General terms and conditions
Provision of Courses
Driving Academy s.r.o.;
Registered office: Orechová Potôň , 930 02
Company registration number: 45 433 348
Registered in the Company Register of the District Court Trnava , Sec: Sro, Insert 25174/T
(Hereinafter referred to as the ‘’DA’’) Is the legitimate user of the area of ‘’School of Safe
Driving Orechová Potôň ‘’, whereas the DA is also eligible to allow a temporary use of the
area by third parties.
Relations between the DA (having the legal status of a ‘’Provider’’) and a third party (having
the legal status of a ‘’Recipient’’) resulting from the Contract of Provision of Courses are
governed by these following Terms of Conditions:
I. Introductory Provisions
1. Pursuant to the Commercial Code § 273 Act No. 513/1991 of Coll. As subsequently
amended (hereinafter referred to as ‘’CC’’), the following General Terms of
Conditions of the Company ( hereinafter referred to as ‘’GTC’’) govern mutual rights
and obligations of the contracting parties of the ‘’Contract of Provision of Courses’’
concluded between DA as a Service Provider ( hereinafter referred to as the
‘’Provider’’) and a natural person or a corporate entity as a Service Recipient (
hereinafter referred to as the ‘’Recipient’’) , (hereinafter referred to as ‘’Contract’’).
The Contract governs the provision of Services specified in the Contract.
2. Derogating conditions of the Framework Contract take precedence over the Present
GTC provisions.
3. GTC provisions are in integral part of the Contract. GTC is made in Slovak and English
language. If there are any disputes regarding the understanding and interpretation of
definitions and provisions of the present GTC, Slovak wording takes precedence.
II. Definition of terms
School of safe Driving (and/or area of School of Safe Driving) is a real estate and facility
specified below which is necessary for motor/sport, sports, cultural and social events and
activities.
Driving Academy facilities include training rooms, each modules of the drill field, social
facilities, parking area, facilities of stated objects including the area ‘’Automotodrome’’ of
Slovakia Ring Orechová Potôň providing the course ‘’Racing’’.
Services
Services for the purpose of the GTC mean Services offered by the Provider to the part of the
Recipient, other Services which are granted to the Recipient by the Provider and Specified in
the Contract, as well as applicable extra Performance consisting of Provision of Services
according to paragraph 1, article IV of the GTC.
Provider
For the purpose of the present GTC, ‘’Provider’’ is Driving Academy s.r.o.; Orechová Potôň,
9310 02; Corporate registration number 45 433 348, registered in the Company Register of
the District Court Trnava , Sec: Sro, Insert 25174/T.
Recipient
For the purposes of the GTC, ‘’Recipient’’ is a natural person or a corporate entity having the
legal status of a Recipient in accordance with Contract.
Course is a single educational motor/sport event, competition, training drive/ride and
testing organized or attending by the Recipient in the area of the Driving Academy on the
basis of the Contract under the conditions stipulated in the Contract and these GTC.
Start of Course
For the purposes of the present GTC means the first entrance of the Recipient (or of a
person authorized by the Recipient) and/or the first Course participant into the premises of
the Driving Academy Orechová Potôň on the first day when the relevant Course takes place.
Event Participant
For the purposes of the present GTC means a natural person (referred to Contract) who as a
Recipient directly takes place on the services of the Provider (of Courses) and /or attending
the provided Services (Courses) by the Recipient ( as a person listed in the Enclosure of the
Contract introducing the roster of the Participators).
Price
Is a total price to be paid for the provided Services/Courses agreed in the Contract.
Reservation Contract
For the purposes of the present GTC, means a Contract/Agreement on reservation
concluded between the Provider and Recipient before the conclusion of the Contract with
the purpose of obligatory reservation of the date of the course for the benefit of the
Recipient. Other terms written in Capital letters which have not been specified in the
present GTC are defined in the Contract.
III. Rights and Obligations
1. On the basis of the Contract (Course), the Provider shall provide Services specified in
the Contract. The Recipient accepts the Services and shall pay the price of the Course
stipulated by the Contract (plus a possible additional payment, i.e. Price for extra
Performance, according to article IV. of the present GTC). The Recipients shall obey
all rules and provisions stipulated by Contract, the present GTC and by the Rules of
Operation of the Provider.
2. The Provider shall stay in the area of the Driving Academy exclusively for the purpose
of receive Services agreed in the Contract ( for the purpose of the participation of
the Course) and is obligatory not to damage the area of the Driving Academy. The
Recipient shall provide for the Participant of the course (and for participant of the
course referred to Contract between the Provider and the Recipient) facilities only in
a way that is not damaging for the area of the Driving Academy.
3. The Provider has the right to check, at any moment the usage of the area of the
Driving Academy specified in the point 2 of this section. If the subject of the area of
the Driving Academy damaged, for the Recipient and/or other Participant of the
Course (and for participant of the course referred to Contract between the Provider
4.
5.
6.
7.
and the Recipient) the Recipient shall provide a financial compensation to the
Provider for the incurred damage and the lost profit, as calculated by the Provider.
The Recipient shall not access the Driving Academy to a third party without a prior
written consent of the Provider.
Without a prior written consent of the Provider, the Recipient shall not provide any
goods or services to third parties (including Course Participants).
Throughout the period of usage of the area of the Driving Academy the Recipient
shall fully follow the instructions of the Provider (or a person authorized by the
Provider). The Recipient is obliged to ensure that all Course Participants (and for
Participant of the course referred to Contract between the Provider and the
Recipient) in the area of the Driving Academy shall fully follow the instructions of the
Provider (or a person authorized by the Provider).
The Recipient agrees and takes a responsibility for that the accession of the area of
the Driving Academy is exclusively allowed by the Provider ( in a case that the
Recipient as a natural person is in agreement providing Courses for himself/herself
like an individual) or for person listed in a roster creating a part/enclosure of the
Contract ( in a case that the Recipient is in agreement providing Courses for group of
person)
IV. Price and terms of payment
1. The price agreed in the Contract is expressed in Euro (EUR); its height depends on the
scope of the provided services defined in the Contract. The Provider is entitled to
offer other Services (Services agreed in the Contract), (hereinafter referred to as
‘’extra performance’’) for a price (hereinafter referred to ‘’ Price of extra
Performance’’) and under conditions as agreed in Separate Agreement.
2. In harmony with regulations effective on the payment day, VAT shall always be added
to the price of Course.
3. The price of the course (including a possible Price for additional performance in
accordance with point 5 of this section of GTC) shall be paid in Euro exclusively,
unless stipulated otherwise in the Contract.
4. Terms of payment
The price of the course (100%) is payable up to 5 days before the first day of the appropriate
course. Unless stipulated otherwise in the Contract and this by bank transfer or by cash.
In a case of paying for the course by assignation the payment shall be put down to the
Provider’s account specified in the Contract.
5. The price for extra services is payable by a bank transfer to the Provider’s account,
unless the payment has been made on the spot with a credit card or in cash, before
providing the extra services. The Provider is not bound to provide to the Recipient
any extra performance (services).
6. Due to the Contract In case the Recipient’s payments are delayed, of these GTC the
Provider is entitled to claim the payment of a contracted fine which equals 0.1% from
the amount due for every single delayed day.
7. In case the Recipient does not fully and timely settle the Course price including VAT,
the Provider is entitled to withdraw from provision of Services (Courses) which were
agreed in the Contract.
8. The Recipient and the Provider have agreed that the Provider shall send invoices or
possible unilateral credits and/or credit notes ( hereinafter referred to as
9.
V.
1.
2.
3.
4.
‘’Documents for Accounting’’ ) by means of electronic mail to the e mail address of
the recipient as specified in the Contract and simultaneously by means of registered
mail. Following manners are considered as a delivery PF documents for accounting:
(1) sending of a document for accounting purposes ( scanned with the signature of a
person authorized by the Provider) to the mail address of the Recipient as specified
in the Contract or (2) time limit of three days after a document for accounting
purposes will have been sent by means of registered mail to the address of the
Recipient which is specified in the Contract or to the address of the service Recipient
representative who is stated in the Contract, depending which situation occurs first.
The Provider is entitled to claim his right ( liability) for settlement of the contractual
fine which arose consequence of the Recipient’s violation of provision which are
stated in the Contract and/or GTC from any of the price (its part) for the course paid
by the Recipient. The Recipient shall pay part of the price in case if shall be used by
the Provider as settlement of the contractual fine in a manner stated in previous
sentence within specified deadline.
Liability and Insurance
The Recipient is exclusively entitled to stay in area of the Driving Academy in case of
receiving services specified in the Contract ( for the purpose of the participation on
Courses) and is obligatory to behave in a way that is not damaging for the area of the
Driving Academy. The Recipient shall obligatory ensure for participant of the course
and all presented (for participant of the course referred to Contract between the
Recipient and the Provider) (hereinafter ‘’ parties of the Recipient’’) to behave in a
way that is not damaging for the area of the Driving academy. If the facility of the
Driving Academy is damaged, parties for the Recipient the Recipient shall pay a full
compensation for damage to the Provider (including repair costs paid for by the
Provider to fix the damage), as calculated by the Provider.
The Provider shall not take any responsibility for damages of property or health of
the persons participating in the course. The Recipient takes in mind that third parties
participating or not participating in the course can have access to the Driving
Academy (or its parts). The contracting parties have agreed that the Recipient shall
secure his/her property and the property of third parties against damage, theft,
devaluation and destroying and/or devaluation of the property of the Recipient
and/or third parties of the Recipient. The Recipient undertakes to inform the third
parties about this liability of his/hers.
If there are defects in the services provided by the Provider, the Recipient shall report
the obvious defect to the Provider no later than during the provision of the
service/course, (in case the deficiency of Service provision is obvious), other defects
of Services shall be applied in writing by the Recipient to the service Provider no later
than two days of the provision of services, otherwise any claims of the Recipient on
the grounds of liability for defects terminate.
If a course participant is injured in the area of the Driving Academy the Recipient shall
at his/her own expense, provide a company to the injured person who will take care
of his/her personal documents, payment, new clothing for the injured, who can
arrange everything connected with the hospital treatment and his/her transport to
his/her residential area. If the injured participant does not have a corresponding
insurance cover and is not able to settle the hospital bill for the provided health care
services, in cash or otherwise, the Recipient shall settle the costs.
5. In relation to the course which is taking place, the Recipient shall have a liability
insurance cover (motor vehicle third party liability insurance) with minimum limit of
100 00,- EUR (one hundred thousand Euro). The Recipient shall furnish evidence of
such effective insurance contract to the Provider no later than on the day prior to the
first day of the course.
6. The Recipient may enter to those parts of the Driving Academy: training rooms, social
facilities, social facilities, reception, places of the drill field and to those parts of the
area of the Driving Academy that are available for the Recipient by the Provider
(person authorized by the Provider) (hereinafter referred to as ‘’available places of
the area’’). The Recipient shall ensure that all parties of the Recipient enter those
parts of the area of the Driving Academy what creates the available place of the area,
while the Recipient is responsible for the safety of the parties of the Recipient during
the whole Course and this to the moment of leaving the area of the Driving Academy
by all parties of the Recipient. The Recipient is liable for the damage and harm
causing by duties violating pursuant to this section. The Provider has a prior to check
if safety measures are observed, anytime during the Course. The Provider (or a
person authorized by him/her) can expel from the area of the Driving Academy
parties of the Recipient and/or the Recipient if in the eyes of the person authorized
by the provider, any of the parties of the Recipient and/or Recipient endangers the
security of other persons in the area of the Driving Academy and/or the security of
other parties of the Recipient and/or if the security of other person or Participant of
the Course in the area of the Driving Academy is in danger.
7. Provisions of access to and the operation of the control centre of each module are
laid down in the Provider’s Rule of Operation.
8. If a violation of provisions of the Contract of the present GTC on the part of the
Provider results in damage, the Recipient is entitled to get a compensation for the
damage, which shall not be higher than the already paid part of the price stipulated
by the Contract (in total for all violations).
9. At his/her own expense, the Recipient shall ensure patrolling of things brought to the
area of the Driving Academy.
10. The Recipient shall ensure that all parties of the Recipient leave the area of the
Driving Academy no later than 1 (one) hour after the end of the Course. Within the
same time, the Recipient shall hand over all keys other things and equipments which
he/she has been given to a person authorized by the Provider.
VI. Broadcasting rights, Advertising
1. Without a prior written consent of the Provider, the Recipient shall not make, display,
spread, make available, publish and/or audiovisual recordings from the Course
and/or any other recordings showing also the area of the Driving Academy (or any of
its parts) (hereinafter referred to as ‘’Recordings’’). The Recipient shall ensure that
parties of the Recipient do not make or use, in any ways, recordings either.
2. Without a prior written consent of the Provider and without a prior written
agreement with the Provider regarding remuneration for providing broadcasting
rights, the Recipient shall not broadcast recordings by means of analogue and/or
other similarly efficient broadcasting ways.
3. If an agreement is concluded as stated in the above point 2, the Recipient shall follow
all Providers’ instructions when making recordings, and shall by no means endanger
the safety of Driving Academy operation and/or Course participants and/or third
parties present in the Driving Academy. The Recipient is at the same time obliged to
make use of recordings made on basis of a written consent of the Provider only in a
way as stated in the written agreement concluded between the Provider and the
Recipient on the use of recordings. The recordings may at no time be used in a
manner which would create the threat of harming or in a manner that would harm
the good name, reputation and/or goodwill of the Provider and/or Driving Academy
and/or the company Slovakia Ring s.r.o.; Registered office: 800 Orechová Potôň, 9310
02, Company Registration Number 44 154 992 (hereinafter referred to as ‘’Slovakia
Ring’’) and may not be used in any connection to untruthful and/or negative and/or
unconfirmed information regarding to Driving Academy, the Provider, Slovakia Ring
and/or persons close to Slovakia Ring. The Recipient shall secure that no recordings
will be used together with and/or in connection (not even as scene for
illustration/animation accompanying texts and/or spoken word) with pieces of
information, opinions, comments and other data (expressed in print and/or
electronic and/or broadcasted version), which would create the danger of harming
the good name (goodwill, reputation) of the Driving Academy, Provider or Slovakia
Ring and/or would be able to bring about any kind of harm to the Driving Academy,
Provider and Slovakia Ring regardless of the fact whether such information will be or
will be not truthful.
4. The Recipient shall not cover advertising media (materials) placed within the area of
the Driving Academy. Without a prior written consent and a written agreement with
the Provider regarding a reward, the Recipient shall not place any advertising media
of the Recipient and/or third parties within the area of the Driving Academy. The
Recipient shall ensure that parties of the Recipient do not place advertising media in
the area of the Driving Academy without a prior written consent with the Provider.
5. Without a prior written consent of the Provider and/or the company Slovakia Ring, it
is not allowed to use the commercial name and/or the emblem (trademark) of the
Provider and/or the company Slovakia Ring. The Recipient takes due note of the fact
that the emblem of the Company Slovakia Ring as well as the emblem of the Provider
is a registered designation protected by relevant provisions of the Act No.506/2009
Coll. on trademarks.
6. The Recipient entitles the Provider- with no limitations concerning time, territory or
content- to make, display, spread, make available, (also by means of the internet),
publish, adjust and/or otherwise use video, sound, video-sound, and/or audiovisual
recordings from the Course containing also (i) the process of the Course, commercial
name, brand name, trademark or an emblem of the Recipient and/or parties of the
Recipient and/or (iii) displaying Recipients (photos of) Recipients and parties of the
Recipient. In view of this point, the Recipient can cede the right to a third party. The
Recipient declares that he/she is eligible to grant the rights to the Provider as stated
in this paragraph.
7. If any of the Recipient’s statement proves false regarding the Contract or the present
GTC, or the Recipient violates any of the obligations resulting from the Contract or
the present GTC, the Provider has the right to claim damages from the Recipient
incurred to the Provider as a result of truthlessness of the statement or as a result of
violation of third party’s rights by the activity of the Provider or the Recipient in the
amount as calculated by the Provider. If third parties make a claim to the Provider,
the Recipient shall make every endeavor to reach an extrajudicial settlement of the
existing cause, as well as to protect rights and interests of the Provider. The Recipient
shall settle all financial claims raised by third parties upon the Provider in connection
with the Course including claims regarding to recordings (and their consequent usage
by the Provider) in accordance with the previous paragraph.
8. The Provider may settle his/her claim (liability) to compensate losses and/or other
harm resulting from the violation of Recipient’s obligation and/or as consequence of
untruthful declaration of the Recipient from the price paid by the Recipient (its
parts). If the Provider claims his/her right for damage compensation in compliance
with above sentence, the Recipient shall pay the part of the price which was used for
the settlement of his claim.
VII. Conditions of Cancellation
1. Obligations resulting from the Contract and the present GTC terminate upon due and
timely fulfillment off all obligations resulting from the Contract.
2. The Recipient can cancel the Contract up to 5 (five) days before the first day of the
appropriate Course only upon settling the compensation (cancellation fee) in
accordance with paragraph 3 below in this section of the GTC. From its conclusion
the Contract can be cancelled when the Recipient informs the Provider in writing that
he/she is using his/her right to cancel the Contract and that he/she will pay the
compensation to the Provider, calculated according to paragraph 3 below in this
section of the GTC.
3. In view of the above paragraph 2, the compensation is calculated as 20% of the price
of the course (including VAT). The obligation to pay the compensation already paid
price of the Course (section Course price) are reciprocally calculated. In case when
the present GTC and/or the Contract designates rights of the Provider towards the
Recipient, for covering the Contract penalty, is not aggrieved by the rights of the
Provider for the compensation of full claims.
4. The contracting parties have agreed that if the Recipient does not pay the full price
no later than 1 (one) day before the day on which the Course takes place, the
Contract, the entitlement for quittance of contracted penalty is not aggrieved by the
termination of the Contract.
5. The Provider can withdraw from the Contract in cases if:
5.1 The Recipient uses parts of the area in contrariety to the Contract, the present GTC or
with the Rules of Operation.
5.2 The Recipient breaks commitments as stated in section III. Paragraph 4 and/or 5
and/or 6 of the present GTC.
5.3 The Recipient has been delayed with the price of the Course for more than 3 days.
5.4 The recipient violates, in any way, the provisions of the Contract, GTC, Rules of
Operation, Minimum Compulsory support, instructions of the Provider or a person
authorized by the provider.
5.5 The Recipient fails to prove his/her meeting the conditions as stated in section V
paragraphs 5 or 6 of the present GTC.
5.6 The recipient fails to prove his/her meeting the conditions as stated in section VIII
paragraph 5 of the present GTC.
5.7 The right of Provider order out from the area of the Driving Academy for parties of
the Recipient and/or the recipient occurs in compliance with section VIII paragraph 3
and/or section 6 of GTC or according to article V. section 8 of the GTC.
5.A) In all cases described in points 5.1 to 5.7 the Provider is at the same time entitled to
claim a contractual penalty to be paid, in the amount equal to the price (part of it) for the
relevant Course settled by the Recipient up to the moment of the Provider’s entitlement for
contractual penalty.
5.8 If ‘’vis major’’ substantially inhibits the Provider from meeting his/her commitments on
agreed dates. For the purposes of the present GTC, the following occurrences are considered
to be ‘’vis major’’, impossibility to use the area of the Driving Academy (each parts) due to
impossibility to use the area of the Driving Academy (each parts) for purposes stipulated in
the Contract because of a failure to meet safety requirements or other requirements of sate
administrative bodies or public authority bodies. In the stated cases the contracting parties
will either agree on a different date of Services/Courses (in a written amendment to the
Contract) or the Recipient will be given back all payments settled by the Contract.
5.9 If the area of the Driving Academy is impossible or unsuitable to use due to some
defects (including technical defects). In this case all payments made by the Recipient will be
given back to him/her on basis of the Contract, with the exception when the impossibility or
unsuitability to use the area of the Driving Academy was caused by, or is a result of, an
activity of the Recipient or parties of the Recipient (in this case the Provider can claim the
contractual penalty to be paid, in the amount as stated in point 5.A) of this section, in
addition to a full compensation of the damage.
5.10 In any time without stating the reason. In this case, (i) if the Provider withdraws from
the Contract before the Course has begun, the Recipient will be given back all the payments
(price for the Course) made by the Recipient based on the Contract, (ii) if the Provider
withdraws from the Contract after the Course has begun, the recipient will be given back a
proportional part of the price (price for the Course) based in the Contract, depending on the
range of delivered Services.
VIII. Safety
1. The Recipient shall comply with the conditions laid down in the Rules of Operation of
the Provider. Before closing the Contract the Recipient confirms that he/she has read
the Provider’s Rules of Operation.
2. The Recipient shall ensure that all parties of the Recipient are equipped with suitable
and safe vehicles which are in good technical condition, with no substances leaking
and adequately inflated tyres and clothing. The Recipient shall ensure that all parties
of the Recipient have driving licenses during the appropriate Course for all the
vehicles the Course is specialized.
3. The Provider may, anytime during the Course period, check motor vehicles and other
machines, devices or clothing used by the Recipient and/or parties of the Recipient in
the area of the Driving Academy. The Provider (or a person authorized by the
Provider) may expel from the area of the Driving Academy parties of the Recipient or
the Recipient if any of the parties of the Recipient brings a machines (or another
device or a thing) to the area of the Driving Academy or takes/plans to take a
ride/drive wearing clothes which, in Provider’s opinion (or in an opinion authorized
by the Provider) are not suitable or safe to be used in the area of the Driving
Academy and/or for the purposes laid down in the Contract.
4. The Recipient bears in mind that the area of the Driving Academy can be
continuously monitored by video- or audio-recording (camera system). In view of the
previous sentence, the Recipient agrees with making a video- or audio-recording and
shall inform, and provide consent of all parties of the recipient regarding making the
mentioned recordings. The participant agrees and shall provide consent of all parties
of the Recipient regarding the use of such recordings (even if such recording will
show the parties of the Recipient) for purposes of any judicial, criminal,
administrative or other action (even as material of evidence), as well as proceedings
lead by bodies of public authority.
5. The Recipient shall furnish a written consent of all parties of the Recipient declaring
that they are aware of the existence of objective dangers, contingencies and an
overall danger connected with motor-sports, that their machines and clothing meet
all safety requirements, that they are in a good health and able to participate in the
Course and driving, and that they know the technical parameters of the drill field of
Driving Academy. The participant shall obey all instructions and order of the Provider
and of persons authorized by the Provider with the operation of the Driving
Academy. A template of such declaration of parties of the Recipient is a part of the
present GTC as annex 1. Anytime the Provider (or a person authorized by the
Provider) may expel parties of the Recipient and/or the Recipient from the Driving
Academy if he/she suspects that parties of the Recipient and/or the Recipient has not
met the conditions stated in the declaration, as detailed in this point and/or has not
confirmed with his/her signature the mentioned declaration.
6. The Recipient shall ensure that all parties of the Recipient respect all instructions and
orders of the Provider or of persons authorized by the Provider with the operation of
the Driving Academy including safety instructions. Further, the Recipient shall also
ensure that all parties of the Recipient shall drive in the parking area of the Driving
Academy with a maximum speed 30 km/h and at the same time to refrain from
sudden braking (with the exception of need for sudden braking or sudden braking out
of reason of a sudden obstacle in the driving direction of the vehicle), to refrain from
sudden acceleration, intentional slipping and drifting. The Provider (or a
representative authorized by the Provider) is entitled to expel the parties of the
Recipient and/or the Recipient from the area of Driving Academy in case any of the
parties of the Recipient does not respect/perform and/or follow the instructions or
orders of the Provider (or persons authorized by the Provider).
7. If a Recipient is expelled, in accordance with paragraphs 3 and/or 5 of this section,
and/or section V .paragraph 8 of the present GTC, the Recipient is not entitled to be
given back the price paid (nor any of its parts).
IX.Final Provisions
1. The Recipient agrees with enlisting his name, surname, birth number, address (or
company name, company registration number and personal data of a statutory body
of the company and/or other authorized persons from the company), telephone and
email contact into the database which is administered by the Provider for purposes
regulated by legally binding provisions. The Recipient at the same time gives
permission to processing the stated data for the purposes of (I) provision of services
and execution of deals of the Provider and/or of mediators in the scope of the
Contract (II), elaboration of internal analysis and statistics of the Provider, (III)
contacting (providing information), reminding and/or informing about events and/or
services offered by the Provider in the form of writings, electronic communication,
mostly via phone calls, fax messages MMS to the above stated contact data as well as
to other data provided to the Provider in relation with the Contract and in
compliance with the law and individual legal provisions.
2. The Provider is entitled to publish in his own promotion materials (instruments)
and/or promotion materials of the company Slovakia Ring information about Courses
and participant of the Courses (including the recipient) as well as to publish
recordings (parts of it) of the Courses namely of the web page of the Provider and/or
the company Slovakia Ring (no limited by time or territory).
3. The Recipient declares with his signature that providing Services (Courses) (I), there
will be no harm on a state of health of the Recipient, parties of the Recipient or any
other natural person, (II) neither will be done any damage to the property of the
Provider, the Recipient, parties of the Recipient or third persons and that (III) there
will be no intrusion to the rights of third persons including the right for protection
against unfair competition, general personal rights, industrial rights and rights for
designation. Pursuant to § 725 of the Commercial Code, the Recipient as the
promissory is obliged to pay damages to the Provider as the promisee for damages
caused by any eligible financial claims of third persons towards the Provider as the
Provider of the Services by reason of providing Services pursuant to the Contract and
this mainly but not exclusively by settling any payment or other fulfillment applied
towards the Provider. The Recipient as the promissory thus confirms that he asked
the Provider as the promisee to rely on the promise of damage compensation of
Recipient, meanwhile the Provider as the promisee was not obliged to enter neither
a Contract. Contracting parties have explicitly agreed that the provisions of the
Contract and of GTC relating to contractual penalty or damage compensation do not
limit the claim of the Provider for compensation resulting hereto.
4.
All notifications (including withdraw of the provider) made between the
contracting parties referring to the Contract and/or GTC or such which should be
made by the Provider based on the Contract and/or present GTC can be made by the
Provider only in written form and sent by registered mail to the address of the
Recipient which is stated in the Contract or to the address of the Recipient’s
Representative stated in the Contract (in such notifications relate to the Course
which is defined in the Contract). They are considered to be delivered if it can be
clearly proved that they have been sent in compliance with the conditions stated
hereto. Sending of any writing is considered fulfilled even if the address/domicile of
the Recipient and/or his/her Representative has changed but he/she has not
informed to the Provider in writing about this state of fact.
5. General Terms and Conditions, Contract as well as the rights and obligations resulting
from the Contract and the present GTC are regulated by Slovak law and order,
namely by provisions of Act. no 513/1991 of Commercial code (together with the
liabilities which are not subject of relations as stated in § 261 of Civil Code).
6. Integral part of the present GTC:
Annex no.1-Declaration of Participant of the Course
If there are any disputes regarding the provisions of the present GTC and Rules of Operation
of the Provider, Provisions of the GTC take precedence.
7. GTC come into effect on November 18, 2010.
8. Controversies or discrepancies concerning the interpretation or fulfillment of
obligations from the Contract and/or these GTC will be solved during mutual
discussions. In case the controversy cannot be thus settled, it will follow exclusively
the jurisdiction of Slovak courts.
9. The Provider is entitled to alter these GTC at any time. New GTC come into force and
fully replace previous GTC at the end of the 15th (fifteenth) day from the day when
the new wording of GTC has been published on the web page of the Provider on
www.drivingacademy.sk. The Recipient is obliged to traceably inform the Provider in
writing in case the Recipient does not agree with the change of the wording and the
content of GTC; no later than on the day the new wording of GTC comes into effect. If
that case is applicable, the Recipient is obliged to respect the GTC in their previous
(original) wording and content (effective for the Recipient are GTC which approval of
comprehension has been given by the Recipient through signing of the Contract as
amended and if the disapproval of the Recipient has not been announced to the
Provider in the form and deadline as requested by the provisions of present GTC). In
the time of the Course duration, the Recipient shall respect those GTC which are
effective at the respective time spam.
Driving Academy s.r.o.
In Orechová Potôň, November 18th , 2010
General terms and conditions
Provision of Courses
Annex No.1
To
General terms and conditions for providing Courses of the Company Driving Academy
s.r.o.; registered office 800 Orechová Potôň, 930 02,
Company registration number: 45 433 348
Declaration of participant of the Course
(Hereinafter referred to only as ‘’GTC’’)
Under mentioned persons (independently hereinafter referred to as ‘’Participant’’)
assert below mentioned actuality and commit to fill duties of the Participant mentioned
below.
1. The Participant takes part in rides of the Course in the area of the Driving Academy at
his own risk. The Participant takes due note of and confirms that Driving Academy
s.r.o.; registered office 800 Orechová Potôň, 9310 02, Company registration number:
45 433 348, (hereinafter referred to only as ‘’DA’’) does not bear any liability for
damages caused on health and property which may arise for the Participant or to a
third person due to the participant’s ride during the Practical part of the training
Course. The participant declares to be fully liable for any damages and losses caused
by him/her. The Participant is obliged to act in a way that there will be no harm
caused to the health, property, nature or environment with his/her ride and that
he/she will behave with respect to the other riders/drivers in the area of the Driving
Academy – Orechová Potôň (hereinafter referred to as ‘’Driving Academy’’). The
Participant declares that he/she fully bears liability for the damages and harms
caused by him/her during the ride or use of vehicle on the drill field and other part of
the premises of the Driving Academy. The Participant declares to make all necessary
precautions in order to reduce danger of injuries to him/herself as well as other
persons and that he will follow the instructions of the DA representatives. The
Participant confirms to have been instructed on the drill field characteristics where
the rides take place including safety, health and any other risks and dangers
connected with the use of the drill field.
2. The Participant takes due note of the fact that the drill field is not a public road
communication and that the legal or indemnity insurance/accident insurance does
not apply for the rides on the drill filed of the area of the Driving Academy.
3. The participant declares to be holder of a valid driver’s license for the type of the
vehicle, for which the Course is specialized and participated in, that he/she is not and
will not be during the ride under influence of alcohol or any other psychotropic
substance, as well as not in state of impaired attention or concentration. The
Participant agrees that the DA is at all times of the Participant’s presence entitled to
carry out an alcohol test within the area of the Driving Academy and the Participant
may not refuse such test. The Participant guarantees that the vehicle which will be
used for rides on the drill field is in good technical state, that no liquids leak out of
the vehicle and that the tyres are appropriately inflated. The Participant takes notice
and agrees that DA has the exclusive right no to admit the vehicle or the Participant
on the drill field or to disqualify the rider/driver without compensation.
4. The Participant declares to be aware of the existence of objective danger
unpredictable circumstances and general danger of the motor traffic and sport.
Further the Participant declares that his/her vehicle and his/her outfit meets all
safety requirements and that he/she is able to take part in the ride/drive with good
health condition and with the knowledge of all technical parameters of the drill field.
5. The Participant agrees that DA(or its authorized representative) is at all times entitled
to banish the Participant from the area of the Driving Academy if there is a doubt
that the Participant has not respected all conditions and provisions stated in this
Declaration.
6. The Participant takes notice that the area of the Driving Academy may be monitored
with a camera system (i.e. video or audio recordings can be made). The Participant
agrees with these recordings in compliance with previously stated sentence as well as
with the use of such recordings (in case such recording will show the Participant’s
person) for purposes of any judicial, criminal, administrative or other action (even as
material of evidence), as well as proceedings lead by bodies of state administration
and bodies of public authority. The participant issues his approval to the DA and
Slovakia Ring s.r.o.; 800 Orechová Potôň, 930 02, company registration number:44
154 992 (hereinafter referred to as ‘’Ring’’) to make visual (photographic) and audiovisual recordings of the Participant within the area of the Driving Academy and the
permission to use such recordings by DA and/or Ring within/for promotion materials
of the company and their distribution via all communication media (including
internet).
The Participant is at the same time obliged to respect rules as follows:
7. Car drivers are obliged to use a seat belt. On motorcycle rides, the Participants are
obliged to wear an overall with protectors, riding boots, gloves and a helmet. The
outfit has to be designed for motorcycle rides.
8. The drill field of the Driving Academy may be accessed only on designed places. The
Participant is obliged to follow the instructions of DA employees who are in charge of
the drill field operation and to ride on the drill field only in the defined direction.
9. The Participant is obliged to adjust the ride on the drill field to the representatives of
the DA, to his/her abilities, the vehicle state and to current climatic conditions.
Provisions of Act. no. 725/2004 Coll. on conditions of vehicle operation for
transportation on road communications as amended are valid for driving of the race
track.
10. The Participant must not slow down on the drill field abruptly or without reason. In
case of necessity the Participant has to leave the drill field safely.
11. In case of a crash the Participant is obliged to present the vehicle for a technical
check, otherwise he/she will not be again admitted on the drill field.
12. The Participant shall respect the start and the end of the ride as instructed by
employees of the DA in compliance with signaling.
13. The Participant is obliged to drive/ride in such manner as not to threaten or limit
other Participators on the drill field.
14. During the whole time of stay within the premises of the DA, the Participant is
obliged to follow the instruction of the DA employees. The Participant takes over the
responsibility for the accompanying persons and for their behavior and possible
damages and losses caused by them.
15. The Participant takes notice that he/she is entitled to enter only the parts of the area
of the Driving Academy which have been explicitly specified as accessible by the DA
(or its entitled representatives), for the Participant, i.e. the Participant gained explicit
approval for entrance.
16. The Participant is not entitled to make visual (photographic), audio or audiovisual
recordings during his/her presence in the area of the Driving Academy. He/she may
not make an open fire during the presence of the area of the Driving Academy, bring
in and/or hold weapons (including shooting and thrust weapons and explosive
substances or materials, bring and use alcoholic or other narcotic or psychotropic
substances.
17. The Participant is obligated to attend debates (instruction) before riding in the area
of the Driving Academy.
18. The Participant declares to have attended a meeting regarding instructions on the
safety of rides on the drill field and on the organization of rides of the drill field.
He/she also declares to be aware of all technical parameters of the drill field.
19. The Participant is obliged to respect all instructions and orders given by the DA as
well as persons authorized by the DA for the operation of the Driving Academy
including the prohibition of ruthless driving and safety instructions. The Participant is
further obliged to respect the maximum speed limit of 30km/h at the parking area
which forms part of the Driving Academy (hereinafter referred to as ‘’parking area’’)
and at the same time the Participant will refrain from rapid braking in the parking
area, (with exception of sudden braking out of reason of a sudden obstacle in the
driving direction of the vehicle), to refrain from sudden acceleration, intentional
slipping and drifting. In case any of these obligation specified in this Declaration
(including point 19) will be violated by the Participant, the Participant shall pay a fine
of 500,- EUR (five-hundred euro) for each violation of obligations separately. The
Participant shall immediately pay this fine (before leaving the area of the Driving
Academy) when asked (also verbally) by the company DA (or by a person authorized
by the DA) to settle the contractual fine. In case of birth of damage DA has right for
compensation of the incurred loss in full charge. The Participant declares and
confirms his/her approval that the DA (or its authorized representative) is at any time
entitled to ban entrance into the area of the Driving Academy if there is a suspicion
that the Participant has not respected all Participant obligations as specified in point
19 of this declaration.
20. The Participant is obliged to respect all instruction and orders of the DA and RPA
(Rapid Technical Aid) when removing broken vehicles. DA does not take over the
liability for possible damages which may arise through this action.
21. The Participant agrees that the DA processes his/her name, surname, date of birth,
permanent address and email address with the purpose of: (a) verifying his/her
identity and authorization to ride vehicles, (b) registering the list of Event
Participants, (c) enlisting this information into the database (informational system)
which is administered by the DA (d) providing services and execution of transactions
of the company DA, (e) elaborating internal analysis and statistics of the company
DA, (f) contacting (providing information), reminding and/or informing about Events
and/or services offered by the company DA in the form of writings sent to the above
stated contact data, (g) using the specified data by the company DA for marketing
and providing them to third parties which will cooperate with the DA on the
organization of Events and which will be assigned by the DA to carry out marketing
activities for the benefit of the DA, as well as for the purposes (h) which are stated by
the generally valid legal provisions and for the purpose of archiving this Declaration.
Pursuant to this point, the Participant declares his/her approval with the facts stated
herein for the period of 10 years from the date of signing this Declaration. The
Participant may withdraw his consent to use the information by means of a written
cancellation of consent which shall be delivered to the company DA.
22. Arguments or disagreements during the interpretation or fulfill assignations of this
Declaration, as well as all arguments from/related providing Courses for Participant
and/or altering ridings on the drill field of the Driving Academy for the Provider
and/or whatever demands of the Participant or DA concerning for driving and/or
providing Courses and/or validity of this Declaration and/or relation to based on this
Declaration will be liable exclusively jurisdiction of the Slovak court of justice.
Relations based on/arose/related to practicing/practicing riding of the Participant on
the drill field of the driving academy, as well as relations based on this Declaration
and/or receiving Services provided by the company DA regulated in the Slovak body
of lows.
Participants:
Name:
Surname:
Date of birth:
Permanent address:
Number of ID:
Number of Driving License:
Signature and date of signing :
Driving Academy s.r.o.
800, 930 02 Orechová Potôň, Slovak Republik
ICO: 45 433 348, DIC 2023000507:, IC DPH: SK2023000507
Company registered in the Commercial Register in the County Court in Trnava Insert
number: 25174/T, Segment: Sro
www.drivingacademy.sk