These general terms and conditions for the provision of services (hereinafter referred to as "terms and conditions") apply to service contracts concluded via the FLY FOR FUN server located on the web interface www.flyforfun.cz (hereinafter referred to as "web interface") between our company:
FLY FOR FUN s.r.o., with registered office at Jindřicha Plachty 1014/23, 150 00 Praha 5 - Smíchov
ID: 27601846
DIC: CZ27601846
registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Mark 118144
Address for delivery: Jindřicha Plachty 1014/23, 150 00 Praha 5 - Smíchov
telephone number: + 420 724 327 922, + 420 603 154 232
contact e-mail: skola@flyforfun.cz
(hereinafter referred to as "provider")
and you as a customer of the services.
1. INTRODUCTORY PROVISIONS
1.1 Summary of the contents of the Terms and Conditions
By the Service Contract we undertake to provide you with the services specified in clause 2.1 and you undertake to pay us the price for those services (the "Price"). In order to enter into the Contract, you must place an order and our acceptance of that order is required (as set out in clause 2). Information on pricing is set out in clause 3 and payment terms are set out in clause 4. Information on the provision of services and termination of the Contract is set out in clause 5. Information on the redemption of gift vouchers is set out in clause 6.
1.2 Is this a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you order services outside the scope of your business or profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions.
1.3 What governs our mutual rights and obligations?
First and foremost, the contract, which consists of the following documents:
- These Terms and Conditions, which set out our mutual rights and obligations;
- The Privacy Policy, which governs the protection of your personal data;
- the terms and conditions and instructions set out on the web interface and on the portal, in particular when concluding the contract;
- the order and its acceptance by us,
and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:
- Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code");
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you agree that Czech law shall govern our relationship. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.
1.4 How do you agree to the Terms and Conditions?
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
1.5 What else should you know about the terms and conditions?
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.
We may change or amend the wording of these Terms and Conditions. Your rights and obligations are always governed by the version of the Terms and Conditions under which they arose. The terms and conditions may only be amended or supplemented in writing.
2. SERVICE CONTRACT
2.1 What services do we provide?
On our web interface, and for the purposes of these terms and conditions, we provide the services of arranging sightseeing and experiential flights.
A sightseeing flight consists of taking a flight on a route of your choice in an aircraft or helicopter of your choice.
We also offer the possibility of an experience flight on a professional and fully moving simulator.
Last but not least, we provide a service called "Pilot on Test", where you can try out the control of the aircraft or helicopter yourself, under the supervision of our experts.
2.2 How do we conclude a service contract?
To enter into a contract, you must submit an order in accordance with these terms and conditions and acceptance of that order by us. Please note that the presentation of the services on the web interface is for information purposes only and does not constitute a proposal by us to conclude a contract within the meaning of section 1732 (2) of the Civil Code.
2.3 How to place an order?
You can always place an order via the web interface (by filling in the form) or in any other way that we make available on the web interface. The order must contain all the information prescribed in the form.
Before submitting your order via the order form, you will be provided with a recapitulation of your order, including the final price (including all taxes, duties and charges) or how it will be calculated. Within the recapitulation you have the last possibility to change the entered data.
You can place a binding order by pressing the "SUBMIT" button. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
2.4 Can you cancel or change an order that has already been submitted?
You can cancel or change an order that we have not yet received by phone or e-mail. All orders received by us are binding. Subsequent cancellations or changes to an order are only possible with our agreement and we are entitled to reimbursement of the costs we have already incurred in connection with the contract.
2.5 How do you know that we have accepted an order and when the contract is concluded?
We will inform you when we have received your order. The information of receipt of the order is also an acceptance of the order by us.
The contract for the provision of the services is concluded at the moment when you receive the acceptance
of the order by us to the e-mail address you provided in the order.
2.6 Do you have the option to receive the contract in text form?
The documents constituting the contract will be sent to you by email or printed by post at your request. When sending by post, we may ask you to pay the costs involved. We store the contract documents electronically. The contract is not accessible to third parties.
3. PRICE
3.1 Can the price change on the web interface?
If the price listed for a service on the web interface or during the ordering process is no longer current, we will notify you immediately. However, orders received are not affected by a price change that has occurred between the time the order was placed and our acceptance of the order.
In the event that there is an obvious technical error on our part in the price of the service on the web interface or in the course of ordering, we are not obliged to provide you with the service at this obviously incorrect price due to the apparent legality of our legal action pursuant to Section 552 of the Civil Code or due to error pursuant to Section 571 of the Civil Code.
4. PAYMENT TERMS
4.1 What methods of payment do we accept?
You can pay the price of the service mainly by the following methods:
- cashless before the services are rendered online by credit card or by payment gateway;
- in cash before the provision of the services by transfer to our bank account (instructions will be given to you
will be communicated in the order confirmation) - by payment using Benefit Plus Points.
Any other payment methods and any fees associated with certain payment methods
are set out on the web interface.
4.2 When is the price due?
The price of the service is payable within five days of receipt of the order, the price is paid at the time of
when the relevant amount is credited to our bank account.
4.3 How do we issue receipts in connection with the electronic sales register and the tax document?
By agreeing to these terms and conditions, you consent to us issuing a tax receipt electronically.
5. PROVISION OF SERVICES
5.1 Participation in the sightseeing and experience flight
The date, time and location of your flight will be specified in your order confirmation in accordance with Article 2.5 of these Terms and Conditions.
If it will not be possible for you to attend on the specified date and time at the place specified in the confirmation of the binding order, please inform us immediately and we will jointly agree on the next course of action. In the event that you fail to appear at the time and date specified in the confirmation of the binding order and in the email pursuant to clause 5.1 of these Terms and Conditions and you do not inform us of this inability to appear on time, you shall not be entitled to any refund of the price of the service from us.
When using our services, you agree to abide by the rules set out in these terms and conditions, on the web interface, as well as the instructions of the pilot, to follow his instructions and to refrain from any action that could disrupt the service.
In particular, you undertake to comply with all the rules concerning flight safety that must be observed during the sightseeing or experience flight and with which you will be thoroughly familiarised before the start of the flight.
By agreeing to these terms and conditions, you give us your express consent to take and distribute photographs or video and audio recordings of the service. This consent is given for an indefinite period of time and you may withdraw it at any time.
5.2 Terms and conditions of the flight
Before the flight commences, you are obliged to disclose to the Provider any information that may be relevant to the proper conduct of the flight, in particular information about your medical condition if this condition may affect your ability to participate in the flight, and information about the possible effect of medication, alcohol and drugs on your ability to participate in the service. You are also required to provide your name to the provider before the start of the flight together with your medical condition. The provider is entitled to verify this by requesting proof of identity.
The final decision on the flight depends on the current weather conditions and is entirely at the Provider's discretion, and if it is not possible to reschedule the flight to a later date on the same day, an alternative flight date will be arranged in accordance with the terms of Article 5.3 of these Terms and Conditions.
It is necessary to arrive at the flight location well in advance of the flight.
5.3 Changes in the possibility of providing a flight
We reserve the right to make necessary changes to the parameters of the service, in particular to modify the content of the ordered service or to change the pilot. When making changes according to the previous sentence, the quality and duration of the service provided will be maintained.
If it is not possible for us to provide the service on the specified date and time and/or at the specified location, we will inform you immediately. In such a case, you shall in particular have the right to have our services provided on an alternative date or at an alternative location.
In the event that it is not possible to find a suitable alternative date for the provision of the service, we will refund any monies already paid. If it is not possible for you to attend the service, you are obliged to inform us immediately. We will do our best to assist you in finding an alternative date. A change of the date of the service provided is possible at the latest 7 days before the expiry of the originally booked date.
5.4 Obligation to cooperate
You acknowledge that you have a duty to provide all necessary co-operation in relation to the services provided by us which is required to provide the service. Any failure on your part to provide our services shall be at your own risk.
6. GIFT CERTIFICATE
Unless otherwise provided for in this Article of the Terms and Conditions, the provisions set out in other parts of these Terms and Conditions shall apply mutatis mutandis to the modification of the Gift Voucher.
6.1 How can I draw the benefits stated on the voucher?
To redeem the benefits covered by the voucher, you must redeem the voucher that was sent to you in electronic or paper form on the basis of your order. In particular, the voucher contains the following information:
- a description of the service covered by the voucher;
- the period of validity of the voucher;
- a unique numerical code for the voucher;
- the way in which the voucher can be redeemed (i.e. by presenting it to the provider, entering the unique code when ordering online, etc.).
6.2 Is there any restriction on the use of the voucher?
The voucher can only be redeemed once. The voucher is transferable and transferable to another person, including
for a fee. The person presenting a validly acquired voucher has the same rights as the person who
the person who purchased the voucher.
The period of time during which the voucher may be redeemed is limited. The voucher may be redeemed no later than
on the last day of its validity period.
Before redeeming the voucher, please contact us to book your chosen date. Without reservation, the service may not be available for capacity reasons at the requested date.
Please note that the booked date may change from our side or from the side of
provider, especially due to inclement weather or operating conditions. O necessary change of date, we will inform you without undue delay. In this case you have the right to an alternative date, which we will do our best to accommodate.
6.3 When can a provider refuse a voucher?
Please note that a provider may refuse a voucher in certain situations accept the voucher and therefore not provide the benefit. These are cases where:
- the voucher has been submitted after the expiry date;
- the voucher has already been used once;
- the voucher has been invalidated due to withdrawal from the contract;
- it would be contrary to applicable law to provide the person who redeemed the voucher with the benefit of the voucher.
7. WITHDRAWAL FROM THE CONTRACT
7.1 How can you withdraw from a service contract?
In accordance with the Civil Code, you as a consumer cannot withdraw from a contract whose subject matter is the provision of a sightseeing or experience flight without giving a reason, as they are provided within a specified period of time. These services are covered by leisure contracts if they are provided within a specified period of time in accordance with the provisions of Section 1837(j) of the Civil Code and thus fall within the exception to the statutory right of withdrawal within 14 days of the conclusion of the contract. A model form can be used to withdraw from the contract.
7.2 What are the consequences of withdrawal?
Withdrawal from the contract cancels the contract from the outset and is treated as if it had not been concluded.
7.3 What is the process for returning a gift voucher?
If you have been sent a paper voucher, it is not necessary to send it back. Immediately upon receipt of the cancellation, the gift voucher will be invalidated and you will no longer be able to claim services under it.
7.4 When will you get your money back?
We will refund any monies received within 14 days of withdrawal.
7.5 When can we withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
- A technical error has resulted in a manifestly incorrect price for the service on the web interface (article 3.1 of these terms and conditions);
- we have not received the service price from you by the due date;
- for objective reasons, it is not possible to provide the service under the original conditions;
- performance becomes objectively impossible or unlawful,
In the event that any of the above occurs, we will inform you immediately of our withdrawal from the contract.
If you have already paid the price of the service in full or in part, we will refund the amount received within five days of the withdrawal, without payment to the account you provide us with for this purpose or from which you made the payment.
8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
Your rights of defective performance against us are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 1914 to 1925 of the Civil Code).
8.1 For which defects are we liable?
We are liable to you for the fact that our service is free from defects when provided and that it is provided in accordance with the contract. The service is free from defects when provided and is provided in accordance with the contract if:
- it corresponds to its description on the web interface;
- it is provided at the agreed time and for the agreed period;
- it is provided with due skill and care;
- it complies with legal requirements.
8.2 Until when can I complain about the services provided?
Services provided by us can be claimed within a maximum of six months from the date of provision of the service by us. However, we recommend that you complain about the services without undue delay after you have discovered the defect, ideally during the provision of the services. This will facilitate the claim process.
8.3 What rights do you have in respect of defective performance?
If the service has been provided to you defectively, you have in particular the right to:
(a) a free remedy (in particular, additional service or the provision of a replacement service);
b) a reasonable discount on the price of the service;
c) withdrawal from the contract (only if the defective performance is a material breach of contract).
Any other rights under applicable law are unaffected by this provision.
8.4 When are rights based on defective performance not exercisable?
You are not entitled to defective performance rights if:
- you were aware of the defect before the service was provided;
- you have caused the defect yourself, in particular by breaching our instructions, these terms and conditions or the law.
8.5 What is the procedure for making a claim?
You must file a claim with us without undue delay after discovering the defect, preferably during the provision of the service.
Complaints can be made verbally during the provision of the service, after the service has been completed by email, telephone or in writing. When making a claim, we recommend that you describe as precisely as possible what you see as a defect in the service. This will speed up the claim process. At the same time, it is advisable to inform us of the right you have chosen to exercise in respect of the defective performance. The moment of filing a claim is the moment when we are notified of the defect and the right of liability for defects in the service provided is exercised.
When you make a claim, we will issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require. We will also (after the claim has been settled) issue you with a confirmation of the date and method of settling the claim or a written justification for rejecting the claim.
We decide on the received complaint immediately, in complex cases within 3 working days. This time limit does not include the reasonable time required for a professional assessment of the defect. Complaints (including the possible removal of the defect) will be processed without undue delay, at the latest within 30 days from the date of the complaint, unless we agree on a longer period.
In accordance with the Civil Code, you are entitled to reimbursement of the costs reasonably incurred in making the claim. Please note that the right to reimbursement of these costs must be exercised within one month after the expiry of the period within which the defect must be claimed.
9. FURTHER INFORMATION FOR CONSUMERS
9.1 What authorisations do we have to carry out our activities?
We are authorised to provide services on the basis of a trade licence. In particular, our activities are subject to the following authorisations:
- Approved Training Organisation Certificate CZ/ATO-022, issued by the CAA on 31.3.2014
- FSTD Certificate of Competence No. CZ-01 FSTD ULT-28, issued by the CAA on 13.5.2015
9.2 How do we handle complaints?
We handle any complaints via our contact email. You can also contact the Czech Trade Inspection Authority.
9.3 What rights do you have in the event of a consumer dispute?
If you are a consumer and a dispute arises between us under a contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about the services you have purchased from us and to find an ADR entity.
10. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
10.1 Is the content of the website protected by copyright?
The content of the web pages on the web interface (texts including terms and conditions, photographs, images, logos, software and other) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder
rights. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.
The names and designations of products, services, companies and companies may be registered trademarks of their respective owners.
10.2 Liability and use of the web interface
We shall not be liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the function of the system or place an unreasonable load on the system.
If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.
Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to websites, including third party websites.
These terms and conditions are valid and effective from 22. 2. 2022