General terms and conditions

**Terms and Conditions**

**Effective Date: November 1, 2024**

1. Introductory Provisions

1.1. These general terms and conditions (hereinafter referred to as "GTC") are binding for the contractual parties of all contracts concluded through or directly related to the web presentation https://www.realne-simulatory.cz/. The term "contract" refers to all expressions of will leading to the establishment of a legal relationship, especially written or electronic orders, order confirmations, phone orders, etc. (hereinafter referred to as "contract").

1.2. The provider is a business corporation: Simulation of Reality, s.r.o., Company ID: 02776359, realne-simulatory.cz, s.r.o., Company ID: 17731739, place of business: Na Radosti 399, 155 21 Prague 5 - Zličín, Czech Republic (hereinafter referred to as: “provider”)., which is not a VAT payer.

1.3 The provider for the rental of the real ALTO NG aircraft on the basis of the rental agreement is the company Simulátory, s.r.o. Company ID: 29129133, which is a VAT payer.

1.4. Deviations from these GTC are only possible through an express written agreement between the contractual parties.

1.5. The GTC remain effective for both parties even after the contract has expired, in matters related to the relevant contract (e.g., damage compensation, choice of law, dispute resolution, etc.).

1.6. The provider reserves the right to change these GTC, even without prior notice. Changes to the GTC become effective for the customer on the day of their publication, even for customers who ordered services before the effective date of the new or amended GTC. Such changes, however, must not shorten or otherwise significantly diminish the ordered and paid service.

2. Order

2.1. The usual way to conclude a contract is an electronic order via the web presentation http://www.realne-simulatory.cz (hereinafter referred to as "website") through a designated electronic form. An order for services is valid on the day the payment is credited to the provider's account.

2.2. The validity of an electronic order requires the truthful and complete filling out of all data and details prescribed by the form (form fields).

2.3. If the data provided by the customer in the electronic form are clearly incorrect or contain inconsistencies, the provider reserves the right to suspend such an order, verify the accuracy of the data by appropriate means, and possibly reject the order.

2.4. The provider confirms a valid order via email.

2.5. After the order is confirmed and the total price is paid according to section 4 of these GTC, the customer reserves an online simulation session on www.realne-simulatory.cz/rezervace. Appointments for F1 with Jan Charouz or real aircraft flights need to be arranged via email at info@737ng.cz. Cancellation or rescheduling is possible (except for "last minute" services) only once through the reservation system and no later than 72 hours before the reserved session. If canceled later, the original reservation is forfeited, and the customer is entitled to a 50% discount on a new order of the same service paid within one week of the original session.

2.6. The validity of a gift voucher is 6 to 12 months from the order date. The voucher can be extended during its validity by another 6 months for 670 CZK via the reservation system. A gift voucher can be exchanged for another simulator in the reservation system of the same or higher price category, and any difference must be paid. If the existing voucher was purchased with a discount, the difference between the discounted and final price of the new voucher will be calculated.

3. Provision of Services

3.1. The provider commits to providing the customer with a service in the form of a session in an aircraft simulator of Boeing 737 NG, Airbus A320, Cessna 172, F16 Fighting Falcon, GT3/Rallye full motion racing simulator, F1 simulator, or U-BOAT submarine, including interactive control of the simulator (hereinafter referred to as "simulation") or arranging a flight in a real Alto NG aircraft for real pilots at the Prague Letňany airport.

3.2. The provider also ensures that the customer receives professional guidance during the simulation, providing appropriate instructions for behavior in the simulator and managing the simulation or other essential aspects of the service.

3.3. The simulation time that the customer has ordered and duly paid for begins upon sitting in the simulator cockpit, fully prepared for customer interaction. In case of technical issues, the duration is extended by the time spent resolving them. If the resolution takes more than 15 minutes, the customer is entitled to a new session for the remaining time.

3.4. The provider offers additional free services such as a simulator introduction, a tour of other simulators, or a trial flight on Flight Simulator 2020 for the customer’s accompanying spectators for up to 30 minutes during the main experience. The non-provision of these bonus services due to exclusions or limited capacity does not entitle the customer to a refund or complaint.

3.5 All information contained on https://realne-simulatory.cz/ull/pronajem-alto-ng regarding the rental of Alto NG for 25/50 hours is for informational purposes only and is not, within the meaning of the Civil Code: (i) a proposal to conclude a contract pursuant to Section 1731 and Section 1732; nor (ii) a public promise pursuant to Section 1733. The publication of this advertisement does not give the service user or any third parties the right to conclude a contract, in particular the application of Section 1732, paragraph 2 of the Civil Code is excluded.

4. Prices and Payment Terms

4.1. All prices on the website may include additional charges based on the type of service but are always detailed in the service descriptions. An exception is the charge for additional spectators at 190 CZK/person or spectator rotation in the simulator at 490 CZK/person.

4.2. If the customer does not find the required service type in the price list, the price and other terms can be individually negotiated.

4.3. The customer pays for the services exclusively by bank transfer or card through ČSOB Comgate to the provider's account.

4.4. The customer must use the payment reference number provided by email for bank transfer payments.

4.5. The customer must pay the price properly and on time within 14 calendar days; otherwise, the order and voucher number will be canceled. For LAST MINUTE services, payment must be made immediately by card, or the reservation will be canceled.

4.6. Payment is considered complete when the amount is credited to the provider’s account. The provider sends a link to download a gift voucher immediately after the order for gift voucher services, while other services, such as LAST MINUTE or custom sessions, only receive a reservation number.

5. Liability for Damages

5.1. The customer agrees to follow the instructions of the person supervising the simulator (hereinafter referred to as "instructor") without exception.

5.2. Simulators are available for children aged 12 and over and adults weighing up to 120 kg. Each customer receives training from the professional staff on how to handle the simulator components to prevent damage. If the customer causes damage to the provider (especially hardware damage), they must pay the full amount upon request, either immediately (for damage up to 4,999.90 CZK) or within ten days (for damage from 5,000.00 CZK).

5.3. The provider may reasonably reduce the compensation amount if the customer proves they acted in accordance with the instructor's instructions and appropriately given the specific service.

5.4. The provider declares that the operation of the equipment is insured with a deductible of 10,000 CZK, which is also the maximum amount for which the customer may be liable.

6. Force Majeure

6.1. Neither party is liable for any failure to fulfill contractual obligations, except for payment obligations if such failure or delay was caused by an obstacle beyond the control of the obligated party that prevented them from fulfilling their obligation and could not reasonably have been foreseen or overcome. The obstacle must not have been foreseeable when the obligation arose (hereinafter referred to as "force majeure"). Liability is not excluded if the obstacle arose when the obligated party was already in default or if it resulted from their economic circumstances.

6.2. For the purposes of this contract, force majeure includes but is not limited to natural disasters, fires, earthquakes, landslides, floods, strong winds, or other extensive atmospheric phenomena, wars, uprisings, riots, civil disturbances, strikes, government decisions, regulations, restrictions, bans, or other state interventions, damage or failure of technical equipment, or in the case of the real aircraft Alto NG, particularly weather conditions or other significant reasons preventing the flight. Both parties commit to rescheduling without undue delay.

6.3. The party that breaches or anticipates breaching any obligation due to a force majeure event must immediately inform the other party and make every effort to avert the event or its consequences and eliminate them.

 

7. Withdrawal from the Contract

7.1 Both parties have the right to withdraw from the contract within 14 days of its conclusion if it was concluded remotely, i.e., via the internet. This right to withdraw without stating a reason is guaranteed by the Civil Code, except in cases where the service is scheduled less than 72 hours in advance. In such cases, the Provider undertakes to fulfill the reservation, including providing specialized personnel, during which other potential customers may lose the opportunity to book the same time slot.

7.2 If the customer already has a confirmed reservation and withdraws from the contract only to reorder, it may complicate scheduling or block available time slots. This constitutes an abuse of the right to withdraw, which may lead to restricted access to services (in accordance with the Provider’s legitimate interests). In such cases, the Provider reserves the right to suspend or reject such orders.

8. Final Provisions

8.1. All information exchanged during the performance of the contract is confidential and cannot be disclosed to third parties without prior written consent from the other party, except as required by Czech law.

8.2. A party that breaches any obligation arising from the contract or these GTC must compensate the other party for any damage caused.

8.3. If any obligation arising from the contract is breached and causes damage to either or both parties, they shall make every effort to amicably resolve the compensation.

8.4. If any dispute arises from the contract that cannot be resolved amicably, it will be referred to a general court.

8.5. The rights and obligations of the parties arising from the contract,