Terms and Conditions - Transport

General Terms and Conditions

1. Introductory provisions

1.1 Wherever in this document any of the terms referred to in this clause below shall have the meaning defined herein. Terms defined in other documents forming part of the Contract for Services (in particular the Order Form and TRACES) shall have the meaning defined in those other documents.

Provider - means the live animal transporter, and wherever other documents forming part of the Services Contract (including but not limited to the Order Form and TRACES) refer to the Provider, it means the natural person, Bc. Ivana Štinglová, DiS, with registered office at Plechamr 290, Postcode 391 65, Bechyně, ID No.: 76243397, Trade license authorized by the Municipal Office of Tabor on 1 April 2008 under No.: OŽ/186/2009/JV/6;
User, customer - means a user who has opted for the use of the Services and which are provided by the respective Provider, its agent or delegated to another carrier - third party;
Price Lists - means the documents containing the prices for the Services (or the method of determining them) and other related benefits that may be charged to the User;
Services - means the supply of Services as specified on the Website;
Contract for Services - means the contractual relationship that established the obligation to provide the Services, whereby for:
(a) a Master Services Agreement has the same meaning as the term Agreement. This agreement is in writing and is

or oral;

Agreement - means:
(a) a master cooperation agreement entered into by the User and the Provider, the subject matter of which is

(i) arranging for the conclusion of a Contract for Services between the User and the relevant Provider;

(ii) the general negotiation of the contracting process for Service Contracts and the general negotiation of the terms and conditions for the provision of

Services;

(b) a framework contract for the provision of Services entered into by the User and the Provider, the purpose of which is to set out the terms and conditions of

for the provision of the Services from the Provider's offer to the User and the determination of the rights and obligations of the parties to this

related to the provision;

ExOP - means third party terms and conditions, terms and conditions and binding price lists, which may also govern the relevant Contract for Services or provision of Services;
Website - means the website https://www.equiraj.cz/ or https://www.mylusitano.cz;
1.2 The object and purpose of these GTC is to regulate the mutual rights and obligations of the Provider and the User in the provision of and in connection with the Services. These GTC are an integral part of each Contract for the Services. If the relevant Contract for Services or the GTC so provides, other terms and conditions, in particular the ExOP, may also be part of it.

1.3 If more than one contractual relationship is necessary for the proper provision of the Services, then any third party that the Provider authorizes may be a party to any of them.

1.4 In view of the efforts to improve the Services provided, changes and developments in the legal order, the Provider is entitled to unilaterally change the Terms and Conditions and Price Lists. If the existing User does not reject the proposal to change the Terms and Conditions and Pricelists, it shall be deemed to have accepted the proposal to change. If the User rejects the proposal for change, the User shall be entitled to the original performance.

1.5 In connection with the provision of the Services, the personal data of Users is processed and the personal data of other persons, such as the User's employees or other persons cooperating with the User, may also be processed. All information and details about the identity of the controller, the purposes of the processing and the legal basis for the processing, the controller's legitimate interests, if any, the potential recipients of the personal data and how data subjects can exercise their rights are available in the document entitled "Privacy and Personal Data Protection Policy", available on the Website

2. Establishment of the contractual relationship

2.1 The Service is provided on the basis of a Contract concluded between the Provider and a natural or legal person with legal capacity, the User. The Contract may also be concluded by means of distance communication (e.g. by telephone, electronic mail, Internet, etc.) or by other means.

2.2 The contract shall be concluded in written or oral form. The contract shall be concluded:

(a) by signing the order form; or

(b) by means of distance communication; or

(c) in writing at a personal meeting

An order in writing shall be drawn up in duplicate, one for each of the contracting parties. However, an order may also be concluded by means of distance communication (e.g., in particular by telephone, e-mail, Internet, etc.) or by other means, in accordance with the foregoing. An orally concluded contract requires written confirmation by means of distance communication (in particular by means of a confirmation text message or an e-mail sent by e-mail), but such confirmation is not required if the performance has been provided.

2.3 The contract for the provision of services is concluded at the time of signing the order form or, in the case of an oral contract, at the time of written confirmation of the contractual consensus by means of distance communication. A contract concluded by means of distance communication shall be deemed to be concluded at the moment when the date of transport is firmly agreed and the addresses from where the service is to be performed are communicated.

2.4 The contract for the Services is concluded in the manner described above. Unless otherwise stated, the Contract for Services is concluded at the latest at the moment when the respective Service is used by the User.

2.5 By entering into a contractual relationship pursuant to Article 2, Clauses 2.1, 2.2 and 2.3 and 2.4, the User confirms that he/she is familiar with the subject Terms and Conditions, understands their content, and agrees to their application to the relationship. The Provider and the User undertake to comply with these General Terms and Conditions. The User shall be liable to the Provider for damages incurred as a result of providing false information.

3. Description of services

The services provided are:

3.1. transport of the animal, which means enabling the loading, transport and folding of the animal using a special carrier and its equipment, which is designed for the transport of animals.

3.2 Other acts and performance ordered and accepted by the Provider.

4. Rights and obligations of the parties

4.1 On the basis of the contract, the provider is obliged to transport the animal to the place of loading at the agreed time according to the current traffic situation. The place of loading shall be the place designated by the User.

4.2 The Provider is obliged to provide all services with professional care. The Provider is obliged to act with due care, but is not liable for any further deterioration of the animal's health due to force majeure, its current health condition or other damage caused by the animal's behaviour (e.g. self-injury, etc.).

4.3 The User declares that he/she is aware of the legislation on protection, in particular the legal requirements imposed on the transport of an animal in poor health. He/she further declares that he/she is aware of the sanctions imposed by law in case of violation of the regulations for the protection and transport of animals.

4.4 If during the transport the health condition of the animal deteriorates to such an extent that it would be useless and the transport of the animal would be cruelty according to Article 4(1) and (2) and Article 4(1)(m) of Act No. 246/1992 Coll., on the Protection of Animals against Cruelty, as amended, the Provider shall not have the right to ensure the killing of the animal without the consent of the owner. Qualified euthanasia is only within the competence of the called veterinarian.

4.5 The User acknowledges the fact that if cruelty occurs according to Section 4 (1) and (2) and Section 4 (1) (m) of Act No. 246/1992 Coll., on the Protection of Animals against Cruelty, as amended, and refuses to have the animal competently put down, he/she may commit an administrative offence, which will be reported to the competent administrative authority.

4.6 The Provider has the right to refuse, deny or stop performance where there is a risk of being in breach of the law.

4.7 The User is obliged to pay for the ordered service according to Article 5. He is also obliged to pay the actual costs and cancellation fee according to Article 5 in case of a futile trip. In addition, a cancellation of a carpool is considered a futile trip, since in the case of a carpool, the cost of the trip is shared by several participants.

5. Price and payment terms

5.1 The User undertakes to pay the agreed price for the Services provided. The price is set according to the Provider's Price List. The current Price List is published by the Provider on its website www.equiraj.cz or www.mylusitano.cz . The User confirms that he/she has read and agrees to the Price List as effective on the date of conclusion of the Agreement. By paying the price for the ordered Service, the User reconfirms that he/she has accepted the wording of these Terms and Conditions.

5.2 The Provider shall be billed by the User for the services performed in accordance with the Price List. The User shall pay the price agreed by the parties no later than on the day of transport of the animal. Tax documents are always due on the due date indicated on the tax document or advance payment slip. These documents are handed over at the time of payment of the agreed price.

5.3 If the User is in default in payment of the price for the Services, he/she shall pay the Provider interest on the overdue amount at the rate of 0.5% of the amount due for each day of delay.

5.4 Unless otherwise agreed, the price for transportation is payable in cash, immediately after unloading the animal(s).

5.5 For transports with a budget of over CZK 8,000 we require a deposit (https://www.podnikatel.cz/zakony/novy-obcansky-zakonik/f4584652/) in advance of 50% of the estimated price for the transport of the live animal/animal, unless otherwise agreed.

In case the User uses a carpool, i.e. a partial load of the route in order to reduce his/her own costs, he/she undertakes to pay a deposit of 80% of the estimated price as a guarantee that he/she will use this service and will not block other passengers. In both cases, the advance payment will be used as a partial reimbursement of the transport price and will be deducted from the final price. In the event of cancellation of the carriage by the carrier for any reason, the deposit will be refunded in the amount received, not otherwise.

5.6 The final price means the total cost incurred by the User during the course of the service. In the case of advance payment of the deposit, which is incurred under the terms and conditions published in clause 5.5, other extra costs such as road tolls, tolls, vignettes, accommodation for drivers and horses, etc., which had to be used during the provision of the Service, will be subsequently added to the estimated price for the Service.

5.7 Force Majeure excludes the right to claim contractual penalties against the party affected by it. The party claiming force majeure must immediately notify the other party of this fact and take all reasonable measures to mitigate the consequences of its failure to fulfil its obligations.

6. Liability for damages

6.1 The User is further liable for all intentional and unintentional damage caused by the use of the Service provided. The Provider shall be entitled to claim compensation from the User for damages caused directly by the User, by a person authorised by the User or by animals transported, including loss of profit. Compensation for damages means, in particular, damage to the Provider's or ExOP's property, in particular damage caused by the behaviour of the transported animal or animals, as well as damage caused to third parties in a causal connection.

7. Dispute resolution, applicable law

7.1 The Parties shall make every effort to resolve any disputes arising between them in connection with the performance of this Agreement amicably. Disputes shall be decided by a court of competent jurisdiction according to law.

7.2 All legal relations of the Parties arising under the Agreement or in connection with the provision of the Services hereunder shall be governed by Czech law to the exclusion of conflict of laws rules.

8. Protection of personal data

8.1 The protection of personal data of the User, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

8.2 The User agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").

8.3 The User agrees to the processing of the personal data of the carrier for the purpose of exercising the rights and obligations under the contract of carriage. Unless the User chooses otherwise, the User also consents to the processing of personal data by the carrier for the purpose of sending information and commercial communications to the User. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of a transport contract.

8.4 The User acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the carrier without undue delay of any change in his/her personal data.

8.5 The Carrier may entrust a third party as a processor to process the User's personal data. Except for persons providing replacement transport, personal data will not be transferred by the carrier to third parties without the User's prior consent.

8.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

8.7 The User confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.

8.8 In the event that the User considers that the carrier or processor (Article XII.5) carries out a processing of his/her personal data which is contrary to the protection of the User's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the User may:

8.8.1 ask the Provider or the Processor for an explanation,
8.8.2 request that the Provider or the Processor remedy the situation so arising.

8.9 If the User requests information about the processing of his/her personal data, the Provider is obliged to provide him/her with this information. The Provider has the right to demand a reasonable fee for the provision of information according to the previous sentence, not exceeding the costs necessary to provide the information.

9. Final provisions

9.1 Legal relations in the provision of the Services shall be governed by the Agreement, these Terms and Conditions, any special terms and conditions applicable to particular types of Services, laws and other legal regulations. The provisions of the Contract shall prevail over the contents of these Conditions. The provisions of any special terms and conditions relating to particular types of Services shall prevail over the contents of these Conditions, but such provisions must be made in writing or confirmed in writing by means of distance communication if performance by the Provider has not already taken place.

These Terms shall take effect on 1 January 2024.