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General terms of service for facilities

General Terms and Conditions for facilities published by the company LE CHEQUE DEJEUNER, s.r.o.

with registered seat at Tomášikova 23/D, 821 01 Bratislava, ID: 313 966 74, registered in the Business Register of the District Court Bratislava I, Section: Sro, Insert No.: 9085/B (hereinafter referred to as “LE CHEQUE DEJEUNER s.r.o.“ or “Commission agent“), valid and effective since 1st November 2013

Content

I. Introductory provisions
II. Commission agreement
III. Coupons
IV. Ways of handover and reimbursement of coupons
V. List of fees
VI. Reclamations
VII. Tax and accounting requirements and invoicing
VIII. Other arrangements
IX. Final provisions

I. Introductory provisions

1.1 In accordance with § 273 par. 1 of Act No. 513/1991 Coll. of the Commercial Code as amended LE CHEQUE DEJEUNER, s.r.o. publishes these General Terms and Conditions for facilities (hereinafter referred to as "GTC"), which regulate in detail every contractual relationship between LE CHEQUE DEJEUNER, s.r.o. and a facility provider - facility (hereinafter referred to as "Principal"), the subject of which is especially to ensure sales of catering services to those interested in dining, who will take the meals on the basis of dining coupons marked with the logo “Chèque Déjeuner“ and the title "dining coupon" or to ensure sales of services or goods provided by the Principal to the interested parties, who will pay to the Principal for the services or goods provided wholly or partly with a drinks coupon “Chèque Aqua“, a gift coupon “CADHOC“, a relaxation coupon “CADHOC RELAX“, a medical coupon “Chèque Medical“, a holiday coupon “Chèque Vacances“, an experience coupon “Chèque CADHOC Adrenaline“ and a social coupon “Chèque Social“.

1.2 Any contract under section 1.1 of GTC between LE CHEQUE DEJEUNER, s.r.o. and the Principal is a Commission agreement (Art. II. of GTC) concluded in accordance with § 577 et seq. of Act No. 513/1991 Coll. of the Commercial Code as amended, the contracting parties of which are LE CHEQUE DEJEUNER, s.r.o. as a Commission agent and a facility provider as a Principal.

1.3 GTC are an integral part of commission agreements concluded between LE CHEQUE DEJEUNER, s.r.o. as a Commission agent and a facility provider as a Principal. Divergent arrangements of the Commission agreement (and its amendments) concluded between the Commission agent and the Principal shall prevail over the GTC. GTC are disclosed on www.chequedejeuner.sk.

1.4 LE CHEQUE DEJEUNER s.r.o. has the right to amend the GTC. LE CHEQUE DEJEUNER s.r.o. is obliged to notify the Principal of the actual wording of GTC as well as the effective date of the change of GTC. LE CHEQUE DEJEUNER, s.r.o. shall notify the change of GTC and its effectiveness to the Principal by publishing them on www.chequedejeuner.sk or by information on an invoice or information annexed to an invoice, or in electronic form via electronic mail (e-mail), or other suitable means. LE CHEQUE DEJEUNER s.r.o. undertakes to publish the new wording of GTC at least 15 days before the effective date of the GTC. If the Principal does not deliver to LE CHEQUE DEJEUNER, s.r.o. his written disagreement with the amended wording of the GTC within 15 calendar days from the day of notification of the new GTC, it is considered that he agrees with the new wording of GTC. Upon receipt of the written disagreement of the client the Commission agreement between him and LE CHEQUE DEJEUNER, s.r.o. is managed by the prior wording of the GTC, however LE CHEQUE DEJEUNER, s.r.o. is entitled to terminate its contractual relationship with the Principal unilaterally by withdrawal from the commission agreement. By application of any rights or obligations under the commission agreement and its amendments, the Principal confirms that he is aware of the new wording of GTC and that he agrees with it.

II. Commission agreement

2.1 The subject of the Commission agreement is for the Commission agent (LE CHEQUE DEJEUNER, s.r.o.) to ensure sales of catering services to those interested in dining on the basis of dining coupons “Chèque Déjeuner“ or to ensure sales of services or goods provided by the Principal to the interested parties, who will pay to the Principal for the services or goods provided wholly or partly with a drinks coupon “Chèque Aqua“, a gift coupon “CADHOC“, a relaxation coupon “CADHOC RELAX“, a medical coupon “Chèque Medical“, a holiday coupon “Chèque Vacances“ or an experience coupon “Chèque CADHOC Adrenaline“.

By signing of the Commission agreement by both contracting parties a Commission agreement is established between LE CHEQUE DEJEUNER, s.r.o. as the Commission agent and facility provider as the Principal, according to which the Principal undertakes to pay the Commission agent a remuneration for ensuring the sales of services provided by the Principal.

2.1.1 The dining coupon “Chèque Déjeuner“: On the basis of dining coupons dining shall be ensured for holders of the dining coupons in catering facilities of the Principal, marked by a visibly placed label including marking the service mediated by the Commission agent.

2.1.2 The drinks coupon “Chèque Aqua“: On the basis of drinks coupons the drinking regime shall be ensured for holders of the drinks coupons in facilities of the Principal, marked by a visibly placed label including marking the service mediated by the Commission agent. 

2.1.3 Gift coupon “CADHOC“, relaxation coupon “CADHOC RELAX“, medical coupon “Chèque Médical“, holiday coupon “Chèque Vacances“ and experience coupon “CADHOC Adrenaline“: The gift coupon of the Commission agent serves as a payment to the Principal for provision of services and goods in the field of active and passive regeneration and factual remuneration, in tourism, in the field of health care and health protection. The relaxation coupon of the Commission agent serves as a payment to the Principal for providing services in the field of active and passive labour regeneration. The holiday coupon of the Commission agent serves as a payment to the Principal for providing services in tourism. The medical coupon of the Commission agent serves as a payment to the Principal for providing services in the field of health care and health protection. The experience coupon of the Commission agent serves as a payment for selected services in the field of adrenaline activities. On the basis of gift, relaxation, medical, holiday and experience coupons services or goods shall be ensured for holders of the mentioned coupons in the facilities of the Principal, marked by a visibly placed label including marking the service mediated by the Commission agent.

2.1.4 The social coupon “Chèque Social“: On the basis of social coupons dining and purchase of selected goods and services shall be ensured for holders of the social coupons in the facilities of the Principal, marked by a visibly placed label including marking the service mediated by the Commission agent.

2.2 Lists of facilities of principals, who are contracted partners of the Commission agent based on the signed commission agreement are disclosed and continually updated on the website of the Commission agent www.chequedejeuner.sk. The Commission agent has the right to update (edit) lists of facilities providing services or goods. The Principal hereby gives his consent to the Commission agent to publish lists of facilities on the website of the Commission agent www.chequedejeuner.sk.

2.3 Remuneration and payment conditions:

2.3.1 Remuneration:The Principal undertakes to pay the Commission agent for the activity according to Article II, section 2.1 of these GTC a consideration consisting of remuneration in the amount mentioned in the Commission agreement as a percentage of the nominal value of coupons handed over and other fees according to the actual "List of fees" (Article V. of these GTC), unless the contracting parties in the Commission agreement in written form agree otherwise.

2.3.2 Remuneration and minimal amount of remuneration: The contracting parties agreed that the Commission agent has the right to remuneration in the amount stated in the Commission agreement, agreed as a percentage of the nominal value of the coupons handed over by the Principal. The minimum amount of remuneration for the Principal expressed in EUR is agreed to be dependent on the means of reimbursement of coupons chosen by the Principal and it is stated in Article V. of these GTC.

2.4 Rights and obligations of the Commission agent:

2.4.1 The Commission agent is obliged to ensure the production of coupons at his own expense.

2.4.2 The Commission agent is obliged to submit to the Principal a self adhesive label with the mark of the coupon and the model of the coupon on the day of signing of the Commission agreement.

2.4.3 The Commission agent will not reimburse invalid, counterfeit, or stolen coupons, coupons glued on paper, pierced, stamped by a stamp of a third party, coupons with damaged or incomplete numeric or bar code.

2.4.4 The Commission agent will not reimburse coupons to the Principal, if the Principal has not informed the Commission agent of his bank account number.

2.5 Rights and obligations of the Principal:

2.5.1 The Principal is obliged to place the self adhesive label on a visible spot (preferably at the entrance) of the facility immediately after receiving the label from the Commission agent.

2.5.2 The Principal is obliged to stamp the received coupons on a relevant spot, i.e. on the front side of the coupon. The stamp must not interfere with the numeric or bar code placed on the coupon.

2.5.3 The Principal is obliged to hand over the coupons accepted from persons, who submitted them to pay for provided services or goods, to the Commission agent, no later than on 31st January of the calendar year following the calendar year in which the validity of the coupons expired. The Principal bears the costs for submitting coupons.

2.5.4 The Principal is obliged to accompany the submitted coupons with their checklist according to the nominal values on a checklist determined by the Commission agent.

2.5.5 The Principal is not authorized to disburse persons, who submit the coupons to pay for provided services or goods, the difference between the nominal value of accepted coupons and the value of provided service or goods.

2.5.6 The Principal undertakes to immediately inform the Commission agent in writing about a change of any identification or communication details (e.g. change of business name, registered seat/place of business/permanent address,  e-mail address, phone and fax number), as well as bank account number, in no later than five working days from the date of any change.

2.5.7 The Principal has the right to be informed of products and services of the Commission agent, which he is able to obtain by phone using the Customer Hotline of the Commission agent No. 02 / 32 55 35 33 or on the websitewww.chequedejeuner.sk.

2.5.8 In communication with the Commission agent the Principal is obliged to use the identification number assigned by the Commission agent. 

III. Coupons

3.1 Coupons are not means of payment and are designed especially for payment of a mediated service in the nominal value marked on the coupon.

3.2 Each coupon is marked on its front side with the name (type) of the coupon, nominal value, calendar year of its validity, numeric and bar code.

3.3 Each coupon contains security features, without which the coupon is invalid. Graphic visualization of valid coupons and a description of basic security features is available on the website of the Commission agent www.chequedejeuner.sk.

3.4 Coupons are issued with a validity of 15 months, i.e. the Commission agent usually begins with issuing coupons for a new year, valid until 31st December of the following calendar year, in October. A valid coupon in a calendar year means also a coupon issued for the following calendar year. The validity of coupons always ends on 31st December of the calendar year, which corresponds to the calendar year the validity of which is marked on the coupon.

IV. Ways of handover and reimbursement of coupons

4.1 The Principal will hand over the coupons in one of the following ways:

a) personally to the registered seat of the Commission agent (Mo-Th: 8.00-16.00, Fr: 8.00 -12.00)

b) in the form of a valuable letter to the correspondence address (LE CHEQUE DEJEUNER, s.r.o., P.O. Box 109, 820 05 Bratislava 25), in a safety plastic envelope

c) via an insured courier service, to the registered seat address of the Commission agent (LE CHEQUE DEJEUNER, s.r.o., Tomášikova 23/D, 821 01 Bratislava), in a safety plastic envelope.

4.2 The handover of coupons means their delivery to the Commission agent. The Commission agent is not responsible for damage caused to the shipment by a third person during the process of handover of coupons, which were submitted according to Article IV., section 4.1, letter b) or c) of these GTC.

4.3 The Commission agent shall reimburse the Principal the nominal value of coupons, after deduction of agreed remuneration, which were handed over no later than on 31st January of the calendar year following the calendar year, in which the validity of coupons expired, in one of the following ways:

a) bank transfer payment: the Commission agent is obliged to submit a payment order within seven days from the day of receiving the coupons.

b) express bank transfer payment: the Commission agent is obliged to submit a payment order within three days from the day of receiving the coupons.

c) super-express bank transfer payment: the Commission agent is obliged to submit a payment order the following working day from the day of receiving the coupons.

d) cash payment: when reimbursing coupons in cash the Commission agent empowers a person or persons in the Commission agreement authorized to act on behalf of the Commission agent to take over financial means for submitted coupons.

4.4 The day of payment means the day of debiting of the relevant sum of money from the bank account of the Commission agent.

4.5 The reimbursement of coupons by an express bank transfer delivered to the Commission agent in the form of a valuable letter (section 4.1 letter b) or by a courier service (section 4.1 letter c) is only possible in case of duly marking of service "EXPRESS" on the checklist determined by the Commission agent and also on the safety plastic envelope, however in the maximum amount of EUR 10,000.00 for one handover.

4.6 The reimbursement of coupons by a super-express bank transfer delivered to the Commission agent in the form of a valuable letter (section 4.1 letter b) or by a courier service (section 4.1 letter c) is possible only in case of duly marking of service "SUPEREXPRESS" on the checklist determined by the Commission agent and also on the safety plastic envelope, however in the maximum amount of EUR 10,000.00 for one handover.

4.7 The reimbursement of coupons by an express bank transfer (section 4.3 letter b) is possible in case of personal delivery of coupons to the registered seat of the Commission agent (section 4.1 letter a) without restriction for one handover.

4.8 The reimbursement of coupons by a super-express bank transfer (section 4.3 letter c) is possible in case of personal delivery of coupons to the registered seat of the Commission agent (section 4.1 letter a) without restriction for one handover.

4.9 The reimbursement of coupons in cash (section 4.3 letter d) is possible only in case of personal delivery of coupons to the registered seat of the Commission agent (section 4.1 letter a) which:

a) does not require an advance notice, if the total amount of coupons is not higher than EUR 1,000.00 inclusive,

b) requires an advance notice of one working day in advance, if the total amount of coupons is between EUR 1,000.00 and EUR 5,000.00 inclusive.

V. List of fees

5.1 The Commission agent and the Principal agreed that the Commission agent has the right to reimbursement of the following fees by the Principal:

a) the minimum amount of remuneration for reimbursement of coupons via a bank transfer is EUR 7.00 by each handover of coupons by the Principal;

b) a handling fee in the amount of 1% of the nominal value of the submitted coupons for reimbursement of coupons via an express bank transfer; the minimum total amount of remuneration and handling fee will not be lower than EUR 9.00 for each handover of dining coupons by the Principal.

c) a handling fee in the amount of 1.5 % of the nominal value of the submitted coupons for reimbursement of coupons via a super-express bank transfer; the minimum total amount of remuneration and handling fee will not be lower than EUR 9.00 for each handover of dining coupons by the Principal.

d) a handling fee in the amount of 1.5 % of the nominal value of the submitted coupons for reimbursement of coupons in cash; the minimum total amount of remuneration and handling fee will not be lower than EUR 7.00 for each handover of dining coupons by the Principal.

e) 7% of the nominal value of the submitted dining, drinks, gift, medical and holiday coupons in case that there is no agreement concluded to cover their acceptance.

f) 10 % of the nominal value of the submitted social coupons in case that there is no agreement concluded to cover their acceptance.

5.2 All the fees stated in Article V, section 5.1 are without VAT.

VI. Reclamations

6.1 The way, conditions and place of exercise of rights with respect to the liability for defects, contradiction or deficiencies are defined in the Returns Policy, which is published in accordance with the relevant provisions of the Commercial Code and the Civil code, as well as other generally binding legal regulations of the Slovak Republic.

6.2 The Returns Policy is available on the website http://www.chequedejeuner.sk/reklamacny-poriadok/

VII. Tax and accounting requirements and invoicing

7.1 Pursuant to the instruction of the Ministry of Finance of the Slovak Republic published in the Financial Bulletin 12/96 Number: 12019/1996-63 coupons are not subject to value added tax (VAT). VAT shall be added to the Services of the Commission agent charged under the concluded Commission agreement.

7.2 The Commission agent shall issue to the Principal an invoice in documentary (paper) form or an invoice in electronic form sent via electronic mail (e-mail) for provided services.

VIII. Other arrangements

8. Delivery: If the agreement does not specify otherwise, any correspondence between the contracting parties with regards to the agreement must be in written form and must be delivered by post as registered mail with an advice of delivery, by a courier, or by fax, or must be delivered personally requesting a receipt confirmation. Each contracting party can change the address for correspondence delivery by a written notice sent to the other contracting party. If the addressee refuses to accept the correspondence, it is considered to be delivered at the moment of refusal to accept the correspondence. If a post or a courier service provider returns the correspondence to the sender as undeliverable, or if the delivery of the correspondence is thwarted by action, or by omission of the addressee, the correspondence is considered to be delivered after 3 working days from the day it was sent by the sender. In case of correspondence sent by fax it is necessary to deliver the correspondence also via post as a registered mail with an advice of delivery within 5 working days, or by courier, or in person.

8.2 Consent to personal data processing: In accordance with  § 11 of Act No. 122/2013 Coll. on protection of personal data as amended and on changes and additions to some acts the Principal provides the Commission agent with consent to process the personal data, which the Principal voluntarily provides for the Commission agent in the scope of data stated in this agreement and its amendments due to the needs of the agreement for realization of its purpose, as well as for the statistical purposes of the Commission agent, especially for purposes of processing and evaluating information on using services mediated by the Commission agent. The Principal gives his consent to process his personal data for an indefinite period; this consent can be revoked at any time by a written request delivered to the Commission agent.

8.3 Consent to use of personal and contact details for marketing purposes: The Principal agrees that the Commission agent can use the personal and contact details of the Principal for marketing purposes, especially for proposing offers and sending information about services offered or mediated by the Commission agent. The Principal can revoke this consent at any time by a written request delivered to the Commission agent.

IX. Final provisions

9.1 The written Commission agreement can be amended only by written amendments signed by both contracting parties.

9.2 Changes of identification details of the contracting parties registered in the Business Register or similar register shall not be considered as changes requiring a conclusion of an amendment to the agreement.

9.3 All calls on the customer hotlines of LE CHEQUE DEJEUNER, s.r.o. may be electronically recorded in accordance with Act No. 122/2013 Coll. on protection of personal data and on changes and additions to some acts.

9.4 These GTC come into force on 1st November 2013.

 

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