Article I
Introductory Provisions
1.1
These General Terms and Conditions (hereinafter “GTC”) govern the rights and obligations of L29 Delfin s.r.o., Kollárova 259/7, 962 31 Sliač, Company ID: 54683785, registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert No. 43969/S (hereinafter “Provider”), and the customer, who is a consumer or entrepreneur (hereinafter “Customer”), when ordering and providing services through the website www.l29delfin.sk.
1.2
For the purposes of these GTC, the following terms are defined:
a) Provider – the company L29 Delfin s.r.o.,
b) Customer – a natural person or legal entity who orders a service from the Provider,
c) Consumer – a natural person who, when concluding and performing a contract, does not act within the scope of their business activity or profession,
d) Entrepreneur – a person who, when concluding and performing a contract, acts within the scope of their business activity; if the Customer provides a Company ID when ordering, they are deemed to be acting as an entrepreneur,
e) Service – an experience flight in an L-29 Delfín aircraft, a flight with the possibility of piloting under the supervision of a pilot/instructor, aircraft rental with a pilot, or another service according to the Provider’s current offer,
f) Contract – a service provision contract concluded between the Provider and the Customer,
g) Order – an electronic form, email order, written inquiry, or other proposal to conclude a contract submitted by the Customer,
h) Website – the internet site www.l29delfin.sk,
i) Available Slot – a service slot marked as available or individually confirmed by the Provider,
j) Gift Voucher – a voucher entitling its holder to use a service to the extent and under the conditions stated therein.
1.3
These GTC form an integral part of every Contract concluded between the Provider and the Customer, unless otherwise agreed in writing.
1.4
In case of conflict between individual documents, the following order of precedence applies:
a) individual written contract or individually confirmed conditions,
b) order or reservation confirmation,
c) these GTC.
1.5
The offer of services on the website is informational in nature and does not constitute a legally binding offer to conclude a contract. A contract is formed only upon confirmation of the order by the Provider.
1.6
The supervisory authority is the Slovak Trade Inspection, Inspectorate of the STI for the Banská Bystrica Region, or the relevant authority according to the nature of the matter.
1.7
Provider’s contact details:
a) address: Kollárova 259/7, 962 31 Sliač,
b) email: l29delfin@l29delfin.sk,
c) phone: +421 915 057 075.
Article II
Conclusion of Contract and Order
2.1
The Customer may order a service:
a) through the online form on the website,
b) by email,
c) in writing,
d) based on individual agreement.
2.2
An order is considered a proposal to conclude a contract. A contract is formed at the moment the Provider expressly confirms the order by email, phone, or other demonstrable means.
2.3
If the Provider does not confirm the order, no contract is formed and the Provider is not bound by the Customer’s proposal.
2.4
By submitting an order and/or checking the box agreeing to the GTC, the Customer confirms that they have read, understood, and agree to these GTC.
2.5
The Customer is obliged to provide truthful, complete, and current information in the order. The Provider is not liable for damage or complications caused by incorrect or incomplete information.
2.6
In the case of ordering a service that includes the possibility of piloting the aircraft under the supervision of a pilot or instructor, the scope of this possibility will be determined exclusively by the Provider according to current conditions, safety rules, and pilot/instructor instructions.
2.7
The Provider reserves the right to refuse an order if:
a) the service cannot be provided for objective reasons,
b) the Customer has repeatedly breached their obligations to the Provider,
c) there are safety, technical, or operational reasons preventing proper performance.
Article III
Price and Payment Terms
3.1
Service prices are listed with individual offers on the website or are agreed individually. Unless otherwise stated, prices are final and include VAT.
3.2
The Customer is obliged to pay the service price properly and on time, in the manner specified with the order or according to the Provider’s instructions.
3.3
Unless otherwise agreed, a binding reservation of a slot is conditional upon payment of the service price or the agreed deposit.
3.4
Payment is considered made on the day the relevant amount is credited to the Provider’s account or upon successful completion of an online payment.
3.5
In case of delay in payment, the Provider is entitled to:
a) cancel the reservation,
b) not provide the service,
c) withdraw from the contract.
3.6
The Provider will issue a tax document – invoice – to the Customer, including in electronic form. The Customer agrees to its electronic delivery to the email address provided in the order.
3.7
The Provider reserves the right to change service prices in the future. Already confirmed and paid orders are subject to the price valid at the time of order confirmation, unless these GTC or an individual agreement provide otherwise.
3.8
In the event of a demonstrable and extraordinary increase in JET A-1 aviation fuel prices after the conclusion of the contract, the Provider reserves the right to apply a reasonable fuel surcharge if the service has not yet been performed. The Customer will be informed of any fuel surcharge, its amount, and reason without undue delay, no later than 48 hours before the scheduled flight.
3.9
If the Customer does not agree with the fuel surcharge according to point 3.8, they have the right to cancel the reservation. In such case, the Provider will refund all payments made to date, unless the parties agree on an alternative date or other solution.
Article IV
Service Provision Conditions
4.1
The Provider undertakes to provide the ordered service in the agreed scope, quality, and time, unless prevented by safety, operational, technical, or other objective circumstances.
4.2
The Customer or the person who is to participate in the flight is obliged to arrive at the designated place on time, follow the Provider’s, pilot’s, and staff’s instructions, and complete the pre-flight briefing.
4.3
During service provision, the participant is obliged to behave in a disciplined manner, ensure safety, and respect all instructions from the Provider, pilot, instructor, and other authorized personnel.
4.4
Participation in the flight is not permitted for a person who is under the influence of alcohol, narcotics, psychotropic substances, medications reducing the ability to safely complete the flight, or whose health condition is not suitable for completing the flight.
4.5
The Provider is entitled to refuse to provide the service or interrupt its provision if the participant:
a) violates safety instructions,
b) endangers themselves or other persons,
c) acts aggressively, inappropriately, or unpredictably,
d) concealed essential health or other relevant circumstances.
4.6
In the case of a service with the possibility of piloting under the supervision of a pilot or instructor, the Provider and pilot/instructor have exclusive authority to determine the scope, duration, and conditions of piloting. If instructions are not respected, the possibility of piloting may be immediately withdrawn without entitlement to a refund.
4.7
The Provider reserves the right to change the date, time, location, or scope of the service for reasons beyond its reasonable control, particularly due to:
a) adverse weather,
b) technical failure,
c) operational restrictions,
d) pilot’s health indisposition,
e) intervention by a public authority,
f) other safety reasons.
4.8
If a change occurs according to point 4.7, the Provider will offer the Customer an alternative date. Unless the parties agree otherwise and the Customer does not accept the alternative date, they are entitled to a refund of the price already paid, unless it is a case according to point 4.9.
4.9
The Provider is not liable for the impossibility of providing the service caused by force majeure, particularly in cases of extreme weather, natural disaster, war, pandemic, airport outage, airspace closure, or other extraordinary intervention. In such cases, the service is generally rescheduled to an alternative date without entitlement to further compensation.
4.10
The Customer acknowledges that the service has an experiential and specific character and its actual course may be influenced by circumstances that cannot be precisely guaranteed in advance.
4.11
If a gift voucher is part of the service, its validity is 12 months from the date of issue, unless otherwise stated on the voucher or in an individual agreement.
4.12
After the expiration of the gift voucher’s validity, the right to use it expires, unless the Provider decides otherwise on an individual basis.
4.13
A request to extend the validity of a gift voucher is assessed by the Provider individually. There is no legal entitlement to an extension.
Article V
Cancellation Terms, Date Change, and Reservation Cancellation
5.1
The Customer has the right to cancel a reserved service slot in writing or by email.
5.2
When canceling a reserved slot, the following cancellation terms apply:
a) more than 72 hours before the scheduled date – no cancellation fee,
b) 24 to 72 hours before the scheduled date – cancellation fee of 50% of the service price,
c) less than 24 hours before the scheduled date or without notice – cancellation fee of 100% of the service price.
5.3
If the Customer does not request cancellation of the reservation but rescheduling of the flight to another date within less than 12 hours before the scheduled flight, the Provider is entitled to charge flight preparation costs in the amount of €200 including VAT. The Customer will be informed of this obligation and the Provider will issue the relevant tax document.
5.4
The Provider reserves the right to waive the cancellation fee or costs according to point 5.3 in whole or in part in justified cases.
5.5
If the reservation is canceled by the Provider for reasons on its side and no alternative date is agreed with the Customer, the Provider will refund the payments received to the extent that it has not acquired the right to retain them according to these GTC or law.
Article VI
Withdrawal from Contract
6.1
The Customer who is a consumer acknowledges that for a contract for the provision of a service related to leisure activities, if the service is to be provided at a precisely agreed time or within a precisely agreed period, they generally do not have the right to withdraw from the contract without stating a reason within 14 days, according to applicable legal regulations.
6.2
However, if it is a distance contract or a contract concluded outside the Provider’s business premises and the service is not to be provided at a precisely agreed time or period, or if it is a gift voucher without a firmly reserved date, the consumer may have the right to withdraw from the contract within 14 days from the date of its conclusion, unless a special regulation provides otherwise.
6.3
If the consumer validly withdraws from the contract according to point 6.2, they are obliged to send the withdrawal notice to the Provider in writing or by email to the contact details specified in these GTC.
6.4
If the consumer expressly requests the commencement of service provision before the expiration of the withdrawal period and subsequently validly withdraws from the contract at a time when service provision has already begun, they are obliged to pay the price for the service actually provided up to the moment of withdrawal, if this follows from legal regulations.
6.5
Each contracting party is entitled to withdraw from the contract also in case of a material breach of obligations by the other party or if performance is not possible for objective reasons.
6.6
Material breach of the Customer’s obligations includes in particular:
a) failure to pay the price properly and on time,
b) non-attendance without proper cancellation of the reservation,
c) violation of safety instructions,
d) providing false information,
e) conduct endangering the safety of persons or property.
Article VII
Complaints and Liability
7.1
If the Customer is not satisfied with the scope or quality of the service provided, they may file a complaint without undue delay, no later than 30 days from the day they learned of the reason for the complaint, but no later than the statutory period.
7.2
A complaint may be filed:
a) in writing to the Provider’s registered office address,
b) electronically to email: l29delfin@l29delfin.sk.
7.3
The complaint must include in particular the Customer’s identification details, order number or other service identification, description of the complained matter, and the requested method of complaint resolution.
7.4
The Provider will process the complaint within the period specified by applicable legal regulations.
7.5
If the complaint is recognized as justified, the Provider will provide, depending on the nature of the case, in particular:
a) an alternative date,
b) a reasonable discount from the price,
c) a refund of a reasonable portion of the price,
d) another reasonable solution.
7.6
The Provider is not liable for the impossibility or limitation of service provision caused by force majeure, actions of third parties, or circumstances on the Customer’s side.
7.7
The Provider is not liable for damage arising from the fact that the Customer or flight participant violated the Provider’s, pilot’s, or instructor’s instructions, concealed essential health facts, or participated in the flight despite not being fit to do so.
Article VIII
Personal Data Protection and Alternative Dispute Resolution
8.1
The Provider processes Customers’ personal data in accordance with applicable personal data protection regulations, in particular in accordance with the GDPR Regulation and Act No. 18/2018 Coll. on personal data protection.
8.2
Details on personal data processing are provided in the “Personal Data Protection Policy” document published on the Provider’s website.
8.3
If the Customer – consumer is not satisfied with the way the Provider handled their complaint, or believes that the Provider has violated their consumer rights, they have the right to contact the Provider with a request for remedy.
8.4
If the Provider responds negatively to the request for remedy or does not respond within 30 days from the date of its dispatch, the consumer has the right to submit a proposal to initiate alternative dispute resolution according to Act No. 391/2015 Coll. on alternative resolution of consumer disputes.
8.5
The competent alternative dispute resolution entity may be in particular the Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava 27, email: ars@soi.sk, adr@soi.sk, unless it is a dispute for which another entity is competent according to special regulations.
8.6
The current list of alternative dispute resolution entities is available on the relevant European Commission page and on the Slovak Trade Inspection website.
8.7
The Customer acknowledges that the European online dispute resolution platform (ODR/RSO) has been discontinued and is no longer in use.
Article IX
Final Provisions
9.1
Legal relations not governed by these GTC are governed by the legal order of the Slovak Republic.
9.2
If any provision of these GTC becomes invalid or ineffective, it does not affect the validity and effectiveness of the remaining provisions.
9.3
The Provider reserves the right to unilaterally amend or supplement these GTC. A contractual relationship concluded before the new version of the GTC takes effect is governed by the wording of the GTC effective at the time of contract conclusion, unless the law provides otherwise.
9.4
These GTC take effect on the day of their publication on the Provider’s website.
Valid and effective from: 01.08.2025
