1. General provisions:
1.1. PURPLE ROCKET s.r.o., is a company operating canyoning services. IC 09106413, company headquarters Nové sady 988/2, Brno, 602 00, Brno, Czech republic. The company is registered in the Commercial Register at the Regional Court in Brno under file number C117109.
1.2. These General Terms and Conditions (hereinafter referred to as the GTC) regulate the contractual relations and define the rights and obligations between PURPLE ROCKET s.r.o. and the Customer or the Recipient of the Service. All such contractual relationships are governed by the generally binding legal regulations of the Czech Republic and these Terms and Conditions, the Civil Code and the Consumer Protection Act, as amended. If the contracting party is a legal entity, the relations not regulated by these GTC are governed by the Commercial Code as amended.
2.1. Service Provider PURPLE ROCKET s.r.o. – is a person who, in concluding and performing a contract, acts in the course of his business or other entrepreneurial activity, it is an entrepreneur who provides services directly or through other entrepreneurs.
2.2. The Client of the Service or the Recipient of the Service is a natural or legal person.
2.3. The Recipient of the Service is either the Client or a third party in whose favor the contract was concluded, or a third party to whom the Recipient of the Service has transferred its rights and obligations under the contract. The right to use the ordered service may be transferred to a third party with the consent of the Service Provider, while the person transferring this right is obliged to inform the new beneficiary about the rights and obligations arising from the concluded contract. The authorized person – the recipient, is obliged to contact the Service Provider properly and in a timely manner.
2.4. If the Recipient of the Service is a person under 15 years of age, the Client is obliged to provide escort and supervision of an adult;
2.5. E-mail form or also e-mail communication – is e-mail address firstname.lastname@example.org or email@example.com or also firstname.lastname@example.org
2.6. The Service Provider’s website is www.purple-rocket.com or www.canyoning.academy
3. Object of the contract:
3.1. The subject of the contractual relationship is the Service Provider’s obligation to ensure the delivery of services described in the event description at www.purple-rocket.com and www.canyoning.academy (or in the event offer) and the Service Client’s obligation to pay the Service Provider the agreed price for providing the ordered services. The contractual relationship arises between the Client and the Service Provider by delivering the order confirmation (ie by concluding the contract in writing, ie by e-mail communication).
4. A conclusion of the contract:
4.1. The proposal for concluding the contract is an Order or a completed Inquiry Form. The order of services can be made via the Service Provider’s website, by telephone, in person (at the Service Provider’s premises listed on the website www.purple-rocket.com, www.canyoning.academy) or by email. The inquiry form at www.purple-rocket.com, www.canyoning.academy is the basis for concluding a subsequent service order in writing (ie by e-mail communication). In the event that the Recipient of the Service is not of legal age at the time of ordering the Service, the Client is his legal representative. In this case, the valid Inquiry Form and the subsequent email communication of the legal representative sent to the Service Provider is valid.
4.2. The Order means the unconditional consent of the Client to the contract and these GTC. These GTC are displayed on the websites www.purple-rocket.com, www.canyoning.academy
4.3. The binding consent of the Service Provider to the Customer (this is a confirmation of the order by the Service Provider) means the confirmation of the order to the Customer, an invoice or an advance invoice. Confirmation of the order of services can be made by phone, in person (at the premises of the Service Provider listed at www.purple.rocket.com, www.canyoning.academy) in writing, or by email.
4.4. The Contract is concluded upon delivery of the binding consent of the Service Provider to the Client. From this moment, mutual rights and obligations arise between the Service Provider and the Customer. The contract is concluded in the Czech language, unless the parties agree otherwise. The place of delivery is the place marked by the Customer in the inquiry form, email or telephone order. Delivery of the binding consent of the Service Provider is considered to be its acceptance by the Client, the Recipient of the Service or another authorized person staying at the time of delivery at the address specified in the request form or delivery of email at the email address specified in the order.
5. Payment terms and price:
5.1. The price of the provided services is stated on the website of the Service Provider www.purple-rocket.com, www.canyoning.academy, or it is stated in the offer of services prepared by the Service Provider. The price is always stated including the relevant VAT rate. Payment of the agreed price is a condition for providing the ordered services.
5.2. Payment must be made in EUR or CZK currency. In the case of payment by bank transfer, the Customer pays all bank fees so that the agreed price for the ordered services is credited to the account of the Service Provider in full.
5.3. The deposite payment according to the issued advance invoice, which is a part of the Binding Consent of the Service Provider, is in the amount of 50 % of the price of the ordered service. The due date of the invoice is 10 days.
5.4. The additional payment of the total price according to the issued final invoice is payable no later than 30 days before the beginning of the performance of the ordered service.
6. Cancellation Policy:
6.1. The recipient of the service is not entitled to cancel the reservation of the service and is obliged to come to the place of provision of the ordered service at his own expense within the agreed term. By agreement of the contracting parties, it is only possible to change the reservation to another free date of the service listed by the Service Provider. If there is no mutual agreement between the contracting parties on a new date for the provision of the service, the minimum cancellation fee is equal to the already provided performance. The Service Provider is not obliged to return to the Recipient of the Service any performance provided by it.
6.2. The service provider is entitled to cancel or change the provision of the service:- if the Service Provider cancels or changes the date of performance of the service no later than 30 days before the agreed date, the Service Recipient has no right to withdraw from the contract and has the right to arrange a new date of service from the Service Provider’s offer.
– if the Service Provider cancels or changes the date of performance of the service between the 29th day and no later than 7 days before the agreed date of provision of the service, in such case the Recipient of the Service has the right to arrange a new date of service or withdraw from the contract. In the case of withdrawal from the contract, the Service Recipient acquires the right to return the advance payment already paid.
– cancellation of a reservation made by the Service Provider later than 6 days before the agreed date of service provision, entitles the Service Recipient either to change the date of service or to withdraw from the contract and return the performance (without compensation for damages incurred by Service Recipient in direct connection with transport to the place).
6.3. The service provider is entitled to change the place of performance of the service or the date of performance of the service or the scope of the service due to force majeure, especially unsuitable local climatic conditions or due to unsuitable water level or due to unsuitable condition in canyons (natural, technical). This is an unsuitable condition in the canyon, especially if the safety of the Service Provider or the Service Recipient is endangered. In such a case, the Service Provider will offer the Service Recipient a replacement date, a replacement location or a replacement service of a comparable nature and scope. In case of a different price of the replacement service, the price of the replacement service applies. In such a case, the recipient of the service is not entitled to compensation for damages incurred in connection with the change of the date of performance. In such a case, the recipient of the service is not entitled to compensation for damages incurred in connection with the change of the place of performance.
6.4. The Service Provider is entitled to refuse to provide the Service to the Service Recipient, in particular if it evaluates the insufficient abilities, skills, physical or mental preconditions of the Service Recipient for the safe completion of the ordered service. In such a case, the Recipient of the Service is entitled to a partial cancellation fee in the amount of a maximum of 50 % of the provided performance.
7. General rights and obligations:
7.1. The service provider undertakes to provide a responsible person for the use of the service. If the Service Provider has doubts about the Service Recipient’s ability to complete the ordered services, it has the right to invite him to check the capabilities, or has the right to refuse and exclude the Service Recipient’s participation in completing the ordered service – even during the ordered service.
7.2. Basic information on the nature of the offered service, possible restrictions that relate to the offered services (eg age, requirements for medical, physical and mental fitness) are given in the offer of the Service Provider. It is the Recipient’s obligation to familiarize himself with this information before concluding the contract. In case of ambiguities or doubts, the Service Recipient is obliged to contact the Service Provider and request the necessary information and clarify discrepancies and questions. The recipient of the service undergoes instruction, safety training and, if applicable, practice before using the individual ordered services. Before using individual services, the recipient of the service attends a so-called briefing – detailed information on the nature and complexity of the service. The recipient of the service is obliged to assess for himself whether he is medically and physically fit to safely complete the selected ordered service. In the event that the Recipient of the Service is not eligible to use the Service, he is not entitled to a refund of the provided performance.
7.3. The recipient of the service is obliged to obtain all the necessary documents necessary to use the service (eg travel documents, appropriate health and other insurance). The list of required documents is available on the Service Provider’s website: www.purple-rocket.com, www.canyoning.academy The Service Provider shall not be liable for any damages resulting from the invalidity or incompleteness of the necessary documents provided by the Service Recipient.
7.4. The Recipient of the Service is liable for damages caused to the Service Provider, himself or a third party due to a breach of the instructions of the responsible person designated by the Provider, with which he was acquainted.
7.5. The service provider is entitled to withdraw from the contract immediately in the following cases:
– due to a gross breach of the Recipient’s obligations arising from the concluded contract
– due to non-compliance with the instructions of the responsible person of the Service Provider – in particular the instructions concerning the safety of the participants of the event and the safety of third parties.
– for reasons where the Recipient of the Service is under the influence of narcotics, psychotropic substances, other drugs, medicines and alcohol.
– due to repeated disturbances of order, good manners and principles of decency.
– In such cases, the Service Provider is entitled to reimbursement of costs incurred in connection with the performance of the concluded contract set at a flat rate as 100 % of the price of the ordered service. Withdrawal from the contract for any of the above reasons, by either party, must be made in writing, with written form also means the email form.
8. Protection of personal data in accordance with the EU Regulation (GDPR):
8.1. The service provider processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC. on the protection of personal data). The administrator of personal data is the Service Provider, the managing director of personal data is responsible for the management of personal data – tel. +420 604 784 522, email: email@example.com
8.2. Personal data of the Client resp. the recipients of the services are:
– contact details (name, surname, telephone number, email address). Contact details are used for communication with the Customer or the Recipient of the service and will be used exclusively for the purposes of fulfilling the concluded contract, including the reservation of services or other changes. The administrator of personal data is the Service Provider. Only the Service Provider and its accounting department have access to this information. This information is stored in electronic form on the Service Provider’s server and in written form within the Service Provider’s accounting for a period of 5 years. Only employees of the Service Provider have access to this information. This information is not provided to any third parties, it is not used for the marketing needs of any third parties. The managing director of the Service Provider is responsible for the management of this personal data.
– Personal data – (height, weight, health status), serves only for the purpose of providing suitable equipment lent by the Service Provider. The administrator of personal data is the Service Provider. The data are stored only in electronic form on the service provider’s server for a period of 5 years. This information is not provided to any third parties, it is not used for the marketing needs of any third parties. The managing director of the Service Provider is responsible for the management of this personal data.
– Photos and videos. As part of the service, the service provider takes a photographic or video recording. This record is used primarily for the Service Recipient and for the marketing needs of the Service Provider. These records are stored in electronic form on the Service Provider’s server, are published on the Service Provider’s website and Facebook, or its business partners, on the Service Provider’s printed marketing items. The administrator of such records is the Service Provider.
– The recipient of the service within the process of ordering the service provides explicit consent or disagreement with the methodology of personal data protection of the Service Provider – consent or disagreement with the collection, storage and use of personal data defined above. The recipient of the service may withdraw the consent. The Service Provider is obliged to respect the disagreement and on the basis of the revoked consent is obliged not to publish or immediately delete the Personal Data of the Service Recipient from its storage and terminate any use of such personal data of the Service Recipient (except legal data within the Service Provider’s accounting).
8.3. The Client or the Recipient of the service in whose favor the contract is concluded has the right to access their personal data and the right to correct them, including other legal rights to this data. At the same time, he has the right to withdraw his consent to the processing of personal data at any time in writing. The service provider is obliged to respect the disagreement or revoked consent and in this case not to store personal data further. Personal data of the Recipients of the Service are stored in accordance with generally binding legal regulations. All data obtained from the Recipients of the Service are used exclusively for the internal needs of the Service Provider and are not provided to third parties. The Client or the Recipient of the Service, together with the consent to these GTC, agrees that Česká pošta s.p. uses the above data for the purpose of delivery of any documents, further that Česká pošta s.p. it is entitled to authorize third parties for this purpose.
8.4. The Client or the Recipient of the Service has the right to file a complaint with the Supervisory Authority – Office for Personal Data Protection, at the address of Lt. Col. Sochora 27, 170 00, Prague 7, Czech Republic, www.uoou.cz
9.1. If the Service Provider does not fulfill its obligations arising from the concluded contract properly and on time, the Service Recipient has the right to complain about the defect of the provided service to the Service Provider without undue delay, but no later than 14 calendar days from the end of the provided service. In the event that the service is not provided at all, the Service Recipient has the right to complain about the defect of the service to the Service Provider without undue delay, but no later than 14 days calendar days from the first day when the service was to be provided provision).
9.2. The Client or the Recipient of the Service is obliged to file a complaint in writing (with written form for the purposes of contracts concluded between the Service Provider and the Recipient of the Service also means the email form) and is obliged to describe the defects of the provided service.
9.3. However, the service provider will handle the complaint without undue delay no later than 30 days from the date of its proper application. In the event of rejection of the complaint, the Service Provider will issue a written justification to the Service Recipient (with written form also meaning the email form for the purposes of the complaint procedure).
9.4. In the case that the Service Recipient duly lodges a justified complaint, he has the right to eliminate the defects of the provided service and, if this is not possible, he has the right to a reasonable discount on the price of the claimed service, or he may withdraw from the contract. If the conditions for withdrawal from the contract are given for a reason on the part of the Service Provider, the recipient of the service has the right to a refund of the paid price of the service, see. Item 6 – Cancellation policy.
10. Final Provisions:
These updated General Terms and Conditions are valid from 01.4.2022