General Terms and Conditions


AQE advisors, a.s., with registered office: třída Kpt. Jaroše 1944/31, 602 00 Brno-Černá Pole, ID:26954770, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert 4997, email: irena@aqe.cz, telephone number: +420 773 669 994 (hereinafter referred to as “Terms and Conditions” and “Lessor”).

  1. INTRODUCTORY PROVISIONS AND DEFINITION OF TERMS
    1. These Terms and Conditions regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a short-term sublease agreement (hereinafter referred to as the “Sublease Agreement”) concluded between the Lessor and another natural person or legal entity (hereinafter referred to as the “Sublessee”):
      1. physically at the place of sublease, i.e. at the Lessor’s registered office,
      2. physically at another location determined by agreement of the parties,
      3. by e-mail or telephone communication between the Lessor (e-mail address: irena@aqe.cz, telephone number: +420 773 669 994) and the Sublessee.
    2. Sublease shall mean sublease of premises used for business, namely non-residential premises at Sokolovská 694/102a, 186 00 Praha-Karlín, standing on plot no. 447/1, which includes building no. 694, registered on the ownership sheet 4198, kept at the Cadastral Office for the Capital City of Prague, cadastral workplace Prague, for the cadastral area Karlín, which the Lessor leases on the basis of the contract on lease of non-residential premises between the Lessor and the company aapm.cz, with the registered office. Jaroše 1944/31, 602 00 Brno (hereinafter referred to as the “Owner”), whereby the Owner has granted the Lessor consent to sublease the premises, namely the individual rooms (the Large Room and the Small Room) (hereinafter referred to as the “Lease”).
    3. The contractual relations between the Lessor and the Lessee are governed in particular by the Sublease Agreement, these Terms and Conditions and the Lessor’s Operating Regulations as amended from time to time. Relationships not governed by these Terms and Conditions shall be governed by the Civil Code, as amended and in force.
    4. Provisions deviating from the Terms and Conditions may be expressly agreed by the parties in the Sublease Agreement. Deviating provisions in the Sublease Agreement shall prevail over the provisions of the Terms and Conditions.
    5. These Terms and Conditions form an integral part of the Sublease Agreement and the Sublessee, by entering into the Sublease Agreement, simultaneously confirms that he/she has read these Terms and Conditions and that he/she expressly acknowledges that these Terms and Conditions form part of the contractual arrangement between him/her and the Lessor.
    6. The Sublease agreement is concluded:
      1. upon receipt and confirmation (by e-mail or telephone) by the Lessor of a non-binding inquiry filled in and submitted by the Sublessee on the Website. The form contains the information necessary to conclude the Sublease Agreement and the Sublessee is obliged to provide true and up-to-date information in the form.
      2. based on e-mail communication, when the conclusion of the Sublease Agreement occurs at the moment when the Lessor confirms the reservation of the relevant date. The Sublessee is obliged to provide true and up-to-date information.
      3. based on telephone communication, when the contract is concluded at the moment when the order is confirmed by the Lessor. The Sublessee is obliged to provide true and up-to-date information.
  1. LESSOR’S DECLARATION
    1. The Lessor declares that it is a legal entity duly established and registered under the Czech legal system and that it meets all conditions and requirements for the conclusion of the Sublease Agreement, which it is authorized to conclude.
    2. The Lessor declares that it is registered as a payer of value added tax.
    3. Furthermore, the Lessor declares that it is not the owner of the non-residential premises specified in Article 1(2) of these Terms and Conditions but has been granted consent to sublet the premises by the Owner.
    4. Further, the Lessor declares that the photographs shown on the website www.academyHUB.cz correspond to the real and current form of the Subleased Property.
  1. CONCLUSION OF THE SUBLEASE AGREEMENT
    1. The Lessor, on the basis of the concluded Sublease Agreement and upon fulfilling the conditions specified therein and in these Terms and Conditions, makes available to the Sublessee for the use of the Sublessee for the performance of its business activities or for private use, and the Sublessee, in accordance with and upon fulfilling the conditions specified in the Sublease Agreement and in these Terms and Conditions, accepts from the Lessor the use of the part of the property specified in the Sublease Agreement, either a large room, a small room or both rooms, or both rooms, or as the case may be. (hereinafter referred to as the “Subject of the Sublease”).
    2. The Lessor undertakes to allow the Sublessee to use the Sublease Subject without interruption for the duration of the Sublease and the Sublessee undertakes to pay the Lessor properly and on time all payments to which it has agreed in the Sublease Agreement, to use the Sublease Subject properly and to fulfil other obligations arising from the Sublease Agreement and these Terms and Conditions.
  1. DECLARATION OF THE SUBLESSEE
    1. By signing the Sublease Agreement, the Sublessee confirms that he/she has inspected the Sublease Subject in detail (at least on the website www.academyHUB.cz), the condition of the Sublease Subject is known to him/her and it is fit and suitable for the purpose for which the Sublease Agreement is concluded.
    2. Should there be any defect in the Subleased Item, it shall be deemed to be known to the Sublessee and shall not prevent the use of the Subleased Item. Subsequent unfitness for proper or customary use of the equipment and movable items which were in/on the Sublease Item at the time of delivery of the Sublease Item and which were given to the Sublessee for use together with the Sublease Item (equipment of the rooms with aids) shall have no effect on the suitability of the Sublease Item for the agreed purpose of the Sublease and on its use, i.e. they are not required for the proper use of the Sublease Item.
  1. PURPOSE OF SUBLETTING AND POSSIBLE PENALTIES
    1. By accepting the Sublease Agreement, the Sublessee agrees to use the Subleased Property in accordance with the terms and conditions agreed in the Sublease Agreement and contained in these Terms and Conditions for the purpose defined in the Sublease Agreement (hereinafter referred to as the “Action”).
    2. The Sublessee shall not have the right to engage in any other activity or to change the manner or conditions of its performance other than as it results from the purpose of the Sublease under the Sublease Agreement. The Sublessee may use the Subleased Property for any other purpose only with the Lessor’s prior express written consent. If the Sublease Item is used in a manner other than as agreed in writing, the Lessor shall have the right to demand 10% of the Rental Price.
    3. Together with the Subject of the Sublease, the Lessor transfers to the Sublessee for use the equipment of the Subject of the Lease, i.e. movable things located in the Subject of the Lease, namely aids for the implementation of the Event. In the event of destruction of the item, damage to the item or theft of the item, the Lessor shall have the right to demand payment of compensation for damage or the return of the stolen movable item, with the transport back to the place of the Rental being borne by the Lessee.
  1. SUBLEASE PERIOD
    1. The Sublease agreement is concluded for a definite or indefinite period according to the definition in the agreement.
    2. During this period, the sublease relationship may terminate for reasons provided by law or for reasons agreed in these Terms and Conditions.
    3. The sublease may only be extended by written agreement between the parties; automatic renewal of the sublease is excluded.
  1. SUBLEASE AND PAYMENT TERMS
    1. The Sublessee shall pay the Sublease Fee for the use of the Sublease Item and the cost of providing the performance associated with the use of the Sublease Item (Services) in the amount as set forth in the Sublease Agreement (collectively, the “Sublease Fee”).
    2. The Parties agree that the Sublease Fee incl. VAT shall be paid by the Sublessee:
      1. in cash at the place of sublease against the cash receipt, unless otherwise agreed between the parties,
      2. by card at the place of subletting,
      3. by bank transfer to the Lessor’s account 35-2267200297/0100 held with Komerční banka, a.s., (hereinafter referred to as the “Lessor’s Account”), based on an invoice (tax document) issued by the Lessor.
    3. The date of payment shall always be the date of receipt of the amount at the place of sublease, or at another place if agreed by the Parties, or by crediting the amount to the Lessor’s bank account.
    4. The Lessor shall be entitled to require the Sublessee to make a deposit of the Sublease Fee in the amount agreed in the Sublease Agreement. The deposit shall be due at all times before the commencement of the Event, unless otherwise specified by the Lessor or by agreement of the parties.
    5. In connection with the use of the Sublease Subject, the Lessor undertakes to provide the Sublessee with the following services related to the use of the Sublease Subject: heat energy supply (heating and hot water), water supply and sewage disposal, electricity supply. Payment for the provision of services is included in the lump sum of the Sublease Fee agreed in the Sublease Agreement. In connection with the negotiation of the lump sum of the Sublease Fee, the Parties agree that the Lessor is not obliged to bill the Sublessee for the services.
    6. The Sublease Fee shall be due and payable by the date specified in the Sublease Agreement or by the due date specified in the invoice-tax receipt issued by the Lessor for the purpose of billing the Rent, and unless otherwise agreed, no later than the date of the Event.
  1. HANDOVER OF THE SUBJECT OF THE SUBLEASE
    1. The subject of the sublease shall be made available to the Sublessee always at the latest at the hour of the start of the Event by a person authorized by the Lessor, unless otherwise agreed by the parties. If this is not done, the Sublessee shall be entitled to a discount on the Rental Price.
  1. RIGHTS AND OBLIGATIONS OF THE LESSOR
    1. The Lessor is obliged to allow the Sublessee to use the Subject of the Sublease in accordance with the Sublease Agreement and these Terms and Conditions and to ensure the Sublessee’s full and undisturbed exercise of its right to sublease.
    2. The Lessor shall not be liable for any movable property owned by the Sublessee or third parties participating in the Sublessee’s Event located in/on the Sublease Item.
  1. RIGHTS AND OBLIGATIONS OF THE SUBLESSEE
    1. The Sublessee is not entitled to:
      1. transfer the Subject of the sublease or a part thereof for use to a third party without the prior written consent of the Lessor,
      2. transfer its rights and obligations under the Sublease Agreement to a third party without the Lessor’s prior written consent.
      3. without the Lessor’s prior consent, to place corporate signs, leaflets and other advertising elements on the Sublease Item and in its immediate vicinity (on the entrance door, inside the Sublease Item).
    2. The Sublessee shall in particular:
      1. to use the Sublease Subject only to the extent and for the purpose agreed in the Sublease Agreement and with due care, in particular not to damage the Sublease Subject in any way;
      2. observe in its activities the obligations set forth in the legal regulations, in particular hygiene, fire protection, safety, environmental and other generally binding legal regulations; the Sublessee declares that it has familiarized itself with the relevant regulations and relevant documentation related to fire protection, safety and hygiene related to the Subject of the Sublease before concluding the Sublease Agreement. The security and safety of the operation of the Subleased Item and the training of the responsible persons shall be the responsibility of the Sublessee and shall be at the Sublessee’s own expense;
      3. refrain from storing any items in the Subleased Property unless otherwise agreed with the Lessor;
      4. to comply with the Sublessee’s operating rules, which he/she has become familiar with no later than upon signing the Sublease Agreement, and to ensure compliance with the operating rules by the Subtenant’s employees and its clients, customers, and participants in the Events.
    3. If the Sublessee discovers that damage has been done to the Lessor’s or Owner’s property, or if damage to their property is imminent, the Sublessee shall promptly notify the Lessor of this fact and take such action as may prevent or limit the damage.
    4. The Sublessee shall treat the Premises, including all equipment and fixtures, with due care and use the Premises in a manner that does not interfere with the rights of other Sublessees.
    5. The Sublessee is obliged to reimburse the Lessor for any damage caused by its own activities, which includes damage caused by an employee of the Sublessee or third parties located in/on the Subject of the Sublease in connection with the Sublessee’s activities or with its consent, or by third parties to whom the Subtenant has granted access to/on the Subject of the Sublease, including by neglecting its duties.
    6. The Sublessee shall be obliged to allow the Lessor, by prior agreement, to enter and inspect the Sublease Subject, in particular to check the manner and extent of the agreed use of the Sublease Subject, as well as to inspect the premises by those interested in their further lease. The Sublessee undertakes to provide the Lessor with the necessary cooperation in the above activities.
    7. The Sublessee shall be obliged to maintain the taken over equipment and movable items located in the Subject Lease in working order. In the event of loss or destruction of the taken over equipment and movable things, the Subtenant undertakes to pay the Lessor the value of the destroyed or lost equipment or movable things as of the date of termination of the Sublease, and in the event of damage, the value of the cost of repair.
  1. TERMINATION OF SUBLEASE AND CANCELLATION CONDITIONS
    1. The Sublease shall terminate upon expiry of the period for which it was agreed or in any other manner resulting from these Terms and Conditions or from binding provisions of law which the Parties cannot exclude. The Sublease may also be terminated by agreement of both parties.
    2. The Lessor is entitled to terminate the Sublease Agreement without notice if:
      1. The Sublessee uses the Sublease Item in such a way that it is worn out beyond the level appropriate for the purpose of the Sublease or that the Sublease Item is in danger of being destroyed and the Lessor shall call the Sublessee to the proper use of the Sublease Item and give the Sublessee a reasonable period of time to remedy the situation and warn the Sublessee of the possible consequences of not obeying the call;
      2. the Sublessee is more than five (5) days in arrears with the payment of the Sublease Fee (including VAT).
      3. the Sublessee transfers the Subject of the Sublease or a part thereof to the use of third parties without the Lessor’s prior written consent.
    3. The Sublessee is entitled to terminate the Sublease Agreement of a one-time event (which is not based on long-term cooperation) without notice, under the following conditions:
      1. if a written notice of termination of the agreement – cancellation of the sublease is delivered to the Lessor more than 30 days before the commencement of the One-Time Event, the Sublessee is not obliged to pay any cancellation fee;
      2. if the written termination of the agreement is delivered to the Lessor between 30 days and 14 days before the commencement of the One-Time Event, the Sublessee is obliged to pay a cancellation fee of 30% of the total amount of the agreed Sublease Fee (for all hours);
      3. if the written notice of termination is received by the Lessor 14 days or less before the commencement of the One-off Event, the Subtenant shall pay a cancellation fee of 50% of the total amount of the agreed Rental Fee (for all hours)
    4. If the Sublessee does not use some of the agreed times of the Regular Sublease (for example, due to illness), the Subtenant is obliged to pay for them.
    5. Upon expiration of the Sublease Term or upon termination of the Sublease Agreement for any reason, the Sublessee shall deliver the Subleased Item to the Lessor in the condition in which it was received, taking into account normal wear and tear due to proper use in accordance with the Sublease Agreement.
    6. The Parties agree that Section 2315 of the Civil Code on compensation for taking over the customer’s base shall not apply.
    7. Notice under this Article shall be in writing and shall state the reason for the notice. The notice shall be effective upon delivery thereof to Sublessee.
  1. INTERACTION AND MUTUAL COMMUNICATION
    1. The Parties undertake to cooperate with each other and to provide each other with all information necessary for the proper performance of their obligations. The Parties are obliged to inform the other Party of any facts which are or may be relevant for the proper performance of the Sublease Agreement.
    2. All notices between the Parties relating to the Sublease Agreement, or to be given pursuant to the Sublease Agreement, shall be in writing and delivered to the other Party either in person or by email to the email address set forth in the Sublease Agreement, with the recipient must acknowledge receipt of the e-mail message, failing which the e-mail message shall be deemed not to have been delivered, or by registered letter or other form of registered mail to the address set out in the Sublease Agreement, unless otherwise specified or agreed between the parties.
    3. Notices shall generally be deemed to have been delivered three (3) business days after they are verifiably sent, except for the delivery of an email, which shall be deemed to have been delivered on the date of the other party’s acknowledgement of receipt of such email.
  1. FINAL PROVISIONS
    1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
    2. If the relationship established by the Sublease Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
    3. Any amendments and additions to this Agreement may only be made by written amendments to the Agreement, whereby the exchange of e-mail or other electronic messages shall also be deemed to be in writing, provided that the other Party confirms the amendment or addition to this Agreement using e-mail or other electronic messages.

Prague, 20.11.2023