1. Interpretation of terms

1.1. Contract, unless specifically stated in a particular article, means a contract for the provision of consulting and advisory services or any other contract or order under which Bc. Markéta Chodura MSc., as the provider, provides services for the other party, the client. These GTC are always an integral part of the contract.

1.2. Provider means Bc. Markéta Chodura MSc., ID No. 04054041, with registered office at Ctěnická 695/13, 190 00, Prague 9 – Prosek.

1.3. Client means the contracting party who has agreed in the contract to use the services of the provider and to pay the price for the provision of services.

1.4. The parties to the contract are the provider and the client.

1.5. Service means a service specification of which is set out in the contract.

2. Object GTC

2.1. The object of the GTC is the determination of the rights and obligations of the contracting parties, as well as other terms and conditions that are not regulated in the contract.

3. General provisions

3.1. These GTC are an integral part of any contract to which they are attached or where these GTC are referred to in the contract. They shall also be deemed to be attached to the contract as an attachment to an e-mail or electronic form without these GTC being contained in the same document as the contract.

3.2. These terms and conditions are also published on the provider’s website at marketachodura.eu.

4. Pre-contractual negotiations

4.1. All negotiations that are to lead to the conclusion of a contract are pre-contractual negotiations of the parties and the provider is not liable for the failure to conclude a contract.

4.2. If the parties provide each other with data and communications during the negotiation of a contract, each party has the right to keep a record of them even if the contract is not concluded.

4.3. If either party obtains confidential information or communications about the other party in the course of contract negotiations, it shall take care that they are not misused or disclosed without lawful justification. If it breaches this obligation and is thereby enriched, it shall give the other party what it has been enriched by.

4.4. All information exchanged between the parties during the pre-contractual negotiations shall be considered confidential information. The provider shall be entitled to keep such information for a maximum period of one year from the date of termination of the negotiations or, where applicable, for four years from the date of termination of the contract the negotiation led to. After that period, the provider is obliged to destroy such information and, if the client so requests, to issue a declaration to that effect.

5. Term of service provision

5.1. The date of provision of each type of service will be set out in the contract by specifically setting out the date or timeframe.

6. Location of service provision

6.1. Services will be provided by the provider in particular in the following premises specifically identified and specified in the contract:

6.1.1. on-line via a web interface;

6.1.2. at the provider’s establishment(s);

6.1.3. at the location of the provider’s registered office;

6.2. Unless otherwise specified in the contract, if the client requests a change in the location or time of service provision, the provider will accommodate such request if the change is possible within the provider’s schedule. Notification of the change request shall be made in writing. Communication by e-mail shall also be deemed to be in writing.

6.3. With regard to the possible scope of services provided on-line (possibly also in person), the parties expressly agree that in the case of cross-border provision of services, when the client will be located outside the Czech Republic, the law of the Czech Republic will be applicable.

7. Price of service provision

7.1. The price for hypnotherapy services is set at CZK 4,500 for 1 package session due to the characteristics of this service. The session package includes a consultation, hypnosis work, a personalised hypnotic recording, a follow-up half-hour consultation 1 week after the hypnosis consultation and a second half-hour consultation 21 days after the previous consultation. The specific dates are then determined in the contract or by agreement of the parties.

7.2. The price for other consulting and advisory services not covered by point 7.1. of the GTC are set at 1,200 CZK for each commenced hour.

8. Maturity of the price

8.1. The client agrees to pay the fee to the provider’s bank account before each session or complete package of sessions is provided. In the event that the payment is not credited to the provider’s account on the day of the session, the provider has the right to refuse to provide the service. In the event that the client cancels the booked session more than 48 hours before the scheduled time of the session, the client is entitled to a full refund of the fee for the session in question, if the fee has already been paid. In the event that the client cancels a session booked 48 hours or less before the scheduled time of the session, the client is entitled to a refund of 50 % of the fee for the session in question, if he/she has already paid the fee, or is obliged to pay 50 % of the fee for the session in question, even if he/she has not attended the session.

9. Method of action

9.1. All acts may be performed in person, by telephone, by e-mail, in writing, or in any other appropriate manner, unless the law or the contract provides for a specific form for a particular act.

10. Liability for defects, warranties, claims

10.1. The client undertakes to provide the provider with proper and detailed information on the requirements for the services provided, which may be supplemented during the consultation.

10.2. The provider declares that she complies with the therapeutic procedures and code of ethics of the International Institute for Complementary Therapists (IICT).

10.3. The parties acknowledge that, taking into account all the circumstances relating to the conclusion of this agreement, the aggregate foreseeable damage that the client may incur as a result of defects in the services provided may not exceed the amount of the provider’s fee for the specific service provided in which the client’s damage occurred. Harm means the failure of the provider to carry out a pre-arranged consultation or its early termination by the provider. The client shall assert the rights arising from the defective performance in writing by e-mail to info@marketachodura.eu or to the address of the provider specified in the introductory provisions of these GTC. The client is entitled to exercise the rights of defective performance within 3 days from the date of the consultation or the date on which the consultation should have taken place. Failure to exercise the right of defective performance within this period shall extinction the client’s right.

11. Provision of services

11.1. The client acknowledges that the services provided are not a substitute for medical examination nor are they intended to replace the client’s decision making. The purpose of the services is to guide the client to make independent decisions and address the topic of his/her choice.

11.2. The provider undertakes to provide consulting and advisory services in accordance with the client’s needs and demand, either in person or on-line.

11.3. For services provided on-line via web interface, these can only be provided with adequate technical equipment of the client, which will allow the transmission of video and audio in sufficient quality. In this context, the client undertakes to keep the camera and microphone switched on throughout the consultation, so that contact between the client and the provider can take place and the purpose of the consultation can be achieved.

12. Protection of confidential information and confidentiality

12.1. The parties may share confidential information in connection with the contract, in particular information about the client’s health, family, work and personal life.

12.2. The parties undertake to maintain the confidentiality of all facts concerning the other party or persons connected with them in any way which have come to their knowledge in the performance of the contract. The provider is obliged to respect the confidentiality of the information obtained from the client in the course of its hypnotherapeutic work and not to pass on such information to third parties without the client’s express consent.

12.3. In accordance with Regulation 2016/679 of the European Parliament and of the Council General Data Protection Regulation and Act No. 110/2019 Coll. on the processing of personal data, as amended, all personal information about the client is processed under this contract only to the extent necessary for a maximum of four years after the termination of the provision of services under this contract.

12.4. The parties consider the contents of the contract and related information to be confidential. Neither party shall be entitled to disclose this agreement and related information to a third party without the prior consent of the other party.

12.5. The parties undertake not to use the confidential information for any purpose other than those arising from the contract and the relevant order and in particular not to disclose or make it available to other persons or use it for their business activities outside the scope of the contract.

13. Termination of contract

13.1. The parties may terminate the contract without giving any reason by giving 14 days written notice. The period of notice shall begin on the first day after delivery of the notice to the other party.

14. Changes to the GTC

14.1. In accordance with Section 1752 of Act No. 89/2012 Sb., the Civil Code, the provider may amend these GTC only in the event of a change in the legal regulation or its interpretation in such a way that these terms and conditions are in accordance with the applicable legal regulation. In such a case, the provider shall be obliged to send the client a notice stating which provisions of the GTC and in what manner they are being amended, and the client shall be entitled to reject the amendments to the GTC in writing within 14 days of the date of delivery of such notice and to terminate the contract on this ground with a notice period of 14 days, which shall commence on the first day of the calendar month following the month in which the written notice is delivered to the provider.

15. Final provisions

15.1. Any deviating provisions in the contract shall prevail over the wording of the GTC.

15.2. The rights and obligations of the contracting parties not regulated by these GTC or the contract are governed by the applicable laws of the Czech Republic.

15.3. These GTC are valid and effective as of February 1st, 2024