General Terms and Conditions

‍

Liftago CZ, s.r.o., ID No.: 29138787, with registered office at Rohanské nábřeží 678/25, Karlín, 186 00 Prague 8,
Email: [email protected],
registered in the Commercial Register at the Municipal Court in Prague, file number C 203226.
‍

Part A/ Basic Provisions

‍Liftago CZ, s.r.o. (hereinafter also referred to asthe "Company") is the authorised operator of the platform (and therelevant software application, including its visual component) for optimizationof urban mobility under the name LIFTAGO, including the Company's website,(hereinafter also referred to as the "LIFTAGO Application" or the"System") and in this context the Company arranges or procures theconclusion of contracts for the transport of persons or goods on the roads inthe Czech Republic. The Company is a provider of an on-line marketplace withinthe meaning of Section 2(2) of Act No. 634/1992 Coll., on Consumer Protection,and these General Terms and Conditions also apply to all contracts concludedwithin the on-line marketplace.

I. Basic Provisions for Carriers

These General Terms and Conditions (hereinafter referred to as "Terms and Conditions" or "GTC") apply to the relationship between the Company and other person-carriers who have downloaded the LIFTAGO Carrier Application on their device in connection with a particular vehicle and have made the necessary carrier registration within the Application to enable such persons (hereinafter also referred to as "Carriers") to offer their passenger transportation services through the LIFTAGO Application, including their luggage, (Taxi Services) or services for the transportation of goods-small consignments (Passenger Transportation and Goods Transportation, hereinafter collectively referred to as "Transportation Services"). The carrier, usually represented (in accordance with the provisions of Section 166 of Act No. 89/2012 Coll., the Civil Code) by the driver of the relevant vehicle, is obliged to provide the truthful and complete information required when registering. Within the scope of its registration, the Carrier shall indicate in particular its name and surname or name (business name), identification number, tax identification number (if the Carrier is a VAT payer), vehicle specification (vehicle registration mark, factory mark and trade name), name and surname of the driver who will drive the vehicle, the number of the concession-licence for the operation of a taxi service (road motor transport-passenger operated by vehicles designed for the carriage of no more than 9 persons including the driver) and the number of the taxi driver's licence (taxi driver's licence) and/or the number of the concession-licence for the carriage of goods (road motor transport-freight operated by vehicles or combinations of vehicles with a maximum authorised weight not exceeding 3.5 tonnes, if intended for the carriage of animals or goods). The Carrier acknowledges that a separate registration must be made for each vehicle (which thereby acquires its own ID - "driver ID"), and that each Carrier registration and subsequent conclusion of transport contracts is always technologically linked to a specific telephone number provided by the Carrier.
In the event of a change in the Carrier's data provided by the driver during registration, the driver is obliged to correct the Carrier's registration data within 1 day from the date when the Carrier itself became aware of the change in the registration data. This obligation applies in particular to the change of the VAT payer or non-taxpayer status. The Company does not assume any liability for incorrectly entered or unchanged data of the Carrier.
The carrier acknowledges that according to the provisions of Section 21(3) of Act No.111/1994 Coll., on Road Transport, the work of a taxi driver may only be performed by a person who is in a basic employment relationship with the carrier (unless this person is the carrier himself or his spouse or registered partner) and who holds a taxi driver's licence. The carrier further acknowledges that he may only provide taxi services with the relevant licence in a vehicle registered in the register of taxi vehicles and bearing a taxi vehicle registration sticker.
By clicking on the "I AGREE" button during registration, the carrier expressly undertakes to comply with the provisions of the GTC and at the same time declares that its vehicle, which provides passenger transport service, is registered in the relevant register of taxi vehicles, and that it and the driver meet other conditions for the provision of transport services according to generally binding legislation. If the person intending to register a Carrier does not agree with the Terms and Conditions or does not meet the requirements of the Terms and Conditions for the Carrier, he/she is not entitled to register or use the LIFTAGO Application and to conclude a contract for transportation through this Application.
By registering in the LIFTAGO Application, the Carrier also declares that it is not bankrupt and that no proceedings are currently pending against it that would prevent, threaten or limit the fulfilment of its obligations in connection with the performance of transport services.
The Company will cancel the Carrier's registration if requested to do so by the Carrier. The Company shall be entitled to cancel the registration at its discretion even without such a request from the Carrier and shall always give the Carrier reasonable notice of cancellation. Cancellation of registration shall not affect contracts of carriage already concluded.
The Carrier acknowledges that the Company will cancel or suspend the Carrier's registration, in particular if the Driver repeatedly fails to respond to transport requests, repeatedly fails to provide the ordered transport or in the event of repeated customer complaints.
Since the driver acts for the Carrier (unless he is the Carrier), it is assumed that if the GTC states "driver", it is the Carrier, unless the provisions imply otherwise.

II. Basic Provisions for Customers

The Terms and Conditions also apply to the relationship between the Company and other persons-customers who have downloaded the customer part of the LIFTAGO Application to their device and have made the necessary customer registration in the System (creation of a personal customer account) enabling these registered customers (hereinafter also referred to as "Registered Customers") to request and order a transport service (conclusion of the relevant transport contract) on their own behalf and on their own account. When registering, the Registrant is obliged to provide true and complete information as required, in particular his/her name and surname, and acknowledges that the registration of the Customer and the subsequent enquiry for transport services and conclusion of the subsequent transport contract is always technologically linked to the specific telephone number provided by the Customer.
By clicking on the "I AGREE" button, the registrant expressly agrees to comply with the provisions of the GTC, the text of which, together with the confirmation of registration, will be sent to him/her immediately by email. If the person intending to make a customer registration does not agree with the Terms and Conditions, he/she is not entitled to use the LIFTAGO Application and to request and order a transport service via this Application.
To a registered customer who is an entrepreneur within the meaning of Section 420 of Act No. 89/2012 Coll, Civil Code, or alternatively a non-business legal entity, is allowed to make a higher level of registration in the LIFTAGO Application and create a special account of a Business Customer (hereinafter also referred to as "Business Customer"), which is allowed to request and select transport services through the LIFTAGO Application, provided that in such case, according to the request and selection of the Business Customer, the transport service with the relevant Carrier for the Business Customer is provided by the Company, which therefore procures the transport service on its behalf on behalf of the Business Customer.
A registered customer creating a separate Business Customer account expressly agrees to comply with the provisions of the GTC by clicking on the "I AGREE" button as part of this process.
By registering in the LIFTAGO Application, the Business Customer declares that it is not bankrupt and that no proceedings are currently pending against it that would prevent, jeopardise or limit the performance of its obligations in connection with the performance of transport services.
The Customer acknowledges that, apart from the costs of using the mobile device and the Internet connection, the use of the LIFTAGO Application for the Customer's personal (internal) use is generally provided free of charge, unless otherwise required by generally binding legislation (e.g. the obligation to charge a surcharge on the fare for ordering via communication devices, including the Internet).
The Company will cancel the registration if requested to do so by the Registered or Business Customer. The Company shall be entitled to cancel the registration at its discretion without such a request from the Customer and shall always give the Customer reasonable notice of cancellation. Cancellation of registration shall not affect any already concluded contracts of carriage. Cancellation of registration without the request of the Registered Customer shall not be discriminatory within the meaning of Section 6 of Act No. 634/1992 on Consumer Protection.
If the term "customer" (hereinafter referred to as "Customer") is used separately in the GTC, the relevant provision applies to Registered Customers as well as Business Customers, unless otherwise stated.
The Customer acknowledges that the System enables the storage of the Customer's payment card data for simplification of payments (secure card vaulting) with the payment service provider, which is Československá obchodní banka, a. s., ID No.: 00001350, with registered office at Prague 5, Radlická 333/150, Postal Code 15057. The company is entitled to change the payment service provider, provided that it is a provider certified at Level 1 of the PCI DSS (Payment Card Industry Data Security Standard). The Company does not store or process any Customer's payment card data itself.
The Customer agrees that the Company will make an authorization transaction in the amount of CZK 1 when registering the Customer's payment card. This authorization transaction is a revenue of the Company.
The Customer agrees that the Company may perform authorization checks of the connected payment cards after they are first connected and when the Customer orders the transport.
In the event that the Customer does not use the Company's services paid for with a registered payment card for a period of 12 months from the time of the last transaction with a registered payment card, the Company shall be entitled to delete the data on the registered payment card. If in the future the Customer wishes to use the payment card, the Customer is obliged to re-register the payment card.
As the Company shall take such steps in the verification and security of payment card transactions as may be reasonably and normally required, the risk of misuse of the card shall always be assumed by the Customer and the service shall be deemed to have been provided to the Customer even in the event of misuse of the payment card by a third party, in which case the Company shall provide the Customer and/or the Bank with assistance in providing information about the relevant transport (including in particular in connection with a claim against a third party).
In order to ensure payment of the price for the service provided, the company is entitled to block the amount corresponding to the pre-agreed price or estimated price immediately after a binding order for the service with payment by credit card, in particular in the case of transport in the taximeter mode.
The Customer acknowledges that the request for the transport service is directed to the driver via the LIFTAGO Application and that the provision of the transport service itself is subject to different terms and conditions of the Carriers (in particular tariffs and cancellation conditions). Irrespective of the Carriers' terms and conditions, the Customer is obliged to behave at all times when using the transport service in such a way that the Company, the Carrier or a third party does not suffer any damage or other harm.
The Customer shall also be liable for damage caused during or in connection with the carriage by the passenger if the carriage is ordered on behalf of the Customer and the passenger's person differs from the Customer's person.
The Customer acknowledges that transport services are not provided by the Company, but always by a third party Carrier and the Company is not responsible or liable for the Carrier's performance of its obligations, in particular for the proper and timely provision of transport services. The Company shall not be liable or responsible for any damage or other injury suffered by the Customer during or in connection with the carriage (or in connection with informing the Customer of any damage to the shipment) and in such cases the Company shall provide the Customer with the assistance of its brokerage or procurement activities in pursuing a claim, in particular as regards contacting the relevant Carrier, in which context the Customer may contact the customer contacts (telephone line and email address) listed on the Company's website within 5 working days.
The customer's request sets either an immediate time for transport or vehicle delivery ("as soon as possible"), which is based on the current availability of vehicles, or sets a specific time and date for vehicle delivery.
In the event that the Customer fails to provide the necessary cooperation for the provision of the ordered transport service (including actively cancelling it before its commencement within the LIFTAGO Application), the Customer shall pay the Company a cancellation fee in the amount of the Company's price list. The cancellation fee is intended to cover a pro rata portion of the agreed price for the performance already commenced.
The Customer is obliged to accept the change of the driver (and therefore also any change of the contracting party of the concluded contract of carriage), which will be communicated to him via the LIFTAGO Application immediately after the cancellation of the carriage by the original driver or when another fact leading to a change of the driver occurs.
Customers can rate the transport service ordered through the LIFTAGO App on a scale of 1 to 5 points. Each new driver has an automatic rating of 4.8 points for the first 25 journeys, followed by a continuous automatic averaging of the last 200 ratings of the respective driver. This overall driver rating is then available to Customers before ordering the transport service, unless it is a so-called pre-order (ordering transport for a later time).

‍

III. Basic common provisions

The Terms and Conditions, in their relevant part, also become part of the mediated contract of carriage concluded between the Carrier and the Registered Customer or the procured contract of carriage concluded between the Carrier and the Company.
Contracts (including the text of the GTC) between the Company and Carriers, between the Company and Customers, as well as contracts between Carriers and Registered Customers mediated by the Company through the LIFTAGO Application are concluded in accordance with the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, (hereinafter referred to as the "Civil Code"). The Company's activities in the operation of the LIFTAGO Application are subject to Regulation (EU) No. 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediary services in relation to Carriers (as entrepreneurs offering their services through the LIFTAGO Application).
In the event of the settlement of any insurance claim in connection with the arranging, procurement or execution of transport, the Company, the Customers and the Carriers are obliged to provide prompt and sufficient assistance at all times.

Part B/ Registered Customer

‍

I. Transport of passengers

The Registered Customer enters into a contract of carriage directly with the Carrier by means of the LIFTAGO Application (using electronic means of remote communication), whereby the price of carriage may be determined in the mode of the taximeter (whereby the Registered Customer will be shown the estimated price based on the rates for carriage with the taximeter preset in the LIFTAGO Application by the driver) or the price negotiated in advance under the conditions of the provisions of Section 21(6) of Act No.111/1994 Coll, on road transport (where the driver is offered the final price of the transport before ordering the transport).
In the event that the Registered Customer orders a transport service with a specific fixed price (pre-agreed price) and the Company subsequently arranges transport at a lower price as part of its brokerage activity, the relevant difference will be charged by the Company as a remuneration for the brokerage of the transport and in such case the Registered Customer will receive two accounting documents for the total price (one from the Carrier for the transport and the other from the Company for the brokerage).
In the event that the Registered Customer orders a transport service with a specific fixed price (pre-agreed price) and the Company subsequently arranges transport at a higher price as part of its brokerage activity, the Registered Customer will receive an accounting receipt from the Carrier for such higher price, but will in fact pay the amount corresponding to the pre-agreed fixed price, with the difference in prices being compensated by an ad hoc promo code issued and provided and will be treated similarly to the provision of a promo code pursuant to Part B/ Art. I. paragraph 10. and Article III. GTC. In this case, the payment of a promotional code to make up the price is also possible for the payment of the pre-agreed fixed price in cash.
Once a proper enquiry has been made in the LIFTAGO Application by a Registered Customer, a notification of this enquiry is sent to usually several available drivers so that they can respond with an offer if necessary. Demand notifications are sent to drivers according to the System's algorithm depending on the parameters of the demand (e.g. the driver's distance from the pick-up point). The Registered Customer acknowledges that no driver may respond to his/her demand and the Company makes no guarantee in this respect. If more than one driver responds by confirming their availability, the parameter determining the order of the offers shall be the time at which each offer was made by the drivers. The offer may be made with a metered price (offers indicating the tariff and estimated final price) or with a pre-agreed price, in which case the Registered Customer, by selecting from the offer, also chooses whether the transport is metered or with a pre-agreed final price under the terms of Section 21(6) of Act No 111/1994 Coll., on Road Transport. By ordering the transport - by confirming a specific offer of the Carrier by the Registered Customer (by clicking on the "ORDER" button), the relevant contract of carriage is concluded between the Registered Customer and the Carrier, whereby the Registered Customer also undertakes to make the relevant payment, the Carrier always being the actual provider of the transport service.
The transport offer with pricing in the taximeter mode includes the possibility to display the tariff of the respective Carrier (boarding fee, price per 1 km of transport and waiting fee), as well as the optimal route set by the System and, depending on the tariff and route, the estimated total price of the transport. The Registered Customer acknowledges that the estimated price is indicative only and may differ from the actual final price according to the taximeter.
The Registered Customer acknowledges that due to the rapidly changing nature of the shipping services segment, the quote is active and available for a maximum of 20 seconds.
After concluding a contract for passenger transport, the registered customer has the possibility to request a change and subsequently unilaterally change the contract in the sense of changing the destination of the journey and/or setting intermediate stops, while such a change must not substantially alter the original or already completed route of the journey (i.e. by more than 50%). The admissibility of such a change as well as the possible new fixed price of the entire transport, if it is a journey with a pre-agreed fixed price, will be generated by the LIFTAGO application according to the parameters of the requested change. By confirming the permissible change by the Registered Customer (by clicking on the "ORDER" button), the original content of the contract is changed and the Registered Customer undertakes to pay on the newly agreed terms.
In the case of an order with a metre price, the Registered Customer acknowledges that the Carrier is obliged to, inter alia. to ensure that the relevant vehicle is visibly and legibly marked with a roof lamp of yellow colour with the inscription TAXI on its front and rear side and the name, or names, surname, business name or name of the Carrier placed on the vehicle, that the taxi vehicle is equipped with a taximeter measuring set meeting the requirements of a special legal regulation, which includes a taximeter, a distance measuring transducer and a printer and a taximeter book, provided that the taximeter must be set to readings and values corresponding to reality and the displayed taximeter data must be legible and visible from the passenger's seat. The driver shall immediately after the completion of the carriage make a record of the carriage as output from the taximeter printer and shall issue to the Registered Customer (passenger), at the request of the Registered Customer (passenger), a proof of carriage made as output from the taximeter printer.
In the case of an order with a pre-determined final price pursuant to the provisions of Section 21(6) of Act No.111/1994 Coll., on Road Transport, the Registered Customer shall be provided with the details of the Company as a taxi intermediary (business name, registered office address and identification number) in accordance with this Act prior to ordering the transport. In addition, the Registered Customer shall also be provided with the details of the relevant Carrier (name, if applicable, and surname, business name or business name, registered office address and identification number), the relevant Taxi Driver (name, if applicable, and surname) and the relevant Taxi Vehicle (registration mark, factory mark and commercial designation) at the latest before the commencement of the transport. Immediately after the completion of the transport, a confirmation of the transport is sent to the Registered Customer at the e-mail address provided by the Registered Customer, which is then available from the relevant driver for the remainder of the day on which the transport was provided.
When ordering transport, the registered customer chooses the method of payment, either in cash or via his/her payment card with the details stored in the registration. If the Registered Customer chooses cash payment, the price is paid directly to the driver. If the Customer chooses payment by credit card or does not choose cash payment, the Company will charge the price of the service and the Registered Customer will not actually pay the Carrier (driver) directly. Alternatively, the transport price may also be paid in whole or in part with Liftago credits for which the Company issues special terms and conditions or promotional codes provided by the Company in the context of a promotion or campaign or permanent program. Unless otherwise provided in the GTC, the use of Liftago Credits and Promo Codes is only possible if the Registered Customer also chooses the method of payment via his/her credit card.
In case the Registered Customer does not request the transport with the execution "as soon as possible" but only for a certain later period (the so-called pre-order), the Company shall inform the Registered Customer before the transport itself is arranged of the specific fixed price (pre-agreed price) or the estimated price in case of arranging the transport with the determination of the price according to the taximeter, while by agreeing on these prices the Registered Customer also grants the Company a power of attorney to conclude the respective contract of carriage with the Carrier.
After ordering transport, the Registered Customer will receive information about the content of the concluded contract via email and/or app.

II. Transport of goods

The Company also allows Registered Customers to use the service of transportation of goods-small consignments through the LIFTAGO Application, whereby the provisions concerning the transportation of goods apply to the transportation of goods in addition to the specific provisions of Part D of these GTC on the transportation of goods, as well as the provisions concerning Registered Customers on the transportation of persons.
If the Registered Customer chooses cash payment when ordering the transport of an item with a pre-agreed price, the price shall be paid directly to the Carrier (driver) by the Registered Customer upon delivery or acceptance of the transported item, depending on whether the Registered Customer is the sender or the recipient of the transported item.
The registered customer agrees that his/her shipment may be transported together with other shipments (shared transport).

III. Other rights and obligations of Registered Customers

The Company shall be entitled, at its sole discretion and decision, to implement promotions or campaigns or permanent programs using promo codes for Registered Customers, which may be redeemed pursuant to the provisions of Part B/ Article I, Paragraph 10 of the GTC for the payment of transportation services provided through the LIFTAGO Application, in accordance with the terms and conditions established by the Company for each such promotion or campaign or permanent program.
Registered customers are entitled to take advantage of the permanent "Share with a Friend" promotional program. In the event that a Registered Customer sends an invitation to the LIFTAGO Application (to another person (an anonymised contact at which such other person can be contacted by the Company), such invited person will receive a promotional code in the amount set by the Company for the relevant period for the first passenger transport booked, upon his/her immediate registration within the LIFTAGO Application, if any. The Registered Customer who has made the invitation will receive a reward in the form of a promotional code in the amount set by the Company for the relevant period after the first passenger transport of the newly registered Invitee has taken place.
Registered Customers are not entitled to the payment of funds corresponding to the value of promotional codes allocated in the context of promotions or campaigns or permanent programs or to the use of these values for any other purpose and may only be used in the context of transport services offered through the LIFTAGO Application.
The Company reserves the right not to allocate promo codes, to deactivate allocated promo codes (even retroactively) and to cancel new customer registrations if there is even a suspicion of abuse or attempted abuse of the "Share with a Friend" program or any other promotion or campaign or permanent program.

Part C/ Business customer - Liftago Business service

I. Specifications of the Business Customer

A business customer is a business entity (or, if applicable, a non-business legal entity) that is allowed to use the Company's services consisting in the procurement of transport services and to use other additional services of the LIFTAGO Application (access to trip statistics and administration) through the LIFTAGO Application.
Only a person authorised to act on behalf of the Business Customer (i.e. a statutory representative, an authorised member of a legal entity or body of a legal entity - the Business Customer, an employee to the extent usual in relation to his/her position or function, an authorised representative; in this case, the Company's sales representative may also be the Business Customer's authorised representative) may create a special account in the LIFTAGO Application. When creating his/her special account in the LIFTAGO Application, the Business Customer shall indicate, among others, his/her administrator, which is the individual managing the special account of the Business Customer (hereinafter referred to as the "Administrator"). The Company accepts communication with the Administrator by all means that can properly ensure the integrity of the data and the identification of the originator of the communication, i.e. in particular by means of settings in the administration interface of the LIFTAGO Application under the Administrator's login details.
The Administrator shall list within the Business Customer's account the individuals who are authorised (in conjunction with their telephone number) to request and order transportation services on behalf of and for the account of the Business Customer (hereinafter referred to as "Authorised Persons"). The Administrator shall set up the profile of the Authorised Person within the Business Customer's account by registering them in the list of Authorised Persons (hereinafter referred to as the "Authorised Persons List") by providing their name, surname, email address in the Business Customer's domain, telephone number and, where applicable, the Business Customer's cost centre (Reference Data). The Business Customer shall ensure, through the Administrator, that the Reference Data is correct and complete. The Company shall not be liable for incorrectly entered Reference Data or for any damage caused by the entry of incorrect or incomplete Reference Data. The Business Customer is responsible for maintaining the Authorised Persons List and the Company shall be entitled to revise the Authorised Persons List with the cooperation of the Business Customer. The Company shall not be liable for any incorrectly out-of-date Reference Data or for any damage caused by late updating of Reference Data.
The Business Customer acknowledges that an Authorised Person may order transport for a third party on behalf of the Business Customer, whereby the Business Customer shall be obliged and responsible for ordering and using the services of the Carriers ordered through the LIFTAGO Application by the Authorised Persons at the time when the relevant Authorised Person was listed on the List of Authorised Persons regardless, whether the ordering and use of the service was authorised between the Business Customer and the Authorised Person, even if the ordering and use of the service was made through the Authorised Person's profile within the Business Customer's account using fraudulent or otherwise unauthorised activity by the Authorised Person. Business Customer shall promptly notify Company of any identified fraudulent or otherwise unauthorised activity by an Authorised Person that occurred through the Authorised Person's Business Profile.
The Business Customer acknowledges that an Authorised Person may start requesting and ordering services through the LIFTAGO Application on the Business Customer's account only if he/she becomes a Registered Customer with the phone number under which the Administrator identifies him/her in the List of Authorised Persons. As a result of the automatic linking of the registration of the Authorised Person (as a Registered Customer) with his/her inclusion in the List of Authorised Persons, the Authorised Person has the possibility to request and order transportation on behalf of the Business Customer and on behalf of the Registered Customer.
The Administrator is entitled to remove a person from the List of Authorised Persons, and at the moment of removal of the relevant person from the List of Authorised Persons, the personal profile of such Authorised Person within the Business Customer Account is deactivated and his/her entitlement to use transport services via the LIFTAGO Application on the Business Customer Account ceases. The removal of a person from the Authorised Persons List does not affect the ability of such person to use his/her personal registration as a Registered Customer.
The administrator is given access to monthly structured electronic reports of the transport with the identification of the Authorised Person, information about the journey (date time, boarding and departure point), the price of the transport and the tip provided by the Authorised Person (passenger) using the password specified in the administrator profile. The Business Customer undertakes to keep the Administrator's access rights to the System confidential, to allow access to the System only to the Administrator and to update all information relating to the Business Customer and the person of the Administrator in the System and to ensure its timeliness, accuracy and completeness. The Business Customer is responsible for all activities carried out in the System using the Administrator's login credentials.

II. Transport of passengers

On the basis of a request and order from the Business Customer (Authorised Person), the Company procures the transport service in its own name and on behalf of the Business Customer, who thus concludes a contract of carriage with the relevant Carrier on its own behalf. The contract of carriage is concluded by means of the LIFTAGO Application (using electronic means of remote communication), whereby the price of carriage may be determined in the metre mode (whereby the estimated price based on the rates for carriage with a metre preset in the LIFTAGO Application by the driver is displayed to the Business Customer in advance anyway within the offer of the carriage service) or the price negotiated in advance under the terms of the provisions of Section 21(6) of Act No. 111/1994 Coll, on road transport (where the driver is offered the final price of the transport before ordering the transport).
Once a proper enquiry has been made in the LIFTAGO App by a Business Customer, a notification of this enquiry is usually sent to several available drivers so that they can respond with an offer. Demand notifications are sent to drivers according to the System's algorithm depending on the parameters of the demand (e.g. the driver's distance from the pick-up point). The Business Customer acknowledges that no driver may respond to his demand and the Company makes no guarantee in this respect. In the event that the driver responds to the request by confirming his/her availability and his/her offer, it may be an offer with a taxi metre price (offers with a tariff and estimated final price) and a pre-agreed price, in which case the Business Customer, by selecting from the offer, also chooses whether the transport is a taxi metre or a pre-agreed final price under the terms of the provisions of Section 21(6) of Act No. 111/1994 Coll., on Road Transport. The selection (confirmation) of a specific offer by the Company's customer results in the ordering of the transport and therefore the relevant incentive to conclude a contract between the Company and the Carrier.
The transport offer with pricing in the taximeter mode includes the possibility to display the tariff of the respective Carrier (boarding fee, price per 1 km of transport and waiting fee), as well as the optimal route set by the System and, depending on the tariff and route, the estimated total price of the transport. The Business Customer acknowledges that the estimated price is indicative only and may differ from the actual final price according to the taximeter.
The Business Customer acknowledges that due to the fast-changing nature of the transportation services segment, the quote is active and available for a maximum of 20 seconds.
After concluding a contract for passenger transport, the Business Customer has the possibility to request a change to the contract in the sense of changing the destination of the journey and/or setting intermediate stops, while such a change must not significantly change the original or already completed route of the journey (i.e. by more than 50%) at the time of the request. The admissibility of such a change as well as the possible new fixed price of the entire transport, if it is a journey with a pre-agreed fixed price, will be generated by the LIFTAGO application according to the parameters of the requested change. Confirmation of the permissible change by the Company's Customer results in the ordering of the transport with new conditions and thus in a relevant initiative for the Company, which is entitled to unilaterally change the contract of carriage with the Carrier following such an order.
In the case of transport with a metre price, the Business Customer acknowledges that the Carrier is obliged to, inter alia. to ensure that the vehicle in question is visibly and legibly marked with a yellow roof lamp with the word TAXI on its front and rear side and the name, or names, surname, business name or name of the Carrier placed on the vehicle, that the taxi vehicle is equipped with a taximeter measuring set meeting the requirements of a special legal regulation, which includes a taximeter, a distance measuring transducer and a printer and a taximeter book, provided that the taximeter must be set to readings and values corresponding to reality and the displayed taximeter data must be legible and visible from the passenger's seat. The driver shall immediately after the completion of the transport take a record of the transport as an output from the printer of the taximeter and shall issue to the Business Customer (passenger), at the request of the latter, a document of the transport taken as an output from the printer of the taximeter.
In the case of transport with a predetermined final price in accordance with the provisions of Section 21(6) of Act No. 111/1994 Coll, on road transport, the Business Customer acknowledges that the Company (as the customer of the transport) is informed, in addition to the amount of the final price, by the Carrier, in accordance with this Act, before the commencement of the transport, of the details of the relevant Carrier (name, if applicable, and surname, business name or name, registered office address and identification number), the relevant taxi driver (name, where applicable, names and surnames) and the relevant Taxi Vehicle (registration number, make and registration mark), whereby immediately after the completion of the carriage a confirmation of carriage is sent to the Company's e-mail address and is then available from the relevant Taxi Driver for the remainder of the day on which the carriage was provided. Following the communication of the data from the Carrier, the above data and the data of the Company (company name, registered office address and identification number) as the taxi service provider are also communicated to the Business Customer before the commencement of the transport. The Business Customer will also receive a confirmation of the transport immediately after the transport has been completed to the e-mail address provided by the Business Customer.
The Business Customer pays the price for the passenger transport in the amount corresponding to the price of the transport itself (plus VAT), in aggregate only on the basis of tax documents issued by the Company for the agreed period (usually one calendar month). The tax documents are generally delivered electronically. If the Business Customer stores the details of his/her payment card as part of the registration or establishment of a special Business Customer account, either by himself/herself or at the Company's request, the price of each partial transport and the VAT surcharge are paid automatically by the card when the tax invoice is issued, and the card payments are subsequently accounted for as advances in the tax invoices. The Company shall only be entitled to require payments from the Business Customer by credit card for such period as it may decide.
The Business Customer acknowledges that in the case of a taxi priced transport, the passenger has the legal right to request a proof of carriage from the driver, whereas, as the proof of carriage is an accounting document necessary for the accounting purposes of the Company ordering the transport, the Business Customer undertakes not to request a proof of carriage in such a case, or to ensure that no person of the passenger requests it in the case of a transport primarily ordered from the Business Customer's account.
If the passenger (the person actually consuming the transport service) according to point C.I.4. of these GTC is a third party, in such case the order can be made at the expense of the Business Customer or at the expense of such a third party, who will then pay the price of the transport in cash immediately after the provision of the transport service.

III. Transport of goods

The Company allows Business Customers to use the LIFTAGO Application to use the service of transportation of goods-small consignments, whereby the provisions concerning the transportation of goods apply to the transportation of goods in addition to the specific provisions of Part D of these GTC on the transportation of goods, as well as the provisions concerning the transportation of persons for Business Customers.
Unless otherwise agreed, the Business Customer shall pay the price for the transport of the item according to the current price list issued by the Company, in aggregate only on the basis of tax documents issued by the Company for the agreed period (usually one calendar month). Tax documents are usually delivered electronically. If the Business Customer stores the details of his/her payment card as part of the registration or establishment of a special Business Customer account, either by himself/herself or at the request of the Company, the price of each partial transport and the VAT surcharge on the issue of the tax invoice are paid automatically by this card, and the card payments are subsequently accounted for as advances in the tax invoices.
In view of the variable fuel prices, the Company is entitled to unilaterally increase the price for the transport of goods according to the current price list by a fuel surcharge, the rules for the application of the fuel surcharge are set out in the appendix to the price list.
The Business Customer is entitled to order transport with the requirement to pay the price of the shipment itself (the price of the goods) upon delivery in the form of a cashless transaction (by credit card), the so-called "cash on delivery", in which case the shipment is issued to the recipient of the shipment only after payment of the relevant cash on delivery amount.
The business customer agrees that his shipment will be transported together with other shipments (shared transport), unless otherwise agreed.

IV. Other financial arrangements

The Company issues tax invoices with a due date of 14 days from the date of delivery to the Business Customer, whereby the invoice is paid by crediting funds to the Company's account.
The Company is entitled to issue invoices in electronic form (in PDF/A format). Invoices are sent by e-mail to the Administrator and also to the e-mail address specified for the purpose of sending tax documents ("Billing e-mail of the Business Customer") by the Business Customer within the registration in the System. Sending the invoice to the Business Customer's data box as a recipient is also an acceptable method. The invoice shall be accompanied by an electronic structured overview of trips made with the identification of the Authorised Person who made the trip, information about the trip made (from where, to where, when), the amount of the fare and the tip entered. The attachment is available to the Administrator in the System no later than on the day the invoice is issued.
The price for the procurement of individual transport services is invoiced by the Company in such a way that the price of the transport service from the Carrier is increased by VAT on the Company's side.
Upon the request of the System Administrator, the Company approves the Business Customer's credit limit, i.e. the total maximum aggregate fare amount ("Limit") that the Business Customer is entitled to draw down before repaying the relevant invoice. The Administrator shall be notified by email when the Limit is about to be or is currently exhausted. The Company shall be entitled to allocate, change or cancel the Limit at its discretion and, at its discretion (in particular if the Limit is exhausted, if the Business Customer is in default of its financial obligation to the Company or if a higher volume of transport orders is expected from the Business Customer), to determine the amount of the so-called subscription fee for the Business Customer, for which it shall subsequently issue an advance invoice. The amount of the subscription thus paid, less the amount of any other payable by the Business Customer to the Company, shall be the credit balance for the use of further services.
In case the Business Customer orders transport with a requirement to pay the price of the shipment itself (price of goods) upon delivery by means of a cashless transaction (by credit card), the collected cash on delivery amounts will be sent to the Business Customer's account within a maximum of 2 working days from the date of crediting the collected cash on delivery amount to the Company's account.
If the Business Customer is more than 30 days in arrears with a monetary debt owed to the Company, and if there has been no automatic payment by credit card charged as a deposit in the monthly billing, the Company is entitled to settle its claim against the Business Customer by payment by means of the Business Customer's credit card, the details of which are stored in the registration or special account of the Business Customer in the System (in the Company Profile).

Part D/ Special provisions for the carriage of goods(small consignments)

I. Specification of transported items

The subject of transportation arranged through the LIFTAGO Application may also be items-small shipments (here in after also referred to as "shipments"), including packaged food and meals.
Pre-packaged food (hereinafter also referred to as 'food') means a separate sales unit in a commercially unaltered state intended for the final consumer or catering establishment, consisting of the food and the packaging into which the food has been placed before being put on sale, whether the food is completely or only partially enclosed in the packaging, but in any case in such a way that the contents cannot be altered without opening or replacing the packaging. For the purposes of the GTC, packaged food is also considered to be food packaged only for the purpose of direct sale to the consignee-consumer.
Food means food (including drink) cooked cold or hot or treated in such a way that it can be served for consumption directly or after heating in a food service.
The following shipments (also referred to as "excluded shipments") cannot be transported:

- combustibles,

- perishable biological substances where they cause a significantodour nuisance to their surroundings and/or visibly penetrate the packaging ofthe consignment,

- live animals if they require a special permit or special knowledgeor skills to be transported, or if they are not transported in a designated andundamaged container, or if they cause a nuisance to their surroundings bysmell,

- easily breakable objects unless they are stored in appropriatepackaging,

- items whose ownership or possession is prohibited by law,

- objects the transport or any other disposition of which is subjectto the legislation on dangerous substances or other restrictive regulations orthe transport or any other disposition of which may otherwise be dangerous tothe driver, in particular loaded weapons, dangerous chemicals and chemicalpreparations, radioactive substances, poisons, corrosives, explosives,explosive substances, ammunition, narcotic and psychotropic substances,pressure vessels, compressed or liquefied gases and other similar objects,

- Objects which, by their properties, may cause damage to health orproperty or otherwise endanger the proper provision of transport services,

- items which are not adequately protected or packaged, inparticular taking into account the weight of the item or its other nature,

- consignments which do not bear the mandatory information or whichmay be missing other necessary documents or information,

- Shipments weighing more than 15 kg or exceeding 55 × 45 × 25(length x width x height), unless otherwise agreed with the Business Customer

- counterfeits or items infringing intellectual property rights;

- other items that are unsuitable for the subject shipment;

- items still subject to customs duty at the time of shipment,

- Czech and foreign banknotes exceeding the total amount of CZK 5,000, cheques, bills of exchange and other securities, antiques, objects of special interest, objects of irreplaceable nature, items of value exceeding CZK 50,000, precious metals, minerals and art objects, unless otherwise agreed.

II. Partial rights and obligations of the parties in the carriage of goods

The carrier acknowledges that in the case of transport of packaged food and meals, it is in the position of a food business operator and a food business operator operating a catering service and as such is obliged to notify the State Agricultural and Food Inspectorate and the Regional Hygiene Station of the commencement, change or termination of its activities and in this context to comply with the obligations associated with the transport of food and meals, including in particular compliance with the hygiene requirements for the transport of packaged food, non-interruption of the so-called "transport of food and meals". This includes the following: complying with the cold chain requirements for food that cannot be stored safely at ambient temperature, having information on possible allergens available (if the information on possible allergens is not indicated on the packaging of the food or dish), and keeping hot food at a temperature of at least +60 degrees C.
If the driver does not come into direct contact with food or foodstuffs, he is not obliged to have a medical certificate and the knowledge necessary to protect public health, and in this context, as well as to maintain the appropriate sensory characteristics of food and foodstuffs, the Customer is obliged to hand over these shipments for transport properly packaged.
The Customer undertakes to hand over the consignments for transport properly packed with regard to the prevention of any damage or other harm during or in connection with the transport, in particular to protect the consignment itself against loss or damage, to prevent damage to other consignments or to the means of transport, to prevent damage to the driver's health, to prevent unpleasant sensory perceptions and to prevent the contents of the consignment from being entered without leaving obvious traces. The external and internal packaging of the consignment and its contents must be appropriate to the nature and weight of the object or objects constituting the contents of the consignment, the manner and duration of the movement of the consignment and the manner in which the consignment will be handled. The packaging of the consignment must be sufficiently strong to protect the contents effectively against possible damage due to contact with other objects (friction, pressure and impact) and against damage to the contents due to climatic influences. The articles constituting the contents of the consignment must be secured in the consignment in such a way that they cannot be damaged by friction, pressure and impact between them and the packaging or between each other. Neither the Company nor the Carrier is obliged to check the manner of packing of the consignment.
The customer is obliged to provide the shipment with his/her full address and the full address of the addressee of the shipment (including the exact floor and door number or other specification of the destination premises) and the telephone contact of the addressee of the shipment. In the case of a Business Customer, the consignment must also bear the name of the authorised person (see Part D, Article I of the GTC). The relevant data must be indicated on the consignment by such means that it cannot be erased, altered or rendered illegible (e.g. by means of a printed label).
The customer is obliged to inform the driver of the contents of the shipment, if appropriate with regard to the nature of the item being transported.
The customer is obliged to be present at the place of dispatch and to have the shipment ready at the agreed time, as well as to take back any undeliverable shipment.
The delivery of the consignment by the Carrier is fulfilled by handing over the consignment to the addressee or other relevant person at the place of destination (consignee). The obligation of the Carrier to deliver the consignment is also fulfilled by handing over the consignment to another person subsequently designated by the Customer.
If the addressee (or the recipient) refuses to accept the shipment or the shipment is undeliverable for other reasons (e.g. due to an inaccurate or non-existent address, absence of the addressee or any other person to whom the shipment could be handed over in accordance with the GTC), the shipment becomes undeliverable and the Carrier is obliged to inform the Customer thereof in advance. In such case, the Carrier is obliged to return the consignment to the Customer, whereby the return of the consignment is additionally charged similarly to the delivery of the consignment.
The carrier is entitled to open the shipment if:

a) the Carrier or the Company reasonably suspects that the shipmentis an excluded shipment,

b) the shipment was damaged,

c) the Carrier or the Company has a reasonable suspicion that damagehas occurred or may occur in connection with the shipment or that damage mayoccur by the time the shipment is delivered, or if it is necessary to complywith an obligation imposed on the Carrier by a special legal regulation.

The Carrier is obliged to inform the addressee (or recipient) of the opening of the shipment upon delivery, or the Customer upon return of the shipment. The opening of a shipment does not include the repair of its packaging, during which the original packaging is substantially preserved.
The provisions of Sections 1798 to 1800 of the Civil Code shall not apply to the relationship between the Company and the Business Customer in connection with the transportation of shipments.
The Customer acknowledges that in the case of transport of packaged food and meals, the Company does not insure the shipments in any way. In the case of shipments other than packaged food and meals, the shipments are insured for a value of CZK 50,000.

Part E/ Carrier

I. Transport of passengers

The Carrier concludes contracts for the carriage of passengers by means of the LIFTAGO Application (using electronic means of remote communication), whereby the price of the carriage may be determined in the mode of the taximeter (whereby the inquiring Customer will be shown the estimated price based on the rates for carriage with the taximeter preset in the LIFTAGO Application by the driver) or the price negotiated in advance under the conditions of the provisions of Section 21(6) of Act No.111/1994 Coll, on road transport (where the driver is offered the final price of the transport before ordering the transport).
Once a proper transport request has been made in the LIFTAGO App, a notification of this request is usually sent to several available drivers so that they can respond with an offer if necessary. Demand notifications are sent to drivers according to the System's algorithm depending on the parameters of the demand (e.g. the driver's distance from the pick-up point). The driver responds to the demand by confirming his availability and by his offer, which, in addition to the offer of transport with pricing in the taximeter mode (with an estimate of the final price), may also include an offer of a pre-agreed price, in which case the Customer, by ordering the transport, also chooses whether it is a transport in the taximeter mode or with a pre-agreed final price under the conditions of the provisions of Section 21(6) of Act No. 111/1994 Coll., on Road Transport. Once the driver receives confirmation of acceptance of his offer via the LIFTAGO Application, he is obliged to provide the transport service under the agreed conditions. The Driver acknowledges that his/her offer may not be responded to and the Company makes no guarantee to this effect.
The transport offer with pricing in the taximeter mode includes the possibility to display the Carrier's tariff (boarding rate, price per 1 km of transport and waiting fee), as well as the optimal route set by the System and, depending on the tariff and route, the estimated total price of the transport, which may differ from the actual final price according to the taximeter.
The Carrier acknowledges that due to the rapidly changing nature of the transport services segment, its quotation is active and available for a maximum of 20 seconds.
In case of an order with a price in the metre mode, the Carrier is obliged, among others, to. ensure that the vehicle concerned is visibly and legibly marked with a yellow roof lamp with the inscription TAXI on its front and rear side and the name, or names, surname, business name or name of the Carrier placed on the vehicle, that the taxi vehicle is equipped with a taximeter measuring set meeting the requirements of a special legal regulation, which includes a taximeter, a distance measuring transducer and a printer and a taximeter book, provided that the taximeter must be set to readings and values corresponding to reality and the displayed taximeter data must be legible and visible from the passenger's seat. The driver shall immediately after the end of the journey make a record of the journey as an output from the taximeter printer and shall, at the request of the passenger, issue the passenger with a proof of the journey made as an output from the taximeter printer. If the passenger does not request the transport document, the Carrier shall keep the original document for its records. The Carrier (driver) is obliged to transfer the information from the transport document to the LIFTAGO Application after each journey, in particular the number of the transport document and the total fare as measured by the taximeter. Based on the information entered by the Carrier (driver) into the LIFTAGO Application, the Company is entitled to issue a tax document for the transport performed on behalf of the Carrier and to use such tax document for its own use as well as for distribution to the Customer. The Company shall always send at least once a month to the Driver's email address specified in the registration in the LIFTAGO Application a summary of all tax documents issued by the Company on behalf of the relevant Carrier.
When ordering the transport, the Carrier receives informationwhether the Customer (passenger) will pay the price of the transport in cash.In case of cash payment, the driver is paid immediately after the provision ofthe transport service. If the carriage is not a cash payment, the Carrier shallprovide the Company with the assistance required by the Company for the purposeof payment by card or other settlement of the price between the Company and theCustomer.
The Carrier acknowledges and agrees that the Customers have thepossibility to request a change of the contract in the sense of changing thedestination of the journey and/or setting intermediate stops after theconclusion of the contract for the carriage of passengers, provided that such achange must not substantially alter the original or already completed route ofthe journey (i.e. by more than 50%). The admissibility of such a change as wellas the possible new fixed price of the entire transport, if it is a journeywith a pre-agreed fixed price, will be generated by the LIFTAGO applicationaccording to the parameters of the requested change, whereupon the RegisteredCustomer or the Company (in the case of transport of a Business Customer) is thenentitled to make the relevant unilateral change to the transport contract.
A carrier offering transport of children with a height of up to150 cm and a weight of up to 36 kg is obliged to ensure that the vehicle always has seat belts and at least one child car seat that meets the requirements of the relevant legislation with the possibility of adjusting them according to the parameters (weight and height) of the child being transported, and that the child car seat and the person being transported are always positioned and secured according to the conditions specified by the manufacturer of the child car seat in the instructions for use of the child car seat. If the Customer's request also specifies the number and parameters of children weighing up to 36kg and up to 150 cm in height, only the driver who is equipped with the appropriate child car seat(s) in the vehicle in question may respond.

II. Transport of goods

The Company allows Carriers to conclude contracts for the carriage of goods-small consignments through the LIFTAGO Application, whereby the provisions concerning Carriers for the carriage of goods apply to the carriage of goods in addition to the special provisions of Part D of these GTC on the carriage of goods.
If the Registered Customer chooses cash payment when ordering the transport of an item with a pre-agreed price, the price shall be paid directly to the Carrier (driver) by the Registered Customer upon delivery or acceptance of the transported item, depending on whether the Registered Customer is the sender or the recipient of the transported item.
In the case when the transport of goods is ordered by the Business Customer with the requirement to pay the price of the consignment itself (price of the goods) upon delivery, so called "cash on delivery", the Carrier shall deliver the consignment to the consignee only after the payment of the relevant cash on delivery amount. In the case of a cash on delivery request, the Carrier is obliged to accept the cash on delivery amount in cash and to have its reasonable petty cash available for this purpose, and it is obliged to do so even if for technical reasons it is not possible to pay the cash on delivery by card using the driver's mobile application.
In the above cases of receipt of payment in cash (receipt of a credit amount), the Carrier is obliged to pay the relevant amount within 1 working day or deposit it into the Company's account under the variable symbol corresponding to the journey identification number in the System or pay the Company via Sazka's cash terminal. In the event of delay of the Carrier in transferring or depositing the cash on delivery amount to the Company's account or payment via the Sazka terminal, the Carrier shall be obliged to pay the Company a contractual penalty of CZK 100 for each day of delay. In the event of such delay, the Company is also entitled to suspend or terminate the availability of the LIFTAGO Application for the Carrier.
The Company shall be entitled to offset cash on delivery amounts collected by the Carrier but not paid to the Company against the price of carriage to be paid by the Company to the Carrier. In the event of the impossibility of such credit, the Company shall reasonably call upon the Carrier to pay the amount due, the Carrier also acknowledging that arbitrary handling of the funds entrusted to it may lead to criminal liability.
If the Carrier uses the driver's mobile application (terminal) used to collect cash on delivery for a purpose other than cash on delivery, the Company is entitled to charge a transaction fee associated with the forwarding of the amount so collected to the Carrier in the amount of CZK 100 for each transaction. The Company may offset the transaction fee against the amount to be forwarded to the Carrier.
The carrier shall be liable for damage to the goods transported, and in the case of transport of packaged food and meals, the damage shall also include deterioration of the consignment due to late delivery or failure to comply with the rules relating to the required temperatures during transport.

III. Other financial arrangements

The Carrier is obliged to pay the Company a transaction fee for its registration within the LIFTAGO Application, namely in the form of a commission (plus VAT) on the price of transport services provided on the basis of the contract concluded between the Carrier and the Customer or the Carrier and the Company via the LIFTAGO Application (hereinafter referred to as the "Commission"). The Carrier is therefore obliged to pay the Commission in the case of mediation of the conclusion of a contract between the Carrier and the Customer as well as in the case of conclusion of a contract between the Carrier and the Company, where the Company arranges the transport service for the Customer on its own behalf.
Tips received by the driver from the passenger are not included in the price of transport services for the calculation of the commission.
In the event that the driver fails to provide the necessary cooperation for the provision of the ordered transport service (including actively cancelling it before its commencement within the LIFTAGO Application), the Carrier shall pay the Company a contractual penalty (cancellation fee) in the amount according to the Company's price list.
In the event that, as a result of a breach of the Carrier's obligation under Part A/ Article I, Paragraph 2. of the GTC, the Company shall be entitled to claim such damages against the Carrier's claim for payment of the aggregate price of carriage at the earliest subsequent date of payment of the aggregate price of carriage after discovery of the aforementioned damages.
The amount of commission and fees charged by the Company to Carriers is set out in the Company's price list available as amended at: https://www.liftago.cz/podpora/pro-ridice/podminky-spoluprace/vyse-poplatku-a-tarifu/. The amount of contractual penalties charged by the Company to Carriers is set out in the Company's price list available in the current version at: https://www.liftago.cz/podpora/pro-ridice/podminky-spoluprace/obecna-pravidla/.
The Carrier acknowledges that if the carriage is ordered by the Registered Customer at a fixed price agreed in advance and subsequently the carriage is arranged by the Company and executed by the Carrier at a different price (especially for pre-orders or shared carriage of goods), the positive difference will be accounted for as the Company's remuneration for arranging the carriage (commission charged to the Customer; in this case, the customer will receive two receipts for the total price - one from the Carrier for the carriage and one from the Company for the brokerage). If the Registered Customer orders carriage at a fixed price lower than the Carrier's price, such negative difference will be compensated to the Carrier by the Registered Customer by a promotional code issued by the Company for this purpose on an ad hoc basis.
The Company shall pay for each calendar week on the Thursday of the following week to the Carrier's account an amount corresponding to the aggregate price of the carriage after deduction of the price of carriage paid in cash directly to the driver, while the Company is entitled to add to the amount so calculated its commission (transaction fee) according to the Company's price list and, if applicable, the commission charged to the Customer and collected by the Carrier (or, on the contrary, to add an amount intended to compensate for the price of carriage according to ad hoc promo codes issued). In the event that Thursday of the following week falls on a public holiday of the Czech Republic, the Company shall make payment on the next following working day. The Company reserves the right to extend the payment period if necessary.
The Company issues tax invoices with a due date of 14 days from the date of delivery to the Carrier, whereby the invoice is paid by crediting funds to the Company's account.
The Company shall be entitled to issue invoices in electronic form (in PDF/A format). Invoices shall be sent to the Carrier by e-mail to the e-mail address entered for the purpose of sending tax documents ("Carrier's Billing email") by the Carrier in the course of registration in the System. The invoice shall be accompanied by an electronic summary of the shipments and their prices (and the entered tip) and shipments paid in cash directly to the driver.

IV. Other rights and obligations of Carriers

The Carrier acknowledges that the transport service is in fact provided to the Customer and the Company is not liable or responsible for the Customer's actions during transport or for the inaction (lack of contact) of the addressee of the consignment during the transport of the goods or for any damage or other harm incurred by the Carrier during or in connection with the transport.
The Carrier is obliged to offer and provide transport services always in accordance with the relevant legal regulations so that the Company, the Customer (passenger) or a third party does not incur any damage or other harm and to take reasonable measures to prevent and minimise (including in particular arranging liability insurance) any damage or other harm. If the Company is awarded a public law penalty for breach of duty based primarily on a breach of the Carrier's duty (in particular the provision of a taxi service without a relevant licence or the provision of a taxi service by a vehicle other than a taxi vehicle or by a driver without a taxi driver's licence), the Carrier shall also compensate the Company for damages in the amount of such penalty.
In the event that the Carrier violates its obligation to be the holder of the relevant concession when providing passenger transport, or to carry out the transport with a taxi vehicle (registered in the register of taxi vehicles and marked with a registration sticker of a taxi vehicle), or to carry out the transport with a driver with a taxi driver's licence, the Carrier shall pay the Company a contractual penalty of CZK 500,000 for each individual case of violation of the obligation. The Company is entitled to reduce the amount of the contractual penalty according to the severity of the breach of duty.
The carrier (driver) is not entitled to act on behalf of the Company and use the sign "Liftago" or any sign interchangeable with it without the express consent of the Company and is obliged to act in such a way that the brand and reputation of the Company is not affected.
If the driver is currently logged in the LIFTAGO App (has the app activated), he/she is obliged to always have the status of his/her vehicle switched on (i.e. free or occupied).
In the event that the Carrier fails to provide the ordered transport service (including by actively cancelling it prior to its commencement within the LIFTAGO Application) or breaches other obligations under the concluded contract of carriage (from a contract mediated or procured by the Company), the Carrier shall pay a contractual penalty to the Company in the amount of the Company's price list.
The driver is obliged to respond with his offer to at least 60% of the requests for passenger transport sent in a calendar month, failing which he shall pay the Company a contractual penalty in the amount of the Company's price list.
The Carrier is obliged to purchase the LIFTAGO marking for the vehicle registered in the System and is obliged to mark the vehicle with the activated LIFTAGO Application with such marking for the entire period of the activated LIFTAGO Application. For more information on the rules for the use of the LIFTAGO marking, please visit: https://www.liftago.cz/podpora/pro-ridice/podminky-spoluprace/povinne-oznaceni/.

Part F/ Additional Terms of Use of the LIFTAGO Application

Customers and Carriers are obliged to provide information and data that is true (correct), accurate and up-to-date in relation to the Company and each other and not to impersonate another person. The relevant data can be updated or corrected via the LIFTAGO Application.
Customers and Carriers acknowledge that incompleteness, incorrectness or inaccuracy of the data entered into the System during or in connection with registration results in the non-functionality of the Service or the inability to use and offer services through the LIFTAGO Application.
Customers and Carriers undertake to provide the Company, upon its request, with proof of the accuracy (truthfulness) of the data provided during registration.
Carriers and Customers are entitled to use the LIFTAGO Application and related software and other related intellectual property rights only in connection with registration, offering transportation services, requesting and ordering transportation services, and entering into related contracts, and are not entitled to any other use or other disposition of these intellectual property rights.
Customers and Carriers undertake not to use the LIFTAGO Application themselves or through a third party in any way for any illegal or unethical purpose, in particular in a way that disrupts, damages, overloads or limits the System or impairs its performance, or that circumvents the purpose for which the System is intended. Customers and Carriers undertake not to themselves or through any third party to interfere in any way with or unduly burden the operation of the System or the normal operation of the network, and not to use the System in any manner that affects the legitimate interests of the Company or any third party.
Customers and Carriers agree not to circumvent or modify the security measures of the LIFTAGO Application, or upload files that contain viruses, Trojan horses or other malicious programs, or access or attempt to access the accounts of other Customers or Carriers, or disrupt or attempt to disrupt any security measures themselves or through a third party.
In the event that the Carrier or the Customer receives an identification code, password or any other similar data in the course of using the System, the Carrier or the Customer shall treat such data as confidential and shall not provide it to any third party or allow any third party access to such data. Carriers and Customers are responsible for all activities conducted through their account on the System, are required to log out after each use of their account, and agree to notify the Company immediately of any unauthorised use of the account or other breach of security. The Company shall be entitled to deactivate any user identification code or password of the Carrier or Customer.
The Company is not obliged to ensure the continuous availability of the System. The Company is not responsible for the accuracy, truthfulness and completeness of data stored in the System unless it has uploaded such data to the System itself, nor for the timeliness of transmission of such data.
The Company reserves the right to modify or change the LIFTAGO Application, as well as to interrupt or terminate the availability of the LIFTAGO Application, at any time, with or without notice. The Company may also do so only with respect to individual Customers, Carriers or drivers.

Part G/ Processing of personal data

The Company, as the controller, processes the personal data ofCustomer-individuals and Carrier-individuals, as well as persons representingCustomers or Carriers and passengers (hereinafter also referred to as"data subjects"), and in this context provides (in accordance with the provisions of Articles 13 and 14 of Regulation 2016/679 of the EuropeanParliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data)information to data subjects, which is located at: https://www.liftago.cz/zasady-ochrany-osobnich-udaju/.
Carriers acknowledge that in relation to the personal data of Customers (and persons representing Customers and passengers), which they obtain from the Company, they are independent personal data controllers and as such are obliged to comply with their obligations under the above-mentioned Regulation of the European Parliament and the Council and under Act No. 110/2019 Coll., on the processing of personal data.

‍

Part H/ Additional and final provisions

The Complaints Procedure and the Notice to Consumers are annexed to the GTC.
The Terms and Conditions (including the Complaints Policy and the Consumer Notice) are written in Czech and English, and the LIFTAGO Application can be used to order shipping services in these languages. In the event of a conflict between the different language versions of the GTC, the Czech language version shall always prevail.
In the event that any part of the GTC is invalid and can be separated from the rest of the content, the other parts of the GTC remain valid.
Contracts of carriage brokered and procured through the LIFTAGO Application are stored with the Company and the relevant Customer and Carrier are given access to their contracts.
The Company is entitled to transfer its rights and obligations under the registration of the Customer and the Carrier as well as under the contract of carriage concluded with the Carrier to another person.
The Company shall be entitled to unilaterally change the terms and conditions, and in accordance with Regulation (EU) No 2019/1150 of the European Parliament and of the Council, it shall publish such changes or the new version of the GTC on its website at least 15 days in advance and inform the affected Customers and the Carrier about it in the System or in another way. Affected Customers and Carriers shall, by their continued use of the LIFTAGO Application following the amendment to the GTC, confirm their acceptance of such amendment. The change of the GTC shall not affect the already concluded contracts of carriage.
Any disputes arising between the parties in connection with the ordering and provision of transport services shall always be resolved primarily by mutual agreement and otherwise by the competent courts of the Czech Republic. The registered customer acknowledges that if he/she is a consumer within the meaning of Section 419 of the Civil Code, he/she has the right to turn to the Czech Trade Inspection (www.coi.cz) for the purpose of out-of-court settlement of a consumer dispute pursuant to Act No. 634/1992 Coll., on Consumer Protection.
Disputes between the Company and the Business Customer shall be resolved in the court of competent jurisdiction of the Company's registered office.
The Terms and Conditions are effective from 15 April 2023 and supersede the previous version of the Terms and Conditions effective from 1 November 2022. The Terms and Conditions are available at the Company's registered office and on the Company's website at www.liftago.cz.

‍

In case of conflict, the Czech language version of the GTC applies.

Date of publication of GTC: 31. 3. 2023

Ondřej Krátký
Managing Director Liftago CZ, s.r.o.