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,

Website: www.liftago.cz

email: [email protected],

Mailbox ID: kc8nuy7 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 as the "Company") is the authorized operator of the LIFTAGO platform including the web and mobile application and the Company's website (hereinafter also referred to as the "System") and in this context the Company mediates the conclusion of contracts for the transport of persons (taxi services) or goods on the roads in the Czech Republic or arranges such transport of persons or goods in the Czech Republic. The Company is a provider of an online marketplace within the meaning of Section 2(2) of Act No. 634/1992 Coll., on Consumer Protection, and a provider of online intermediary services pursuant to EU Regulation 2019/1150, on promoting fairness and transparency for business users of online intermediary services, and these General Terms and Conditions also apply to all contracts concluded within the framework of the Company's online marketplace and intermediary services.
As a rule, the company also offers to arrange or arrange special types of transport, in particular the transport of children, the transport of the customer in his vehicle or the transport of up to 9 persons including the driver (Liftago XL).
The Company does not guarantee the availability of the transport arranged and procured.
The Company designates the above address of its registered office, email address and data box ID as the contact point for communication in the Czech language within the meaning of EU Regulation 2022/2065 on digital services.

I. Basic Provisions for Carriers

These General Terms and Conditions of Business ("Terms and Conditions" or "GTC") apply to the relationship between the Company and other person-carriers who have downloaded the Carrier Application (as part of the System) in connection with a particular vehicle and have made the necessary carrier registration within the System to enable such persons (hereinafter also referred to as "Carriers") to offer their passenger transportation services through the System, including their luggage (taxi services), or goods transport services (passenger transport and goods transport, hereinafter collectively referred to as "transport 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 true and complete information required for registration. 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.
If the Carrier is not also the driver, information about the legal relationship between the Carrier and the driver is also required during registration. The Company shall be entitled to require the driver or the Carrier to provide proof of this legal relationship and/or the Carrier's consent to registration.
The company is entitled to require the driver to provide proof of good character.
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 haulier 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 or a button with a similar meaning, the carrier expressly undertakes to comply with the provisions of the GTC and at the same time declares that his vehicle, by which he provides passenger transport service, is registered in the relevant register of taxi vehicles, that he has arranged an extended liability insurance for the operation of the vehicle (taxi insurance), and that he 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 System and to conclude a contract for transportation through the System.
By registering in the System, 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 performance of its obligations in connection with the provision 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 Company will cancel or suspend the Carrier's registration if requested to do so by the Carrier. The Company is entitled to cancel or suspend the registration at its discretion without such a request from the Carrier, 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, failure to prove the integrity of the driver concerned or his legal relationship to the Carrier, or if the Carrier's actions affect the legitimate interests or reputation of the Company, or if the information provided by the Carrier in the context of registration or in connection with the provision of transport is incomplete, has illegal content, is untrue or is otherwise incompatible with the GTC, or if the Carrier's actions are contrary to the GTC. The Company shall always give reasonable notice to the Carrier of the cancellation or suspension of registration, but the Company need not provide reasons for cancellation or suspension if it can demonstrate that the Carrier concerned has repeatedly breached the GTC which has led to the suspension or termination of registration. Cancellation or suspension of registration shall not affect any subcontracts already concluded.
Since the driver acts for the Carrier (if he is not the Carrier), it is assumed that if the GTC states "driver", it is the Carrier, unless the provisions imply otherwise.
The Company is entitled to unilaterally establish and change the rights and obligations not specified in the GTC through its website - section for drivers, while the Company informs the Carrier about the change of these rights and obligations in a reasonable manner always with sufficient advance notice.

II. Basic Provisions for Customers

The Terms and Conditions apply to the relationship between the Company and other persons-customers who, without registering with the Company, usually via SMS messages or in the System via the Company's website (via the web part of the System), place an order for the provision of a transport service, (hereinafter referred to as "Non-Registered Customers"). The provisions of the GTC concerning Registered Customers and Carriers shall apply mutatis mutandis to the relationship between the Non-Registered Customer and the Company and between the Non-Registered Customer and the Carrier.
The Terms and Conditions also apply to the relationship between the Company and other persons-customers who have downloaded the customer application (as part of the System) and made the necessary customer registration (creation of a personal customer account) in the System to enable these registered customers (hereinafter also referred to as "Registered Customers") to request and order the 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 undertakes to comply with the provisions of the GTC, the text of which, together with the confirmation of registration, is sent to the registrant 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 System and to request and order a transport service via the System.
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 System and create a special account of a corporate customer (hereinafter also referred to as "Corporate Customer"), which is allowed to request and select transport services through the System, provided that in such case the Company, which therefore procures the transport service on its own behalf on behalf of the Corporate Customer, provides the transport service at the relevant Carrier for the Corporate Customer according to the request and selection of the Corporate 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 System, the Business Customer 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 provision of transport services.
The Customer acknowledges that, apart from the cost of using a mobile device and internet connection, the use of the System 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 or suspend the registration if such cancellation or suspension is requested by the Registered or Business Customer. The Company shall be entitled to cancel or suspend the registration at its sole discretion without such a request from the Customer, in particular if the Customer's conduct affects the legitimate interests or reputation of the Company, or if the information provided by the Customer in the registration or in the use of the Service is incomplete, has illegal content, is untrue or is otherwise inconsistent with the GTC, or if the Customer's conduct is in breach of the GTC. The Company will always give the Customer reasonable notice of cancellation or suspension of registration. Cancellation or suspension of registration shall not affect any sub-contracts already concluded. Cancellation or suspension 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 is 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 the 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 System 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). Notwithstanding the Carriers' terms and conditions, the Customer shall at all times behave in such a way that no damage or other harm is caused to the Company, the Carrier or any third party when using the transport service.
The Customer shall also be liable for damage caused by the passenger during or in connection with the carriage 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 making 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 either sets an immediate time of 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 (pre-order). Customers acknowledge that ordering certain special types of transport may only be possible on such a pre-order (order for transport at a later time).
In the event that the Customer fails to provide the necessary cooperation to provide the ordered transport service (including by actively cancelling it prior to its commencement within the System), 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 through the System 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 in the System on a scale of 1 to 5. Each new driver has an automatic rating set for the first 25 trips (listed on the Company's website in the driver section), followed by an automatic averaging of the last 200 ratings of the respective driver. This overall driver rating is then available to Customers prior to ordering the transport service, unless it is a pre-order (ordering transport for a later time).
Customers may use a special type of transport service according to the current offer of the Company in the System, and in case of using the service of transporting the Customer in his/her vehicle, they acknowledge that in case of insurance benefits from the insurance of liability for damage caused by the operation of the vehicle (so-called compulsory liability) associated with the Customer's vehicle, they may lose some of the benefits provided (bonuses) in relation to the respective insurance company.

III. Basic common provisions

The Terms and Conditions, in their relevant part, also become a 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 and regulate the relations between the Company and the drivers in situations where the driver is not the Carrier and at the same time does not act for the Carrier.
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 System 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 System 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 System).
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. Passenger transport

The Registered Customer enters into a contract of carriage directly with the Carrier by means of the System (using electronic means of remote communication), whereby the price of carriage may be determined in the taxometer mode (whereby the Registered Customer will be shown the estimated price based on the rates for carriage with a taxometer preset in the System by the driver) or the price negotiated in advance under the terms 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 brokering 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 brokering).
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 System by a Registered Customer, a notification of this enquiry 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 Registered Customer acknowledges that no driver may respond to his/her demand and the Company makes no guarantee to this effect. 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.
The registered customer may, after concluding the contract for passenger transport, request a change and subsequently unilaterally amend the contract in terms of changing the destination of the journey and/or setting intermediate stops, whereby such change must not substantially alter the original or already completed route of the journey (i.e. a change of more than 5 km or more than 50% of the original route for a change of more than 5 km). The admissibility of such a change as well as any new fixed price for the entire transport, if it is a journey with a pre-agreed fixed price, will be generated by the System according to the parameters of the requested change. Confirmation of the permissible change by the Registered Customer (by clicking on the "ORDER" button or a button with a similar meaning) changes the original content of the contract and the Registered Customer undertakes to pay on the newly agreed terms.
In the case of an order with a meter 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 is provided with information about 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. At the same time, a link for downloading the receipt is sent to the Registered Customer as part of the confirmation and the link is valid for 90 days, after which time the receipt may be made available on request by the Registered Customer.
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 relevant 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 the System.

II. Transport of goods

The Company also allows Registered Customers to use the service of transportation of goods-small consignments via the System, 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 conduct promotions or campaigns or permanent programs using promo codes for Registered Customers that may be redeemed pursuant to the provisions of Part B/ Article I, Paragraph 10 of the GTC for payment for transportation services provided through the System, subject to 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 System (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 at the rate set by the Company for the relevant period, for the first passenger transport booked, upon his/her immediate registration in the System, if any. A Registered Customer who has made an Invitation shall receive a Promotional Code Reward in the amount set by the Company for the relevant period following the first passenger transport of the newly registered Invitee.
Registered Customers are not entitled to receive cash back equivalent to the value of promotional codes allocated as part of promotions or campaigns or ongoing programmes or to use such values for any other purpose and may only be used in the context of the transport services offered through the System.
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/ Corporate customer - Liftago Business service

I. Specifications of the Corporate Customer

A corporate customer is a business entity (or, alternatively, a non-business legal entity) that is allowed to use the Company's services through the System, which consist in procuring transport services and to use other additional services of the System (access to journey statistics and administration).
Only a person authorised to act on behalf of the Corporate Customer (i.e. a statutory representative, an authorised member of a legal entity or body of a legal entity - the Corporate Customer, an employee to the extent customary in relation to his/her position or function, an agent; the Corporate Customer's agent may in this case also be the Company's sales representative) may create a special account in the System. The Corporate Customer, when creating his/her special account in the System, shall indicate, inter alia, his/her administrator, which is a natural person managing the Corporate Customer's special account (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 the settings in the administration interface of the System under the login details of the Administrator.
The Administrator shall list within the Business Customer's account the individuals who are authorized (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 "Authorized 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 co-operation 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 Corporate Customer acknowledges that an Authorised Person may order transport for a third party on behalf of the Corporate Customer, whereby the Corporate Customer shall be obliged and responsible for ordering and using the services of Carriers ordered through the System by Authorised Persons at the time the relevant Authorised Person was listed on the Authorised Persons List regardless, whether the ordering and use of the service was authorized between the Business Customer and the Authorized Person, even if the ordering and use of the service was made through the Authorized Person's profile within the Business Customer's account using fraudulent or otherwise unauthorized activity by the Authorized Person. Business Customer shall promptly notify Company of any identified fraudulent or otherwise unauthorized activity by an Authorized Person that occurred through the Authorized Person's Business Profile.
The Business Customer acknowledges that an Authorized Person may only begin to inquire and order services through the System on behalf of the Business Customer if he/she becomes a Registered Customer with a phone number under which the Administrator identifies him/her in the Authorized Person List. 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 transport on behalf of the Corporate Customer and on behalf of the Registered Customer.
The Administrator is entitled to remove a person from the Authorised Persons List, whereby at the moment of removal of the relevant person from the Authorised Persons List, the personal profile of such Authorised Person within the Corporate Customer Account is deactivated and his/her entitlement to draw transport services through the System on the Corporate Customer Account ceases. The removal of a person from the Authorised Persons List shall not affect the ability of such person to use his/her personal registration as a Registered Customer.
The administrator is given access to monthly electronic structured 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 Corporate 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 Corporate 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. Passenger transport

On the basis of a request and order from the Corporate Customer (Authorised Person), the Company procures the transport service in its own name and on behalf of the Corporate 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 System (using electronic means of remote communication), whereby the price of the carriage may be determined in the meter mode (whereby the estimated price based on the rates for carriage with a meter preset in the System 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 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 enquiry has been made in the System by a Business Customer, a notification is sent to several available drivers to 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 its demand and the Company makes no guarantee in this regard. 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 meter price (offers with a tariff and estimated final price) and a pre-agreed price, in which case the Corporate Customer, by selecting from the offer, also chooses whether the transport is a taxi meter 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 Corporate Customer acknowledges that the estimated price is only indicative and may differ from the actual final price according to the taximeter.
The Business Customer acknowledges that due to the fast-moving 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 corporate customer may 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 substantially alter the original or already completed route of the journey at the time of the request (i.e. a change of more than 5 km or more than 50% of the original route for a change of more than 5 km). The admissibility of such a change as well as any new fixed price for the entire transport, if it is a journey with a pre-agreed fixed price, will be generated by the System according to the parameters of the requested change. Confirmation of the permissible change by the Company Customer results in the ordering of the transport with new terms and conditions, and therefore 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 meter price, the Corporate 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 completion of the transport take a record of the transport as an output from the printer of the taximeter and shall issue to the Corporate Customer (passenger), at the request of the Corporate Customer, 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 Corporate 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 Corporate Customer before the commencement of the transport. Immediately after the completion of the transport, the Business Customer will receive a confirmation of the transport to the e-mail address provided by the Business Customer and, within the confirmation, a link for downloading the receipt, which is valid for 90 days, after which the receipt can be made available on request by the Business Customer.
The corporate 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 automatically paid 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 request 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 Corporate Customer or at the expense of such 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 also allows Business Customers to use the service of transportation of goods-small consignments through the System, 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 Corporate Customer shall pay the price for the transport of the item according to the current price list: (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 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 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 (Fuel surcharge).
The corporate 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 corporate customer agrees that his/her 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 Corporate 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 the 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 Corporate Customer's credit limit, i.e. the total maximum aggregate fare amount ("Limit") that the Corporate 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 obligations of 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 non-cash transaction (by credit card), so-called "cash on delivery", 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 Business Customer's registration or special account in the System (in the Company Profile).

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

I. Specification of goods carried

The subject of transport arranged through the System may also be items-small consignments (hereinafter also referred to as "consignments"), 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 so that it can be served directly or after heating for consumption in a food service.
The following shipments (also referred to as "excluded shipments") cannot be transported:
combustibles,
perishable biological substances where they cause a significant odour nuisance to their surroundings and/or visibly penetrate the packaging of the consignment,
live animals if they require a special permit or special knowledge or skills to be transported, or if they are not transported in a designated and undamaged container, or if they cause a nuisance to their surroundings by smell,
easily breakable objects unless they are stored in appropriate packaging,
items whose ownership or possession is prohibited by law,
objects the transport or any other disposition of which is subject to the legislation on dangerous substances or other restrictive regulations or the transport or any other disposition of which may otherwise be dangerous to the driver, in particular loaded weapons, dangerous chemicals and chemical preparations, 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 or property or otherwise endanger the proper provision of transport services,
items which are not adequately protected or packaged, in particular taking into account the weight of the item or its other nature,
consignments which do not bear the mandatory information or which may be missing other necessary documents or information,
consignments with a weight greater than 15 kg or dimensions exceeding 55 × 45 × 25 (length x width x height), unless otherwise agreed with the Corporate Customer; in the case of acceptance of a consignment with a greater weight, a surcharge of CZK 100 is charged; in the case of acceptance of an oversized consignment, a surcharge of CZK 100 is charged,
counterfeit or infringing articles; other articles unsuitable for the shipment in question; articles 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 transport 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 recipient) refuses to accept the parcel or the parcel 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 consignment could be handed over in accordance with the GTC), the consignment becomes undeliverable and the Carrier shall, according to the Company's instructions, deposit the consignment at the most suitable delivery point (usually with a self-service delivery box), usually closest to the address for delivery of the consignment, and notify the addressee of such deposit, who shall be obliged to collect the consignment without delay. In the event that the deposited parcel is not collected, the Company shall, as a rule, return the parcel to the Customer within 2 days at the latest.
The carrier is entitled to open the shipment if:

a) the Carrier or the Company has reasonable grounds to suspect that the shipment is an excluded shipment,

b) the shipment has been damaged,

c) the Carrier or the Company has a reasonable suspicion that damage has occurred or may occur in connection with the shipment or that damage may occur by the time the shipment is delivered, or if it is necessary to comply with 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 Corporate Customer in connection with the transportation of shipments.
The Customer acknowledges that in the case of transport of packaged food and meals, the shipments are not insured in any way by the Company. 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. Passenger transport

The Carrier concludes contracts for the carriage of passengers by means of the System (using electronic means of remote communication), whereby the price of carriage may be determined in the mode of the taximeter (whereby the Customer requesting the carriage service will be shown an estimated price based on the rates for carriage with the taximeter preset in the System by the driver) or the price negotiated in advance under the conditions 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 is made in the System, a notification of this request is sent to usually several available drivers so that they can possibly 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 location). 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 System, 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 does not provide any 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.
The parameter determining the order of Carriers' offers responding to individual enquiries and leading to the conclusion of a contract of carriage is always the time when the individual offers were made, as the urgency of the offer is primary for Customers.
In case of an order with a price in the meter 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 System 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 System, 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 System a summary of all tax documents issued by the Company on behalf of the relevant Carrier.
When ordering the transport, the Carrier receives information whether 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 of the transport service. If the carriage is not a cash payment carriage, the Carrier shall provide the Company with the assistance required by the Company for the purpose of payment by card or other settlement of the price between the Company and the Customer, whereby the driver shall be required by the Company to be able to accept payment cards.
The Carrier acknowledges and agrees that Customers may have the option to request a change to the contract after the conclusion of the contract for passenger transport in the sense of changing the destination of the journey and/or setting intermediate stops, provided that such a change must not substantially alter the original or already completed route of the journey (i.e. a change of the route by more than 5 km or by more than 50% of the original route for a change of more than 5 km, with the driver's direction indicator switched on, the limits for route changes are halved). The admissibility of such a change as well as any new fixed price for the entire transport, if it is a journey with a pre-agreed fixed price, will be generated by the System according to the parameters of the requested change, whereupon the Registered Customer or the Company (in the case of transport of a Corporate Customer) is then entitled to make the relevant unilateral amendment to the transport contract.
A carrier offering a service of a special type of transport consisting in the carriage of children with a height of up to 150 cm and a weight of up to 36 kg is obliged to always have seat belts and at least one child car seat in the vehicle 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 to always position and fasten the child car seat and the person being transported 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 36 kg 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.
If the Customer requires the transport of an unaccompanied minor or if the Customer is a minor himself, it is up to the driver whether to provide such transport. In case of refusal, the Carrier is not entitled to compensation.
A Carrier offering a service of a special type of transport consisting in the transport of the Customer in its vehicle shall inform the Company whether it provides the service with or without the right to transport with the return of the driver to its vehicle. The Company shall provide the Carrier with the return journey free of charge.

II. Transport of goods

The Company also allows Carriers to conclude contracts for the carriage of goods-small consignments through the System, whereby the provisions relating to Carriers for the carriage of passengers apply to the carriage of goods in addition to the specific 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 Corporate Customer with the requirement to pay the price of the shipment itself (price of the goods) upon delivery, so called "cash on delivery", the Carrier shall deliver the shipment to the consignee only after 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 it is not possible for technical reasons to pay the cash on delivery by card using the driver's mobile application (terminal).
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 shall be entitled to interrupt or terminate the availability of the System 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 of CZK 100 for each transaction associated with the forwarding of the amount collected to the Carrier. 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.
The Carrier shall be obliged to deposit the undeliverable consignment at the dispatch point designated by the Company, whereby such deposit of the consignment shall end the carriage of the goods by the Carrier. If the delivery point is a self-service delivery box, the Carrier is obliged to inform the Company without delay about any malfunction of the box or a foreign (forgotten) shipment, which is already occupied in the respective box, and the Company will subsequently provide the Carrier with the necessary information to use a substitute delivery box or another delivery point. The Carrier is not entitled to dispose of the foreign (forgotten) consignment in any way.
The Carrier acknowledges that the use of the self-service dispensers is subject to the rules of third party operators of the dispensers, and in this context the Carrier undertakes to comply with the rules with which it has been made aware through the Company.
The Carrier authorizes the Company to issue documents for the Corporate Customer on the transport performed.

III. Other financial arrangements

The Carrier is obliged to pay a transaction fee for its registration within the Company's System, namely in the form of a commission (plus VAT) on the price of transport services provided on the basis of a contract concluded between the Carrier and the Customer or the Carrier and the Company via the System (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 to provide the ordered transport service (including actively cancelling it before its commencement within the System), 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 the commission and fees charged by the Company to the 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 the contractual penalties 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/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 a carriage with a fixed price lower than the Carrier's price, such negative difference will be compensated to the Carrier by the Registered Customer with 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 e-mail") by the Carrier within the 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 damage or other harm and to take reasonable measures to prevent and minimize (including in particular the arrangement of liability insurance) any damage or other harm, including with regard to the provision of special types of transport. In the case of offering a service of a special type of transport consisting in the transport of the Customer in his vehicle, the Carrier is obliged to have liability insurance for damage to the Customer's vehicle. If the Company has such insurance, this obligation does not apply to the Carrier.
If the Company is awarded a public penalty for a breach of an obligation based primarily on a breach of the Carrier's obligation (in particular the provision of taxi services without the relevant licence or the provision of taxi services 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 license, 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 System (has the Carrier application activated), he/she is obliged to have the status of his/her vehicle always 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 System) 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 application for the Carrier with such a marking for the entire period of the activated application. For more information on the rules of use of the LIFTAGO marking, please visit: https://www.liftago.cz/podpora/pro-ridice/podminky-spoluprace/povinne-oznaceni/. Carriers with complete marking (full-field) have the possibility to draw special benefits from the Company.
Violation of the obligation to mark the vehicle shall be grounds for immediate cancellation of the Carrier's registration and/or payment of a contractual penalty according to the tariff listed at https://www.liftago.cz/podpora/pro-ridice/podminky-spoluprace/povinne-oznaceni/.
In the event of suspension or cancellation of registration in the System, the Carrier is obliged to remove the LIFTAGO marking from its vehicles and not to use any marking interchangeable with it. Otherwise, the Carrier would be committing, in particular, unfair competition with all the associated consequences.
The Carrier is entitled to access the data provided by the Carrier for the purpose of using the System and generated by the Carrier's use of the System. The Carrier shall have technical access to certain information within its account in the System, and other relevant information shall be provided reasonably upon request by the Carrier. The rights of the Carrier and/or other persons in relation to the processing of personal data are not affected.
Apart from the fact that the Carriers provide their transport services on the basis of contracts concluded on their behalf through the System with the visual marking LIFTAGO, the GTC have no effect in relation to the Carriers' intellectual property rights and control over these rights.

Part F/ Other Conditions of Use of the System

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. Relevant information can be updated or corrected via the System.
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 System.
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 System 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 System themselves or through a third party in any way for any illegal or unethical purpose, in particular in any way that would interfere with, damage, overload or limit the System or impair its performance, or that would circumvent the purpose for which the System is intended. Customers and Carriers agree not to themselves or through any third party in any way interfere 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 would prejudice the legitimate interests of the Company or any third party.
Customers and Carriers agree not to circumvent or modify the security measures of the System, or upload files containing viruses, Trojan horses or other malicious programs, enter or attempt to enter the accounts of other Customers or Carriers, or disrupt or attempt to disrupt any security measures.
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 unauthorized 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 System at any time, and to interrupt or discontinue the availability of the System at any time, with or without notice. The Company may also do so only with respect to individual Customers, Carriers or drivers.
The mediation and procurement of transport within the System, the content of contract offers as well as the content of the transport contracts concluded within the System are controlled by the System algorithms without regard to the persons of the participants and therefore without any discrimination, with regard to the balance of the operation of the services and the balance of the content of the contracts from the perspective of the Customers, the Carriers and the Company.
In particular, Customers, Carriers and other persons have the possibility to report to the Company the occurrence of specific information contained in the Company's services that may be considered illegal content and to file complaints using the contact details and contact forms provided at https://www.liftago.cz/.

Part G/ Processing of personal data

The Company, as the controller, processes the personal data of Customer-individuals and Carrier-individuals, as well as persons representing Customers 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 European Parliament and of the Council on the protection of natural persons 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 in Czech and English, and the System 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 System 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 is entitled to unilaterally change the terms and conditions, and in accordance with EU Regulation 2019/1150, it will publish these 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 System following the amendment to the GTC, confirm their acceptance of such amendment. The amendment to 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 14 December 2024 and supersede the previous version of the Terms and Conditions effective from 6 May 2023. 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 the GTC: 29 November 2024

Radek Svíčka

Managing Director Liftago CZ, s.r.o.

Addendum to the General Terms and Conditions (transport of goods)

Liftago CZ, s.r.o., ID No.: 29138787, with registered office at Rohanské nábřeží 678/25, Karlín, 186 00 Praha 8,

email: [email protected],

Mailbox ID: kc8nuy7 registered in the Commercial Register at the Municipal Court in Prague, file number C 203226.

Part A/ Basic Provisions

I. Introductory Statement

The company declares that with the decisive date of 1 January 2025, in accordance with the relevant provisions of Act No. 125/2008 Coll., on transformations of commercial companies and cooperatives, its transformation in the form of a division by splitting off part of its assets by merging into the company grid.online s.r.o. will be carried out, (hereinafter also referred to as the "spin-off"). The spun-off part will also include the rights and obligations under certain framework contracts (or parts thereof) which were concluded by registration in the System and which relate to the transport of goods. These contracts are:
framework contracts relating to the transport of goods (framework freight forwarding contracts) concluded between the Company and Corporate Customers;
parts of the combined framework contracts (contracts covering both passenger and freight transport) concluded between the Company and Corporate Customers relating to freight transport;
framework contracts of carriage relating to the carriage of goods concluded between the Company and Carriers (Cargo category).
The transfer of rights and obligations as a result of the Spin-Off does not apply to the framework agreements concluded between the Company and Registered (Non-Corporate) Customers, to the passenger carriage portions of the combined framework agreements concluded between the Company and Corporate Customers and to the combined framework agreements concluded between the Company and Carriers.
In connection with the Spin-Off, the Company is issuing this supplement (the "Supplement"), which supplements and amends the Company's General Terms and Conditions of Business (the "GTC") so that master contracts (or relevant parts thereof) relating to the carriage of goods already entered into between the Company and Corporate Customers and between the Company and Carriers, as well as such master contracts newly entered into, shall be governed primarily by the Supplement, the contents of which shall prevail over the contents of the GTC.
The addendum does not affect any already concluded partial transport contracts under which a specific transport has been or will be carried out.
The content of the Addendum, in its relevant part concerning the rights and obligations of the parties in the procurement and provision of goods transport services, corresponds to the content of the terms and conditions of grid.online s.r.o. and the content of the respective contracts is therefore not changed by the spin-off into grid.online s.r.o..
Whether and to what extent the spin-off to grid.online s.r.o. applies to Corporate Customers can be verified in the Corporate Customers web application on the Liftago platform and grid.online or by contacting the Company or grid.online s.r.o. Corporate Customers will be sent communication via email with further instructions.
It is possible to check whether and to what extent the spin-off to grid.online s.r.o. applies to Carriers in the Liftago driver application in the driver profile. The spin-off affects only Carriers in the Cargo category. Carriers will also be sent a communication via email with further instructions.
The individual contractual relations with the Company's customers and the Carriers can be found in the conversion project deposited in the Collection of Deeds of the Company and grid.online s.r.o. in the Commercial Register.

II. Consent of Carriers to the creation of a duplicate profile and the assignment of certain contracts

As the transfer of rights and obligations as a result of the spin-off does not apply to combined framework agreements concluded between the Company and Carriers with the internal designation Universal, the Company declares that, according to its arrangement with grid.online s.r.o., the respective Carriers will have the option, at their discretion, to make a simplified registration regarding the carriage of goods also with grid.online s.r.o. Carriers will thus be able to offer their goods transport services also via grid.online s.r.o. For this purpose, the respective Carriers agree to create a temporary profile allowing easy and quick registration in the grid.online s.r.o. system. Whether and to what extent this simplified registration applies to the Carriers can be verified in the Liftago driver application in the driver profile. The simplified registration only applies to Carriers in the Universal category.
Business Customers and Carriers acknowledge that if a combined framework contract or a framework contract relating to the transport of goods is concluded between the Company and a Business Customer and/or between the Company and a Carrier after a project for the transformation of the Company has been drawn up - a project for the division of the Company by spinning off part of its assets into grid.online s.r.o, the Company is entitled to transfer its rights and obligations under such contracts or parts thereof to grid.online s.r.o. as an assignee in accordance with section H/ paragraph 5 of the GTC and section G/ paragraph 4 of the Appendix, as well as in accordance with section 1895 of Act No. 89/2012 Coll., the Civil Code. The assignment of the Contract shall be effective against the Business Customer or the Carrier at the moment when the Company notifies the assignment in writing or when the assignor (grid.online s.r.o.) proves the assignment of the Contract.

III. Basic Provisions for Corporate Customers

The Supplement concerns the Company's relations with Corporate Customers who have made the necessary customer registration in the System (creation of a customer profile) enabling them to request and order a goods transport service on their own behalf and on their own account, or to use other additional services of the System.
When registering, the corporate customer is obliged to provide true and complete required data, in particular his/her name and surname or name (business name), identification number, tax identification number (if VAT payer) and acknowledges that customer registration and subsequent inquiry of transport services and conclusion of subsequent forwarding contracts is always technologically linked to the specific telephone number or email address provided by him/her.
By clicking on the "CREATE ACCOUNT" button or a button with a similar meaning, the registrant expressly undertakes to comply with the provisions of the GTC and the Appendix, the text of which, together with the confirmation of registration, will be sent to the registrant 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 System and to request and order the procurement of the transport service through the System.
By registering in the System, the Business Customer 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 provision of transport services.
The Company will cancel or suspend a Business Customer's registration if such cancellation or suspension is requested by the Business Customer. The Company shall be entitled to cancel or suspend the registration at its sole discretion without such a request from the Business Customer, in particular if the Business Customer's conduct affects the legitimate interests or reputation of the Company, or if the information provided by the Business Customer in the registration or in the use of the Service is incomplete, has illegal content, is untrue or is otherwise inconsistent with the GTC or the Addendum, or if the Business Customer's conduct is in breach of the GTC or the Addendum. The Company will always provide reasonable notice to the Business Customer of cancellation or suspension of registration. Cancellation or suspension of registration shall not affect any subcontracts already entered into.
The Corporate Customer acknowledges that the System enables the storage of the Corporate 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 itself does not store or process any payment card data of the Corporate Customer.
The Business Customer agrees that the Company will make an authorization transaction of CZK 1 when registering the Business Customer's payment card.
The Business Customer agrees that the Company may perform authorization checks on the connected payment cards after they have been connected for the first time and when the Business Customer orders the transport.
In the event that the Corporate Customer does not use the Company's services paid for by the registered payment card for a period of 12 months from the time of the last transaction by the registered payment card, the Company is entitled to delete the data on the registered payment card. If in the future the Corporate Customer wishes to use the payment card, he/she 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 Business Customer and the service shall be deemed to have been provided to the Business Customer even in the event of misuse of the payment card by a third party, in which case the Company shall provide the Business 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).
To ensure payment of the price for the service provided, the Company is entitled to block the amount corresponding to the agreed price immediately after the binding order of the service with payment by credit card.
The corporate customer, by his/her request, either sets 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 Corporate Customer fails to provide the necessary cooperation to provide the ordered transport service (including actively cancelling it before commencing it within the System), the Corporate 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 Corporate Customer is obliged to accept the change of the Carrier, which will be communicated to him via the System immediately after the cancellation of the transport by the original Carrier or when another fact leading to a change of the Carrier occurs.
Addressees can rate the ordered transport service in the System on a scale from 1 to 5 points. Each new driver has an automatic rating set for the first 50 journeys (listed on the Company's website in the section for drivers), followed by an automatic averaging of the last 200 ratings of the respective driver.

IV. Basic Provisions for Carriers

The Terms and Conditions also apply to the relationship between the Company and other Carriers who, in conjunction with a particular vehicle, have made the necessary carrier registration within the System to enable such persons to offer their services for the carriage of goods-small consignments through the System. 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 true and complete information 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 carriage of goods (road motor transport-freight operated by vehicles or combinations of vehicles with a maximum permissible weight not exceeding 3.5 tonnes, if intended for the carriage of animals or goods). By the first registration of the Carrier (by creating a Carrier Profile), a framework contract is concluded between the Company and the Carrier, whereby the Carrier acknowledges that within its profile it may unilaterally extend the framework contract and make further partial registrations for each vehicle (the registration thus acquires its 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.
If the Carrier is not also the driver, information about the legal relationship between the Carrier and the driver is also required during registration. The Company shall be entitled to require the driver or the Carrier to provide proof of this legal relationship and/or the Carrier's consent to registration.
The company is entitled to require the driver to provide proof of good character.
In the event of a change in the Carrier's registration data, the Carrier shall be obliged to correct the data within one day of the date on which it became aware of the change in the registration data. Among other things, 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.
By clicking on the "I AGREE" button or a button with a similar meaning, the Carrier expressly agrees to comply with the provisions of the GTC and the Appendix. If the person intending to make a Carrier Registration does not agree to the Terms and Conditions or does not meet the requirements of the Terms and Conditions for a Carrier, he/she is not entitled to register or use the System and to enter into a contract of carriage through the System.
By registering in the System, 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 performance of its obligations in connection with the provision of transport services.
The Carrier acknowledges that it always concludes contracts of carriage with the Company, which carries out the carriage on its own behalf and on its own account for third parties.
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 Company shall cancel or suspend the Carrier's registration if requested to do so by the Carrier. The Company shall be entitled to cancel or suspend the registration at its discretion without such a request from the Carrier, 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 complaints from the Company's customers, failure to prove the integrity of the driver concerned or his legal relationship with the Carrier, or if the Carrier's actions affect the legitimate interests or reputation of the Company, or if the information provided by the Carrier in the registration or in connection with the provision of transportation is incomplete, has illegal content, is untrue or is otherwise inconsistent with the GTC or the Appendix, or if the Carrier's actions are in violation of the GTC or the Appendix. The Company shall always give the Carrier reasonable notice of cancellation or suspension of registration. Cancellation or suspension of registration shall not affect any subcontracts already concluded.
Since the driver acts for the Carrier (unless he is the Carrier), it is assumed that if the GTC or the Supplement states "driver", it is the Carrier, unless the provisions imply otherwise.
The Company is entitled to unilaterally establish and change the rights and obligations not specified in the GTC through its website - section for drivers, while the Company informs the Carrier about the change of these rights and obligations in a reasonable manner always with sufficient advance notice. In addition to the GTC, the Company shall usually conclude a special framework agreement with Carriers with multiple vehicles, which shall regulate additional or different conditions of cooperation, in particular with regard to the method of delivery of shipments, the method of payment of the price for transport services and payment of the Company's commission, the capacity of transport services, guarantee of availability of transport, non-competition and related sanctions.

V. Basic common provisions

The Supplement, in its relevant part, also becomes part of the forwarding contract concluded between the Company and the Corporate Customer or the procured contract of carriage concluded between the Company and the Carrier and regulates the relations between the Company and the drivers in situations where the driver is not the Carrier and at the same time does not act for the Carrier.
Contracts (including the text of the Supplement) between the Company and Corporate Customers and between the Company and Carriers are concluded in accordance with the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. The provisions of Sections 1798 to 1800 of the Civil Code and Section 1740(3) of the Civil Code shall not apply to the relations between the Company and the Business Customers and the relations between the Company and the Carriers. Acceptance of a proposal to enter into a contract with a deviation or any modification is excluded.
In the event of the settlement of any insurance claim in connection with the procurement or execution of transport, the Company, Corporate Customers and Carriers are obliged to provide prompt and sufficient assistance at all times.

Part B/ Items carried

I. Specification of goods carried

The subject matter of transportation arranged by the Company for Corporate Customers may be items-small consignments (hereinafter also referred to as "consignments"), including packaged food and meals, the general specification of which is set out in the following provisions.
Packaged food means a consignment, normally intended for the final consumer or catering establishment, consisting of food and the packaging in 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 and the Appendix, packaged food shall be deemed to be packaged food only for the purpose of direct sale to the addressee of the consignment.
Food means food (including drink) cooked cold or hot or treated so that it can be served for consumption directly or after heating.
The Business Customer is not entitled to order the transportation of such shipments (hereinafter also referred to as "Excluded Shipments") through the System:
- combustibles,
- perishable biological substances if they cause a nuisance to their surroundings by odour and visibly penetrate the packaging of the consignment,
- live animals if a special permit is required for their transport, or if the packaging is not used for their transport, or if they cause a nuisance to their surroundings by smell, or if the packaging is damaged,
- an easily breakable item if not stored in appropriate packaging,
- items whose ownership or possession is prohibited by law,
- items the carriage by road or any other disposition of which is subject to dangerous goods legislation or other restrictive regulations, or the carriage by road or any other disposition of which may otherwise be dangerous to the carrier, in particular, loaded weapons, dangerous chemicals and chemical preparations, radioactive substances, poisons, corrosives, explosives, explosive substances, explosives, ammunition, narcotic and psychotropic substances, pressure vessels, compressed or liquefied gases and other similar items,
- items which, by their nature, may cause injury to persons or damage to property or otherwise endanger the proper provision of services,
- items that are not adequately protected or packaged, in particular taking into account the weight of the item or its other nature,
- items whose weight exceeds 15 kg or whose dimensions exceed 55 × 45 × 25 (length x width x height), unless otherwise agreed; in the case of acceptance of a shipment with a greater weight or an oversized shipment, a surcharge will be charged; the weight or dimensions, including the packaging, are decisive for determining the weight or dimensions,
- counterfeits or items infringing intellectual property rights,
- other items that are unsuitable for normal road transport,
- Czech and foreign banknotes, cheques, bills of exchange and other securities, antiques, items of irreplaceable nature, items of value exceeding CZK 25,000, precious metals, minerals and art objects.

II. Packaging and marking of the consignment

The corporate customer is obliged to ensure that the shipment is packed in such a way that it is protected against loss or damage, cannot damage other shipments or the means of transport, does not cause injury to the carrier's personnel or any third parties, does not cause unpleasant sensory perceptions, and that it is not possible to enter the contents of the shipment without leaving obvious traces. The external and internal packaging of the consignment and its contents must be proportionate to the nature and weight of the item or items comprising the contents, the manner and duration of the movement of the consignment and the manner in which the consignment is likely to be handled during the provision of the service.
The corporate customer is obliged to ensure that the packaging of the shipment is sufficient to effectively protect the contents of the shipment against possible damage due to contact with other objects (friction, pressure and impact) and against damage to the contents of the shipment due to weather conditions.
The corporate customer is obliged to ensure that the items comprising the contents of the shipment are secured in the shipment in such a way that they cannot be damaged by friction, pressure and impact between them and the packaging or with each other.
The business customer is obliged to ensure that the consignment is clearly marked with the sender's marking and the unmistakable marking of the self-service dispensing box or dispensing point or the addressee's marking (indicating the address, including the registration and description number, the exact floor and door number or other specification of the destination premises, as appropriate); the addresses must be written in such a way that they cannot be erased, altered or rendered illegible (e.g. marked with a printed label).

Part C/ Corporate customer

I. Other conditions of registration of a Business Customer

Only a person authorised to act on behalf of the Corporate Customer (i.e. a statutory representative, an authorised member of a legal person or body of a legal person, an employee to the extent usual in relation to his/her position or function, an authorised representative; in this case, the Company's representative may also be the Corporate Customer's authorised representative) may register in the System. The Corporate Customer shall, when registering in the System, indicate, among others, his/her administrator, which is a natural person managing the Corporate Customer's profile (hereinafter referred to as the "Administrator"). The Company accepts communication with the Administrator in all ways that can properly ensure the integrity of the data and the identification of the originator of the communication, i.e. in particular through the settings in the administration interface of the System under the Administrator's login details.
The Administrator shall list within the Business Customer's account the individuals who are authorized (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 "Authorized Persons"). The Administrator shall set up a profile of the Authorised Person within the Business Customer's account in the System, registering him/her in the list of Authorised Persons (hereinafter referred to as the "Authorised Persons List") by providing reference data, i.e. his/her name and surname, email address (usually in the Business Customer's domain), telephone number and, where applicable, the Business Customer's cost centre. The Business Customer, through the Administrator, shall ensure 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 entering 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 co-operation 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 shall promptly notify the Company of any detected fraudulent or otherwise unauthorized activity by an Authorized Person that occurs through the System.
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's account in the System is deactivated and thus his/her entitlement to order services through the System on behalf of the relevant Business Customer ceases.
The administrator is given access to monthly electronic structured reports of shipments with the identification of the Authorized Person, information about the shipment (date, time, place of receipt and place of delivery) and the price of the shipment using the password specified in the administrator profile. The Corporate 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 concerning the Corporate Customer and the Administrator's person in the System and to ensure that it is up-to-date, correct and complete. The Business Customer is responsible for all activities carried out in the System using the Administrator's login credentials.

II. Conclusion of contracts and financial arrangements

The Company arranges transport on its own behalf on its own account on the basis of a forwarding contract, which is concluded following the request of the Corporate Customer and the subsequent proposal to conclude a forwarding contract by the Company. Each request of the Corporate Customer must always include at least the number of shipments, the place of pick-up of the shipments for transportation (place of dispatch), the place of delivery, the telephone contact of the addressee(s) and the time range for pick-up and return of the shipments, or the identification of the dispatch box or dispatch point.
Once a proper enquiry has been made by the Business Customer (Authorised Person) in the System (usually via API integration or web application), a notification of this enquiry is sent within the System, usually 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 Corporate Customer acknowledges that no driver or multiple drivers may respond to his demand and the Company makes no guarantee in this regard. In the event that a driver responds to the request by confirming his availability and his offer, the Company will make a proposal to the Business Customer within the System to enter into a forwarding contract, including a price for the transport or a link to a price list. Confirmation of the proposal in the System shall result in the conclusion of the forwarding contract (hereinafter also referred to as "ordering of transport") and therefore the relevant incentive to arrange transport.
The Company arranges the carriage in its own name on its own account by concluding a contract of carriage with the Carrier at its discretion or, if necessary, using another forwarder.
The business customer agrees that his shipment will be transported together with other shipments (shared transport), unless otherwise agreed.
The Corporate Customer shall pay the price according to the price list on the Company's website or the price indicated in the System when ordering the transport or the price according to the previous agreement between the Company and the Corporate Customer, in aggregate only on the basis of tax documents-invoices with a due date of 14 days issued by the Company each time for the agreed period (usually 14 to 30 days). The invoice is paid by crediting funds to the Company's account.
The corporate customer agrees to the use of tax documents in electronic form and therefore to their issuance in electronic form and sending via email. The date of proper sending of the tax document is also the date of its delivery. Tax documents (invoices) are sent by e-mail to the Administrator and to the e-mail address specified for the purpose of sending tax documents ("Billing e-mail of the Business Customer") by the Business Customer in the course of registration in the System. Sending invoices to the Business Customer's data box is also an acceptable method. The invoice shall be accompanied by an electronic structured overview of the shipments procured. The attachment shall be available to the System Administrator no later than the date of the invoice.
If a corporate customer stores his/her payment card details in the Corporate Customer Registration or at the Company's request, the price of each partial shipment and the VAT surcharge are automatically paid by this 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 request payments from the Business Customer by credit card for such period as it may decide.
The price always refers to the ordered delivery method, regardless of any alternative delivery in case of undeliverability of the parcel.
The Company shall not be entitled to reimbursement of the costs incurred in procuring the carriage.
In view of the fluctuating fuel prices, the Company is entitled to unilaterally increase the price agreed in advance in the framework agreement of the participants by a waiting surcharge, a fuel surcharge and a seasonal surcharge, the rules for the application of surcharges being set out on the Company's website.
The Company shall be entitled to specify to the Business Customer in the System the Business Customer's credit limit, i.e. the total maximum aggregate amount of the price for procuring carriage (the "Limit") which the Business Customer is entitled to draw before payment of invoices issued to date. The Administrator shall be notified by email when the Limit is about to be exhausted or is currently exhausted. The Company shall be entitled to allocate, modify 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.
If the Business Customer is more than 30 days in arrears with a monetary debt owed to the Company, and if there has not been an automatic payment by credit card charged as a prepayment on the monthly invoice, the Company is entitled to realise its claim against the Business Customer by payment via the Business Customer's credit card, the details of which are stored within the Business Customer's registration in the System.

III. Acceptance of consignments for transport and delivery of consignments

Transportation or delivery of shipments will be arranged by the Company as delivery by the following methods:
- to a self-service dispensing box of the Corporate Customer (or a partner of the Corporate Customer) or delivery to a dispensing point (out of home delivery),
- directly to the addressee of the parcel at the address (home delivery),
- to the depot of the Corporate Customer (collection or transport of the shipment).
Shipments will be picked up at the place of their collection by the Carrier performing the transport.
The corporate customer is obliged to ensure that the consignments are ready for the Carrier at the pick-up point within the agreed time frame, that the documents necessary for the proper execution of the transport are handed over to the Carrier together with the consignments, and that the set of consignments to be picked up together corresponds to the order, and is obliged to accept back any undeliverable consignment.
The corporate customer is obliged to inform the driver of the contents of the shipment, if appropriate in view of the nature of the item being transported.
The corporate customer will be informed by the driver prior to taking delivery of the shipment of any incorrect marking, obvious damage or unsuitability of its packaging, apparently dangerous contents, exceeding the specified weight or dimensions, incorrect information in the transport documents relating to the shipment, or a circumstance that could lead to damage to the shipment or the vehicle, or any other fact for which the shipment cannot be transported. In such a case, the Carrier shall be entitled to refuse to accept the shipment for carriage, whereupon the Company shall be entitled to withdraw from the forwarding contract (or any part thereof).
The Business Customer acknowledges that the Carrier is entitled to open the shipment if:
- the Carrier or the Company reasonably suspects that the shipment is an excluded shipment,
- the shipment was damaged,
- the Carrier or the Company has a reasonable suspicion that damage has occurred or may occur in connection with the shipment or that damage may occur by the time the shipment is delivered, or if it is necessary to comply with an obligation imposed on the Carrier by a special legal regulation.
The Corporate Customer acknowledges that the Carrier is obliged to inform the addressee or the recipient as the person physically receiving the shipment about the opening of the shipment upon delivery, or the Corporate Customer upon return of the shipment. The opening of a shipment shall not be deemed to be the repair of its packaging, during which the original packaging is substantially preserved.
The parcel is delivered by its delivery to the self-service dispensing box of the Corporate Customer (or the Corporate Customer's partner) or to the dispensing point and, in the case of "home delivery" or delivery to the Corporate Customer's depot, by acceptance by the addressee or another suitable person.
When requesting delivery of parcels to self-service delivery boxes and delivery points, the corporate customer is obliged to enable such delivery at its own expense and to provide the necessary assistance for such delivery.
In the case of home delivery, the parcel can only be delivered against the signature of the addressee, or a person acting as the addressee, or another suitable (relevant) person (the recipient). The carrier is not obliged to require a signature if the parcel is delivered with identity verification by means of a code.
The Corporate Customer acknowledges that in the case of transport of packaged food and meals, shipments are not insured by the Company in any way. In the case of transport of shipments other than packaged food and meals, the shipments are insured (liability insurance for damage caused by the forwarding activity) for the value of CZK 50,000, or CZK 250,000 if it is a set of shipments transported by one vehicle.

IV. Cash on delivery

The corporate customer is entitled to request and order "home delivery" transport with an explicit request for payment of the price of the consignment "on delivery" (in cash or in the form of a non-cash transaction - contactless payment card), in which case the corporate customer is obliged to specify the amount of payment (the amount of the cash on delivery) and the variable symbol in the request. In such case, the Company undertakes to arrange for the Carrier to collect the relevant credit amount from the consignee, with the understanding that the consignment will be delivered to the consignee only after payment of the relevant credit amount, and the Company is obliged to pay the credit amount so collected to the bank account designated by the Business Customer no later than on the third working day.
If the recipient of the shipment refuses to make payment, or if payment cannot be made, the shipment is deemed undeliverable and will be delivered alternatively to a self-service drop box or drop-off point or returned to the Corporate Customer at the original pick-up location without collection of the COD amount.
Payments are made in Czech crowns, i.e. both the withdrawal of the cash on delivery amount and the transfer of the cash on delivery amount to the bank account designated by the Corporate Customer.
The company is entitled to a cash on delivery fee of 0.95% (+ VAT) of the total cash on delivery amount, including VAT. The fees will be charged by tax invoices, usually together with the price for the individual shipments.

V. Undeliverable and undelivered items

An undeliverable consignment is a consignment that cannot be delivered after its receipt for the agreed reasons. If no other reasons for undeliverability have been agreed upon, the following reasons shall be considered relevant reasons for undeliverability.
In the case of delivery to a self-service dispenser or to a dispensing point, an undeliverable consignment is a consignment which is an excluded consignment or which does not meet any of the conditions under Part B/ Article II. Appendix, or which cannot be delivered to the box or the delivery point within the agreed time for reasons not attributable to the Company or the Carrier, including in particular cases where the box is inoperable or occupied by a foreign (forgotten) shipment or the shipment has been refused at the delivery point. Such undeliverable shipment will be delivered alternatively to an alternate dispatch box or alternate dispatch point, unless the reason for undeliverability prevents it, otherwise returned to the Business Customer at the original pickup location. A shipment excluded or undeliverable due to failure to meet the condition in Part B/ Article II. Appendix will always be returned to the original pick-up location.
In the case of "home delivery", an undeliverable shipment is a shipment which the addressee or another suitable person refuses to accept or refuses to acknowledge receipt, or in respect of which the addressee or another suitable person is not present to receive the shipment, or a shipment which may be deemed undeliverable for other reasons not attributable to the Company or the Carrier, in particular because it is an excluded shipment or because of failure to comply with any of the conditions under Part B/ Article II. Appendix, or due to an inaccurate or non-existent delivery address. Such undeliverable shipment will be delivered alternatively to a self-service drop box or drop-off point, unless the reason for undeliverability prevents it, otherwise returned to the Business Customer at the original pick-up location. A shipment excluded or undeliverable due to failure to meet the condition in Part B/ Article II. Appendix will always be returned to the original pick-up location.
In the case of delivery to the depot of the Corporate Customer (collection or transport of the consignment), a consignment is considered undeliverable if it is an excluded consignment or if it does not meet any of the conditions under Part B/ Article II. Appendix, or which cannot be delivered for any other reason not attributable to the Company or the Carrier. Such undeliverable shipment will be returned to the Business Customer at the original pickup location.
The Company is obliged to inform the Business Customer of the undeliverability of the shipment in a reasonable manner without delay.
In the event of undeliverability of the parcel, the company is entitled to a fee as in the case of delivery of the parcel according to the forwarding contract, while alternative delivery or return of the parcel is no longer charged.
If the parties agree ad hoc to deliver a shipment that does not meet any of the conditions under Part B/ Article II. Appendix or an excluded consignment, in particular a consignment weighing more than 15 kg and/or with dimensions exceeding 55 × 45 × 25 (length × width × height), such consignment shall not be deemed undeliverable for non-compliance with Part B/ of Article II. Appendix or because it is an excluded consignment.
If a shipment is undeliverable but cannot be deemed undeliverable, the Company shall arrange for the return of such shipment to the original pickup location unless the parties agree to redelivery.

Part D/ Carrier

I. Conclusion of contracts and financial arrangements

The Carrier acknowledges that the Company arranges the carriage on its own behalf on its own account through the System following the conclusion of a forwarding contract with the Corporate Customer.
Once a proper transport request is made in the System by the Business Customer, containing at least the number of shipments, the place of pick-up of the shipments for transport (place of dispatch), the place of delivery, the telephone contact of the addressee(s) and the time range for pick-up and delivery of the shipments, a notification of this request is sent within the System, usually to several available drivers so that they can respond to it with their offer. Demand alerts 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 location). The driver is not obliged to respond to the demand.
In the event that the driver responds to the request by confirming his availability and his offer, including the price of the transport, it is a binding proposal to the Company to conclude a contract of carriage. Confirmation in the System of a driver's proposal within a reasonable time will result in the conclusion of a contract of carriage between the Company and the Carrier and the Carrier is obliged to provide the carriage service under the agreed conditions. The Carrier acknowledges that its offer may not be responded to and the Company makes no warranty to this effect.
The Carrier authorizes the Company to issue documents to the Company or the Corporate Customer for the transport performed.
Unless otherwise agreed, the Company shall pay the price of carriage according to the provisions of the contract of carriage (price in the System, accepted price offered by the driver) or, if applicable, according to the previous framework agreement of the participants (price list).
The price of transport always refers to the ordered method of delivery, regardless of any alternative delivery in case of undeliverability of the parcel.
The carrier is not entitled to reimbursement of the costs incurred in arranging the carriage.
The Carrier shall be obliged to pay a transaction fee for its registration within the System, namely in the form of a commission (plus VAT) on the price of transport services provided on the basis of contracts concluded between the Company and the Carrier through the System (hereinafter referred to as the "Commission"). The amount of the Commission or the method of its calculation is set out by the Company in the price list on its website in the section for drivers.
In the event that the driver fails to provide the necessary cooperation to provide the ordered transport service (including actively cancelling it before its commencement within the System), 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 IV, Paragraph 4. Appendix, 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 contractual penalties charged by the Company to Carriers is set out in the Company's price list available in the current version on the Company's website (section for drivers).
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 shipments, whereupon the Company shall be entitled to set off its commission and any other claims it may have, including, in particular, any unpaid COD amounts by the Carrier. 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 shall issue tax invoices for its commission with a due date of 14 days from the date of delivery to the Carrier, with the invoice being paid by crediting funds to the Company's account.
The Carrier agrees to use tax documents in electronic form and therefore to issue them in electronic form and send them via email. The date of proper dispatch of the tax document is also the date of its delivery. Tax documents (invoices) are sent by e-mail to the e-mail address specified for the purpose of sending tax documents ("Carrier's Billing e-mail") by the Carrier in the course of registration in the System. Sending invoices to the Carrier's data box is also an acceptable method. The invoice shall be accompanied by a summary of the transport performed.

II. Other Rights and Obligations of Carriers

The carrier is liable for damage to the goods transported,
The Carrier acknowledges that the transport service is actually provided to the Business Customer and the Company is not liable or responsible for the actions of the Business Customer during transport or for the inaction (lack of contact) of the addressee of the consignment during the transport of the item 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 at all times in accordance with the relevant legal regulations so that the Company, the Business Customer or a third party does not incur damage or other harm and to take reasonable measures to prevent and minimize (including, in particular, arranging liability insurance) any damage or other harm. If the Company is awarded a civil penalty for breach of duty based primarily on the Carrier's breach of duty, the Carrier shall also indemnify the Company for damages in the amount of such penalty.
In the event that the Carrier breaches its obligation to hold the relevant concession when providing passenger transport, it shall pay the Company a contractual penalty of CZK 500,000 for each individual case of breach of 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 into the System (has the Carrier application activated), he/she is obliged to keep the status of his/her vehicle switched on at all times).
In the event that the Carrier fails to provide the ordered transport service (including by actively cancelling it prior to its commencement within the System) or breaches other obligations under the concluded contract of carriage, the Carrier shall pay a contractual penalty to the Company in the amount according to the Company's price list on the Company's website.
The carrier is entitled to transport the consignment together with other consignments (shared carriage), unless otherwise agreed.
The Carrier declares that, upon the Company's request, it will discuss with the Company the possibility of arranging the carriage of certain excluded consignments, i.e. consignments of greater weight and oversized consignments, beyond the scope of the Supplement.
The Carrier is entitled to access the data provided by the Carrier for the purpose of using the System and generated by the Carrier's use of the System. The Carrier shall have technical access to certain information within its account on the System, and other relevant information shall be provided reasonably upon request by the Carrier. The rights of the Carrier and/or other persons in relation to the processing of personal data are not affected.
The Supplement shall have no effect in relation to the Carriers' intellectual property rights and control over such rights.
Further terms and conditions of transport services and cooperation between the Company and the Carrier can be found on the Company's website in the "For Drivers" section. The Carrier is obliged to follow the instructions given in this section.

III. Acceptance of consignments for transport and delivery of consignments

The carrier will transport or deliver the shipments as a delivery by the following methods:
to a self-service dispensing box of the Corporate Customer (or a partner of the Corporate Customer) or delivery to a dispensing point (out of home delivery),
directly to the addressee of the parcel at the address (home delivery),
to the depot of the Corporate Customer (collection or transport of the shipment).
The carrier will collect the shipments at the place of pick-up.
The consignments will be ready for the Carrier at the place of collection always within the agreed time frame and the documents necessary for the proper execution of the transport will be handed over to the Carrier together with the consignments.
If appropriate to the nature of the item being transported, the driver will be informed of the contents of the shipment.
The Carrier is obliged to inform the Corporate Customer prior to taking delivery of the consignment of any incorrect marking, obvious damage or unsuitability of its packaging, apparently dangerous contents, exceeding the specified weight or dimensions, incorrect information in the transport documents relating to the consignment, or any circumstance that could lead to damage to the consignment or the vehicle, or any other fact for which the consignment cannot be transported. In such a case, the carrier is entitled to refuse to accept the consignment for carriage.
The carrier is entitled to open the shipment if:
- the Carrier or the Company reasonably suspects that the shipment is an excluded shipment,
- the shipment was damaged,
- the Carrier or the Company has a reasonable suspicion that damage has occurred or may occur in connection with the shipment or that damage may occur by the time the shipment is delivered, or if it is necessary to comply with an obligation imposed on the Carrier by a special legal regulation.
The carrier is obliged to inform the addressee or the recipient as the person physically receiving the shipment about the opening of the shipment upon delivery, or the Corporate Customer upon return of the shipment. The opening of a shipment shall not be deemed to be the repair of its packaging, during which the original packaging is substantially preserved.
The parcel is delivered by its delivery to the self-service dispensing box of the Corporate Customer (or the Corporate Customer's partner) or to the dispensing point and, in the case of "home delivery" or delivery to the Corporate Customer's depot, by acceptance by the addressee or another suitable person.
The Carrier acknowledges that the Corporate Customer is obliged to enable such delivery and to provide the necessary assistance for such delivery at its own expense when requesting delivery of parcels to self-service dispatch boxes and dispatch points.
In the case of home delivery, the parcel can only be delivered against the signature of the addressee, or a person acting as the addressee, or another suitable (relevant) person (the recipient). The carrier is not obliged to require a signature if the parcel is delivered with identity verification by means of a code.

IV. Cash on delivery

The Carrier acknowledges that the Business Customer is entitled to request and order "home delivery" transport with an explicit request for payment of the price of the shipment "on delivery" (in cash or by a non-cash transaction - contactless payment card), and that the Business Customer is obliged to specify the amount of payment (the amount of the cash on delivery) and the variable symbol for payment on delivery in the request. In such a case, the carrier is obliged to collect the relevant COD amount from the recipient of the consignment, with the understanding that the consignment will only be released to the recipient of the consignment after payment of the relevant COD amount.
In the case of a request for cash on delivery, 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 it is not possible to pay the cash on delivery by card using the driver's mobile application (terminal) for technical reasons.
In the case of acceptance of payment in cash (acceptance of a credit amount), the Carrier is obliged to pay the collected credit amount immediately after completion of the carriage, on the same day, to the bank account designated by the Company, under the variable symbol corresponding to the identification number of the carriage in the System or to pay the Company via the Sazka cash terminal. In the event of delay by 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 shall be entitled to interrupt or terminate the availability of the System 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 of CZK 100 for each transaction associated with the forwarding of the amount collected to the Carrier. The Company may offset the transaction fee against the amount to be forwarded to the Carrier.
If the recipient of the shipment refuses to make payment, or if payment cannot be made, the shipment is deemed undeliverable and will be delivered alternatively to a self-service drop box or drop-off point or returned to the Corporate Customer at the original pick-up location without collection of the COD amount.
Payments are made in Czech crowns, i.e. both the withdrawal of the cash on delivery amount and the transfer of the cash on delivery amount to a bank account designated by the Company.

V. Undeliverable and undelivered items

An undeliverable consignment is a consignment that cannot be delivered after its receipt for the agreed reasons. If no other reasons for undeliverability have been agreed upon, the following reasons shall be considered relevant reasons for undeliverability.
In the case of delivery to a self-service dispenser or to a dispensing point, an undeliverable consignment is a consignment which is an excluded consignment or which does not meet any of the conditions under Part B/ Article II. Appendix, or which cannot be delivered to the box or the delivery point within the agreed time due to reasons not attributable to the Carrier, including in particular cases where the box is inoperable or occupied by a foreign (forgotten) shipment or the shipment has been refused at the delivery point. Such undeliverable shipment will be delivered alternatively to an alternate drop box or drop point, unless the reason for undeliverability prevents it, otherwise returned to the Business Customer at the original pick-up location. A shipment excluded or undeliverable due to failure to meet the condition in Part B/ Article II. Appendix will always be returned to the original pick-up location.
In the case of "home delivery", an undeliverable shipment is a shipment which the addressee or another suitable person refuses to accept or refuses to acknowledge receipt, or in respect of which the addressee or another suitable person is not present to receive the shipment, or a shipment which may be deemed undeliverable for reasons other than on the part of the Carrier, in particular because it is an excluded shipment or because of failure to meet a condition under Part B/ Article II. Appendix, or because of an inaccurate or non-existent delivery address. Such undeliverable shipment will be delivered alternatively to a self-service drop box or drop-off point, unless the reason for undeliverability prevents it, otherwise returned to the Business Customer at the original pickup location. A shipment excluded or undeliverable due to failure to meet the condition in Part B/ Article II. Appendix will always be returned to the original pick-up location.
In the case of delivery to the depot of the Corporate Customer (collection or transport of the consignment), a consignment is considered undeliverable if it is excluded by the consignment or does not meet any of the conditions under Part B/ Article II. Appendix, or which cannot be delivered for any other reason not attributable to the Carrier. Such undeliverable shipment shall be returned to the Business Customer at the original pickup location.
The Carrier is obliged to inform the Company of the undeliverability of the consignment without delay in a reasonable manner.
In the event of undeliverability of the consignment, the carrier is entitled to a fee as in the case of delivery of the consignment according to the contract of carriage, while alternative delivery or return of the consignment is no longer charged.
If the parties agree ad hoc to deliver a shipment that does not meet any of the conditions under Part B/ Article II. Appendix or an excluded consignment, in particular a consignment weighing more than 15 kg and/or with dimensions exceeding 55 × 45 × 25 (length × width × height), such consignment shall not be deemed undeliverable for non-compliance with Part B/ of Article II. Appendix or because it is an excluded consignment.
If the consignment is undelivered but cannot be considered undeliverable, the Carrier shall be obliged to ensure the return of such consignment to the original place of collection, unless the parties agree on redelivery. In such case the Carrier shall not be entitled to any remuneration, even for the re-delivery of the consignment.

Part E/ Other Conditions of Use of the System

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 System.
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 System.
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 System 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 System themselves or through a third party in any way for any illegal or unethical purpose, in particular in any way that would interfere with, damage, overload or limit the System or impair its performance, or that would circumvent the purpose for which the System is intended. Customers and Carriers agree not to themselves or through any third party in any way interfere 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 would prejudice the legitimate interests of the Company or any third party.
Business Customers and Carriers agree not to circumvent or modify the security measures of the System, or upload files that contain viruses, Trojan horses or other malicious programs, enter or attempt to enter the accounts of other Business Customers or Carriers, or disrupt or attempt to disrupt any security measures, either by themselves or through a third party.
In the event that the Carrier or the Business Customer receives an identification code, password or any other similar data in the course of using the System, the Carrier or the Business Customer shall treat such data as confidential and shall not disclose 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 unauthorized use of the account or other breach of security. The Company shall be entitled to deactivate any Carrier or Business Customer user identification code or password.
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 System at any time, and to interrupt or discontinue the availability of the System at any time, with or without notice. The Company may also do so only with respect to individual Business Customers, Carriers or Drivers.
The procurement of transport within the System, the content of offers for concluding a contract as well as the content of the contracts concluded within the System is controlled by the algorithms of the System without regard to the persons of the participants, and therefore without any discrimination, in order to balance the functioning of the services and the content of the contracts from the point of view of the Corporate Customers, the Carriers and the Company.
Customers, Carriers, as well as other persons have the possibility to report to the Company the occurrence of specific information contained in the services provided by the Company, which may be considered as illegal content, and to lodge complaints within the contact details and contact forms provided on the Company's website, .

Part F/ Processing of personal data

The Company, as the controller, processes personal data of Corporate Customers-individuals and Carriers-individuals, as well as persons representing Corporate Customers or Carriers and individuals sending and receiving (receiving) shipments, and in this context provides (in accordance with the provisions of Articles 13 and 14 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), the above-mentioned data subjects with information, which is located on the Company's website.
Carriers acknowledge that in relation to the personal data they receive from the Company, they are independent personal data controllers and as such are obliged to comply with the obligations under the aforementioned Regulation of the European Parliament and Council and Act No. 110/2019 Coll., on the processing of personal data.

Part G/ Additional and final provisions

The Complaints Procedure is an annex to the Appendix.
The Supplement (including the Complaints Procedure) is written in the Czech language, and the ordering of transport services can be made in this language within the System. In the event of a conflict between the different language versions of the Appendix, the Czech language version shall always prevail.
In the event that any part of the Addendum that can be severed from the rest of the contents is invalid, the other parts of the Addendum shall remain valid.
The Company is entitled to transfer (assign) its rights and obligations from the registration of the Corporate Customer and the Carrier as well as from the contract of carriage concluded with the Carrier to another person.
The Company shall be entitled to unilaterally amend the Supplement, whereby it shall publish such amendments or new wording at least 15 days in advance on its website and shall inform the existing affected Corporate Customers and the Carrier about it in the System or in another way. Affected Customers and Carriers shall, by their continued use of the System following the amendment of the Amendment, acknowledge acceptance of such amendment. The amendment to the Addendum shall not affect any contracts already concluded.
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.
Disputes between the Company and Corporate Customers and disputes between the Company and Carriers shall be resolved in the court of competent jurisdiction of the Company's registered office.
The Supplement is effective as of December 15, 2024 and is available at the Company's registered office and on the Company's website at www.liftago.cz. The Addendum is issued for a fixed term until 2 January 2025, provided that the indefinite period of registration of Corporate Customers and Carriers on the System or the indefinite period of execution of the relevant Master Agreements shall not be affected by this time limitation of the Addendum.

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

Date of publication of the Supplement: 29 November .2024

Radek Svíčka

Managing Director Liftago CZ, s.r.o.