I. Introductory information on the independent broker and its tied agent
- These Rules of Use of the Portal and Information for Consumers (hereinafter referred to as “PUP”) regulate the relations arising between (i) the operator of the portal www.hyponamiru.cz, i.e., the commercial company Hypo na míru s.r.o., company ID number: 057 36 501, with registered office at Hanusova 1411/18, 140 00, Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 269834, and (ii) the general user who uses or is interested in using the content of the portal.
- The service provided to the general user by the operator consists of providing information, business contact information and preliminary offers for the purpose of potentially establishing cooperation with a mortgage specialist in the field of consumer housing credit, with the goal of finding the most suitable and advantageous consumer housing credit offer for the general user.
- The company Hypo na míru s.r.o. is also listed as a consumer credit broker for housing, as it brokers these loans as a tied agent registered in the register of the Czech National Bank under company ID number: 057 36 501, and at the same time registered under an independent consumer credit broker of commercial company Broker Trust, a.s., company ID number: 264 39 719, with registered office at Hanusova 1411/18, Michle, 140 00 Prague 4.
For more information, please click on the following link: www.brokertrust.cz/proklienty
For a list of regulated and registered financial market entities, please click on the link here.
II. Definition of basic terms
The following terms have the following meaning in the PUP:
a) Portal – a web interface that is accessible to the General user on the internet at www.hyponamiru.cz. This interface is capable of collecting General user Inquiries and comparing offers from the most common mortgage providers by means of a software product, the mortgage calculator.
b) Operator and/or tied agent – commercial company Hypo na míru s.r.o., company ID number: 057 36 501, Hanusova 1411/18, 140 00, Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 269834.
c) Independent broker – commercial company Broker Trust, a.s., company ID number: 264 39 719, with registered office at Hanusova 1411/18, Michle, 140 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 7141.
d) General user – any visitor to the Portal who is interested in using the Portal’s features and who chooses to use the Portal’s content/features in accordance with these Terms.
e) Consumer – any person who, outside the scope of their business activity or outside the scope of their independent professional activity, signs a contract with an entrepreneur or otherwise deals with them.
According to this statutory definition, the General user will in almost every case also be a consumer to whom the independent broker and the tied agent have additional information obligations, which are presented in Article VI of the PUP.
f) Adviser – a special user of the system linked to the Portal (mortgage specialist) who uses the Portal’s features and content (mortgage calculator) to obtain contacts of General users in order to present the terms and conditions of consumer housing credit. This is based on the granting of a separate consent to the processing of personal data by the General user.
g) Inquiry – a structured request from a General user made through the Portal to receive information or an offer regarding a consumer housing credit. The General user does so via the “compare mortgages of all banks” button on the homepage of the Portal.
h) Offer – The General user is contacted by the Adviser in person, by telephone or in writing to obtain more information about the needs of the General user and to subsequently introduce the terms and conditions of the providers of consumer housing credit and potential start of cooperation in the field of brokerage of consumer housing credit.
III. Use of Portal services
- To use the content of the Portal (in particular, to receive the Offer), the General user must submit an Inquiry by filling out the following mortgage calculator tables:
- Value of the property
- Amount of the loan
- Repayment term
- Fixation
- Contact information (name and surname, postcode, e-mail address, telephone number)
- By confirming the option “compare mortgages of all banks”, the General user declares that they have read and understood the PUP and agree to them, that they are competent and that the aforementioned information provided by them are true.
IV. Rules for the provision of services
- The General user declares that they will not use offensive, abusive, vulgar, racist, unethical, indecent or other inappropriate expressions, texts, images or similar content when using the Portal. Furthermore, the General user declares that they will not insert advertising and other promotional texts and similar content, advertising e-mails, and Internet links promoting other servers with similar content.
- By submitting an Inquiry, the General user agrees, among other things, to cooperate with the assigned Adviser and/or the Operator for the purpose of arranging a consumer housing credit contract between the General user and the consumer housing credit provider. The created Inquiry of the General user remains anonymous for other General users for the entire duration of the use of the Portal service.
The General user acknowledges that the consent to the processing and disclosure of their personal data to the Advisers will be given separately.
For this purpose, the General user will be presented with the consent to the processing of personal data separately and will be provided with additional information in the form of Operator’s Privacy policy. - The Advisers and/or the Operator respond to the assigned General users’ Inquiries in the system linked to the Portal (mortgage calculator) with Offers created by them.
- The General user is contacted by the Adviser and/or the Operator regarding the provision of the Portal content (mortgage calculator) based on the Inquiry created by them, the consent to the PUP and the separate consent to the processing of their personal data.
- All Inquiries and Offers uploaded to the Portal are non-binding and informative.
- The General user is hereby informed of the fact that the data entered by them will be forwarded by the Operator to the Advisers within the internal rules of assigning Inquiries. However, this data will always be provided proportionately to achieve its processing purpose, i.e., to facilitate the possibility of starting cooperation with an Adviser in order to find an optimal offer of a consumer housing credit. This data will only be provided after the General user has consented to this procedure via separate consent to the processing of personal data.
- The Portal (mortgage calculator) compares the terms and conditions of consumer housing credit from the most common providers of consumer housing credit. The General user acknowledges that this comparison of offers is only informative, as the mortgage calculator used to compare data from consumer credit providers is not able to react immediately to all changes in the offers for consumer housing credit.
V. Responsibility of the operator
- The General user acknowledges that the content of the Portal is for informational purposes only and also acknowledges that the Operator cannot objectively provide or be directly responsible for the accuracy and completeness of the information contained in the outputs of the Portal (mortgage calculator).
- The Operator is not responsible for the activities of the General users in connection with the use of the Portal content or the manner of its use. The Operator is not responsible for any misuse of this content by the General users, Advisers or third parties. The Operator shall not be liable for any damages incurred by the General users or third parties as a result of the use of the content of the Portal (mortgage calculator), the impossibility to use the content of the Portal (mortgage calculator) or in connection with this impossibility. The Operator shall not be liable for the compliance with the obligations that arise between General users and Advisers. The General user expressly agrees to and acknowledges the aforementioned information.
- The General user acknowledges that the Operator cannot objectively guarantee 100% functionality or error-free operation of the Portal content, due to the technical complexity of the processes that take place within the Portal.
- The General user acknowledges that the Portal also contains a mortgage calculator (computer program) that provides the General user with the requested information, and the General user acknowledges that any calculations displayed are for information and guidance only.
VI. Information for consumers
- As the Operator intends to provide services to the General users and to address their requests to the greatest extent possible while maintaining professional care, the Operator hereby provides the General users with contact details in case of complaints or requests for further information.
- The contact details for the tied agent and the independent consumer credit broker to handle complaints or provide further information in the field of consumer housing credit (brokered directly by a tied agent) are as follows:
A/ Tied agent:
Delivery address: Hypo na míru s. r. o., Hanusova 1411/18, Michle, 140 00 Prague 4
E-mail: info@hyponamiru.cz
Telephone: +420 734 688 388
B/ Independent broker:
Delivery address: Hanusova 1411/18, Michle, 140 00 Prague 4
E-mail: centrala@brokertrust.cz
Telephone number: +420 267 912 730 - For more information about the independent broker and the tied agent:
A/ Information about the independent broker:
Independent broker: Broker Trust, a.s.
Responsible person: Ing. Martin Pleštil
Delivery address: Hanusova 1411/18, Michle, 140 00 Prague 4
Registered office: Hanusova 1411/18, Michle, 140 00 Prague 4
Information about registration in the Commercial Register: Municipal Court in Prague, Section B, File 7141, company ID number: 264 39 719
E-mail: centrala@brokertrust.cz
Telephone number: +420 267 912 730
Registration number in the *registru zprostředkovatelů ČNB*: 26439719
B/ Information about the tied agent for the independent broker:
Tied agent: Hypo na míru s.r.o.
Legal representative: Miroslav Majer
Person representing tied agent (worker): Miroslav Majer
Delivery address: Hanusova 1411/18, Michle, 140 00 Prague 4
Registered office: Hanusova 1411/18, Michle, 140 00 Prague 4
Information about registration in the Commercial Register: Municipal Court in Prague, Section C, File 269834, company ID number: 057 36 501
E-mail: info@hyponamiru.cz
Telephone number: +420 734 688 388
Registration number in the registry of brokers of ČNB: 05736501
The independent broker and its tied agent are registered in the registry of brokers of maintained by the Czech National Bank (CNB) and their registration can be verified on the CNB website: (https://apl.cnb.cz/apljerrsdad/JERRS.WEB45.LOGIN_A?p_lang=cz&p_err=8).
Upon request, the independent broker shall provide the General user with a certificate of its registration in the aforementioned register. The independent broker represents the consumer credit providers (see http://www.brokertrust.cz/produkty/).
- Neither the independent broker nor the tied agent facilitates credit products as an independent person pursuant to Section 81 of Act No. 257/2016 Sb., on Consumer Credit.
- Neither the independent broker nor the tied agent facilitates credit products in a manner in which it provides advice pursuant to Section 85 par. 1 of Act No. 257/2016 Sb., on Consumer Credit, and therefore does not perform an analysis pursuant to Section 85 par. 1 points (a) and (b) of Act No. 257/2016 Sb., on Consumer Credit.
- Pursuant to Section 93 par. 1 point (f) of Act No. 257/2016 Sb., on Consumer Credit, the amount of the commission, which is directly dependent on the actual amount of the loan drawn down, is yet unknown. The amount of the commission will be disclosed subsequently in the pre-contractual information provided pursuant to Section 94 of Act No. 257/2016 Sb., on Consumer Credit. If the General user submits a request for information pursuant to Section 93 par. 1 point (h) of Act No. 257/2016 Sb., on Consumer Credit, this information will be provided on the basis of their written request sent to the correspondence or electronic address of the independent broker stated in paragraphs 2 and 3 of this section.
- Pursuant to Section 93 par. 1 point (g) of Act No. 257/2016 Sb., on Consumer Credit, the tied agent hereby discloses that they may not simultaneously receive remuneration or an incentive from a General user who is a consumer and from a consumer credit provider or a third party.
- Neither the independent broker nor the tied agent may bind the formation of the consumer credit brokerage contract to any additional service.
- The activities of an independent broker and tied agent are subject to supervision by the Czech National Bank. Complaints about the conduct of the independent broker and tied agent may be lodged to the contact address stated in paragraphs 2 and 3 of this section and, if the complaint is not resolved to the complainant’s satisfaction, also with the Union of financial brokerage and consulting companies (www.usfcr.cz) and last but not least, with the Czech National Bank, Na příkopě 28, 115 03 Prague 1, tel. 224 411 111. The complainant may also appeal to an out-of-court dispute resolution body, i.e., the Financial Arbitrator, Legerova 69, 110 00 Prague 1, tel. 257 042 094.