General business terms and conditions

Preamble

The operator of Riccardo Lucque Cooking School “Laboratorio, Scuola di Cucina“ (hereinafter referred to as “Laboratorio”) is a commercial company, Cooking Time s.r.o., Company Identification No.: 24793272, with the registered office: Kubelíkova 1189/29, Praha 3 130 00, incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, Insert 174723 (hereinafter referred to as the “Operator”). The general contractual terms and conditions (hereinafter referred to as “GCTC”) apply to all the courses, events and individual services provided by Laboratorio. These GCTC are valid and effective as of 1 September 2018.

Article I – Participants of a contractual relationship

The participants of a contractual relationship are:

Operator
Client who may be a natural as well as legal person (hereinafter referred to as the “Client”).

Article II – Subject of a contractual relationship

The Operator undertakes to ensure a course, event or individual service in accordance with the Client ́s confirmed order and to enable the Client to participate in such a course, event or individual service.
The Client undertakes to pay the Operator the price for the participation in a course, event or for acceptance of an individual service.

Article III – Establishment of a contractual relationship

Contractual relationship is established when the Client ́s order is confirmed by the Operator.
The order shall contain the Operator ́s and the Client ́s identification data (name, surname, birth certificate No., residence, eventually commercial company, registered office and identification No. in case of legal persons, contact phone number, contact email address), number of persons who shall participate in a course, event or who shall accept the Operator ́s individual service, identification of a course, event or individual service in accordance with the Operator ́s offer, date of a course, event or date of providing an individual service, place of a course in case it does not take place in the premises of Laboratorio, amount of price for participation in a course, event, or acceptance of an individual service for one person in accordance with the Operator ́s offer, amount of price for participation in a course, event, or acceptance of an individual service for all the involved persons in accordance with the Client ́s order.
The order may be placed in writing or electronically by means of the website www. laboratorio.cz.
The Operator undertakes to confirm or refuse the received order within a period of three working days after its receipt.

Article IV – Courses, events, individual services

The Operator organizes courses, events or individual services specified in the Laboratorio offer on the website www.laboratorio.cz or in written materials issued by the Operator, unless agreed otherwise by the Parties.
Courses, events or individual services are provided in the premises of Laboratorio, located at the address Praha 1, Krocínova 333/3, unless agreed otherwise by the Parties.
Unless provided otherwise in the Operator ́s offer, the courses are organized according to the schedule published at www.laboratorio.cz. A representative of Laboratorio shall attend a course during its entire duration, in accordance with the Operator ́s offer.
The participants of a course, event, or persons entrusted with acceptance of an individually provided service, are obliged to come to the place of a course, event or provision of an individual service five minutes before its commencement at the latest. In case the participant comes late, the Operator reserves a right to refuse his/her entry. In such case the Client is not entitled to any refund or discount from the price for participation in a course, event or provision of an individual service.
The number of participants in a course, event or provision of an individual service is max. sixteen persons, unless agreed otherwise by the Parties.

Article V – Price and payment terms

The Client undertakes to pay the Operator the price for participation in a course, event, or for provision of an individual service in the amount stipulated based on the Client ́s order in accordance with the Operator ́s offer. The price for participation in a course, event, or for provision of an individual service includes consumption within the scope specified in the Operator ́ s offer, unless provided otherwise.
The price for participation in a course, event, or provision of an individual service is due within 3 days after the Operator confirms the Client ́s order, however latest within 20 days before a course, event, or provision of an individual service, unless agreed otherwise by the Parties.
The Client undertakes to pay the price for participation in a course, event, or provision of an individual service by means of wire transfer to the Operator ́s account (account and payment details shall be sent by the Operator electronically in the issued tax document – invoice), or online with a payment card by means of a secured system, or in cash in the premises of Laboratorio, eventually in restaurants Aromi, La Finestra, and in La Bottega bistros. In case of a wire transfer the price for participation in a course, event, or for provision of an individual service shall be considered as paid when the amount is credited to the Operator ́s bank account.
If the price for participation in a course, event, or for provision of an individual service is not paid to the Operator in a timely and proper manner (latest 10 days before a course takes place), the Operator is entitled to refuse the participant ́s entry to the venue.
In such case the Client is entitled to refund of the paid price for participation in a course, event, or provision of an individual service, unless agreed otherwise by the Parties.

Article VI – Rights and obligations of the Parties

The participants of a course, event, or persons entrusted with acceptance of an individual service, are entitled to enter all the premises of Laboratorio designated for the performance.
During a course, event, or provision of an individual service, the participants are not entitled to leave the premises designated for the performance without the Laboratorio representative ́s awareness.
The participants of a course, event, or persons entrusted with acceptance of an individual service, are obliged to follow the Laboratorio representative ́s instructions during a course, event, or provision of an individual service.
At the beginning of a course, event, or provision of an individual service, the Laboratorio representative is obliged to instruct briefly the participants on the basic safety rules when working with devices and tools used during the performance. All the participants are obliged to observe the occupational health and safety rules in accordance with the applicable legislation. When manipulating with the devices and tools, the participants are also obliged to care especially for health and safety of all other participants.
The Operator, respectively the Laboratorio representative, is entitled to exclude from participation in a course, event, or provision of an individual service such participants who repeatedly or seriously breach the occupational health and safety rules, instructions of the Laboratorio lector, good manners, or limit other participants in their participation in a course, event, or acceptance of a service. In such case the Client is not entitled to any refund or discount from the price for participation in a course, event, or provision of an individual service.
The participants of a course, event, or persons entrusted with acceptance of an individual service, are obliged to inform eventually the Laboratorio representative before the commencement of food allergies or other diseases they suffer from and which shall be taken into account.
The Client undertakes latest within twenty-four hours before the commencement of a course, event, or provision of an individual service to identify the participants who shall participate based on the Client ́s placed order in accordance with these GCTC, by specifying their name, surname, birth certificate No., residence and contact phone No.
The Client undertakes to ensure respecting of the rights and obligations arising from these GCTC also by its delegated participants.
If a reference to the participants of a course, event, or persons entrusted with acceptance of an individual service, is mentioned therein, it shall include also the Client.

Article VII – Cancellation and change of a course, event or individual service

The Operator reserves a right to cancel a course or event or postpone it to a replacement date in the following cases:
Course, event or individual service would not be attended by the minimum number of participants, i.e. at least by six persons;
The Laboratorio representative is not able to ensure the course conducting due to his/ her incapacity to work or another serious obstacle to work;
Another serious obstacle that may be only hardly overcome (e.g. breakdown in the Laboratorio premises, lack of special raw materials for a course, etc.) hinders from a course, event, or provision of an individual service.
In case a course is cancelled, the Client is entitled to arrange a new date or the entire price for a course shall be refunded to the Client.

By the Client:
In case the Client or its participants may not participate by any reason, the Client undertakes to notify the Operator in writing without undue delay (via mail, by letter).
It is possible to cancel a course, event or individual service (withdraw from a contract) within ten working days before the agreed date. In such case the paid price for a course, cancelled by the Client, may be refunded to the Client ́s required bank account within seven days after sending the written withdrawal from a contract. The refunded amount shall be decreased by a handling fee of CZK 500 per booked place. Otherwise, the Client may choose another date or course at his/her sole discretion and apply the full paid amount. In case it is a gift voucher, only a person who ordered and paid the voucher may ask for its refund.
If the Client cancels/changes its participation in a course, event or individually provided service within a period between the 10th and 5th day before the commencement, the amount corresponding to 40 % of the paid price shall be refunded to the Client. However, the amount may be used also for another course.
In case the course date is cancelled/changed between the 5th and 3rd day before a course, event or service, it shall be considered as realized without any claim on compensation. However, the Client may send a substitute in such case

Article VIII – Damage liability

The participants of a course, event, or persons entrusted with provision of an individual service, are obliged to ask the Laboratorio representative before the commencement for storage of items brought to the premises if the value of such items exceeds CZK 3,000, whereas the items shall be stored at a special place determined for storage of valuable items. In case this obligation is not met, the Operator is not liable for any damage caused to the brought items. The provisions of Section 433 of the Civil Code shall not be affected thereby.
The Client is liable for damage caused to the Operator by the Client or by the course participants.

Article IX – Warranty claim

In case a course, event, or provision of an individual service does not proceed according to the contractual terms and conditions, the Client is entitled to claim the defects.
The warranty claim shall be lodged in writing at the Operator latest within five working days after a course, event, or provision of an individual service, otherwise the Operator ́s liability for defects shall expire. It is necessary to specify in the written warranty claim its reason and describe the nature of defects.
The Client ́s warranty claim shall be settled by the Operator within forty days after its lodgment.
If the Operator recognizes the Client ́s warranty claim as reasonable, the Operator shall ensure its remedy at its own expense. The Operator is entitled to ensure the remedy by providing a discount or by refunding a part of the price, by enabling a free participation in another course, event, or provision of an individual service. The Operator is entitled to choose the claim within the warranty claim.

Article X – Personal data protection

By placing an order in accordance with these GCTC, the Client expresses a consent to the Operator to process and collect the Client ́s personal data within the following scope: name, surname, residence, email address, another contact address announced by the Client, in accordance with Section 5 (2) et seq. of the Act No. 101/2000 Coll., on Personal Data Protection, as amended.
The Operator is entitled to process and collect the Client ́s provided personal data for purpose of offering trades and services provided or mediated by the Operator. Furthermore, the Operator is entitled to process and collect the email address details also to send commercial messages pursuant to the Act No. 480/2004 Coll., on Certain Information Society Services, as amended.
The Client is entitled to revoke anytime its consent to the personal data processing according to this Article in a written or electronic form.
In case the Client provides the Operator with personal data of the participants of a course, event, or persons entrusted with acceptance of an individual service, in accordance with these GCTC, the Client declares expressly to have a prior consent of such persons with provision of their personal data.
The Client declares expressly to agree with making of visual and audio-visual records from courses, events, or provision of individual services. The Operator is entitled to use such records for its own presentation, especially on the website or in other commercial materials.

Article XI – Final provisions

The rights and obligations of the Parties, not expressly regulated by the confirmed order or by these GCTC, shall be governed by the relevant provisions of the Commercial Code.

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