1. The present Business Terms and Conditions for Employers govern legal issues between the Provider and the Employer arising under the Master Agreement on Provision of Meals and Benefits (hereinafter referred to as the "Agreement").
2. Terms starting with a capital letter used in these Business Terms and Conditions have the meaning laid down in the main part of the Agreement, unless expressly stipulated otherwise in these Business Terms and Conditions or unless it indubitably follows otherwise from the context.
3. Restaurant Vouchers allow the holders thereof to obtain Meals at a price corresponding to the nominal value of Restaurant Vouchers, at any time while Restaurant Vouchers remain valid. The validity term is shown on the applicable Restaurant Voucher Card (in the case of Restaurant Vouchers in paper form, on the Restaurant Voucher itself). Benefits authorize the holders thereof to obtain Products (see the definition of this term hereinafter) for a price equal to their value expressed in points. Benefits may be used at any time during the term of the Agreement, using a valid Restaurant Voucher Card or another card designated for this purpose.
4. The Provider issues Restaurant Vouchers in paper form (hereinafter referred to as "paper Restaurant Vouchers") or in electronic form (hereinafter referred to as "electronic Restaurant Vouchers"). Restaurant Vouchers may be issued in various types. The individual types of Restaurant Vouchers may carry, permanently or temporarily, various benefits for Employees or services provided by Meal providers or other entities. The Provider shall use a suitable method to inform the Employer of provided benefits, and may provide detailed information on Restaurant Vouchers online at www.nasestravenka.cz. Every order for paper Restaurant Vouchers (and a subcontract entered into on the basis thereof) is juridical act separate from an order (and a subcontract pertaining to) electronic Restaurant Vouchers, including cases where paper Restaurant Vouchers and electronic Restaurant Vouchers are ordered together by way of completing a single electronic form.
Benefits allow obtaining employee benefits (products and services) in such areas as sports, entertainment, recreation, education, healthcare, and literature provided at the Provider's acceptance points. The Provider uses an appropriate method to inform the Employer of provided benefits, and may provide detailed information on Benefits online at https://www.benefity.cz.
5. Based on an Agreement entered into therebetween, the subject matter whereof is the provision of Restaurant Vouchers, the Provider shall open an electronic user account for the Employer in the Naše stravenka software application (hereinafter referred to as the "User Account S"). The account will allow the Employer to communicate with the Provider. Information necessary and the terms and conditions for using User Account S are available at www.nasestravenka.cz.
Based on the Agreement, the subject matter of which is the provision of Benefits, the Provider will open for the Employer an electronic user account in the Benefity software application (hereinafter referred to as "User Account B"), which is operated in the framework of the Cafeteria System that allows the Employer to communicate with the Provider. Information necessary for using User Account B and the applicable terms and conditions can be found at https://www.benefity.cz.
User Account S and User Account B shall be hereinafter referred to jointly as the "User Accounts".
6. Access to the User Accounts shall be provided to the contact person (acting as the administrator) specified in Enclosure 2 to the Agreement (hereinafter referred to as the "Contact Person"). The Employer hereby agrees for the Contact Person to be vested with the right to grant access rights to other natural persons (hereinafter referred to as "Users"), to revoke such rights, and to modify such rights if doing so is technically feasible. The Contact Person and other Users are authorized (each independently) to act on behalf of the Employer in regard to all matters pertaining to the Agreement, with the exception of amendments to the Agreement. The Employer shall ensure that every such authorized representative is acquainted with the terms and conditions pertaining to Restaurant Vouchers and Benefits.
7. The Provider will assign to the Contact Person as well as to every User unique identification data by e-mail (hereinafter referred to as "Security Data") to provide access to the User Account (or to multiple User Accounts). The Provider will inform the User by e-mail of the options for setting the initial password. Regardless of specific Security Data for every User Account, the Provider shall allow the Contact Person and Users to sign into both User Accounts using a uniform method. The Employer must ensure that the Contact Person and Users protect their Security Data, including, without limitation, preventing the theft or misuse thereof by unauthorized persons and securing the devices they use to obtain User Account services (such as a computer) against potential misuse. The Employer, the Contact Person, or a User must without delay report to the Provider any loss, theft, fraudulent use, unauthorized use, or suspected fraudulent or unauthorized use of Security Data or security means. By entering into the Agreement, the Employer agrees information that is made available to the Contact Person or to Users through User Accounts to be under the Employer's control; such information is therefore deemed delivered to the Employer.
8. User Accounts are usually accessible on a 24/7 basis, unless availability is prevented by serious reasons. Where applicable, the Provider will inform the Employer of a planned interruption in the availability of User Accounts in advance using a suitable method. In substantiated cases, the Provider may suspend services provided through User Accounts for a necessary time without prior notice.
9. The Provider shall secure (user) technical support by telephone and e-mail for User Accounts and, to a necessary extent, also for the use of Restaurant Vouchers, Benefits, and Restaurant Voucher Cards.
(a) For the purposes of Restaurant Vouchers, the Provider communicates via the e-mail address info@nasestravenka.cz, provides customer support by telephone at +420 840 236 236, and provides Bank Help Desk services for blocking Restaurant Voucher Cards by telephone at +420 499 900 202;
(b) For the purposes of Benefits, the Provider uses the e-mail address benefity@benefity.cz and the HELP LINE customer service line (+420 840 236 236).
10. The Employer may report a change of the Contact Person by submitting the applicable filled out form, which is available after signing into User Account S at www.nasestravenka.cz or into User Account B at https://www.benefity.cz, to the e-mail address spo@benefity.cz. The Provider may require the submission of documents demonstrating the authorization of persons requesting a change of the Contact Person. The Provider will carry out such a change within five working days after receiving a notice to that effect and, where applicable, requested documents. New Security Data will be sent to the Employer's new contact e-mail within the foregoing time limit.
11. The Employer's right to use User Account S will expire two months after the termination of the commitments undertaken under the Agreement. The Employer's right to use User Account B will expire upon the termination of the Agreement.
(Article II. applies only if the Employer orders paper Restaurant Vouchers.)
1. Paper Restaurant Vouchers are issued in a variety of nominal values, determined by the Provider. The nominal value and validity period are indicated on every paper Restaurant Voucher.
2. The Provider supplies paper Restaurant Vouchers to the Employer based on orders thereby placed by filling out a standardized form via User Account S, where Restaurant Vouchers are ordered using this method regardless of whether an order concerns paper or electronic Restaurant Vouchers (hereinafter referred to as "Order"). The Provider shall be under no obligation to accept Orders placed in a different manner. In placing an Order, the Employer must provide the information and make the selections required in the applicable form. In particular, the Employer must select the delivery method and, where applicable, an alternative design of paper Restaurant Vouchers (and approve the applicable handling fee). Depending on the size of an Order or the delivery method and an alternative design of paper Restaurant Vouchers, the Company may request, as part of placing an Order, the appointment of a natural person authorized to carry out the physical acceptance of paper Restaurant Vouchers on behalf of the Employer as per the applicable Order, including the specification of such a person's identification data (hereinafter referred to as the "Employer's Authorized Representative").
3. Upon the confirmation of an Order by the Provider, the Employer becomes subject to the duty to remit Payment S for ordered paper Restaurant Vouchers, and the Provider becomes subject to the duty to deliver ordered paper Restaurant Vouchers after the relevant Payment S is credited to the Provider's account. An Order shall be confirmed through User Account S. An invoice for Payments S for ordered paper Restaurant Vouchers shall be delivered by the Provider to the Employer within two working days after the delivery of an Order, by sending an electronic mail to the address specified in User Account S. Payment S made based on an invoice shall be remitted to the Provider's account specified on the invoice on the business day most closely following the day of delivery. In remitting a Payment, the Employer must specify a variable symbol matching the applicable invoice. In the event that a payment is not credited to the Provider's account by the end of the 20th day following the due date, the Order and the subcontract entered into on the basis thereof shall expire on the 21st day after the due date (condition subsequent) in the case of Orders for paper Restaurant Vouchers; if an Order includes both paper and electronic Restaurant Vouchers, the condition subsequent does not apply to the part of the Order pertaining to electronic Restaurant Vouchers. If the condition subsequent is fulfilled, the Provider shall send the Employer a corresponding credit note.
4. The Employer may request the cancellation of an Order (cancellation) solely via User Account S. The Employer may cancel an Order unilaterally only if the applicable Payment S has not yet been remitted. In other cases, an Order may be cancelled solely with the Provider's consent.
5. The Provider shall hand over paper Restaurant Vouchers to a carrier for delivery to the Employer
(a) within five working days after the day on which the account specified by the Provider is credited with the sum of the invoiced Payment S, including the specification of the correct variable symbol. If Payment S is credited without the correct variable symbol or the amount credited to the applicable Account S does not match the invoiced sum for paper Restaurant Vouchers, the Provider shall be under no obligation to deliver Restaurant Vouchers;
(b) to the place of delivery, i.e. the address of the Employer's registered office or to another address specified by the Employer in the Order, by a postal license holder, a courier, or a carrier of valuables, as per the delivery method selected in the Order. The Employer acknowledges and agrees that the place of delivery must meet the carrier's reasonable security requirements for handling valuables, where a security assessment of the place of delivery is usually carried out by the carrier before making the first delivery. The specific options and conditions for the delivery of paper Restaurant Vouchers are always specified in the standardized Order form.
6. The Employer must provide the carrier with any and all assistance necessary for making a delivery, and must duly accept paper Restaurant Vouchers, unless Restaurant Vouchers exhibit Defects (as defined hereinafter). If paper Restaurant Vouchers are delivered by courier or a carrier of valuables, the Employer must comply with requirements including, without limitation:
(a) ensuring the presence of the Employer's Authorized Representative at the place to which paper Restaurant Vouchers are delivered;
(b) demonstrating the identity of the Employer's Authorized Representative at the request of the carrier delivering paper Restaurant Vouchers; and
(c) ensuring the confirmation to the carrier by the Employer's Authorized Representative (on a delivery note or another document) of his/her identification data and of the physical receipt of Restaurant Vouchers.
In case that the Employer violates any of the aforestated duties as a result of which the delivery of paper Restaurant Vouchers is not completed, the Provider shall not be deemed in default on the delivery of paper Restaurant Vouchers; the same shall apply in case that the carrier is unable to deliver paper Restaurant Vouchers to the Employer due to the fact that the place of delivery does not meet the carrier's reasonable security requirements for handling valuables. The Provider shall inform the Employer of a failure to deliver paper Restaurant Vouchers due to a fault on the Employer's part, together with stating options and conditions for a substitute delivery; however, a substitute delivery shall be subject to the due payment (crediting the Provider's account with the applicable sum) of a new handling fee and value added tax at the statutory rate in effect and force (hereinafter referred to as "VAT"), referenced by the variable symbol stated in the Provider's substitute delivery notice. The ownership of Restaurant Vouchers and the risk of damage thereto passes onto the Employer upon the acceptance of the Restaurant Vouchers.
7. Upon the delivery of paper Restaurant Vouchers, the Employer must carry out a thorough inspection to detect any damage, defects, or discrepancies, including, without limitation, discrepancy between the quantity and value of Restaurant Vouchers that are to be delivered based on the Agreement (such defective supply is hereinafter referred to as "Defects").
8. In case that paper Restaurant Vouchers exhibit Defects, the Employer must immediately (i.e. by the end of the day on which the Employer takes delivery of such paper Restaurant Vouchers) report the Defects to the Provider via User Account S and return the paper Restaurant Vouchers to the Provider if they are damaged. If the Employer fails to do so, the Employer's right to claim rights relating to Defects shall expire. Defects claimed at a later time shall be disregarded. The Employer is liable for the risk of loss or damage to Restaurant Vouchers returned to the Provider until the acceptance thereof by the Provider.
(Article III. applies only if the Employer orders electronic Restaurant Vouchers.)
1. Electronic Restaurant Vouchers represent points, each having a nominal value of CZK 1, credited to Restaurant Voucher Cards; electronic Restaurant Vouchers are not electronic currency and the issue thereof is not a payment service within the meaning of the applicable laws and regulations pertaining to payment transactions. The Restaurant Voucher Card is a non-transferable card with both contact and contactless chips issued by Československá obchodní banka, a.s., a company with registered office at Radlická 333/150, 150 57 Prague 5, Business ID: 00001350 (hereinafter referred to as the "Bank"), based on a license from MasterCard, with an assigned personal identification number (PIN). The Restaurant Voucher Card allows making payments for the price of Meals, in part or in full, by means of electronic Restaurant Vouchers via domestic payment transactions in the Czech Republic.
2. The conditions for using the Restaurant Voucher Card are subject to the present Business Terms and Conditions as well as the Terms and Conditions for the Use of Naše stravenka Restaurant Voucher Cards (hereinafter referred to as "Card Use Conditions"), which are available at www.nasestravenka.cz. In the event of discrepancy between these Business Terms and Conditions and the Terms and Conditions for the Use of Naše stravenka Restaurant Voucher Cards, the Terms and Conditions for the Use of Naše stravenka Restaurant Voucher Cards shall have priority. The use of the Restaurant Voucher Card (and Restaurant Vouchers credited to the card) is conditional on the activation thereof by an Eligible Employee in accordance with the Card Use Conditions and the procedure described on the website at www.nasestravenka.cz; the activation of a Restaurant Voucher Card includes opening a User Account for the Eligible Employee at www.nasestravenka.cz (hereinafter referred to as "Employee User Account S"), unless the Eligible Employee already has User Account S or an Employee User Account S. Neither the Provider nor the Bank bear any liability whatsoever to the Employer or to an Eligible Employee in the event a Restaurant Voucher Card is not activated due to an error or a failure to act on the part of the Employer or an Eligible Employee, including cases where electronic Restaurant Vouchers have already been credited to the card. In particular, the Provider shall be under no obligation to reimburse such Restaurant Vouchers or credit to a different Restaurant Voucher Card. Restaurant Voucher Cards remain the property of the Bank throughout their period of validity; a Restaurant Voucher Card becomes the property of the Eligible Employee upon the expiration or cancellation thereof. The Employer is liable for complying with the Card Use Conditions by Eligible Employees. The Employer bears the risk of loss, misuse, damage, and destruction of Restaurant Voucher Cards and thereto related costs, including cases of force majeure. To renew a Restaurant Voucher Card, the Employer selects the applicable option in the form accessible via the User Account.
3. The Provider supplies the Employer with Restaurant Voucher Cards for the Employer's individual employees based on Orders (subcontracts) thereby placed by filling out a standardized form available via User Account S (hereinafter also referred to as "Order of Restaurant Voucher Cards"). Furthermore, Orders for Restaurant Voucher Cards shall be subject to, on a mutatis mutandis basis, Articles II., 2 (including the appointment of the Employer's Authorized Representative responsible for accepting Restaurant Voucher Cards), Articles II., 3 (except the provisions pertaining to the condition subsequent) and Articles II., 4 of the present Business Terms and Conditions laying down the procedure for ordering paper Restaurant Vouchers, where the provisions pertaining to the calculation of the handling fee also apply to the fee for issuing Restaurant Voucher Cards and other fees related to the delivery of Restaurant Voucher Cards insofar as such fees are agreed to by the Parties (such as a fee for the Employer's request to imprint its logo on Restaurant Voucher Cards). The list of fees can be accessed via the Employer's User Account S.
4. The Provider shall arrange the delivery of Restaurant Voucher Cards to the Employer through the Bank or an assigned carrier. Restaurant Voucher Cards must be handed over to a carrier for delivery to the Employer without unnecessary delay after all of the fees applicable to the delivery of Restaurant Voucher Cards are credited to the Provider's account. The Provider shall inform the Employer via User Account S of the specific date on which Restaurant Voucher Cards are sent. The Employer acknowledges that the lead time depends on the ordered quantity of Restaurant Voucher Cards. Furthermore, the delivery and acceptance of Restaurant Voucher Cards are subject, on a mutatis mutandis basis, to Articles II., 5 to II., 8 of the present Business Terms and Conditions, laying down the terms for the delivery of paper Restaurant Vouchers. Upon delivering Restaurant Voucher Cards to an Eligible Employee, the Employer must provably acquaint the Eligible Employee with the Card Use Conditions and demonstrate having done so at the Provider's request. In case that the Provider itself acquaints an Eligible Employee with the Card Use Conditions (during the activation of the Restaurant Voucher Card), the Employer consents to such a course of action. In the event of default on the payment of fees applicable to the delivery of Restaurant Voucher Cards, the provisions of Article III., 6 of the present Business Terms and Conditions shall apply mutatis mutandis.
5. Electronic Restaurant Vouchers are credited to Restaurant Voucher Cards supplied by the Provider to the Employer based on an Order thereby placed by filling out the standardized form via the User Account. The Provider shall be under no obligation to confirm Orders placed in a different manner. In placing an Order, the Employer must specify the information and make the selections required in the order form; in particular, the Employer must identify specific Restaurant Voucher Cards and the quantity of electronic Restaurant Vouchers that are to be credited to individual Restaurant Voucher Cards. The confirmation of Orders and the remittance of Payments for electronic Restaurant Vouchers shall be subject, mutatis mutandis, to Article II., 2 and the first five sentences of Article II., 3 of the present Business Terms and Conditions. The Provider must ensure that electronic Restaurant Vouchers are credited to a relevant Restaurant Voucher Card within two working days after the day on which the Provider's applicable account is credited with the exact amount of Payment S for electronic Restaurant Vouchers in accordance with the invoice, including the specification of the correct variable symbol. Due to security reasons and due to restrictions imposed by the Bank, a maximum limit of electronic Restaurant Vouchers has been set, which may not be exceeded. If the limit is attained, no additional electronic Restaurant Vouchers may be credited to a Restaurant Voucher Card until a certain minimum of electronic Restaurant Vouchers has been debited from the Restaurant Voucher Card by the Employee. In case that the Employer places Orders for additional electronic Restaurant Vouchers to be credited to a Restaurant Voucher Card to which no additional electronic Restaurant Vouchers may be credited due to the fact that the maximum limit of electronic Restaurant Vouchers has been reached on the Restaurant Voucher Card, the Provider shall deposit such over-the-limit electronic Restaurant Vouchers to an account other than the Restaurant Voucher Card, where they will remain until the time at which they may be credited to the Restaurant Voucher Card. The Provider shall preferentially credit the earliest deposited electronic Restaurant Vouchers to replace electronic Restaurant Vouchers debited from a Restaurant Voucher Card. If deposited electronic Restaurant Vouchers cannot be credited to a Restaurant Voucher Card during three months after they are deposited (due to the fact that the balance of electronic Restaurant Vouchers exceeds the maximum allowable limit), thus deposited electronic Restaurant Vouchers shall be forfeited to the Provider after the expiry of the aforestated time limit, subject to no compensation.
6. If Payment S is remitted without the correct variable symbol or the sum credited to the Provider's account does not match the invoiced sum for electronic Restaurant Vouchers, the Provider shall be under no obligation to credit electronic Restaurant Vouchers to the Restaurant Voucher Card; the Provider shall inform the Employer of the foregoing deficiencies and request the rectification thereof without unnecessary delay through User Account S or using another suitable method (such as telephone). In case that the Employer fails to duly remit Payment S within 21 days after the due date of an invoice, the Provider shall have the right to rescind the relevant subcontract and cancel the Order at any time after the expiry of the foregoing time limit. The Provider shall notify the Employer of such rescission and Order cancellation via User Account S and shall refund any unused payment to the account from which it was remitted within five working days after the service of the foregoing notice.
7. An Eligible Employee may use electronic Restaurant Vouchers credited to the relevant Restaurant Voucher Card to pay for Meals to a provider of Meals via a payment terminal accepting Restaurant Voucher Cards, whereupon the number of electronic Restaurant Vouchers on the Restaurant Voucher Card will be reduced by a value corresponding to the price of goods or services paid for as part of every purchase of Meals. An Eligible Employee shall receive electronic Restaurant Vouchers upon the crediting thereof to the Restaurant Voucher Card.
8. The period of validity of Restaurant Voucher Cards is limited, and Restaurant Voucher Cards shall be cancelled upon the expiry date thereof. Unless a Restaurant Voucher Card is renewed, either automatically or at the Employer's request (replaced with a new Restaurant Voucher Card), upon canceling or permanent blocking the Restaurant Voucher Card, electronic Restaurant Vouchers, wherewith the Restaurant Voucher Card is credited at cancellation time, shall expire with no compensation. Details are laid down under the Card Use Conditions. After the termination of an Eligible Employee's employment with the Employer, the Eligible Employee may continue using the Restaurant Voucher Card; however, upon canceling or permanently blocking the Restaurant Voucher Card, electronic Restaurant Vouchers wherewith the Restaurant Voucher Card is credited shall expire with no compensation.
9. The Provider shall provide an Eligible Employee with access to information on their Restaurant Voucher Card balance via Employee User Account S.
10. The Card Use Conditions lay down the persons, the method, and the conditions under which a request may be made to the Bank for replacement, cancellation, blocking, and, where applicable, other changes pertaining to the Restaurant Voucher Card. The Bank and the Provider have the right to block a Restaurant Voucher Card, either temporarily or permanently, in a discretionary manner with no request by an Eligible Employee necessary, for security reasons, including, without limitation, suspected fraudulent use of the Restaurant Voucher Cards or the termination of the Agreement. If blocking a Restaurant Voucher Card permanently results in the expiration of thereto credited electronic Restaurant Vouchers in accordance with the Card Use Conditions (due to the fact that the Employer fails to request renewal of the Restaurant Voucher Card), the Provider shall bear no liability whatsoever to the Employer or the Eligible Employee.
11. The Provider shall be under no obligation either to reimburse electronic Restaurant Vouchers in a way other than paying providers of Meals for provided Meals, or to transfer Restaurant Vouchers between individual Restaurant Voucher Cards using any method whatsoever.
1. The Provider owns an exclusive license to operate the Cafeteria System and the Benefity software application, in the framework of which User Accounts B are maintained. The Provider uses User Accounts B to enable ob-taining, subject to predetermined conditions, Benefits and exchanging the same for relevant products and ser-vices (hereinafter referred to as "Products") at the Provider's acceptance points (hereinafter referred to as "Ac-ceptance Points"). By entering into the Agreement, the Provider undertakes to provide to the Employer the services specified below in accordance with the Agreement, in connection with the drawing of Benefits by Eli-gible Employees:
(a) access to User Account B;
(b) telephone and e-mail support;
(c) support for the management and administration of the Benefits system;
(d) import of data based on information received from the Employer;
(e) information on newly hired Eligible Employees based on data provided by the Employer;
(f) information on departures of Eligible Employees based on data provided by the Employer;
(g) creation and modification of the catalogue of offered Benefits in User Account B;
(h) increase in points awarded to Eligible Employees to allow them to obtain and draw Benefits based on data provided by the Employer;
(i) ongoing distribution of news and messages;
(j) creation and maintenance of a supplier network for Acceptance Points, entry into agreements with Acceptance Points;
(k) evaluation of Acceptance Points; and
(l) export of data required for the Employer's internal management needs concerning the assessment of the process of drawing Benefits.
2. The Employer orders Benefits by submitting a table in the Excel format, containing the name, personal ID number, and balance of points of the Eligible Employee. The submission of an Excel file may be substituted with automated imports to the Benefits software application from the Employer's enterprise management system. The Provider shall establish access to User Account B for Eligible Employees based on a list of numerical or other codes assigned to Eligible Employees by the Employer. The terms and conditions for drawing Benefits shall be approved by Eligible Employees via the applicable User Account B during the first sign in and, where applicable, after every amendment to the applicable terms and conditions. Points through which Benefits can be obtained shall be credited to identification cards or Restaurant Voucher Cards supplied by the Provider to the Employer based on an Order placed by the Employer. Upon placing an Order, the Employer shall state all of the necessary information, particularly the specification of specific identification cards or Restaurant Voucher Cards and the number of points to be credited to individual cards. The Provider shall ensure that assigned points are credited to the applicable card within two working days after the fulfillment of the condition for crediting points to the applicable card.
3. Benefits can be claimed at Acceptance Points by showing or providing the unique 10-digit code stated on the identification card or Restaurant Voucher Card under the Eligible Employee's name on the recto of the applicable Restaurant Voucher Card in the "BENEFITY NNNNNNNNNN" format, and by providing the PIN assigned to the Eligible Employee. The time at which the abovementioned 10-digit code and the applicable PIN are provided is the time at which a Benefit is claimed.
4. Benefits may always be obtained only up to the nominal value of points awarded by the Employer (the maximum limit of points). The standard (default) settings of the maximum limit of points that may be drawn are equal to the relevant legal requirements in effect; however, the Employer may by way of the administration system or by way of a written request delivered to the Provider set the maximum limit to any value (BEN Max option) and/or may approve the limit to be exceeded subject to no restrictions (BEN Premium option). In such a case, however, the Employer must pay additional tax on the amount by which the value of Benefits drawn by the applicable employee exceeds the legal limit that is included in the employee's income in accordance with Section 6, Paragraph 9, Subsection d) of the Income Tax Act, and, moreover, pay social security and medical insurance contributions applicable to the value of such Benefits. User Account B does not allow exceeding the quantity of drawn points. Neither points nor nominal values in CZK may be redeemed for cash. Save for the exception laid down in Paragraph 6, obtaining Benefits in establishments other than Acceptance Points is not permissible.
5. Complaints concerning drawn Benefits (the quality of purchased Products) must be filed by Eligible Employees directly with the applicable Acceptance Point. If an Eligible Employee requests the cancellation of a transaction completed in a calendar month other than the calendar month in which the Benefit was drawn, the cancelled number of points is credited back to the Eligible Employee's value of Benefit points, provided that the cancellation is substantiated (confirmed by the Acceptance Point).
6. The Provider will reimburse invoices and, where applicable, receipts demonstrating the delivery of Products in case that the supplier is not a VAT payer (hereinafter referred to as "Product Receipt"), for Products purchased by Eligible Employees at establishments other than Acceptance Points (hereinafter referred to as "Uncontracted Suppliers"), subject to the fulfillment of the following conditions:
a) The Employer shall not have made a request to the Provider to deactivate the module allowing the reimbursement of Products purchased at establishments other than Acceptance Points.
b) The Employer must ensure that Eligible Employees are informed that in purchasing Products at establishments other than Acceptance Points, Eligible Employees:
- may only purchase Products, as per the definition thereof, from Uncontracted Suppliers,
- must receive from an Uncontracted Supplier a Product Receipt issued to the Employer, as the customer, stating the number of User Account B, as the buyer, whereupon the Product Receipt must be subsequently delivered to the Provider using the prescribed method for financial settlement purposes,
- must verify that the Product Receipt corresponds to the purchased Product, meets the requirements for a Product Receipt laid down under the laws and regulations in effect, and contains no other items, which the Eligible Employee may purchase together with the Products, but which do not meet the definition of Products,
- must submit a request for processing a Product purchase from an Uncontracted Supplier via the employee's User Account B by
(i) filling out all required information from the Product Receipt
(ii) confirming filled out information by entering the PIN for the employee's User Account B for verification purposes
(iii) a request may be submitted solely by checking the relevant field in a pre-filled form, where the Eligible Employee grants consent to data processing for the purposes of paying for a Product purchased from an Uncontracted Supplier as well as the fact that the Employee has been acquainted with the applicable business terms and conditions.
- After the submission of a request and its approval in the system, points corresponding to the Product purchased from an Uncontracted Supplier will be subtracted immediately, for which reason the request cannot be subsequently cancelled.
c) The extent of the Provider's duty to verify a Product Receipt issued by an Uncontracted Supplier only includes verifying that the Uncontracted Supplier has a trade license or another business permit (such as registration as a private medical facility) for a segment corresponding to Products. The Provider shall bear no liability for the content or form of a Product Receipt issued by an Uncontracted Supplier. In the event of a dispute between an Eligible Employee and the Provider regarding the inclusion of a Product in the applicable segment, the decision on the classification of the Product in the relevant segment is made by the Provider.
d) The Provider shall make a Product Receipt issued by an Uncontracted Supplier available to the Employer upon request.
7. The amount of the Provider's fee for a Product Receipt issued by an Uncontracted Supplier claimed by an Eligible Employee and paid by the Provider (hereinafter referred to as "Uncontracted Drawdown") shall be equal to a share in the total amount stated in the Product Receipt inclusive of VAT, the value of which is specified in the Agreement; the base for calculating the total fee for an Uncontracted Drawdown shall be the aggregate amount of all Uncontracted Drawdowns by Eligible Employees at outlets other than Acceptance Points, specifically the aggregate amount of payments made by the Provider in a given calendar month, the total amount of the remuneration for Uncontracted Drawdown is inclusive of VAT at the statutory rate; the Employer may stipulate the fee for Uncontracted Drawdown to be subtracted from the value of Benefits drawn by the applicable Eligible Employee via the Cafeteria System, where the reduction shall be equal to the number of points corresponding to the fee for Uncontracted Drawdown. In case that the Employer decides to proceed as per the foregoing, the Employer must inform the Eligible Employee of the relevant reduction of Benefits. The Provider shall bear no liability in relation to Eligible Employees for reducing the extent of Benefits as per the foregoing.
8. The total sum paid by the Employer in connection with Benefits drawn in connection with the Agreement, i.e. Payment B, shall be determined based on monthly settlements (hereinafter referred to as the "Settlement") containing numerical data based on which Settlements are carried out (hereinafter referred to as "Reports"), which are equal to a sum corresponding to 100% of the value of Products drawn through Benefits claimed by Eligible Employees in the preceding calendar month. The total sum paid by the Employer includes the cost of issuing duplicate identification cards in the event of loss or destruction (hereinafter referred to as the "Invoice"), which usually includes the identification of Eligible Employees to whom duplicate identification cards are issued, and the identification of Eligible Employees to whom Products are provided at outlets other than Acceptance Points. The fee for issuing one duplicate identification card is specified in the Price List available online at https://www.benefity.cz. The fee shall be deducted from the Eligible Employee's User Account B.
9. Reports shall include information on obtained Benefits, structured according to the categories of individual Products. Based on the Employer's requirements, the drawdown of Benefits may be agreed according to categories of Products and the identification of Eligible Employees – users of multipurpose electronic vouchers. In case that an agreement on the payment of administration costs is entered into, the foregoing information may be provided retroactively for the period of 12 months preceding the calendar month in which a request for such information is delivered to the Provider. A payment shall be considered received at the time the invoiced sum is credited to the Provider's account.
10. The value of one point for obtaining Benefits is equal to CZK 1 for the Employer and for Eligible Employees. The Employer specifies the total nominal value of electronic vouchers in CZK under an internal regulation. An Eligible Employee may use thereto credited points during the validity period thereof, which lasts 12 months from the time at which points are credited to User Account B, regardless of the method of payment for selected products.
11. If a payment for selected products is made based on the actual use of benefit points, the Provider shall automatically carry over unused points after the expiry thereof to a BEN PASS, a special type of electronic prepaid multipurpose voucher. Benefit points on the BEN PASS electronic voucher shall remain valid for an additional three month after being transferred to the voucher. Access credentials for the BEN PASS electronic voucher shall be displayed by the Provider to the applicable Eligible Employee via the Eligible Employee's User Account B. After their expiry, unused points shall expire subject to no compensation.
12. If a payment for selected products is made by means of a prepayment or an ex post payment, the Employer may remit a payment to the Provider for benefit points that are not used prior to the expiry thereof. After their expiry, unused points expire with no entitlement to compensation.
13. The Provider shall issue a Settlement (and an Invoice, if applicable) in accordance with Section 36, Paragraph 13 of Act No. 235/2004 Coll. on Value Added Tax, as in effect, with a value corresponding to the Settlement as at the last day of the calendar month, which is the date of taxable supply, insofar as the relevant supply is taxable supply. Thus issued Settlement and Invoice shall come due 15 days after being delivered to the Employer. Payment must be made by a transfer of funds from the Employer's bank account to the Provider's bank account specified in the Settlement and the Invoice, referenced using the variable symbol specified on the applicable Settlement and Invoice. Settlement also applies to cases of prepayment for the future drawdown of Benefits based on an agreement with the Employer; in the framework of a Settlement, prepayments made by the Employer are reduced by the value of drawn Benefits.
14. The Provider may deliver a Settlement and an Invoice to the Employer by making the same available to the Contact Person via User Account B. In such a case, the Employer shall be informed of the fact that new Settlements and Invoices have been made available via User Account B by means of a notice sent by e-mail to the e-mail address specified in the Agreement. Settlements and Invoices shall be deemed delivered upon the sending of a notice stating that the same have been made available. The Employer must download Settlements and Invoices made available via User Account B and, if necessary, print them out.
15. The Provider leaves Settlements and Reports available to the Employer via User Account B during a period of three years after the last day of the calendar month to which a Settlement or a Report applies.
16. In case that the Employer defaults on the fulfillment of any financial obligation to the Provider, the Employer must pay the Provider default interest at the rate of 0.05% of the balance due for every commenced day payment is past due. Default interest shall come due seven (7) days after the delivery to the Employer of a written notice requesting the payment.
1. The Employer undertakes:
(a) to distribute paper Restaurant Vouchers solely to its Eligible Employees;
(b) to distribute Restaurant Voucher Cards solely to its Eligible Employees for whom Restaurant Voucher Cards are ordered;
(c) to ensure that Eligible Employees abide by the rules applicable to Benefits, Restaurant Vouchers, and Restaurant Voucher Cards as per these Business Terms and Conditions and the Card Use Conditions;
(d) to maintain a legitimate legal basis allowing the transfer of personal data of its employees or other persons to the Provider and the Provider's contract partners to the extent necessary for fulfilling the purpose of the Agreement; and
(e) to give its Eligible Employees proper instructions regarding:
(i) the fact that Restaurant Vouchers are issued for the purpose of providing Meals, where Restaurant Vouchers may be used exclusively to pay for Meals;
(ii) the fact that Benefits may be drawn solely for purposes other than Meals;
(iii) the procedures for using User Accounts.
2. The Employer must without delay inform the Provider via User Accounts of any change in its identification data stated in the Agreement, including changes in the Employer's tax domicile and authorized representatives. The foregoing reporting duty includes changes in data obtainable from public sources.
3. The Provider declares that providers of Meals, who are authorized to accept Restaurant Vouchers based on an agreement with the Provider, are required to accept Restaurant Vouchers solely as a means of payment for Meals. Furthermore, the Provider declares that based on an agreement with the Provider, Acceptance Points are required to accept points as a payment for Benefits only for purposes other than Meals. The Provider shall bear no liability for goods or services, including Products, supplied by any provider of Meals or by any Acceptance Point or for the quality of goods or services supplied in connection with payments made using Restaurant Vouchers or Benefits.
4. In connection with the performance of the Agreement, the Provider undertakes to refrain from requiring Eligible Employees to pay any prices, fees, costs, and the like, with the exception of a fee for issued cards and compensation for lost cards, including postal charges for the delivery of original or replacement cards, unless otherwise agreed under the Agreement, based on the Provider's price list in effect, which is available at www.nasestravenka.cz.
5. The Provider shall bear no liability for damage incurred in case that any provider of Meals, any Acceptance Point, or another party does not accept or refuses to accept Restaurant Vouchers or Benefits due to any reason whatsoever.
6. Either of the Parties may terminate the Agreement in a discretionary manner by serving a notice of termination upon the Counterparty. The notice period shall last two calendar months, starting on the first calendar day of the calendar month following the calendar month in which a notice of termination is delivered to the Counterparty. The Employer is liable for ensuring that the Restaurant Voucher Card Use Terms and Conditions, which have been thereby received, will be complied with after the termination of the Agreement.
7. In case that either of the Parties violates the provisions of the Agreement and such a Party fails to rectify such a violation without delay in response to a notice served by the Counterparty, or the same violation of the Agreement is committed repeatedly, the aggrieved Party shall have the right to rescind from the Agreement by serving a notice of rescission upon the delinquent Party. The rescission of the Agreement shall enter into force on the day following the delivery of a written notice of rescission to the delinquent Party. The rescission of the Agreement shall have no effect on subcontracts entered into based on Orders.
8. Unless the Agreement expressly stipulates otherwise, regardless of the form in which the Agreement has been entered into, any and all notices or other communications effectuated in accordance or in connection with the Agreement, including documents in electronic form as per Article V., 10 of these Business Terms and Conditions, (hereinafter referred to as "Notice")
(a) if a Notice is served by the Provider, be delivered
(i) in writing to the Employer's address specified in the applicable User Account, or
(ii) to the Employer's e-mail address specified in the applicable User Account, or
(iii) via the applicable User Account;
(b) if a Notice is served by the Employer, be delivered
(i) in writing to the Provider's address, or
(ii) via the applicable User Account.
9. For the avoidance of doubt, the following shall apply:
a) Article IV., Paragraph 10, last sentence, Paragraphs 11 and 12 of these Business Terms and Conditions shall apply exclusively to Agreements entered into on or after 1 October 2024;
b) in case that the Employer and the Provider enter into the Agreement on or after 1 October 2024, and the Employer delivers to the Provider a request to deactivate User Account B, the Provider shall proceed so that the identification card or the Restaurant Voucher Card and User Account B, through which the Eligible Employee can use credited points, shall remain active during an additional three months after the delivery to the Provider of the Employer's request to deactivate User Account B, unless the Employer requests deactivation effective immediately. After the expiry of the foregoing period, the identification card or the Restaurant Voucher Card and User Account B of the Eligible Employee shall be deactivated, and unused points will expire with no compensation (unless the points expire at an earlier time due to the expiry thereof within the meaning of Article IV., Paragraph 10 of these Business Terms and Conditions).
c) The provisions laid down in Article V., 8 of these Business Terms and Conditions shall not apply to
(i) returning and delivering paper Restaurant Vouchers (including the return of defective paper Restaurant Vouchers), which shall be carried out exclusively using the method laid down in Article II., 5 et seq. of these Business Terms and Conditions,
(ii) placing Orders (and unilaterally cancelling Orders), which the Employer shall carry out exclusively using the method laid down in Article II., 3 and III., 5 of these Business Terms and Conditions, or
(iii) granting consent to the assignment of rights or duties or to the assignment of the Agreement in accordance with Articles V., 13 and V., 14 of these Business Terms and Conditions.
Amendments to the Agreement may only be made using the procedure laid down in Article V., 8 of the present Business Terms and Conditions, unless expressly stipulated otherwise in the Agreement or in the Business Terms and Conditions.
10. The Agreement shall enter into force on the day of being entered into, unless a different date is expressly specified in the Agreement.
11. The Employer grants consent to the use of invoices in electronic form in accordance with Act No. 235/2004 Coll. on Value Added Tax, as in effect, in regard to any and all supply delivered to the Employer in accordance with the Agreement and enclosures thereto.
12. The Employer agrees that the Provider may use the Employer's logo and business name or name for promotional purposes.
13. The Employer may not assign or otherwise transfer any of its rights or duties arising in connection with the Agreement to a third party without the Provider's prior written consent, and to set off any of its receivables against the Provider's receivables arising in connection with the Agreement without the Provider's prior written consent. The Provider may set off any of its receivables from the Employer arising in connection with the Agreement or assign such a receivable to any third party without the Employer's consent. The Provider's notice of setting off or assigning a receivable or a right may be served using the method laid down in Article V., Paragraph 8, Subsection (a) of these Business Terms and Conditions.
14. The Provider may without the Employer's prior consent assign the Agreement, in part or in full, to an undertaking controlled by the same entity as the Provider or an entity controlled by the Provider.
15. Both of the Parties agree that no provision of the Agreement that is or becomes invalid, delusive, ineffective, or unenforceable shall cause the Agreement or other provisions thereof to be invalid, delusive, ineffective, or unenforceable, provided that such an invalid, delusive, ineffective, or unenforceable provision is severable from the remaining provisions of the Agreement, and it can be assumed that the relevant juridical act would have been effectuated without the invalid provision, had the Parties been able to discern the invalidity thereof in a timely manner. The Parties undertake to replace such a defective provision of the Agreement without unnecessary delay with a new provision, which is valid and enforceable and the content whereof as closely as possible corresponds to the essence and meaning of the original provision of the Agreement and the purpose the Parties originally intended to achieve through the defective provision.
16. Each of the Parties must refrain from making any financial contributions/donations to the Counterparty, its authorized representatives, and/or its workers. The foregoing also applies to offering contributions/donations to persons related to employees and/or authorized representatives of the Parties. Acts carried out by persons employed by or appointed as authorized representatives of the Parties carry the same consequences as acts carried out by the Parties. In that regard, it is irrelevant whether such benefits are offered, promised, or provided to the foregoing persons or to third parties to the benefit of such persons.
17. The Parties undertake to comply with the duties to their employees, to which they are subject under applicable employment-related laws and international treaties, including working conditions, OHS, remuneration, working hours, and overtime restrictions. Likewise, the Parties undertake to comply with duties to which they are subject in regard to the protection of children and adolescents, the prohibition of child labor and forced labor, the prohibition of discrimination, environmental protection, and the freedom of association and assembly. In the performance of the Agreement, the Parties undertake to refrain from transacting with suppliers known to the applicable Party to be entities violating the duties laid down under this article.
18. If the Employer is a natural person, the Employer acknowledges that the Provider
a) may transmit information on the Employer stated in the Agreement, or provided in connection with the performance of the Agreement (excluding information on Eligible Employees), to members of the business group of which the Provider is a member, for the internal administrative purposes of such a group, and
b) may use the details of the Employer's electronic contacts, including, without limitation, the Employer's e-mail address specified in the Agreement, to distribute offers and commercial messages within the meaning of the relevant laws and regulations.
The Employer acknowledges that the Provider will process the foregoing data during the term of the Agreement, where the Employer may raise objection to the processing thereof at any time. The Employer certifies to have been acquainted with the Privacy Protection Statement available at www.nasestravenka.cz and www.benefity.cz.
19. If any previous version of the Business Terms and Conditions contains provisions regarding an issue not expressly addressed under the present version of the Business Terms and Conditions or addressed under a different provision, the legal arrangement between the Provider and the Employer shall be subject to the provision of the present version of the Business Terms and Conditions the content whereof is closest to the corresponding provision of the previous version of the Business Terms and Conditions or, as the case may be, the provision that is absent.
20. In case that the Agreement is subject to the requirement to be disclosed in the Register of Agreements in accordance with Act No. 340/2015 Coll. on the Register of Agreements, as in effect, the Employer must forward this Agreement within five days after it is entered into to the Ministry of Interior of the Czech Republic for disclosure in the Register of Agreements, and thereupon demonstrate the discharge of this duty to the Provider. The preceding sentence shall not prejudice the Provider's right to forward this Agreement to the Ministry of Interior of the Czech Republic for disclosure in the Register of Agreements, particularly in case that the Employer fails to disclose the Agreement in accordance with the preceding sentence; if other juridical acts completed in connection with the Agreement are subject to the disclosure requirement, the foregoing provisions apply mutatis mutandis. During the time the Agreement or other juridical acts subject to the disclosure requirement in accordance with this article are not disclosed, the Provider shall not be deemed in default on the discharge of its duties arising under the Agreement or other related juridical acts.
November 2024
The current version of the Business Terms and Conditions is also available at www.nasestravenka.cz (after sign-in)
and at www.benefity.cz.