Buyer acknowledges that according to the provisions of § 1837 letter a) of the Civil Code, they cannot withdraw from a service contract if these services have been fulfilled with their prior explicit consent before the expiration of the withdrawal period; this provision also applies to cases where the goods serve to exercise services within the Bobsleigh Track (e.g., ticket) and these services have been fulfilled. Therefore, the Buyer acknowledges that withdrawal from the purchase contract for goods serving for subsequent use of services is excluded if these services have already been provided by the Seller.
2. If it is not a case mentioned in Article 1 or another case where withdrawal from the purchase contract is not possible, the Buyer, as a consumer, has the right under § 1829 paragraph 1 of the Civil Code to withdraw from the purchase contract by unilateral declaration within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period stated in the previous sentence. For withdrawal from the purchase contract, the Buyer is entitled to use the form available on the website www.bobovadraha.cz/oznameni-o-odstoupeni-od-smlouvy.
3. In the case of withdrawal from the contract according to Article 2 of these terms and conditions, the purchase contract is canceled from the beginning. The Seller is obliged to return the received monetary funds to the Buyer within fourteen (14) days from the withdrawal from the purchase contract by the Buyer, using the same method by which the Seller received them from the Buyer.
RIGHTS FROM DEFECTIVE PERFORMANCE
1. The rights and obligations of the Seller and the Buyer regarding rights from defective performance are governed by the relevant generally binding regulations, especially the relevant provisions of the Civil Code and the Consumer Protection Act.
2. An integral part of these terms and conditions is the complaint procedure, which contains a list of the relevant rights and obligations of the Seller and the Buyer that apply in the case of defective performance. The complaint procedure is available on the website (bobovadraha.cz/reklamacni-rad).
MANAGEMENT AND USE OF THE BOBSLEIGH TRACK
1. The Seller is the sole operator of the Bobsleigh Track.
2. Maintenance of the Bobsleigh Track is entrusted by the Seller on the basis of a contractual agreement to the company Bobovka s.r.o., ID No.: 069 31 359, with registered office at Prosecká 906/34b, Vysočany, 190 00 Prague 9, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 291562 (hereinafter referred to as “Bobovka s.r.o.“).
3. Bobovka s.r.o., within the scope of maintenance of the Bobsleigh Track, performs activities mainly consisting of maintenance of the Bobsleigh Track area. Bobovka s.r.o. is also authorized to provide services consisting of ticket sales and payment collection. Thus, the Buyer may come into contact with employees of Bobovka s.r.o. during their visit to the area and use of the Bobsleigh Track. The exercise of all rights and obligations arising from the contractual relationship based on the purchase contract exclusively belongs to the Seller as the operator of the Bobsleigh Track. The Seller thus has exclusive responsibility for the operation of the Bobsleigh Track regardless of the involvement of third parties.
4. The Buyer acknowledges that when using the Bobsleigh Track, besides the instructions of the Bobsleigh Track staff, they are obliged to comply with the operating rules, which they must familiarize themselves with no later than upon entering the Bobsleigh Track area. The operating rules are also available on the website (bobovadraha.cz/bobovka/podminky). In case of violation of obligations arising from the operating rules or instructions of the Bobsleigh Track staff, the Buyer may be expelled from the Bobsleigh Track area without any compensation.
FINAL PROVISIONS
1. The protection of personal data of the Buyer, who is a natural person, is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and Act No. 110/2019 Coll., on the processing of personal data. Information on the processing of the Buyer’s personal data is available on the website (bobovadraha.cz/zasady-ochrany-osobnich-udaju).
2. Consumer complaints are handled by the Seller via the email address info@bobovadraha.cz. The Seller will send information about the resolution of the Buyer’s complaint to the electronic address provided by the Buyer in the complaint or to the address from which the complaint was sent.
3. The Seller and the Buyer undertake to make every effort to amicably resolve all disputes arising from or in connection with the purchase contract. The Czech Trade Inspection Authority, ID No.: 000 20 869, website: coi.cz.
4. The mutual contractual relationship between the Seller and the Buyer is governed by the legal order of the Czech Republic, especially the Civil Code.
5. If any provision of these terms and conditions is or becomes or is found to be invalid or unenforceable, it shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the terms and conditions. In such cases, the Seller and the Buyer undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that will have, to the greatest extent possible and permitted by law, the same meaning and effect as the intention of the provision to be replaced.
6. The wording of these terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising from the wording of the terms and conditions valid and effective at the time of conclusion of the purchase contract.
7. The Buyer acknowledges that the Seller is entitled to assign its claim from the purchase contract to a third party.
8. Contact details of the Seller:
  delivery address: Prosecká 906/34b, Vysočany, 190 00 Prague 9
  email: info@bobovadraha.cz
  phone: 736 222 303.
9. These terms and conditions are effective from 1.8.2018
  In Prague on 1.8.2018
  Bobová dráha Prosek a.s.