Transport Terms and Conditions of MODRÝ ANDĚL s.r.o.
MODRÝ ANDĚL s.r.o., Company ID: 27218422, with its Registered Office in Prague 9 - Čakovice, Cukrovarská 33/21, Postal Code 19600
(Hereinafter also referred to as "MA").
1. Introductory Provisions
1.1 MA issues these Transport Terms and Conditions (hereinafter referred to also as "TTC") in accordance with which MA provides the transportation of persons and/or their vehicles, luggage, objects and animal(s) accompanying them, and by which all the legal relationships originating in this manner are governed, including the legal relationships associated and connected with the provision of transport.
1.2 Understood as "Provision of Transport" is MA’s provision of the opportunity for the Customer to conclude a Contract for Transportation with MA's Contractor.
1.3 Understood as "Contract for Transportation" is either (i) a contract for the transportation of passengers and/or (ii) a contract for the transportation of a vehicle and/or (iii) a contract for the transportation of luggage and/or animals, in accordance with the relevant provisions of the Civil Code, and/or a contract for the operation of a vehicle, in accordance with the relevant provisions of the Commercial Code and always in accordance with the wording of these TTC.
1.4 Understood as "Customer" is any person, either natural or legal, for whom MA provides transportation, on the basis of his or her request (booking).
1.6 Understood as "Vehicle" is a vehicle operated by MA or a vehicle of the Contractor of MA, which operates under the trademark of MA.
1.7 Understood as "Driver" is the driver of the Vehicle who is authorised to interact with the Customer in regard to the conclusion of the Contract for Transportation, whether the Driver is a Contractor of MA or an employee of the Contractor of MA.
1.8 Understood as "Contractor" is any legal or natural person who provides transportation services arranged by MA for the Customer.
1.9 Understood as "Transportation" are any transportation services that MA arranges for the Customer on the basis of the Customer's request and that the Contractor of MA provides for the Customer.
1.10 Understood as "Application" is the TAXICHIEF software programme that implements taxi dispatching and acts as an operating centre.
2. The Obligatory Nature of these TTC
2.1 These TTC are obligatory for the Customer and the Contractor from the time when they were first acquainted with them, and/or when they first agreed to them and/or from the first time that the TTC were referred to in regard to any contracting activity involving both parties.
2.2 Though the Customer shall normally refer to transport terms and conditions defined in the GTC, these shall no longer be applicable from the time that the TTC become binding and thereafter these TTC shall be exclusively applicable, unless MA (not the Driver nor the Contractor) expressly gives its written consent to alternative transport conditions (i.e. as defined in the General Terms and Conditions) in place of these TTC.
3. Conclusion of the Contract for Transportation
3.1 The provision of Transportation is arranged by MA for the Customer on the basis of the Customer's request, whether the method of communication between the Customer and MA is in the form of an SMS, email correspondence, a web form, a phone call, or in another manner, and any costs of communication regarding the provision of Transportation shall be borne by each of the parties.
3.2 MA’s provision of an opportunity for the Customer to conclude a Contract for Transportation does not indicate that a Contract for Transportation has been concluded.
3.3 The Contract for Transportation shall be concluded directly between the Contractor and the Customer.
3.4 The Contract for Transportation shall not be considered as having been concluded until the time that the Customer, with the knowledge and consent of the Driver, enters the Vehicle, with the exception that: in the case the transportation of the Customer's vehicle the Contract is concluded by the handing-over of the Customer's vehicle to the Driver.
4. The Essential Conditions of the Contract for Transportation:
I. Responsibilities of the Contractor and/or the Driver
· The Contractor/the Driver undertakes to behave towards the Customer in a polite manner and in good faith.
· The Contractor/the Driver undertakes, in the case of a contract for/at a hotel, that he or she will collect the Customer in person at the Reception Desk, unless it has been agreed otherwise.
· The Contractor/the Driver, if requested to do so by the Customer, is required to assist him/her with the luggage.
II. Obligations of the Customer
· The Customer is required to adhere to the instructions of the Driver in regard to the Transportation and ensuring its safety.
· The Customer is required to use the seat belts in the Vehicle properly during the entire period that the engine of the Vehicle is running, from the time of boarding the Vehicle, i.e. even prior to the Vehicle being in motion at the beginning of the journey, until immediately prior to exiting from the Vehicle, i.e. not before the Vehicle has stopped at its destination.
· If required to do so for operational or any other serious reason, the Customer is obliged, based on the Driver's instruction to leave the Vehicle and if he or she wishes to continue the journey, to board the Vehicle again on the basis of the Driver's instruction.
· During Transportation, to ensure his or her own safety and that of others, the Customer is specifically not permitted to:
- interfere in any manner with the driving of the Vehicle: any intervention by the Customer, the consequence of which causes (or could cause) the commission of an offence against safety or disrupts the free flow of traffic on the road (a traffic violation) and/or a breach of any other legislation, including that related to stopping the Vehicle in places marked with a "No stopping" road sign, or the entry of the Vehicle into places with a "No entry for vehicles" road- sign are regarded as interference with the driving of the Vehicle;
- board or exit when the Vehicle is in motion;
- board a Vehicle that is fully occupied or declared to be so by the Driver;
- occupy or otherwise obstruct the Driver's area;
- obstruct the Driver's view from the Vehicle by making it difficult or impossible;
- open the doors of the Vehicle while it is in motion, or prevent or obstruct their opening or closing;
- activate a security device of the Vehicle without reason;
- smoke and/or eat in the Vehicle;
- use any narcotics or other psychotropic substances;
- stand, kneel, or lie down in the Vehicle;
- place luggage on the seats;
- lean out of the window;
- throw objects out of the Vehicle or allow any objects to protrude from it;
- be noisy, including playing loud music (including recorded sound and speech) or behave badly towards the Driver;
- cause offence or discomfort to other Customers in the Vehicle by his/her actions, clothing or luggage;
- damage the Vehicle.
III. The Cost for Transportation
· The Customer shall pay the cost for Transportation either (i) in cash upon completion of the journey, or (ii) by bank transfer on the basis of an invoice, provided that the cost for Transportation is also stated in the SMS that the Customer will receive following the completion of the Transportation and the Customer is required to agree the cost for Transportation using the authorisation code, or (iii) in some Vehicles as a cashless operation after the completion of the journey, always in accordance with the price list, available through the Information System or posted in the Vehicle
· The Driver will accept cash payments in CZK, EUR, USD, GBP; however payment using a banknote in the denomination of CZK 2,000 or 5,000 should be communicated to the Driver in advance.
5. The Contract for the Transportation of Passengers
5.1 The Driver is entitled to refuse Transportation or to exclude a Customer from Transportation in the event that, on the part of the Customer or of the persons accompanying him or her to the departure point a specific verbal or physical assault on the Driver should take place or damage be caused to the Vehicle or a disturbance of public order, or should the Customer be a person whose appearance indicates a degree of self-neglect that could create a seriously unpleasant environment inside the Vehicle for other passengers or damage items of luggage.
5.2 In the case of international transportation, the Customer shall obtain and carry with him/her all necessary documents (passports, visas, other documents) and also meet all the requirements for entry, transit or for staying in the relevant country, with the proviso that he or she will be obliged to comply with all customs or other legal requirements relating to entry, transit or stay in the territory of another country. Neither MA nor the Driver is responsible for any consequences of a failure to comply with the requirements imposed on the Customer by the foreign authorities concerning his her entry, transit or stay in the territory of the relevant country; the Customer is not entitled to compensation for damages from MA and/or the Contractor/Driver nor to a discount for the Price for Transportation based on denial of entry or of remaining in the territory of another state. The Customer is obliged to pay on demand to the Contractor/Driver all costs incurred by the Contractor/Driver due to his/her failure to meet the specified requirements or the obligatory conditions imposed by the competent authorities of the relevant country for his or her entry, transit or stay. The Customer shall be personally present at the inspection of his or her luggage and belongings, provided that his or her presence is permitted by the competent authorities; MA and/or the Driver shall not be liable for any loss or damage resulting from the fact that the Customer failed to meet the criteria required.
5.3 Children under 18 years of age may be transported only with the consent of their legal guardian. If the Customer does not prove the consent of the legal guardian, the Driver is entitled to refuse to enter into a Contract for Transportation with the Customer.
5.4 A child whose weight is less than 36 kg and whose body height is less than 150 cm can only be transported in a child's car seat, with the proviso that the Customer will undertake to provide a request at least 12 hours in advance for the transportation of children whose weight does not exceed 36 kg and whose body height does not exceed 150 cm in advance,; the above shall not be applicable, however, for the transportation of children in a cab. In the case of the provision of taxi services, the child, however, shall not be transported on the seat beside the driver and must be secured by a safety belt. However, if during the Transportation of the child within a town in a vehicle belonging to the taxi service a child car seat is used, the child must be placed on a seat that is equipped with an airbag that is operational, or if it has been removed from operation automatically, the child must be transported in a child car seat facing the direction of travel.
5.5 Based on prior request the Driver undertakes to provide assistance to Customers with limited mobility or who require special care in regard to their physical or mental condition.
5.6 The Driver is entitled to refuse to enter into a Contract for Transportation with a Customer for whom accompaniment is not provided, if the Customer, in regard to his or her physical or mental condition or age could be placed in danger of serious bodily harm, injury, illness or other mishap.
5.7 The Driver/MA is not liable for force majeure (a traffic accident not attributable to the driver, traffic jams, floods, civil unrest, armed conflicts, war conditions), or if on the basis of the remedying the effects of force majeure, as a consequence of, or on the basis of which a Customer fails to catch a plane, for example.
6. The Contract for the Transportation of Luggage and Animals
6.1 If the Customer has luggage, MA undertakes to arrange the transportation of this luggage either with him or her, under his or her supervision, or separately; if the luggage is transported separately, MA undertakes to arrange its transportation to its destination. The Driver is entitled to refuse to enter into a Contract for the Transportation of luggage (always including its content), that could endanger the safety of persons, property or the Transportation, or of luggage (its content), which because the unsuitable manner of its packing might damage or contaminate passengers, luggage or the Vehicle. In addition, the Driver is entitled to refuse to transport luggage (its content) that can be easily damaged, is fragile and/or valuable (e.g. a crystal chandelier); the Customer is also obliged to properly and clearly warn the Driver of the fragile, or valuable nature of the luggage or its content, otherwise the Contractor/Driver shall not bear any responsibility for any damage that it suffers.
6.2 The Customer is responsible for supervising any of his/her luggages transported in the Vehicle that is not inside the luggage compartment of the Vehicle.
6.3 Objects (or materials) the transport or handling of which may be subject to specific legislation, such as weapons, ammunition, dangerous substances and objects that can cause explosions, fire, damage to a Vehicle, injury, poisoning, burns and disease in humans and/or animals (hereinafter referred to as "Dangerous luggage") may be transported only with the express prior written consent of MA and/or the Contractor. The Customer undertakes to provide notification of the transportation of Dangerous luggage to MA at the time of the request (booking) for the Transportation. Tender in Czech or foreign currency, traveller's cheques or money orders exchangeable for cash, securities payable to bearer or to order, as well as other investment vehicles that are signed, but do not contain the beneficiary's name, or high-value commodities such as precious metals or precious stones, with a total value of CZK 500,000 or higher, may be transported only with the express prior written consent of MA and/or the Contractor. The Customer undertakes to notify the Transportation of the above values to MA at the time of the request (booking) of the Transportation.
6.4 Live animals may be transported only if they provide no threat to the safety of the Driver, passengers or animals, nor to the safety of road users.
6.5 The Customer is obliged to secure an animal that is transported, especially using a harness, leash and muzzle so that it cannot soil passengers, the Vehicle or the luggage and at the same time cannot endanger the Driver or the persons being transported. If the animal is transported in the luggage compartment it must be transported in a sufficiently large space and in a strong box that is designed for the transport of animals with an impermeable base. The Customer is liable for any damage caused by transported animals and luggage to the Vehicle or to the interior of the Vehicles.
6.6 Bicycles, skis, snowboards, strollers, wheelchairs, etc. may be transported only if they cannot cause any damage to other luggage or to the Vehicle, and if there is a sufficient transport capacity in the Vehicle; the Customer undertakes to provide notice of the requirement to transport the above luggage sufficiently long in advance prior to the commencement of the Transportation at the time of the booking of the Transportation.
6.7 Damage, loss, or theft of luggage or of other moveable objects must be clearly communicated by the Customer immediately upon arrival at the destination and/or the place of arrival, i.e. before leaving the Vehicle; at the Customer's request the Driver shall be obliged to issue a written confirmation of the Customer's complaint. Without that written statement the Customer will be unable to apply for any damages. The Driver/MA shall not be responsible for any damage or loss of the luggage transported in the event that such damage or loss is due to the inadequate nature of the packaging of the goods transported or of the luggage itself, the Customer's conduct, force majeure (a traffic accident not attributable to the Driver, a traffic jam, flood, civil unrest, armed conflicts, war conditions), or by the removal of the consequences of force majeure.
7. The Contract for the Transportation of Vehicles
7.1 MA undertakes to provide for the Customer the opportunity to conclude a Contract for the Transportation of the Customer's vehicle (i) by driveaway vehicle transportation or (ii) in accordance with the previously communicated transportation requirements of the Customer.
7.2 Prior to the Transportation the Customer is obliged to submit to the Driver a Certificate of Registration for a motor vehicle and a trailer (a "small technical certificate"). The Customer is obliged to leave the certificate of registration of a motor vehicle (the "small technical certificate") and the proof of liability insurance for any damage caused by the operation of a vehicle at the disposal of the Driver for the period of the Transportation of the vehicle by driveaway vehicle transportation from immediately preceding the time of departure until after the conclusion of the Transportation, i.e. from the place of departure to the place of destination and/or place of arrival. Any expenses incurred associated with the absence of any of these documents shall be borne by the Customer, and he or she shall not be entitled to seek compensation for these damages from MA/Contractor.
7.3 The Customer is responsible for the technical condition of the Vehicle at the time of its delivery for the Transportation. The Customer undertakes to notify in a proven manner the Contractor/the Driver concerning all the relevant facts relating to the technical condition of the vehicle that might endanger the safety of persons, property, or the road, prior to undertaking the actions necessary to initiate the Transportation (journey).
7.4 The Driver reserves the right not to conclude a Contract on transportation of the vehicle with the Customer if the vehicle of the Customer is ineligible for road transport and/or if there are reasonable doubts concerning the viability of the operation of the vehicle on the road. In addition, the Driver reserves the right to not conclude a Contract for the Transportation of the Vehicle with the Customer, if the Customer refuses to cooperate in regard to the findings concerning the technical condition of his or her vehicle.
7.5 In the event of any accident it is necessary to contact the Police. Damage to the Customer's vehicle is covered by the liability insurance of the Contractor; damage caused by the use of the vehicle of the Customer is covered by liability insurance for damage caused by the Customer's vehicle (a compulsory insurance).
7.6 In the event of damage to the Customer's vehicle during transportation, such damage (including its extent) must be demonstrably communicated by the Customer to the Driver immediately after the arrival of the vehicle at its destination and/or place of arrival. In the event that the Customer should fail to notify the Driver immediately after its arrival at its destination or place of arrival, or at latest when accepting the vehicle, that his or her vehicle is damaged, the Driver/the Contractor shall not be liable for the damage to the Customer's vehicle. In the case of any damage to the Customer's vehicle it is necessary to contact the Police. MA/the Contractor shall also not be liable for any damage to the vehicle if the Customer does not give his or her consent to contacting the Police and/or to making a written record concerning the degree of damage to the vehicle of the Customer.
7.7 MA/Contractor shall not be liable for damages caused to the Customer's vehicle by the Customer's own conduct, following the transfer of the vehicle of the Customer, especially when parking his/her own vehicle at the destination of the transportation. MA/Contractor shall not be liable for any loss caused by the payment of fines for traffic violations.
7.8 During the handing-over of the Customer's vehicle at the destination location, the Customer undertakes to provide the Driver with maximum cooperation, and in particular, to accept without delay the return of the key to the Vehicle from the Driver, together with the vehicle registration certificate (a "small technical certificate") and a certificate providing evidencing of insurance against liability for damage caused by vehicles. The Customer is obliged to check whether the Vehicle is locked and the lights are turned off, unless it is agreed otherwise.
8. General Provisions
8.1 The Customer is not entitled to compensation for any damages that might occur in connection with the Transportation and/or based on it, nor in the event that he or she was not transported on time due to a fault that was not on the part of the Driver/Contractor (e.g. a traffic accident, a detour, incorrect instructions by the Customer regarding the direction or route, an impassable road, adverse weather conditions and/or any other unforeseen event, or the remedying of their consequences) or due to the non-functioning of the Application.
8.2 The Driver is entitled not to conclude a Contract on Transportation, or to withdraw from the Contract on Transportation, if the target destination is unreachable or reachable only through extraordinary effort.
8.3 All legal relationships between MA and the Customer are governed by Czech law.
8.4 All legal relationships between the Contractor/the Driver and the Customer are governed by Czech law.
8.5 In regard to any and all disputes between MA and the Customer arising directly or indirectly from the services provided by MA shall be competent a court in the administrative district in which the registered office of MA is located.
8.6 In regard to any and all disputes between the Contractor and the Customer arising directly or indirectly from the services provided by MA shall be competent a court in the administrative district in which the registered office of MA is located.
8.7 The original wording of these TTC was compiled in the Czech language; in the event of any disputed meaning or ambiguity in the interpretation of the text in another language the wording in the Czech language shall always be decisive.
8.8 These TTC are valid and effective as of the 1st August 2011 and are specifically available in the MA Information System and in every Vehicle.