General terms and conditions of Ultra Adventures s.r.o., located at Revoluční 12B, Šumperk 787 01, ID No: 04201442 (hereinafter referred to as the “Provider”) for the rental of GPS trackers and provision of services in the field of GPS tracking

I. Definition of terms

1. “GTC” hereinafter refers to these General Terms and Conditions
2. “Provider” refers to Ultra Adventures s.r.o., located at Revoluční 12B, Šumperk 78701, ID No: 04201442
3. “Orderer” refers to the specific individual interested in the provision of services who has sent a binding order on the FollowMe service website or by email.
4. “Race” refers to races of all participant categories held within a single organizer-specified event usually held within one day or two consecutive days, with the stipulation that no category during such an event will host two races under the same name.
5. “Order” refers to any order sent by the orderer to the contractor and confirmed by the contractor, regardless of the form.
6. “Domestic” – for the purposes of this document, Domestic includes the Czech Republic and Slovakia.
7. “GSM tracker/s” refers to hardware ensuring participant tracking and data transmission using a mobile phone data network.
8. “Satellite tracker/s” refers to hardware ensuring participant tracking and data transmission using the Iridium satellite network.

II. Subject of performance

1. The subject of performance is the rental of devices for ensuring GPS tracking – so-called GPS trackers.
2. The performance also includes the operation of a web application where this GPS tracking is realized.
3. The order specifies basic information – primarily the number of ordered trackers and the rental period.

III. Obligations of the Orderer

1. The orderer will send an order well in advance, which becomes binding after confirmation. The orderer will pick up the rented devices from the provider at the agreed time and return them to the provider promptly after the end of the event.
2. The orderer is obliged to follow the supplier’s instructions when operating GPS trackers.
3. The orderer is obliged to cooperate and ensure the necessary facilities for the smooth running of the service, such as an internet connection at the race location, connection to the power grid, space in the tent where registration is taking place, parking, accommodation, etc. Exact parameters are part of the order confirmation.
4. For regular weekend rentals – trackers must be returned to the provider by the following Tuesday. Different arrangements may be made for public holidays.
5. For rentals for other than weekend events, the date and time by which the trackers must be delivered to the provider’s address will be stated in the order or its confirmation.
6. For races in the domestic country, the orderer will send the trackers using one of the listed services – PPL, DPD, GLS, or Czech Post. In case of sending by Czech Post, the provider is obliged to use the EMS service. Recommended latest dispatch dates are Monday 12:00. In case of the Czech Post, end of office hours on Monday. Meeting these deadlines does not relieve the Orderer of the responsibility to deliver the trackers on time and the responsibility set out in section V of these GTC.

IV. Provider Obligations

1. The provider is obligated to provide the client with GPS trackers, according to technical specifications, in the quantity and term agreed in the order.
2. The provider undertakes to provide fully functional trackers in the agreed quantity for the agreed time.

V. Client Responsibilities

1. The client is responsible for monitoring the trackers during the rental period, including trial loans. It is the client’s responsibility to monitor and retrieve all trackers that racers take home, not the provider’s.
2. The client is responsible for sending or personally delivering the trackers back to the provider’s address.
3. The client is responsible for the trackers until the moment of delivery of the trackers back to the provider’s address.
4. The provider does not provide any insurance for the trackers. Setting up insurance is the client’s responsibility.

VI. Provider Responsibilities

1. For races in the homeland, the trackers are sent by the provider via PPL service or Czech Post for races in the homeland. For international races, trackers are sent via DHL. In some cases, the provider hands over the trackers personally. For races in the homeland, the provider is responsible for the trackers until the moment they are received by the client.
2. Trackers are sent abroad only to the address where the client has an office/representation throughout working hours, usually through DHL service. The renter is responsible for the trackers from their receipt by the courier service (DHL) until their return to the provider’s address. The provider is not responsible for delays or fees arising from foreign customs or government regulations.
3. Displaying the tracking website and using the online management area, the provider requires a connection to the internet via Wi-Fi or broadband. The provider company cannot be held responsible for providing these services in a certain area or their failure.
4. The provider makes every effort to ensure 99.9% availability of our web services, these are provided by a third party and we cannot be held responsible for the failure of these services. It is in our interest to ensure that the service is provided as quickly as possible.

VII. Payment Terms

1. After the race, an invoice will be sent to the client with a maturity of 14 days.
2. In case of an order value higher than 20,000 CZK excluding VAT, or when using satellite trackers regardless of the order value, the provider may request a down payment of 50 percent of the order value.
3. Rental cancellation – upon confirmation of the order, the rental becomes binding. If you cancel the reservation less than 30 days before the start date of the event, a 50% rental invoice will be issued. Less than 14 days – a 100% rental invoice will be issued.
4. When renting satellite trackers, the provider may request a refundable deposit (security) for the loan of the equipment. Details will be specified in the order.
5. The invoice will be sent electronically to the email address from which the order was sent.

VIII. Penalties and Termination of Contract

1. Late returns. A fee for each day of delay for each tracker is charged for late returns. For GSM trackers, this fee is 50 CZK + VAT per tracker and day, for satellite trackers this fee is 200 CZK + VAT per tracker and day. Late delivery begins at the end of the expected return day. Delay fees are non-refundable. For example: After a weekend rental, returning on Wednesday meant 1 day of delay for each tracker.
2. The current price for a replacement tracker is 3000 CZK + VAT for a GSM tracker, 8000 CZK + VAT for a satellite tracker. This includes the necessary hardware and management. This amount is due if the tracker is not returned within 14 days from the end date of the event. If the device is returned within 6 months from the end date of the event, 50 percent of the charged penalty amount is refunded. Any late fees are not included in the refund.
3. In case of delay in payment of the issued invoice, the client will be obliged to pay the provider a contractual penalty of 0.5% of the due amount for each day of delay. 4. During the delay of the client in payment of his due obligations to the provider, the provider is not obliged to perform the services under the concluded contract. This does not affect the provider’s claim to contractual remuneration (service price) according to these GTC.

IX. Processing of Personal Data

1. The client takes over personal data about individual racers in the race from the individual racers on behalf of the client, and these personal data will also be processed on behalf of the client within the scope of the performed measurement and evaluation of the results of each category of the race. For the legality of taking over such personal data as well as handling them within the fulfillment of the provider’s obligations, the client is responsible in terms of fulfilling obligations under applicable legal regulations.
2. Tracker location information will only be provided by the provider to the race organizers or rescue services.
3. Trackers hired by the provider can only be used if the participant is fully aware that he is being tracked. We do not supply trackers for any hidden tracking.

X. Pricing Agreements

1. The total rental price will be agreed between the parties within the respective order.
2. Unless otherwise provided in these GTC or the respective contract, prices are quoted exclusive of VAT.

XI. Final Provisions

1. Unless otherwise stipulated in the contract between the parties, the rights and obligations of the parties arising from such a contract and these GTC or related to them are governed by the relevant provisions of the Commercial Code.