TERMS OF SERVICE
Standard Business Terms and customer information
1. INTRODUCTORY PROVISIONS
1.1 The parties (Lessor and Lessee) agree that these General Terms and Conditions (hereinafter referred to as "GTC") shall be binding for all legal relations that will arise between them in the future and for all individual lease agreements that will be concluded between the parties in the future. These terms and conditions shall be deemed to be known to the other party if they have already become part of the contract, order or handover report concluded or transmitted between the parties or if the Lessor has already referred to them via an internet link. Furthermore, the contracting parties shall be deemed to have agreed on the use of the GTC and to have familiarised themselves with their content.
2. FORMATION OF THE AGREEMENT
2.1 The proposal for the conclusion of the contract (hereinafter referred to as the "order") is a written document. An order shall also be deemed to be in writing if it is made electronically by email or text message. A proposal to conclude an order may also be made by telephone conversation.
2.2.An individual order is validly concluded at the moment when the authorized person of the Lessor confirms the receipt of the order in writing, electronically or by telephone. The order shall be deemed to be concluded if there are no objections from the Lessee to the confirmed order within 2 working days, but at the latest by the required date of delivery of the inventory and at least 8 hours before the actual delivery. Any additional changes made by the Hirer to an already confirmed order shall be deemed to be a cancellation of the original order and a new confirmation including delivery times shall be issued. In the event that the rental agreement or order is not accepted by the lessor within 2 working days of delivery, it shall be deemed to be cancelled.
2.3 The contract is also validly concluded if the Lessee personally appears at the Lessor's premises, verbally places the order, takes delivery of the ordered inventory or arranges a delivery date and subsequently signs the delivery note or order and accepts the tax receipt, if issued.
3. DELIVERY CONDITIONS
3.1 The Lessor is obliged to deliver the inventory/goods in the quantity, quality and design according to the concluded rental agreement or order.

3.2 The inventory/goods shall be delivered in packaging suitable for the agreed type of inventory/goods and in accordance with the agreed transport conditions. The costs of packaging shall be borne by the Lessor.
3.3 Inventory/goods will be delivered according to the delivery terms specified in the contract. In the event that these are not included in the contract, the inventory/goods shall be delivered in accordance with these terms and conditions and the conditions set out in the law. The document proving the delivery of the inventory/goods is the delivery note, which the Lessee is obliged to confirm and hand over to the Lessor or an employee designated by the Lessor upon collection/acceptance of the inventory/goods or to deliver to the Lessor without undue delay after collection of the inventory/goods. In cases where part of the Lessor's obligation under the Contract is to provide transport of the goods to a specific location, the document proving delivery of the inventory/goods shall be a transport document certified by the Lessee or a person authorized by the Lessee. If the Lessor is not obliged to transport the inventory/goods or to arrange for transport, the proof of delivery of the inventory/goods shall be the transport document issued by the Lessee or the carrier and handed over to the Lessor upon collection/loading of the inventory/goods.
3.4 The Lessor undertakes to deliver the inventory/goods to the Lessee undamaged, clean and, if required, with instructions for use, see Article VII. of these GTC.
3.5 The Lessee is obliged to take all actions necessary to enable the Lessor to deliver the ordered inventory/goods according to the agreed conditions.
3.6 In the event of the Lessee's default in payment of any obligations due to the Lessor, the Lessor shall be entitled to suspend delivery of the inventory/goods until the situation is resolved.
3.7 Both parties shall be entitled to suspend the performance of their obligations for as long as circumstances precluding liability (hereinafter referred to as "Force Majeure") persist. The parties agree that for the purposes of the contract, Force Majeure shall be deemed to include lockouts, strikes, epidemics, fire, natural disasters, war, embargoes, state (EU) measures including anti-dumping and events of a similar nature independent of the will of the parties. The Party claiming force majeure must immediately notify the other Party in writing and take all measures to mitigate the consequences of its failure to comply with its obligation. In the event of force majeure lasting for more than 3 months, both parties are obliged to resume negotiations on the terms of the contract. A Party shall not be entitled to compensation for damage caused to it as a result of force majeure.
3.8 If the Lessor's obligation includes transporting the inventory/goods to the Lessee, the Lessee is obliged to provide the Lessor with written transport instructions for transporting the inventory/goods to the destination as part of the negotiation of the terms of the contract, unless the parties agree otherwise. The transport instructions shall include all information necessary for the transport of the inventory/goods, in particular the identification of the consignee and the place of unloading of the inventory/goods, the working hours for the receipt of the inventory/goods, the specification of public holidays and other restrictions on the receipt of the inventory/goods by the consignee. In the event that the Lessor does not receive transport instructions, the Lessor shall be entitled to postpone the date of delivery of the inventory/goods without this constituting a breach of contract on its part. If the transport instruction is incomplete or inaccurate, the Hirer shall be liable to pay any additional costs and damages incurred by the Lessor as a result.
3.9 The Lessor shall be entitled to make partial deliveries of inventory/goods as well as to fulfil the delivery before the agreed delivery date of the inventory/goods.
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4. PAYMENT TERMS
4.1 The price for the rental of the inventory/goods (hereinafter referred to as "price") is set as contractual within the meaning of Act 526/1990 Coll., on prices and is specified in the confirmed order (framework/rental contract).
4.2 The price is exclusive of VAT, which is charged separately in accordance with applicable law.
4.3.The rental price is payable upon delivery of the inventory/goods to the Lessee on the basis of the Lessor's invoice - tax document, with a due date of 14 days from the date of the invoice, unless a longer due date is indicated on the invoice - tax document. In the case of an advance payment arrangement, the Lessor shall issue an advance invoice, due on the date of issue, prior to delivery of the inventory/goods under the Contract, which shall not be considered a tax document. After payment has been made, the Lessor shall issue a tax receipt for the payment received and the inventory/goods shall be shipped to the Lessee. In the case of shipment of inventory/goods by a third party (meaning a contractual carrier), the date of the taxable transaction is the date of delivery of the inventory/goods to the carrier, the delivery note together with the tax document will be part of the documentation for the inventory/goods. The lessee will be informed of the shipment by email or telephone. If there is a Framework Contract between the Lessor and the Lessee for the rental or delivery of inventory/goods, the price is payable according to the terms of the relevant contract.
4.5 The price will be paid by bank transfer order to the bank account of the Lessor indicated on the invoice (contract or order). The price is deemed to be paid at the moment of crediting the amount of money to the Lessor's bank account.
5. PENALTY CLAUSES
5.1 In the event of default in payment of a due obligation, the Lessor shall be entitled to claim a contractual penalty of 0.5% of the amount due for each day of delay for each day of delay.
5.2 In the event of default by the Hirer in returning the catering equipment, the Lessor shall be entitled to a contractual penalty of 0.5% per day of the total rental value of the catering equipment provided. In addition to the contractual penalty pursuant to the preceding sentence, the Lessor shall be entitled to compensation against the Lessee for all damages and lost profits incurred, as well as for provable costs associated with the recovery of the claim.
5.3.In the event that the invoiced amount is not paid to the account of the Lessor even after a further 5 calendar days (from the above-mentioned due date), the Lessor is entitled to entrust a third party with the recovery of any claim against the Lessee arising from the Framework Agreement or these GTC. In the case of debt collection by a third party, the Lessee is obliged to pay the Lessor the costs of EUR 20 (VAT excluded) associated with each written, telephone (including SMS message calling for payment sent via mobile network) or e-mail reminder, with a maximum of six (6) reminders charged in this way.
5.4 With respect to the Lessor's performance and obligations to third parties, the Parties consider the contractual penalty and penalty fees to be justified and reasonable.
5.5 In the event that the Lessor becomes aware of information about circumstances that may reduce the credibility of the Lessee (poor payment record, liquidation, insolvency petition, circumstances indicating over-indebtedness, etc.), it shall be entitled to call upon the Lessee to immediately pay all obligations arising from invoices already issued, regardless of their due date; the Lessee shall be obliged to pay such obligations within 3 calendar days from the date of delivery of the call. The Lessor shall also be entitled in such a case to demand payment of the price in advance for all outstanding deliveries, irrespective of the payment terms already agreed.
6. RIGHTS AND OBLIGATIONS OF THE LESSEE
6.1 On taking delivery of the hired catering equipment, the Hirer or the person taking delivery of the catering equipment on behalf of the Hirer shall confirm the Handover Report by: date, time and handwritten signature.
6.2 The Hirer, or a person authorised by the Hirer, shall immediately inspect the inventory being taken over.
6.3 By signing the handover protocol, the Lessee confirms that he/she accepts the rented catering equipment in a condition suitable for normal use. The hirer undertakes to ensure that the hired catering equipment is treated with care so that it is not damaged in any way and that it is returned properly and in a timely manner at the pre-agreed time and place of return.
6.4 The Hirer acknowledges that it is fully responsible for any damage to the hired catering equipment from the time of receipt until acceptance by the Hirer.
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7. RIGHTS AND OBLIGATIONS OF THE LESSOR
7.1.Upon taking delivery of the returned inventory, the Lessor or his/her authorized employee is obliged to: - check the rented furniture: check the number and possible damage and quantify any damage caused by loss, damage or breakage;
- glassware: check the number and quantify any damage caused by loss or breakage. The exception is cutlery, which is first washed and then counted, after which any damage will be quantified by the Lessor.
- In the event of the occurrence of non-washable soiling, the Hirer agrees to pay 100% of the damages incurred.
7.2 Subsequently, the Lessor shall send the Lessee the aforementioned numbers of returned items and the quantification of damages for the Lessee to comment on whether the Lessee has possibly failed to find any items not yet returned.
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8. FINAL PROVISIONS
8.1 The Lessee is obliged to notify the Lessor in writing within 14 days of a change in important information about his/her person, in particular a change of address, name or company name, bank account from which payments are made, dissolution of the company, its merger or amalgamation with another company, any other changes in the commercial register, entry into insolvency proceedings, etc. The Lessee is responsible for ensuring that the Lessor always has its exact address for mail delivery.
8.2 For disputes arising out of these GTC, the court at the place of the Lessor's registered office shall have local jurisdiction.
8.3 The parties agree that the legal relationship established by these GTC shall be governed by the Civil Code as amended.
8.4 As far as possible, all provisions of these GTC shall be interpreted so as to be valid and effective according to the law applicable to these GTC. In the event that any provision of these GTC is invalid or unenforceable under the applicable law, the validity and enforceability of the remaining provisions shall not be affected; in such event, the parties shall negotiate in good faith to amend or supplement these GTC to achieve the purpose of these GTC despite the invalidity or unenforceability of that provision.
8.5 The Parties acknowledge that they have duly read these GTC, that they fully understand them and that they consider all provisions of these GTC to be balanced and fair.