General Terms and Conditions
Established by Since 2012 s.r.o., ID No: 29055148, located at Dopraváků 749/3, Praha 8 — Dolní Chabry, PSČ 184 00, which governs below the individual rights and obligations of the parties resulting from contracts entered into for the purpose of the temporary use of individually assigned non-usable movable property for consideration.
Art. 1 INTRODUCTORY PROVISIONS
1.1 The Lessor is Since 2012 s.r.o., ID No: 29055148, located at Dopraváků 749/3, Praha 8 — Dolní Chabry, PSČ 184 00.
1.2 A lessee means an entity, in particular a natural or legal person, specified in the Lease Agreement between the Lessor and the Lessee.
1.3 The parties are the Lessor and the Lessee.
1.4 Contract is a Lease Agreement between the Lessor and the Lessee.
1.5 The subject of the lease is an individually determined non-usable movable thing that is specified in the Contract.
1.6 GTC is the following General Business Terms written in accordance with the provisions of § 1751 et seq. Act No. 89/2012 Coll., the Civil Code, as amended, which govern the rights and obligations of the Parties to the Treaty in the event that these rights and obligations are not specified in the Treaty itself.
Art. 2 CLOSURE OF THE CONTRACT
2.1 The contract is concluded for a fixed term and its effectiveness begins on the date stipulated in the Contract. The contract expires upon expiration of the agreed time. The Lessor will let the Lessee Lease subject in a state of temporary use. The Lessee undertakes to pay to the Landlord for the subject of renting the rent.
2.2 The Lessee confirms with the conclusion of the Contract that he has fully acquainted with these GTC and agrees with their content, unless otherwise stipulated in the Contract, by signing these GTC. The contract may include Appendix 1 in the form of the Spare Parts Pricelist.
2.3 The Lessee is obliged to sign in writing “Tenant’s Declaration of the Rules of Use of the Subject of Lease” before signing the Contract.
Art. 3 GENERAL RIGHTS AND OBLIGATIONS
3.1 The Lessor undertakes to give the Lessee the Subject of the Lease so that the Lessee may use it for the purpose or for the usual purpose. The Lessor is obliged to provide the Tenants with uninterrupted use of the Lease Object for the duration of the lease.
3.2 The Lessor is obliged to keep the Lease Subject in such a condition as to serve the use for which the Tenants have leased.
3.3 The Lessor is responsible for complying with the applicable legal, technical, safety, hygienic and similar regulations as well as with environmental protection regulations (hereinafter referred to as “legal regulations”) at the time of its delivery to the Lessee.
3.4 The Lessor declares that the materials used in the manufacture of the Lease subject have been used which do not conflict with the relevant standards or the applicable legal regulations.
3.5 The Lessor instructs the Lessee to use the Hire Subject, unless the rules are generally known, or, failing that, that it is not necessary. If this is not done, the Lessee will compensate for the damage incurred.
3.6 The Lessor submits to the Lessee the subject of the lease with all that is necessary for the proper use of the Subject of the lease.
3.7 The Lessee is obliged to provide the Lessor with the necessary cooperation for the proper and timely performance of the Contract under the Contract.
3.8 The Tenant may only be the subject of the lease. In the event of damage to the Subject of Lease by a person that the Lessee has entrusted to the Lease, the Lessee is responsible for the lease and undertakes to pay to the Lessor all necessary costs related to the repair of the Lease Object.
3.9 The Lessee is not entitled to grant a third party the right to use the Subject of the Lease (hereinafter referred to as the “Sub-lease”).
3.10 The Lessee is obliged to use the Subject of the Lease only for the purpose for which it is intended and in the usual manner and treat it gently so that the Subject of the Lease does not cause damage or excessive wear and tear. The Lessee is obliged to follow the instructions and advice of the Lessor for the duration of the Contract.
Art. 4 TIME AND PLACE OF REALIZATION OF THE OBJECT OF HIRING
4.1 The Lessee is obliged to return to the Lessor the subject of the lease after the agreed time.
4.2 The place of surrender and surrender of the Lease is the registered office of the Lessor, unless the Contract is otherwise agreed upon.
4.3 The Lessee is obliged to appear at the place of delivery of the Lease Object at least 15 minutes before planning to submit the Lease Object.
Art. 5 RENTAL AND PAYMENT CONDITIONS
5.1 The rent for the subject of the lease is determined by the Contract, according to the type of individually determined non-usable movable asset.
The Contracting Parties agree that
a) The Lessee deposits a refundable cash advance in the amount of 50% of the rent for the Lessor subject to the Lessor, the remaining part of the rent for the Subject of the lease (50%) will be paid to the Lessee immediately after the Submission of the Rent to the Lessor;
b) The Lessee pays the full price of the rent for the subject of the lease without charge to the Lessor’s account number before the conclusion of the Contract.
5.3 The Lessor is entitled to a reimbursable cash advance pursuant to Article 5.2 a) GTC unilaterally offset all of its monetary claims for the Lessee arising from the concluded Contract. By the conclusion of the Agreement, the Lessee agrees to the payment of contractual penalties, compensation for any damage to the subject of the lease, participation in damage to the subject of the lease, or any other sanctions or charges connected with the use of the Tenant’s tenant by the Lessee.
5.4 The Contracting Parties have agreed that the reimbursable cash advance pursuant to Article 5.2 (a) The GTC is forfeited to the Lessor if the
Lessee does not transfer the Subject of the Lease to the Lessor at the agreed time, or if the Lessee does not inform the Lessor in sufficient time that the Lease Object can not be assumed by the Lessee.
5.5 The parties agree that rent for the subject of the lease under Article 5.2 b) The GTC is forfeited to the Lessor if the Lessee does not transfer the Subject of the Lease at the agreed time from the Lessor, or if the Lessee does not inform the Lessor in sufficient time that the Lease Object can not be accepted by the Lessee.
Art. 6 LIABILITY FOR FAULTS
6.1 The Lessor is responsible for the defects of the Lease Subject at the time of the conclusion of the Contract by both parties.
6.2 The Lessor is responsible for ensuring that, over the entire term of the Contract, the Subject of Lease has the properties stipulated in the Contract, the characteristics required by law, or the characteristics customary in terms of the purpose of the use or property of the Landlord.
6.3 In the event that the Subject of Lease has a defect under Article 6.2 of the GTC, the Lessee is entitled to:
a) to demand the removal of defects by supplying a replacement Lease Subject,
(b) require a reasonable rental allowance for the subject of the lease, or c) withdraw from the Contract.
6.4 The choice between the claims referred to in Clause 6.4 of the GTC shall in any event be attributable to the Lessee but shall be obliged to notify it to the Landlord without undue delay. In the event that the Lessee fails to announce without any undue delay the choice of his / her claim under Article 6.4 of the GTC, he / she shall choose the way of remedying the defect of the Lessor.
6.5 The Lessor shall not be liable for defects in the Subject of the lease
resulting from the usual wear and tear, improper use and handling of the Subject of Lease by the Lessee, or using the Lease of the Lease Subject for other purposes than those to which it is intended.
Art. 7 CONTRACTUAL AND PUNITIVE DAMAGES
7.1 If one of the Parties to the Agreement is in default of payment of any payment under the Agreement, the other party is entitled to claim interest for late payment in the manner and in accordance with applicable legal regulations.
7.2 The Lessor is entitled to issue a tax document – an invoice to any contractual penalty. Any contractual penalty is payable within 30 (thirty) days of the date of notification of its application to the other party to the Contract.
7.3 Unless otherwise specified, the payment of any contractual penalty does not relieve the obligated Contracting Party of the obligation to fulfill its original contractual obligations.
7.4 The obligation to pay contractual penalties does not affect any obligation to pay damages in its entirety. Repayment of any damages is not affected by any agreement or payment of any contractual penalty. The Parties undertake to do their utmost to prevent damage and minimize the damage incurred.
7.5 If the Lessor’s Subject of Return is damaged by the Lessor, the Contracting Parties undertake to draw up a “Return Repository Return Protocol”, in which the extent of damage to the Subject of Lease is determined. After the “Return of the Lease Object Log” is written, the Lessor is entitled to require the Lessee to pay a sum of money equal to the amount specified in Appendix 1 of the Contract (Price List of Spare Parts) that the Lessor is entitled to use for the damage caused by the Lessee to the Subject of the Lease.
7.6 If, in the course of the performance of the Agreement, the Lessee uses the subject of the lease for purposes other than the subject of the Lease, the
Lessor is entitled to require the Lessee to pay a contractual fine of CZK 5,000 for each case of such breach.
7.7 The Lessor shall not be liable for any damage to the health and property of the Lessee or third parties caused in connection with the use of the Lease Subject by the Lessee
Art. 8 HIGHER MOC
8.1 If one of the Contracting Parties to the Treaty refuses to act in the performance of its obligations, this Contracting Party is not in default, but only to the extent and for as long as the impossibility of performance is undoubtedly caused by the act of force majeure.
8.2 By force majeure, for the purposes of the GTC, such events (obstacles) occurring after the commencement of the commitment, independently of the will of the relevant Contracting Party to the Treaty, are of an exceptional nature, are unavoidable, unpredictable, insurmountable and prevent objectively fulfillment of obligations under the Treaty (eg, civil unrest, fire, floods, epidemics, quarantine measures, earthquakes, landslides, explosions, terrorist attacks, etc.).
8.3 If force majeure occurs, the Contracting Party concerned shall immediately inform the other Contracting Party promptly of the nature, the beginning and the end of the force majeure event and provide evidence of such facts.
Art. 9 WAYS OF TERMINATION OF THE AGREEMENT
9.1 The Contracting Parties are entitled to withdraw from the Contract for statutory reasons, for the reasons set out in these GBCs, or for the purposes of the Agreement itself.
9.2 In the event that the Lessee withdraws from the Contract within a period shorter than the period stipulated in Art. 4.3 of the GBTC, the Lessor is entitled to retain 50% of the amount of the Lease Object Price as per Article 5.2. b) GTC.
9.3 The Lessee is entitled to withdraw from the Contract if the Lessor is in bankruptcy or in liquidation, or his property will be ordered to execute.
9.4 If the Lessee fails to comply with the term of the Lease Contract agreed in the Contract or within an additional reasonable period, the Lessor is entitled to withdraw from the Contract.
9.5 If the Lessor finds that the Lessee, in the course of the performance of the Agreement, uses the subject of the lease for purposes other than those to which the Lease is intended, the Lessee disregards the advice and instructions of the Lessor, or if the Lessee establishes for the benefit of a third person the Sub- is entitled to require the Lessee to abandon this action. If the Lessee fails to do so immediately, it is a material breach of the Contract which entitles the Lessor to withdraw from the Contract and to require the Lessee to pay a contractual fine of CZK 5,000.
9.6 In the event of withdrawal from the Contract, the Parties shall undertake to settle the mutual rights and obligations. The party that has caused the justified withdrawal from the Contract is obliged to pay to the other party all costs incurred as a result of withdrawal from the Contract. Withdrawal, the Agreement is abolished from the outset and the parties are required to return the performance they have received so far.
Art. 10 PROTECTION OF PERSONAL DATA
10.1 Protection of personal data Tenant who is a natural person is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
10.2 The Lessee agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, tenant’s name and identification data. (hereinafter referred to as “Personal Data”). Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
10.3 The Lessee agrees to the processing of personal data by the Lessor for
the purposes of implementing the rights and obligations of the Agreement and for the purpose of maintaining the User Account. If the Lessee does not choose another option, he agrees to the processing of personal data by the Landlord also for the purpose of sending information and commercial messages to the Lessee. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would in itself prevent the conclusion of the Agreement.
10.4 The Lessee may process the Lessee’s personal data to assign a third party as processor. Personal Data The Lessee will not be transferred to third parties without its prior consent.
10.5 The Lessee acknowledges that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data. The lessee may withdraw his consent to the processing of personal data at any time in writing.
Art. 11 DISPUTE SETTLEMENT
11.1 The Parties agree that all disputes arising out of or in connection with the Agreement will be settled by mutual negotiations as a primary way of resolving disputes.
Art. 12 FINAL PROVISIONS
12.1 The Lessee declares that he has become familiar with the text of this document, including all annexes, before the conclusion of the Contract, and has obtained all necessary information regarding the risks, unexpected events and all other circumstances relating to the Subject of the Lease.
12.2 In the event that the GTC or the text of the Contract refers to any legal regulation or standard, the legal regulation shall be understood as in force at the time of conclusion of the Contract. In the event that such legislation is not applicable for any reason, the parties are obliged instead to apply the rule of law by their nature to the law nearest to them.
12.3 The provisions of the GTC shall become effective in relation to the
Contracting Parties to the Treaty on the effective date of the Treaty of which they form part.
12.4 The provisions of the GBC are binding on both parties unless expressly provided otherwise by the Agreement.
12.5 The Contract shall be governed by the valid and effective legal order of the Czech Republic, excluding conflict rules. Unless stipulated otherwise in the Agreement or in these GTC, the amendment contained in Act No. 89/2012 Coll., The Civil Code, as amended, applies.
12.6 The Contract may be changed only by mutual agreement of the Contracting Parties, and only in the manner in which it was concluded.
12.7 These GBCs, including their parts, are valid and effective from 1.4.2017, available at the Lessor’s registered office or premises or electronically at www.prague-segway-tours.com a www.prague-scooter-tours.com.
Guided Tours — Terms and Conditions As Lessee hereby certify that:
1) I am responsible for damage to health and property Lessee or third parties caused in connection with the use of the lease.
2) I am responsible for any damage which may arise on the subject of the lease during the term of the Agreement,
3) I was before the conclusion of the Agreement Lessor duly acquainted with the rules of use of the subject lease and these rules, I fully understand,
4) I’ll follow all safety instructions, guidelines, recommendations, and advice Lessor or its employees concerning the use of the subject of the lease during the term of the Agreement,
5) I’ll take the lease subject in a way that no one suffered damage to health and property.
6) the repeated violation of the rules of use of the subject letting me be Contract Lessor immediately canceled without compensation.
Client/ customers written down below hereby confirm that:
They were made aware of the terms and conditions of business as set out by the provider. The terms of business are governing the contract made for the purpose of short term use of individually allocated vehicle in exchange for monetary compensation.
I hereby acknowledge and agree to the following rental agreement terms an conditions.
- All written personal informations are correct.
- I am fully responsible for any damage or lost of rented Segway or Electric Scooter. In case of damage or lost i will compensate all costs.
- I am taking a ride on Segway or Electric Scooter at my own risk and i am responsible for any possible property damage or health of myself or third part which can be occurred by my ride.
- I confirm i have a valid travel insurance to cover any possible property damage or health of myself or third part.
- I read safety instructions and i have been instructed and i fully understand how to ride on Segway or Electric Scooter.
- I fully confirm to wear and seal a protective helmet during the whole ride.
- I will follow all instructor’s advice, otherwise the ride can be interrupted and canceled without any compensation.
- I fully understand to ride slowly, with maximum safety and to pay attention to all other riders or pedestrians.
- I fully respect the borders of Segway or Electric Scooter route. In case of crossing the border, the ride can be interrupted and canceled without any compensation.
- 10. I confirm I am not the under influence of alcohol or any addictive drug.
- I noted that the Since 2012 s.r.o. as the Lessor recommends minimum riders age 15 years.
- If there are children less then 15 with me i am fully responsible for their behavior and its consequences during the tour.
- With my signature I confirm, that I agree with Terms & Conditions by Since 2012 s.r.o. including price list of spare parts which are available on www.prague-segway-tours.com a www.prague-scooter-tours.com or in the office of the Lessor.