The following terms and conditions are the general terms and conditions of SEMAJAN s.r.o., ID No.: 03485820, with its registered office Kodaňská 319/5, Vršovice, 101 00 Praha 10, represented by its Managing Directors Sergii Rafaielian and Maksym Rafaielian
e-mail: maksym.rafaielian@semajanlogistics.com
Website: semajanlogistics.com
hereinafter referred to as the „Company“
The company SEMAJAN s.r.o., ID No.: 03485820, with its registered office Kodaňská 319/5, Vršovice, 101 00 Praha 10, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 231732, operating its website www.semajanlogistics.com, The Company operates globally as an intermediary authorized to mediate the conclusion of various transportation contracts between represented natural or legal persons and the customer (hereinafter also referred to as „We“ or „Broker“). By registering on the website or, at the latest, by confirming an order, you declare that you had the opportunity to study these General Terms and Conditions (hereinafter also referred to as "Terms and Conditions" or "GTC"), that you have read and agreed to their content, and expressly accept them.
The Broker and the customer are hereinafter collectively referred to as the "Parties."
These General Terms and Conditions apply to the mediation of the sale of various brokerage services by our company and primarily regulate the mutual rights and obligations between us and our customers, legal or natural persons (hereinafter also referred to as "You" or "Customer"), who are the end users of the services.
Unless otherwise agreed in a particular case, Our Services consist in the mediation of concluding a contract with third parties - represented by freight forwarders, providers of transport services, providers of any other services in connection with the transport of goods and services complementary to them (hereinafter also referred to as "brokered contract"), especially maritime, air, and land (in particular railway and road) transport services and services directly or indirectly related to them, such as insurance, customs services, carriage fees, etc. listed on the Broker's website (hereinafter collectively referred to as "Services"), whereby the delivery of the Services shall take place exclusively on the website and preferably immediately or within a reasonable time. Unless expressly agreed otherwise, we do not provide transportation ourselves; it is carried out by individual transportation companies, and our Services consist of mediating the conclusion of a transportation contract with transportation service providers through our website www.semajanlogistics.com (hereinafter referred to as the "portal" or "website").
We are not a party to the contract between you and a third party (usually a transportation company), and we have no obligations arising from the brokered contract. Our rights and obligations arise from the brokerage contract (hereinafter also referred to as the "Contract"), of which these GTC are an integral part and also provide information about the course of cooperation. The Contract is concluded between us and the represented freight forwarders, providers of transportation services, and providers of any other services related to the transportation of goods and services supplementary to them.
The up-to-datedness of the data on the website. The offer of all our services is compiled and regularly updated based on electronically received data from third parties, usually transportation companies that are providers of the services offered on the portal. All this information is valid as of the date of its publication on our website as indicated in the header of the GTS. We are not responsible for any subsequent changes in individual services by individual service providers, and these changes must be dealt with directly with the service provider.
Error fares. The binding information on our portal offer includes only the price and description of the offered service as stated in a valid brokered contract with the respective service provider, with the reservation of its change. As of we are humans, errors can occur, so we reserve the right to make mistakes in the published prices, dates, and other information in the offer of our services on our website, which we will try to correct as soon as possible. In other words, erroneous offers (error fares) do not bind us or the third party to fulfil the extent of the incorrect specification, and we and the third party are entitled to terminate the contract without compensation or to correct it to correspond to the correct specification, to which you expressly agree.
Persons over age of 18 years can conclude contracts. The mediation of individual transport services, i.e. the conclusion of a Contract and a contract, can be ordered by any person over age of 18 years who concludes a contract with us for the mediation of the conclusion of a contract with the provider of the offered service, or by the person on whose behalf the contract was concluded. In this case, the third party is responsible for fulfilling the contract. By registering, you represent that you are a person over the age of 18 years and we and third parties rely entirely on this representation.
Incorporation of the GTC into the Contract. Any reference to terms and conditions when concluding the Contract refers to these GTC or their later versions.
Deviations from the GTC may be agreed upon in the Contract, especially in offers or requests that become part of the Contract. Deviating Contracts in the Contract prevail over the provisions of the GTC. The Broker is entitled to prepare a price list of goods and services, which becomes part of the GTC upon publication.
The provisions of the GTC are an integral part of the Contract. The Contract and the GTC are usually drawn up in Czech or English. The Contract is governed by the law of the Czech Republic. Any disputes arising out of the Contract, even if the Contract and the contractual documents are in another language, shall be settled out in front of the courts of the Czech Republic in accordance with the laws of the Czech Republic as the law governing the Contract.
We may unilaterally change or amend the wording of the GTC regardless of the nature of the provision being changed. The new GTC shall become effective upon posting on the website, where the current version of the GTC can always be found, and the Parties agree that no individual notice will be sent to the Customer. The Customer has the right, in accordance with § 1752 (2) of the Civil Code of the Czech Republic (hereinafter also referred to as "CC”) to reject changes to the GTC and to terminate the obligation for this reason within one month from their change and, in the termination period specified for specific cases in these GTC, otherwise within a period of 2 months. Termination and termination of the Contract shall not affect the Broker's right to remuneration from the Contract already concluded. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions. The rights and obligations of the Parties always arise from the current GTC. All newly arising rights and obligations from a later version of the GTC are governed by the current version of the GTC at the time of their creation.
Parties have excluded any impact of business practices on the Contract. The relevant part of § 545 and the whole of § 565 CC are excluded.
For the avoidance of doubt, the parties have agreed that, given the predominant form of performance in the form of goods, the Contract shall always be an agency contract for the conclusion of a contract within the meaning of section § 2445(1) of the Czech Civil Code, irrespective of whether accompanying services are offered, except for the fees specified below which are incurred upon conclusion of the Contract.
The person of Customer (hereinafter referred to as the "user") may register for the application (hereinafter referred to as "registration") and access his/her user interface as part of the portal (websites) based on the connection of the portal by providing their identification information (in particular, email) and password. From their user interface, the Customer may purchase the services offered by third parties (hereinafter referred to as the "user account"). The Customer does not need to create an account to purchase the services offered by third parties. Termination or blocking of the user account without compensation is governed by Article 2.8 and related Terms and Conditions and is reserved without the need to state a reason by the Broker. One individual user is authorized to register and use only one user account.
The portal and the user account are the sole property of the Broker. The User has no legal right to register or use the User Account. In the event of a technical failure, the Broker is not responsible for the preservation of data in the application. The customer has no legal right to export data from the portal.
Upon request, the Broker shall allow the User to renew the User's account login credentials within a reasonable range of requests. The reasonableness is at the sole discretion of the Broker.
When registering for the application and when ordering goods and services, the Customer is obliged to provide all information correctly and truthfully. The data provided by the Customer in the user account and when ordering goods and services are considered correct by the Broker.
Access to the user account is secured with a username and password according to the unique identification data and password chosen by the Customer. The Customer is obliged to maintain confidentiality regarding the information necessary to access his/her user account, which is also implied by the policy on the use of social networks. The Broker assumes no responsibility for misuse of the user account.
The Customer is not entitled to use the Portal for any purpose contrary to these GTC or applicable laws of the Czech Republic or other countries applicable to the Customer, or to damage the good name of the Broker. The Customer undertakes to indemnify the Broker for any injury and damage incurred by it as a result of a breach of the provisions of these GTC by the Customer or a person who has had access to the Customer's user account.
The Customer expressly acknowledges that the Broker shall have the right to terminate or restrict the Customer's participation in the Portal, cancel or block the User Account or not to grant a claim for the performance of the Contract or contracts with a third party at any time, without prior notice, without giving any reason and without any claim for damages or injury on the part of the Customer, in particular if the Customer:
violates these GTC,
The use of any mechanical, electronic or similar devices designed to gain an undue advantage (e.g. automatic monitoring and influencing of the Portal) is prohibited. The Customer may not use software equipped with artificial intelligence, such as a robot, to assist the Customer in participating in the conclusion of the Contract or brokered contract. Violation of the aforementioned prohibition or reasonable suspicion of such a violation shall be grounds for the Intermediary to terminate the Contract immediately, block the user account, not grant or provide the benefit or block further participation in the Portal.
The protection of personal data in the context of the competition is governed by the data protection provisions in the relevant section of these GTC.
Content of the order. The order contains, using data from the website (portal), includes your name, surname, date of birth, company number, registered office, your intention to enter into a Contract as defined herein with Us within the meaning of Section 1731 et seq. CC (hereinafter referred to as the "reservation"). Upon acceptance of your reservation, we will send you an e-mail confirming its acceptance. On the basis of such reservation, we will offer you a third party with whom you will conclude a transport or other contract via an e-mail communication, pursuant to Article 2.5 and the terms of the Forwarder.
Reservation. A reservation is made by communicating via the reservation form published on our website. In the case of a reservation, we will create a draft of your order for the mediation of the conclusion of a contract for the provision of transport or forwarding services, which we will send to you for approval to your e-mail address specified in the non-binding reservation. Our offer (order) is revocable within 5 days from the date of issuance, even within the acceptance period, which is equally long if the provider of the selected transport service does not specify otherwise. By accepting our offer (order) via your email address, which makes your order binding (hereinafter referred to as "binding order").
Conclusion of a contract between You and Us - the Contract. The approval of your binding order by Us in accordance with 3.2. (the moment of acceptance of the order, which is also an offer to conclude a contract pursuant to Section 1732 (1) of the Civil Code) results in the conclusion of a contract between Us and You, the subject matter of which is Our obligation to arrange for You to conclude a contract of carriage with a third party, which is the provider of the ordered transport or forwarding service (hereinafter referred to as the "Forwarder"), and Your obligation to pay the Forwarder's fee. We are entitled to a commission, even if we have acted as an intermediary for the other party to the brokered contract, i.e. the provider of the respective transport service in question, which follows from the nature of the website. No modification of acceptance can be made to any of Our offers to conclude a contract, in particular, an order. This contract contains the Terms and, regardless of how it is concluded, these Terms constitute an integral part of the brokerage contract (hereinafter referred to as the "Contract"). To clarify any doubts, the term "Contract" means an agreement between Us and You, the essence of which is to enable you to find a Forwarder of the goods, while the term "contract” or “brokered contract" means an agreement directly between You and the forwarder of the goods, primarily but not exclusively regarding the form, method and price of transportation, when we do not enter into such an arrangement.
Conclusion of a contract between you and the Forwarder - the brokered (transport) contract. Upon receipt of an order for the services requested by you, a third party might accept the order, if it is within their capabilities, and will give their consent via the website, thereby concluding a contract between you and the third party specified therein, on the terms and conditions of the third party in accordance with the law incorporated into the contract. We are not a party to such a contract.
One order, Multiple Contracts and contract (with Forwarder). It is possible that several individual contracts may be concluded between You and a third party, in particular a Forwarder, based on one of your binding orders, which is derived from the nature of the services included in the order, even if it is not expressly stated therein, e.g., you order the transport of multiple items, each provided by a different Forwarder. This situation occurs especially when your binding order includes multiple services provided by various providers of transport services as third parties. Each such contract, the subject of which is a different service from a different provider, is considered separately. Similarly, there will always be the same number of Contracts (brokerage) between Us and You as there are contracts with third parties, and all Our and Your claims arising from the contract or its breach must be asserted separately with respect to each such individual contract.
Power of attorney and payment of the Price through Us. By concluding the Contract, you grant us a power of attorney within the meaning of Section § 441 et seq. of the CC to represent you vis-à-vis third parties, in particular service providers, agreed in the order, in such form as the service provider necessarily requires for the valid conclusion of the brokered contract and under the terms of the Contract and to the extent that the purpose of the contract between you and the third party can be fulfilled, including the conclusion, modification and termination of the contract with forwarder. Furthermore, if necessary, we may ask you to pay the transportation Price, when this Price will be transferred by You to Our account and we will transfer it to the forwarder's account, when the forwarder is not obliged to conduct until full payment in the form of OUR (transaction costs on Your side) to provide shipping services and he is not responsible (nor are we) for non-delivery or non-conduct. Even if the transportation Price is sent to Our account, other arrangements remain unaffected and the contract is still concluded between You and the forwarder. In this case, we serve as a payment place within a closed circle of entrepreneurs.
Confirmation of the transport contract. Based on the binding order, we inform the service providers of the services negotiated in the binding order of your interest in concluding the brokered contract with them, or based on the parameters specified in the order, we negotiate and conclude the contract on your behalf and at your expense, based on the Power of Attorney.
Order Not Accepted within 30 Days. In the event that the service provider for the services negotiated in the binding order does not confirm or refuses to provide the service, of which we will promptly inform you, especially through your e-mail address provided in the reservation, and you do not instruct Us to mediate another contract or make a new binding order, the brokerage relationship between You and Our company regarding this specific service ordered by you will terminate after 30 days from the date of the order, when it is not accepted. However, this does not affect the duration of the brokerage relationship between You and Us regarding the remaining services ordered by you listed in the binding order if the nature of these remaining services does not contradict this. The conditions for refunding the funds you paid in such a case are governed by Article 5 of the Terms.
If the provider of the service agreed in the binding order confirms the provision of this service, a brokered contract will be concluded between you and the provider of the service agreed in the binding order. We will then inform you of this fact to your e-mail address.
The provision of services by Our Company applies to the services specified in the binding order and to services that You order from transport service providers, even if You do not use any of the links on Our website set out in the header of the Terms.
Our obligations arising from the binding order, i.e., from the Contract concluded between You and Our company, are considered fulfilled by the conclusion of the brokered contract between You and the provider of the ordered service, even if the provider of the ordered service does not fulfil their obligations arising from the brokered contract, for any reason, We assume no responsibility for this.
The price of the services of Broker on the part of the Customer under this Contract is 150 EUR, (hereinafter referred to as the "Service Price"). The Broker reserves the right to unilaterally change the Service Price according to the nature of the services ordered by the Customer, i.e. at its sole discretion, to increase or decrease the Service Price by up to 100% and is not obliged to perform any services until Your consent, to which You expressly agree. The price of the Transportation Services shall be determined by the third-party Forwarder, based on the contract it enters into with You (the "Transportation Price", the Services Price and the Transportation Price hereinafter referred to as the "Price"). During the conclusion of the contract You are represented by Us. The Price will be remitted by You to Our account from which We will remit the Transportation Price to the Forwarder's account, in which case the Forwarder shall not be obliged to provide the transportation services or be liable (nor shall We be liable) for any failure to provide the Services until full payment in the form of OUR (transaction costs on Your side). In the event of remittance of the Transportation Price to our account, the other arrangements remain unaffected and the contract is still concluded between you and the Forwarder, most often governed by the terms and conditions of the Forwarder, in which case we serve as the point of payment within the closed circle of business.
The price stated in the binding order for transportation services addressed to the Forwarder is the final price including the price of all ordered intermediary services and is governed by the Forwarder's price list ("Price List"), bearing in mind that the sum of the prices of all intermediary services from all contracts with a third party Forwarder ("Price" or "Transportation Price") may vary depending on the conditions of the Forwarder. Value-added tax (VAT) will be added to the Price.
Transport price. You pay the transport price from the contract mediated (brokered) by us with a third party (Forwarder) directly to Our account, together with the Service Price, under the conditions determined by the third-party Forwarder based on the contract entered into on your behalf.
Price of the Services. Unless stated otherwise, the Price is payable at the time of the conclusion of the contract between You and the third party. Unless expressly agreed otherwise, payment of the Price is a condition of the conclusion of the mediated contract between You and the provider of the ordered services, i.e. a condition of the provision of the services specified in the binding order by the provider.
Payment instructions are given in written form, usually by e-mail together with the draft of your order, or the payment details are given directly in the binding order.
Request for cancellation of the Contract (mediation contract with Us) according to 3.3 of the GTC. The Customer acknowledges that according to the provisions of § 1837 CC, among other things, the Contract cannot be cancelled, since it has the legal nature of the delivery of digital content that is not delivered on a tangible medium and was delivered with the prior express consent of the Customer even before the expiry of the withdrawal period. By concluding the Contract in accordance with the GTC, the Customer expressly agrees to the provision of the service immediately after the conclusion of the Contract, i.e. that he does not wish to exercise his right to retain the 14-day period for withdrawal from the Contract without giving a reason, where this decision means that by providing the service within this period your right to withdraw from the Contract without giving a reason expires. Prior to the commencement of the brokered service within the meaning of 3.3 of the GTC, you may request the Broker to withdraw from the Contract via the website, which will also be automatically evaluated as a request to withdraw from the brokered contract with the consequences specified in particular in 5.3 of the GTC. Please note that the terms and conditions as well as the form of cancellation of brokered contracts are governed by the terms and conditions of the individual providers of these brokered services and have no impact on the withdrawal from the contract with the third party, therefore the Broker reserves the right to accept or not to accept the withdrawal from the Contract with regard to the current development of the situation. Even if a withdrawal or other form of termination of the contractual relationship is accepted, this shall only mean the termination of the Contract and not automatically the termination of the contract with the third party, unless the content of the termination notice expressly implies otherwise. The right to payment of the fee remains unchanged even after acceptance of the termination of the Contract.
Request for cancellation of the contract of carriage (brokered contract with Forwarder) according to 3.4 of the GTC. Although we are not directly a party to the contract between you and the third party within the meaning of 3.4 of the GTC, we will attempt to facilitate your cancellation of the contract for the cancellation of the transport contract according to 3.4 T&C and the refund of funds by the service provider to you (fees may be charged in accordance with the Forwarder's terms) so that the refund of your funds can occur as soon as possible. However, due to the various terms of different Forwarders, our efforts may not be successful, and you may continue to have rights and obligations under such a contract, including contractual penalties, etc., for which we do not assume responsibility. It is necessary for you to monitor your obligations and rights on your own. Due to the need for time to return funds from the provider, the refund period may be extended.
Cancellation fee. To determine the amount of the cancellation fee when cancelling the contract and/or the service contract, the time of delivery of the cancellation to us and to the providers of the ordered service is crucial. The Customer expressly acknowledges that in the event of the cancellation of any brokered contract for any service, if the execution of the contract has already begun, such a cancellation fee may be up to 100% of the Price, which is associated with the obligation to pay the entire Price. At the same time, the service provider may demand compensation for any damage incurred.
The place where to address the request for termination of the Contract. You can make a request to terminate the transport contract and the Contract by sending an email to our email address, or in written form through postal services to the provider's registered office address, data box, or by phone to the telephone number, all of which are provided in the header of the Terms. However, if our obligation under the contract is fulfilled before the expiration of this period, i.e., if brokered contracts for all services ordered by you in the binding order have been concluded by that time and the Price has been paid from our side, the mediation relationship between our company and you terminates, and you lose the right to cancel the Contract concluded between us and you unless the reason is a substantial breach of the Contract on our part, as described in the following paragraph.
Withdrawal from the Contract by the Customer. The Customer has the right to withdraw from the Contract only in the event of a material breach of the Contract by the Broker. A substantial breach of the Contract means situations where the service is not usable for the purpose arising from the Contract, or for any other purpose for which the service primarily serves. A substantial breach of the Contract is therefore only a situation where the service is entirely unusable for the Customer's main purpose due to the Broker's fault. All other breaches of the Contract by the Broker are considered non-substantial breaches of the Contract, even in their combination and conjunction. To validly cancel the Contract, the Customer's cancellation must be accepted by the Broker on the website.
The cancellation must be sent to the Broker without undue delay, within a maximum of 5 days of discovery, and is only acceptable using the electronic form (hereinafter referred to as the "complaint report"), which is available in the application in the section entitled "cancel request".
Withdrawal from the Contract by the Broker. The Broker may withdraw from the Contract in part or in full or terminate it at any time without notice, in particular if the Customer has failed to provide cooperation, has behaved or threatens to behave in such a way as to breach the Contract, at any time until the delivery of the goods or services, if the nature of the goods or services changes or if the service is cancelled can no longer be delivered in this variant. The Broker shall notify the Customer of the cancellation or termination of the Contract via e-mail communication. In such case, the Fight Forwarder shall return the funds to the Customer within thirty (30) days of the notification (and its confirmation by the Customer) issued on the basis of the withdrawal from the Contract, in the same manner as the Broker received the funds from the Customer, but only if it has received them (the Customer has paid the Broker) after deduction of the fee (withdrawal fee).
The rights and obligations of the Parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions, in particular the provisions of Sections § 1914 to § 1925, Sections §2099 to § 2117 and Sections § 2161 to§ 2174 CC. Rights of defective performance arise in the event of a material or immaterial breach of the Contract.
Complaints about brokered services according to 3.3 of the GTC. We are responsible for the proper provision of the Services and claims for our Services as set out in clause 1.2 of the GTC as specified in the relevant order should be addressed to us. Unless otherwise expressly agreed, the performance shall be of medium quality. We do not provide a guarantee for the Services within the meaning of section § 2113 et seq. of the Civil Code.
Complaints about transport services according to 3.4 of the GTC. The provider of the ordered service is responsible for the proper provision of the services resulting from the brokered contract concluded between you and the provider of the ordered service. We, as a Broker, are not liable for defects in the actual performance of the brokered contract with the third party, nor for damages caused, and please address your complaint about their services directly to the third party. Our website does not serve as a mediator. Any guarantee for the services of third parties is not binding on the Broker.
Proof of defects. We recommend that you report any potential defects with the correct person in accordance with clauses 6.2 and 6.3 without undue delay, otherwise no legal consequences will arise from your claim, i.e. you must claim the transport services from the provider of the services ordered without undue delay and we further recommend that you make a record of the defects that have occurred in the performance of the brokered contract as evidence to prove the validity of the claim and forward this to the third party without the need to forward it to the Broker. If you claim defects according to article 6.2 of the GTC, we are also entitled to request reasons and evidence for the alleged breach of contract to assess the claim. In any such case, the right of defective performance must be elected and your claim will be dealt with in accordance with the CC and this Contract.
Notification of defects without undue delay. We are not liable for any defects if you do not notify us of the defects without undue delay, but no later than within 5 days, to allow us to remedy them. You are also obligated to act to prevent damage, especially to comply with all instructions and rules provided by us or the providers of ordered services and to comply with the legal regulations valid at the place of service provision and the legal regulations of the Czech Republic.
The description of the brokered services is provided on Our website in the header of the GTC and in the order according to the information provided to Us by the providers of the brokered services. Our Company strives to ensure that the description of the services is as accurate as possible but cannot be held responsible for any changes in prices, terms and characteristics of the services ordered, as We are not the provider of such services. In the event of a change in the price, terms or characteristics of the service ordered after the brokered contract has been concluded and/or the service ordered has been performed, Our Company may, upon Your request, endeavour to arrange for the provision of a replacement service, but please note that You are not legally entitled to this and, by its nature, the replacement service so arranged may not have the same price, terms or characteristics as the original service. Therefore, your rights arising from defects are not affected.
In the notification of defects (complaint) of the service provided by us, you will state your name and surname, your contact (e-mail and telephone number), what and why you are complaining, you will also prove that we have provided you with the service in question and you will state how you wish to settle the complaint. If you are a consumer, you may, at your option and the nature of the defect, request:
Remedying the defect by supplying a new or missing service
Distinguishing between significant and non-significant defects. A significant defect is one that the party breaching the contract knew or should have known about at the time of concluding the contract and would not have concluded the contract if they had foreseen this defect. In the case of a significant defect, as a consumer, you have the right to have the defect rectified, receive a reasonable discount from the price, or withdraw from the contract. In the case of a defect that is non-significant (regardless of whether it is removable or not), as a consumer, you have the right to have the defect rectified or receive a reasonable discount from the price.
When submitting a complaint, you are obliged to inform the Provider which right you have chosen. A change of choice without our consent is only possible if you requested the rectification of a defect that turns out to be irremediable. If you do not choose your right in the case of a significant defect in time, we will choose it for you, and you will have the same rights as in the case of a non-significant defect.
Once your complaint is received, we will inform you in writing, via email or in written form through postal services, about how we have handled it within the legal deadline of 30 days, in the case of complicated cases, within 60 days. If the end of this period falls on a Saturday, Sunday, or a public holiday, the deadline will expire on the nearest following working day. If the complaint is not resolved by us within this period, you have the same rights as if it were a significant defect.
The complaint is settled when we inform you in writing or by e-mail or in paper form through the postal service provider about its settlement and how it was settled.
A claim may be rejected by the Broker for the following reasons:
it is not a claim applicable to the Broker,
As a consumer you are entitled to reimbursement of the reasonable costs of making a claim, which are understood to be the lowest possible costs, and you should claim these costs, if any, from the Forwarder. You must apply for reimbursement of these costs without undue delay and at the latest within one month of the end of the period for exercising your rights under the defective performance. We reserve the right not to award you the costs, even without having to give reasons. You can obtain information on the pricing regulations regarding the services of the Forwarder directly from the Forwarder.
We like to give the best to our Customers and therefore we recommend that after providing the brokered service, you provide us with feedback to improve our services.
Jeopardy of change of circumstances. The parties hereby assume the risk of a change of circumstances within the meaning of section § 1765 (2) CC, which they expressly accept. The risk of change of circumstances also means that the Broker is not obliged to perform any contract in the event of force majeure.
The Broker reserves the right to refuse any orders and/or to conclude a Contract with the Customer, in particular in the following cases:
The Customer repeatedly sends incomplete or deliberately incorrectly completed reservations and/or orders, or
The Mediation contract (the Contract) concluded between Our Company and You and any disputes arising in connection with or arising out of this Contract shall be finally decided by the general courts of the Czech Republic under the laws of the Czech Republic and shall be governed by Czech law, reverse reference is hereby denied.
In the event of a dispute arising in connection with the Contract between Us and You, if You are acting as a consumer, You have the right to an out-of-court settlement with the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869. Detailed information on the terms of out-of-court dispute resolution is available at www.coi.cz.
If you purchase a service online and you are acting as a consumer, you can use an online dispute resolution platform to resolve the dispute. For more information on the terms and conditions of online dispute resolution, please visit http://ec.europa.eu/odr.
The protection of personal data of Customers who are natural persons is provided by Act No. 101/2000 Coll, 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as "GDPR"). The Customer agrees to the processing of the following personal data: name and surname, residential address, registered office, delivery address, identification number, tax identification number, e-mail address, telephone number and e-mail address, and other personal data, in particular those obtained from social networks, including, if the Customer provides such sensitive personal data (hereinafter collectively referred to as "personal data"). Where this Article 10 of the GTC refers to the User or the Customer, this set also includes natural persons cooperating in any way with the Customer's activities in such a way that such cooperation is related to the performance of any contract and such data is necessary for the performance. The Customer undertakes to procure the consent of such natural persons and to keep it valid and effective (hereinafter referred to as "Persons").
By entering into the Contract, you as the Customer confirm that you understand that we are entitled to process your personal data for the purpose of the performance of the Contract and for the purpose of fulfilling our legal obligations, in particular: name, surname, birth number, type of travel document, travel document number, expiry date of the document, bank account, date of birth, place of residence, e-mail and delivery address, data on allergies, medications and other health problems and other sensitive data communicated to us during the performance of the Contract. All personal data will only be stored for the period of time required by law or as necessary.
For the purposes of the performance of the brokered contract, the information referred to in Article 10.1 will also be provided to the providers of the ordered services to the extent necessary. The identification data of these providers of the ordered services are provided in particular in the brokered contract, the instructions to the brokered contract or will be provided to you at the latest during the provision of the selected service. If the transport is to take place outside the countries of the European Economic Area, you acknowledge that your personal data will be provided to the recipients of personal data in this third country or in another third country. We will provide you with information on whether there is a European Commission decision on adequate data protection as well as information on appropriate data protection safeguards for the transfer of personal data to a third country upon your request.
By entering into the Contract, you acknowledge that Our Company is obliged, to the extent and under the conditions set out in applicable law, to transfer your personal data for the purposes set out in and in accordance with the law.
The above provisions of Article 9 shall apply mutatis mutandis to the persons for whose benefit you have concluded the Contract. By entering into the Contract, you represent that you are authorized to give consents on behalf of such persons, whether by contract or otherwise.
By entering into the Contract, you acknowledge that you have the following rights as a data subject:
To request access to personal data concerning You, their correction or deletion, or You may request a restriction of processing of Your personal data, or raise objections to such processing, as well as the right to data portability.
The exercise of all user rights is subject to the submission of a request to the Customer, who politely points out that his/her activity is bound by legal regulations imposing many obligations. With reference to legal obligations, the implementation of rights may be denied to the Customer. Requests and objections shall be submitted electronically by the User by email to the contact address indicated on the website or on the website of the Broker. The Broker will process the request without undue delay, but no later than within one month. In exceptional cases, particularly due to the complexity of the request, the Broker is entitled to extend this period by another two months. The user will be informed of such an extension and its justification.
The Broker has the right to request reasonable compensation for providing information in accordance with the preceding sentence, not exceeding the costs necessary to provide the information.
The Forwarder is entitled to entrust a third party with the performance of his obligation under the contract but remains liable for its performance as if he had performed it himself. The Forwarder is obliged to ensure the cooperation of all persons who cooperate directly or indirectly with the customer and whose action or inaction has an impact on the performance of the contract.
The Broker is not responsible to the Customer for direct, indirect or consequential damage arising in any way in connection with the Contract, which also applies to third parties. The same applies to damage caused by the Forwarder's goods or services.
In the event that the previous provision does not apply for any reason, the liability in relation to the Customer is limited to the sum of 1,000 EURO in the sum of all claims.
The Broker is entitled to use the trade name, i.e. the name or name of the Forwarder, its logo, registered and unregistered trademark and slogan, coat of arms or emblem, the service or goods purchased by it or its communication regarding the quality of the goods or services for its marketing purposes as a so-called reference, in all types of printed and online (accessible from the Internet) promotional materials and as a reference to public contracts, unless the Contract provides otherwise.
By entering into the Contract, you agree to be served primarily by e-mail communication to the e-mail address specified in the header of these GTC, the cost of Internet and other communication is borne by each Party.
By entering into the Contact, we undertake to act in accordance with the Civil Code of the Czech republic, consumer protection regulations and other legal provisions in the performance of our business activities in order to best protect your interests. The application of commercial practices is excluded according to § 558 of the Civil Code.
By entering into the contract, you acknowledge that you have been advised of these Terms, expressly accept them and confirm that these Terms do not contain any provision that you could not reasonably expect.
These Terms and Conditions are effective from 1 December 2024.
