General Terms and Conditions of Epic Travel s.r.o.

(hereinafter referred to as “GTC”)

 

  1. Introductory Provisions

 

1.1        Under these GTC, the service provider is Epic Travel s.r.o., having its seat at Sokolská 62/15, 020 61 Lednické Rovne, Slovak Republic, Company Reg. Number (IČO): 47 173 564, registered in the Commercial Register of the Žilina District Court, section: Sro, file No.: 28265/R (hereinafter referred to as the “Service Provider”).

 

1.2             Client is a natural or legal entity involved in the sport hospitality business.

 

1.3             Client and Service Provider are hereinafter jointly referred to as the “Parties”.

 

1.4        These terms and conditions (hereinafter the “General Terms and Conditions”), together with any other relevant contracts, agreements and contractual documents concluded between Service Provider and Client, define the content and scope of the contractual relationship between the Parties, including their rights and obligations.

 

  1. Conclusion of Contract

 

2.1        Client is interested in Service Provider’s services and has an opportunity to enter into a contractual relationship with Service Provider. The contract is comprised of these General Terms and Conditions together with any other relevant conditions or obligations that may be agreed between the Parties in writing (to include letters, emails or written agreements). The contract between the Parties is hereinafter referred to as the “Contract”.

 

2.2.       The Contract shall be concluded by means of clicking on the “Agree to General Terms and Conditions” field and inserting a tick (√) symbol at the end of these General Terms and Conditions. The Contract shall commence and these General Terms and Conditions shall then apply to the relationship between the Parties with immediate effect.

 

2.3        Once the Contract has commenced (per 2.2 above) the Client shall be provided with relevant Services subject to these General Terms and Conditions.

 

 

3. Duration and Termination of Contract

 

3.1        The Contract shall be terminated by either:

 

3.1.1     written agreement of both Parties; or

 

3.1.2     notice served by one of the Parties to the other.

 

3.2        Either Party is entitled to terminate this Contract by giving written notice to the other Party in accordance with Article 7.5. The notice period is three (3) calendar months, commencing on the first day of the calendar month following delivery of the notice.

 

3.3        The term of the Contract is indefinite subject to (a) termination by either Party as set out in Article 3.1 or (b) circumstances where the Service(s) is discontinued by the Service Provider in its sole discretion.

 

3.4        These General Terms and Conditions, and all rights and obligations arising from them, shall cease from the date of termination, save and except that:

            

3.4.1     Where any payments remain due and outstanding the Client shall remain liable to discharge these payments to the Service Provider; and

 

3.4.2     Any and all obligations regarding confidentiality and privacy in relation to information exchanged between the Parties shall survive termination.

 

 

 

  1. Rights and Obligations

 

4.1        Service Provider shall ensure that the Services(s) are provided to Client as they are precisely stated and specified in both these General Terms and Conditions and any other conditions and obligations that may be agreed between the Parties including letters, emails or written agreements.

 

4.2        Service Provider shall ensure that the Service(s) are provided to Client for the term of the Contract.

 

4.3        Client undertakes to pay any applicable fees for Service(s) enjoyed by Client under Article 5. Whether or not a fee applies to the Client shall depend on the nature of the service(s) it enjoys at any given time under Article 5.

 

4.4        Service Provider shall promptly notify Client about any considerations relevant to its decision to enter into the Contract and Client shall promptly notify Service Provider about any facts of significance for Service Provider in respect of entering into the Contract.

 

4.5        Service Provider provides no warranty for the fulfilment of obligations of third parties with which the Client enters into any contract.

 

4.6        Service Provider provides no warranty for the fulfilment of obligations of other clients with which the Client enters into any contract.

 

4.7        Client is responsible for the accuracy of information provided to Service Provider.

 

4.8        If Client cancels its membership, or if the Contract is terminated by either party, Client will not be entitled to a refund of the fee paid under Article 7.

 

4.9        Where Client fails to pay any applicable Membership Fee specified in Article 7.1 or Article 7.2 to Service Provider by the due date Service Provider reserves the right to cancel Client’s membership and terminate any of the services concerning the subject matter of this Contract. The Service Provider may in its sole discretion remove the Client’s profile from the Service Provider’s website www.prosportshotels.com.    

 

 

  1. Services

 

5.1        Service Provider undertakes to provide the following services to Hotel Clients according to membership class:

 

5.1.1     Standard Membership

 

(i)               Hotel is added to any sports category for which Service Provider determines it can offer training camps.

 

(ii)             Hotel appears on the relevant country list subject to Article 6.

 

(iii)           Two (2) special offer entries per annual membership. The special offers will be posted on Service Provider “special offers” page for a period of one (1) calendar month. The link for each special offer will appear on Service Provider social media platforms.

 

 

5.1.2     Premier Membership

 

(i)               Hotel is added to any sports category for which Service Provider determines it can offer training camps.

 

(ii)             Hotel appears on the relevant country list subject to Article 6.

(iii)           Five (5) special offer entries per annual membership. The special offers will be posted on Service Provider special offers page at www.prosportshotels.com for a period of one (1) calendar month. The link for each special offer will appear on all Service Provider social media platforms.

 

5.1.3     Pro Membership

 

(i)               Hotel is added to any sports category for which Service Provider determines it can offer training camps.

(ii)             Hotel appears on the relevant country list subject to Article 6.

(iii)           12 special offer entries per annual membership. The special offers will be posted on Service Provider special offers page at www.prosportshotels.com for one (1) month. The link for each special offer will appear on all Service Provider social media platforms.

 

(iv)            One feature article accompanying all Client’s special offers on the “special offer” page.

 

 

  1. ProSports Ranking

 

6.1        For Hotel Clients not being Standard members the following will apply to their hotel’s position on the relevant country list:

 

6.1.1     Pro Member Client hotels will appear at the top of the country list ahead (above) any existing Premium or Standard Member Client hotels;

 

6.1.2     Where two or more Pro Member Client hotels appear in any country list the hotels will initially appear in alphabetical order as determined by the Service Provider. In such cases both, or each, of the Pro Member Client hotels will always appear above (nearer the top of the list) all Premium and Standard Member Client hotels irrespective of the alphabetical order of such other hotels (for so long only as the proprietor of such other hotels do not contract for a Pro Membership);

 

6.1.3     As between two or more Pro Member Client hotels appearing in any country list the position of one with respect to the other(s) will increase (nearer to the top) if Team/Agent clients submit favourable reviews of that particular hotel and any such review is verified (by the Service Provider) and published on the www.prosportshotels.com website;

 

6.1.4     Premium Client hotels will appear above existing Standard Member Client hotels (nearer the top) and below any existing Pro Member Client hotels (further from the top) on any given country list;

 

6.1.5     Where two or more Premium Member Client hotels appear in any country list the hotels will initially appear in alphabetical order as determined by the Service Provider. In such cases both, or each, of the Premium Member Client hotels will always appear:

 

(i)         before (nearer the top of the list) all Standard Member Client hotels irrespective of the alphabetical order of such other hotels (for so long only as the proprietor of such other hotels do not contract for a Premium or Pro Membership); and

 

(ii)        after (further from the top the list) all Pro Member Client Hotels irrespective of the alphabetical order of such other hotels (for so long only as the proprietor of such other hotels do not contract for a Premium or Standard Membership);

 

6.1.6     As between two or more Premium Member Client hotels appearing in any country list the position of one with respect to the other(s) will change if Team/Agent clients submit favourable reviews of that particular hotel and any such review is verified (by the Service Provider) and published on the www.prosportshotels.com website.

 

 

6.2        For Standard Member Hotel Clients the following will apply to their hotel’s position on the relevant country list:

 

6.2.1     Standard Member Client hotels will appear after (and beneath) any existing Premium or Pro Member Client hotels;

 

6.2.2     Where two or more Standard Member Client hotels appear in any country list the hotels will initially appear in alphabetical order as determined by the Service Provider. In such cases both, or each, of the Standard Member Client hotels will always appear beneath (further from the top of the list) all Premium and Standard Member Client hotels irrespective of the alphabetical order of such other hotels (for so long only as the proprietor of such other hotels do not contract for Standard Membership instead of their existing membership class);

 

6.2.3     As between two or more Standard Member Client hotels appearing in any country list the position of one with respect to the other(s) will increase (nearer to the top) if Team/Agent clients submit favourable reviews of that particular hotel and any such review is verified (by the Service Provider) and published on the www.prosportshotels.com website.

 

 

7. Price and Payment Terms

 

7.1        In exchange for the services provided to it under this Contract, and depending on the Client’s member class, the Client undertakes to discharge certain obligations to the Service Provider:

 

7.1.1     Standard Member

            

(i)         No fee applies; and

 

(ii)        Client agrees to provide Service Provider with any and all details relating to their hotel facilities to include up to date photograph and video files.

 

7.1.2     Premium Member

 

(i)               No fee applies for the first year of membership;

 

(ii)             In all subsequent years an annual sum of EUR 250.00 will be paid by Client to Service Provider (the “Premium Membership Fee”); and

 

(iii)      Client agrees to provide Service Provider with any and all details relating to their hotel facilities to include up to date photograph and video files.     

 

7.1.3     Pro Member

 

(i)               No fee applies for the first year of membership;

 

(ii)        In all subsequent years an annual sum of EUR 500.00 will be paid by Client to Service Provider (the “Pro Membership Fee”); and

 

(iii)      Client agrees to provide Service Provider with any and all details relating to their hotel facilities to include up to date photograph and video files.

 

7.2        The Premium Membership Fee and Pro Membership Fee (each and both referred to as “Membership Fee” in these General Terms and Conditions ) sums stipulated at 7.1.2 (ii) and 7.1.3 (iii) are current for the year 2016. These fee rates apply to Pro Member Clients and Premium Member Clients contracting with Service Provider (and joining the ProSportsHotel platform) at any time up to and including 31 December 2016. Service Provider reserves the right to review Membership Fee rates in future years. Client agrees to be bound by, and undertakes to pay, any revised and applicable Membership Fee rate applicable to it, or in the alternative agrees:

 

7.2.1     To notify Service Provider (within fourteen (14) days of receiving notice or invoice of a revised Membership Fee) of its intention to change its membership status to that of a Standard Member;

 

or

 

7.2.2     That the Contract may be terminated by Service Provider with immediate effect without notice to the Client and that all Service(s) hitherto enjoyed by Client will cease simultaneously.   

 

7.3        For Premium Member and Pro Member Clients the relevant Membership Fee (provided for in Articles 7.1 and 7.2) shall be paid by Client to Service Provider at the start of the year for which the Membership Fee applies. Client agrees to make payment within fourteen (14) calendar days from the start of the year of membership for which it is either a Premium Member or Pro Member Client. Service Provider will issue the Client with an invoice for the relevant Membership Fee (provided for in Articles 7.1 and 7.2).

 

7.5        If Client fails to pay an invoice duly and on time, Service Provider shall be entitled to charge Client a default fee of 0.03% for each day overdue. If Client fails to fulfil this obligation within fourteen (14) calendar days of the due date on the invoice, Service Provider shall be entitled to suspend provision of Service(s) until all arrears are settled by Client. Service Provider shall resume the provision of the Service(s) within forty-eight (48) hours from payment of all arrears (to include any unpaid invoices and daily default fees arising). Suspension of the Service(s) does not entitle Client to a refund of the Membership Fee or any part thereof.

 

7.6        If Client’s delay with payment of the Membership Fee, or any part thereof, exceeds sixty (60) calendar days, Service Provider shall be entitled to:

 

7.6.1     Suspend the provision of the services;

 

             or

 

7.6.2     Terminate the Contract in its entirety.

 

In these circumstances Service Provider may also charge a contractual penalty of EUR 50.00 on Client. Any such contractual penalty to be paid by Client within fourteen (14) calendar days.

 

7.7        Service Provider’s entitlement to indemnification by payment of any default fee of 0.03% for each day overdue under Article 7.5 is not affected by the imposition and receipt of a contractual penalty under Article 7.6. Service Provider is entitled to receipt of both where payment remains outstanding for the period and circumstances outlined in Article 7.6.

 

7.8        Where Client, being either a Premium or Pro Member, gives notice to terminate the Contract, before the end of the ninth month (September) of a calendar year the Client will not be entitled to a refund of any Membership Fee in respect of that year of membership. In those circumstances the Contract shall terminate from expiry of the notice except that the obligation to pay the Membership Fee for that calendar year shall remain in accordance with Article 3.4.1.

 

 

8. Special Provisions

 

8.1        By signing this Contract, Client consents to the saving, storage and processing of its personal data by Service Provider for billing and account management purposes. Service Provider undertakes to keep Client’s personal data confidential and not to provide it or make it accessible to any third party without Client’s consent, with the exception of the following circumstances:

 

8.1.1     Recovery of outstanding payments or claims owed to Service Provider where Client breaches the Contract and fails to pay the Membership Fee or any part thereof to Service Provider for more than sixty (60) calendar days from the due payment date specified on the issued invoice. In this case, Client information may be used by Service Provider only for the purpose of enforcing payment and recovering the Client’s debt; or

 

8.1.2     The sharing of information with state authorities or other third parties, if required by law or as reasonably necessary to protect the rights, property and interests of the Service Provider.

 

8.2        Service Provider reserves the right to amend these General Terms and Conditions. The obligation to notify the Client of any such amendments to these General Terms and Conditions  is fulfiled by placement of the amended General Terms and Conditions  on the internet site of Service Provider at www.prosportshotels.com.

 

8.3        Client’s agreement to any amendment of these General Terms and Conditions (per Article 7.2) shall be implied save where the Client notifies the Service Provider of its decision to terminate the Contract. The Service Provider may in its absolute discretion decide to agree alternative General Terms and Conditions with the Client. In these circumstances any such alternative General Terms and Conditions must:

 

8.3.1     be clearly evidenced in written form (whether by letter, emails or written agreements);

 

and

 

8.3.2         state whether or not they are to supersede these General Terms and Conditions  in a situation where a conflict of interpretation arises.

 

8.4        Following the conclusion of the Contract Client is obliged to notify Service Provider about any change in its mailing address or other important information as may appear in, or have an effect upon, the Contract. Client’s information provided to, and in the possession of, Service Provider when the Contract is concluded shall be deemed up to date until such time as Service Provider receives written notice of any change in information from the Client.

 

 

 

9.      Final Provisions

 

9.1        These General Terms and Conditions and the Contract will continue in full force and effect until such time as one, or other, of the parties terminates it, subject to the survival of certain provisions in accordance with Article 3.4.

 

9.2        This Contract enters into force and takes effect on the day it is executed by the parties.

 

9.3        The parties hereby agree that these General Terms and Conditions and the Contract between the parties shall be governed by the law of the Slovak Republic, with jurisdiction for dispute resolution falling to the responsible Slovak court according to the Service Provider’s registered office.

 

9.4        These General Terms and Conditions are presented in electronic form. The parties acknowledge and agree that this is sufficient for the purposes of constituting a contract between them (save and except where other terms, conditions or obligations may be agreed between the Parties as provided for in Articles 1.4, 2.1 and 8.3) and no request for a written copy shall affect, hinder or impede the coming to effect of the Contract between the parties.

 

9.5        Execution of these General Terms and Conditions (and Contract) referred to in Article 9.8 is effected by means of the Client ticking the (√) box as stipulated in Article 2.2.

 

9.6        Where these General Terms and Conditions (and the Contract) are translated into other languages, the Slovak version shall supersede.

 

9.7        Where these General Terms and Conditions (and the Contract) are determined by a court of the Slovak Republic to be incomplete in so far as certain matters are not regulated herein then these General Terms and Conditions (and the Contract) shall be interpreted, supplemented and/or governed by respective provisions of the Commercial Code in force and effect, and other generally binding legal regulations of the Slovak Republic.

 

9.8        The parties hereby declare that they have understood the provisions of these General Terms and Conditions  (and Contract) in terms of its contents and scope, that these provisions reflect their true and earnest will, and in witness whereof they hereunto set their hands.