1. Definitions

 

a) Booking Engine (BE)

 

1.1. “The Booking Engine is a service provided by the Company to the Client

1.2. "Provider” – the Company providing the service

1.3. “Client” is an entrepreneurial legal entity or natural person who is the operator of an accommodation facility (e.g. hotel, hostel, motel, etc.) and is also a contractual partner of the Company that uses the Booking Engine Service. For using the Service, the Client pays the Company an agreed commission or a monthly fee.

1.4. “Customer” is any natural or legal person eligible to enter into a booking agreement with the Client through the Booking Engine

1.5. “Booking Agreement” is the contractual relationship entered into between the Client and the Customer, which in the case of these GTCs is entered into through the Booking Engine. The Booking Agreement represents an innominate contract entered into in accordance with Section 1746, paragraph 2 of the Civil Code.

1.6. “CC” is Act No. 89/2012 Coll., Civil Code, as amended.

1.7. “Agreement” is the Agreement for the provision of the Booking Engine entered into pursuant to Section 1746, paragraph 2 et seq. of the CC between the Client and the Company, to which these GTCs form an integral annex.

1.8. “PCI DSS” (Payment Industry Data Security Standard) is a set of international security standards aimed at preventing the leakage of sensitive data about payment card holders. These are requirements that are transferred to organisations processing, transferring or storing data about payment card holders and transactions.

1.9. “Act” – rights and obligations of the parties in the processing of personal data, which may occur in connection with the agreement, according to Section 34, paragraph 2 of Act No. 110/2019 Coll., on the Processing of Personal Data, as amended

1.10. “Processing agreement and protection of personal data” is a provision for handling and processing personal data in accordance with the law.

10.11. “Personal Data Controller” is the Client who handles personal data obtained from the Online Application

10.12. “Personal Data Processor” is the Provider who processes data for the Controller using online applications.

10.13. “Data subject” is the customer

 

b) Channel Manager (CHM)

 

1.1. “Channel Manager” is a service provided by the Company to the Client. The Company operates a multi-channel program used to optimise the online sale of accommodation facility rooms, where the Company undertakes to open a private space for the Client in its program where the Client can organise the prices and availability of their rooms (hereinafter referred to as organisational space).

1.2. “Client” is an entrepreneurial legal entity or natural person who is the operator of an accommodation facility (e.g. hotel, hostel, motel, etc.) and is also a contractual partner of the Company that uses the Channel Manager. The Client pays the Company an agreed monthly fee for using the Channel Manager.

1.3. “Agreement” is the Agreement for the provision of the Channel Manager Service entered into pursuant to Section 1746, paragraph 2 et seq. of the CC between the Client and the Company, to which these GTCs form an integral annex.

 

c) Voucher Shop (VSP)

 

1.1. “Voucher Shop” is a service provided by the Company to the Client. The company operates an online application enabling the online sale of goods and services separately and independently of the sale of accommodation capacities. (hereinafter referred to as organisation space or e-shop).

1.2. “Client” is an entrepreneurial legal entity or natural person who is an operator and provider of services or business activities in the form of online sales (e.g. hotel, hostel, motel, shop, business unit, etc.) and is also a contractual partner of the Company that uses the Voucher Shop. The Client pays the Company an agreed monthly fee for using the Service.

1.3. “Agreement” is the Agreement for the provision of the Voucher Shop Service entered into pursuant to Section 1746, paragraph 2 et seq. of the CC between the Client and the Company, to which these GTCs form an integral annex.

 

d) Online Check-in (OCHI)

 

1.1. “Online Check-in” is a service provided by the Company to the Client. The company operates an online application enabling an online service in connection with BE or CHM (hereinafter referred to as organisational space).

1.2. “Client” is an entrepreneurial legal entity or natural person who is an operator and provider of services or business activities in the form of online sales (e.g. hotel, hostel, motel, shop, business unit, etc.) and is also a contractual partner of the Company that uses the Online Check-in. The Client pays the Company an agreed monthly fee for using the Service.

1.3. “Agreement” is the Agreement for the provision of the Online Check-in service entered into pursuant to Section 1746, paragraph 2 et seq. of the CC between the Client and the Company, to which these GTCs form an integral annex.

 

e)Wellness & Spa (W&S)

 

1.1. “Wellness & Spa” is a service provided by the Company to the Client. The company operates an online application enabling the online sale of services separately and independently of the sale of accommodation capacities (hereinafter referred to as organisation space).

1.2. “Client” is an entrepreneurial legal entity or natural person who is an operator and provider of services or business activities in the form of online sales (e.g. hotel, hostel, motel, shop, business unit, etc.) and is also a contractual partner of the Company that uses the Wellness & Spa. The Client pays the Company an agreed monthly fee for using the Service.

1.3. “Agreement” is the Agreement for the provision of the Wellness & Spa service entered into pursuant to Section 1746, paragraph 2 et seq. of the CC between the Client and the Company, to which these GTCs form an integral annex.&

 

2. General provisions of BE, CHM, VSP, OCHI, W&S, APP

 

2.1. The Agreement and these GTCs represent the entire agreement between the Company and the Client regarding the provided Booking Engine, Channel Manager, Voucher Shop, Online Check-in, Wellness & Spa and any other application (APP)  and replace all previous written, verbal or electronic agreements regarding the provision of Booking Engine, Channel Manager, Voucher Shop, Online Check-in, Wellness & Spa or other applications between the Company and the Client.

2.2. In the event that the Company accommodates the Client in the form of a concession not specified in these General Terms and Conditions or the Agreement, this concession shall in no case be considered a waiver of the Company’s rights arising from the Agreement or General Terms and Conditions.

2.3. Any amendment to the Agreement or to the GTCs is not binding on the Company unless it is signed by authorised persons of the Company.

 

3. Intellectual property of BE, CHM, VSP, OCHI, WS, APP&

 

3.1. All intellectual property used by the Company related to the Company’s business activities and the provision of the Booking Engine, Channel Manager, Voucher Shop, Online Check-in, Wellness & Spa and any other applications (APP) belong to the Company and no ownership rights are transferred to the Client by this Agreement or GTCs.

3.2. Unless otherwise stated, the software required for the Company’s services, or available for use on the Company’s website, and the intellectual property rights (including copyright) in the content and information of the website are owned by the Company.

3.3. The Company is the sole owner of all rights, legal claims and interests arising from the intellectual property, appearance and user aspect of the website where the Service is available. Therefore, neither the Client nor the Customer is authorised to copy, publish, promote, integrate, use, combine, share or in any other way use the content of the Booking Engine and Channel Manager Service, Voucher, website or the Company’s brand without the express written permission of the Company. Any illegal use or any of the aforementioned actions will be considered a serious violation of intellectual property rights (including copyright).

 

4. a) Rights and obligations of the BE client

 

4.1. The Client is obliged to ensure that the accommodation and any related services are booked for the person making the booking immediately after receiving the booking details from the booking person.

4.2. It always applies that the Booking Agreement is entered into between the Client and the Customer.

4.3. The Client is obliged to ensure that it has a working process in which the Client will be able to check incoming emails several times a day, as well as regularly check the Booking Engine.

4.4. The Client is obliged to immediately inform the Company of any change in their email address or the functioning of their email.

4.5. In the event that the Client is unable to provide accommodation or related services validly booked for the Customer through the Booking Engine, the Client is solely liable to the Customer for any losses or damage.

4.6. In the event of the situation mentioned in the previous point, the Client hereby guarantees to fully indemnify the Company for any losses and damage suffered or borne by the Customer.

4.7. The Client is responsible for providing, ensuring and checking the accuracy of all information provided by the Client to the Company.

4.8. The Client is responsible for the last update of all data for the Company.

4.9. The Client always has direct control over the information and bears all responsibility for its use of the update.

4.10. The Client is fully responsible for the proper implementation of the PCI DSS requirements implemented by the Company for the Company’s management systems and for the protection of usernames and passwords for the system. Especially for checking users with permission to access the credit card details of the people making the reservation.

4.11. In particular, the client agrees:

a) to comply with the security requirements of PCI DSS;

b) to acknowledge its responsibility for the security of cardholder’s data;

c) to acknowledge that the cardholder’s data must be used for the implementation of the transaction, the provision of the fraud control service or for the use required by legal regulations;

d) to acknowledge that these obligations to protect the confidentiality of cardholder’s data will survive the termination of any other contractual arrangements with the Company.

 

4. b) Rights and obligations of the CHM, VSP, OCHI, W&S, APP client

 

4.1. The Client is the only party responsible for the data entered into the organisational space.

4.2. The Client undertakes to provide accurate, complete and up-to-date information about its company, products and services. If it turns out that one or more details provided by the Client is inaccurate, non-specific or incomplete, then the Company reserves the right to interrupt or terminate cooperation with the Client.

4.3. The Client undertakes to comply with all applicable laws and local and national regulations and not to use the services offered by the Company for illegal activities.

4.4. The Client undertakes not to attempt to gain unauthorised access to other computers or networks connected to the Company’s website.

 

5. a) Rights and obligations of the Company (BE)

 

5.1. The Company is obliged to comply with all requirements established by the applicable legal regulations of the Czech Republic.

5.2. In particular, the company is obliged to comply with Act 110/2019 Coll., on the Processing of Personal Data, as amended.

5.3. Any communication or transfer of data by the Company to persons expressly approved for this by third parties must be carried out in accordance with the relevant legal regulations on the processing and protection of personal data.

5.4. Any communication or transfer of data by the Company to persons expressly approved for this by third parties must be carried out in accordance with the relevant legal regulations on the processing and protection of personal data.

5.5. In the case of the Customer’s booking, the Company is obliged to immediately send an email to the Client’s email address, in which it will include the necessary information about the requirements of the third party making the accommodation booking and further contact information.

5.6. At the same time, the Company is obliged to send the Client an email confirming the same data and stating that the Client has also received this data.

 

5. b) Rights and obligations of the Company(CHM, VSP, OCHI, W&S, APP)

 

5.1. The Company undertakes to open a private space for the Client (organisational space) in its program CHM, VSP, OCHI, W&S or APP where the Client can organise the prices and availability of rooms in the accommodation facility and other services.

 

6. a) Payment of BE

 

6.1. Bookings made through the Client’s website or through mobile web applications, a channel or affiliated websites using the Booking Engine and are subject to a commission in the amount of an agreed percentage share of the gross total amount of reservations, or a monthly fee.

6.2. For convenience, the Company may charge the Customer making the reservation upon completion of the reservation a fee equal to the commission paid by the Client to the Company. This situation cannot be considered standard and will be used at the Client’s request.

6.3. If the Company does not collect from the Customer the equivalent of the commission that the Client is obliged to pay for each completed reservation, the Company will bill the Client at the end of each month for commissions from the amount owed for reservations made during the given month.

6.4. All invoices issued by the Company are payable within 15 (fifteen) days from the date of issue. Invoices must have the requisites of a tax document.

6.5. In case of delay by the Client in payment of the invoice issued by the Company, the Client is obliged to pay a contractual penalty in the amount of 0.05% of the owed amount for each day of delay.

6.6. In the event of the Client’s delay in payment of the invoice for more than 15 (fifteen) days, the Company is entitled to immediately stop providing the Booking Engine Service or any other performance.

6.7. In the event that the Customer withdraws from the Booking Agreement, the Company’s right to pay the commission shall not expire.

6.8. The Client is obliged to pay the Company a commission for each entered into Booking Agreement through the Booking Engine Service.

 

6.b) Payment for CHM, VSP, OCHI, W&S, APP

 

6.1. The Client undertakes to pay the amount owed to the Company on a monthly basis based on the agreed monthly fee.

 

6.2. All invoices issued by the Company are payable within 15 (fifteen) days from the date of issue. Invoices must have the requisites of a tax document.

6.3. In case of delay by the Client in payment of the invoice issued by the Company, the Client is obliged to pay a contractual penalty in the amount of 0.05% of the owed amount for each day of delay.

6.4. In the event of the Client’s delay in payment of the invoice for more than 15 (fifteen) days, the Company is entitled to immediately stop providing CHM, VSP, OCHI, W&S, APP or any other services.

 

7. Non-liability of the Company

 

7.1. The Client is responsible for collecting the entire remaining price for booking accommodation or goods and services from the Customer.

7.2. The Company bears no responsibility in the event that the person making the reservation does not pay, refuses or fails to pay the total booked price to the Client or any other costs incurred.

7.3. The Company does not provide a statement regarding the Customer’s ability to pay. Therefore, the Company does not accept responsibility for the Client’s inability to pay for accommodation or related services provided by the Client.

7.4. Further confirmation of the reservation to the Client by email, SMS, fax, direct transmission to other software systems serves only to facilitate orientation, and the Company is not responsible for failure of their delivery and correct interpretation.

7.5. The Company is not responsible for inaccurate information used within the Company’s services, if the Client has checked and confirmed the accuracy of the information provided by the Company.

7.6. The Company is not responsible for any failure or limitation of the Internet, server, software or other technical failures that limit the provision of the Company’s web services.

7.7. The Company does not guarantee to the Customers that the accommodation or related services provided by the Client will take place exactly as stated on the Company’s website.

7.8. The client is obliged to report all complications exclusively to the technical support email support@bookolosystem.com, where we can guarantee the response time and resolution of the request. Other communication channels do not guarantee a timely solution, and the Company is therefore not responsible for reports sent anywhere other than email support.

7.9. The Company is not responsible in any way for limiting or preventing the provision of Services under this Agreement in the event that the Company’s access to accounts operated by third parties (e.g. Google, Facebook, etc.) is restricted or disabled, and as a result, the Company is not responsible in any way for any damage incurred to the Client or Customer.

7.10. If the situation described in the previous paragraph occurs, the contracting parties undertake to make all possible efforts to jointly eliminate the obstacle caused by third parties.

 

8. Duration of the Agreement BE, CHM, VSP, OCHI, W&S, APP

 

8.1. The Agreement can be terminated:

a) by agreement of the contracting parties;

b) by withdrawal; or

c) in the case of an agreement for an indefinite period by written notice without giving a reason with a three-month (3) notice period, which starts from the first day of the month following the month in which this notice was delivered to one of the contracting parties.

 

8.2. The Company is entitled to withdraw from the Agreement if the Client grossly violates its obligations arising from the Agreement or GTC. For the avoidance of doubt, it is stated that any breach of obligations according to the provisions of Article IV of GTC or delay in any payment by more than 30 days

is considered a serious breach of the Client’s obligations.

8.3. After termination of the Agreement, the Client is obliged to return all documents, technical equipment and other materials entrusted by the Company to the Client during the duration of the Agreement.

8.4. In the case of a fixed-term contract (e.g. 12 months) when the Client terminates the Agreement before the end of the validity period, they are obliged to pay the Company the remaining part of the amounts due until the nearest day of the end of the validity period, calculated from the monthly agreed price of the services or the average invoice amount for the last three months.

 

9. Confidentiality and Confidential Information BE,CHM, VSP, OCHI, W&S, APP

 

9.1. Neither party shall under any circumstances, during the duration of the Agreement or thereafter, use for its own benefit or disclose to a competitor or a third party any confidential information concerning the affairs or activities of the other party or its subsidiaries or affiliates or clients or about their business transactions.

9.2. Confidential Information means any information, in particular data about:

a) agreements;

b) trade secrets;

c) business practices;

d) development procedures;

e) development processes;

c) business plans;

g) inventions;

h) processes;

i) data of any nature;

j) drawings;

k) customer lists;

l) financial statements;

m) sales data;

n) protected business information of any kind;

o) research and development projects or results;

p) tests and/or

q) any unpublished information relating to the business, operation of ideas or plans,

and are communicated to the other party in any form or by any means, in particular by handwritten, typewritten, electronic, magnetic recording or oral transmission, including e-mails and/or electronic or other means of publication.

9.3. Confidential Information does not include the following types of information:

a) information that is known to the public not as a result of illegal conduct and

b) information that has been published in accordance with the Agreement and GTC.

 

10. Processing of personal data, processing contract

 

10.1. Since the contracting parties entered into an agreement for the provision of services or an order for services (hereinafter referred to as the “Agreement”) on the basis of which the Processor for the Controller processes, or has processed, bookings for guests of a hotel or other accommodation facility. In order to implement the service, the Processor must be provided with the personal data of the contractor, customers and business partners of the Controller, which will be processed as part of the implementation of the service in such a way that it will be used for the purposes of delivering the reservation, as well as for the purposes of the actual operation of the booking system, Channel Manager or other online application .

10.2. The contracting parties are interested in adjusting the rights and obligations of the parties in the processing of personal data, which may occur in connection with the contract, in accordance with Section 34 paragraph 2 of Act No. 110/2019 Coll., on the Processing of Personal Data, as amended (hereinafter as the “Act”).

10.3. The Processor will process personal data for the Controller, to which the Processor will gain access when making reservations based on the Agreement.

10.4. The Processor is a processor of personal data within the meaning of the Act and for the purposes of these GTC. The Controller is the controller of personal data in the sense of the relevant provisions of the Act and for the purposes of these GTC.

10.5. The Processor undertakes to process for the Controller personal data that the Controller has obtained in connection with its business activities, and this is primarily the personal data of the Controller’s customers and business partners.

10.6. The Controller is fully responsible for handling the data and is obliged to implement all technical and physical safeguards so that the data supplied by the Processor is processed and stored in accordance with the Act. In case of violation of the Act or failure to ensure all necessary cooperation required for compliance with the Act, the Controller is fully responsible for possible sanctions and penalties.

10.7. The Controller is obliged to ensure and carry out all necessary steps for its website and application to comply with the Act, such as consents to the processing of forms, provision of technical updates regarding handling of data in digital systems such as CMS, Emailing, Booking Engine, Channel Manager.

10.8. These terms and conditions govern the relationship between the Personal Data Controller and the Personal Data Processor, in particular the scope of personal data that will be processed, the purpose for which the personal data will be processed and the terms and conditions and guarantees of the Personal Data Processor in terms of technical and organisational security of personal data protection.

10.9. Personal data will be processed for the purpose of making accommodation reservations, purchasing vouchers, packages and other services of the Administrator based on the agreement.

10.10. For the purposes of these GTC, personal data means any information relating to a specified or determinable data subject that is subject to protection under the Act, protection which is provided in connection with data provided by the Controller to the Processor.

10.11. The Controller processes the provided personal data in accordance with the Act.

10.12. The Controller processes personal data in accordance with this Agreement in the following scope:

a) name and surname,

b) address, e-mail address and telephone,

c) invoicing and shipping data (addresses, ID number, VAT number),

d) history of orders,

e) credit card number,

d) history of inquiries,

g) bookings,

h) other personal data specified in the Agreement.

 

10.13. On the basis of an agreement with these GTC, the Controller authorises the Processor to process personal data necessary to ensure the purpose of the Agreement.

10.14. The Controller, the Processor and possibly also third parties – recipients who provide suitable guarantees and whose processing meets the requirements according to applicable legal regulations and who ensure proper protection of the rights of the data subjects – have access to personal data of the data subjects. Recipients of personal data may be debt collection companies. Google analytics cookies.

10.15. The Processor undertakes to take such measures as to prevent unauthorised or accidental access to personal data, their alteration, destruction or loss, unauthorised transfers, their further unauthorised processing, as well as other misuse of personal data. This obligation no longer applies after the end of the processing of personal data by the Processor and the obligation passes to the Controller.

10.16. The Processor undertakes to process and document the technical and organisational measures taken and implemented to ensure the protection of personal data in accordance with the Act. The processor also evaluates all risks related to the processing of personal data according to this Agreement and evaluates the effectiveness of the adopted technical and organisational measures according to them.

10.17. The Processor will ensure data security on the servers, e.g. through encryption, and prevent unauthorised access to data carriers, e.g. through physical hardware security, and will enable the permanent deletion of data from the database if the Client or Subject is interested.

 

11. Dispute Resolution BE, CHM, VSP, OCHI, W&S, APP

 

11.1. All disputes that arise from agreements or in connection with them will always be discussed first between the representatives of the contracting parties, in order to settle these disputes amicably. These discussions will be held at three levels, in the following order:

a) between authorised employees of both contracting parties;

b) between the heads of the financial departments of both contracting parties; and

c) between statutory representatives of both Parties.

11.2. All disputes arising from these agreements are governed by the generally binding legal regulations of the Czech Republic. All disputes arising under these agreements or in connection with them will be referred to the competent courts in the Czech Republic.

 

12. Final Provisions BE, CHM, VSP, OCHI, W&S, APP

 

12.1. The Client is not entitled to transfer or set off the rights or obligations arising from the General Terms and Conditions or the Agreement or to deal with them in any other way without the prior written consent of the Company.

12.2. The Company reserves the right to assign its claim against the Client if the Client is more than 30 days late with payment.

12.3. Furthermore, the Company is entitled at any time to set off its due receivables from the Client, regardless of their currency and the legal relationship from which they arise, against any of the Client’s receivables from the Company, both due and unpaid.

12.4. The unenforceability or invalidity of any article or provision of the Agreement or GTC will not affect the enforceability or validity of other provisions of the Agreement or GTC. In the event that any such article or provision should become invalid for any reason (especially due to a conflict with applicable Czech laws and other legal norms), the contracting parties shall consult and agree on a legally acceptable way of implementing the intentions contained in such part of the Agreement, which has expired

12.5. For the delivery of any withdrawal, reminder, notice, statement and other documents pursuant to this Agreement, this is considered delivered on the day of acceptance or the day on which the shipment is returned as undelivered or undeliverable, or by demonstrable personal delivery to the other Party. In the event of a change in the delivery address, the contracting parties agreed to notify the other party in writing immediately.

12.6. The provisions of the GTC articles, the content of which apparently exceeds and applies, among other things, to the period after the provision of the Booking Engine, Channel Manager, Voucher Shop, Online Check-in, Wellness & Spa, or other applications, especially, but not exclusively, in the matter of outstanding payments, compensation for damage, liability, protection of Confidential Information, etc., will remain in force even after the end of the provision of the Service.

12.7. The conditions are governed by Czech law. The rights and obligations of the contracting parties, which are not regulated in the General Terms and Conditions, are governed by the relevant provisions of Czech legal regulations.

12.8. The Contractor may change and replace the GTC with new wording. The Customer will be informed about this change via electronic communication – by e-mail to the contact specified in the Agreement no later than 14 days before the entry into force of the new GTC. If the Customer does not accept the new GTC, the contract will be automatically terminated with a notice period of 3 months, where the notice period starts from the first day of the following month.

12.9 The following provisions of the CC shall not apply in relation to the GTC:

(a) the provisions on the possibility of accepting an offer of a contract with an amendment or deviation (Section 1740(3));

(b) the provision on the validity of a confirmation that shows deviations from the actually agreed content of the contract (§ 1757, paragraphs 2 and 3);

(c) provisions on contracts concluded by adhesion (§§ 1799 and 1800).

12.10. The terms and conditions of cooperation between the parties not regulated by or on the basis of the Contract and the GTC shall be governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, in particular the provisions on the licence agreement

12.11. These GTC shall come into force on the date of signing the Contract.

 

These GTC shall take effect on 18.1.2022.
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