GENERAL TERMS AND CONDITIONS
MarkuSnakus.cOM
Introductory word
Below you will find the general terms and conditions concerning the relationship between me, Marek Ondracek (MarkuSnakus), 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 website of the specific photography workshop, 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 automatically cancelled.
- The deposit of 50% of the total price is refundable within 30 days of payment, or within 30 days before the workshop starts, whichever comes first.
- The remaining 50% of the total price must be paid no later than 30 days prior to the starting date of the photo workshop.
- If the photo workshop is cancelled by me for any reason other than situations I couldn’t affect, like a sickness or an act of God (war, plague, meteorite fall, etc.), I will refund everything you have paid for it. However, I will not be responsible for any other costs associated with the cancellation.
- If you withdraw from the workshop, your deposit will be refunded if you do so at the time it is refundable under Article VIII (see below), otherwise the deposit will be forfeited. If you withdraw from the workshop 30 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:
INTRODUCTORY PROVISIONS
- The General Terms and Conditions of MarkuSnakus.com are valid for group photography workshops (hereinafter referred to as “photo workshop”), the organizer of which is Marek Ondracek, Chynava c.ev. 407, 267 07 Chynava, 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.com (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.com, i.e. Marek Ondráček, ID No.: 75535106
b) the customer – the participant of the photography workshop (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.
- If the Customer does not pay the deposit by bank transfer to the Tutor’s account within 14 days after 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.
- Accommodation, which may be mentioned in the Order, is not part of the services provided by the Tutor and the Customer is responsible for his/her own accommodation. The Customer can request in the Order the booking of accommodation on his/her behalf through the Tutor. In such case, the Tutor would attempt to book a room for the Customer in the same accommodation facility as the Tutor will be staying in and where the photo workshop would be based.
- In the event of expressing interest in booking accommodation in the Order or via email, the Customer agrees to the booking of accommodation on his/her behalf and the transfer of the Customer’s contact details (name, surname, telephone, email + any other details requested by the accommodation facility) by the Tutor to the accommodation facility for this purpose.
- The Tutor does not guarantee that it will be possible to arrange accommodation for the Customer. In the event of full occupancy of the accommodation facility, the Tutor will notify the Customer of this fact without undue delay by e-mail or SMS and the Customer will then arrange accommodation individually. The Tutor also does not guarantee that the entire room will be available for the Customer and it may be necessary to share the room with another Customer.
- The length, starting and ending dates of the photography workshop are indicated on the website of the photography workshop.
- The photography workshop itinerary is subject to change depending on weather and other external conditions or as agreed with the participants of the photography workshop.
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 total price of the specific photography workshop within 14 days after sending the Order, in the form of a bank transfer to the Tutor’s account – IBAN: CZ8230300000001184824032 ; BIC: AIRACZPP.
- The paid deposit is refundable within 30 days after its payment or within 30 days before the start of the photography workshop itself, whichever comes first.
- The customer is obliged to pay the remaining 50% of the total price of the photography workshop no later than 30 days prior to the starting date of the photo workshop. The payment of the total price of the photography workshop 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 photography workshop without the right to a refund of the deposit paid to the customer.
- The Tutor 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 eventual documents necessary for the use of the service and to arrive at the place of the photography workshop at the specified time,
e) carry all documents required for entry into the respective countries where the photography workshop is taking place (including transit countries),
f) comply with vaccination or other medical obligations when travelling to the countries for which they are stipulated by health regulations and have the relevant medical certificates.
g) comply with the regulations in force in the country where the photography workshop is taking place, including those of any transport and accommodation providers ( whose services the customer individually uses),
h) act in such a way as to avoid damage to the health or property to the expense of the Tutor and other workshop participants and pay for any damage caused to them in the consequence of his/her actions,
i) refrain from actions that would restrict the rights and comfort of other workshop participants.
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. The photography workshop does not take the form of an organised tour and the transportation, accommodation and other services except for the tutoring are not officially included in the Tutor’s services provided within the photo workshop.
- The Tutor only provides the Customer with a tutoring 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, especially if the minimum number of participants is not reached (usually ½ of the maximum number of participants mentioned on the website of the specific photo workshop) 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 7 days before the starting date of the photography workshop or no later than 24 hours after the discovery of an obstacle to conducting the 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 21 days) all the money 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 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 his sickness or an act of God (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 after the cancellation of the original photo workshop. 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.,
c) for breach of the Tutor’s obligations under the Order and the GTC.
The Customer shall deliver a written notice of withdrawal from the Order to the Tutor by e-mail or by SMS to the Tutor’s phone number.
Article VIII – CANCELLATION FEES
1. Cancellation fees in case of cancellation of the photography workshop 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 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) and c).
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 30 days from the payment of the deposit or 30 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.
b) In the event of cancellation of participation in a photography workshop 30 days or less before the commencement of the photography workshop, or if the Customer fails to pay the remaining 50% of the total price at least 30 days before the starting 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 (sickness, act of God / force majeure) or circumstances on the part of the Customer, on the basis of which the Customer does not use the services ordered, paid for and provided by the Tutor 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 – INSURANCE
- The photography workshop does not include travel insurance for the Customer, nor insurance in case the Customer incurs costs in connection with cancellation of the contract.
- The 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, within 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 his/her family members or relatives 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 mostly outdoors (usually rather mild terrain, but sometimes eventually a bit more physically demanding), including possible worsened 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 whatever location).
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 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.
- The customer is obliged to comply with the customs regulations of the countries visited (especially the amount of food and alcohol carried). The Tutor is not responsible for non-compliance.
- These GTCs shall take effect on February 22nd 2025 and further. These GTCs shall govern rights and obligations arising from their effective date.
In Prague, February 22nd 2025
MarkuSnakus.com
Marek Ondráček