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6. Charges 6.1 The Client is obliged to remit charges stated in the valid Price list that was transferred to him together with the Conditions. 6.2 DCC is entitled at any time throughout the duration of the Agreement to change its Conditions or the Price list. DCC announces the notification of changes in valid wording in sufficient advance prior the date of effectiveness on its web pages: www.dinersclub.cz. In case of disagreement with such a change the Client is entitled to notify DCC of such fact within 15 days from the date of notification of change in the manner stipulated in the preceding sentence. If he does not effect such notification it is supposed that he agrees with new wording. 6.3 In case that the official inflation rate in the Czech Republic announced by the Czech Statistical Office super passes 10 %, DCC is entitled to shorten accounting period or to charge the Client interest rate for the period between the transaction date and settlement date or other charges according to the Price list. 7. Changes and effectuation of the contractual relationship 7.1 All changes to the contractual relationship, except changes of Conditions or the Price list, can be provided only in the written form and after mutual agreement. 7.2 The Client and DCC can unilaterally terminate the contractual relationship at any time throughout the duration of the Agreement without giving any reason, always towards the last day of the month in which the notification was delivered to the other contractual party. 7.3 The Client is obliged to pay fee for issuance of a renewed Card unless he delivered the notification on contractual relationship termination to DCC at least 30 days prior the expiration of the Card. 8. Final provisions 8.1 In accordance with Act No. 101/2000 Coll., on personal data protection, the Client agrees that provided personal data will be processed by DCC and can be transferred in the manner stipulated by the valid legal regulations to financial institutions and DCC contractual partners in the extent necessary for issuance and usage of DCC Card. Furthermore it can be processed for the purpose of direct mailings of marketing materials and other documents and information concerning activities of DCC or DCC contacting partners. By signing the Agreement the Client certifies that he has been informed that submitting of personal data was voluntary and that during its processing he is entitled to rights in accordance with Act No. 101/2000 Coll. on personal data protection. This consent is valid for 10 years or until it is recall which can be done at any time. 8.2 Any dispute arising from this contractual relationship shall be primarily solved in a conciliatory manner. 8.3 All disputes arising from the Agreement and in connection with it shall be decided with final force at the Arbitration court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in accordance with the Arbitration Court Code and Rules by one arbiter appointed by the chairman of the Arbitration court. 8.4 All statements and all correspondence in relation to the contractual relationship with DCC shall be mailed to the Client to the last address provably notified by him. 8.5 DCC is entitled to ascertain facts concerning the Client by its own resources or through third parties, if it has doubts about facts stated by the Client or if DCC good reputation or its economic interests are damaged on side of the Client. 8.6 These Conditions are governed by legal order of the Czech Republic. Rights and obligations of DCC and the Client concerning their contractual relationship not explicitly established by the Agreement or Conditions are by parties' agreement explicitly governed by provisions of Act No. 513/1997 Coll., Commercial Code. 8.7 By signing this Agreement the Client confirms that he acquainted himself with the Conditions, takes them into account, agrees with them and obliges to respect them and attests this by his signature, which is manifestation of his explicit and free will. Diners Club Czech General Business Conditions for issuance and usage of Diners Club Lodged Account cards 1. Introductory provisions 1.1 These General Business Conditions for issuance and usage of Diners Club Lodged Account cards (hereinafter referred to as "Conditions") have been issued by the company Diners Club Czech, s.r.o., IC:25705369, registered at the Commercial Register maintained by the Municipal Court at Prague, Section C, entry 62816 (hereinafter referred to as "DCC") in the meaning of provision of Article 273 section 1 of the Commercial Code and constitute an inseparable part of the Agreement on Diners Club Lodged Account (hereinafter referred to as the "Agreement"). 1.2 The contractual relationship between DCC and a person who applied for a Card issuance (hereinafter referred to as the "Client") originates on the day of Agreement conclusion and all rights and obligations arising from such relationship are governed by contractual stipulations, provisions of appropriate legal regulations of the Czech Republic and the valid Conditions. The Client is obliged to fulfil all obligations resulting from the contractual relationship between him and DCC in a regular and timely manner. 1.3 DCC in the meaning of Article 17 of Act No. 124/2000 Coll., on payment system, states that the Conditions corresponds to the model business conditions of the Czech National Bank, except provisions concerning dispute settlements, Dispute settlements are entrusted to the Arbitration court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. 2. Card issuance and delivery 2.1 The Client can be a legal person or an individual person - entrepreneur conducting business in the territory of the Czech Republic with adequate credibility confirmed by facts stated in the Agreement, application for a Card and its appendices. The Client has no legal claim to a Card issuance. 2.2 Issued Card is not transferable and can be used only by the Client. The Card is property of the company DCC which can at anytime declare it as invalid, to block it, or, if justified, to withdraw it from the Client by itself or through a contractual partner. 2.3 The Client applies for a Card through the Agreement by filling the application for a Card issuance and submitting all appendices required by DCC. 2.4 The Client is responsible for verity, correctness and entirety of stated entries. The Client is obliged to inform DCC on any change of entries stated in the Agreement. DCC is entitled to verify entries stated by the Client at anytime. 2.5 The Client can collect the Card in person at the seat of DCC or at business locations of contractual partners or in form of a registered mail for personal delivery to Client's authorized representative. 2.6 The Client is obliged to activate the Card, i.e. after its collection he must to dispatch to the DCC seat filled in and signed the form "Certification of Card collection". The Card itself is activated by 16:00 hours at the latest of the following business day after delivery of the form to DCC. Until this moment the Card is blocked for security reasons. The activation can be performed also by despatching of Certification of Card collection by fax on a fax number shown in www.dinersclub.cz provided the Client is obliged to deliver the original of Certification within 5 business days from the date of fax despatch to DCC; unless providing this the Card shall be blocked again. 2.7 The Card is issued for a limited validity period. DCC shall issue to the Client a new Card prior the expiration of card validity only when the Client duly fulfilled in the past period his obligations towards DCC. 3. Card usage 3.1 The Client is entitled to use the Card under precondition that • he uses the valid Card • fulfilled all preconditions for its usage • is able within given time period to repay all transactions in an agreed manner • the contractual relationship between the Client and DCC was not terminated • the Card has not been blocked. 3.2 The Card enables the Client to settle up goods and/or services costs at Diners Club contractual partners worldwide for transactions made without card presentation by communicating the Card number in written, telephone or internet order of goods or services. 3.3 DCC is not liable for damage in case that any contractual partner refuses to accept the Card, does not accept it or a transaction is not carried out. 4. Transactions settlement 4.1 DCC provides settlement of transactions made by the Client using the Card in co- operation with its contracting partners. A transaction made in foreign currency is converted to Czech crowns in the exchange rate stipulated by the company Diners Club International. 4.2 DCC regularly issues a statement, having character of an accounting document, which is sent to the Client in agreed manner and to the agreed or last known address. 4.3 Apart from settled transactions the statement shows the settled annual fees for the Card, further charges according to the valid Price List, possibly charges connected to providing further services to the Client (e.g. supplementary insurance, etc.). 4.4 The Client is obliged to settle his obligations by remitting settled transactions with accessories stated in the statement and charged fees, all this by the maturity date. If the maturity date is not a business day then the maturity date is the nearest business day following this date. 4.5 Up to the maturity date the Client can enforce a claim of settled transactions or charges provably delivered to the DCC seat in the written form (it can be provided by electronic means to the address: customer.service@dinersclub.cz). Claims submitted by the Client after the maturity date stated on the statement shall be disregarded and the right to claim ceases to exist on the maturity date stated on the statement. 4.6 DCC is obliged to process the claim within the shortest time, at the latest within 180 days from the claim delivery. DCC is obliged to inform the Client in writing on commencement of the claim process at the latest within 30 days from claim delivery. Submitted claim has a suspensory effect to the maturity date of claimed amount. The Client is obliged to substantiate facts for which the settled transactions or charges are claimed. 4.7 If the Client does not fulfil his obligations or liabilities then DCC is entitled: • to block the Card • to charge the Client the Contractual penalty - default charge which is at minimum 1,5 % and at maximum 4 % per month from unpaid total amount (Final Card balance) stated in the last statement • to charge the Client the Reminder fee 4.8 Charges are charged according to the valid Price list. 4.9 In case the Client is in default in remitting the settled amount or its part for more then 30 days, DCC is entitled to prosecute the owned amount as well as all costs which DCC expends towards safeguarding or exercising any of DCC rights or obligations arising from the relationship between DCC and the Client. 5. Rights and obligations 5.1 The Client is obliged to notify DCC without delay of all changes in entries stated in the Agreement, in application or its appendices, including other facts, especially: a) an execution of a decision was commenced against him or an execution is proceeded against him b) he went bankrupt or his property was proposed to be adjudicated bankrupt, or settlement, or his property was declared bankrupt, or settlement was reached, or the proposal for adjudicated bankrupt was declined for lack of means c) he dissolved a company and entered into liquidation, or dissolved a company without liquidation, in case of a natural person - entrepreneur his trade or other certificate ceased to exist, he lost legal capacity or it was limited d) he ceased his trade activities or does not perform entrepreneur activity and this fact can consequently lead to abolishment of his trade activity in the sense of appropriate legal regulations. 5.2 DCC is liable only for damages which were caused to the Client by provable violation of obligations by DCC employees. Date: ……… Signature: ...... .
