Terms and Conditions

These general terms and conditions (hereafter the “T&C”) define relationship between the client and:

the company Rock Art Studio s. r. o., ID 27774953
VAT: CZ27774953, established: K Hájku 2968, 738 01, Frýdek Místek
acting by manager Pavel Žofka, The Mountain Guide Office (hereafter the “Mountain Guide”)

or between the client and:

Pavel Žofka, ID 62262513,
based in Velká Morava 108, Dolní Morava, 561 69, (hereafter the “Mountain Guide”)

T&C set and defined the rights and obligations of the Parties. The Client notes and agrees with the T&C once the contract is concluded. The terms and conditions are governed by The Czech Civil Code (Act No 40/1964 Coll.) till 31st December 2013 and from 1st January 2014 by The Czech Civil Code (Act No 89/2012 Coll.)-
The Client and the Mountain guide hereinafter referred to as the Parties.

I. General part

1.1 The client makes an contract offer by completion of the booking form, by sending an email or by phone till the date mentioned in event description at the latest, except as otherwise agreed by the Parties.
1.2 The client is obliged to pay an advance payment stated in the event description (ranging from  50% to 100% from the total price) till 3 working days from the contract conclusion, unless otherwise agreed between the Parties. The mountain guide will provide detailed information about the event on request, if not already specified in the event description.
1.3 If advance payment is not paid in time and in amount according to this T&C or the contract, the mountain guide is not required under the contract to perform and provide his services without any penalty.
1.4 The total amount includes mountain guide costs related to the organized event – the mountain guide service, cost of travel and accommodation, food and other costs related to event management, unless otherwise explicitly stated in the Parties agreement or in the event description.
1.5 By filling out of booking form the client acknowledges his awareness of event difficulty, considers his participation in the event with reasonable care and caution that can reasonably be expected of him, reads up thoroughly the event conditions. The client also confirms his/her medical, physical and technical fitness.
1.6 The client is obliged to provide true and complete information about his health condition; especially the illnesses capable of affecting the safe course of the event (e. g. epilepsy, cardias issues, asthma..) It must be declared in sufficient time – it means within two days after order confirmation from the mountain guide or within two days after arising health problems, but no later than the day before the event. If client fails to do, then he/she is  liable for any damage caused to mountain guide, to other clients and to third parties and he/she is liable to compensate all related costs to to mountain guide.
1.7 If health problems mentioned in previous paragraph occur only during the event, the client is obliged to notify them immediately to the mountain guide otherwise he/she is liable for  damage caused to the mountain guide, to other client from the group and to third parties. The liability for damage shall be governed by the relevant civil law. The mountain guide isn’t liable for any damage occasioned by client omission to inform about his/her health condition properly, truthfully and completely.
1.8 If the event or course does not take place due to an obstacle on the part of the mountain guide, the mountain guide is required to return all the contract performance provided him under the contract concluded between him and client in connection with the event or course. However the client is entitled neither to damages or reimbursement of related costs incurred.
1.9 The mountain guide reserves the right to cancel or change the tour or event or to change the route due to adverse weather conditions or insufficient technical or physical client ability. The reason of such a procedure is prevention of damage to the life and health of the client and other members of the group.
1.10 The mountaineering, ski mountaineering and movement in an alpine environment are dangerous activities, therefore, the risk of injury or death cannot be ruled out, without the mountain guide’s mistake. The mountain guide is not responsible for damage to life, health or property that he could not prevent even with all possible precautions that may have been required of him at that time and damages, the origin of which he could not influence in any way by his will. The client is obliged to take out medical costs insurance at his/her expense, which will cover also the intervention of the mountain rescue service.
1.11 The maximum number of clients on the tour is limited by internal Directive ČAHV, by laws and directives of the member countries of IFMGA/IVBV/UIAGM in given localities. The limits are:

  • the sand rock climbing course: 2
  • the climbing on the wall course: 6
  • the rock climbing course: 4
  • the ice climbing course: 4
  • the ski tour course in non-glacial terrain: 8    
  • the ski tour course in glacial terrain: 6
  • the guidance in rocky terrain to the degree of difficulty of III UIAA: 3
  • the guidance in rocky terrain from the degree of difficulty of III UIAA: 2
  • the guidance in glacial terrain: 2
  • the guidance in mixed terrain to the degree of difficulty of III UIAA + glacial terrain up to 40 degr.: 3
  • the ski tour in non-glacial terrain: 8
  • the ski tour in glacial terrain: 6

1.12 The mountain guide is entitled to change or cancel the tour, course or event during its course due to unsuitable weather or insufficient technical and physical client ability. The mountain guide is also entitled to change, terminate or cancel prematurely the tour, course or even due to inappropriate behavior of the client consisting mainly in disobedience of the mountain guide. The reason of this provisions is the safety of the client. In case of cancellation, early termination or change of the event according this paragraph and the mountain guide already provided his performance of the contract, the client is not entitled to any, i. e. even a partial refund of the agreed price because these are reasons on the client’s side or uncontrollable circumstances.

Withdrawal from the contract

1.13 The client has the right (in accordance with Section 1829 of Act No 89/2012 Coll.) to withdraw from the contract concluded with the mountain guide within 14 days of concluding the contract unless the more favorable option of withdrawal is provided in the T&C and unless the services of the mountain guide have already begun. The  commencement of the provision of mountain guide services means departure from the meeting place of the mountain guide and the client before the event or the preparatory activities aimed at this departure, especially  for example securing the client (e.g. tying the client to the rope), the introductory briefing provided to the client by the mountain guide and other.
1.14 These general terms and conditions for withdrawal from the contract apply, except as otherwise provided in the specific part of the contract.
1.15 The mountain guide reserves the right to withdraw from the contract if the minimum number of participants is not reached (75% of the maximum required number, unless otherwise specified in the event description). In this case, the full paid price will be refunded to the client.
1.16 Except as otherwise provided in the Specific part of the contract, the contractual relationship during withdrawal from the contract between the parties shall be determined by rules set out in this part 1.16.

The client has the right to withdraw from the contract; using this right:

a) more than 30 days before the start of the activity/event, the mountain guide is obliged to return full paid price to the client;
b) 30 – 21 days before the start of the activity/event, the client is obliged to pay cancellation fee of 15% of the agreed price. If deposit or full agreed price has already paid by client, then the mountain guide is obliged to pay back the proportionate part from the paid amount without delay after delivery of the client’s withdrawal from the contract;
c) 21 – 7 days before the start of the activity/event, the client is obliged to pay cancellation fee of 50% of the agreed price (covering mainly mountain guide’s costs of the provision of equipment, transport or accommodation deposit and other preparatory activities carried out by the mountain guide in advance of the event). If deposit or full agreed price has already paid by client, then the mountain guide is obliged to pay back the proportionate part from the paid amount without delay after delivery of the client’s withdrawal from the contract;
d) less than 7 days before the start of the activity/event, the client is obliged to pay cancellation fee of 100% of the agreed price, except as otherwise provided in the specific part of the contract (this part of provision does not apply to one-day events).

II. Specific part

2.1 One-day climbing, ski and alpine tour

2.1.1 The contracts between the mountain guide and the client related to the organization of one-day climbing, ski and alpine tours (hereinafter the “One-day tours”) are concluded in accordance with the General part of this T&C, except as otherwise provided in the specific part of the contract.
2.1.2 The price of One-day tour must be paid in full before the start day, otherwise the mountain guide is not obliged to provide the One-day tour without any penalty.
2.1.3 The client has the right to withdraw from the contract related to One-day tour without penalty and without giving a reason within 5 or more calendar days before start of the One-day tour.
2.1.4 The client has the right to withdraw from the contract related to One-day tour even less than 5 days before the start of the One-day tour. In this case the client is obliged to pay the cancellation fee of 35% of agreed price to the mountain guide.
2.1.5  If the client withdraws from the contract on the day of the event, he is obliged to pay cancellation fee of  100% of agreed price to the mountain guide.
2.1.6  At the request of the client the mountain guide informs about the expected weather and wind conditions at the event no later than two days before the start of the tour and communicates a qualified estimation of whether the event will be implemented or not. If the estimated weather or wind conditions is unfavorable, the client can decide whether:

a) wishes to carry out the event within the agreed deadline;
b) will accept a substitute program offered by the mountain guide;
c) withes to carry out the event at another time by agreement between Parties; the mountain guide is obliged to cooperate in concluding the agreement about another time of the event
d) wishes to withdraw from the contract and to cancel the event

If client decides to withdraw from the contract on the basis of information from the mountain guide about adverse weather conditions, the price of the tour will be refunded in full to the client

2.2 Multi-day climbing, ski and alpine tour

2.1.1 The contract between the mountain guide and the client related to the organization of Multi-day climbing, ski and alpine tours (hereinafter the “Multi-day tours”) is concluded in accordance with the General part of this T&C, except as otherwise provided in the specific part of the contract.
2.2.2 The deposit specified in the event description must be paid 30 days before the start of the Multi-day tour, except as otherwise agreed by the Parties, otherwise the mountain guide is not obliged to provide the service without any penalty.
2.2.3 The client may be entitled to a discounted price for the event under the conditions set out in the event description. The condition for entitlement to such a discounted price is to credit this full amount to the mountain guide’s account at least 21 days before the start of the event, unless the Parties agreed otherwise. If the discounted price is not stated in the event description, there is no entitlement to it.
2.2.4 For Multi-day tours, it is possible to pay extra the insurance cancellation fee, it is stated in the event description as a ICF price.
2.2.5 The client has the right to withdraw from the contract without penalty and without giving a reason within 30 or more calendar days before start of the Multi-day tour, unless another date is specified in the event description or in agreement with the mountain guide (there are mainly longer deadlines for expedition events, where the costs for tickets, equipment etc. are already incurred in advance to the mountain guide). If the client withdraw from the contract under this paragraph, the mountain guide pays back all paid deposits or agreed price of the event to the client, with exception of reasonable costs of the mountain guide. The mountain guide is entitled to reimbursement of these reasonable costs. The provision of the general part of T&C about withdrawal from the contract is still valid here.
2.2.6 Due to the specificity of Multi-day events in the mountain it is not possible to guarantee suitable wind conditions throughout the duration of the event. The mountain guide is entitled to change the tour program or  to cancel the tour or event during it due to bad weather or insufficient technical and physical ability of the client. The mountain guide is entitled to cancel the tour or event during it, to terminate prematurely or change its program if the client repeatedly fails to follow the instructions of the mountain guide. The reason of this cancellation is the safety of the client. In case of  cancellation of the event according this paragraph, the client is not entitled to a refund of the paid agreed price because the mountain guide already provided the performance of the contract.

2.3 Courses

2.3.1 The contracts between the mountain guide and the client related to the organization of courses (hereinafter the “Courses”) are concluded in accordance with the General part of this T&C, except as otherwise provided in the specific part of the contract.
2.3.2  The full agreed price of the Courses must be paid at least 21 days before the start of the Course. If the agreed price for the Course is not credited to the account of the mountain guide in full at least 21 days before   the start of the Course, the mountain guide is not obliged to provide the Course without any penalty.
2.3.3 Based on the conditions stated in the description of the event, the client may be entitled to a discounted price, if any. The condition for entitlement to such a discounted price is to credit this full amount to the mountain guide’s account at least 30 days before the start of the Course, unless the Parties agreed otherwise.
2.3.4 If the participation in the course is cancelled by the client 30 days before the deadline, the paid amount will be refunded in full. The cancellation fee for the cancellation of the course by the client in less than 30 days is 30% of the course price, in less than 14 days is 50% of the course price and less than 7 days is 100% of the course price. These cancellation fees reflect the amount of costs the mountain guide associated with providing premises and conditions for the Course.
2.3.5 The mountain guide reserves the right to cancel the Course due to unsuitable weather conditions. In this case client is not entitled to a refund of the contract paid price, but the clients can attend the course in alternate date within 15 months from the originally expected start of the unrealized course.

2.4 Gift voucher

2.4.1 It is possible to buy gift vouchers for most events;  these terms and conditions are valid for them according to the type of the event.
2.4.2 The price of gift voucher is paid in full when it is sold, either in cash or on the basis of an invoice issued by the mountain guide. The gift voucher is issued on the spot after payment of its price or sent to the address provided by client after crediting the price of the gift voucher to the account of the mountain guide.
2.4.3  The gift voucher is issued in name of, but is transferable to a third person provided that this is announced to the mountain guide and the mountain guide approves expressly this change. The client must prove himself with a gift voucher when attending the course.
2.4.4 The gift voucher is valid for one year from its purchase and must be used within this period, unless it is explicitly issued by the mountain guide for a longer period of validity, which must be stated on such a voucher.

Mountain Guide IFMGA
Pavel Žofka
Velká Morava 108
561 69  Dolní Morava

Bank Account Number for payment:

  • CZK account: 2112604561/2700
    IBAN: CZ40 2700 0000 0021 1260 4561
    SWIFT: BACXCZPP
  • EUR account: 8461043018/2700
    IBAN: CZ50 2700 0000 0084 6104 3018
    SWIFT: BACXCZPP

These Terms and Conditions are valid from 1. 1. 2014.