Terms and Conditions of Business, Payment and Cancellation

In these terms and conditions, „customer“ means the person ordering the event and being a party to the contract; „participant“ means the person who is to attend the event. The customer and the participant are usually the same person; in that case, the provisions of these terms apply to that person in both roles.
Where the customer orders an event for another person, the contract is concluded for the benefit of the participant; the rights arising from it in relation to attending the event are acquired by the participant, while the debtor of all monetary obligations arising from it is the customer. Where these terms associate a monetary obligation (in particular payment of the event price, a deposit, a cancellation fee or another fee) with the participant, this shall be understood as the customer’s own obligation; the participant’s acts or omissions (e.g. cancellation or interruption of participation, failure to arrive, failure to meet the conditions of participation) are relevant for the creation and amount of this obligation of the customer as if they were acts of the customer themselves. The customer undertakes to acquaint the participant with these terms, in particular with the rules of conduct and the conditions of participation.

Registration, reservation and order

Filling in the reservation form for an event creates a registration for that event. By registering, the person filling in the form places an order for the event. By paying the deposit for the registration, the registration becomes a reservation and the order becomes a binding order. If the order is cancelled by the customer before the event starts, a cancellation fee is determined by a section on cancellation fees below. To enter the event, it is necessary to have paid its full price (to enter the first lesson of a regular course, it is therefore necessary to have paid the price of the entire course).

In exceptional cases, registration can be made verbally, by telephone, email or other means of communication. All terms and conditions for registration made in this way are the same as for registration made by filling in the registration form. In which cases it is possible to make a reservation in other ways than using the reservation form is at the provider’s discretion, and the provider does not have to allow registration in any other way than by filling out the reservation form.

In specific cases, if explicitly stated in the event description, registration without payment of a deposit may already be a binding order, and the amount of the cancellation fee and the conditions for charging the cancellation fee may be set out differently in the event description.

The event may include multiple parts on different dates. For example, in the case of comprehensive series of lessons or a training consisting of several seminars, it constitutes one integral event. If an event has more than one part listed in the description, it is one integral event, even if the price of any or all of its individual parts is quoted separately or the date of only one of the parts is indicated in the reservation form.

If the description of the event does not explicitly state that only a part of the event can be ordered, or if the option of ordering only a part of the event is stated in the description, but the customer has chosen the option of ordering the whole event when registering, then the customer orders the whole event in its entirety, including all its parts stated in the description, and commits to pay the full price of the event or the price of all its parts. For example, by ordering a course with a certain number of lessons, the customer orders the entire course including all its lessons, similarly by ordering a training consisting of several seminars on different dates, the customer orders the entire training including all its seminars, etc.

Failure to participate in some parts of the event does not entitle the customer to a reduction in the total price of the event or to the provision of alternative performance by the provider.

If specific conditions are set for participation in the event or in some of its parts, the customer assumes full responsibility for the participant’s fulfillment of these conditions within the required time. If such conditions exist and are not fulfilled by the participant within the required time, the participant will not be admitted to the event or part thereof. In such a case, the participant shall not be entitled to a reduction in the total price of the event or to the provision of alternative performance by the provider. At the same time, in such a case, the customer shall bear all the consequences of such a situation at his own expense – such consequences may include, for example, the need to make up the missed part of the event in another way at the customer’s expense according to the provider’s instructions or the impossibility of continuing the event. The aforementioned condition may be, for example, the completion of a certain amount of individual practice or the completion of an assigned homework assignment before proceeding to the next part of the training.

The order becomes binding even in case of payment of an incomplete deposit amount. The customer is obliged to pay the remaining amount to complete the full deposit within 5 calendar days from the first, incomplete payment, or by the moment of the event start, whichever occurs earlier. If they fail to do so, the provider has the right to cancel their order with application of cancellation fees, as if the cancellation had been made by the customer themselves, without entitlement to substitute performance. Until the moment of full deposit payment, a place does not have to be reserved for the participant. If reduced admission fee is offered for a given event when the deposit is paid by a certain deadline, the reduction is not recognized in case the customer pays the remaining deposit amount in full only after the stated deadline.

Currency of payment for the event

The customer is obliged to pay for the event in the currency in which he ordered the event and in the exact amount that was stated as the price in that currency in the event description. If the description specifies a price in multiple different currencies, then the currency, the order price in that currency and the subsequent payment shall be bindingly determined by the currency in which the customer pays the deposit.

Audiovisual recording

During events, the provider may take photographs and make audio and audiovisual recordings capturing the course of the event, including the likeness and expressions of participants. The participant grants the provider permission to make such recordings and to use them for the provider’s documentation, educational and promotional purposes, free of charge, without territorial limitation and for an indefinite period, including the right to edit the recordings, combine them with other materials and make them available to the public (in particular on the provider’s website and social media).

This permission may be revoked at any time in writing. Revocation takes effect for the future and does not affect uses of the recordings made before its delivery, nor materials already created and published before the revocation, unless their continued use would cause the participant manifestly disproportionate harm. If the participant revokes the permission without this being justified by a substantial change of circumstances or another reasonable ground, the participant shall compensate the provider for the damage incurred as a result (Section 87(2) of the Czech Civil Code).

The provider is entitled to edit recordings so that the participant is not recognisable in them (in particular by blurring or otherwise altering their likeness); the provider may use recordings edited in this way even without the participant’s permission, and their use is not affected by a revocation of permission. If the participant revokes their permission, the provider may, instead of ceasing to use the recording, choose to edit it as described in the preceding sentence.

Participants, interpreters, assistants and any persons other than the provider are prohibited from making any recordings during events without the provider’s prior consent. The processing of personal data contained in the recordings is governed by the privacy policy available on the provider’s website.

Reservation

Deposit must be paid in advance to reserve the participant’s place at the event.

For a particular event to actually take place, it is necessary to reach a minimum number of booked participants well in advance.

Capacity of the courses is limited; if we receive a reservation deposit after this capacity has been exceeded, the reservation deposit will be refunded to the customer.

Issuance of an invoice

The participant is obliged to report without undue delay, but no later than 15 days after his registration, that he will need to have an invoice issued and to communicate his invoice credentials, via the form provided, by email or by telephone. Later requests will not be accepted.

The participant agrees that accounting documents, as well as any other documents, will be sent to them by email in electronic form.

Method of payment

Deposit must be paid in advance to reserve your place.

Full payment must be paid before the event starts or before the start of the first lesson of an ongoing course and is a condition of participation in the event.

Single entries for the evenings or regular lessons are paid directly to the lecturer.

Subscriptions and admission fees are paid at the reception.

Unless the event description states otherwise, the event fee may be paid either by bank transfer or in cash at the venue. After registration, the bank transfer payment details will be generated and displayed directly on the website and also sent to the customer by e-mail.

Time and venue of the event

The event takes place on the date specified in its description. The event is held in the main hall in Prague (Trojická 10, Prague), unless a different venue is specified in the event description.

Arrival at a course physically held on the provider’s premises

The participant must arrive at the start of the event on time and sufficiently in advance to complete check-in; we recommend arriving 15 minutes before the start. If the participant anticipates a delay, they shall notify the provider by phone, stating their expected arrival time; even then, the delay should not exceed 10 minutes for shorter lessons and 30 minutes for full-day seminars. Payment of the full price of the event is a condition of admission; any outstanding balance may be paid no later than at check-in.

If the participant fails to arrive within the time limits above, or fails to pay the outstanding balance no later than at check-in, this shall be treated as a cancellation of participation by the participant, deemed delivered to the provider at the moment the event begins. Settlement shall be governed by the article „Cancellation of participation before the event“, including the rules on the maximum amount of the cancellation fee and its reduction where the event’s capacity was fully booked.

Cancellation of participation before the event

If a deposit is stated for an event, the cancellation fee will never exceed the amount corresponding to this deposit. In all other respects, the amount of the cancellation fee is governed by the following rules.

Participation in an event is cancelled by e-mail sent to druna@druna.cz. The moment the cancellation of participation is delivered to this address is decisive for determining the amount of the cancellation fee.

Upon cancellation of participation by the participant before the start of the event, the participant is obliged to pay a cancellation fee. Its amount is determined from the total price of the event according to the time when the cancellation of participation was delivered to the provider.

For events consisting of multiple parts spread over a period longer than 180 calendar days (hereinafter „extensive events“), the cancellation fee upon delivery of the cancellation is:

• more than 90 days before the start of the event: CZK 500,
• 90 to 61 days before the start of the event: 15% of the event price,
• 60 to 31 days before the start of the event: 25% of the event price,
• 30 or fewer days before the start of the event: 35% of the event price.

For all other events, the cancellation fee upon delivery of the cancellation is:

• more than 28 days before the start of the event: CZK 500,
• 28 to 22 days before the start of the event: 25% of the event price,
• 21 to 15 days before the start of the event: 50% of the event price,
• 14 to 8 days before the start of the event: 75% of the event price,
• 7 or fewer days before the start of the event: 95% of the event price.

From the part of the event price attributable to days on which the event took place with fully occupied capacity, the cancellation fee amounts to 10%, but no more than CZK 3,000; from the part of the event price attributable to the remaining days, the cancellation fee is determined according to the rules set out above. The ratio between the two parts is determined according to the number of days on which the event takes place according to its schedule, with each such day having equal weight.

If the rules of this article result in several different amounts of the cancellation fee (in particular from the table, from the limitation by the amount of the deposit, or from the reduction for days with fully occupied capacity), the lowest of them applies. The cancellation fee shall always amount to at least the lower of CZK 500 and 25% of the price of the event, and shall never exceed 95% of the price of the event.

The cancellation fee is due at the moment the cancellation of participation is delivered to the provider. The provider is entitled to set off the cancellation fee against the amounts the participant has already paid towards the price of the event. If the amounts paid exceed the cancellation fee, the provider will refund the difference to the participant; if the cancellation fee exceeds the amounts paid, the participant is obliged to pay the difference. The obligation to pay the parts of the event price exceeding the cancellation fee ceases for the participant upon cancellation of participation.

Substitute

The cancellation fee does not apply if a substitute is announced to the provider simultaneously with the cancellation of participation, in the same form in which participation is cancelled, and the provider confirms this substitute. If the announced substitute meets the conditions of participation in the given event and the other requirements under this article, the provider will confirm the substitute within 7 days of the announcement; if the provider does not respond within this period, the substitute is deemed not confirmed. Instead of applying the cancellation fee, in the case of confirmation of the substitute, the payments made by the original participant towards the price of the event are reflected in full in a reduction of the event price for the substitute; these payments are not refunded to the original participant, not even in part. Reflecting only a part of the payments in the price for the substitute is not possible.

Only a person who meets the conditions of participation in the given event and who, as of the moment of the announcement, does not have a reservation (binding order) for the given event may be a substitute. Whether the substitute meets the conditions of participation is assessed by the provider according to the conditions stated for the given event. A person who signs up for the event in the usual manner is considered a new participant, not a substitute, even if this occurs in temporal connection with the cancellation of participation of another participant.

On the day the substitute is confirmed by the provider, the participation of the original participant ceases. The substitute signs up for the event with their own registration; if they have already created a registration for the given event, this earlier registration may, with their consent, be used for the substitution, and a new registration is not required. The price of the event is reduced for the substitute by the amount corresponding to the payments made by the original participant towards the price of the event. Mutual settlement between the original participant and the substitute is their own matter and the provider does not enter into it.

If the announced substitute is not confirmed, or if the confirmed substitute does not complete the registration or give consent to the use of the earlier registration within 7 days of the confirmation, the cancellation terms under this article apply; the decisive moment for determining the amount of the cancellation fee remains the delivery of the cancellation of participation.

Interruption of participation during the event

If the participant interrupts their participation during the event, they are obliged to pay the part of the event price attributable to the part of the event that has taken place up to the moment of delivery of the interruption notice, and further a cancellation fee calculated from the part of the event price attributable to the part of the event that has not yet taken place. The cancellation fee amounts to 45% of the price of the part of the event that has not yet taken place in the case of extensive events, and 95% in the case of all other events. From the part of the price of the not-yet-held part of the event attributable to days on which the event took place with fully occupied capacity, the cancellation fee amounts to 10%, but no more than CZK 3,000; from the part attributable to the remaining days of the not-yet-held part of the event, the cancellation fee is determined according to the rates under the preceding sentence. If a deposit is stated for the event, the cancellation fee will not exceed the amount corresponding to this deposit. The participant’s obligation to pay the part of the price of the not-yet-held part of the event exceeding the cancellation fee ceases.

The ratio between the part of the event that has taken place and the part that has not yet taken place is determined according to the number of days on which the event takes place according to its schedule; each such day has equal weight regardless of the extent of the programme on that day. The part of the event attributable to days that have already begun as of the day of delivery of the notice of interruption of participation is considered to have taken place; the day on which the notice was delivered is considered to have taken place if the event takes place on that day.

Missed lessons or parts of the event cannot be made up, whether in the current course, another concurrent course, or a subsequent run of the same course; missed parts of the event are considered to have taken place. Announcing a substitute after the start of the event is not possible, unless the participant agrees otherwise with the provider.

Certification, confirmations of completion, and other outcomes that are, according to the event description, tied to the completion of the event or its designated parts belong only to a participant who has completed such parts.

Absence from a part of the event

The event price is not refunded for missed parts of the event, and the provider is not obliged to allow them to be made up.

For events whose parts build on each other professionally, or where previous instruction is a prerequisite for safe participation in further parts (in particular trainings and comprehensive educational programmes), completion of the parts of the event held so far is a condition for continuing participation. If the participant misses a part of such an event, the provider may decide that the participant cannot continue their participation; the provider will do so only if the missed instruction prevents the participant’s proper or safe continuation, and will notify the participant of the decision without undue delay. Such a case is treated as an interruption of participation by the participant under the previous article. A more lenient regime may be set out in the event description (e.g. a permitted number of absences or the possibility of individually catching up on instruction); in that case, it takes precedence.

Cancellation of the course or its part by the provider

If the provider cancels the event before its start, the provider will refund to the participant all amounts paid towards the event price, and the participant’s obligation to pay the event price ceases.

If the provider cancels the event during its course, the provider will refund to the participant the part of the event price corresponding to the parts of the event that have not taken place and will not take place; the participant’s obligation to pay the event price attributable to these parts ceases, even if it was already due. The ratio between the part of the event that has taken place and the part that has not is determined in the same way as in the article on interruption of participation during the event.

If the provider cancels an individual part of the event (e.g. if a lesson of a regular course is cancelled due to the instructor’s illness), the provider will offer the participant a replacement date for this part; if holding a replacement date is not possible, the provider will refund to the participant the part of the event price attributable to the cancelled part. Cancellation of an individual part of the event does not give the participant the right to cancel participation in the rest of the event, unless the cancelled part is essential for the purpose of the event – in particular, if its cancellation makes it impossible to obtain certification that was, according to the event description, a component or outcome of the event; in such a case, the participant has the right to withdraw from the contract, and the provider will refund to them the part of the event price corresponding to the parts of the event that will not take place for them.

Cancellation of the event or its part by the provider does not reopen the settlement of participants whose participation had already ended as of the moment of cancellation (in particular by cancellation of participation or interruption of participation on their part); their rights and obligations are governed by the state of affairs as of the day their participation ended.
If the provider and the participant agree that the amounts paid towards the price of an event cancelled by the provider will be transferred to another event instead of being refunded, the transferred amounts are treated, from the day of the transfer, as payments made towards the price of this other event; they are therefore governed by the terms of this other event, including its cancellation terms.

The participant’s statutory rights, in particular rights arising from defective performance, are not affected by this article.

Conditions for Participation

There may be conditions for participation in the event, which are stated in the event description. After ordering or during the event, the participant may be informed of organizational instructions and clarifications (e.g. schedule, aids, home preparation between individual parts, etc.).

Online events

To take part in an online event, you need a device (computer, tablet or smartphone) with an internet connection, an up-to-date version of a common web browser or the Zoom application, and speakers or headphones; for active participation in the lesson, also a microphone and, where appropriate, a camera. We recommend a stable connection with a speed of at least 10 Mbps. If the event offers the option of replay, the replay takes place online in a web browser; the broadcast cannot be downloaded, and once the period stated in the event description has expired, the replay option ends.

Violating an agreement from the participant’s side

Where the description of an event or an individual agreement with the participant stipulates conditions or obligations of the participant (e.g. payment by a certain date, completion of homework assignments, attendance of designated parts of a training programme) and the participant fails to meet them, the provider may decide that the participant cannot continue participating in the event; the provider shall notify the participant of such decision without undue delay. For settlement purposes, such a case shall be treated as an interruption of participation by the participant under the article „Interruption of participation during the event“. The participant’s monetary obligations that are due at the moment their participation ends remain unaffected.

If the provider has a monetary claim against the participant that is due (in particular an unpaid balance of the price of an event or a cancellation fee that has become due), the provider is entitled to unilaterally set it off against payments the participant has made towards the price of another event. The provider shall inform the participant of the set-off without undue delay, stating the amount set off and the claim it was applied to. To the extent of the set-off, the price of the affected event shall be deemed unpaid; the participant may pay the difference, otherwise the procedure for incomplete payment of the deposit under the article „Registration, reservation and order“ shall apply mutatis mutandis.

Prohibited Behavior at Events

Participants may not approach other participants at events in order to collect their contact details, distribute or send them commercial offers or promotional materials, subscribe them to communications, or invite them during the event to events or services not organised by the provider. Voluntary exchange of contacts between participants, by the will of both parties and for the purpose of their mutual personal contact, remains unaffected. If a participant breaches this prohibition, the provider will notify them of the breach and request that they desist; in the event of a serious or repeated breach, the provider may exclude the participant from the event. For settlement purposes, such exclusion shall be treated as an interruption of participation by the participant under the article „Interruption of participation during the event“.

Handling fees

Actions beyond the ordinary course of registration, payment, and participation in the event may be subject to a fee. A fee may be charged to the participant only if its amount was communicated to the participant in advance and the participant approved it before the action was carried out.

Exchange rate losses and transfer fees

If a participant transfers an amount denominated in a particular currency in a currency other than the currency in which it was denominated, the participant shall be fully responsible for ensuring that sufficient funds are received in the currency in which the amount was denominated.

If there is a bank fee associated with the transfer, the participant shall always pay the fee themselves (e.g. by setting the fee payment mode to „sender“) and if that is not possible, then they shall top up the payment by an amount to cover the fee charged on the provider’s side.

If the provider receives either less than that amount or there are fees associated with the transfer on the provider’s side that are no longer covered by the participant’s payment, the participant agrees to pay the amount and cover the fees. In this case, the participant again bears the cost of this additional payment.

In the event of an erroneous payment by the participant or any other reason for sending a payment back, the maximum amount sent back shall always be the amount received, less any fees associated with the transfer. For example, if the participant sent 10 Euro, the amount received is 230 CZK and the bank charges for the transfer back are 100 CZK, a maximum of 130 CZK is sent back.

In the event that the participant fails to comply with any of the points mentioned above (receipt of an amount lower than specified, deduction of a fee on provider’s end, the need to return a payment, etc.), they may be charged an additional administration fee of 200 CZK, which covers the extra costs of communication and related tasks.

Time span of the event

The timeframe of an event may differ from the expected range previously stated (e.g. ending earlier or later than the event description), while maintaining the completeness of the event content. In such a case, there is no entitlement to a reduction in the course fee.

Validity of the subscription and pass

Subscriptions to regular courses and passes for 10 entries are valid for a particular person, they cannot be used by anyone else.

Validity (time limit) of the subscription or pass cannot be extended. After expiration of the period for which they are issued, they cannot be used and the unused rest cannot be refunded.

Unless specified otherwise, these payment and cancellation conditions are valid for all the events organized by the provider.

Event lecturers and staffing

If lecturers or other persons involved in the lecturing, running, management or organisation of the event are mentioned in the event description, it does not mean that all of these persons will be present at the event at all times. For example, if two lecturers teach the training as described in the event description, one of the lecturers may teach some days or entire seminars without the presence of the other lecturer, and on other days or seminars the other lecturer may teach without the presence of the first lecturer. This applies even if there was an introductory event associated with the given event (e.g. an introductory seminar for a training), where more lecturers or other team members were present. If the event description specifically states which persons will be present on which days or seminars of the event, the provider reserves the right to change this staffing in light of unforeseen circumstances, the current availability of the persons in question, and current organizational needs.

Change in the price of accommodation, meals, consultations and other mediated services

The prices for accommodation, meals, consultations, and other arranged services listed for the event are for informational purposes only and are subject to change if the end service provider alters their price. The provider shall notify the participant of any price change without undue delay, and no later than before the payment due date for the respective service. If the price of an arranged service increases by more than 10%, the participant has the right to decline this service without any penalty and make their own arrangements; this shall not affect their participation in the event itself nor the course fee.

Change of venue

The venue of an event may be changed to another location within the same city for operational or organisational reasons. Registered participants will be informed of any such change without undue delay. A change of venue does not entitle the participant to cancel their registration or to a refund of the course fee paid, in whole or in part; this does not apply if the new venue is located more than 5 km from the original venue as the crow flies and the change was announced less than 5 days before the event takes place – in such a case, the participant may cancel their registration within 3 days of being notified of the change, but no later than the start of the event.

Withdrawal from the contract

Pursuant to Section 1837(j) of the Czech Civil Code, the right to withdraw from the contract within fourteen days does not apply to leisure-time events whose performance is provided on a specified date or within a specified period. This applies to all events for which a specific date is determined at registration – in particular courses, training programmes, seminars, live-streamed online seminars and individual sessions, for which the date and time are agreed upon at the point of registration.

In cases not exempted by law (e.g., sale of physical goods or services without a specific date or period of performance), the consumer has the right to withdraw from the contract for the supply of goods or services, without the need to provide his reasons, within fourteen days from the date of receipt of the goods or entering into the contract for the provision of services.

Template of notice of withdrawal from the contract

Addressee: Druna, náhorní planina, s.r.o., Company ID No.: 02259257, registered office: Trojická 10, Praha, e-mail: druna@druna.cz

I hereby give notice that I withdraw from the contract for the provision of the following service (event name): …………

Date of order: …………

Consumer’s name and surname: …………

Consumer’s address: …………

E-mail: …………

Telephone (optional): …………

Date: …………

Consumer’s signature (only if this form is sent on paper): …………

Rights Arising from Defective Performance

The provider is liable to the participant for the service being provided in the scope, quality and on the date corresponding to the event description and these terms and conditions. If the service is provided defectively (in particular, if it does not take place in the agreed scope or quality), the participant is entitled to rights arising from defective performance pursuant to Section 1914 et seq. of the Czech Civil Code.

The participant must notify the provider of a defect without undue delay after they could have discovered it with due care, but no later than six months after the service was provided.

If the defect can be remedied, the participant may demand rectification (repair or completion of what is missing) or a reasonable discount on the price. If the defect cannot be remedied, the participant may demand a reasonable discount on the price or withdraw from the contract. The participant is also entitled to reimbursement of the costs reasonably incurred in making a claim; the reimbursement must be requested within one month after the expiry of the period for notifying the defect.

A claim may be made in particular by e-mail at druna@druna.cz, or in writing at Trojická 10, Prague. In the claim, the participant shall state their name, contact details, the event concerned and a description of the defect complained of. The provider will settle the claim without undue delay, no later than 30 days after it is made, and will notify the participant of the outcome.

Complaints and suggestions that do not constitute a claim may be sent by e-mail to druna@druna.cz.

The body responsible for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce), www.coi.cz.

Conclusion of the Contract by Electronic Means

Registration for an event takes place in the following technical steps: the customer selects an event on the website, proceeds to its reservation form, fills in the required details and submits the form. Before submitting the form, the customer may check the entered details and correct them freely directly in the form; an error discovered after the form has been submitted may be corrected via the contact details provided in the Contact section of the provider’s website. By submitting the form, a registration (an order for the event) is created within the meaning of the article „Registration, reservation and order“ of these terms and conditions; the provider will send the customer an e-mail confirming receipt of the registration, together with the payment details and a summary of the order. The order becomes binding upon payment of the deposit, or under the conditions set out in the article „Registration, reservation and order“.

The registration and order details are stored by the provider in electronic form for the purposes of performing the contract and record-keeping; the customer is not given separate access to them, but will receive the content of their order in the confirmation e-mail, and the wording of these terms and conditions is permanently available on the provider’s website. The contract may be concluded in the Czech and English language.

Final provisions

These terms and conditions are drawn up in the Czech language and may be translated into other languages. In the event of any discrepancy or ambiguity between the Czech version and any other language version of these terms and conditions, the Czech version shall prevail; other language versions are provided for information purposes only.

These terms and conditions and all contracts concluded on their basis, as well as the rights and obligations arising from them, are governed by the laws of the Czech Republic. If the participant is a consumer, this choice of law does not affect the protection afforded to them by the provisions of the law of the country of their habitual residence from which no contractual derogation is permitted.