TERMS AND CONDITIONS

For the operation of the VR Play Park entertainment center at Václavské náměstí 782/22, 110 00 Prague 1 (hereinafter referred to as the “Establishment”) and for the use of the website www.vrplaypark.com (hereinafter referred to as the “Website”) operated by Torch Entertainment s.r.o., with its registered office at Václavské náměstí 782/22, 110 00 Praha 1, IČO: 05852242 (hereinafter referred to as the “Operator”).

1. INTRODUCTORY PROVISIONS

1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of the Operator regulate mutual rights and obligations in accordance with the provisions of Section 1746 Paragraph 2 of Act No. 89/2012 Coll., The Civil Code, as amended, (hereinafter the “Civil Code”). arising on the basis of a contract for the provision of services (hereinafter referred to as the "Services") of the entertainment center (hereinafter referred to as the "Contract") concluded between the Operator and another natural person (hereinafter referred to as the "Customer") through a personal visit to the Establishment or via the Website.

1.2. Business conditions are an integral part of the Agreement. Business conditions are prepared in the Czech language. The contract is concluded in the Czech language.

1.3. The wording of the Business Conditions may be changed by the Operator at any time. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Business Conditions.

1.4. The Business Terms and Conditions also apply to cases where the Services are purchased on the basis of the Contract by a person acting within the scope of his business activity or his independent performance of a profession. The Business Terms and Conditions also apply to cases where the Services are ordered by a legal entity on the basis of the Contract.

2. SERVICES

2.1. Services can be provided exclusively in the Establishment.

2.2. The Customer acknowledges that the use of the Services must meet the following conditions:

(i) the minimum age of the Customer must be 13 years;

(ii) Customer under the age of 18 is required to obtain the consent of its legal representative before using the Services;

(iii) The Services may not be used by people suffering from epilepsy or similar illnesses;

(iv) Customers with heart disease and pregnant women must consult their attending physician before using the Services; and

(v) The Services may not be used under the influence of drugs, alcohol or other addictive substances.

2.3. Customers are obliged to comply with the conditions for the provision of Services specified in 2.2 Business Conditions. The Operator reserves the right to refuse to provide the Services to Customers who do not meet the stated conditions for the provision of Services.

2.4. Services duly booked according to the Business Conditions can be canceled no later than 24 hours before the date of their reservation. In the event of non-compliance with this deadline, the Customer is obliged to pay the price of the Services and the Operator reserves the right to refuse possible future reservations of the Customer.

3. USING THE WEBSITE

3.1. The Customer makes a reservation (order) of Services without registration directly from the Website. When booking (ordering) services, the Customer is obliged to state all data correctly and truthfully. The data provided by the Customer when ordering the Services are considered correct by the Operator.

3.2. The Customer acknowledges that the Website may not be available constantly, especially with regard to the necessary maintenance of hardware and software equipment of the Operator and / or third parties.

4. CONCLUSION OF THE CONTRACT

4.1. All presentation of the Services within the Website is of a purely informative nature and the Operator is not obliged to enter into an Agreement regarding the Services. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

4.2. The website contains information about the Services and their price. The prices of the Services are listed including all applicable fees. The prices of the Services remain valid in the form when they are displayed within the Website. The Provider is not limited to the possibility of concluding the Contract under individually agreed conditions.

4.3. To reserve the Services, the Customer must use the following procedure within the Website:

(i) choose one of the Services offered;

(ii) choose the number of players;

(iii) choose the date and time when the Customer arrives at the Premises;

(iv) fill in your full name, e-mail and telephone number;

(v) choose the method of payment; and

(vi) agree with Business Terms and Conditions and GDPR principles and confirm the reservation.

4.4. Before confirming the reservation via the Website, the Customer will see a recapitulation of his reservation, when he is allowed to check and change the data provided there. The data stated in the reservation are considered correct by the Operator. The Operator confirms the receipt of the reservation by e-mail to the Customer's e-mail address specified in the reservation (hereinafter referred to as the "Customer's E-mail").

4.5. The Operator is always entitled, depending on the nature of the reservation, to ask the Customer for additional confirmation of the reservation.

4.6. The contractual relationship between the Operator and the Customer is established by delivery of the acceptance of the reservation (acceptance), which is sent by the Operator to the Customer by e-mail to the Customer's E-mail. The contract can then be concluded in the case of a personal visit to the Establishment.

4.7. For the purpose of concluding the Contract, the Customer agrees to the use of means of distance communication. The costs incurred by the Customer in the use of means of distance communication in connection with the conclusion of the Contract shall be borne by the Customer, and these costs shall not differ from the basic rate.

5. PRICE OF SERVICES AND PAYMENT TERMS

5.1. The Buyer may pay the Price of the Services and any costs associated with their provision under the Contract to the Seller:

(i) with cash at the Establishment;

(ii) online payment by credit card - Global Payments s.r.o. (V Olšinách 626/80; 100 00 Praha 10);

(iii) through the PayPal service operated by PayPal (Europe) S.à r.l. and Cie, S.C.A. (R.C.S. Luxembourg B 118 349); or

(iv) cashless transfer to the Provider's bank account No. 2801171044/2010, kept at Fio banka, a.s.

5.2. The Operator does not require an advance or other similar payment from the Customer, with the exception of Article 5.3 of the Business Conditions. This does not affect the Customer's obligation to pay the price of the Services before their provision.

5.3. In the event of the Customer's request, the Operator may issue a voucher for its services for use by a third party and / or the Customer when ordering the Services via the Website. The value of the voucher will depend on the agreement between the Customer and the Operator and will be valid for three (3) months from the date of its issuance.

5.4. Any discounts on the price of the Services provided by the Operator to the Customer cannot be combined with each other.

5.5. The Operator shall issue a tax document - an invoice - for the payment of the price of the Services.

6. WITHDRAWAL FROM THE CONTRACT

6.1. The Customer has the right to withdraw from the Agreement, but only if there are more than 24 hours left before the selected time of Services according to the date reserved by the Customer. If less than 24 hours remain until the provision of Services according to the date reserved by the Customer, the Customer may not withdraw from the Contract in accordance with § 1837 letter a) of the Civil Code, as the Provider has already taken steps to provide the Services, or has started to provide them. Withdrawal from the Contract may be sent by the Customer, inter alia, to the address of the Establishment or to the e-mail address: info@vrplaypark.com.
The customer will be informed about the results of the complaint the same way as it was delivered.

6.2. In the event of withdrawal from the Agreement, the Agreement is canceled ex tunc and the Operator is obliged to return the funds to the Customer within fourteen (14) days of withdrawal from the Agreement in the same manner as the Operator received them from the Customer.

6.3. If a gift is provided to the Customer together with the reservation of the Services, the Customer is not obliged to return this gift to the Operator in the event of withdrawal from the Contract.

7. RIGHTS OF DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the Operator and the Customer in relation to the rights of defective performance are governed by the relevant generally binding legal regulations, in particular the following provisions:

(i) sections 1914 to 1925 of the Civil Code; and

(ii) Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2. The Operator is responsible for ensuring that the Services are not defective when provided by the Operator and that:

(i) have the features that the Operator has stated within the Website and which the Customer expected with regard to the nature of the Services; and

(ii) comply with the requirements of applicable law.

7.3. The Customer exercises the rights of defective performance at the address of the Establishment.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. In relation to the Customer, the Operator is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

8.2. The Czech Trade Inspection Authority, ID: 00020869, with its registered office at Štěpánská 567/15, 120 00 Prague 2 (web address: http://www.coi.cz), is responsible for the out-of-court settlement of all consumer disputes between the Operator and the Customer under the Contract.

8.3. The operator is entitled to provide services on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended, to a limited extent.

8.4. By concluding the Contract, the Customer assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.

8.5. The customer is obliged to comply with the operating rules available in the Establishment. The customer is also obliged to act with due care in the Establishment and bears full responsibility for any damage caused to him by any person.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the Customer as a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.

9.2. The customer agrees to the processing of his following personal data:

(i) name and surname;

(ii) e-mail address; and

(iii) phone number.

(hereinafter referred to as "Personal Data").

9.3. The Customer agrees to the processing of Personal Data by the Operator for the purposes of exercising the rights and obligations under the Contract. Within the Website, the Customer may log in (and thus give his consent to the processing of his Personal Data) to send information related to the Operator's goods, services or business to his e-mail address and further agrees to send business messages by the Operator to his e-mail address. After concluding the Agreement, the Operator no longer processes the Customer's Personal Data in any way, with the exception of the previous sentence.

9.4. The Customer acknowledges that he is obliged to state his Personal Data correctly and truthfully. The Customer confirms that the provided Personal Data is accurate and that he has been informed that this is a voluntary provision of Personal Data.

9.5. Personal data will not be passed on to third parties without the prior consent of the Customer.

9.6. Personal data for the purpose of sending business messages will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. In the event that the Customer believes that the Operator is processing his Personal Data in violation of the protection of his private and personal life or in violation of the law, he may:

(i) ask the Operator for an explanation; or

(ii) require the Operator to rectify the defective condition.

9.8. If the Customer requests information about the processing of his Personal Data, the Operator is obliged to provide this information. The operator has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

10. STORING COOKIES

10.1. The customer agrees to the storage of a small amount of data (hereinafter referred to as "cookies") on his computer. In the event that it is possible to make a reservation for services via the Website without the Cookies being stored on the Customer's computer, the Customer may revoke the consent pursuant to the previous sentence at any time.

11. DELIVERY

11.1. It can be delivered to the customer's e-mail address.

12. FINAL PROVISIONS

12.1. All rights and obligations arising from the relationship between the Customer and the Operator (especially the relations established by the Contract) are governed by Czech law, even if the relationship between the Customer and the Operator contains an international element. This does not affect the consumer's rights arising from generally binding legal regulations.

12.2. If, or at any time in the future, any provision of the Terms and Conditions is invalid or ineffective, the provision whose meaning is as close as possible to the invalid provision will be applied. The invalidity or ineffectiveness of any provision of the Terms and Conditions has no effect on the validity or effectiveness of other provisions of the Terms and Conditions.

12.3. The Contract, including the Business Conditions, is archived by the Operator in electronic form and is not accessible.

12.4. Contact details of the Operator:

(i) address for service: Torch Entertainment s.r.o., Václavské náměstí 782/22, 110 00 Praha 1,

(ii) e-mail address: info@vrplaypark.com,

(iii) phone 607 044 123.

In Prague on August 20, 2020