Terms of Contract

Terms of Contract

forindividual music lessons

Music Academy Prague s.r.o.

ID-No.: 05902436

Registered office:VJirchářích 148/4, NovéMěsto, 110 00 Prague 1

Registered with the Commercial Register kept by the Municipal Court in Prague,
file numberC272708

I.

RECITALS

1.1These terms and conditions of individual music lessons (hereinafter the "Terms") within the school of music operated by the companyMusic Academy Prague s.r.o., ID-No.: 05902436, having its registered office atV Jirchářích 148/4, NovéMěsto, 110 00 Prague 1, registered with the Commercial Register kept by the Municipal Court in Prague, file number C272708 (hereinafter the"Company"or the"School"), govern pursuant to section 1751 (1) of Act No. 89/2012 Coll., Civil Code (hereinafter the "Civil Code" or "NCC" ) mutual rights and obligations of the Parties arising in connection with or under a contract for individual music lessons(hereinafter the"Contract")entered into by the Company and another natural person (hereinafter the "Client") via a web registration and booking form which is available within the web interface of the Company located at: (hereinafter the "Company's Web Interface" or the "School's Web Interface").

1.2These Terms are accessible to everyone within the Company's Web Interface.

1.3Provisions diverging from theseTerms can be agreed by the Parties individually.Such divergent arrangements shall supersede the provisions of these Terms.

1.4The provisions of the Terms form an integral part of the Contract. The Contract may be entered into only in Czech or English.

1.5The Company may modify or amend the Contract. However, with respect to a particular Contract, the wording of the Terms effective as of the day of entering into the respective Contract shall apply.

II.

ENTERING INTO CONTRACT

2.1The Client may register and book the selected music lesson directly from the School's Web Interface (hereinafter the "Order"). On the web interface the Client will choose a particular class which is defined by the time range of lesson, kind of musical lesson (specific musical instrument, singing and/or music theory), the teacher/lecturer and time of conducting the lesson/lessons) and it will also choose the date of the first lesson (in case of ordering of more music lessons). Furthermore, the Client will fill in the personal data requested by the form, namely: name, date of birth, nationality, name of the Client's representative if the Client is a minor, mailing address, telephone number and e-mail.

2.2In the Order, the Client is obliged to indicate all required data correctly and truthfully. These data indicated by the Client are considered to be true and correct by the Company and the Company is not obliged to examine their accuracy or compliance with the up-to-date statusin any way and is not liable for any possiblecomplicationsdue to incorrect or outdated information provided by the Client.

2.3The Contract is entered into at the moment of delivery of the confirmation by the School at the Client's e-mail address given by the Client.

2.4By entering into the Contractthe School agrees to provide the Client with individual music lessons in the defined scope and quality of the particular class which is indicated in the Order. By entering into the Contract the Client assumes the obligation to pay the School the remuneration for individual music lessons which was agreed pursuant to Article III.of these Terms.

2.5The contents of the Contract are defined by the Order and these Terms.

2.6When entering into the Contract for individual music lessons, the Client agrees to use remote communication means. The costs incurred by the Client by using the remote communication means in connection with entering into the Contract will be borne by the Client.

2.7By entering into the Contract the Client explicitly confirms that it is aware of the fact that these Terms form an integral part of the Contract and that it became familiarized therewith in detail. The Client was adequately notified of these Terms before entering into the Contract and had the opportunity tofamiliarize with these Terms to the whole extent.

III.

REMUNERATION FOR INDIVIDUAL MUSIC LESSONS

3.1The remuneration for individual music lessons is based on the Client's Order in accordance with the price lists of classes and lessons available on the School's Web Interface: (hereinafter the "Price List").

3.2Unless the Parties agree otherwise, the School will issue an invoice (tax document) for the Clientthe maturity of which will be no less than 14 days. This invoice will be sent to the Client by e-mail to the address specified in the Order. The entire remuneration amount will be paid to the School before the first individual music lesson.

3.3In case the Client is in default in payment of remuneration or any part of it the Company is entitled to require from the Client a contractual penalty amounting to 0.05% of the outstanding amount of remuneration for each day (or part thereof) of default.

3.4The Client is obliged to pay the remuneration also for individual music lessons which did not take place for reasons on the part of the Client. This does not apply for cases provided for in Article 4.4 of these Terms.

IV.

INDIVIDUAL MUSIC LESSONS

4.1One lesson within the particular class lasts 30 or 60 minutes (depending on the class which was chosen). There are no breaks during the lesson.

4.2In the Order, the Client will specify the days and hours of the lesson/regular lessons whereas later the time of lessons may be flexibly adjusted upon individual agreement with the teacher/lecturer.This also applies to possible making up a lesson or moving the time thereof, etc.

4.3Unless expressly stated and agreed between the Parties otherwise, all individual music lessons will take place in the premises of the Music Academy Prague, Jungmannova 22/9 Prague 1. The Parties may agree that the lessons will take place in other premises or at the home address of the Client.

4.4The Client has the opportunity to apologize for not attending the lesson for a serious reason no later than 48 hours before the set start of the lesson, either on the telephone number: +420 733 575 766 or by e-mail sent to the e-mail address: . An apology in the form of SMS is not possible and it is not deemed to be a proper apology in accordance with this Article.

4.5In case of the Client's apology in accordance with Article 4.4, the School will provide a replacement lesson at the time set by the School and after the teacher/lecturer and the Client agreed on it.The Client will not make any additional payment for a replacement lesson provided in this way.

4.6In the event that the School is unable, for serious reasons, to provide the individual music lesson set by the Client's Order the School shall notify the Client without undue delay by telephone at the telephone number of the Client and by e-mail at the Client's e-mail address specified in the Order. In such case the School is obliged to provide a replacementlesson at the time to be determined by agreement with the Client. If, in such case, the School does not provide the Client a replacement lesson no later than within one (1) month after the individual music lesson should have taken place the School is obliged to return the Client the proportional part of remuneration for thelesson which did not take place.

4.7If the School sticks to the procedure pursuant to Article 4.6, the Client will have no right to compensation for any costs incurred in connection with individual music lesson which did not take place. This also applies to cases where the School does not reach the Client on the Client's telephone number or the e-mail sent by the School to the Client's e-mail address is not delivered to the Client for reasons on the Client's side.

4.8In case of taking the opportunity to make an individual agreement between the Client and the teacher/lecturer regarding the replacement lesson or moving the time of the lesson pursuant to Article 4.2 the provisions of the Articles 4.4– 4.7 will not apply.

V.

WITHDRAWAL FROM CONTRACT

5.1The provisions of this Article shall apply exclusively to a Client that is a consumer.

5.2The Client is in accordance with sections 1829 (1) and (2) of the Civil Code entitled to withdraw from the Contract without giving any reason within fourteen (14) days from the date of entering into theContract. The withdrawal must be sent to the Company within the period of time mentioned in the previous sentence.The Client may send the notice of withdrawal to the address of the registered office of the Company or in electronic form to the Company's e-mail address: . For the purpose of withdrawal the Client may use the model form provided by the Company which is attached to these Terms as Annex 1 and which may be sent in paper form to the address of the registered office of the Company or to the Company's e-mail address: ; however, it is not the duty of the Client to use the model form.

5.3In case of withdrawal pursuant to Article 5.2 of these Terms, the Contract is cancelled from the beginning.

5.4If the Client withdraws from the Contract and, before expiry of the period of withdrawal, the individual music lessons have already started upon the Client's request,the Client will pay the School the proportional part of the agreed remuneration for lessons which took place before the time of withdrawal. In the event that, before expiry of the period of withdrawal, all ordered individual music lessons took place upon the Client's request the Client is not entitled to withdraw from the Contract.

5.5In case of withdrawal pursuant to Article5.2of these Terms the Company will return the remuneration or a proportional part of it (depending on the number of lessons that have already taken place) to the Client no later than within fourteen (14) days from the day on which the notice of withdrawal made by the Client arrived at the Company; the payments will be returned in the same way as they were accepted from the Client or in another way, provided that the Client agrees to it and does not incur any further costs.

VI.

RIGHTS FROM DEFECTIVE PERFORMANCE

6.1Rights and obligations regarding defective performance are governed by the relevant generally binding legislation (in particular by sections 1914–1925 and, appropriately, with respect to the nature of the services provided, also by sections 2615–2618 of the Civil Code). The Company is responsible to see that individual music lessons (hereinafter the "Service") will be provided to the Client in compliance with the Contract.

6.2The Company does not guarantee the results of individual music lessons to the Client.

6.3Notice of non-compliance of the provided services with the Contract, if any, (i.e. notification of a defect of the service) must be in writing and must be delivered to the registered office of the Company. The Client has also the option to send a notification e-mail to: . The notification must include at least: the name and surname of the Client, address, telephone or e-mail contacts to accelerate communication between the Parties, identification of the Order /of the ordered service, detailed description of the defect discovered by the Client, and a proposal to resolve the matter. The Company is obliged to confirm the receipt of such notice to the Client immediately or without undue delay after its receipt.

6.4The Client must object non-compliance of the provided service with the Contract, if any, without undue delay after discovery thereof, in any case no later than 3 days after the individual music lesson was provided to which the objection relates.If this period of time elapses to no avail the possible notifications of the Client concerning the form or structuring of the lesson cannot be taken into account.

6.5The rights and obligations of the Parties are governed, in particular, by section 19 of Act no. 634/1992 Coll., Onconsumer protection. Client's notification issue pursuant toArticle 6.3 shall be resolved by the Company without undue delay, in any case no later than within 30 days after its receipt, unless the Company agrees with the Client on a longer period. The Company is obliged to inform the Client on the method of resolving the notification issue in writing.

VII.

FURTHER RIGHTS AND DUTIES OF THE PARTIES

7.1In relation to the Client, the Company is not bound by any codes of conduct within the meaning of section 1826 of the Civil Code

7.2In cases where, pursuant to section 1829 (1) of the Civil Code, the Client has the right to withdraw from the Contract, the Company is also anytime entitled to withdraw from the Contractuntil holding the first lesson within the ordered course. In such case the School shall return the Client the remuneration for individual music lessons or part thereof which has already been paid by the Client, without undue delay, by bank transfer to the account specified by the Client or in another way agreed between the Parties.

7.3Out-of-court settlement of the complaints of the consumers will be handled by the Company by means of the e-mail address . Information on the settlement of the Client's complaint shall be sent by the Company to the Client's e-mail address.

7.4The competent body to settle consumer disputes out-of-court isthe Czech Trade Inspection (Českáobchodníinspekce), having its registered office atŠtěpánská 567/15, 120 00 Prague 2, ID-No.: 000 20 869, internetaddress: The platform for dispute resolution online whichis located at the internet address: can be used to resolve disputes under the Contract between the Company and the Client.

7.5The European Consumer Center Czech Republic, having its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: is the liaison office according to the 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 the Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution/ODR).

VIII.Protection of personal data and sending of commercial messages

8.1Protection of personal data of the Client who is a natural person is governed by Act no. 101/2000 Coll., On Personal Data Protection, as amended. Supervision of protection of personal data is carried out by the Office for Personal Data Protection.

8.2By sending the order (booking) and accepting the option of giving its consent the Client agrees that the Company as the administrator may include all personal data specified in the Order, as well as other data provided by the Client to the Company in the course of business operations, to the Company's database, and to process such personal data even through a third party as the processor, in accordance with Act no. 101/2000 Coll.

8.3The Client agrees that the data provided in this way may be included to the Company's database and subsequently processed for the purpose of exercising of rights and obligations under the Contract and for recording purposes, possible correspondence and documentation of the proper course of communication.If the Client does not choose another option, it is deemed to have given its consent to processing its personal data by the Company also for marketing purposes of the Company, i.e. offering services, including sending information about events, products and other activities as well as sending commercial messages by electronic means pursuant to Act no. 480/2004 Coll.;in this case the Client is deemed to have given its consent for the period until withdrawal thereof whereas further data may be added with the Client's consent. The consent to processing personal data to the entire extentpursuant to this article is not a precondition which would, as such, make impossible to enter into the Contract.

8.4The consent is granted for an indefinite period of time and the Client is entitled to withdraw its consent anytime without any restrictions by written notice delivered to the Company at the address of the registered officeof the Company indicated in the Commercial Register.

8.5The Client acknowledges that its personal data will be processed electronically in an automated manner or in printed form non-automated manner.

8.6The Client acknowledges that theprovided personal data are accurate and that it was advised that these are voluntarily provided personal data.

8.7The Client is aware of its rights arising from section 11 and section 21 of Act no. 101/2000 Coll., i.e. it has the right to access to its personal data and to correct it; furthermore, in particular in the event that the Client discovers or suspects that the Company processes its personal data in a way that is inconsistent with the protection of private and personal life of the purchaser or in contradiction with the law, in particular if the personal data are inaccurate with respect to the purpose of its processing, the Client may ask the Company for explanation or require the Company to remove the condition which has arisen in this way and to block, correct,add or destroy the Client's personal data. The requirement to block, correct, add or destroy the personal data becomes effective upon delivery. If this request is found justified, the Company shall remove the defective condition immediately. If the Company fails to meet this request the Client has the right to contact the Office for Personal Data Protection. The Client may also contact the Office for Personal Data Protection directly, on its own initiative. Furthermore, if the Client believes that there is an unauthorized processing of its personal data, in particular if it is not satisfied with the solutionof its request by the Company it has also the right to contact the Office for Personal Data Protection.