General Terms and Conditions of the ČD E-shop for the "ČD for Companies" Programme

Valid from 18 May 2018

of the company České dráhy, a.s.,
with Registered Office: Prague 1, Nábřeží L. Svobody 1222, postal code 110 15
ID No.: 70994226,
a company registered in the Commercial Registry maintained by the Municipal Court in Prague,
Section B, rider 8039,
for the provision of services by means of an online store located on the web address:
https://www.cd.cz/eshop/

1. INTRODUCTORY PROVISIONS

1.1. The General Terms and Conditions (hereinafter “Terms and Conditions”) of the company České dráhy, a.s., ID No. 70994226, (hereinafter “ČD”) govern the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a contract (hereinafter the “Contract”) concluded between ČD on one side and a physical or legal person engaged in business activities (hereinafter the “Customer”) on the other side, which arise in connection with the establishment and use of the Customer’s user account (Art. 2 of these Terms and Conditions).
These Terms and Conditions also govern certain mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a contract concluded pursuant to the provisions of Section 2550 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the “Transport Contract”), concluded between ČD on one side and a physical person (hereinafter the “Passenger”) on the other side (the provisions of the ČD Contractual and Transport Terms for Public Passenger Railway Transport (SPPO) shall not be affected thereby and take precedence over these Terms and Conditions).
These Terms and Conditions shall govern the rights and obligations of the Contracting Parties in connection with the provision of ČD services through ČD’s online store (hereinafter the “ČD e-shop”) and the issuing of travel documents purchased through the ČD e-shop. The ČD e-shop is operated on the web address https://www.cd.cz/eshop/ by means of a web interface (hereinafter the “Web Interface”).

1.2. The Terms and Conditions further govern the rights and obligations of the Contracting Parties when using the ČD website located on the web address https://www.cd.cz/eshop/ (hereinafter the “Website”) and other related legal relationships.

1.3. In the Contract, it is possible to stipulate provisions which deviate from these Terms and Conditions. Deviating arrangements in the Contract shall take precedence over the provisions of these Terms and Conditions.

1.4. These Terms and Conditions form an integral part of the Contract. The Contract and these Terms and Conditions are drawn up in the Czech language.

1.5. ČD can unilaterally change or supplement the wording of these Terms and Conditions. This provision shall not affect the rights and obligations arising to the Customer or to the Passenger for the duration of the period during which the previous wording of these Terms and Conditions is in effect.

1.6. A travel document purchased through the ČD e-shop is an eTiket document (a ticket, seat reservation, ticket with a seat reservation, sleeper or couchette supplement, carriage fee for a dog, carriage fee for luggage, fare discount card).

1.7. The following shall apply to the use of travel documents purchased through the ČD e-shop:
a) the ČD Contractual and Transport Terms for Public Passenger Railway Transport (SPPO);
b) the ČD Tariff for Inland Transport of Passengers and Luggage (TR 10);
c) the Convention concerning International Carriage by Rail (COTIF);
d) the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV);
e) the General Conditions of Carriage for Rail Passengers (GCC-CIV/PRR);
f) the Special Conditions of International Carriage for Non-Reservation Tickets (SCIC-NRT);
g) the ČD Special Agreement for International Carriage (ZUJ).

1.8. The specifics connected with the purchase of travel documents through the ČD e-shop, their use and the exercise of one’s right under the transport contract (claims) are also described in the Rules for Shopping in the ČD E-shop, to which Customer is required to agree during the course of each purchase process.

2. USER ACCOUNT

2.1. A Customer who requests to register his or her business in the ČD e-shop (creation of a user account), must be a physical person engaged in business activities:
a) on the basis of a business licence, or
b) on the basis of a non-business licence under special legislation and registered in the relevant publicly accessible database, or
c) as a person engaged in agricultural production registered in a publicly accessible database under special legislation, or
d) as a legal person registered in the commercial registry, or
e) as a legal person authorised to engage in business activities on the basis of a special law, for a period of at least 24 months prior to submitting a request to register; the Customer shall be authorised to use the user account only for such a period of time as he or she meets the conditions pursuant to this point.
It is only possible to use a user account in connection with the Customer’s business activities or within the scope of the Customer’s self-employment.

2.2. The Customer or an employee of the Customer charged with such a task by the Customer is authorised to establish a user account.

2.3. Fulfilment of the conditions per point 2.1. is not required if a state administrative body, organisational unit of the state or local administrative unit is establishing a user account through the relevant management official.

2.4. The process of registering a company (establishment of a user account) consists of two steps. First, the Customer fills in the registration form for access to all ČD online services. After activating this access, the Customer can request a user account by using the “Edit Profile” feature.

2.5. The Customer is required to provide the following information: name and surname / company name, Customer’s registered address, e-mail address, telephone number, name and surname of a contact person, ID No. (if issued), consent to ČD’s Terms and Conditions and the terms and conditions for registration, as well as confirmation of familiarisation with the terms and conditions of Personal Data Protection. By submitting the registration form, the Customer agrees to the terms and conditions of registration, undertakes to abide by them, and in the event that he or she violates them to bear the consequences of such violation, including the obligation to pay any sanctions or damages caused by violating the terms and conditions of registration. After receiving the registration form, ČD will verify whether the Customer meets the requirements for establishing a user account and will approve or deny the request. Together with the confirmation of registration, the Customer’s username is confirmed as well.

2.6. The Customer is required to have valid legal title for the processing of all personal data provided to ČD concerning third parties, to inform the relevant data subjects that their personal data have been handed over to ČD for processing for the purpose of contacting the customer or providing services to such third parties, to inform the data subjects of their rights vis-à-vis ČD, and to provide them with a link to www.cd.cz/pravasubjektu. By submitting the registration form, the Customer confirms that the personal data provided are accurate and that he or she has been instructed that this constitutes a voluntary provision of personal information.

2.7. The contractual relationship under the Contract between ČD and the Customer shall arise with the delivery of ČD’s approval of the establishment of a user account to the Customer at the Customer’s electronic address.

2.8. Based on the confirmed registration, the Customer can access his or her user account on the ČD e-shop Website after entering the username and password. From his or her user account, the Customer may order services for the Passenger. The Passengers for whom the Customer is authorised to order services through his or her user account are the Customer’s employees, members of the Customer’s statutory body, or the Customer himself/herself, provided he or she is a physical person meeting the requirements for registering a user account (point 2.1.), and provided the services are used by the Passenger within the scope of his or her business activities or in fulfilment of work tasks (e.g. a business trip).

2.9. The Customer takes note of the fact that ČD is not required to conclude a Contract, open a user account or enable payment by invoice, particularly in the case of persons who have previously significantly violated the Contract (including these Terms and Conditions).

2.10. The Customer agrees to the use of remote communication means when concluding the Contract. Costs incurred to the Customer in using remote communication means in connection with the conclusion of the Contract (costs for an internet connection, costs for telephone conversations, etc.) shall be covered by the Customer.

2.11. The establishment and maintenance of a user account are provided to Customers free of charge.

2.12. If travel documents are ordered without registration, then it is not possible to take advantage of discounts or other benefits provided to registered customers.

2.13. Discounts and other benefits within the scope of the “ČD for Companies” programme are not compatible with:
a) the use of benefits within the scope of the “ČD Points” loyalty programme; cancellation of a loyalty programme account will result in the loss of points which the Customer collected;
b) invoicing with the ČD Credit payment instrument.

2.14. When registering on the Website and when ordering services (Art. 3), the Customer is required to provide all data correctly and truthfully. In the event of a change to information specified in the user account, the Customer is required to update such information using the registration form on the ČD e-shop Website.

2.15. Access to the user account is secured with a username and password. The Customer is required to maintain confidentiality regarding the information essential for access to his or her user account, and takes note of the fact that ČD bears no responsibility for the violation of this requirement on the part of the Customer.

2.16. The Customer is not authorised to enable third parties to use the user account.

2.17. ČD can cancel a user account unilaterally and without prior notice, particularly if the Customer has not used his or her user account for more than one year, or if the Customer violates his or her obligations under the Contract (including these Terms and Conditions).

2.18. In the event of a violation of any of the Customer’s obligations set out in points 2.1, 2.4, 2.6, 2.13, 2.14, 2.15, 2.6, 3.3, 8.2 or 8.3 of these Terms and Conditions, the Customer undertakes to pay ČD a contractual penalty in the amount of CZK 25,000 (to wit: twenty-five thousand Czech crowns) for each individual violation. The total amount of contractual penalties is capped at a maximum amount of CZK 200,000 (to wit: two hundred thousand Czech crowns). This provision shall not affect a claim to compensation for any damages incurred to ČD through the Customer’s violation of such obligation.

2.19. The Customer takes note of the fact that the user account may not be accessible continuously, in particular in view of the need for maintenance of ČD’s hardware and software or the need for maintenance of the hardware and software of third parties, as the case may be.

3. TRAVEL DOCUMENT SALES

3.1. Costs incurred to the Customer in using remote communication means in connection with the purchase of travel documents (costs for an internet connection, costs for telephone conversations, etc.) shall be covered by the Customer.

3.2. The ČD e-shop’s Web Interface contains an offering of ČD services which can be drawn by purchasing the relevant travel document, as well as prices for the services offered. The final prices of services offered (price usually specified on the eTiket) are specified including VAT and all related fees. This provision shall not restrict ČD’s ability to sell travel documents under individually agreed terms and conditions.

3.3. Unless the Customer and the Passenger are the same person, the Customer shall confirm, by filling in the order form to purchase a travel document, that the conditions for purchasing the travel document for the benefit of the Passenger have been met and that the Customer is authorised to purchase such travel document for the benefit of the Passenger. The Customer shall bear the responsibility for purchasing a proper (valid) travel document for the Passenger.

3.4. Prior to submitting the order to ČD, the Customer will be able to check and change the information which he or she entered in the order. The Customer shall send the order to ČD by clicking the “Pay” button, or the “Issue Document” button if paying by invoice. Information entered in the order form is considered by ČD to be correct.

3.5. eTiket documents are issued in the passenger’s name, are non-transferable, and are valid only with valid identification, which the Passenger must present during an inspection of travel documents, and only for the specific line segment, day (period), and possibly train (trains), for which they were purchased.

3.6. eTiket purchases through the ČD e-shop can be made at any time with the exception of stoppages for system maintenance, which are scheduled daily from 1:00 (a.m.) until 2:00 (a.m.). In the event of extraordinary stoppages, customers will be informed on the ČD e-shop Website.

3.7. After confirmation of registration of the Customer’s user account, a discount is automatically provided on inland travel documents and reservations in the amount of 4%, with the exception of First Minute Czech (Včasná jízdenka Česko), Special-Offer (Akční), Super-Special-Offer (SuperAkční) and commuter tickets, as well as applications on an In Karta card.

3.8. If the volume of purchases realised by the Customer through the user account on the ČD e-shop’s Web Interface reaches a value specified in Art. 3.10., the discount specified in Art. 3.10. will be applied for all subsequent purchases. Always as of 1 January, the company’s account (the value of purchases hitherto) shall be reset to zero and the discount for which the company qualified as of 31 December of the previous year will be used for purchases.

3.9. The value of purchases shall include all eTiket documents purchased through the Customer’s user account on the ČD e-shop’s Web Interface.

3.10. Value of purchases and amount of discounts:
Amount of the discount after achieving the purchase value
5% – CZK 50,000
6% – CZK 100,000
7% – CZK 150,000
8% – CZK 200,000
9% – CZK 250,000
10% – CZK 300,000

4. TRAVEL DOCUMENTS

4.1. Upon payment by one of the payment methods for travel documents (Art. 5), an eTiket travel document is generated as a document in PDF format and displayed in your browser window. At the same time, it is sent to the Customer’s electronic address. The document is also saved in the Customer’s purchase history, which is accessible in the Customer’s user account after login.

4.2. An eTiket is a tax receipt for mass passenger transport in accordance with the relevant provisions of Act No. 235/2004 Coll. on Value Added Tax, as amended. The above does not apply to eTiket documents whose nominal value is greater than or equal to CZK 10,000, where, prior to payment, the Customer may elect to have the tax receipt issued online and to pay for the eTiket documents by invoice. In this case, the tax receipt is the issued invoice sent to the Customer.

5. PAYMENT METHOD FOR TRAVEL DOCUMENTS

5.1. After duly filling in the order and agreeing to the Rules for Shopping in the ČD E-shop, the Customer may select a payment method for the documents purchased:
a) using a payment card
To ensure secure online payments, the Customer is redirected to a payment portal ensuring security by means of 3-D Secure technology, which is provided by Československá obchodní banka, a.s., and which is operated by the company Global Payments Europe. Payment card information is entered directly on the website of the payment portal (gateway). ČD receives only the result of the transaction, and the payment is identified by the order number. The 3D Secure system for safe online payments generally accepts all payment cards of the VISA and MasterCard associations, as well as Diners Club cards, for which the card issuer permits secure online payments using this technology. These can be VISA, VISA Electron, MasterCard, Maestro, MasterCard Electronic and MasterCard Unembossed cards. The Maestro card can be used for payment if it is equipped with 3-D Secure from the issuing bank.
b) using the ČD Credit payment instrument
The payment is made from the Customer’s ČD Credit account.
c) by invoice
When paying by invoice, the Customer does not select the payment method; this is set by default after login and cannot be changed. The document will be issued to the Customer without needing to make an immediate payment. The Customer’s individual purchases accumulate on his or her user account and each month ČD issues the Customer an invoice for the purchased documents linked to his or her account, which is then sent to the e-mail address provided during registration. The date of taxable supply is the last day of the invoiced month. The invoice will be issued within 15 days of this date. The invoice is due 14 days from its date of issue, unless stipulated otherwise by the Contract. The Customer is required to pay the invoice before the due date; otherwise, the amount owed will be recovered in court, including default interest and costs associated with the exercise of each receivable pursuant to Government Regulation No. 351/2013 Coll., as amended. If the Customer fails to pay the invoice by the due date, ČD shall be further entitled to immediately suspend the ability to pay by invoice.
In the case of payment by invoice, it is not possible to use the ČD Credit payment instrument.
Detailed terms and conditions for payment by invoice are specified below. The “Agreement on Electronic Invoicing” (hereinafter the “Agreement”) is part of the Contract, to whose terms the parties to the Agreement shall adhere.
The customer agrees to the receipt of an electronic invoice contingent upon fulfilment of the following conditions:

  • The supplier will always send the electronic invoice from the following e-mail address: fakturace@cd.cz.
  • The electronic invoice will be received exclusively by means of the e-mail address provided during registration.
  • The electronic invoice will contain the appurtenances set out by legislation.
  • The electronic invoice will include an electronic watermark based on a qualified system certificate in the sense of Act No. 227/2000 Coll., on Electronic Signature and on Amendments to Certain Other Acts, as amended.
  • The electronic invoice will be prepared in PDF format. Assembly of PDF files: x PDF / 1 e-mail (each invoice including attachments in a separate PDF file, max. 100 PDF files / 1 e-mail).
  • Attachments to an electronic invoice which are not part of the tax receipt will be sent to the customer only in the following formats: PDF, RTF, JPG, DOC, DOCX, XLS, XLSX.

5.2. ČD shall decide on the availability of payment by invoice for each customer individually. The customer takes note of the fact that ČD is not required to make the option of payment by invoice available.

5.2. The customer can request to cancel payment by invoice on obchod@gr.cd.cz, or by making the change in his or her user profile.

6. TERMS AND CONDITIONS FOR EXERCISING ONE’S RIGHT UNDER THE TRANSPORT CONTRACT

6.1. In the event that the Customer exercises his or her right (claim) under the Transport Contract per point 6.2. for an inland travel document, the Customer undertakes not to use the eTiket for transport or to provide it to the Passenger. If the Customer violates the obligation per the previous sentence, ČD shall have a claim to a contractual penalty in the amount of CZK 5,000 (to wit: five thousand Czech crowns) for each individual violation of the Customer’s obligation per this article. This provision shall not affect a claim to compensation for any damages incurred to ČD through the Customer’s violation of such obligation.

6.2. Recognised sums (refunds) shall be paid out to the Customer exclusively by means of a cashless transfer to the account linked to the payment card used to pay for the eTiket. In the event that the travel document was purchased using the ČD Credit service, the refund shall be transferred to the ČD Credit account from which the purchase was paid for. In the case of payment by invoice, the recognised sum will be deducted from the invoiced amount due, or, after the invoice has been issued, ČD will issue a corrective tax document in the amount of the recognised refund sum, which will be sent to the e-mail address provided during registration.

7. FINAL PROVISIONS

7.1. Discounts off the price of travel documents provided to the Customer by ČD cannot, unless stipulated otherwise, be combined.

7.2. The Customer takes note of the fact that the software and other parts of the ČD e-shop’s Web Interface (including published photographs) are protected by copyright. The Customer undertakes not to perform any activities that could enable him or her, or third parties, to intervene in or use the software or other parts of the ČD e-shop’s Web Interface without authorisation.

7.3. When using the ČD e-shop’s Web Interface, the Customer is not authorised to use mechanisms, software or other procedures that could have a negative influence on the operation of the ČD e-shop’s Web Interface. The ČD e-shop’s Web Interface can be used only in such an extent that does not infringe upon the rights of other ČD customers and which is in accordance with its intended purpose.

7.4. The Customer takes note of the fact that ČD does not bear responsibility for errors arising as a result of interventions into the Website by third parties or as a result of use of the Website contrary to its intended purpose.

7.5. If a relationship connected with the use of the Website or a legal relationship based on the Contract contains an international (foreign) element, the Contracting Parties shall agree that such relationship shall be subject to the laws of the Czech Republic.

7.6. If a certain provision of these Terms and Conditions is invalid or ineffective, or if this should occur in future, the invalid provision shall be replaced by a new provision whose sense is as close to that of the invalid provision as possible. The invalidity or ineffectiveness of one provision of these Terms and Conditions shall not affect the validity of the other provisions.

7.7. ČD is a payer of value added tax.


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