Terms and Conditions

1. Purpose and scope of validity

1.1. These general terms and conditions (hereinafter also referred to as "T&C") regulate the contractual relations arising in connection with the contract concluded through remote communication on the website, or between Vladimír Michálek with registered office at Trávníčkova 1772/21, 155 00 Prague 13, IČ: 04231058 phone no. +420 608 987 000, email: vladimir.michalek@promoterky.com (hereinafter also referred to as "Service Provider") and the client.

1.2. These General Terms and Conditions form an integral part of every contract concluded between the Service Provider and the client (who may be a consumer, i.e. a natural person who, when concluding and performing the contract, does not act as part of his business or other business activity or as part of the independent exercise of his profession) when the client confirms offer, and in a subsequent step, by paying the advance invoice, confirms that he has familiarized himself with these terms and conditions, agrees with them and that he expressly acknowledges that these terms and conditions are an integral part of the contractual arrangement between him and the Service Provider. Contractual relations according to these GTC are governed by Czech law and apply in full, unless the contracting parties agree in writing on certain conditions otherwise. In such a case, deviating provisions contained in the contract (order) take precedence over these GTC.

1.3. These GTC are effective from July 1, 2022. The service provider is entitled to change or cancel the GTC in cases where there is a reasonable need for their later change. In the event of a change to the General Terms and Conditions, the amended General Terms and Conditions govern relationships concluded after the effective date of the amended General Terms and Conditions. In the event that the Service Provider decides to change or cancel the GTC, the currently valid and effective text of the GTC will always be published on the website of the Service Provider and, possibly also on other web portals operated by the Service Provider, so that all interested parties can access the current text of the GTC purchase contracts and introduce other persons.

2. Definition of terms

2.1. In these GTC, an offer means a specific offer by the Service Provider for the delivery of services or for the performance of work for the benefit of a specific client.

2.2. In these GTC, an order means binding acceptance of an offer by the Service Provider and by the client, whereby the client confirms in full and without reservation the acceptance of the specification of the selected service or goods listed in the offer, its price and payment terms. The binding acceptance of the client's offer also means the payment of the advance payment.

2.3. The service means the organization or mediation of cultural and social events described in the Service Provider's offer on the website LaScalaEVENT.COM or Promoterky.COM or agreed individually between the Service Provider and the client.

2.4. The representative of the service provider means a person who represents the Service Provider when providing the service.

3. Formation of a contractual relationship

3.1. The contract is concluded, or arises from the delivery of the acceptance of the order (acceptance) by the Service Provider to the client, either via the website or email address.

4. Delivery conditions

4.1. The client can place an order: a) through the websites www.Promoterky.com, www.Promoterky.cz, www.SpolecenskeDoprovody.cz, www.CompanionCZ.com (hereinafter referred to as the "website");
b) via the email info@promoterky.com, the email address published on the website, or via the order/request form on the website.

4.2. After ordering the service, the Service Provider will make available the members' section on the website, or will send more detailed information via email.

4.3. The service provider is always entitled, depending on the nature of the order, to ask the client for additional confirmation of the order (for example, in writing or by phone).

5. Service

5.1. The Service Provider's obligation to deliver the service to the client ceases at the moment of delivery of the service to the client.

5.2. The client is obliged to arrive at the place of service provision on the agreed date.

5.3. If the client does not arrive on the agreed date at the place of service provision in the case of social escorts or the provision of part-timers for events, without canceling the service in writing no later than 72 hours before the agreed start of service provision (to the Service Provider's email) and does not attend the meeting, the service is considered properly provided and the Service Provider is entitled to the full price for it. If it is an express delivery of the service, i.e. the event, which is to be conducted within less than 72 hours from its ordering, cancellation is not possible, and in the event of cancellation of the event by the client, the Provider is entitled to 100% of the amount to cover all costs

5.4. If the person to whom the service is to be provided is under the age of 15, they must be accompanied by a person over the age of 18 and have the consent of their legal representative. If the person to whom the service is to be provided is under the age of 18, but over the age of 15, they are required to obtain the consent of their legal representative. If the person to whom the service is to be provided, or the client, fails to fulfill any of the obligations specified above in this paragraph, the Service Provider and his representative are obliged to refuse the provision of the service. In the event that it becomes clear that the client or the person to whom the service is to be provided has not fulfilled any of the above specified obligations only before or during the provision of the service by the Service Provider, or his representative, the representative is obliged to refuse the service and terminate the provision of the service; in this case, the full price for providing the service belongs to the Service Provider.

5.5. The social escort service is always provided by a person over 18 years of age. It is purely of a social escort nature, it is forbidden to provide any sexual services. Social escort expressly does not include any services of an intimate nature, it is a purely serious escort for a social event, while maintaining all good manners from welcome to farewell based on an ethical and moral code. In case of violation of this condition resulting from registration and confirmation of these conditions, the Service Provider and the name of the brand and portal www.Promoterky.com further (www.Promoterky.cz, www.SpolecenskeDoprovody.cz) or also www.LaScalaEVENT.COM, reserves the right take the necessary legal steps to preserve the good name of the brand and the portal www.Promoterky.com, www.SpolecenskeDoprovody.cz., or also www.LaScalaEVENT.COM.

5.6. The service also means providing access to the Service Provider database. Access to the database is subject to the payment of the membership fee according to the contractual prices (the Service Provider expressly points out in this context that it is not possible to withdraw from the database access service, or the provision of the membership fee, this membership fee is thus effectively non-refundable).

6. Bonus campaign

6.1. In the event that the Service Provider announces a so-called bonus campaign, for newly concluded contracts (i.e. after the announcement of this bonus program) the amount paid by the client as a membership fee will be added to the so-called credits, which the client can use exclusively for drawing other services of the Provider services, in the ratio of CZK 1 = 1 credit. Credits for the membership fee are not transferable back to CZK (Czech koruna), the only way they can be used is by using services.

7. Price and payment terms

7.1. All prices of goods or services fulfilled on the basis of orders are contractual. Prices of goods or services are final. The price is fundamentally valid and binding for the period of validity of the offer and, after confirmation by the order, for the entire duration of the contractual relationship.

7.1.1. The client can pay the price of the service according to the contract in the following ways: by cashless transfer to the Service Provider's account No. 7730490007/0300, maintained at ČSOB, a.s., or by payment card through the provider's second portal located on the domain www.lascalaevent.com.

7.2. The client is obliged to pay the price of the service together with the indication of the variable payment symbol. The client's obligation to pay the price is fulfilled when the relevant amount is credited to the Service Provider's account.

8. Claims procedure

8.1. If the Service Provider does not fulfill the obligations arising from the concluded contract properly and on time, the client can exercise his right to complain about the service.

8.2. The complaint must be made in writing (by e-mail or post) without undue delay, but no later than 2 months from the date of provision of the service, or in the event that the provision of the service did not take place, from the date when the service should have been provided.

8.3. The service provider undertakes to decide on the received complaint within 7 working days. This period does not include the time appropriate for the type of service required for a professional assessment of the defect. The complaint will be handled without undue delay, no later than 30 days from the date of receipt of the complaint. This deadline can only be extended with the client's consent.

8.4. In the event of a positive claim, the service provider will offer the client (i) another service equal to the value of the claimed service, or (ii) a discount on the price of the purchased service.

8.5. The service provider will issue a written confirmation to the person who filed the complaint about when the complaint was filed, what it contains and what method of handling it is required. Furthermore, the Service Provider will issue such a person with a confirmation of the date and method of handling the complaint and, in case of rejection of the complaint, will issue a written justification for this rejection.

9. Processing and storage of personal data of the client ("subject of personal data")

9.1. The service provider obtains the customer's personal data on the basis of granting "Consent to the processing of personal data". The Service Provider uses these personal data exclusively in connection with the pre-contractual offer, the formation of the contract, the realization of deliveries under the contract and the exercise of rights and obligations under the contract in accordance with the provisions of these General Terms and Conditions. Further information on this issue is part of the separate document "Information on the processing of personal data", which is available on the website of the Service Provider.

10. Withdrawal from the contract

10.1. If the contract is concluded using means of distance communication (online store), the client, provided that he is a consumer according to § 1829, paragraph 1 of the Civil Code, has the right to withdraw from the contract without giving reasons within 14 days, provided that the period according to the first sentence runs from on the date of conclusion of the contract and if it is a) purchase contract, from the day of acceptance of the goods,
b) a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance the last delivery of goods, or
c) the contract, the subject of which is the regular repeated supply of goods, from the date of acceptance of the first supply of goods, by means of a form that can be found on the website of the Service Provider.

However, the right to withdraw from the contract cannot be exercised in contracts for the supply of digital content (i.e. e.g. access to a database for which the service is provided to enable access to the database, the membership fee for the database access service is thus not refunded), if it was not delivered on a physical carrier, or in the case of contracts for the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract (14 days) and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract, with that in both of the above-mentioned cases of the impossibility of withdrawal under the condition that the fulfillment took place with the prior express consent of the client before the expiry of the period for withdrawal from the contract. In this context, the client gives express consent to the party fulfilling it before the 14-day period expires.

This provision does not apply to a client who is not a consumer.

10.2. The client, who is not a consumer, may withdraw from the contract only in cases stipulated by the Civil Code.

10.3. The service provider is obliged to return to the client (in case of proper withdrawal from the contract) an amount fully corresponding to the price of the services or goods and the costs paid for their delivery within 30 days of withdrawal from the contract, in the same way in which he received payment from the client.

10.4. If the Service Provider offers several options within a certain method of delivery of goods, he is obliged to replace the cheapest of them to the client. Within the same period at the latest, the client is obliged to send or hand over the purchased goods (if any were handed over) to the Service Provider. The goods should be returned to the Service Provider (not cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the client.

10.5. The service provider is entitled to withdraw from the concluded contract (i) in cases of previous inappropriate behavior by the client, which is contrary to good morals according to social conventions; (ii) in the event of a material breach of the contract by the client, such as e.g. non-payment of the price for the ordered service, (iii) in cases where the client does not fulfill the conditions for concluding the contract, which expressly include the communication of such personal data as is absolutely necessary to fulfill the purpose of the contractual relationship.

10.6. If it is an express delivery of the service, i.e. less than 72 hours before the performance of the action/work, withdrawal (cancellation) is not possible and the Service Provider is entitled to 100% of the price for the provision of the service in the event of cancellation of the action by the client, see the first paragraph of this article.

10.7. A service tied to a specific person, a representative of the service provider, will be provided to the person listed in the order form, e-mail order; a later change of this person is possible only on the basis of the prior consent of the Service Provider. The service provider reserves the right to refuse to change the person to whom the service is to be provided.

11. Copyright

11.1. All content received by the client is protected in accordance with legal regulations regarding copyright and other intellectual property rights, and they are exclusively owned by the authors of the respective copyrighted works, or Service provider or other licensors. By transferring or making available this content and participation, clients do not acquire any authorization in connection with the capture, display, reproduction and distribution of the likeness, likeness, image images and video and audio recordings relating to the person(s) acting in accordance with this contract, or their names, surname, academic title, including their processing and inclusion in an audiovisual work or for other purposes. Any such use is possible only with the express consent of the Service Provider and/or authorized persons or in accordance with applicable legal regulations. The client may not use the content or part of it obtained according to these terms and conditions, or the contract belonging to them, or in connection with it otherwise than for their own use. In particular, it is forbidden for the client to use this content or part of it in the form of distribution and copying or other technical processing without demonstrable consent of the Service Provider.

12. Final Provisions

12.1. Legal relations between the Service Provider and the Client, not regulated by these General Terms and Conditions, are governed by the relevant provisions of the Civil Code, according to the express agreement.

12.2. The valid General Terms and Conditions can be viewed at the Service Provider's premises and/or on the Service Provider's website and at the address www.promoterky.com

12.3. In the event that a consumer dispute arises between the Service Provider and the client, who is a consumer, which cannot be resolved by mutual agreement, the client is entitled to submit a proposal for an out-of-court settlement of such dispute to the relevant entity for the out-of-court settlement of consumer disputes, which is: Czech Trade Inspection Central Inspectorate