Business Terms
of the Šumava National Park Administration
Registered office: 1. máje 260/19, CZ-38501 Vimperk, Czech Republic
Tax ID number: CZ00583171
for the sale of the goods via the e-shop located at: https://splouvani.npsumava.cz
1.1. These business terms (hereinafter the “Business Terms”) of the Šumava National Park Administration, a state-funded institution of the Czech Ministry of the Environment, with registered office at 1. máje 260/19, CZ-38501 Vimperk, Czech Republic, Business Identification Number: 00583171 (hereinafter the “Seller”) regulate the mutual rights and duties of the contracting parties arising in relation with or based on a purchase contract (hereinafter the “Purchase Contract”) concluded by and between the Seller and another natural or legal person (hereinafter the “Buyer”) via the Seller’s Internet shopping site. The Internet shopping site (e-shop) is operated by the Seller on the following website: https://splouvani.npsumava.cz, through a web interface (hereinafter the “E-Shop Web Interface”).
1.2. The subject of the Purchase Contract is the location for the rafting of the Teplá Vltava in the section with compulsory registration from Soumarský Most to Pěkná, using one’s own vessel(s), organised by the Šumava National Park Administration (hereinafter the “Goods”).
1.3. The Business Terms also regulate the rights and duties of the contracting parties for the use of the Seller’s website located at https://splouvani.npsumava.cz (hereinafter the “Website”) and other related legal relations. The Business Terms do not apply to cases where the person intending to purchase the Goods from the Seller orders the Goods as part of their business activities.
1.4. Stipulations diverging from the Business Terms may be concluded in the Purchase Contract. Diverging stipulations in the Purchase Contract shall take priority over the stipulations of the Business Terms.
1.5. The stipulations of the Business Terms form an inseparable part of the Purchase Contract. Both the Purchase Contract and the Business Terms are drawn up in Czech.
1.6. The Seller shall be entitled to amend or make changes to the wording of the Business Terms. This stipulation is without prejudice to the rights and duties originating during the validity of the previous wording of the Business Terms.
User Account
2.1. Based on the registration of the Buyer through the Website, the Buyer is allowed to access the user interface. From the user interface, the Buyer can order the tickets – the date and time for the rafting (hereinafter the “User Account”). If allowed by the E-Shop Web Interface, the Buyer can also order the Goods without registration directly from the E-Shop Web Interface.
2.2. When registering on the Website and when ordering the Goods, the Buyer shall always provide correct data. Data specified in the User Account must be updated by the Buyer in case of any changes to the data. Data specified by the Buyer in the User Account and when ordering the Goods shall be regarded as correct by the Seller.
2.3. Access to the User Account is safeguarded by a username and password. The Buyer shall maintain confidentiality regarding information necessary for the access to their User Account, and hereby acknowledges that the Seller shall not bear any responsibility for the breach of this duty by the Buyer.
2.4. The Buyer shall not be entitled to enable the use of their User Account by third parties.
2.5. The Seller shall be entitled to cancel the User Account, especially if the Buyer has not used their User Account for more than 24 months or in case the Buyer breaches their duties under the Purchase Contract (including the Business Terms).
2.6. The Buyer acknowledges that the User Account may not be available on a continuous basis, especially with respect to the necessary maintenance of the Seller’s computer equipment or similar equipment operated by third parties.
3.1. The E-Shop Web Interface contains a list of available openings (dates and hours of departure) for which it is possible to purchase a spot for rafting the registered section of the Teplá Vltava, including the specification of prices for the individual items of Goods offered. The prices of the Goods are indicated inclusive of VAT and all related charges. The offer for the sale of the Goods and the prices of the Goods remain valid throughout the period for which they are displayed in the E-Shop Web Interface. This stipulation does not limit the Seller’s ability to conclude the Purchase Contract with the Buyer under individually contracted conditions. Any and all offers for the sale of the Goods shown in the E-Shop Web Interface are non-binding, and Seller shall not be required to conclude the Purchase Contract regarding these Goods.
3.2. To order the Goods, the Buyer must complete the order form in the E-Shop Web Interface. The order form contains, in particular, information about:
3.2.1. the Goods ordered (the Buyer “puts” the Goods ordered in the electronic shopping cart of the E-Shop Web Interface),
3.2.2. method of payment for the Goods.
3.3. Prior to sending the order to the Seller, the Buyer is allowed to check and alter, if necessary, any information entered by the Buyer in the order. The order shall be sent by the Buyer to the Seller by clicking on the “Send order” (Odeslat objednávku) button. Information specified in the order shall be regarded by the Seller as correct. Immediately after receiving the order, the Seller shall confirm this reception to the Buyer by e-mail sent to the Buyer’s e-mail address specified in the User Interface or in the order (hereinafter the “Buyer’s E-Mail Address”).
3.4. Depending on the nature of the order (quantity of the Goods, purchase price), the Seller shall be entitled, at all times, to ask the Buyer for additional order confirmation (e.g., in writing or by telephone).
3.5. The contractual relationship shall be concluded by and between the Contracting Parties upon the delivery (acceptance) of the order sent by the Seller to the Buyer by e-mail to the Buyer’s E-Mail Address.
3.6. The Buyer acknowledges that the Seller is not required to conclude the Purchase Contract, especially with persons who have substantially violated their obligations to the Seller in the past.
3.7. The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract. Costs incurred by the Buyer when using remote means of communication to conclude the Purchase Contract (Internet connection costs, telephone expenses) shall be paid by the Buyer.
4.1. The price of the Goods under the Purchase Contract may be paid by the Buyer to the Seller using the following payment methods:
via the GoPay payment gateway
4.2. In case of a credit transfer, the Buyer shall specify the payment reference number when paying the purchase price of the Goods. In case of a credit transfer, the Buyer’s obligation to pay the purchase price shall be deemed accomplished upon crediting the respective amount to the GoPay account.
4.3. If usual within the commercial relations, or if specified in the generally binding regulations, the Seller shall send to the Buyer a VAT invoice regarding the payments made based on the Purchase Contract. The Seller is subject to VAT. The VAT invoice shall be issued by the Seller to the Buyer after the full payment of the price of the Goods and sent in an electronic form to the Buyer’s E-Mail Address.
5.1. Cancelling the order by the Buyer
5.1.1. If the Buyer cancels the order, the Seller shall, at the request of the Buyer, return the funds received from the Buyer within thirty (30) days of the order cancellation by the Buyer using the same method used to receive the funds by the Seller from the Buyer. The amount repaid depends on the date of withdrawal in respect to the day of fulfilment.
5.1.2. The following cancellation policy applies to the Goods purchased:
• in case of cancellation no later than 30 days before departure, 100% of the registration fee is refunded;
• in case of cancellation 30 days and fewer before departure, the registration fee is not refunded;
• the Goods are automatically refunded if the water level is below 50 cm at the Soumarský Most measuring point on the day of the planned departure;
• the order must always be cancelled as a whole.
5.1.3. The Goods purchased may be transferred to a substitute.
5.1.4. The refund application within the cancellation conditions must be sent to splouvani.vltava@npsumava.cz. The decisive date is the date of receipt.
5.2. Cancelling the rafting opening by the Seller
5.2.1. The organiser reserves the right to cancel rafting in case of extreme weather conditions (natural disaster, etc.) which are likely to pose a risk to health and life of persons, or in case of jeopardising the object of nature protection in the territory (e.g., falcon nesting).
6.1. The Buyer shall receive the order confirmation via the Buyer’s E-Mail Address immediately after ordering the rafting and payment for the Goods via the GoPay payment gateway. The Seller shall be entitled to cancel the order in case of failure by the Buyer to pay for the rafting into the Seller’s account.
6.2. An order printout shall be used by the Buyer as a proof of their participation in rafting during the check at the Soumarský Most registration point.
7.1. The Buyer takes title to the Goods upon the full payment of the Purchase Price for the Goods supplied.
7.2. The Buyer acknowledges that the software and other components of the E-Shop Web Interface (including the photographs of the Goods offered) are copyright protected. The Buyer undertakes to refrain from any activities that would allow them or any third parties to tamper with or make unauthorised use of the software or other components of the E-Shop Web Interface.
7.3. When using the E-Shop Web Interface, the Buyer shall refrain from using mechanisms, software or other means that are likely to have a negative effect on the operation of the E-Shop Web Interface. Use of the E-Shop Web Interface is only allowed to an extent that is not to the detriment of other customers of the Seller and is in accordance with its purpose.
7.4. In relation to the Buyer, the Seller shall not be bound by any codes of conduct within the meaning of Section 53a/1 of the Civil Code.
7.5. The Buyer acknowledges that the Seller bears no responsibility for errors caused as a consequence of tempering by third parties on the Website, or due to the use of the Website inconsistent with its purpose.
Based on the 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) (hereinafter the “Regulation”), the Šumava National Park Administration provides information about the processing of personal data within the operation of the e-shop at splouvani.npsumava.cz.
8.1. IDENTITY AND CONTACT INFORMATION OF THE CONTROLLER
8.1.1. The controller of your personal data is the business corporation Šumava National Park Administration, with registered office at 1. máje 260, CZ-38501 Vimperk, Czech Republic, Business Identification Number: 00583171 (hereinafter the “Controller”).
8.1.2. The Controller’s contact information is: mailing address – Šumava National Park Administration, 1. máje 260, CZ-38501 Vimperk, Czech Republic; e-mail address: isstozec@npsumava.cz; telephone number: +420 388 450 111.
8.1.3. The Controller has a designated data protection officer. Contact: Ing. Jaroslav Stuchlý, tel.: +420 774 233 045, e-mail: jaroslav.stuchly@be-mi.cz.
8.2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
8.2.1. We process your personal data based on the following legal bases for the processing of personal data:
• Concluding and performance of a contractual relationship within the meaning of Art. 6/1/b);
• Compliance with a legal obligation to which the controller is subject within the meaning of Art. 6/1/c).
8.3. PURPOSE OF THE PROCESSING OF PERSONAL DATA
8.3.1. Your personal data, processed based on the title for the concluding and performance of a contractual relationship within the meaning of Art. 6/1/b) of the Regulation, are processed by us for the purpose of order handling, delivery of the goods, and complaints.
8.3.2. Your personal data, processed based on the title for the concluding and performance of a contractual relationship within the meaning of Art. 6/1/c) of the Regulation, are processed by us for the purpose of mandatory retaining of business-related documentation.
8.3.3. The provision of personal data is necessary to fulfil the above purposes. If no data are provided, it is impossible to make a purchase through the e-shop.
8.3.4. No automated individual decision-making within the meaning of Art. 22 of the Regulation is performed by the Controller.
8.4. CATEGORIES OF PERSONAL DATA PROCESSED
8.4.1. The Controller processes the following identification and contact information of its customers: name, surname, mailing address, telephone number, e-mail address, account number.
8.5. PERSONAL DATA STORAGE PERIOD
8.5.1. Your personal data will only be stored by the Controller for the period specified in accordance with valid legislation.
8.6. OTHER RECIPIENTS OF PERSONAL DATA
8.6.1. We do not transfer personal data to third parties outside institutions specified by law.
8.7. PERSONAL DATA STORAGE PERIOD
8.7.1. Your personal data will only be stored by the Controller for the period specified in accordance with valid legislation.
8.8. RIGHTS OF DATA SUBJECTS
8.8.1. You have the right to require, at any time, access to your data – this means that when requested by you, we will provide information regarding which personal data we process, for what purposes, from which source the personal data were acquired, to whom your personal data was provided, and what is the planned period of retention thereof.
8.8.2 You have the right to require, at any time, rectification of incorrect personal data, or completing of incomplete data. You also have the right to require erasure of personal data no longer necessary in relation to the purposes for which they were collected or which the Controller is no longer entitled to use for other purposes (for instance, the data were processed unlawfully, their erasure is imposed by law, etc.).
8.8.3 You have the right to require the restriction of processing of your personal data – this means that you can ask us not to erase your data we would otherwise be required to erase; you can also ask us to refrain from using your data until it is clarified whether the data processed are accurate or whether your objection to personal data processing was justified.
8.8.4 Contact the data protection officer to exercise your rights.
8.9. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
8.9.1 You have the right to lodge a complaint with the supervisory authority – the Office for Personal Data Protection, Pplk. Sochora 27, CZ-17000 Prague 7, Czech Republic, tel. +420 234 665 111, e-mail: posta@uoou.cz, website: https://www.uoou.cz.
9.1. The Buyer gives consent to the sending of information relating to the Goods, Services, or the Seller to the Buyer’s electronic address, and the Buyer also gives consent to the sending commercial communications by the Seller to the Buyer’s electronic address.
10.1. Unless agreed otherwise, all correspondence relating to the Purchase Contract must be delivered to the other Contracting Party in writing by e-mail, in person, or by registered post through a postal operator (at the choice of the sender). Documents intended for the Buyer shall be sent to their e-mail address stored in their User Account.
11.1. If the relationship relating to the use of the Website or the legal relationship established by the Purchase Contract contains an international (foreign) element, the Contracting Parties hereby agree that their mutual relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under applicable laws and regulations.
11.2. The Seller is entitled to the sale of the goods based on the charter of the contributory organisation Šumava National Park Administration, and the Seller’s activities are not subject to other permissions.
11.3. If any provision of these Business Terms is found invalid or ineffective, such invalid provision shall be replaced by a valid provision as close as possible to the purpose and content of the invalid provision. Invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions of the Business Terms. Any changes or amendments to the Purchase Contract or the Business Terms must be made in writing.
11.4. The Purchase Contract, including the Business Terms, is archived by the Seller in electronic form and is not publicly accessible.
11.5. The Seller’s contact information:
a) mailing address: 1. máje 260/19, CZ-38501 Vimperk, Czech Republic
b) e-mail address: vltava@npsumava.cz
c) telephone number: +420 731 530 282
Vimperk, 10 May 2018
