Terms and Conditions

Terms and Conditions of ELVAC a.s. valid as of 17.12.2021

TERMS AND CONDITIONS

commercial company
ELVAC a.s.
with registered office at Hasičská 930/53, 700 30 Ostrava – Hrabůvka
identification number: 25833812
registered in the Commercial Register maintained by the Regional Court in Ostrava, Section B, Insert 2179
for the provision of services (rental) through the system “smelvee“, mobile application “smelvee.APP” and an online web portal located at www.smelvee.com

1. Introductory provisions

These Terms and Conditions (hereinafter referred to as “Terms and Conditions“) of the company ELVAC a.s., with registered office at Hasičská 930/53, 700 30 Ostrava – Hrabůvka, identification number: 25833812, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section B, Insert 2179 (hereinafter referred to as “Landlord“) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as “Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of a rental contract (hereinafter referred to as “contract“) concluded between the Provider and another natural person (hereinafter referred to as “tenant“) via the Provider’s web portal or mobile application. The Internet portal is operated by the Seller on a website located at the Internet address www.smelvee.com (hereinafter referred to as “website“), through the interface of the website (hereinafter referred to as “web interface“) or the mobile application “smelvee.APP“.

Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the contract. The contract and the terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language.

The Lessor may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. User account

By registering on the mobile app, the tenant can access their user interface. From his/her user interface, the tenant can rent the selected rental object (hereinafter referred to as “user account“). Renting without prior user registration is not possible.
When registering, the Lessee is obliged to provide correct and truthful information. The Lessee is obliged to update the information provided in the user account in case of any change. The information provided by the Lessee in the user account is considered correct by the Lessor.
Access to the user account is secured with a username and password. The tenant is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
The Lessee is not entitled to allow third parties to use the user account.
The lessor may cancel the user account, in particular if the lessee does not use his/her user account for more than 12 months or if the lessee breaches his/her obligations under the contract (including the terms and conditions).
The Lessee acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Lessor’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

3. Conclusion of the contract

The subject of this agreement is the provision of the subject of the lease by the lessor to the lessee for the lessee to use and pay rent to the lessor. The Lessee is not entitled to sublet the subject of the lease to third parties.

The lessor hereby declares that he either has the subject of the lease offered to the lessee for lease in his sole possession, is entrusted with the mediation of the lease or has leased the subject of the lease himself for the purpose of further lease, which is not prevented by any legal fact.

All presentation of the rental items available on the web portal and mobile application is informative and the lessor is not obliged to conclude a contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

The web portal and mobile app contain information on rental items, including pricing per unit of time or per use. Rental prices are inclusive of value added tax and all related fees. Rental prices remain valid for as long as they are displayed on the web portal and mobile app (at the latest available update). This provision does not limit the lessor’s ability to enter into a contract on individually agreed terms.

The conclusion of the contract and the start of the rental of the selected item is activated by selecting this item, pressing the appropriate button in the mobile application and completing the process of starting the rental according to the instructions in the mobile application. Rental termination is activated by selecting the business case in the mobile app, pressing the relevant button and completing the rental termination process as instructed in the mobile app (i.e. returning/releasing the rented item). Rental termination also occurs when the maximum rental period defined for the rental item expires. Upon termination of the lease, the total duration of the lease and the corresponding total price charged as a multiple of the price per unit of time in accordance with the applicable price list is calculated for the user in the app.

The Lessor is entitled to require payment of a refundable deposit (e.g. in the form of a credit card block) as a guarantee for the rental object. The deposit shall be returned to the lessee (block released) immediately after verification that the rental object has been returned by the lessee without damage, but no later than 24 hours after the return of the rental object. The time required to release the deposit may be extended by the time required for the technical execution of the relevant transaction. The amount refunded may be reduced by the lessor by the cost of restoring the rental object to its original condition. If the rental object is not returned within the specified time limit, or if the damage to the rental object caused by the lessee exceeds the deposit paid, the deposit shall be forfeited in full, and the lessor shall be entitled to recover from the lessee demonstrable damages up to the full amount thereof.

Depending on the nature of the business case, the lessor is always entitled to ask the lessee for additional confirmation of the contract (for example, in writing or by telephone).

The contractual relationship between the landlord and the tenant is established by activating the rental in the mobile application (by pressing the appropriate button). The confirmation is sent by the lessor to the lessee by e-mail to the lessee’s e-mail address.

The Lessee agrees to the use of remote means of communication for the conclusion of the contract. The costs incurred by the tenant in using remote communication means in connection with the conclusion of the contract (internet connection costs, telephone call costs) are borne by the tenant himself and do not differ from the basic rate.

4. Duration of lease, price and payment terms

The duration of the lease is agreed, depending on the type of the specific offer related to the leased object, either for a definite period (with the possibility of earlier return/release of the leased object) or for an indefinite period with a time limitation of the maximum duration of the lease.

The rental price per unit of time or one-time use is listed in the valid price list of services on the web portal and for the specific currently negotiated rental also in the mobile application. The price list also includes the method of charging for an unfinished time unit, or the progression of the rental price depending on the duration of the rental.

The rental price or refundable deposit according to the contract is charged/blocked by the landlord from the credit that is kept in the system for each user. The credit can be increased in the following ways:
- cashlessly via the GoPay payment system (credit card or bank transfer).
The rental price is deducted from the credit immediately after the end of the rental period. The amount corresponding to the deposit, if any, is blocked from the credit before the start of the rental.

You can request a refund of all or part of the unused credit at any time from the mobile app, where you must also enter the bank account number to which the amount is to be transferred. The cashless transfer will take place within five working days of the request. In the case of international payments, the amount transferred may be reduced by the bank fees associated with the transfer.

Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Lessee in respect of payments made under the Contract. The lessor is a payer of value added tax. The tax document – invoice shall be issued by the lessor to the lessee after payment of the rental price and sent in electronic form to the lessee’s electronic address.

According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.

5. Withdrawal from the contract

The contract can only be cancelled if the rental of the rental object has not yet been physically started, i.e. the process of starting the rental has not been completed and the tenant has not manipulated the rental object in any way. In such a case, the contract is cancelled from the outset.

If the lease of the leased item has already been physically commenced, i.e. the lease commencement process has been completed and/or the lessee has no longer manipulated the leased item, the lease can be terminated in the standard manner, with the standard billing process also taking place.

If a gift is given to the lessee together with the service (rental), the gift contract between the lessor and the lessee is concluded with the condition that if the lessee withdraws from the contract, the gift contract with respect to such gift ceases to be effective and the lessee is obliged to return the gift.

6. Reservation, acceptance and return/release of the subject of the lease

Reservation of the rental object is done remotely from the mobile application. By activating the reservation, a contract for the rental of the object is concluded at the rate corresponding to the reservation phase.
The takeover of the subject of the lease is carried out in the mobile application with the physical presence of the lessee at the subject of the lease in the designated area (selected smelvee.HUB with available free capacity). The takeover of a rental object that was previously reserved terminates the rental agreement for the object at the rate corresponding to the reservation phase and simultaneously concludes the rental agreement at the rate corresponding to the active use of the rental object. Upon taking over the rental object, liability for damage to the rental object passes to the tenant.
When taking over the subject of the lease, the lessee is obliged to check the condition of the subject of the lease and in case of any defects, immediately notify the lessor via the mobile application. In case of defects in the rental object, the tenant shall immediately after reporting the defect terminate the takeover process (the rental has not started) or terminate the ongoing rental (in case of a request for a refund, a claim shall be made).
The return/release of the leased object is done in the mobile application with the physical presence of the lessee at the leased object in the designated area (selected smelvee.HUB with available free capacity). Upon successful completion of the return/release of the Leased Item, liability for damages to the Leased Item shall pass to the Lessor, except, however, for damages incurred prior to the return/release of the Leased Item that are discovered during a subsequent physical inspection of the Leased Item.
The Lessee is obliged to use the subject of the lease in accordance with the instructions for use available on the web portal or mobile application. In the event of damage to the subject of the lease, its excessive pollution or other circumstances preventing the use of the subject by other tenants, the tenant is obliged to report these facts to the landlord via the mobile application or by phone.
Other rights and obligations of the parties may be regulated by the lessor’s special conditions, if issued by the lessor.

7. Rights from defective performance

The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
The Lessor shall be liable to the Lessee that the rental object does not have any defects preventing its use at the commencement of the lease and that the technical parameters of the rental object correspond to the specification on the web portal. The lessee is obliged not to take over the rental object showing obvious defects and to notify the lessor of this fact via the mobile application or by telephone. In case of non-acceptance of the rental object due to its defect, the renter has the right to start renting another rental object, if such object is currently available in the selected location – the landlord is not liable in such a case for the available capacity, but it is possible to claim a futile reservation of the rental object, which in such a case will not be charged to the renter.
If a defect appears on the rental object that was not caused by the lessee, the lessee is obliged to notify the lessor immediately via the mobile application or by phone. If the defect does not prevent the use of the rental object, the lessee may complete the intended rental, otherwise the rental will be terminated. The tenant is only charged for the time he/she has been able to use the rental object. If a defect in the rental object makes it difficult to return it at the designated place, a reduction in the rent charged can be requested on the basis of a complaint or individual conditions for the return of the rental object can be agreed.
The lessee can specifically exercise his/her rights from liability for defects of the leased object in person at the address of ELVAC a.s, Hasičská 53, 700 30 Ostrava, by phone at +420 597 407 500 or by e-mail at info@smelvee.com.
Other rights and obligations of the parties related to the lessor’s liability for defects may be regulated by the Lessor’s Complaints Regulations.

8. Other rights and obligations of the parties

The lessor is not bound by any codes of conduct in relation to the lessee within the meaning of Section 1826(1)(e) of the Civil Code.
The lessee is obliged to familiarize himself with the terms and conditions and the method of proper use of the subject of the lease, which are available on the web portal. The subject of the lease may not be used in violation of these terms and conditions; the responsibility for damages caused by improper use of the subject of the lease, as well as damage to the subject of the lease itself, lies with the lessee. Improper use of the leased object is also considered to be the case when the lessee uses the leased object whose technical condition does not allow safe use.
The Lessee is obliged to comply with all applicable laws and ordinances relating to the use of the subject of the lease. The Lessor shall not be liable for any damage caused by the use of the subject of the lease.
Complaints are handled by the landlord via the electronic address info@smelvee.com. The landlord shall send information about the handling of the complaint to the tenant to the tenant’s electronic address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of disputes arising from the contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between landlord and tenant under the contract.
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes).
The lessor is entitled to provide services on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
The Lessee hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Privacy Policy

The landlord fulfils its information obligation towards the tenant 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 referred to as the “GDPR”) relating to the processing of the tenant’s personal data for the purposes of the performance of the contract, for the purposes of the contract negotiations and for the purposes of the landlord’s public law obligations by means of a separate document.

10. Sending commercial communications and storing cookies

In accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Lessee agrees to the sending of commercial communications by the Lessor to the Lessee’s electronic address or telephone number. The landlord fulfils its information obligation towards the tenant within the meaning of Article 13 of the GDPR relating to the processing of the tenant’s personal data for the purpose of sending commercial communications by means of a separate document.
The tenant agrees to the storage of cookies on his/her computer/mobile phone. In the event that the necessary actions on the website or mobile application can be performed and the obligations of the lessor under the contract can be fulfilled without storing cookies on the lessee’s computer/mobile phone, the lessee may withdraw the consent under the previous sentence at any time.

11. Delivery

The tenant may be served at the tenant’s electronic address.

12. Final provisions

If the relationship established by the contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the lessee is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the Terms and Conditions is or becomes 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.
The contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
Contact details of the seller: delivery address ELVAC a.s., Hasičská 53, 700 30 Ostrava, e-mail address info@smelvee.com, telephone
+420 597 407 500.

In Ostrava on 17.12.2021