Terms of services
Kingsroute is an internet cipher game which takes place in the historical centre of Prague. It has been created for those who wish to experience an interactive visit to Prague and it is operated through a web application that is available with the use of a smartphone.
Personal Data Protection Principles (GDPR)
1 Basic Provisions
The controller of the personal data under Article 4 clause 7 of Regulation of the European Parliament and of the Council (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (henceforth as: “GDPR”) is Jan Ondráček, ID no. (IČO): 08876096, seated at Kaprova 42/14, Praha 1 - Staré Město, registered in the Trades Register (henceforth the: “Controller”)
Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The Controller has not appointed a data protection officer.
2 Sources and categories of processed personal data
The Controller processes personal data provided by you or personal data obtained on the basis of performing your order.
The Controller processes your identification and contact data and data necessary for the performance of the contract.
3 Legal reason for and purpose of personal data processing
The legal reason for the processing of the personal data is
the performance of the contract between you and the Controller under Article 6(1)(b) GDPR,
The purpose for processing of the personal data is
the handling of your reservation or enquiry or the exercise of the rights and obligations following from the contractual relationship between you and the Controller; during the ordering procedure personal data are required which are necessary for a successful handling of a reservation or an enquiry (name, contact), the provision of the personal data is a prerequisite for the formation and performance of the contract, without the provision of the personal data the contract cannot be formed or performed by the Controller.
4 Personal data retention period
The Controller retains the personal data
for a period necessary for the exercise of the rights and obligations ensuing from the contractual relationship between you and the Controller and the assertion of claims from these contractual relationships (for the maximum of 10 years from the termination of the contractual relationship (by completing the game, withdrawal from the contract, failure to use the voucher) unless some other legal regulation requires a longer period for the retention of the contractual documentation).
After the expiry of the personal data retention period or possibly sooner the Controller shall erase the personal data.
5 Personal data recipients (Controller’s subcontractors)
The recipients of the personal data are the persons participating in the delivery of the services / performance of the payments based on the contract, responsible for the operation on the website and provision of other services in connection with the operation of the website,
Recipients providing marketing and support services:
Google analytics—recording cookies and web use information
Google Adwords—recording cookies and web use information
Facebook pixel—recording cookies and web use information
6 Your Rights
Under the conditions laid down in GDPR you have
the right to access your personal data under Article 15 GDPR
the right to rectification of your personal data under Article 16 GDPR or to restriction of processing under Article 18 GDPR
the right to erasure of personal data under Article 17 GDPR
the right to object to the processing under Article 21 GDPR and
the right to data portability under Article 20 GDPR
the right to withdraw your consent for the processing in writing or by electronic means at the postal or e-mail address of the Controller specified in Article III hereof. You can withdraw your consent at any time by contacting the Controller by e-mail or phone.
You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to protection of personal data was violated.
7 Personal data protection conditions
The Controller declares that he has adopted all the suitable technical and organizational measures for the protection of the personal data.
The Controller has adopted technical measures for the protection of data repositories and personal data storage sites in documentary form, in particular a secure / encrypted access to the web and regular system backups.
The Controller declares that the personal data will only be accessible to persons authorized by the Controller.
8 Final Provisions
By ordering the service or sending an enquiry using the online form at www.kingsroute.cz you confirm that you have been made familiar with and you fully accept the personal data protection conditions.
By checking the relevant box in the online form you confirm that you have been made familiar with the personal data protection conditions.
By checking the relevant box in the online form during the payment process you confirm that you accept to receive up to 3 notifications (1 daily). These notifications will be sent on your email only if your payment process was not finished.
The Controller has the right to change these conditions. The new version of the personal data protection conditions will be published on his website.
These Terms and Conditions become effective on 25 May 2020.
Terms and Conditions
1 General Provisions
a) These Terms and Conditions are issued by entrepreneur—natural person—Jan Ondráček, ID no. (IČO): 08876096, seated at Kaprova 42/14, Praha 1 - Staré Město, registered in the Trades Register (henceforth the “Provider”). These Terms and Conditions define the legal relationships arising upon ordering the service offered at the www.kingsroute.cz website. At this website all up-to-date information on the service and its price can be found.
b) The Provider provides a service in the form of online cipher games and these Terms and Conditions define the contractual relationship between the Provider and the customer of the service and are binding for the parties to the contract. These Terms and Conditions are part of each order or service provision contract entered into between the Provider and the customer. The game is not defined as a contest and it does not involve any material or financial prize.
c) The usual manner of communication in connection with the contract is by e-mail correspondence. E-mail correspondence will be sent by the Provider to the e-mail address stated by the customer.
d) The Provider is not a VAT payer.
e) The customer and other members of the game team participate in the game on their sole responsibility. The customer undertakes not to engage in any behaviour that carries the risk of injury, not to enter any closed places, to respect instructions and not to intentionally destroy or damage the gaming or non-gaming accessories or any other property. The Provider is not liable for any damage caused by the customer or other players. The Provider is not liable for any damage to the customer's health or property occurring during the game.
2 Reservation of Game and Formation of Contract
a) The contractual relationship between the Provider and the customer is established upon the payment of the order (the ordered service) placed by the customer via the website at www.kingsroute.cz.
b) The service order becomes binding and the contract on the provision of the service is formed upon the payment of the service price.
c) Potential discounts may not be asserted after the payment of the order.
d) By paying the service order the customer agrees and confirms that he or she owns a smartphone with access to a mobile internet which will be used during the game at his or her own costs.
3 Payment of Game Price
a) The price for the service is payable:
1. By a cashless payment using a payment card via www.kingsroute.cz.
2. By cashless transfer to the Provider’s account no. 2701759334/2010 maintained with Fio banka, in this case the instructions and the variable code will be stated in the payment instructions that will be delivered to the customer by e-mail on the basis of his or her order. This payment method may only be used if a payment card option is not available at www.kingsroute.cz.
b) The price for the service is paid once the relevant amount is credited to the Provider’s account.
4 Start and Course of Game
After the payment of the service order the customer will receive an e-mail with the voucher code and an instruction as to where the starting point of the game is. Once the customer has arrived to the designated point, he or she must insert the voucher code at the www.kingsroute.cz website via his or her smartphone to start the game. Subsequently the customer follows the instructions given on the above-mentioned website.
If the customer chooses a team name containing any vulgarisms, racist, xenophobic or other inappropriate words or sentences, the Provider reserves the right to unilaterally modify or entirely change the name of the team.
The customer may start the game at any time, however, he or she is liable for the fact that especially at night the buildings included in the city game do not necessarily have to be perfectly illuminated, which may reduce the quality of the game. Therefore the Provider recommends to start and to end the game during the time from 8.00 to 24.00 o'clock.
The customer and the other members of the game team are guided through the game via an interactive map available at www.kingsroute.cz and at the designated places solve the assigned tasks.
5 Withdrawal from Contract (cancellation terms)
a) The customer may at any time from the formation of the contract until the start of the game (see par. 4) withdraw from the contract without stating a reason. The customer may withdraw from the contract by a unilateral legal act in writing by a letter delivered to the address specified as the Provider’s contact in article 11 or by e-mail delivered to firstname.lastname@example.org. The customer may but is not obligated to use the sample form for the withdrawal from the contract which is available HERE. In the case of withdrawal by e-mail the Provider shall send the customer a confirmation on the receipt of the withdrawal notice to the e-mail address from which the withdrawal notice was delivered to the Provider.
b) Withdrawal from contract is not possible (except in binding cases defined by legal regulations—for instance due to a material breach of the contract by the Provider) if the customer has already started to play the game, that is, he or she has used the voucher code at www.kingsroute.cz.
c) The Provider reserves the right to make changes in the game (change the venue, the route and tasks, change the hints and aids, etc.) and at the same time reserves the right to cancel the game. The Provider shall always inform the customer on the cancellation or a change of the game or any part thereof by e-mail. In the event of the cancellation or a change of the game or any part thereof by the Provider the customer has the right to withdraw from the contract before the start of the game. However, if any historical monument that is included in the game is closed, in reconstruction or unavailable for any reason, the Provider reserves the right to leave it out of the game and replace it with an average time and full score. Such omission of the monument shall not be considered a change of the game and does not give rise to the customer's right to withdraw from the contract.
d) In the event of a valid withdrawal from the contract by the customer or in the event of the cancellation of the game by the Provider the latter shall refund the price of the voucher to the customer without undue delay, within no later than 14 days from the day of the delivery of the withdrawal notice to the Provider or from the day of the sending by the Provider of the game cancellation announcement. For the refund of the payments the Provider shall use the same payment method used by the customer for the payment of the voucher, unless expressly agreed otherwise. This will in no case give rise to any additional costs for the customer.
6 Warranty Conditions
If the customer is convinced that the Provider fails to duly fulfil his obligations following from the Terms and Conditions, he or she may assert a warranty claim. The customer must assert a warranty claim before performing any other operations based on the services that are the subject-matter of the warranty claim. The warranty claim must have a written form and must contain the identification data of the client to extent of, at the minimum, his or her first name, surname, place of residence and contact address. It also must state the subject-matter of the claim so that it may be cleared duly and in time. The customer is obligated to deliver the warranty claim without undue delay in writing to the Provider’s contact address specified in article 11 or by e-mail to email@example.com. Upon request the Provider shall issue for the customer a confirmation on the receipt of the warranty claim/complaint.
7 Non-use of Services
a) For the non-utilization of the voucher the Provider does not offer any financial or other compensation, not even in the case of any external circumstances that might limit the customer during the game.
b) The customer agrees to use the voucher within one year. After the expiry of one year from the purchase of the voucher without it being used by the customer to start the game, the contractual relationship between the Provider and the customer ceases to exist without customer’s entitlement for the refund of the voucher price.
8 Game Materials
a) The customer explicitly acknowledges that any content of the website at www.kingsroute.cz provided by the Provider is the object of intellectual property rights. For this purpose the customer explicitly undertakes to refrain from any act which would interfere, without Provider’s prior consent, with these rights, primarily by making copies of the materials or making audiovisual fixations.
9 Liability and Obligation to Cooperate
By accepting these Terms and Conditions the customer acknowledges that his or her participation in the game (for example movement in the city, entry to buildings, crossing the streets, traffic regulations, risk of fall etc.) is at his or her own risk. The Provider shall not be liable for any injury, damage to property or other harm caused to or by the customer (or the members of his game team) in the course of the game.
The game route runs through the centre of Prague where the traffic is heavy. By approving these Terms and Conditions the customer acknowledges this fact.
The Provider does not have any liability during the game for underage persons, if any, who are part of the game team.
The customer is obligated to inform the members of the game teams for whom the game was brokered on these Terms and Conditions.
10 Personal Data Protection
By paying the purchase order customers also confirm they have made themselves familiar with the personal data protection principles (see the Personal Data Protection Principles (GDPR))
11 Provider’s Contact Data
Delivery address: Jan Ondráček, ID no. (IČO): 08876096, registered office at Kaprova 42/14, Praha 1 - Staré Město
12 Final Provisions
a) The Provider may change or amend the text of the Terms and Conditions. The contractual relationship between the Provider and the customer shall be governed by the version of the Terms and Conditions published at www.kingsroute.cz as of the placement of the service order through the service order form.
b) Should any of the provisions of the Terms and Conditions be or become invalid or ineffective, the invalid provision shall be replaced with a provision that comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
c) If the customer fails to appeal against any data contained in any documents received from the Provider without undue delay after their receipt, it is assumed that the customer agrees with all the data contained in the documents.
d) The programme equipment and other components constituting the website at www.kingsroute.cz are copyright protected.
e) The customer is aware that the Provider shall not be liable for any errors occurring in the consequence of third-party interventions into the website or in the consequence of the use of the website contrary to its purpose.
f) The legal relationships from the contract between the Provider and the customer shall be governed by the legal order of the Czech Republic. In cases involving a foreign fact element the application of conflict of law rules or international contracts is ruled out, the matter shall be assessed under the legal order of the Czech Republic as if no foreign fact element was involved and the judicial proceedings shall proceed pursuant to Act no. 99/1963 Coll., Civil Procedure Code. Disputes arising from the contract between the Provider and the customer will be heard either by the District Court for Prague 7 in matters where a district court has the local jurisdiction in the first instance or the Municipal Court in Prague in matters where a regional court has the subject-matter jurisdiction in the first instance.
g) The authority for our-of-court complaint procedure is the Czech Trade Inspection Authority (www.coi.cz). The Czech Trade Inspection Authority (CTIA) is an institution performing out-of-court resolution of consumer disputes (alternative dispute resolution, ADR). The aim of out-of-court resolution of consumer disputes is to reach an amicable settlement of the dispute and an agreement of the parties. The ADR department of the CTIA is a notified institution contained in the list of the European Commission offering out-of-court resolution of consumer disputes. The petition for the initiation of an ADR procedure must contain all the essentials prescribed by the Consumer Protection Act and the Alternative Dispute Resolution Rules. The petition must in particular contain information on the parties to the dispute, the description of the relevant facts that are the subject-matter of the dispute and the proposal of the resolution sought by the petitioner. Attached to the petition must be a document proving that the consumer has attempted to resolve the dispute directly with the entrepreneur and the copies of other documents substantiating the claimed facts, if available. This includes in particular a certificate on the formation of the contract, copy of the correspondence etc.
The petition for the initiation of an out-of-court resolution of a consumer dispute is best submitted using the online form available at www.coi.cz).
These Terms and Conditions are valid from 25 May 2020.