GENERAL COMMERCIAL TERMS AND CONDITIONS

FOR PROVISION OF FREECLAIM.EU WEBSITE SERVICES

1. INTRODUCTORY PROVISIONS
1.1. The trading company CEFT s. r. o., (formerly HV investment, s. r. o.), with its registered
office at Grsslingov 4, !! "# $ratislava (formerly H%r&anova Ves !' #"( "!),
company )* no.+ 44 "(' ,-,, registered in the .ommercial /egister of the *istrict .o%rt
$ratislava ), 0ection+ 0ro, 1ile no.+ -!-23$, e4mail address+ info5freeclaim.e%, Tel+
64'! '(' !!, ""! (hereinafter as the 7Provider 8) is the (i) operator of the we&site
freeclaim.eu accessi&le at the 9/: address+ http+33www.freeclaim.e% and on relating
s%&pages (hereinafter as the 7Wesi!e8) and (ii) provider of the service via the ;e&site
aimed at asserting claims of air passengers to compensation and assistance (hereinafter as
the 7Servi"e8) as per /eg%lation (<.) =o. '2!3'""4 of the <%ropean >arliament and of
the .o%ncil of !! 1e&r%ary '""4 esta&lishing common r%les on compensation and
assistance to passengers in the event of denied &oarding and of cancellation or long delay
of flights, and repealing /eg%lation (<<.) =o. '#-3#! (hereinafter as the 7Re#$%&!io'8).
1.(. The >rovider here&y adopts these General Terms and .onditions for >rovision of
freeclaim.eu ;e&site 0ervices (hereinafter as the 7Ter)s8) reg%lating rights and
o&ligations of the >rovider and of the third party ? air passenger who has a claim to
compensation and assistance (hereinafter as the 7C%ie'!8), in the provision of the 0ervice.
1.*. Terms and e@pressions defined or %sed in these Terms shall &e %sed and have same
meanings when %sed in other contract%al relationships &etween >rovider and .lient
relating to 0ervice, %nless e@pressly otherwise agreed &etween >rovider and .lient.
1.+. /eg%latory &ody responsi&le for the 0ervice s%pervision is the 0lovaA Trade )nspection.
1.,. The >rovider reserves the right to amend these Terms &ased %pon changes in legislation,
technical capacities of the >rovider or other factors that ens%e from the needs of the
>rovider. )n the event that these Terms will &e amended the .lient acAnowledges and
agrees that always the latest version of these Terms shall &e valid and effective. The
o&ligation to give written notice of the amendment of the Terms shall &e deemed f%lfilled
&y its posting on the ;e&site. The .lient may at any time view the latest version of the
Terms on the ;e&site. )f the .lient contin%es to %se the 0ervice after adoption of s%ch
amendments, it shall &e %nderstood that he agrees witho%t any reservations to these
amendments. The Terms shall &ecome effective as of ! =ovem&er '"!4, together with
any s%&seB%ent amendments thereto.
(. SERVICE
(.1. <ach person who, as a passenger, has a claim in air traffic vis4C4vis the operating air
carrier to compensation or assistance p%rs%ant to the /eg%lation and3or who is of the
opinion that it has s%ch claim, is entitled to apply with the >rovider, &y filling in the order
via electronic form 7Dpplication for .ompensation8, availa&le at the ;e&site (hereinafter
as the 7For)8) for provision of the 0ervice %nder these Terms. <ach person shall &e
entitled to apply with the >rovider for 0ervice even prior to the trip via 81ree.laim
Helpee8 >rogram. ;ithin the 71ree.laim Helpee8 >rogram the >rovider %ndertaAes to
monitor all of the legitimate claims of the .lient d%ring the trip. )f a claim to
compensation is originated for the .lient the >rovider shall contact the .lient
a%tomatically and inform him3her on all claims which may &e e@ercised &y the .lient vis-
-vis the operating air carrier. )n other matters these Terms apply mutatis mutandis also to
the 0ervice within the 71ree.laim Helpee8 >rogram.
(.(. D person who is interested in provision of the 0ervice shall fill in the 1orm his3her name,
s%rname, electronic address for delivery of electronic mail and &asic information on the
flight and shall s%&mit this information to the >rovider. $y s%&mission of the 1orm to the
>rovider it shall &e pres%med that a person have irrevoca&ly and in &inding manner
ordered the 0ervices with the >rovider and that the person f%lly comprehended the
content of the Terms and that it agrees with the Terms.
(.*. The >rovider shall send to the prospective client an a%tomatic response confirming the
receipt of the 1orm immediately %pon receipt thereof &y the >rovider.
(.+. The >rovider shall perform a preliminary assessment of the legitimacy of the claim
asserted &y the prospective client in the e@tent of &asic data a&o%t the flight and %nless
the claim asserted &y the prospective client is clearly %ns%&stantiated, it shall send to the
prospective client a confirmation of order witho%t %nd%e delay following the receipt
thereof, whereas the >rovider shall reB%est the prospective client (i) to s%&mit f%rther data
necessary for provision of the 0ervice, especially data on permanent residence and phone
n%m&er, (ii) to s%&mit the doc%ments a&o%t the flight Ee.g. &oarding pass, ticAet,
confirmation of ca%se of flight cancellation3flight delay, confirmation on provision of care
(e.g. accommodation, meals, refreshment, transportation, phone call)F, and (iii) to s%&mit
a written power of attorney. The >rovider reserves the right not to confirm the order of the
prospective client received, especially in case of repeated order, %ns%ccessf%lly e@ercised
claim of the .lient, apparent errors in filled data etc. However, the >rovider shall always
&e o&liged to send to the prospective client a response on denial of the offer.
(.,. .ontract%al relationship &etween the .lient and the >rovider, i.e. contract on provision of
service related to e@ercising of the claim to compensation asserted &y the .lient
according to the /eg%lation which will &e governed &y these Terms (hereinafter as the
7Co'!r&"!8) shall &e originated and effective %pon confirmation of the ordered 0ervice
&y the >rovider to the .lient to the electronic address specified in the 1orm. The .lient
agrees that the >rovider commences with the provision of the 0ervice witho%t delay
following the moment of effect of the .ontract.
(.-. The 0ervice provided to the .lient incl%des all the activities related to (i) common
assessment of the claim to compensation asserted &y the .lient p%rs%ant to the
/eg%lation, (ii) e@ercising the claim to compensation asserted &y the .lient p%rs%ant to
the /eg%lation with the operating air carrier, (iii) representation of the .lient vis4C4vis
the operating air carrier in the proceedings of the operating air carrier on claim to
compensation p%rs%ant to the /eg%lation, incl%ding verification of information a&o%t the
flight (if necessary) as well as (iv) legal representation of the .lient o%t of co%rt and in
laws%it as a part of enforcement &y the .lient of the asserted claim to compensation
p%rs%ant to the /eg%lation, incl%ding the services of possi&le enforcement within the
e@ec%tion proceedings. The .lient agrees that part of these activities shall &e provided &y
the partner attorney %pon discretion of the >rovider.
(... ;itho%t delay following the origination of the .ontract and provision of f%rther necessary
data p%rs%ant to par. '.4 of these Terms the >rovider shall repeatedly assess the claim
asserted &y the .lient from the point of view of f%lfilment of conditions for claim
p%rs%ant to the /eg%lation.
(./. )f, in the >roviderGs opinion, the conditions for claim p%rs%ant to the /eg%lation are not
met, the >rovider shall promptly inform the .lient and the .ontract there&y e@pires. )n
s%ch case the .lient shall not &e &o%nd to pay the fee for provision of the 0ervices or any
administrative fee and shall not &e entitled to demand from the >rovider any activities
within the 0ervice.
(.0. )f, in the >roviderGs opinion, the conditions for claim p%rs%ant to the /eg%lation are met,
the >rovider shall promptly e@ercise the claim on &ehalf of the .lient with the operating
air carrier and shall cond%ct the s%&seB%ent comm%nication with the operating air carrier
on &ehalf of the .lient.
(.11. )f the operating air carrier fails to accommodate vol%ntarily the claim e@ercised &y the
.lient and3or fails to provide to the .lient an accepta&le offer, the >rovider shall forward
the claim to the partner attorney for its s%&seB%ent o%t4of4co%rt proceedings or laws%it.
(.11. 1or avoidance of do%&t, %nless otherwise agreed &etween the .lient and the >rovider in
partic%lar case, it shall &e deemed that an accepta&le offer of the operating air carrier is ,-
H of the e@ercised claim. )n s%ch case the >rovider shall &e entitled to a%tomatically
accept s%ch accepta&le offer of the operating air carrier on &ehalf of the .lient.
(.1(. The >rovider shall ens%re that the partner attorney shall repeatedly assess the claim
asserted &y the .lient, verify information a&o%t the flight declared &y the operating air
carrier and inform the .lient on laws%it and on options in laws%it.
(.1*. )f the partner attorney assesses that the .lientGs claim shall liAely not &e s%ccessf%l at the
co%rt, it shall inform the .lient accordingly and neither the >rovider, nor partner attorney
shall contin%e to act in the matter. )n s%ch case the .lient shall not &e &o%nd to pay the
fee to the >rovider for provision of the 0ervices or any administrative fee and shall not &e
entitled to demand from the >rovider any activities within the 0ervice.
(.1+. )f the partner attorney assesses that the .lientGs claim shall liAely &e s%ccessf%l at the
co%rt, it shall &riefly inform the .lient accordingly and shall inform the .lient regarding
the laws%it and3or f%rther o%t4of4co%rt proceedings. )n addition to these Terms the
relationship &etween the partner attorney and the .lient shall &e governed &y the
Ddvocacy Dct.
(.1,. )f the partner attorney recommends the .lient not to file a petition for commencement of
a laws%it or to terminate already commenced laws%it and withdraw the petition for
commencement of a laws%it and the .lient disagrees, the .lient shall pay to the partner
attorney all the costs arisen in the laws%it after the recommendation to the .lient to
terminate the laws%it. The .lient shall &e &o%nd to provide the partner attorney with the
reasona&le advance fee to contin%e in the laws%it witho%t %nd%e delay following the
receipt of the notice for payment of the reasona&le advance fee. )n case of s%ccess of the
case paragraphs '.!# and '.'" of these Terms shall apply. )f there is no s%ccess the .lient
shall &ear the costs of the laws%it in the amo%nt as determined &y the co%rt if so
determined &y the co%rt.
(.1-. 9nless otherwise agreed &etween the .lient and the partner attorney in partic%lar case,
the .lient acAnowledges that, as a part of the 0ervice, the partner attorney provides the
legal services related to collection of the claim asserted &y the .lient in accordance with
these Terms. $y e@ec%tion of the accepted power of attorney the partner attorney agrees
with these Terms and e@plicitly agrees that any of its fees for provision of its legal
services as part of the provision of the 0ervices shall &e paid, whether &y operating air
carrier or the .lient to the >roviderGs &anA acco%nt (%nless directly paid to the partner
attorneyGs &anA acco%nt).
(.1.. )f the .lient agrees with e@ercising of the claim via laws%it, the >rovider shall pay the
relevant co%rt fee on &ehalf of the .lient in the amo%nt prescri&ed &y lawn to the &anA
acco%nt of the co%rt.
(.1/. .onc%rrently with e@ercising of the claim the .lient shall &e &o%nd to e@ercise vis4C4vis
the operating air carrier also all the costs inc%rred for e@ercising of s%ch claim, especially
the costs of fee for the partner attorney for delivered legal services in the amo%nt of tariff
fee for one item of legal service determined p%rs%ant to I !" of *ecree =o. 2--3'""4
.oll. of the Jinistry of K%stice of the 0lovaA /ep%&lic dated !" =ovem&er '""4 on fees
and compensations of attorneys for provision of legal services (hereinafter as 7MS SR
De"ree No. -,,2(11+8 and 7T&ri33 Fee8), cash e@penses and loss of time compensations
p%rs%ant to I !- and s%&s. of J0 0/ *ecree =o. 2--3'""4 (7C&s4 E56e'se
Rei)$rse)e'!8), overhead flat fee for each item of legal services p%rs%ant to I !2 par.
( of J0 0/ *ecree =o. 2--3'""4 (hereinafter as the 7Over4e&d F%&! Fee8),
reim&%rsement of the co%rt fee paid &y the >rovider on &ehalf of the .lient etc. The
partner attorney is a registered VDT payer and therefore VDT shall &e added to the Tariff
1ee and .ash <@pense /eim&%rsements of the partner attorney. 1or avoidance of any
do%&ts, any claims attri&%ta&le to the partner attorney p%rs%ant to applica&le legal
reg%lations and these Terms, whether for legal services provided in relation to the .lientGs
claim from the /eg%lation within the o%t4of4co%rt enforcement or within the laws%it shall
&e e@ercised &y the partner attorney on &ehalf of the .lient %nder these Terms (hereinafter
as the 7P&r!'er A!!or'e7 C%&i)8).
(.10. )n case the operating air carrier pays to the .lient after origination of the .ontract and
prior to filing of petition for laws%it any compensation of the e@ercised claim p%rs%ant
to the /eg%lation, the .lient shall &e o&liged to pay to the partner attorney also the
>artner Dttorney .laim for provided services within the o%t4of4co%rt enforcement. The
details on the d%e date of the >artner Dttorney .laim and the payment terms are referred
to in Drticle ( of these Terms.
(.(1. )n case the operating air carrier pays to the .lient after origination of the .ontract and
after filing of petition for laws%it any compensation of the e@ercised claim p%rs%ant to the
/eg%lation, the .lient shall &e o&liged to pay to the partner attorney the >artner Dttorney
.laim for the co%rt representation, i.e. &esides the >artner Dttorney .laim for provided
services within the o%t4of4co%rt enforcement p%rs%ant to previo%s par. of these Terms
('.!#) also the >artner Dttorney .laim for the co%rt representation &y the partner attorney
in the amo%nt determined &y the co%rt in the relevant proceedings. The partner attorney
shall &e entitled to charge the .lient with its claim immediately after the claim to
reim&%rsement of the costs of laws%it &ecomes enforcea&le. The co%rt fee paid &y the
operating air carrier as a part of the reim&%rsement of the costs of laws%it paid &y the
>rovider &elongs to the >rovider. )n case of partial s%ccess this par. shall &e applied
mutatis mutandis. The details regarding the d%e date of the >artner Dttorney .laim and
the payment terms are referred to in Drticle ( of these Terms.
(.(1. 0ho%ld the .lient fail to s%cceed in laws%it, the partner attorney shall have no claim to
any Tariff 1ee, .ash <@pense /eim&%rsement, Lverhead 1lat 1ee vis--vis the .lient. )n
case a claim to reim&%rsement of the costs of laws%it arises for the operating air carrier,
the >rovider shall pay these costs on &ehalf of the .lient as a part of the 0ervice or shall
reim&%rse s%ch costs to the .lient. The a&ove mentioned does not apply if the .lient
insists on filing a petition for commencement of a laws%it despite of recommendation of
the partner attorney p%rs%ant to par. '.!- of these Terms.
(.((. )n case the laws%it is cond%cted at the co%rt other than the general co%rt of the 0lovaA
/ep%&lic, the proced%re shall taAe place in accordance with generally &inding legal
reg%lations of a co%ntry where the laws%it is cond%cted and m%tatis m%tandis p%rs%ant to
these Terms, whereas the .lient shall &e informed &y the relevant partner attorney.
*. PROVIDER8S FEE, PARTNER ATTORNEY CLAIM AND PAYMENT TERMS
*.1. The >rovider shall &e entitled to a fee for the provided 0ervices in the amo%nt of <9/
(#."" )n case at the time of order of the 0ervice a 0pecial Lffer was applica&le
(mentioned on the ;e&site in section >ricelist, 0pecial Lffer), the >rovider shall &e
entitled to a fee mentioned in the 0pecial Lffer. )n case of ordering the 0ervice prior to
the trip via 71ree.laim Helpee8 >rogram the fee shall &e <9/ '#."" The .lient
acAnowledges and agrees that the >rovider is not a VDT registered payer.
*.(. )n case of provision of legal services &y the partner attorney as a part of o%t4of4co%rt
enforcement of the .lientGs claim %nder the /eg%lation, legal services &y the partner
attorney as a part of the laws%it enforcement of the .lientGs claim %nder the /eg%lation
and legal services &y the partner attorney as a part of enforcement of the .lientGs claim
%nder the /eg%lation in the e@ec%tion proceedings, the terms referred to in par. '.!(
and '.'' of these Terms shall apply, th%s the partner attorney shall &e entitled to e@ercise
the >artner Dttorney .laim vis--vis the .lient conc%rrently with the >roviderGs fee
mentioned in par. (.! of these Terms, however only %p to the amo%nt of the >artner
Dttorney .laim which was act%ally paid &y the operating air carrier to the .lient.
*.*. The >roviderGs fee p%rs%ant to par. (.! of these Terms shall &e d%e on the moment when
the >rovider receives the relevant compensation of the .lientGs claim %nder the
/eg%lation or part thereof from the operating air carrier to the >roviderGs &anA acco%nt.
*.+. The >artner Dttorney .laim p%rs%ant to par. (.' of these Terms shall &e d%e on the
moment when the >rovider or the partner attorney receives the >artner Dttorney .laim or
part thereof from the operating air carrier to the >roviderGs &anA acco%nt or the partner
attorneyGs &anA acco%nt.
*.,. The .lient as well as the partner attorney agree that the operating air carrier pays the
compensation of the .lientGs claim %nder the /eg%lation and the >artner Dttorney .laim
to the >roviderGs &anA acco%nt. The .lient and the partner attorney agree that the >rovider
shall not pay any interest.
*.-. Dt latest within - &%siness days the >rovider shall transfer the amo%nt of act%ally
collected compensation of the .lientGs claim %nder the /eg%lation to the .lientGs &anA
acco%nt mentioned in the 1orm red%ced &y the fee p%rs%ant to par. (.! of these Terms.
The >rovider shall &e entitled to set off its receiva&le for a fee p%rs%ant to par. (.! vis--
vis the .lientGs receiva&le for payment of the act%ally collected compensation from the
operating air carrier p%rs%ant to this par. of the Terms.
*... 9pon payment of the act%ally collected compensation to the .lientGs &anA acco%nt the
>rovider shall iss%e an invoice ? ta@ doc%ment to the .lient which will &e sent
electronically to the .lient incl%ding the settlement of the >roviderGs fee, >artner Dttorney
.laim and VDT.
*./. )n case the .lient is a legal entity, the .lient shall &e &o%nd to inform the >rovider on the
fact that it wishes to prepare the invoice to legal entity and shall s%&mit to the >rovider all
the data for iss%ance of the ta@ doc%ment.
*.0. Dt latest within - &%siness days the >rovider shall transfer the >artner Dttorney .laim in
the amo%nt act%ally paid &y the operating air carrier to the partner attorneyGs &anA
acco%nt. The >rovider shall &e entitled to retain from this >artner Dttorney .laim the
amo%nt of the co%rt fee paid &y the >rovider on &ehalf of the .lient which is here&y
approved &y the partner attorney and the .lient.
*.11. )n case for any ca%se the operating air carrier pays the compensation directly to the
.lientGs &anA acco%nt %pon effectiveness of this .ontract, the >rovider shall &e entitled to
iss%e to the .lient an invoice ? ta@ doc%ment for a fee %nder par. (.! with d%e date of !-
days from the receipt of the invoice &y the .lient.
*.11. )n case for any ca%se the operating air carrier pays the >artner Dttorney .laim directly to
the .lientGs &anA acco%nt %pon effectiveness of this .ontract, the >rovider shall &e
entitled to iss%e to the .lient an invoice ? ta@ doc%ment for the amo%nt of co%rt fee paid
on &ehalf of the .lient with d%e date of !- days from the receipt of the invoice &y the
.lient.
*.1(. )n case for any ca%se the operating air carrier pays the >artner Dttorney .laim directly to
the .lientGs &anA acco%nt %pon effectiveness of this .ontract, the partner attorney shall &e
entitled to iss%e to the .lient an invoice ? ta@ doc%ment for the amo%nt of act%ally paid
>artner Dttorney .laim red%ced &y the amo%nt of the co%rt fee with d%e date of !- days
from the receipt of the invoice &y the .lient.
+. TERM OF AGREEMENT AND TERMINATION T9EREOF
+.1. The origination and effectiveness of the .ontract shall &e governed &y the provisions of
par. '.! of these Terms.
+.(. The .ontract shall &e terminated &y performance thereof, i.e. &y collection of the
compensation for the .lient and &y payment of the fee to the >rovider and &y payment of
the >artner Dttorney .laim to the partner attorney.
+.*. >rior to termination of the .ontract &y performance thereof the >rovider shall &e entitled
to withdraw from the .ontract in case (i) either of the data or representation of the .lient
is materially false, misleading or incomplete or (ii) the .lient fails to provide the >rovider
with the reB%ired cooperation for performance of the scope and p%rpose of the .ontract.
)n s%ch case the >rovider shall &e entitled to charge to the .lient administrative fee for
the 0ervice provided of <9/ (#."" e@cl%ding VDT prior to withdrawal from the .ontract.
+.+. >rior to termination of the .ontract &y performance thereof the >rovider shall &e entitled
to withdraw from the .ontract also in case it informed the .lient that its claim is
%nenforcea&le and the .lient failed to pay the relevant advance fee for legal services to
the partner attorney in accordance with par. '.!- of these Terms.
+.,. >rior to termination of the .ontract &y performance thereof the .lient shall &e entitled to
withdraw from this .ontract within seven &%siness days from the date of e@ec%tion of the
.ontract, i.e. from the date of receipt &y the .lient of the >roviderGs confirmation to the
electronic address mentioned in the 1orm p%rs%ant to par. '.- of these Terms. )n s%ch case
the .ontract shall &e cancelled ex tunc.
+.-. The withdrawal taAes effect %pon receipt thereof &y the other >arty.
+... ;ithdrawal from the .ontract res%lts in termination of all rights and o&ligations from the
.ontract e@cept for the >artner Dttorney .laim for provided services e@ercised p%rs%ant
to par. '.! of these Terms which will &e paid to the partner attorney in accordance with
these Terms. The a&ove mentioned does not apply to withdrawal &y the .lient p%rs%ant to
par. 4.- of these Terms.
,. COMMUNICATION
,.1. The .lient agrees with s%&mission of information related to provision of the 0ervice to
electronic address mentioned in the 1orm. .omm%nication &etween the >rovider and the
.lient in providing the 0ervice taAes place e@cl%sively &y electronic mail to the electronic
addresses of the .lient and the >rovider mentioned. /egardless of the a&ove mentioned,
the .lient shall have option to &e informed on the stat%s of its claim, to &e informed on
any complaint and claim even &y phone in the >roviderGs call centre.
,.(. The .lient &ears the costs of connection to the internet networA and for comm%nication
with the >rovider in relation to the provision of the 0ervice.
-. PROTECTION OF PERSONAL DATA
-.1. $y s%&mission of the order to the >rovider the .lient honestly declares to grant a consent
p%rs%ant to I !! par. ! of Dct =o. !''3'"!( .oll. on >ersonal *ata >rotection as amended
(hereinafter as the 7PDPA8) to processing and storing &y the >rovider of its personal data,
especially those listed in the 1orm and those necessary for the >roviderGs activities and to
processing thereof &y the >rovider in all of its information systems. Dt the same time the
.lient honestly declares to grant its consent to the >rovider to processing of its personal
data as well as to cross4&order transmission of personal data to the .Mech /ep%&lic as
<%ropean 9nion mem&er state for the p%rposes of e@ec%tion of the .ontract &etween the
>rovider and the .lient, registering of the .ontract, registering of the .lientGs e@ercised
claims to compensation p%rs%ant to the /eg%lation, registering the collected
compensations from the operating air carriers and registering of other provided
doc%ments for s%ccessf%l collection of the .lientGs claim %nder the /eg%lation, for the
p%rposes of collection via laws%it of the compensation via partner attorney or collection
via e@ec%tion proceedings and for the p%rposes of marAeting of the services provided &y
the >rovider or the ones &roAered &y the >rovider. The >rovider shall &e o&liged to handle
and dispose the .lientGs personal data in accordance with applica&le legal reg%lations of
the 0lovaA /ep%&lic. 9pon f%lfilment of the p%rpose the >rovider shall ens%re witho%t
delay the destr%ction of the .lientGs personal data in accordance with I !, par. ! of >*>D.
The consent to processing of personal data may &e revoAed &y the .lient anytime &y e4
mail delivered to the >rovider. The consent shall e@pire within ! month from the delivery
of revocation of the consent &y the .lient to the >rovider.
-.(. The .lient shall have a right and option to %pdate its personal data &y electronic mail to
the >roviderGs electronic address.
-.*. The >rovider declares that in accordance with I 2 par. ' of letter c) of >*>D it shall
o&tain personal data solely for the p%rpose mentioned in par. 2.!. of these Terms.
-.+. The >rovider declares that in accordance with I 2 par. ' of letter e) of >*>D it shall
acB%ire the personal data for p%rposes other than mentioned in par. 2.!. of these Terms
separately and it shall ens%re that personal data are processed and %sed solely in the
manner which corresponds to the p%rpose to which it was gathered and that it shall not &e
merged with personal data acB%ired for other p%rposes.
-.,. The >rovider declares that in accordance with I 2 par. ' of letter i) of >*>D it shall
process the personal data in accordance with good morals and shall act in the manner
which is not in contradiction to >*>D or other generally &inding legal reg%lations and
shall not evade the law. The >rovider declares that it shall not force the .lient to grant the
consent or condition granting of s%ch consent &y threat of denial of the contract%al
relationship, provision of the 0ervice or d%ty imposed %pon the >rovider.
-.-. 9pon written reB%est the .lient shall &e entitled to demand from the >rovider
!3 a confirmation whether personal data are or are not processed a&o%t that given
.lient,
'3 in generally comprehensi&le form of information on processing of personal data
in information system in the e@tent+
a) identification data of the .lient,
&) identification data of the processorN this shall not apply if the controller
does not follow I p%rs%ant to >*>D,
c) p%rpose of the personal data processing,
d) list or scope of personal data %nder I !" par. 4 first sentence of >*>D and
e) additional information in the e@tent necessary for safeg%arding the rights
and law protected interests of the .lient with regard to all circ%mstances and
conditions of the processing of personal data mainly in the range of
advice on vol%ntariness or o&ligation to provide the reB%ested
personal dataN if the >rovider is o&taining personal data of the
.lient p%rs%ant to the .lientOs consent %nder I !! of >*>D,
he shall inform him of the term of validity of the consent, and
if the .lientOs o&ligation to provide personal data res%lts from
a directly enforcea&le legally &inding Dct of the <%ropean
9nion, an international treaty which is &inding for the 0lovaA
/ep%&lic, or an Dct, the >rovider shall advice the data .lient
the legal &asis which imposes this o&ligation, and shall warn
the .lient of the conseB%ences of ref%sing to provide the
personal data,
third parties, provided that it is e@pected or clear that personal
data will &e provided to them,
gro%p of recipients, provided that it is e@pected or clear that
personal data will &e made availa&le to them,
form of maAing p%&lic, provided that personal data shall &e
made p%&lic,
third co%ntries, provided that it is e@pected or clear that
personal data will &e transmitted to these co%ntries
-... 9pon iss%ance of decision p%rs%ant to par. 2.!". of these Terms the .lient shall &e entitled
to acB%aint himself with the proced%re of processing and eval%ation of operations+
!. e@act information, in a generally intelligi&le form a&o%t the so%rce from
which the >rovider o&tained the .lient personal data for their processing,
'. list of the .lientGs personal data, in a generally intelligi&le form, which
constit%te the s%&Pect of the processing,
(. rectification or eras%re of the .lientGs inacc%rate, incomplete or not %pdated
personal data, which constit%te the s%&Pect of the processing,
4. eras%re of the .lientGs personal data, if the p%rpose of their processing was
f%lfilledN if any official doc%ments containing personal data constit%te the
s%&Pect of the processing, the .lient may reB%est their ret%rning,
-. eras%re of the .lientGs personal data which constit%te violation of the law,
2. &locAing of the .lientGs personal data d%e to the cancelation of the consent
for personal data processing &efore its e@piration if the >rovider processes
personal data &ased on the consent of the .lient.
-./. The .lientGs right p%rs%ant to par. 2.,. of these Terms of par. - and 2 may &e restricted
only if s%ch restriction arises from .lientGs separate law or if &y application thereof a
protection of the .lient wo%ld &e violated or the rights and li&erties of other parties wo%ld
&e violated.
-.0. The .lientGs shall &e entitled to o&Pect to the seller %pon a written application, to the
following+
!. processing of the .lientGs personal data, in respect of which the .lient e@pects that
they are or wo%ld &e processed for the p%rposes of direct marAeting witho%t the
.lientGs consent and the .lient shall &e entitled to reB%est for their eras%re,
'. %se of title, name, s%rname and address of the .lient for the p%rposes of direct
marAeting in the mail correspondenceN or
(. provision of title, name, s%rname and address of the .lient for the p%rposes of direct
marAeting.
-.11. The .lient shall &e entitled to o&Pect to the >rovider anytime %pon a written reB%est &y
electronic mail to the processing of personal data in the cases %nder I !" par. ( letters a),
e), f) or g) of >*>D &y stating the legitimate reasons or &y s%&mitting evidence of
%na%thoriMed infringement of the .lientGs rights and legitimate interests that are or can &e
violated &y the processing of personal data in a partic%lar caseN if it is proved that the
legitimate reasons do not prevent it and the o&Pection of the .lient is valid, the >rovider
shall &e o&liged to &locA the personal data, the processing of which was o&Pected &y the
.lient witho%t %nd%e delay and erase them as soon as possi&le, provided the
circ%mstances allow so.
-.11. The .lient shall &e f%rther entitled anytime %pon a written reB%est in the form of
electronic mail to o&Pect to the >rovider and ref%se to s%&mit to the >roviderOs decision,
which wo%ld prod%ce legal effects on the .lient or significantly affect the .lient,
provided that s%ch decision is &ased solely on the acts of the a%tomatic processing of the
.lientGs personal data. The .lient shall &e entitled to reB%est the >rovider for e@amination
of the iss%ed decision &y a method other than the a%tomatic processing, whereas the
>rovider shall &e o&liged to satisfy the reB%est of the .lient in s%ch manner that the
entitled person shall have a decisive role in the e@amination of the decisionN the >rovider
shall inform the .lient a&o%t the manner of e@amination and the o%tcome of the
>roviderGs finding at latest within (" days from the receipt of the reB%est. The .lient shall
&e deprived of the a&ove right only if so stip%lated &y a special law which reg%lates the
meas%res for sec%ring the legitimate rights of the .lient or if the >rovider iss%ed a
decision satisfying the reB%est of the .lient d%ring the pre4contract%al relationship or in
the co%rse of e@istence of contract%al relationship or if the >rovider adopted other
adeB%ate meas%res to ens%re the .lientGs legitimate interests.
-.1(. )f the .lient claims its right
!. in a written form and it is clear from the content of his reB%est that he claims his right,
the application is considered as s%&mitted p%rs%ant to this DctN the application
s%&mitted via electronic mail or fa@ shall &e delivered &y the .lient in a written form
not later than in three days from the date of its e@pedition,
'. in person, ver&ally into the min%tes, from which it m%st &e clear who e@ec%tes a right,
what right is he e@ec%ting and who and when created the min%tes, his signat%re and
the signat%re of the .lientN the >rovider shall &e o&liged to deliver a copy of the
min%tes to the .lient,
(. at the processorQs p%rs%ant to s%&par. ! or ' of this par., the .lient shall &e o&liged to
deliver this reB%est or the min%tes to the >rovider witho%t %nd%e delay.
-.1*. )n case of s%spicion that personal data are processed witho%t a%thoriMation the .lient may
file a petition for commencement of the proceedings on protection of personal data with
the Lffice of >ersonal *ata >rotection of the 0lovaA /ep%&lic.
-.1+. The .lientGs reB%est p%rs%ant to this Drticle shall &e processed &y the >rovider free of
charge e@cept for payment in the amo%nt which may not e@ceed the amo%nt of reasona&ly
inc%rred material e@penses related to maAing copies, acB%iring of technical media and
dispatching the .lientGs information, %nless otherwise provided &y separate law.
-.1,. The .lient agrees that in accordance with I !- par. ! letter &) of >*>D the >rovider may
process the .lientGs personal data for the p%rposes mentioned in par. 2.(. of these Terms
also via processors (partner attorney, acco%nting firm).
-.1-. 9pon s%&mission of the order or registration the .lient may receive the notices on offers
of the >roviderGs services. The .lient may revoAe the s%&missions anytime in the manner
as specified a&ove.
.. OT9ER RIG9TS AND OBLIGATIONS OF CLIENT AND PROVIDER
..1. The >rovider does not g%arantee contin%o%s and flawless operation of the ;e&site and its
sec%rity and is not lia&le for any locAo%ts of the ;e&site for reasons of force maPe%re.
..(. The >rovider reserves the right to maAe interventions into the ;e&site or changes and
modifications thereof witho%t prior notification of .lient or /ecipient.
..*. The >rovider shall not &e responsi&le for any .lientOs damage ca%sed &y a third party
who &y %sing force or errors in .lientOs applications or settings infiltrated the ;e&site and
ca%sed damage or copied, changed or deleted .lientOs saved data. The >rovider shall also
not &e responsi&le for damage ca%sed &y a third party who, not &y >roviderOs fa%lt, gains
%na%thoriMed access to a comp%ter system, to an information carrier or its part and who
&y inserting, transferring, damaging, deleting, lowering its B%ality, amending or &y
s%ppressing the comp%ter data o&str%cts the f%nctioning of the comp%ter system or creates
%na%thentic data with the intent that it &e considered or acted %pon for legal p%rposes as if
it were a%thentic, this even in cases where s%ch action does not constit%te an offense
%nder the .riminal .ode.
..+. The responsi&ility of the >rovider for the content of transmitted data is governed in I 2 of
Dct =o. ''3'""4 .oll. on <lectronic .ommerce, and on the amendment and
s%pplementing of Dct !'3'""' .oll. on 0tate .ontrol of )nternal JarAet in the
.ons%mer >rotection )ss%es, and on the amendment and s%pplementing of certain laws, as
amended &y Dct =o. '43'""' .oll.
..,. The .lient represents that information and doc%ments provided to >rovider are complete,
correct and tr%e. The .lient shall inform the >rovider witho%t %nd%e delay of any changes
in details provided in the 1orm.
..-. The >rovider does not g%arantee that the asserted claim to compensation as per the
/eg%lation will &e enforced.
.... The >rovider shall not &e entitled to engage another person to assert and enforce its claim
for as long as the .ontract is valid.
../. .osts of changes in e@change rates shall &e &orne &y the .lient. )n the event that s%ch
costs were paid &y the >rovider, then the >rovider shall &e entitled to charge them to the
.lient together with the fee, provided that s%ch costs in aggregate are in e@cess of <9/
'."".
/. CONCLUDING PROVISIONS
/.1. Dny and all rights and o&ligations of .lient and >rovider shall &e governed &y the laws of
the 0lovaA /ep%&lic, irrespective of the legal nat%re of the >arties and their domiciles.
/.(. :egal relations (rights and o&ligations) &etween the >rovider and a .lient who is an
entreprene%r and acts within the scope of his trading or other &%siness activities that are
not dealt with &y these Terms shall &e governed &y applica&le legal reg%lations, foremost
&y the provisions of Dct =o. -!(3!##! .oll. .ommercial .ode, as later amended and Dct
=o. ''3'""4 .oll. on <lectronic .ommerce, and on the amendment and s%pplementing of
Dct !'3'""' .oll. on 0tate .ontrol of )nternal JarAet in the .ons%mer >rotection
)ss%es, and on the amendment and s%pplementing of certain laws, as amended &y Dct =o.
'43'""' .oll., as later amended (hereinafter as the 7E%e"!ro'i" Co))er"e A"!8).
/.*. :egal relations (rights and o&ligations) &etween the >rovider and a .lient who is a
cons%mer that are not dealt with &y these Terms shall &e governed &y applica&le legal
reg%lations, foremost &y the provisions of Dct =o. 4"3!#24 .oll. .ivil .ode, as later
amended, Dct =o. '-"3'"", .oll. on .ons%mer >rotection, and on the amendment of Dct
(,'3!##" .oll. on /eg%latory Lffences, as later amended, Dct =o. !"3'""" .oll. on
.ons%mer >rotection in *oorstep 0elling and *istance 0elling and <lectronic .ommerce
Dct.
/.+. )n the event of any disp%te arising o%t of or in connection with the legal relationship
reg%lating the %se of the ;e&site, each >arty may assert its claims at the general co%rt of
the >rovider as per respective provisions of Dct =o. ##3!#2( .oll. .ode of .ivil
>roced%re, as later amended.