General Terms and Conditions – DOGSITTING.CZ
English translation for information purposes. In the event of any discrepancy, the Czech version shall prevail (see clause 20.9).
Introductory Provisions
These general terms and conditions (the “GTC”) govern, in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between the provider and the client in the provision of dog care services.
Provider
• Business name: DOGSITTING.CZ • Entrepreneur: Martin Růžička • Company ID (IČO): 05788781 • Place of business: Terronská 873/3, Prague 6 • Telephone: +420 737 154 139 • E-mail: contact@dogsitting.cz • Website: www.dogsitting.cz • Liability insurance: 6681378368, Generali Česká pojišťovna a.s., www.generaliceska.cz (the ## "Provider”)
0.1 ## “Client” means a natural person or legal entity that enters into a service agreement with the Provider (the “Client”). Where the Client is a consumer within the meaning of Section 419 of the Civil Code, the contractual relationship is also governed by Section 1810 et seq. of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended (the “Consumer Protection Act”). 0.2 These GTC form an integral part of every agreement concluded between the Provider and the Client, provided that the agreement refers to them and the Client had the opportunity to review them before the agreement was concluded. Arrangements deviating from the GTC that are agreed between the parties in writing or in electronic form take precedence over the wording of these GTC in accordance with Section 1751(1) of the Civil Code. 0.3 By reserving any services, each Client confirms that he or she has read these GTC and agrees to them.
Article 1 – Definitions and Services
1.1 For the purposes of these GTC, “services” means in particular: • dog sitting, provided as a full-day stay (boarding stay) or as day care (“kindergarten”) on the Provider’s premises; • dog walking; • daily photographs shared online with the Client (WhatsApp, Telegram, Instagram); • professional supervision of the dog for the duration of the service; • regular feeding and unrestricted access to fresh drinking water; • administration of medication following prior consultation with the Client and in accordance with the Client’s written instructions; • any other activities agreed in advance with the dog’s owner. 1.2 Unless provided otherwise below, the provisions of these GTC relating to dogs apply mutatis mutandis to other animals whose care has been expressly agreed with the Provider. 1.3 The parties acknowledge that a living animal is not a thing and that the provisions on things apply to it by analogy to the extent that this is not contrary to its nature (Section 494 of the Civil Code). In providing the services, the Provider also complies with Act No. 246/1992 Coll., on the Protection of Animals against Cruelty, as amended.
Article 2 – Subject Matter of the Agreement and Its Conclusion
2.1 The Provider undertakes to provide the Client with the services to the agreed extent and at the agreed time, and the Client undertakes to pay the Provider the price for the services provided, all under the conditions set out in these GTC. The agreement is an innominate contract within the meaning of Section 1746(2) of the Civil Code; the provisions on the contract of deposit (Section 2402 et seq. of the Civil Code) apply mutatis mutandis to the care of the dog on the Provider’s premises. 2.2 The agreement is concluded at the moment the Client receives the Provider’s confirmation of acceptance of the Client’s reservation, delivered through the official reservation system, by e-mail, or via the WhatsApp or Telegram application. The content of the agreement comprises in particular the type and scope of the service, the place and date of its provision, the price and the data on the dog. 2.3 Where the agreement is concluded with a consumer by means of distance communication, it is an agreement concluded at a distance within the meaning of Section 1820 et seq. of the Civil Code. Before the agreement is concluded, the Provider provides the consumer with the information required by Sections 1811 and 1820 of the Civil Code, in particular by making these GTC available. Within a reasonable time after the conclusion of the agreement, and at the latest before the service begins, the Provider shall send the consumer by e-mail a confirmation of the concluded agreement together with the wording of the GTC and a withdrawal form, in a form that allows them to be stored and repeatedly displayed in unchanged form (Section 1824a(1) and Section 1827(2) of the Civil Code). 2.4 Before the first reservation, the Provider may require an introductory meeting with the Client and the dog in order to assess the dog’s temperament and its suitability for group care. 2.5 In the reservation system, the Client selects the service and date, completes the required data, reviews and, where necessary, corrects them, reads the GTC and confirms agreement with them. Immediately before the reservation is submitted, the main characteristics of the service, the total price including all taxes and fees, and the duration of the commitment are displayed. The Client submits the reservation by means of the button “Order with obligation to pay”. The Provider shall promptly confirm receipt of the reservation electronically; this confirmation does not in itself constitute acceptance of the reservation under clause 2.2, unless acceptance is expressly stated therein. The agreement is concluded in the Czech or English language; the Provider retains it electronically and shall make its wording available to the Client upon request. The costs of distance communication are borne by the Client according to his or her tariff; the Provider charges no special fee.
Article 3 – Conditions for the Provision of Services
3.1 The Provider provides the services in the course of his business activity under the name DOGSITTING.CZ, either personally or through contractual collaborators. The Provider is liable to the Client for their activities as if he had provided the services himself (Section 1935 of the Civil Code). 3.2 The Provider is entitled to refuse to enter into an agreement with any Client or to accept any reservation, even without stating a reason. This right must not be exercised in a discriminatory manner (Section 6 of the Consumer Protection Act). 3.3 The Provider is obliged to notify the Client of the evident unsuitability of the Client’s instructions, in particular where their implementation could endanger the health or well-being of the dog, of other animals or of persons. 3.4 Where the Provider requires information or cooperation from the Client for the proper provision of the services, the Client is obliged to provide it without undue delay. 3.5 The Client is obliged to ensure that the Provider and persons authorised by the Provider have all the conditions necessary for the proper provision of the services, in particular access to the premises in which the service is to be provided (keys, access codes, etc.). 3.6 Where the provision of the services requires the Provider to act legally on behalf of the Client (e.g. in urgent veterinary treatment), the Client shall grant the Provider a power of attorney, either simultaneously with the acceptance of these GTC or subsequently as needed. 3.7 The Provider is entitled to provide services to several Clients at the same time, in particular through group walking or the joint stay of dogs. A Client who does not wish to use group care shall so inform the Provider before the agreement is concluded; in such a case the Provider may charge a surcharge according to individual agreement. 3.8 In providing the services, the Provider complies with the generally binding ordinances of the City of Prague and of the relevant municipalities regulating the movement of dogs in public spaces (in particular the obligation to keep dogs on a leash in designated areas). Article 4 – Client’s Obligations and Health Requirements for the Dog 4.1 The Client declares that he or she is the owner of the dog or a person authorised to make decisions regarding the dog and to enter into this agreement. 4.2 The Client is obliged to ensure that, at the time of the provision of the service, the dog: • is identified by a microchip and validly vaccinated against rabies in accordance with Act No. 166/1999 Coll., on Veterinary Care and on Amendments to Certain Related Acts (the Veterinary Act), as amended; • is validly vaccinated against distemper, parvovirus, infectious hepatitis and leptospirosis and, in the case of group care, is also vaccinated against kennel cough as recommended; • has been treated against external and internal parasites; • does not suffer from a contagious disease. 4.3 The Client is obliged to present the vaccination certificate or the animal’s passport upon the first reservation and to present it at any later time upon request. 4.4 Before the agreement is concluded, the Client is obliged to inform the Provider truthfully and completely of the dog’s state of health, age, medication in use, allergies, diet, estrus in females, tendency to run away, aggression towards people or animals, separation anxiety and all other circumstances that may affect the provision of the service or the safety of the dog, of other animals or of persons. 4.5 The Client is obliged to provide the Provider with the contact details of the treating veterinarian and of a contact person in the event that the Client cannot be reached. 4.6 The Client shall hand over the dog to the Provider with suitable equipment (collar or harness, leash, identification tag, food, medication). The Provider is liable for the loss of or damage to items handed over with the dog only to the extent provided by law. 4.7 Only the Client or a person designated by the Client in advance in writing (including by e-mail or message) is entitled to take the dog back. 4.8 The Provider is entitled to refuse to accept a dog that evidently shows signs of illness, injury or dangerous behaviour, or that does not meet the requirements under clause 4.2. In such a case the Provider is entitled to a cancellation fee under Article 8, provided that the unfulfilled obligation was known to the Client.
Article 5 – Price of Services
5.1 The Client undertakes to pay the Provider a fixed price for the services provided (the “price”) to the extent agreed in the agreement. The prices are stated as final prices within the meaning of Section 12 of the Consumer Protection Act. The Provider is not a value added tax payer. Services:
Home - boarding stay (24 hours) - 1 350 CZK PER NIGHT - provider´s premises
Day care (“kindergarten”) - 950 CZK per day - provider’s premises
Dog walking - 650 CZK per walk (client´s requested address) Transport (outside Prague only) - 300 CZK one way - Location specified by the client
Special requests requiring uninterrupted 24/7 supervision (weddings, hotel sitting, etc.) 3 250 CZK per day
5.2 The Provider may grant discounts on any of the services listed, in particular to long-term Clients or for reservations of stays longer than 20 days. 5.3 A trial day-care session or trial walk is not charged if the Client is not satisfied with the service and notifies the Provider of this no later than 24 hours after its completion. Otherwise, the price under clause 5.1 is charged. 5.4 The price agreed upon confirmation of the reservation is binding for the given reservation and cannot be increased unilaterally by the Provider. The current price list is published on the Provider’s website.
Article 6 – Payment Terms
6.1 The price is payable before the commencement of the agreed service, in cash at the Provider’s place of business or by non-cash payment in one of the following ways:
• PayPal: mruzicka96@gmail.com • Revolut: @dogsittingcz (in particular for payments in other currencies) • bank transfer to the account held with Fio banka, a.s.: 2201181919/2010, IBAN: CZ96 2010 0000 0022 0118 1919, BIC/SWIFT: FIOBCZPPXXX
6.2 New Clients are entitled to pay the price of the first reserved service only after it has been provided, no later than within 3 days. This provision expresses the quality guarantee of DOGSITTING.CZ services. 6.3 In the case of non-cash payment, the price is deemed paid at the moment the amount is credited to the Provider’s account. Fees charged to the Client by his or her bank or payment service provider for transfers from abroad or for currency conversion are borne by the Client. 6.4 Upon the Client’s request, the Provider shall issue a proof of payment of the price in accordance with Section 16 of the Consumer Protection Act. 6.5 Cash payments are subject to the restrictions under Act No. 254/2004 Coll., on the Limitation of Cash Payments, as amended. 6.6 If the Client is in default with payment of the price, the Client is obliged to pay the Provider default interest at the rate set by Government Regulation No. 351/2013 Coll. (Section 1970 of the Civil Code).
Article 7 – Instructions and Communication
7.1 The Client gives the Provider instructions for the provision of the services, and the Provider communicates with the Client (in particular by sending requests for information, notices of unsuitable instructions, reports on the course of the service and photographs) by any of the following means:
• by e-mail at: contact@dogsitting.cz; • by telephone on: +420 737 154 139; • via the WhatsApp application on +420 737 154 139; • via the Telegram application: @dogsittingCZ
7.2 Instructions concerning the dog’s state of health, the administration of medication and persons authorised to take over the dog must be given in text form (e-mail or message) so that they can be evidenced. 7.3 A written notice (in particular a cancellation of a reservation, withdrawal from the agreement or a complaint) is deemed delivered at the moment it reaches the sphere of disposal of the other party through any of the communication channels under clause 7.1 (Section 570 of the Civil Code). The consumer’s statutory right to withdraw from the agreement by any unambiguous statement, and his or her right to lodge a complaint orally, are not affected thereby. Article 8 – Duration of the Agreement and Cancellation Conditions 8.1 Each reservation is concluded for a fixed term agreed in advance by the parties through the Provider’s official reservation system, by e-mail, or via the Telegram or WhatsApp application. 8.2 Either party is entitled to cancel a reservation without any penalty if the notice of cancellation is delivered to the other party no later than 72 hours before the agreed start of the service. 8.3 If the Client cancels a reservation later than 72 hours before the agreed start of the service, the Client is obliged to pay the Provider a cancellation fee of 50% of the agreed price of the cancelled service. The reservation is cancelled upon delivery of the Client’s notice, even where the price has been paid in advance. If the Client does not hand over the dog on the agreed date without prior notice, the Provider may cancel the reservation and claim a contractual penalty of the same amount. The cancellation fee and the contractual penalty reflect the costs of reserving capacity and must not exceed the Provider’s loss after deduction of costs saved and of revenue from re-letting the vacated capacity. These payments are not cumulative for the same event. 8.4 If the Provider cancels a reservation for a reason other than the Client’s breach of obligations, the Provider shall refund the Client the entire price paid and shall make reasonable efforts to arrange replacement care. This does not affect the Client’s right to compensation for damage where the Provider is liable for it under the law. 8.5 Cancellation fees and contractual penalties under these GTC do not apply where the Client exercises a statutory right of withdrawal from the agreement, in particular a consumer under Article 9 or on grounds of defective performance. 8.6 If the Client collects the dog more than 2 hours after the agreed time without prior arrangement, the Provider is entitled to charge the day-care price; if the dog is collected on the following day, the boarding-stay price. The rate of which the Client was informed before the agreement was concluded applies; the day-care and boarding rates are not added together for the same period. 8.7 If the Client does not collect the dog even within 5 days after the agreed end of the service and neither the contact person nor the Client can be reached during that period, the Provider is entitled to arrange, at the Client’s expense, further necessary care for the dog or, in agreement with the operator of a registered shelter, its temporary placement; the Provider may claim only costs that were reasonably incurred and are documented, and shall notify the competent municipal office of this circumstance. The right to payment of the price for the period of care is not affected. Failure to collect the dog does not in itself mean its abandonment or consent to a transfer of ownership. The price of the care itself and the costs of replacement care are not charged concurrently for the same period. 8.8 These GTC apply to all future reserved and concluded services. For each reservation, the wording of the GTC incorporated into the respective agreement in accordance with clauses 20.2 and 20.4 is decisive.
Article 9 – Consumer’s Withdrawal from an Agreement Concluded at a
Distance or Away from Business Premises
9.1 In accordance with Section 1829(1) of the Civil Code, a consumer has the right to withdraw from an agreement concluded at a distance or away from business premises without giving any reason within 14 days of the conclusion of the agreement. In the case of an unsolicited visit by the Provider to the consumer’s home or during an organised sales event in the form of an excursion, this period is 30 days. Where the consumer has not been duly informed of the right of withdrawal, the period is extended under the conditions of Section 1829(4) of the Civil Code. 9.2 Withdrawal may be made by any unambiguous statement addressed to the Provider, in particular by any of the means under Article 7 or by letter to the address of the Provider’s place of business. The consumer may, but need not, use the model withdrawal form under Government Regulation No. 29/2023 Coll., as amended, which is annexed to these GTC. To observe the period, it is sufficient to send the notice of withdrawal before its expiry. 9.3 If the consumer expressly requests that the provision of the service begin within the withdrawal period and subsequently withdraws from the agreement, the consumer shall pay the Provider a proportionate part of the price for the services provided up to the time of withdrawal (Section 1834 of the Civil Code). The service begins before the expiry of this period only upon such an express request; agreement to the GTC does not replace it. In the case of an agreement concluded away from business premises, the request must be made in text form. The consumer does not pay the proportionate part of the price if he or she was not duly informed of the right of withdrawal and of the obligation to pay this part of the price, or did not expressly request an earlier start (Section 1836 of the Civil Code). 9.4 The consumer cannot withdraw from the agreement if the service has been fully provided, with the consumer’s prior express consent, before the expiry of the withdrawal period and the Provider informed the consumer before the conclusion of the agreement that in such a case the right of withdrawal is lost (Section 1837(a) of the Civil Code). 9.5 In the event of the consumer’s withdrawal under this Article, the Provider shall refund to the consumer all funds received (less the amount under clause 9.3) without undue delay and no later than 14 days from the date of withdrawal, using the same means of payment as the consumer used, unless the consumer consents to another method of refund that incurs no additional costs for him or her (Section 1832(1) of the Civil Code). 9.6 In the case of an agreement concluded through an online interface, the consumer may, for as long as the right of withdrawal subsists, also withdraw by means of the “Withdraw from the agreement” button located in the main menu of the official reservation system accessible from www.dogsitting.cz. The button is prominently displayed, easily accessible and continuously available throughout the withdrawal period. The consumer completes or confirms his or her name, the details identifying the agreement and an electronic contact for sending the confirmation, and submits the statement by means of the button “Confirm withdrawal from the agreement”. The Provider shall, without undue delay, send to the electronic contact provided a confirmation of receipt in durable text form, including the content of the statement and the date and time of its submission by the consumer. Other methods of withdrawal remain available. Use of this function is free of charge and requires neither a statement of reasons for withdrawal, nor a signature, nor the creation of a customer account. The validity and effectiveness of the withdrawal are not conditional upon its approval by the Provider or upon delivery of the confirmation of receipt to the consumer.
Article 10 – Refunds
10.1 The Client is entitled to a refund of the price paid, or part thereof, in particular in the following cases: • cancellation of the reservation by the Client no later than 72 hours before the start of the service: 100% of the price paid is refunded; • cancellation of the reservation by the Client later than 72 hours before the start of the service: the price paid is refunded less the cancellation fee under clause 8.3; • cancellation of the reservation by the Provider under clause 8.4, or impossibility of providing the service due to force majeure: 100% of the price for services not provided is refunded; • early termination of the stay by the Client: the price for unused full days is refunded, in full if the termination was notified no later than 72 hours in advance, otherwise at 50%; the limitation of the amount of the cancellation fee under clause 8.3 and the exceptions under clause 8.5 apply mutatis mutandis; • dissatisfaction with a trial service under clause 5.3: 100% of the price paid is refunded; • serious injury to the dog during the service for which the Provider is liable: 100% of the price of the reserved service is refunded (clause 11.2); • an upheld complaint under Article 12: an appropriate discount or the entire price is refunded. 10.2 The Client may submit a request for a refund in text form by any of the means under Article 7, stating the reservation number or the date of the service, the amount requested and the payment details for the refund. Where no separate request is required by law, the refund is not conditional upon its submission; the refund details need not be stated if the Provider already has them. 10.3 The Provider shall refund the Client the amount to which he or she is entitled without undue delay, and no later than 30 days from the date on which the entitlement to a refund arose. An entitlement arising in the handling of a complaint shall be satisfied without undue delay; the statutory period for handling the complaint, including informing the consumer, is not extended thereby. 10.4 In the case of the consumer’s withdrawal from the agreement under Article 9, the statutory period of 14 days under Section 1832(1) of the Civil Code applies in priority. 10.5 The payment is refunded in the same manner in which it was received, unless the parties agree otherwise. The refund must not entail any additional costs for the Client on the part of the Provider. 10.6 If the Provider is in default with a refund, the Client is entitled to default interest at the rate set by Government Regulation No. 351/2013 Coll. 10.7 The Provider is entitled to set off against the Client’s claim for a refund the Provider’s due receivables from the Client that are eligible for set-off under the law (Section 1982 of the Civil Code), in particular the unpaid price or the costs of veterinary care under clause 11.7. Uncertain or indefinite receivables cannot be set off unilaterally (Section 1987(2) of the Civil Code).
Article 11 – Liability for Damage and Veterinary Care
11.1 The Provider is liable to the Client for damage caused to the Client by breach of the obligations laid down in the agreement and in these GTC (Section 2913 of the Civil Code). Other statutory grounds of liability are not affected thereby, in particular Section 2944 in conjunction with Section 494 of the Civil Code in the event of damage to, loss of or death of a dog taken into care. The Provider is insured against liability for damage with [insert insurer and policy number]. The scope of the insurance, its exclusions or any refusal of insurance cover do not limit the Provider’s statutory liability towards the Client. 11.2 In the event of serious injury to the dog during the provision of the service for which the Provider is liable under clause 11.1, the Provider bears full financial responsibility, in particular by paying the reasonably incurred costs of veterinary care, even where these substantially exceed the price of the animal (Section 2970 of the Civil Code), and shall refund the Client the price of the reserved service in full. 11.3 In the event of the dog’s death during the provision of the service, a professional post-mortem examination (necropsy) shall be performed following prior agreement with the Client. Where the Provider is liable for the death under clause 11.1, the Provider is obliged to compensate the Client for the damage incurred. Where the cause of death lay on the Client’s side (in particular concealment of information about the dog’s physical, health or psychological difficulties under clause 4.4), the Client undertakes to pay the reasonably incurred and documented costs of above-standard care and of the post-mortem examination performed, to the extent that he or she caused them by breaching his or her obligations. 11.4 The Provider’s liability for the dog’s health problems is assessed in accordance with the law; this also applies to minor injuries to paws or claws, diarrhoea and digestive problems, diseases that can be prevented by vaccination, injuries caused by separation anxiety or the dog’s bad habits, insect stings, ticks, fleas, coughing, vomiting after eating grass, bad breath, death from old age, and neck injuries caused by pulling on the leash as a result of improper obedience. The above list does not in itself exclude the Provider’s liability. 11.5 Where the Client claims compensation for damage to the dog’s health, the Client shall substantiate the claim with the available documentation, in particular a report from a veterinarian stating the dog’s condition as found and, where it can be determined, its cause. It is recommended that the Client have the dog examined without undue delay, as a rule within 48 hours after the end of the service; a later examination may make it more difficult to prove a causal link with the service. The Provider is entitled to request, at his own expense, an assessment by an independent veterinarian. 11.6 For the period during which the dog is entrusted to the Provider, the Provider is liable towards third parties for damage caused by the dog jointly and severally with its owner (Section 2933 of the Civil Code). Where the damage was caused because the Client concealed or misstated information about the dog’s nature or behaviour, the Client is obliged to reimburse the Provider for what the Provider has performed in his place, only to the extent corresponding to the Client’s share in causing the damage. 11.7 Where the dog’s health or life is at risk and neither the Client nor the contact person can be reached without undue delay, the Provider is entitled to arrange necessary veterinary care for the dog. The costs of this care are borne by the Client, unless they are costs for which the Provider is liable under clause 11.1; the Client shall pay them within 7 days of presentation of the receipt. 11.8 The provisions of this Article neither exclude nor limit the Provider’s liability for damage caused intentionally or by gross negligence, nor for harm to the natural rights of a person, nor the right of the weaker party to compensation for any harm (Section 2898 of the Civil Code).
Article 12 – Complaints
12.1 If a service is not provided properly, the Client is entitled to directly lodge a complaint with the Provider without undue delay after discovering the defect, preferably while the service is still being provided so that the defect can be remedied immediately. 12.2 A complaint may be lodged by any of the means under Article 7 or in person at the Provider’s place of business or at any of the Provider’s establishments where receipt of complaints is possible having regard to the services provided. In the complaint, the Client states the date and type of the service, a description of the defect and the requested method of resolution. 12.3 The Provider shall issue the consumer with a written confirmation of the lodging of the complaint stating the date, the content of the complaint, the requested method of resolution and the consumer’s contact details for notification of its resolution, and, after its resolution, a confirmation of the date and method of resolution or a written statement of reasons for its rejection (Section 19(2) and (5) of the Consumer Protection Act). 12.4 The Provider shall decide on the complaint immediately, and in complex cases within 3 working days. The complaint, including the remedy of the defect, shall be resolved and the consumer informed thereof without undue delay, no later than 30 days from the date it was lodged, unless the Provider agrees a longer period with the consumer (Section 19(3) of the Consumer Protection Act). After this period has expired without result, the consumer may withdraw from the agreement or demand an appropriate discount (Section 19(4) of the Consumer Protection Act). 12.5 Where a complaint is upheld, the Provider shall, at the Client’s choice, provide the service again or properly, grant an appropriate discount on the price, or refund the price in full, in accordance with Article 10. The Client is also entitled to compensation for the costs reasonably incurred in lodging a justified complaint (Section 1924 of the Civil Code). 12.6 Information on the scope, conditions and manner of exercising rights arising from defective performance is provided through this Article in accordance with Section 13 of the Consumer Protection Act.
Article 13 – Personal Data Protection and Photographs
13.1 The Provider, as controller, processes the Client’s personal data (in particular name, contact details, address of the place where the service is provided, payment details and data on access to premises) in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, the “GDPR”) and Act No. 110/2019 Coll., on the Processing of Personal Data. 13.2 Personal data are processed for the purpose of concluding and performing the agreement (Article 6(1)(b) GDPR), compliance with the Provider’s legal obligations, in particular tax and accounting obligations (Article 6(1)(c) GDPR), and protection of the Provider’s legitimate interests, in particular the assertion of legal claims (Article 6(1)(f) GDPR). Personal data are retained for the duration of the contractual relationship and thereafter for the period necessary for compliance with legal obligations and for the duration of limitation periods. 13.3 The Client has the right of access to his or her personal data, and the rights to rectification, erasure, restriction of processing and portability, and the right to object to processing. The Client also has the right to lodge a complaint with the Office for Personal Data Protection (www.uoou.gov.cz). 13.4 The Provider is entitled to share photographs and video recordings of the dog taken during the service on social networks and similar platforms (Instagram, Google Photos, Facebook, WhatsApp, Telegram, X, Flickr, 500px, etc.) and on the Provider’s official website (dogsitting.cz). Only the dog’s name, breed, photographs, the dog’s temperament and the city in which the service was provided are shared; the Client’s personal data are not shared, and the photographs shall not capture the Client or any elements enabling the identification of his or her residence. Where publication would make it possible to identify, directly or indirectly, the Client or another natural person, it is permissible only on the basis of that person’s prior, separate and voluntary consent, which is not a condition for the provision of the service. 13.5 The Client may at any time refuse the sharing of photographs under clause 13.4 by notifying the Provider; in such a case the Provider shall, without undue delay, remove photographs already published from the channels managed by the Provider. Consent to the publication of personal data may be withdrawn at any time in the same manner in which it was given, or by notice to contact@dogsitting.cz; the withdrawal does not affect the lawfulness of processing carried out before its withdrawal. 13.6 The Provider makes full information on the processing of personal data under Articles 13 and 14 GDPR available when the data are collected and on the website www.dogsitting.cz in the section “Personal Data Protection”. The provision of data necessary for the conclusion and performance of the agreement is a contractual requirement; without such data, the agreement cannot be concluded or the service properly provided. Agreement to these GTC is not consent to the processing of personal data for other purposes.
Article 14 – Confidentiality
14.1 The Provider (and his non-commercial contractual partners) undertakes not to disclose to third parties or otherwise use information learned in connection with the provision of services to the Client, in particular personal information contained in the communication between the Provider and the Client (“confidential information”). 14.2 The Provider shall ensure that keys, access cards and codes entrusted by the Client are stored securely, are not labelled with the Client’s address and are returned without undue delay after the end of the contractual relationship. 14.3 Confidential information does not include information that was publicly available at the time it was disclosed or used, or information whose disclosure is required by a legal regulation or a public authority. 14.4 The Client undertakes not to disclose to third parties, in particular to businesses operating in the same or a similar field, individually agreed commercial terms and the Provider’s internal information. This does not affect the Client’s right to share his or her experience of the services and to review them. The obligation does not apply to publicly available data or to disclosures necessary to protect the Client’s rights, in particular to a legal representative, a court, a supervisory authority or an out-of-court dispute resolution body. 14.5 The Client must not, without the consent of the persons concerned or another lawful ground, publish the personal data of the Provider, his collaborators or employees. A breach of this obligation may give rise to the Client’s liability for the harm caused under Section 2894 et seq. of the Civil Code and, in cases provided by law, also to criminal liability.
Article 15 – Client’s Default
15.1 If the Client is in default with payment of the price or part thereof, the Provider is entitled to cancel or refuse the provision of subsequent reserved services; in the case of already confirmed reservations, however, only after the unsuccessful expiry of an additional reasonable period for payment with notice of this consequence, on the basis of a written notice sent by e-mail or through another communication channel under Article 7. The Provider shall settle any unused payment for a cancelled service in accordance with Article 10. 15.2 The Provider’s right to default interest under clause 6.6 and to compensation for damage to the extent provided by Section 1971 of the Civil Code is not affected thereby. Article 16 – Withdrawal from the Agreement 16.1 The Client is entitled to withdraw from the agreement, in particular where: • circumstances of force majeure notified by the Provider last longer than 5 days and the parties do not agree otherwise;
• the Provider has engaged in unlawful conduct in the provision of the reserved services; • the Provider has breached the agreement in a material manner (Section 2002 of the Civil Code); • for any personal reason, provided that the Client does so no later than 72 hours before the start of the reserved service.
16.2 The Provider is entitled to withdraw from the agreement where: • the Client is in default with payment of the price or part thereof for more than 7 days and has not paid even within an additional reasonable period provided with notice of the possibility of withdrawal;
• circumstances of force majeure notified by the Client last longer than 7 days and the parties do not agree otherwise; • the Client has intentionally provided false information about the behaviour or state of health of the dog (or another animal) that is material to the safe provision of the service, or engages in connection with the service in unlawful conduct that materially impairs its safe or proper provision; • the dog’s behaviour during the service seriously endangers the health or life of persons or other animals; in such a case the Client is obliged to collect the dog immediately.
16.3 Withdrawal takes effect upon delivery of the written notice of withdrawal to the other party. The requirement of written form does not apply to a consumer’s statutory withdrawal; to observe the period under Article 9, timely dispatch of the notice is sufficient. 16.4 Withdrawal cancels the agreement with respect to performance that has not yet been provided (Section 2004(3) of the Civil Code). The parties are not obliged to return performance already provided; this does not affect any claim for the surrender of unjust enrichment or claims for refunds under Article 10. This does not apply where the partial performance already provided has no significance for the Client in itself; in such a case the Client may, under the statutory conditions, withdraw also with respect to that performance. 16.5 The consumer’s right of withdrawal from the agreement under Article 9 is not affected by the provisions of this Article.
Article 17 – Force Majeure
17.1 The parties are released from the obligation to compensate damage arising from a breach of contractual obligations for the duration of force majeure, to the extent that an extraordinary, unforeseeable and insurmountable obstacle arising independently of their will prevented them from performing (Section 2913(2) of the Civil Code). A party is not released from the obligation to compensate if the obstacle arose from its personal circumstances, only at the time of its default, or if it was obliged to overcome it. 17.2 Force majeure means in particular a natural disaster, fire, explosion, storm, earthquake, flood, war, strike, an epidemic associated with extraordinary measures of public authorities, or other events beyond the control of both parties which could not have been foreseen at the time the agreement was concluded. 17.3 A party prevented from performing by force majeure shall notify the other party without undue delay. For the duration of force majeure, the performance of obligations is suspended until its consequences have been eliminated. The Provider’s obligation to ensure, within the limits of his possibilities, basic care of a dog entrusted to him continues for the duration of force majeure. This does not affect the Client’s statutory rights to terminate the agreement for default or impossibility of performance, nor the right to a refund of the price for services not provided.
Article 18 – Reviews and Ratings
18.1 The Client is entitled to publish truthful ratings and reviews of the services provided. The Provider does not remove or otherwise suppress truthful reviews and, in accordance with the Consumer Protection Act, informs on his website whether and how he verifies that published reviews originate from Clients who actually used the services. 18.2 Where a review contains a false factual statement that may seriously endanger the safety of the Provider or his collaborators, the Provider is entitled to ask the platform operator to remove it, to publish a response and to seek legal protection under Section 81 et seq. of the Civil Code (protection of personality), or to file a criminal complaint on suspicion of the criminal offence of defamation under Section 184 of Act No. 40/2009 Coll., the Criminal Code, which penalises the communication of false information capable of seriously damaging another person’s reputation among fellow citizens, in particular harming that person in employment, in business, in family relationships or causing other serious harm. 18.3 The Client is entitled to leave a review after the services have been provided on the Google Maps profile or via an individually shared internet link, which is subsequently shared on the website of the Provider, DOGSITTING.CZ. 18.4 The Provider is entitled to remove or report reviews that are false or of spam nature (i.e. reviews written by competitors – conflict of interest, reviews from persons who are not Clients, reviews that are insulting or vulgar), reviews contrary to the GDPR rules, and reviews disclosing personal information of Clients or of the Provider, DOGSITTING.CZ and its partners.
Article 19 – Out-of-Court Dispute Resolution and Governing Law
19.1 The parties shall endeavour to resolve any disputes primarily amicably. 19.2 The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, website: www.coi.cz/adr, is competent for the out-of-court resolution of consumer disputes arising from the agreement, in accordance with Section 20d et seq. of the Consumer Protection Act. The consumer may submit a proposal no later than 1 year from the date on which he or she first asserted with the Provider the right that is the subject of the dispute. 19.3 Supervision of compliance with the Provider’s obligations is exercised by the Czech Trade Inspection Authority in the field of consumer protection, by the competent trade licensing office within the scope of the trade licence, and by the Municipal Veterinary Administration in Prague, or the competent regional veterinary administration, in the field of animal protection and veterinary care. 19.4 These GTC and the contractual relationships arising from them are governed by the legal order of the Czech Republic, in particular the Civil Code and the Consumer Protection Act. Disputes fall within the jurisdiction of the courts determined under the applicable legal regulations; the consumer’s rights arising from the rules on international jurisdiction of courts are preserved. Where the Client is a consumer habitually resident in another EU Member State, the protection afforded to him or her by the mandatory provisions of the law of his or her State of habitual residence is not affected by this arrangement (Article 6 of Regulation (EC) No 593/2008, Rome I).
Article 20 – Final Provisions
20.1 Unless the context clearly indicates otherwise, the singular in these GTC includes the plural and vice versa, and an expression in one gender includes the other genders. Article headings are for orientation only and do not affect the interpretation of the GTC. 20.2 The Provider is entitled to amend these GTC for newly concluded agreements. Agreements already concluded are governed by the wording of the GTC that became part of them upon conclusion; a later amendment of the GTC does not change them without the parties’ agreement. 20.3 These GTC together with the confirmed reservation constitute the entire agreement of the parties on the subject matter of the agreement. This does not affect individually agreed arrangements or pre-contractual information which, under the law, became part of the agreement. 20.4 These GTC are made available to each Client before the binding reservation is submitted so that the Client can read them, store them and display them repeatedly. 20.5 A separate paper agreement or a handwritten signature of the GTC is not necessary where the procedure under Article 2 is followed. Where another form of agreement is used, the making available of the GTC and their acceptance by the Client must likewise be capable of being evidenced. In the case of an agreement concluded away from business premises, the Provider shall hand over the pre-contractual information or confirmation on paper; in another text form only with the consumer’s consent (Section 1828 of the Civil Code). 20.6 Provisions of the GTC that the Client could not reasonably have expected are effective only if the Client expressly accepted them (Section 1753 of the Civil Code). General agreement to the GTC does not replace a separate consent required by law. 20.7 Ignorance or incorrect interpretation of these GTC does not give any party the right to unilaterally change their content in its favour. The GTC are interpreted in accordance with Section 555 et seq. of the Civil Code. In cases of doubt, the interpretation most favourable to the consumer applies (Section 1812(1) of the Civil Code). 20.8 Should any provision of these GTC prove invalid or ineffective, this does not affect the validity of the remaining provisions (Section 576 of the Civil Code). 20.9 These GTC are drawn up in the Czech language; any translation into another language is for information purposes only and, in the event of a discrepancy, the Czech version prevails. 20.10 These GTC take effect on 1 January 2017. Last legal review: 16 June 2026.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement.) To: Martin Růžička, DOGSITTING.CZ, Company ID (IČO) 05788781, Terronská 873/3, Prague 6, e-mail: contact@dogsitting.cz I/We () hereby give notice that I/we () withdraw from the agreement for the provision of the following service: ................................................................................ Date of conclusion of the agreement: .............................................................................. Reservation number or date of the service: ........................................... Name of consumer(s): .................................................... Address of consumer(s): .................................................................... Signature of consumer(s) (only if this form is submitted on paper): ............................................................................................ Date: ........................................................................................................... (*) Delete as appropriate
DOGSITTING.CZ · Martin Růžička · IČO 05788781 · Terronská 3, Praha 6 - Bubeneč