Terms and conditions

General Terms and Conditions

(hereinafter referred to as the „GTC“)

1. INTRODUCTORY PROVISIONS AND DEFINITIONS

1.1 The following GTC specify in detail the rights and obligations of the contracting parties arising from their respective contractual relationships.
1.2 A person other than the person submitting the GTC when entering into the respective contractual relationships agrees to the wording and provisions of the GTC, the Privacy Policy, and the Flight Day Rules, which they confirm by checking the box „I agree to the General Terms and Conditions, Privacy Policy, and Flight Day Rules“.
1.3 For the purposes of the contractual relationships between the contracting parties (i.e., specific contracts of which these GTC, the Privacy Policy, and the Flight Day Rules are an integral part), the following words and expressions with a capital initial letter have the following meanings:

„Passenger“	means the person in whose favor the Experience is provided, if different from the Buyer;
„Code“	means a unique set of letters, digits, or other characters that will be sent together with the order confirmation, which the Buyer or the Passenger, depending on who is to be provided with the Experience, shall present at the Experience location on the Experience date;
„Buyer“	means the person submitting the order;
„Provider“	means another person who ensures the provision of the Experience or part thereof, if different from the Seller;
„Seller“	means the company For Free Days s.r.o., Reg. No. (IČO): 07701489, VAT No. (DIČ): CZ07701489, with its registered office at Formánkova 436/2, Moravské předměstí, Hradec Králové, Postcode: 500 11, whereby the Seller is a VAT payer;
„Experience“	means a specific set of services at a specific location on a specific date in favor of the Buyer or the Passenger;

2. ORDERING AN EXPERIENCE

2.1. By submitting an order through the web interface on the website www.forfreedays.cz the Buyer bindingly orders an Experience on a specific date at a specific location.
2.2. When ordering, the Buyer is obliged to provide true and correct data that affect the possibility of providing the Experience; otherwise, the Experience may not be provided for safety reasons.
2.3. The Seller is obliged to send an order confirmation to the Buyer's contact e-mail address specified in the order without undue delay, which shall include at least the purchase price, flight time, location, date (or the period for arranging a date within the meaning of Section 3), weight restrictions, the possibility of withdrawal, any other important clarifying information, and to which the GTC, Privacy Policy, and Flight Day Rules will be attached.
2.4. The Buyer undertakes to pay the purchase price only in the manner specified when ordering through the web interface on the website www.forfreedays.cz, or in the order confirmation.
2.5. The Buyer acknowledges that the Experience will be provided to the Buyer or the Passenger, depending on who is to be provided with the Experience, exclusively after full payment of the purchase price. The Seller thus has the right to refuse the provision of the Experience due to non-payment of the full purchase price.
2.6. At least 3 days before the day of the Experience, the Buyer will receive a specification of the time (hour and minute) of the Experience provision at the contact e-mail address specified in the order, and possibly a specification of the location of the Experience provision, if the Buyer was informed of the subsequent specification of the location before submitting the order. This specification is only indicative, taking into account the specifics of the particular Experience. If the Buyer or Passenger, depending on who is to be provided with the Experience, does not arrive at the specified location at the specified time, the Experience may not be provided, and neither the Buyer nor the Passenger shall be entitled to a refund of the purchase price or any other compensation for damages or non-material harm.
2.7. The Buyer or the Passenger, depending on who is to be provided with the Experience, shall present themselves at the location and on the date of the Experience with the Code.

3. SPECIAL REGIME FOR EXPERIENCES WITHOUT A PRE-DETERMINED DATE

3.1. The Seller may sell some of its Experiences in a different regime, namely without a pre-determined date. The Buyer is always notified of this fact before submitting the order (hereinafter referred to as the „Experience without a pre-determined date“).
3.2. In the case of an Experience without a pre-determined date, the Buyer has the option within the period specified before submitting the order (hereinafter referred to as the „Period“) to agree with the Seller on a specific individual date for the Experience, whereby the Experience date must occur no later than 14 days from the day the Period expires.
3.3. If the Buyer does not contact the Seller for the purpose of arranging a specific individual date for the Experience within the Period, they cannot claim the provision of the Experience or compensation for damages or non-material harm.
3.4. In the event that the Buyer contacts the Seller for the purpose of arranging a specific individual date for the Experience within the Period, and yet the Buyer and the Seller do not agree on a date for the Experience, the Buyer has the right to a refund of the purchase price.
3.5. If the Buyer uses another person, for example but not exclusively the Passenger, to arrange a specific individual date for the Experience, such person shall be considered the Buyer's representative.
3.6. The provisions of paragraph 4.20 shall not apply to an Experience without a pre-determined date.

4. SPECIFIC CONDITIONS FOR PERFORMING THE EXPERIENCE

4.1. Unless stated otherwise before submitting the order, the Experience includes, in addition to follow-up services, a helicopter flight. With regard to Commission Regulation (EC) No 8/2008, this is not a sightseeing flight, but an observation, introductory, and photo flight (hereinafter referred to as the „Flight“).
4.2. Flight time is calculated from the invitation to board until exiting the helicopter.
4.3. The Flight is usually completed at the full capacity of the helicopter, where the assignment of persons to individual Flights and individual seats takes place primarily on the basis of the data previously provided by the Buyer (e.g., weight) and is thus at the full discretion of the Seller or the Provider.
(a) The Buyer has the option to include a note about the preferred way of assigning persons when submitting the order; however, this cannot be considered as submitting an order with a condition or as a narrowing of the right of the Seller or the Provider to assign persons to individual Flights and individual seats.
(b) This does not affect the Buyer's right to purchase the total capacity of the helicopter and thus have the opportunity to influence the assignment of persons, provided it is in accordance with generally binding legal regulations and the limits of the specific helicopter.

4.4. The Provider of the Experience is the company HELI CZECH s.r.o., Reg. No. (IČO): 274 90 271, with its registered office at Formánkova 436/2, 500 11 Hradec Králové.
4.5. With regard to valid and effective generally binding legal regulations and with emphasis on safety, the helicopter commander has the right to decide with finality on the method of execution or non-execution of the Flight.
4.6. For operational and technical reasons, the Seller reserves the right to change the place of departure and the type of helicopter to the nearest suitable location, so that the quality of the Flight remains preserved and it is possible to perform the Flight on the set date.
4.7. For operational and technical reasons, the Seller reserves the right to change the date of the Flight, and thus the Experience as such, for the purpose of maintaining flight safety, or in the case of other unexpected circumstances. In such a case, the Buyer will be assigned an alternative date for the Flight, or the Experience as such.
4.8. Persons on board must respect the instructions given to them before/during/after the Flight by the pilot, instructor, or other authorized person (e.g., helicopter crew) of the Seller or the Provider.
4.9. Persons on board must not interfere with the course of the Flight in any way, in particular manipulate the helicopter controls, or operate on-board equipment, unless invited to do so by the pilot, instructor, or other authorized person of the Seller or the Provider.
4.10. A Buyer or Passenger who is under the influence of alcohol, drugs, or other narcotic and addictive substances may be denied the Experience.
4.11. Both the Buyer and the Passenger acknowledge that suitable meteorological conditions are necessary for a safe Flight. Minimum visibility, minimum cloud base as well as maximum wind speed must comply with the standards for VFR flights set out in generally binding aviation regulations.
4.12. In the event of unsuitable or worsened meteorological conditions (strong wind, turbulence, thermal currents, thunderstorms, rain, snow, low clouds, fog, and other meteorological phenomena) that may prevent a safe and comfortable Flight, the Flight, and thus the entire Experience, may be canceled. The helicopter commander has the final right to decide on the cancellation or shortening of a given Flight.
(a) If the Flight is shortened for these reasons significantly, the Buyer will be assigned an alternative date for the Flight, or the Experience as such, while the Experience may also be set at a different location.
(b) If the Flight does not take place at all for these reasons, the Buyer will be assigned an alternative date for the Flight, or the Experience as such, while the Experience may also be set at a different location.
4.13. The development of meteorological conditions cannot be precisely predicted; therefore, the cancellation or interruption of the Flight for safety reasons or due to worsening meteorological conditions is not a reason for withdrawal from the contract.
4.14. Every helicopter has a maximum take-off and landing weight, or weight load per seat, determined by the manufacturer. This limit must not be exceeded under any circumstances. Therefore, when ordering and subsequently by sending an e-mail to info@forfreedays.cz, the Buyer is obliged to maintain up-to-date weight data so that it is correct and true and the maximum take-off and landing weight is not exceeded.
4.15. In the case of excess weight, i.e., weight exceeding the limit specified before submitting the order, of the Buyer or the Passenger, depending on who is to be provided with the Experience, this Flight cannot be carried out, and this is not a reason for withdrawal from the contract.
4.16. In the event of a suspicion of exceeding the previously stated weight, the Buyer or the Passenger, depending on who is to be provided with the Experience, is obliged to submit to weighing for the purpose of verifying whether the stated weight data corresponds to reality. If this data does not correspond, the Buyer or the Passenger will not be allowed to carry out the Flight.
4.17. The Buyer or the Passenger acknowledges that the Flight may only be completed by medically fit persons, i.e., those who do not suffer from serious complications, particularly those who do not suffer from epilepsy, heart disease, loss of vision, mental disability, or other serious illnesses to such an extent that they could affect the Flight itself or the safety of the Buyer or Passenger or the safety of other persons on board.
4.18. By submitting the order, the Buyer declares that they, or the Passenger, depending on who is to be provided with the Experience, do not suffer from the difficulties specified in paragraph 4.17.
4.19. The Buyer or the Passenger, depending on who is to be provided with the Experience, must sign a declaration of familiarity with the Flight Day Rules and consent to comply with them at the Experience location on the day of the Experience before boarding the helicopter, as well as a declaration that they do not suffer from the difficulties specified in paragraph 4.17. If they do not do so, the Experience will not be provided in its entirety.
4.20. The Seller reserves the right to cancel the Experience due to failure to meet at least the minimum capacity of the Experience, as the price of the Experience is calculated precisely with regard to at least the minimum capacity of the Experience.
(a) In the event of cancellation of the Experience due to failure to meet at least the minimum capacity of the Experience, the Buyer will be assigned an alternative date for the Experience, while a different location for the Experience may also be set. If the Buyer does not agree to this, they have the right to contact the Seller with a request for a refund of the purchase price;
(b) In the event of cancellation of the Experience due to failure to meet at least the minimum capacity of the Experience, neither the Buyer nor any other person is entitled to compensation for damages or non-material harm.
4.21. For the purpose of contacting, particularly for reasons of changes according to paragraph 4.12 and paragraph 4.20, the Buyer is obliged to provide a contact telephone number when submitting the order, to which an information message will be sent in case of changes.
4.22. The Buyer or Passenger, depending on who is to be provided with the Experience, may only be a natural person over two years of age. In the event that the Buyer or Passenger, depending on who is to be provided with the Experience, is a person under eighteen years of age and at the same time is not a person with full legal capacity, then the Experience may only be provided after the demonstrable consent of the legal representative of this person to the provision of the Experience (e.g., by the signature of the legal representative of such person on site). A natural person under 10 years of age may only complete the Flight accompanied by an adult. For persons with limited legal capacity, this provision shall apply mutatis mutandis according to the circumstances, particularly the extent of the limitation of such person's legal capacity.

5. SPECIFIC CONDITIONS FOR THE SIMULATOR

5.1. In the event that the Experience includes the possibility for the Buyer or the Passenger, depending on who is to be provided with the Experience, to operate a device simulating helicopter flight (hereinafter referred to as the „Simulator“), the provisions of Article 4 shall apply mutatis mutandis.
5.2. Time in the Simulator is calculated from the first sitting in the prepared simulator until the final exiting from the simulator.
5.3. The provisions of paragraphs 4.1, 4.2, 4.3, 4.11, 4.12, 4.13 do not apply.

6. WITHDRAWAL FROM THE CONTRACT

6.1. By withdrawal, the contractual relationship is canceled from the beginning, with the Buyer and the Seller returning the provided performance.
6.2. The Buyer, even if they are a consumer, cannot withdraw from the contract without giving a reason within 14 days of its conclusion in accordance with Section 1837(j) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the „CC“), as the Experience consists of the use of leisure time on a specific date.
6.3. In the case of the purchase of Experiences without a pre-determined date, the Buyer has the option to withdraw from the contract without giving a reason within 14 days of its conclusion, but only on the condition that they have not yet agreed with the Seller on a date, as this agreement is considered performance before the expiry of the period for withdrawal without giving a reason with the Buyer's consent within the meaning of Section 1837(a) CC, of which the Buyer is informed before submitting the order.
6.4. The Seller may withdraw from the contract if any provision of the GTC is violated by the Buyer or the Passenger, without any claim of the Buyer for compensation for damages or non-material harm.

7. COMPLAINTS PROCEDURE AND OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

7.1. Rights and obligations arising from defective performance are governed by the relevant provisions of the CC.
7.2. The Buyer has the right to exercise their right from defective performance (hereinafter referred to as the „Complaint“) by e-mail at info@forfreedays.cz or in writing by a letter delivered to the registered office of the Seller, within six months of the provision of the Experience.
7.3. The Seller will usually comment on the exercised Complaint immediately, in complex cases within three working days.
7.4. The Seller shall notify the Buyer of the progress and conclusion of the Complaint, usually at the e-mail address specified by the Buyer during the complaint.
7.5. A Buyer who meets the characteristics of a consumer according to Section 2(1)(a) of Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the „CPA“), has the right to an out-of-court settlement of a dispute concerning the Experience under Section 20d et seq. of the CPA. The entity for out-of-court settlement of consumer disputes (i.e., the body authorized to resolve such a dispute) within the meaning of Section 20e(d) of the CPA is the Czech Trade Inspection Authority (Česká obchodní inspekce). The website address of the Czech Trade Inspection Authority is http://www.coi.cz/.

8. ADDITIONAL INFORMATION OBLIGATION TOWARDS THE CONSUMER

8.1. The contract remains stored in the Seller's system, and will be provided to the Buyer upon request at the e-mail info@forfreedays.cz.
8.2. The contract can only be concluded in the Czech language.
8.3. The Seller does not voluntarily adhere to any codes of conduct, nor are they binding for the Seller.

9. FINAL PROVISIONS

9.1. If any part of any provision of the GTC is found or becomes invalid, illusory, or unenforceable in any respect, such part shall be ineffective only to the extent of such invalidity, illusoriness, or unenforceability, without any effect on the remaining parts of such provision or the remaining provisions.
9.2. Legal relationships established by or related to the GTC are governed by the laws of the Czech Republic. The parties have agreed that those provisions of the CC that are in conflict with the agreements in the GTC shall not apply.
9.3. The Seller is entitled to unilaterally change the GTC, whereby the new version of the GTC becomes effective on the date of publication.
9.4. The Buyer undertakes to familiarize the Passenger with the wording of the GTC without undue delay, no later than the day before the Experience date.
9.5. If the GTC refers to days, these mean full days; thus, 7 days before the day of the Experience means 7 full days before the day of the Experience.

In Hradec Králové on May 31, 2020