General Terms and Conditions

1.1 These general terms and conditions govern the rights and obligations of the parties arising from the contract for the provision of services concluded between the Seller, which is Pro Ski a.s., Malý trh 2/A, 811 08 Bratislava, ID No.: 35 884 291, VAT ID No.: SK 2021814421, registration with the District Court. Bratislava I., Sec. Sa, Vl. 3323/B
(hereinafter referred to as the “Seller”) and the Buyer, who is an end consumer ordering services through the Seller’s e-shop eshop.martinky.com (hereinafter referred to as the “Buyer”).

Contact details of the Seller

E-mail: eshop@martinky.com
Tel: +421 43 430 60 00
Address of operation.

1.2 The registered office address and contact details of the Seller referred to in the preceding paragraph shall be the contact details of the Seller for the purposes of lodging claims or complaints as well as other communication with the Seller.

1.3. The Seller’s activity is subject to the supervision of the Slovak Trade Inspection – SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava.

1.4 Every consumer (buyer) has the right to apply to an alternative dispute resolution body in order to protect his/her consumer rights arising from a contract for the provision of services concluded pursuant to these General Terms and Conditions, without prejudice to the possibility of applying to a court. If the Buyer is not satisfied with the way in which the Seller has handled his complaint or believes that the Seller has violated his rights, he shall have the right to apply to the Seller for redress. If the Seller responds to such a request of the Buyer in a negative manner or fails to respond to such a request within 30 (thirty) days from the date of its dispatch, the Buyer shall have the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes. The competent entity for alternative dispute resolution of consumer disputes with the Seller is: The Slovak Trade Inspection Authority or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. The buyer has the right to choose which of the above mentioned alternative dispute resolution entities to turn to.

1.5 The Buyer may also submit a proposal for the initiation of alternative dispute resolution through the alternative dispute resolution platform, which is available online at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

1.6 By sending an electronic order to the Seller, the Buyer confirms that he agrees that these General Terms and Conditions and their provisions shall apply to all contracts for the provision of services concluded on the e-commerce website operated by the Seller, on the basis of which the Seller delivers the services presented on the website to the Buyer (hereinafter referred to as the “Purchase Contract”) and to all relations between the Seller and the Buyer arising from the concluded contract for the provision of services and to claims for services.

1.7 The General Terms and Conditions are an integral part of the Service Contract.

1.8 The services offered on the e-commerce website operated by the Seller are a catalogue of commonly provided services and the Seller does not guarantee the immediate availability of all the services listed. The availability of the goods will be confirmed to the Buyer by an e-mail message confirming receipt of the Buyer’s order.

1.9.     The Seller shall be bound to the Buyer by its offer of services presented on the Seller’s website, including the price, for a minimum period of 24 hours from the time of sending the notification of receipt of the order to the Buyer.

2. Method of concluding the contract of sale

2.1 The Buyer bindly orders the Services in the form of a form completed and submitted by the Buyer on the Seller’s website and/or in the form of a telephone order from the Buyer to the Seller (hereinafter referred to as the “Order”).

2.2 The Service Contract is concluded by the Seller’s binding acceptance of the Order in the form of an e-mail message confirming the Buyer’s acceptance of the Order (hereinafter referred to as “Order Confirmation”). Automatically executed notification of order acceptance in the Seller’s electronic system shall not be deemed to constitute binding acceptance of the order.

2.3 On the basis of the concluded contract for the provision of services, the Seller shall deliver to the Buyer a voucher entitling the Buyer to use the ordered services (hereinafter referred to as the “Voucher”), in electronic form to the e-mail address specified in the order. The Voucher entitles the Purchaser to exchange it for a physical copy of the ski pass at the cash desk of the establishment referred to in point 1.1 of these Conditions; the ski pass is then used for the use of the purchased services. The use of the services by the purchaser begins with the exchange of the voucher for the ski pass.

3. Delivery conditions

3.1 The Seller is obliged to provide the services to the Buyer in the agreed quantity, quality and date and to deliver a voucher to the Buyer for this purpose.

3.2 The Buyer is obliged to accept the voucher for the ordered services, pay the agreed purchase price to the Seller.

3.3 The Buyer is not obliged to use the services, however, in case of non-use of the services, the Buyer is not entitled to a refund of the purchase price, nor to the provision of replacement services or the same services on a different date. This also applies if the ski pass is lost, stolen, damaged or misused after the ski pass has been handed over to the buyer.

3.4 Each order will be accompanied by a tax document complying with the statutory requirements.

3.5 By purchasing a ski pass, the buyer agrees to comply with the applicable operating and business conditions and the White Code (i.e. the rules of movement and behaviour on the slope).

3.6 The Ski-pass can be used on all cableways and ski lifts in the Winter Park Martinky ski resort.

3.7. Ski-pass is valid during the operation of cableways and ski lifts during the operating hours specified by the Seller, which are published on the Seller’s website, as well as directly at the place of operation

3.8. Ski pass is non-transferable.

3.9. An hourly ticket is non-transferable and valid for 4 consecutive hours from the first time through the turnstile. It expires at the end of the time or at the end of the operating hours at the resort on that day.  A season pass is only valid for the person with the surname and first name for which it was issued, otherwise such ski pass will be blocked or withdrawn for the remainder of the winter season without refund.

3.10. Due to the nature of the services provided by the Seller, in the event of adverse weather conditions preventing the operation of all transport facilities, the Seller may issue replacement tickets for any other date in the season, if only some of the facilities are not in operation no refund will be provided. No financial compensation shall be granted.

4. Purchase price

4.1 The purchase price of the services is always indicated on the Seller’s e-commerce website including VAT. The Seller reserves the right to change the prices of the Services at any time. This does not affect the price for services according to orders already confirmed.

4.2 If a discount for certain services is published in the e-shop, this discount can only be applied if the conditions are proven by a credible document when exchanging the voucher for a ski pass. In the event of an unjustified discount, the seller is entitled to withdraw from the contract or to demand the full purchase price of the service in question.

4.3 The Buyer is obliged to pay the Seller the purchase price of the Services (hereinafter referred to as the “Purchase Price”) via the payment portal included in the Online Shop after the Seller confirms the order.

5. Complaints procedure (liability for defects, warranty, complaints)

5.1 The Seller shall be liable for defects in the Services and the Buyer shall promptly file a claim with the Seller in accordance with these General Terms and Conditions.

5.2 If the Services have not been properly provided or are defective, the Buyer shall have the right to make a claim at the Seller’s premises by completing the Claim Form and delivering it to the Seller. The Buyer is obliged to indicate in the form the exact type and extent of the defects in the goods.

5.3 The Buyer is obliged to claim defects in the Services from the Seller without undue delay after they have been rendered and, if they have not been rendered at all, from the date on which they should have been rendered.

5.4 The commencement of the claim procedure is also the date of the claim.

5.5 On the day of receipt of the claim, the Seller shall issue to the Buyer a proof of receipt of the claim in a suitable form chosen by the Seller.

5.6 Due to the nature of the services provided by the Seller, the Seller shall remedy the claimed defects in the services by providing replacement services or a discount on the purchase price. In cases where it is not possible to remedy a defect in the services by providing replacement services or by a discount on the purchase price, the Buyer shall be entitled to a refund of the purchase price

5.7 The Seller is obliged to issue the Buyer with a written proof of the complaint within 30 days from the date of the complaint.

5.8 The handling of the claim shall only apply to the defects specified in the claim form.

5.9 Complaints may be made in person at the premises referred to in clause 1.1 of these Terms and Conditions, by e-mail or in writing to the address of the Company’s registered office.

5.10. The provisions on the application and handling of complaints set out in this Article of these Terms and Conditions shall apply mutatis mutandis to the handling of other complaints and complaints.

6. Privacy Policy

6.1 The Seller processes freely provided personal data of the Buyer, namely name, surname, address, email, telephone number, as the processing of these personal data is necessary for the performance of the purchase contract to which the Buyer and the Seller are parties, and/or for the processing of the Buyer’s request prior to the conclusion of the purchase contract related to the Seller’s goods and services, and for the fulfillment of the Seller’s obligations imposed by generally binding legal regulations. The processing of personal data by the Seller shall be carried out for the period necessary for the performance of the rights and obligations arising from the contract and from generally binding legal regulations.

6.2 The Buyer may check the appropriate box before submitting the order to indicate his consent to receive information about the Seller’s news and special offers (newsletter). By ticking this box, the Buyer as the data subject freely and voluntarily grants the Seller, in accordance with the Personal Data Protection Act and the relevant EU legislation, his/her express consent to the processing of the provided email address for marketing purposes – sending newsletters via electronic mail (emails). This consent to the processing of personal data is granted by the buyer for a period of 5 years.

6.3 The Buyer is responsible for the completeness, truthfulness and accuracy of the personal data provided. In the event of a change in the personal data provided, the Buyer is obliged to immediately notify the Seller of the change or update it directly in his/her user account.

6.4 Consent to the processing of personal data for marketing purposes (for sending newsletters) may be withdrawn by the Buyer at any time by clicking on the relevant link located directly in each marketing email from the Seller, by sending an email to the Seller, or in person at the Seller’s registered office.

6.5 In the event that the personal data provided is outdated, the consent to the processing of personal data is withdrawn, after the purpose or period for which consent was given for the processing of personal data has been fulfilled, or if the storage is inadmissible for any legal reasons, the stored personal data will be deleted.

6.6 The protection of personal data is governed by the provisions of the Personal Data Protection Act and the relevant EU legislation, which also regulates the rights of the buyer as a data subject. The buyer has the right to free information regarding the processing of his stored data. Subject to compliance with the requirements set out in the generally applicable legislation, the Buyer also has (i) the right to access his personal data, (ii) the right to rectification of inaccurate personal data, (iii) the right to restrict (block) the processing of personal data, (iv) the right to object to the processing of their personal data for direct marketing purposes, (v) the right to erasure of personal data, in particular if they are no longer necessary for the purposes for which they were collected or otherwise processed or if they have withdrawn their consent to their processing and if there is no other legal basis for the processing, or if the personal data have been processed unlawfully. In the same way, the Buyer also has the right to data portability, i.e. the right to obtain the personal data he has voluntarily provided to the Seller in electronic form, in a structured, commonly used and machine-readable format, if the conditions are met, and in this context he may exercise his right to transfer these data to another controller, if such transfer is technically possible (right to data portability).

6.7 In the event that the Buyer claims any of the rights of a data subject under the legislation governing the protection of personal data from the Seller and it is not possible to verify the identity of the claimant from the Buyer’s request, or in the event that the Seller has reasonable doubt as to the identity of the person making the request, the Seller reserves the right to request that person to provide additional information necessary to confirm the identity of the person making the request.

6.8 As a data subject, the Buyer has the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic, located at Hraničná 12, 820 07 Bratislava, if he suspects that his personal data is being processed in violation of the applicable legislation.

6.9 The Seller declares that it processes personal data only for the above purposes and in accordance with the Personal Data Protection Act and the relevant EU legislation, using appropriate technical, organisational and security measures.

6.10. The Buyer’s personal data may also be provided to another third party (recipients) if this is necessary for the performance of the purchase contract. In the context of order processing and the performance of the purchase contract, the Buyer’s data is provided to the extent necessary to the Seller’s contractual service providers, such as logistics service providers, carriers, banks, etc. The data may only be used by these service providers for the purposes of the performance of the purchase contract.

6.11. When processing the Buyer’s personal data for marketing purposes, the Buyer’s data is provided to the extent necessary to the Seller’s contractual service provider, in particular to the marketing service provider. The Buyer’s personal data may only be used by these service providers of the Seller for the purpose for which the Buyer has given consent to the Seller.

7. Withdrawal from the Purchase Contract (Order Cancellation)

7.1 The provisions of this Article on the right of withdrawal shall not apply to the following services: the provision of accommodation services for purposes other than living, the provision of catering services or the provision of services related to leisure activities, insofar as these services are to be provided at the agreed time or within the agreed time limit. The consumer may not withdraw from the contract in the above cases (where the seller has confirmed the order for accommodation, catering and other services mentioned above for a specific date). Cancellation of an order for services in these cases is only possible under the conditions specified by the seller.

7.2 In the case of provision of services other than those specified in the preceding clause, the Buyer shall be entitled to withdraw from the Contract within 14 (fourteen) days from the date of conclusion of the contract for the provision of the service (i.e. from the date of confirmation of the order by the Seller) without giving any reason, provided that the Seller has fulfilled its information obligations in a timely and proper manner.

7.3 If the Seller has fulfilled its information obligations afterwards, the Buyer is entitled to withdraw from the contract within 14 (fourteen) days from the date on which the Seller has fulfilled its information obligations afterwards, and if the Seller has not fulfilled its information obligations afterwards, the withdrawal period expires after 12 months and 14 days from the date of conclusion of the contract for the provision of the service (i.e. from the date of confirmation of the order by the Seller).

7.4 Withdrawal of the Purchaser from the Contract shall cancel the Contract from the beginning. The Seller is obliged not to continue to provide the service and to refund the price paid for the service to the Buyer within 15 days of the date of withdrawal from the contract at the latest.

7.5 The Buyer may not withdraw from a contract, the subject of which is the provision of a service, if the performance of the service has commenced with the consent of the Buyer before the expiry of the withdrawal period pursuant to paragraphs 7.2 to 7.3 and the full performance of the service has already taken place.

7.6 The Buyer acknowledges that if it agrees to commence performance of the Service in advance of the expiry of the withdrawal period pursuant to clauses 7.2 to 7.3, it shall lose the right to withdraw from the Contract upon full performance of the Service by expressing such agreement.

7.7 Withdrawal from the Contract must be made by the Buyer in writing and delivered to the Seller.

7.8 Along with the withdrawal from the contract, the buyer is obliged to return the relevant voucher to the seller. If the Buyer withdraws from the Services Contract and has given its express consent pursuant to paragraph 7.6 prior to the commencement of the provision of the Services, the Buyer shall only be obliged to pay the Seller the price for the performance actually provided up to the date of receipt of the notice of withdrawal from the Contract.

7.9 Details of the manner and form of withdrawal shall be contained in the consumer’s instruction and the model withdrawal form which will be provided to the consumer with each purchase.

8. Final provisions

8.1 These General Terms and Conditions come into force on 1.1.2022.

8.2 The Seller reserves the right to change these General Terms and Conditions. The obligation to notify the Seller in writing of a change to these General Terms and Conditions is fulfilled by placing it on the Seller’s e-commerce website.

8.3.The relevant provisions of the Civil Code, Act No. 22/2004 Coll. apply to the relations not regulated by these General Terms and Conditions. No. 250/2007 Coll. on Consumer Protection, as amended, and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises, as amended.

8.4 These General Terms and Conditions shall come into force for the Buyer at the moment of order confirmation.

8.5 By confirming the order, the Buyer confirms that he/she has read these General Terms and Conditions and agrees to them in their entirety.