Terms and Conditions

Terms and Conditions

Companies Moving Prague, spol. s r. o., Business company STĚHOVÁNÍ Praha, spol. s r.o.,
with registered office at Špálova 1070/30, Přívoz, 702 00 Ostrava, ID No. 26847132,
registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 50318, hereinafter
referred to herein as "the MOVING company" or just "the company"

General Terms and Conditions of Business

(hereinafter referred to as "GTC")

Article 1. Basic provisions

These General Terms and Conditions govern all relations between the Client (hereinafter referred to as the "Client") and the MOVING COMPANY in the provision of moving services and moving-related services (hereinafter referred to as the "Moving"), are binding on the Moving Company and the Client and are an integral part of the moving contract concluded between the Client and the Company. Changes, amendments or other terms and conditions of the Customer shall only be valid if they are confirmed in writing by the MOVING COMPANY.

These General Terms and Conditions shall always apply unless the written removal contract or other written agreement between the parties contains a different provision. Deviating written agreements of the Parties shall prevail over the provisions of these General Terms and Conditions.

In the event that the Customer is indisputably a Consumer, the mutual contractual relationship between the Company and the Customer-Consumer shall be governed by the Civil Code and the provisions of these General Terms and Conditions that conflict with the protection of the Consumer's rights provided for in the relevant legislation shall not apply.

Article 2. Conclusion of the contract and its contents

The Customer shall place an order for the services of STĚHOVÁNÍ (hereinafter referred to as the "Order"), by telephone, e-mail or SMS, the contacts listed at www.stehovanipraha.cz or in writing to the address of STĚHOVÁNÍ's premises at U Pekařky 484/1a, 180 00 Prague 8.

In the case of a telephone order, MOVING reserves the right to require delivery of the order in writing, at least by electronic communication. 

The Customer may cancel his order by fax or electronic mail or otherwise in writing until it is accepted by MOVING. MOVING is entitled to refuse the order. The order shall also not be accepted if the MOVING COMPANY does not confirm it by registered letter, fax, e-mail or other verifiable means within three days.

The order must contain at least the information required as mandatory in the non-binding order on the company's website, unless the parties agree otherwise.

The contract is concluded by written confirmation of the order by the customer, acceptance of the order granted by the customer, or the removal contract is concluded directly.

The Customer expressly acknowledges that the content of the contract is governed exclusively by the text of the order confirmation or the removal contract concluded with the company, unless the Customer requests the company to make changes within three days of conclusion, which is considered a new draft contract. However, the possibility of a change is excluded if, within this period, the order has already been processed by the firm to a state that does not allow for a change. If this is the case, the company shall inform the client immediately.

Further amendments to the contract shall only be valid if they are confirmed in writing by the company.

In the case of non-standard orders, the company reserves the right to request the client to conclude a special written contract, i.e. a contract according to the terms of the confirmed order and other specific conditions supplementing it, which the company will notify the client by one of the above-mentioned methods of delivery.

In the event of cancellation of any contract already concluded, the Customer shall pay to MOVING a contractual penalty of 50% of the agreed price. The contractual penalty shall not affect the claim for damages, which shall be paid in full.
Article 3. Withdrawal from the contract by the MOVING company, change of the time of execution of the contract

The MOVING COMPANY reserves the right to cancel the order or part of it in the event of force majeure, i.e. circumstances which the MOVING COMPANY could not have avoided, which have occurred independently of its will and prevent it from fulfilling its obligation, if it cannot reasonably be assumed that the company would have avoided or overcome this obstacle or its consequences, and furthermore, that it would have foreseen this obstacle at the time of the creation of the moving contract, such as a natural disaster, accident, etc. In such cases, the customer will be contacted immediately and further action will be agreed with the customer, including the negotiation of another moving date. If the customer has already paid part or all of the contract price and has not received any performance, this amount will be refunded to the customer's account or address within 14 working days.

Article 4. Price

The price must be agreed prior to the start of the move, either after the visit of the sales representative to the moving location or in the confirmed order.

The price list in force on the day of the conclusion of the contract, published on the website of MOVING at www.stehovanipraha.cz, shall apply for the determination of the moving price, unless the parties agree otherwise.

Article 5. Payment Terms

Payment of the contract price may be made by the customer, unless the removal contract specifies a different method, as follows:
(a) in cash, immediately upon completion and settlement of the contract, against a receipt issued by an employee of the company;
(b) in cash in advance by bank transfer, as a deposit according to the estimated cost of the job, with the balance or refund of the overpayment being invoiced after completion and settlement of the job, with, that the overpayment and the additional payment shall be due within 14 calendar days of completion of the contract on the basis of the invoice issued;
(c) by wire transfer on the basis of an invoice issued immediately after completion of the contract, payable within 14 calendar days of completion of the contract. The invoice shall be deemed to have been accepted by the Client if it is not returned to the Company within 5 calendar days from the date of its delivery to the Client. The Customer shall be entitled to return the invoice only in the event of failure to comply with the statutory requirements of the tax document, and shall be obliged to indicate the reason for returning the invoice.

The method of payment of the contract price must be agreed between the parties at the latest before the start of the contract.

In the event of delay by the customer in paying the contract price or part thereof, the company shall be entitled to charge a contractual penalty of 0.5% of the amount due for each day of delay.

The method of payment of the contract price must be agreed between the parties before the commencement of the contract.

In the event of the Client's delay in payment of the contract price or part thereof for more than 30 days, the parties agree that the Client shall be obliged to pay the Company a contractual penalty of CZK 800 for each sent, even if undelivered, notice to fulfil the obligation. This contractual penalty shall be invoiced by this reminder and the client shall be obliged to pay it within the time limit specified therein.

If the customer pays the amount due, including this contractual penalty, within the time limit set out in the reminder, the company shall not require the customer to pay the aforementioned contractual penalty.

The application of default interest and/or contractual penalties by the company and/or the payment of default interest and/or contractual penalties by the customer shall not release the customer from the obligation to pay the outstanding obligation, nor shall it affect the company's right to claim damages. Damages shall not be limited by the amount of the contractual penalty; contractual penalties and default interest shall not be included in the damages.

Article 6. Cooperation of the Client

The customer is obliged to provide the necessary cooperation in the move, especially in a proper and timely manner:
(a) provide access roads and sufficient parking space at the loading and unloading site;
b) ensure that the staircases and other areas in the house are sufficiently clear and that the lift is operational;
(c) prepare the items to be moved (including packing, if necessary), as well as the necessary accompanying documents and, if necessary, obtain permission to enter the designated place;
d) inform the company in particular of the nature, dimensions, weight and volume of the load or items to be moved; 

The company understands that the following will not be the subject of the removal:
(a) items endangering human life or health or other dangerous items, such as explosives, weapons, narcotic and psychotropic substances, flammable substances with low flash point, poisons, radioactive substances, corrosives, gases and liquids in pressurized containers, etc., which may cause damage to health or property; 
(b) items which are easily damaged, provided that the instructions for special handling are observed;
(c) other goods which, by their nature, require special adaptation of the vehicle or the creation of special conditions of carriage in accordance with the regulations in force;
(d) animals, whether living or dead, or plants 

If the company and the client nevertheless agree to move the items according to b) and c), the company shall in no case be liable for any damage to these items or for any damage caused by these items. The customer shall always be liable for any such damage.

The customer must inform the company of any characteristics of the items being moved that could affect the safety or smoothness of the transport or the damage.

In the event of a final court decision that the company is obliged to compensate the persons entitled to compensation for damage, where the damage in question was caused in direct causal connection with the breach of contractual obligations by the customer, the company shall be entitled to a contractual penalty against the customer in the amount of the amount of the damage.

The customer is responsible for ensuring that electrical appliances, machinery, equipment and other items of a similar nature are in a non-operational state before handing them over to the supplier, or in the state specified in the technical manuals or instructions for use in case of removal. The Customer shall also be responsible for ensuring that cabinets, safes and other items of a similar nature are locked or otherwise securely closed in a similar manner prior to handover to the Supplier, provided that prior to locking or closing, the Customer shall provide the Supplier with a list of the contents of such items, the accuracy of which shall be confirmed in writing by both parties. In the case of moving valuables, jewellery and other items valued at more than CZK 10,000 (even individually), the Customer is obliged to notify the Supplier of this fact in advance; this fact must also be indicated in the written confirmation referred to in the preceding sentence.

The customer is obliged to ensure that no objects, including valuables, jewellery, money, personal documents, antiques, mobile phones, small electronics, personal belongings, etc., which are not the agreed object of the move, are in the moving premises when the move begins.

Article 7. Claims, compensation for damages

The customer is entitled to claim damage caused by damage, destruction, partial or total loss of the moved items or damage to the premises in which the move took place.

The customer is obliged to inspect the items moved on receipt on completion of the order, as well as the premises in which the move took place immediately thereafter. In the event that the customer discovers any damage caused during the removal, he shall draw up a complaint report or record with the company's representative. Subsequent claims of this nature will be disregarded. In the event of a refusal by the customer to sign the complaint report or record, the representative of the company shall state this fact in the report or record, together with a note as to whether there was a reason for such refusal.

The company shall be liable to the client only for actual damage caused by his fault to the items moved or the premises in which the move took place. Actual damage is understood to mean that by which the value of the items moved or the relevant premises has decreased as a result of the damage event. The company shall always be liable up to a maximum of CZK 100,000 and in any case only for the actual direct damage to the items, not for lost profits, consequential, indirect, or damage related to the initial damage, etc.

The company is also not liable for any damage caused to the moved items by the person receiving or sending the moved items, or the client, or caused by the actions of the client, including in the case of damage caused when the company has warned the client of the need to protect the moved items, e.g. with packaging materials, and the client insisted on the original disposition of the order. If the need for protection of the goods to be moved is not apparent at the commencement of the order, the client shall be fully liable for the damage incurred without further delay.

Furthermore, the company is not liable for damage caused by defects or the inherent nature of the items being moved.

Without prejudice to the above, the company is liable for demonstrable mechanical damage (surface damage, deformation, cracks) to the items, not for the functionality of the equipment. The company is also not liable for the loss of contents of cabinets, safes and other items of a similar nature that have not been locked or otherwise securely closed by the client prior to the move or for which a list has not been drawn up and mutually confirmed in accordance with Article 6 of these GTC. 

The Company shall not be liable for damage to valuables, jewellery and other items valued at more than CZK 10,000 (even individually), unless the Client has notified the Company of this fact in advance or unless this fact is indicated in a written confirmation pursuant to Article 6 of these GTC.

The company is not responsible for the loss of items, including valuables, jewellery, money, personal documents, antiques, mobile phones, small electronics, personal belongings, etc., which are located in the premises where the company is moving and which are not the agreed subject of the move. 

The company is not responsible for the quality of the packaging or the quality of the packing materials if the customer prepares the items for transport himself using his own packing materials. 

The company is also not liable for any damage caused by this. The company is not responsible for the actions and presence of any persons who are not employees of the company (or employees of its subcontractors), including the client's representatives or random persons who have no relation to the contractor or the client, residents or users of the premises (neighbours), passers-by, other workers, builders, employees of other removal or cleaning companies, etc., who are on the premises where the removal takes place. The company is also not liable for any damage caused by such persons.

Article 8. Delivery

The following principles shall govern the transmission of documents between the Parties:
The Customer shall send documents to the Company at its registered office address. 

The Company shall send documents to the Customer at the address specified in the order or written contract or at any other address communicated in writing by the Customer.

If documents are sent to the client by registered mail, the date of delivery shall be deemed to be the date of delivery:
1. the third day after the dispatch of the parcel, unless proven otherwise
2. the day on which the customer refuses to accept the delivery
3. the last day of the storage period, if the customer fails to collect the parcel despite notification by the postal authority, and the customer has not been notified of the deposit
4. the day on which the company is notified that the customer has failed to deliver the parcel because he is not present at his address for delivery of documents and for this reason the parcel has been returned by post.

Article 9. Dispute Resolution
1. The legal relationship between the Customer and the MOVING COMPANY is governed by the legal system of the Czech Republic.
2. In the event of a dispute, the Customer and the MOVING COMPANY have agreed on the local jurisdiction of the court in whose district the MOVING COMPANY has its registered office.

Article 10. Final provisions

The Company reserves the right to change these GTC by publishing the new version on its website www: stehovanipraha.cz and no later than 1 calendar day before the change takes effect.

The personal data (in particular name, surname, address) of the Customer are collected and processed in accordance with the Personal Data Protection Act No. 101/2000 Coll., as amended. All data obtained from the client is used exclusively for the internal needs of the company for the successful execution of the contract and will not be disclosed to third parties, except for any subcontractor for the purpose of smooth execution of the contract.

Personal data is fully secured against misuse. By submitting an order, the customer agrees to the processing and collection of his personal data in the company's database. Personal data can be removed from the database upon written request of the customer.

By signing the order, the moving contract, or the agreement on payment of the obligation, the customer confirms that he/she has read the current version of the General Terms and Conditions of the company, considers them clear, understandable and certain and agrees that these terms and conditions become an integral part of the moving contract, i.e. the contractual relationship between the company and the customer, and acknowledges that these terms and conditions are binding for the regulation of the relationship between the parties.

The company is entitled to assign the rights and transfer the obligations arising from each individual removal contract, in whole or in part, to a third party.

Article 11. Validity and effectiveness

These General Terms and Conditions shall come into force and effect on 01.01.2015.

The valid version of these General Terms and Conditions is available at the Company's registered office, at all Company's premises and is published on the Company's website: www.stehovanipraha.cz.

In Prague, on 30 December 2014.