GENERAL BUSINESS CONDITIONS
Click2Claim Ltd., with headquarters at Praha, Jičínská 1748/5, Postal Code: 130 00, identification number: 28791215, the company is registered in the Commercial Registrar held at the Municipal Court in Prague, Department C, File 218874
Click2Claim Ltd. contact information:
- The office address of Click2Claim Ltd. is registered in the Commercial Register.
- These general business conditions (hereinafter only GBC) of Click2Claim Ltd., (hereinafter only „C2C“) amend the mutual rights and responsibilities of Click on the one hand and of the clients, Contractual Partners and other C2C subjects (hereinafter only Contractual Partner) on the other hand, whose mutually signed contract (hereinafter only Contract) refer to these GBC.
- C2C especially ensures claims for the compensation for damages or other claims which the Traveler is entitled to according to the Regulation of the European Parliament and Regulation(EU) No. 261/2004 in its valid version and further entitlements from coach and rail (hereinafter only claims or compensation). C2C collects compensation from those companies responsible, especially air, coach and rail transport carriers (hereinafter only Debtor).
- Where GBC mentions physical individuals, it is understood as Travelers and vice versa. A Traveler can only be a physical individual.
- The rights and responsibilities differently amended in the Contract closed between C2C on the one hand and a Contractual Partner on the other hand have precedence over these GBC.
1.5. The rights and responsibilities resulting from these GBC apply to all Contractual Partners, if it is not clear from the GBC that the given provisions apply only to a specific group of Contractual Partners (as is particularly the consumer and entrepreneur according to the Commercial Law).
1.6. If the Contractual Partner is the consumer, in the sense of the Civil Law and by the special legal regulation, the rights and responsibilities of the Contractual Parties from the Contract, as well as from Law No. 634/1992 Coll. about Consumer Protection in its valid version (hereinafter only Consumer) apply.
2. Process of Closing the Contract
2.1. A Contract between C2C and a Contractual Partner can be closed as follows:
a) In document form, when both Contractual Parties sign it,
b) The signing of the Contract by the Contractual Partner and sending a signed, scanned copy of the Contract to C2C’s email address; the Contract is valid once Click signs the scanned copy and returns it to the email address of the Contractual Partner from where it was originally sent, or
c) By means of a registered Form or by means of information filled in when requesting compensation (hereinafter only Form), which is made available at www.click2claim.eu, when the Contractual Partner fills in all required information in the Form and sends this Form to C2C. The Contract is closed once C2C confirms the receipt of the information completed in the Form and confirms that he accepts the offer of the Contractual Partner. C2C is to send this confirmation to the Contractual Partner’s email address as it is stated in the form when it was delivered to C2C. If the Contractual Partner is a physical individual requesting compensation, the Contract is closed once the Contractual Partner receives an email with the Order Contract together with the Price List, when the Order Contract contains information stated by the Contractual Partner within the Form.
The Contractual Partner is obliged to provide C2C with only truthful information. C2C will consider the information as truthful, unless it is completely obvious that it is dealing with untruthful information. In the event that untruthful information is given, the Contractual Partner is obliged to pay Click a Contractual Fine in the amount of CZK 5 000 (or this amount corresponding to the equivalent in EURO). Paying the Contractual Fine does not affect Click’s right to request for compensation of damages incurred to him as a result of this. This obligation of the Contractual Partner to provide truthful information, including the Contractual Fine, applies to the entire period of cooperation between C2C and the Contractual Partner.
2.2. The Contractual Partner is explicitly giving C2C consent that once a Contract between him and C2C is closed, C2C is authorized to begin with providing Services as per the Contract, without any further legal actions of the Contractual Partner.
2.3. The Contractual Partner is aware of the fact that C2C is not obliged to close a Contract with him, without providing a reason.
3. Validity Period of the Contract
3.1. The Contract between C2C and the Contractual Partner is valid for an indefinite period of time, unless otherwise explicitly stated in the Contract.
4. User Account
4.1. C2C is authorized to open a User Account for the Contractual Partner, where the Contractual Partner will especially be able to do the following:
a) Be continuously informed about the resolution phase of his case / cases,
b) Submit requests to C2C for the ensuring of claims,
4.2. When available, C2C will send essential access information (especially the user name and password) to the User’s Account, to the Contractual Partner’s email address, as stated, given that the User’s Account is set to start on the day the Contractual Partner first signs in, using the access information he has received.
4.3. Access to the User Account is secured by a user name and password. The Contractual Partner is obliged to maintain confidentiality about the information necessary for accessing his User Account and not to share this information with any third party. Simultaneously, the Contractual Partner is aware of the fact that C2C is not responsible for a breach of the above mentioned obligation. Simultaneously, the Contractual Partner is obliged to secure access information to the User Account in such a manner so as to prevent a third party from freely accessing it.
4.4. The Contractual Party is not authorized to enable a third party to use the User Account.
4.5. If there are changes to the personal information, the Contractual Partner is obliged to immediately update these changes in the User Account. Changes to information about the Contractual Partner are effective for C2C once they are changed in the User’s Account.
4.6. The Contractual Partner is aware of the fact that the User Account does not have to be accessible continuously, especially with regard to necessary maintenance of the C2C system. The Contractual Partner is not authorized to request access to the User’s Account, regardless of the length of time the User Account is inaccessible. The above mentioned is valid even for cases where not all elements of the User Account are accessible (functional).
4.7. C2C is obliged to assist the Contractual Partner to use the User Account, given that this assistance will be provided by means of email communication. In the event that the Contractual Partner will not be able to set up especially the User Account, hardware or software properly, based on C2C’s instructions, this complication is solely the problem of the Contractual Partner and C2C does not bear any responsibility for this. C2C is not obliged to ensure technical support to the Contractual Partner at his expense.
5. Types of Programs for Contractual Partners (hereinafter only Services or Program)
A summary of Programs is given, which individual Contractual Partners can ensure at C2C, especially by the means of business representatives, employees, C2C intermediaries at www.click2claim.eu or by the means of the User Account.
The content and range of individual Programs is both stated in these GBC and is also available at www.click2claim.eu, where the Contractual Partner can familiarize himself in more detail with it.
5.1. Retail (Individual Traveler)
C2C products are:
a) Travel Assistant (hereinafter referred to as "TA"),
b) Travel Standard
c) Travel Assistant Maxi (hereinafter referred to as "TAM")
C2C by-products are:
a) RATS - Refundation Air Ticket Services
b) Other bus and train assistance services
c) COVID Assistance
d) Assistance with lost, delayed or stolen luggage.
5.3. The content and payment (price) for C2C provided to Contractual Partners are stated especially in the related Contract closed between C2C and the Contractual Partner. Regarding payments (prices), unless otherwise stated in the Contract, C2C is at least entitled to a payment comprised of: a) a service fee in the amount of CZK 550 incl.VAT (for one compensation collected from the Debtor) and further b) from the total in the amount of 25% from the collected fulfillment of the Debtor for the Contractual Partner; or non-financial settlement collected by the Contractual Partner from the Debtor, but a tangible settlement (for example, free of charge airfare), in which case, C2C is entitled to a total in the amount of CZK 500 not incl. VAT per person. If the Contractual Partner has the possibility to choose between financial and non-financial settlement and the Contractual Partner chooses the non-financial settlement, C2C is entitled to a percentage of the payment from the financial settlement allowance, according to the Order Contract. If the Client accepts non-financial payment or a partial financial payment, C2C is entitled to a payment which is calculated from the total amount of the requested compensation.
5.4. The Mandatary recompense does not incude any fee charged by the banks to the bank operations connected to the financial settlement of the payments, such as charge for outgoing/incoming payment, currency conversion etd. These fees are charged by third person (the bank), have no relationship to the Mandatary´s activities and could be charged to the Principal.
6. Using Services by the Contractual Partner
6.1. Services provided by C2C are intended exclusively for Contractual Partners. The Contractual Partner is not authorized to give the use of these Services to a third party. If this obligation is breached, the Contractual Partner will pay C2C a Contractual Fine in the amount of CZK 50 000 (or the amount corresponding to the equivalent in EURO), if it is concerning the consumer. If it is concerning an entrepreneur, as according to the Commercial Law, then the Contractual Fine is in the amount of CZK 50 000 (or this amount corresponding to the equivalent in EURO). The payment of the Contractual Fine does not affect C2C’s right to request compensation of damages incurred as a result of this.
7. Click Reward and Payment Conditions
7.1. Based on the Contract, the GBC (hereinafter only Activities of Click), C2C is entitled to payment for the Activities it provides to Contractual Partners in the amount which is mentioned in the Contract or in the GBC. A summary of Click’s possible payments are available on the web pages of C2C.
7.2. Payment for the Activities of C2C provided to Contractual Partners is payable in the period and under the conditions stated in the Contract. Unless otherwise agreed upon by the Contractual Parties in the Contract, it applies that payment is due on the day when the Debtor’s settlement will be provided to C2C. Click is authorized to keep an amount from the Debtor’s settled payment, which corresponds to his payment according to the Contract or the GBC and is obliged to send the remaining amount to the Contractual Partner within 20 (twenty) workdays from the day he obtains the Debtor’s payment. If the Debtor’s payment is provided directly to the Contractual Partner, he is obliged to pay C2C within 5 (five) calendar days from the day he obtains the settlement at the latest, into bank account no. 2000688772/2010 (EURO) held at the FIO Bank, Corp. IBAN CZ7820100000002000688772, or into bank account no. 2100688761/2010 (CZK) held at the FIO Bank, Corp.
7.3. If a monthly lump sum, quarterly, semi-annual or annual payment is agreed upon between C2C and the Contractual Partner for the Activities of Click in favor of C2C, this payment is always payable on the 25th day of the month which precedes the related period for which the amount is paid. C2C sends a notification to the Contractual Partner to his electronic email address. C2C is not liable for the actual receipt of this notification. A tax receipt is sent to the Contractual Partner in the same way.
7.4. If there is a delay of payment from the Contractual Partner for whatever amount according to the Contract, the GBC, he is neither entitled to a possible discount in the price for the Activities of C2C; Click is also authorized to limit or suspend the provided Activities of C2C, including the possibility of making the User’s Account inaccessible.
7.5. If the Contractual Partner is in delay of payment of whatever amount to C2C, C2C is entitled to a legal interest from the delay, if it is regarding the consumer. If it is regarding an entrepreneur, C2C is entitled to interest in the amount of 0.1% of the owed amount for every day in delay.
7.6. The Contractual Partner is obliged to make payments in accordance with C2C’s instructions and if a payment is made by a bank transfer, it is sent together with the variable symbol of the payment. If a payment is made by a bank transfer, the payment is made on the day it is credited into C2C’s account. If a payment is made by cash, payment is made once C2C takes over the money.
8. Sending Business Correspondence
8.1. In accordance with provision section (§) 7 Law No. 480/2004 Coll. about Some Services of Information Companies in its valid version, the Contractual Partner agrees with receiving information at the Contractual Partner’s email address, which is related to the Activities of C2C.
8.2. In the event that the Contractual Partner would assume that C2C is sending business correspondence, which is in contradiction with the law, he can request C2C for an explanation and further demand that C2C remove such existing correspondence. According to the previous sentence, if the Contractual Partner’s request is found to be legitimate, C2C will immediately remove this illegal information.
9. Responsibility of Confidentiality
9.1. The Contractual Partner is aware of the fact that within the Contract he can obtain information from C2C which is considered as being confidential. Especially all information which is, or could be, part of C2C’s business secret; furthermore, methods and procedures on which the Activities of C2C are based, and technology ensuring the Activities of Click, are all considered as being confidential.
9.2. The Contractual Partner is obliged to maintain confidentiality regarding confidential information. If it is concerning an entrepreneur, he is also obliged to ensure confidentiality regarding confidential information from his employees, workers, authorized personnel, statutory bodies, and members of statutory bodies, members of the supervisory board, partners and other individuals, who can have access to this information.
9.3. The Contractual Partner cannot, without the written consent of C2C, use the confidential information for his own use, for the use by a third party or by the means of a third party.
9.4. When the Contractual Partner breaches the obligation of confidentiality, he is obliged to pay C2C a Contractual Fine in the amount of CZK 50 000 (or this amount corresponding to the equivalent in EURO), if it is concerning the consumer. If it is concerning an entrepreneur, according to the Commercial Law, then the Contractual Fine is in the amount of CZK 50 000 (or this amount corresponding to the equivalent in EURO). The payment of the Contractual Fine does not affect C2C’s right to request compensation for damages incurred as a result of this.
9.5. The provision about confidentiality applies for five (5) years following the termination of the effectiveness of this Contract.
10. Other Rights and Responsibilities of the Contractual Parties
10.1. C2C is obliged to proceed with professional care when ensuring the Activities of C2C for the Contractual Partner and by his negotiations will take all the necessary actions to collect compensation for the Contractual Partner.
10.2. By the closing of the Contract between C2C and the Contractual Partner, no financial entitlement or any other settlement directly from C2C arises for the Contractual Partner, apart from the entitlement of settlement, when through C2C, the Contractual Partner will collect compensation from the Debtor. C2C explicitly states that it is not responsible for the result and it is also admissible that C2C will not collect any compensation for the Contractual Partner from the Debtor.
10.3 In the event of litigation to enforce compensation from the debtor, C2C is represented by an attorney, with whom C2C has entered into an agreement. The Contractual partner shall give power of attorney for representation in litigation to the attorney. Expenses related to the trial (including eventual reimbursement of legal costs on the debtor´s side, provided those have been effectually adjudged by the Court) are defined as follow:
a) the court fee (the minimum amount of CZK 1,000) is paid by C2C
b) costs associated with legal representation by a lawyer, including all cash expenses lawyer (travel expenses, loss of time, cost of evidence, communication, translations etc.) over the amount of 1000 CZK are paid by C2C. Costs up to the amount of CZK 1,000 inclusive, incl. VAT, per person represented, shall be borne by the Contractual party and only in case of successfully settled dispute when the indemnity amount is paid in favour of the Contractual party.
c) exception is the case when the contractual partner requests to start a lawsuit, although the C2C does not agree with litigation, and also a situation when the Contractual partner issues a legal instruction to take back the lawsuit and suspend legal enforcement without a reason or accepts an offer outside the legal settlement which does not contain the full compensation of the cost of legal representation. In this case, the participation of the Contractual party to the costs of legal representation and litigation shall be in the amount of CZK 2,500 incl. VAT per one represented person).
d) if a legal dispute recommended by C2C has completely failed, resulting cost of legal represetnation and all litigation costs including eventual reimbursement of legal costs on the debtor´s side, are paid by C2C.
10.4. The Contractual Partner agrees with the use of distance communication means (especially by email) upon closing the Contract. Any possible costs incurred to the Contractual Partner upon using distance communication means in relation to closing the Contract, is paid for by the Contractual Partner himself. The Contractual Parties have explicitly agreed that if they are to communicate by means of distance communication, the decisive information is such as was stated (valid) at the time the Contractual Relationship was closed, unless one of the Contractual Parties did not justifiably notify the other Contractual Party about changes to this information.
10.5. The Contractual Partner cannot especially use the User Account or the Services in such a manner which would unduly limit the other Contractual Partners of C2C or in any other manner unduly limit C2C.
10.6. In the event of the termination of the effectiveness of this Contract (due to any reason), C2C can remove all information (including data) of the Contractual Partner, which has been downloaded into the server and made available to C2C.
10.7. In relationship to the Contractual Partners, C2C is not obliged by any code of conduct in the sense of provision.
10.8. C2C is authorized to use the business company, name or the name of the Contractual Partner for marketing or advertising purposes for all types of advertising material (regardless of the type of this advertising material or the form in which this material is shared).
10.9. C2C can also ensure all Activities for the Contractual Partner by means of a third party.
10.10. The Contractual Partner is aware that the use of any labels, symbols, words or text made available at www.click2claim.eu, is strictly prohibited. If this obligation is breached, the Contractual Partner is obliged to pay C2C a Contractual Fine in the amount of CZK 50 000.
10.11. The Contractual Partner declares that he entered into this Contractual Relationship with C2C voluntarily aware that he could claim his entitlements on his own or by the means of other solutions. C2C is also not responsible for the fact that the Contractual Partner has entered into a Contractual Relationship with it.
11. The Termination of Contractual Relationships
11.1. The Contract is terminated based on the Parties’ agreement, notification, or withdrawal. Further fulfilled purposes and conditions of the Contract for both Contractual Parties are at least the provision of the Debtor’s settlement and payment to the Ordered Party.
The Contract without another termination, can be terminated if C2C notifies the Contractual Partner by means of email that his claim is classified as non-recoverable.
11.2. The Contractual Parties can terminate the Contract in a period of three (3) calendar months given that the termination period commences from the month following the delivery of the termination to the other Contractual Party. The reason for termination must be stated in the notification.
11.3. The Contractual Parties can withdraw from the Contract only under the following cases:
a) A serious breach of contractual obligations of one party has occurred even when the other Contractual Party warned of this drawback in writing and corrective measures were not taken in due time (the failure to provide any cooperation by the partner, the withholding of any remuneration or commission by the partner, the breach of confidentiality shall be considered a material breach of contract).
b) The Contractual Partner is in delay of payment.
c) In the event of using distance communication means, the Contractual Partner, who is the consumer, is authorized to withdraw from the Contract in a time period of 14 days from the taking over of the settlement (provision (§) 1829 of the Civil Law), which does not apply when the settlement of a Service from the side of C2C has been commenced (provision (§) 1837 letter a) of the Civil Law.
11.4. In the event that settlement of the Debtor to the Contractual Partner takes place in a period of one (1) year following the termination of the Contract by the Contractual Partner, C2C is entitled to receiving payment under the conditions and scope according to this Contract and / or the GBC. This case does not apply for the withdrawal from this Contract by the consumer according to provision (§) 1837 of the Civil Law.
12. Click’s Liability for Damages and the Right of Claims
12.1. The rights and responsibilities of the Contractual Parties regarding C2C’s liability for damages in Service are governed by the related generally binding legal regulations. If the Contractual Partner is a consumer in the sense of the Civil Law, his right is governed by provision followed by the Civil Law and further by Law No. 634/1992 Coll., about Consumer Protection in its latest version, upon submitting claims.
12.2. For claims, the Contractual Partner is obliged to especially use the Contact Form, which is available at www.click2claim.eu.
12.3. If the Contractual Partner’s request is not submitted by means of the Contact Form, the Contractual Partner is entitled to claim his rights resulting from C2C’s liability for damages in writing to C2C’s office address or by email. For all Contractual Partners, C2C will deal with claims in a period of 30 calendar days and will send a report about the submitted claim to the Contractual Partner on the last day of the stated period, at the latest.
The time for completing the claim is not included in this period. During the claim, the Contractual Partner is obliged to provide C2C with maximum cooperation. A Contractual Partner, who is not a consumer, is aware of the fact that C2C is providing an above-standard Service to him, which does not result from any legal regulation.
12.4. The Contractual Partner is aware of the fact that if the Contractual Partner files a claim for the Services of C2C, this has no influence on the obligations of the Contractual Partner to pay for the Activities of C2C.
12.5. Costs for the filing of a claim are incurred by the Contractual Partner, if the claim is found to be illegitimate.
13. Sanctions and Contractual Fines
13.1. If the Contractual Partner is in delay of any payment related to the Activities of C2C, C2C is authorized to suspend or limit the provision of Services, including the possibility to make the Contractual Partner’s User’s Account inaccessible or cancel it completely.
13.2. According to the GBC, any Contractual Fine is payable upon the written notification of C2C. The Contractual Partner is obliged to pay the Contractual Fine in the method and the time period stated in writing in the notification.
14. Protection of Personal Information
15. Mutual and Final Provisions
15.1. The Contractual Parties have explicitly agreed that if communication between the Contractual Parties exist by means of the Internet (email), an electronic signature (certificate), according to a special legal regulation, is not necessary for the validity of legal actions, nor is it necessary to send this correspondence into a data box, according to a special legal regulation.
15.2. All correspondence between C2C and the Contractual Partner must be delivered to the other Contractual Party by email or by courier mail by a licensed mail carrier.
15.3. C2C is authorized to change or amend the wording of the GBC. By this provision, no right and responsibilities which arose for the period of effectiveness of the previous GBC version is affected.
15.4. The valid wording of the GBC, including the wording of the original GBC, along with the period of validity, will always be made available at www.click2claim.eu.
15.5. These GBC, Contracts and legal relationships related to it are governed by the Law of the Czech Republic. The decisive language is the Czech language.
15.6. All disputes arising from the GBC, Contracts and legal relationships related to it will be decided with final validity at the Arbitrary Court of the Business Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic according to its Orders and Rules by a third arbitrator. The negotiating language will explicitly be the Czech language. The arbitrary court has its office in the capital city of Prague.
For more information about the rules, orders and other details regarding negotiations before an arbitrary court, go to www.soud.cz .
15.7. Without the previous written consent of Click, the Contractual Partner is not authorized to share the rights and responsibilities of this Contract with a third party.
15.8. If any of the GBC provisions become ineffective, they will be replaced by a provision, whose sense is most similar to the invalid provision. The invalidity or ineffectiveness of the provision does not affect the validity of other provisions.
15.9. These GBC provisions are valid and effective from 1.10.2020 and fully replace the GBC provisions which were effective from 2.12.2015.
Ing. František Herynk, CEO