General Terms and Conditions of Yoga Lessons and Courses Organized by Zbyněk Haluza (Registered number) IČ: 76301311
Validity of the General Terms and Conditions (hereinafter referred to as the "GTC") from 1.12.2019
1. General information
1.1. These General Terms and Conditions of Lessons and Courses (“GTC”) apply to yoga lessons and yoga classes organized by Zbyněk Haluza, located at Nad Smetankou 225/2, 190 00 Prague 9, Identification number: 76301311, The entrepreneur is registered in the Trade Register of the District Office of Prague 9, (hereinafter referred to as “operator” or “seller”)
1.2. The aim of the lessons and courses is to create the conditions and ensure the conduct of the lesson or course by a competent person (hereinafter referred to as the "instructor") so that the participants can learn the basics of yoga or develop their knowledge and skills in yoga practice. The Operator does not guarantee that each participant in a lesson or course will, upon completion, achieve a certain level of performance that the participant could expect.
1.3. The contract between the operator and the participant of the lesson or course arises at the moment when the participant in the manner pursuant to Part 2 of these GTC is obligatory to register for the lesson or course. From this moment, the operator undertakes, under the conditions stated in these GTC, to enable the participant of the lesson or course to attend their chosen lesson or course and to provide professional management of the lesson or course. The participant undertakes to pay the operator a fee for a lesson or course in the amount and manner according to Part 3 of these GTC, to follow these GTC and to follow the instructions of the operator and the instructor during the lesson or course.
1.4. For the purposes of these GTC, the term “participant”, “buyer” or “you” means, as applicable, (i) a participant in a lesson or course in respect of a person fully competent for legal acts, (ii) a child attending a lesson or course and its legal representative in other cases.
1.5. The Terms and Conditions do not apply to cases where a person who intends to purchase services from the Seller is a legal entity or a person who acts in ordering goods and services in the course of his / her business activity or within his / her independent profession.
1.6. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.7. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech or English. The purchase contract can be concluded in Czech or English. In case of doubt, the Czech version of the GTC shall prevail.
1.8. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions. The Seller undertakes to publish the new version of the GTC on the website www.yogaspace.cz. The new version of the GTC is valid on the date of its publication, unless there is a different effective date.
2. Registration for individual lessons, registration for the course
2.1. The current offer of individual lessons and courses is available at www.yogaspace.cz and in English at www.yogaspace.eu (hereinafter referred to as the “website”). The website also provides a description of each lesson and course. The duration of the courses is also stated, the courses are usually offered for 10 - 20 lessons.
2.2. Anyone interested in the course can choose any course from the operator's offer. The operator invites those interested in courses to adapt the course selection to their abilities and health. Courses organized by the operator require adequate physical fitness (depending on the type of course chosen). It is important that you carefully read the description of the lesson or course and who it is intended for. By signing up for a lesson or course, the participant confirms that he / she is aware of his / her state of health and considers it suitable for participating in the selected lesson or course and that he / she is not aware of any other facts that would restrict or for a lesson or course.
2.3. If the operator or instructor of a given lesson or course finds that you have chosen a lesson or course that does not match your abilities or medical condition, the operator reserves the right to transfer you to another appropriate course or if you do not agree to the transfer to terminate your participation in a lesson or course; the cancellation conditions under these GTC are not affected.
2.4. Individual lessons or a new course can be enrolled primarily through the online reservation system Sportimea, which is available through the website www.yogaspace.cz and in English www.yogaspace.eu. In the reservation system, you can select (a) the type of lesson or course, (b) the establishment where the selected lesson or course is taking place, (c) the time of the lesson or course.
2.4.1. Upon registration of the buyer on the website, the buyer can access its user interface. From its user interface, the buyer can purchase credits for booking individual lessons, enroll for individual lessons, enroll in courses and pay tuition fees, manage reservations (hereinafter referred to as the "user account").
2.4.2. When registering on the website and ordering services, the buyer is obliged to state correctly and truthfully all the data. The Buyer is obliged to update the data entered in the user account upon any change. The information given by the buyer in the user account and when ordering goods and services is considered correct by the seller.
2.4.3. Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.4.5. The Seller may cancel the user account, especially if the buyer has not used his user account for more than 180 days, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.4.6. The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller. necessary maintenance of third party hardware and software.
2.5. Follow the instructions in the booking system to complete the course application or to register for each lesson. Before submitting your application for a lesson or course, please familiarize yourself with these GTC and tick the appropriate box to express your agreement with them. By submitting your application becomes binding.
2.6. Please note that enrollment for a course organized by the operator is only possible through the reservation system specified in point 2.4 of these GTC. The operator does not accept any other way of registering for courses. By enrolling in the course, you will secure a place for all the lessons of the course.
2.7. Please note that registration (booking) for individual lessons is only possible through the reservation system specified in point 2.4 of these GTC. To make a reservation, it is necessary to have a valid credit in the user account in a sufficient amount. By making a reservation, you can reserve a place for the lesson. The operator does not accept any other way of booking for individual lessons. Individual lessons can also be attended without prior reservation, the availability of lessons can be verified in the timetable on the website.
2.8. By making a reservation in the reservation system, the participant will reserve a place for one lesson. By enrolling in the course, the participant will secure a place at all the course lessons. If the participant does not attend the lesson for which he / she is enrolled (whether it is a course or a single lesson) at least 3 minutes before the start of the lesson, the operator reserves the right to cancel the reservation with a penalty and offer it to another candidate. In this case, it is considered that the participant has not attended the lesson and is not entitled to:
2.8.1 lesson replacement
2.8.2. refund of credits used to book the lesson.
3. Fee for individual lessons and course. Cancellation Policy.
3.1. The current price list of lessons and courses offered by the operator is available at www.yogaspace.cz and in English at www.yogaspace.eu. You can also find out the prices of lessons and courses through the reservation system. The fee for one lesson or course includes entry to the establishment, use of sanitary facilities, use of dressing rooms and lockers, professional management of the lesson or course, use of aids for exercise for the duration of any lesson.
3.2. Courses - fees and cancellation conditions
3.2.1. At the moment of sending the binding application for the course, the participant undertakes to pay the operator the price of the selected course. If you apply for the course via the reservation system according to 2.4. of these GTC, you will be automatically redirected to the payment gateway GoPay, through which you can pay the fee for your chosen course.
3.2.2. The buyer has the right to participate in the selected course only at the moment of payment of the course fee. The operator has the right not to allow participation in the course, respectively the lesson of the course, if the participant did not pay course fee properly before the start of the course or given course hours. After paying the fee for the selected course, the buyer will receive an email message confirming the successful payment for the selected rate. In the case of payment by bank transfer, the payment is understood as crediting the given amount to the bank account of the operator.
3.2.3. The course participant may withdraw from the contract concluded under these GTC if his / her health condition does not allow him / her to attend the course or if he / she has decided not to continue in the course. In such a case, the participant is obliged to notify the operator in writing (including email) of the termination of his / her participation in the course, subject to the following cancellation conditions:
3.2.3.1. if the participant delivers a written notice to the operator about the termination of his / her participation in the course 15 or more days before the beginning of the course, the operator will transfer 50% of the participant's paid price to credits (1 CZK = 1 credit) and credit the subscriber's user account in the reservation system. The received credits are valid for 6 months from the date the participant announced the end of their course attendance.
3.2.3.2. if the participant delivers a written notice to the operator about the termination of his / her participation in the course 14 or less days before the beginning of the course, the operator will transfer 30% of the participant's paid price to credits (1 CZK = 1 credit) and credit the subscriber's user account in the reservation system. The received credits are valid for 6 months from the date the participant announced the end of their course attendance.
3.2.3.3. if the participant delivers written notice to the operator about the termination of his / her further participation in the course after the beginning of the 1 lesson, the operator is not obliged to return any part of the paid course price to the participant.
3.2.4. The participant is entitled to a refund of the course fee or an aliquot part of the course if he / she is unable to attend the course or individual lessons due to reasons demonstrably caused by the operator.
3.3. Individual lessons, their payment and cancellation conditions
3.3.1. Making reservations through the reservation system is only possible if the customer has enough valid credits in the user account.
3.3.2. Credits purchased for bookings and payment of each lesson are valid for 12 months from the date of payment. The purchased credits cannot be refunded.
3.3.3. If the customer makes a reservation for one lesson, the lesson will be paid from the credits in the customer's user account.
3.3.4. If a customer fails to attend a booked lesson, they are not entitled to a substitute lesson or refund of the credits used to pay for the lesson.
3.3.5. The customer is entitled to a refund of credits used to pay the lessons in the event that he / she cannot attend the lessons due to reasons demonstrably caused by the operator.
3.4. Paying for 60 minute lesson with MultiSport card
3.4.1. The customer creates a user account in the reservation system
3.4.2. The customer buys MULTISPORT membership in the reservation system (button "Online store"). MULTISPORT membership fee is 0 CZK.
3.4.3. The customer buys 200 credits in the reservation system (button "Buy credits"). These credits allow to make booking for a 60-minute lesson, serve as guarantee for MultiSport card payment, are valid 12 month and are non-refundable.
3.4.4. If the buyer arrives at the booked lesson and pays the lesson with the MultiSport card, the credit used to book the lesson will be returned to its user account. The credit is updated one hour after the end of the lesson.
3.4.5. If the buyer does not show up for the booked lesson or makes a booking other way than with MULTISPORT membership, the credit used to book the lesson will be deducted. In the event that the credit deposited free of charge by the seller to the buyer's user account is exhausted, the buyer will purchase the additional credit required for booking the lessons.
3.4.6. In the event of cancellation of MULTISPORT membership or cancellation of the user account by the buyer or the seller, the buyer is not entitled to compensation for free credits deposited.
3.5. Check-out of lessons is possible in the reservation system at least 2 hours before the lesson starts.
3.6. The rights and obligations of the contracting parties in respect of rights from defective performance (complaint) are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. consumer protection, as amended).
4. Compensation for missed course lessons
4.1. It is possible to replace a certain number of missed lessons in another course. For each course there is a precise number of lessons that can be replaced. The participant is not entitled to compensation for another missed lesson and the operator is not obliged to allow compensation for another missed lesson.
4.2. It is possible to replace only those lessons from which the course participant has logged out (canceled) in his / her user account in the reservation system properly and in time (according to point 3.5. Of these GTC). After logging out of the lesson, the reservation system generates a replacement pass, which the buyer uses to reserve the replacement lesson.
4.2.1. Substitute lessons can only be applied to some lessons. If it is not possible to enroll to the selected lesson with replacement pass, this lesson is not open for substitution.
4.2.2. Substitute classes of a course can be used only until the end of the week (Sunday, time 23:59), in which the course ends.
4.2.3. Participation in the course class can be canceled (unsubscribed) in the reservation system. Log in to the timetable under your username. Click on your username (in the top right of the timetable), select "My Account". From the list of your reservations, select and open the lesson you want to unsubscribe from, click "Cancel Participation" and follow the instructions to cancel your participation in the class.
5. Rights from defective performance (complaint)
5.1. The rights and obligations of the contracting parties regarding rights from defective performance (complaint) are governed relevant generally binding legal regulations.
5.2. The seller is responsible to the buyer that the content of each lesson and course corresponds to the description given by the seller.
5.3. In case of dissatisfaction with the quality of the lesson or course, it is ideal to deal with the situation on the spot with the instructor. If the solution did not work out to your liking, write to yoga@yogaspace.cz, or by mail to the address of the registered office or establishment and describe the situation. Please contact us within 7 days of the situation. Please specify the following in your message or letter:
5.3.1. the date and time of the lesson to which your initiative relates.
5.3.2. name and surname of the participant of the lesson or course
5.3.3. contact information
5.3.4. description of the situation
5.4. We will get back to you as soon as possible. If there is a mistake on the part of the Seller, within 7 days of accepting the claim, part or all of the amount paid will be refunded in the form of credits to the user account. Credits are valid for 6 months.
5.5. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the Seller's Complaints Procedure.
6. Rights and obligations of the Contracting parties
6.1. The operator undertakes to ensure the professional management of the whole courses and individual lessons (hereinafter referred to as lessons or lessons) through instructors. The operator can lend the equipment needed or suitable for exercise during the lessons. The participant is responsible for damage or destruction of the borrowed equipment, unless otherwise agreed with the operator or instructor.
6.2. The operator is not responsible for the adult participants of the lessons or for the common areas of the building where the facility is located, in which the courses and lessons take place. In relation to underage participants, the operator or the instructor authorized by him / her assumes responsibility for underage participants during the lesson, especially after the minor enters the establishment until his / her departure from the establishment after the lesson.
6.3. Participants of courses and individual lessons are obliged to:
6.3.1. follow the instructions and recommendations of the instructor during the lessons;
6.3.2. respect and follow the instructions given by the operator when in the establishment where the courses and classes take place;
6.3.3. Respect the course management by the instructor and do not interfere in the course or conduct of the lesson.
6.4. The operator reserves the right to refuse a participant's participation in the lesson without any claim for compensation if (i) the participant's condition is, in the view of the instructor, not suitable for attending the lesson (medical condition, reasonable suspicion that the participant is under the influence of alcohol or other narcotic or addictive substances, etc.) (ii) the participant disturbs the other participants of the lesson or fails to comply with the instructions and recommendations of the instructor during or before the start of the class or (iii) for other serious reasons.
6.5 Early termination of a participant's participation in a course or lesson is subject to the cancellation conditions set out in these GTC.
7. Other rights and obligations of the contracting parties
7.1. By signing up for the course and attending the lesson, the participant:
7.1.1. Honestly declares that he / she is not aware of any obstacle that would prevent to attend the course or threaten his / her health;
7.1.2. confirms that he / she has had the opportunity to become acquainted with these GTC, hygiene, organization and safety rules applicable to the selected course or lesson;
7.1.3. acknowledges that in the event of failure to comply with the GTC, he or she may be excluded from the course or individual lessons without claiming any compensation;
7.1.4. agrees that the operator may make photographs and video recordings of the lessons for teaching purposes and that they may also be used for marketing purposes without entitlement to remuneration for the participant, and
7.1.5. expresses its consent to these GTC and undertakes to observe them.
7.2. The buyer acquires ownership of the goods or service by paying the full purchase price of the goods or service.
7.3. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826, Para. e) of the Civil Code.
7.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
7.5. The Seller is entitled to sell goods and services on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
7.6. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
7.5. The provisions of these GTC are without prejudice to the rights of course participants and individual lessons under relevant consumer protection legislation.
8. Personal data protection and business messages
8.1. Personal data protection of a natural person buyer is provided by a law no. 101/2000 Sb., about a personal data protection and its regulations.
8.2. The buyer agrees that his following data will be used: name and surname, home address, business identification number, VAT number, e-mail address, phone number (further on these collective data are referred to as “personal data”).
8.3. The buyer agrees with the use of his/her personal data by the seller for the purpose of fulfilling the obligations arising from the contract and for maintaining his/her user’s account. Without choosing other option, the buyer also agrees to receive business notifications and offers from the seller. The personal data protection agreement in it’s full wording as per this paragraph is not a condition that would by itself only prevent concluding a contract.
8.4. The buyer agrees that while creating a user’s account or reservation, while placing an order through the on-line shop and while maintaining his user’s account, he/she will provide correct and valid personal data and that he is obliged to inform about any changes that might arise.
8.5. The seller can authorize a third person to process buyer’s personal data. Apart from delivery companies and personnel the buyer’s personal data will not be disclosed to third parties without the prior agreement of the buyer.
8.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
8.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information.
8.8. Should the Buyer believe that the Seller or the processor (Article 8.5) is processing his / her personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, it may:
8.8.1. ask the seller or processor for an explanation,
8.8.2. require the seller or processor to remedy the situation.
8.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
9. Sending business messages and storing cookies.
9.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
9.2. The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may at any time withdraw the consent under the previous sentence.
10. Final regulations
10.1. If the business relation based on the purchase contract includes international (foreign) element, then the parties agree that the relation is based on the Czech law. That does not affect consumer rights arising from the general legal regulations.
10.2. In case of non-validity of one or more business regulations, or if it will become non valid, If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.4. Seller's contact details: delivery address: Zbyněk Haluza, Nad Smetankou 225/2, 190 00 Prague 9, email address yoga@yogaspace.cz.
10.5. All information is available at www.yogaspace.cz and www.yogaspace.eu
Protection of personal data
When ordering goods, we ask the buyer only the personal information that is necessary to issue a tax document and delivery of goods. This information is protected and inaccessible to third parties. The only exception is:
- MOTYZA s.r.o. Slovakia, IČ: 46923 152, which operates the reservation system www.sportmea.com
- independent servers that are involved in improving the quality of services provided through customer feedback, such as ratings, reviews, and customer experiences posted on Heureka.cz; GOPAY s.r.o. , which provides and processes card payments over the Internet from the Buyer.
Ordering method
Goods can be ordered in our online shop as follows:
- Courses and credits can be ordered online directly on our website. After displaying the goods in the basket, the customer is presented with an order form to fill in and send.
- Credits can also be ordered and paid in cash in person at the Seller's premises or the credits can be paid for without prior order by bank transfer and than informing the seller of the payment by email.
All orders placed in any of the above methods are binding.
EET
Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.
