GENERAL TERMS AND CONDITIONS OF TRAMAKO S.R.O.

1. 1. INTRODUCTORY PROVISIONS
      • The company TRAMAKO s.r.o., ID No.: 19669861, with registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1 (hereinafter referred to as the "Company"): hereby issues the following in accordance with Section 1751 of Act No. 89/2012 Coll, Civil Code, as amended, these General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions"), which regulate the contractual relationship between the Company and a natural or legal person to whom the Company provides forwarding services on the basis of an order from such person (hereinafter referred to as "Principal" and "Order"), the acceptance of which results in a forwarding contract (hereinafter referred to as "Contract") between the Company and the Principal.
   2. CONTRACTUAL PARTIES
      • The Contract obliges the Company, as freight forwarder, to procure for the Principal, in its own name and on its own account, the carriage of a consignment from a specified place to another specified place or (if the parties expressly agree) to procure or perform acts in connection with the carriage and the Principal undertakes to pay the Company a fee.
   3. SCOPE OF VALIDITY
      • These Conditions shall govern all business dealings between the Company and the Principal. All business relationships are generally governed by the laws of the Czech Republic. The Terms and Conditions are the basic regulation of the contractual relations between the Company and the Principal and, insofar as they deviate from dispositive legal norms, they shall prevail over such norms.
   4. EXPLANATION OF TERMS
      • An Order is a binding proposal to enter into a Contract sent by the Principal to the Company by email, online via a web form, unless otherwise agreed by the parties. By submitting an Order, the Principal acknowledges that he/she has read and agrees to the Terms and Conditions without reservation and that these Terms and Conditions govern the contractual relationship between the Company and the Principal.
      • The Contract is concluded at the moment of acceptance of the Order by the Company towards the Principal.
      • With the express consent of the Company, the Contract may include an arrangement whereby the Company will arrange for the Principal to provide comprehensive customs clearance or warehousing of the shipment. These Conditions form an integral part of the Contract.
   5. ORDERING THE SERVICE
      • The Sender may place an order in one of the following ways: via the website: https://www.tramako.cz/ by email to tramako@tramako.cz
      • A condition for the Order to be valid on the part of the Sender is the completion of all the required data and particulars specified in the order form on the website www.tramako.cz. The Order is also a proposal for the conclusion of the Contract. The conclusion of the Contract shall take place at the moment of delivery of the Order confirmation by the Company to the Principal.
   6. SERVICE PRICE
      • If, after the conclusion of the contractual relationship, the costs related to the performance of the subject matter of the Contract change, the Company shall be entitled to adjust the originally agreed price.
   7. PAYMENT TERMS
      • The Principal shall pay the invoice in full by the due date stated on the invoice and the Company shall send the invoice to the email address from which the Principal sent the Order, unless the Principal expressly states otherwise. Unless otherwise agreed between the Principal and the Company, the standard due date from the date of invoices is 14 days.
      • In the event of default in payment of an invoice, the Principal undertakes to pay a penalty of 0.5% of the invoiced amount for each day of delay in addition to interest on late payment.
      • The contractual penalty arrangement shall be without prejudice to the Company's right to compensation and shall remain in force after the termination of the contract.
      • The contractual penalty shall be payable on demand by the Company.
   8. WITHDRAWAL FROM THE CONTRACT
      • If the Principal withdraws from the Contract, he shall reimburse the Company for all costs incurred by the Company up to the time of withdrawal, in particular in connection with the carrier's unsuccessful arrival or other costs.
      • The Company shall be entitled to withdraw from the Contract at any time up to 24 hours prior to the loading of the consignment.
      • In the event of withdrawal from the Contract by the Company, the Principal shall not be entitled to compensation or liquidated damages. The loss of profit of the Principal shall not be compensated.
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   9. OTHER PROVISIONS
      
      
   1. • The Company reserves the right to unilaterally amend the Terms and Conditions, in accordance with Section 1752 of Act No. 89/2012 Coll., the Civil Code, as amended, and to amend or supplement these Terms and Conditions, in particular in the event of a change in the related legal norms or in the event of a change in the manner of provision of the aforementioned service. The Company shall announce the amendment, supplementation and their effectiveness on the website www.tramako.cz. The Customer shall have the right, in case of disagreement with the content of the amended or supplemented Terms and Conditions, to communicate such disagreement to the Company within 7 days from the moment when it became or could have become aware of the amendment or supplement. If the Principal fails to do so, the Principal shall be deemed to have accepted the amendments or additions.
      • The Company shall not be liable to the Principal for damages caused by circumstances excluding liability, such as government intervention, operational, traffic and energy failures, strikes or lockouts. Such circumstances shall be grounds for postponing the performance of the contractual obligations on the part of the Company for the duration and to the extent of such circumstances.
      • The Principal undertakes to notify the Company without delay of any changes concerning its business authorisation, tax obligations (in particular, change of tax identification number and tax administrator), its valid account and bank account and the occurrence of insolvency. In the event of insolvency of the Principal, all claims of the Company against the Principal shall become due and payable on the date on which the Company becomes aware of such insolvency.
      • The written form of the legal act is preserved if the legal act is made by electronic means, in particular by means of an e-mail message.
      • The protection and processing of personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 - GDPR) and Act No. 110/2019 Coll., on the processing of personal data, and other generally binding legal regulations.
      • The Principal undertakes to always notify the Company in writing of the nature of the goods to be transported, in particular if the subject of the transport are used or crashed motor vehicles, used or broken-down machinery, explosives and explosives or perishable goods.
      • The conditions are published at: www.tramako.cz. These Conditions shall come into force and effect on 04.09.2024.
      • The operative version of these Terms and Conditions is in Czech. If the translation of any provisions into a foreign language differs from the Czech version, the Czech version shall prevail.