Valid from March 1, 2019

Terms and Conditions

General Terms and Conditions INTRODUCTORY PROVISIONS AND NOTIFICATION The General Terms and Conditions (hereinafter referred to as “GTC”) apply to booking and realizations of private cruises on the Dai Marinai boat, registration number 109426 (hereinafter referred to as "boat"), to its crew, and also for the purchase of refreshments, mainly of own production (hereinafter referred to as "the menu"), presented on the website www.plavbydaimarinai.cz, where, on one hand, the company Dai Marinai, ID: 275 75 250, with registered office on Žufanova 1714/28, 163 00 Praha 6 - Řepy, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 116831, as operator of the boat (hereinafter referred to as the "provider" a person who may act as a consumer or entrepreneur (hereinafter referred to as the "customer"). These General Terms and Conditions further define and specify the rights and obligations of the provider and the customer (hereinafter referred to as the "GTC"). Anyone booking a private cruise and / or visiting a ship is a customer of the provider, and is obliged to comply with the applicable rules in the use of his services, act in accordance with good manners, these GTC and the Operating Rules, and not to damage the reputation and rights of the provider. A consumer is any person, outside the scope of his / her business or outside the scope of the independent exercise of his / her profession, who enters into an agreement with or deals with the entrepreneur in any other way. The procedure leading to the conclusion of the contract between the provider and the customer as a consumer, as well as other obligations, are regulated namely by provisions of § 1810 et seq. Act No. 89/2012 Sb., the Civil Code (hereinafter "CC") and Act No. 634/1992 Sb., on Consumer Protection, as amended (hereinafter referred to as the "CP"), as well as other related legal regulations, and the GTC and the Operating Rules. The entrepreneur is a person who independently carries out on his own account and the responsibility for gainful activity in a trade or similar way, with the intention of doing so in a consistent manner in order to make a profit. Any person who concludes contracts related to their own business, manufacturing or similar activity or in the independent exercise of their profession, or a person acting in the name or on behalf of an entrepreneur, is also considered to be a trader. The entrepreneur is considered a person registered in the Commercial Register and / or a person who has a business license or another authorization under other laws. The procedure leading to the conclusion of a contract between the provider and the customer as an entrepreneur, as well as other obligations not expressly provided for in these GTC, are regulated by the provisions of § 1746 (2) of the Commercial Code, these GTC and the Operating Rules. The contract is not concluded by sending the order to the customer by the customer. The contract is created when the customer's order is confirmed by the provider (the presentation of the services and the menu placed on the provider's website is informative and the provider is not obliged to enter into a contract regarding these services). From that moment onwards, the rights and obligations between the customer and the provider are defined by the contract, the GBTC and the Operating Regulations. The conclusion of the contract without negotiation of all its requirements stipulated by the CC is suspended in the sense of § 1726 of the CC. In addition, the provider shall, in accordance with the provisions of § 1740 (3) of the CC, exclude acceptance of an offer with an addendum or a deviation. By submitting the order on the website, the customer confirms that they have become acquainted with these GTC and the Operating Rules and agrees with them, in the version valid and effective at the time of sending the order. Confirmation of the customer's order by the provider will include, among other things, an internet link to the current (valid and effective) wording of the GTC and the Operating Rules placed on the website. PAYMENT TERMS The prices of the services / items in the menu listed on the website include the VAT. All services / items from the menu are provided with a tax document. In the case of complete or partial cancellation of the order by the provider (e.g. current weather or water level do not allow for the realization of a private cruise), the amount paid or the relevant part is returned to the customer account number from which it was transferred to the account of the provider, unless agreed otherwise. Any changes, whether the menu assortment or the range of services, including their prices listed in the website presentation, are reserved. The offer of services / menus included in the presentation of websites (including promotional services, etc.) is valid until stocks are sold out or the provider's ability to perform becomes impossible. In the case of special services or a menu that is not in the provider's stock, the provider will pre-notify the customer by e-mail about the price and the indicative delivery date of the service or menu affected. If the final price is the same or lower than the written or e-mail order, it is not repeatedly confirmed to the customer and the service / menu is delivered at the negotiated price according to the previously confirmed order. If the price changes, the customer acknowledges and agrees with the change in the same manner as the change was notified. The buyer can use the following ways to pay for the services / menu price:
  • Payment options for the cruise price and price of the payment method for the cruise:
    • Online payment via credit card (ThePay), free of charge
    • Online payment through the payment gateway (ThePay), free of charge
  • Payment options for the for the menu:
    • Online payment via credit card (ThePay), free of charge
    • Online payment through the payment gateway (ThePay), free of charge
    • Payment in cash
LOCATION OF DEPARTURE AND ARRIVAL OF PRIVATE CRUISE The place of departure and arrival of the private cruise are located by the Prague embankment at Rašínovo nábřeží near the Railway Bridge, unless agreed otherwise. WITHDRAWAL FROM THE CONTRACT BY CUSTOMER / CONSUMER Due to the nature of the provided services (private cruises with refreshments), the customer and / or consumer may not withdraw from the contract, according to § 1837 j). SECURITY AND PERSONAL DATA PROTECTION, INTELLECTUAL PROPERTY RIGHTS Customer information is maintained in accordance with the Regulation of the European Parliament and the EU Council No. 2016/679 (hereinafter referred to as “GDPR”) and the valid and effective laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Sb., as amended (hereinafter referred to as "PDPA"). The provider uses all data obtained from customers exclusively for internal use and does not provide them to third parties. All materials published on the presentation of the Provider's website are protected by Act No. 121/2000 Sb., On Copyright, Rights Related to Copyright and Amending Certain Acts, as amended, and other legislation of the Czech Republic. The menu that is displayed in the website presentation can be protected by other rights of the persons concerned by the menu information and its illustrations. Customer expressly agrees to the collection and processing of his or her personal data for the purpose of fulfilling the contract (service provision) and use for the marketing purposes of the provider (especially for sending commercial communications) until the time of delivery of a written statement of customer's disagreement with such processings to the provider. The electronic form is also considered to be a written statement in this case, namely via email. FINAL PROVISIONS The provider is entitled at any time to change the GTC and Operating Rules. The new terms and conditions are effective from the date of their publication on the website presentation. NOTE These GTCs are not an official translation from Czech to English. Their form is illustrative, therefore, in case of a legal conflict, Czech version of GTCs only shall be used. These General Terms and Conditions are valid and effective from 3/1/2019.