Users terms and conditions
TERMS AND CONDITIONS FOR SERVICE ON THE WEBSITE WWW.LOVEMALTABOOKINGS.COM (HEREINAFTER THE „WEBSITE“)
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the "Terms and Conditions") govern the mutual rights and obligations in accordance with Section 1751 par. 1 of the act no. 89/2012 Coll., civil code, as amended, (the „Civil Code“ hereinafter ) between Jan Herzán, Id. No.: 03495850, place of business: Pod Svahem 1520/14, 14700 Prague 4 – Braník (hereinafter the "Provider"), and natural persons and legal entities, i.e. users of the Website (hereinafter the "User"), established by a service contract (hereinafter the " Contract") entered into between the Provider and the User. These Terms and Conditions also govern the rights and obligations for the use of the Website and other related legal relationships.
1.2. Contract and the Terms and Conditions are drafted in the Czech and English language. In case of any discrepancies, the Czech version shall prevail.
1.3. User and the Provider can conclude a Contract that may differ from these Terms and Conditions
2. CONCLUSION OF THE CONTRACT
2.1. User shall propose the conclusion of the Contract by completing the registration form at the Website and sending these data to the Provider by clicking the „ Sign Up“ button (hereinafter the „Order“). Data provided by the User in the Order must be correct and appropriate.
2.2. Following the delivery of the Order to the Provider, the Provider will send the information necessary to launch a user account (hereinafter the "Acceptance") to the e-mail address specified by the User in their registration (hereinafter the "User Address"). Contract shall be deemed concluded upon delivery of the Acceptance to the User.
2.3. User agrees that the Provider may start providing services under the Contract immediately after its conclusion.
2.4. User acknowledges that the Provider is not obliged to conclude the Contract (he may refuse to register the User), this especially applies to persons who have materially breached a previous contract with the Provider before (including Terms and Conditions).
2.5. User agrees to use remote communication means for conclusion of the Contract. Costs incurred by the User for using the means of remote communication in relation to the conclusion of the Contract (e.g. the cost of Internet access) shall be carried by the User.
2.6. The Contract represents legal basis for provision of place and opportunity to find or offer accommodation. The Provider does not provide any accommodation services and is not liable in any way for any accommodation offer located on the Website and he is also not responsible in any way for any communication between Users.
3. USER ACCOUNT
3.1. Based on User’s registration on the Website, the User may access the Website through a user interface. Within their user interface, the User can maintain and update their data (hereinafter the "User Account"). Within the User Account, the User can furthermore send and receive message to/from other Users and attach various attachments to such messages. The User is fully responsible for the content of his messages and is obliged to report any illegal content to the Provider. The Provider does not monitor or process the messages in any way outside of storing it on his server. All messages will be automatically deleted in 5 days.
3.2. User Account of the User will be opened following the conclusion of the Contract. In order to launch a User Account, the Provider requires the User to submit the information sent to User’s e-mail address.
3.3. The User is required to maintain and promptly update their personal data provided in the User Account, in case they change in any way. Each User can only have one User Account.
3.4. Access to the User Account is secured by a username (e-mail address) and a password. The User is required not to disclose any information needed to access their User Account and acknowledges that the Provider shall not be held liable for any breach of this obligation by the User. The User is not entitled to allow access to his User Account to any third party.
3.5. Provider may prevent the User from using their User Account, especially if the User violates their obligations established by the Contract (including the Terms and Conditions). The Provider is furthermore entitled to remove any User Account in case it will be not used (logged into) in a period longer than 12 months.
3.6. The User takes into account that the User Account does not have to be accessible nonstop with respect to possible maintenance.
3.7. Registering and using the User Account is free without any fees.
4. TERMS OF SERVICE
4.1. Under the Contract the User is entitled to access their User Account. Within their User Account the User may maintain their data; enter, maintain, and delete information about them; upload, maintain, and delete articles or other information; upload and maintain photos and video recordings; furthermore, the User may also communicate with others through the user interface in a specified way.
4.2. The Provider clearly states that any accommodation offer on the Website is solely created by its author and the Provider does not check its factual credibility, nor is the Provided liable in any way for any accommodation offer located in the Website.
4.3. The Provider is not liable for any financial transactions between Users. This includes any other acts or agreements between Users.
5. USE OF THE WEBSITE
5.1. Within the User Account, the User may not save or disclose information, whose content is contrary to the generally applicable legal rules in force in the Czech Republic and other countries where the Website is available, especially such content whose disclosure to public:
5.1.1. infringes copyright or rights related to copyright of third parties,
5.1.2. infringes the right of privacy of third parties,
5.1.3. violates legal norms aimed at protection of economic competition,
5.1.4. violates legal norms aimed at protection against the hatred of a nation, ethnic group, race, religion, class or other group of persons or restriction of rights and freedoms of its members.
5.2. Access to the User Account is intended solely for the User. User shall not, without the prior written consent of the Provider, allow third parties to use the User Account. If the User violates this obligation and a third party inflicts damage to the Provider, the User commits to compensate the Provider for such damage.
5.3. User acknowledges that the Provider shall not be liable for any offers or messages made by the User while using the User Account.
5.4. User is not allowed to send unsolicited commercial communications within the frame of the User Account. For the purpose of clarity, sending an accommodation offer to a User that used his User Account to show interest in finding an accommodation is not an unsolicited commercial communication. Within the User Account, the User may not distribute information, which strikingly resembles services or applications of third parties in order to confuse or mislead Internet users (phishing). The User may not distribute computer viruses within the User Account (especially within messages). If the User violates any of the obligations set out in this article, he shall be liable for any damages arising from such breach of obligation.
5.5. Within the User Account, the User may not use mechanisms, tools, software or procedures that have or could have a negative impact on the operation of the Website, Internet safety, or safety of other Internet users.
5.6. The User must neither undertake activities aimed at prevention or restriction of operation of the Provider’s server, which the Website operates on, or carry out other attacks on the server, nor assist in such activities to a third party. User may not use the User Account in a way that would unreasonably restrict other Users in use of the Website, or otherwise unduly restrict the Provider. User particularly must not burden Provider's server, on which the Website operates, with automated requirements.
5.7. User acknowledges that the Provider in accordance with Section 5 of the Act No. 480/2004 Coll., on Certain Information Society Services, as amended, shall not be liable for content of the information saved by the User while using the Website and/or the User Account. User further acknowledges that the Provider shall not be liable for any acts of another User.
5.8. In the event that a third party exercises their rights against the Provider in relation to the storage or distribution of information stored or distributed by the User within the User Account, the Provider shall be authorized to remove the content immediately.
5.9. In the event that a third party enforces their rights against the Provider in relation to the performance of the Contract, the User undertakes to hand over all documents and evidence necessary for successful litigation with that third party without undue delay to the Provider.
5.10. In the event that a loss is incurred by the Provider in connection with unlawful conduct of the User, the User is obliged to compensate the Provider for the loss.
5.11. User acknowledges that texts, photographs, graphics and other elements present at the Website or available within the User Account can be as a part and / or as a whole protected by copyright (collectively referred to as "copyrighted works"). Databases located on the Website or available within the User Account are protected by the right sui generis of the maker of the database. Unless agreed otherwise in writing with the Provider, there may only be lawful use of copyrighted works in the extent and manner established by the applicable law. In particular, the User is not allowed to either use the reproduced copyrighted work (copies) in order to achieve direct or indirect economic or commercial advantage, or distribute, lend, display or communicate the works to public (including communication of these to public via the internet). If the User violates any of the obligations set out in this article (5.11), he is liable for any damages arising from breach of obligations.
6. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE CONTRACT
6.1. User acknowledges that software programs that create the Website are protected by copyright. The User undertakes not to engage in any activity that would allow him or a third party to unlawfully use or interfere with computer programs, which the Provider lawfully uses or retains proprietary rights for.
6.2. User further acknowledges that the Provider shall not be held responsible for operation of User’s data network, operation of public data network, operation of User’s hardware, condition of User’s software equipment and potential damages to the software equipment of the User caused by third parties.
6.3. Provider is not bound by any codes of conduct in relation to the User within the meaning of Section 1826 par. 1 lett. e) paragraph 1 of the Civil Code.
8.1. All the necessary information on protection of personal data (incl. commercial messages and cookies) according to Art. 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural person with regard to the processing of the personal data and on the free movement of such data (hereinafter referred to as the “GDPR”) is available here .
9. WITHDRAWAL FROM THE CONTRACT
9.1. User can withdraw from the Contract at any time by deleting his User Account.
10. USE OF THE WEBSITE
10.1. User or any other person using the Website acknowledges that without the prior written consent of the Provider, they are not entitled to use texts, graphic works and other objects of copyright present at the Website.
10.2. When using the Website, the User shall not use mechanisms, software or other procedures that have or could have a negative impact on the operation of the Website.
11.1. Unless agreed otherwise, all correspondence relating to legal acts associated with the Contract must be delivered to the other contractual party in writing - by e-mail. The communications for the User are delivered to the e-mail address specified in their User Account.
11.2. In the case of electronic mail service, a message is deemed to have been delivered upon its reception by the incoming mail server.
12. CLOSING PROVISIONS
12.1. If a relation associated with the use of the Website or a legal relationship arising out of the Contract includes an international (foreign) element, then the parties agree that the relationship shall be governed by the Czech law. By choosing Czech law under the previous sentence, a User, who is a consumer, is not deprived of protection afforded to him by legislature which would be otherwise used under Article 6 (1) of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of dated June 17, 2008, on the law applicable to contractual obligations (Rome I) and from which it is not possible to deviate.
12.2. All disputes arising out of or in connection with the Contract shall be submitted to a respective Czech court.
12.3. Extrajudicial consumer conflicts are solved by the Czech Commercial Inspection, with its seat at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, website: https://adr.coi.cz/cs. Platform for solving consumer conflicts resulting from the Contract on-line is located at: http://ec.europa.eu/consumers/odr.
12.4. European Consumer Centre Czech Republic, with its seat at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact place according to Regulation (EU) no. 524/2013 dated May 21, 2013 on solving consumer conflicts on-line and on changing the Regulation (EC) no. 2006/2004 and the Directive 2009/22/EC.
12.5. If any provision of these Terms and Conditions is or becomes legally invalid or ineffective, such invalid or ineffective provision shall be replaced by a valid and effective provision which comes as close as possible to the meaning of the invalid or ineffective provision. The invalidity or unenforceability of one provision shall not affect the validity of other provisions of the Terms and Conditions.
12.6. User agrees that the Provider may cede the rights and obligations arising out of the Contract to a third party.
12.7. Contract, including Terms and Conditions, shall be filed and kept by the Provider as an electronic file and shall not be publicly available.
12.8. Provider is entitled to provides services of the Website on basis of a trade license and is thus subject of control from the respective Trade Licensing Office. Control over upholding the relevant privacy protection legislature is performed by the Office for Personal Data Protection. Control of upholding the Act. no. 634/1992 Coll., on consumer protection, as amended, is performed by the Czech Commercial Inspection.
12.9. Contact Details of the Provider: email@example.com, address: Jan Herzan, Pod Svahem 1520/14, 14700 Prague 4 – Braník.