These general terms and conditions (hereinafter referred to as “GTC”) of the company:
Blue Sky Service, s.r.o.
based
Letiště Brno- Tuřany 904/1
627 00 Brno
Česká republika
IČ: 26311666
entered in the commercial register under file number C 43040 held at the Regional Court in Brno
email: info@blueskyservice.cz
tel.: +420 774 444 115
hereinafter referred to as “We” or “Seller”
regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code“), the mutual rights and obligations of you, as buyers (hereinafter referred to as “You” or “Buyer” ), and Us, as sellers, arising in connection with or on the basis of a purchase contract (“Contract“) concluded via the E-shop on the website www.blueskyservice.cz.
All information on the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here https://blueskyservice.cz/zasady-ochrany-osobnich-udaju/.
The provisions of these GTC are an integral part of the confirmed order. The order, contract and GTC are drawn up in the language according to the language mutation of the E-shop (Czech and English). We can unilaterally change or supplement the wording of the General Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.
Due to the nature of the method of communication and our own business, it applies to our Contract that means of remote communication are used, which allow us to reach an agreement without the simultaneous physical presence of the Seller and the Buyer, and the Contract is thus concluded remotely in the E-shop environment, and through the interface of the website www.blueskyservice.cz. If any part of the General Terms and Conditions contradicts what we agreed upon together as part of the process of your purchase on Our E-shop, this specific agreement will take precedence over the General Terms and Conditions.
- SOME DEFINITIONS
- Price is the financial amount you will pay for the Goods;
- VAT is value added tax according to applicable legal regulations;
- Advance invoice is a document issued for payment of the Total Price;
- An invoice is a tax document issued in accordance with the Value Added Tax Act on the Total Price;
- The order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
- You are a person shopping at Our E-shop, referred to by law as a buyer;
- Goods are everything you can buy on the E-shop, i.e. Vouchers for services provided by the Seller;
- The service is usually a flight by plane or helicopter provided by the Seller
- GENERAL PROVISIONS AND INSTRUCTIONS
- The purchase of Goods is possible only through the E-shop interface.
- When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.
- CONCLUSION OF CONTRACT
- It is possible to conclude a contract with Us in the language according to the language mutation of the E-shop (Czech and English).
- The contract is concluded remotely via the E-shop, while the costs of using remote communication means are covered by you. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so we do not charge any additional costs beyond the Total Price. By sending the Order, you agree that we use the means of remote communication.
- In order for us to conclude the Agreement, you need to create a draft Order in the e-shop. This proposal must include the following information:
- Information about the purchased Goods (in the e-shop, you indicate the Goods you are interested in purchasing with the “Select variant” button);
- Information on the Price and method of payment of the Total Price; this information will be entered as part of the creation of the draft Order within the user environment of the E-shop, while the information on the Price, Total Price and payment method will be entered automatically based on the Goods selected by you;
- Your identification and contact details are used so that we can deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;
- During the creation of the draft Order, you can change and check the data until it is created. After checking by pressing the “Send and pay” button, you will create the Order. However, before pressing the button, you must still confirm your familiarity with and agreement with these GTC, otherwise it will not be possible to create an Order. A check box is intended for confirmation and consent. After pressing the “Send and pay” button, all the filled-in information will be sent directly to Us.
- We will confirm your Order as soon as possible after it has been delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order, Advance Invoice, Goods – electronic PDF Voucher for the experience you have chosen and a link to these GTC. By confirming the Order on our part, the Contract between Us and You is concluded. The General Terms and Conditions in the version effective on the date of the Order form an integral part of the Contract.
- There may also be cases when we will not be able to provide you with the service indicated on the ordered Goods. This is especially the case when the selected service is not available for technical reasons. In this case, we will contact you as soon as possible. After mutual agreement, we will then send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the contract is concluded when you confirm Our offer.
- In the event that an obviously incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order, and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. If you do not confirm our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.
- In the event that the Contract is concluded, you are obligated to pay the Total Price.
- PRICING AND PAYMENT TERMS, RESERVATION OF TITLE
- The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price specified for the Goods in the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract.
- The total price is stated including VAT, including all fees established by law.
- We will require you to pay the Total Price after concluding the Contract and sending the Goods to your email address specified in the Contract. You will pay the total price:
- By bank transfer based on the sent Advance Invoice. We will send you payment information as part of the Order confirmation. The total price is due by the date indicated on the Advance Invoice.
- The invoice (tax document) will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address.
- Ownership of the Goods is transferred to you only after you pay the Total Price by bank transfer and it will be credited to Our Account.
- DELIVERY OF GOODS
- The goods will be delivered to you exclusively in electronic form – a PDF file with a Voucher for the ordered services to the email contact you specified in the Agreement.
- We automatically send the goods immediately after pressing the “Send and pay” button. Delivery speed depends solely on the speed of your internet connection.
- In the event that the goods are not delivered to your email inbox specified in the Contract within 24 hours of pressing the “Send and pay” button, contact the customer email info@blueskyservice.cz or phone: +420 774 444 115.
- After the Goods have been delivered to your email box, check the correctness of the selected parameters for using the ordered service. In the event that the Product (PDF Voucher) contains incorrect information, please contact the customer email info@blueskyservice.cz or phone: +420 774 444 115.
- In the event that you violate your obligation to take over the Goods, with the exception of cases according to Article 6.4 of the General Terms and Conditions, this does not result in a violation of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Agreement due to your substantial breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the payment of any claim for damages, if any.
- If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed upon in the Contract, it is your duty to compensate Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your e-mail address specified in the Contract and they are due 14 days after the e-mail is delivered.
- Dangerous damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, with the exception of the cases according to Article 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part you did not take them over. The transfer of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
- In the event that we are not able to deliver the Goods to you even within 30 days from the expiry of the delivery period of the Goods specified in the Order confirmation, for any reason, we and you are entitled to withdraw from the Contract.
- RIGHTS FROM DEFECTIVE PERFORMANCE
- We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms and Conditions, the Goods are free of defects, especially if:
- has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
- it is suitable for the purposes we have indicated or for purposes which are customary for Goods of this type;
- meets the requirements imposed on him by legal regulations;
- is not encumbered by the rights of third parties.
- Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended later regulations).
- In the event that the Goods have a defect, i.e. in particular if any of the conditions according to Article 7.1 are not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to Our address listed in Our identification data. For complaints, you can also use the sample form provided by Us, which forms Appendix No. 1 of the General Terms and Conditions. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases according to Article 7.4, without Our consent. We will handle the claim in accordance with the right you have asserted from defective performance. In the event that you do not choose to resolve the defect, you have the rights listed in Article 7.5 even in situations where the defective performance was a substantial breach of the Contract.
- If defective performance is a material breach of the Agreement, you have the following rights:
- to remove the defect by delivering new Goods without defect;
- to remove the defect by repairing the Goods;
- for a reasonable discount from the Price;
- to withdraw from the Agreement.
In the event that you choose the resolution according to points a) or b) and We do not remove the defect in this way within the reasonable period that we have indicated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you they did not originally request as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and We discover that the defect is irreparable, we will notify you and you can choose another method of removing the defect.
- If defective performance is a non-material breach of the Agreement, you have the following rights:
- to remove the defect by delivering new Goods without defects, or by delivering a missing part of the Goods;
- to remove the defect by repairing the Goods;
- for a reasonable discount from the Price.
However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw in the event that you cannot use the Goods properly due to the repeated occurrence of defects after the Goods have been repaired or in the event of a large number of Goods defects.
- In the event of a material or non-material breach, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
- if there has been a change in the condition of the Goods as a result of an inspection for the purpose of detecting a defect;
- if the Goods were used before the defect was discovered;
- if the impossibility of returning the Goods in an unchanged state was not caused by your actions or your omission,
- if you have sold, consumed or altered the Goods during normal use before the defect was discovered; however, if this happened only partially, the part of the Goods that can be returned is your responsibility, and in such a case, the part of the Prices corresponding to your benefit from the use of part of the Goods will not be returned to you.
- Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the estimated duration of the complaint handling. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.
- We will inform you by e-mail about the settlement of the claim. If the complaint is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, e.g. with receipts or receipts for the price of transport. In the event that the defect has been rectified by the delivery of new Goods, it is your duty to return the original Goods to Us, but the costs of this return shall be covered by Us.
- If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.
- If you are a consumer, you have the right to exercise rights from defective performance in the case of a defect that occurs in the Consumer Goods within a period of 24 months from the receipt of the Goods.
- The provisions regarding the right to defects do not apply in the case of:
- Goods that are sold at a lower price, due to a defect for which the lower price was agreed upon;
- wear and tear of the Goods caused by their usual use;
- used Goods for a defect commensurate with the level of use or wear and tear the Goods had when you took them over;
- when it follows from the nature of the Goods.
- We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms and Conditions, the Goods are free of defects, especially if:
- WITHDRAWAL FROM CONTRACT
- Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the General Terms and Conditions, in which the possibility of withdrawal is expressly stated.
- If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods, in accordance with §1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly , starts running on the day of delivery of the first delivery. You may withdraw from the Agreement by any demonstrable means (in particular by sending an e-mail or a letter to Our addresses listed in Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Appendix No. 2 of the General Terms and Conditions.
- Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is:
- Goods, the Price of which depends on fluctuations in the financial market independently of Our will and may occur during the withdrawal period from the Contract;
- he delivery of alcoholic beverages, which can only be delivered after thirty days and their price depends on fluctuations in the financial market independent of Our will;
- Goods that have been modified according to your wishes or for you;
- Goods that are subject to rapid deterioration and Goods that have been irreversibly mixed with another after delivery;
- Goods in closed packaging that have been removed from the packaging and cannot be returned for hygienic reasons;
- supply of sound or video recording or computer program if the original packaging has been damaged;
- delivery of newspapers, periodicals or magazines;
- delivery of digital content, if it was not delivered on a physical medium and was delivered with your prior express consent before the expiration of the withdrawal period from the Contract and We have informed you that you do not have the right to withdraw from the Contract.
- The withdrawal period according to Article 8.2 of the General Terms and Conditions is considered to have been observed if you send Us a notification that you are withdrawing from the Agreement during this period.
- In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded until you return the Goods to Us or until you prove that they have been sent back to Us.
- In case of withdrawal from the Contract according to Article 8.2 of the General Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us.
- You are liable to Us for damages in cases where the Goods are damaged as a result of your handling them in a manner other than what is necessary with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the Goods have been returned to Us and the invoiced amount is due within 14 days. In the event that we have not yet returned the Prize to you, we are entitled to offset the cost claim against your claim for the return of the Prize.
- We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Art. 6.9. GTC We may also withdraw from the Agreement if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
- CONSUMER DISPUTE RESOLUTION
- In relation to the buyer, we are not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) Civil Code.
- We handle consumer complaints via the electronic address info@blueskyservice.cz. We will send information about handling the complaint to the buyer’s email address.
- The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
- The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013, on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).
- FINAL PROVISIONS
- If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
- We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement or through which you contacted us.
- The contract can only be changed based on our written agreement. However, we are entitled to change and supplement these GTC, however, this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change, or based on the Contract, we are to deliver the Goods to you regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending the information about the change the termination of the concluded Contract for regular and repeated deliveries of Goods, the new GTC will become part of our Contract and will be applied to the next delivery of Goods following the effective date of the change. The notice period if you give notice is 2 months.
- In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational breakdowns, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure and if the state of force majeure lasts for a period longer than 10 days, We and You have the right to withdraw from the Contract.
- The GTC annex contains a sample form for a complaint and a sample form for withdrawing from the Contract.
- The contract, including the GTC, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these GTC and the Order confirmation with a summary of the Order by e-mail and will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and GTC.
- These General Terms and Conditions take effect on 1 August 2022.
APPENDIX NO. 1 – COMPLAINT FORM
Addressee:
Blue Sky Service, s.r.o.
Letiště Brno- Tuřany 904/1
627 00 Brno
Česká republika
IČ: 26311666
Making a complaint
Date of conclusion of the Agreement: |
Name and surname: |
Postal Address: |
E-mail address: |
Goods being complained about: |
Description of product defects: |
Suggested method for processing a claim, or providing a bank account number to provide a discount: |
At the same time, I request the issuance of a confirmation of the application of the complaint, indicating when I exercised this right, what the content of the complaint is, together with my claim, including the date and method of settlement of the complaint.
Date:
Signature:
APPENDIX NO. 2 – FORM FOR WITHDRAWAL FROM THE CONTRACT
Addressee:
Blue Sky Service, s.r.o.
Letiště Brno- Tuřany 904/1
627 00 Brno
Česká republika
IČ: 26311666
I hereby declare that I withdraw from the Agreement:
Date of conclusion of the Agreement: | |
Name and surname | |
Postal address: | |
E-mail address: | |
Specifications of the Goods covered by the Contract: | |
The way to return the funds received, or to indicate the bank account number: |
If the buyer is a consumer, he has the right if he ordered the goods through the e-shop of Blue Sky Service, s.r.o. (“Company”) or other means of remote communication, except for the cases specified in § 1837 of the Act No. 89/2012 Coll., Civil Code, as amended, withdraw from an already concluded purchase contract within 14 days from the day of taking over the goods, without giving a reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing to the address of the Company’s premises or electronically to the e-mail indicated on the sample form.
If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over the goods he received from the Company to the Company without undue delay, no later than 14 days after withdrawing from the purchase contract.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company will return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (the purchase price of the delivered goods), including the delivery costs, which he received from him on the basis of the purchase contracts, in the same way. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the Company, the Company will reimburse the buyer for the cost of delivery of the goods only in the amount corresponding to the cheapest method of delivery of the goods offered. The Company is not obliged to return the received funds to the buyer before the buyer of the goods hands it over or proves that he has sent the goods to the Company.
Date:
Signature: