General terms and conditions
These terms and conditions are valid and effective from 10.11.2022.
1. Introductory Provisions
1.1. These general terms and conditions (hereinafter referred to as "GTC") are binding for the parties to all contracts concluded through or in direct connection with the website presentation https://www.realne-simulatory.cz/. The term contract is understood to mean all expressions of will leading to the conclusion of a legal relationship, i.e. in particular a written or electronic order and order confirmation, telephone order, etc. (hereinafter: "contract").
1.2. The provider is a business corporation: Simulation of Reality, s.r.o., ID: 02776359, realne-simulatory.cz, s.r.o., ID: 17731739, place of business: Na Radosti 399, 155 21 Prague 5 - Zličín, Czech Republic (hereinafter referred to as the "provider" )
1.3. The provider is not a VAT payer.
1.4. Deviations from these PPE can only be made by express written agreement between the contracting parties.
1.5. The OOP remains effective for both contracting parties even after the termination of the contract, in matters related to the contract in question (e.g. compensation for damages, choice of law, dispute resolution, etc.)
1.6. The provider reserves the right to change these PPE, even without prior notice. Changes in the PPE are effective for the applicant on the day they are announced, including for the applicant who ordered the service before the new or changed PPE became effective. However, this change must not shorten or otherwise seriously devalue the service ordered and paid for.
2.1. The usual way of concluding a contract is an electronic order, through the web presentation https://www.realne-simulatory.cz/ (hereinafter: "the website"), through a designated electronic form. The order for services is valid on the day the amount in question is credited to the provider's account.
2.2. The condition for the validity of an electronic order is the true and complete filling in of all data and requirements prescribed by the form (form fields).
2.3. If the data provided by the interested party in the electronic form are clearly incorrect or contain illogicalities, the provider reserves the right to suspend such an order, to verify the correctness of the data by appropriate means and, if necessary, not to accept the order.
2.4. The provider will confirm the order by e-mail.
2.5. After confirming the order and paying the total price, the person interested in the services, in accordance with Part 4 of these PPE, reserves the contractual simulation date online at www.realne-simulatory.cz/rezervace. It is possible to cancel or move the appointment (with the exception of the service offering "last minute" appointments) a maximum of twice and through the reservation system, no later than 72 hours before the booked appointment. If the date is canceled later, the originally reserved date is forfeited and the Applicant is entitled to a 50% discount on a new order of the same service paid within one week of the originally reserved date.
2.6. The validity of the gift voucher is 6 to 12 months from the date of the order. The voucher can be extended during its validity by another 6 months for CZK 500 through the reservation system. The gift voucher can be exchanged for another simulator in the reservation system in the same or higher price category, and any difference must be paid. However, if the existing voucher was purchased with a promotional discount, the surcharge is calculated as the difference between the promotional price and the final price of the new voucher.
3. Provision of services
3.1. The provider undertakes to provide the interested party with a service in the form of a stay in the flight simulator of the Boeing 737 NG, Airbus A320, full motion Cessna 182RG, F16 Fighting Falcon, VR Racing Special / Flight motion, F1 simulator or U-BOAT submarine, including interactive control of this simulator ( hereinafter: "simulation")
3.2. The provider will also provide the interested party with a professional escort for the duration of the simulation, who will instruct the interested party in an appropriate manner about behavior in the simulator and about managing the simulation, or about other essential aspects of the service provided.
3.3. The duration of the simulation, which the interested party has ordered and duly paid for, begins to run by sitting in the simulator cabin, fully prepared for the interested party's interactions. In case of technical problems, the time is extended by the time of their resolution. If the solution time exceeds more than 15 minutes, the Interested Party is entitled to use a new deadline for the remaining time.
3.4. In the price of the main experience, the Provider offers FREE bonus services such as familiarization with the simulator, a tour of other simulators or a test flight on Flight Simulator 2020 for the duration of the main experience for the Spectator's accompaniment, totaling 30 minutes. Failure to provide these bonus services due to the exclusion of these bonus services or the limited capacity of bonus services does not entitle the Interested Party to claim the experience and return the amount paid.
4. Prices and payment terms
4.1. All prices listed on the website may include additional fees depending on the type of service, but they are always listed in the additional fees of the given service. The exception is the over-limit spectator escort at the price of CZK 190/1 person or alternating the spectator escort for driving the simulator at the price of CZK 490/1 person.
4.2. If the interested party does not find the relevant type of service they are looking for in the price list on the website, it is possible to individually negotiate a different price and terms.
4.3. The price for the services is paid by the interested party exclusively by non-cash transfer to the provider's account or in cash at the establishment when collecting the relevant voucher.
4.4. The interested party is obliged to enter the number that was sent to him by email as a variable payment symbol.
4.5. The interested party is obliged to pay the price properly and on time within 14 calendar days, otherwise the order and thus the voucher number will be cancelled. In the case of the LAST MINUTE service offering dates at a discounted price, it is necessary to pay for the service online by card, otherwise we reserve the right to cancel the reservation.
4.6. The day of payment means the day the amount in question is credited to the provider's account. The provider will send a link immediately after the order to download the gift voucher for the Donate an experience service, for other services only the reservation number.
5. Liability for Damages
5.1. The interested party undertakes to follow without reservation the instructions of the person entrusted with running the simulator (hereinafter referred to as the "instructor").
5.2. Simulators are available for children from 12 years old and adults weighing up to 120 kg. Every interested party is informed by the expert staff about how to handle the individual components of the simulator to prevent damage. In the event that the interested party causes damage to the provider (especially damage to the simulator hardware, etc.), he is obliged to pay such damage in full, at the request of the provider either immediately (damage up to CZK 4,999.90) or within ten days (damage from 5,000.00 CZK).
5.3. The provider is entitled to reduce the payment of damages to a reasonable extent, if the interested party proves that he proceeded in accordance with the instructions of the instructor and at the same time proceeded appropriately, considering the specifics of the service provided.
5.4. The provider declares that the operation of the equipment is covered by an insurance policy with a deductible of CZK 10,000, which is also the maximum amount for the applicant to cover such damage.
6. Force majeure
6.1. No contracting party is responsible for any non-fulfilment of obligations arising from the contract, with the exception of the obligation to pay the invoice, if this non-fulfilment or delay was caused by an obstacle that occurred independently of the will of the obligated party and prevented it from fulfilling its obligation, if it cannot or cannot reasonably be expected , that the obligated party could avert or overcome this obstacle or its consequences, and furthermore, that at the time of the obligation's origination, it could not realistically foresee this obstacle (hereinafter referred to as "force majeure"). However, liability for the fulfillment of the obligation is not excluded by an obstacle that arose only at the time when the obligated party was in arrears with the fulfillment of its obligation or arose from their economic circumstances.
6.2. Force majeure for the purposes of this contract, if they meet the requirements stated in the previous paragraph, are considered in particular: natural disasters, fires, earthquakes, landslides, floods, storms or other atmospheric disturbances and phenomena of a significant scale or war, rebellion, rebellion, civil unrest or strikes or decisions or normative acts of public authorities, regulations, restrictions, prohibitions or other interventions by the state, state or local government authorities or explosions or other damage to production or distribution equipment or sudden failure of the simulator's technical equipment.
6.3. A contractual party that has breached, is breaching or assumes, with regard to all known facts, that it will breach its obligation arising from the contract, as a result of an event of force majeure, is obliged to immediately inform the other contractual party of such a breach or event and to develop all possible efforts to avert such event or its consequences and to eliminate them.
7. Final Provisions
7.1. All information communicated by the parties during the performance of the contract is confidential for both parties and cannot be disclosed to a third party without the prior written consent of the other contracting party. The exceptions are the obligations of the contracting parties, determined for them by the legal order of the Czech Republic.
7.2. A contracting party that violates any obligation arising from the contract or from these PPE is obliged to compensate the other contracting party for the damage caused to it by this breach of duty.
7.3. If there is a breach of any obligation arising from the contract by any of the contracting parties and, as a result of such breach of duty, damage occurs to the other contracting party or both contracting parties, the contracting parties will use their best efforts and resources to amicably resolve the compensation for this damage.
7.4. If any dispute arises between the contracting parties in relation to the concluded contract, its application or interpretation, the contracting parties will use their best efforts and means to resolve such dispute amicably.
7.5. If the dispute arising between the contracting parties in connection with the contract cannot be resolved amicably, the dispute will be referred to a general court for resolution.
7.6. The rights and obligations of the contracting parties arising from the contract, their security, changes and termination are governed exclusively by the legal order of the Czech Republic, in particular by Act No. 89/2012 Coll., Civil Code, as amended.