Terms and Conditions
This document provides translation of original „Obchodní podmínky“ available in Czech language. If there’re any doubts in the meaning, Czech version is considered like valid. If something is unclear, please don’t hesitate to ask us for explanation.
Definition of terms
Lessor – legal entity intermediating the service of borrowing the subject Spešl s.r.o., C 282789 headed by the Městský soud v Praze IČ: 06517081
Lessee, User – A person who takes the item for hire and signs a handover protocol.
Start date – is the date that specifies the start of the borrowing of the subject, ie the date to which the subject is transferred to the borrowing and the handover protocol is signed.
Expected End Date – is the date on which the Lessee undertakes to return the Loaned item specified in the Delivery Report to the Lessor. This will be a confirmation. The date may be shifted, but only upon confirmation and consent from the Lessor.
Subject – the borrowed movable thing, leased by Lesee.
Rights and Obligations of the Lessee
The Lessee is obliged to use the Subject of Lease as a Good Manner, and only for the intended purpose or, if not agreed, for the customary purpose which is not inconsistent with the manufacturer’s instructions. The Lessee is obliged to pay the rent according to the price list published on the pujcovna-praha-vychod.cz.
Lessee shall not change or modify the subject of the lease without the Lessor’s prior consent. If the Lessee changes the Lease Subject without the Lessor’s consent, the Lease Subject shall to be entered in its original state. Any modification, replacement of functional parts or parts without the Lessor’s consent is considered like a serious violation of this Agreement and will be treated in the same way as if the item was damaged. However, the Lessor reserves the right to modify and repair the Lessee by mutual consent after prior notice, when no sanctions are applied.
The lessee is obliged to carry out routine maintenance of the subject at its own expense, incl. its lubrication, if required by Subject for its common operation. Regular maintenance is carried out according to the recommendation of the Subject manufacturer.
The lessee is obliged to consider the level of his / her experience and knowledge in relation to the loaned Subject, to take care of his / her personal safety and to avoid harm to himself / herself and to other persons. If the Lessee is unable to safely use the Subject, he is required to request the necessary information from the Lessor and shall not to use the Subject. All risks and liability arising from the use of the Subject are transferred to the Lessee.
The rental agreement is always concluded for a certain period, which is defined in the delivery protocol in the Start date box, the expected end date. The Lessor is obliged to demonstrate to the Lessee the Subject and to allow reasonable conditions for the Lessee to make sure that the Subject is functional, undamaged and complete. The Lessee is obliged to make sure that it is functional, undamaged and complete and this is confirmed by its signature in the handover protocol. In the case of Lessee requires any notes, the Lessor is obliged to enter these in to the protocol and the Lessee is not obliged to guarantee in any way the defects defined in this way.
The Lessee is obliged to use the Subject in accordance with the manufacturer’s instructions, as stated on www.pujcovna-praha-vychod.cz. In the case of that any signs of damage or failure appear on the Subject, it is necessary to stop using the Subject and contact the Lessor. The Lessee has to contact the Lessor when he / she is not sure how to use the Subject. The resulting situations will be settled by agreement – primarily, they can be adequately resolved by a replacement lease period, a reduction in the cost, etc.
In the case of return of a contaminated Subject by the Lessee, the Lessor has the right to require the Lessee to pay a flat-rate cleaning fee of CZK 200, incl. VAT.
The expected end date may only be changed based on the Lessor’s agreement. The Lessee can also get it by phone. The Lessee comply with the agreed End Date. In the case of the Subject is not refunded, the Lessee is obligated to pay a penalty equal to twenty times the current daily rental rate for the Subject for each day following the End of Date of the Loan. The parties undertake that the claim incurred will be primarily paid to the Lessor by the Lessee’s deposit. However, no further receivables against the Lessor are incurred, which can not be repaid after the deposit has been depleted. If the debt incurred exceeds the amount of the deposit, a contractual fine of CZK 10,000 shall be paid to the Lessor. All costs incurred for the eventual recovery of unpaid claims will also be charged from Lessee.
Rights and Obligations of the Lessor
The Lessor has the right to require the Lessee to submit two valid identity documents containing the photograph. If the Lessee fails to submit the documents, the Lessor has the right to refuse to act with the Lessee.
The Lessor is not responsible for any defect which, at the time of the conclusion of the Contract, was known to the Lessee and which does not prevent the use of the Lease Object. If the Object is defective, the Lessor shall record all defects in the protocol upon acceptance by the Lessee. Their existence will not be taken into account when returning the equipment and the Lessee can not be sanctioned for any purpose.
Liability for damage caused by the Lessor in connection with the lease is limited in such a way that it is not possible to claim compensation for actual damage consisting of paid and unpaid fines, which the Lessee is obliged to pay to a third party. The Lessor is not responsible for profit loose. The lessee accepts this risk only and only on himself. Actual damage is returned only up to the amount corresponding to the rent.
The Lessor has the right at his own discretion to refuse to provide the Service, and in cases where it is obvious that service charges can not be incurred, the Subject may be damaged or other damage may be caused.
The Lessee will pay the deposit whenever the item is borrowed, in cash and in the currency of CZK and in the amount agreed by the both parties. The deposit is negotiable, interest free. The deposit is returned in full to the lessee at the time the loan is returned to the lessor under the conditions set out in this document.
Repayment of a refundable deposit may be delayed by the Lessor if the Tenant does not return the Object completely, without damage, the item was excessively worn. In such cases, the Lessee will be returned by the Lessor after repair or purchase of the same property from the Lessee to the Lessor.
The Contracting Parties undertake to settle the complications that arise in an amiable manner in particular by agreement. Agreement should be done immediately once Subject is retired, if possible.
Handling of personal information
In accordance with the GDPR and the Czech legal order, the Lessor undertakes to keep the lessee’s personal data only for as long as is necessary and safe. The period between the date of origin and the moment of the return of the functional and full submission is deemed to be necessary or this period will be extended until all claims of the parties have been settled.
The handling of personal data is governed by a definition published on the website of www.spesl.cz, unless otherwise stated in the specific cases on the website pujcovna-praha-vychod.cz.