The General Terms & Conditions (GTC) form an appendix to every Sublease Agreement. They describe the rules that govern various situations in our contractual relationship. The GTC currently in effect will always be displayed on this webpage.
If you have any questions, please don’t hesitate to contact our customer support at support@idealninajemce.cz or via phone at +420 222 70 30 30.
Below you will find the current version of the General Terms and Conditions valid from 1 November 2023.
To view the previous version valid from 1 September 2022, please click here.
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1.1
These General Terms and Conditions (hereinafter referred to as "GTC") have been prepared and issued by the company UlovDomov.cz s.r.o., registered office at Lazaretní 925/9, Zábrdovice, 615 00 Brno, ID No.: 293 00 631, registered in the Commercial Register maintained by the Regional Court in Brno under file No. C 724 44 (hereinafter referred to as the “Company” or “UlovDomov.cz” or “company UlovDomov.cz”).
1.2
UlovDomov.cz is a company whose scope of business includes, but is not limited to, renting out and subleasing properties with and without the right to the fruits.
1.3
These GTC set out the main conditions and rules for concluding and terminating an agreement on the use of a property (hereinafter referred to as the “Apartment” or “Property” or “Dwelling Unit” or “Subject of the Sublease”) as well as the terms of the agreement and the rights and obligations arising therefrom (hereinafter referred to as the “Sublease Agreement”). The relationship established by the Sublease Agreement is hereinafter referred to as the “Sublease”.
1.4
A subleasing party is defined in these GTC as a person who has concluded a Sublease Agreement with UlovDomov.cz.
1.5
These GTC form an appendix to each Sublease Agreement concluded by and between UlovDomov.cz and a subleasing party. These GTC form an integral part of each agreement concluded by and between UlovDomov.cz and the subleasing party concerned with the provision of accommodation in a subleased property, provided such an agreement refers to these GTC. These GTC must either be attached to such an agreement or the subleasing party must be familiar therewith. The subleasing party is considered to be familiar with these GTC in the following situations (without limitation): (a) such a party confirms they have accepted or become familiar therewith by attaching their signature thereto, or (b) these GTC have been sent to the subleasing party by email.
1.6
By signing a Sublease Agreement to which these GTC are attached or which contains a reference to these GTC, the subleasing party expressly represents that they are familiar with the contents of these GTC and that they agree unconditionally therewith. By signing a Sublease Agreement to which these GTC are attached or which contains a reference to these GTC, the subleasing party also agrees, expressly and unconditionally, with all the legal relations between them and UlovDomov.cz concerning the provision of accommodation in a subleased property being governed by these GTC.
1.7
A Sublease Agreement may regulate rights and obligations by way of derogation from these GTC (Part E), in which case such a derogatory provision is superior to the provisions hereof. Such a derogatory provision, if any, must be included in the clause titled “Derogation from the GTC”. If such a Sublease Agreement contains regulation of rights and obligations not regulated by the GTC, the regulation in the Sublease Agreement applies by way of derogation from the GTC. These GTC may only be derogated from subject to a written agreement concluded by and between UlovDomov.cz, in which case an exchange of email messages is not considered to be “a written agreement”.
1.8
The subleasing party expressly acknowledges that the primary method of communication with the Company is by email. Therefore, the subleasing party undertakes to have a functional email address (i.e. the address the subleasing party provided as a contact address at Sublease Agreement execution)when signing the subletting agreement in active use for the entire duration of any legal relationship with the Company and for a further 3 years after the termination of such a legal relationship. In the event of such an email address not being functional, the subleasing party undertakes to inform the Company immediately, and within 3 days with a functional email address to replace the old non-functional email address. Additionally, the subleasing party agrees to inform the company within the same time limit as stated in the previous sentence of a change of a telephone number to be reached in case of a change in the bank account from which payments under the Sublease Agreement are to be made. The Subletting Party acknowledges that the billing of the advance payments will also be sent to it by e-mail to the e-mail address reported to it, whereby the Company will deliver the billing to the Subletting Party by sending it to this e-mail address.
2.1
The Sublease is for a fixed term, which is specified in Part F of the Sublease Agreement.
2.2
The parties expressly exclude the possibility of automatic renewal or extension of the sublease after the expiration of the sublease term; a written amendment to the Sublease Agreement in documentary form must always be executed to extend the sublease.
2.3
The subleasing party undertakes to inform the Company of whether, or not they wish to extend their Sublease Agreement no later than 2 months before the end of the agreed sublease period. If the sublease period fails to be extended subject to an amendment to the sublease agreement no later than 1 month before the end of the agreed sublease period according to the sublease agreement, the parties agree that the sublease agreement shall end on the expiry of the period for which the sublease relationship was agreed and the company shall not be obliged to respond in any way to any interest of the subletting party to continue the sublease agreement.
3.1
The Company agrees to provide the subleasing party with access to an Apartment that is fit to move into and live in. The Company and the subleasing party shall draw up a handover report stating the details of the handover and takeover. Such a report must contain general information about the Apartment’s fittings and fixtures as of the handover date.
3.2
After the termination of the Sublease under the Sublease Agreement, the subleasing party is obliged to return the Apartment in the condition in which it was taken over. The subletting party also undertakes to remove the changes made to the apartment with or without the consent of the company, unless the company informs the subletting party that it does not require the removal of the changes.
3.3
The Company and the subleasing party must agree in the sublease agreement whether roommates will reside in the apartment with the subleasing party. The subleasing party is obliged to provide the Company with the identification details and other relevant information about each person sharing the Apartment including contact details, without undue delay from the time the roommate is established.
3.4
The subleasing party declares that they have acquainted themselves well with the physical as well as legal condition of the property that is the Subject of the Sublease Agreement, including whether or not the property is a listed monument.
4.1
The parties agree that the subleasing party will conclude household and apartment insurance policies and third-party liability insurance for the subleasing party under the terms and conditions agreed upon by the parties at the time of signing the Sublease Agreement (hereinafter referred to as "Home Insurance").
4.2
The subleasing party undertakes to pay the Company’s costs associated with maintaining the insurance specified in Article IV (paragraph 4.1) of the GTC while the Company represents and warrants it will ensure the relevant policy remains valid and effective for the entire duration of the Sublease, except for the first ten days of the Sublease Agreement. Additionally, the subleasing party agrees to cover the Apartment management costs as well as the costs of drawing up legal documents related to the relationship arising out of the Sublease Agreement, and other services (hereinafter referred to as the “Supplementary Services”) in the amount specified in the Sublease Agreement. It is agreed upon by the Parties hereto that the Company shall have the right to unilaterally increase the monthly payments for the Additional Services by notifying the Subleasing party at the Subleasing party’s e-mail address, provided that the cumulative conditions (a) the increase referred to in the preceding sentence is the first in the relevant calendar year and (b) the increase itself does not exceed 3% of the agreed amount of the monthly sublease fee.
4.3
The Subleasing Party grants a power of attorney to the Company for the purpose of arranging the insurance specified in paragraph 4.1 of these GTC and making claims arising therefrom, to the extent and under the conditions set out in paragraph 4.4 of these GTC. The Subleasing Party hereby agrees that for all insurance arranged, a vindication of the insurance claim may be determined in favour of the Company.
4.4
The Subleasing Party, as principal, hereby grants to the Company, the agent, a power of attorney specified in paragraph 4.3 of these GTC to the following extent and under the following conditions:
a)
the Company is authorized to represent the subleasing party and enter, in the subleasing party’s name and as the insured party, into any and all acts whose objective is to conclude an agreement to the negotiation of the contract for the mediation of Home and Apartment Insurance and Subletting Party Liability Insurance pursuant to the provisions of paragraph 4.1. of these GTC (hereinafter referred to as the "Insurance Mediation Contract") on the part of the Insured and to carry out the administration of the insurance so negotiated.
b)
the Company to deal on its behalf with the relevant insurance companies and other entities in relation to the settlement of insurance claims that have occurred or will occur in the future and to collect on behalf of the principal insurance benefits arising from the insurance arranged based on the insurance mediation contract.
c)
the Principal hereby consents, in accordance with Act 110/2019 Coll., on the processing of personal data, the subleasing party’s first name, surname, birth number, permanent residence address, telephone number, e-mail address, as well as other personal data necessary for the fulfilment of the obligations referred to in points a) and b) of this power of attorney to third parties, in particular to the relevant insurance company for the purpose of fulfilling the rights and obligations arising from this power of attorney, in particular the conclusion of the insurance mediation contract, amendment and termination of the insurance mediation contract, insurance administration and the application of insurance benefits and insurance claims.
d)
the Agent undertakes to provide the Principal with all necessary cooperation to fulfil the rights and obligations arising from this Power of Attorney.
e)
this power of attorney is granted for a definite period of time, beginning on the date of commencement of the Sublease under the Sublease Agreement and ending on the first day of the twenty-fourth month following the termination of the Sublease under the Sublease Agreement. The Agent accepts this power of attorney and declares that he/she will exercise his/her authority only in the interest of the Principal and in accordance with the Principal's instructions.
4.5
The parties may stipulate any other additional services by specifying them in Part D of the Sublease agreement.
5.1
The first sublease payment for the first sublease period of the Sublease of the Apartment, which ends on the last day of the month in which the sublease occurred is set out in Section F of the Sublease Agreement.
5.2
The rent for the remaining part of the period of Sublease under the Sublease Agreement, except for the period defined in paragraph 5.1 of these GTC, the sublease fee is the amount specified in Part F of the sublease agreement in the "Sublease Fee" column. Furthermore, the "Total Monthly Payment" is specified in Part F of the Sublease Agreement, which includes the advance payments for services pursuant to paragraph 5.4 of these GTC, the sublease fee and the fee for additional services pursuant to Article 5.5 of these GTC, all for the period of each month following the month in which the sublease of the apartment took place (hereinafter referred to as the "Total Monthly Payment"). The Parties expressly declare that this amount is not a lump sum within the meaning of Act No. 67/2013 Coll.
5.3
The Sublease Party undertakes to pay the Total Monthly Payment by wire transfer to the Company's account specified in the header of the Sublease Agreement under the variable symbol specified in the header thereof, always no later than the last day of the calendar month preceding the month for which the Total Monthly Payment is paid.
5.4
The Company, through its utility and service distributors (the "Distributor"), shall provide the following services associated with the use of the Apartment (the "Services Provided") and the Subtenant agrees to pay for such services by monthly advance payments and other charges associated with the operation of the House and Apartment as defined in this and the following paragraph (the "Advance Payments"). The Subtenant's Basic Advance Payments are set forth in Section F of the Sublease and are part of the Total Monthly Payment.
5.5
The subletting party agrees to pay the Company the agreed price for additional services in the agreed amount, which is set out in Part F of the Sublease agreement.
5.6
The Company has the right to reasonably increase the Advance Payments for the services provided by unilateral declaration in the form of an e-mail message in case of justified reasons. The amended monthly advance payment may be requested no earlier than the first day of the calendar month following the dispatch of the notice.
5.7
The Company and the Subleasing party have expressly agreed to exclude the application of Act No. 67/2013 Coll.
5.8
The advance payments paid will always be billed in arrears by the Company in such a way that, if the subleasing party has occupied the Apartment for the entire calendar year (i.e. continuously from 1st of January to 31st of December 31 of the calendar year in question), the Company will submit to the Subleasing party a bill according to the actual consumption and costs of the services provided, according to which the billing will be made. In the event that the subleasing party does not use the property for the entire calendar year, the Company shall submit a bill for the pro rata part of the year in which the property was used by the subletting party. The subleasing party undertakes to pay all arrears for services rendered during the subletting period, even if the actual billing takes place after the end of the subletting period. Any arrears established at the time of the billing shall be due within 10 days of the date on which the billing is sent to the subleasing party. The subleasing party shall have the right to object to the statement of account ("objections") within 10 days of the date on which the statement of account was sent to it. The Subleasing Party's objections must be justified and must also include a proper and specific reasoning stating why the Complaint is being filed. The Company may decide, at its sole discretion, whether the objections are justified. The subleasing party expressly agrees that if its objections are made after the above time limit, or are not justified, they shall be disregarded and the billing in such case shall remain valid.
5.9
If a direct contract has been entered into by and between the subleasing party and a provider of (a) service(s), it is agreed that upon the termination of the Sublease and vacation of the Apartment the subleasing party is bound to provide all the necessary assistance to ensure the service purchase agreements may either be terminated or transferred to another person designated by the Company. This obligation shall survive the termination of the Sublease Agreement.
5.10
The Company determines that the billing period for the allocation and subsequent proper accounting of housing costs, i.e. services provided (referred to in these GTC as "billing"), is the completed calendar year. If the sublease agreement terminates during the calendar year, the billing period shall end at the end of the calendar year regardless and the Company shall bill for services in the following year. The subleasing party declares that it understands that the company is entirely dependent on third parties (property owners, HOA) to provide billing and settlement documents for the billing, and it is therefore beyond the company's control to complete the billing by the end of the fourth month after the end of the billing period. In view of this fact, the subleasing party undertakes not to claim from the company any statutory or any other penalty and/or fine related to the failure to make the billing and settlement within the statutory time limits and furthermore waives any statutory or any other claim for penalties and/or fines related to the failure to make the settlement within the statutory time limits. Should the Subleasing Party claim any statutory or any other claim from the Company in connection with the failure to settle within the statutory time, the Subleasing Party hereby grants the Company the right to set off against the Subleasing Party's claim the statutory or any other claim in connection with the failure to settle within the statutory time, its claim in the amount of CZK 100 for each day of delay in not settling the bill within the statutory time limit, which claim is agreed between the subleasing party and the company as an amount of compensation for damages incurred by the company as a result of the subleasing party's breach of its obligation not to claim statutory or any other penalty and/or contractual penalty for not settling the bill within the statutory time limit.
5.11
In the event that the Company proves to the subleasing party that the end supplier of services (for example, but not exclusively, the supplier of electricity and gas) has a billing period different from the period specified in paragraph 5.10 of these GTC (i.e., for example, but not exclusively, its billing period begins on 1st of September of each calendar year and ends on 31st of August of the following year), the Company shall determine the billing period to the subleasing party in accordance with the billing period so proved. The Subleasing party agrees to this. If the billing period under this paragraph of the GTC is changed, the Company undertakes to settle that particular service within 4 months of the end of the billing period under this paragraph of the GTC.
5.12
The parties agree on an inflation clause, where the company is entitled to adjust the amount of the agreed sublease rent without the agreement of the parties due to inflation by notifying the subleasing party, exclusively under the following conditions:
(a) inflation means annual inflation measured by the increase in the aggregate index of consumer prices of goods and services, as reported each calendar year by the Czech Statistical Office for the preceding year, expressed as a percentage.
(b) from the first day of January of each calendar year forward, or from the first day of a month determined by the Company for the future, the Company shall be entitled to increase the sub-rent for inflationary reasons by up to the percentage of inflation in the preceding year.
(c) the sub-rent increased due to inflation shall be considered as the agreed sub-rent.
d) if the company has increased the sublease rent due to inflation and the subleasing party has already paid the sublease rent due subject to such increase, then the subleasing party shall be obliged to pay the additional amount to the sublease rent already paid to the company on the date of the next due sublease rent, unless the parties agree otherwise.
e) the relevant sublease agreement, the content of which is determined by these GTC, has lasted at least 6 months on the date of the increase according to this provision.
f) the company is entitled to adjust the amount of the agreed sublease fee in accordance with the procedure under this paragraph of the GTC only once in each calendar year during which the sublease agreement lasts.
6.1
The subleasing party undertakes to deposit a security deposit with the company in the agreed amount, which is specified in the sublease agreement in Part F. The security deposit must be deposited in the company's account no later than on the day of the subleasing party's taking over the apartment. The subleasing party waives the right to interest on the security deposit provided to the company.
6.2
The Company has the right to draw on the security during the sublease. The Company must notify the subleasing party of the reasons and the amount of the drawdown.
6.3
Upon vacating the apartment, the company will return the security deposit to the subleasing party. The Company shall have the right to set off against the claim of the subleasing party for the return of the security deposit all its claims against the subleasing party arising from the sublease agreement. The subleasing party grants the Company the right to unilaterally set off against the subleasing party's claim for the return of the security deposit any claim or claims of the Company against the subleasing party which are uncertain, indefinite or not yet due.
6.4
If the Company offsets its claims against the subleasing party's claim for repayment of the security deposit, or draws on the security deposit, the Company shall have the right to require the subleasing party to repay funds up to the amount of the agreed security deposit ("repayment of the security deposit"). The Subleasing Party shall be obliged to repay the Security Deposit without undue delay, at the latest within 10 days after being requested by the Company to repay the Security Deposit.
6.5
In the event of termination of the sublease prior to receiving receipt of bills from the service providers, the Company may retain the security deposit or a portion thereof for the payment of any arrears of services until the receipt of bills from the service providers. The Subleasing party agrees not to charge the Company statutory or any other default interest associated with the return of the security deposit and further waives statutory or any other claim for default interest associated with the return of the security deposit. If the Subleasing party claims statutory or any other default interest from the Company in connection with the return of the Security Deposit, the Sublessor hereby grants the Company the right to set off against the Sublessor's claim for statutory or any other default interest in connection with the return of the Security Deposit, its claim in the amount of CZK 100 for each day of delay in the return of the security deposit, which claim is agreed between the subletting party and the company as the amount of compensation for damages incurred by the company as a result of the subletting party's breach of its obligation not to claim statutory or any other default interest associated with the return of the security deposit.
6.6
The Parties declare in agreement that the security deposit deposited pursuant to clause 6.1 of the Sublease Agreement shall not be used for the purpose of paying the final payment of the sublease rent for the use of the apartment pursuant to the Sublease Agreement and may only be used for this purpose by mutual written agreement of both Parties.
7.1
The Company represents and warrants that it will not use the Apartment during the period of Sublease.
7.2
The subleasing party is obliged to immediately notify the Company promptly of any changes (also expected or anticipated) in the number of roommates. For the purposes of the entire sublease agreement, a roommate means a person who will move into the apartment or a person who will regularly stay overnight in the apartment or who will share a household with the subleasing party.
7.3
The subleasing party may only allow another person, a roommate, to share the Apartment subject to a prior written consent of the Company in physical form.
7.4
The subleasing party is obliged to ensure compliance with all obligations arising from the Sublease Agreement and these GTC also by the roommates. Breach of these obligations by the co-habitants shall be deemed a breach of the subleasing party's obligation and shall give the company the same rights against the subleasing party as it would have if the subleasing party itself had committed the breach.
7.5
If more than one person enters into a sublease agreement with the company, they shall become a joint subleasing party of the apartment; a person who, with the consent of the parties, accedes to the sublease agreement shall also become a joint subleasing party. All persons on the subleasing party's side shall be jointly and severally liable for all obligations under the Sublease Agreement.
7.6
The subleasing party undertakes to use the Apartment solely for living purposes only. The subleasing party may not use the Apartment to conduct business there and may not permit other persons in the apartment to conduct business there. If the subleasing party becomes aware that any person is using the Apartment for business purposes, it is their obligation to notify promptly the Company thereof. The Company may allow the subleasing party to use the Apartment for other purposes subject to a request from the subleasing party; in such case, the company shall issue a written confirmation of its consent to the subleasing party.
7.7
The subleasing party is obliged to use the Apartment appropriately and in accordance with the Sublease Agreement and these GTC and observe all the provisions contained therein and in the house rules, which are published in the premises of the house, or within the limits of decency of social coexistence, if there are no house rules in the house in which the apartment is located.
7.8
In the event that the subleasing party fails to properly vacate and surrender the Subject of the Sublease completely and hand it over on the last day of the Sublease at the latest, it is conclusively presumed the subleasing party has been unable to vacate the Subject of the Sublease completely and hand it over, in which case the Company shall be entitled to vacate the subleased item at the subleasing party's expense. In this regard, the Subleasing Party acknowledges, agrees and expressly authorizes the Company to vacate the Subject of the sublease in the event referred to in the preceding sentence and to evict the Subletting Party from all movable property situated therein and belonging to the subleasing party and place such property in any place determined at the Company’s sole discretion, in which case the Company is obliged to notify the subleasing party of the whereabouts of the subleasing party’s property. Subject to the existence of receivables, whether due or not, owed by the subleasing party to the Company, the Company may exercise its retention rights.
7.9
The parties expressly agree that with regard to the maintenance of the premises, only the provisions of § 1 to § 5 of Government Regulation No. 308/2015 Coll., on the definition of the terms routine maintenance and minor repairs related to the use of apartments, as amended as of the date of execution of the Sublease Agreement (hereinafter referred to as the "Government Regulation"), as in force on the date of signing the sublease agreement, shall apply between them, for the maintenance of the premises. References in the Government Regulation to ‘tenant’ mean the subleasing party under the Sublease Agreement and these GTC shall be understood to mean the tenant under the said Government Regulation. The other provisions of the Government Regulation shall not apply to the parties.
7.10
The Company shall give the Subleasing Party a period of time to carry out minor repairs and/or routine maintenance to the Apartment (collectively, the "Minor Repairs"). In the absence of a time limit set by the Company, the Parties shall set a time limit of 14 days for the performance of the Minor Repairs and/or Routine Maintenance. If the subleasing party fails to carry out the minor repairs which it is obliged to do under the sublease agreement and the GTC in time, the Company may call upon the subleasing party to carry out the minor repairs and set a reasonable time limit for the subleasing party to do so. If the Company has invited the subleasing party to carry out the minor repairs and the subleasing party has not complied with the invitation within a reasonable period of time, the Company may arrange for the minor repairs to be carried out and may claim compensation from the subleasing party for the costs it has incurred for the minor repairs.
7.11
The amount of payment for minor repairs is based primarily on tax and payment documents submitted by the subleasing party; the subleasing party must always inform the Company in advance of the repair and obtain the Company's express consent to the repair. In the event that the subleasing party fails to obtain the Company's consent to carry out the repair in accordance with this paragraph of the GTC, the subleasing party's right to payment for the repair by the Company shall be extinguished, irrespective of whether it is claimed by the Company for any legal or contractual reason.
7.12
The limitation of the scope of minor repairs that the subleasing party is obliged to carry out under this article of the GTC does not apply in the event that the subleasing party intentionally or through gross negligence causes damage and triggers the need to carry out repairs in the apartment.
7.13
The subleasing party shall allow the Company access to the apartment for the purpose of inspecting the condition and use of the apartment and possibly inspecting the apartment with another prospective tenant (collectively, the "Inspection"). The Company shall have the right to inspect the apartment once after the first calendar month and once every 3 calendar months thereafter during the term of the sublease. The Subleasing Party agrees to take photographs of the condition of the Apartment during the Inspection in a quantity to be determined by the Company.
7.14
In the event of an imminent termination of the sublease agreement, the subleasing party is obliged to make the apartment available to an unlimited extent upon request and repeatedly and to allow inspection by those interested in subleasing at least one month before the agreed date of termination of the Sublease Agreement.
7.15
In the event that the subleasing party wishes to keep an animal in the apartment, the subleasing party must obtain the Company's prior written consent, and without permission under this sentence, the subleasing party has no right to keep an animal in the apartment. The subleasing party agrees not to smoke in the apartment. The subleasing party undertakes not to remove any sticker marking of the subleasing subject placed by the company. If the marking is removed, the subleasing party is obliged to inform the company without undue delay and to provide a new adhesive marking.
7.16
The parties agree that the provisions of the Civil Code shall apply to their relations under the sublease agreement to the extent that they do not conflict with the contents of these GTC and the Sublease Agreement. In case of a conflict between the statutory provisions and the Sublease Agreement, including these GTC, the subleasing party and the Company agree that the provisions of the Sublease Agreement and these GTC shall prevail. For the purpose of applying the provisions of the Civil Code, the subleasing party shall be deemed to be the tenant and the company the landlord.
7.17
If any repairs or energy readings are carried out in the Apartment, the subleasing party is obliged to provide cooperation for their implementation it is obliged to allow the company's employees or persons authorized by the Company to enter the apartment at the company's request and let them carry out the repairs or readings. Replacement of meters, when such repairs or readings are made, are not considered minor repairs.
7.18
If the subleasing party discovers that there is a damage or defect in the Apartment that needs to be repaired without delay, he/she shall immediately notify the company using the contacts listed in the "Client Support" section of the subleasing agreement, using the form in the client area or by e-mail; any other defect or damage that prevents normal living shall be reported to the company without undue delay.
7.19
The Subleasing Party undertakes to provide the Company with cooperation and to communicate sufficiently and in a timely manner with the Company on all matters relating to the Apartment, in particular in the event that the Company notifies the Subleasing Party to inspect the Apartment or to inspect it with other prospective Subtenants as provided for in paragraphs 7.13 and 7.14 of these GTC.
7.20
The subleasing party hereby expressly undertakes to comply with the provisions of Act No. 20/1987 Coll., on State Heritage Care, if the house is declared a cultural monument. This includes in particular the obligation to maintain the cultural monument in good condition and to protect it from threats and damage.
7.21
The parties have agreed that in the event of inability to contact the subleasing party, the company has the right to inspect the subject of the sublease. Inspection within the scope of this provision means unlocking the apartment unit with the backup keys and ascertaining the condition of the apartment unit as well as the possible health condition of the subleasing party. The subleasing party consents to this invasion of privacy.
7.22
The inability to contact the subleasing party according to paragraph 7.21 of these GTC means, in particular, non-payment of the sublease rent for at least one month, failure to respond to calls from the Company and its designated persons for at least 14 days, failure to receive calls from the Company and its designated persons for at least 14 days, failure to respond to calls from the Company's legal representative for at least 14 days, and failure to receive calls from the Company's legal representative for at least 14 days. In the event that the subleasing party plans to leave the subject matter of the sublease for more than 14 days, the subleasing party shall arrange for a third person to allow the Company or its designees access to the subject matter of the sublease and provide the Company with the contact information for that person.
7.23
The parties to the sublease agreement mutually declare and acknowledge that the signing of the termination handover protocol does not terminate the mutual contractual relationship, nor the sublease agreement itself, nor the outstanding obligations of either party arising in connection with the mutual contractual relationship. The sublease agreement and the obligations arising therefrom shall terminate (a) upon expiry of the agreed term or the end of the notice period, or (b) upon the grant of a new right of use of the subleased property to a third party.
7.24
The Company and the subleasing party consent to retention rights being exercised and monetization of the retained property under the Sublease Agreement shall be carried out in such a way that the movable property subject to the exercise of the right of retention shall be inventoried, including the estimated prices of individual items, where the Subleasing Party grants the Company the exclusive right to determine the amount of the estimated prices, and subsequently sold either (a) within the framework of auction advertising portals (e.g. but not exclusively to aukro.cz), or (b) to any third party for the price specified in the inventory of movable property pursuant to this paragraph of the GTC. The Company and the Subleasing Party expressly exclude the statutory regulation of the exercise of the right of retention and subsequent monetisation, which is contained primarily, but not exclusively, in Sections 1398 and 1359 et seq. of Act No. 89/2012 Coll., the Civil Code. If the seized items cannot be monetised, the subleasing party gives its express instruction to the company to dispose of or donate such property to charity on its behalf. If the right of retention under this clause is realised, the Company shall be entitled to set off against its claim for the proceeds of the realisation of the property its claim for damages for the realisation of the realisation under this clause.
7.25
The Company and the subleasing party agree that at the end of the sublease agreement, the sublease item shall be handed back to the Company at a time specified by the Company between 8:00 am and 4:00 pm.
7.26
The Company and the subleasing party agree that in the event of the impending end of the Sublease Agreement, the Company may, no later than the 21st day prior to the date on which the Sublease Agreement is expected to end, call upon the subleasing party to hand over the Subleased Property at any time during the last five days of the Sublease Agreement at the time specified in paragraph 7.25 of these GTC. If the sublease item is handed over within the time limit specified in this paragraph of the GTC, the subletasing party shall not be obliged to pay the sublease rent and advance payments for the pro rata period during which the sublease item is not used until the end of the agreed term of the sublease agreement.
7.27
The subleasing party undertakes to inform and hand over to the company all mail items not addressed to the subleasing party as well as hand over such mail to the Company without undue delay, no later than within 5 days from the date of delivery thereof; such mail must be handed over to the Company at places specified in the Company’s website’s section Contacts and on working days between 9 a.m. and 5 p.m.
7.28
It is an obligation of the subleasing party to ensure routine inspection and operational inspection of gas appliances at least to the extent and frequency specified in Decree No.34/2016 Coll., on cleaning, inspection and revision of the flue, Act No.250/2021 Coll., on occupational safety in connection with the operation of reserved technical equipment, or as specified in any other statutory or sub-statutory regulation. The subleasing party undertakes to ensure that the boiler is inspected by an authorised person at least as frequently as possible so that no more than 12 months elapse between inspections. The subleasing party agrees to provide the company with a copy of the inspection or review report within 7 days.
7.29
After any minor repairs have been made, the subleasing party is obliged to document them photographically and send the photo documentation of the repairs to the e-mail address – support@idealninajemce.cz and/or via the online client zone, which the Company has granted access to.
7.30
Should the subleasing party decide to rekey / replace the lock on the entry door, they must notify the Company thereof no later than 3 days after rekeying / replacing the lock. Notification must be sent to the e-mail address – support@idealninajemce.cz and at the same time to hand over the key to the new insert to the company at the place and time specified by the Company.
7.31
In the event that the subleasing party delivers the apartment to the company in a condition that cannot be considered as cleaned, tidy and in the condition in which the apartment was taken over, the subleasing party is obliged to pay the subease rent and advance payments for the period during which the company will take steps to return the apartment to its original condition. The Company hereby undertakes to carry out such repairs and alterations without undue delay after taking possession of the Apartment from the Subleasing Party.
7.32
The subleasing party may not sublet the apartment without the consent of the Company. In particular, the subleasing party must not use the apartment for short-term subletting (airbnb, booking.com, etc.)
7.33
The Subleasing Party hereby agrees and authorizes the Company to send the proof of accommodation and, if applicable, other documents proving the provision of accommodation in the Czech Republic to the relevant department of the Ministry of the Interior of the Czech Republic or to the relevant department of the Aliens Police. By sending this document or documents, this power of attorney is exhausted. The Subleasing Party acknowledges that this authorisation relates solely to the sending of the accommodation document or other documents mentioned above and the Company does not provide any immigration or related services.
7.34
In the event of establishing a permanent residence at the address of the property according to Section B of the sublease agreement, the subleasing party undertakes to deregister the permanent residence at the address of the subject property after the termination of the sublease relationship without undue delay, but no later than 30 days after the termination of the sublease relationship. The subleasing party undertakes to ensure that this obligation is also fulfilled by the co-habitants within the same time period.
7.35
If circumstances indicate that there is a risk of damage to the Property and/or the house where the Property is located and that the condition is related to the Property, or a risk of default, the Company and its designees shall have the right to enter or gain access to the Property, both in the presence and without the presence of the subleasing party. In such a case, the subleasing party shall not be entitled to a reduction in the subleasing fee, even if it is inconvenienced thereby.
8.1
The Sublease will terminate no later than the lease (or usufructuary lease). If the lease is to be terminated, the company shall notify the subleasing party of this, including the relevant facts, which include, but are not limited to, the date of termination of the lease (or usufructuary lease), the length of the notice period and the start of the notice period.
8.2
Either of the parties to the Sublease Agreement may withdraw from the Sublease Agreement without stating reasons with a three months' written notice to the other party, starting on the first day of the month following the month in which the termination took place.
8.3
The Company may terminate the Sublease:
a)
immediately, without notice period, in cases where (a) the facts of subparagraph (a), (b), (c) or (d) of Section 2288(1) of the Civil Code are fulfilled, whereby for the purposes of the application of Section 2288(1) of the Civil Code, the subleasing party is considered a tenant while the Company is considered a landlord. (b)The Sublease may also be terminated immediately, i.e. without a notice period, if the subleasing party or the persons sharing the Apartment use the apartment or common areas in the house in violation of the house rules or in such a way that they cause unreasonable nuisance to other neighbours; (c) if the subleasing party makes structural alterations to the apartment without the express written permission of the Company; (d) if the subleasing party is in default in the payment, even in part, of the sublease rent or advance utility payments for a period of at least one month; or (e) if the subleasing party violates any of the obligations set forth in par. 6.1, 6.4, 7.13, 7.14, 7.17 and 7.32 of these GTC.
b)
within one month's notice period, commencing on the first day of the month following the month in which the notice is given, by written notice to the other party, if (a) it would otherwise be entitled to terminate the sublease pursuant to sub-paragraph a) of this paragraph; or (b) if the subleasing party breaches any of the obligations set out in paragraphs 5.5, 7.2, 7.3, 7.6, 7.7, 7.15, 7.17, 7.18, 7.19, 7.20 or repeatedly breaches the obligation set out in paragraph 7.27 of these GTC.
c)
within two-month notice period, starting on the first day of the month following the month in which the notice is given, by written notice to the other party, in the event that it would otherwise be entitled to terminate the sublease under a) or b) of this paragraph of the GTC.
8.4
In the event of termination of the sublease relationship pursuant to paragraph 8.3(a) of these GTC, the subleasing party and all roommates are obliged to vacate and hand over the apartment without undue delay, no later than on the date specified in the notice.
8.5
The subleasing party shall hand over the apartment to the company on the date agreed in the sublease agreement, or on the date resulting from the agreement on termination of the sublease relationship, or on the date resulting from the termination of the sublease relationship, or on the date specified in the notice pursuant to paragraph 7.26 of these GTC. The apartment is handed over if the Company receives the keys and nothing prevents it from accessing and using the apartment without any restrictions.
8.6
The Company shall be entitled to terminate the sublease with a notice period to be determined by the Company, which shall not be less than 14 days, if the sublease party enters into insolvency proceedings after the commencement of this agreement or if its property, even in part, is subject to execution or enforcement proceedings.
8.7
The subleasing party may terminate the sublease for the reason stated in paragraph 11.4 of these GTC.
9.1
If the subleasing party fails to pay any monetary payments to the company according to the sublease agreement, especially the monetary payments according to Article 5.2 of these GTC, from 5 days to 19 days after they are due, it is obliged to pay the company a contractual penalty of CZK 300 per day for each, even if only started day of delay. Starting from the 20th day after the due date of any monetary performance under the sublease agreement, the subleasing party is obliged to pay the Company a contractual penalty of CZK 1,000 per day for each complete or incomplete day of delay.
9.2
If the subleasing party fails to hand over a properly vacated apartment on the day of termination of the sublease in violation of the obligation set forth in paragraphs 7.26, 8.4 or 8.5 of these GTC, the subleasing party is obliged to pay the Company a contractual penalty of CZK 1,000 for each complete or incomplete day of delay.
9.3
If the subleasing party fails to allow the inspection of the apartment as set forth in paragraph 7.13 or 7.14 of these GTC (or any other object of the sublease or other use relationship) in order to check the condition and manner of use, the subletting party undertakes to pay the Company a contractual penalty of CZK 1,500 for each day during which the subleasing party continues to prevent the inspection.
9.4
In the event that the subleasing party fails to provide assistance in terminating or transferring the subscription contracts to another person designated by the Company in violation of the obligation set forth in paragraph 5.9 of these GTC, the subleasing party shall be obliged to pay the Company a contractual penalty of CZK 300 for each complete or incomplete day of delay in fulfilling the above obligation.
9.5
If the subleasing party uses or protects the house in an inappropriate manner in violation of the obligation set forth in paragraph 7.20 of these GTC, the subleasing party must pay the Company a contractual penalty of CZK 500 for each complete or incomplete day until the defective condition is remedied.
9.6
Failure of the subleasing party to notify the Company of a change of their email address and/or telephone number and/or bank account in violation of the obligation set forth in paragraph 1.8 of these GTC, the subleasing party shall be obliged to pay the Company a contractual penalty of CZK 300 for each complete or incomplete day of their failure to notify the Company about the above mentioned infomations.
9.7
Should the subleasing party violate its obligation imposed in paragraph 7.22 of these GTC, i.e. that it leaves the subject of the sublease for a period longer than 14 days and does not provide a person who would allow the company access to the subject of the sublease and does not provide the company with contact details of this person, it undertakes to pay the company a contractual penalty of CZK 5,000.
9.8
In case of the subleasing party’s failure to hand over to the Company the Subject of the Sublease that is clean, tidy, completely vacated and in the condition in which it was taken over, the subleasing party must pay to the Company a contractual penalty of CZK 1,000 for each complete or incomplete day of their failure to do so.
9.9
In the event that the subleasing party violates its obligation imposed in paragraph 7.15 of these GTC, i.e. that it keeps an animal in the subleased object without the Company's consent, or smokes in the subleased object, or removes the marking of the subleased object, or fails to provide a new marking of the subleased object, it undertakes to pay the Company a contractual penalty of CZK 10,000.
9.10
In the event that there are proven complaints about the conduct or actions of the subleasing party by the relevant community of unit owners, the subleasing party undertakes to pay the company a contractual penalty of CZK 2,000 for each individual case where such a complaint occurs.
9.11
The Company and the subleasing party agree that in the event that the parties mutually agree on the date of any intervention in the subject of the sublease, or its visit by the Company, or its designated person, or the handover of the subject of the sublease, and the subleasing party fails to provide access to the Subject of the Sublease at the specified and agreed upon time, the subleasing party undertakes to pay the Company a contractual penalty of CZK 1,500 for each individual case of violation of this obligation.
9.12
The Company and the subleasing party agree that if the subleasing party is obliged to take out insurance on its own account and fails to do so, even despite the Company's request, the subleasing party undertakes to pay the Company a contractual penalty of CZK 10,000.
9.13
In the event that the subleasing party fails to ensure the handing over of the delivered postal items in violation of the obligation set forth in paragraph 7.27 of these GTC, the subleasing party undertakes to pay a contractual penalty of CZK 500 for each, even if only commenced, day of delay in fulfilling this obligation.
9.14
In the event that the subleasing party fails to ensure the inspection and/or operational revision of the gas appliances and/or fails to deliver a copy of the revision or inspection report to the Company within the agreed time limit as set forth in paragraph 7.28 of these GTC, the subleasing party undertakes to pay a contractual penalty of CZK 500 for each complete or incomplete day of such failure.
9.15
If the subleasing party fails to send the subject photo documentation or upload it to the client zone in violation of the obligation set forth in paragraph 7.29 of these GTC, the subleasing party undertakes to pay the company a contractual penalty of CZK 100 for each complete or incomplete day of their failure to do so.
9.16
If the subleasing party fails to inform the Company of the change of the lock and/or fails to provide the Company with the key to the new entrance door insert within the time limit set out in paragraph 7.30 of these GTC, the subleasing party shall be obliged to pay the Company a contractual penalty of CZK 500 for each complete or incomplete day of their failure to do sodelay, even if only for the commenced day, in fulfilling this obligation.
9.17
If the subleasing party provides the apartment for further subleasing without the Company's consent or provides the apartment for short-term subleasing (airbnb, booking.com, etc.) in violation of the prohibition set forth in paragraph 7.32 of these GTC, the subleasing party undertakes to pay a contractual penalty of CZK 20,000 to the Company.
9.18
In the event that the subleasing party breaches the obligation under clause 7.34 of these GTC and it or any of its co-habitants has a registered permanent residence at the address of the sublease property after the expiry of the time limit set out in clause 7.34 of these GTC, the subleasing party shall be obliged to pay the Company a contractual penalty of CZK 300 for each day of delay in fulfilling this obligation.
10.1
Each party to the Sublease Agreement is obliged to notify the other party of its current address for the delivery of correspondence immediately, no later than on the day on which the change of address occurs.
10.2
The Company may also deliver mail to the subleasing party at the address of the subleased Apartment until the subleasing party moves out of the Apartment.
11.1
The Sublease Agreement and these GTC are governed by the laws of the Czech Republic. The rights and obligations associated with the Sublease of the Apartment are governed by applicable laws that include, without limitation, Act No. 89/2012 Coll., the Civil Code.
11.2
The parties to these GTC agree that the date on which any payment under the Sublease Agreement is deemed to have been paid is the date on which the relevant amount is credited to the Lender's account.
11.3
Legal actions in written form may also be performed in electronic form, unless otherwise expressly provided by law or these GTC or the sublease agreement.
11.4
These GTC may be changed unilaterally by the Company at any time by written notice sent to the e-mail address of the subleasing party, with the changed version of the GTC becoming effective on the first day of the month following the month in which the change occurs. The subleasing party is entitled to express their disagreement with changes to the GTC by written or e-mail notification to the Company's address within 14 days from the date of the Company's notification, and in the event that the subleasing party does not express its disagreement, the subleasing party agrees to the change. If the subleasing party does not agree to the changes, it has the right to terminate the Sublease with three months' notice starting on the first day of the month following the month in which the notice was given. In the event of the subleasing party terminating their Sublease under this clause hereof, i.e. in connection with a change in the GTC being updated, it is agreed by the parties that the changed version of the GTC does not affect their contractual relationship and the sublease agreement is governed by the original version of the GTC, i.e. the one with whose change the subleasing party disagreed and whose change resulted in the subleasing party terminating the agreement.
11.5
The right to revoke the power of attorney may only be exercised in writing to the permanent residence of the subleasing party or to the registered office of the Company. The parties further agree on the form of the legal act in the form of a notarial deed. A lesser form of legal act shall not be taken into account.
11.6
If individual provisions of these GTC or the Sublease Agreement prove to be legally ineffective, the validity and effectiveness of the remaining provisions of these GTC or the Sublease Agreement shall not be affected. The legally ineffective provisions shall be replaced by the parties to the sublease agreement without delay by effective provisions which are closest in nature to the economic purpose of the ineffective provisions.
11.7
If a consumer dispute arises between the Company and the subleasing party, who is a consumer, arising from these GTC or the sublease agreement, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority (Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR), Štěpánská 15, 120 00 Praha 2, e-mail: adr@coi.cz, Web: adr.coi.cz.
11.8
All contractual penalties are always due on the last day of the calendar month in which the right to them arose. The contractual penalties under the Sublease Agreement and the GTC are separate claims of the Company, which are in addition to claims for damages and do not affect in any way the Company's claims for damages or injury.
11.9
The contractual parties agree that the subleasing party may be contacted by third parties other than the Company in connection with this agreement and the performance of the related services.
11.10
The Sublease Agreement may be amended, replaced or supplemented only by written amendments agreed and signed by each of the parties. The parties expressly declare that their agreement on the form of amendment of the agreement pursuant to this paragraph may also be amended only in writing, except if the amendment to the Sublease Agreement is sent electronically and signed electronically and/or when the Sublease Agreement is unilaterally amended by the Company provided the Company notifies the subleasing party thereof and provided the Company is allowed to amend the Sublease Agreement under these GTC.
Valid from 1 November 2023.