GENERAL COMMERCIAL TERMS AND CONDITIONS
Published on 6 January 2022 and in effect from 21 January 2022
These GCTC of the company D-Mobility Czech Republic s.r.o., Company ID Number: 07584466, Krocínova 333/3, Prague 1, Staré Město [Old Town], 110 00, entered in the Commercial Register maintained at the Municipal Court in Prague, file C 303544 (hereinafter referred to as the “Lessor”), regulate the mutual rights, obligations and principles of the contractual relationship between the Lessor and a party interested in hiring a vehicle (hereinafter referred to as the “Client”).
I. Definitions and Interpretation of Expressions
The following expressions, having the meaning defined hereunder, are used in these GCTC and in the annexes thereto:
Activation – connecting the Client to an Anytime Service, setting up a User Account of the Client so as to be able to access the functions of the Anytime Software, including submitting an Application to Hire a Vehicle, Reservation, hire of a Vehicle.
Authorisation – executing the actions set out in the instructions for the Anytime Software for the purpose of identifying the Client by way of entering a Login Name and an Authorization Code, which the Client knows and keeps secret, for the purpose of using Anytime Software.
Authorization Code – a unique sequence of characters sent by the Lessor to the Client in the form of an SMS to the Contact Number used to access the User Account of the Client at the Website and (or) in the Mobile Application. An Authorization Code has the nature of an access password; in combination with the Login Name is the equivalent of a handwritten signature of the Client and confirms that the Client is the originator of the activities executed using the Login Name and the Authorization Code.
Bonus Account – a virtual account which is not a bank account, does not make it possible to execute financial transactions and is used solely to keep records of the saved bonus points of the Client, expressed in Czech crowns.
Price – is the amount in CZK which the Client should pay the Lessor for the Anytime Services provided in connection with the hire of a Vehicle (hire charge) and the use of the Anytime Software. The Price is the sum of the relevant Rates and, where appropriate, other amounts and fees according to the Contract and these GCTC.
Waiting – the regime of using a Vehicle during which the engine of the Vehicle is switched off, the gear stick is in the “P” position and the doors, trunk and windows are closed. This is used in the cases laid down by the GCTC for the purpose of leaving the selected Vehicle to the Client during the Term of Hire. Movement of the Vehicle is prohibited in the Waiting regime.
Road Traffic Accident – a traffic accident, i.e., an incident which occurs during the Term of Hire of a Vehicle involving the Vehicle and which results in the occurrence of a harm to health, death, damage to the Vehicle, to things or to buildings or the occurrence of other material loss or damage.
Term of Hire – the period of time from the instant of initiating hire (pressing the “Start hire” button in the Mobile Application) until the end of hire in accordance with the Contract and these GCTC.
Proof of Identity – papers which prove the identity of persons:
(1) for nationals of the Czech Republic and of Member States of the European Union:
a) the ID Card of the national of the Czech Republic / of a Member State of the European Union and (or);
b) the passport of the national of the Czech Republic / of a Member State of the European Union and (or);
(2) for a foreign national (not including nationals of European Union Member States):
a) the passport and (or);
b) the residence permit for a foreign national in the Czech Republic;
(3) for stateless persons – proof of identity of a stateless person.
Domestic Zone – the territory of the Czech Republic where termination of the Term of Hire of a Vehicle is allowed in compliance with GCTC, as indicated in the Mobile Application in the form of a shaded, half-transparent unique background.
Client – a natural person (individual) or a legal person with whom a Contract is concluded.
Client Service – the information centre of the Lessor, providing information support to the Client, for example when the Client is involved in a Road Traffic Accident, and coordinating activities, which accompany the hire of a Vehicle. The terms “Technical Support”, “Technical Support Service” and “Technical Support 24/7” also correspond to the term “Client Service” at the Website and in the Mobile Application. The current telephone number of the Client Service is available at the Website.
Contact Number – a mobile telephone number registered in the name of the Client or which the Client uses on other legal grounds in accordance with Legal Regulations and the requirements of mobile operators and which the Client communicates to the Lessor when registering in the Mobile Application or at the Website and which is used as a Login Name and for communication between the Lessor and the Client in the cases laid down in GCTC, the Contract and (or) Legal Regulations and for sending SMS to the Lessor and to the Client.
Mobile Application – the Anytime Carsharing CZ electronic application for Mobile Devices, which allows for using of the Anytime Services, including: Registration of the Client in the Anytime Service, submitting an Application to Hire a Vehicle, Reserving a Vehicle, beginning and termination of the Term of Hire of a Vehicle, movement of the Vehicle in the “Waiting” regime and the other activities described in these GCTC. The Client undertakes the required operations for the purpose of installing the Mobile Application on a Mobile Device using the services of www.itunes.apple.com or www.play.google.com on the Internet.
Mobile Device – an electronic device (smartphone, mobile telephone, tablet) which operated based on the iOS or Android operating system.
Vehicle Towing – a measure to ensure the procedure regarding an administrative offence in the form of forced transportation of the Vehicle for temporary immobilisation at a special car park or area, including the use of another vehicle (towing vehicle) as a result of detention and (or) prohibition of operating the Vehicle by officials in accordance with Legal Regulations.
Personal Data – information concerning the Client which the Lessor may record in electronic format, on paper and (or) on another data carrier, including: (1) surname, first name (names), (2) date, month and year of birth, (3) place of birth, (4) Birth Number of other personal identification number, (5) number of proof of identity, date of issue, term of validity, indication of the body which issued proof of identity, (6) information about permanent residence (place of residence) and place of actual residence, (7) driving licence number, date of issue, term of validity, indication of the body which issued the licence, the scope of authorisation to drive, (8) contact details, including mobile telephone number and e-mail address, (9) information on the existence (absence) of medical contra-indications in relation to driving a motor vehicle, (10) photograph, (11) data on geolocation (navigation data), (12) any other personal data which is related to or could be created in relation with entering into and performing a Contract and (or) agreements on the use of the Anytime Service. The normative documents of the Lessor, including these GCTC, Information on Personal Data Processing, annexes to the GCTC and other documents may also specify a different list of data which constitutes personal data.
Rules for Payment of Damages by the Lessor – the conditions under which the relevant part of the damage will not be claimed by the Lessor from the Client.
Penalties – fixed financial sums or sums determined in percentages of the amount of an unfulfilled or improperly fulfilled obligation specified in Czech crowns in Annex 1 to these GCTC which the Client is obliged to pay to the Lessor if the Client is in breach of and (or) improperly performs its obligations arising from these GCTC.
Permitted Zone – the territory of the Czech Republic or parts of some of the neighbouring countries (part of Germany) in which it is permitted to use the Vehicle in accordance with Legal Regulations, the GCTC, as indicated on the map in the Mobile Application.
Rules – the Rules for using the Anytime Service arising from these GCTC, the Website and the Mobile Application.
Legal Regulations – laws, decrees and other legal regulations that are a part of the legal order of the Czech Republic and the European Union.
Lessor – the limited liability company D-Mobility Czech Republic s.r.o., Company ID Number: 07584466, a legal person founded in accordance with the legal order of the Czech Republic, having its registered office at: Krocínova 333/3, Staré Město [Old Town], 110 00 Prague 1, Czech Republic, a company entered in the Commercial Register maintained at the Municipal Court in Prague, file C 303544, and the legal successor and (or) assignee thereof.
Login Name – the Contact Number of the Client entered by the Client for access to the User Account of the Client at the Website and (or) in the Mobile Application in relation with the Authorization Code, which is an equivalent of the handwritten signature of the Client and which confirms that the Client is an originator of the activity undertaken using the Login Name.
PSP – the Highway Code, in accordance with Legal Regulations, which applies to the Client as a participant in road traffic during the Term of Hire, including the rules laid down by (1) Act No. 361/2000 Sb. on road traffic and amending certain acts, as amended, and (or) (2) Decree of the Ministry of Transport of the Czech Republic No. 294/2015 Coll., as implementing the road traffic regulation and (or) (3) other legal regulations of the Czech Republic and legal regulations of the countries in which the Client uses the Vehicle.
Push-notification – a communication displayed on the screen of the Mobile Device of the Client registered in the information system of the Lessor, transferred from the server of the Lessor to the Mobile Application installed on the Mobile Device of the Client.
Reservation – a service provided to the Client and consisting of limiting the use of the Vehicle by other Clients from the time of Reservation to the beginning of the Term of Hire or to the time of cancellation of the hire of the Vehicle by the Client if the Client does not commence the hire during the term of validity of the Application to Hire a Vehicle.
Registration – registration of the Client in accordance with the instructions in the GCTC, and the annexes thereto, for the purpose of using the Anytime Service.
Anytime Service – provision of the Vehicle for temporary use via the Anytime Software.
Contract – a set of documents the wording of which is approved by the decision of the Lessor and accepted by the Client under Article III of these GCTC, as well as all annexes thereto which are an inseparable part thereof, and all amendments and (or) additions of such documents. Conditions for use of the Anytime Software, these GCTC and the annexes thereto, the Rates, as well as other documents of the Lessor are an integral part of this Contract and the Client has the obligation to get acquainted with them by means of the Anytime Software. By entering into a Contract, the Client obtains access to the Mobile Application and may enter into individual hire contracts in the manner laid down in the Contract and use the relevant Vehicle pursuant to such contracts.
SMS Message – a short text message sent to the Contact Number of the Client. SMS Messages may be sent by the Lessor as part of performing the Contract and for information purposes, including informing the Client of the execution of the transactions using bank cards connected to the User Account of the Client.
Anytime Software – a set of software tools (including the Website and the Mobile Application) which ensures the operation of the Anytime Service.
Parties – the Lessor and the Client.
System of Penalties – information about the Penalties imposed by the Lessor on the Client for breach and (or) improper performance of the individual requirements of the Contract and of the GCTC by the Client as specified in Annex 1 to these GCTC and (or) at the Website and in the Mobile Application (either at the same address or at various addresses within the Website or the Mobile Application) and which constitute an inseparable part of these GCTC.
Rates – the way of determining and calculating the Price and the conditions for use of the Anytime Services that are provided in detail at the Website and (or) in the Mobile Application.
Territorial Restrictions on Using a Vehicle – restrictions which lay down requirements and territorial restrictions on the use of the Vehicle in accordance with the GCTC.
TOP UP bonus - such a bonus that the customer purchases in the Anytime app using the payment card.
Third Party – any legal or natural person, association of legal persons or public institution other than the Lessor or Client.
User Account – a separate section at the Website and (or) in the Mobile Application which the Client accesses by entering the Login Name and Authorization Code known exclusively to the Client, in accordance with the terms and conditions of the Website or the Mobile Application. The User Account contains a set of information about the Client, including the Personal Data, and is used to administer the services of the Website and (or) Mobile Application of the Client.
Vehicle – a vehicle provided to the Client for temporary possession and use in accordance with the terms and conditions of these GCTC.
Website – the website of the Lessor, available at http://anytimecar.cz.
Act on Offences – Act No. 250/2016 Coll., on liability for offences and proceedings on them and Act No. 361/2000 Coll., on road traffic and amending certain acts, as amended.
Disclosure – has the meaning laid down in Article 11.2 of the GCTC.
Application to Hire a Vehicle – an action laid down in these GCTC (the annexes thereto) and executed by the Client using the Mobile Application for the purpose of taking over the Vehicle for temporary use.
Definition of Terms
a) Unless the context demands otherwise, words in the singular cover the plural, and vice versa;
b) References to a specific paragraph, subparagraph, article or annex are interpreted as a reference to the paragraph, subparagraph, article or annex to these GCTC;
c) Reference to (i) an amendment to or amended provisions of the GCTC cover additions, amendments, assignments, updating, revisions or adoptions of a new wording, (2) the GCTC is interpreted as a reference to the GCTC, which might be amended and supplemented from time to time.
d) Headings are only provided for clarity and do not affect interpretation of these GCTC.
e) Any reference to the “Legal Order” is a reference to the Constitution of the Czech Republic, any law (including constitutional) adopted for the purpose of the performance thereof, any international agreement which is binding for the Czech Republic, a decision of the President of the Czech Republic, a government regulation of the Czech Republic, a decree of a central and (or) local body or official and other legal regulations and decisions of state bodies which relate to a non-defined group of people within the territory of the Czech Republic.
f) Any reference to a provision of the Legal Order is a reference to a provision which may from time to time be amended or updated or adopted in a new wording;
g) Reference to a “person” covers any natural person or legal person, public corporation, legal person founded by the state or a state body, any association, trust or company (irrespective of whether it has been created as a separate legal person) or two and more of the foregoing persons and references to a “person” cover their legal successors and permitted assignees.
h) As concerns the expressions “including” and “covers”, it is considered that the expression “, inter alia,” follows, even in the case that such expression is absent.
i) Any reference to a “foreign national” covers a reference to nationals from countries outside the European Union, including foreign nationals with two or more state citizenships (excluding citizenship of the Czech Republic or of a European Union Member State) and to stateless persons.
II. Subject of Anytime Service
2.1. The Lessor undertakes to provide the Client, in the manner which is laid down in these GCTC, the Vehicle for temporary use at the request of the Client, pursuant to his Reservation, and the Client undertakes to use the Vehicle in accordance with the terms and conditions of the Contract and of these GCTC, and the annexes thereto, to pay the Price of the Anytime Service in a timely manner and to fulfil the other obligations arising from the Contract and these GCTC in a due manner.
2.2. An Application to Hire a Vehicle, the Reservation of a Vehicle, the commencement and end of the Term of Hire of a Vehicle and other actions ensuing from these GCTC are executed using the operations specified:
2.3. A list of vehicles is presented at the Website and in the Mobile Application from which the Client may independently choose Vehicles to use within the scope of the Contract. The Client independently evaluates the condition of the Vehicle when receiving it for hire in accordance with the procedure laid down in the Rules. If the Client is unhappy with the Vehicle, the Lessor may offer another Vehicle for hire which meets the requirements of the Client, provided that such Vehicle is available.
2.4. The Client may use a maximum of 1 (one) available Vehicle at the same time. As concerns legal persons or self-employed natural persons, each approved natural person of the Client may use a maximum of 1 (one) available Vehicle at the same time.
2.5. The Vehicle is provided to the Client for hire when the following conditions are met:
2.6. In matters which are not regulated by the Contract or these GCTC, the relationship between the Lessor and the Client is governed by Legal Regulations.
2.7. The Vehicles may only be used in the Permitted Zone. The use of any Vehicle contrary to this requirement is prohibited.
2.8. The Lessor may broaden, narrow or cancel the restrictions laid down by this article, either in full or in part (inter alia, within the limits of the individual operations). The relevant notification of changes is made public in the Mobile Application and is valid for the term of publication, unless a different time limit is specified in the notification. If the Client disagrees with such changes, it has the option of terminating the Contract by a notice within a time limit of 15 days from the publication of such notice.
III. Entering into Contract
3.1. A Contract between the Lessor and a future Client is entered into by taking the steps specified hereunder:
a) On the part of Client – by sending Proof of Identity, a driving license, a current photograph (selfie) with the Proof of Identity and other documents and information in the form specified by the Lessor, by accepting the terms and conditions laid down in the GCTC in accordance with the procedure specified herein, i.e., by entering the Personal Data in the Mobile Application and by confirming acceptance of the GCTC;
b) On the part of the Lessor – by confirming the conclusion of a Contract with the Activation of the Client in the Anytime Service and by sending the updated wording of the GCTC to the e-mail address of the Client specified in the User Account;
c) As concerns legal persons or self-employed natural persons who wish to allow business trips of their employees, also concluding of a contract for provision of the Anytime Business Services in compliance with the template located at the Website and providing the contact data of the person empowered to act on behalf of the Client.
3.2. Irrespective of the format which the Client chose for entering into the Contract (electronic signing, other ways permitted by the Lessor), the Contract is concluded at the time when the Lessor confirms the conclusion of such Contract with a particular Client through Activation of the User Account of the Client, after verifying whether the Client satisfies the requirements laid down in the GCTC (and the annexes thereto) and after checking the submitted documents. The Lessor reserves the right at its own discretion not to confirm entering into the Contract with the Client.
3.3. If a person has obtained access to the functions of Anytime Software without having satisfied the requirements laid down in this article, it must immediately notify the Lessor and undertakes not to exploit the opportunities provided by such access. Otherwise, all operations executed in the name of that person with use of the Anytime Software shall be considered as operations executed by that person directly and a person that has obtained unauthorised access is exposed to recourse according to Legal Regulations. Only a Client that has been approved by an authorized person under a contract concluded in compliance with paragraph 3.1. (c) of GCTC, the template of which is located at the Webpage, and obtained from the Lessor an e-mail confirming assignment to the account of a particular Client has the right to carry out business trips at the expense of the User Account of the Client.
3.4. After entering into the Contract, the Client has the opportunity to enter into individual hire contracts, in the manner laid down in these GCTC, and to use the relevant Vehicle thereunder within any Permitted Zone, save in cases when the User Account of the Client is blocked in accordance with the Contract. The Client simultaneously agrees that certain conditions (including the Rates, Territorial Restrictions on the Use of a Vehicle, requirements placed on the Client, the rights and obligations of the Parties) may differ within different Permitted Zones. In the case of an opportunity to use the account of another Client for business trips according to paragraph 3.3. of the GCTC, the Client must specify before concluding an individual hire contract in the Mobile Application whether it concerns a business trip or its private trip. The Clients acknowledge that the Lessor is not liable for differentiation between private and business trips of the Clients; the Client is always in charge of such differentiation.
3.5. By entering into a Contract, the Client confirms that:
3.5.1. it has fully familiarised itself with the terms and conditions of the Contract, the GCTC and the annexes thereto, as well as with the requirements and rules related with the performance of this Contract (including any documents of Third Parties);
3.5.2. it understands the significance and meaning of the documents specified in subparagraph 3.5.1 of the GCTC;
3.5.3. it agrees with the content of the documents specified in subparagraph 3.5.1 of the GCTC and undertakes to satisfy the requirements laid down by those documents;
3.5.4. it has provided valid data (including the Personal Data) for the purpose of entering into and performing the Contract;
3.5.5. it satisfies the requirements imposed on the Client as laid down in the GCTC and in the Contract and agrees that it may not use the Vehicle in the case that the Client no longer satisfies those requirements;
3.5.6. it has been familiarised with the terms and conditions of processing its Personal Data by the Lessor in accordance with the Contract and Legal Regulations, as specified at the Website;
3.5.7. it understands that the Lessor is authorised, at its own discretion and to the required extent, to (1) place technical means in the Vehicle allowing for monitoring of the Vehicle location and a possible breach of the Contract (smoke detector, GPS beacon) and (2) record calls during communication with the Client Service and (3) use the data obtained when determining the geographical location in the Mobile Application to the required extent;
3.5.8. it agrees that the Lessor is authorised, at its own discretion and to the required extent, to independently or with the participation of Third Parties, including (i) the relevant organisations having the corresponding authorisation and (or) (ii) service centres (technical inspection centres), undertake an assessment: (1) of the legitimacy of the imposition of penalties by the competent state bodies of the Czech Republic for a breach of PSP or other regulations of the Legal Order; (2) of the damage or loss caused to the Lessor and the extent thereof; (3) of the damage or loss caused to the Vehicle and the extent thereof; (4) of the costs of repair and maintenance and the size thereof: and (5) of other reasonable costs and the amount thereof;
3.5.9. it accepts the results of an assessment executed in accordance with subparagraph 3.5.8 of the GCTC and the costs of repairs.
The Client has the right to give its opinion concerning the results of the assessment.
3.6. The Client undertakes to adhere to the Legal Order, including PSP, and the terms and conditions of the Contract, the GCTC and the annexes thereto when using the Vehicle and to use the Vehicle with the required diligence.
3.7. These GCTC are available to the Client:
3.7.1. in electronic format:
3.7.2. in a paper form – at the registered office of the Lessor; when entering into a Contract on paper, the Client is presented with a copy of the GCTC.
IV. Consumer Protection
4.1. The Lessor communicates the following information to all Clients:
Ústřední inspektorát - oddělení ADR Štěpánská 15, 120 00 Praha 2
Email: firstname.lastname@example.org, Web: adr.coi.cz
A consumer may use the foregoing address to submit a proposal for an extra-judicial resolution of disputes and may also use the platform for the resolution of disputes online, which has been established by the European Commission at http://ec.europa.eu/consumers/odr/.
4.2. The Client may exercise the rights arising from any defective performance of the Anytime Service according to the relevant provisions of Act No. 89/2012 Sb., the Civil Code.
4.3. The Vehicles are available for immediate use after entering into each individual sub-contract, which is the main feature of the Anytime Service. By entering into an individual hire contract, the Client requests such immediate availability of a Vehicle and for this reason takes note of and agreed that it may not withdraw from a sub hire contract, as laid down in Section 1837(a) of Act No. 89/2012 Sb., the Civil Code. The Client may withdraw from the Contract within 14 days from entering into such Contract, according to Article XI of these GCTC. Not even in the case of termination of the Contract within such 14-day time limit does the Client have the right to require refund of the Price paid for the hire during that time limit, in accordance with Section 1837(a) of Act No. 89/2012 Sb., the Civil Code. Withdrawal may be executed in the form and using the methods of communication laid down in Article XI of these GCTC.
It is also possible to use the standard form for withdrawal available at:
5.1. Any information concerning the Contract shall be communicated to the Client in one of the following ways:
5.2. The Client is aware that the Lessor has the right to call and send to the Contact Number of the Client Push-notifications, voice and SMS messages of an informative nature which contain information on the amount of current and overdue claims arising during the performance of this Contract by the Client, other information concerning the services provided to the Client and information about any amendment to the terms and conditions of the Contract and these GCTC.
5.3. If the Client is outside the territory of the Czech Republic or uses as its Contact Number and for the purpose of receiving SMS services and (or) Authorization Codes a telephone number of a mobile operator that is not registered in the Czech Republic, the particularities of operation of the systems of mobile operators increase the risk of late receiving or not receiving the SMS messages sent by the Lessor to the Client. The Client is informed of this risk, is fully aware of it and takes it into account when travelling abroad and when specifying its mobile telephone number to the Lessor as its Contact Number and for the purpose of receiving SMS messages and (or) Authorization Codes.
VI. Anytime Software
6.1. The Client acknowledges that the Anytime Software is continually being improved and for this reason, technical difficulties concerning its proper functioning may arise from time to time.
6.2. The Anytime Software is proved “as it is”. The Lessor does not provide any guarantees that the Anytime Software will be flawless, functional or fully available or that it will meet the requirements or expectations of the Client. The Client uses the Software at its own risk. The Lessor does not assume any accountability for the fact that the Anytime Software does not meet any expectations of the Client.
6.3. The Lessor is not accountable for the functioning of the device which the Client uses when working with the Anytime Software.
6.4. The Client is aware that, for the purposes of the Contract and for ensuring the security of the Anytime Software and the leased Vehicles, the Mobile Application must use data about geolocation of the Client (navigation data) and undertakes to ensure provision of the relevant data.
6.5. The Client agrees that the data of the Anytime Software (including the navigation systems), in conjunction with data on the operations at the User Account of the Client, is sufficient for identifying the person of the Client to whom the relevant User Account of the Client has been assigned at the moment determined by the Anytime Software (including the Term of Hire, the use of certain Rates, monitoring the movement, etc.).
6.6. The Client also acknowledges that if using the Anytime Service outside the territory of the Czech Republic, its Personal Data shall also be used by the competent representative of the Lessor in the relevant country for the purpose of providing the Anytime Service. Further details regarding processing of your Personal Data and the use thereof may be found at the Website.
6.7. Details concerning using of the Anytime Software are set in the Conditions for use of the Anytime Software.
VII. Rights and Obligations of the Parties
7.1. The rights of the Client (when the User Account of the Client is not blocked):
7.1.1. to demand that the Lessor fulfils its obligations arising from the Contract and these GCTC;
7.1.2. to use the hired Vehicle in accordance with the terms and conditions of the Contract and these GCTC and the requirements of the Legal Order;
7.1.3. to reserve and hire from the Lessor any available Vehicle (indicated as available on the Website or in the Mobile Application) located in the best accessible place for the Client, in the manner laid down in these GCTC.
7.2. Obligations of the Client:
7.2.1. to submit to the Lessor when entering into a Contract a driving licence, Proof of Identity, other documents (including the cases when this is laid down by the terms and conditions of using a particular discounted Rate) and the information that must be completed upon Registration of the Client. The documents must be legible, without light reflection, with all clearly legible data;
7.2.2. to receive, in accordance with the Contract and the GCTC, and to carefully use the Vehicle in strict compliance with its purpose, aim, requirements and the terms and conditions laid down in the Contract, the GCTC and the annexes thereto, the instructions and recommendation of the Lessor, the Rules for Payment of Damages by the Lessor laid down in the GTC or at the Website, to take measures in a timely manner to prevent and avoid damage to the Vehicle and the occurrence of loss or damage to the property of Third Parties;
7.2.3. to drive a Vehicle in person alone (if the Client is a legal person, then by the Client of the registered person alone);
7.2.4. to ensure that a Vehicle is locked, to check for presence of the documents located in the Vehicle or on the Vehicle (fuel card, document of motor third party liability insurance, motorway vignette, etc.), to check for presence of the mandatory equipment (first aid kit, warning triangle, jack, spanner for wheels, replacement wheel, etc.), from the time of receiving until the time of returning the Vehicle, in accordance with the terms and conditions of the Contract and the GCTC;
7.2.5. to adhere to PSP and the other requirements of the Legal Order when using the Vehicle; not to use the Vehicle for driving lessons, towing, racing/competitions, driving off-road and on unpaved roads, testing or trials or transporting non-suitable cargo;
7.2.6. to pay the hire charge and payments for reserving a Vehicle (Price) in a timely manner in accordance with the terms and conditions of the Contract and the GCTC, to pay the other payments laid down by the Contract, the GCTC and other documents (including Penalties, administrative penalties or any compensation for the damage caused), to make sure there are sufficient funds on the payment card assigned to the User Account of the Client to pay the hire charge and other payments according to the Contract and the GCTC;
7.2.7. at the end of using the Vehicle, to return it to the Lessor in due technical condition in the manner laid down in these GCTC and make pictures of such due technical condition of the four sides of the Vehicle (i.e., from the front, back, left and right) proving such due technical condition that the Client must upload to the Mobile Application;
7.2.8. perform a private visual check of the technical condition of the Vehicle to be rented and make pictures of such due technical condition of the four sides of the Vehicle (i.e., from the front, back, left and right) proving such due technical condition that the Client must upload to the Mobile Application; If discovering any visible damage to the Vehicle (outside and inside the Vehicle, including stained interior) before commencing the hire of the Vehicle, to communicate this to the Lessor by telephone using the number of the Client Service as specified at the Website and to send photographs of the damage to or staining of the Vehicle to the Lessor by e-mail at: email@example.com. Notification of damage to the Vehicle may be done in other ways specified by the Lessor, including those which are specified at the Website or in the Mobile Application. The Client acknowledges that in the case of a failure to fulfil these obligations, the Lessor may reasonably assume that such damage, staining, etc. originated during the Term of Hire by the Client and shall be charged to the Client. Acceptance of a Vehicle by the Client means fulfilment of the obligations laid down in subparagraph 7.4.1 of the GCTC by the Lessor;
7.2.9. to immediately (as soon as physically possible) notify the Lessor by telephone, on the telephone number of the Client Service (or in the other ways specified by the Lessor, including those which are specified at the Website or in the Mobile Application) of an unauthorised use / theft of the Vehicle, of any damage to the Vehicle, defects or faults to the Vehicle, a Road Traffic Accident, the demands or claims of any Third Parties concerning the Vehicle or connected with the Vehicle driving, of incidents in which the Vehicle is involved, of incidents which the Client is obliged to report in accordance with the GCTC and the annexes thereto, of incidents and situations which could result in a damage to the Vehicle, of a loss of the authorization to drive the Vehicle, of a loss or impairment of the fuel card/cards, the proof of the motor Third Party liability insurance, the licence plate of the Vehicle, the certificate of registration of the Vehicle, the motorway vignette (or even one part thereof), other documents which accompany the Vehicle or the mandatory equipment or a part thereof and to communicate reliable information about the situations listed above and to respect the instructions of the Lessor and the requirements of the Legal Order;
7.2.10. to follow the instructions of the Lessor and the Rules for Payment of Damages by the Lessor in the case of a Road Traffic Accident and (or) other loss event in accordance with the Rules for Payment of Damages by the Lessor;
7.2.11. in the case of a Road Traffic Accident when an injury was caused, immediately notify the Police of the Czech Republic and the rescue service (at the single emergency number 112 or at lines 158 and 155 and further proceed according to sub-paragraph 7.2.9. of the GCTC;
7.2.12. to be present in person (or to authorise a representative in the manner laid down by Legal Regulations) when assessing the matters associated with handling a Road Traffic Accident by the Police of the Czech Republic or insurance companies;
7.2.13. to deal with (sign, confirm, initial) and receive (including from the Police of the Czech Republic) the required documents which must be compiled in the cases laid down by Legal Regulations and the Rules for Payment of Damages by the Lessor, mainly the Road Traffic Accident Report or other documents which are required.
The Client undertakes to hand over the duly compiled, valid documents specified in subparagraph 7.2.13 the GCTC (originals or officially authenticated copies) to Application) the Lessor according to the instructions of the Client Service, however in any case within 24 hours after compilation or acceptance thereof from Third Parties.
7.2.14. to immediately notify the Client Service of the Lessor in the case of Vehicle Towing or immobilisation of the Vehicle during the Term of Hire and outside the Term of Hire if caused by an action (neglect) of the Client. A Client whose action (neglect) led to Vehicle Towing or immobilisation of the Vehicle is obliged (1) to ensure the return of the Vehicle from the tow car park or ensure termination of the Vehicle immobilisation within the time limit determined by the Lessor in accordance with the procedure laid down by Legal Regulations and (2) to ensure its involvement in compiling and issuing a record of towing and (or) immobilisation of the Vehicle which is an annex to the official record of an offence (if written up in the presence of the Client), and the official record itself. This obligation is imposed on the Client in the case that the Client learns of Towing or immobilisation of the Vehicle from the Lessor. In such case notification of the Vehicle Towing to the Client is a right, but not an obligation of the Lessor. To supplement fuel to the Vehicle in the specified cases. After collecting a Vehicle from a special parking lot, the Client shall park the Vehicle at the place specified by the Lessor. The Client is obliged to return the Vehicle within the time limit specified by the Lessor. If the Vehicle is collected by an employee of the Lessor, the Client shall pay the Lessor, in full, all costs expended by the Lessor, including the costs of transporting the Vehicle with the use of a towing vehicle, compilation or reception of the documents required for the Vehicle return in accordance with Legal Regulations and the costs of parking the Vehicle at the impound lot. The Client shall be exempted from paying the Penalty laid down in Annex 3 of these GCTC in the case that, within the time limit set by the Lessor, the Client (1) ensures the release of the Vehicle from the impound lot, (2) pays the costs of the towing service, (3) pays the costs of parking the Vehicle at the impound lot, (4) presents to the Lessor documents which confirm payment of the services specified in this paragraph and (5) pays the Lessor any damage incurred to the Vehicle in connection with Towing/immobilisation. Refusal to hand over the Vehicle by the employee of the impound lot shall not relieve the Client of the obligation to pay the Penalty;
7.2.15. if required by government authorities of the Czech Republic, the Client is obliged, not later than within the time limit specified by the Lessor and (or) Legal Regulations, to personally (or through a representative authorised by the Client by means of a power of attorney) appear at the relevant government authority which issued such a requirement. Save the cases in which the Client was present in person upon compilation of the documents in which it is required that the Client appears at the relevant government authority in person, the Lessor shall inform the Client of the need of such visit not later than the business day following the date on which the Lessor learns of such a requirement.
7.2.16. to end the hire of the Vehicle with a sufficient amount of fuel in the tank which means that the fuel level light is not lit;
7.2.17. to take appropriate measures to secure its User Account in the Mobile Application, including the name of the Client/user, the Login Name and the Authorization Code, against any unauthorised use by other persons and to immediately inform the Lessor in the case that it discovers such misuse. Initiation of an unauthorised use means the moment when the Client receives any information allowing to come to the conclusion of a possible unauthorised use of the data independent of the Client’s will;
7.2.18. to inform the Lessor in the case of a change to the mobile telephone Contact Number and other data;
7.2.19. to use the Website and the Mobile Application of the Lessor only for personal, non-commercial purposes;
7.2.20.not to use any technology and not to undertake any activity which could damage the Website and (or) the Mobile Application, the interests and (or) the property of the Lessor;
7.2.21. following the end of the Term of Hire, to leave the Vehicle in accordance with the terms and conditions of the GCTC with a set of documents (certificate of registration of the Vehicle, document of motor third party liability insurance), fuel card/cards, both parts of the motorway vignette, mandatory equipment, all accessories and additional equipment, including mats, keys to the Vehicle and special equipment, which were in the Vehicle at the time of acceptance of the Vehicle by the Client. If there is no access to the GPS system and (or) to the Internet and (or) to mobile communication at the expected place of returning the Vehicle, the Client undertakes to park the Vehicle at a place where access to the GPS system and (or) to the Internet and (or) to mobile communication is available;
7.2.22. to replenish fuel in the Vehicle in the cases and in the manner laid down in the GCTC and the annexes thereto;
7.2.23. to ensure the security of its property;
7.2.24. not to perform any modifications of the Vehicle or change its features;
7.2.25. to fulfil other obligations laid down by the Contract, the GCTC and the annexes thereto and arising from the nature of the obligations laid down in the GCTC and in the Contract.
7.2.26. The Client may not alter any properties, make adjustments leading to the improvement/deterioration of the condition of the Vehicle, mount (dismount) any facilities or apparatus in the Vehicle, carry out repairs (irrespective of the level of difficulty) or organise these to be done by Third Parties.
7.2.27. The Client is not authorised to sell, provide as security, deposit or alienate the Vehicle in any other way, assign or transfer the right of use of the Vehicle provided to the Client to a Third Person, or any other rights arising from the Contract.
7.2.28. The Client must not drive the Vehicle into garages or underground parking lots.
7.3. Rights of the Lessor:
7.3.1. to demand that the Client fulfils its obligations arising from the Contract, the GCTC and the annexes thereto;
7.3.2. to determine the procedure for an access of the Client to the Vehicle for the purpose of ensuring the security of the Vehicle of the Lessor and controlling due adherence to the GCTC;
7.3.3. to check, at any time, assurance of the security of the Vehicle as a property, the technical condition of the Vehicle and adherence by the Client to GCTC;
7.3.4. should the Lessor decide that there is a risk involved in further use of the Vehicle, it is authorised to terminate the Term of Hire of the Client, inter alia, by providing another Vehicle to the Client;
7.3.5. to use a copy of the signature of an authorised person of the Lessor (using mechanical or other means of copying) in any document which is electronically signed by the Client. The Parties recognise the legal force of such documents;
7.3.6. to directly debit the following amounts from the payment card assigned to the User Account of the Client (undertake the transfer of funds) without obtaining an additional consent of the Client:
7.3.7. when suspecting unconscionable action by the Client (including, although not exclusively, provision of false information, inability to debit funds, etc.), to block the possibility of using the Anytime Service by the Client, in full or in part, without being obliged to inform the Client of the reasons for such blocking;
7.3.8. to assign the rights and obligations arising from this Contract to Third Parties and to involve Third Parties in the performance of the individual activities of the Lessor arising from the Contract, inter alia, pursuant to a contract of assignment. The Client shall be informed of these circumstances at the discretion of the Lessor in accordance with the relevant provisions of the Legal Order;
7.3.9. to make audio records of communication with the Client (including an audio recording of telephone calls) in the case that such communication is connected with the performance of the Contract;
7.3.10. prepare pro the Clients and organize marketing campaigns based on providing more suitable conditions for using of the Anytime Services as specified by the Lessor, the details of which are always available at the Website and (or) in the Mobile Application.
7.3.11. All Bonuses earned by the Client are valid for a period of 90 days from the Client's last completed trip or from the Client's Registration, except for TOP UP Bonuses which are not subject to this validity limitation.
7.3.12. The Lessor has other rights laid down by the Contract, the GCTC and the annexes thereto and arising from the nature of the obligations under the Contract.
7.4. Obligations of the Lessor:
7.4.1. to provide the Client with a Vehicle in a good technical condition which complies with the requirements for the operation of Vehicles, complete and operational, with the required documentation (certificate of registration of the Vehicle, proof of arrangement of motor third party liability insurance); handover of the listed documents is not confirmed by any additional documents and is performed at the same time as acceptance of the Vehicle for use;
7.4.2. to cover the costs of maintaining the Vehicle, the motor third party liability insurance and other expenses incurred in connection with operation of the Vehicle for the purposes laid down in the GCTC;
7.4.3. to provide the Client, by way of publication at the Website and in the Mobile Application, with information about the Vehicle, types of Vehicles, technical characteristics (at the discretion of the Lessor), Rates;
7.4.4. to ensure, on time and at its own expense, technical inspections of the Vehicle in accordance with Legal Regulations
7.4.5. to stock the Vehicle with fuel and lubricants (petrol, oils, etc.) at its own expense – for the Vehicle use by the Client. When a Vehicle is filled with fuel by the Client with the use of a fuel card/fuel cards of the Lessor or, in extraordinary cases, by the Client with its own funds, the Lessor may provide bonus points. The Lessor shall not refund the costs of the Client if filling of the Vehicle with fuel is conducted in cash.
Where a Party has not exercised any of the rights awarded to it by the Contract and the GCTC, such rights are not forfeited and the Party is authorised to exercise such rights in the future.
VIII. Price of Anytime Services and Terms of Payment
8.1. The Client pays the Lessor the Price, which comprises the hire charge for the use of the Vehicle, including use within the Waiting regime, amounts for Reservation of a Vehicle and other fees and which is calculated according to the applicable Rates and which includes the applicable VAT. The Client does not bear the costs of use of the parking place only in the cases when the Vehicle is left (brought to a standstill, parked) in accordance with the Territorial Restrictions when using the Vehicle (Annex 5 to the GCTC).
8.2. The hire charge, including the use of the Vehicle within the Waiting regime, and the amounts for Reservation of a Vehicle are specified in the valid Rates of the Lessor, unless provided otherwise in the Contract and in these GCTC. Calculation of the Price of the Anytime Services carried out at a time of change of the Rates is conducted pursuant to the Rates valid at the instant of commencement of the Term of Hire or Reservation. The resulting amount of the Price is rounded up to two decimal places.
8.3. Payments pursuant to the Contract are made by debiting funds from the payment card assigned to the User Account of the Client via a partner bank to the Lessor or by means of regularly issued invoices (at the end of every calendar month or in the case of exceeding the set limit) for the Clients who have concluded a contract with the Lessor in accordance with paragraph 3.1. (c) of GCTC.
8.4. After receiving an Authorization Code and opening restricted access to the services of the Website and the Mobile Application, the Client may assign its payment card from which funds shall be debited as payments according to the Contract and the GCTC for the services of the Website and the Mobile Application. It is only permitted to use payment cards from the VISA and MASTERCARD payment systems which enable payments over the Internet. The Client ensures the option to make payments over the Internet itself via the bank that issued the payment card.
8.5. When registering at the Website or in the Mobile Application, the system of the Website (Mobile Application) is integrated with the payment card of the Client, by way of which debiting of the funds from the payment card of the Client for payment of the obligations arising from the Contract and the GCTC is allowed.
8.6. Funds are debited from the payment card of the Client assigned to the User Account of the Client solely in accordance with the Rates of the Lessor and the other terms and conditions of the Contract and of the GCTC, including the annexes thereto. The funds are debited when the Lessor has a reason to debit them in accordance with the Contract and these GCTC, including: the end of the Term of Hire, reaching the amount of at least CZK 200 for the hire of the Vehicle during the Term of Hire or the Waiting regime, receiving information about a breach of the terms and conditions of the Contract by the Client, compensation for loss or damage and other cases laid down by the Contract and these GCTC. The Client is notified by the Lessor of debiting of the funds in all cases, save debiting of the funds for payment of the hire charge (including payment for the reservation of a Vehicle), provided that the Client is not in breach of the Contract and of these GCTC. Information regarding the payments made is also provided at the User Account of the Client in sections “Payment history” or “Journeys”.
8.7. Debiting of the funds for the Vehicle use may be conducted following the end of the Term of Hire of a Vehicle or in individual parts during the Term of Hire of the Vehicle.
8.8. Debiting of funds for the use of the Vehicle in accordance with the Rates available at the Website and in the Mobile Application, which specifies payment in advance or another method of payment other than the method specified in the first paragraph of this article, is carried out prior to the commencement of the Term of Hire or in another way specified in the Rates.
8.9. Where there are insufficient funds on the payment card assigned to the User Account of the Client, the Lessor shall inform the Client of this fact by displaying information to that effect in the User Account at the Website and in the Mobile Application and when any attempt is made for a hire or Vehicle Reservation and The Lessor shall also ask the Client to replenish the funds. Cases of refusal a payment:
8.10. The Client may use the telephone number of the Client Service or the e-mail address firstname.lastname@example.org with questions to concern payment using a payment card and with other questions related with the operation of the website of a partner bank.
8.11. The Client provides its unreserved consent to drawing of the funds deposited at the payment card assigned to his User Account of the Client for the use of the Vehicle and to make other payments according to the Contract and the GCTC (including Penalties and other payments to the Lessor) without the need for any other special consent. Debiting of the funds is permitted by the Client in full or in parts, at the discretion of the Lessor.
8.12. Where there are insufficient funds on the payment card assigned to the User Account of the Client or it is not possible to debit the funds from the payment card for a different reason, the Client undertakes to pay for the hire and (or) reservation of the Vehicle not later than within 24 hours of the instant of ending the use of the Vehicle (in the case of a delay in payment according to the Rates for the use of the Vehicle) or of the instant of delivery of the relevant notification/first debiting of funds (for other payments). In such case the Client undertakes to ensure enough funds on the payment card to cover a direct debit.
8.13. Where the Client fails to fulfil the obligations laid down by the Contract and the GCTC, the Lessor may send the relevant information (including the Personal Data of the Client) to the court and/or to Third Parties which the Lessor may involve in the recovery of its claims after the Client.
8.14. The Client is authorised, in the case of mistaken debiting of funds from the payment card assigned to the User Account of the Client, to contact the Lessor at email@example.com and to complete an application for a refund of funds in the form specified by the Lessor, with an attached copy of Proof of Identity and documents which confirm the mistaken debiting (receipts, statements of account). The Lessor shall send such application to the partner bank not later than on the next business day following the date of receiving the application, save in the cases when the funds of the Client were debited in accordance with the Contract and the GCTC. The Client may send the relevant application by e-mail to firstname.lastname@example.org, subject to agreement with the Lessor, through the e-mail of the Client specified in the User Account. The partner bank of the Lessor shall refund the funds into the bank account of the Client specified in the application for a refund of funds within 30 (thirty) business days of receiving the application with an attached copy of Proof of identity of the Client by the partner bank of the Lessor. The procedure involved in refunding the funds is governed by the rules of international payment systems. Refunds of the funds in cash is not permitted.
8.15. A payment service with the use of the Internet in accordance with the Contract and the GCTC is conducted through the partner bank of the Lessor in accordance with the rules of international payment systems and the principles of ensuring confidentiality and security of the made payments with use of modern methods of authentication, encryption and data transmission via closed channels of communication. Submission and processing of data regarding the payment card of the Client is carried out at a secure payment site of the partner bank or an organisation engaged by that bank providing payment services.
8.16. The Contract / GCTC or individual marketing campaigns of the Lessor may provide Clients with the opportunity to win a prepaid use of the Anytime Service. These marketing campaigns are regularly published at the Website and in the Mobile Application. The Client also has an opportunity to conclude an individual Contract with the Lessor in which they may agree on the conditions that diverge from the GCTC and the annexes thereto.
IX.Term of Lease
9.1. The Term of Hire of a Vehicle is measured in seconds and starts running by pressing the button “Hire” by the Client in the Mobile Application. The Term of Hire is determined by the actual time of use of a Vehicle by the Client (during the Term of Hire). Incomplete minutes are rounded up to whole minutes.
9.2. The hire of a Vehicle also ends in the cases laid down in subparagraph 7.3.4 and 7.3.7 of these GCTC, in the case of an unauthorised use/theft of the Vehicle, subject to agreement with the Client Service, if the Client adheres to the terms and conditions laid down in subparagraph 7.2.9 of these GCTC in the matter of informing the Lessor, and in the other cases laid down in the Contract and in these GCTC.
10.1. The Parties are liable, in the case of a breach or non-performance of the Contract, in accordance with the Contract and the GCTC and, in matters not regulated herein, in accordance with Legal Regulations.
10.2. Where the Client fails to adhere to any obligations of the Client laid down by the Contract and the GCTC or arising from the Contract and the GCTC and if there is a need to communicate relevant information to the Client, the Lessor is authorised to contact the Client using any available means of communication (including the Contact Number) using the information about the Client which the Lessor has available.
10.3. Where the Client has a debt towards the Lessor for a provided Anytime Service according to the Contract and these GCTC for longer than 24 hours or more than 2,000 CZK , the Lessor is authorised to withdraw the Vehicle from the Client subject to fulfilment of the obligation to notify the Client of such measure over the phone (which he has to attempt at least two times) with use of the Contact Number and if necessary, to take measures to discontinue the Vehicle use by the Client. In such case the Lessor is not accountable for security of the movable things of the Client located in the confiscated Vehicle – the Client shall take measures to ensure security of its property on its own.
10.4. The Client undertakes that it shall, in the case of a breach of or failure to fulfil the terms and conditions of the GCTC, pay a Penalty/Penalties to the Lessor in the amount determined by the System of Penalties and shall also pay in full any damage and other losses incurred by the Lessor as a result of a breach of or failure to fulfil the terms and conditions of the GCTC. Outstanding amounts, caused damage, Penalties and amounts for administration are summed up.
10.5. The amount of excess subject to payment by the Client in favour of the Lessor, if there are reasons for this according to the Contract, may not exceed the amount set in the applicable Rates for each case of damage to a Vehicle. This restriction does not apply to the following cases (when the Client is obliged to pay any damage caused to the Vehicle to the Lessor in full), as well as a Penalty in compliance with the System of Penalties:
i. the Client breached the obligations laid down in subparagraphs 7.2.8 through 7.2.16 of the GCTC, including the obligations related with the damage caused to the Vehicle, inter alia, in the case of a Road Traffic Accident;
ii. in the case of an unauthorised disconnection from or damage to the localiser (GPS device) in the Vehicle;
iii. in the case of failure to submit or late submission of the documents or failure to fulfil the requirements laid down in subparagraphs 7.2.9 through 7.2.16 of the GCTC;
iv. in the case that the Client:
- drove the Vehicle under the influence of alcohol, toxic and narcotic substances or medication following the use of which the driver must not drive a motor vehicle or his/her ability to drive a vehicle might be impaired;
- when driving the Vehicle, refused to undergo a test for the presence of alcohol, toxic and narcotic substances;
- drove the Vehicle at the time when his/her ability to drive the Vehicle was impaired due to his/her health condition;
- handed over driving of the Vehicle to a person who was not allowed to drive a motor vehicle or was under the influence of alcohol or other addictive substances or whose ability to drive the Vehicle was impaired in consequence of his/her medical condition or use of medication.
v. during the Term of Hire damage was wilfully caused to the Vehicle without this having occurred in consequence of a Road Traffic Accident, i.e., in the cases when the Client was aware of the negative consequences of its acting (neglect), foresaw such consequences and wished them to happen or consciously allowed them or approached them with indifference;
vi. a breach of paragraphs 2.5 or 2.7 or subparagraph 7.2.3 of the GCTC was caused during the Term of Hire;
vii. if damage to the Vehicle occurred as a consequence of prohibited overtaking, prohibited driving over a railway crossing, reversing, turning or driving on the motorway on the wrong side of the road, in the case of an accident resulting in death or serious harm to health, fleeing from a road traffic accident, exceeding the maximum speed limit in a municipality by 20 km per hour and outside a municipality by 30 km per hour and more;
viii. in the case of leaving the Vehicle in a situation which could lead to damage to the Vehicle, unauthorised use, theft of the Vehicle or things from the Vehicle, or another illegal action in relation to the Vehicle, including leaving the Vehicle with running engine (ignition on), open windows/door/boot/bonnet;
ix. in the case that the Client is obliged to pay a penalty for failure to pay (delayed payment of) any outstanding amounts and compensation of the costs of the Lessor expended in connection with recovery of any debt unpaid by the Client following expiration of the time limit specified in the notice of debiting or in the request for payment of a debt (claim): the costs of extra-judicial settlement, court costs, including the engagement of external experts, legal, tax and other consultation of Third Parties (legal and (or) consultancy services), postage and other similar expenses in compliance with the Legal Order.
The amount of excess may also be proportionately increased in the case of a breach of any obligations arising from the Legal Order, the Rules for Payment of Damages by the Lessor or these GCTC.
10.6. The Client shall cover the damage (save the exceptions expressly defined by the Contract and the GCTC) which the Lessor incurred in consequence of a breach of the GCTC, the Legal Order and the provisions of the Contract by the Client during the Term of Hire of a Vehicle if such damage is caused by the action (or inactivity) of the Client, including (although not exclusively): Penalties, fines, including sanctions imposed by government bodies as administrative sanctions or as punishment for crimes and (or) offences, for a breach of PSP, parking rules, other requirements of the Legal Order which regulate the matters of road traffic safety, or related with use of the Vehicle by the Client, or arising from the use of the Vehicle by the Client; damage related with the condition of the hired Vehicle at the instant of return, including any in consequence of excessive wear-and-tear; the costs of towing the Vehicle; the costs of parking the Vehicle at an impound lot or area when it may reasonably be anticipated that it concerns a paid parking lot or area; the costs of the Lessor for the payment of liabilities to Third Parties incurred in relation with the action (inactivity) of the Client breaching the terms and conditions of the Contract, the GCTC and (or) the Legal Order; the services of a surveyor, an expert, expert and other organisations – in relation with conducting surveys, valuations; legal services; consultancy services; fees charged by organisations (including banking and credit organisations) for the payment of funds which constitute expenses under this paragraph by the Lessor; the costs associated with the claims of Third Parties in connection with the use of the Vehicle by the Client; financial compensation for the administration (paragraph 10.15 of the GCTC, billed, inter alia, for finding and processing identification of the Client, generating and sending notices of breach to the Client) of the Penalties, payments and other fees and damage (save the payments connected with lost profit).
10.7. All payments, expenses and Penalties (Prices) are made in accordance with paragraphs 8.3 through 8.15 of the GCTC. In the case of an improper fulfilment of the obligations laid down in this paragraph by the Client (for example, insufficient funds in the bank account of the Client, etc.), the Lessor is authorised to charge the Client a Penalty. Calculation of the Penalty commences on the date when the Client fails to fulfil the requirements laid down in paragraph 8.12 of the GCTC.
10.8. The Client carries the risk of the theft, destruction or damage of the Vehicle, the component parts thereof, apparatus and/or equipment, the causing of damage to Third Parties, other vehicles or objects, including any damage incurred without the intent of the Client (accidentally or out of negligence) from the commencement of the Term of Hire to the end of the Term of Hire in cases when the action (inactivity) of the Client is the cause of occurrence of the specified negative consequences, including parking the Vehicle contrary to the Contract and the GCTC or at a place or under the circumstances in which the Vehicle could suffer damage, and following the end of the Term of Hire if the specified risks are not covered by the terms and conditions of the Rules for Payment of Damages by the Lessor .
10.9. Should the acting (neglect) of the Client lead to a refusal to pay out the benefit according to the Rules for Payment of Damages by the Lessor (including late, incomplete or incorrect completion of the documents regarding a Road Traffic Accident, failure to execute the acts which are mandatory in such cases in accordance with Legal Regulations and Rules for Payment of Damages by the Lessor), the Client is obliged to compensate the Lessor for all costs which the Lessor incurs in connection with such circumstance.
10.10. The Client is not liable for:
The Client independently ensures the collection and timely provision to the Lessor of evidence that the Client was not at fault.
10.11. The Lessor and (or) the owner of the Vehicle shall pay the administrative penalties for any breach of the Legal Order in the case of offences recorded by control and measuring means of technology and apparatus working in the automatic regime (“Automated Means”) and the penalties with are imposed directly on the Lessor or on the owners of Vehicles, at their own discretion, as the persons on whom a decision is issued in the case of an administrative offence.
Receipt of information (decision on an administrative offence and evidence of payment of a penalty according to the set template or in the information databases) of commitment of an administrative offence and imposition of an administrative penalty during the Term of Hire of the relevant Vehicle by the Client forms the basis for collecting the above amounts from the Client for the purpose of subsequent payment of a penalty (or reimbursement of a paid penalty) imposed on the Lessor or the owner of the Vehicle.
The Client must pay the amount charged to the Lessor in compliance with this article of these GCTC. After the Client has paid the specified amounts, the Client is relieved of any claims by the Lessor concerning the applicable penalties imposed on the Lessor or the owner of the Vehicle.
The Lessor will process penalties and send the relevant notifications in an order, i.e., with consideration of the date of receipt of the information of imposition thereof (notifications of penalties dated earlier are sent first).
10.12. Any of the following conditions will represent sufficient and unconditional ground for determining the Client as the person having committed an offence (including damage, unauthorised use, theft, breach of PSP, other requirements of legislation and the Contract) and as being obliged to pay the amounts specified in paragraph 10.6 of the GCTC:
Information obtained with use of the software of the Lessor controlling the hires of Vehicles by the Clients is sufficient for the purposes of applying this article.
10.13. Damage to the Vehicle caused due to non-standard operation of the Vehicle are as follows:
10.14. The amount of loss of the Lessor caused by the inability to use the Vehicle on account of a breach of the provisions of the Contract or the GCTC by the Client is calculated as the number of minutes when the Vehicle cannot be used as a result of such breach of the Contract or the GCTC (for example, from the instant of towing a Vehicle to the moment of collecting the Vehicle from a special parking lot or area) multiplied by the costs of keeping the Vehicle in the Waiting regime in accordance with the general rate specified in the applicable Rates.
10.15. The administrative costs of the Lessor for any administrative penalties, enforcement of damage compensation, indemnification and other payments shall amount to 10% (ten percent) of the total amount billed for administration of such payments. When enforcing compensation of any damage caused to the Vehicle, the administrative costs shall amount to 10% (ten percent) of the total damage caused. The amounts of administrative costs are billed for all payments, save payments of the hire charge, the reservation of the Vehicle and Penalties which are to be paid to the Lessor in accordance with the terms and conditions of the Contract.
10.16. The Lessor is not accountable for the use of the Mobile Application from the Mobile Device of the Client by Third Parties and for this reason all operations and instructions originating from the Mobile Device of the Client via the Mobile Application are deemed to have been done by the Client.
10.17. The Lessor does not guarantee that the Website and (or) the Mobile Application will function without interruption, will not contain any errors and/or harmful software. The Lessor is not liable for any direct damage, indirect, accidental, sanction-related or future loss, lost profit, moral injury caused by the use of or inability to use the Website and/or the Mobile Application by the Client. The Lessor is not accountable to the Client for any delay or fault in the operation of the Mobile Application which may occur directly or indirectly for a reason which is not subject to direct control by the Lessor.
XI. Duration of the Contract, Amendment and Termination of the Contract, Blocking the User Account of the Client
11.1. The Contract comes into effect at the moment when it is concluded by the Parties in accordance with Article III of the GCTC (Entering into Contract) and is concluded for an indefinite term.
11.2. The Parties have agreed, in accordance with Section 1752 of Act No. 89/2012 Coll., the Civil Code, that the Lessor is authorised to unilaterally amend and (or) supplement the terms and conditions of the GCTC, including Rates, Penalties and any other annexes to the GCTC. Any amendments to the GCTC made by the Lessor, or any new wording of the GCTC, including new Rates and Penalties, enter into force and become binding on the Parties after the lapse of 15 calendar days following the date when the Lessor informs the Client of the amendments and places the new wording of the GCTC or amendment and (or) supplementation of the GCTC on the Website or in the Mobile Application and the Lessor does not specify a different date of entry into force in a decision published together with such amendments and (or) supplementation of the GCTC (“Publication”). The Lessor reserves the right to inform the Clients of any amendments and (or) supplementations of the GCTC in the ways specified in Article V of the GCTC (Notifications).
11.3. Terms and conditions of the GCTC which improve the position of the Client may, at the decision of the Lessor, have a retrospective effect and also apply to the relations that were established prior to Publication, unless the Client expresses its disagreement with the fact that amendments and (or) supplementations of the GCTC which improve the position of the Client had a retrospective effect in relation to the Client and were applied to the time before Publication, of which the Client is obliged to notify the Lessor in writing or via the User Account (provided that such function is available) within 15 calendar days of the date of Publication. Where the Lessor does not receive such written notification of disagreement from the Client in the manner and within the time limit laid down in this paragraph 11.3, the amendments and (or) supplementation of the GCTC shall be considered as having been accepted by the Client in full and apply in relation to the Client as of the date of Publication.
11.4. If the Client disagrees with the amendment and (or) supplementation of the GCTC, as laid down in paragraph 11.2 of the GCTC, it is authorised to unilaterally reject the amendments within a time limit of 15 calendar days from the date of notification thereof and to terminate the Contract by a notice on the condition that it fulfils its payment obligations (hire charge, Penalties, administrative penalties, compensations and other payments, such as compensation for damage) established during the period of validity of the Contract or in connection with the performance of, a breach of or improper performance of the Contract. Unilateral rejection of any amendments by the Client does not relieve the Client of the duty to fulfil all its obligations established prior to the expiration of the Contract. If the Client did not deliver the written notification of rejection of the amendments to the Lessor in the manner described in the provisions of paragraph 11.3 of the GCTC, the Parties shall consider the amendments and (or) supplementations of the GCTC to be applicable to the Client as of the moment of Publication. The provisions of this paragraph 11.4 of the GCTC do not apply to any amendments to the Rates within campaigns: such Rates apply to the period specified in the relevant notice of the campaign, which is published in the applicable part of the Website and/or in the Mobile Application.
11.5. The hire of a Vehicle by the Client testifies in all cases to the fact that the Client is fully familiar with the terms and conditions of the Contract and the GCTC at the time of hiring the Vehicle and that the Client accepts them in full. 11.6. Each Party is authorised to unilaterally terminate the Contract by sending a written notice of termination to the other Party with the notice period of 30 days following the date of delivery of such written notice. The Client is obliged to fulfil all obligations arising from the Contract not later than on the date of the Contract expiration, save the cases when Legal Regulations provide the Client with other rights that may not be altered following an agreement of the Parties and are binding.
11.7. Termination of the Contract by notice at the instigation of the Client is possible pursuant to a written notice from the Client having the particulars of a legal act or the specimen provided in Annex 2 of the GCTC may be used. The notice of termination may also be sent from the e-mail address specified in the User Account of the Client to the e-mail address of the Lessor email@example.com.
11.8. The Lessor is authorised to unilaterally terminate the Contract with the Client under paragraph 11.6 without any notice period in the following cases:
The Contract is terminated at the moment of sending a notice of termination by one of the following means: (1) through the Mobile Application and (or) (2) by sending an e-mail to the Client. If at the instant of notice the Term of Hire of a Vehicle has not come to an end, the Client undertakes to immediately end the Term of Hire in accordance with the requirements concerning ending the Term of Hire and parking a Vehicle.
11.9. Expiration of the Contract on any grounds does not relieve the Parties of the obligation to fulfil their payment obligations (hire charge, Penalties, administrative penalties, compensation for damage and other payments, as well as any damage caused to the Lessor) the grounds for which were established during the period of effect of the Contract or in connection with the performance, a breach of or improper performance of the Contract. At the same time, the Client acknowledges that the data about its User Account will be archived by the Lessor in secured systems for the period of 10 years from the date of termination of the Contract to allow for dealing with any claims or other requirements laid down in Legal Regulations.
11.10. The Lessor is authorised to block the User Account of the Client in the cases laid down in paragraph 11.8 of the GCTC:
11.11. Blocking the User Account of the Client means restricting the functioning of the User Account of the Client, in consequence of which the Client is unable to submit an Application to Hire a Vehicle, make a reservation, hire the Vehicle and execute certain operations which the Client would be able to execute within the scope of rights of the unblocked User Account of the Client. The Client is not informed of such blocking of the User Account of the Client in any special way, since it will be impossible to submit an Application to Hire a Vehicle, make a Reservation, hire the Vehicle or execute certain other activities. Blocking of the User Account of the Client may affect the possibility of carrying out activities with the Vehicle according to other agreements entered into between the Lessor and the Client.
11.12. Unblocking the User Account of the Client may be connected with a lapse of a certain period of time, fulfilment of certain obligations by the Client, rectification of the circumstances which were the reason for blocking. Blocking may also be set for a period of time during which a decision is taken on the expediency of further cooperation with the Client within the scope of the Contract.
11.13. The blocking of the User Account of the Client does not represent a reason for the Client to make any claims against the Lessor, including any requirements related with the provision of the Vehicle for hire.
XII. Dispute Resolution Procedure
12.1. All disputes between the Parties within the scope of this Contract or in relation with it, including interpretation or performance, are resolved by negotiation of the Parties and/or by sending a written complaint to the other Party, which may state the essence of the dispute, references to the provisions of this Contract and (or) the Legal Order breached by the other Party, as well as specific proposals for the resolution of the dispute
12.2. The term for considering a complaint by the Party which received such complaint is 10 (ten) business days, unless the Parties agree otherwise in writing.
12.3. All complaints by the Client can be sent from the e-mail address of the Client assigned to the User Account of the Client to the e-mail address of the Lessor firstname.lastname@example.org or to the registered office of the Lessor at Krocínova 333/3, 110 00 Praha 1 – Staré Město.
12.4. According to the result of consideration of a written complaint from the Client, the Lessor may send a feedback to the Client either to its postal address or by e-mail.
12.5. If it is not possible to resolve disputes between the Parties by way of negotiation, as laid down in paragraphs 12.1 through 12.4, the disputes shall be resolved by the competent court of the Czech Republic of the relevant jurisdiction. A consumer may also opt for an extra-judicial resolution of consumer disputes, as specified in Article IV of these GCTC.
XIII. Other Terms and Conditions
13.1. The effect of any correspondence, telephone and other acting that took place prior to entering into the Contract shall expire at the moment of entering into the Contract.
13.2. From the moment of entering into the Contract, the Parties recognise effects of the documents (save the documents specified in paragraph 13.1 of the GCTC) sent by e-mail (the e-mail address and postal address of the Lessor specified in the GCTC and the e-mail address and postal address specified by the Client in Confirmation of Acceptance), agree that the specified documents are written documents signed with the handwritten signature of the competent authorised person, because only persons authorised to sign the relevant documents have access to the relevant e-mail addresses and undertake to keep e-mail passwords secret and not allow them to be used by Third Parties.
13.3. With regard to the provisions of paragraph 13.2 of the GCTC, the Parties also recognise the effects of communications and deeds sent and executed by the Client using the Mobile Application or the Website (via the User Account of the Client) and using the mobile telephone Contact Number specified by the Client, because only the Client has access to the relevant User Account (to the User Account of the Client) and to the Contact Number of the mobile telephone; the Client undertakes to keep secret all possible Authorization Codes, the login data required for the use of the User Account of the Client and the Contact Number and not to allow the use thereof by Third Parties.
13.4. Messages sent by e-mail are deemed to have been received by the addressee at the time of their sending. The Lessor has the right not to reply to messages that have previously been answered or which contain obscene, offensive phrases, threats to the life and health of the employees of the Lessor or persons close to them, to the property of the Lessor or of its employees, to inform the writer of the message of the unacceptability of such behaviour and to impose a Penalty in accordance with the GCTC.
13.5. The current information on the terms and conditions of the Contract and the GCTC are specified at the Website and in the Mobile Application. Where there is a conflict between the versions of the GCTC published at the Website and in the Mobile Application, the version of the GCTC published at the Website shall prevail.
13.6. The Client undertakes to inform the Lessor without undue delay of all changes to any Personal Data and to data constituting the User Account of the Client, of disclosure of the login data and (or) an Authorization Code to Third Parties and of the loss thereof or of any circumstances which threaten the preservation of the login data and the Authorization Code – by contacting the Client Service of the Lessor and fulfilling the requirements of the Client Service of the Lessor which ensue from the need to Identify the Client and verify the facts which the Client is providing in accordance with this paragraph 13.6, the Lessor is not accountable for any consequences associated with changes to the data of the Client specified in this paragraph 13.6 and for any operations executed with the Account of the Client if the Client failed to inform the Lessor of the circumstances specified in this article of the GCTC and (or) has provided the Lessor with invalid data.
Annex 1 to the GCTC
SYSTEM OF PENALTIES
|Breach||Maximum Penalty amount|
|1||Vehicle spoiling and leaving of rubbish in the Vehicle, smoking in the Vehicle, damage to the Vehicle interior||1,000 CZK + compensation of the costs expended by the Lessor for chemical cleaning, cleaning or repair of the Vehicle|
|2||Using another than the prescribed type of fuel (the prescribed type is Natural 95) for the Vehicle fuelling by the Client||1,000 CZK + compensation of the costs expended by the Lessor incurred in relation to re-entering the Vehicle into service|
|3||Registration of another User Account of the Client||1,000 CZK|
|4||Unauthorized placing of sticker or removal of the stickers placed by the Lessor or another damage to the Vehicle design||3,000 CZK + compensation of the damage incurred|
|5||Parking of the Vehicle (termination of the hire of the Vehicle) in an area without public access, on a closed, paid or reserved parking lot or area, in underground or private garages, in an area accessible only with a permission, and parking in breach of the Legal Order (including PSP).||3,000 CZK + compensation of the costs incurred|
|Parking of the Vehicle (regardless of the regime of use of the Vehicle), leading to a breach of PSP, other legal regulations or the obligations laid down in the GCTC||3,000 CZK + compensation of the costs incurred to the Lessor (Vehicle towing, etc.)|
|7||Leaving the Vehicle with running engine unlocked, with open windows/door/ boot cover/bonnet, etc.||3,000 CZK + compensation of the damage incurred|
|8||Loss or damage to the Vehicle documents, loss of the mandatory equipment or a part thereof, either or both parts of the highway vignette, loss of the Vehicle accessories||3,000 CZK + compensation of the costs related with reclaiming the lost or damaged documents and things, recovery (purchase) of the listed accessories, equipment and devices|
|9||An attempt of a blocked Client to use the Anytime Service without removal of the causes for the User Account blocking, including creation of a new/supplementary User Account and a repeated attempt to enter into a contract Anytime||3,000 CZK|
|10||A failure to return the Vehicle in due technical condition||3,000 CZK + compensation of the damage incurred if it is not covered by the excess of the Client according to its applicable Rates|
|11||Seizure of the Vehicle by the Lessor upon a breach of the GCTC||3,000 CZK + compensation of the costs incurred by the Lessor|
|12||Breach of the obligations under sub-paragraphs 7.2.7. through 7.2.16. of the GCTC (a failure to perform visual examination of the Vehicle, to report a Road Traffic Accident or to submit the documents, etc.)||3,000 CZK + compensation of the damage incurred|
|13||Leaving of the Permitted Zone||10.000 CZK + compensation of the costs incurred by the Lessor in relation to returning of the Vehicle to the Domestic zone|
|14||Use of the vehicle in contradiction with the GCTC, PSP and other legal regulations, insecure driving of the Vehicle||10,000 CZK + compensation of the damage incurred compensation of the costs incurred by the Lessor in relation to repeated putting of the Vehicle into operation|
|15||Unauthorized manipulation with the Vehicle (conducting any modifications on the Vehicle, damage to the Vehicle, etc.)||10,000 CZK + compensation of the damage incurred compensation of the costs incurred by the Lessor in relation to repeated putting of the Vehicle into operation|
|16||Leaving (allowing for) driving of the Vehicle to a Third Party, leaving (allowing for) driving of the Vehicle to a party that is under the effects of alcohol, toxic or another narcotic substance or is not entitled to drive the Vehicle||20,000 CZK + compensation of the damage incurred|
|17||Wilful disconnection from or damage to the localiser in the Vehicle||50,000 CZK|
|18||Breach of any other obligations arising from the GCTC||500 CZK|
|19||Fee for sending the first debt recovery reminder to the Client by the Lessor||100 CZK|
|20||Fee for sending the second and following debt recovery reminder to the Client by the Lessor||300 CZK|
|21||Vehicle entry into a garage or underground parking lot||1,000 CZK + reimbursement of costs incurred by the Lessor to return the Vehicle from such area|
|22||The Client's failure to properly fulfil the obligations referred to in paragraph 10 of the GCTC (e.g. insufficient funds in the Client's bank account, etc.)||0.05% of the amount due for each day of delay until the date of full payment by the Client. The calculation of the contractual penalty starts from the date of the Client's failure to comply with the requirements specified in paragraph 8.12 of the GCTC|
The amount of the Penalty always depends on the particular circumstances of the given case/breach and the decision of the Lessor.
In some cases, the claim of the Lessor is partly or entirely covered by the excess of the Client according to the applicable Rates for each case of the Vehicle damage, as agreed in more detail in paragraph 10.5. of the GCTC. Imposing and payment of a Penalty does not release the Client from the obligation to compensate the Lessor for any damage incurred.
Annex 2 to the GCTC
Name (first name, surname): _________________________________________________________
Date of birth: _________________________________________________________
Proof of Identity (passport/ID card no.): _________________________________________________________
Domiciled at: _________________________________________________________
Contact mobile phone number: _________________________________________________________
I am terminating this Contract for the provision of vehicles for temporary use concluded with your company D-Mobility Czech Republic s.r.o. Identification number: 07584466.