CONTENTS

II. Personal Data Protection (GDPR)

This privacy statement provides information to help you understand how we collect, use and share your information when you use the GoDrive service. We protect your privacy according to new EU Act 2016/679 from 27th April 2016 (GDPR).

  • Controller and Processor of personal data except debit/credit card data (called C1): DriveSmart, s.r.o., IC 064 265 57, VAT number CZ064 265 57, registered at V mezihoří 2448/4, Praha 8, 180 00; ZenklCB, s.r.o., IC 281 313 39, VAT number CZ281 313 39, registered at Jírovcova 2, České Budějovice, 370 01

  • Controller and Processor of credit/debit card data (called C2): ČSOB, a.s., IC 000 013 50, VAT number CZ000 013 50, registered at Radlická 333/150, Praha 5, 150 57

  • Controller and Processor of personal data for unpaid receivables (called C3): ERECEIVABLES MANAGEMENT s.r.o., IC 02215055, registered at Starochodovská 1360/78, Praha 4, 149 00

  • Subject of data: user of GoDrive service

1. Processing personal data

C1 processes identification data (name, surname, date of birth, ID card/passport number, driving license number), contact data (permanent stay address, e-mail, phone number, Facebook account, Google account), data in CVs of job applicants, order history, invoices and claim information.

C2 processes data in scale and purpose described on its website www.csob.cz; generally it is credit/debit card number, name of trader, place of business, date and total transaction amount.

2. Personal data processing purpose

C1 processes data within these unambiguous purposes:

  • service providing incl. claims: identification and contact data, reservation length and date. Data are processed for the whole period of contractual relationship.

  • assertion of contractual claims after termination of the contract: identification and contact data, reservation length and date, pickup location. Data are collected for 4 years; if trial has started, collection continues the whole trial period.

  • e-mail newsletters: contact data according to Act 480/2004 Sb. Data are processed for indefinite period till the subject sign out the newsletter (sign out possible directly from the e-mail by button clicking.

  • obligation fulfillment in accountancy and taxes: data processing accourding to Accountancy and Tax Law. Data are processed for 5 years from the end of tax period related to GoDrive service use.

C2 purposes are available at www.csob.cz

C3 processes data within this unambiguous purpose:

  • assertion of claims from unpaid receivables: identification and contact data, reservation length and date, pickup location. Data are collected for 4 years; if trial has started, collection continues the whole trial period.

​​​​​3. Personal data protection

C1 processes personal data with proper security protection including modern technical and organizational arrangements in order to protect from unauthorized or illegal processing, from accidental loss, damage or destruction. Subject data are stored in TIER III-certified data center in the Czech Republic, where only authorized C1 emploees may access it (access is logged).

C2 protects data with methods available at www.csob.cz.

4. Automated individual decision-making and profiling

C1 does not use automated individual decision-making or profiling when processing personal data.

C2 actual information available at www.csob.cz.

5. Personal data handover to 3rd parties

C1 do not handover Subject personal data to third perties except public interest (execution, determination or legal right protection in trial or administrative procedure).

C2 possible handover rules available at www.csob.cz.

C3 possible handover rules available at www.epohledavky.cz.

6. Subject rights

Subject may enforce all the individual rights defined by GDPR against C1 through e-mail: info@drivesmart.cz. It is necessary to send every single e-mail for every single individual right whereas the name of the right will be stated in e-mail subject. The e-mail body will then contain proper definition of right execution. If all these conditions are maintained, Subject is contacted back within 5 working days via phone, where C1 validates the e-mail was sent by authorized person. The right is executed according to Law deadline after successful authorization.

Subject may enforce all the individual rights defined by GDPR against C2 and C3 according to rules available at www.csob.cz (C2) and www.epohledavky.cz (C3).

7. Data subject is entitled to request data deletion. This is only possible via GoDrive mobile app in the Registration details - Cancel account section. Data Controller and Processor is not obliged to delete personal data which he is required to keep according to section 2.

III. Conditions in a Nutshell

  • GoDrive service is operated by DriveSmart s.r.o. company.

  • GoDrive carsharing service may be used by anyone who has smartphone (Android or Apple), credit or debit card issued in all countries except US and Africa with enough money that would cover service costs, valid driving license for cars, e-mail, phone number and passport

  • GoDrive service may be used both for private and business purposes. We are VAT payers.

  • GoDrive service operates in Ceske Budejovice in zones, where you have to pick them up and return them back after reservation end. Zone size and location is displayed in mobile app. You can travel with rented car through EU.

  • You have to finish registration process in order to rent our car. Registration is performed exclusively in mobile app. You need e-mail or Facebook account or Google account or Apple ID, driving license, passport and credit or debit card with enough money to use the service. Personal data placed on your card are securely stored in payment gateway of CSOB bank so we cannot access them. When adding card, we need to validate it by charging you for 1 CZK, which we return back immediatelly. You card has to be allowed for internet payments.

  • After making the reservation in mobile app, you can see exact car location 30 minutes before reservation start. You can also unlock the car up to 5 minutes before reservation start through mobile app. You can start with start/stop button placed on the right side of the steering wheel.

  • You have to return the car to any carsharing zone displayed in the app, lock it through mobile app and press Finish reservation button. Reservation will not be finished if the car is outside the zone. You are charged immediatelly after finishing the reservation - it is necessary to have enough money on it to avoid penalty fees. Pricelist is available in Prices section on our web and in the mobile app.

  • Cars are insured in all-risk option with 5.000 CZK customer participation (participation is 20.000 CZK for total damage caused by the driver). We reserve the right to charge you for this amount if any damage is done or you are the guilty party of the of road accident. When you are part of road accident, you are obliged to call the Police. Please inform us immediately when any damage occurs on rented car.

  • If the car is damage at the moment you are not entitled to drive a car according to Czech law, customer participation is 100% of the damage, because the insurance is not valid.

  • When interior is dirty while you drive the car, you have to clean it on your own. When exterior is dirty while driving the car, you do not need to clean the car unless the car would not be legally competent to be operated.

  • You are not allowed to drive or park the car in places where mobile operators signal is not available (garage, atomic shelter etc.)

  • You are not allowed to smoke in the car under penalty.

  • You can find USB slot or mobile phone charging cable in every car.

  • Please call our 24/7 HelpLine if any problem occurs. Phone number available in mobile app.

  • Fuel is included in rental price. If you need to fuel up the car, please use CCS card in those pumps that accept CCS (90% of CZ pumps) - actual list available on web www.ccs.cz or you can ask petrol pump attendant. CCS car is protected by PIN that will be displayed in the app during active reservation period. CCS card not valid in abroad - please pay with your card or cash and send us the receipt - we will send you money back on your bank account. CCS card is placed in glove box.

  • Car may be driven only by user that is registered within our mobile app.

  • All your personal data are protected with the best care according to GDPR EU regulation.

I. GoDrive General Terms and Conditions

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These General Terms and Conditions of Car Rental (hereinafter referred to as the “GTC”) are an integral part of the rental agreement (hereinafter referred to as the “NS”), which is concluded automatically with each vehicle reservation in the GoDrive mobile application pursuant to § 2321 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter "Trademark"), between the company DriveSmart sro, with its registered office in Prague 8, V mezihoří 2448/4, ZIP code 180 00, IČ: 064 265 57, DIČ: CZ06426557 (hereinafter referred to as the “lessor”) and the lessee listed in the NS (hereinafter referred to as the “lessee”). Based on the NS, the lessee leases the vehicle specified in the NS for temporary use.

1.   Registration, reservation and NS  ​

1.1. The reservation of the vehicle is made exclusively through the mobile application GoDrive CZ, and only after the previous completed registration of the lessee at the same place. Completed registration is conditioned by stating the identity of the tenant, including a scan of a valid ID card and driver's license, and at the same time by depositing a valid payment card such as Visa or MasterCard, through which the rental is paid after its termination. When adding a payment card, the amount of CZK 1 is deducted to verify the validity of the card, which is immediately returned. Payment card details are not processed in any way by the Lessor. The data is securely stored at the bank providing the payment gateway: ČSOB, as, IČ: 00001350. If the withdrawal of the amount of CZK 1 cannot be carried out, it is not possible to use the application functions, especially car reservations. If the entire registration is successfully completed, reservations can be made at any time. When booking, a calendar is used that displays the currently available cars for the selected period, including their location and approximate rental price. By pressing the book button, the car is reserved and the NS is automatically closed, which is valid for the entire reservation period. The price for the loan is listed in the price list on the website  www.godrive.cz .

1.2. In the event that the lessee reserves a vehicle with the lessor, but does not pick up the vehicle in accordance with the Reservation or NS, or cancels the reservation later than 60 minutes before the start of the reservation, he is obliged to pay the lessor a contractual penalty of up to CZK 200 depending on the number of reserved hours. The minimum cancellation amount is therefore the current hourly rate for the loan. Cancellation more than one hour before the start of the reservation is free of charge.

1.3. The Lessee is obliged to report and pay for any damage to the vehicle that occurred at any time during the reservation period, in the amount of a co-payment of CZK 5,000. The co-participation increases to CZK 20,000 if it is the total economic damage caused.

1.4. By making a reservation, the tenant agrees to the billing  the fees referred to in points 1.2. and 1.3. to the debit of the payment card stated in the reservation. The Lessee also undertakes to maintain the balance on his account with the payment card in such a way that it is possible to deduct the entire amount actually invoiced for the loan or co-participation. The landlord reserves the right to deduct the deposit from the card at the very beginning of the reservation and during the current reservation. Such a deposit will normally correspond to the amount currently due. Furthermore, for all reservations, the landlord may block an amount of up to CZK 5,000 on the customer's payment card, depending on the length of the reservation, to ensure fulfillment of the obligation to pay for the services used. The block is canceled immediately after the end of the reservation, or the actual price of the ride is deducted from the blocked amount and the rest is refunded. The length of the actual cancellation of the block and the release of blocked funds from the moment of unblocking by the landlord depends on the institution that issued your payment card - usually 3-5 working days. Please check with your credit card issuer for the exact length. If the Lessee does not have sufficient funds on the registered payment card at the end of the reservation, when the amount is to be deducted, he agrees that the Lessor will attempt a subsequent withdrawal for another 14 days. For each day when the payment is thus in arrears, the Lessee undertakes to pay a contractual penalty in the amount of 1.0% of the amount due per day, which will be added to the amount deducted.

1.5. NS is closed for a definite period of time, at the time of booking, when it is necessary to fill in the exact date and time of the start and end of the booking. If the reservation time is longer than 60 minutes, the Tenant will be charged the last hour of the reservation according to its actual use, in such a way that only the used minutes from the last hour will be counted. After completing the NS, the lessee is obliged to park the vehicle in the zone in which he picked it up. Until the end of the reservation of the vehicle, the lessee is responsible for any damage to the vehicle to the extent of the co-participation.

1.6. The agreed rental period can be extended via the GoDrive CZ mobile application, up to a maximum of 30 minutes before the next reservation is made for the given vehicle. If the reservation is not extended, the return of the vehicle by the lessee later than the time agreed in the reservation is considered a material violation. In the event of the Lessee's delay in returning the vehicle to the Lessor, the Lessee is obliged to pay the Lessor rent based on the hourly rate determined for the specific vehicle until the date of returning the vehicle, and is obliged to pay the Lessor a contractual penalty of CZK 5,000.  

1.7. The Lessee loses the right to limit his liability from the agreed conditions and the scope of insurance (co-participation) on the day when, according to the reservation, he had to return the vehicle to the Lessor. In the event of loss, destruction or theft of the vehicle, the lessee is obliged to pay rent based on the hourly rate determined for a specific vehicle, incl. all other fees, until the time of reporting the loss, destruction or theft of the vehicle to the lessor, respectively. until the date of delivery of the Police resolution, in which the theft of the object of lease or deferral will be stated  cases on the grounds that it is not possible to prosecute a specific person.

2.   Takeover of the vehicle       

Acceptance of the vehicle takes place without the participation of the Lessor, and is possible at any time during the reservation time and also 5 minutes before its start. The vehicle is always parked in a specific zone, which is already known at the time of booking the vehicle, and the exact position of the vehicle is available to the Lessee via the GoDrive CZ mobile application before booking. Unlocking and locking the rented car is possible through the mobile application GoDrive CZ by pressing the Unlock / Lock button - it is therefore necessary that the Lessee has the application available on his smartphone, which should be sufficiently charged. The Lessor is obliged to hand over the vehicle to the Lessee in good technical condition, with all documents, if necessary for its operation, at the time and zone specified in the Reservation. The vehicles are non-smoking, the pollution of vehicles with smoke is charged at CZK 5,000, which corresponds to a comprehensive steam cleaning of the car's interior. All possible damage (defects, deficiencies, scratches, etc.) of the vehicle, or other comments must be made by the lessee at the latest when taking over the vehicle via the GoDrive CZ mobile application and / or by calling the hotline specified in the mobile application. The Lessee is obliged to confirm the receipt of the vehicle by first pressing the Unlock button in the GoDrive CZ mobile application at the time of booking or 5 minutes before its start, and if the application is asked to check the car for damage, also perform this check. The lessee is responsible for any damage to the vehicle that will not be listed in the GoDrive CZ application. The Lessor is entitled to claim damages for all such damage to the vehicle with a specified co-participation.

3. Rents and fees

3.1. The Lessee undertakes to pay the rent and all other fees associated with the use of the vehicle, including compensation for any damage, properly and on time. In the case of a lease agreed for a period longer than 1 week, specific rental price conditions may be agreed.

3.2. Once the reservation is completed, the actual amount for the entire rental will be deducted. If the total amount cannot be deducted, the Landlord will repeatedly attempt to deduct it, for a period of 2 weeks. Interest on arrears for outstanding receivables is agreed at 12% pm If the amount cannot be deducted even after a period of 14 days, the lessor will immediately proceed to hand over the outstanding receivable to the contractual agency. Other proceedings are governed by the provisions of the New Civil Code.

3.3. The amount of rent includes rent for the vehicle, estimated administrative costs, theft or damage to the vehicle and fuel costs. The rent does not include the co-payment, which may be added to it in case of damage or theft of the vehicle. The rent itself is calculated as an hourly rate for renting a car plus mileage, or at a fixed rate, if the user chooses one of the advantageous packages, the fuel consumed is included in the price.

3.4. By accepting NS, the tenant agrees to charge the rent incl. prices of insurance coverage, compensation for any damage to the vehicle, co-participation for damage to the vehicle or any other fees associated with renting the vehicle, towing, fines and parking to the debit of the payment / credit card specified in the user registration, without prior notice. In the case of the so-called Invitation to the vehicle operator for alleged offense, the Lessee shall inform the competent authority of the identity of the driver who rented the car in question at the time of recording the alleged offense (recording may be after termination of the lease, for example when parking the vehicle outside the traffic rules).

4. Conditions of use of the vehicle

4.1. The vehicle may only be used and driven by the person specified in the registration. If the vehicle is to be driven by another person, a new registration and reservation must be made directly in the name of the person who will use and drive the vehicle. The Lessee is obliged to use the vehicle exclusively for the purpose of its use on the road, for personal purposes and to comply with all traffic, customs and other legal regulations, as well as all instructions given in the vehicle manufacturer's manual.  

4.2. If it is an alternative propulsion vehicle (eg LPG or electricity), the lessee confirms by creating a reservation that he has acquainted in detail with the operating conditions and operation of such a vehicle, with the operation of pumping equipment, respectively. with recharging, and with instructions for parking / parking such a vehicle.  

4.3. Due to the fact that the possibility of unlocking or locking the vehicle is directly dependent on the signal of mobile network operators, it is not allowed to park the car in places where there is no such signal (atomic shelters, underground garages, shaded places, etc.). If such a situation occurs, the lessee is obliged to contact the GoDrive helpline immediately, and acknowledges that a one-time fee of CZK 3,000 will be charged for the departure leading to the commissioning of the car.

4.4. The Lessee is obliged to ensure that the vehicle is not damaged and to follow all instructions on vehicle operation given in the vehicle manufacturer's manual, as well as the lessor's conditions and instructions, otherwise he is liable for any damage caused by non-compliance with any instruction, condition or instruction. The Lessee is obliged to secure the vehicle against theft, misuse or damage, primarily by locking it through a mobile application. The Lessee is obliged to immediately inform the Lessor about the need for regular service inspections, if this fact occurs during the reservation period and is displayed on the display of the car's on-board computer.  

4.5. The Lessee may not leave the use of the vehicle other than that specified in the registration to the person, participate in the race, competitions or similar events, use the vehicle to transport people or property for a fee, use the vehicle to push or tow cars, trailers or other objects, perform any changes and modifications without the prior written consent of the landlord, not even at his own expense. In the event of a breach of this obligation, the lessor is entitled to require the lessee to remove the modifications and changes made without undue delay. If it is not possible to remove the modifications or changes made, the lessee is obliged to compensate the lessor for the damage caused and the costs incurred by the lessor to restore the vehicle to its original condition. The Lessee is no longer entitled to use the vehicle for travel to countries outside Europe. In the case of using the vehicle for trips to non-European countries, the lessee is obliged to pay the lessor a contractual penalty of CZK 20,000 for each individual violation.  

4.6. The lessee may not drive the vehicle after consuming alcohol, narcotics, drugs or other substances that may affect the perception and ability to react, or leave the vehicle to such a person to drive. The lessee may not use the car radio installed in the vehicle to listen to radio stations, the lessee is entitled to use it only to listen to the audio recording from his own data carrier.

4.7. The lessor is entitled to request access to the vehicle in order to check whether the lessee is using it properly. The Lessee is obliged to allow this inspection to the Lessor.  

4.8. Violation of any of the obligations set out in Chapter 4 is considered a material breach of NS and in such a case the lessee is liable for the vehicle and all damage caused in full, regardless of the agreed amount of co-insurance and at the same time the lessee is obliged to pay a contractual penalty of 5,000. CZK.

4.9. In the event that the lessee will use the vehicle abroad, he is obliged, at his own expense and risk, to obtain the appropriate permits to use the vehicle abroad and to comply with the applicable legislation of the country in which the vehicle is used. The Lessee is also liable to the Lessor for damage caused by non-compliance or breach of this obligation, and in the event that the vehicle is detained or confiscated abroad by the Lessee, he is obliged to take all necessary measures to release the vehicle and pay the agreed rent properly at all times. In this case, the rental period does not end before the vehicle is returned to the lessor. The Lessee is obliged to pay damages and costs incurred by the Lessor in connection with the detention or seizure of the vehicle, as well as towing and parking abroad and its return to the Czech Republic.  

4.10. If any damage occurs to the leased object, which means in particular, but not exclusively, destruction, loss or damage to the leased object or its accessories, and if this is not covered by the agreed insurance coverage, the lessee is obliged to compensate the lessor in full, unless he proves that the damage to the leased object was caused by the lessor's actions. If the lessee does not prove that the damage was caused by the lessor's actions, he is liable for the damage objectively, ie. regardless of his degree of fault. If the damage caused to the subject of the lease exceeds the amount of CZK 100,000, the lessee is obliged to pay the landlord a flat-rate compensation for a reduction in the value of the vehicle of 20% of the repair price, in case of destruction 20% of the wreck price.

4.11. The Lessee is obliged to refuel with fuel as soon as possible, as soon as the refueling warning light comes on. To do this, he will only use a refueling card, which is used to pay for fuel, which is located in the vehicle in the passenger compartment. The refueling card is protected by a PIN code, the tenant acknowledges that the PIN can be found out at any time during the reservation through the mobile application in the Reservation section. A list of current filling stations where the refueling card is accepted is available on the website  www.ccs.cz. The Lessee is not entitled to pump fuel other than into the vehicle in question. Refueling with a refueling card is only possible on the territory of the Czech and Slovak Republics, outside which the lessee is obliged to pay for fuel from his own funds. This amount will be deducted from the total amount of rent within 5 working days after the end of the reservation and sending the receipt by e-mail to  podpora@godrive.cz . In the event of loss or theft of the refueling card, the lessee is obliged to notify the GoDrive helpline immediately. Until the moment of notification and blocking according to the rules of the card issuer, the lessee is responsible for all transactions made with this card and at the same time will be obliged to pay the lessor a fee for ensuring its blocking. The same procedure will be followed if the lessee does not return the card together with the vehicle (ie blocking, fee and responsibility for all transactions until the moment of securing the blocking of the refueling card).  

5. Return the vehicle

5.1. The Lessee is obliged to return to the Lessor the vehicle with all accessories and documents, especially with mandatory equipment, covers, cable and charger (for electric vehicle ), at the time specified in the reservation, in the condition in which it was taken over, taking into account normal wear and tear. The vehicle cannot be returned, resp. the reservation cannot be terminated if the vehicle is outside the zone. If the lessee pollutes the interior of the vehicle, he is obliged to clean it at his own expense. If the lessee pollutes the exterior of the vehicle only to the extent that the vehicle is still fit for operation (ie the front and rear number plates are legible, the headlights are clean, the windows are clean, the vehicle does not fall off or there is no risk of dirt falling off), he is not obliged to wash the vehicle exterior. In the event that the vehicle is not suitable for further operation (heavy exterior pollution), it is obliged to clean it at its own expense.

5.2. If all accessories are not returned together with the vehicle, the lessor is entitled to demand monetary compensation from the lessee  corresponding to the price of the acquisition of new accessories and at the same time also a contractual penalty in the amount of CZK 1,000 for each individual violation of Chapter 5.  

5.3. The vehicle is considered to be properly returned as soon as it is locked through the mobile application and at the same time the End reservation button is pressed.

5.4. Before completing the reservation, the lessee is obliged to check the vehicle and report any damage, via a mobile application, which lists telephone and e-mail contacts to support the service.

5.5. The Lessee acknowledges that he is fully responsible for the unreported damage to the vehicle and that he will be charged the relevant amount according to the budget set by a forensic expert in the field of auto-moto.

5.6. A fee in the amount of lost earnings, up to a maximum of CZK 1,000, may be charged for an unfinished or non-extended reservation in the event of a repeated breach. If the vehicle is not properly locked after booking,  a fee of up to CZK 1,000 may also be charged.

6. Complaints

Complaints about invoiced amounts are possible by e-mail at  reklamace@drivesmart.cz . The Lessee is obliged to substantiate the complaint with documents that will be compared against secure database mileage records, which are automatically available for each vehicle for a period of 4 years.

7. Specifics when renting electric cars

7.1 If the car is at a critical level, which is 20 km, the lessee is obliged to park the car at the address of the GoDrive - Jírovcova 2, České Budějovice, where it will be recharged immediately. The tenant will be asked to park through a message directly in the mobile application.

7.2 The car can be recharged free of charge at all E.ON charging stations, of which there are currently the most in the České Budějovice region. If the tenant needs to recharge the vehicle elsewhere, the cost of recharging is behind him.

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These conditions are valid from 29.03.2022 ​​​​

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