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General Terms and Conditions for Participation in HO SmíchOFF Courses and Classes

1. Introductory Provisions

1.1. These are the General Terms and Conditions of the association HO SmíchOFF, z. s., with its registered office at Táborská 979/5, 140 00 Prague 4, identification no. 063 50 968, registered in the Commercial Register maintained by the Municipal Court in Prague, section L, file no. 68783 (hereinafter referred to as “HO SmíchOFF”). HO SmíchOFF primarily provides services in the field of sport climbing and bouldering instruction.

1.2. These General Terms and Conditions govern the mutual rights and obligations of HO SmíchOFF and participants in courses, clubs, camps and other events organised by HO SmíchOFF (hereinafter referred to as “participants” or “participant”).

2. Course Enrolment and Conclusion of the Contract

2.1. Enrolment in a specific course, club, camp or other event is carried out by means of a completed enrolment form, which the participant submits electronically via the HO SmíchOFF website www.lezeckecentrum.cz. Upon HO SmíchOFF confirming receipt of the duly completed enrolment form by email, a contract for the provision of services is concluded between HO SmíchOFF and the participant.

2.2. The range of courses, clubs, camps and other events offered by HO SmíchOFF, as published on the website www.lezeckecentrum.cz or in other promotional materials, does not constitute a binding offer to enter into a contract; only an enrolment form duly completed by the participant constitutes such an offer.

2.3. The subject matter of the contractual relationship is the obligation of HO SmíchOFF to provide climbing/bouldering instruction or other services in accordance with the parameters specified in the course offerings on the website or in other promotional materials of HO SmíchOFF, and the corresponding obligation of the participant to pay HO SmíchOFF the agreed price for the provision of these services.

2.4. By submitting the application form, the participant confirms that they have read and understood these General Terms and Conditions in full and in detail and that they agree to them unreservedly and in full. These General Terms and Conditions form an integral part of the concluded contract for the provision of services.

2.5. By submitting the enrolment form, the participant further confirms that they have read and fully understood, in detail, the Climbing Centre’s Visitor Rules and safety regulations, and that they are fully aware of their state of health, which does not, even in part, prevent them from using the services of HO SmíchOFF.

2.6. If a course, club, camp or other event is booked on behalf of a third party, that person (the participant) becomes bound by the contract for the provision of services and the General Terms and Conditions for Participation in HO SmíchOFF Courses and Classes from the moment they give their consent to the booked course. Consent may be given either by requesting a booking for a specific course date, by confirming a course date that has already been proposed, or at the very first moment of participation in the course. The person making the booking must familiarise the third party (the participant) on whose behalf the course is booked with the contents of the contract and the General Terms and Conditions.

3. General Rules Governing the Organisation of Courses, Clubs, Camps and Other Events

3.1. The range of courses, clubs, camps and other events on offer, including their prices, is determined by the current SmíchOFF offering applicable at the time the service is booked.

3.2. The dates and times of individual courses, clubs, camps and other events are governed by the timetable published before the start of the relevant course, club, camp or event and subsequently by the continuously updated HO SmíchOFF course timetable. Up-to-date information is available on the website www.lezeckecentrum.cz. Participants must monitor this information on an ongoing basis and familiarise themselves with any changes in good time.

3.3. HO SmíchOFF’s services consist primarily of providing half-yearly clubs, short-term courses, camps and other events relating to sport climbing and bouldering.

4. Half-yearly Clubs and Short Courses

4.1. HO SmíchOFF reserves a place for the participant in the selected club or course for a period of 72 hours from confirmation of receipt of the enrolment form. If the participant fails to pay the course fee within that period, both the reservation of the place and the contract for the provision of services between HO SmíchOFF and the participant shall automatically terminate.

4.2. If the club or course has already commenced, HO SmíchOFF may, at its discretion, admit the participant to the club or course, in particular subject to the capacity of the club or course in question. In such a case, the participant must pay a proportionate part of the fee for the club or course, corresponding to the number of sessions in which the participant participates in the club or course in question. The participant does not automatically acquire the right to be admitted to a club or course that has already commenced.

4.3. HO SmíchOFF may, either permanently or for a specific period, change the instructor of a given club or course or modify its programme (provided that at least the basic parameters of the club or course and the original number of hours are maintained). HO SmíchOFF may also change the dates and times of the entire club or course, either permanently or for a specific period. Should a participant be unable to attend the club or course on the rescheduled date and time, they are entitled to a refund of the fee paid for the club or course (or the fee for the unused portion thereof, should the change occur after the club or course has commenced).

4.4. In the event that an instructor is ill or otherwise absent, HO SmíchOFF may promptly replace them with another instructor holding the same or similar qualifications, including on multiple occasions. If a replacement instructor cannot be arranged before the start of a particular lesson, the lesson may be cancelled and an alternative date and time offered to the participants. If a participant is unable to attend the first alternative lesson offered within a particular club or course, they are not entitled to a refund of a proportionate part of the fee. If a participant is unable to attend a second or any subsequent alternative lesson offered, they are entitled to a pro-rata refund of the fee for the missed lesson.

4.5. Make-up lessons in the event of a club member’s illness. Make-up lessons are arranged via the attendance system once the client has logged into the Zooza app, subject to the following conditions:

- The participant must cancel their attendance by 8:00 a.m. in order to be entitled to a make-up lesson.

- A maximum of four lessons per half-year may be cancelled and made up.

- Make-up lessons may only be taken in a group with available capacity.

- A make-up lesson may only be taken in a club for the same age group and of the same type (e.g. bouldering). The Zooza system automatically displays only the available dates and options that meet these conditions.

- Make-up lessons must be taken within the same half-year. Any unused make-up lessons expire at the end of the half-year and cannot be claimed thereafter.

5. Children’s Participation in Lessons

5.1. Persons under the age of 18 may participate in courses, clubs, camps and other events organised by HO SmíchOFF only with the express consent of at least one parent or other legal guardian. Persons under the age of 10 may participate in such activities only if accompanied by at least one parent, another legal guardian, or another adult accompanying them with the consent of their legal guardian (hereinafter referred to as the “accompanying adult”).

5.2. Parents, other legal guardians or accompanying adults are responsible for the children – including in particular for any harm caused by the child to the health or property of third parties, as well as for any injuries or other harm suffered by the child – until the child is handed over to the instructor of the relevant club, course, camp or other event. Upon completion of the relevant club or course lesson, camp or other event, this responsibility resumes immediately after the child is collected from the instructor at the same location. Parents, other legal guardians or accompanying adults must supervise the child at all times while the child is on the premises of the Climbing Centre, both before the start and after the end of the relevant lesson. If a child attends a lesson unaccompanied, HO SmíchOFF does not assume responsibility for their supervision, except during the time the child is in the hall with the instructor during the relevant club lesson, course, camp or other event.

5.3. If, due to their age, a child is unable to remain in a club or course lesson for its entire duration and needs to leave the venue while the lesson is in progress, responsibility for the child during that time shall be assumed by a parent, other legal guardian or accompanying adult until the child returns to the venue where the lesson is taking place.

6. Participants’ Obligations

6.1. When participating in a club, course, camp or other event, participants must follow the instructions of HO SmíchOFF, including those given by instructors and other persons providing services on behalf of HO SmíchOFF. Participants must also comply with the Climbing Centre’s Visitor Rules, which are available on the website www.lezeckecentrum.cz and at the venue.

6.2. During participation in HO SmíchOFF’s clubs, courses, camps and other events, participants must: (a) refrain from disrupting the proper running of the event; (b) refrain from behaving in a manner that causes a nuisance to other participants or other visitors to the Climbing Centre; and (c) observe appropriate standards of hygiene and good behaviour.

6.3. If a participant becomes aware that their state of health prevents them from continuing to participate in a club, course, camp or other event, or that continuing to participate could endanger their health, they must immediately inform an HO SmíchOFF instructor and discontinue their participation without delay.

6.4. Participants are obliged to securely lock any locker in which they store their belongings. Lockers are intended for storing items with a total value of up to CZK 20 000. HO SmíchOFF accepts no liability for items stored outside a locked locker. HO SmíchOFF strongly advises all visitors not to bring large sums of money, valuables or other high-value items onto the Climbing Centre premises. If a participant brings items worth more than CZK 20 000 onto the Climbing Centre premises, they are obliged to inform a member of staff at the Climbing Centre reception and store such items in the safe.

7. Price and Payment Terms

7.1. The price of a course is determined by the HO SmíchOFF price list applicable at the time of booking, unless a different price has been agreed. The specific price of each club, course, camp or other event is stated on the participant’s payment receipt, which is sent to the participant or handed to them in person.

7.2. The price of a course is payable within 72 hours of HO SmíchOFF confirming the participant’s enrolment, or by the start of the first lesson, whichever occurs first, unless otherwise agreed by the parties.

7.3. The price may be paid by the participant using a purchased voucher, by bank transfer or by card via the Comgate payment gateway, unless otherwise agreed in a specific case, within the time limits specified in Clause 7.2. If the course fee is not paid by the applicable deadline, HO SmíchOFF is entitled to refuse to provide services to the participant until the outstanding amount has been paid.

7.4. Online payments are processed through the Comgate payment gateway. The service provider, Comgate Payments, a.s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secure, and all information is encrypted.

  • Card payment
    Card payment is the fastest way to pay online. Enter your card number, expiry date and CVC code – the three-digit security code found on the signature strip on the back of your card – into the Comgate payment gateway. All payments are secured using the 3D Secure standard, so you will most likely be asked to enter a numeric code sent to you by your bank via text message.
  • Payment by bank transfer
    Instant payment via online banking. The Comgate payment gateway will redirect you to your online banking portal, where you can log in as usual and confirm the pre-prepared payment order.

Once the payment has been completed, you will be redirected back to the shop. The payment is confirmed immediately, and we will process your booking without delay.

  • Standard bank transfer within the Czech Republic:

Bank account number: 2001372825/2010

Bank: Fio banka, a.s.

Reference number (VS): invoice number

  • Contact details for complaints or enquiries regarding payments made via the payment gateway:
    ComGate Payments, a.s.
    Gočárova třída 1754 / 48b, Hradec Králové
    E-mail: platby-podpora@comgate.cz
    Tel:  +420 228 224 267

8. Liability for Damage

8.1. Participants are liable for any damage they cause to HO SmíchOFF or any third party in connection with their participation in a club, course, camp or other event.

8.2. HO SmíchOFF is liable to participants for any damage to health or property caused by an employee or other member of staff of HO SmíchOFF through intentional misconduct or gross negligence.

8.3. HO SmíchOFF shall not be liable for any injury to health or damage to property resulting from the participant’s intentional conduct, negligence, carelessness or overestimation of their physical abilities.

8.4. HO SmíchOFF shall not be liable for any injury to health or damage to property incurred by a participant as a result of failure to comply with the procedures or instructions of HO SmíchOFF, its instructors, employees or other persons providing services to participants on behalf of HO SmíchOFF, as outlined in Article 6 above.

8.5. HO SmíchOFF shall not be liable for damage to, or loss of, personal belongings unless they were stored in accordance with Article 6.4, i.e. in a locker designated for that purpose or, in the case of items exceeding a value of CZK 20 000, in the safe at the Climbing Centre reception.

9. Withdrawal from the Contract by HO SmíchOFF

9.1. HO SmíchOFF may withdraw from the contract for the provision of services with immediate effect if circumstances beyond its control prevent it from providing the services on the agreed date, or on any agreed alternative date, where relevant, or from providing them to the required standard. In such a case, the participant is entitled to a refund of the fee paid for the club, course, camp or other event, or of the unused portion thereof if the withdrawal (i.e. cancellation of the entire club, course, camp or other event) occurs after it has commenced. The parties may agree on the provision of an alternative service in such cases.

9.2. HO SmíchOFF may also withdraw from the contract for the provision of services with immediate effect in the event of a material breach by the participant of their obligations under these General Terms and Conditions (in particular those set out in Clause 6.2), the Visitor Rules, or the contract for the provision of services.

9.3. HO SmíchOFF may immediately exclude from participation in a club, course, camp or other event any participant who repeatedly or materially breaches their obligations under these General Terms and Conditions (in particular those set out in Article 6.2), the Visitor Rules, or the contract for the provision of services. In such a case, the participant must leave the premises where the club, course, camp or other event is taking place without delay.

10. Withdrawal from the Contract by the Participant

10.1. The participant may withdraw from the contract for the provision of services with immediate effect in the event of a material breach by HO SmíchOFF of its obligations under these General Terms and Conditions or the contract for the provision of services. In such a case, the participant is entitled to a refund of the fee paid for the club, course, camp or other event, or of the unused portion thereof if the withdrawal occurs after the commencement of the club, course, camp or other event.

10.2. The participant may also withdraw from the contract for the provision of services with immediate effect under the following conditions. Withdrawal must be made by sending a notice to info@lezeckecentrum.cz.

  1. Withdrawal 30 days or more before the start of the club, course, camp or other event: Withdrawal is permitted without penalty. In this case, 100% of the amount paid will be refunded. HO SmíchOFF may, by agreement with the participant, reschedule the event, offer a discount on another product, issue a gift voucher, or refund the amount to the participant’s current account.
  2. Withdrawal less than 30 days before the start of the club, course, camp or other event: The participant must pay HO SmíchOFF a cancellation fee equal to the actual costs incurred in connection with the cancellation of the booked club, course, camp or other event. ​
  3. Withdrawal during the club, course, camp or other event: The participant must pay HO SmíchOFF a cancellation fee equal to the actual costs incurred in connection with the cancellation of the remaining part(s) of the booked club, course, camp or other event (usually 100%).

10.3. As a general rule, in the event of withdrawal from the contract, only the cost of the unused portion of the club, course, camp or other event will be refunded. The cancellation fees specified above will be set off against the participant’s entitlement to a refund for the unused portion of the club, course, camp or other event. ​

11. Force Majeure

HO SmíchOFF shall not be liable for any failure to perform, delay in performing or deficiency in the performance of its obligations under the contract where this is caused by events beyond HO SmíchOFF’s reasonable control (“force majeure events”). A force majeure event means any act, event, failure to act, omission or accident beyond HO SmíchOFF’s reasonable control and includes, without limitation, the following:

  • strikes, lockouts or other industrial action;
  • civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, landslide or subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks; and
  • the acts, decrees, legislation, regulations or restrictions of any government.

The performance of HO SmíchOFF’s obligations under the contract for the provision of services shall be suspended for the duration of the force majeure event, and the deadlines for performing such obligations shall be extended accordingly. HO SmíchOFF shall use reasonable endeavours to bring the force majeure event to an end, or to find a solution that enables it to fulfil its obligations under the contract for the provision of services despite the force majeure event.

If HO SmíchOFF is forced to restrict, cancel or shorten its performance of obligations under the contract for the provision of services due to a force majeure event, the participant shall not be entitled to any compensation or refund in respect of the unfulfilled obligations.

12. Protection of Personal Data

12.1. Information concerning the processing of HO SmíchOFF participants’ personal data and consent to such processing is set out in a separate document.

13. Final Provisions

13.1. These General Terms and Conditions are valid as of 26 May 2020.

13.2. HO SmíchOFF may amend these General Terms and Conditions at any time. Any amended version shall take effect on the date of its publication on the website www.lezeckecentrum.cz. The version of the General Terms and Conditions in effect on the date of conclusion of the contract for the provision of services relating to a specific club, course, camp or other event shall be binding on all participants. If the General Terms and Conditions are amended after the conclusion of the contract for the provision of services, the participant shall be informed of the amendment by means of a notice published on the website www.lezeckecentrum.cz. If the participant does not agree to the amendment, they may terminate the contract by written notice delivered to HO SmíchOFF, Táborská 979/5, 140 00 Prague 4, within 7 days of the effective date of the amendment. If the participant does not terminate the contract within this period, they shall be deemed to have accepted the amendment.

13.3. If any provision of these General Terms and Conditions is or becomes invalid or unenforceable, the validity and enforceability of the remaining provisions and of these General Terms and Conditions as a whole shall not be affected. The parties shall replace any such invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the meaning and purpose of the original provision.

13.4. These General Terms and Conditions have been drawn up and are available in Czech.

13.5. All contractual relationships arising from these General Terms and Conditions or from a concluded contract for the provision of services shall be governed by the generally applicable laws of the Czech Republic.

In Prague, 26 May 2020

HO SmíchOFF, z. s.