TERMS AND CONDITIONS FOR SALE OF GIFT VOUCHERS

of Infinit s.r.o.,

Registered office: Běly Pažoutové 742/​1, 624 00 Brno, business ID number: 279 04 989, entered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 125506, e-​mail address: darky@infinit.cz, tel. number: +420 734 796 271. 

  1. GENERAL PROVISIONS

       1.1 These terms and conditions (hereinafter the “Terms and Conditions”) of Infinit s.r.o., registered office: Prague 7, Holešovice, Jablonského 639/​4, postcode: 170 00, business ID number: 279 04 989, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 125506 (hereinafter the “Service Provider”), regulate the mutual rights and duties arising in connection with or on the basis of a contract the subject of which is the purchase of a gift voucher for services, concluded between the Service Provider and another natural person (hereinafter a “Customer”) at the premises of one of the Service Provider’s subsidiaries or a company whose controlling entity is identical to the Service Provider’s controlling entity (Infinit group companies) (hereinafter the “Contract”).
       1.2 The provisions of the Terms and Conditions are an integral part of a Contract.
       1.3 These Terms and Conditions do not apply to cases where a person who intends to purchase gift voucher is a legal entity or a person who is acting when purchasing a gift voucher in the course of his/​her business or in the course of the independent exercise of his/​her profession.
       1.4 The Service Provider can change or modify the text of the Terms and Conditions. The Service Provider will inform Customers of changes or modifications to these Terms and Conditions, with the amended version becoming effective on the date of its publication at the Service Provider’s premises. This provision does not affect the rights and duties arising during the validity of the previous version of the Terms and Conditions.
       1.5 All contractual relations are concluded in accordance with the legal order of the Czech Republic, in particular Act No. 89/​2012 Coll., the Civil Code, and Act No. 634/​1992 Coll., on consumer protection.
     

  2. DEFINITON OF TERMS

       2.1 Contract means a contract concluded by the Service Provider and a Customer. A Contract is concluded by paying the price of a gift voucher and its handover to a Customer.
       2.2 For the purposes of these Terms and Conditions, the Service Provider is Infinit s.r.o
       2.3 A gift voucher is issued for a sum of money or a specific service or package of services. A gift voucher entitles its holder or the person presenting it to use the services specified in the gift voucher or to use services in the value specified therein. A gift voucher may also contain the address of the establishment where the specific services are to be used (hereinafter a “Gift Voucher”).
       2.4 A holder of a Gift Voucher is the person who presents a Gift Voucher at an Establishment; a Gift Voucher is transferable.
       2.5 Establishment means the place where the contract pursuant to Article I, Paragraph 1.1 of these Terms and Conditions may be concluded and services may be used (hereinafter an “Establishment”).
     

  3. GIFT VOUCHER PAYMENT

       3.1 The total price of a Gift Voucher can be paid by a Customer to the Service Provider at an Establishment, specifically:
    ·         in cash;
    ·         by credit card;
    ·         using an Infinit Card, Flexi Pass CARD, Multi Pass CARD, Edenred Benefits Card;
    ·         using vouchers: Flexi Pass, Gift Pass, Relax Pass, Focus Pass, Bonus Pass, UNIŠEK, UNIŠEK+, UNIŠEK+FKSP, CADHOC, Edenred Multi, Edenred Sport&Kultura, Edenred Compliments;
    ·         BENEFIT PLUS (operator Benefit Management s.r.o., business ID number: 270 69 770) or Cafeteria Benefity (operator BENEFITY a.s., business ID number: 270 95 231), in the manner that the system allows.
       3.2 The cost of a Gift Voucher can also be paid from a Cultural and Social Needs Fund contribution on the basis of an invoice issued to an employer, in addition to the methods mentioned above.
     

  4. GIFT VOUCHER REDEMPTION AND VALIDITY

       4.1 A valid Gift Voucher is always marked with a code, the date of validity, the subject of use (specific service or monetary amount), the Service Provider’s stamp and the signature of a person authorised to represent the Service Provider.
       4.2 A Gift Voucher is issued with a validity period of 6 months, during the Christmas holidays Gift Vouchers are usually issued with a validity period of up to 8 months from the date of issue. At the request of a Gift Voucher holder, the Service Provider will extend the validity of a Gift Voucher for a maximum of 184 days from the date of its original validity. A gift voucher for a sauna night is valid only for the specific day and hour indicated on the gift voucher, its validity cannot be extended.
       4.3 Upon expiration of a Gift Voucher’s validity period or an extended Gift Voucher’s validity period in accordance with Paragraph 4.2, the right of the Customer or the Gift Voucher holder to use services in accordance with the Gift Voucher expires, and the value of the Gift Voucher is forfeited without compensation.
       4.4 The Service Provider will allow the holder of a Gift Voucher to change the services provided under a Gift Voucher issued for specific services during the Gift Voucher validity period by cancelling the Gift Voucher and converting the amount corresponding to the price paid for the services under the cancelled Gift Voucher into a credit for the Gift Voucher holder in the amount of the price paid for services, which the Gift Voucher Holder may use at the Service Provider for services of his/​her choice up to the amount of the credit. A Gift Voucher for a sauna night can be changed up to 24 hours before an event.
       4.5 The provisions of Paragraph 4.4 and Paragraph 4.6, second sentence, of the Terms and Conditions do not apply to gift vouchers designated as marketing vouchers.
       4.6 A Gift Voucher cannot be exchanged for money or redeemed in cash, except as provided in the following sentence. In the event of cancellation of an Establishment for which a valid Gift Voucher was issued by the Service Provider, or cancellation of a service to be provided in accordance with a Contract (in accordance with a Gift Voucher), the Service Provider will return the amount paid for the services in accordance with the Gift Voucher to the holder of the Gift Voucher, or issue a Gift Voucher for other services of identical value at the option of the Gift Voucher holder.
       4.7 Gift Vouchers for a cash value do not need to be redeemed in one lump sum (i.e. the full amount withdrawn). The holder of a Gift Voucher can open an Infinit card and draw the services offered by the Service Provider up to the value of the Gift Voucher progressively.
       4.8 The use of some services under a Gift Voucher must be ordered in advance. A Customer should check the availability of services and dates in advance by calling the phone number or contacting the e-​mail address on a Gift Voucher.
       4.9 A Gift Voucher must be presented before using services.
       4.10 The Service Provider will not issue a duplicate Gift Voucher, even in the event of notification of its loss or theft.
     

  5. DISPUTE RESOLUTION

       5.1 Any disputes arising out of or in connection with a Contract will be resolved by the locally and materially competent court of the Czech Republic.
       5.2 The competent authority for the out-​of-​court settlement of consumer disputes arising from a Contract between a Customer and the Service Provider is the Czech Trade Inspection Authority, registered office: Štěpánská 567/​15, 120 00 Prague 2, business ID number: 00020869, Internet address: www.coi.cz.
     

  6. FINAL PROVISIONS

       6.1 The Service Provider is authorised to provide services on the basis of a trade licence and the activities of the Service Provider are not subject to any other authorisation. Trade licensing inspections are carried out by the competent trade licensing authority within the scope of its remit. Supervision of the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/​1992 Coll., on consumer protection.
       6.2 If a provision of the Terms and Conditions is invalid or ineffective or so becomes, a provision whose sense is as close as possible to the invalid provision will be used instead of the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the other provisions.
       6.3 The Complaint Rules are an integral part of these Terms and Conditions, forming an annex hereto.
       6.4 Contact details for the Service Provider:
    Infinit s.r.o.
    Jablonského 639/​4
    Prague 7, postcode: 170 00
    telephone: + (420) 734 796 271
    e-​mail: darky@infinit.cz

       6.5 These Terms and Conditions are effective from 1 July 2021

Annex to the Terms and Conditions for Purchase of Gift Vouchers: 

Complaint Rules

These Complaint Rules are issued by Infinit s.r.o., registered office: Prague 7, Holešovice, Jablonského 639/​4, postcode: 170 00, business ID number: 279 04 989, entered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 125506 (hereinafter “Infinit” or the “Company”), to set out:

  • the conditions of liability for defects in services provided on the basis of a contract for provision of services concluded between a customer and Infinit;
  • a uniform, fast and correct procedure for dealing with complaints.

The text of these Complaint Rules is based, in particular, on Act No. 89/​2012 Coll., the Civil Code, and Act No. 634/​1992 Coll., on consumer protection, as amended.

These Complaint Rules apply exclusively to cases where the person who claims rights arising from defects in the services provided (hereinafter a “Customer”) is not a legal entity or a person who, when concluding a contract for provision of services, acted within the scope of his/​her business activity or within the scope of the independent performance of his/​her profession.

Article 1
General Provisions

The relationship between Infinit and a Customer is governed by Act No. 89/​2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).

Article 2
Liability for Defects in Services

If a service was provided in violation of a contract for provision of services or was not provided at all, it is defective performance and the Customer has rights arising from the defective performance, which the Customer is entitled to claim from the Company (hereinafter a “Complaint”).

Article 3
Complaints
(claiming a defect)

  1. A Customer will make a claim for liability for defects in the form of a Complaint.
  2. Complaints about services must be filed with the Company without undue delay after a service has been provided or should have been provided.
  3. The Company is obliged to accept a Complaint at the Establishment where the services were or should have been provided in accordance with the contract with the Customer, at the Company’s registered office or at any of the Establishments where a contract on provision of services may be concluded.
  4. A Complaint is made by pointing out a defect (describing the manifestation of a defect) and making a claim (request) arising from liability for such defect.
  5. The Company is obliged to issue a written confirmation of when a Customer exercised a right, what the content of the Complaint is and what method of handling the Complaint the Customer requires. On behalf of the Company, a confirmation in accordance with the previous sentence may also be issued by an authorised employee of a subsidiary of the Service Provider or of a company whose controlling entity is the same as the controlling entity of the Service Provider at whose premises the Complaint was filed. Furthermore, the Company is obliged to issue a Customer with a confirmation of the date and method of handling a Complaint, or a written justification for the rejection of a Complaint.
  6. The Company or its delegated employee will decide on a Complaint immediately, in complex cases within three business days. This time period does not include the time reasonable in accordance with the type of service required for a professional assessment of a defect. Complaints including the correction of defects must be settled without undue delay, no later than 30 days after the date of a Complaint, unless the Company and Customer agree on a longer period.

Article 4
Claims due to Liability for Defects

  1. If the defective performance is a material breach of contract, a Customer has the right to:
  1. correction of the defect;
  2. a reasonable discount on the price;
  3. withdraw from the contract.
  1. A Customer is obliged to notify the Company of the right he/​she has chosen when notifying a defect or without undue delay after notification of a defect. A Customer cannot change a choice made without the Company’s consent; this does not apply if a Customer has requested the correction of a defect that proves to be irreparable. If the Company does not correct defects within a reasonable period of time or if it notifies a Customer that it will not correct the defects, the Customer is entitled to request a reasonable discount on the services or may withdraw from the contract.
  2. If a Customer does not exercise his/​her right in time, he/​she shall have the rights as in the case of a non-​material breach of contract (see paragraph 4 of this article).
  3. If defective performance is a non-​material breach of contract, a Customer has the right to have a defect corrected or to a reasonable discount on the price of the service. If the Company does not correct a defect in a service in time or refuses to correct a defect in a service, a Customer may request a discount on the service and/​or withdraw from the contract. A Customer cannot change a choice made without the Company’s consent.
  4. Until a defect has been corrected, a Customer does not have to pay a portion of the estimated price of the service reasonably corresponding to his/​her right to a discount.
  5. If a Customer fails to notify a defect in time (Article 3.2 of these Rules), he/​she shall lose the right to withdraw from the contract.
  6. The assertion of a claim for liability for defects does not preclude a claim for compensation for damages.

Article 7
Final Provisions

  1. Any disputes arising out of or in connection with a contract on provision of services will be resolved by the locally and materially competent court of the Czech Republic.
  2. The competent authority for the out-​of-​court settlement of consumer disputes arising from a contract on provision of services is the Czech Trade Inspection Authority, registered office: Štěpánská 567/​15, 120 00 Prague 2, business ID number: 00020869, Internet address: www.coi.cz.
  3. These Complaint Rules come into effect on 1 July 2021.