Terms and Conditions

The following are the General Terms and Conditions governing the legal and other relations between SKY WALKERS Czech Republic s.r.o., company ID: 27364577 with its registered office at Týnská ulička 1064/6 Prague 1, registered with the Municipal Court in Prague, Section C, Insert 108615 (hereinafter referred to as the "Provider") and the customer or user (the final recipient) of the services or

products of the said company (hereinafter also referred to as the "Customer"). Within the scope of its activities, the Provider provides in particular services related to parachuting, skydiving, tandem jumps, etc. (hereinafter also referred to as "jump" or "service"). The Provider provides its services in accordance with the directive and methodology for the performance of tandem jumps in the Czech Republic approved by the Civil Aviation Authority and in accordance with Act 49/1997 Coll., the Civil Aviation Act, as amended.

GENERAL TERMS AND CONDITIONS

1. General provisions

1.1  These General Terms and Conditions do not apply to cases where the person who intends to order the service from the Provider is a legal or natural person acting in the course of his/her business when ordering the service.

1.2 By placing an order, the customer confirms that he/she has read these General Terms and Conditions and that he/she agrees to them unconditionally and fully. These General Terms and Conditions form an integral part of the concluded contract. The contract is concluded in the Czech language, unless the parties agree otherwise. These General Terms and Conditions are located on the websites www.muj-seskok.cz, www.skyservice.cz and www.tandemovy-seskok.cz and apply to the services offered by the Provider on these websites.

1.3 Relationships not governed by these General Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., the Consumer Protection Act, as amended, and Act No. 49/1997 Coll., the Civil Aviation Act, as amended.

2.  Definition of terms

2.1. Conclusion of the contract - the customer's order is a draft contract and the contract itself is concluded at the moment of delivery of the service provider's binding acceptance of the customer's proposal/confirmation of the customer's proposal (confirmation of the order by the service provider, where confirmation means written, verbal or telephone consent); from this moment, mutual rights and obligations arise between the service provider and the customer; if the contract is concluded for the benefit of a third party, the third party becomes the beneficiary only when he consents to the contract; until the third party consents, the contract has effect only between the parties who concluded it - until then, the party who reserved the performance for the benefit of the third party has the right to perform (the same applies if the third party refuses to consent). The consent of the final recipient of the services to these General Terms and Conditions shall be understood as the consent expressed in the request for reservation of a specific date for the provision of the service.

3. Data protection and consent to further use of personality rights

3.1 The processing and protection of personal data of the Client or the recipient of these services is regulated in the Company's Personal Data Processing Policy, which is published on the website www.skyservice.cz. The client, or the recipient of the services, acknowledges that after successfully completing the jump he/she will be given a certificate with his/her name and surname.

3.2 The rules on privacy and the use of cookies are set out in a separate document of the provider, which is available on the website www.skyservice.cz.

3.3. The customer, and consequently the recipient of the service, acknowledges that his/her e-mail address and telephone contact may be used by the provider for the purpose of sending commercial communications within the meaning of Act No. 480/2004 Coll. (newsletters, service offers). The customer (and the recipient of the service) will always be able to opt out of receiving these offers from the provider. On the basis of this legitimate interest of the provider, only offers related to the services provided (tandem jump) will be sent to the customer (and service recipient). The customer (and service recipient) is entitled to object to this processing of personal data at any time, which the provider will always comply with.

3.4. The Customer, and consequently the recipient of the service, agrees to the processing of his/her e-mail address and telephone number for marketing purposes of the Provider, i.e. offering products and services, including sending information about organized events, products and other activities, as well as sending commercial communications pursuant to Act No. 480/2004 Coll., which are not related to the services provided (tandem jump), including sending offers from other entities. The Customer (and the recipient of the service) hereby expressly consents to the sending of commercial communications within the meaning of the preceding sentence. Details of the processing and protection of personal data and the rights of the Customer (and the recipient of the service) are set out in the Company's Personal Data Processing Policy, which is published on the website www.tandemovy-seskok.cz .

3.5 The customer, and consequently also the recipient of the service, agrees, in accordance with Sections 84 and 85 of Act No. 89/2012 Coll., Civil Code, to the capture of his/her person during the tandem jump for the purpose of obtaining the image material ordered from the provider.

3.6 The Customer (and the recipient of the service) further agrees that the Provider is entitled to use the visual (and related audio) material (photographs, video) according to the previous paragraph depicting his/her person for a period of 2 years from the signing of the application form for tandem jump for its own promotional, business, marketing and other similar purposes, without the prior consent of the Customer (and the recipient of the service). In particular, the provider may publish the visual (and related audio) material (photographs, video) on all its websites, on social networks ( www.facebook.com , etc.) and on other internet portals with the possibility of publishing audio and visual recordings ( www.youtube.com , etc.). This consent is voluntary and can be revoked by the customer (and the recipient of the service) at any time; this consent is not relevant for the performance of the contract. As the image recording is also personal data, the customer (and recipient of the service) acknowledges that he/she has the right to access his/her personal data, the right to rectify his/her personal data, to have it deleted, to restrict its processing and its portability, to object to the processing of personal data and to lodge a complaint against the processing of personal data with the Data Protection Authority, all under the conditions set out in Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR).

Details of the processing and protection of personal data and the rights of the customer (and the recipient of the service) are set out in the Company's Personal Data Processing Policy, which is published on the website www.tandemovy-seskok.cz .

3.7 All materials and information on the Service Provider's website are the sole intellectual property of the Service Provider or its affiliates. Such materials and information may not be used or modified in any way without the consent of the Service Provider.

3.8  The Service Provider's website may contain links to other third-party websites; the Service Provider is not responsible for the content of such websites or the services offered on them.

4.  Subject of the contract

4.1 Subject of the contractual relationship

4.1.1  The subject of the contractual relationship is the obligation of the service provider to ensure the delivery of the services ordered by the customer and the obligation of the customer to pay the agreed price for the provision of these services to the provider and to use the services under the specified conditions.

4.1.2. The Customer may order a service, vouchers for services or goods from the current offer of the service provider listed on the provider's website specified in Article 1.2 of these General Terms and Conditions. The provider's obligation to provide the service on the basis of the purchased service voucher is limited in time.

4.2.  Order

4.2.1 Orders for services, service vouchers or goods can be made via the service provider's website - online booking system , or by email.

If it is not a purchase of a voucher for services, the Customer is entitled to a reservation of a specific date of service upon payment of a reservation fee of 1000 CZK (40 EUR), which is paid after confirmation of the order by the Provider. In such cases, the Customer is obliged to pay the full amount of the ordered service in the event of boarding the aircraft for the purpose of jumping, regardless of whether or not the Customer decides to jump.

4.2.2. The Order represents the Customer's proposal to conclude a contract, the subject of which will be the provision of the service specified in the Order, under the terms and conditions specified therein and in these General Terms and Conditions.

4.2.3. Billing address means the address of the customer, i.e. the person who will pay for the ordered service, voucher or goods.

4.2.4. Delivery address means the customer's email address.

4.3. Vouchers and goods

4.3.1. The Service Provider shall deliver the vouchers to the Customer or to the third party for whose benefit the contract is concluded at the address indicated by the Customer in the order form by email address.

5.  Price and payment terms

5.1  Price of the services provided

5.1.1.  The price and description of the services offered is always included in the offer and on the website of the service provider specified in Article 1.2 of these General Terms and Conditions. The price of the service according to the specific concluded contract is always specified in the service order and is always inclusive of the relevant VAT rate applicable in the Czech Republic.

5.1.2.  The price of the Services may be paid by the Customer by bank transfer, in cash, or through the services of an electronic payment system, in the manner chosen by the Customer from the options offered by the Provider. By agreeing to these General Terms and Conditions, the Customer also agrees to the terms and conditions of the payment system he/she has chosen for his/her payment.

5.1.2.1. In the case of payment by bank transfer, the payment with the correct variable symbol must be credited in full to the Provider's account on the date of the service. Otherwise, the provider may require payment for the service performed on the spot.

5.1.2.2. When paying in cash, payment may be made in Czech crowns or in euros according to the valid price list or the exchange rate set by the provider.

5.1.2.3 The Customer is entitled to use the Service by means of an electronic voucher for the Service, which is sent free of charge by the Provider to the email address specified by the Customer.

5.3.  Discounts

5.3.1.  Service discounts cannot be combined and/or stacked with other discounts offered by the Provider.

5.4  Fulfillment of ordered services/validity of the voucher

5.4.1 The period of time for which the Service Provider's obligation to deliver the Service is specified on the Voucher and, in the case of ordering and providing a particular Experience, commences on the date of the conclusion of the Contract (i.e. confirmation of the order by the Service Provider to the Customer). The specification of the voucher validity by date of purchase is as follows:

-   purchase in January to April - voucher valid until the end of April of the following year

-   purchase in May to October - voucher valid for one year from the date of contract

-   purchase in November to December - voucher valid until the end of October of the following year

5.4.2.  For purchases of vouchers at special prices, the validity according to point 5.4.1 does not apply.

5.4.3.  The Customer expressly accepts that the service must be booked (booked for an appointment) at least 30 days before the voucher expires. The selected jump date must not exceed the voucher validity date. In the event that the service is booked (date booked) less than 30 days before the expiry of the voucher, the conditions set out in the following clause 5.4.4 of these General Terms and Conditions shall apply.

5.4.4.  After the expiration of the voucher issued by the provider, the voucher may be extended for a maximum of 1 calendar year. In this case, the recipient is obliged to pay a fee for the extension of the voucher validity of CZK 1,000.

5.5.  Reservations

5.5.1.  The reservation of a date for the use of a specific service must be agreed with the service provider well in advance (30 days in advance). The provider has the right to refuse the reservation if the requested date is fully booked. The dates on which the service can be provided are published in advance on the service provider's website.

5.5.2.  Reservations are made in the online system accessible from the provider's website or by e-mail.

When booking a date by e-mail, the reservation is considered confirmed only if it is confirmed by return e-mail.

5.5.3.  The Customer is entitled to cancel the service reservation at least 48 hours before the agreed/reserved service date. In this case, he/she is entitled to book a new service date in accordance with the rules set out in these General Terms and Conditions.

5.5.4.  If the reservation is not made in accordance with these General Terms and Conditions, the reservation is cancelled later than within the specified period according to Article 5.5.3. of these General Terms and Conditions or the customer does not appear at all for the performance of the

service on the booked date), the customer loses the right to redeem the voucher for the provision of the service, i.e. his entitlement to the service expires,

5.5.5. If, however, the reservation is cancelled by the provider due to force majeure (especially weather, if it affects the provision of the service, etc.), the customer is entitled to arrange a new date within the validity of the voucher, or if the date is not possible within the validity of the certificate, the next possible date, but is not entitled to compensation for damages incurred in connection with the cancellation of the reservation (cost of travel, etc.) or to withdraw from the contract.

In the event of cancellation of a booked service date by the provider offered as "last minute" (at a discounted price), the customer is entitled only to a full refund of the service or deposit paid by him/her, not to a reservation of a new service date.

5.5.6.     The Customer expressly understands that due to the nature of the services, the provision of which is fully dependent on the current weather conditions, the booked dates may be cancelled by the Provider at any time, especially with regard to the Provider's obligation to prevent risks associated with the provision of its services and the need to comply with the safety rules of air traffic (see Act No. 49/1997 Coll., on Civil Aviation, as amended). In such cases where booked dates are cancelled due to force majeure, the provisions of the previous article of these General Terms and Conditions shall apply.

5.5.7 Due to the above mentioned facts and the fact that each individual service provided by the Provider is unique, the Customer acknowledges that the accompanying services provided by the Provider are also directly dependent on the current weather conditions or extraordinary instructions set by the Czech Air Traffic Control, therefore the proper performance of accompanying services (capturing of video recordings, etc.) cannot be guaranteed by the Provider. The above also applies to the main services themselves (especially the duration of the free fall and the altitude from which the jump is made). In such cases of force majeure, the customer is not entitled to a refund, but is entitled to a discount according to the rules below.

5.5.8.  The Provider offers, as part of the accompanying services to the tandem jump, the capture of video recordings in the form of video recording of the jump from the main camera, from the secondary camera and in the form of capturing photographs from the jump. These accompanying services can be combined and the customer chooses the combination of these services when ordering the service. The customer understands that for technical and other reasons, the equipment used to capture the accompanying services may fail. The customer expressly agrees that in cases where, for whatever reason, there is poor or no video or other image recording, he/she is not entitled to a repeat of the entire jump, but is entitled to a discount on the price of the accompanying services. In cases where for any reason the jump is not recorded from the main camera, the customer is entitled to a discount of CZK 1.100,- from the accompanying services, in cases where for any reason no photos of the jump are taken, the customer is entitled to a discount of CZK 1.100,- from the accompanying services and in cases where for any reason the jump is not recorded from the secondary camera, the customer is entitled to a discount of CZK 500,- from the accompanying services. The customer understands that the service provider keeps the data (records) from the escort services for a maximum of one year after the jump. The customer is not entitled to a discount in cases where the recording of the accompanying services is of poor quality only partially, due to meteorological reasons (clouds, etc.). The customer agrees that the provider will provide him with a link to the repository of the image material he has ordered from the provider, including the unique password on the certificate that will be given to him after the successful completion of the jump, via the provider's online repository www.box.com  or www.boxcn.net .

5.5.9.     The Customer expressly understands that the actual height of the jump may differ from the height advertised in the Provider's offer, especially for meteorological reasons. In connection with the height limitation of the jump, the jump time may also be different. In such cases, the customer is not entitled to a refund or a discount on the price of the service, which is understood.

6. Rights and Obligations of the Parties

6.1 The customer is obliged to assess for himself whether he is medically and physically fit to safely complete the selected service. Information about any restrictions that may apply to certain activities offered (e.g. age, health and physical fitness, or requirement for a medical examination) is provided in the provider's offer for each such service. The customer uses the selected service entirely at his/her own risk. The Provider may refuse to provide the service if it suspects that the Customer is under the influence of alcohol or other intoxicating substance.

6.2. Especially for safety reasons, the customer is not allowed to carry or have on his/her person any electronic device or any other objects (especially mobile devices, cameras, cameras, chains, earrings, rings, watches, bracelets, etc.) during the service (part of the tandem jump). - In the event that the customer or the recipient of the service violates the above prohibition, the service provider shall not be liable for any damage caused to valuables, nor shall it be liable for any damage or injury to the customer's health caused by such valuables.

6.3 The Customer is obliged to complete the service (the part consisting in the tandem jump itself) without dioptric, sunglasses or other glasses, i.e., if necessary, with the use of contact lenses. In the event that the customer insists on using any glasses of his/her own, the service provider shall not be liable for any damage or injury caused to the customer's health by these glasses or by these glasses.

6.4 The Customer is obliged to arrive at the place of service provision at the agreed date and time. In the event that the customer fails to arrive at the place of the jump at the agreed time, for whatever reason, he/she is not entitled to an alternative date and the right to the provision of the service is thereby exhausted.

6.5 The Customer is obliged to appear at the place of service provision with the relevant voucher. Without presenting the voucher, the customer will not be allowed to attend the service and will not be entitled to an alternative date.

6.6 The minimum age for the possibility of performing any service provided by the Provider is 8 years of age and 130 cm in height and 40 kg in weight. Prior to the provision of services, a youth between

the ages of 8 and 18 must have the responsible person provide written consent from his/her legal guardian, specifically stating that the legal guardian agrees that the named youth may receive the service. The maximum weight limit for the provision of the service is 120 kg. Above 95 kg, fees are charged according to the current price list: https://www.tandemovy-seskok.cz/cs/content/7-cenik- seskoku

6.7  The Service Provider undertakes to provide a responsible person at the place of service provision who will train the Customer and acquaint him/her with all the obligations and conditions he/she must follow during the service.

6.8  The Customer is liable for damages caused to the Service Provider due to a violation of the instructions of the responsible person, which were communicated to the Customer prior to the provision of the service or by means of a voucher and/or cover letter.

7.   Withdrawal from the contractual relationship - cancellation

7.1  The Service Provider is entitled to withdraw from the contract in the following cases:

7.1.1. In the event of cancellation of the provision of the requested service by subcontractors. In this case, the recipient of the service is entitled to a full refund of the price paid.

7.2  The Customer has the right to withdraw from the contract in the following cases:

7.2.1. The customer who is a consumer has the right to withdraw from the contract within 14 calendar days of the conclusion of the contract, if the contract was concluded by means of distance communication (internet, e-mail, telephone, online system), without giving any reason and without any penalty. The Provider shall allow the Customer to withdraw from the Contract by duly completing and sending the sample withdrawal FORM and sending it to the email info@skyservice.cz.

7.2.3. The Provider shall return any performance paid by the Customer. The primary payment method used for the refund will be the same as the payment method used by the Customer. Alternatively, the refund may be made to the Customer's EU bank account provided by the Customer to the Provider for this purpose.

7.3.1. The customer has the right to withdraw from the contract without giving any reason even after the expiry of the statutory period of 14 days, until the time of booking the service, provided that the customer pays the provider a handling fee of CZK 1000. The customer expressly agrees that the handling fee will be set off in full against his claim for a refund of the money paid for the service. This provision applies only to valid vouchers.

7.3.2. In the event that the customer orders the service less than 15 days before the planned/reserved date of service provision, he/she shall expressly request the provider to commence performance within the period within which he/she has the option to withdraw from the contract in accordance with clause 7.3.1. of these General Terms and Conditions.

8. Claims

8.1  The Service Provider is obliged to ensure the provision of services to the Customer in accordance with the concluded contract, i.e. these General Terms and Conditions and generally binding legal

regulations.

8.2   If the service provider fails to fulfil its obligations under the contract properly and in a timely manner, the customer is entitled to report/complain to the service provider without undue delay, but no later than 7 calendar days after the end of the service provision. In the event that the service has not been provided at all, the customer is entitled to notify/complain to the provider of the defects in the service provided without undue delay, but at the latest within 3 calendar months from the date on which the service should have been provided (when the service should have started).

8.3   The Customer is obliged to submit a claim in writing (whereby for the purposes of contracts concluded between the Service Provider and the recipients of services, written form includes email form) and is obliged to include the voucher number (if issued) and describe the defects in the service provided.

8.4  The Service Provider shall settle the complaint without undue delay, but no later than within 1 month from the date of its proper application. In case of rejection of the complaint, the Service Provider shall issue a written justification to the Customer (whereby for the purposes of the complaint procedure, written form shall also mean email form).

8.5  If the recipient of the services duly submits a legitimate claim, he/she has the right to have the defects in the service provided rectified and, if this is not possible, he/she has the right to a reasonable discount on the price or to withdraw from the contract. If the conditions for withdrawal from the contract are met for reasons on the part of the service provider, the recipient of the service shall be entitled to a refund of the price paid for the service.

8.6 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes arising from consumer contracts.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

9.  Final Provisions

9.1  The Provider is entitled to unilaterally change these General Terms and Conditions at any time. If any provision of these General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

9.2  Relationships and any disputes arising from the contract concluded under these General Terms and Conditions are subject to Czech law and will be resolved according to the legal system of the Czech Republic and will be decided by the competent courts.

9.3  These General Terms and Conditions are valid from 1 August 2024.

CZ Protocol of withdrawal from the contract within 14 days CZ