8–9 October

GENERAL TERMS AND CONDITIONS

FOR THE PROVISION OF SERVICES BY EIRA S.R.O. FOR THE ORGANISATION OF PROFESSIONAL SEMINARS AND CONFERENCES AND FOR THE CONCLUSION OF DISTANCE CONTRACTS

These General Terms and Conditions (hereinafter referred to as „Terms and Conditions“) are drawn up in accordance with the provisions of Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as „Civil Code“)

Article 1 – Introductory Provisions

1. These General Terms and Conditions (hereinafter also referred to as „GTC“) regulate the contractual terms and conditions for the provision of services by the Company:

Eira s.r.o.
registered in the Commercial Register maintaned by the Regional Court in Brno, file No. C 132173
with registered office at Sadová 343, 675 71 Náměšt‘ nad Oslavou
Business ID: 179 34 265,
VAT ID: CZ 179 34 265
E-mail: valkova@eiraevents.cz
Tel: +420 724 680 914

2. These GTC form an integral part of the contracts for the provision of services (hereinafter referred to as the „Contract“) concluded between Eira s.r.o. (hereinafter referred to as the „Company“) and third parties (hereinafter referred to as the „Customer“) and together with the Contract constitute the entire agreement of the parties.
3. If the Customer provides his/her ID number and billing information in the order to apply for services for purposes related to his/her business or similar activity, he/she will not be regarded as a consumer within the contractual relationship and his/her contractual relationship with the Company will be treated as a contractual relationship between two business persons; otherwise, the Customer is deemed to be in the position of a consumer and the provisions of Act No. 634/1992 Coll., Consumer Protection Act, will apply to the relationship with the Company.
4. In the event of a conflict between the Agreement and the provisions of these GTC, the provisions of the Agreement shall prevail.

Article 2 – Services

1. The Company is the organizer of professional conferences (hereinafter referred to as the „Event“) and provides Customers with admission and a professional programme at the Event and promotional and advertising services in connection with the Event (hereinafter referred to as the „Services“).
2. The scope of Services for a given Event is set out in the description on the website and in the Contract.

Article 3 – Establishment of the Contract

1. When contracting with the Company, the Customer agrees to the use of remote means of communication when concluding the Contract.
2. According to the GTC, a Contract means a contract whose subject is to be the provision of Services by the Company to the Customer, in particular entry and participation in the Event, a contract for the provision of the Event, a contract for advertising or promotion, a contract for the provision of other services in connection with the Event or any other contract negotiated between the Company and the Customer by purchase on the website of the Event via the sales form and agreeing to these GTC, and in writing, including any amendments (adding that for these purposes written form shall also include the negotiation of a contractual relationship via e-mail or other means of electronic communication).
3. The Contract comes into existence upon the signing of the Contract between the parties, upon the confirmation of the Company’s offer of services, of which these GTC are a part, by the Customer or upon the acceptance of the Customer’s order by the Company, of which these GTC are a part.
4. Arrangements for entry and participation in the Event are in the nature of a contract for the use of leisure time if the Customer is in the position of a consumer.

Article 4 – Financial Arrangements

1. The Customer undertakes to pay the Company the price agreed in the Contract for the Services on the basis of the invoice issued no later than the due date of the invoice.
2. The Company is registered for VAT.
3. If the Contract contains a deposit payment for the price of the Services, the Customer undertakes to pay it to the Company within 10 days of the date of conclusion of the Contract. In the event of delay in payment of the deposit, the Company shall be entitled to withdraw from the Contract.
4. All payments by the Customer to the Company shall be made in CZK or in EUR and shall be made by bank wire transfer to the Company’s account indicated on the relevant tax document. All costs associated with the payment of the price of the Services and any deposits, in particular bank transfer costs, shall be borne by the Customer.

Article 5 – Supporting materials

1. In the event that the delivery of supporting materials from the Customer such as logo, presentation, etc. (hereinafter referred to as „Materials“) is necessary for the performance of the Contract, the Customer is obliged to provide the Company with such Materials in the form, scope and within the timeframe specified in the Contract. If the deadline for delivery of the Materials is not specified in the Contract, the Customer shall deliver the Materials to the Company within five (5) working days from the conclusion of the Contract. For so long as the Customer is in default on delivering the Materials, the Company shall not be in default on providing the performance for which the Materials are anticipated or necessary.
2. The Customer represents and warrants to the Company that the Materials are not, and the promotion using them will not be, in breach of the law or the infringement of the rights of third parties; the Company does not review the Materials in this respect and is not responsible for their content. In the event that any third party makes any claim against the Company in connection with the Customer’s promotion using the Materials or any governmental or local authority takes any action against the Company in connection therewith, the Customer shall indemnify the Company and take all necessary steps (including legal steps) to protect the Company from such claims and actions. Upon the Company’s request, the Customer shall provide the Company with a deposit appropriate to the nature and extent of the claims made or the subject matter of the proceedings.
3. In the event of an apparent contradiction of the Materials with the legal regulations or if the Materials do not meet the conditions or format set out in the Contract or the GTC, the Company is entitled to reject the Materials and invite the Customer to modify them. In such a case, the Customer shall be obliged to modify the Materials within three (3) working days; if the Customer breaches this obligation, the Company shall be entitled not to use the Materials in the promotion or to withdraw from the Contract; in such a case, the Customer shall be obliged to reimburse the Company for the damages incurred, including lost profits.
4. In the event that the Customer requests a change to the already submitted Materials, the Company will comply with such request if such change is technically and temporally feasible. In such case, the Customer shall, at the Company’s request, pay the Company the costs justified by such change. In the event that such change is not possible in time or technically, the Company shall be entitled to refuse to change the Materials without any claim on the part of the Customer.
5. Unless otherwise agreed in the Contract, the Company acquires ownership of the tangible media of the Materials (documentation, online media, etc.) at the moment of their receipt from the Customer and is entitled to destroy them at the end of the Promotion.

Article 6 – Recording of Events and Sending of Commercial Communications

1. The Company is entitled to take photographs and audio or visual recordings of the Event and to place them on its website as well as on its other promotional materials (printed advertisements, presentation brochures, media presentations). No compensation is due to the Customer for such use. The Company shall provide the Customer, at the Customer’s request, with photographs in digital form and audiovisual recordings if agreed by the parties in the Contract or if it is not time consuming or otherwise exacting on the Company’s part. For such provision, the Company shall be entitled to claim reimbursement of costs (remuneration) from the Customer, unless otherwise specified in the Contract.
2. The Customer acknowledges that the email address provided by him/her at the conclusion or performance of the Contract may be used by the Company to send commercial communications containing information about news, events or to offer the Company’s services in accordance with the law.
3. The Customer is entitled, if he/she does not wish to receive further electronic commercial communications, to unsubscribe at any time free of charge.

Article 7 – Modification and Termination of the Contract

1. Extensions or changes to the Services beyond the scope of the Contract requested by the Customer shall only become effective upon written approval by the Company, which may also be made in the form of a message sent via electronic communications.
2. In cases beyond the Company’s control (unforeseeable circumstances, etc.), the Company shall be entitled to propose to the Customer to amend the Contract without undue delay after becoming aware of such circumstances. In the event that the Customer does not agree in writing to the proposed amendment to the Contract within the time limit set by the Company, either party shall be entitled to withdraw from the Contract. In such event, the Company shall promptly refund paid deposit to the Customer and the Customer shall not be entitled to any further refund.

Article 8 – Liability

1. The Customer is obliged to notify the Company of any defects in the performance provided by the Company during the course of the Service so that they can be rectified by the Company during the course of the Service or so that the damage incurred can be mitigated or prevented. However, at the latest, the Customer shall be entitled to claim the defect within two (2) working days of the completion of the Service, provided that in the case of a claiming the defect after the completion of the Service, consideration shall be given to whether the claiming during the course of the Service would have mitigated the effects of the defect or could have been completely remedied and, depending on such consideration, defect claims and claims for damages may be reduced or rejected. The Customer in the position of a consumer is entitled to claim the defect within the maximum statutory objective claim period of six months from the receipt of the object of performance.

Article 9 – Termination of the Contract and cancellation conditions for participation in Events

1. The Contract shall terminate by its due performance, by agreement of the parties or by withdrawal of either party in accordance with these GTC and/or the law.
2. The provisions of Section 1829(1) do not apply, as the performance provided to consumers under this contract is in the nature of a contract for the use of leisure time and consumer withdrawal from the contract is thus excluded in accordance with Section 1837 of the Civil Code.
3. Unless otherwise specified, the Customer is also entitled to withdraw from the Contract before the agreed date of provision of the Service (unless otherwise specified, this date means the date of the relevant Event or the first day of the Event in the case of multi-day Events). In such case, the Customer shall pay to the Company the cancellation fees set out below, depending on when the cancellation took place:

– upon withdrawal from the Contract two (2) weeks or less prior to the agreed date of provision of the Service, by paying an amount equal to 100% of the agreed price of the Service;
– upon withdrawal from the Contract more than two (2) weeks prior to the agreed date of provision of the Service, by paying an amount equal to 50% of the agreed price of the Service;
– upon withdrawal from the Contract more than four (4) weeks prior to the agreed date of provision of the Service, by paying an amount equal to 10% of the agreed price of the Service.

4. The Customer is obliged to pay the cancellation fee together with the withdrawal from the contract.
5. The Company is entitled to unilaterally set-off the cancellation fee against the price paid or its deposit. After accomplishing the set-off, the Company shall refund the Customer the overpayment within 15 working days from the date on which it became aware of the withdrawal.

Article 10 – Duty of confidentiality

1. The parties agree that all information disclosed by them to each other at the conclusion and subsequent performance of the Contract shall be confidential unless the disclosing party notifies the receiving party that certain information disclosed is not confidential or the confidentiality of the information is breached by law.

Article 11 – Final Provisions

1. The Contract shall be governed by the laws of the Czech Republic.
2. Unless otherwise provided in the Contract or these GTC, the Contract may be amended or cancelled only in writing.
3. Unless otherwise agreed in a particular case and if the obligation can be fulfilled in several ways, the Company has the right to determine the method of performance.
4. The Customer is not entitled to assign its claim against the Company without the Company’s written consent. A similar prohibition applies to the set-off of receivables by unilateral act.
5. In the event of disputes arising out of or in connection with the Contract, the parties undertake to settle disputes preferentially on an amicable basis.
6. The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail: adr@coi.cz, website: adr.coi.cz, is competent for out-of-court resolution of consumer disputes (ADR) arising from a contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the Company and the Customer under the contract, if the dispute is a consumer dispute.
7. If any provision of these GTC is or becomes invalid or unenforceable in whole or in part, it shall be fully severable from the remaining provisions of these GTC and such invalidity or unenforceability shall not affect the validity and enforceability of any other provisions of these GTC. In such event, the Company shall replace such invalid or unenforceable provision with another provision that conforms as nearly as possible to the content of the original provision.

Article 12 – Validity and Effectiveness of these General Terms and Conditions

1. These GTC shall be governed by Czech law and in the event of disputes between the Company and the Customer, the courts of the Czech Republic having jurisdiction according to the Company’s registered office and subject matter jurisdiction according to the applicable law shall have jurisdiction.
2. The Contract is governed by the version of the GTC effective on the date of its conclusion.
3. The Company may change or amend the wording of these General Terms and Conditions and such changes shall be effective upon publication of the new General Terms and Conditions (amendments thereto) on the Company’s website. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the General Terms and Conditions.

These General Terms and Conditions shall take effect from 24. 4. 2024.