1. INTRODUCTORY PROVISIONS

1.1 These General Terms and Conditions (hereinafter the "GTC") of a business company NEXT MILE s.r.o., with its registered office at U Václava 622, Příbram II, 261 01 Příbram, Czech Republic, ID No.: 195 45 975, VAT No.: CZ19545975, registered in the Commercial Registry at the Municipal Court in Prague under file no. C 388206 (hereinafter the "Supplier") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred the "Civil Code"), the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a supply contract (hereinafter the "Supply Contract") concluded between the Supplier and another natural or legal person (hereinafter the "Customer"). For the purposes of these GTC, a supply shall be understood as the complete installation of all ordered services, which the Supplier performs together with its subcontractors.

1.2 Provisions deviating from the GTC may be negotiated in the Supply Contract. Deviating provisions in the Supply Contract take precedence over the provisions of the GTC.

1.3 Provisions of the General Terms and Conditions form an integral part of the Supply Contract.

1.4 The Supplier may unilaterally change or supplement the wording of the GTC. This provision shall be without prejudice to the rights and obligations arising during the period of validity of the previous version of the GTC.

2. CONCLUSION OF THE SUPPLY CONTRACT

2.1. The service offer is presented to the Customer via the Supplier's website operated on the website located at www.nextmiletravel.com (hereinafter the "Website"). The Supplier reserves the right to change the service offer. The price of any service will be communicated by the Supplier on request.

2.2. All presentation of the services on the Website is for informational purposes only and neither the Customer nor the Supplier is obliged to enter into a Supply Contract in respect of the services. Section 1732(2) of the Civil Code shall not apply.

2.3. The Website contains information on individual services, on the possibility of combining them or on individual service packages. This provision does not limit the Supplier's ability to conclude a Supply Contract on individually negotiated terms with the Customer.

2.4. None of the services offered are fixed until confirmation from the relevant subcontractors of the services and approval by the Customer (i.e., confirmation of the order and payment of the deposit, unless otherwise stated).

2.5. To order services (delivery), the Customer shall proceed as follows:

  • A) send the Supplier a request for services to the following electronic address info@nextmiletravel.com with a specific specification of the intended service, i.e.,: the date of provision of the service, transport requirements, provision of accommodation, provision of catering, provision of conference room rental including audio-visual equipment, accompanying programme and catering, provision of guide services, provision of accompanying activities (e.g. cruise, sightseeing flights) (hereinafter collectively also referred to as the "Services" or the "Events"), etc.
  • B) Following a request for specific Services, the Supplier will create an official quotation for the Customer, which will include the individual service items requested by the Customer, including their valuation, as well as the total quotation price. The Supplier reserves the right to additionally increase the total price of the Services depending on the development of the annual inflation rate or the change in the value added tax rates in the countries within which the Services are provided or ordered and in which the delivery will take place.
  • C) The Supplier shall send the official quotation back to the Customer's electronic address. In case of confirmation of the quotation by the Customer, the Customer will receive detailed information on the payment terms and cancellation fees for each Service.
  • D) The contractual relationship between the Customer and the Supplier shall be established by the delivery of the acceptance of the order sent by the Supplier to the Customer by electronic mail to the Customer's electronic mail address. The Supplier shall send the Customer a tax invoice to the Customer's email address. By issuing the advance invoice, the Supplier confirms the Customer's order and the Customer's payment of the advance invoice shall be deemed to complete the order.

2.6. The Customer expressly agrees to the use of remote means of communication in concluding the Supply Contract, in particular the electronic address (e-mail).

3. PAYMENT AND CANCELLATION TERMS

3.1. The Customer is obliged to pay the Supplier for deliveries in the form of a cash or non-cash payment to the bank account indicated on the tax invoice with the relevant variable payment symbol by the due date indicated on the tax invoice.

3.2. Payment terms as regards payment for individual Services, the Supplier shall determine as follows:

  • Accommodation: According to the contract with the relevant hotel
  • Transport: 100% paid in advance
  • Other services: 100% paid in advance

3.3. The Supplier reserves the right to deviate from the payment terms set out in paragraph 2 of this Article in the case of individual negotiation of payment terms with suppliers, where the Supplier is entitled to provide the option of payment in advance in the amount of 80%-90%, with the remaining part of the price to be paid within 14 days of the provision of the Services, depending on the specific agreement. This derogation is at the sole discretion of the Supplier.

3.4. Cancellation terms of individual Services shall be determined by the Supplier as follows:

  • • Accommodation: According to the contract with the relevant hotel
  • • Transport:
    • o 96 hours prior to the Event = 0% cancellation fee
    • o 72 hours prior to the Event = 30 % cancellation fee
    • o 48 hours prior to the Event = 50 % cancellation fee
    • o 24 hours prior to the Event = 100 % cancellation fee
  • • Ostatní služby:
    • o 72 hours prior to the Event = 0 % cancellation fee
    • o 24 hours prior to the Event = 100 % cancellation fee
    • o 48 hours prior to the Event = 50 % cancellation fee

3.5. The Supplier reserves the right to deviate from the cancellation terms set out in paragraph 4 of this Article depending on the specific circumstances and taking into account the conditions of the individual subcontractors of the Services provided.

4. WITHDRAWAL FROM THE CONTRACT

4.1. The Customer is entitled to withdraw from the contract at any time before commencement of delivery. The withdrawal must be delivered in writing (at least by e-mail) by the person placing the order. The Supplier shall only do so if the Customer breaches its obligation or if the Service cannot be provided to the extent ordered by the Customer for objective reasons. An objective reason on the part of the Supplier shall be deemed to be the fact that the subcontractor of a particular Service fails to deliver that Service or delivers it under unsatisfactory conditions. In such a case, the Contracting Parties shall reimburse each other for the Services provided to date within 14 days of the effective date of withdrawal from the contract. In the event that the Customer withdraws from the contract before the Event (provision of the Service) has taken place, the Supplier shall be entitled to charge the Customer a withdrawal or cancellation fee in accordance with Article III, paragraphs 4 and 5 of the General Terms and Conditions, the percentile of which is a percentage of the total price of the individual Services.

5. RIGHTS FROM DEFECTIVE PERFORMANCE AND COMPLAINTS

5.1. The Supplier is responsible for the proper provision of the agreed Services (delivery).

5.2. The Customer is entitled to assert a right from defective performance against the Services provided by the Supplier.

5.3. In the event that the delivery is already in progress, the Customer is obliged to immediately inform the Supplier of the facts for which the Services provided do not correspond to the agreed quality and conditions, either by personal complaint on site, by telephone or by e-mail. In contrast, the Supplier is obliged to ensure that the defects detected are immediately remedied.

5.4. In the event that the Supplier fails to remedy the defects, the Customer shall be entitled to compensation for defective or undelivered Services, determined according to the specific defective Services complained of. Compensation shall take the form of a discount or full refund, depending on the significance and specific circumstances of the alleged defect.

5.5. Other rights and obligations of the Parties relating to the Supplier's liability for defects shall be governed by the relevant provisions of the Civil Code.

6. PROTECTION OF PERSONAL DATA

6.1. The Supplier shall fulfil its information obligation towards the Customer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR") relating to the processing of the Customer's personal data for the purposes of the performance of the Supply Contract, for the purposes of the negotiation of the Supply Contract and for the purposes of the Supplier's public law obligations by means of a separate document.

6.2. By concluding the Supply Contract, of which these General Terms and Conditions form an integral part, the Customer grants consent within the meaning of the Act 110/2019 Coll., on the processing of personal data, to the processing of personal data specified in the contract and provided in the course of business. The provision of such data is an expression of free will and is voluntary.

6.3. The Customer further consents to the disclosure of the Customer's personal data in accordance with the Act 110/2019 Coll., on the processing of personal data and the GDPR, for the purpose of collecting and processing the Customer's personal data for the purposes of providing and offering the Supplier's Services and products, for the marketing business purposes of the Supplier and its partners and for the performance of acts related to the above, to the extent necessary for the fulfilment of the above purposes. The Customer acknowledges that the provision of personal data is also necessary for the proper performance of the contract.

7. FINAL PROVISIONS

7.1. If the relationship established by the Supply Contract contains an international (foreign) element, the Parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the Customer, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6(1) of the Rome I Regulation of the European Parliament.

7.2. If any provision of the General Terms and Conditions is or proves to be invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

7.3. Supplier's contact details: delivery address - registered office address, e-mail address: info@nextmiletravel.com

7.4. These General Terms and Conditions are in force from 8.9.2023