General Terms and Conditions

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are drawn up in the Czech language, and the Czech version shall be the only legally binding version; any language versions are for informational purposes only. (hereinafter referred to as the “GTC”)

1. Identification of the Provider

1.1 The service provider is: Name: MOTTIFY s.r.o. Company ID (IČO): 03818144 VAT ID (DIČ): CZ03818144 Registered office: Příčná 1892/4, Nové Město, 110 00 Prague 1, Czech Republic Data box: ri2xh92 Registration: registered in the Commercial Register maintained by the Municipal Court in Prague (hereinafter referred to as the “Provider”) 1.2 The Provider is a VAT payer. 1.3 A Customer shall mean any natural or legal person entering into a contractual relationship with the Provider.

2. Scope of Services Provided

2.1 The Provider provides customers in particular with the following services:

a) arranging or providing transportation of up to 9 persons including the driver, using its own means or contractually secured means within the scope of its valid license,
b) arranging or mediating transportation of persons in vehicles with more than 9 persons including the driver, through third parties – independent carriers – holding the relevant authorization to operate road transport.

2.2 The Provider is entitled to combine its own transportation and mediated transportation within a single order. 2.3 The contractual relationship between the Provider and the Customer is established only upon confirmation of the order by the Provider via email and simultaneous receipt of payment for the service in the Provider’s account.

3. Status of the Provider and the Actual Carrier

3.1 The Provider is not a carrier within the meaning of Section 2(9) of Act No. 111/1994 Coll., on Road Transport, in cases where the transportation is not physically performed using its own vehicles and drivers. In such cases, the Provider acts as a transport intermediary. 3.2 The Provider primarily arranges and mediates transportation through third parties – independent carriers – who provide transportation in their own name and on their own responsibility. 3.3 In cases of arranged or mediated transportation, the actual carrier is exclusively the third party who:

operates the vehicle,
provides the driver,
holds the relevant license and authorization,
operates road transport in its own name and on its own responsibility.

3.4 The actual carrier bears full responsibility for the performance of the transportation, in particular for:

transport safety,
the technical condition of the vehicle,
the conduct of the driver,
compliance with legal regulations,
damage to health, life, and property,
delays, interruptions, or non-performance of the transportation.

3.5 The Provider is responsible solely for the proper arrangement of the transportation, in particular for transmitting the order to the actual carrier. 3.6 The Provider shall not be liable for the course and performance of the transportation in cases where the transportation is carried out by the actual carrier, nor for any damage arising in connection with such transportation, unless such damage results from a breach of the Provider’s obligations in arranging the transportation. 3.7 The Customer acknowledges that all claims arising from the transportation itself must be asserted against the actual carrier. 3.8 The Provider is entitled to select the actual carrier at its own discretion and is only responsible for ensuring that the selected carrier holds the relevant authorization to operate road transport.

4. Liability of the Provider

4.1 The Provider shall be liable solely for:

acceptance of the order,
its proper transmission to the actual carrier,
organizational, coordination, and intermediary activities.

4.2 The Provider shall not be liable for the performance of the transportation itself if such transportation is carried out by a third party as the actual carrier. 4.3 All claims arising from the course of the transportation must be asserted exclusively against the actual carrier. 4.4 The Provider shall not be liable for any acts, omissions, or breaches of obligations by the actual carrier or its employees or subcontractors. 4.5 The Provider shall not be liable for any damage arising in connection with the transportation, in particular damage to health, life, or property, delays, interruptions, or non-performance of the transportation, unless such damage results from a breach of the Provider’s obligations in arranging the transportation. 4.6 To the maximum extent permitted by applicable law, the Provider’s liability shall be limited solely to direct damage resulting from a breach of its obligations in arranging the service and shall be limited to the amount of remuneration paid by the Customer for the respective service. This limitation shall also apply in the case of multiple claims. 4.7 The Provider shall not be liable for indirect damages, loss of profit, loss of opportunity, or any consequential damages. 4.8 The Provider shall not be liable for the selection of the actual carrier, provided that such carrier meets the legal requirements for operating road transport.

5. Liability Insurance

5.1 The Provider is insured for liability for damage arising in connection with its activities through third party liability insurance (Third Party Liability Insurance) with a coverage limit of up to CZK 10,000,000. 5.2 This insurance applies exclusively to the Provider’s liability for its own organizational and intermediary activities. 5.3 The Provider’s insurance does not cover liability for the actual performance of transportation, which is fully covered by the insurance of the actual carrier. 5.4 The Customer acknowledges that all liability for damages arising during transportation is covered by the insurance of the actual carrier and not by the Provider’s insurance.

6. Price and Invoicing

6.1 The price of the service may include:

the price of own transportation,
the price of mediated transportation,
organizational and coordination fees.

6.2 The fact that the Provider invoices the Customer for the total price of the service does not establish its position as a carrier if the transportation is physically performed by a third party. 6.3 Unless agreed otherwise, invoices issued by the Provider shall be payable within 14 days from the date of issue. 6.4 The Provider is entitled to request a reasonable advance payment prior to the commencement of service provision. 6.5 In the event of delay in payment by the Customer, the Provider is entitled to claim statutory default interest. 6.6 The Provider is entitled to condition the provision of the service on full payment of the price or advance payment in advance. Until payment is made, the Provider is not obliged to provide the service. 6.7 In the event of delay in payment by the Customer, the Provider is entitled to suspend or refuse the provision of further services, even without prior notice. 6.8 All prices are agreed as final unless expressly stated otherwise. 6.9 The Provider is entitled to unilaterally adjust the price of the service in the event of changes in input costs, in particular fuel prices, tolls, fees, or other costs related to transportation, up until the moment of order confirmation. 6.10 In the case of non-cash payment, the date of payment shall be deemed the date the amount is credited to the Provider’s account. 6.11 The Customer is not entitled to unilaterally set off any of its claims against the Provider’s claims or withhold payment without the prior written consent of the Provider.

7. Complaints and Claims

7.1 Complaints relating to the organizational or intermediary part of the service may be submitted to the Provider without undue delay, but no later than 24 hours from the provision of the service or the occurrence of the complained circumstance. 7.2 Complaints relating to the course of transportation, safety, delays, or damage shall be forwarded to the actual carrier, who bears exclusive responsibility for them. 7.3 Complaints must be submitted in writing (in particular by email) and must include a description of the defect and, where applicable, supporting evidence; otherwise, they shall not be considered. 7.4 If the Customer fails to submit a complaint within the time limit pursuant to Section 7.1, their claims shall lapse to the maximum extent permitted by applicable law. 7.5 The Provider is not entitled to assess the validity of complaints relating to the transportation itself and is not responsible for their handling. 7.6 The Provider shall not be liable for any claims arising from the transportation and does not act as a party liable for damages in connection with the transportation. 7.7 The Customer is obliged to assert all claims arising from the transportation directly against the actual carrier without undue delay.

8. Cancellation Policy

8.1 The Customer is entitled to cancel the order. 8.2 In the event of cancellation, the Provider is entitled to charge a cancellation fee in the amount of:

0% of the service price if the cancellation occurs more than 48 hours before the scheduled start of transportation,
50% of the service price if the cancellation occurs between 48 and 24 hours before the start of transportation,
100% of the service price if the cancellation occurs less than 24 hours before the start of transportation, unless agreed otherwise individually.

8.3 If the Customer fails to appear at the agreed place and time (so-called no-show), the Provider is entitled to payment of 100% of the service price. 8.4 Cancellation of the order shall also be deemed to occur if the Customer fails to provide the necessary cooperation for the execution of the transportation, in particular if they are not available at the agreed location, fail to provide necessary information, or otherwise prevent the transportation from being carried out. 8.5 The Provider is entitled to set off the cancellation fee against any payment already made by the Customer. 8.6 If the service has been paid in advance, the Provider is entitled to retain an amount corresponding to the cancellation fee. 8.7 Cancellation of the order must be made in writing (in particular by email); otherwise, it shall not be taken into account. 8.8 The decisive time for determining the amount of the cancellation fee is the time the cancellation is delivered to the Provider. 8.9 The Provider is entitled to cancel the order in particular if:

the Customer breaches their obligations under these GTC,
the Customer fails to provide the necessary cooperation for the execution of the transportation,
circumstances arise preventing the execution of the transportation (e.g., technical, operational, or capacity reasons),
the actual carrier refuses or is unable to perform the transportation.

8.10 In the event of cancellation by the Provider, the Customer shall only be entitled to a refund of the price already paid for the service or its unused part; the Customer shall not be entitled to compensation for damages, loss of profit, or any other claims.

9. Force Majeure

9.1 The Provider shall not be liable for failure to perform its obligations if such failure is due to circumstances excluding liability (force majeure), in particular adverse weather conditions, traffic restrictions, actions of public authorities, accidents, strikes, or other unforeseeable events that the Provider could not influence or prevent even with all reasonably required efforts. 9.2 Events on the part of the actual carrier shall also be considered force majeure if they constitute circumstances excluding liability. 9.3 For the duration of force majeure, the Provider shall not be in default with the performance of its obligations. 9.4 The Provider shall not be liable for any damage arising as a result of force majeure.

10. Personal Data Protection

10.1 The Provider processes personal data of customers in accordance with applicable legal regulations, in particular Regulation (EU) 2016/679 (GDPR) and related legal regulations. 10.2 Details on the processing of personal data are set out in a separate document published on the Provider’s website. 10.3 The Customer acknowledges that their personal data may be transferred to third parties to the extent necessary, in particular to actual carriers, for the purpose of performing the ordered service. 10.4 The Provider processes personal data only to the extent necessary for the performance of the contract, compliance with legal obligations, or the protection of its legitimate interests. 10.5 Personal data are processed for the period necessary to fulfill the purpose of their processing and in accordance with applicable legal regulations.

11. Protection of Rights and Website Content

11.1 All content published on the Provider’s websites, in particular on the domains [www.mottify.cz] (http://www.mottify.cz) and [www.mottify.eu](http://www.mottify.eu), including texts, graphic elements, design, structure, logos, photographs, videos, databases, business information, marketing materials, source texts, service descriptions, content arrangement, SEO elements, keywords, business model, know-how, and other related elements, is protected by legal regulations, in particular Act No. 121/2000 Coll., the Copyright Act, provisions of Act No. 89/2012 Coll., the Civil Code, on unfair competition, and other legal regulations protecting intellectual property rights, databases, trade secrets, and know-how. 11.2 Without the prior explicit written consent of the Provider, any copying, reproduction, distribution, publication, processing, imitation, extraction, storage, commercial use, or other use of the content referred to in Section 11.1, in whole or in part, including use for competing or similar business activities, is prohibited. 11.3 Any unauthorized use or imitation of the design solution, wording, website structure, marketing communications, database structure, SEO elements, keywords, business concept, or other elements forming part of the Provider’s business know-how is also prohibited. 11.4 Unauthorized use of content or any other infringement of the Provider’s rights entitles the Provider to seek, in particular, cessation of unlawful conduct, removal of the defective condition, compensation for damages, disgorgement of unjust enrichment, appropriate satisfaction, and other claims to the maximum extent permitted by applicable law. 11.5 The Provider is entitled to assert all available legal remedies against any person infringing rights under this Article, including judicial protection; this does not affect the possibility of applying sanctions arising from applicable legal regulations if their statutory conditions are met. 11.6 All content published on the Provider’s website is of an informational and marketing nature only and does not constitute an offer to conclude a contract or a public offer within the meaning of Section 1732(2) of Act No. 89/2012 Coll., the Civil Code, unless expressly stated otherwise. 11.7 Data, descriptions, illustrations, technical information, price indications, and other information published on the Provider’s website are non-binding, and the Provider reserves the right to change, modify, or remove them at any time without prior notice.

12. Governing Law and Jurisdiction

12.1 Legal relationships shall be governed by the laws of the Czech Republic, in particular:

Act No. 89/2012 Coll., the Civil Code,
Act No. 111/1994 Coll., on Road Transport.

12.2 All disputes shall be resolved exclusively by the courts of the Czech Republic. 12.3 The contracting parties undertake to resolve any disputes primarily amicably.

13. Final Provisions

13.1 These GTC are valid and effective as of 1 January 2026. 13.2 By submitting an order, the Customer confirms that they have read and agree to these GTC. 13.3 The Provider is entitled to unilaterally amend or supplement these GTC; the new version shall become effective on the date of its publication on the Provider’s website. 13.4 If any provision of these GTC is or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions. 13.5 These GTC form an integral part of the contractual relationship between the Provider and the Customer.