General business conditions - accommodation provider
General terms and conditions of services offered through the website www.hladamchatu.sk
I. Introductory provisions and definitions
1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the Provider and any person who is interested in the services offered by the Provider on the Provider's website, i.e. the interested party.
2. Providers for the purposes of these General Terms and Conditions shall mean:
Business name: Mavasto, s.r.o.
Registered office: Južná trieda 1575/48, 040 01 Košice - city district Juh
ID number: 54 406 820
VAT number: 2121655415
Entry: Business register of the District Court Košice I, section: Sro, insert number: 53494/V
Contact details of the Provider:
Email: [email protected]
Number: +421 951 175 870
3. The provider is also the operator of the electronic system through which it operates the website and provides services on the domain named www.hladamchatu.sk (hereinafter also "Website"). Through the mentioned website, the Provider provides its services to Interested Parties.
4. The provider of the services offered through the website is the Provider.
5. An interested party is any person (natural person or legal entity) who has successfully registered on the Provider's website and is interested in advertising their real estate for the purpose of concluding an accommodation contract with third parties as customers.
6. A consumer is a natural person who, when concluding a contract according to these General Terms and Conditions, does not act within the scope of his business activity.
7. Services are services that the Provider offers through the Internet site - this is the mediation of the conclusion of an accommodation contract according to § 754 et seq. Act No. 40/1964 Coll. between the Interested party as the accommodation provider and a third party as the customer, based on the advertisement of accommodation facilities owned by the Interested parties.
8. The contract is understood as the Mediation Agreement, the subject of which is the mediation of the conclusion of the accommodation contract according to § 754 et seq. Act No. 40/1964 Coll. between the Interested party as the accommodation provider and a third party as the customer, based on the advertisement of accommodation facilities owned by the Interested parties. The subject of the contract is also the provision of other related services in accordance with these General Terms and Conditions and the concluded brokerage contract.
9. The competent authority supervising legality in the field of consumer protection is:
Inspectorate of the Slovak Trade Inspectorate with headquarters in Košice for the Košice Region
Vrátna 3
PO BOX A-35
040 65 Košice 1
tel. no. 055/729 07 05, 055/622 76 55
fax no. 055/622 46 95
email: [email protected]
Form for submission of proposals: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
10. In case of any complaints or suggestions, the consumer can address these complaints and suggestions to the Provider, while we recommend that consumers use the Provider's email address to send complaints and suggestions to the Provider: [email protected]. Any complaint will be assessed and dealt with within 10 working days in accordance with the legal order of the Slovak Republic. At the same time, we inform the consumer about its equipment in the same way as the consumer delivered the complaint or initiative to the Provider.
II. Ordering services - conclusion of an agreement on mediation
1. A proposal for the conclusion of an agreement on mediation by the Interested Party is an expression of will of the Interested Party addressed to the Provider, manifested by filling out a form on the Provider's website - that is, a form related to the registration of the Interested Party as an accommodation provider and the creation of a related account on the website, while the content of the form is the Provider the required data and the purpose of which is to express the interested party's interest in entering into an intermediary agreement with the Provider.
2. In order for the Interested Party to be able to register as an accommodation provider on the website, it is necessary to fill in all the required data truthfully. Only a person who is registered on the Provider's website, i.e. who has already created a user account and an account, can register as an accommodation provider.
3. Before filling out and sending the form, the interested party is notified via the website and these General Terms and Conditions (including the Complaints Procedure) of all information regarding the concluded contract, as well as the service itself, which is the subject of the contract, as well as other information in accordance with § 3 of the Act no. 102/2014 Coll.
4. Acceptance of the order by the Provider (i.e. acceptance of the proposal for the conclusion of the contract), and thus the conclusion of the contract, takes place on the basis of an electronic confirmation from the Provider addressed to the Interested Party via the website, which informs the Interested Party that his registration has been accepted and his user account as accommodation provider, was created.
5. The Provider is not obliged to conclude a contract with the Interested Party, while the Provider is not obliged to justify the non-conclusion of the contract in any way.
6. The contract is concluded for an indefinite period.
7. The contract may be terminated by written notice, agreement of the contracting parties or withdrawal from it.
8. Any Contracting Party is entitled to terminate the contract, for any reason or without giving a reason, while the contract expires upon expiry of the 1-month notice period, which begins on the first day of the calendar month following the month in which the termination of the contract was delivered to the other contracting party .
9. Any contracting party may withdraw from the concluded Agreement, if these GTC or relevant legal regulations so stipulate.
10. The Provider is entitled to withdraw from this Agreement, also if:
a) the interested party will violate the obligations according to these GTC
b) the Interested Party's advertisements will contradict legal regulations, public order or good morals,
c) there will be repeated negative reviews and/or complaints about the Applicant and his accommodation from third parties using the Applicant's accommodation as an accommodation provider.
11. In the event that the Interested Party wants to use the services provided by the Provider, not as an accommodation provider, but as a person interested in accommodation, he is obliged to switch the user mode from accommodation provider to accommodation applicant in his user account - in this case, the rights and obligations between him and The Provider is governed by the General Terms and Conditions for those interested in accommodation, with which the Interested Party expressed their consent during the initial registration on the website and when creating a user account.
III. Brokerage Agreement
On the basis of the concluded Mediation Agreement, the Provider is obliged (to the extent ordered and paid for by the Interested Party and under the conditions according to these General Terms and Conditions) to advertise the Interested Party's real estate, in order to conclude an accommodation contract between the interested party and third parties, as well as to provide the Interested Party with other services ordered by him , and all under agreed conditions.
On the basis of the concluded Mediation Agreement, the Interested Party is obliged to pay the Provider the agreed remuneration for the services ordered by the Interested Party, in accordance with the price list, which forms an integral annex to these General Terms and Conditions.
On the basis of the Mediation Agreement concluded with the Provider, the Interested Party is entitled to advertise more of his properties, while the provisions of these General Terms and Conditions apply to each property.
If, on the basis of the Provider's activities, a contract for accommodation is concluded with third parties, the Interested Party as an accommodation provider is obliged to provide accommodation to third parties at the price and to the extent agreed upon with the third parties and to offer them other agreed services. In particular, the interested party is not entitled to request from third parties as customers a higher amount for accommodation than the amount published for accommodation via the Provider's website.
If, on the basis of the Provider's activities, an accommodation contract is concluded with third parties, the Interested Party must act in such a way as not to damage the good name of the Provider.
In the event that the Interested Party violates any of its obligations under point 4 or 5 of this article, the Provider is entitled to withdraw from the concluded Agreement.
IV. Price for services provided by the Provider
1. The Provider provides services to Interested Parties in accordance with the concluded Agreement and these General Terms and Conditions for a fee or free of charge (depending on the specific service), all in accordance with the price list, which is an integral annex to these General Terms and Conditions.
2. The Interested Party pays for the individual services listed in the price list through credits purchased on the Provider's website. The price of one credit is EUR 1 without VAT, while the individual credit packages that can be purchased, as well as the prices for these packages, are published on the Provider's website, where the credits in question are purchased.
3. It is possible to pay for the purchase of credits by non-cash transfer to the Provider's account or by cash deposit to the Provider's account, based on the payment data sent to the Interested Party by the Provider.
4. The Purchased Credits can be used by the Interested Party to pay for services in accordance with the price list in which they are interested, at any time during the validity of the Agreement in connection with any advertisement of the Interested Party that is published on the Provider's website.
5. The Provider may at any time decide to provide Interested Parties with a discount from the prices listed in the price list, as well as determine the amount of this discount, the period and conditions of its duration. The Provider may cancel the discount provided at any time, but never with retroactive effect.
6. The Provider is entitled to unilaterally change the price list, while he is obliged to inform the interested parties about the change by email or via the website, at least 7 calendar days before the day when the price list is changed. In the event of any change to the price list, the Interested Party is entitled to withdraw from the Contract, no later than the day on which the new price list becomes effective.
V. Real estate advertising and account activation
If the Interested Party is interested in advertising real estate on the website, in order to mediate the conclusion of an accommodation contract on the part of the Provider, he is obliged to fill out a form on the Provider's website, through which he will publish the advertisement of the real estate on the Provider's website.
When filling out the form according to point 1 of this article, the Interested Party is obliged to truthfully state all required data and information.
The advertisement filled in by the Interested Party according to this point is subject to approval by the Provider, who approves or disapproves the form within 48 hours of its completion and sending by the Interested Party. The provider is entitled to refuse approval of the form for any reason, in particular:
a) the form contains false or incomplete information,
b) the form contains provisions and data that are contrary to legal regulations, public order or good morals,
c) the form contains photos in the wrong format or photos that are blurred or do not provide a complete and objective image of the property that is the subject of the advertisement.
In the event that the ad contains incorrect, false or incomplete data or any other reason for rejection by the Provider, the Provider may contact the Interested Party by email or telephone, with the aim of removing errors in the ad and correcting it.
Accommodation prices, accommodation dates, arrival and departure times, as well as any other data and conditions relating to accommodation, real estate and accommodation contracts are determined by the Interested Party himself, and the Provider is not responsible in any way for the correctness or content of this data.
In order for the Applicant's advertisement to be filled out and sent for approval by the Provider and its subsequent publication on the Provider's website, the Interested Party must have an activated account. Account activation is charged according to the price list, which is attached to these General Terms and Conditions. The activation of the account is valid for 1 year, and after the expiration of the mentioned period, its repeated activation is required. Without an activated account, the Interested Party is not allowed to publish advertisements or use other services according to these GTC and the concluded contract.
VI. Accommodation contract and disclaimer of the Provider
The result of mediation according to these GTC is an accommodation contract concluded between the Interested party as the accommodation provider and a third party as the customer.
Any legal relationships between the Interested Party as an accommodation provider and a third party as a customer, which result from the concluded accommodation contract or are related to it, are exclusively legal relationships between the Interested Party and the third party.
The provider is not a party to the accommodation contract and is in no way responsible for the fulfillment of the obligations of the individual parties to the contract, as well as for any damage incurred by any of the parties to the contract.
For the removal of any doubts, the Provider declares and informs the Interested Parties that it is exclusively an intermediary that carries out activities aimed at enabling the Interested Party, as an accommodation provider, to conclude an accommodation contract with a third party, and that the Provider is not responsible for the conclusion of the contract in question, nor for its content and fulfilling the obligations arising from it.
The provider is not responsible for website outages caused by third parties.
The Provider is also not responsible for the inability of the Interested Party to properly publish an advertisement for their property, to communicate with third parties (interested in accommodation), as well as for the inability of the Interested Party to use other services that are the subject of the concluded Agreement according to these General Terms and Conditions, if the Interested Party does not meet any of the following requirements:
- Current version of any internet browser
- Internet connection
VII. Use of credits
Credits purchased by the Interested Party pursuant to Article III. of these General Terms and Conditions, the Interested Party can use to order additional services related to the mediation of the conclusion of the accommodation contract, provided by the Provider.
Individual additional services, as well as their price (number of credits for services), are listed in the price list, which is an integral annex to these General Terms and Conditions.
In the event that the Interested Party is interested in using additional services in connection with one of his advertisements published on the Provider's website, he orders the service he is interested in via the website. In order to order the service, the Interested Party must have purchased a sufficient number of credits. After selecting a service and sending a service order, the number of credits for a specific service will be withdrawn from the Interested Party's account, while the service will be provided by the Provider within the time limits, under the conditions and in the manner specified on the Provider's website, in connection with individual services.
The interested party can transfer the purchased credits to this other interested party at any time, based on an agreement with another interested party. In the case of a request to transfer credits to another Interested Party, the Interested Party who wants to transfer the credits is obliged to contact the Provider and provide him with:
a) also the identification data of the Interested Party to whom he wants to transfer the credits,
b) the number of credits he wants to transfer,
c) the date on which he wants to transfer the credits.
Based on the request of the Interested Party according to point 4, the Provider will transfer credits between Interested Parties.
The transfer of credits by the Provider, according to point 4 of this article, is charged with an amount equal to 30% of the value of the credits that are the subject of the transfer, while it is valid that 1 credit has a value of EUR 1.00 without VAT.
In case of termination of the Agreement by any contracting party, for any reason, the Interested Party is not entitled to the return of credits that have not been used by him, as well as the purchase price for these credits. The provision of the previous sentence does not apply if the contract is terminated based on withdrawal from the contract by the Interested Party - in this case, the Interested Party is entitled to a refund of the purchase price of credits corresponding to credits that were not used by the Interested Party on the date of termination of the contract. The Provider is obliged to return the credits to the Interested Party within 10 calendar days from the date of termination of the contract to the account from which the payment for the credits was received.
VIII. Withdrawal of the interested party - consumer, from the contract without giving a reason
1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the date of conclusion of the service contract.
2. If the consumer wishes to exercise this right, the consumer is obliged to notify the Provider of withdrawal from the contract no later than on the last day of the specified period, or submit this withdrawal for postal transport no later than on the last day of the period to the address of the Provider, which is Mavasto, s.r.o., with registered office in Južná tride 1575/48, 040 01 Košice - South district.
3. Withdrawal from the contract can be applied to the Provider in written form or in the form of a record on another durable medium (e.g. e-mail). Withdrawal from the contract can also be done using the Contract Withdrawal Form, which is available on the Provider's website. The consumer is also entitled to withdraw from the contract orally, especially by a clearly formulated statement of the consumer expressing his will to withdraw from the contract. We recommend that the consumer, when withdrawing from the contract, state the date of ordering the services, the service from which he is withdrawing, the name and surname, the address of the Provider and the account number to which all payments made to the Provider from the terminating contract will be returned to him (otherwise, the Provider will return the payment to the consumer for the service in the same way that the consumer used for his payment).
4. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other.
5. You can use the contract withdrawal form. The mentioned form is freely accessible for inspection and download on the Provider's website.
6. The provider will return the payment for services within 14 days from the date of delivery of the withdrawal from the contract.
7. Due to the nature of the service provided, the consumer will not incur any special costs in case of withdrawal from the contract (as would be the case, for example, in the case of returning goods).
IX. Alternative dispute resolution
1. In the event that the Interested Party who is a consumer is not satisfied with the manner in which the Provider handled his complaint or believes that the Provider has violated his rights, he has the right to contact the Provider with a request for redress. If the Provider responds negatively to the request of the Interested Party according to the previous sentence or does not respond to such a request within 30 days from the date of sending it to the Interested Party, the Interested Party has the right to submit a proposal to initiate an alternative resolution of the dispute in accordance with the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution consumer disputes and amendments to some laws. The competent entity for the alternative resolution of consumer disputes with the Provider is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/; the buyer has the right to choose which of the listed alternative dispute resolution entities to turn to.The interested party can use the online dispute resolution platform available on the website http://ec.europa.eu/ to submit a proposal for alternative resolution of their consumer dispute consumers/odr/. All other information regarding the alternative resolution of disputes between the Provider and the Interested Party - consumer arising from the contract as a consumer contract or related to the contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/ 2015 Coll. on alternative solutions for consumer disputes or about the amendment and addition of some laws.
X. Final Provisions
1. In addition to the general provisions of Act no. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act No. 102/2014 Coll. on consumer protection for the sale of goods or the provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and Act no. 250/2007 Coll. on consumer protection.
2. For contractual relationships (as well as other legal relationships that may result from the contractual relationship) with legal entities, or with natural persons - entrepreneurs, the provisions of Act No. 513/1991 Coll. Commercial Code as amended.
3. These General Terms and Conditions form an integral part of the Complaints Procedure, which is made available on the Provider's website.
4. The provider is entitled to unilaterally change these GTC and their annexes. The Provider is obliged to inform the Interested Party about changes to the General Terms and Conditions or their annexes at least 7 days before the day when the change to the General Terms and Conditions or their annexes becomes effective. In the event of any change to the General Terms and Conditions or their annexes, the Interested Party is entitled to withdraw from the concluded Agreement at any time from the notification of the planned change to the General Terms and Conditions until the 14th calendar day from the effective date of the changes in the General Terms and Conditions or their annexes.
5. These General Terms and Conditions become valid and effective upon their publication on the Provider's website on July 1, 2022.
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