Všeobecné obchodní podmínky

General Terms and Conditions for the organisation of creative and educational courses Scholastika z. s. valid from January 1, 2023

1. Opening Statements

Terms
“Organisation” means Scholastika z. s., ID: 03058395, with registered office at Římská 103/12 Prague 2 – 120 00.
“Student” means any physical or legal person who, after fulfilling the business conditions and in accordance with the statutes of the association, enrols in Scholastika z. s. as a student member, always for a period of one semester (summer/winter). By enrolling in the Society, the student enters into a contract with the Organisation for the teaching of art courses. In the event that the Student commissions lessons for more than one person, these persons have the same status as the Student during the lessons, but are not entitled to take any legal action against the Orgnanisation in relation to the Contract. If the Student is an individual who is not acting in the course of his/her business or profession, he/she shall also be deemed to be
“Consumer” according to Act No. 634/1992 Coll., the Consumer Protection Act.
“Contract” means enrollment as a student member of the Scholastika association.
“General Terms and Conditions” means the General Terms and Conditions for the teaching of art courses of Scholastika z. s.
“Offer” means the Offer of courses, studios, series of lectures, workshops, seminars, training courses, specials for teaching art courses at Scholastika z.s.
“Contract Documentation” means the Membership Form, the Organisation’s Statutes, the Contract, the General Terms and Conditions and the Cancellation Policy.
“Booking Fee” means a non-refundable amount of seven hundred Czech crowns (CZK 700) covering all administrative tasks on the part of the Company in the processing of the Student’s application. The Booking Fee shall be deducted from the total price of the Course. If the reservation fee is not paid within 24 hours of the sending of the application form, the application becomes invalid.
“Course Fee” means the total price of the Course or combination thereof as stated in the Contract for all Courses booked by the Student. If the Student fails to pay the balance of the Course Fee (membership fee) within five (5) working days of receipt of the notice, his/her booking fee of CZK 700 will be forfeited and he/she will not be enrolled as a member of the association and will not be able to join the Course. His/her spot will be given to the next applicant.

Basic provisions
The Student’s rights and obligations in taking Art Courses are governed by these General Terms and Conditions, the Cancellation Policy, the Offer and the Contract.

2. Contract

Completion of the Contract
The contract is concluded electronically, on the basis of completing the Registration Form, agreeing to the Statutes of the Society and then signing the hard copy of the Membership Form.
The General Terms and Conditions and the Cancellation Policy are integral parts of the Agreement.
Upon conclusion of the Agreement, the Student is obligated to pay the Reservation Fee and subsequently the full Course Fee. The Booking Fee must be paid to the Company within 24 hours of receipt of the notice. The Course Fee must be paid to the Company within five (5) working days from the date of receipt of the notice.

Termination of the Contract and Cancellation Policy
The Contract shall terminate only upon the written request of either party (the Organisation or the Student) and shall be terminated only by mutual agreement of both parties. The Student is entitled to unilaterally withdraw from the Contract by written request without giving any reason. In this case, the tuition fee shall be refunded in full within 14 days of the start of the lessons in the semester in question, minus the lessons attended and the administrative fee of CZK 700. After 14 days, a pro-rata refund of 50% of the tuition fee, minus the lessons taken and the administrative fee of CZK 700, will be made within 30 days of the start of classes in that semester. After 30 days have elapsed from the start of classes in a given semester, no portion of the tuition fee is refundable.
If the membership fee is paid through Benefit Plus or other employee benefits, the membership fee is increased by 15% of its original amount.
The Student may also withdraw from the Contract by sending an email to the Organisation at kurzy@scholastika.cz.
The Student shall provide the Organisation with their bank account number for the course fees to be refunded.
The Organisation is entitled to withdraw from the Contract if the Course Fee is not paid by the Student within a specified period of time prior to the commencement of the Course. The Student’s obligation to pay the Organisation a cancellation fee under the Cancellation Policy is not thereby waived.
Either party shall be entitled to withdraw from the Contract if the Organisation cancels the Course due to the minimum course capacity not being met and no alternative solution is accepted by the Student. In this case the Student’s obligation to pay the Organisation a cancellation fee under the Cancellation Policy shall be waived.
All acts related to the termination of the Contract must be made in writing and delivered to the other party.

Subject of Contract
The subject of the Contract is the Organisation’s obligation to provide the Student with instruction in art courses and the Student’s obligation to pay the Course Fee.
The Student is required to actively participate in classes and all activities associated with the Course.

The Offer
The Organisation offers art instruction through courses, workshops, seminars, camps and specials. Courses, workshops, seminars, camps and specials offered by the Orgamosation are listed in the course schedule. The offer is published on the Organisation’s website at www.scholastika.cz.
The Offer defines the focus and content of the individual courses, workshops, seminars, training courses and specials, including a description of the course and the specific conditions of participation.
At the time the Contract is entered into, the courses, workshops, seminars, training courses, and specials that are requested by the Student for the Student’s instruction are defined in the Contract.

3. Education

Dates and time of Education
The starting date is always specified in the current Offer at www.scholastika.cz.
The lessons are conducted according to a pre-agreed plan, which includes the necessary details. The teaching plan is discussed by the Organisation and the Student at the time of signing of the Contract.
The Organisation agrees to keep the dates of the lessons in accordance with the agreed lesson plan and timetable.
The Organisation reserves the right to postpone the start of the course if this is unavoidable for technical reasons. In the event that the course cannot be arranged for serious reasons, the Organisation is entitled to choose an alternative method of providing the course. The student will be notified of this in advance.

Changes in the Teaching Plan
Changes to the agreed teaching plan are only possible in exceptional cases. The reasons for changing the teaching plan are not reasons consisting in a change in the time possibilities of the Student, loss of the reason for attending the course on the part of the Student, a change in the circumstances under which the Student enrolled in the course.
In the event of a serious medical condition lasting more than three (3) weeks, the Organisation will allow the Student to interrupt classes and transfer an equivalent portion of the course fee for the unused portion of the course to another course or semester. The request for interruption of classes must be supported by relevant medical evidence (sick leave, etc.) without undue delay, no later than two (2) weeks after the interruption of attendance.

Course Cancellation
The Organisation has the right to cancel a course for failure to meet the minimum course capacity, which is determined by a minimum of six (6) students per course, series of lectures, studio or software course. The Organisation shall notify the Student of the cancellation at least three (3) days prior to the scheduled start of the course.
In the event of course cancellation, the Organisation is obligated to offer the Student an alternative solution (the possibility of attending another course, transferring the course fee to individual tuition or refunding the course fee).

Quality of Teaching and Lecturers
The Organisation commits to staffing lecturers according to the specific course specification. The Organisation undertakes to use qualified lecturers for teaching to ensure a high professional standard of teaching.
The maximum number of persons in the course is 18 students, unless otherwise specified by the Organisation.
The minimum number of people in the course is 6 students, unless otherwise specified by the Organisation.

Teaching Aids
The range of teaching aids will be communicated to the student by the lecturer at the first lesson of the Organisation.
The Student is required to acquire teaching aids at his/her own expense, unless otherwise specified by the Organisation.

4. Course Fee

Course Fee
The price for individual courses is listed in the offer on the website www.scholastika.cz. The price always includes tax (DPH).

Course Fee Discounts
The Organisation offers discounts on course fees in the form of quantity discounts and discounts for continuing students.
The Organisation provides a quantity discount to the Student when ordering multiple courses. Courses ordered in this way must be included in one Contract. The terms and conditions of the quantity discount are set out in the Offer on the website www.scholastika.cz.
The price advantage for continuing students is: 1 or 2 semesters completed = 5% discount for the next semester, 3 or more semesters completed = 10% discount for the next semester.

Terms of Payment
The Student is obligated to pay the agreed Tuition Fee within five (5) working days of receipt of the notice, unless otherwise agreed individually.
The course fee can be paid in cash at the Organisation’s office, by bank transfer or by purchasing a gift voucher issued by the Organisation.

5. Results of the Student’s Work
The Student may create designs for mnemonic aids, drawings, photographs, videos, artistic performances, musical works, or other works (hereinafter referred to as “Student Work”) in the course of teaching the Courses.
The Student agrees that the Organisation shall use the results of the Student’s Work in the implementation of its activities. The Student grants the Organisation an unrestricted license to use the Student’s work, in whole or in any part, as it may be created by the Student.
The Organisation is entitled to use the results of the Student’s Work, even in parts, for the production of multimedia applications, new audio or audio-visual recordings or other materials. In processing the results of the student’s activity, the Organisation is entitled to combine the results of the student’s activity, or parts thereof, with the works of other authors and artistic performances of other performers and to adapt and modify the results of the student’s activity for the purpose of combining them with other components of the newly created work. The Organisation shall be entitled to perform and record the results of the Student’s Work used for inclusion in a new audiovisual or other work for the initial recording of such work, to dub them and to provide subtitles or other commentary. In such case, the Student grants the Organisation an exclusive and unrestricted license to use the results of their work in the use of the new audiovisual or other work.
The Organisation is also entitled to freely modify, change and adapt the results of the Student’s Work to the needs of the method of teaching art courses applied by the Organisation.
The license is granted as a non-exclusive, perpetual, worldwide, royalty-free license, entitling the Organisation and third parties deriving their rights from the rights acquired by the Organisation to use the Student’s Work in any quantity and for an unlimited number of uses. The Organisation shall be entitled, but not obligated, to use the license granted.
The Organisation is entitled to use the Student’s Work by any known technological process, including their use in electronic form for online access to the public information network.
The Organisation may grant a license to use the Student’s Work, in whole or in part, to third parties, for or without a fee, including the right to grant a sublicense and to sublicense.

6. Clients Identification Details
The Student (if a physical person) declares that he/she is aware of his/her rights concerning the protection of his/her personal data arising from generally binding legal regulations, in particular Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The Student understands and agrees that the data about his/her person, or data about other physical persons, which the Organisation has obtained or will obtain from him/her in connection with the negotiation, conclusion and administration of the Contract, will be kept in its records for the period necessary to protect the interests of the Organisation and for the purpose of offering the services of the Organisation and its business partners in the future, resp. for as long as required by generally binding legal regulations, and that the Organisation will use such data for its business needs, in particular for the purposes of administering the Contract, offering other services (even after termination of the Contract), whereby the said services may also be provided by third parties on behalf of the Organisation.
If the Student - physical person requests the Organisation in writing, he/she has the right, in accordance with applicable law, to be provided with information about the data processed about him/her, the purpose and nature of the processing of personal data and the recipients of personal data.

7. Common and Final Provisions

Common Provisions
The Student agrees to notify the Organisation in writing of any material changes to the Student’s entity. Substantial changes include, in particular, changes in the commercial register, details in the identity card, changes in the bank connection, etc.
The letters may be delivered through the holder of the postal licence, by personal delivery or by electronic mail bearing a guaranteed electronic signature in accordance with special legal regulations. If a document sent by post cannot be delivered to the last address notified in writing by the Student, it shall be deemed to have been delivered on the fifth (5th) working day after it was sent to the Student via the postal licence holder.
The Student is responsible for informing the Organisation in a timely manner of any change in his/her address or mailing address.

Final Provisions
Other facts not expressly regulated by the General Terms and Conditions are governed in particular by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., the Consumer Protection Act.
The Organisation is entitled to unilaterally change the General Terms and Conditions, the Offer and the Cancellation Policy. The current version of the General Terms and Conditions, Offer and Cancellation Policy is published on the Organisation’s website www.scholastika.cz.