These General commercial conditions for the use of PARK SNOW Cards (furthermore only “Conditions”) regulate the issue and use of the cards PARK SNOW Card (furthermore only “card”) by INFO DONOVALY, s.r.o., which is a legal entity and business entity per Commercial Laws and based at Nám. Sv. Antona Paduánskeho 136, Donovaly 976 39, and their contractual partners and holders of a PARK SNOW Card which INFO DONOVALY, s.r.o. which can when needed regulate.
Definition of terms
- Card holder is understood to be any Slovak or foreign private citizen to whom a card has been issued. The card is non-transferrable, is issued against the name and surname of the card holder and offering the card to third parties is forbidden.
- Accommodation facility means a building, premise or an area where the public is provided for payment with temporary accommodation and associated services.
- Infocentre is understood to be: Infocentre in the PARK SNOW Donovaly ski resort.
- A card means all PARK SNOW Card cards issued by the distribution point to the cardholder. The card represents the provided discounts set of services of INFO DONOVALY, s.r.o. partners. The discounts set of services is used by cardholders. The card is in the form of an electronic card, and a set of discounts for the contracted partners’ services is recorded on this card via the Feratel - Gäste Card information system. The card can be used in a specified territory.
- The card visually shows the following: card holder name and surname, date of birth, bar code, code number, unique card number, card validity, and type of card. Technical and administrative facilities are managed by INFO DONOVALY, s.r.o. The card is valid immediately after the personal data are entered into the system and are printed on the physical card.
- Acceptance point is understood to be a contractual partner of INFO DONOVALY, s.r.o. that accepts the cards and where the card holder can make use of the services with their relevant discounts.
- Distribution point is understood to be a contractual partner of INFO DONOVALY, s.r.o. that issues the cards. Issuing points for defined types of cards are:
a) accommodation facilities
- Types and descriptions of cards:
- The category of the card is on the front side of the card:
a) PARK SNOW Card
Its holder is a guest who is 6 years old and more, accommodated at partners’ accommodation facilities in the range from 2 to 4 nights (5 to 8 nights) in the period from 1.12. to 31.3.2019. The card is issued to the guest on the request at the reception desk, resp. based on the pre-sent fix order to the owner of the accommodation facility. The card is issued in the name of the guest with the date of birth and is non-transferable. The card is activated on the day of arrival or the following day. The card is valid only during the guest’s stay and the price is EUR 2.20 (VAT included).
b) PARK SNOW SEASON Card Its holder is a guest older than 6 years who buys an all season skipass valid in the 2018-2019 ski season in Donovaly. The card is issued upon guest’s request in the resort’s administration office (PARK SNOW, Pod Magurou 801, 976 39 Donovaly). The card is issued in the name, with the date of birth and is not transferable. The card is activated on the day of issuance. The card is valid since the date of issue from 1.12. to 31.3.2019 and its price is EUR 0,00.
c) Guide to PARK SNOW Card Guide is a printed material in a form of paper brochure/flyer given to every cardholder when activating the card. The content of the brochure is the list of partners (accepting points), with the name of the service, the amount of discount, the frequency of its use, the opening hours of the accepting point, address and telephone contact of the accepting point.
Rights and obligations of the acceptance point
- The acceptance point is bound to offer the card holder the contractually agreed discount if the card holder shows a valid card and personal ID.
- The acceptance point is bound to register the card holder or the used services in the product system.
- The acceptance point has the right to retrieve the personal data from the card of the card holder.
- The acceptance point has the right to confiscate the card if it is discovered that the card is being used by an unauthorised person. The acceptance point serving personnel has the right to confiscate the card without the need to replace it to the unauthorised person and deliver the confiscated card to INFO DONOVALY, s.r.o. with the aim to have it blocked.
- The acceptance point has the right to require the card holder to order the relevant services in good time or has the right to refuse the relevant offered services due to fully booked accommodation facility or facility services to other guests or due to operating and technical reasons.
- The acceptance point, prior to or during the offered services, has the right to demand that the card holder receives from them the valid operating regulations of the acceptance point.
- The acceptance point is bound to display the sticker on their premises that they are a card acceptance point.
- The acceptance point does not have the right to issue cards.
- The acceptance point has the right to amend their operating hours.
- The acceptance point are liable for relevant damages incurred due to the poor quality of offered services.
- The acceptance point is not bound to offer the card holder an alternative time to use their services in the event of non-availability of their services due to electricity cuts, maintenance, inclement weather conditions or force majeure, etc.
Rights and obligations of the distribution point
- The distribution point is bound to issue (activate) the type of card per the conditions of article I. paragraph 8 of these conditions.
- The distribution point has the right to obtain, process and archive the card holder’s personal data for the purpose of issuing the card.
- The distribution point is bound to hand over to the card holder or their family member or group the “Guide to PARK SNOW Card”.
- The distribution point has the right to issue (activate) a card only to accommodated guests.
- The distribution point does not have the right to issue duplicate cards to guests due to loss of card or damage to the original card.
- The distribution point is bound to display the sticker on their premises that they are a card distribution point.
Rights and obligations of the card holder
- A cardholder – PARK SNOW Card, resp. applicant of its issue, in accordance with EU Regulation No. 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, resp. Act No. 18/2018 Coll. on personal data protection, hereby duly, freely and seriously grants to subjects stated in the article I. sections 2, 3, 6 and 7 (accommodation facility, infocentre, accepting point and distribution point) under these conditions consent to the personal data processing for the purpose of providing discounts resulting from the possession of the card in question. The range of personal data, which the cardholder provides as a person concerned is: (i) title, name and surname, (ii) the date of birth, (iii) the address of permanent residence, (iv) gender. The data will be used in the operator’s own information system Feratel - Gäste Card for the purpose of providing the required services and the necessary archiving. The card applicant is obligated to sign the handover protocol when taking the card in question over. The cardholder, resp. applicant of its issue acknowledges that the processed personal data can be, for the purpose of issuing, resp. using discount/customer card, provided to third persons - accepting points, accommodation facilities, resp. operators of the other related services, administrator of the information system, which the applicant/cardholder agrees without reservations with. The card holder, resp. applicant of its issue acknowledges and grants to the system administrator the consent of processing the other personal data provided by the cardholder in connection to the issue, resp. use a discount/customer card. This consent is granted by the cardholder as a person concerned on a voluntary basis for the duration of one season (summer, winter) for the purpose of processing the final statistics of the information system. The card holder, resp. applicant of its issue may, as a person concerned, withdraw this consent at any time. The withdrawal of the consent is done in the same way as it is granted and therefore must be in a written form, signed and dated, the person who withdraws the consent must be identified, time when the consent was granted must be stated and sent to INFO DONOVALY, s.r.o., Nám. sv. Antona Paduánskeho 136, 976 39 Donovaly or to e-mail address: email@example.com. The card holder, resp. applicant of its issue is obliged to inform the operator, which is INFO DONOVALY, s.r.o. of any change of their personal data without undue delay. At the same time, the cardholder duly declares that the personal data provided by him/her are complete, correct and true. A person concerned is entitled to take proceedings on personal data protection at the Office for the Protection of Personal Data, Hraničná 12, 820 07 Bratislava 27. All other rights of the persons concerned pursuant to the EU Regulation are stated in the GTC section Personal Data Protection, resp. published on the website www.parksnowcard.sk (in the section – Personal Data Protection and Business Terms and Conditions).
- The card holder has the right to use all the benefits offered by the acceptance points as shown in the Guide to PARK SNOW Card.
- The card holder does not have the right to change the supplied list of services or acceptance points that are classified for a definite type of card.
- The card holder is bound to pay a fee of 2.20 Euros incl. VAT to the place where the card is issued for the card.
- The card holder is bound to accept the operating hours and operating regulations of both the acceptance and distribution points.
- The card holder is bound to show a valid card and valid proof of identity when using the discounts.
- The card holder has the right to be a holder of only one type of card as shown in art. I. paragraph 8 of these conditions.
- The card holder has the right to make a claim for damages caused by contractual partners of INFO DONOVALY, s.r.o. (acceptance point, distribution point) resulting from insufficient offered services and conditions at the provider of said services, in other words the distribution or acceptance points.
- The card holder is bound to accept changes to the range, manner, amount and place where discounts are offered in the event of termination of contractual cooperation with any of the card acceptance points.
- The card holder is bound to ensure that only the authorised card holder uses the card. The card is authorised to be used only by the person against whose name the card was issued.
- The card holder is bound to protect the card against mechanical, chemical or other damage caused by magnetic fields and also against its loss.
- The card holder does not have the right to replacement services in the event of their failure during the validity of their card.
- The card holder is bound to accept changes to details shown in the Guide to PARK SNOW Card.
- In the event of damage to the card, the card holder must inform this state without delay to a distribution point or INFO DONOVALY, s.r.o.. The card holder is bound to submit valid proof of identity of the person to whom the card was issued when returning the damaged card.
Rights and obligations of INFO DONOVALY, s.r.o.
- INFO DONOVALY, s.r.o. has the right to check the distribution and acceptance points for the purpose of checking the quality of the offered services.
- INFO DONOVALY, s.r.o. is not responsible for possible damages incurred by the card holder that may arise during provision of the discounted services of the acceptance points or while the card is being issued by the distribution point.
- INFO DONOVALY, s.r.o. has the right to issue a duplicate card in the event of loss of or damage to the original card. A duplicate card costs 4.90 Euros incl. VAT.
- INFO DONOVALY, s.r.o. has the right to block a card in the event of its misuse.
- INFO DONOVALY, s.r.o. is not bound to make financial compensation to the card holder in the event of the card holder being unable to use the services of an acceptance point due to non-availability during the validity of the card.
Length of validity
- Length of validity of each card is set out in article I. paragraph 8 of these conditions.
- The card holder upon receiving their card agrees without exception to the contents of these PARK SNOW Card General commercial conditions and undertakes to abide by them.
Cancellation of card and card holder responsibilities
- INFO DONOVALY, s.r.o. shall cancel the card in the event that the card holder whenever and for whatever reason request such in writing and submits the relevant card for this request which they shall deliver in person or send by registered mail, courier service, whereby they shall prior to such deface the card by cutting it in at least two pieces. The card holder shall not be accountable for provided services realised by used of the card and that from the time the distribution point or INFO DONOVALY, s.r.o. demonstrably are in possession of the relevant card.
- INFO DONOVALY, s.r.o. can at any time whatsoever demand the return of all cards, where appropriate cancel or block all cards, refuse to issue, change or renew a card, mainly in the event that the card holder does not properly and in due time meet their obligations shown in these conditions.
- A request to return or cancellation or suspension does not excuse the card holder from their responsibilities concerning the use of the card prior to the actual return of the relevant card to INFO DONOVALY, s.r.o.
- In the event of loss, theft or unauthorised use of the card, or if the card is found to be in the possession of a person other than the card holder, the card holder is bound without delay to inform this fact in writing to INFO DONOVALY, s.r.o. either in person, by mail, courier, e-mail or fax. The announcement must be sent either to the following address or fax no.: INFO DONOVALY, s.r.o., Nám. Sv. Antona Paduánskeho 136, Donovaly 976 39. It is necessary to show the complete card number in the announcement.
- In the event of loss, theft or unauthorised use of the card the card holder is bound to cover the damages incurred in connection with the loss, theft or unauthorised use of the card that may arise to the subjects shown in art. I. paragraphs 2,3,6 and 7 of these conditions.
Personal data protection
- INFO DONOVALY, s.r.o. and distribution points are authorised to process the card holder’s data provided when issuing the card and the card holder signing the acceptance certificate as well as data about used services and offered discounts based on the card which INFO DONOVALY, s.r.o. may gain and that for the following purposes:
a) making out the cards, filling out the contract and asserting the rights of INFO DONOVALY, s.r.o.,
b) for the purpose of finding out the behaviour of clients on the market with the aim of improving and expanding the offered services on the part of INFO DONOVALY, s.r.o. and the acceptance points.
- INFO DONOVALY, s.r.o. is authorised either by themselves or by means of an intermediary to store data in electronic form, data in both written and electronic form to be retained, gathered, organise, search for, scan for, utilise, combine, review, and where necessary provide a allow access to said data to other intermediaries and persons in the necessary range mainly for the purpose of manufacturing the cards.
- The card holder shall without delay inform INFO DONOVALY, s.r.o. or distribution point about whatsoever changes to whatsoever relevant data provided to INFO DONOVALY, s.r.o. or distribution point.
Cessation of contractual relations
- Contractual relations cease upon:
a) agreement by the participants,
b) immediate effect in the event that the card holder breaches whatsoever obligations as set out in these conditions and that with effect upon issuance of the decision by INFO DONOVALY, s.r.o. to immediately terminate the contractual relations,
c) destruction of the card,
d) end of the period for which the card was issued per the terms as set out in these conditions.
- All written matters concerning the legal relations between the participants shall be delivered:
a) by post,
b) by a third party authorised to deliver mail,
c) in person.
- Written matters concerning the legal relations based between the participants shall be delivered by registered mail to the participants address as written in the contract. The card holder is bound to inform INFO DONOVALY, s.r.o. of any change whatsoever to their address per the regulations shown in this article and that within three days of the change of their address.
- If the participant does not take delivery of the delivery at the address shown in the contract, the delivery is considered to have been delivered three days after it has been returned to the sender even if the addressee is not aware of such. All legal effects of the delivered written matters come into being on the day on which the written matters are considered to have been delivered.
- If the participant does not take delivery of the delivery at the address shown in the contract and this address is not identical to their address registered in the company register or any other registry ,then the sender is bound to repeat the delivery to the participant’s address registered in the company register or any other registry. Point 3 of this article covers in full this type of delivery.
- INFO DONOVALY, s.r.o. is within their rights to deliver by means of the methods published at http://www.parksnow.sk.
- INFO DONOVALY, s.r.o. is authorised at any time whatsoever to change and add to these conditions. Changes to the conditions are valid, effective and thereby binding for both contractual parties, unless there is not a later date shown, on the first working day following the day the card holder is informed of said changes by means of them being published on http://www.parksnow.sk.
- Use of whatsoever card issued to the card holder after the changes to conditions come into effect means the card holder agrees to said changes. In the event that the card holder does not agree to the changes to the conditions they shall proceed in accordance with article VII of these conditions.
- INFO DONOVALY, s.r.o. is not accountable to the card holder for non-fulfilment of their contractual obligations per the following cases:
a) resulted in the delay, prevention, intervention, restriction or preclusion of their fulfilling whatsoever circumstance that are out of the control of INFO DONOVALY, s.r.o. or acceptance points, their representatives or suppliers which can be from them rightly demanded;
b) based on the adherence to whatsoever law, regulation or statute or whatsoever command, demand or request from whatsoever local or other authority or other agency.
- The contractual parties agree that the binding relationships arising from this contract as well as binding relationships of this contract expressly unfinished shall be governed by the relevant provisions of the Commercial Law of the Slovak Republic and other general binding legal regulations of the Slovak Republic whereby conflicting regulations shall not be used.
- Any eventual invalidity of any part or parts of these conditions does not influence the validity and effectiveness of the remaining arrangements.
- General commercial conditions are issued by INFO DONOVALY, s.r.o., based at Nám. Sv. Antona Paduánskeho 136, Donovaly 976 39, Co.reg.: 36 629 731, registered in the Company Registry filed at the District Court Banská Bystrica, section Sro, entry no. 9660/S and the companies representing the acceptance points and comes into effect on 1.12.2018.