Terms and Conditions of Issue and Usage of Pardubice Card
The main purpose of this website on the Pardubice Card is to give you straightforward information on how to obtain and use the card.
Terms and Conditions of Issue and Usage of Pardubice Card
I. Introductory provisions
These terms and conditions of the issue and usage of a contactless chip card – the Pardubice Card (hereinafter referred to as the "Terms and Conditions" only) correspond to the Sample terms and conditions of the issue and usage of an electronic cash device issued by the Czech National Bank on 28th February 2006 (hereinafter referred to as the "Sample Terms and Conditions" only) with the following exceptions:
1. The issuer allows a Pardubice Card user to verify at least the last operation carried out with an electronic cash device (Pardubice Card) and the cash balance kept on the device immediately upon placing the device in the terminal where the operation was carried out, and also all operations carried out with the electronic cash device in the past month, which can be verified at the Customer Centre at Pernerova 443, Pardubice (ZIP Code 530 02).
2. The issuer is entitled to change these Terms and Conditions without the prior consent of the Pardubice Card user. The Pardubice Card user shall be informed by the issuer on changes in the Terms and Conditions in due time before they take effect on the bulletin board at the issuer's points of distribution and points of sale, and websites. If a Pardubice Card user does not revoke the Agreement on Issue of an electronic cash device within a period of one month before the new Terms and Conditions become effective, upon coming into effect, the new Terms and Conditions are regarded as approved by the user and binding. The full wording of the amended Terms and Conditions shall be published by the issuer at the issuer's distribution points and website.
All relationships between the Issuer and the Pardubice Card user arising from agreements on the issue and usage of an electronic cash device shall be governed by the laws of the Czech Republic. These terms and Conditions of Issue and Usage of Contactless Chip Card – Pardubice Card form an integral part of the Agreement on the Issue of an electronic cash device. Unless stated otherwise within these Terms and Conditions, legal relationships arising from the Agreement between the Issuer and the user of an electronic cash device are governed by Act No. 513/1991 Coll., Commercial Code.
1. Pardubice Card
The contactless chip Pardubice Card is an electronic cash device which is used by the user to make non-cash payments within the Public Transport fare-collection system, payment of services and admission fees where electronic payments are accepted. The Pardubice Card identifies its user and the Issuer with identification data. The data are recorded on the card using flat print or electronically in the card memory. The card is made of plastic and has dimensions of 85 x 54 mm. It contains a chip and a communication antenna. The front side of the card is provided with the card's identification number, the symbol of the City of Pardubice and, where appropriate, with the user's photo, name and surname. The rear side of the card is provided with the Issuer's logo and instructions for the user.
2. Issuer of the Pardubice Card
The Issuer of the Pardubice Card is Dopravní podnik mesta Pardubic a.s., registered office at Teplého 2141, Pardubice, company identification number 63217066 (hereinafter referred to as the "Issuer" only). The Issuer issues the card to individuals or legal entities.
3. Pardubice Card user (hereinafter referred to as the "User" only)
The card user is a person who has been issued a card to be used on the basis on an Application for Issue of an electronic cash device and whose name is stated on the card or in the database under the respective card reference number. For non-personalized cards, the user is the person who holds the card with the intention to use it. The User uses the card for Public Transport fare-collection and for payment at the Issuer's partners who accept electronic payments.
4. Points of distribution
Points of distribution are run by the Issuer. These are points where a user may submit an Application for Pardubice Card. These are also the points where the card is collected by the user. The points of distribution also accommodate requests to extend the validity of a card, add electronic data related to card usage on a card, block a card and deal with claims, and physical blocking of a card. The user database is administered by the registered office of the supplier.
5. Points of sale
Points of sale are run by the Issue and other partners of the card Issuer. These are points where a User can use his/her Pardubice Card and use the services of the system partner. Points of sale process lists of blocked cards and carry out physical blocking of a card.
6. Sales Receipt (hereinafter referred to as the "Receipt" only)
A sales receipt is a document informing the user of a performed operation, the balance of advance deposits and balance before and after operations. The Receipt serves as proof for an inspection body and hence it should be kept in case of a claim related to a payment operation.
7. Pardubice Card Account
The card account represents records of an electronic cash device administered electronically on the basis of charging and usage data centralization.
8. Blocking of the Pardubice Card
Blocking is an operation preventing usage of the Pardubice Card in technical equipment. Blocking is reversible.
9. Stoplist or list of blocked Pardubice Cards
The list of blocked Pardubice Cards is a list of cards whose usage is prevented; it is distributed to all points of contact – points of distribution and points of sale in order to block such cards when they are used at the point. The list of blocked cards is regularly updated.
III. Issue of the Pardubice Card
1. The Issuer issues the Pardubice Card in accordance with generally binding legal regulations. The Issuer reserves the right to issue to a physical entity only one valid personalized non-transferable card.
2. The Issuer issues the Pardubice Card on the basis of a filled-in Application for Pardubice Card/Agreement on Issue of Pardubice Card form (hereinafter referred to as the "Form" only) upon fulfilment of the necessary prerequisites for its issue by the Applicant. An Applicant shall fill in the requested data in the Form and submit the filled-in Form to the Issuer at the Issuer's point of distribution. Such filled-in Form is regarded as a proposal to conclude an Agreement on Issue of an electronic cash device. The applicant is responsible for the correctness of the included data and he/she confirms such with his/her signature. For applicants below 15 years of age, responsibility for the filled-in data is borne by a parent or guardian. The Issuer enables the Applicant to view the valid wording of the Terms and Conditions at points of distribution. The Issuer can refuse to issue a card without giving reasons.
3. A contractual relationship between the Issuer and the User is created at the moment of issue of electronic cash; thereby the agreement on issue of an electronic cash device becomes executed and effective.
4. For children younger than 15, submission of the Application shall be done by a parent or guardian.
5. By applying for the Pardubice Card issue and by the issue of electronic cash on the card, the User concludes an Agreement on Issue of an electronic cash device with the Issuer. By signing the Form, the User acknowledges that all payments carried out by the Card will be paid with electronic cash.
6. By signing the Form, the User grants consent to the Issuer or an entity authorised by the Issuer to render the necessary information on usage of the card to their contractual partners and, in case of a fundamental infringement of the Terms and Conditions by the Pardubice Card User, to inform other Issuers.
7. Together with the Form, the User presents his/her identity card or other proof of identity and an authentic colour passport photograph with dimensions 3.5 cm x 4.5 cm. The photo will be returned to the User upon hand-over of the Card.
8. The Pardubice Card shall be collected by the User in person, at the point of distribution where his/her Form was submitted. Unless the User collects his/her card within one year of signing the Form and payment of the fee for the Card issue, the Card shall be discarded.
9. Pardubice Cards belong to the Issuer and are non-transferable (with the exception of those stated in the Issuer's Tariff Terms and Conditions as transferable). The price of card activation for the period of its validity is governed by the Price List valid at the moment of concluding the Agreement.
10. The validity of the card terminates upon lapse of the day which is electronically indicated on the card as the end of its validity. After lapse of the day the Issuer declares the Card to be invalid, unless the validity is extended by the Issuer, of which the User is informed.
11. Issue of the Pardubice Card is upon payment of a fee by the User; its amount is defined in the valid price list. The fee is paid by the User upon submission of the filled-in Form. Services and operations provided with Pardubice Cards are charged according to the price list and Tariff Terms and Conditions valid at the moment of service or operation performance.
12. The Issuer shall not issue any unrequested electronic cash unless it is compensation for the electronic cash device available to the User.
IV. Usage of the Pardubice Card
1. The User shall use the Pardubice Card in accordance with the Terms and Conditions and observe all the principles agreed in order to maintain the safety of the electronic cash device. During each operation the Card User places the card close to the reader, within a communication distance of 5 cm.
2. The payment is carried out by a deduction from the financial balance of the card.
3. The maximum amount of electronic cash saved in the Pardubice Card memory is 3,000.00 CZK.
5. The Issuer does not investigate the correctness of operations carried out by the Card User.
6. Pardubice Card shall be used only in accordance with the valid Terms and Conditions and generally binding legal regulations. The Issuer reserves the right to suspend or annul the right to use the Pardubice Card or to refuse to give consent to certain types of payment operations carried out with the Pardubice Card, and to block the Card.
7. Pardubice Cards are issued by the Issuer only at the points of distribution which are designated and technically equipped thereto. Electronic cash is issued by the Issuer at designated points of distribution and points of sale which are equipped thereto upon previous receipt of cash of the respective value from the User or on the basis of non-cash payment of the respective value. Payment for services provided by the Issuer (or by its business partners) using electronic cash is carried out at points of sale or on Public Transport vehicles which are equipped with on-vehicle fare-collecting terminals, where the User selects the sum of payment (or type of service) either by reporting the subject of a non-cash payment to the operating staff or using the terminal on his/her own and by placing the Pardubice Card in the reader to carry out the payment. A user is issued a Receipt (in paper or electronic form, where appropriate) including, but not limited to, information on the sum paid and the balance of electronic cash. On Public Transport vehicles, the information is displayed on the terminal screen and a paper form of the Receipt is issued at the designated on-vehicle place only.
8. The list of points of distribution designated for the issue of electronic cash (i.e. sale of the Pardubice Card) and topping up with electronic cash (i.e. points of sale):
Customer Centre, Pernerova 443, Pardubice 530 02
Infocentrum, nám. Republiky 1, Pardubice 530 02
Czech Railways station, Pernerovo námestí 217, Pardubice 530 02
9. To ensure the safety and correctness of operations performed using the Pardubice Card, the User shall meet the basic prerequisite of placing the card within range of the terminal reader for a period sufficient to communicate with the terminal, thus the User shall wait until the operation is confirmed by an audio and visual signal or a receipt is printed out or other confirmation made in case a terminal is not equipped with an audio signalling.
10. A Receipt on performed operations can be obtained by the User immediately upon performance of an operation on the fare-colleting terminal using electronic cash or as a summary report for the respective period at the Issuer's points of distribution. The Pardubice Card User is provided with information on each performed operation either on a sales receipt, if it is printed out, or on a terminal screen; otherwise, the User is entitled to request information thereof from the Issuer.
11. The User pays for the issue and activation of the Pardubice Card for the period of its validity. Electronic cash is used for non-cash payments for individual types of operations in accordance with the published tariff system.
12. If a User lends his/her Pardubice Card to another person (in case the Tariff Terms and Conditions of the respective partners within the system allow usage of the card as a transferable card), he/she bears full responsibility for all transactions, damage and costs incurred due to lending the Pardubice Card to the person.
13. Apart from holding and storing the electronic cash device (Pardubice Card) and its usage, no technical requirements are imposed on the User in accordance with the Technical Conditions stated in the valid Claim Procedure.
14. The validity of the electronic cash device (Pardubice Card) is limited for a period of five years from its issue to the User. Information on validity shall be indicated on the Record of electronic cash device handover/takeover or on every document confirming charging of an electronic cash device. Part of the agreement on issue of an electronic cash device confirmed by the Issuer and the User can serve as a record of the electronic cash device handover/takeover.
15. The Issuer shall check the functionality of the electronic cash device (Pardubice Card) upon each activation (charging) at points of distribution and points of sale, and in case it has lost its functionality, shall discard it.
16. Usage of a card is limited by its validity. Validity of the card terminates upon lapse of the day which is electronically indicated on the card as the end of its validity. After lapse of the day, the Issuer declares the Card to be invalid, unless the validity is extended in relation to its extended use by the Issuer, of which the User is informed.
V. The Issuer's Rights and Duties
1. Prior to concluding the Application/Agreement on issue of an electronic cash device, the Issue is entitled to verify the data of the User in accordance with his/her proof of identity (identity card, passport, etc.); if the user refuses verification of the data or to provide the data to the Issuer, this Agreement shall not be concluded.
2. The Issuer is entitled to collect, process and store the personal data of a User for the purpose of maintaining bookkeeping, accounting processing of revenues, recording entitlement to provided discounts, issue of discounted tickets in accordance with the Tariff system, for the purpose of statistical review of passenger transport and transport relationships, and also for the purpose of proving the User's entitlement to his/her claims.
3. The Issuer undertakes, while processing personal data, to observe Act No. 101/2000 Coll., as amended, and to adopt such organizational, technical and personnel measures to ensure compliance thereto.
4. The Issuer undertakes to discard data from his database after the lapse of 5 years from the last operation made with the respective electronic cash device in line with the provisions of Section 20, par. 2 of Act No. 101/2000 Coll. on Personal Data Protection, as amended.
5. In case of infringement of the terms and conditions of this agreement and of the regulation mentioned above, the Issuer is entitled to electronically block the function of an electronic cash device until the User fulfils his/her duties arising from this agreement and the above-mentioned regulation.
6. The Issuer is obliged to block an electronic cash device no later than within 5 working days of the day the loss or theft of the device is reported by the User.
7. The Issuer is obliged to inform the User on changes in the Terms and Conditions by publishing them at all its points of distribution and points of sale.
8. The Issuer bears responsibility for any lost part of funds stored on an electronic cash device (Pardubice Card) and for faulty performance of the operations of a User, if such a loss or faulty performance results from a failure of the device, equipment, terminal or other equipment, while such a failure is not wilfully caused by the User or by his/her behaviour that is in conflict with the terms and conditions.
9. In case of a dispute with the User, the Issuer will prove that the operation concerned has not been influenced by a technical failure or other failure.
VI. The User's Rights and Duties
1. The User undertakes to respect the regulation mentioned in Article IV of these Terms and Conditions while using the electronic cash device (Pardubice Card). While using the electronic cash device at authorised partners within the Pardubice Card system, the User shall respect the business and tariff terms and conditions of the respective service provider – the Issuer's partner within the Pardubice Card system.
2. During interaction with the Issuer, the User undertakes to provide the Issuer with true and undistorted data. In case of changes in the data, the User is obliged to inform the Issuer without undue delay. Students asserting entitlement to a discount shall submit confirmation of their studies prior to the beginning of each school year.
3. In case of loss or theft of an electronic cash device, it shall be reported by the User, to his/her own benefit, in person and without undue delay to the designated point (or by phone with the password, where appropriate).
4. In case an electronic cash device User does not agree to changes in the Issuer's term and conditions, he/she may revoke the concluded agreement with a notice in writing submitted one month before the new Terms and Conditions become effective. In such a case, the validity of the agreement expires when the new Terms and Conditions become effective.
5. For holders aged below 18, the agreement is signed by a parent or guardian, who submits an authentic document to the verify identification data of the underage User.
VII. Conditions for reimbursement of electronic cash
1. Within the validity of an electronic cash device (a personalized Pardubice Card), the Issuer is obliged to carry out reimbursement of electronic cash in its nominal value for coins and banknotes or via a non-cash transfer to a bank account. For non-personalized cards, only in case of credible usage of the payment device (Pardubice Card).
2. There is no minimum value of electronic cash for reimbursement. The necessary costs related to the reimbursement which the Issuer is entitled to charge the User are set out in the Public Transport Tariff.
3. The reimbursement of electronic cash is carried out in person en main propre or to the card User's account or the account of his/her parent or guardian in case the User is younger than 15, where his/her identity shall be credibly proved.
4. The Issuer carries out the reimbursement of electronic cash from the Pardubice Card solely at the Customer Centre at Pernerova 443, Pardubice, ZIP Code 530 02.
VIII. Guarantees and claims
1. The electronic cash device (Pardubice Card) is covered by a 24-month guarantee of its functionality assuming correct and careful usage for the designated purposes.
2. The guarantee does no apply to mechanical, thermal, magnetic or other damage of an electronic cash device (Pardubice Card) caused by incorrect usage or external influences.
3. The User is entitled to express his/her disagreement to a transaction carried out at the Issuer and to make a claim concerning such an operation at any of the Issuer's points of distribution. He/she shall support his/her assertion by all available pieces of proof. Concurrently, a Claim Record shall be filled in, which will be supplemented by copies of his/her pieces of proof (sales receipt, etc.). Acceptance of the Claim Record is confirmed by a point of distribution staff member. A decision to make a claim can also be delivered via an electronic form found on the Issuer's website at www.dpmp.cz; such electronic claims are duly recorded and archived.
4. The User is entitled to make a claim concerning an operation no later than within 30 days of performing the operation.
5. The Issuer shall review the claimed operation no later than within 30 days of the claim date and in case the claim is recognized, the Issuer shall cover the damage incurred by the User.
6. If a faulty transaction in accordance with these Terms and Conditions is unsuccessfully claimed and the card User is not satisfied with such a solution, he/she is entitled to address a financial arbiter who resolves disputes between the Issuers and the Users concerning issue and usage of electronic cash devices in accordance with Act No. 229/2002 Coll. on Financial Arbiters. The proposal for proceedings at the financial arbiter is filed at Washingtonova 25, Praha 1, 110 00.
IX. Loss/theft or impairment of Pardubice Card
1. If the Pardubice Card is lost or stolen or if there is a danger of its misuse, the card User is obliged, to his/her own benefit, to inform the Issuer thereof immediately, either at any of the Issuer's points of distribution in the form of a written report as an Application for blocking / claim of the Pardubice chip card, or, where appropriate, by telephone using the User's password.
2. A written report on a loss/theft shall contain the legible signature of the Pardubice Card User which corresponds to the signature on the Application.
3. If the report cannot be submitted by the User in person, it may be submitted by another person (e.g. a spouse, colleague, etc.). In such case, the Issuer can request such a person to submit a power of attorney certified by a notary public.
4. Upon receiving the information on the Pardubice Card loss/theft or suspicion of misuse, the Issuer shall adopt all reasonable measures to stop further usage of the Card, even if the card User has committed gross negligence or acted fraudulently.
5. While submitting information on the loss or theft of the Pardubice Card, it is necessary to submit data according to which it is possible to identify the card (card number or name of the User). It is necessary to inform about all details the card User is aware of (in exceptional cases to another person) in relation to the loss/theft or suspicion of misuse.
6. The Issuer's Responsibility to block the Pardubice Card at the Issuer and at other partners within the Pardubice Card system starts for the User after five working days following after the day the loss/theft of the Card was reported using the prescribed, aforementioned way, with the exception of cases where the User has acted fraudulently.
7. The User bears responsibility for any financial loss incurred due to loss/theft of the Pardubice Card until the above-mentioned period of the reporting day lapses. In case the User has committed gross negligence, he/she has infringed his/her duties set out within these Terms and Conditions.
8. In case of any damage or fault of the Pardubice Card resulting in the impossibility to use the card (e.g. an electronic fault or mechanical damage, etc.), the User shall submit the damaged card to any of the Issuer's points of distribution, where it will be discarded. Costs related to the issue of a new card and transfer of the balance to a new card shall be settled by the Issuer to the debit of the User in case the damage was caused by the User or the Card lost its functionality after lapse of the guarantee period. The absence of card functionality is considered in accordance with the provisions of the valid Claim Procedure of the Issuer.
X. Discharge of the agreement
1. The agreement is discharged upon agreement of the contractual parties (on the date included in the agreement), a notice by the User or by the Issuer, cancellation of the agreement, dissolution of the organization or the card User, or by discarding of the card by the Issuer.
2. The issuer is entitled to give notice to this agreement on card usage, even without the prior consent of the Pardubice Card user.
3. The notice to the agreement shall be delivered in writing. The notice comes into effect on the day of its delivery to the other party. If the delivery is returned to the Issuer as undeliverable, the notice comes into effect on the day of its return to the Issuer.
4. The User is obliged to return the Card to the Issuer within 15 days of the notice delivery. Within this period, the card is blocked so that it cannot be misused. Throughout this period, until the card is returned to the Issuer, the Issuer shall not be liable for any damage incurred by the User in relation to the Card.
5. In case of gross infringement of the Terms and Conditions of Issue and Usage of Pardubice Card by the card User, the Issuer is entitled to immediately withdraw from the agreement, even without notifying the card User in advance.
6. In justified cases, especially if there is an imminent danger of damage, the Issuer is entitled to block the card immediately and give notice to the Agreement on usage of the card.
These Terms and Conditions come into effect on 15th June 2012.