TERMS AND CONDITIONS
Prague Drivers Online s.r.o., with its registered office at Záhřebská 562/41, Prague 2, 120 00, Company ID 19710305, registered at the Municipal Court in Prague, Section C, File 390484, (hereinafter referred to as the Company), operating the website praguedrivers.online (hereinafter the Website) issues in accordance with the provisions of Section 1751 et seq. disciple. No. 89/2012 Coll., Civil Code, as amended, as follows:
General Terms and Conditions (hereinafter referred to as GTC)
1. Contracting Parties and scope:
I. Company – carrier or transport agent who arranges or mediates transportation and other services on the basis of these GTC for the Customer, within an assistance of a driver as an employee or contractual partner of the Company. Unless otherwise agreed, all transport services and mediation of these services are exclusively provided by registered taxis-free taxi cars pursuant to Act No. 111/1994 Coll., On Road Transport, pursuant to Section 21 (4) on the basis of a prior written contract.
II. Customer – a legal or natural person who uses the Company’s services on the basis of an Order or a Contract for himself or a third party (eg in the case of travel agencies or hotels), after having consented to these GTCs, declaring that by sending or handing the Order or by concluding the Contract agree to these GTC to which the Order or the Contract refers. A Customer who does not agree with these GTC is not entitled to enter into any contractual relationship with the Company. These GTC are the basic provisions of the contractual relations between the Company and the Customer and, if they deviate from the disposable legal norms, they have priority over these standards.
2. Order and contract
I. Order – a binding and irrevocable proposal to conclude the Contract sent by the Customer online via the Website, or via e-mail or telephone, or via SMS or handed over in person at the Company’s registered office. The Contract on the basis of which the Company provides services to the Customer is based on a binding confirmation of the Order. Confirmation of Order Acceptance to the System is not deemed to be binding until confirmed by the Company, when the Customer is also notified that it may use the Company’s services only after having consented to these GTC. The Order (or part thereof) confirmed by the Company is deemed to be binding for both parties unless the terms and conditions agreed at the time of confirmation are violated. In particular, the content of the Order (the exact specification of transport and the number of transported persons), the price of transport, the method of payment, the consent to the GTC and the date of implementation are considered as essential conditions.
II. Contract – a contract between the Company and the Customer by which the Company undertakes to provide the Customer with transportation and other services and the Customer undertakes to pay for the Services.
3. Course of transport
I. The Customer expressly acknowledges that it is obliged to arrange the time boarding in advance, at least with a 30-minute time reserve for force majeure, unfavorable traffic or closures, etc. Otherwise, the Customer is not entitled to claim damages from the Company.
II. The Customer may change or cancel a transfer service in Prague via the Website, by sending an e-mail or by phone – at least 24 hours before the pick-up time. In the event of a later change, the price for the Company’s service is entitled to be set off against the contractual penalty for damage caused by late cancellation of the transportation.
4. Payment Terms
I. When paying the service in cash, the driver or representative of the Company accepts only Czech crowns (CZK) and currencies that are optional during the booking process. Payments made in foreign currency cash are based on the current exchange rate of the Czech crown on the day of shipment determined by the Company, not the rate that was current on the day of booking.
II. If the Customer pays online with a debit or credit card, payment can be made according to the chosen payment gateway method.
The payment gateway providers on this website are:
ComGate Payments, a.s. with its registered office at Gočárova třída 1754/48b, 500 02 Hradec Králové, Company ID 27924505, registered at the Regional Court in Hradec Králové, Section B, File 3755, E-mail: platby-podpora@comgate.cz, phone: +420 228 224 267
PayPal (Europe) S.à r.l. et Cie, S.C.A. Société en Commandite par Actions: 22–24 Boulevard Royal, L-2449 Luxembourg RCS Luxembourg B 118 349
Stripe Technology Europe, Limited is an Irish limited company. Registered number: 0599050. Registered office: 25/28 North Wall Quay, Dublin 1, D01H104
If the Customer pays directly to the driver or the Company’s representative, it is only possible to make a payment in CZK and only by cards whose logos are displayed on the Company’s website.
III. Payment by bank transfer (invoice) is only possible upon request or when the Company has authorized this payment option. The Company may require payment of an advance invoice prior to the execution of the order, otherwise it may cancel the order. Invoices can only be issued in CZK.
IV. For Orders where the pickup point is outside Prague, trips and Orders in particular for larger groups, the Company may require a deposit to be paid at least 24 hours before the designated pickup time. In such cases, the Company will inform the Customer of the need to pay the deposit and the possible method of payment. In case of non-payment of the required deposit, the Company is entitled to cancel the Order without compensation.
V. For payments made directly to the driver (by credit card or cash), the driver will issue a receipt to the Customer on the day of transport (usually a simplified tax document). For payments made on-line via the Company’s website, a confirmation of receipt of the deposit for the ordered service will be sent to the Customer. The Company issues the final tax document for on-line advance payment upon request. All Company Prices are final and include appropriate VAT.
VI. If the booking includes a return trip or a greater number of trips, the Customer may pay the total amount either at one time, or pay for each trip separately. The driver will issue a receipt to the Customer, stating the exact amount paid. If both journeys have been paid, the Customer will provide the driver with a return receipt on the return trip.
VII. If the Customer cancels a prepaid online service and is entitled to a refund, the money will be automatically returned to the card (or account) that was used to pay the order. Otherwise, any refund claims must be submitted within 30 days in writing or by e-mail, to the address or email address of the Company. Upon expiry of this period, the Customer no longer has any claim for a refund (compensation).
VIII. The Customer undertakes to immediately notify the Company of the Costumer’s insolvency. Thus all the Company’s receivables from the Customer become due on the day the Company became aware of such insolvency.
5. Obligations of the Customer
The customer is obliged to behave according to the instructions of the driver at the time of transport and in particular to observe the safety regulations of the valid transport. The Customer acknowledges that he has been instructed about all circumstances, including safety regulations, prior to the transport. The Customer also undertakes not to damage the equipment of the carrier and the transport areas in any way, to preserve its cleanliness and not to damage the property of other transported persons, or not to bother them at any time during transportation. In the event of a breach of these obligations, the Customer is aware of the liability for damage caused to the Company or to the ordered carrier, or to third parties by their actions. In addition, the Customer is obliged to board the vehicle at the agreed time of arrival, except when objective facts prevent him from boarding the vehicle on time.
6. The Liability of the Company
I. The Company is liable to the Customer for any damage caused directly by the Company or its employee or contractual partner. In case of mediation of the Customer’s transportation by another carrier, this carrier is liable for the damage caused by them performing the carriage and the Customer accepts their carriage service by boarding their vehicle. The Customer acknowledges that he/she is not entitled to damages if:
- There has been a delay in transportation, either at the beginning of the Customer’s boarding or during the transport itself, due to force majeure. Force majeure is defined as an intervention of a natural disaster, weather, weather conditions, a car accident not caused by the Company’s driver or a driver of an intermediary carrier, road congestion caused by road repairs or other communications, or delay caused by government or administrative intervention – police officers, etc.
- There has been a delay in transportation due to the Customer or another ordering party (travel agent, hotel, tour operator, etc.), for example by not arriving at the agreed time at the agreed place.
- There has been damage done to the property of the Customer or to his health resulting from a traffic accident not caused by the Company’s driver or an intermediary carrier’s driver, but by another driver, animal or person.
- There has been damage done to the property of the Customer or to his health or life due to any manoeuvre that the driver was forced to undertake during transport in order to prevent greater damage or consequences, such as the need for sudden braking due to the situation on the road, sharp detours and skidding, where, unless proved otherwise, such a manoeuvre is considered necessary, for instance, for avoiding a collision with an animal, man, or other vehicle on the road, etc.
- There has been damage done due to the obliviousness of the Customer or another ordering party (for example, forgetting to put baggage into the trunk or forgetting to unload it, loss of small items or cash during carriage, etc.).
- The Customer has suffered damage as a result of a wrong or improperly chosen time of arrival.
II. In the event that there was damage caused to the Customer thanks to a pickup at a different time than the time stated on the Order, the Customer is entitled to a contractual penalty that represents a flat-rate compensation up to a maximum of CZK 2,000. The damage caused must, however, be demonstrable and substantiated by the Customer, who has to file a Complaint in accordance with these Conditions specified below. By using the Company’s transport or by using transport mediation services, the Customer expressly declares that he finds the amount of a contractual fine of up to CZK 2,000 as a flat-rate compensation for damage caused by or in connection with the transport to be entirely sufficient, and agrees with this amount. If the Customer intends to claim damages exceeding the amount of the contractual penalty of CZK 2,000, then he/she is obliged to insure him/herself in case of damage. This duty to get insurance against damage in the event of injury, has been fulfilled by the Customer on the basis of boarding, and the Customer takes full responsibility regarding the fulfilment of this obligation.
III. Complaints with a claim for damages must be made without undue delay, but no later than 30 days in writing or by e-mail, after which the claim for damages expires. However, any Customer complaint will still be properly investigated. The customer is not entitled to compensation if, for logistical reasons, a replacement car of the same type or the same car in a different colour and situation is provided or if the damage is caused by force majeure that the Company cannot influence. Claims for damages must be submitted within 30 days in writing or by e-mail, to the address or email address of the Company. Upon expiry of this period, the Customer no longer has the right to claim compensation or any related claim for damages, with respect to the application of the contractual penalty. Any Customer complaint will, however, be properly investigated. Damages are totally exempt in instances when, for logistical reasons, a replacement wagon of the same type or the same wagon is provided in another colour and the situation where the damage occurs due to events that the service provider cannot influence, such as force majeure.
IV. In case there is any problem with a specific service ordered (eg cannot find a driver), the Costumer should immediately contact the Company via telephone. If the problem is not resolved immediately or to the extent required, Customer will notify the Company by email or in writing, giving all details of the Complaint. The Complaint will then be investigated as soon as possible, but not later than 30 days.
V. All necessary contacts regarding the Company for the purpose of filing a Complaint or claiming a contractual penalty/compensation shall be found by the Customer on the Order or the Contract of carriage, or these contacts will be provided by the respective driver of the car to which the Customer is transported.
7. Personal Data Protection of the Costumer
I. Personal Data Protection of Customers is implemented in accordance with Act No. 101/2000 Coll., On Personal Data Protection and Regulation (EU) 2016/679 of the European Parliament and of the Council on the Protection of Individuals with regard to Personal Data Processing (General Data Protection Regulation).
II. The Customer acknowledges that the Company processes personal data necessary for the fulfilment of obligations under these Business Terms and Conditions for the necessary period of time, however, no longer than 3 years from the termination of the Company’s provision of services. Only the Company can process the provided data in the usual manner. The Company is obliged to guarantee the confidentiality of personal data provided, inter alia, in order to prevent unauthorized access or unauthorized use. There is no automated decision making or profiling. In particular, the customer has rights pursuant to Sections 11 and 21 of the above Act, ie in particular the provision of data is free, voluntary, has the right to access his personal data and the right to issue a certificate of processing, the right to correct such personal data, their deletion and restrictions, portability and the right to object, as well as the right to apply to the Office for Personal Data Protection if it finds that the Company’s obligations under this Act have been violated when processing the data. If active consent to the processing of certain personal data is required, it may refuse it or withdraw it at any time at the Company’s address free of charge. The withdrawal of consent is effective at the moment of delivery of the Company.
8. Final Provisions
I. The legal form of a legal act is maintained if the legal act is made by telegraph, telex or by electronic means that enable the content of the legal act to be captured and the person who made the act to be determined.
II. These GTC come into force and effect as of September 11, 2023 for an indefinite period of time and replace the previous version of GTC. In case of changes to these GTC, which the Company reserves, the GTC in the version valid at the time of signing the contract or sending a valid order is binding for the Customer. The current version of the GTC is available 24 hours a day at praguedrivers.online and in printed form at the Company’s registered office.
Prague, 11.9.2023
Prague Drivers Online s.r.o.