GENERAL TERMS AND CONDITIONS
MarkuSnakus.cz
Introductory word
Below you will find the general terms and conditions concerning the relationship between me, Marek Ondráček, and you, the (potential) customer and participant of my online consultation. However, since we are mainly people and not “legal entities”, I am first of all writing a few simple statements that summarize everything briefly:
By filling out and submitting the Ordering form on the Online consultation website, you are signing up for the online consultation.
In reality, this is only binding when you pay the deposit. If you do not pay it within 14 days of registering, your registration is not binding on you or me.
The deposit of 50% of the base rate is refundable within 14 days of payment, or within 7 days before the online consultation date, whichever comes first.
The total amount must be paid no later than 7 days prior to the agreed date of the online consultation.
If the online consultation is cancelled by me for any reason other than an act of God (war, plague, meteorite fall, etc.), we will settle a new date for it. If I cancel it again, I will refund everything you have paid me for it. I will not be responsible for any other costs associated with the cancellation.
If you cancel the online consultation, we will settle a new date for it. If you cancel it again, your deposit or the whole payment is non-refundable.
As I have announced, the human approach is primary for me, and I take these general terms and conditions as an insurance for you and for me, so that simply everything is written down in black and white. Of course, it is all about communication and mutual receptiveness, which is why it is often possible to come to an agreement regardless of what is set out below.
So, that would be the human, hopefully understandable part, and now comes the extensive, official part:
INTRODUCTORY PROVISIONS
The General Terms and Conditions of MarkuSnakus.cz are valid for private Online consultation (hereinafter also referred to as “consultation”), the organizer of which is Marek Ondráček, Pohnertova 1724/4, 182 00 Prague 8, Czech Republic, ID: 75535106 – the entrepreneur is registered in the Trade Register (hereinafter referred to as “Tutor”).
The Organizer sells online consultations on the basis of a binding order for a online consultation.
These General Terms and Conditions of MarkuSnakus.cz (hereinafter referred to as “GTC”) are an integral part of the Binding Order for a online consultation concluded between the Customer and the Tutor.
Article I – PARTICIPANTS OF THE CONTRACTUAL RELATIONSHIP
The parties to the contractual relationship are:
a) the Tutor – MarkuSnakus.cz, i.e. Marek Ondráček, ID No.: 75535106
b) the customer – the participant of the online consultation, which may be either a physical or a legal person (hereinafter referred to as the “Customer”).
Article II – SUBJECT OF THE CONTRACTUAL RELATIONSHIP
These GTC govern the rights and obligations of the parties in the sale and conduct of online consultations.
Article III – CONTRACTUAL RELATIONSHIP AND CONTENT OF THE CONTRACT
The contractual relationship between the Customer and the Tutor is established by the conclusion of an Order for an online consultation (hereinafter referred to as the “Order”). The Order is created by completing and submitting the Ordering Form on the website of the online consultation or by e-mail communication.
If the Customer does not pay the deposit by bank transfer to the Tutor’s account within 14 days of sending the Order, the contract will be automatically cancelled and the contractual relationship between the Tutor and the Customer will terminate without any claims of both parties.
The length of the online consultation is indicated on the website of the online consultation and in the registration form.
The programme of the online consultation is determined by mutual agreement between the Tutor and the Customer via e-mail.
Article IV – PRICING AND PAYMENT TERMS
After sending the Order, the Customer is obliged to pay a deposit in the amount of 50% of the basic rate of the given variant of the online consultation within 14 days of sending the Order, in the form of a bank transfer to the Tutor’s account – 1184824032/3030 ; IBAN: CZ8230300000001184824032 ; BIC: AIRACZPP.
The paid deposit is refundable within 14 days of its payment or within 7 days before the start of the online consultation itself, whichever comes first.
The customer is obliged to pay the total price of the online consultation no later than 7 days prior to its commencement. The payment of the price of the online consultation shall be deemed to be the date of crediting the payment to the Tutor’s bank account. Failure to comply with this condition will result in the cancellation of the consultation without the right to a refund of the deposit paid to the customer.
The total price of the consultation is determined by the variant of the consultation and is indicated on the Online consultation page. The variant is chosen by the Customer in the Ordering Form.
The organizer is not a VAT payer.
Article V – CUSTOMER’S RIGHTS AND OBLIGATIONS
1. The basic rights of the Customer include, but are not limited to:
a) The right to the proper provision of the agreed and paid service,
b) the right to request from the Tutor information on all facts known to the Customer which concern the agreed and paid service,
c) the right to be informed of any changes to the agreed service,
d) the right to protection of personal data contained in the Order or other documents from unauthorised persons,
e) the right to receive additional and important information about all facts known to the Tutor, unless already stated in the Order or on the website of the online consultation, usually to the email address specified in the Order
f) the right to assign the Order to a third party, if the third party meets the conditions for participation in the consultation, and to notify the Tutor in writing (via email) that another person specified in the notification will participate in the consultation instead of him.
2. The Customer’s basic obligations include, but are not limited to:
a) to provide the Tutor with such cooperation as is necessary for the proper provision and delivery of the Service, in particular to provide the Tutor with true and complete information requested in the Order, including any changes to such information,
b) provide the consent of the legal representatives in case the Customer over 15 years of age and under 18 years of age intends to conclude the Order,
Article VI – DUTIES AND RIGHTS OF THE TUTOR
The rights and obligations of the Customers set out in Article V are subject to the corresponding obligations and rights of the Tutor.
The Tutor is obliged to inform the Customer truthfully and properly about all facts concerning the agreed service, i.e. the consultation, which are important for the Customer and which are known to the Tutor.
Article VII – CANCELLATION AND CHANGES TO THE AGREED SERVICE
1. Cancellation of the agreed service by the Tutor
The Tutor is entitled to cancel the consultation
a) without giving any reason,
b) for any reason, the achievement of which was conditional upon the holding of the given consultation. In this case, the Tutor is obliged to notify the Customer of the cancellation of the photography workshop in writing to the email address specified in the Order, or in exceptional cases by phone call or SMS message to the phone number specified in the Order.
c) If the Tutor cancels the consultation, he will then without undue delay contact the Customer to settle on a new date of the consultation. The money paid by the Customer for the original consultation will be automatically transferred to the new consultation. If then Tutor cancels the consultation again, the Tutor shall be obliged to return to the Customer without undue delay (but no later than within 21 days) everything he received from the Customer to cover the price of the consultation under the cancelled Order. The Customer shall not be entitled to any further financial or other compensation or refund in this case.
d) If the Tutor cancels the consultation due to force majeure (according to the provisions of Article IX, paragraph 1), the Customer shall not be entitled to a refund of the amount paid or a discount on the price of the consultation. In such a case, the Customer may use the amount paid for full or partial payment of the price of the consultation to order a new consultation. In such case, the Tutor is obliged to use the amount paid by the Customer for such purpose. The Customer has the option to transfer the amount paid to another consultation for a period of 1 year from the date of payment. Upon expiry of this period, the amount paid shall be forfeited to the Tutor.
2. Cancellation of the agreed service by the Customer.
The Customer is entitled to withdraw from the participation in the photography workshop before its commencement.
a) without stating a reason,
b) for breach of the Tutor’s obligations under the Order and the GSP.
The Customer shall deliver a written notice of the consultation order to the Tutor by e-mail or by SMS to the Tutor’s telephone number.
3. Change of the date / place of the agreed service by mutual agreement.
The date of the consultation may be changed at any time by mutual agreement between the Tutor and the Customer, provided that both parties agree to the change. The mutual agreement is confirmed by both parties via e-mail communication.
Article VIII – CANCELLATION FEES
1. Cancellation fees in case of cancellation of the consultation by the Tutor:
a) The Tutor shall refund to the Customer 100% of the funds paid by the Customer and received from the Tutor to cover the price of the consultation according to the cancelled Order, in case of repeated cancellation of the consultation by the Tutor, according to Article VII, paragraph 1, letter b).
b) The Customer shall not be entitled to any further financial or other compensation or reimbursement in this case.
2. Cancellation fees in case of cancellation of participation in the consultation by the Customer:
a) In case of cancellation of the participation in the consultation within 14 days from the payment of the deposit or 7 days before the start of the consultation itself, whichever is earlier, the Tutor shall refund 100% of the funds paid by the Customer and received by the Tutor from the Customer up to that time (i.e. up to the date of cancellation of the Customer’s participation in the consultation) according to the cancelled Order to the account specified by the Customer.
c) In the event of cancellation of participation in the consultation 48 hours or less before the commencement of the consultation, or if the Customer fails to pay the balance of the total amount at least 7 days before the agreed date of the consultation, or if the Customer fails to attend the consultation without prior cancellation, or if the Customer is unable to continue with the consultation for any reason, the payments collected from the Customer shall be forfeited to the Tutor and is therefore non-refundable.
Article IX – CLAIMS
In the event of circumstances, the occurrence, course and or consequence of which are not dependent on the will, action and procedure of the Tutor (force majeure) or circumstances on the part of the Customer, on the basis of which the Customer does not use the ordered, paid and provided by the Tutor service in whole or in part, the Customer is not entitled to a refund of the amount paid or a discount on the price of the consultation.
FINAL PROVISIONS
By submitting the Order, the Customer also declares that he/she has read these GTCs, that he/she has fully understood these GTCs, that he/she has no objections to the GTCs and that he/she is not aware of any limitations, whether medical or otherwise, which would prevent him/her from participating in the agreed consultation or which would require special care during the consultation.
These GTCs shall take effect on February 22nd 2023. These GTCs shall govern rights and obligations arising from their effective date.
In Prague, February 22nd 2023
MarkuSnakus.cz
Marek Ondráček