Terms of business

Terms of business of the company BeerBreaks.com, s.r.o., with registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, entry no. 361558, Company ID: 142 35 561, for the provision of a service via the website www.beerbreaks.com.

  1. Introductory provisions

    1. These Terms of Business (‘Terms of Business’) regulate mutual rights and obligations of the parties arising from the conclusion of and from Contracts for the Provision of Services between the company BeerBreaks.com, s.r.o, with registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, company ID 142 35 561, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, entry no. 361558 (‘Broker’), and other natural persons (‘Contract for the Provision of Services’ and ‘Client’). The Terms of Business further regulate rights and obligations relating to the use of the web presentation of the Broker located at the internet address www.beerbreaks.com (‘Website’) and other related legal relationships.
    2. The Terms of Business form an inseparable part of the Contract for the Provision of Services. The Contract for the Provision of Services and the Terms of Business are executed in english language. A Contract for the Provision of Services may be concluded in english language.
    3. Once the Client has consented to a new version of the Terms of Business, the previous Terms of Business shall cease to be effective, and the new version of the Terms of Business shall become an inseparable part of the Contract for the Provision of Services.
    4. The contractual parties agree that the Broker may amend the Terms of Business unilaterally to a reasonable extent. The Client shall be notified of the amendment to the Terms of Business by an email sent to their address specified in the user account (clause 3) or by way of a message displayed in the user account. The Client may reject the amendment to the Terms of Business and thus terminate the Contract for the Provision of Services within a notice period of one (1) month.
  2. Definitions of certain terms

    1. Service means the Broker’s service provided via the Website consisting of the ability to order an excursion, visit, organised trip or another experience secured by a third party at their own responsibility (‘Provider’ and ‘Experience’). The Client shall be provided with an Experience on the basis of a separate contractual relationship between the Client and the Provider (clause 2.2).
    2. Contract with the Provider includes an informal contract between the Provider and the Client in respect of the provision of an Experience by the Provider to the Client in return for payment.
  3. User account

    1. On the basis of the Client’s registration on the Website or on the basis of a previous purchase from the Broker, the Client may access their user interface at the internet address beerbreaks.com. From their user interface, the Client may order Experiences and manage their personal details (‘User Account’).
    2. The Client shall update the details provided in the User Account every time they change in any way. The Broker shall deem the details provided by the Client in the User Account to be correct.
    3. Access to a User Account is secured with a username (email address) and a password. The Client shall treat as confidential information required in order to access their User Account; the Client acknowledges that the Broker shall bear no responsibility for a breach of this obligation by the Client.
    4. The Broker may block the Client from using their User Account (and the Service), in particular if the Client breaches their obligations arising from the Contract for the Provision of Services (including the Terms of Business).
    5. The Client acknowledges that the User Account does not have to be accessible continuously, particularly having regard to the necessary maintenance of the Broker’s or third-party hardware and software equipment.
    6. The Broker may delete the Client’s User Account, in particular if the Client has not used their User Account for more than six (6) months, or if the Client breaches their obligations arising from the Contract for the Provision of Services (including the Terms of Business).
  4. Conclusion of a contract for the provision of services

    1. The Client makes an offer to conclude a Contract for the Provision of Services by completing an order form (including specification of an Experience) and by sending the selected details to the Broker by clicking the respective button (collectively ‘Order’). For the purposes of the Terms of Business, the details provided by the Client in a Registration Request are deemed to be correct.
    2. Following receipt of an order by the Broker, the Broker shall send to the email address specified by the Client in the Order (‘Client’s Address’) consent to conclude a Contract for the Provision of Services (‘Acceptance’). A Contract for the Provision of Services shall be concluded once the Client has received an Acceptance.
    3. The Client agrees that the Broker may start providing the Service in accordance with the Contract for the Provision of Services immediately after its conclusion, even before the statutory period for withdrawal from the Contract has expired. The Client acknowledges that if the Broker provides the Services before the expiry of the period for withdrawal from the Contract for the Provision of Services, by consenting according to the previous sentence, the Client shall forfeit their right to withdraw from the Contract for the Provision of Services.
    4. The Client acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services, in particular with persons who have previously substantially breached their contractual or other agreements with the Provider.
    5. The Client consents to the use of means of distant communication for the purposes of conclusion of a Contract for the Provision of Services. Any expenses incurred by the Client when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. the costs of an internet connection) shall be borne by the Client; such expenses shall not differ from the basic rate.
  5. Experience and relationship with the provider

    1. The Website contains information about the Experience in respect of which it is possible to conclude a contract with the Provider, including specification of the price of the Experience. Prices of an Experience are specified including all taxes and related fees. Prices of an Experience remain valid for as long as they are displayed on the Website.
    2. All information presented about Experiences on the Website is of an informative nature only, and neither the Provider nor the Broker have an obligation to conclude a contract in respect of such an experience. Presentation of an Experience on the Website is not an offer to conclude a contract.
    3. Prior to sending off an Order (of an Experience), the Client will be able to check and change information the Client has inserted into the Order, having regard to the Client’s ability to discover and correct errors made when inputting data into the Order. The Broker shall deem information specified by the Client in the Order to be correct.
    4. The Client acknowledges that there is no legal entitlement to a conclusion of a contract with the Provider. A conclusion of a contract with the Provider may be delayed until the Provider has provided a consent to the Broker to conclude such a contract. If no contract is concluded with the Provider within 24 hours of receipt of an Order by the Broker, this means that no contract shall be concluded with the Provider.
    5. The Client acknowledges that they acquire rights and obligations arising from a contract with the Provider directly against the Provider, and that the Broker does not accept any obligations in respect of their performance by the Provider, with the exception of obligations expressly accepted by the Broker on the basis of a Contract for the Provision of Services (including the Terms of Business). The Client acknowledges that legal regulation in a country from which the Client purchases Experiences may not provide the Client with the same amount of legal protection as provided by generally binding legislation at the place of the Client’s residence. The Client further acknowledges that their rights against the Provider may not be easily legally or factually enforceable abroad.
    6. The Client may pay the price of an Experience directly to the Broker by a card or via a third-party payment system. If no contract is concluded with the Provider, the Broker shall return the Price of the Experience to the Client.
  6. Provision of the service

    1. The Broker is not obliged to provide the Service in the event that its provision is prevented by difficulties on the part of the Client or on the part of other persons. The Broker is thus not obliged to provide the Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
    2. The Broker may provide the Service via third parties.
    3. When using the Service, the Client may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Broker’s equipment or safety of the internet or other internet users.
  7. Broker’s liability for defects of services, warranty claims

    1. Rights and obligations of the contractual parties relating to the Broker’s liability for defects of services are governed by the respective generally binding legislation, specifically by the Provisions of the Civil Code and the Consumer Rights Act, as amended. The Client may assert their rights arising from the Broker’s liability for defects of services against the Broker by writing to their registered office address, or by email at their contact address (clause 14.6) (warranty claim).
    2. Persons with a right pursuant to section 1923 of the Civil Code are also entitled to the payment of costs reasonably incurred when asserting this right. If such a person does not assert their right to costs within one month after the expiry of the period for notification of the defect, the court shall not award costs if the Broker raises an objection that the right to costs was not exercised in time.
    3. The Client acknowledges that the Client’s rights and obligations against the Provider are governed by a contract with the Provider, and the Client must assert their rights from such a legal relationship directly against the Provider.
  8. Other rights and obligations of the contractual parties

    1. The Broker does not require payment of a deposit or a similar payment in connection with a Contract for the Provision of Services. Clause 5.6 of the Terms of Business is not hereby affected.
    2. In their relationship with the Client, the Broker is not bound by any codes of Conduct.
    3. The Broker handles out of court complaints made by consumers by email at the contact address (clause 14.6). The Broker shall send a notification of an outcome of the Client’s complaint to the Client’s email address.
    4. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, company ID 000 20 869, internet address: http://www.coi.cz has jurisdiction to settle out of court consumer disputes arising from a Contract for the Provision of Services. The platform for the settlement of disputes online located at the internet address http://ec.europa.eu/consumers/odr may be used to settle disputes between the Broker and the Client.
    5. The European Consumer Centre Czech Republic, with registered address at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and Amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
    6. The Broker is authorised to carry on their business on the basis of a trade licence. Trade control is carried out by the respective trade authority within their jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection controls to a specified extent compliance with the Consumer Protection Act, as amended.
  9. Protection of the client’s personal data

    1. The Broker complies by way of a separate document with their information duty towards the Client within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (‘GDPR Regulation’) relating to the processing of the Client’s personal data for the purposes of compliance with a Contract for the Provision of Services and for the purposes of negotiations with regard to a Contract for the Provision of Services.
  10. Sending of commercial communications and saving of cookies

    1. The Client agrees, within the meaning of section 7(2) of Act no. 480/2004 Coll., on Some Services of Information Society and on the Amendment of Certain Acts (Act on Some Services of Information Society), as amended, with the sending of information relating to the Broker’s services or business to the Client’s email address, as well as to the sending of the Broker’s or third-party commercial communications to the Client’s email address. The Broker complies through a separate document with their information duty towards the Client within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Client’s personal data for the purposes of sending of commercial communications.
    2. The Broker complies by way of a separate document with their statutory duties relating to the potential saving of cookies on the Client’s devices.
  11. Duration of a contract for the provision of services

    1. A Contract for the Provision of Services enters into effect as soon as it has been concluded.
    2. The Broker may terminate a Contract for the Provision of Services if the Client breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation. Termination of a Contract for the Provision of Services according to this clause shall become effective as soon as it has been served on the other contractual party. Unless agreed otherwise, a Contract for the Provision of Services shall be discharged as soon as the notice of termination has become effective.
    3. The Client acknowledges that if the Broker has provided Services according to a Contract for the Provision of Services, the Client may not terminate the Contract (clause 4.3). In the event that the Broker has not provided Services yet (i.e. a contract with the Provider has not yet been procured), the Client, if they are a consumer, is entitled to terminate a Contract for the Provision of Services within a period of fourteen (14) days of its conclusion. For the purposes of such a termination of a Contract for the Provision of Services, the Client may use a template form provided by the Broker, which forms Schedule no. 1 to the Terms of Business.
    4. Termination of a Contract for the Provision of Services for any reason has no effect on rights and obligations arising from a contract with the Provider. The Client acknowledges that a contract with the Provider may be a contract relating to the provision of a service related to a recreational activity which specifies a concrete date or period of performance, within the meaning of Article 16l) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. It may thus not be possible to terminate a contract with the Provider.
  12. Use of the website

    1. The Client acknowledges that, without the Broker’s prior written consent, they are not entitled to use texts, graphic works or other objects protected by copyright located on the Website, over and above use permitted by the relevant law.
    2. The Client acknowledges that the Website does not have to be accessible continuously, particularly having regard to necessary maintenance of the Broker’s or third-party hardware and software equipment.
  13. Service

    1. Unless agreed otherwise, all correspondence relating to a Contract for the Provision of Services must be served on the other contractual party in writing by email, in person, or by recorded post (at the sender’s discretion). The User is served at the User’s Address - email address specified in their User Account.
  14. Final provisions

    1. The contractual parties have agreed that legal relationships relating to the use of the Website and legal relationships arising from a Contract for the Provision of Services shall be governed by Czech law, in particular by the Civil Code. By choosing the applicable law in accordance with the previous sentence, the Client, if they are a consumer, shall not be deprived of protection afforded to them by legal provisions which cannot be derogated from on the basis of a contract, and which, in the event of non-existence of choice of law, would otherwise apply pursuant to clause 6(1) of Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law Applicable to Contractual Obligations (Rome I).
    2. The contractual parties have agreed that disputes arising from legal relationships related to the use of the Website, and disputes from legal relationships arising on the basis of a Contract for the Provision of Services shall be decided by the general courts of the Czech Republic. The contractual parties have thus agreed jurisdiction and competence of courts of the Czech Republic.
    3. Schedule no. 1 – Form for Withdrawal from a Contract for the Provision of Services by a Consumer forms an inseparable part of the Terms of Business.
    4. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the remaining provisions. Any amendments to a Contract for the Provision of Services or the Terms of Business shall be made in writing.
    5. A Contract for the Provision of Services including the Terms of Business shall be archived by the Broker in electronic form and it shall not be publicly accessible.
    6. Broker’s contact details: email info@beerbreaks.com.