1. About the Website
1.1 The Website is owned and managed by us, the company WILD STAG s.r.o. We can be contacted by email firstname.lastname@example.org.
1.2 The information contained on the Website has been prepared solely for the purpose of providing information about the various Activities offered on our Website and making online bookings of the Activities and must not be used for any other purpose.
2. Intellectual Property
2.1 The Website, including, but not limited to, logos, graphics, trademarks, copyrights etc., is our intellectual property, which is owned by and/or validly licensed to us.
2.2 Unless expressly set out otherwise, nothing in these Terms shall transfer to you any intellectual property rights owned by and/or licensed to us (including content appearing on the Website). All rights, title and interest in and to such intellectual property rights shall remain exclusively to us and/or our licensors.
2.3 You are expressly prohibited from:
2.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials any part of the Website;
2.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to us; and
2.3.3 doing anything which may be seen as taking unfair advantage of the reputation and goodwill of the Website or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us without first obtaining the written permission of the owner of such intellectual property rights.
3. Use and access to the Website.
3.1 By accessing the Website you are assuming all risks associated with the use of the Website, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Website or your access to it.
3.2 You may only use the Website for private use.
3.3 Availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system.
3.4 We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not guarantee that the Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Website.
3.5 We shall be entitled at our own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website.
4.1 We use reasonable endeavours to ensure that the information contained on the Website is correct at time of being published. We reserve the right to make alterations thereto.
4.2 All content published on the Website is intended as information only and does not in any way constitute binding offer or advice of any nature. Your use and reliance on the content made available on the Website shall be at your own risk and we shall not be liable for any loss which you may incur as a result of or in connection with your use and reliance on such content.
4.3 Links to third party websites may from time to time appear on the Website. We provide no warranties for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
B.TERMS AND CONDITIONS OF THE PROVIDED SERVICES
1. The Services – Activities
1.1 The services we offer are specified on the Website. The services are offered in sets consisting usually of a core service and accompanying services (such sets are further referred to as “Activities”). If you book more than one Activity, the set of the booked Activities may be further referred to as the “Stag plan”.
1.2 Please note that specification of any Activity on the Website serves for your information only and does not constitute binding offer. You will be provided with a binding offer during the booking procedure (please see sec. 2 of this part B hereof).
1.3. Please note that most of the services provided during the Activities are provided by third party providers, not directly by us. We act only as a booking agent. Therefore, unless we specifically indicate otherwise, our services consist solely of brokering the services with the third-party providers for you and provision of certain accompanying services (e.g. refreshments, food or airport or hotel transfers).
2. Booking Procedure
2.1 You must make a booking of your chosen Activities via our Website booking process (shopping cart) and filling in all the required information into the online form. If you book the Activities also for other persons – participants (in that case, you may be referred to as the “Organiser”), please make sure to fulfil the obligation specified in the sec. 6.1 of this part B hereof. If you, as the Organiser, intend to make a booking for more than one group of participants, one booking must be completed for each group. No oral bookings will be accepted.
2.2 On the basis of your booking, you will be provided with a binding offer containing detailed information on the Stag plan, especially specifying the included Activities and services, price and times. Unless we indicate the contrary, the price does not include such matters as the cost of refreshments, food, admission to specific events, airport or hotel transfers, parking or porterage charges.
Issue of the binding offer is at our absolute discretion. We may refuse to issue the binding offer for any reason. Unless the binding offer provides otherwise, it expires after 48 hours from its issue. Thereafter, the offer can be accepted only with our written consent.
We do not warrant that the binding offer will be completely compliant with your requirements included in your booking and we are under no obligation to rectify any discrepancies once the agreement has been concluded in accordance with the sec. 2.4 of this part B hereof. Therefore, you should read the binding offer carefully.
2.3 You signify your acceptance of the binding offer by making the following payment of a deposit under the payment terms specified in the binding offer and in the sec. 4 of this part B hereof.
For the avoidance of any doubt, the offer is accepted when the payment is credited to our account.
2.4 By accepting the binding offer pursuant to the sec. 2.3 of this part B hereof, a legally binding agreement between you and us regarding the booking, the terms of which are provided in these Terms and in the accepted binding offer, is concluded (“Agreement”).
2.5 After the Agreement is concluded, a reservation confirmation, including confirmation of the Agreement and summary information on the Stag plan (“Booking confirmation”), will be issued and provided to you by email prior to your date of arrival. Booking confirmations are e-mailed to the address you supply to us via the online booking form. You are responsible for ensuring your e-mail address is accurate. We are not responsible for Booking confirmations sent to incorrect e-mail addresses input by you. We will not supply you with paper copies of any such documentation.
2.6 It is your responsibility to present yourself with the Booking confirmation when asked by our representative during the whole Stag plan (either printed or on your mobile device). You may not be admitted to attend the Activities without presenting yourself with the valid Booking confirmation. We will not be responsible for any Booking confirmations that are lost, stolen or destroyed.
2.7 We accept no liability for any errors in your booking, therefore you should prepare the booking carefully. We also accept no liability for any inaccuracies in our documentation which you fail to bring to our attention within three days of that documentation being issued to the you.
3. Variations of the Stag plan
3.1 We reserves the right to vary any part of your Stag plan, while:
(a) if the changes are minor, we may vary the Stag plan any time without prior notice;
(b) if the changes are major (e.g. changes to the price of the booked Activities), we have to notify you of the changes at least 3 days prior to the beginning of the first Activity of your Stag plan. If you do not agree with the change, you may withdraw from the Agreement by written notice delivered to us within 2 days from the notification of the change. In that case a full refund of the Stag plan’s price will be provided.
3.2 If you wish to alter your Stag plan after the Agreement was concluded, you must notify us by email. Variation of the Stag plan is at our absolute discretion. Any such variation will give rise to a recalculation of the total price of the Stag plan by reference to the prices stated on the Websites on the date the request for variation was delivered to us. If this should result in an increase in the deposit payable, we will not confirm the variation until payment of the increased payment has been received.
3.3 Where an Activity cannot be provided due to circumstances beyond our control, such as adverse weather, closure of licensed premises, technical malfunction, pandemic situation or where a service provider has ceased to trade and a suitable alternative cannot be offered, we reserve the right to cancel the Activity. In that case a full refund for that Activity’s price will be provided. Please note that except for the refund under the previous sentence, you are entitled to no other remedy. For clarity: This sec. hereof does not cover circumstances where you are unable to reach the designated meeting point, such as difficulty or inability to cross a country border.
4. Price and payment conditions
4.1 The price of the Stag plan is agreed upon in the Agreement.
4.2 The price of the Stag plan includes only services explicitly specified in the Agreement as included in the price. Please note that such matters as the cost of refreshments, food, admission to specific events, airport or hotel transfers, parking or porterage charges, local transportation to a meeting point, international transportation to a destination or travel insurance may not be included in the price. Therefore, please read carefully what is included in the price before accepting the binding offer.
4.3 Prices are denominated in EUR. Payment in any other currency may be subject to a foreign exchange rate on the day of the payment.
4.4 Any payments under these Terms are possible by one of the following methods:
(a) payment by card via Stripe online payment gate;
(b) bank account transfer;
(c) in cash, if we have explicitly agreed with this payment method.
4.5 Transfer fees are not included in the price of any of our Activities.
Using a third party for your payments (e.g. the Stripe online payment gate) you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services of the third party. We do not assume any liability for the processing of your payment by the third party.
4.6 You are obliged to a deposit payment of no less than 20% of the total price of the Stag plan. By making the deposit payment, the Agreement is concluded, as specified in the sec. 2 of this part B hereof.
4.7 In case the price of the Stag plan was not completely payed at the time of the conclusion of the Agreement pursuant to the sec. 2.3 of this part B hereof (i.e. only the deposit was payed), you will pay the outstanding balance of the total price of the Stag plan no later than 30 days prior to the beginning of the first Activity of your Stag plan, unless otherwise agreed.
5. Termination of the Agreement
5.1 You may terminate the Agreement by written notice delivered to us any time prior to the beginning of the first Activity of your Stag plan.
5.2 The following charges (cancellation fees) will apply where you either terminate the Agreement or are deemed to have terminated the Agreement:
(a) no charge will arise where termination occurs prior to payment of deposit;
(b) once the deposit or the full payment has been made and the termination occurs before 30 days prior to the beginning of the first Activity of your Stag plan, you will be refunded 100% of your payment;
(c) once the deposit or the full payment has been made and the termination occurs between 30 – 15 days prior to the beginning of the first Activity of your Stag plan, you will be charged 20% of total price of the Stag plan;
(d) when the termination occurs within 14 days before the start of the first Activity of your Stag plan or anytime during the Stag plan, a cancellation charge totalling 100% of total price of the Stag plan will be charged.
5.3 Sales incentives such as price discounts and additional free services are granted based on group size and other factors such as quantity or services. Consequently, we reserve the right to reduce the value of these incentives if you cancel any part of the Stag plan you proposed at the time they were granted.
5.4 We are entitled to terminate the Agreement especially in case you do not pay us the outstanding balance of the total price of the Stag plan under the conditions specified in the sec. 4.7 of this part B hereof. Further, we may terminate the Agreement if you break any of the terms hereof. In these cases you will not be entitled to any refund.
6. Your Obligations and Liabilities
6.1 You must comply with these Terms. Non-compliance may result in termination of the Agreement by us. If other participants will attend to the Activities with your consent (in that case, all of the participants, you included, may be further referred to as the “Group”), you are obliged to acquaint all members of the Group with these Terms (especially with the obligations and liabilities specified in the sec. 6 and 7 of this part B hereof) and ensure that all the participants will comply with these Terms. Any non-compliance of the participants with the Terms will be deemed as your non-compliance.
6.2 You and all the members of your Group must be at least 18 years old as of the date of the first Activity of your Stag plan and we reserve the right to request proof of age.
6.3 You are responsible for arriving at the designated meeting point of every Activity (usually specified in the Booking confirmation). Since we do not arrange transport to the meeting point or the Czech Republic, we are not responsible for difficulties in reaching this meeting point, such as due to cancelled flights or border control. We encourage you to seek compensation with the company with whom you have booked transportation (airline, train line etc.) or with your travel insurance.
6.4 If you are more than 30 minutes late in arriving at the designated meeting point of any Activity, you will be deemed to have terminated the Agreement.
6.5 Once the Activity starts you will:
(a) conduct yourself in a responsible manner and without risk to the health and safety of yourself or others;
(b) comply with any terms of the services provided by our third party providers issued by these providers;
(c) comply with every reasonable instruction or request of our representative or third party service provider.
6.6 You will be personally liable for any damage occasioned by you to the property or person of a third party.
6.6 It is your responsibility to obtain all necessary travel documents and medical advice. Please ensure that you possess a valid passport and visa (if appropriate). You should also check with your doctor as to whether vaccinations or additional health precautions may be required.
6.7 The Organiser is responsible to ascertain whether any member of the Group suffers from an existing medical condition or disability and to notify us accordingly. If such information is not disclosed to us until after the Agreement has been concluded and, in our opinion, the condition or disability would render any Activity unsuitable or unsafe for the member affected, then we will not allow the member to participate in such Activity.
6.8 We recommend all the Group members to take out insurance cover for the duration of the Stag plan, for participation in potentially dangerous sports and activities. Any Group member should not participate in any Activity if insurance has not been arranged. You agree to indemnify us against any liability for costs arising from failure to obtain adequate insurance cover.
6.9 All the Group members are advised to always have a European Health Insurance Card with them, or a card confirming the agreement of the relevant travel insurance.
7. Our Obligations and Liabilities
7.1 As specified in the sec. 1 of the part B hereof, mainly we are not the direct supplier of the services which make up the Activities. We act only as a booking agent. In that capacity, we will take all reasonable steps to ensure that:
(a) all the Activities included in your Stag plan are provided as described on the Websites and that they meet a reasonable standard;
(b) third party service suppliers follow local health and safety guidelines and legal requirements.
7.2 All photographic and pictorial references on the websites are merely representative of the services which we can broker and should only be relied upon to that extent. We have based the descriptions of the services on information provided by our third party providers. Whilst we believe our provider’s representations to be true, we cannot accept liability for any false representation or breach of implied warranty of any kind as to the services offered.
7.3 We accept no liability whatsoever in the following circumstances:
(a) if any member of your Group is at fault (including, but not limited to, a failure to comply with the Terms);
(b) a member of your Group misleads another member of your Group;
(c) non-respecting of instructions from our representative or third party service provider that leads to a threat to the health of any member of your Group;
(d) negligence on the part of members of your Group;
(e) non-compliance with terms of our third party service provider;
(f) member of your Group commits an offence against humanity and accepted practices;
(g) a third party unconnected to the provision of services arranged by us is at fault;
(h) any unusual or unexpected circumstance beyond our control or control of our third party service providers;
(i) any event which we or the third party service provider could not have reasonably foreseen;
(j) any instance of inappropriate behaviour on your part or any member of your Group, including, but not limited to, insobriety, violent conduct, breach of any local laws and discourtesy.
7.4 Any liabilities are, to the fullest extent permitted by applicable law, excluded from this Agreement. In no event will our aggregate liability for damages to you or any other person ever exceed the amount of the total price of your Stag plan, regardless of the form of the claim.
7.5 If you suffer loss, damage or injury due to any act or omission on the part of our third party service provider, you are obliged to claim any damages directly from the service provider. We will provide you with all reasonable cooperation thereto.
7.6 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, or other circumstances amounting to force majeure.
7.7 We will not be liable for any upsales during the Activities that are not part of the original Stag plan or that are not handled by our representative. Anything that is bought subsequently during the Activities e.g. from our third party service providers, is not legally our responsibility. In these cases, the Group has to deal directly with the provider and in accordance with Czech regulations.
8. Complaints Procedure
8.1 Complaints must be brought to the attention of the third party service provider and our representative immediately. Any unreasonable delay will entitle us, at our absolute discretion, to refuse to deal with the complaint.
8.2 If the complaint cannot be resolved locally, you must put it in writing, handing one copy to the third party service provider and retaining one copy for yourself. Within 7 days of the end of your Stag plan, you must confirm your complaint by email to us (email@example.com), and include your booking reference, together with any other relevant details such as receipts.
8.3 If we decide that compensation is payable to you, the form of compensation will be at our absolute discretion and may include a free or credit/discount vouchers redeemable within a fixed period or other similar arrangements. Compensation will not take the form of any kind of monetary payment or credit card refund.
9. Photo Material
9.1 We reserve the rights to take photographs and videos of Activities during your Stag plan for commercial use, which may or may not show members of your Group.
9.2 We will not take pictures or videos of your Group in situations we would consider embarrassing.
9.3 Should you wish for us to not use these pictures or videos in a commercial sense, please send an email to firstname.lastname@example.org in which you specify the relevant pictures and we will stop using them.
C. GENERAL CONDITIONS
1.1 These Terms and any Agreement concluded hereunder are governed by the laws of the Czech Republic, without regard to choice of law rules. We both irrevocably agree that the courts of the Czech Republic in Prague (pursuant to our registered seat) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or any Agreement or its subject matter or formation (including non-contractual disputes or claims).
1.2 If any part of the Terms is found to be invalid under any applicable statute or rule of law, then the rest of the Terms shall remain in full force and effect. Further, when possible, a court shall give effect to the intention of the invalid provision to the fullest extent possible within the law.
1.3 Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.
1.4 These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the provision of our services and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
2. Variation of the Terms
2.1 We have the right to revise and amend these Terms from time to time, including but not limited to making changes to reflect current market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements. Such changes will not affect Agreements concluded prior to the effective date of the change, as well as binding offers issued prior to the effective date of the change.
3. Information about alternative dispute resolution for consumers (ADR)
3.1 In the event of any dispute between us arising out of the Agreement or these Terms, you may apply for the alternative dispute resolution procedure to the Czech Trade Inspection Authority, seated at Štěpánská 15, 120 00 Prague 2, Czech Republic.
3.2 Further information regarding the ADR is available on the following website: https://www.coi.cz/en/information-about-adr/
4. Validity of the Terms
These Terms are valid from 1st August 2022