General terms and conditions of Dateio s. r. o.
to mediate experiences in the Experience Program (hereinafter referred to as GTC)

 

I. Introductory provisions

    1. The company Dateio s. r. o. (hereinafter referred to as Dateio), Prague 5, Košíře, Beníškové 1285/7, ID 02216973, is entrusted with the operation of the Experience Program (hereinafter referred to as the program) by another contractual relationship with the company Visa Europe Limited, 1 Sheldon Square, London W2 6TT (hereinafter referred to as Visa). It mediates the sale of services, including experiential services of its contractual partners (hereinafter referred to as suppliers) for selected clients of Erste Group (hereinafter referred to as clients).
    2. Offers of services and experiences are listed on the visa-experience.cz website
    3. The contractual relationship governed by these GTC is governed by the generally binding legal regulations of the Czech Republic.
    4. If the contracting party is a consumer, mutual relations are governed by these GTC, the Civil Code (Act No. 89/2012 Coll., as amended, hereinafter referred to as the Civil Code) and the Consumer Protection Act (Act No. 634/1992 Coll., in valid wording).

 

II. Formation of a mediated contractual relationship

    1. Dateio allows clients to purchase experiences or services provided by suppliers through the visa-experience.cz website.
    2. Dateio mediates the purchase of experiences or services for clients from the offer listed on the visa-experience.cz website. The mediated contract between the client and the supplier is concluded by the client choosing the given experiences or services on the visa-experience.cz website and after placing them in the shopping cart and after agreeing to these GTC through this website, they pay Dateio exclusively using a Visa payment card.
    3. Furthermore, Dateio also mediates the demand for individual experiences or services from the offer listed on the visa-experience.cz website. In this case, the supplier communicates directly with the client in order to draw up an individual offer. After written approval of the content of the offer, or content of the mediated contract and these GTC, the supplier or Dateio will send the client an invoice and a link to pay for the experience or service.
    4. After the conclusion of the mediated contract between the client and the supplier, the client will receive from Dateio or the supplier by e-mail a voucher confirming the conclusion of the given contract and, together with it, a summary of the conditions of the given service. The withdrawal of the voucher is further governed by the mediated contract, including supplier's terms and conditions.
    5. The responsibility for mediating the experience or service lies with the Dateio supplier, who is also the competent entity to resolve any complaints from the client.
    6. Dateio has set contractual obligations with experience suppliers, and when solving any initiative from the client, it will start negotiations with them.
    7. Suppliers have set contractual obligations with Dateio. Dateio has set up control mechanisms and in the event of non-fulfilllment of conditions by the supplier, Dateio will enter into negotiations with the supplier in order to negotiate a remedy

 

III. Price and method of payment

    1. The prices of the services on the website are listed in CZK and always include the appropriate amount of VAT. By purchasing an experience, the client agrees to its price and conditions.
    2. Purchase of experiences or services pursuant to Article 2 letter b) these GTC can only be paid for using Visa payment cards.
    3. Purchase of experiences or services pursuant to Article 2 letter c) these GTC can only be paid through the link sent by Dateio with Visa payment cards.

 

IV. Payment Terms
        For payments according to Article 2 letter b) and c) of these GTC are subject to the following conditions:

    1. payment is made online only with a Visa card to Dateio's account,
    2. payment can be made either through the terminal on the visa-experience.cz website or via a link sent to the client's e-mail,
    3. payment of the experience or service in full is a condition for concluding a mediated contract between the client and the supplier. This is the final price, which is no longer increased by any taxes or other fees.

 

V. Withdrawal from the contract, impossibility of providing a service in the form of an experience

    1. The client cannot withdraw from a mediated contract concluded through a supplier or Dateio according to the NOZ, in the sense of the provisions of § 1837 paragraph J) NOZ, i.e., in the case of accommodation, transport, catering or use of free time, if an entrepreneur, supplier services, provides these services within the specified period.
    2. In the event that the required number of participants in the experience is not met, bad weather or for other significant reasons, which are separately specified for each specific type of experience - services, when the service cannot be provided, Dateio will refund the client the price he paid in full to the account from which the payment was made performed The payment will be refunded without undue delay after this finding, but no later than within 10 working days when the service should have been provided and should have taken place. In this case, it is an immediate withdrawal from the contract by Dateio.
    3. In the case of a written request from the client to CANCEL an order (before confirmation of the date from the Supplier), Dateio will initiate the cancellation process within the operating hours specified on the program website. The order will be canceled with the supplie, then Dateio will proceed to refund the money to the account from which the order was paid. The money cannot be transferred to an different account. The client will be credited back to the account usually within 5 working days, in exceptional circumstances within 10 working days.

 

VI. Complaint

    1. The Dateio supplier is obliged to provide clients with the services specified on the visa-experience.cz website in accordance with the concluded contract, these GTC and generally binding legal regulations.
    2. If the supplier does not fulfill its obligations arising from the contract in a proper and timely manner, the client is obliged to complain to the provider about defects in the service provided without undue delay, but no later than 14 calendar days after the end of the service. In the event that the provision of the service did not take place at all, the client is obliged to complain to the provider about defects in the provided service without undue delay, but no later than within 14 days of the month following the first day on which the service was to be provided.
    3. The client is obliged to file a complaint and is obliged to state the order number and describe the defects of the service provided.
    4. The client makes a complaint about the experience with the supplier of the experience, or with the company Dateio. The company Dateio (if properly informed about the complaint) guarantees the client for the proper course of the complaint procedure.
    5. The service provider will handle the complaint without undue delay, but no later than within 30 days from the date of its proper application. In case of rejection of the claim, the service provider will issue a written (e-mail) justification to the customer.
    6. In the event that the client properly makes a justified claim, he has the right to eliminate defects in the service provided, and if this is not possible, he has the right to a reasonable discount on the price, compensation.
    7. If it is already clear to the client when applying or using the service that the services are not being provided properly, Dateio recommends that the client secure evidence of defective service provision to facilitate a possible complaint or claim for compensation for damages (take photos, video recording, confirmation by witnesses, etc.) and submit them to the service provider when making a claim or asserting other claims.
    8. Every client is also a consumer, and is entitled to contact the independent centre for the resolution of consumer disputes in the Czech trade inspection (ČOI) and start a free out-of-court negotiation process. You can find details about the conditions and the method of starting out-of-court proceedings at www.coi.cz (or here: http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/).

 

VII. Dateio's responsibility

    1. Dateio is a mediator of experiences – services between the client and suppliers. At the same time, Dateio guarantees the client for the proper delivery of experiences or services.
    2. Dateio is not responsible for any damage incurred by the client in connection with the provision of services, either by the service provider or by a third party. However, Dateio guarantees the client for compensation for the damage incurred.
    3. Dateio does not guarantee the truthfulness and completeness of the description of the service and is based only on the information supplied and provided by the supplier.
    4. Any claims from liability for damage or injury related to the services, or from defective performance (complaint), the client applies through the program's website. In such a case, the client can also use the option of out-of-court dispute resolution and contact the entity of out-of-court dispute resolution, which is the Czech Trade Inspection (http://www.coi.cz) and proceed according to the rules stated on its website.
    5. Dateio is not responsible for the content of the websites of suppliers providing services or for possible violations of the rights of third parties that suppliers may commit through their offers (intellectual property rights, personality rights, etc.).
    6. The provision of mediated services will further be governed by the general terms and conditions or the specific terms and conditions of the service provider.

 

VIII. Final Provisions

    1. These general terms and conditions, as well as the relationship between the client and Dateio in relation to the provision of services, are governed by Czech law. These General Terms and Conditions form the full content of the mediation agreement between Dateio and the client, and by agreeing to them, the client confirms that he has familiarized himself with these general terms and conditions and that he has no reservations about the content of this mediation agreement.
    2. The possible invalidity of individual provisions does not affect their overall validity.

 

IX. Protection of personal data

    1. The protection of personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data. This regulation applies to the processing of personal data of clients - natural persons. In accordance with this regulation, Dateio processes and stores the personal data of clients that it collects during the ordering process, only for the purpose and if it is necessary for the conclusion and performance of the mediated contract for the provision of an experience - service and not for marketing purposes.
    2. According to the regulation, personal data may be processed for the appropriate period of time in accordance with legal regulations and are securely processed in an electronic database. Dateio undertakes not to forward or make available any personal data to third parties, unless this is done in accordance with legal regulations, in particular for the purpose of protecting the legitimate interests of Dateio.
    3. Further details – "Provision of information on the processing and protection of personal data according to GDPR" can be found on the visa-experience.cz website.

These general terms and conditions are valid from 8/16/2023.

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The experience program is operated and the security of your data is handled by Dateio s.r.o., with the authorization of Visa Europe Services LLC. The quality of the services provided is guaranteed and any complaints are handled by the individual suppliers. The specific terms and conditions of the experience program can be found in the Terms and conditions and Privacy policy.
Provider:
Dateio s.r.o. | Beníškové 1285/7, Praha 5, Košíře | VAT: CZ02216973 | registered with the Municipal Court in Prague, file No. C 216820
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