General Terms and Conditions

GENERAL BUSINESS TERMS AND CONDITIONS
OF THE BET AGREEMENT

1.       INTRODUCTORY PROVISIONS

1.1.  These General Business Terms and Conditions of the Bet Agreement govern the rights and obligations between and among participants of the gambling games operated by Trans World Hotels & Entertainment, a.s., with its registered office at Česká Kubice 64, Česká Kubice, Postcode 345 32, Company ID No.: 64358267, registered in the Commercial Register maintained by the Municipal Court in Pilsen, Section B, File No. 492, in relation to the conditions of participation and operation of the ACC Bonus Program (ACCBP) loyalty programme.

1.2. For the purposes of these Terms and Conditions, the following terms have the following meanings:

AML Act

means Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from crime and financing of terrorism

Point Account

means the Gambler’s account within the PAC kept by the CMS where records are kept of all points won by the Gambler for the purposes of the Gambler’s participation in the ACCBP

CMS

means the TWHE’s internal system (Casino Management System)

Gambling Games

means the technical gambling game operated pursuant to the provisions of Section 3 (2) (e) of the Gambling Act and the live gambling game operated pursuant to the provisions of Section 3 (2) (f) of the Gambling Act

Game Plan

means a game plan for technical games and/or a game plan for live games operated by TWHE, prepared in accordance with the Gambling Act and approved by the Ministry of Finance of the Czech Republic

Gambler

means an Interested Party who personally made the Registration, agreed with the Terms and Conditions and completed the Registration process in accordance with the Gambling Act and the Game Plans, and who is therefore entitled to participate in the Gambling Games operated by TWHE

PAC Card

means a user card assigned by TWHE to all Gamblers, allowing them to participate in the Gambling Games operated by TWHE in accordance with the Gambling Act, the gambling game operation permissions and the Game Plans

ACCBP

means the American Chance Casino Bonus Program loyalty programme

PAC

[Player Account Card] means a gambling account opened with TWHE pursuant to the Gambling Act and registered for a natural person who has been registered for gambling with TWHE

Partner

means TWHE’s business partners authorized to participate in the operation and organization of the ACCBP

Terms and Conditions

means these General Business Terms and Conditions of the Premium Players Club loyalty programme participation agreement

Establishment or

Establishments

means TWHE’s establishments located at the following addresses:

  • ·       Česká Kubice 64
  • ·       Dolní Dvořiště 225
  • Hatě 199

Registration

means the registration process laid down in the Game Plan

Agreement

means the bet agreement entered into as an implied-in-fact contract by and between TWHE and the Gambler

TWHE

means Trans World Hotels & Entertainment, a.s., with its registered office at Česká Kubice 64, Česká Kubice, Postcode 345 32, Company ID No.: 64358267

Interested Party

means a person who is over 18 years of age and is interested in participating in the “Premium Players Club” loyalty programme, as well as in the Gambling Games operated by TWHE

Gambling Act

means Act No. 186/2016 Coll., on gambling, as amended

Multiplier

means a coefficient set by the operator to calculate the entitlement to points to be assigned

1.3. Only natural persons who complete Registration with TWHE, associated with the opening of a user account, for this purpose and who are assigned a PAC may participate in the Gambling Games operated by TWHE, under the conditions laid down in the Game Plan and under the conditions laid down in these Terms and Conditions; such persons must also meet all other conditions laid down by the legal regulations of the Czech Republic, in particular by the Gambling Act and by the AML Act.

  1. 2.      REGISTRATION

2.1. Registration for participation in the Gambling Games operated in the Establishments is only allowed for natural persons over 18 years of age.

2.2.  The Interested Party shall be obliged to come to the Establishment in person, and when doing so he/she shall be obliged to provide TWHE with any and all data laid down by TWHE and the legal regulations (for example, by completing the data in the form laid down by TWHE or otherwise, as laid down by TWHE) and, subsequently, to complete the Registration process, as laid down in the relevant Game Plan and these Terms and Conditions.

2.3. The Interested Party who has personally applied for Registration, has agreed to the Terms and Conditions, has completed the Registration process, and who is eligible to participate in the Gaming Games, shall become a Gambler and, simultaneously, a member of the ACCBP, unless he/she has refused this membership. TWHE shall be entitled to refuse to complete the Registration under the conditions laid down in the Game Plan; in such a case, the Interested Party shall not be entitled to participate in the Gambling Games operated by TWHE.

2.4. Registration may only be made at the Establishment. In connection with the completion of Registration, TWHE shall be obliged to identify and check the Gambler, in accordance with and under the conditions laid down in the Game Plan, the Gambling Act and the AML Act.

2.5. Each natural person may only have one PAC with TWHE and only be one member of the ACCBP.

2.6.  The rights and obligations arising from the Agreement may not be transferred to any third party.

2.7.  In connection with the conclusion of the Agreement and assignment of a PAC, the Interested Party shall be assigned a login password in the form of a PIN code. After assignment, the Interested Party shall become a Gambler. The Interested Party shall be obliged to change the login PIN after the first login to the PAC. The Interested Party (or, as the case may be, the Gambler) shall be obliged to keep the login PIN confidential to ensure that it cannot be misused by any third parties.

2.8. If TWHE ascertains at any time during the term of the Agreement that the PAC and the Agreement have been entered into based on invalid, untrue or incomplete data, it shall be entitled to block the Gambler from participating in the Gambling Games, including any handling of funds in the Gambler’s account, until the Gambler provides TWHE with all required data, which is valid, complete and true, enclosing the relevant documents.

2.9. The Gambler shall be obliged to notify TWHE of any and all changes to personal or other data provided to TWHE during Registration or at any time during the term of the Agreement, always no later than 14 days from the date of the relevant change, at any TWHE Establishment. The Gambler shall be obliged to prove any changes in person, either directly at the TWHE Establishment or using a certified proof sent to the contact address of TWHE or the Establishment.

2.10. Detailed conditions of Registration are regulated in the Game Plan.

  1. 3.      AMERICAN CHANCE CASINO BONUS PROGRAM

3.1. The ACCBP is a loyalty programme organized by TWHE for Gamblers. The ACCBP is focused on providing premium benefits to Gamblers by assigning loyalty points for gambling activity under the predefined conditions and for Gamblers’ other activity at the Establishments. TWHE’s partners, i.e. natural persons and/or legal entities, may also participate in the operation and organization of the ACCBP.

3.2. Any Gambler who completes the PAC registration with TWHE, becomes acquainted with the information on the processing of personal data within the meaning of Article 13.1 hereof and does not disagree with the login to the ACCBP in the Registration process shall become a member of the ACCBP.

3.3. No persons who have set any self-limiting measures under the Gambling Act may become members of the ACCBP. In the event that a Gambler sets any self-limiting measure during his/her ACCBP membership, the procedure laid down in Article 10.4 hereof shall apply, and such a Gambler shall be expelled from the ACCBP as of the date of deletion of the points from the Point Account.

3.4. Each PAC Card is also an ACCBP member’s card that serves to identify the Gambler and the ACCPB when making bets at the Establishments, to collect and use the loyalty points kept in the ACCBP member’s PAC Point Account, to record and check the points in the ACCBP member’s PAC Point Account, as well as well as to draw all other benefits arising from ACCBP membership. The PAC Card is the property of TWHE and may not be transferred to any third party. Each ACCBP member may only have one active PAC Card.

3.5. In order to gain the benefits and performance arising from ACCBP membership, the Gambler must submit the PAC Card to the staff carrying out the transaction before transactions are made or, as the case may be, use it for automatic settlement at the terminal.

3.6. The Establishment staff has the right to withhold the PAC Card if it is submitted by a person other than the Gambler who is the PAC Card holder. TWHE has the right to verify the PAC Card holder’s identity at any time using the personal identity card (ID card, passport, residence permit card) in order to verify that the PAC Card is submitted by its authorized holder.

3.7. Each Gambler shall be obliged to protect the PAC Card against loss, theft or destruction. In the event of loss, theft or destruction of the PAC Card, the Gambler shall be obliged to immediately notify TWHE of this fact at any Establishment. A duplicate of the PAC Card shall be issued to the Gambler at any Establishment of the Gambler’s choice. Issuance of a duplicate of the PAC Card may be subject to TWHE’s charge of 500 loyalty points registered for the Gambler in the ACCBP or EUR 5. The Gambler may choose how the fee will be paid.

3.8. TWHE shall be obliged to block a PAC at any time if TWHE has reasonable suspicion of unauthorized handling of the PAC, in accordance with the conditions laid down in the Game Plan. The PAC shall only be unblocked after such suspicion has been investigated. PAC blocking shall be announced to the Gambler. As a result of PAC blocking, the ACCBP account shall also be blocked.

3.9. As soon as the PAC has expired or the PAC has been cancelled by the Gambler, the Gambler shall be obliged to return the PAC Card to TWHE at any TWHE Establishment. Cancellation of the PAC for other reasons shall be made in accordance with the agreed process of the approved Game Plans, including the cancellation of the PAC and the return of the card for any reasons laid down in these Game Plans. Any PAC Card that has not been returned by the Gambler shall be subject to charge.

3.10. TWHE reserves the right to terminate the Gambler’s participation in the ACCBP at any time without giving any reason. In such a case, the termination of the Gambler’s participation in the ACCBP must be announced by TWHE to the Gambler in an appropriate manner, no later than one month before the end of the Gambler’s participation.

  1. 4.      ACCBP POINT ACCOUNT, POINTS AND WINNING POINTS

4.1. The Point Account is the Gambler’s account within the PAC kept in the TWHE internal system, where all points won by the Gambler are recorded for the purposes of the Gambler’s participation in the ACCBP. The current score of the ACCBP Point Account may be viewed on the terminal screen after logging in to the PAC or obtained from the staff at any Establishment cash desk.

4.2. The Gambler may collect points in the Point Account during the Gambler’s gambling activity or by meeting the conditions of special offers and activities announced by TWHE.

4.3. The following rule shall apply to the value of a point and its exchange from the Point Account: 100 points = EUR 1.

  1. 5.      COLLECTING POINTS IN THE POINT ACCOUNT THROUGH GAMBLING ACTIVITIES

5.1. The points from the Gambler’s gambling activity shall be credited to the Gambler’s Point Account as follows:

5.1.1.   The calculation of the points credited to the ACCBP Point Account for technical games shall use the calculation based on the sum of cumulative bets made by the Gambler, multiplied by the percentage value of the winning rate of the game under the relevant Game Plan related to that game, and the Multiplier value set by TWHE for the PAC account login period (for example, the Gambler wins 100 points for the ACCPB Point Account if the Gambler’s cumulative bet is EUR 500 and the winning rate of the game is 8%).

5.1.2.   The calculation of the points credited to the ACCBP Point Account in live games uses the calculation based on the approximate average value of bets made by the Gambler, multiplied by the approximate number of games and the value of the approximate winning rate of the given game type and the Multiplier set by TWHE (for example, the Gambler wins 44 points for the ACCPB Point Account if the Gambler has an average bet of EUR 10 and approximate number of 50 bets for gambling activity in the Roulette game).

5.2. The points for gambling activity on technical devices, i.e. on devices designed to operate the technical game under the relevant Game Plan, shall be credited automatically using the CMS.

  1. 6.      ASSIGNING POINTS TO THE POINT ACCOUNT THROUGH OTHER ACTIVITIES

6.1. Currently, TWHE is not using any programme that would allow winning points for such activities. If such a programme is announced, Gamblers shall be informed.

  1. 7.      ASSIGNING POINTS TO THE POINT ACCOUNT THROUGH EXTRAORDINARY EVENTS

7.1. Additional points may also be assigned to the Gambler’s Point Account by TWHE as a reward for participation in TWHE’s marketing events or promotions or, as the case may be, as a reward for winning in TWHE’s marketing and promotional events or competitions.

7.2.  The rules of all marketing events, promotional events and competitions shall always be available at the reception of each TWHE Establishment during the entire period of such an event.

  1. 8.      EXCHANGING POINTS FROM THE POINT ACCOUNT

8.1.  The Gambler may exchange points from his/her Point Account within the PAC automatically after logging in to the technical device via the touchscreen and signing in to the PAC using a PIN.

8.2. The Gambler may also exchange points from his/her Point Account at the Establishment cash desk.

8.3. The points from the Point Account may only be exchanged (used) as follows:

8.3.1.   exchange of the points for cash, which must always be made at the Establishment cash desk, and the cash value in such a case must not exceed the limit laid down in the special legal regulations and must be at least EUR 10;

8.3.2.  exchange of the points from the Point Account, at least 500 points, by means of an electronic terminal installed on the technical device in cash in EUR;

8.3.3.  use of the points to purchase goods at the cash desk or reception of the Establishment operated by TWHE;

8.3.4.  use of the points to purchase services at the reception of the Establishment operated by TWHE;

8.3.5. use of the points to pay the fee for issuing a duplicate of a lost PAC Card;

8.3.6. use of the points to purchase gift vouchers, coupons, discount vouchers, etc. at the Establishment cash desk.

  1. 9.      KEEPING RECORDS OF POINTS IN THE PAC POINT ACCOUNT

9.1. Records of the points in the PAC Point Account within the ACCBP and the historical data of their use by the Gambler are kept in the Gambler’s Account within the CMS and the Gambler’s PAC. The Gambler may only personally request the submission of a statement from the Point Account at any Establishment. The statement shall be provided to the Gambler by TWHE as soon as possible.

9.2. Points may not be transferred to another Gambler and any other PAC Point Account.

9.3. Gamblers may use or exchange their points at any time under the conditions laid down in these Terms and Conditions, but no later than 180 days after they are credited to the PAC within the ACCBP. All points with a date older than 180 days after they were assigned shall be automatically deleted from the Point Account within the PAC of the CMS. TWHE shall carry out such deletion automatically without informing the Gambler.

  1. 10.   TERMINATION OF ACCBP MEMBERSHIP

10.1. Each Gambler shall be entitled to voluntarily cancel his/her ACCBP membership and to request the cancellation of ACCBP membership at any Establishment. Cancellation must be requested in person or by using an application with a certified signature sent to TWHE’s contact address.

10.2. TWHE shall be entitled to suspend a Gambler’s membership of the ACCBP loyalty programme if the Gambler is suspected of any breach of these Terms and Conditions, or if the rules arising from the Game Plans have been breached, until the final decision is made by TWHE.

10.3. TWHE reserves the right to terminate a Gambler’s membership of the ACCBP loyalty programme if the Gambler’s PAC has been cancelled for any reasons stated in the Game Plans or if the ACCBP PAC Card has been used in violation of these Terms and Conditions. Upon cancellation of the PAC or termination of the agreement with the Gambler for participation in the games or membership of the ACCBP loyalty programme for the aforementioned reasons, all points that have not been drawn as of the date of cancellation shall be deleted and invalidated without compensation.

10.4. Any Gambler who makes use of the possibility to set the self-limiting measures specified in the Gambling Act may settle the points assigned to the ACCBP Point Account within 7 days from the date on which the settings of the self-limiting measures were changed by the Operator. After this date, the assigned points shall be deleted. The same procedure also applies if the Gambler is denied access to the Establishment for any reason laid down in the Game Plans or legal regulations in force in the Czech Republic, with the deadline for settling the points assigned to the Point Account commencing from the moment when the reason for denying access for the Gambler to the Establishment arose.

10.5. Gamblers may request to renew their membership of the ACCBP loyalty programme if their PAC validity is renewed and if the obstacles that caused the suspension of their membership of the ACCBP loyalty programme are removed and if all rules laid down in the Game Plans have been fulfilled.

  1. 11.   COMPLAINTS

11.1. Any and all claims for crediting points to the Point Account within the ACCBP must be made by the Gambler on the premises of the Establishment to which the crediting of points is related, or within seven (7) days after the activity in question. Any later complaints regarding the crediting of points shall be deemed to be delayed and shall not be accepted.

11.2. Any objections and complaints regarding the crediting of points must be addressed by the Gambler directly to the management of the Establishment and, subsequently, to TWHE’s Gambler and Customer Relations Department. Any complaints may be lodged by the Gambler in writing at the Establishment or sent to TWHE’s contact address. Any complaint shall be resolved within 30 days from the date on which it was lodged, and the Gambler shall be notified of the complaint resolution in writing at his/her address or email.

11.3. The final decision on any claims, objections or disputes in connection with the ACCBP loyalty programme is the exclusive right of TWHE.

  1. 12.   CHANGES TO THE BUSINESS TERMS AND CONDITIONS

12.1. TWHE reserves the right to terminate the ACCBP loyalty programme at any time without compensation.

12.2. TWHE shall be entitled to change these Terms and Conditions at any time. TWHE undertakes to provide information about any changes in the membership conditions by publishing new Terms and Conditions on TWHE’s website at www.american-chance-casinos.cz and in written form at the Establishment receptions at least 14 calendar days before the effective date of such a change.

12.3.  TWHE reserves the right to make a change in the value of the formula and the Multiplier for crediting points under Article 5.1 hereof, as well as in the value of the exchange of points for an equivalent of monetary value. TWHE also reserves the right to determine which products, services and live games will not be included in point crediting.

12.4. If the Gambler disagrees with any changes in the Terms and Conditions, he/she may cancel his/her ACCBP membership. Once the new Terms and Conditions have entered into force, the Gambler shall be deemed to have agreed with the changes as soon as he/she uses his/her personal card for the PAC gambling account.

  1. 13.   PROCESSING OF PERSONAL DATA

13.1. The Gambler acknowledges that his/her personal data are processed in entering into the Agreement and within Registration, participation in Gambling Games and participation in the loyalty programme. Detailed information on the processing of the Gambler’s personal data is provided in the “Information on the Processing of Personal Data” document, which is available at www.american-chance-casinos.cz and in printed form at the receptions of all Establishments.

  1. 14.   FINAL PROVISIONS

14.1. In the event of any conflict between these Terms and Conditions and the Game Plan, the provisions of the Game Plan shall prevail.

14.2. These Terms and Conditions shall become valid and effective from 1 September 2018, fully replacing the original Terms and Conditions.