1. CONTRACTING
PARTIES
These Payment, Contractual and Technical Conditions form an
integral part of the Lease Contract (hereinafter only as the "Contract") agreed
between Kongresové centrum Praha, a.s. (Prague Congress Centre) (hereinafter
only as the Lessor) and a natural or legal person (hereinafter only as the
Lessee) for the purposes of holding events.
2. THE TERM "EVENT"
For
the purposes of the Contract and these Payment, Contractual and Technical
Conditions, an event shall include, without limitation, organizing of any of the
following business cases: a congress ,a conference, an exhibition, a
presentation, a social, cultural or sports event or any other event for which
the Lessor’s premises are leased or Lessor’s works and services are
provided.
3. SUBJECT MATTER OF THE CONTRACT
The subject matter of
the Lease Contract is the Lessor’s commitment to give over the premises of
Kongresové centrum Praha, a.s. (Prague Congress Centre) (halls,rooms, exhibiton
premises or any other agreed premises) for enjoyment of the Lessee including all
agreed facilities and installations, to provide, ensure or mediate all related
or Lessee’s requested services as described in the Lease Contract or in its
annexes and finally the duty of the Lessee to pay for the premises and for the
above-metioned services the pre-agreed price as well as to use the premises, its
facilities, installations, common areas and acces roads according to the
conditions as agreed therein.
1. RESERVATION OF AN EVENT,CONSLUSION
OF THE LEASE CONTRACT
The Lease Contract is concluded based on an event
reservation and other below-described acts of the Contracting Parties.
1.1.
Non binding reservation (he so-called Option)
If the Lessee informs the
Lessor of his/her intention to hold an event in the Lessor’s premises, the
Lessor shall provide him/her with the preferntial right to conclude the Lease
Contract for the term for which the Lessee applies or for any other agreed term
and at the same time the Lessor informs the Lessee of the duration of this
preferential right (option) and of the date on which the option shall terminate
unless availed. By establishing the right of first option for the Lessee, the
Lessee is not obliged to conclude the Contract or to pay the advance payment;
however, he/she shall be obliged to invite the Lessor to negotiations of
concluding the Contract not later than 30 days before the last day of the
option. In case the Lessee fails to show any interest in concluding the Contract
during the duration of the option, or in case the Contract is not concluded 30
days before the last day of the option, the Lessor is entitled to lease the
premises to any other party or to enter the negotiations with the party
regarding the conclusion of the Contract unless he agrees otherwise with the
Lessee. The Lessor is not obliged to inform the Lessee of the lapse of time of
the option (termination of the option).
1.2. Lease Contract
For the
purposes of realization of the Event, the Lessee shall conclude a Lease Contract
(hereinafter only as the Contract) with the Lessor stipulating the rights and
duties of both Concracting Parties, the venue and date of the Event as well as
all other appurtenances of the Event, and listing all special services requested
from the Lessee and provided or ensured by the Lessor.
2. COMING INTO
FORCE AND EFFECT OF THE LEASE CONTRACT, DURATION OF THE LEASE
The coming
into force and effect as well as the term (duration) of the lease are agreed in
the Contract.
3. PRICE FOR THE LEASE AND PROVIDING AF BASIC
SERVICES
The agreed rent is described in an annex to the Contract. The
premises for which the Lesse pays the Rent shall be handed over to the Lessee
including all equipment as listed in the article 3 of the Contract.
4.
SERVICES PROVIDED BY THE LESSOR
Before signing the Contract, the Lessor
shall provide the Lessee with the list of all services describing their prices
(hereinafter only as the Price list) that the Lessor is capable of providing to
the Lessee. Not later than 30 days before the beginning of the Event and unless
agreed otherwise, the Contracting Parties shall agree on the extent of such
services in a special annex to the Contract. Payments for provided services
shall be billed to the Lessee separately, together with the payment of the Rent
or apart from the Rent.
1.
PAYMENT OF THE RENT
1.1. Should the Contract be concluded earlier than 24
months before the Event, the non-refundable deposit amounts to 3-5% of the total
amount agreed as the Rent. Should it be concluded within 24 to 12 months before
the Event, the non-refundable deposit amounts to 5-10% of the total amount
agreed as the Rent. The maturity of the deposit is 30 days after the day of
concluding the Contract. Payments of other deposits are distributed in 12 months
before the Event as follows.
1.1.1. Within the 9th and 12 th month before the
Event the advance deposit of the Rent amounts to other 10-20% of the agreed
Rent,
1.1.2. Within the 6 th and 9 th month before the Event the advance
deposit of the Rent amounts to other 30-40% of the agreed Rent,
1.1.3. Within
the 3 th and 6 th month before the Event the advance deposit of the Rent amounts
to other 30- 40% of the agreed Rent
1.2. Should the Contract be concluded
6-12 months before the Event, the instalments are distributed to individual
periods according to the above-mentioned schedule using a cumulative
method.
1.3. Should the Contract be concluded less than 6 months before the
Event, the instalments are distributed as follows, a cumulative method may also
be applied.
1.3.1. Within the 3rd and 6 th month before the Event the advance
deposit of the Rent amounts to other 40-50% of the agreed Rent.
1.3.2. Within
the 1st and 3rd month before the Event the advance deposit of the Rent amounts
to other 40-50% of the agreed Rent.
1.4. However, not later than 7 days
before the Event, the Rent must be paid to the full extent (100%).
1.5. The
Rent for premises that the Client ordered in the course of preparation and
holding the Event shall be paid within 14 days (30 days for foreign clients) at
the latest after the end of the Event.
1.6. Particular amounts of partial
advance payments shall be agreed in the annex no. 1 (Budget of Prices for Rent
of the Premises).
2. PAYMENT OF ORDERED SERVICES
2.1. The Lessee
further undertakes to pay for all services according to the article II, point 4
hereof that he/she ordered for realization of the Event Upon the agreement with
the Lessor as follows:
2.2. Gastronomic and other services
2.2.1. 75% of
the amount for other ordered services shall be paid by the Lessee to the Lessor
in terms agreed by both Contracting Parties however, not later than at the
beginning of the Event.
2.2.2. The remaining 25% of the amount for other
pre-ordered service and other services that the Lessee ordered in the course of
preparation and holding the Event within the meaning of the annex no. 2 to the
Lease Contract, shall be billed by the Lessor and paid by the Lessee within 14
days (for clients from the Czech Republic), or 30 days respectively (in case of
a foreign client) at the latest after the end of the Event.
2.3. A
contractual fine for cancelling the ordered service
The contractual fine for
cancelling the ordered services is counted in working days before the agreed
commencement of the lease as follows:
During the Event – 100% of the
catalogue price of the service; 0- 1 days- 100 % of the catalogue price of the
service;2-3 days – 75 % of the catalogue price of the service; 4-5 days- 50% of
the catalogue price of the service; 6-7 days- 30% of the catalogue price of the
service.
2.4. Increase of prices for services on late order
When ordering
the services 13 days and less before the agreed commencement of the term of
lease, the Lessor is bound by the order only if he/she explicitly confirms the
providing of ordered services to the Lessee.
The increase of service prices
in case of an order after the term is counted in working days before the agreed
commencement of the lease as follows:
6-4 days- by 20% of the catalogue price
of the service; 3-2 days- 40% of the catalogue price; 1-0 day – by 50% of the
catalogue price of the service; during the Event – by 50% of the catalogue price
of the service
3. CURRENCY AND INFLATION AGREEMENT ON PREMISES AND
SERVICES, INFLATION DEVELOPMENT INDEX FOR PRICE FOR THE RENT AND
SERVICES
All payments according to the Contract are carried out in Czech
crowns (hereinafter only CZK). The Lessor is entitled to unilateral increase of
the pre-agreed price by an amount corresponding with the amount of inflation.
However, for the same reason, the Lessor shall not increase the total price by
more than 10 % of the total price in one calendar year.
4. In case when the
Lessee is in delay with fulfilment of his/her duties pursuant to the Contract
and the Lessor thus withdraws from the Contract pursuant to the article IV, par.
4.1 of the Contract, or completely or partially cancels his/her collaboration in
preparation of the Event until the moment this failure is remedied by the
Lessee, the Lessor shall not be held liable for any damage incurred by the
Lessee due to such delay in fulfilment of his/her obligations pursuant to the
Contract.
5. Should the Lessee be in delay with payment according to the
final invoice(difference not covered by the advance payment), he/she shall pay a
delay interest in the amount of 0.5 % of the outstanding amount for every day of
the delay.
1. FAILURE TO
PAY ADVANCE PAYMENTS FOR RENT OR PAYMENTS FOR SERVICES
The Lessor is
entitled to withdraw from this Contract only based on reason as stipulated in
section 3 of this article. The Lessee is entitled to withdraw from this Contract
without stating any reason. In case of withdrawal from the Contract, the Lessor
is not obliged to return any payments that the Lessee has paid, and he/she shall
be entitled to collect such received payments as cancellation fees.
2.
RESTRICTION OF THE RANGE OF EVENT
Should there be any even partial
restriction of the range of agreed Event as described in the annex to the
Contract by the Lessee or the Lessor due to the reasons on the part of the
Lessee (hereinafter only as the "limitation of Event"), the Lessor is entitled
to claim a contractual fine for cancellation of the Event (hereinafter only as
the "Cancellation Fee") as follows:
2.1. In case the Event is restricted six
or more months before the day of its commencement, the Cancellation Fee amounts
to 50% of the agreed Rent
2.2. In case the Event is restricted less than six
months before the day of its commencement, the Cancellation Fee amounts to 75%
of the agreed Rent
2.3. . In case the Event is restricted three or less weeks
before the day of its commencement, the Cancellation Fee amounts to 100% of the
agreed Rent
3. WITHDRAWAL FROM THE CONTRACT
Regardless of any other
legal rights, the Lessor is entitled to withdraw from the Contract if
3.1.
The Lessee fails to fulfil his/her fundamental obligations stipulated in the
Contract, i.e. namely if he/she fails to meet any of his/her payment duties
mentioned in previous articles and fails to meet the obligation even in a
respite provided by the Lessor
3.2. The Lessee even partially changes the
subject, purpose or contents of the Event against the originally agreed terms
and conditions without the previous written consent of the Lessor, or
3.3.
The Lessor upon concluding the Contract, or commencement of the Event, discovers
in the leased premises or on the part of the Lessee such circumstances that
could jeopardize public safety or public order or that may bring about the risk
of damage to Lessor’s goodwill, injury or damage to the premises or any other
infrigement of legal regulations, and the Lessee fails to remove the discovered
flaws in stipulated period upon the call of the Lessor
3.4. The withdrawal
must be done in writing and shall become effective as of the day of its delivery
to the Lessee. Should the Lessee refuse to accept the respective documentor fail
to collect it during the storing period, the day of delivery of the document is
also the day of refusal of its acceptance or the day when the document was
stored for the Lessee at the post office or at any other subject entitled to
operate postal service. Should it be impossible to deliver the documents to the
Lessee since the address of his/her registered office or any other contact
address as provided by the Lessee on concluding the Contract was invalid or not
anymore used by the Lessee, and the Lessee failed to provide the Lessor with
his/her new contact data, the document is considered as delivered on the day of
its return to the Lessor.
1.
LIABILITY FOR EVENT REALIZATION
Throughout the whole period of
preparation and course of the Event, the Lessee shall be held liable for the
Lessor’s premises provided to him/her by the Lessor in connection with
realization of the Event, as well as for the safety of persons in the leased
premises, with the exception of cases when the damage was unforeseeable and
unpreventable.
2. LESSOR’S LIABILITY
The Lessor shallbe held liable
for damages causedby violation of his/her duties resulting from respective legal
regulations and provisions of the Contract.
3. DAMAGES
The Lessee
shall be obliged to compensate the Lessor for the damage caused in connection
with preparation, course and liquidation of the Event due to the Lessee. For the
whole period of preparation, course and liquidation of the Event, the Lessee
undertakes to observe the safety, fire protection, sanitary and environmental
rules stipulated by generally binding legal regulations of the Czech
Republic.
4. INSURANCE
The Lessee shall be obliged to maintain at
his/her own expense all necessary insurances to cover the risks associated
namely with possible damage or injury caused to third parties or against
property damage the could happen in connection with realization of the
Event.
5. RESPONSIBILITY FOR LESSEE’S THINGS BROUGHT IN THE
PROPERTY
The Lessee is solely responsible for all damage caused to things
he/she or other persons agredd by him/her brought to the premises. No contract
on deposit or storing between the Lessee and the Lessor shall be made by
bringing such things into the premises or leaving the them
there.
1. ORGANIZATION AND
PROMOTION OF THE EVENT
1.1. In the interest of preparation of the Event
the Lessee shall submit to the Lessor concrete information of organizational
matters connected with preparation and holding of the agreed Event not later
than 30 days before the commencement of the Event. Should disabled people take
part in the Event, the Lessee shall be obliged to inform the Lessor of this fact
with sufficient advance. In case the Lessee fails to meet his/her information
duty despite the notice of the Lessor, the Lessor is entitled to fully or
partially suspend his/her cooperation on preparation of the Event until the
moment when this failure of the Lessee is remedied. In such case the Lessor
shall not be held liable for any damage caused in consequence, not even in the
case when the Lessor renews his/her collaboration with the Lessee in preparation
of the Event.
1.2. Unless explicitly agreed otherwise, the Lessee is
responsible for promotion of the Event and he/she shall proceed in accordance
with respective legal regulations. For pasting up printed promotional
materials(posters) the Lessee may use only specific (official) surfaces as
agreed with their owner or operator.
2. UTILISING THE STAFF OF THE
LESSOR
Technical equipment owned by the Lessor may be used only by the
Lessor’s staff or by other persons authorized by the Lessor.
3. LIABILITY
FOR OPERATION OF TECHNICAL EQUIPMENT
The Lessee is entitled to use only
such technical equipment that meets all conditions as stipulated by respective
legal regulations of their usage, and only in such a manner that is stipulated
by respective legal and/or technical regulations or standards for their usage.
Only professionally qualified employees with appropriate health condition are
entitled to handle the technical equipment. Welding or cutting works in the
premises of the Prague Congress Centre is allowed only with previous consent of
the Lessor. The Lessor is not liable for any technical troubles caused in the
equipment installed by the Lessee or for any damages incurred in consequence of
such troubles.
4. TAKEOVER OF LEASED PREMISES
4.1. The Lessor shall
hand over and the Lessee shall take over the leased premises, its equipment and
facilities before the commencement of the Event. A handover report shall be
drawn up of the handover of the premises, its equipment and facilities. The
Lessee shall be obliged to list and describe in this record or in its annex all
defects he found in the leased premises, its equipment and facilities.
4.2.
The Lessee shall not exceed the capacity of leased premises.
5.
ARRANGEMENT OF PREMISES
5.1. The Lesse is entitled to arrange the leased
premises, to install heavy or large objects or technical equipment, decorations,
billboards, posters or other promotional material as well as other equipment
solely upon the previous consent of the Lessor. In preparation, realization and
liquidation of the Event the Lessee shall be obliged to observe Lessor’s
operating instructions. He/she is entitled to use the technical equipment and
other fittings owned by the Lessor only with his previous consent and according
to his instructions
5.2. In case an exhibition shall be installed in the
leased premises, the Lessee shall receive instructions from the Lessor
containing description of all technical, safety and disposal conditions and
instructions, regarding the organization of the exhibition. The Lessee
undertakes to meet completely these terms and conditions. Holding an exhibition
event is conditioned by a written consent of the Lessor with placement of
individual exhibition stalls and other parts of the exhibition in the leased
premises. Location of exhibition stalls must respect approved plans. A fire
separating belt of at least 150 cm must be preserved between the exhibition
stalls and glassed-in surfaces the building.
6. DISMANTLING AND PUTTING
THE PROPERTY IN ORIGINAL STATE
The Lessee shall put the premises and its
equipment and facilities to original state,and shall remove and dismantle all
objects and equipment brought inside the premises so that he meets in time
his/her duties to the Lessor pursuant to the Contract. A takeover report shall
be drawn up between the Lessor and the Lessee of the takeover of the premises,
its equipment and facilities. In case any damage on the leased premises will be
discovered on takeover of the premises by the Lessor, the Lessor shall list and
describe all the damages and inform the Lessee of them immediately. Then, the
Lessor shall charge the Lessee for compensation of the damages in the amount
corresponding to the costs for their repair or purchase of new mater if any part
of the Lessor’s premises becomes irrecoverable by the fault of the
Lessee.
7. CATERING
Catering and gastronomic services shall be
provided to the Lessee based on the Contract. These services shall be performed
by persons authorized pursuant to special regulations through a contractual
partner of the Lessor.
With the previous written consent of the Lessor, the
Lessee is entitled to arrange catering and gastronomic services through third
parties of his/her own choice. In such case the Lessee shall be obliged to
ensure that the providing of catering and gastronomic services was in accordance
with all legal and hygiene regulations and he/she shall be liable for all
damages caused to the Lessor due to activity of provider of catering
services.
Further, the Lessee shall be obliged to ensure that all points of
distribution of catering or gastronomic services provided by the third party
(hereinafter only as the Provider) as selected by him/her are visibly marked by
their respective business name and company registration number. In accordance
with the provisions of the § 8 of the Commercial Code, the Provider’s business
name must be stated in the same wording as registered in the Commercial register
or any other respective register. The name and identification will be placed on
a rectangular sign board where the shorter side is at least 8 cm. The sign will
be landscape-orientated and drawn up in suitable and well-legible font (or block
letters) so that the height of letters exceeded 3 cm. Should the Lessee fail to
ensure placement ot this sign board or should the sign board fail to contain the
above-mentioned appendages, or should it be illegible, the Lessor is entitled to
require from the Lessee the contractual fine in the amount of CZK 50,000.
Payment of the contractual fine does not terminate Lessee’s liability for damage
caused by breach of this commitment.
8. ADVERTISEMENT, SALE OF
SERVICES
The Lessee is not entitled to sell or offer products or services
to third parties beyond the leased premises unless the Lessor gave his consent
in advance. In case of breach of this duty on the part of the Lessee, the Lessor
is entitled to require the contractual fine in the amount of CZK 450,000 for
every such individual breach.
9. ENTRANCE TO THE LEASED PROPERTY AND
MOVING IN THE LESSOR’S PROPERTY
The Lessee shall be obliged to observe
all safety regulations stipulated by the Lessor regarding the entrance,moving
and staying in the rooms, halls or facilities of the leased premises.
Particularly, the Lessee undertakes not to use personal lifts to transport any
bulky loads. Only the freight lifts may be used for vertical transportation of
loads. In transportation and manipulation with the loads the Lessee must act so
as not to damage or pollute Lessor’s premises, its equipment and facilities.
Should the Lessee use transfer trucks for transportation of the loads, the
trucks must be equipped with bantam wheels.
The Lessor is entitled to request
from the Lessee the contractual fine in the amount of CZK 10,000 per very such
breach of Lessee’s duties.
Further, the Lessee is respect the ban on smoking
in all halls during preparation, course and liquidation of the Event. Smoking is
allowed only in reserved and duly marked areas. This ban applies also to the
stages and backstage. On violation of this ban the Lessee shall be obliged to
pay to the Lessor the contractual fine in the amount of CZK 20,000 per every
discovered instance of the breach of this ban.
10. USE OF ROADS AND PUBLIC
PREMISES OF THE LESSOR
10.1. Without the previous consent of the Lessor,
the Lessee is not entitled to do anything that would lead to limitation of
operation on purpose-built roads of the Lessor, supply ways on the 1st
underground storey or at other public premises of the Lessor. Limitation of
operation means namely placing objects (boxes,furniture, transfer trucks etc.)
in those ways and pulling over the vehicles beyond the reserved areas for
loading and unloading.
10.2. Using public premises of the Lessor for the
purposes of loading and unloading of materials and goods for the Event is
defines as follows:
10.3. Parking of vehicles for the purposes of loading and
unloading is allowed only in marked areas that are defined as follows:
a)
guarded area in outdoor premises of the Prague Congress Centre, bounded by
entrance gate, vehicles may ride only on the grey supply belt, parking and
unloading is allowed only on the red belt – parking and driving on blocks is
prohibited.
b) guarded area bounded by entrance gate at the gatehouse V 3-
basement of the Lessor’s building, 1st underground storey, hereinafter only as
the " loading and unloading area".
10.4. Entrance and parking of Lessee’s
vehicles or vehicles of a carrier arranged by the Lessee (hereinafter only as
the "Lessee") in loading and unloading area is conditioned by depositing a
security payment in the amount of:
a)CZK 2.000,-Kč per each motor vehicle of
weight up to 2.5 t,
b)CZK 3.000,-Kč per each motor vehicle of weight up to
3.5 t,
Unloading means unloading goods and material from the vehicle to the
loading and unloading area. Loading means loading the goods and material to the
vehicle from the loading and unloading area.
10.5. The security payment shall
be refunded to the Lessee on condition that the loading/unloading is carried out
a) in case of a vehicle of 3.5 t in the time limit of 1 hour (60 minutes)
since the entrance of the vehicle to the loading and unloading area
b) in
case of a vehicle above 3.5 t in the time limit of 2 hour (120 minutes) since
the entrace of the vehicle to the loading and unloading area
10.6. If the
vehicle does not leave the loading and unloading area within 1 hour (60 minutes)
following the end of the respective time limit, the Lessee will pay the parking
fee in the amount of CZK 500 per every subsequent commenced hour.
11.
OPERATING MEASURES
11.1. In sufficient advance before the commencement
of the Event the Lessor shall advice the Lessee of all respective operating,
technical and safety measures. The Lessee shall be obliged to acquaint
himself/herself with such measures.
11.2. There is a general ban in all
premises of the Prague Congress Centre to store, use or handle flammable and
combustible materials and liquids, including all fireworks, propane-butane
burners, cookers and electric heaters, pressure bottles with technical gas, f .
e.
propane-butane, and open fire manipulation. An exception may be made
thereto solely upon the previous consent of the Lessor and on condition that the
Lessee shall be obliged to ensure abidance by the respective legal and technical
standards and instructions of the Lessor throughout the whole manipulation with
above-stated substances or equipment.
11.3. The Lessee shall be obliged to
prove all fire protection and technical specifications (AFTS – flammability of
the 1st ,2nd, 3rd level) of all substances, objects goods and other tangible
things located in any part of the leased premises of the Prague Congress Centre
throughout the preparation, realization and liquidation on the Event show(for
the purposes of exhibition, sale, storage or other usage).
11.4. Parking of
vehicles equipped with permanent or alternative drive with CNG or PB is
forbidden in the undergroung garages of the Prague Congress Centre.
12.
EMERGENCY EXITS AND HEALTH PROTECTION IN THE LEASED PROPERTY
12.1. All
corridors and emergency exits, emergency lighting, fire extinguishers and fire
alarms shall be secured throughout the preparation, course and liquidation of
the Event and the Lessee shall ensure that the premises and entrances to the
leased premises are kept free from any obstacles.
12.2. Exhibition stalls
must be arranged according to the plan previously approved by the Lessor and all
alleys must be free from any obstacles.
13. SPECIAL CONTRACTUAL PARTNERS
Activities provided by the Lessee whose peformance is conditioned by
special conditions for the purposes of respecting health protection and safety
regulations, may be performed only by persons with respective qualification,
previously approved by the Lessor. Such approval shall not be postponed or
refused groundlessly.
14. PERMITS
In the case that the arrangement
of leased premises or performance of an equipment or any other acitivity
intended by the Lessee in connection with realization of the Event requires
permissions of respective bodies of state administration or any other
institutions or persons, such permits shall be procured by the Lessee at his/her
own expenses.
15. PERFORMING RIGHTS AND COPYRIGHT
The Lessee shall
be obliged to obtain from respective persons or bodies at his/her own expenses
all permits for performance or application of legally protected rights
associated with the Event.
16. FORCE MAJEURE
In case of any damage
caused by acts or facts beyond the control of Contracting Parties, none of the
Parties shall be held liable to the other Party for such damage. Those acts and
facts include natural disasters affecting or endangering the leased premises,
realized or announced terrorist attacks in the area of the Prague capital during
the realization of the Event, and strikes endangering the Event. Strikes
endangering the realization of the Event are such strikes where the number of
participants exceeds the number of persons taking part in realization of the
Event unless their acitivity or services could be replaced.
17. AUTHORIZED
REPRESENTATIVE
The person authorized to act and represent the Lesser in
matters of fire protection and occupational safety and health is Mr. Frantisek Král.
18. TERMS AND CONDITIONS OF LOANS OF TANGIBLE THINGS
18.1.
All mentioned prices are valid for 1 calendar day unless the heading of the
service offer states otherwise.
18.2. The Lessee is responsible for checking
the state at takeover. A handover record shall be drawn up upon handover of the
things.
18.3. The Lessee is liable for possible damage on the leased premises
to its full extent. Therefore, the Lessee undertakes to arrange damage
insurance.
18.4. The Lessor shall be obliged to take over the thing back in
stipulated term and check its state. A record is to be drawn up in presence of
both Contracting Parties of the takeover and discovery of possible deviations.
In case of any damage a survey report shall be elaborated. The Lessor does not
waive his right to claim compensation for hidden damages on the equipment that
provably relate to the use of equipment in the Event.
18.5. Should there be
any defects found in the borrowed equipment against the original state during
the takeover (visual damage, functional damage, operating incapability, loss
etc.), the Lessee shall be obliged to pay to the Lessor a financial compensation
for the damage in the full extent of the damage based on the survey report.
Should the Lessor and the Lessee conclude an agreement of settlement in another
form than the financial settlementm the Lessee may deliver to the Lessor a new
equipment at his/her own expenses having the same characterictics and functions
as the borrowed equipment.
18.6. In case of a damage that the Lessee shall be
obliged to reimburse in full extent to the Lessor, the Lessor shall be obliged
to prove the amount of the damage.
18.7. The Lessee shall return the
equipment on the day and at the hour as pre-agreed. In the case of Lessee’s
failure to meet the term of return of the equipment, the Lessor reserves the
right to charge him/her a daily fee increased by 20 % of the catalogue price for
the service. By paying down this fee, the right to claim compensation for
damages shall not be affected.
1.1. Any changes and amendments to the provisions of these
Payment, Contractual and Technical Conditions and to other related annexes of
the Lease Contract are valid and effective only when made in written form and
signed both by the Lessor and the Lessee.
1.2. All disputes between the
Lessor and the Lessee as well as the jurisdiction shall be governed by the legal
regulations of the Czech Republic.
1.3. All titles herein are for reference
only and may be ignored in interpreting the wording of individual
provisions.
1.4. Failure to exercise any right agreed herein or resulting
herefrom shall not be regarded or interpreted as a waiver. By payment of the
contractual fine according to the Contract, the right for damages shall not be
affected.
1.5. The invalidity or unenforceability of any provisions hereof
shall in no case cause invalidity or unenforceability of any other provisions
hereof or of the Contract as a whole. Should the Contracting Parties fail to
agree on another provision replacing the invalid or unenforceable provision, it
shall considered that such invalid or unenforceable provision was not agreed at
all.
1.6. The Lease Contract and all its annexes including the present
Payment, Contractual and Technical Conditions are drawn up in the Czech and
English language, if needed. In case of any doubt, the Czech wording shall
prevail.