Terms and Conditions of membership

Unless the context requires otherwise, the following capitalised expressions have the following meaning:

Headings in these Terms serve only for easier orientation in the text and may not be used for the purposes of interpretation. Unless the context requires otherwise, expressions in the singular also include the plural.

For the purposes of the Agreement and these Terms, a consumer is any individual who concludes the Agreement with the Club or otherwise deals with the Club outside the scope of their business activity or outside the scope of the independent exercise of their profession (the “Consumer”). If the Member is not a Consumer, relations between the Member and the Club not governed by the Agreement or these Terms are governed by statutory regulations, whereby the provisions of Section 1810 et seq. of the Civil Code on obligations arising from contracts concluded with a consumer do not apply.

The Club observes the rights and obligations which applicable legislation grants to Consumers even where they are not expressly regulated by the Agreement or these Terms.

Through the Agreement, the Club enables the Member to become a full member of the Club and, for the duration of the membership, to use the related benefits, in particular access to the App, to the club community, the possibility to register for Club Events and to draw other Club benefits.

By concluding the Agreement, the Member confirms that they have read these Terms and the Code, agree with their content and undertake to comply with them throughout the duration of their membership (including where the content of the Code changes, of which the Club will inform the Member).

The Applicant completes the entry questionnaire on the Club’s website and, as part of it, electronically approves the Code and these Terms, and then attends an in-person or online interview with a Club representative. On the basis of the questionnaire and the interview, the Club decides at its own discretion on the acceptance or rejection of the Applicant, including without stating a reason; neither the submission of an application nor any other communication with the Applicant before the conclusion of the Agreement in itself establishes a legal claim to membership.

If the Applicant is accepted, the Club sends them the Agreement for electronic signature and subsequently the instructions for payment of the membership fee pursuant to Art. 4 of these Terms.

Membership arises at the moment when both of the following conditions are met, whichever occurs later: (a) the Applicant signs the Agreement electronically; and (b) pays the membership fee. Once the later of these conditions occurs, the Club grants the Member access to the App.

Only a natural person over 18 years of age, with full legal capacity and holding a valid driving licence, may be a Member. The Member is obliged to inform the Club without undue delay if they cease to meet these conditions.

Membership is bound exclusively to the person of the Member and is not transferable to another person.

The Club will issue to a Member who is a Consumer a confirmation of the concluded Agreement in text form within a reasonable time after its conclusion, at the latest before it begins to provide performance under the Agreement.

Membership under the Agreement is a purely contractual relationship between the Club and the Member. It is not membership in an association or any other corporation; it does not give the Member the right to participate in the management of the Club, to act on its behalf, or any claim to a share in its assets, profit or revenues.

The amount of the membership fee for the current Season is set out in the Agreement.

The Club sends the Member the instructions for payment of the membership fee by e-mail after the Agreement is signed. The membership fee is due within the period stated in those instructions. The Club will issue an invoice (tax document) to the Member upon request.

The membership fee is remuneration for the operation of the Club, the App, the club community and related benefits. It does not include participation in individual Club Events or Package Tours – these are paid for separately.

The membership fee is paid for the whole Season and is not reduced if the Member joins the Club during the Season. In such a case the Member gains access to all rights arising from membership for the remainder of that Season.

The membership fee is non-refundable, not even a proportionate part of it, except in the cases expressly stated in the Agreement or in these Terms.

The Club is entitled to change the amount of the membership fee for the following Season unilaterally; it will inform the Member of the new amount together with the invitation to renew membership pursuant to Art. 5.2 of these Terms. No amendment to the Agreement is required for a change in the amount of the membership fee, to which the Member expressly consents by signing the Agreement.

Membership is agreed for the duration of one Season stated in the Agreement and expires upon its lapse without any further action of the Contracting Parties. Membership does not renew automatically.

The Club will send the Member an e-mail invitation to renew membership for the following Season, including the amount of the membership fee for that following Season and payment instructions, approximately 90 (ninety) days before the end of the current Season, with reminders approximately 60 (sixty) and 30 (thirty) days before its end.

If the Member pays the membership fee for the following Season on the basis of the invitation under Art. 5.2 before the end of the current Season, the membership continues into the following Season under the newly notified conditions. If the Member does not pay the membership fee by the end of the current Season, the membership expires on the last day of the current Season and the Club will block the Member’s access to the App.

Membership in itself neither entitles nor obliges the Member to participate in any specific Club Event. Participation in a specific Club Event arises only once the Member registers for that event in the App and pays the relevant participation price.

If a specific Club Event is by its nature a Package Tour, a separate package tour contract arises between the Club as the tour organiser (or as the facilitator of linked travel arrangements) and the Member as the customer, governed by the Civil Code and by the specific conditions of that event, which the Club presents to the Member before registration; those conditions contain, among other things, the scope and price of the included services and the conditions of any cancellation.

The Agreement and these Terms govern only the relationship between the Member and the Club in connection with membership; the conditions of specific Club Events and Package Tours are not affected by them and are governed by the documentation of the given event.

The Member is obliged to comply with the Code, the rules of individual Club Events and the instructions of the Club and of the organisers of the specific Club Event.

Detailed rules on safety, conduct at Club Events, the technical condition of the vehicle, insurance and liability for damage are governed by the Code, or by a special package tour contract relating to the specific Club Event.

The “Roadrunners” designation, the Club logo, the content of the App, club materials and other elements of the Club’s visual identity are subject to the Club’s rights. Neither membership nor the Agreement grants the Member any licence to them and the Member is not entitled to use them for their own purposes, in particular to promote their own business activity, without the Club’s prior written consent.

The Member is not entitled to act on behalf of the Club, present themselves as its representative or make statements which could give the impression of being an official position of the Club.

The processing of the Member’s personal data in connection with the use of the App is governed by the Club’s Privacy Policy, available on its website.

The taking, storage and sharing of photographs, video and other recordings from Club Events is governed by the Code, which makes the sharing of a recording in which a specific person is identifiable conditional upon that person’s prior consent.

The Member hereby grants the Club prior consent within the meaning of Art. 5.2 of the Code that the Club is entitled to take, store and use photographs, video and other recordings in which the Member is identifiable and which were created in connection with a Club Event:

The consent under Art. 8.3 applies to Club Events taking place during the Member’s membership; on its basis the Club is entitled to publish the recordings even after the membership ends, unless the Member withdraws the consent pursuant to Art. 8.6.

If the Member does not wish to be captured in a photograph or video together with a specific person, they shall notify the organiser of the given Club Event in advance; the Club undertakes to respect such a request as far as possible, but cannot guarantee that the Member will not be captured in a recording made by another participant of the event outside the Club’s control.

The Member is entitled to withdraw the consent under Art. 8.3 at any time, either for both purposes at once or only for the promotional purpose under point (b), by notice sent to the Club by e-mail. Withdrawal of consent does not affect the lawfulness of publication carried out before the withdrawal; at the Member’s request the Club will assess and, within a reasonable period, remove published recordings for which the reason for further publication has ceased to exist.

Granting the consent under Art. 8.3(b) is not a condition of the creation or continuation of membership; the Club obtains this consent as a separate choice, distinguishable from approval of the Code and signature of the Agreement.

If the Member uploads photographs, video recordings or other content to the App, they thereby grant the Club a free, non-exclusive and time-unlimited licence to use it to the extent set out in Art. 8.3. The Member is responsible for being entitled to grant this licence and for the Club’s use of the content not infringing the rights of third parties.

Liability for damage arising in connection with participation in Club Events is governed by the Code, the rules of the specific Club Event and the package tour contract. In particular, the Member expressly acknowledges and agrees that:

If a specific Club Event is a Package Tour, the Club as the tour organiser is liable for the proper provision of tourism services to the extent laid down by law and by the relevant package tour contract; this does not affect the Member’s liability for their own conduct and for damage caused by breach of their obligations under the Code or the rules of the Club Event.

Nothing in the Agreement, in these Terms or in the Code excludes or limits the Club’s liability to the extent that it cannot be excluded or limited under legal regulations, in particular liability for harm to a person’s natural rights, for intentionally caused harm or for harm caused by gross negligence.

If the Member breaches the Agreement, these Terms, the Code, the rules of a specific Club Event or the Club’s instructions, the Club is entitled – according to the nature and seriousness of the breach, at its own discretion and without any obligation to prove the breach – to reasonably restrict or suspend the Member’s access to the App and to Club Events, or to cancel the Member’s membership immediately, without compensation and without any claim to a refund of the membership fee already paid; this does not affect the Club’s claim to compensation for damage caused by the Member’s conduct, nor the Member’s obligation to pay a membership fee already due.

The Member may terminate the membership at any time by written notice sent to the Club’s e-mail address stated in the header of the Agreement, including without stating a reason. The notice period is 1 (one) month and the membership ends upon the lapse of this notice period from delivery of the notice to the Club.

The membership fee paid for the given Season is not refunded in the case of notice under Art. 11.1, not even a proportionate part of it, since it is paid for the whole Season in advance and the Member had access to all rights arising from membership for its duration.

The Club is entitled to terminate the Member’s membership even without stating a reason, with a notice period of 1 (one) month; in such a case the Club will refund to the Member the proportionate part of the membership fee corresponding to the unused part of the Season. The Club may also terminate the Member’s membership by the procedure under Art. 10 of these Terms.

If the Member ceases to meet the conditions of membership under Art. 3.4 of these Terms, the Club is entitled to terminate the membership with a notice period of 1 (one) month; in such a case neither the membership fee nor a proportionate part of it is refunded.

Termination of membership does not affect the validity and effect of package tour contracts already concluded, nor the obligation to pay amounts already due, cancellation fees or compensation for damage.

A Member who is a Consumer is entitled to withdraw from the Agreement without stating a reason within 14 (fourteen) days of its conclusion (Section 1829 of the Civil Code). The period is deemed observed if the Member sends the notice of withdrawal to the Club during that period. To withdraw, the Member may use the model withdrawal form, or send the withdrawal in writing to the Club’s registered address or to its e-mail address stated in the header of the Agreement. Withdrawal cancels the Agreement from the outset and the Club will return the funds received to the Member without undue delay, at the latest within 14 (fourteen) days of the withdrawal, in the same way in which it received them.

Except in the cases laid down by the Agreement, these Terms and the mandatory provisions of the Civil Code or other applicable legal regulations, the Member is not entitled to withdraw from the Agreement.

Rights arising from defective performance are governed by valid and effective legal regulations, in particular the Civil Code.

If the Member believes that one of the Club’s services has been provided defectively, they shall notify the Club without delay through its contact details, in particular the e-mail address stated in the header of the Agreement (the “Complaint”). The Club will review the Complaint and inform the Member of the outcome within 30 (thirty) days of its submission. If the Club acknowledges the Complaint as justified, it will offer the Member alternative use of the defectively provided service or of another service currently provided to Club Members.

The Member undertakes to maintain confidentiality about personal, business and other sensitive information which they learn about other Members or about the Club in connection with their membership and participation in Club Events, and will not use it otherwise than in accordance with the values of the Club expressed in the Agreement and the Code.

The Member is not entitled to use information about other Members obtained in connection with their membership for the systematic offering of their own products or services, for building their own contact database, for organising events competing with Club Events, or for approaching other Members for that purpose. This does not affect the possibility of ordinary personal and business contacts among Members within the club community.

If the Member is a Consumer, neither the Agreement nor these Terms affect their rights under mandatory consumer protection legislation.

The Club informs a Member who is a Consumer of the following:

The App which the Club makes available to the Member in connection with membership constitutes digital content, or a digital content service, within the meaning of Section 1820(1)(h) of the Civil Code. The Club further informs a Member who is a Consumer that:

The Club further informs a Member who is a Consumer about the compatibility and interoperability of the App:

If the Member is a Consumer, disputes between the Member and the Club arising from the Agreement which could not be resolved directly between the Contracting Parties may be resolved by the Member through out-of-court settlement of consumer disputes under Act No. 634/1992 Coll., on consumer protection, as amended, before the Czech Trade Inspection Authority, with registered office at Gorazdova 1969/24, 120 00 Prague 2, including through the online interface available on its website (coi.gov.cz). The Member is entitled to file a proposal to initiate out-of-court settlement of a consumer dispute at the latest within 1 (one) year of the day on which they first exercised with the Club the right which is the subject of the dispute. The requirements of the proposal are laid down by law.

These Terms and the Agreement are governed by the law of the Czech Republic, in particular the Civil Code.

Any unenforceability or invalidity of any provision of the Agreement, these Terms or the Code does not affect the enforceability or validity of the remaining provisions. If any provision ceases to be valid, the Contracting Parties undertake to agree on a legally acceptable way of fulfilling the intention pursued by such provision.

The Club is entitled to change these Terms and the Code unilaterally to a reasonable extent where the need for change arises in particular from the development of the Club’s activity, an extension or adjustment of the offer of Club Events and benefits, a change of the App, a change of legal regulations or a decision of a public authority. The Club will notify the Member of the change by e-mail or through the App at least 30 (thirty) days before it takes effect, together with the new wording and the effective date.

If the Member does not agree with a change under Art. 15.3, they are entitled to terminate the Agreement within 30 (thirty) days of delivery of the notification; in such a case the membership ends on the day preceding the effective date of the change and the Club will refund to the Member the proportionate part of the membership fee corresponding to the unused part of the Season. If the Member does not terminate the Agreement within this period, they are deemed to agree with the change.

Unless the Agreement or these Terms provide otherwise, all notices, terminations and other communications are delivered by e-mail to the addresses stated in the header of the Agreement or through the App. A message sent by e-mail is deemed delivered on the day following the day of its dispatch to the last notified e-mail address of the other Contracting Party, even if the addressee did not become aware of it through no fault of their own, unless the sender received an automatic non-delivery notification. The Member is obliged to notify the Club without undue delay of any change to their e-mail address, telephone number and residential address; if the Member fails to notify a change, they bear the consequences of non-delivery to the details notified so far.

The Agreement becomes valid and effective at the moment membership arises under Art. 3.3 of these Terms.

The Contracting Parties declare that they have carefully acquainted themselves with the content of the Agreement, these Terms and the Code, understand their content, agree with all their parts and are aware of all rights and obligations arising from them. The Contracting Parties declare that the Agreement is an expression of their true, free will free from error, and that they do not consider it concluded under duress or on strikingly one-sided disadvantageous terms.

The Agreement is concluded electronically, by means of the Member’s electronic signature; the Contracting Parties declare that this form is sufficient for them.

These Terms (Annex no. 1 to the Agreement) and the current wording of the Code (Annex no. 2 to the Agreement) form an integral part of the Agreement. In the event of a conflict between the Agreement, these Terms and the Code, the provisions apply in the following order: the Agreement, the Terms, the Code, unless the Agreement expressly provides otherwise on a specific question.