THE INTERMEDIARY'S CONDITIONS OF CARRIAGE

EasyGo a.s.

ICO: 21167851

DIC: CZ21167851

Registered office: Dobřejovice 488, Dobřejovice, 25101

(hereinafter referred to as PMK)

By ordering the service or calling the PMK dispatching centre, you also agree to the processing of your personal data

Introductory provisions

1.1 PMK issues these Conditions of Transport Mediation (hereinafter also referred to as the "Conditions"), on the basis of which it mediates the transport of persons or their vehicles, luggage, goods and animals transported with them, and which govern all legal relations arising in this way, including legal relations related and connected with the mediation of transport.

1.2 Arranging transport means PMK providing the Customer with the opportunity to enter into a contract of carriage by arranging transport by PMK or its contractors.

1.3 "Contract of carriage" means (i) contracts for the carriage of passengers (ii) contracts for the carriage of vehicles (iii) contracts for the carriage of luggage and animals, in accordance with the relevant provisions of the Civil Code, or a contract for the operation of a means of transport, in accordance with the relevant provisions of the Commercial Code, always as amended by these GTC.

1.4 "Customer" shall mean any person, whether natural or legal, to whom PMK arranges transportation on the basis of his/her request (reservation).

1.5 "Information system" means the publicly available information system operated by PMK, whether in the form of a website at www.citytaxi.cz.

1.6 "Vehicle" means a vehicle operated by PMK or its contractual partner operating under the CITY TAXI trademark or operated by PMK.

1.7 "Driver" means the driver of the vehicle who is authorised to deal with the Customer in relation to the conclusion of a contract of carriage between PMK and the Customer.

1.8 "Contractual Partner" means any legal or natural person who provides transport services for the Customer arranged by PMK.

1.9 "Transportation" means the transportation services arranged by PMK for the Customer on the basis of the Customer's request and provided to the Customer by PMK's contractual partner.

1.10 "Application" means the software program for "smart phones" implementing the taxi dispatching and operations centre.

2. Bindingness of the PP

2.1 These T&C shall be binding on the Customers and the Contractor from the time when they first became aware of them and/or when they first agreed to them and/or when they were first referred to in any contracting between the parties.

2.2 Even if the Customer refers to other Conditions of Carriage (General Terms and Conditions) by default, the Customer waives the application of these Conditions of Carriage (General Terms and Conditions) at the moment these Conditions of Carriage (General Terms and Conditions) become binding and therefore these Conditions of Carriage (General Terms and Conditions) shall always apply exclusively, unless PMK (not the Driver or the Contractual Partner) expressly accepts other Conditions of Carriage (General Terms and Conditions) in writing to the detriment of these Conditions of Carriage (General Terms and Conditions).

3. Conclusion of Contracts of Carriage

3.1 The Transportation Arrangement is arranged for the Customer by PMK on the basis of the Customer's request, whether in the form of communication between the Customer and PMK by text message, email correspondence, web form, telephone call or otherwise, with all costs of communication regarding the Transportation Arrangement being borne by each party.

3.2 The provision of the Customer with the opportunity to enter into the Contract of Carriage by PMK does not constitute the conclusion of the Contract of Carriage.

3.3 The Transport Contract is concluded between the Contracting Partner and the Customer.

3.4 The Contract of Carriage is only concluded when the Customer, with the knowledge and consent of the Driver, enters the Vehicle.

4. Essential elements of the Contract of Carriage:

I. Obligations of the Contractual Partner or the Driver

- The Contractor/Driver undertakes to treat the Customer according to the rules of etiquette and the Customer's best belief.

- The Contractor/Driver undertakes to pick up the Customer in person at the reception in the case of a hotel order, unless otherwise agreed.

- The Contractor/Driver undertakes to assist Customers with their luggage if requested by the Customer.

II. Obligations of the Customer

- The Customer is obliged to follow the instructions of the Driver regarding the safety of the Transport and the Transport itself.

- The Customer is obliged to properly use the Vehicle's seat belts at all times when the Vehicle's engine is running, starting from the moment of entering the Vehicle, i.e. before the Vehicle is set in motion at the beginning of the journey, until the moment of exiting the Vehicle, i.e. at the earliest after the Vehicle has finished its journey.

- If operational or other compelling reasons so require, the Customer shall be obliged to alight from the Vehicle at the Driver's instruction and, if the Customer wishes to continue the journey, to board the Vehicle at the Driver's instruction.

- In particular, the Customer shall not be permitted to:

- interfere in any way with the driving of the Vehicle: the Customer's instructions which could result in (could result in) the commission of an offence against the safety and smooth operation of the road (violation of road traffic rules) and/or violation of other legal regulations, in particular requirements relating to the stopping of the Vehicle in places marked with a traffic sign prohibiting the stopping or entering of the Vehicle in places marked with a traffic sign prohibiting the entry of all vehicles, shall be considered as interference with the driving of the Vehicle:

- Getting on or off while the Vehicle is in motion;

- board a Vehicle which is fully occupied or declared occupied by the Driver;

- linger or otherwise interfere with the Driver's space;

- make it impossible or difficult for the Driver to see safely from the Vehicle;

- open the doors of the Vehicle while the Vehicle is in motion or prevent them from opening or closing;

- unreasonably operate the safety devices of the Vehicle;

- smoke or eat in the Vehicle;

- use or take narcotic or other psychotropic substances;

- stand, kneel or lie in the Vehicle;

- place luggage on the seats;

- leaning out of the windows;

- throw objects out of the Vehicle or leave objects sticking out;

- behave noisily, play loud music (including reproduced music or speech) or behave in a manner unbecoming to the Driver;

- pollute other Customers or the Vehicle by their actions, clothing or luggage;

- damage the Vehicle.

III. Price for Carriage

- The Customer is obliged to pay the price for the completed Transportation in cash at the end of the journey, and the price of the Transportation is always indicated in the text message received by the Customer before the commencement of the Transportation.

- The Driver accepts cash payment in CZK and payment in bank notes of CZK 2.000,- and CZK 5.000,- must be reported to the Driver in advance.

5. Contract for passenger transport

5.1 The Driver shall be entitled to refuse the Carriage or exclude the Customer from the Carriage if the Customer or persons accompanying him/her to the place of departure, in particular, verbally or physically assault the Driver or damage the Vehicle, disturb public order, or if the Customer is a person whose appearance indicates general negligence capable of soiling the Vehicle or the persons or luggage being transported.

5.2 In the case of international transport, the Customer is obliged to obtain and carry with him/her the necessary documents (passports, visas, other documents) and at the same time to fulfil all conditions for entry (entry), transit or stay in the country concerned, while being obliged to comply with any customs or other legislation regulating entry (entry), transit or stay in the territory of another country. PMK and/or the Driver shall not be liable for the consequences of the Customer's failure to comply with the requirements imposed by the authorities of the foreign state on the Customer's entry (entry), transit or stay in the territory of the state concerned; the Customer's refusal to enter (enter) or stay in the territory of another state shall

entitle the Customer to compensation against PMK and/or the Contractor/Driver or to a discount on the price of the Carriage.

The Customer is obliged to reimburse the Contracting Partner/Driver, upon request, for any costs incurred by the Contracting Partner/Driver due to his/her failure to comply with the obligations prescribed or required by the competent authorities of the country concerned regarding his/her entry (entry), transit or stay. The Customer shall be obliged to be present in person for the inspection of his/her luggage and belongings, if his/her presence is permitted by the competent authorities; PMK and/or the Driver shall not be liable for any loss or damage resulting from the Customer's failure to comply with the above condition.

5.3 Children under the age of 18 may only be transported with the consent of a legal guardian. If the Customer does not provide proof of the consent of the legal representative, the Driver is entitled to refuse to conclude the Contract of Carriage.

5. 4 Children whose body weight does not exceed 36 kg and body height does not exceed 150 cm shall be transported only in a child car seat, provided that the Customer undertakes to notify the request for transport of children whose body weight does not exceed 36 kg and body height does not exceed 150 cm well in advance, but at least 12 hours in advance; the above does not apply to the carriage of children in the municipality in a taxi vehicle when operating a taxi service, but the child must not be transported on the seat next to the driver and must be wearing a seat belt.

However, if a child car seat is used when transporting a child in the municipality in a taxi vehicle, the child must be placed in a seat that is equipped with an airbag that has not been deactivated or, if it has been deactivated automatically, the child must not be transported facing the direction of travel in the child car seat.

5.5 For customers with reduced mobility requiring special care due to their physical or mental condition, the Driver undertakes to provide assistance upon prior request.

5.6 If no escort is provided for a Customer who, due to his physical or mental condition or age, may be at risk of serious bodily harm, injury, illness or other damage to health, the Driver is entitled to refuse to conclude the Contract of Carriage.

5.7 The Driver / PMK shall not be liable for force majeure (traffic accident, traffic jam, flood, civil unrest, armed conflict, state of war) or for the removal of the consequences of force majeure, on the basis of which or as a result of force majeure, e.g. "the Customer's plane flies away".

5.8 By ordering a taxi vehicle, the Customer agrees to PMK sending promotional sms.

6. Contract for the transport of luggage and animals

6.1 If the Customer has luggage, PMK undertakes to arrange for the transport of the luggage either together with the Customer and under the Customer's supervision or separately; if the luggage is transported separately, PMK undertakes to arrange for the transport of the luggage to its destination. The driver shall be entitled to refuse to conclude a contract for the carriage of the luggage (always including it contents) that could endanger the safety of persons, property or the Transport, or luggage (their contents) that may damage or contaminate the persons, luggage or Vehicle being transported due to improper packaging. Furthermore, the Driver is entitled to refuse to transport luggage (its contents) that is easily damaged, fragile or valuable (crystal chandelier, etc.); the Customer is also obliged to duly and demonstrably warn the Driver of the easily damaged, fragile or valuable nature of the luggage or its contents, otherwise the Contractual Partner/Driver shall not be liable.

6.2 The Customer is responsible for the supervision of the Baggage carried in the cab of the Vehicle outside the luggage compartment of the Vehicle.

6.3 Items (substances) the transport or handling of which is subject to special legislation, such as weapons, ammunition, dangerous substances and objects which may cause explosion, fire, damage to the Vehicle, injury, poisoning, burns and illness to humans and animals (hereinafter referred to as "Dangerous Baggage"), may only be transported with the express prior written consent of PMK/a or the Contractual Partner. The Customer undertakes to notify PMK of the carriage of Dangerous Goods as part of the Transportation request (reservation). Payments in Czech or foreign currency, traveller's cheques or money orders convertible into cash, bearer or series securities, as well as other investment instruments that are signed but do not contain the name of the payee, or high-value commodities, such as in particular precious metals or precious stones, with an aggregate value of CZK 500,000 or more, may only be transported with the express prior written consent of PMK and/or the Contractual Partner. The Customer undertakes to notify PMK of the carriage of the aforementioned values as part of the request (booking) for the Carriage.

6.4 Live animals may only be transported if the safety of the Driver, the persons or animals being transported and the safety of road traffic is not endangered.

6.5 The Customer is obliged to secure the animal being transported so that it does not contaminate persons, the Vehicle or luggage and at the same time does not endanger the Driver and the persons being transported, in particular with a harness, leash and muzzle. If the animal is transported in the luggage compartment, it must be transported in a sufficiently large and sturdy box with an impermeable bottom, which is designed for the transport of animals. The Customer shall be responsible for any damage caused to the Vehicles or inside the Vehicles by the animals and luggage transported.

6.6 Bicycles, skis, snowboards, strollers, wheelchairs, etc. may be transported only if there is no damage to other luggage or the Vehicle and if the capacity of the Vehicle is sufficient; the Customer undertakes to notify the request for the transport of the above-mentioned luggage well in advance of the commencement of the Carriage within the framework of the reservation of the Carriage.

6.7 Damage, loss, theft of Baggage or other movable items must be demonstrably notified by the Customer immediately upon arrival at the destination and/or termination point of the Carriage or before leaving the Vehicle; upon the Customer's request, the Driver shall respond to the Customer in writing. No claim for damages can be made by the Customer without a written statement. The Driver/PMK shall not be liable for damage to or loss of the luggage transported in the event that the damage or loss occurs as a result of the inadequate (unsuitable) nature of the packaging of the transported item or the luggage itself, the Customer's actions, force majeure (traffic accident not caused by the Driver, traffic jam, floods, civil unrest, armed conflicts, states of war), or as a result of the removal of the consequences of force majeure.

7. General provisions

7.1 The Customer shall not be entitled to compensation for damages in connection with and on the basis of the Carriage if the Carriage was not transported on time due to a reason not caused by the Driver/Contractor (e.g. traffic accident, detour, improper direction or route instruction of the Customer, impassable road, calamity and other unforeseeable events or their consequences) or non-functioning of the Application.

7.2 The Driver is entitled not to conclude a contract of carriage or to withdraw from a contract of carriage already concluded if the destination is unreachable or only reachable with extraordinary effort.

7.3 All legal relations arising between PMK and the Customer are governed by Czech law.

7.4 All legal relations arising between the Contracting Partner/Driver and the Customer shall be governed by Czech law.

7.5 For all disputes between PMK and the Customer arising directly or indirectly from services provided by PMK, the court in whose district PMK's registered office is located shall have local jurisdiction.

7.6 For all disputes between the Contractual Partner and the Customer arising directly or indirectly from the services provided by PMK, the court in whose district the registered office of PMK is located shall have local jurisdiction.

7.7 The wording of these T&C is in the Czech language; in the event of a dispute or ambiguity in the interpretation of the wording in other languages, the wording in the Czech language shall always prevail.

7.8 These T&C are valid and effective as of 1 August 2011 and can be viewed in particular on the PMK Information System.

TERMS AND CONDITIONS

I. Basic Provisions

1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")

Po městě, kamkoliv s.r.o.

IČ: 09666249, DIČ: CZ09666249

registered office: Na návsi 392, Herink, 25101 Herink

registered at the Municipal Court in Prague under file no.: C 340036/MSPH

email: operator@pomestekamkoliv.cz

phone: +420257257257

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a contract of carriage outside of his business activity as a consumer or within his business activity (hereinafter: "Buyer") through the web interface located on the website (hereinafter: "Online Shop").

3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

4. These terms and conditions and the contract of carriage are concluded in the Czech language.

II. Information on services and prices

1. Information about the services, including the prices of the individual services and its main features, is given in the price list of services. The prices of the services are inclusive of all related fees and costs.

III. Ordering and conclusion of the purchase contract

1. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer. These costs do not differ from the basic rate.

2. The buyer orders the service in the following ways:

a) by electronic order

(b) a contract of carriage

3. When placing an order, the buyer selects the service.

4. Before the order is sent, the buyer is allowed to check and change the data he/she has saved in the order. The Buyer shall transmit the order to the Seller via a self-service kiosk or by signing a shipping contract at the Seller's counter. The information provided in the order is deemed correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he/she has read these Terms and Conditions.

5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order. This confirmation is automatic and shall be deemed to be the conclusion of the contract. The contract of sale is only concluded after the buyer has entered the vehicle. Notification of receipt of the order is delivered to the Buyer's telephone number or the Buyer's email.

6. In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller shall inform the Buyer by telephone at the number indicated. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by the Buyer's confirmation.

 

7. All orders accepted by the Seller are binding. The Buyer may cancel an order if the vehicle is not delivered to the Buyer's pick-up address within a reasonable time.

IV. Payment Terms

1. The Buyer may pay the price of the services and any costs associated with the delivery of the services under the Purchase Agreement in the following ways:

in cash

cashless by credit card,

2. In case of cash payment, the purchase price is payable at the conclusion of the order.

3. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

4. the service is delivered to the buyer at the address specified in the order.

5. The choice of delivery method is made during the ordering of the service.

6. The Seller issues a tax document to the Buyer. The tax document is sent to the buyer's email address.

V. Rights from defective performance

1. The Seller shall be liable to the Buyer that the Services are free from defects. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the Service:

the service has the characteristics agreed between the parties and, in the absence of agreement, has the characteristics advertised by the seller.

the service is fit for the purpose for which a service of that kind is normally used,

the service conforms in quality or workmanship if the quality or workmanship was determined by reference to an agreed sample or pattern,

the service is in adequate quantity and measure and complies with the requirements of the legislation.

2. In the event of a defect, the buyer may submit a claim to the seller and demand a reasonable discount on the purchase price.

3. A material breach of contract is one that the breaching party knew or should have known at the time of entering into the contract that the other party would not have entered into the contract if it had foreseen the breach.

4. In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.

5. When making a claim, the buyer is obliged to tell the seller what right he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

6. If the seller proves that the buyer knew about the defect in the service before acceptance or caused it himself, the seller is not obliged to satisfy the buyer's claim.

7. The buyer cannot claim discounted services for the reason for which the service is discounted.

8. The Seller or an employee authorized by him shall decide on the claim immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of service required for a professional assessment of the defect. The complaint, including the rectification of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the buyer's expression of will (exercise of the right of defective performance) reaches the seller.

9. The Seller shall inform the Buyer in writing of the outcome of the complaint.

10. The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the service that the service was defective or if the Buyer caused the defect.

11. The buyer has the choice of the method of claim.

12. The rights and obligations of the contracting parties with regard to rights from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's Complaints Regulations.

VI. Final provisions

1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the contract of carriage contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This shall be without prejudice to the rights of the consumer under generally binding legislation. 2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

2. The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online shop in an unauthorised manner and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.

3. The contract of carriage, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

4. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These terms and conditions shall take effect on 25.6.2023

Payment Gateway Operator:

The Pay s.r.o.

Masarykovo náměstí 102/65, 586 01 Jihlava

ID: 28135261 DIC: CZ28135261