General Terms and Conditions
of Automotodrom Brno, a.s., ID No. 607 28 825, with its registered office at Ostrovačice, Masarykův okruh 201, postal code 664 81, registered in the Commercial Register maintained by the Regional Court in Brno under file B 1451, for the provision of an e-ticket delivery service regarding:
- tickets for events held in the Masaryk Circuit (Masarykův okruh) motorsport complex,
- public drives/rides,
- motorcycle riding school,
- and go-karts.
I. PURPOSE OF THE GTC
1.1. These General Terms and Conditions of AMD govern the rights and obligations of the contracting parties arising under and in connection with the conclusion of a contract of the parties for the provision of the e-ticket delivery service through the online store operated by AMD.
1.2. According to the contract and these General Terms and Conditions, the e-ticket delivery service is solely provided. The rights and obligations of the consumer as a possible ticket holder are solely the rights and obligations of the consumer to the event organizer or to the ticket transferor, but not to AMD.
1.3. These General Terms and Conditions of AMD apply solely to relationships between AMD and consumers, not to relationships between AMD and entrepreneurs.
1.4. The provisions of these General Terms and Conditions of AMD form an integral part of the contract of the contracting parties for the provision of the e-ticket delivery service through the online store operated by AMD.
1.5. The provisions of these General Terms and Conditions of AMD also govern the rights and obligations of the contracting parties arising in connection with the use of the online store by consumers.
II. BASIC TERMS AND CONDITIONS
THE FOLLOWING INTERPRETATION OF TERMS APPLIES TO THESE GENERAL TERMS AND CONDITIONS:
Event – any event held in the Masaryk Circuit motorsport complex, which may be attended upon presentation of a duly printed e-ticket and for which an e-ticket may be purchased through the online store.
AMD – the company registered by the Regional Court in Brno under file B 1451, Automotodrom Brno, a.s., ID 607 28 825, with its registered office at Ostrovačice, Masarykův okruh 201, postal code 664 81; online store operator; legal entity providing an e-ticket delivery service to the consumer through the online store on the basis of a contract.
Consumer – a natural person who, when concluding a contract and using the online store, does not act in the course of their business or other entrepreneurial activities or in the independent exercise of their profession and have the status of a customer obtaining an e-ticket delivery service through the online store.
E-ticket – a PDF data file which, subject to its proper printing on A4 paper, in this printed form constitutes a ticket – a document entitling one holder of this document to one-time entry to a specific event at a specific location and time period.
Online store – the web portal https://stupenky.brno-circuit.com/ operated by AMD and enabling the conclusion of a contract.
Specific events – individually designated events such as a car or motorcycle race, motorcycle driving school, public drives/rides, etc. as offered in the online store.
Public drives/rides – https://www.automotodrombrno.cz/activities-and-courses/public ride list/
Motorcycle driving school – https://www.automotodrombrno.cz/aktivity-a-kurzy/seznam-motoskol/
Go-karts – Go-karts for everyone – Automotodrom Brno
Entrepreneur – a natural or legal person who, when concluding a contract and using the online store, acts in the course of their business or other entrepreneurial activities or in the independent exercise of their profession.
Contract – contract for the provision of an e-ticket delivery service through the online store concluded for an indefinite period between the contracting parties; the GTC and other terms and conditions form its integral part.Contracting parties – AMD and the consumerGTC – these General Terms and Conditions of AMD for the provision of the e-ticket delivery service, which form an integral part of the contract.
III. CONCLUSION OF THE CONTRACT
3.0. Order
3.1. The consumer is allowed to order an e-ticket or e-tickets from AMD in the online store. The consumer may order a maximum of 10 (ten) pieces/tickets, 6 (six) pieces/public drives or rides, e-tickets intended for a specific event.
3.2. The online store contains an overview of specific events, including the price of an e-ticket for a specific event; the price of an e-ticket for a specific event is stated including all taxes and fees in CZK and EUR. An e-ticket for a specific event may be ordered from AMD for as long as the specific event is included in the online store overview. Listing a specific action in the online store overview is not a proposal to conclude a contract. The consumer’s order is a proposal to conclude the contract.
3.2.1. When ordering an e-ticket or e-tickets, the consumer takes the following steps:
a) the consumer enters the online store at www.automotodrombrno.cz
b) the consumer selects a specific event for which they intend to order an e-ticket or e-tickets from the list of specific events contained in the online store
c) the consumer “adds to their cart” an e-ticket or e-tickets in the required quantity by using the online store web button “add to cart”; the consumer is entitled to add to their cart the number of e-tickets for a specific event in accordance with Article 3.1. of the GTC; if the consumer is invited to do so in the online store, they will select the required stand and the required stand seat before adding the e-ticket(s) to the cart
d) the consumer checks whether there is an e-ticket or e-tickets in the online store cart that they intend to order; in order to change the contents of the cart, the consumer updates the online store page by pressing the “update” button of the browser, subsequently it is possible to newly start adding e-tickets to the empty cart
e) if the cart content corresponds to the intended order of the consumer, the consumer presses the web button “Continue in the order”
f) afterwards the consumer is presented with a form in which the consumer is obliged to fill in the asterisked information necessary for placing the order; the consumer may also fill in other information in the form. The consumer’s e-mail address is always a mandatory (asterisked) detail necessary for placing the order. The consumer is obliged to fill in all data in the form that are necessary for placing the order as well as all other data completely, correctly and truthfully and is responsible for the completeness, correctness and truthfulness of such data.
g) the consumer checks the completeness, correctness and truthfulness of the information provided in the form that are necessary for placing the order and other information, and supplements or corrects these as the case may be
h) if the information necessary for placing the order and other information in the form is complete, correct and true, the consumer presses the web button “Proceed to payment”
i) by ticking the relevant web field, the consumer selects one of the methods offered by the online store for the payment of the price of the ordered e-ticket(s)
j) after the consumer sees the web page summarizing the order, the consumer checks the accuracy, completeness and truthfulness of all the information stated in the order as well as whether the contents of the cart are in accordance with the intended order of the consumer
k) in order to change the contents of the cart or to change the data necessary for placing the order or other data, the consumer repeatedly presses the “back” button of the internet browser until the consumer gets to the web page on which it is possible to change the contents of the cart or to change or supplement the data necessary for placing the order and other data; then the consumer proceeds as when formerly placing the order
l) if the information necessary for placing the order and other information provided in the form is correct, complete and true, and if the contents of the cart correspond to the consumer’s intention to order an e-ticket or e-tickets, the consumer will familiarize themselves with the GTC and other possible standards (e.g. the Masaryk Circuit Visitor Regulations published on the web address referred to in Paragraph 9.7. of Article IX. of the GTC) or proposed contractual arrangements (e.g. specific conditions for the use of an e-ticket or ticket set out by the organizer of a specific event, operating and visiting rules of the organizer of a specific event, etc.) (these other possible standards or proposed contractual arrangements are also referred to in the contract as “additional terms and conditions”. By ticking the web fields displayed for individual active links to the wording of the GTC and, as the case may be, to the wording of additional terms and conditions, the consumer confirms that they have become familiar with the wording of the GTC or additional terms and conditions, that they fully understand and agree with them, and such wording will, according to their proposal, become an integral part of the contract. By ticking the web fields displayed for individual active links to the wording of the GTC and, as the case may be, to the wording of additional terms and conditions, the consumer also accepts all rights and obligations set out for them by the GTC or additional terms and conditions.
m) by pressing the web button “Finish”, the consumer sends the order to AMD, and after such sending of the order to AMD it is not possible to change or withdraw the order without the consent of AMD
n) the consumer is obliged to deliver to AMD a written notice of any change in the data necessary for placing the order or other data, immediately after the change occurs
o) all data necessary for placing the order and other data stated in the order as well as all data stated in the notice of a change of data necessary for placing the order and other data stated in the order are considered by AMD to be correct, true and complete; the consumer is fully responsible for any incorrectness, falseness and incompleteness.
3.2.2. The consumer is also allowed to place an order for goods from the consumer’s own user account after setting up this own user account and logging into this own user account.
3.2.2.1. The consumer’s own user account is the consumer’s user account created on the basis of the consumer’s registration in the online store.
a) The consumer registers themselves after pressing the web button “Register” located in the online store. After pressing this button, the consumer is presented with a form in which the consumer is required to fill in the asterisked information necessary for setting up their own user account, which also corresponds to the information necessary for placing the order. The consumer may also fill in additional information in the form. The e-mail address of the consumer is always mandatory information. The consumer is obliged to state all the information provided in the form completely, correctly and truthfully and is responsible for such information. The consumer checks the completeness, correctness and truthfulness of the information provided in the form and, if required, supplements or corrects it. If the information in the form is complete, correct and true, the consumer presses the web button “Complete registration”. The consumer’s own user account is created after pressing the web button “Complete registration”.
b) The consumer’s already existing user account is logged in via the login form in the online store, when entering the user name, which is the consumer’s e-mail address, and the password chosen when setting up their own user account or created by changing the password in their own user account.
c) After logging in to their own user account, the consumer may order an e-ticket or e-tickets according to the procedure specified in Paragraph 3.2.1 a)-e) and i)-m) of the GTC. The data to be provided in the order that are necessary for placing the order as well as other data are automatically filled in the order according to the data entered in the consumer’s own user account. The consumer is obliged to update the data in their user account whenever they are changed so that they remain complete, correct and true throughout the existence of the consumer’s user account. The consumer is responsible for the completeness, correctness and truthfulness of the data necessary for placing the order as well as other data. The data provided in the user account are considered by AMD to be complete, correct and true.
d) The access to the user account is secured by the username and password. The consumer is obliged to maintain confidentiality of the data necessary for accessing their user account. The consumer is responsible for a possible use of the consumer’s user account by a third party. AMD is not responsible for any use of the consumer’s user account by a third party. The consumer is not entitled to allow a third party to use the consumer’s user account.
e) The consumer logs out of their user account by pressing the web button “Log out” on the web page of the consumer’s user account.
f) The consumer may cancel their user account after logging into their user account and pressing the web button “Unregister” on the web page of their user account and then confirming their choice by pressing the web button “Really unregister”.
g) AMD may cancel the consumer’s user account, especially if the consumer does not log in to their user account for more than one calendar year, or if the consumer breaches any of their obligations under the contract.
3.2.3. The consumer acknowledges and agrees that neither the online store nor the consumer’s user account may be accessible to the consumer continuously.
3.2.4. The consumer’s order is deemed to have been delivered to AMD when it reaches AMD’s sphere of availability.
3.0. ORDER CONFIRMATION
3.3. Immediately after receiving the consumer’s order, AMD confirms the delivery of the order to the consumer by sending a confirmation of receipt of the order to the e-mail address stated in the order. AMD is not responsible for any malfunction of the consumer’s e-mail address and e-mail box.
3.0. ORDER ACCEPTANCE – CONTRACT CONCLUSION
3.4. After delivery of the order, AMD accepts the order by sending the order acceptance notice to the consumer to the e-mail address specified by the consumer in the order. The order acceptance notice contains, in particular, the express manifestation of acceptance of the unmistakably identifiable order. The order acceptance notice is deemed to have been delivered to the consumer at the moment of its sending to the e-mail address specified or subsequently changed by the consumer. By delivering the order acceptance notice to the consumer, a contract is concluded between the contracting parties. AMD is not responsible for any malfunction of the consumer’s e-mail address and e-mail box.
3.5. Before placing the order, the consumer has access to the full wording of the contract, including the wording of the GTC and additional terms and conditions. After placing an order, these GTC and additional terms and conditions are available at the link located on the AMD website.
3.6. AMD is not obliged to conclude a contract with a consumer especially if the consumer has breached their obligations to AMD in the past or if AMD loses the right to handle the ordered e-ticket(s).
3.7. The consumer agrees to the use of means of distance communication when concluding the contract.
3.8. Each of the contracting parties bears its own costs incurred by it when concluding the contract.
3.9. In the event that there was an obvious technical error on the part of AMD when stating a price in the online store or during the ordering process, AMD is not obliged to deliver an e-ticket to the consumer for this clearly erroneous price even if the consumer was sent an automatic confirmation of receipt of the order under these Terms and Conditions. AMD informs the consumer of the error without undue delay and sends an amended offer to the consumer’s e-mail address. The amended offer is considered a new draft contract, and in such a case the contract is concluded by a confirmation of acceptance by the consumer to the e-mail address of AMD.
IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
4.1. Conclusion of the contract obliges the consumer to pay AMD the price of all e-tickets under the contract within a period .
4.2. Upon conclusion of the contract, AMD is obliged to deliver all e-tickets under the contract to the consumer within two working days from the date on which the price of all e-tickets under the contract is paid by the consumer.
4.3. The consumer consents to AMD commencing the performance under the contract, in particular the delivery of the e-ticket(s) under the contract, immediately after the conclusion of the contract, i.e. even before expiry of the withdrawal period, and expressly requests AMD to commence the performance under the contract before the period for withdrawal by this consumer expires.
4.4. The consumer is entitled to choose to pay the price of all e-tickets under the contract in either EUR or CZK. The price of all e-tickets under the contract is determined as the price of all e-tickets under the contract, including all taxes and fees, at the time of placing the order.
4.5. The consumer is obliged to pay the price of all e-tickets under the contract in the manner specified in the contract, i.e. in the manner chosen by the consumer in the order and accepted by AMD in the order acceptance notice.
4.5.1. The price of all e-tickets or the e-ticket under the contract may solely be paid by cashless means, namely as follows:
a) by online payment by a payment card
b) by bank transfer
and the AMD account to which the consumer is obliged to pay the price of all e-tickets under the contract is specified in the order acceptance notice, just like the variable symbol under which the consumer is obliged to pay the price of all e-tickets under the contract.
4.6. The consumer’s obligation to pay the price of all e-tickets under the contract is fulfilled at the moment when the price of all e-tickets under the contract is credited to the seller’s account specified in the order acceptance notice under the variable symbol specified in the order acceptance notice. If the relevant variable symbol is not stated, AMD is not obliged to supply the consumer with the e-ticket(s) under to the contract. In the event of only a partial payment of the price of the e-ticket(s) under the contract, AMD is not obliged to supply the consumer with the e-ticket(s) or a part thereof under the contract.
4.7. The consumer is not automatically obliged to make any further payment into AMD’s account under the contract, especially the consumer is not obliged to pay the costs associated with the creation and delivery of all e-tickets or the e-ticket under the contract.
4.8. All e-tickets under the contract are deemed to have been delivered to the consumer at the moment when they are sent by AMD to the e-mail address specified in the order. This moment is also considered the moment of receipt of all e-tickets under the contract by the consumer, and at this moment the risk of damage to each e-ticket passes to the consumer. AMD is not responsible for any malfunction of the consumer’s e-mail address and e-mail box. Upon delivery of the e-ticket, the risk of accidental destruction and accidental deterioration of the e-ticket passes to the consumer. The consumer’s ownership right to an e-ticket arises when the e-ticket is received, but not before the consumer has paid the price of all the e-tickets. In the event of repeated delivery of an e-ticket for reasons on the part of the consumer, the consumer is obliged to pay the costs associated with such repeated delivery.
4.9. If an e-ticket is to become a document entitling one holder to a single entry to a specific event at a specific location and time period (ticket), it must be by the consumer at their own expense, unless otherwise specified by the organizer of the specific event, in such a way that all e-ticket data remain complete and fully legible. Specific conditions for using an e-ticket or ticket by the consumer are set out by the organizer of the specific event. The consumer becomes familiar with such terms and conditions at the conclusion of the contract and expresses their acceptance of them. AMD, as an e-ticket delivery service provider, is responsible solely for the quality of the e-ticket at the time of its delivery to the consumer; AMD is not responsible for the printing quality of the e-ticket. AMD undertakes to inform consumers of any changes to the specific terms and conditions of use of the e-ticket by the consumer.
4.10. The consumer acknowledges and agrees that a duly will become a document entitling its holder to a one-time entry to a specific event at a specific location and time period only for the first person duly and timely presenting such a document. For any other persons, even if they properly and timely presented a duly printed e-ticket, a duly printed e-ticket will not become a document entitling such persons to a one-time entry to a specific event at a certain location and time period. AMD is not responsible for any handling of an e-ticket after it has been delivered to the consumer.
4.11. The consumer is obliged to check these e-tickets immediately after receiving them under the contract, in particular to check their accuracy and completeness as well as that all e-tickets delivered to the consumer are in conformity with the contract. In the event of finding any defects of the delivered e-ticket, in particular in the event of finding any incorrectness or incompleteness of the e-ticket or in the event of non-conformity of the delivered e-ticket with the contract, the consumer is obliged to immediately deliver a written notification to AMD.
4.12. The consumer is not entitled to handle in any way any e-tickets and their printouts that have reached the consumer’s sphere of availability other than duly under the contract.
4.13. The consumer becomes familiar with all additional terms and conditions before concluding the contract, accepts them and makes them a part of the consumer’s offer.
V. COMPLAINTS
5.1. AMD is responsible to the consumer for the proper and timely provision of the service under the contract. AMD is not responsible to the consumer for the proper and timely provision of the service under the contract, especially if AMD did not properly and timely provide the service under the contract due to the acts or omissions of the consumer.
5.1.1. AMD is responsible to the consumer for ensuring that all e-tickets delivered to the consumer are in conformity with the contract when being delivered. AMD is not responsible to the consumer for ensuring that all e-tickets delivered to the consumer are in conformity with the contract when being delivered if, in particular, any non-conformity with the contract was caused by the consumer or if the consumer knew about the non-conformity before taking delivery of the e-ticket.
5.2. The rights and obligations of the contracting parties arising as a result of not proper or not timely provision of services under the contract are governed accordingly by the provisions of Part Four, Title I, Chapter 7, Division 1 of Act No. 89/2012 Coll., the Civil Code, as amended.
5.3. If AMD fails to provide the service under the contract in a timely manner, the consumer is obliged to deliver a written notice to AMD without delay, no later than within 2 working days from the date of AMD’s default. AMD is obliged to provide the service under the contract within an additional period of 2 working days from the date of delivery of the consumer’s written notice under this provision, unless a longer period is specified by the consumer. If AMD fails to provide the service under the contract even within such an additional period, the consumer is obliged to deliver a written notice to AMD without delay, no later than within 2 working days from the date of AMD’s delay in providing the service under the contract within the additional period. At the same time, the consumer has the right to withdraw from the contract. This right may be exercised by the consumer within two working days from the date of commencement of AMD’s delay in providing the service under the contract within an additional period, after which this right expires.
5.3.1. If the nature of the matter implies that the consumer cannot have an interest in delayed performance of the contract, the contract is cancelled from the beginning unless the consumer informs AMD without undue delay that they insist on the performance of the contract.
5.4. If AMD does not provide the service properly under the contract, the consumer is obliged to deliver a written notice to AMD without delay, no later than within 2 working days from the date of providing not proper performance by AMD. AMD is obliged to properly provide the service under the contract within an additional period of 2 working days from the date of delivery of the consumer’s written notice under this provision, unless a longer period is specified by the consumer. If AMD fails to provide the service under the contract even within such an additional period properly, the consumer is obliged to deliver a written notice to AMD without delay, no later than within 2 working days from the date of commencement of AMD’s delay in properly providing the service under the contract within the additional period. At the same time, the consumer has the right to withdraw from the contract. This right may be exercised by the consumer within two working days from the date of commencement of AMD’s delay in providing the service properly under the contract within an additional period, after which this right expires.
5.5. If the consumer is supplied with an e-ticket that is not in conformity with the contract, the consumer is obliged to keep the e-ticket unchanged for at least 30 calendar days from the date of delivery of the notice of non-conformity of the supplied e-ticket with the contract to AMD, unless a different period is specified by AMD.
5.5.1. The consumer is entitled and obliged to exercise all rights under the provisions of Article V. of the GTC at the e-mail address of AMD: objednavky@brno-circuit.com.
5.6. If in the course of an event there is such a change in conditions, especially weather conditions and those caused by force majeure, which could not be averted by AMD and which will not allow safe execution of the event, AMD is not obliged to refund the payment.
VI. TERMINATION OF RIGHTS AND OBLIGATIONS UNDER THE CONTRACT
6.1. The consumer acknowledges that due to the nature of the performance in the form of an e-ticket, when a contract for the use of free time is concluded, the consumer is not allowed to withdraw from the contract, except in the cases defined in the contract and these GTC, in accordance with the provisions of Section 1837 of Act No. 89/2012 Coll., the Civil Code.
6.2. In the event of purchase of an e-ticket or gift voucher which is not connected with a specific date of an event, motorcycle driving school or public drives/rides, the consumer has the right to withdraw from the contract within 14 days from the date of
6.3. The consumer is entitled and obliged to exercise the consumer’s right of withdrawal under this provision of the GTC solely in the form of a written notice sent to AMD to the following e-mail address of AMD: objednavky@brno-circuit.com. The consumer is entitled and obliged to send the withdrawal notice to the e-mail address of AMD specified in this provision within the period set out for withdrawal, otherwise the withdrawal is ineffective. The withdrawal form is contained in the annex to these GTC.
6.4. The consumer is not entitled to withdraw from the contract if a specific date for its use has already been booked through an e-ticket or gift voucher, in accordance with the provisions of Section 1837 (j) of Act No. 89/2012 Coll., the Civil Code.
6.5. If the consumer withdraws from the contract, and AMD has commenced the performance at the express request of the consumer before expiry of the withdrawal period, the consumer shall pay AMD a proportion of the agreed price for the performance provided until the moment of withdrawal. If the agreed price is unreasonably high, the consumer shall pay AMD a proportion of the price corresponding to the market value of the performance provided.
6.6. AMD has the right to withdraw from the contract without any penalty within fourteen days if the price of all e-tickets under the contract is not paid by the consumer even within 10 days from the date of conclusion of the contract.
6.7. Upon withdrawal from the contract, the contract is cancelled from the beginning. The contracting parties are obliged to return to each other everything they have performed for each other under the contract. After withdrawal from the contract, the e-ticket is not to be returned. After withdrawal from the contract, the consumer is not entitled to handle the e-ticket or its printout in any way. AMD is obliged to return the price of e-tickets paid by the consumer under the contract without delay, but no later than within fourteen days from the date of withdrawal from the contract, unless otherwise specified, into the bank account specified by the consumer for this purpose in the withdrawal notice. If such an account is not specified by the consumer in the withdrawal notice, the consumer is entitled to specify such an account additionally at the following e-mail address of AMD: objednavky@brno-circuit.com. In the event of such additional account specification, AMD is obliged to refund the paid price of e-tickets under the contract to the consumer without undue delay after such additional account specification reaches the AMD sphere of availability at the e-mail address: objednavky@brno-circuit.com.
6.8. The contract is cancelled automatically from the beginning if the price of all e-tickets under the contract is not paid by the consumer even within 10 days from the date of conclusion of the contract and if the performance of the contract by AMD did not start within that period.
6.8. The consumer is also entitled to withdraw from the contract under provision 6.1. or 6.2. of the GTC by duly filling in and submitting the form as specified in Annex No. 1 to the GTC.
VII. PERSONAL DATA PROTECTION
7.1. Consumer’s data protection is governed by Act No. 101/2000 Coll., on the protection of personal data and by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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. The controller of personal data pursuant to Article 4 (7) of the Regulation is Automotodrom Brno, a.s., ID 607 28 825, with its registered office at Ostrovačice, Masarykův okruh 201, postal code 664 81, and the controller’s contact details are: postal address: Automotodrom Brno, a.s., P.O.Box 1, 641 00 Brno 41; e-mail address: info@automotodrombrno.cz; telephone number: +420546123300.
7.2. The consumer hereby gives AMD, as the controller and processor of personal data, their consent to the processing of their personal data provided voluntarily by them as data necessary for placing an order or as additional data when placing an order or when opening and managing their user account. In particular, the consumer consents to the processing of the following of their personal data: academic degree, first name, surname, permanent address, delivery address, e-mail address, and telephone number. The provision of personal data by the consumer is voluntary provision of personal data.
7.3. The consumer’s consent is given for an indefinite period from the date of conclusion of the contract.
7.4. The consumer’s personal data are processed with the consumer’s consent under the contract for the purpose of fulfilling the contract, for the purpose of maintaining the consumer’s user account as well as for the purpose of sending information and commercial messages to the consumer and for marketing purposes of AMD.
7.5. All personal data of the consumer are processed by AMD on a password-protected PC server in electronic form in an automated manner or in printed form in a non-automated manner, and access to them is given to AMD, not to any third parties
.
7.6. The consumer is given the right of access to their personal data processed by AMD and the right to their correction as well as other rights given to them by Act No. 101/2000 Coll., in particular by the provision of Section 21 of this Act, and by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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.
7.6.1. Should the consumer believe that AMD is processing their personal data in violation of the protection of the consumer’s private and personal life or in violation of the law, especially if the personal data are inaccurate and with regard to the purpose of their processing, the consumer may ask AMD for clarification or require AMD to remedy the situation. In particular, this may include blocking, correction, completion or destruction of personal data. If such a consumer request is found to be justified, AMD will promptly remedy the defective situation. If AMD does not comply with a legitimate request, the consumer has the right to contact directly the Office for Personal Data Protection. This provision is without prejudice to the consumer’s right to contact the Office for Personal Data Protection directly with their complaint.
7.6.2. If the consumer requests information about the processing of their personal data, AMD is obliged to provide this information to them. AMD has the right to demand reasonable compensation for providing the information under the preceding sentence, not exceeding the costs necessary to provide the information.
7.7. The consumer has the right to object in writing to the further processing of their personal data by AMD. Further information on consumer rights is available on the website of the Office for Personal Data Protection.
7.8. The consumer undertakes to ensure that all data necessary for placing an order as well as all other data provided by the consumer when placing an order or when opening and managing their user account are true, correct and complete. The consumer undertakes to inform AMD immediately in writing of any changes in such data.
VIII. COMMON PROVISIONS
8.1. The consumer acknowledges and accepts that the software and other components constituting the online store are protected by copyright. The consumer undertakes not to engage in any activity that could make it possible for the consumer or third parties to interfere with or use the software or other components of the online store without authorization. When using the online store, the consumer is not entitled to use any mechanisms, software or other procedures that could negatively affect the operation of the online store. The online store may be used only to the extent that is not to the detriment of the rights of third parties and that is consistent with its purpose.
The consumer acknowledges and agrees that AMD is not responsible for any errors arising from interference of third parties in the online store or from the use of the online store contrary to its purpose.
The consumer acknowledges and agrees that AMD is not responsible for the proper functioning of the consumer’s software and hardware, in particular that AMD is not responsible for the proper functioning of the consumer’s e-mail address and e-mail box.
8.2. During the purchase process, The consumer gives consent to the storage of cookies on the computer used by the consumer. If it is possible to make a purchase in the online store and fulfil AMD’s obligations under the contract without storing cookies on the computer used by the consumer, the consumer may withdraw their consent under the previous sentence at any time in writing.
8.3. AMD is entitled to provide the service under the contract on the basis of a trade license. The provision of the service under the contract is not subject to any other authorization. Trade inspections are carried out by the competent Trade Licensing Office within the scope of its competence.
8.4. The contract may be concluded in Czech, German or English. The contract is archived by AMD in electronic form on a password-protected PC server and is not accessible to third parties, but is accessible to the consumer if the consumer requests so in writing and pays AMD the efficiently incurred cost of making it available to the consumer. Delivery under the contract is possible only to the postal addresses, e-mail addresses and telephone numbers specified in the contract and from the e-mail addresses and telephone numbers specified in the contract as well as from any postal addresses. Documents may also be served in person. Unless otherwise specified in the contract, the consumer’s postal address is each postal address, the consumer’s e-mail address is each e-mail address and the consumer’s telephone number is each telephone number as specified in the data necessary for placing an order or in other data specified in the order or in the consumer’s user account; in the event of delivery of a written notice of a change in the data necessary for placing an order and other data specified in the order, the specific new data stated in such a written notice replace the original data. Unless otherwise specified in the contract, the AMD’s postal address is the following postal address: Automotodrom Brno, a.s., P.O.Box 1, 641 00 Brno 41; AMD’s e-mail address is as follows: info@automotodrombrno.cz ; and AMD’s telephone number is as follows: +420546123300. A contracting party is entitled to change the postal address, e-mail address or telephone number specified in the contract by a unilateral written declaration delivered to the other contracting party. If the contract requires a written form of an act, this requirement is also met, unless otherwise specified, when using e-mail communication from and to the e-mail address specified in the contract. Unless otherwise specified in the contract, a document served electronically is deemed to have been served on the date of sending to the e-mail address specified in the relevant contract.
8.5. The consumer hereby expressly and in accordance with the provisions of Section 1765 (2) of Act No. 89/2012 Coll., the Civil Code, as amended, assumes the risk of a change in circumstances.
IX. FINAL PROVISIONS
9.1. The contract as well as all relations arising under or in connection with the contract are governed by Czech law.
9.2. In the event that there is a consumer dispute between AMD and the consumer arising from a contract concluded on the basis of these GTC that cannot be resolved by mutual agreement, the consumer may file a motion for out-of-court settlement of such a dispute with the entity designated for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2. E-mail: adr@coi.cz, website: adr.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
9.3. Any disputes arising from or in connection with the legal relations established by the contract will be decided by the Czech courts under Czech law. In the event of a dispute arising from or in connection with a legal relationship established by a contract, the consumer and AMD have agreed on the jurisdiction of the Czech courts, which will adjudicate disputes according to the Czech procedural law.
9.4. If any provision of the contract is or becomes invalid or ineffective, such invalidity or ineffectiveness shall not cause the invalidity or ineffectiveness of the other provisions, which shall be interpreted and applied with regard to the meaning and purpose of the contract.
9.5. Any changes or additions to the contract may only be made in the form of written amendments.
9.6. The consumer has become familiar with the GTC and accepts them without reservation.
9.7. The consumer has become familiar with and unreservedly accepts the Masaryk Circuit Visitor Regulations, which are published on the website: http://www.automotodrombrno.cz/cz/navstevni-rad, and accepts the obligations arising for the consumer from these Regulations.
9.8. The GTC come into force and effect on 9 October 2023.