1.1
These Settlement Rules are concluded in accordance with the wording of Act No. 67/2013 Coll., regulating certain matters relating to the provision of services connected with the use of flats and non-residential premises in a building containing flats, as amended (hereinafter referred to as the "Services Act"), and govern matters relating to the provision of services connected with the use of flats and the procedure for determining advance payments for Services, the Cost Allocation, Settlement, and reconciliation of the costs of Services within the sublease relationship.
1.2
The Subletting party declares that it is aware that, in carrying out the Cost Allocation and Settlement, the Company is entirely dependent on the provision of underlying documents for the Cost Allocation and Settlement by third parties. The purpose of these Settlement Rules is to ensure legal certainty between the Parties with respect to the matters set out in Section 1.1 of this Article, in particular because it is beyond the Company's control, within the sublease relationship, to carry out the Settlement within the time limits set out in the Services Act.
1.3
These Settlement Rules do not apply to services which the Subletting party arranges without the involvement of the Company.
1.4
For the purposes of these Settlement Rules:
a) Billing Period means the period for which the Company carries out the Cost Allocation and subsequent Settlement of costs; the Billing Period shall not exceed twelve months, and its commencement shall be determined by the Company;
b) Costs of Services means the price of the Services agreed with the supplier, or the total costs of providing the Services;
c) Cost Allocation means the calculation of the amount of costs for the Services provided in the given Billing Period attributable to the Subletting party, and the method of allocating the Costs of Services;
d) Settlement means the calculation of the actual amount of the Costs of Services and of the advance payments for the individual Services in the given Billing Period;
e) Supplier means the person supplying the individual Services and energy connected with the use of the flat;
f) Remotely Readable Meter means a meter within the meaning of the Act on Metrology which, either by itself or through another already installed device, enables a reading to be taken at a distance of more than 250 meters, with the exception of a meter within the meaning of the Act on Metrology that was installed before 1 January 2022 and is not set up for remote reading at least on a monthly basis.
2.1
The Services shall mean, in particular but not exclusively, the supply of heat and centralized provision of hot water, the supply of water and drainage of waste water, the operation of the lift, the lighting of common areas in the building, the cleaning of common areas in the building, the removal of waste water and cleaning of septic tanks, the enabling of reception of radio and television signal, the operation and cleaning of chimneys, the removal of municipal waste, and the supply of electricity and gas.
2.2
The scope of the Services provided shall be agreed between the Company and the Subletting party in Part C of the Sublease agreement.
3.1
The Company has the right to require the Subletting party to pay advance payments toward the costs of the Services provided in connection with the use of the flat. The amount of the advance payments shall be agreed between the Company and the Subletting party in Part C of the Sublease agreement.
3.2
The Company has the right to change the monthly advance payment during the year to the extent corresponding to a change in the price of a Service or for other legitimate reasons, in particular a change in the scope or quality of a Service, by unilateral notice by e-mail in accordance with Article V, Section 5.6 of the GTC. The changed monthly advance payment shall take effect from the first day of the calendar month following delivery of the notice, in which it is duly justified.
3.3
The amount for Services may be agreed as a flat-rate payment. Where the amount for Services is agreed as a flat rate, the payments for the Services provided shall not be subject to Settlement.
3.4
The Subletting party is obliged to notify the Company without undue delay of the admission of any additional Cohabitant, as well as of any change in the number of persons using or intending to use the flat. If the Subletting party notifies a change in Cohabitants, the Company shall be entitled to unilaterally increase or decrease the amount of the advance payments by way of notice, where there has been a change in the total number of Cohabitants.
4.1
These Settlement Rules set out the method of Cost Allocation for the Services agreed in Part C of the Sublease Agreement, whereby
4.1.1
the Cost Allocation shall be carried out on the basis of the invoiced costs of the point of consumption according to the underlying documents submitted by the Supplier and the measured consumption according to the meters installed in the flat, where such meters are installed; or
4.1.2
where no meters are installed at the point of consumption, the costs shall be allocated according to the invoiced costs of the point of consumption based on the underlying documents submitted by the Supplier and the number of persons living in the flat, the period of use of the flat, and the fittings and equipment of the flat.
4.2
The method of Cost Allocation under sub-paragraphs 4.1.1. and 4.1.2. shall be determined by the Supplier.¨
5.1
Where the building has installed the prescribed meters or devices for allocating the costs of heating and hot water, the costs shall be divided into a basic component and a consumption component. The basic component shall be allocated according to the ratio of the eligible floor area of the flat to the total floor area of all flats and non-residential premises in the building. The consumption component shall be allocated according to the actual readings of the meters, applying the statutory corrections. The resulting differences in costs per 1 m² of floor area may not exceed the limits set by law.
5.2
Where the building does not have installed the prescribed meters or devices for allocating the costs of heating and hot water, the costs shall be allocated on the basis of the method determined by the Supplier and/or on the basis of Decree No. 269/2015 Coll., on the Allocation of Costs of Heating and the Communal Preparation of Hot Water for a Building, as amended (hereinafter referred to as the "Decree"). The basic component shall be allocated according to the ratio of the eligible floor area of the flat to the total floor area of all flats and non-residential premises in the building. The consumption component shall be determined according to the climatic demand of the relevant parts of the Billing Period pursuant to Annex No. 3 of the Decre.
6.1
The Company shall settle with the Subletting party the actual amount of costs and advance payments for the individual Services always for the relevant Billing Period, and shall deliver the Settlement to the Subletting party no later than within 7 months from the end of the Billing Period.
6.2
The manner of sending and delivering the Settlement to the Subletting party is agreed, in accordance with Article I, Section 1.9 of the GTC, to be by e-mail.
6.3
In the Settlement, the Company must state the actual amount of the Costs of Services broken down by the individual Services provided, together with all necessary particulars, including the total amount of the monthly advance payments received for Services, so that the amount of any differences in the Settlement is clear and verifiable in terms of the methods and rules agreed for the Cost Allocation.
6.4
The Company and the Subletting party shall carry out the financial settlement within the period specified in the written Settlement statement, but no later than within 60 days from the date of delivery of the Settlement to the subletting party. Defects in the Settlement shall not affect the due date of any overpayment. The due date of any underpayment shall not be affected by such defects in the Settlement that do not affect the calculated amount of the underpayment.
6.5
The costs of preparing and delivering the Settlement under Section 6.1 of this Article may not be included in the Costs of Services.
7.1
Within 30 days from the delivery of the Settlement, the Subletting party may request the Company in writing to substantiate to the Subletting party the costs of the individual Services, the method of their Cost Allocation, the method of determining the amount of the advance payments for Services, and the preparation of the Settlement pursuant to these Settlement Rules, and to allow the Subletting party to make copies of the underlying documents. The Company shall comply with such request within 30 days from its delivery.
7.2
Any objections to the method and content of the Settlement shall be submitted by the Subletting party to the Company within 30 days from the delivery of the Settlement, or, as the case may be, from the substantiation of the underlying documents pursuant to Section 8.1 of this Article. If the Subletting party does not submit objections within this period, it shall be deemed to agree with the method and content of the Settlement. The Company must deal with objections submitted in due time within 30 days from their submission.
7.3
If the Company or the Subletting party fails to fulfil an obligation set out in these Settlement Rules, in particular if the Subletting party fails to fulfil its obligation to notify a change in the number of persons, or if the Company fails to deliver the Settlement in due time, or fails to fulfil its obligations connected with the Subletting party's right to inspect the underlying documents for the Settlement and its obligations connected with dealing with objections, it shall be obliged to pay a penalty to the other party, unless it would not be fair to require fulfilment of the obligation within the specified period, or the failure to meet the period was caused by the fault of the other party.
7.4
The amount of the contractual penalty shall be CZK 50 for each day of default, including any day that has merely commenced.
8.1
The Cost Allocation and Settlement of the Costs of Services for a Billing Period that commenced before the effective date of these Settlement Rules shall be carried out in accordance with the previous rules of allocation. These Settlement Rules shall first apply to the Cost Allocation and Settlement of the Costs of Services for the Billing Period following the Billing Period in which these Settlement Rules became effective.
8.2
The Subletting party and the Company jointly declare that they have familiarized themselves with the content of the Settlement Rules and that they agree with its content.
8.3
These Settlement Rules are drawn up in both Czech and English. In the event of any discrepancies or inconsistencies between the Czech and English versions of these Settlement Rules, the Czech version shall prevail.
Valid from 1 August 2026.