JUDr. Ing. Martina Kačerová

Terms and Conditions

General Terms and Conditions

of the Real Estate Agency Caring Real Estate

 

These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are drafted in accordance with the provisions of § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, and the provisions of Act No. 39/2020 Coll., on Real Estate Brokerage:

Business Company (Real Estate Broker):

Caring Real Estate s.r.o. U první baterie 2046/47, Břevnov, 162 00 Prague 6 Company ID: 23758945 Company registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 432 435 E-mail: info@caringrealestate.cz

(hereinafter referred to as the “Real Estate Agency”)

I. Introductory Provisions

1. These general terms and conditions (also referred to as “GTC”) regulate the mutual rights and obligations of the contractual parties in connection with the conclusion of a real estate brokerage agreement between:

the Real Estate Agency Caring Real Estate s.r.o., with registered office at U první baterie 2046/47, Břevnov, 162 00 Prague 6, Company ID 23758945, on the one hand;

a natural or legal person (hereinafter referred to as the “Customer”) on the other hand.

2. These GTC define the rights and obligations between the Real Estate Agency and the Customer and supplement the real estate brokerage agreement. Deviating provisions in the real estate brokerage agreement shall take precedence over the provisions of these Terms and Conditions. 3. By entering into a contractual relationship with the Real Estate Agency, the Customer agrees to the use of remote communication means (in particular e-mail, telephone, SMS, online platforms, etc.) in concluding the real estate brokerage agreement. 4. These Terms and Conditions shall also apply to real estate brokerage agreements concluded between the Real Estate Agency and the Customer outside the business premises of the Real Estate Agency.

II. Status of the Contractual Parties

1. The Customer is considered an entrepreneur if the real estate brokerage agreement specifies a Company ID and billing details, or if it is apparent from the circumstances that the services of the Real Estate Agency are used within their business activities or in direct connection with them; in such a case, the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended, or the provisions of the Civil Code on consumer contracts do not apply to the contractual relationship. The Customer is considered a consumer if they do not meet the conditions of an entrepreneur, i.e., they use the services of the Real Estate Agency outside the scope of their business activity; in such a case, the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended, and the relevant provisions of the Civil Code on consumer contracts shall apply to the contractual relationship. 2.The Real Estate Agency declares that it meets all conditions set by legal regulations for conducting business in the field of real estate brokerage, particularly the requirements of Act No. 39/2020 Coll., on Real Estate Brokerage and on Amendments to Related Acts (the Real Estate Brokerage Act), as amended. 3. The Real Estate Agency has concluded liability insurance for damages caused by performing real

estate brokerage activities to the extent required by the Real Estate Brokerage Act. 4. The website of the Real Estate Agency contains the current offer of services and properties mediated by the Real Estate Agency. 5. The information provided on the website is for informational purposes only and does not constitute a proposal to conclude a contract within the meaning of § 1731 of the Civil Code. 6. A person who is approached by the Real Estate Agency as part of mediating the conclusion of a real estate contract does not automatically become a Customer of the Real Estate Agency.

III. Real Estate Brokerage Agreement

1. The Real Estate Agency is authorized to provide real estate brokerage, i.e., services consisting of mediating the conclusion of a contract for the acquisition of ownership rights to real estate or other rights entitling the use or enjoyment of real estate, apartments, or non-residential premises, including the mediation of the transfer of membership rights in a housing cooperative (the “real estate contract”), in accordance with Act No. 39/2020 Coll., on Real Estate Brokerage, as amended. 2. A real estate brokerage agreement (hereinafter referred to as the “Agreement”) means a written agreement concluded between the Broker and the Customer, the subject of which is the provision of real estate brokerage services pursuant to Article III, point 1 of these GTC. 3. The Agreement may be concluded in written form or remotely via means of distance communication; in both cases, the Agreement must be made in writing and signed by both contractual parties, and in the case of remote conclusion, a recognized electronic signature within the meaning of Act No. 297/2016 Coll., on Trust Services for Electronic Transactions, as amended, is sufficient. 4. The Agreement always includes: a) identification of the subject of transfer or the subject of use or enjoyment, b) the purchase price, rent, or other remuneration, or the method of its determination, if the real estate contract is remunerative, c) the amount of the commission or the method of its determination. 5. Unless the parties agree otherwise, agreements concluded remotely shall be sent to the e-mail addresses mutually provided by the parties for this purpose; parties may use other means of online communication for sending the Agreement only if expressly and demonstrably agreed in advance. 6. The Real Estate Agency is entitled to a commission for its activities under the Agreement. The amount and due date of the commission is always specified in the Agreement. The Real Estate Agency may request an advance on the commission, which shall not exceed two-thirds of the agreed commission if the Customer is a consumer. 7. The commission is payable on the day of the conclusion of the real estate contract unless otherwise stipulated in the real estate brokerage agreement. 8. If the real estate brokerage agreement with a Customer in the position of a consumer is concluded for an indefinite period, the notice period may, in accordance with legal regulations, be a maximum of one month.

IV. Real Estate Brokerage

1. The activity of the Real Estate Agency under the Agreement consists in finding a person interested in concluding a real estate contract with the Customer and in providing related services leading to the conclusion of the real estate contract. 2. This activity includes in particular the following services: a) provision of advertising services, b) assessment of the condition of the property and preparation of a proposed offer price, c) preparation of marketing for the property, d) arrangement of property viewings, e) procurement of construction-technical documentation related to the property,

f) mediation of the provision of legal services, g) mediation of escrow for the purpose of securing performance under the real estate contract,

and possibly other activities as agreed by the parties. 3. The contractual parties are entitled to individually specify, extend, or limit the scope and specific content of the services under paragraph 2 in the Agreement according to the Customer’s needs and the nature of the mediated real estate contract.

V. Exclusive Real Estate Brokerage

1. If explicitly agreed in the Agreement with respect to a specific subject of transfer or subject of use or enjoyment, the Customer undertakes for the duration of the Agreement not to use the services of another real estate broker for mediating the conclusion of a real estate contract and not to conclude the real estate contract themselves with a person they have found (hereinafter referred to as “exclusive brokerage”). In the case of exclusive brokerage, the Real Estate Agency is entitled to a commission even if the Customer concludes the real estate contract with a person not found by the Real Estate Agency, unless it is a person with whom the Customer has demonstrably negotiated the conclusion of a real estate contract prior to concluding the real estate brokerage agreement with the Real Estate Agency, and this person was notified to the Real Estate Agency in writing no later than upon the conclusion of the Agreement. 2. In the event of a breach of the exclusive brokerage obligation by the Customer, the Real Estate Agency is entitled to a commission in the amount and under the conditions agreed in the Agreement, even if the real estate contract was concluded through another real estate broker or by the Customer themselves. The Real Estate Agency is entitled, instead of the commission, to claim damages if it proves that due to the breach of exclusive brokerage it suffered damages exceeding the amount of the commission. 3. The agreement on exclusive real estate brokerage may become effective no earlier than the day of conclusion of the real estate brokerage agreement between the Real Estate Agency and the Customer and concerning the same subject of transfer or subject of use or enjoyment. 4. Exclusive brokerage may be agreed with a Customer in the position of a consumer only for a fixed term, but no longer than six months. This period may be extended repeatedly by agreement of the contractual parties. An extension may be agreed no earlier than 30 days before the expiry of the agreed period.

VI. Digital Content and Other Services

1. Products

The provisions of these Terms and Conditions also apply to digital content and other services provided by the Real Estate Agency as defined below:

(i) Mass Online One-Time Events / Online Workshops, Congresses, or Lectures Online one-time events, online workshops, or congresses (with or without recording) will be delivered according to the conditions specified in the service description on the web interface or individually agreed. The Customer acknowledges that by purchasing this product, the Real Estate Agency reserves a place that cannot be occupied by another participant, and in case of non-participation of the Customer for reasons on their part, the date is forfeited and the Real Estate Agency is entitled to the full price of the product. The Real Estate Agency may provide the Customer with a recording if the Agency produces such a recording for the event and this is stated in the product description. If it is not stated in the product description, no right to the recording arises.

(ii) Online Consultations In the case of a personal online consultation, the Real Estate Agency is entitled to request payment in advance. Prior to such online consultation (even if it is part of other services or products), it is

possible to request a change of date due to particularly serious reasons on the Customer’s side (e.g., illness) no later than 48 hours before the event. This option may be used only once per product or service; otherwise, the date is forfeited without compensation, and the Real Estate Agency is entitled to the full payment. In exceptional cases, individual arrangements may be requested; however, the right to change is not automatic. This provision does not apply to products and services where group personal or online consultations or online workshops are arranged; in such cases, individual rescheduling of consultations is excluded, and the date is forfeited without compensation. If the online consultation constitutes a legal service, the provisions of Article I apply.

(iii) Materials for Download or Viewing For products downloadable from the web environment (e-books and other PDF materials, audio recordings, webinar recordings, etc.) or viewable from a recording, the provider will send Customers links and other access data allowing them to download or view the purchased product. Full payment of the product or fulfillment of other conditions set by the Real Estate Agency (e.g., filling in data in a form) is a prerequisite for sending such links or access data.

(iv) Online Courses When purchasing an online course, the Real Estate Agency may create a user account for the Customer on the web interface after payment, and access data for this user account will be sent to the e-mail provided by the Customer in the order. If the course is distributed by other means than via the member section, access data to another platform will be provided, or it will be distributed via e-mail or another form reserved by the Real Estate Agency. Upon logging in with the access data, the digital content (online course) will be delivered by granting access to the member section or another platform, usually within three days of payment, unless a specific course start date is set. If it is effective with respect to the content sequence, individual lessons will be made available gradually according to the schedule set by the Real Estate Agency.

2. Additional Conditions for Digital Content and Services

(i) The Customer obtains access to the products after full payment of the specified price, unless otherwise stated in the order form or product description.

(ii) The Real Estate Agency explicitly stipulates that in the case of purchasing a “package” or otherwise discounted or specially assembled product, if not all components of the package are used for reasons on the Customer’s side, the funds paid for these unused components are not refundable; the price is set for the package, not for its (used) parts. The Real Estate Agency is also entitled to set a period or timeframe during which the products included in the package may be used. After the expiration of this period or deadline, the right to use the products or to claim substitute performance is forfeited without compensation.

(iii) If the Real Estate Agency creates user accounts for its Customers to access certain services, the Customer is obliged to maintain confidentiality regarding the access data to their account and not to allow third parties to use them. The Customer also undertakes to keep the information provided in the user account current and accurate.

(iv) These Terms and Conditions also govern the legal relations between the Real Estate Agency and the Customer if the provider provides digital content in exchange for personal data instead of a fee, so-called “lead magnet” (and the provider processes the provided personal data for purposes other than the provision of digital content or fulfillment of its legal obligations).

(v) The Real Estate Agency will provide the Customer with the purchased digital content in the latest version available at the time of concluding the digital content provision agreement with the Customer. Unless otherwise specified in the product description, the Real Estate Agency does not provide updates to purchased digital content, except for updates necessary to ensure that the digital content remains free of defects throughout the duration of the Agreement or for the period specified for

providing the specific digital content by the Real Estate Agency, or for a period that the Customer may reasonably expect.

(vi) Digital content delivered by the Real Estate Agency is provided in completely standard, commonly available formats (for downloadable materials usually in PDF form, recordings in MP3 or MP4 form; videos are usually distributed via the YouTube platform or similar; for online meetings, the Real Estate Agency uses Zoom or similar platforms). Standard equipment is sufficient for using the digital content (hardware with internet connection supporting the mentioned technologies; the digital content formats provided by the Real Estate Agency do not require special hardware or software).

(vii) Through these Terms and Conditions, the Customer is notified in advance within the contractual relationship with the Real Estate Agency (unless they expressly refuse their consent in advance, which they are entitled to) that if the purchased service or product includes a group online lesson or online workshop conducted via a digital platform (Zoom, etc.), the Real Estate Agency may record this lesson or workshop and use it for its further purposes, including distribution via the Internet or email within its business activities. The Customer will always be notified in advance of such a case.

VII. Withdrawal from the Agreement

1. The Customer is entitled to withdraw from an Agreement concluded with the Real Estate Agency if this is provided for in the concluded Agreement, these Terms and Conditions, or the relevant legal regulations, in particular the provisions of the Civil Code and Act No. 39/2020 Coll. 2. The Customer is entitled to withdraw from the Agreement if the Real Estate Agency fails to fulfill the information obligations set by Act No. 39/2020 Coll., in particular the obligation to inform about specific defects and restrictions arising from public registers of which the Real Estate Agency knew or should have known, or the obligation to inform about the amount of the commission or the method of its determination if it was agreed in a real estate brokerage agreement concluded between the Real Estate Agency and a third party regarding the same subject of transfer, subject of use, or enjoyment. 3. A Customer in the position of a consumer, for Agreements concluded at a distance or outside the usual business premises of the Real Estate Agency, has the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement. 4. If the Customer is not in the position of a consumer and has not been properly informed of their right to withdraw from an Agreement concluded at a distance or outside the usual business premises within the 14-day period from the date of conclusion of the Agreement under the previous paragraph, this period is extended by one year. 5. The consumer’s right to withdraw from the Agreement within 14 days does not apply in cases specified in § 1837 of the Civil Code, in particular for service contracts, if the service has been provided with the explicit prior consent of the consumer before the expiry of the withdrawal period. 6. Notice of the exception to withdrawal from a distance Agreement regarding digital content – only if stated in the product description and/or in the product order form; otherwise, this provision does not apply: The Real Estate Agency informs the Customer via its website, and the Customer explicitly consents via the options on the Real Estate Agency’s website that the digital content will be made available immediately after payment of the purchase price. In such a case, the Customer loses the right to withdraw from the Agreement within the 14-day period from the conclusion of the digital content provision Agreement. Due to these particular circumstances, for digital content offered through the Real Estate Agency’s website or other online services, the possibility to withdraw within 14 days from a distance Agreement and to request a refund of the full paid price is excluded. 7. A Customer in the position of a consumer is entitled to withdraw from a digital content provision Agreement concluded at a distance if the Real Estate Agency fails to deliver the digital product immediately after payment or within an additional period set by the Customer (unless a later delivery

date is explicitly stated in the product description). The Customer may withdraw from the Agreement without an additional period only if it is evident from the Real Estate Agency’s statement or the circumstances that the provider will not provide the digital content, or if it follows from the parties’ agreement or the circumstances at the conclusion of the Agreement that performance at the specified time is essential. It is expressly stipulated that this provision does not apply in the case of pre-sales or other cases where a later delivery date is specified. 8. Withdrawal from the Agreement may be sent to the Real Estate Agency by e-mail to the address stated in the header of these Terms and Conditions or in writing to the address of its business premises as indicated in these Terms and Conditions or by another verifiable method. Withdrawal from the Agreement is considered timely if sent to the Real Estate Agency even on the last day of the 14-day period from the conclusion of the Agreement. 9. In the event of withdrawal from the Agreement by the Customer, the Real Estate Agency is obliged to return all payments received from the Customer without undue delay, no later than 14 days from the receipt of the withdrawal notice. This does not apply if the service was provided at the explicit request of the Customer before the expiry of the withdrawal period; in such a case, the Customer is obliged to pay a proportional part of the price corresponding to the extent of the service provided. 10. The Real Estate Agency is entitled to withdraw from the Agreement if, for objective reasons, it is not possible to provide the services under the original conditions, if performance becomes objectively impossible or unlawful, in the event of a material breach of these conditions or the Agreement by the Customer, and further if required by legal regulations. A material breach by the Customer includes, in particular, providing false or incomplete information about the subject of brokerage, failure to cooperate in fulfilling the Agreement, breach of the exclusive brokerage obligation unless otherwise agreed, or conduct contrary to good morals. The Real Estate Agency is also entitled to withdraw from the Agreement in cases specified by legal regulations. 11. Withdrawal from the Agreement by the Real Estate Agency must be made in writing and must contain justification based on reasons stipulated by law or specified in these Terms and Conditions. Withdrawal becomes effective upon delivery of the notice to the Customer. 12. If either party withdraws from the Agreement lawfully for reasons attributable to the other contractual party, this does not affect the right to claim damages or contractual penalty, if agreed.

VIII. Liability for Defects and Complaint Procedure

1. The Customer is entitled to exercise their rights arising from defective performance if the provided performance exhibits a defect or other non-compliance with the order. Rights arising from defective performance are governed by applicable legal regulations, in particular §§ 1914–1925 of the Civil Code. For services, also §§ 2099–2112 of the Civil Code, taking into account the provisions of Act No. 39/2020 Coll. 2. The Customer must report the defect to the Real Estate Agency by e-mail or another verifiable method without undue delay after its discovery. 3. Time limits for reporting defects:

Entrepreneur: Defects can be reported upon receipt of performance.

Consumer: Defects must be reported without undue delay after discovery. Defects may be reported up to 6 months from receipt of performance in accordance with § 1921 of the Civil Code. Rights from defective performance expire within 2 years from receipt of performance according to § 1925 of the Civil Code. For digital content, a warranty period of 24 months applies.

4. The Customer may request defect removal, a reasonable discount, or withdraw from the Agreement. The Customer chooses how to resolve the complaint. However, the Customer is not entitled to withdraw from the Agreement in the case of an insignificant defect. The Real Estate

Agency may refuse the chosen resolution if it is impossible to perform or unreasonably costly relative to the defect or damage caused to the Customer. 5. A reasonable discount is determined as the difference between the value of the performance without defects and the defective performance provided to the Customer. If the service is provided over a period of time, the period of defective performance is taken into account. 6. Amounts to be returned to the Customer due to defective performance, whether as a discount or upon withdrawal from the Agreement, will be refunded by the Real Estate Agency at its own expense without undue delay, no later than 14 days from the day the Customer exercised the relevant right. 7. The deadline for resolving Customer claims arising from liability for defects, including defect removal, is 30 days; the Real Estate Agency must inform the Customer of the result of the complaint procedure by the end of this period, and if claims cannot be resolved within this period, the Customer must be informed in advance and updated within 30 days on the progress of the procedure. 8. Within 5 business days of receiving a complaint, the Real Estate Agency will confirm to the Customer by e-mail or other contact that the complaint was received, the date of receipt, and the expected duration of the resolution. For in-person complaints, the Real Estate Agency will issue written confirmation stating the date the complaint was made, its content, the method of resolution requested by the Customer, and the Customer’s contact details for information on the resolution. 9. The Real Estate Agency will resolve the complaint, including defect removal, without undue delay, no later than 30 days from receipt. The deadline may be extended by mutual agreement (not unilaterally); in such case, the Real Estate Agency must inform the Customer on the 30th day from receipt about the status of the procedure. If the deadline passes without resolution, the Customer may withdraw from the Agreement. 10. The Real Estate Agency will inform the Customer of the complaint resolution by e-mail or in writing. If the complaint is justified, the Customer is also entitled to reimbursement of necessary expenses incurred in pursuing the complaint. These expenses must be documented by the Customer. 11. Special rules apply to digital content according to §§ 2085a–2085n of the Civil Code. The Real Estate Agency is responsible for ensuring that digital content complies with the Agreement throughout the provision period and that: a) it corresponds to the description, functionality, compatibility, interoperability, and other properties stated in the Agreement, b) it is suitable for purposes for which such digital content is typically used, c) it is provided with accessories and instructions, including installation instructions, d) it complies with updates if the Real Estate Agency provides them under the Agreement. For one-time digital content, the Real Estate Agency is responsible for defects occurring within 24 months from delivery. 12. These complaint rules apply unless special legal regulations provide otherwise. For Customers in the position of consumers, more favorable consumer protection provisions apply. 13. In case of a dispute, the parties will attempt to resolve it amicably. The consumer has the right to contact the Czech Trade Inspection Authority or use alternative dispute resolution through a body for out-of-court settlement of consumer disputes, as further specified in Article X. IX. Measures against Money Laundering and Terrorism Financing (AML)

1. The Real Estate Agency is a obligated person within the meaning of Act No. 253/2008 Coll., on Certain Measures against Money Laundering and Terrorism Financing, as amended (hereinafter “AML Act”). 2. In accordance with the AML Act, the Real Estate Agency is obliged, for certain legally defined transactions (before their execution), to identify and verify Customers and obtain information about the purpose and intended nature of the business relationship. The Customer is obliged to provide the Real Estate Agency upon request with truthful and complete information and documents necessary for identification and verification under this Act.

3. The Real Estate Agency informs the Customer that refusal to provide requested information and documents or providing false or incomplete information may lead to refusal to conclude the Agreement or termination of the contractual relationship by the Real Estate Agency. 4. In case of suspicion of money laundering or terrorism financing, the Real Estate Agency is obliged to report such facts to the Financial Analytical Unit of the Ministry of Finance of the Czech Republic. 5. The Real Estate Agency is entitled to request, in particular, the following information and documents (specific required information and documents will be communicated to the Customer before concluding the transaction):

Valid identity documents of natural persons

For legal entities, documents proving existence (usually an extract from the commercial register, etc.) and identity documents of persons authorized to act on behalf of the legal entity

Information on the origin of financial resources

Information on the purpose and nature of the business relationship.

6. In accordance with legal regulations, the Real Estate Agency must retain these documents and information for at least 10 years after the termination of the business relationship with the Customer.

X. Final Provisions

1. The Real Estate Agency provides services to the extent and in the manner described on its website and further as agreed with the Customer. 2. The Real Estate Agency is the author and copyright holder of the website and materials created for the execution of the Agreement (especially photos, videos, etc.), if they have the character of a copyrighted work. Use of the work without the Real Estate Agency’s consent or any other unauthorized exercise of rights to the works is prohibited. 3. For out-of-court settlement of consumer disputes (ADR) arising from the Agreement, the competent authority is: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, e-mail: adr@coi.cz, website: adr.coi.cz. The online dispute resolution platform at https://consumer-redress.ec.europa.eu/index_cs can also be used for disputes between the Real Estate Agency and the Customer arising from the Agreement, in case it is a consumer dispute. 4. Any product or Real Estate Agency reviews on the website originate from a person who has actually used the Real Estate Agency’s service. 5. Deviating provisions from these Terms and Conditions may be agreed in the real estate brokerage Agreement concluded between the Real Estate Agency and the Customer. Deviating provisions in the Agreement take precedence over the provisions of the Terms and Conditions. 6. Provisions on personal data protection and cookie handling can be found in other sections of the website. 7. The Real Estate Agency may amend or supplement these Terms and Conditions, and such changes become effective upon publication of the new Terms and Conditions on the Real Estate Agency’s website. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms and Conditions. 8. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it will be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. 9. The contractual relationship between the Real Estate Agency and the Customer, including these Terms and Conditions, is governed by the legal system of the Czech Republic. All disputes arising from or in connection with the provision of services will be resolved by the competent courts of the Czech Republic.

These Terms and Conditions enter into force and effect on 1 January 2026.