TERMS AND CONDITIONS FOR COOPERATION WITH PARTNERS WITHIN THE MULTISPORT PROGRAMME

Article 1

Introductory Provisions

1. Benefit Systems Slovakia s.r.o.  hereby issues these Terms and Conditions for cooperation with a Partner under the MultiSport Programme (hereinafter referred to as the “Terms and Conditions”) in accordance with Section 273(1) of Act No. 513/1991 Coll., as amended.
2. Benefit Systems Slovakia s.r.o. is a commercial company with its registered office at Prievozská 14, Bratislava – Ružinov district, 821 09, Company Registration Number: 48 059 528, registered in the Commercial Register maintained by the Municipal Court in Bratislava III, Section: Sro, File No. 102 826/B, email:info@multi-sport.sk (hereinafter referred to as “Benefit Systems”).
3. A Partner is a legal or natural person who undertakes to provide Benefit Systems and its registered cardholders with the non-monetary benefit ‘MultiSport Programme’ (hereinafter referred to as the ‘Partner’) on the basis of a Cooperation Agreement concluded between Benefit Systems and the Partner (hereinafter referred to as the ‘Agreement’). 
4. Pursuant to the signed Cooperation Agreement concluded between Benefit Systems Slovakia s.r.o. and its sister company MultiSport Benefit, s.r.o., with its registered office at: Lomnického 1705/9, 140 00 Prague 4, Company Registration Number: 247 152 98, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 168281 (hereinafter referred to as “MultiSport Benefit”), holders of MultiSport cards issued in the Czech Republic and/or the Slovak Republic are entitled to use these cards in both the Czech Republic and the Slovak Republic.

Article 2

Definitions

1. Terms appearing in the Agreement/Terms and Conditions with a capital letter shall, for the purposes of the cooperation between the Partner and Benefit Systems as defined therein, have the following meanings:
   1. The My MultiSport app, designed for mobile devices, which allows users with or without an account to search for sports facilities, and enables users with an account to use the virtual Card as well as other available features,
   2. Child (Children) means the child (children) of an Employee under the age of 15 who uses a Card marked ‘Child’;           
   3. Card means a MultiSport card issued by Benefit Systems under the MultiSport programme, in particular as a MultiSport Classic card (the standard type of Card previously used in the MultiSport programme) or a MultiSport Basic card, either in physical/plastic form or in virtual form via the My MultiSport app as a QR code (a so-called virtual card), entitling the User to use the services at the Partner’s Premises listed in the Annex to the Contract, to the extent specified by the type of Card. Any other form of the Card (a physical copy, an electronic copy of the whole or part of the Card, a Card stored in various applications other than My MultiSport, etc.) shall be deemed to be a copy thereof;
      1. The plastic Card contains the User’s first name and surname, the Client’s name, an individual number and the Card status ‘Employee’, ‘Accompanying’ or ‘Child’;
      2. The virtual card contains the User’s first name, surname and photograph, a QR code and an offline code
      3. The current Card template is set out in Annex 1 to these Terms and Conditions. The Card is the property of Benefit Systems;  
      4. The card may also be issued in another country by a company belonging to the Benefit Systems Group or by MultiSport Benefit in the Czech Republic; in such cases, the terms of use are governed by the terms and conditions of the company in the relevant country that issued it.  The current design of the accepted virtual Card issued in Poland is set out in Appendix 1 to these Terms and Conditions.
   4. The MultiSport Basic Card is a type of Card that entitles the User to use the services of the MultiSport programme to the extent and under the conditions specified for this type of Card, in particular with a limit of a maximum of 10 visits per month (no more than 1 visit per day), at Partner Facilities and for activities made available for this type of Card in accordance with the terms and conditions of the MultiSport programme.
   5. ‘Client’ means an entity which, on the basis of a separate contract with Benefit Systems or with another company within the Benefit Systems Group or from the Czech Republic, has enabled its Employees and their dependants (Accompanying Persons and Children) to use the MultiSport Programme;  
   6. Inspector means an employee of Benefit Systems or a person acting on the instructions of Benefit Systems who is authorised to monitor compliance with the obligations under this Agreement, including the obligation to verify the identity of Users. The Inspector is, amongst other things, authorised to request that the Partner cancel an Entry and/or refrain from recording an Entry and/or to confiscate the Card if they discover a breach of the terms and conditions set out in this Agreement. The Inspector’s authority to carry out inspections under the Agreement and these GTC is demonstrated during or following an inspection by means of the Inspector’s ID card. A current template of the Inspector’s ID card is set out in Annex 2 to these GTC;
   7. An international entry means an entry by a User whose Card has been issued by the relevant company within the Benefit Systems Group. Such an entry is permitted only via a virtual card with the User’s identity verified in accordance with the terms and conditions of the relevant company in the country that issued the Card.
   8. An emergency form means a form provided by Benefit Systems, which is used to record Entries in the event that the code reader is unable to read the Entries. The Emergency Form contains the first initial of the first name and surname, the date and time of the Visit, the Card number (in the case of a virtual Card, the offline code is entered), the name of the service and the User’s signature. A template of the current Emergency Form is available for download in the Partner Zone;
   9. The Partner’s Premises, or simply the Premises, refer to the premises where the Partner provides its services to Cardholders. Detailed information regarding the Partner’s Premises, or multiple Premises where applicable, is set out in Annex 1 to the Agreement. The Partner’s services may be used upon presentation of a Card and proof of identity (subject to the exceptions set out in these Terms and Conditions);       
   10. A Verified User is a User whose photograph in the My MultiSport App has been checked by the Partner in accordance with Article 3 of these Terms and Conditions, and the Partner has confirmed in the Partner Zone that it matches the User. Verified User status is recorded in the Benefit Systems system and is a condition for the User’s authorisation to enter Autonomous Venues and Hybrid Venues in unstaffed mode in accordance with Article 4 of these Terms and Conditions;
   11. The Partner Zone means an online interface used by the Partner primarily for retrieving entries into the Facility, for generating invoicing documents, and for sending invoices and Emergency Forms.  
   12. Card Validity means the period during which the User is enrolled in the MultiSport programme and is therefore entitled to use the Partner’s services. The validity of the Card may be defined by a date for a fixed term, either i) ‘from … to …’ or simply ii) ‘from …’, in which case the Card is issued for an indefinite period;
   13. The Terms and Conditions of Use for the MultiSport Card (Classic or Basic) is a document intended for Users of Cards issued in the Slovak Republic, which sets out in detail the conditions for their use;
   14. An identity document means an original document on the basis of which the User’s identity can be verified, containing the first name, surname and a photograph, issued by a state authority (in particular an identity card, passport or driving licence), by a professional self-governing body (professional ID card), a student ID card (issued by a secondary school or university), or a company ID card (first name, surname, photograph);  
   15. The Benefit Systems Group comprises the following foreign companies:   
       • Benefit Systems S.A. (Poland)
       • Benefit Systems d.o.o. (Croatia)
       • Benefit Systems Bulgaria OOD (Bulgaria)
       • Benefit Systems Spor Hizmetleri Limited Sirketi (Turkey)
   16. A barcode and QR code scanner, or simply a code scanner, is a system used to record Entries by scanning a barcode and/or QR code. Code scanners are the property of Benefit Systems; the detailed terms and conditions for the use of code scanners are set out in the Benefit Systems Rules for the Use of Barcode and QR Code Scanners, which are set out in Article 6 of these Terms and Conditions;
   17. An accompanying person means a person close to an Employee (as defined in Section 116 of Act No. 40/1964 Coll., the Civil Code), using a Card marked ‘Accompanying’;  
   18. A trial card means a MultiSport card issued by Benefit Systems for a fixed term, either in physical/plastic form or in virtual form via the official My MultiSport App as a QR code (a so-called virtual card), entitling the User to temporarily use the Partner’s services listed in Annex 1 to the Contract, exclusively during the period specified on the Card. For the avoidance of doubt, unless expressly stated otherwise in these Terms and Conditions, a Trial Card shall also be deemed to be a Card, and all provisions of the Terms and Conditions relating to the Card shall apply to it;
   19. A User is a natural person who is the authorised holder of the Card and is entitled to use all the Partner’s services listed in Annex 1 to the Agreement. Where the term ‘User’ is used in the Agreement, it refers to an Employee, an Accompanying Person and/or a Child;  
   20. An ‘Entry’  means a single instance of the User accessing one of the services provided by the Partner (as set out in Annex 1 to the Agreement), which form the subject matter of the Agreement, during the Facility’s opening hours and in accordance with the schedule of activities. One Entry corresponds to one registration of the User’s Visit via the Code Reader, or the completion of one entry on the Emergency Form;
   21. ‘Employee’ means a natural person who performs work for the Client under an employment contract or on the basis of an agreement on work performed outside an employment relationship, or on the basis of another contract (in particular a contract for the provision of services).

Article 3

Terms of Cooperation

1. The Partner’s services are provided to Users at the Partner’s Premises on the basis of the concluded Contract, of which these Terms and Conditions form part.
2. The following conditions must be met when Users enter the Premises:
   1. A single Entry to the Premises is associated with the use of only one of the Partner’s services listed in Annex 1 to the Contract and a single scan of the Card into the system via the Code Reader, or the completion of a single entry on the  Emergency Form; 
   2. Benefit Systems will reimburse Entries recorded on the Emergency Form only if the Partner has complied with the procedure set out in Article 5 of the Offline Service Terms and Conditions;  
   3. A User who is the holder of a Card issued in the Slovak Republic, the Czech Republic, and, in the case of International Entries: Croatia, Turkey and Bulgaria, is entitled to only one Entry to the Premises per calendar day. Benefit Systems shall not bear the costs for the User’s second and subsequent Entries to the Premises on the same calendar day. A User who holds a Card issued in Poland may be entitled to multiple entries in accordance with the specific terms and conditions relating to that Card in the country of issue;
   4. Benefit Systems shall not bear the costs of unused bookings at a Partner’s Venue;
   5. The Partner is entitled to refuse a booking to a User if the capacity for the service requested by the User is full, or if the User did not attend the booked activities in the previous month and did not cancel the booking in advance;
   6. If the User exceeds the time limit for their stay at the Venue, they are obliged to pay a surcharge from their own funds at the Partner’s cash desk, in accordance with the Partner’s current price list – this applies only to the following activities: swimming pool, water park, sauna, wellness . The surcharge does not apply to organised group lessons run by the Partner;
   7. The Partner is obliged to scan or record the User’s Visit before the User utilises the service at the Premises. It is not permitted to scan or record a Visit during or after the use of services offered by the Partner under the Contract;
   8. The Partner is obliged to scan each User’s Visit into the system using the Code Scanner, or to record it on the Emergency Form, if it is not possible to use the Code Scanner at the Partner’s Premises for objective reasons;
   9. The Card is issued in the name and surname of its User, who alone may use it to access the Partner’s agreed services at the Premises. In order to comply with this condition, the Partner is obliged to verify the User’s identity prior to granting access to the Premises:
      1. plastic Card: Prior to each Entry, the Partner is obliged to request that the User present a valid plastic Card, a specimen of which is set out in Annex No. 1 of these Terms and Conditions, and the User’s identity document, and to verify that the name on the Card matches that on the identity document, as well as to confirm that the User visually matches the photograph on the identity document presented;
      2. Virtual Card: The Partner is obliged, whenever prompted to do so by the Partner Zone prior to the User’s entry, to check the following:
         • ask the User to show a valid virtual Card in the My MultiSport App (a sample of which is set out in Annex 1 to these Terms and Conditions),
         • verify the User’s identity against their valid identity document,
         • check that the details on the Card and the User’s identity card match, and that the photograph in the My MultiSport App corresponds to the User;
         • This check is carried out in the following cases:
           • upon the first use of the virtual Card, when the User’s photograph has not yet been approved – the Partner must confirm in the Partner Zone whether they approve or reject the photograph; by confirming the photograph, the Partner records the User’s status as a Verified User within the meaning of these Terms and Conditions:
           • when the User changes their photograph or mobile device, in which case the new photograph must be re-approved – the Partner shall again approve or reject the photograph in the Partner Zone; upon the Partner’s confirmation of the User’s photograph in the Partner Zone, carried out in accordance with the procedure set out above, the User acquires the status of a Verified User within the Benefit Systems system within the meaning of these Terms and Conditions, and is thus entitled from that moment onwards to use both Autonomous Objects and Hybrid Objects in unattended mode;
           • in response to other requests from the Partner Zone, which may arise as necessary.
   10. If the Partner detects a discrepancy between the details on the plastic Card and the User’s identity document, or if the photograph on the virtual Card does not depict the User, the Partner is obliged to retain the plastic Card and/or (particularly in the case of a virtual Card) to notify Benefit Systems of this fact no later than on the day of its retention/the discrepancy is identified, and at the same time not to permit the User’s entry via the Card. If the User refuses to present their identity document to the Partner, the Partner has the right and, at the same time, the obligation to refuse to provide the service to such a User.
   11. Every User is deemed to have understood their obligation to present an identity document in specified cases, as set out in the Terms and Conditions for the Provision of Services under the MultiSport Programme.
3. The Partner undertakes to make the services available to Users in accordance with the terms of the Contract and to ensure a high standard of service for Users.
4. Partner and Client
   • 4.1 If, during their cooperation with Benefit Systems, the Partner is or becomes a Client of Benefit Systems whose Users will utilise the products and services included in the My MultiSport Programme, the Client’s Users (and therefore also the Partner’s Users) are not authorised to use, via the Card, the products and services provided by the Partner at the Venues. Consequently, the Cards of the Client’s (Partner’s) Users will not be valid for use at the Partner’s Venues.
5. The Partner undertakes to ensure that Users with a Card use only those services listed in Annex 1 to the Agreement. Should Users make use of other services available at the Venue, they are obliged to pay a fee in accordance with the Partner’s applicable fee schedule. Benefit Systems shall not be liable in the event that Users utilise services at the Venue other than those listed in Annex 1 to the Agreement, nor shall it bear any costs associated therewith.
6. Additional charges
   • 6.1 The Partner is not authorised to charge additional fees for the services provided to the User as set out in Annex 1 to the Contract without the prior written consent of Benefit Systems. Benefit Systems shall not reimburse costs relating to the hire of any equipment available at the Premises by the User, in particular that required for the use of the services covered by this Agreement, nor shall it be liable for any damage caused by the User.
7. Liability of the Partner and Benefit Systems
   • 7.1 Benefit Systems shall not be liable to Users in the event of any loss or damage occurring on the premises of the Partner’s Premises which has a direct or indirect causal link to the User, including cases where the loss or damage is suffered by the User themselves.
   • 7.2 The Partner undertakes to act with due care and to ensure that:
     • all sporting, leisure and related activities at the Premises are carried out exclusively by persons with the appropriate authorisation, certification and/or professional training,
     • the Facility itself remains fit at all times to provide the relevant services in accordance with legal and safety requirements (including technical condition, hygiene and accessibility).
8. Loss of the Card
   • 8.1 The Partner undertakes to inform Benefit Systems without delay, but no later than within 24 hours, if they find a lost plastic Card on the Premises or in the vicinity thereof.

Article 4

Autonomous Facilities and Hybrid Facilities

1. An Autonomous Facility is a sports venue that operates entirely independently, without the need for human staff. All its functions are controlled by automated systems and technologies that ensure its operation, such as monitoring, access control, maintenance and other operations.
   • 1.1 In unmanned mode throughout the Facility’s defined operating hours, User entries are recorded by the Users themselves, not by the Partner.
2. A hybrid Facility is a sports venue, a location or a facility that operates with staff for part of the day and, for another part of the day, operates unstaffed as an autonomous Facility.
3. When Users enter unstaffed Facilities, i.e. in autonomous Facility mode, the following conditions must be met:
   • 3.1 A User may only  enter a Facility using a virtual Card by scanning a QR code. 
   • 3.2 A User’s entry into an Autonomous Facility or a Hybrid Facility in unmanned mode is conditional upon the User having the status of a Verified User recorded in the Benefit Systems system, as defined in Article 2 and in accordance with the procedure set out in Article 3 of these Terms and Conditions. The Benefit Systems system will automatically prevent entry by Users who do not hold this status in the system. Benefit Systems shall not be liable for any User’s inability to enter the Autonomous Facility as a result of failure to meet the verification conditions.
   • 3.3 The Partner is fully responsible for any errors relating to the reading of Entries in unattended mode.
   • 3.4 The Partner is obliged to ensure that the conditions relating to the acceptance of the Card, in accordance with the Contract and these Terms and Conditions, are complied with to the extent applicable given the autonomous nature of the Premises.
   • 3.5 The Partner is obliged to ensure that all mechanisms and automated systems required for the validation of the Card and access to the Facility operate correctly and in accordance with the requirements set out in these Terms and Conditions. The Partner shall also ensure that these systems are regularly inspected and maintained to guarantee their proper functioning.
   • 3.6 The Partner declares that all security measures at the sports venue comply with applicable legislation and standards, in particular:
     • 3.6.1 all technical and automated systems, including access control, equipment safety and the operation of the Facility, are fully functional and effective;
     • 3.6.2 safety guidelines and instructions for Users are clearly displayed to minimise the risk of accidents;
     • 3.6.3 in the event of faults or hazardous situations being detected, immediate steps are taken to eliminate the threats and to inform Users of any dangers.
4. Provision of CCTV footage for the purpose of verifying the authorised use of the Card in an Autonomous/Hybrid Facility
   • 4.1 The Contracting Parties agree that, in justified cases where there is suspicion of unauthorised or fraudulent use of the Card (e.g. entry by an unauthorised person, identity theft, circumvention of the MultiSport Programme rules), Benefit Systems is entitled to request that the Partner provide access to the relevant recording (screenshot) from the CCTV footage of the premises of the Venue where the Card was used, provided that the Partner has such a recording at its disposal, and solely subject to the conditions set out below:
     • upon request by a Benefit Systems Inspector;
     • to the extent necessary to investigate a specific incident relating to the use of the Card (time, place, person), whilst respecting the principle of data minimisation;
     • whilst complying with all security and legal requirements under the GDPR and relevant legislation;
     •  records (screenshots) will be provided in accordance with the agreement between the Controller and the Partner with the aim of preventing unauthorised access or data leakage.
   • 4.2 Benefit Systems declares that it will use screenshots from CCTV recordings solely for the purpose of verifying the legitimacy of Card use by Users and will ensure that they are handled in accordance with applicable legislation and data protection principles. Screenshots will not be disclosed to third parties, except where this is necessary to assert a legal claim or in cooperation with public authorities.
   • 4.3 The Partner declares that, prior to visiting the Premises within the meaning of this clause of the General Terms and Conditions, Users are informed in a sufficiently clear and transparent manner that their Entries may be monitored and assessed, including for the purpose of verifying the correct use of the Card and preventing fraud, and may be made available to this extent and for this purpose in the form of screenshots (screenshots)  Benefit Systems.
   • 4.4 Benefit Systems declares that Users are informed in a clear and transparent manner that, in the event of suspected Card misuse, their Inputs may be verified by means of screenshots of CCTV footage from the Partner’s Premises within the meaning of this Article of the Terms and Conditions.
   • 4.5 The Partner and Benefit Systems undertake to cooperate with one another in the area of personal data protection and, where necessary, to provide each other with the information required to ensure the transparency and lawfulness of the processing of data subjects’ personal data. Each party is obliged to ensure the protection of data subjects’ personal data in accordance with the GDPR and other relevant legislation. Each party is a separate data controller and is responsible for the security and processing of personal data within the scope of its responsibilities.
   • 4.6 The Partner acknowledges that, in the case of Autonomous Premises, the provision of CCTV surveillance of the Premises and the Partner’s subsequent cooperation within the meaning of this clause of the General Terms and Conditions constitute an essential condition for cooperation with Benefit Systems.

Article 5

Offline Services

1. In the event of any technical issues preventing the functioning of the reading device, including accessories and/or the Partner Zone, the Partner is obliged to inform Benefit Systems of this fact without delay in accordance with the rules set out in Article 6 of these Terms and Conditions.
2. The Partner is entitled to record Visits using the Emergency Form, and Benefit Systems is obliged to pay for Entries recorded on the Emergency Form only from the moment the technical problem is reported by the Partner to Benefit Systems until the moment it is resolved.
3. In the case of a child not yet of school age, an adult representative shall enter the child’s details on the Emergency Form.
4. Benefit Systems is not obliged to reimburse those Entries based on the Emergency Form that were recorded prior to the technical problem being reported, or if the Emergency Form is not duly completed (for example, if the User’s signature is missing). Furthermore, the Partner is obliged to always verify the card’s validity before recording an Entry in the Emergency Form, as Benefit Systems Slovakia is not obliged to reimburse the Partner for such an Entry if the service was used after the card’s expiry date.
5. No later than three days after the technical issue has been resolved, the Partner is obliged to send a scanned copy of the Benefit Systems Emergency Form to the email addresspartner@multi-sport.sk . Benefit Systems will manually enter eligible Entries into the Partner Zone, and these will then form part of the invoicing process.

Article 6

Terms of Use for Benefit Systems Barcode and QR Code Scanners

1. The Partner agrees to the billing of services provided by Benefit Systems using a code scanner to record Cardholders’ entries into the Partner Zone.
2. The Partner will receive a reading device and accessories free of charge from Benefit Systems:
   1. a code scanner,
   2. a code scanner stand,
   3. a USB cable
   4. login details for the Benefit Systems information system.
3. Should the Partner use their own reading device to record Users’ Entries, points 4 and points 7 to 13 of this article of the Terms and Conditions shall not apply.
4. The reader and accessories are intended exclusively for recording Users’ Entries issued by Benefit Systems in accordance with the terms of the Contract.
5. From the 1st day of the month following the installation of the reading device, including its accessories, the number of Entries recorded in the Partner Zone shall form the basis for billing between the Partner and Benefit Systems.
6. The Partner is obliged to notify Benefit Systems immediately of any technical fault in accordance with Article 5 of these Terms and Conditions.
7. Only persons authorised by the Partner are permitted to operate the device and accessories. The reader must not be made available to third parties for their independent use.
8. The reader and accessories must be used in accordance with their intended purpose and with due care for the equipment and accessories provided.
9. For the reading device and accessories to function correctly, access is required to an electronic device connected to the internet and located on the Premises.
10. Benefit Systems reserves the right to update, upgrade or uninstall the reading device and accessories at any time, following agreement of a suitable date with the Partner.
11. The reader and accessories remain the property of Benefit Systems and shall be returned in good condition upon termination of the Contract, provided, however, that the Partner shall not be liable for any wear and tear on the reader resulting from its normal use.
12. It is strictly forbidden to attempt to tamper with the software of the device and its accessories.
13. The Partner’s authorised personnel shall undergo detailed training on the installation of the reading device and its accessories and shall be provided with operating instructions.
14. In the event of technical problems or if the Partner requires information regarding the operation and functioning of the reading device and its accessories, they must contact the Benefit Systems contact person designated for the Partner. Technical support will be provided free of charge, at Benefit Systems’ expense.
15. Technical verification and processing of data relating to the card reader
    • 15.1 Benefit Systems is authorised to carry out technical verification of the correct positioning of reading devices intended to record the use of Cards at the Partner’s Premises.
    • 15.2 For this purpose, Benefit Systems may process technical data from the devices, in particular:
      1. the IP address assigned to the electronic device at the time the connected reader was used;
      2. the basic technical characteristics of such an electronic device (known as a ‘device fingerprint’), such as the type of operating system, the type of electronic device, the version of the reader software and other identifiers necessary for technical verification.
    • Further information on this processing is set out in the separate notice on the processing of personal data by Benefit Systems pursuant to Article 11(3) Agreement.
16. If the Partner does not use the reader device, the provisions of the Contract and the Terms and Conditions relating to the recording of Entries (Visits) via this device shall only apply from the date on which the Partner actually begins to use the device.

Article 7

Technical requirements

1. Web support
   • 1.1 In the case of web applications, Benefit Systems exclusively supports versions of web browsers and related technologies that have been released within the last two years. This is because they are frequently updated to fix bugs and enhance security.
   • 1.2 It is not necessary to specify a particular browser version with every update. As part of its internal Quality Assurance (QA) process, Benefit Systems regularly tests compatibility and performance against the oldest and newest browser versions within this two-year period.

Article 8

Invoicing of Entries

1. Invoicing by Benefit Systems will be based on the number of Entries made to the Partner’s Premises in a given month, taking into account the agreed prices for services at the Premises as set out in Annex 1 to the Contract.
2. Upon signing the Contract, Benefit Systems and the Partner shall agree whether invoicing will be manual or automatic. In the case of automatic invoicing, a separately concluded Agreement on the Issuance of Tax Documents (hereinafter referred to as the “Agreement”) between the Partner and Benefit Systems is required for the purpose of setting out the detailed terms of this cooperation.
   • 2.1 Manual invoicing:
     • Immediately after the end of the calendar month in which Users made Entries to the Partner’s Premises, the Partner shall issue an invoice that is correct in both substance and form in accordance with Act No. 222/2004 Coll. on Value Added Tax, as amended (hereinafter referred to as the “VAT Act”), which shall be sent by email to the address:partner@multi-sport.sk . 
     • The Partner’s account number stated on the invoice must be in IBAN format and must match the Partner’s account number specified in the Contract. In the event of a change to the Partner’s account, the procedure set out in clause 3.1.4 of this article of the General Terms and Conditions must be followed, as simply changing the account number on the Partner’s invoice is not sufficient. Unless the Partner completes the required steps, Benefit Systems will not be able to take the change into account and payment will be withheld until the Partner has duly completed them.
   • 2.2 Automatic Invoicing (PIA):
     • 2.2.1 Benefit Systems may enrol the Partner in the automatic invoicing system (hereinafter referred to as ‘PIA’), under which Benefit Systems issues invoices on behalf of and for the account of the Partner for services provided under the Contract. The Partner’s enrolment in the PIA is subject to the Partner’s consent being granted in accordance with clause 2.2.2 of this article of the GTC.
     • 2.2.2 The Partner may grant consent under clause 2.2.1 on the basis of a proposal from Benefit Systems, in which the Partner is informed of their inclusion in the PIA, including the basic terms and conditions of this procedure (hereinafter referred to as the “Proposal”), whereby the Proposal is based on the Partner’s most recent details as set out in the Contract. If the Partner grants consent, they are simultaneously obliged to confirm the Partner’s details set out in the Proposal or to correct any out-of-date or incorrect details. Consent is deemed to have been granted if the Partner confirms it in the manner specified in the Proposal.
     • 2.2.3 Invoices issued under the PIA will be made available to the Partner for approval via the Partner Zone; other conditions of the process (including the method of issue, format and payment of invoices) are governed by the relevant provisions of the Agreement and these GTC.
     • 2.2.4 The Partner is responsible for the accuracy of the details in an invoice issued on the basis of a Proposal approved by the Partner under the PIA.
     • 2.2.5 The Partner may withdraw their consent to participation in the PIA at any time with future effect by giving written notice to Benefit Systems (hereinafter referred to as the “Notice of Cancellation of the PIA”). If the Partner delivers the PIA Cancellation Notice by the 20th day of the relevant calendar month at the latest, the cancellation of the PIA takes effect from the following calendar month; no invoice will be issued under the PIA for that following calendar month. If the Partner delivers the PIA Cancellation Notice after the 20th day of the relevant calendar month, the cancellation of the PIA shall take effect only from the second subsequent calendar month; an invoice for the next calendar month shall still be issued under the PIA. By withdrawing their consent, the Partner reverts to the standard method of invoicing in accordance with the Contract, with effect as set out in the preceding sentences of this clause.
     • 2.2.6 The Partner is obliged to notify Benefit Systems in writing without undue delay, in particular of the following: a) the Partner’s registration as, or deregistration from, a value-added tax payer; b) any change to the Partner’s invoicing details (in particular a change of address or trading name); c) a change to the Partner’s bank account number, in accordance with the procedure set out in clause 2.2.6.2 of this article of the GTC.
       • 2.2.6.1 Benefit Systems shall take such notification into account in its invoicing under the PIA at the earliest possible date, usually from the following calendar month; if the notification is received so close to the end of the calendar month that it is no longer operationally feasible to take it into account in the invoicing for the immediately following month, Benefit Systems shall take it into account at the next possible date thereafter. The Partner shall be liable for any loss or other adverse consequences arising from late or failure to provide notification in accordance with this clause.
       • 2.2.6.2 The Partner’s account number stated on the invoice must match the Partner’s account number in the Proposal and the Contract. In the event of a change to the Partner’s account, the procedure set out in clause 3.1.4 of this article of the General Terms and Conditions must be followed, as simply changing the account number on the Partner’s invoice is not sufficient. Unless the Partner completes the required steps, Benefit Systems will not be able to take the change into account, and payment as per the invoice will be withheld until the Partner has duly fulfilled these requirements.
       • 2.2.6.3 If, due to a failure to provide or a delay in providing the relevant details in accordance with clause 2.2.6, it is not possible to issue an invoice for the relevant calendar month correctly under the PIA, Benefit Systems is entitled not to issue an invoice for that month under the PIA; in which case the Partner shall issue the invoice for that calendar month itself, in the standard manner in accordance with the Contract.
     • 2.2.7 The automatically generated draft invoice will be sent to the Partner for approval via the Partner Zone. The Partner will receive a notification regarding the generation of the invoice at the email address provided by the Partner for this purpose.
     • 2.2.8 Once the draft invoice has been approved by the Partner and subsequently by Benefit Systems, a document – an invoice in PDF format – will be generated in the Partner Zone, which Benefit Systems will pay in accordance with the terms and conditions set out in the Contract and these General Terms and Conditions.
     • 2.2.9 The Partner may download this document from the system in the Partner Zone for their internal use.
     • 2.2.10 All invoices will be stored in the Partner Zone under the ‘Invoicing’ tab.
     • 2.2.11 Benefit Systems is entitled, with effect from the date specified by generally binding legislation, in particular in relation to the obligation to issue electronic invoices under the Value-Added Tax Act   , which comes into force on 1 January 2027, to unilaterally adapt the technical format of invoices issued under the PIA and the method of their preparation, issuance and delivery to these legal requirements, even beyond the scope of the method set out in clauses 2.2.7 to 2.2.10 of this article of the GTC. Benefit Systems shall inform the Partner of such a change in advance. Such a change shall not be deemed to constitute termination of the contract nor shall it require the Partner to give their consent again in accordance with clause 2.2.2 of this article of the GTC.
3. Partner’s Declarations and Obligations
   • 3.1 Bank Account
     • 3.1.1 The Partner declares that the bank account provided to Benefit Systems for the purpose of payment under the Contract is validly held in the Partner’s business name and, if the Partner is a VAT payer, this account is also duly registered in the list of tax entities’ bank accounts maintained by the Financial Administration of the Slovak Republic pursuant to Section 6(1) of the VAT Act and is available in the list on the Financial Administration’s portal https://www.financnasprava.sk/sk/elektronicke-sluzby/verejne-sluzby/zoznamy/detail/_3a11bae5-4c60-46fd-b57e-ae0700a98ee7.
     • 3.1.2  If Benefit Systems discovers that the account is not properly registered as set out above, it shall inform the Partner, who is obliged to register the new account number with the Financial Administration and, at the same time, to inform Benefit Systems thereof.
     • 3.1.3 Benefit Systems is entitled to require the Partner to provide evidence that the account is held in the Partner’s name (e.g. by means of a bank statement for the account in question, etc.).
     • 3.1.4 In the event of a change to the Partner’s account number, the Partner undertakes to notify Benefit Systems of this in good time by email topartner@multi-sport.sk via the Partner’s contractually designated contact person (who must be included at least in copy on such a notification email), and the email should also include proof of ownership of the account in question. If the Partner is a VAT payer, the account must also be registered in accordance with clause 3.1.1 of this section 3 of the Terms and Conditions. Benefit Systems is entitled to refuse to accept a change of account if it is reported in breach of this section of the GTC, and to withhold payment until such time as compliance with the conditions set out in clause 3.1 of this section of the GTC has been duly demonstrated.
   • 3.2 The Partner further declares that it shall fulfil all tax obligations arising from the services provided under the Contract (including the obligation to pay value added tax, if it is a VAT payer) properly and in a timely manner.
   • 3.3 The Partner also acknowledges that Benefit Systems bears no responsibility for the accuracy of the information provided by the Partner or for the fulfilment of the Partner’s tax or accounting obligations. Should Benefit Systems suffer any loss as a result of the inaccuracy of the above declarations or a breach of tax obligations on the part of the Partner, the Partner shall be obliged to compensate Benefit Systems in full for such loss.
   • 3.4 Statutory Liability
     • 3.4.1 The contracting parties, having regard to the provisions of Section 69b of the VAT Act, have agreed that if, at the time of payment of the price on the basis of an invoice, any of the circumstances set out in Section 69(13) of the VAT Act apply, Benefit Systems shall not be obliged to pay the price until the Partner has demonstrated, in a sufficient and credible manner, within a period of no later than 5 working days from a written request by Benefit Systems (an email is also sufficient), that there are no grounds for the application of Section 69b of the VAT Act. The Contracting Parties have agreed that, during the aforementioned period, the due date of the invoice/payment schedule shall not run.
     • 3.4.2 If the Partner fails to demonstrate within the aforementioned period that there are no grounds for applying Section 69b of the VAT Act, the Contracting Parties agree that Benefit Systems is entitled to apply the special method of tax payment within the meaning of Section 69c of the VAT Act. In such a case, Benefit Systems shall pay only the tax base to the Partner and shall pay the tax amount directly to the tax authority. Payment of the tax into the tax authority’s account shall be deemed to constitute proper performance in favour of the Partner, and the Partner shall have no claim against Benefit Systems for payment of the tax.
     • 3.4.3 The Contracting Parties have agreed that, when applying the procedure set out in this clause, failure to pay the price by the due date shall not be deemed a breach of the payment terms under the Contract, and Benefit Systems shall not be liable for any damages incurred by or the Partner in this regard; this also applies in the event of a delay in paying tax to the relevant tax authority and any related penalties that may be imposed.
   • 3.5 VAT Rate
     • 3.5.1 The Partner declares that they are aware of the relevant provisions of the VAT Act, as currently in force, and hereby confirms that the invoices issued to Benefit Systems Slovakia s. r. o. for services provided under the cooperation agreement in relation to the relevant property (hereinafter referred to as the ‘Property’), the correct rate of value added tax (VAT) is applied in accordance with the applicable legislation.
     • 3.5.2 Where a reduced VAT rate is applied, the Partner also confirms that the Property in question meets the conditions for the provision of these services in accordance with the applicable legal provisions relevant to the application of the relevant rate.

Article 9

Benefit Systems’ Right to Carry Out On-Site Inspections at the Partner’s Premises

1. Benefit Systems has the right to carry out on-site inspections at the Premises. The main purpose of these visits is to monitor compliance with the terms of the Contract, including these GTC, in particular, but not exclusively, the provision and reporting of the services covered by the Contract, the rules governing access to the Premises, and the reading and recording of Users’ Entries.
2. The Partner is obliged to provide the necessary cooperation in the exercise of Benefit Systems’ rights under the preceding provision, in particular:
   1. providing a list (electronic/paper) of Entries at the Premises;
   2. granting Benefit Systems access to the Code Scanner/Partner Zone;
   3. providing Benefit Systems with access to Users who are using services at the Premises at the time of the inspection, so that Benefit Systems may determine their number, the type of services they are using, and carry out a comparison with the data reported in the Partner Zone and/or in the Emergency Forms;
   4. providing any other reasonably necessary assistance to Benefit Systems.
3. When carrying out the inspection visits described in the preceding provisions, Benefit Systems shall use its best endeavours to ensure that persons using services at the Premises at the time of the inspection visit do not experience any greater inconvenience than is usual. Specifically, if a scheduled activity with a fixed duration, start time and end time is taking place at the time of a follow-up visit, Benefit Systems will wait until the end of the activity before carrying out the inspection, or will carry out the inspection at the start, provided that this does not disrupt the normal course of activities.

Article 10

Certain provisions regarding the processing of personal data

1. The Partner undertakes to provide Benefit Systems with all the cooperation necessary to ensure compliance with the obligations under the relevant provisions of the GDPR, as well as all the cooperation necessary to demonstrate the Partner’s compliance with its obligations arising from the Contract and binding legal regulations.
2. The specific terms of cooperation between the Partner and Benefit Systems in relation to the processing of personal data by the Partner on behalf of Benefit Systems are set out in the Contract.
3. Information on the processing of personal data by Benefit Systems, which includes, amongst other things, information on the processing of personal data of the Client’s contact persons, statutory representatives and other representatives by the Provider as the data controller, is available here: https://multi-sport.sk/ochrana-informacii/, in particular the sections ‘General Information’ and ‘Specific Information for Clients, Partners, Suppliers and Other Business Partners’.

Article 11

Communication 

1. Communication between the Partner and Benefit Systems shall take place at their contractually defined addresses, either in person, by registered post, by courier, or by electronic mail (e-mail) via the persons authorised to communicate as specified in the Contract at . The Contracting Parties are obliged to inform the other Contracting Party, in a verifiable manner, of all facts which are or may be important for the proper performance of the Contract.
2. Notice of termination or withdrawal from the Contract shall be deemed to have been delivered
   1. on the date of its dispatch to the Partner’s/Benefit Systems’ email address,
   2. on the date of its receipt or on the date of refusal to accept it if delivered in person, by courier or by post,
   3. upon expiry of the retention period specified by the postal licence holder, or
   4. on the date of its return to the sender for reasons other than those set out above (e.g. addressee unknown).
3. Unless the Contract provides otherwise in specific cases (for example, where notification is sufficient, etc.), the Contract may be amended or supplemented by written agreement between the Contracting Parties, in the form of written addenda signed by all Contracting Parties in paper form or electronically via a platform enabling the electronic signing of documents, such as Signi, or similar or equivalent methods. The Partner’s request to amend the Contract must be delivered to or notified to Benefit Systems at least 30 days in advance; unless otherwise agreed in writing in individual and justified cases, such an amendment may take effect no earlier than the 1st day of the following calendar month.
4. Should there be a change on the Partner’s part to the range of services covered by the Contract (an expansion of the range of services where the price is lower than or the same as that of services already covered by this Contract, or a reduction in the range of services, or a change to the name of a service), the Partner is obliged to inform Benefit Systems of this fact without delay by email or in writing to its postal address. Benefit Systems shall notify the Partner by email or in writing of the changes to the range of services to which it consents. This change does not require the signing of an amendment to the Contract.

Article 12

Confidentiality

1. The Partner undertakes to maintain confidentiality regarding all matters constituting confidential information and/or trade secrets of which it becomes aware in the course of performing the Contract, including these General Terms and Conditions.
2. The payment terms and the prices of the Inputs for the Property as defined in the Contract are subject to the duty of confidentiality.
3. The duty of confidentiality of the Contracting Parties shall continue even after the termination of the cooperation between the Partner and Benefit Systems under the Contract, including these GTC.

Article  13

Final Provisions

1. The current version of the GTC is always published at  https://multi-sport.sk/en/terms-and-conditions-for-cooperation-with-partners/ and is available for the Partner to inspect.
2. In the event of any conflict between the provisions of the Contract and these GTC, the provisions of the Contract shall prevail.
3. These GTC shall come into force on 1 September 2026.