of Transplan Ltd., with its registered seat of business at Prague 10 - Hostivař, Sáňkařská 909/14, postal code 102 00, company identification number: 24840432, company registered in the Commercial Register of the Municipal Court in Prague, section C, insert 179258.
1.1. The General Terms and Conditions (hereinafter referred to as the “GTC”) of Transplan Ltd., (hereinafter referred to as the “Provider”) govern the rights and obligations of contractual parties when concluding mandate agreements between the Provider and other physical entities (hereinafter referred to as the “Client” and the “Agreement”) as per the provisions of § 273 of the Act No. 513/1991 Coll., the Commercial Code as amended (hereinafter referred to as the “Commercial Code”). The Agreement concerns provisioning of consultancy and data processing related to claims for financial compensation within the meaning of the Directive (EC) 261/2004 (hereinafter referred to as the “Claim”) for the Client in the amount the Client is entitled following the aforementioned legal regulation and/or provisioning of other complementary services by the Provider for the Client (hereinafter collectively referred to as the “Services” or individually referred to as the “Service”).
1.2. Differing provisions in the Agreement shall take precedence over the provisions of GTC.
1.3. Provisions in GTC constitute an integral part of the Agreement.
2.1. The party interested in making use of the Provider ́s Services shall fill in the Application for preliminary assessment of the Claim (hereinafter referred to as the “Application”) that can be found at the following web addresses: http://www.skyplan.cz, http://www.skyplan.eu or http://www.nahrady.cz (hereinafter referred to as the “Provider ́s web site”). The data provided by the Client in the Application shall be considered correct by the Provider. The Client is obliged to provide truthful information in his Application.
2.2. Following the receipt of the Application by the Provider, the Provider shall assess such Application and provided the Application appears to be justified the Provider shall send the Client a copy of the Agreement to be signed to the email address provided by the Client in his Application submitted to the Provider. Provided the Client consents with the terms of the Agreement including the GTC herein the Client shall sign the Agreement either in an electronic or printed form. The signed copy shall be scanned and send to the Provider ́s email or sent by standard mail to Provider ́s postal address. The Agreement is considered entered into and valid once a signed copy of the Agreement is delivered back to the Provider.
2.3. The Client shall bear all costs related to the use of communication means related to the completion of the Agreement.
2.4. The Client hereby consents that the Provider may begin to provide the Services as per the Agreement immediately after the Agreement becomes effective.
3.1. Following the receipt of the Application the Provider shall set up a User account for the Client. The Client User account is commissioned once the Provider provides the Client with all information and data necessary to access the User account as well as other necessary information at the electronic address stated by the Client.
3.2. Access to the User account is secured by means of a user name and a password. The Client is obliged to maintain confidentiality with respect to information required to access his/her User account and hereby acknowledges that the Provider shall not be held liable for any breach of this obligation by the Client.
3.3. The Client is obliged to update any information about him/her stated in the User account in case of any changes without any undue delay. Any change of Client ́s data is considered effective once changed on the Client ́s User account.
3.4. The Client hereby acknowledges that his/her User account does not have to be available continuously particularly with regard to necessary maintenance of Provider ́s or any third party ́s hardware and software equipment.
3.5. The Client is entitled to manage technical conditions of Services provided within his/her User account including, but not limited to updating registered Clients and filed Applications for retrieval of Claim or Claim status verification. Furthermore, the Client hereby acknowledges that the Provider shall not be held liable for set up of technical conditions performed by the Client on his/her User account.
4.1. The Client hereby explicitly consents to receive Provider ́s information related to the Services through his/her email address. The Client has the right to withdraw from this consent by means of changing the settings of his/her User account or by means of email as per the instructions stated in the respective Provider ́s commercial communication.
5.1. The Client hereby acknowledges that she/he may receive information from the Provider in the course of the Agreement validity that might be considered confidential. Confidential information are all information that constitute or could possibly constitute an integral part of the Provider ́s trade secret as well as the principles, methods and procedures forming the cornerstone of the Service provisioning in particular. Therefore, the Client hereby pledges to keep any such information confidential and undertakes to ensure that confidential nature of information is maintained by any third person or party that may have access to such confidential information. The Client shall not make use of confidential information in his own name or for the benefit of any other third party without the prior written consent of the Provider, especially in cases when it is in direct contradiction to Provider ́s interests. Provisions stipulated in this Article shall not be affected by termination of this Agreement (for whatever reason) and therefore shall remain valid at least for five (5) years after cessation of this Agreement.
6.1. The rights and obligations of parties to the Agreement regarding the Provider ́s liability for defective services shall be in general governed by generally binding legal regulations. If the Client is considered a consumer within the meaning of § 52 Section 3 of the Civil Code, his/her rights with respect to any claims shall be governed by provisions of § 499 et seq. of the Civil Code as well as by the Act No. 634/1992 Coll. on consumer protection as amended.
7.1. By expressing his/her consent with the GTC herein, the Client hereby provides the Provider with his/her consent to collect, store and process personal data as provided. This consent is granted for all data provided in the Application and other related documents for the period of 5 (five) years from the date of expressing such consent. The Client expressly declares that should he/she provide the Provider with personal data of third persons, he/she has gained consent from such individuals to pass on such data to the Provider. Furthermore, the Client hereby acknowledges his rights stemming from § 12 and § 21 of the Act No. 101/2000 Coll. on Personal data protection. The Client hereby declares that all data are exact, true and provided voluntarily.
7.2. The Client may ask the Provider for information regarding processing his/her personal data. The Provider is obliged to provide the Client with such information without any undue delay. In the event that the Client discovers or suspects the Provider is processing his/her personal data in a manner that is in contradiction with the principle of protection of personal and private life or in a direct contradiction with the respective legislation and especially if the personal data are incorrect with regard to the purpose of processing, the Client is entitled to request an explanation from the Provider and demand remedy of such situation, namely by means of blocking, correcting, complementing or deleting personal data from the database. In the event that the Provider does not meet the request of the Client, the Client is entitled to contact the Office for personal data protection directly.
7.3. In line with § 5 of the Act No. 101/2000 Coll. on Personal data protection all data are collected and processed exclusively for the purposes of securing Claims and offering services to the Client. For this purpose, the Client hereby consents with the transfer of personal data to other countries in case it is necessary to legally ensure collection of his/her Claim.
7.4. All personal data shall be collected, processed and stored for the purposes of distribution of commercial communications through electronic means as per the Act No. 480/2004 Coll. on Selected Information Society Services until such time the Client directly and effectively provides the Provider with the information not to send such commercial information, but for the period of 5 (five) years at a maximum. Furthermore, the Client also agrees that the information provided may be allocated to other personal data. Summarised data may be used by the provider for statistical purposes as well as for internal use.
7.5. The Provider hereby declares that all data registered and collected are protected against misuse. Furthermore, the Provider declares that he shall collect personal data in scope and extent necessary to fulfil the specified purpose and process it in accordance with the purpose for which it was collected. Employees of the Provider or any other individuals processing personal data on the basis of a contract concluded with the Provider as well as all other individuals are obliged to respect the confidentiality of personal data even after termination of their employment or contract for work.
8.1. The Provider reserves the right to change or amend the GTC herein. However, this provision shall not affect the rights and obligations arising from the previous version of GTC. The new wording of GTC shall be made available at the Provider ́s web site.
8.2. Unless agreed otherwise or unless provided for otherwise in the GTC herein, all correspondence related to this Service shall be delivered to the other party by means of electronic post or by registered ordinary mail. The Client shall receive communication to the email address stated in his/her User account. The message is considered delivered at the moment it is received by the incoming mail server of the Client. Integrity of messages sent by electronic mail can be secured by means of a certificate.
8.3. Any disputes over the rights and obligations arising out of or in connection to the Agreement shall be resolved by the court with the jurisdiction within the area of Provider ́s registered seat of business.
8.4. The Client is not entitled to transfer the rights and obligations arising out of the Agreement to any third party without prior written consent of the Provider.
8.5. If any of the provisions of the GTC herein is invalid, ineffective or shall become invalid or ineffective a provision the meaning of which is closest to the invalid or ineffective provision becomes effective. The invalidity or non-applicability of one provision shall not affect the validity of remaining provisions. Any changes and amendments to the GTC or Agreement shall always be drawn up in writing.
8.6 The Agreement is drawn up in an electronic format and the Client shall receive the wording of the Agreement together with the GTC on his email account in PDF format. The Agreement shall be archived by the Provider in electronic format.
8.7 Provider ́s contact details: registered seat of business: Sáňkařská 909/14, 102 00, Prague 10 – Hostivař; mailing address: Štěpánská 704/61, 110 00 Prague 1; email address: firstname.lastname@example.org.
In Prague on this day of May 14, 2013
Mgr. Ivo Brokeš, CEO