1.1 The Provider shall sell and the Client shall purchase the Service in accordance with any quotation or offer of the Provider which is accepted by the Client, or any reservation of the Client which is accepted by the Provider.

1.2 Pavel Hainrich Táboritská 1076/9, 130 00 Praha 3 (hereinafter referred to as “PHCars”) arranges agreements on Services (“Service Agreements”) which are concluded between Users and Service Providers. „Users“ in terms of these T&C are individuals and legal entities who use the online platform, as well as through the applications for mobile devices. The service of PHCars is made up only by the arrangement of an entitlement to carriage for a User over a transportation service provider (“TSP”) as an intermediate, and not in the provision of the travel service itself.

1.2 A Contractual Relationship: PHCars enables Users to arrange and schedule Services with Service Providers (i.e. licensed chauffeur / limousine companies). PHCars arranges agreements on Services (“Service Agreement”) which are concluded between the User and the Service Provider directly. Thus, Users are entitled to file claims against Service Providers directly. The User acknowledges that PHCars serves strictly as an intermediate or broker and not as a transportation service provider. The User shall have no claim to the formation or arrangement of Service Agreements.

1.2 B contract will only come in to being upon the acceptance of the Provider of the reservation and the following conditions shall be deemed to be incorporated in the contract. The Client accepts these terms & conditions by placing a reservation, booking with the provider via but not limited to the providers; web site or any of our applications through whatever platform (hereafter collectively referred to as the „website“), via telephone, or via any representative agent.

1.3 The Contract will be subject to these conditions. The provider reserves the right to revise these terms & conditions at any time without prior notice at its sole discretion. Any revised terms and conditions will be posted on the provider’s website and will come into effect 1 hour after posting.

1.4 No reservation order submitted by the client shall be deemed to be accepted by the provider unless and until confirmed in writing by email, telephone or otherwise by an authorised representative of the provider.

1.5 The specification for the services shall be those set out in the providers sales documentation unless varied expressly in the clients reservation (if accepted by the provider). The service will only be supplied as stated in the providers price list. Reservations orders received other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in the website, brochures, price lists or other documents issued by the provider are intended as a guide only and the contents shall not be binding on the Provider.

1.6 The Provider reserves the right to make any changes in the specification of the services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the services are to be supplied to the Providers specification, which do not materially affect their performance.

1.7 Sub-contracting companies are not authorised to make any representations or claims concerning the service unless confirmed by the Provider in writing by email, telephone or otherwise. In entering into the Contract the client acknowledges that it does not rely on, and waives any claim for beach of, any such representations, which are not so confirmed.

1.8 No variation to these Conditions shall be binding unless agreed in writing between the client and the provider.

1.9 Sales literature, price lists and other documents issued by the provider in relation to the service may be subject to alteration. No contract for the offer of service shall be binding on the provider unless the provider has issued a quotation which is expressed to be an offer of service; or has accepted a reservation placed by the client.

1.10 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Provider shall be subject to correction without any liability on the part of the Provider.

1.11 The price of the Service shall be the price listed in the Providers published price list current at the date of acceptance of the clients reservation or such other price as may be agreed in writing by the provider and the client.

1.12 Where the provider has quoted a price for the service other than in accordance with the Providers published price list the price quoted shall be valid for 24 hours only or such other time as the Provider may specify.

1.13 The Provider reserves the right, by giving notice to the Client at any time before delivery, to increase the price of the service to reflect any increase in the cost to the provider which is due to any factor beyond the control of the provider (such as, without limitation, any foreign exchange fluctuation, currency regulation or alteration of duties, any change in delivery dates, quantities or specifications for the service which is requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to give the Provider adequate information or instructions.

1.14 The Provider reserves the right to use the services of contractors or sub-contractors (herein known as third parties) to provide services to Clients. Where appropriate details i.e. names, addresses of any such third parties will be provided by the Provider upon any reasonable request and at the discretion of the Provider.

1.15 A maximum time of 30 minutes for address/hotel collections & 60 minutes for airport, port or station collections will be allocated, whereupon non-contact with the client will classify the reservation to be a NO SHOW & will be subject to clauses 2.2 & 3.1.1.

Terms Of Carriage

2.1 The Providers (herein known as PHC) prices are based on Clients (herein known as passengers) being ready to travel at the booked time. Clients must book their ground transfer in accordance with check in times and guidelines provided by their relevant air or cruise line.

2.2 Fares quoted are flat rates. Any diversions, additional set downs or pickups by passengers will incur a minimum charge of 200 CZK per diversion. Fares quoted that are not booked will have a validity of 24 hours. PHC reserves the right of altering any prices without prior notification however quotations on confirmed bookings will be binding.

2.3 Neither PHC nor any of its contracted or sub-contracted drivers will accept responsibility for loss or damage to luggage. Clients are responsible for ensuring that their luggage is loaded / unloaded at all times, if accompanying the luggage on the journey. PHC & or its contracted or sub-contracted drivers have the right to refuse any passenger or to make the journey due to the passenger having excess luggage which would result in the vehicle being unsafe whilst in motion.

2.4 Vehicles are booked by clients as requested. Saloon and Estate cars carry a maximum of 4 passengers & luggage. Vehicles to carry a larger no of passengers & luggage are available & are to be booked as required, (for luggage limitations, vehicle types and relevance view vehicles).

2.5 Damage to vehicles caused by passengers due to soiling is chargeable at the rate of 2000 CZK in cash or by payment card at the time of instance by the driver.

2.6 PAT will not carry in its vehicles any of the following: Explosives, firearms, flammables, tear gas, mace, pepper spray Perishables, Fragile, breakable, or temperature sensitive items, Hazardous waste, Pressurized containers, Securities and negotiable papers, Human remains, illegal narcotics / drugs. PAT reserves the right to refuse the carriage of luggage and / or animals which was / were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box

2.7 In the instance where an accompanied luggage is transported. You agree to defend, indemnify and hold PAT and its owners, workers, clients, agents, and driver harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys‘ fees, arising from or related to your acts or omissions in connection with your use of the Service and omissions in relation to clause 2.6.

2.8 In the instance where an accompanied luggage is transported. PHC will try its best to deliver the luggage to the exact destination as booked by the passenger. If the driver is unable to obtain a signature for the receipt of luggage on such delivery, the driver is within his/her remit to return the luggage to our head office where storage and additional delivery costs may be incurred.

Cancellations / Cancellation charges

3.1 Reservations that have been accepted and confirmed by the Provider may be cancelled by the Client by email on: info@phcars.cz. Vehicles that are cancelled by client after reservation acceptance by the provider shall incur a cancellation charge.

3.1.1 Cancellations that are not informed of are deemed to be of the status ”NO SHOW” and will subject to a charge of 100%.

3.1.2 Cancellation informed 2 hours or more prior to booked journey time can be cancelled without any charge except Intercity Transfers and transfers for more than 8 passengers where 12 hours notice is required.

3.1.3 Cancellations not informed up to 2 hours (12 hours for Intercity Transfers and transfers for more than 8 passengers) prior to the time of booking, cancellation charge incurred: 100% of quoted fare.

3.1.4 Limousine transfers (Hummer, Lincoln, Mercedes S Class) cancellations must be made at least 24 hours prior the planned trip, otherwise 100% of the quoted fare is charged.

3.1.5 Vehicles that are booked by the client that are not suitable for the purpose for which they have been booked for as in clause 2.5 will be subject to clause 2.2 and 3.1.3.

General Applications

4.1 The Provider shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Providers obligations in relation to the Service, if the delay or failure was due to any cause beyond the Providers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Providers reasonable control directly or indirectly:-

4.1.1 Force majeure, explosion, flood, tempest, fire or accident;

4.1.2 War or threat of war, sabotage, insurrection, act of terrorism, civil disturbance or requisition;

4.1.3 Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

4.1.4 Traffic accidents, traffic hold ups, traffic congestion;

4.1.5 Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Provider or of a third party);

4.1.6 Flight delays, flight cancellations, early arrivals;

4.1.7 Power failure or breakdown in machinery including vehicles and computer systems.

4.2 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

4.3 Except as expressly provided in these Conditions, the Provider shall not be liable to the client by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the client (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Provider, its servants or agents or otherwise) which arise out of or in connection with the supply of the services.

4.4 If clause 3.1.5 applies then without prejudice to any other right or remedy available to the Provider, the Provider shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the client, and if the Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

4.5 The Client undertakes to the Provider that:-

4.5.1 the client will regard as confidential the Contract and all information obtained by the client relating to the services of the Provider and will not use or disclose to any third party such information without the Providers prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the clients default;

4.5.2 The client will use all reasonable endeavours to ensure compliance with this condition by its employees, servants and agents. This Condition shall survive the termination of the contract.

Governance

5.1 No waiver by the provider of any breach of the Contract by the client shall be considered as a waiver of any subsequent breach of the same or any other provision.

5.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

5.3 The Contract shall be governed by the laws of The Czech Republic.

Disclaimer

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Status: Prague, 17. December 2019