Article 1. General Provisions
The carrier operates in the field of road motor transport using vehicles designed to carry no more than 9 persons including the driver.
The service includes individual transport by passenger cars or minibuses, with pickup directly from the requested address. The service is operated as occasional passenger transport, with pricing dependent on the number of kilometres travelled and waiting time. It involves transporting one or more persons from various pickup points to a destination, or from a destination to various drop-off points, with variable waiting time. The carrier generally uses air-conditioned minibuses for a maximum of 8 passengers plus the driver. The client books the entire vehicle. The driver is formally dressed and can communicate in English at a standardized level of at least B1. Special or additional terms may be agreed with the carrier. Such terms, or provisions contained in them, take precedence over the Terms and Conditions if agreed electronically by email and approved by both parties. The carrier accepts no legal consequences for orally agreed terms. The services provided by the carrier are also governed by: (i) Act No. 89/2012 Coll. (the Civil Code), (ii) Acts No. 111/1994 Coll. and No. 102/2013 Coll. on road transport, and (iii) Decree No. 478/2000 Coll.
Article 2. Basic Provisions
These Terms and Conditions are issued in accordance with Section 1751 et seq. of the Civil Code (also referred to as the "NCC") and generally govern the contractual relationship between the carrier and the customer (also referred to as the passenger or sender). Unless the provisions of a specific contract state otherwise, passenger or cargo transport shall be performed in accordance with these Terms and Conditions and on the basis of a delivered order. The subject of performance is passenger transport according to the customer's requirements under the concluded contract or according to the information stated in the order. The basis for billing the transport price is always the carrier's current price list, unless otherwise agreed in the contract or confirmed order. The carrier performs passenger and cargo transport according to the customer's request, provided that a passenger or cargo transport contract has been concluded between the carrier and the customer, or that the customer submitted an order by email or electronically through the carrier's online system at www.maxipreprava.cz. For a customer who has concluded a framework agreement with the carrier, the carrier shall also proceed with the agreed type of transport on the basis of a telephone order, followed by electronic confirmation of the order no later than two business days afterwards, but always before transport begins.
Article 3. Performance of Transport
The carrier always performs passenger transport in accordance with an order or within the scope of a concluded contract. Mileage is charged one way according to the current tariff. The carrier's basic waiting time of 10 minutes is already included in the transport price. Each additional minute is charged according to the current tariff. The carrier further reserves the right to extend the passenger's waiting time due to unexpected events (traffic conditions, adverse weather, etc.) and for the purpose of optimizing transport (taking into account delays to flights, trains, buses, ferries and similar services); such an extension of the waiting time shall not be considered a breach of the transport contract by the carrier. Passengers and their luggage are insured under the carrier's motor vehicle liability insurance.
Article 4. Relations Between the Carrier and Passenger in Passenger Transport
A. Rights and obligations of the carrier
The carrier is obliged to use only vehicles that are roadworthy and in proper technical condition for the transport of passengers and cargo; otherwise, the carrier shall be liable for all damage arising from a breach of this obligation. The carrier undertakes to transport the passenger(s) from the pickup point to the destination in accordance with the requirements agreed in advance, the applicable price list and the Terms and Conditions. The carrier must ensure safe transport for passengers. The carrier must maintain cleanliness, peace and order in the vehicle. In order to comply with transport conditions concerning passenger safety, the safety of other persons and the protection of their health, and to ensure proper, calm and comfortable transport, the driver is entitled to refuse entry to persons whose appearance indicates serious neglect, as well as persons who are aggressive or under the influence of alcohol or narcotic substances. The driver is entitled to issue instructions and orders to passengers in order to ensure safety and smooth traffic, compliance with the Terms and Conditions and conduct in accordance with generally binding legislation. The driver is entitled to exclude a passenger from transport if, despite a warning, the passenger fails to comply with the Terms and Conditions or the driver's instructions and orders, soils or damages the vehicle or other equipment of the carrier, disrupts the calm course of transport by their behaviour, or otherwise harasses the driver or other passengers. The same applies to aggressive persons under the influence of alcohol or narcotic substances and to persons whose soiled clothing or footwear causes inconvenience. The carrier or the driver may cancel the service for safety or technical reasons. The carrier shall not be liable for indirect or consequential damage caused for any reason, particularly for technical reasons. Force majeure. The operator reserves the right to cancel, terminate, postpone or delay a journey or any part of it if the journey cannot be performed for reasons beyond the carrier's control. Such reasons include, without limitation, force majeure, weather conditions, strikes, uprisings, embargoes, wars, acts of hostility or civil unrest and their direct or indirect consequences, regardless of whether they are actual, threatened or merely reported. The carrier shall not be liable for damage or failure to meet agreed conditions caused by (I) force majeure, (II) weather conditions that make the journey impossible with regard to safety, (III) circumstances directly or indirectly resulting from orders or actions of public authorities, or (IV) circumstances beyond the operator's control. The carrier shall not be liable for damage caused by third parties. The carrier is not responsible for the loss of or damage to fragile items, perishable goods, jewellery, precious metals, money, valuables and securities, business documents, medicines, keys, travel and other personal documents, samples or other items placed in luggage, regardless of whether the operator or driver was aware of them, except where the damage resulted from gross negligence or intent on the part of the carrier or driver. For the purpose of ensuring transport safety, the carrier is entitled to restrict the use of designated seats according to the passenger's age or height. The carrier is entitled to arrange the agreed transport through a subcontractor, provided that the transport is performed to the same standard and under the same conditions as transport provided by the carrier. In the event of an accident, the driver must provide first aid if the driver's condition allows it.
B. Rights and obligations of the passenger
Passengers are obliged to comply with the Terms and Conditions. A passenger is entitled to transport only if: a. the passenger complies with the provisions of the Terms and Conditions; and b. no circumstances exist that prevent transport. When booking transport, the passenger must state the exact number of passengers. In the event of a change to or cancellation of transport, the carrier must be informed by email, telephone or SMS. In accordance with Section 9(1)(a) of Act No. 361/2000 Coll., on Road Traffic, the passenger must fasten their seat belt before the journey begins. Passengers must follow the driver's instructions and orders intended to ensure safety and smooth traffic, the driver's safety and the safety of other passengers. In the interest of their own safety and that of other persons, passengers are particularly prohibited from: a. opening the vehicle doors while driving; b. standing, kneeling or lying on the seats; c. soiling other passengers or the vehicle by their conduct, clothing or luggage, or damaging the vehicle or the carrier's equipment; d. leaning out of windows, throwing objects out of the vehicle or allowing objects to protrude from it; e. making movements or carrying out activities that could endanger vehicle stability; and f. otherwise breaching the Terms and Conditions. A passenger is not entitled to replacement transport if the journey is interrupted because of an accident or for operational reasons on the carrier's side. The passenger must board for transport at the time stated in the order. Otherwise, the carrier shall not be liable for timely transport. If required by operational or other serious reasons, the passenger must leave the vehicle when instructed by the driver and, if wishing to continue the journey, re-board in good time when instructed. Smoking is prohibited in the vehicle. If a passenger soils the vehicle, the passenger must remove the soiling immediately or pay for cleaning the affected area. If transported persons are injured or transported luggage is damaged, the passenger must inform the carrier immediately, no later than immediately after the journey ends. If the carrier is not informed in time, the carrier shall not be liable to compensate the damage. In accordance with Section 6(1)(c) of Act No. 361/2000 Coll., on Road Traffic, a child whose body weight does not exceed 36 kg and whose height does not exceed 150 cm may be transported only in a child car seat. If a passenger endangers the driver, this constitutes an offence under generally binding legislation.
C. Conditions for the transport of luggage
The carrier shall make every effort to transport the passenger's luggage where this is permissible with regard to journey safety, vehicle capacity and applicable regulations. In case of any doubt, the customer should consult the carrier regarding the possibility of transporting luggage. Transported luggage must be suitably packed and placed in the vehicle in accordance with the driver's instructions. Animals may also be transported by prior agreement with the carrier. Passengers are not permitted to bring into the vehicle: a. items whose transport is prohibited by generally binding regulations or measures of public authorities; b. hazardous substances and objects that may cause an explosion, fire, vehicle damage, injury, poisoning, burns or illness in people or animals; c. items that, because of unsuitable packaging, may damage or soil passengers or the vehicle; d. items whose odour or other properties may cause inconvenience; e. luggage that is, or contains, a loaded firearm (special regulations apply to weapons carried by members of the armed forces or police); f. cylinders containing liquid heating gas or refrigerant, acids, corrosive substances, diesel fuel and other explosive or readily flammable substances and materials, or electric batteries filled with electrolyte; g. gases (flammable, non-flammable or toxic), compressed gases, liquefied refrigerated gases, and liquid or solid flammable substances (such as alcohol-based rubbing preparations); h. substances liable to spontaneous combustion, substances dangerous when wet, oxidizing substances and organic peroxides, toxic substances and infectious materials, and corrosive substances (such as acids, chemical kits and wet batteries); or i. radioactive material and other conditionally transportable substances (such as mercury, dry ice, magnetic material, irritants or repugnant substances).
D. Transport of wheelchair users
Wheelchair users are transported in any vehicle seat designated for passengers. An empty wheelchair may be transported in the designated areas of the vehicle. The wheelchair user or accompanying person(s) are responsible for their own safety during transport and must ensure that the safety of other persons is not endangered and that the carrier's equipment is not damaged.
Article 5. Transport Price and Payment Terms
Unless a different transport price is agreed, the prices in the current transport price list published by the carrier at www.maxipreprava.cz shall always apply. For customers who have concluded a framework transport agreement with the carrier, the carrier must always notify them of changes in transport prices in writing, by registered letter or email, and conclude an amendment to that agreement. The carrier performs transport against a confirmed order or contract. Payment is made after transport. The customer fulfils the obligation to pay the transport price either by cash or payment card (a 5% bank fee is added) to the carrier or driver, or on the date when the amount due is credited to the carrier's bank account. The customer is entitled to cancel ordered transport, but must pay the carrier a cancellation fee as compensation for loss. The carrier shall proceed in the same way if the customer, or passengers for whom the customer arranged transport, fail to board at the agreed place and time. The same applies to a change to an order. If ordered transport is cancelled less than 48 hours before the passenger's requested pickup time, the carrier charges a cancellation fee equal to 100% of the agreed price, unless the customer and carrier agree otherwise. The same applies to a change to an order. In the event of late payment of the transport price, the customer shall pay the carrier contractual default interest of 0.1% of the outstanding amount for each commenced day of delay. Payment of contractual default interest does not extinguish the carrier's right to compensation for damage caused by late payment of the transport price or ancillary charges. The carrier further reserves the right to restrict or cancel agreed or prepared orders, withdraw the customer's entitlement to discounts and, where applicable, withdraw from the transport contract if the customer fails to fulfil payment obligations properly.
Article 6. Complaints and Claims for Damages
The carrier shall compensate the customer for damage caused by transport not being performed on time, but only if the customer ordering passenger transport (the passenger) submits the claim to the carrier without undue delay. If the right to compensation is not exercised within six months at the latest, a court shall not award it if the carrier objects that the right was not exercised in time. The customer must assert the claim for damages in the complaint. If the customer knows the amount of the claimed damage, they must notify the carrier of that amount and provide documents proving it. The carrier must inform the customer of its position on the complaint no later than one month after receiving it, or within the same period inform the customer of the reasons why it is not possible to provide a position on the complaint. Complaints made to the carrier and the carrier's response must be in writing.
Article 7. Dispute Resolution
Unless the transport contract provides otherwise, Czech law is deemed to have been agreed between the carrier and the customer. Unless the parties have agreed an arbitration clause in writing in the transport contract, the customer and the carrier agree that any court dispute may be conducted before the court having local jurisdiction according to the carrier's registered office.
Article 8. General and Final Provisions
The current version of the Terms and Conditions, including the current price lists, is published on the carrier's website at www.maxipreprava.cz. Provisions contained in a transport contract or order take precedence over these Terms and Conditions, provided that the parties have clearly expressed in the transport contract their intention to depart from these Terms and Conditions. A written transport contract whose subject is the provision of recurring transport services is considered a framework agreement, and each individual order constitutes a partial performance under that agreement. The carrier is entitled to amend the Terms and Conditions and price lists, and must notify the customer of such changes by publishing the new Terms and Conditions or price lists on the carrier's website at www.maxipreprava.cz no later than 14 days before they take effect. The customer is entitled to reject changes to the Terms and Conditions, all price lists, fees and similar items and, for that reason, terminate the transport contract, but no later than one week after the changes take effect. The customer undertakes to monitor the carrier's website regularly and familiarize themselves with the current version of the Terms and Conditions and price lists, at least once a week. Unless a written transport contract states otherwise, the customer is deemed to be fully familiar with the current Terms and Conditions and price lists and to agree to them by submitting an order. These Terms and Conditions are valid and binding from 1 October 2023 until revoked or replaced by new terms.