General terms and conditions
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the " Terms and Conditions ") govern the rights and obligations of 4Fun Yachting sro , Company Registration Number 21186430, and the customer in the provision of tourism services consisting of arranging private yacht cruises and arranging boat rentals (hereinafter referred to as the "Services"). The Services can be ordered via the web interface on the website https://www.4funyachting.cz/.
1.2. The service provider is 4Fun Yachting sro , company ID 21186430, with its registered office at Bělehradská 858/23, Vinohrady, 120 00 Prague 2 (hereinafter referred to as the " Agency ").
1.3. A customer can be any person, natural or legal, who orders the services of the agency (hereinafter referred to as the " customer "). A customer can be
a) a consumer, i.e. a natural person who is not acting in the course of his business or in the course of his independent profession (hereinafter referred to as the “ consumer ”), or
b) entrepreneur, i.e. a person who independently carries out gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit (hereinafter referred to as " entrepreneur "). If the customer provides his identification number when ordering services, he acknowledges that he is considered an entrepreneur in the contractual relationship with the agency and is not subject to the provisions on consumer protection under the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
1.4. The provisions of the terms and conditions are an integral part of the contract for the provision of services concluded between the agency and the customer.
2. CONCLUSION OF THE CONTRACT
2.1. By placing an order, the customer concludes a contract for the provision of services between the agency and the customer. By placing an order, the customer expresses his/her agreement with these terms and conditions and at the same time declares that he/she has read all information about the specific service ordered, which is available on the agency's website.
2.2. The customer orders services electronically via e-mail to the agency's address info@4funyachting.cz. The order must contain the exact designation of the requested service, date and number of people.
2.3. After receiving the order, the agency will send the customer an order confirmation together with an advance invoice. The contract for the provision of services is concluded upon payment of the advance invoice.
3. PRICE AND PAYMENT TERMS
3.1. The price of services is stated in the contract as the final price including VAT.
3.2. The customer undertakes to pay the agreed price to the agency as follows:
- pay at least 50% of the price of the services within 7 days of ordering the service. If this is not done, the agency has the right to withdraw from the contract.
- the remaining amount up to the full price of the event must be paid so that the agency receives the total payment for the event, including services not included in the price and ordered by the customer, no later than 60 days before the start of the event. In this case, the customer is obliged to pay the agency all costs already incurred and a severance pay.
3.3. In the event of concluding a contract less than 60 days before the provision of services, the customer is obliged to pay the full price of the services upon conclusion of the contract.
3.4. The customer's financial obligation is fulfilled on the day the financial performance is credited to the agency's account, or on the day the agency receives the financial performance.
3.5. Payment for the service is made as an online payment or via bank transfer based on the agency's instructions.
4. CONDITIONS OF SHIPPING, LIABILITY
4.1. Custom cruises are intended for a closed group of people who have specific requirements for the nature of the cruise (route, time, food, drinks) and occupy the entire ship. No one else outside this group of people participates.
4.2. By concluding the contract, the customer confirms that his health and that of all registered persons allows him to participate in the cruise. The customer is obliged to inform about any health restrictions.
4.3. Cruises can be taken by individuals aged 18 and over, accompanied by a legal guardian aged 3 and over.
4.4. Cruise participants are obliged to follow the captain's instructions regarding behavior and movement on the ship. The agency is not responsible for health damage to participants, injuries and problems caused by inappropriate behavior, food, drink, etc.
4.5. If the participants of the cruise will engage in risky sports during the event, they are obliged to arrange special insurance for these purposes.
4.6. The Agency may provide food and drinks for customers on board according to their wishes, but this is not included in the price of the services. The Agency is also not responsible for the level of services provided by third parties.
4.7. The Agency does not provide transportation for the customer to the boat dock at the departure point or parking for the customer's vehicles at the dock.
4.8. The agency provides captains for the cruise who have captain's exams to lead a sea yacht for the relevant sailing area. The captains have skipper's liability insurance and accident insurance, the agency will provide the customer with insurance documents upon request.
4.9. The Agency does not guarantee full compliance with the program and planned cruise routes, especially in the event of force majeure, unavoidable events that it could not prevent, such as natural disasters, outbreaks of unrest, serious illness or injury of a participant or event leader, etc. In these situations, the Agency also has the right to terminate the event. The above-mentioned changes are not grounds for withdrawal from the contract and are not grounds for filing a complaint or financial compensation.
5. CHANGE OF CONTRACT
5.1. The Agency may agree with the Customer to change the concluded contract, which must be confirmed in text form by both parties.
5.2. The details of the event can be agreed upon by the parties even after the conclusion of the contract, even orally without written confirmation. The agency will make every effort to comply with the customer's wishes. However, the customer acknowledges that such arrangements cannot be enforced against the agency, and that the contract cannot be withdrawn or compensation for damages can be claimed due to their non-fulfilment.
6. WITHDRAWAL, ASSIGNMENT, COMPLAINT
6.1. The customer may withdraw from the contract at any time before the provision of services begins.
6.2. The Agency may withdraw from the contract if the customer has breached his obligation.
6.3. The contracting parties may agree on an appropriate severance pay in the event of withdrawal.
6.4. The customer has the right to withdraw from the contract before the start of the trip without paying a termination fee if unavoidable and extraordinary circumstances have occurred at the destination of the trip or stay or its immediate vicinity that have a significant impact on the provision of the trip or the transport of persons to the destination of the trip or stay. In such a case, the customer has the right to a refund of all payments made for the trip, but is not entitled to compensation for damages.
6.5. If a third party meets the conditions for participation in the trip, the customer may assign the contract to them. The customer shall inform the agency of the assignment in a timely manner and proceed according to its instructions.
6.6. In the event that the scope or quality of the services provided by the agency is lower than agreed, it is the customer's obligation to complain about this fact, so that a remedy can be agreed upon without undue delay, if possible on site with the ship's captain.
6.7. The Agency will eliminate the claimed defects or, if necessary, offer the Customer an alternative solution. If this is not possible and if the defect is substantial, the Customer may withdraw from the contract without paying a termination fee. If the proposed alternative solution is of lower quality than that specified in the contract, the Agency will provide the Customer with an appropriate discount.
7. BOAT CHARTER
7.1. This section regulates the conditions under which the agency arranges for the customer to rent a boat (vessel) from a third party - the owner or charter company (hereinafter referred to as the "charter company").
7.2. The Agency is not the lessor of the boat. By placing an order, the customer acknowledges that the boat rental agreement is concluded directly between the customer and the charter company, under the conditions set by this charter company.
7.3. The Agency is not a party to the boat rental agreement and does not sign it on behalf of the charter company. The rental agreement is concluded directly between the customer and the charter company, at the moment of confirmation of the reservation by the charter company, acceptance of its terms and conditions or payment of the relevant payment by the customer.
7.4. The customer is obliged to take over the boat at the time and place specified by the charter company. Upon takeover, a so-called check-in will take place, during which the customer will check the condition of the boat and the inventory.
7.5. Deposits, payments, technical condition of the ship and the check-out process are governed exclusively by the terms and conditions of the charter company.
7.6. When renting without a captain, the customer is responsible for fulfilling all legal conditions for the operation of the vessel. In the case of a captain provided by a third party, the agency bears no responsibility for his activities.
7.7. Changes to reservations, cancellation fees, restrictions and complaints regarding boat rentals are governed by the charter company's terms and conditions.
8. PROTECTION OF PERSONAL DATA
8.1. The customer declares that he has read the agency's personal data processing principles, available here: https://www.4funyachting.cz/gdpr-cz The agency hereby fulfills its information obligation towards the user pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to the processing of the user's personal data for the purposes of performing the contract, negotiating the contract and fulfilling public law obligations.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The Agency hereby informs the customer, who is a consumer, that he has the right to file a motion to initiate out-of-court proceedings in the matter of a consumer dispute arising from a concluded contract, no later than 1 year from the date on which he exercised his right, which is the subject of the dispute, with the Agency for the first time. The competent body for out-of-court resolution of consumer disputes from a contract concluded between the Agency and the customer is the Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The dispute can also be resolved online via the designated ODR platform located at the internet address: http://ec.europa.eu/consumers/odr.
9.2. The rules set by the Czech Trade Inspection Authority, which regulate the procedure for out-of-court settlement of consumer disputes, as well as the form for submitting a proposal, are available to consumers on the website of the Czech Trade Inspection Authority at: adr.coi.cz or www.coi.cz.
9.3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
10. FINAL PROVISIONS
10.1. Unless otherwise provided in these Terms and Conditions, the rights and obligations of the parties are governed by the relevant provisions of generally binding regulations in force in the Czech Republic, in particular the provisions of Section 2521 et seq. of Act No. 89/2012 Coll., the Civil Code and Act No. 159/1999 Coll., on certain conditions of business in the field of tourism.
10.2. If the relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and the court in the Czech Republic has jurisdiction.
10.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The agency may change or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous text of the terms and conditions.
10.5. These terms and conditions come into force and effect on November 16, 2025. The current wording of the terms and conditions is always available at www.4funyachting.cz.
10.6. Agency contact details: registered office address: Bělehradská 858/23, Vinohrady, 120 00 Prague 2, e-mail address: info@4funyachting.cz.
In Prague on November 16, 2025