GENERAL TERMS AND CONDITIONS
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 private photo workshop. 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 Private photography workshop website, you are signing up for the workshop.
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 14 days before the workshop starts, whichever comes first.
The total amount must be paid no later than the day of the agreed date of the private workshop.
If the private workshop is cancelled by me for any reason other than an act of God (war, plague, meteorite fall, etc.), I will refund everything you have paid for it. I will not be responsible for any other costs associated with cancellation.
If you withdraw from the workshop, your deposit will be refunded if you do so at the time it is refundable under 3) (see below), otherwise the deposit will be forfeited. If you withdraw from the workshop 14 days or less before the workshop starts, the payment is non-refundable.
Each person is fully responsible for himself/herself.
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:
The General Terms and Conditions of MarkuSnakus.cz are valid for Private photography workshops (hereinafter referred to as “photography workshop”), 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 Tutor sells photography workshops on the basis of a binding order for a photography workshop.
These General Terms and Conditions of MarkuSnakus.cz (hereinafter referred to as “GTC”) are an integral part of the Binding Order for a photography workshop 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 photography workshop, 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 photography workshops.
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 a photography workshop (hereinafter referred to as the “Order”). The Order is created by completing and submitting the Ordering Form on the website of the given photography workshop 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 photography workshop is indicated on the website of the photography workshop and in the registration form.
The programme of the photography workshop 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 photography workshop 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 14 days before the start of the photography workshop itself, whichever comes first.
The customer is obliged to pay the total price of the photography workshop no later than on the day of its commencement. The payment of the price of the photography workshop shall be deemed to be the date of crediting the payment to the Tutor’s bank account or handing over the cash to the Tutor. Failure to comply with this condition will result in the cancellation of the photography workshop without the right to a refund of the deposit paid to the customer.
The total price of the photography workshop consists of the basic rate and the Tutor’s transport costs. The basic rate is determined by the variant of the photo workshop (Long / Short) and is indicated on the photography workshop page. The variant is chosen by the Customer in the Ordering Form.
The OTutor’s transport costs are 5 CZK / km for the journey from the starting point Unhošt’ u Prahy to the venue of the photography workshop, transfers during the workshop and the return journey.
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 photography workshop, 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 photography workshop, and to notify the Tutor in writing (via email) that another person specified in the notification will participate in the photography workshop instead of the 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) to ensure that persons under 15 years of age are accompanied and supervised by an adult and that persons under 15 years of age are accompanied by a third party with the consent of their legal representatives; similarly, to ensure the accompaniment and supervision of persons whose health condition so requires,
c) 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,
d) receive from the Tutor the documents necessary for the use of the service and to arrive at the place of the photography workshop at the specified time,
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 photography workshop, which are important for the Customer and which are known to the Tutor.
The Tutor is not a travel agency or travel agency. The photography workshop does not take the form of an organised tour.
The Tutor only provides the Customer with a guiding service during the photography workshop.
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 photography workshop.
a) without giving any reason,
b) for any reason, the achievement of which was conditional upon the holding of the given photographic workshop. 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, within 24 hours before the start date of the photography workshop.
c) If the Tutor cancels a photography workshop for any reason other than the Customer’s breach of duty, the Customer shall have the right to request that the Tutor provide another photography workshop corresponding to the one originally agreed upon on the basis of a new Order, if the Tutor can offer such a photography workshop. If in such a case a new Order is not concluded, the Tutor shall be obliged to return to the Customer without undue delay (but no later than within 21 days) everything received from the Customer to cover the price of the photography workshop under the cancelled Order, without the Customer being obliged to pay the Tutor any compensation. If a new Order is made, payments made by the Customer under the original Order shall be deemed to be payments under the new Order. If the price of the new photography workshop is lower than the payments already made, the Tutor is obliged to refund the difference to the Customer without undue delay (but no later than within 21 days). The Customer shall not be entitled to any further financial or other compensation or refund in this case.
d) If the Tutor cancels the photography workshop 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 photography workshop. In such a case, the Customer may use the amount paid for full or partial payment of the price of another photography workshop offered by the Tutor and not occupied. 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 photography workshop offered by the Tutor 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) if a new Order is not concluded in accordance with the provisions of Article VII, paragraph 1, letter b),
c) for breach of the Promoter’s obligations under the Order and the GSP.
The Customer shall deliver a written notice of withdrawal from the Order to the Tutor by e-mail or by SMS to the Organiser’s telephone number.
3. Change of the date / place of the agreed service by mutual agreement.
In the event of bad weather, the date or place of the photography workshop 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 photography workshop by the Organizer:
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 photography workshop according to the cancelled Order, in case of cancellation of the photography workshop 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 (e.g. for transport, accommodation, insurance, etc.) in this case.
2. Cancellation fees in case of cancellation of participation in the photography workshop by the Customer:
a) In case of cancellation of the participation in the photography workshop within 14 days from the payment of the deposit or 14 days before the start of the photography workshop 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 photography workshop) according to the cancelled Order to the account specified by the Customer.
c) In the event of cancellation of participation in a photography workshop 7 days or less before the commencement of the photography workshop, or if the Customer fails to pay the balance of the total amount at least 24 days before the agreed date of the photography workshop, or if the Customer fails to attend the photography workshop without prior cancellation, or if the Customer is unable to continue with the photography workshop for any reason, the payments collected from the Customer shall be forfeited to the Tutor and are 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 photography workshop.
Article X – INDEMNIFICATION
The photography workshop of MarkuSnakus.cz does not include travel insurance for the Customer, nor insurance in case the Customer incurs costs in connection with cancellation of the contract.
The MarkuSnakus.cz photography workshop does not include any other insurance (e.g. accident insurance, liability insurance,…).
From the beginning to the end of the photography workshop (including travel to and from the photography workshop), the Tutor is not liable for any damages caused by the Customer’s behaviour, for any injuries or death of the Customer and for the Customer’s illegal actions. Neither the Customer nor anyone else shall be entitled to any compensation, indemnity or damages from the Tutor in the event of such an event (injury, death, damage, wrongful act).
The Customer understands that he/she assumes full responsibility for the consequences of damages arising from his/her actions and conduct during the photography workshop.
The Customer is aware of the difficulty of the photography workshop, which takes place, among other things, outdoors in terrain (usually rather mild, but sometimes more difficult), including possible deteriorated weather conditions (rain, frost, snow, ice, windstorms,…) and is fully responsible for his/her own safety throughout the photography workshop (regardless of what activities he/she will perform during the photography workshop and at what location).
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 photography workshop or which would require special care during the photography workshop or which he/she should bring to the attention of the Tutor and, where appropriate, consider or discuss participation in the selected photography workshop due to its potential difficulty.
These GTCs shall take effect on February 22nd 2023. These GTCs shall govern rights and obligations arising from their effective date.
In Prague, April 27th 2022