General Terms and Conditions of NAVacademy

Provider: NAV Flight Services, LLC
Address: Karlovarská 814/115, 161 00 Prague 6 – Řepy
ID: 25741195
Registration in the Commercial Register of the Municipal Court of Prague, Section C, File 66001
Contact email: nav@nav.cz
(Hereinafter “Provider”)

 

I. Glossary of terms

1.1 Educational Event: An educational event means a service providing education to individuals (courses, training, discussions, conferences, lectures, etc.) by the Provider by contractual agreement.

1.2 GTC: These are the General Terms and Conditions of NAVacademy, which are terms and conditions in accordance with the provisions of Section 1751 of the Civil Code.

1.3 Contract: Any contract concluded with the Provider, the object of which is the obligation of the Provider to provide or arrange the provision of the Educational Event, whereby reference is made to these GTC in accordance with the provisions of Section 1751 of the Civil Code. Such a Contract may be concluded in various forms, e.g. in the form of a separate contract, a framework contract, an order confirmed by both Parties, also in writing or orally or by means of electronic communication.

1.4 Customer: The person who has concluded the Contract with the Provider.

II. Introductory provisions

2.1 These GTC are part of each Contract and are binding terms and conditions that the Parties to the Contract are obliged to follow.

2.2 The arrangements in the Contract shall take precedence over the rules in the GTC.

2.3 The provision of Educational Events is not intended for customers within the meaning of the Civil Code.

III. Providing Educational Events

3.1 The Provider publishes the basic offer of Educational Events, including terms, scope, content and price on its website www.nav.cz. The Provider may modify the dates of Educational Events during the course of the year according to their needs and operational capabilities, but no later than 5 working days prior to the Educational Event; the Provider shall inform the Customer about any such change without undue delay and the Customer shall then inform the Provider within 3 working days whether they are withdrawing from the Contract in the section dealing with the affected Educational Event, otherwise they accept the change; withdrawal in this case can be done without a cancellation fee.

3.2 The basic price of the Educational Event includes:
a) Instruction according to a curriculum devised by professional and qualified trainers and instructors;
b) Study materials in printed or electronic form (if stated in the conditions for the particular Educational Event);
c) Meals (if stated in the conditions for the particular Educational Event)
d) Taking final examinations according to the type of Educational Event (if stated in the conditions for successful completion)
e) Award of a certificate for completing the Educational Event after passing the final examinations according to the type of Educational Event (if stated in the conditions for successful completion)

3.3 The Customer may conclude a Contract with the Provider where the object is to ensure either the participation of the Customer (or their designated individuals) at the scheduled Educational Event under article 3.1 of the GTC or provide an Educational Event tailored to the Customer under individually negotiated conditions.

3.4 Individual Contracts will be concluded in the manner that the Customer informs the Provider of their desire for specific services (e.g. via the contact or booking form on the website, by email, phone call, etc.), and the Provider shall prepare a draft order with a suggested price based on it, and the Customer shall send the Provider their confirmation. If, however, the Provider rejects the confirmation of the order within 3 working days of receiving it (e.g. due to a long delay by the Customer with confirming the order, whereby the order is already out of date), the Contract will not be validated. As a condition for concluding the Contract, the Provider may request the Customer to sign a printed form of the Contract.

3.5 Based on the conclusion of the individual Contract, the Provider shall send the Customer a proforma invoice for the agreed price of the Educational Event. The Provider is not obliged to provide the Educational Event to the Customer until this proforma invoice has been fully paid. Unless the Customer pays the proforma invoice at least one working day prior to the contracted start date of the Educational Event, the Provider will no longer be obliged to provide the Customer the Educational Event; this does not, however, affect the right of the Provider to a possible cancellation fee under article 4.3 of the GTC.

3.6 The Customer shall receive an invoice-tax document at the email address indicated in the Contract within 5 working days of the deposit of the amount into the account of the Provider. The Customer agrees to receive tax documents from the Provider in electronic form to the email address of the Customer.

3.7 The Customer shall make all payments for proforma invoices or tax documents via bank transfer to the account indicated on the proforma invoice or tax document.

3.8 The statutory rate of VAT shall be added to all prices.

3.9 In the event the Customer is late with paying any monetary obligation under the Contract, the Provider is entitled to require the Customer to pay interest on arrears in the amount of 0.05% of the outstanding amount for each day of delay.

IV. Cancellation of Educational Events

4.1 The Provider is entitled to cancel an Educational Event at any time, especially for serious operational reasons. The Provider shall inform the Customer about it without undue delay so that any detriment to the Customer (prevention obligation) is minimized. If for any reason the Provider cancels an Educational Event, the price paid by the Customer for that Educational Event shall be refunded within 5 working days of receiving the bank account number of the Customer. The Provider is not responsible for damages caused by the cancellation of the Educational Event; this does not affect the liability for damages caused by a breach of the prevention obligation, but such compensation can only be applied to the amount of the price agreed for the concerned Educational Event (excluding VAT).

4.2 The Customer is entitled to withdraw from the Contract without giving any reason within a period not later than 10 working days prior to the start of the respective Educational Event and without paying the price of the Educational Event. The Customer has the option of asking the Provider to schedule this Educational Event for the next available date. A later withdrawal from the Contract will not be considered. The following particulars must accompany the withdrawal from the Contract: identification of the Customer, designation of the Educational Event, account number for the refund.

4.3 If the Customer cancels their participation in the Educational Event within 10 working days before the start of the Educational Event, which will also be considered the failure to pay the proforma invoice by the deadline stipulated in article 3.5 of the GTC, the Provider is entitled to require the Customer to pay a cancellation fee in the amount of 100% of the price of the canceled Educational Event.

V. Reference

5.1 The Provider is entitled to publish the fact that the Customer has used the Educational Events of the Provider in their information and advertising material and may likewise share this information on the Internet or via other means of communication (hereinafter “Reference”). For this purpose, the Provider is also entitled to use the current logo of the Customer or a brief description. In whatever way the Reference is used, it must protect the reputation of the Customer.

VI. The protection of information and intellectual property

6.1 The Parties undertake to maintain the confidentiality of all essential matters obtained during their activities under this Contract, especially matters that form their trade secrets and confidential information.

6.2 The Parties consider matters of an operational or commercial nature that either Party learns about in connection with activities under this Contract, which are not publicly available and which are labeled confidential by the Party, to be confidential information.

6.3 The Parties also include trade secrets within the meaning of Section 504 of the Civil Code under the term “confidential information”. A breach of confidential information is a categorized act by which one Party shares or makes available confidential information to another person or entity without authorization, for themselves or for other uses, which they obtain from the other Party in the course of their activities, if that act is contrary to the interests of the other Party, and they do so without their consent.

6.4 A breach of confidentiality is not:
a) the provision of confidential information to the extent necessary to the authorities or to persons who have a legal right to this information and for checking the activities of the Parties;
b) providing confidential information to persons legally bound by confidentiality obligations (e.g. notary, lawyer, tax advisor).

6.5 The Parties are bound by this confidentiality obligation for the duration of the matters that constitute the confidentiality obligation, unless that confidentiality becomes waived or the information becomes publicly available. The Parties are obliged to maintain the confidentiality of confidential information even after the end of the Contract.

6.6 The Customer acknowledges that the study materials, presentations, the contents of oral or audiovisual lectures provided by the Provider are subject to their intellectual property rights, particularly copyright. The Customer expressly undertakes to refrain from any act that would interfere in the intellectual property rights of the Provider without their prior consent, particularly by creating, posting or publishing physical or digital copies of these articles of intellectual property.

6.7 In the event of a breach of any of the obligations under articles 6.1 to 6.6 of the GTC by the Customer, the Provider has the right to require a contractual penalty from the Customer in the amount of 10,000 CZK. The penalty is due within 14 days from the date the Customer was summoned by the Provider to pay it.

VII. The protection of personal data

7.1 The Provider is obliged to ensure the protection of personal data in accordance with the law. The Customer is responsible for ensuring that the personal data communicated by them to the Provider has been obtained and transmitted in accordance with the law.

VIII. Amending the GTC

8.1 The Provider is allowed to change these GTC or any part of them at any time. The Provider shall notify the Customer about the change in the GTC together with sending them the new version of the GTC (or link to their location on the Internet). The Customer may express their disagreement with the new GTC by withdrawing from the Contract within 14 days of receiving the notification from the Provider, otherwise the lapse of this period shall signal that the new GTC apply for the contractual relationship, unless a later effective date has been specified.

8.2 If, however, the Customer concludes a Contract after the new GTC go into effect, the new GTC shall apply to the Contract.

IX. Final provisions

9.1 The Contract and the legal relations associated with it are governed by the applicable laws of the Czech Republic.

9.2 The Customer agrees that the Provider may contact them about legal and commercial issues related to the Contract via the email address given by the Customer to the Provider. The Customer is obliged to inform the Provider about any changes in their contact details without undue delay.

9.3 These General Terms and Conditions are effective from 01 June 2018.