Masterclass PKO Agency – General Terms and Conditions
For the purposes of these terms and conditions and for the sale of music courses, PKO Agency means the following company:
Pražský komorní orchestr-agentura,spol.s r.o.
Černokostelecká 937/6, Strašnice, 100 00 Prague 10
IČO: 41191030, DIČ: CZ41191030
entered in the Commercial Register kept by the Municipal Court in Prague, under file No. C 3801
(hereinafter also referred to as Supplier)
For the purposes of these terms and conditions, the customer means the person who ordered instruction from the supplier in the music course specified in the relevant order and the supplier is the one mentioned above, who confirmed the order to the customer.
The supplier and customer are also collectively labelled as the Contracting Parties.
Art. I Introductory provisions
- The General Terms and Conditions (hereinafter also GTC) form an integral part of the contract concluded between the customer and the relevant supplier.
- The contract between the customer and the supplier is created on the basis of a written order (online application) of the customer or on the basis of a binding telephone order with the supplier, all always confirmed retrospectively by e-mail. The e-mail and the electronic order form of the supplier (hereinafter referred to as the order) available via the website www.pkoagency.cz are considered to be in writing.
- The Supplier is obliged to confirm its receipt in writing to the Customer in writing within five working days from the date of receipt of the order. If they do not do so, the order is not considered accepted. The sending of a confirmation e-mail to the specified address of the customer is also considered as confirmation of the order. The costs of long-distance communication are borne by the customer at his/her own expense.
- The agreed terms of the contractual relationship may be changed or cancelled only by express agreement of both contracting parties and on the basis of the terms and conditions set out in these General Terms and Conditions.
Art. II Subject of performance
- The courses are divided into several types according to instruments (further divided into active and passive participants). The characteristics of individual courses are listed, i.e., publicly accessible on the supplier’s website www.pkoagency.cz.
- The subject of performance is teaching in a course for the public announced by the supplier for the relevant period on the basis of an order (hereinafter referred to as the course).
Art. III General arrangements
- The supplier undertakes to meet the published conditions of the instruction, especially in terms of date, scope of instruction, price, quality of performance and lecturer support. Other obligations of the supplier are specified in other sections of these conditions.
- The customer is obliged to take over the ordered instruction and pay for it properly and on time.
Art. IV Date of the implementation of the instruction
- The course takes place in the time range according to the specification of the ordered type of course. The length of one lesson is 45 minutes, unless otherwise stated in the course specification.
- The beginning of the instruction is specified in the current offer of music courses on the supplier’s website www.pkoagency.cz.
- In the event that it will not be possible to provide the instruction for serious reasons, the supplier is entitled to choose an alternative method or alternative date for providing the instruction. The customer will be notified of this fact sufficiently in advance.
- The supplier reserves the right to cancel the course due to non-fulfilment of the minimum capacity of the course. The supplier is obliged to inform the customer about this fact no later than 3 working days before the start of the course. The supplier is obliged to offer the customer an alternative solution (possibility to attend another course, refund the course fee). In this case, the course fee is refundable in full.
Art. V Course fees
- The price for the relevant preparatory course (hereinafter only the course fee) is published on the website www.pkoagency.cz for each individual course and is stated in the customer’s order (according to the specific course specification).
- The course fee includes the appropriate number of teaching hours (according to the specification of each course), classroom equipment during instruction.
- The course fee is always stated including the VAT rate.
Art. VI Payment terms
- Before the start of the course, the customer is obliged to pay the supplier the course fee in full, no later than 21 days before the start of the course. In the case of ordering a course after this deadline, the customer is obliged to pay the supplier the course fee in full within three working days after confirmation of the application, provided that the course fee must be paid before entering the course.
- The course fee can be paid by transfer to the account. An invoice will be issued to the customer – a tax document for the entire amount of the order. The customer is obliged to comply with the due date of the tax document. In the event that the payer is a legal entity, the customer is obliged to state the ID number (IČ) and registered office of this legal entity.
- If the customer does not pay any payment to the other contracting party properly and on time, the place on the course is vacated for substitutes and the contract expires, unless the contracting parties agree otherwise. The supplier is entitled to charge a one-time contractual penalty in the amount of CZK 500 to the party who is/was in arrears with payment.
Art. VII Discounts on course fees
- One or two of the best course participants will receive a scholarship (they will be refunded the course fee).
- The supplier is not obliged to notify the customer of the possibility of using the discount.
Art. VIII Quality of instruction and lecturer assurance of the instruction
- The supplier undertakes to provide a lecturer for the instruction of the course according to the specific specification of the given course. The supplier reserves the right to change the lecturer, he will inform the course participants about the change.
- The supplier undertakes that the instruction will take place to the extent according to the time allowance of the course.
- The supplier undertakes to procure for the instruction high-quality lecturers who have the necessary education and experience in the field.
- The supplier undertakes to comply with the maximum set limit for the number of persons in the course according to the specification of the course.
- The minimum number of people in the course is 5, unless otherwise specified by the supplier. In the event that the relevant course is not ordered and the course fee not properly paid for at least 5 customers, it will not take place in accordance with Art. IV Para. 6 of the GTC implemented.
Art. IX Complaints
- If the client is dissatisfied with the quality of the instruction, s/he is obliged to inform the supplier of this fact in writing, e.g., by e-mail. The written complaint must contain the following information: name and surname of the customer (or course participant, if he/she is another person from the customer), contact details of the customer, course specifications and a description of the subject of the complaint.
- Complaints about the course can be made no later than the beginning of the second instruction meeting after the start of the course, of which the client is aware and agrees to this. If the client missed the first instruction meeting, the deadline for making a complaint will not be postponed. Claims arising from liability for defects shall lapse if they are asserted tardily.
- The supplier will confirm the receipt of the complaint e-mail within 5 working days at the latest.
- The supplier reserves the right to review the reasons for the complaint and, if it finds it justified, to propose a solution to the customer, such as a refund of the course fee to the customer. The choice of such a solution is always up to the supplier (in all cases it is a refund of an adequate part of the course fee, i.e., after deducting the amount for lessons or blocks already taken).
- The supplier, or an employee authorized by him/her, undertakes to decide on the complaint immediately, if possible, or within 5 working days.
- Obstacles arising on the part of the customer will not be recognized as a relevant reason for the complaint. It is mainly a change of time possibilities, loss of reason to attend the course with regard to the change of circumstances under which the customer registered.
- Cancellation of the hour by the supplier will also not be recognized as a relevant reason for the complaint. However, the supplier undertakes to provide an alternative date for the instruction or to adequately extend the duration of the course.
- The supplier shall not be liable for non-fulfilment of obligations arising from the contract, which arose as a result of force majeure.
Art. X Breach of contract, change of contract, withdrawal from the contract
- In case of the withdrawal of the customer from the contract (cancellation) before the commencement of the given course, i.e., after sending a binding order (application) and after paying the course fee but 21 days before the actual start of the course (instruction), the client undertakes to pay 50% of the course fee, the remaining 50% of the course fee is returned to the customer. Withdrawal of the customer from the contract (cancellation) later than 21 days before the start of the course or non-payment of the course fee within the due date, the supplier is entitled to 100% of the course fee.
- The customer is not entitled to a refund of the course fee in the event of obstacles arising on his/her part that prevent him/her from attending properly (change of the customer’s time possibilities or other circumstances in which s/he registered for the course). The supplier does not provide financial or other compensation for the customer’s non-participation in the instruction.
- In case of sudden health reasons, the customer is entitled to an interruption of the instruction and transfer of an adequate part of the course fee to another course or a partial refund of the course fee (according to the hours). This fact must be proved to the supplier by a relevant document from a doctor (incapacity for work, etc.), as soon as possible, i.e., no later than the second day after the interruption of the course (the customer is obliged to inform the supplier as soon as possible by e-mail, telephone – contacts are listed on the website www.pkoagency.cz). In the event that the customer does not provide the supplier with a doctor’s certificate within the period according to the previous sentence, s/he is not entitled to a refund of the adequate part of the course fee according to this paragraph.
- In the case of electronic registration for the course, the customer, if s/he is a consumer, has the right to withdraw from this contract without giving a reason within 14 days. This period begins to run from the day following the day on which the contract was concluded (i.e., from the day following the day when the customer sent his order to the supplier and the supplier confirmed the receipt of this order) and compliance with this period is sufficient if withdrawal is sent to the supplier before the expiry of this period. To withdraw from the contract under this provision, the customer may use the sample form, which is attached to these terms and conditions. If the customer withdraws from the contract in accordance with the above conditions, the supplier shall return to him without undue delay, no later than 14 days from the date on which the supplier received the withdrawal from the contract, all payments received from the customer in connection with this contract. in the same way as those payments, unless the parties agree otherwise. By concluding the contract and accepting these terms and conditions, the customer acknowledges that he has the right to exercise this right.
- In the event that the provision of services has already begun before the expiry of the 14-day withdrawal period within the meaning of paragraph 4 of this provision, this has been done at the express request of the customer (i.e., on the basis of the relevant order specifying the date of the commencement of the course) and the customer is in such a case obliged to pay the supplier a proportionate part of the price of the course fee corresponding to the price of the services already provided to the customer.
- In the event that before the expiration of the 14-day period for withdrawal from the contract within the meaning of paragraph 4 of this provision, the services ordered have already been provided to the customer in full, this is at the express request of the customer (ie on the relevant order in which the date of the course) and the customer in such a case has no right to withdraw from the contract under paragraph 4 of this provision.
- After the expiration of the above-mentioned 14-day period, the right to withdraw from the contract concluded by means of the electronic application expires.
- The customer must always send the request for change of the contract as well as withdrawal from the contract to the supplier in writing, i.e., by e-mail or by filling in the request at the office of the supplier’s subsidiary. The request for a change in the contract is considered accepted by delivery to the supplier, however, the supplier undertakes to confirm the receipt of the request no later than 48 hours after receipt. Withdrawal from the contract is effective upon delivery to the supplier.
- The supplier reserves the right to refuse or subsequently exclude from the course a customer who violates the basic principles of civil coexistence or a customer, who turns out that s/he is not objectively able to manage the instruction. In case of subsequent exclusion, the customer is entitled to a refund of the course fee in the range of non-attended lessons.
Art. XI Personal data of the customer
- By sending or signing the order, the customer makes his/her personal data available to the supplier: name, surname, date of birth, address of residence/registered office, e-mail address and telephone number and, for business persons, ID number (IČO). By signing or sending the order, the customer confirms that the personal data provided by him is accurate and true. If there is a subsequent change in personal data, the customer is obliged to notify the supplier of this change, no later than within 7 days.
- In the event that the customer is not also a participant in the instruction and has ordered instruction for a third party, or if the order is signed or sent by the legal representative of a participant of the instruction under 18 years of age, the legal representative or the customer who ordered the instruction for a third party shall declare the person that s/he has the right to use the personal data of the trainee and provide them to the supplier and that the personal data provided are correct. In the event that this statement proves to be untrue, the supplier has the right to claim damages from the person who signed or sent the order.
- The supplier is the controller of personal data in this contractual relationship and undertakes to treat personal data in accordance with the valid legislation, in particular Regulation 2016/679 of the European Parliament and of the Council (EU) on the protection of individuals with regard to the processing of personal data and free movement of such data and repealing Directive 95/46/ES (hereinafter only as “GDPR”).
- In accordance with Art. 6 para. 1 letter b) of the GDPR, the supplier is GDPR is authorized to process the provided personal data for the purpose of concluding and fulfilling the contract. Furthermore, the supplier is authorized to process personal data provided in connection with the performance of the contract due to a legitimate interest, for the purposes of direct marketing, i.e., sending commercial messages of the supplier, such as sending information about the supplier’s courses.
- The customer acknowledges that the processing of his/her personal data pursuant to the previous paragraph does not require the consent of the customer.
- The supplier confirms that he is aware that, in accordance with the valid legislation, the customer has:
- the right of access to personal data consisting in the right to obtain from the supplier, as the controller of personal data, confirmation of whether s/he processes personal data concerning him/her, and information on the purpose of the processing, personal data category, processing time and other information according to Art. 15 of the GDPR,
- the right to correct inaccurate personal data according to Art. 16 of the GDPR,
- the right to delete personal data if the purpose for which they were collected has ceased to exist, or if the customer has revoked the consent to the processing of personal data or personal data have been collected illegally and for other reasons stated in Art. 17 of the GDPR,
- the right to restrict processing consisting in the fact that the customer denies the accuracy of personal data or raises an objection to the processing and in other cases referred to in Art. 18 of the GDPR,
- the right to data portability, consisting in the customer having the right to obtain personal data provided by the supplier as controller in a structured, commonly used and machine-readable format and to transfer this data to another controller under the conditions set out in Art. 20 of the GDPR,
- the right to object to the processing of personal data according to Art. 21 GDPR and
- the right to lodge a complaint with the Office for Personal Data Protection.
- The customer declares that s/he is sufficiently informed about his rights regarding the protection of personal data.
- The customer acknowledges that the processing of personal data of the customer may be entrusted by the supplier to a third party as a processor.
- The supplier undertakes to take measures to prevent unauthorized or accidental access to the customer’s personal data, the customization, destruction or loss of the personal data of the customer, unauthorized transfers, their other unauthorized processing, as well as other misuse of personal data, and with this undertakes to ensure this also with each processor of personal data whom s/he entrusts with the processing.
- The supplier shall, to the extent provided by generally binding legal regulations, ensure that its employees and other persons working with personal data of the customer are informed that such data must be stored and protected in accordance with the GDPR and not provided to third parties.
- The processing of personal data of the customer will take place for the duration of the contract concluded on the basis of the order. The supplier undertakes to delete the processed personal data without undue delay after the termination of the contract, but no later than within 3 months, except for the legitimate interest of the supplier in the event of a dispute with the customer and sending information about the supplier’s courses. The supplier.
- The supplier declares that the system where the personal data will be stored is located in the territory of the European Union and is in accordance with the GDPR.
- We will be happy to provide more detailed information regarding the processing of personal data on the basis of a written or telephone request from the customer through any of the following contacts: Prague 1, Petrská 1168/29, PSČ 110 00, tel.: +420 222 809 304, email: firstname.lastname@example.org, web: www.pkoagency.cz
- The contact details of the Supervisory Authority are the following: Pplk. Sochora 27, Postal Code 170 00, Prague 7 – Holešovice, Czech Republic, tel. +420 234 665 111, email: email@example.com, web: www.uoou.cz
Art. XIII. Final provisions and the resolution of disputes
- Unless these GTC or the agreements of the contracting parties provide otherwise, the legal relations between the contracting parties are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended.
- Any changes to the general terms and conditions will be published on the supplier’s website www.pkoagency.cz.
- n the event of a consumer dispute arising between a supplier and a customer who is a consumer arising from a service contract which cannot be settled by mutual agreement, the consumer may apply for out-of-court settlement of such a dispute to a designated out-of-court consumer dispute resolution body. which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department (Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR), address: Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, web: www.coi.cz.
- These terms and conditions are issued in accordance with the Civil Code and are valid and effective from 10 May 2021.