Terms and Conditions - DM
Rezervator General Business and Operating Conditions.
1. INTRODUCTORY PROVISIONS
These Rezervator General Business and Operating Conditions (hereinafter referred as "REZ Terms" or "Terms") define the use conditions of the REZERVATOR.CZ (hereinafter referred as "REZ") portal. The portal’s functions were created by Internet Stream s.r.o., Lesní, Nové Město na Moravě (hereinafter referred as “Technical Operator” or "TEP"). This portal is to be used by the Business Operator (hereinafter referred as 'OPE'), SNĚŽNÍK , a.s. Velká Morava 79, 56169 Dolní Morava, ID No. 26979136, email firstname.lastname@example.org, phone 733118582. All OPE uses REZ at 3.level domain (hereinafter referred as "3DOPE").
These REZ Terms apply to both REZ and OPE users regardless of free or paid use, regardless of use in the Czech Republic or abroad. These REZ Terms are binding on all operations performed REZ. Any REZ Terms for users will not be accepted. By registration, the user confirms that he/she has read these REZ Terms, understands them, and agrees to them.
These REZ Terms complement the OPE business terms and conditions. OPE is responsible for the business transactions, on whose behalf they are conducted. REZ is only a transaction technological component.
The user acknowledges and accepts the REZ Terms by clicking on the relevant screen as part of the registration process.
2. OPERATED SOLUTION AND SUBJECT OF PERFORMANCE
2.1 Operated Solution
The REZervator.cz portal is the operated solution for the purposes of the REZ Terms.
2.2 Subject of Performance – OPE User
The subject of performance between the OPE and the user is the paid reservation of entities offered under a relevant 3DOPE instance in accordance with selected time window. Use of REZ is free to the user. Internet Stream s.r.o. operates the REZ system for the OPE and end-users under a best-effort mode.
All necessary data are stored in the REZ database.
2.3 Subject of Performance – OPE and TEP
The subject of performance between the OPE and the TEP is a paid annual licence for REZ functions. Internet Stream s.r.o. operates the REZ system for OPE under a best-effort mode. All necessary data are stored in the REZ database.
3. USER REGISTRATION
Use of REZ functions is based on selecting available products on 3DOPE. By registering, the user concludes a free-of-charge relationship with the OPE and the TEP, governed by these REZ Terms. All functions are available after registration. The validity of the user profile is not limited. All REZ functions, operational configuration, and algorithmic processing are provided free of charge. The user must repeatedly confirm the REZ and OPE REZ Terms by entering their payment information and then selecting the “Pay” field. The service selected by the user is considered as purchased, after successful payment. An even without purchasing services user may use REZ in permitted modes.
Only users aged 18 and over may use the service – use by minors is not permitted.
After successful registration, the user’s profile is verified via the e-mail address entered during the registration process.
4. DATA ENTERED AND SUPPORT
4.1 OPE Data
REZ Users may view data at about the availability of OPE services on 3DOPE. These data are considered as OPE data. A model of the availability of individual services is created according to these data. The TEP may not alter these data without the consent of the OPE. Similarly, any accounting documents created during purchases (by users) at the OPE are considered OPE data.
4.2 Online Support Form
REZ also contains an online form to support administration third level OPE domains. Support is provided under a best-effort mode, which means it depends on the TEP’s capacity and availability. Paid support may be purchased as an extra service. Paid support is primarily offered during business hours, from 9 am to 4 pm, Mon to Fri.
4.3 General Support Procedures
If a user encounters any environment-related problem, they should contact the OPE. If the situation cannot be resolved by the OPE, OPE will contact TEP support. The TEP has the right to perform tests on data entered by the user to check the validity of the configuration. The TEP is not obliged to inform the user or the OPE after checking the resolution of a problem.
5. USER - OPE - PERFORMANCE CONDITIONS
5.1 OPE - User Performance
Under 3DOPE, the user pays for an available service according to the offered capacity at specific time.
5.2 Validity of an Order without Payment
After successful confirmation of an order, the user has a 2-hour time window to pay for the reservation. After this period expires, any unpaid order is cancelled, and the service capacity is again offered through REZ.
After successful payment, the user has the right to cancel the payment with the OPE. Full refund is provided when cancellation comes at least 48 hours prior to the ordered service. If cancellation comes less than 48 hours prior to the ordered service, the OPE has the right to charge cancellation fee 100%. No shows will be charged at 100% of the cancelled reservation value.
6. TEP - OPE RIGHT TO WITHDRAW FROM REZ TERMS
6.1 Information about Exercise of the Right to Withdraw from the Binding Terms and Conditions
The OPE may withdraw from the purchase of an annual licence for REZ functions within fourteen (14) days without providing a reason. To exercise the OPE’s right to withdraw, please contact us by e-mail at email@example.com and include an unambiguous declaration with information about your decision to withdraw from the paid licence. The structure of this declaration is not fixed, but it must be clear which OPE the withdrawal applies to.
To comply with the withdrawal period, it is sufficient to send the notice of the exercise of the right to withdraw before expiry of the withdrawal deadline. The right to withdraw from a licence also expires fourteen (14) days after the launch of REZ on 3DOPE.
6.2 REZ TERMS Consequences of Withdrawal by the OPE
If you withdraw from these binding terms and conditions within the prescribed deadlines and outside the specified exception, we will return all the payments (payments for 3DOME REZ) we have received from you without delay, no later than fourteen days from the date we receive your withdrawal from these terms and conditions. For this refund, we will use the same type of payment (if applicable) that you used for the original transaction, unless a different procedure has been explicitly agreed with you. Under no circumstances will you be charged any compensation due to this return payment.
After the refund, all related data will be transferred to an archive.
7. ACCOUNT DELETION
7.1 At the User’s Request
If a user indicates that they want to delete their account, their account with the OPE will also be invalidated due to internal application interconnections. The user’s identifiers, including their name, address, ID number, etc will be anonymised as well... The data will, however, remain in the system in accordance with the requirements of the New Civil Code (NCC), the Accounting Act, and the VAT Act.
7.2 As a result of Conflict with REZ TERMS
If the TEP finds that the use of the REZ application is in conflict with REZ TERMS or that the OPE or user has seriously breached them, the TEP has the right to extraordinary and immediate termination (deletion) of the user’s profiles or the entire OPE solution(3DOPE). If a user or the OPE fails to resolve the TEP’s doubts, their account or the entire 3DOPE, will be invalidated. The user’s identification data will subsequently be anonymised, including name, address, identification number, etc. The data will, however, remain in the system in accordance with the requirements of the NCC, the Accounting Act, and the VAT Act.
8. CONDITIONS OF USE (USER, OPE)
Both the user and the OPE confirm that they are at least 18 years of age and therefore of legal age and with full legal capacity under the law in their country, meaning that they may legally accept all the points of these REZ Terms. In the event of any doubt and upon request, the user must demonstrate their legal capacity with a copy of their passport or identity card and a copy of the banking details or payment card used to log in or pay, or for the OPE, its current registration.
Users are prohibited to share account with other persons in order to circumvent these REZ Terms. The user further undertakes not to provide access to REZ intentionally or by negligence to minors. The user is personally responsible for maintaining the confidentiality of the access information provided.
The user must inform the OPE as soon as possible of any changes to their personal data required to fulfil relationship.
The user undertakes to maintain confidentiality. Without the explicit prior consent of the TEP, the user may not disseminate, publish or provide in any other manner to third parties or make available to them:
- any communication that takes place with the OPE through the REZ service platform,
- any copies of screenshots of interfaces or text to which they gain access through REZ.
The user undertakes to use REZ exclusively for the specified purposes on 3DOPE.
The TEP bears no responsibility for any form of use outside the REZ Terms.
The user undertakes not to do anything that could jeopardise or prevent in any way the undisturbed operation and availability of the REZ solution services or OPE services.
In the event of any doubt regarding the use of REZ by the user or the OPE, the TEP has the right to decide on the admissibility of the doubtful use of REZ. Unauthorised use/ illegal gain of REZ solution services will be prosecuted under both civil and criminal law.
The user must send all messages regarding the REZ solution either by e-mail to the address indicated to the OPE or the interface directly intended for such purpose. The TEP will send REZ messages to registered users as a rule by e-mail to the e-mail addresses in the profile.
The user hereby confirms and consents that some of the content entered by them on the rezervator.cz website is available to both the TEP and OPE.
The client understands and consents to sending messages in order to facilitate and simplify the initial communication and also in order to support mutual communication between USER, TEP, and OPE regarding REZ.
9. OPE - TEP - PAYMENTS, OBJECTIONS
The OPE may make any potential REZ licensing fee amount objections in writing to the TEP and justify them within 3 (three) weeks after costs deduction from the account or after receiving an invoice. If the OPE does not make justified objections by this deadline, the costs deducted from the account or the invoiced costs will be considered approved.
Insignificant restrictions in services may not form the basis for an objection. A significant restriction in the availability of REZ is considered to be when the quality of service availability falls below 90% for the entire calendar year, where the system is operated from Monday to Friday (7 am to 7 pm). The prerequisite for a justified complaint is that this limit has been broken.
10. DATA PROTECTION
The TEP considers REZ data security and protection especially seriously. TEP undertakes to comply with data protection legislation with regard to REZ.
The provision of REZ functions includes the necessary acquisition, storage, processing and use of personal data. Personal data include data about the personal or material conditions of a specific or identifiable user, e.g. postcode, e-mail address, details of an order. The personal settings which user enters is also stored, always in relation to the REZ OPE. This ensures that, upon a repeated visit (new connection – upon each new login), each user will be presented with their personal settings.
10.1 TEP, OPE – Further Acquisition, Processing and Use of Personal Data
Both the user and OPE consent that in using the REZ portal, the application will use the entered data for the purposes of tax records and bookkeeping. The user further explicitly grants their consent to the receipt of information associated with REZ services and selected cooperating solutions and receipt of e-mail newsletters concerning the REZ solution and selected cooperating solutions. The user agrees that, in the event of their access to REZ services, their data will be stored in a REZ database.
The REZ solution creates user profiles using e-mail accounts. The user consents that REZ will use their anonymised or pseudonymised data for the purposes of advertising, market research, and modification and improvement of REZ services, according to the current TEP need. This may also include forwarding data to cooperating partners further described.
10.2 Google Analytics
The TEP also uses analytical software from various third parties in order to use the knowledge acquired - in an anonymised or pseudonymised form and in compliance with legislation - to modify and improve REZ functionality as required and for advertising and market research purposes.
By registering, the user consents to the use of their data as described in the preceding provisions.
11. TERMINATION OF REGISTRATION AND EXTENSION
The user can terminate the free registration according to the previous chapters at any time without giving reasons. Termination is performed by simply logging out and requesting the OPE to delete the profile. The form is the same as when submitting other objections.
Apart from this, the TEP has the right to perform the extraordinary and immediate termination (deletion) of profiles if the user seriously breaches the conditions of use governed by these REZ Terms. In such case, the TEP have right to immediately block the user’s access to the REZ environment.
The TEP is entitled to either completely or partially suspend operation of the REZ solution at any time.
12. INTELLECTUAL PROPERTY
All REZ-related intellectual property rights over the REZ content included, such as, but not limited to, images, text, graphics, videos, video sequences, logos, illustrations, databases and button icons, (including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such REZ Content ) together with the underlying software code, is the sole and exclusive property of either of TEP. REZ as the whole is protected by the applicable laws on intellectual property rights and other intellectual property rights and unfair competition rights... The appearance and display of the Website content may not be taken as transfer and/or assignment of a license and/or a right to use thereof. Any permitted use is finally governed by these REZ Terms, and their use is possible only with the explicit, prior consent of the TEP. It is not permitted to copy, reproduce, publish, download, transfer, make publicly accessible, encode, translate, send or in any other manner distribute the website/application or part thereof on any other computer, server, website, application or other medium that can be used for publication or distribution, or for any other commercial use, unless REZ has provided its explicit prior consent.
- The TEP does not guarantee that unexpected incidents will not occur during the use of the solution. The TEP undertakes to maximise the utility of REZ to both the user and OPE, but it cannot guarantee the success of the final output. The TEP will provide the regular level of support for the OPE at best practice level but without a specified SLA/OLA.
- The TEP does not guarantee the accuracy of the assessment or compilation of individual outputs.
- The TEP does not guarantee that third parties will not act illegally. In particular, the TEP does not provide a guarantee against:
- breach of the conditions of use defined herein by other users,
- unauthorised acquisition of information from the personal data of users by third parties or "hackers" as a result of unauthorised access to REZ.
- The TEP does not guarantee the permanent and uninterrupted availability of REZ.
- The TEP in particular does not provide a guarantee against defects, outages and interruptions as a result of force majeure or similar events.
14. GENERAL CONDITIONS
The TEP’s registered office is at Lesní 960, Nové Město na Moravě. The REZ environment is hosted on a cloud platform in the Czech Republic.
REZ Terms and all legal relationships between the user and the TEP are governed by the Czech law. In addition, national consumer protection laws from other countries apply if their use is binding.
If the individual provisions of these REZ Terms are or become invalid or incomplete, this is without prejudice to the other provisions. Any invalid or incomplete provision will be replaced or supplemented with a provision that best corresponds to the intended economic result.
The TEP may amend the REZ Terms at any time. If the TEP changes the content of provided functions or REZ as a whole based on legal provisions and is therefore forced to adapt its commercial terms and conditions to the new legislation, this will not be considered an amendment to these REZ Terms. In the case of an amendment, REZ will announce it by posting new REZ Terms. The user may object to such amended REZ Terms to OPE within two weeks. The TEP specifies a deadline of two weeks for submitting objections in relation to any new wording. If the user does not object to the REZ Terms within this deadline, the new REZ Terms will apply to the user from the date of expiry of that deadline.
14.1 Validity of Amended REZ Terms
Amended REZ Terms will become valid as soon as they are available online on the website/application. If the user continues to use the REZ environment, it will be considered that they have accepted the amendment. If the user raises an objection to the amended REZ Terms, the TEP has the right to immediately terminate the user’s profile or set it as inactive until mutual acceptance of the REZ Terms.
Both users and the OPE are therefore invited to acknowledge the latest version of the REZ Terms, which are always available online on the website/applications. The presence of the user on the website/applications assumes the unlimited acceptance of every change.
After sending an order, the user has the option to use the ePlatba+ service, which will redirect them to their bank’s internet banking website or Payment gateway for REZ. The user may send the Payment through their internet banking. Money transfers will take place through ThePAY REZ profile.
Sensitive data that you enter into the internet banking system are protected by the payment gateways of the banks and are not available to third-party environments. The payment processors only see information about the transaction that the bank shares with them.
By making a purchase, the user consents to the OPE processing their contact data until such time as their written expression of disagreement with such processing. The data provided by the user with the order are solely for the needs of the OPE and shall not be disclosed to any other entity except for payment processors. These data are then also available to the TEP.
15.1 Repeated Card Payments
The user may the use online card payments to pay for an order. When making their first payment, the standard payment gateway is displayed, where the user enters data about their payment card and data for 3D Secure verification, ensuring the highest possibility level of security. The card data are stored by the payment gateway. In the event of a subsequent order by a registered payer, the concise notification "processing payment" will only be displayed after confirmation of the order, and the user will no longer be redirected to the payment gateway; the application will only display the result of the payment.
16. OUT-OF-COURT DISPUTE RESOLUTION
The Czech Trade Inspection with registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The platform for online dispute resolution at http://ec.europa.eu/consumers/odr can be used to settle disputes between the seller and the buyer arising from the purchase contract.
European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a point of contact according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 for online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
The seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out by the competent trade office within the scope of its competence. The Czech Trade Inspection monitors compliance with Act No. 634/1992 Coll. (Consumer Protection).
17. GDPR CONSENT TO PROCESSING PERSONAL AND ORGANISATIONAL DATA
By granting your consent to the processing of personal data, you consent that Internet Stream, s.r.o., Company ID No. 24688711, registered office at Lesní 960, Nové Město na Moravě, 592 31 Nové Město na Moravě, entered in the Commercial Register maintained by the Regional Court in Brno, section C, inset 67690 (hereinafter the “TEP”) may process your personal data under the conditions indicated below.
By granting your consent to the processing of personal data, you consent that SNĚŽNÍK , a.s. Velká Morava 79, 56169 Dolní Morava (hereinafter the “OPE”) processes your personal data under the conditions indicated below.
17.1 Scope of Processing of Your Personal Data
The OPE and TEP will process the personal data you have provided in connection with the functional operation of the REZ, specifically in relation to the subscription to e-mail messages of a functional nature. The OPE will process your name, surname, e-mail address, address, a fragment of four characters from your identity card and a fragment of four characters from your date of birth.
17.2 Purpose of the Processing of Your Personal Data
The OPE and TEP will process your personal data for the purpose of supporting the application’s function.
17.3 Legal Basis for the Processing of Personal Data
The legal basis for processing is your consent and the fact that your personal data are essential for the individual purposes of the functionality of REZ. Your personal data will be processed in accordance with the General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the “GDPR”).
17.4 Personal Data Processing Duration
The OPE and TEP will process your personal data to support the functionality of REZ for 10 years from the date you grant your consent to the OPE and TEP, or 10 years from the date of your last purchase. If you purchase a service but then withdraw your consent before the expiry of the 10-year deadline, your data will be processed for 10 years from the date of your last purchase.
17.5 Withdrawal of Consent to the Personal Data Processing
You may withdraw your voluntarily provided consent to the processing of personal data free of charge at any time by sending an e-mail to the OPE. Such withdrawal of consent is without prejudice to the legality of processing based on the consent given before withdrawal. Withdrawal of consent also does not affect the processing of personal data processed by the administrator on the basis of legal title other than your consent.
17.6 OPE and TEP Contact Information
You may contact the OPE by e-mail at: firstname.lastname@example.org or at the postal address of the business premises of the controller (OPE – (SNĚŽNÍK , a.s. Velká Morava 79, 56169 Dolní Morava)). The OPE is authorized to require verification of your identity to prevent unauthorised access to your personal data. For the purpose of improving the service quality and keeping records regarding compliance with the administrator’s obligations, the entire communication between you and the OPE can be monitored.
You can contact the TEP by e-mail at email@example.com or the postal address of the business premises of the controller (Lesní 960, 592 31 Nové Město na Moravě). The TEP is entitled to require verification of your identity to prevent unauthorised access to your personal data. All communication between you and the TEP may be monitored to improve the quality of services and to retain records of compliance with the legal obligations of the controller.
17.7 User - Rights Associated with the Protection of Your Personal Data
You have the right, at any time, to withdraw your consent, modify or supplement your personal data, request restriction of processing, object or make a complaint regarding the processing of your personal data, request the transfer of your data, access to your personal data, be informed of any violation of security of your personal data, their deletion, and other rights specified in the GDPR.
17.8 Right to Object
You have the right to object to the processing of your personal data if the OPE processes them for the purposes of direct marketing. This objection will be submitted to the OPE. If you object to processing for the purposes of direct marketing, the OPE of the personal data will cease such processing within this scope if it fails to demonstrate significant legitimate reasons for such processing that prevail over your interests, rights and freedoms or for establishing, exercising or defending legal claims. More information about this right is contained primarily in Art. 21 of the GDPR.
17.9 Right to Complain to the Supervisory Authority
You may complain to the supervisory authority at any time about the processing of your personal data or failure in compliance with the obligations of a controller arising from the GDPR. The supervisory authority in the Czech Republic is the Office for the Protection of Personal Data, registered office Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
18. PERSONAL DATA PROTECTION
If you are a customer of REZ, a subscriber to its messages or a visitor to its website, you may enter or you had entered your personal data into our system. The TEP is responsible for their protection and security. Article 15 - GDPR concerning consent to the processing of personal and organisational data provides a detailed description of access to your personal data. We provide some important details from the perspective of administrating information below.
18.1 Compliance with Legislation
As the administrator of your personal data, we comply with all legal requirements arising from valid legislation, in particular, the Act on Personal Data Protection and the GDPR, meaning that:
- we only process your personal data based on a valid legal reason, primarily justified interest, legal obligation or granted consent to provide services,
- pursuant to the GDPR, we comply with our information obligation before commencing the processing of personal data,
- pursuant to the GDPR, we enable you to revise individual consents.
18.2 Scope of Personal Data and Purposes of Processing
We process your personal data for the following reasons:
- to provide services,
- to perform the contract.
The following personal data are essential for full functionality of the application https://www.*.rezervator.cz: your e-mail address, name and surname, and address - This is explicitly in relation to sending access data to the REZ and sending support messages during the resolution of necessary support if needed, including bookkeeping.
The following personal data are essential for the delivery of tax documents from the application: your e-mail address.
The following personal data will be retained for 10 years from the date of your last order: your e-mail address, name and surname, address, Company ID No. and Tax ID No.
Your personal data are kept in the application for the duration of statutory periods, unless legislation determines a longer period for retention, or we state otherwise in specific cases.
18.3 User – COOKIES
18.4 Personal Data Security and Protection
We protect your personal data using standard procedures for operating non-critical applications in the internet environment.
18.5 Transferring Personal Data to Third Parties
Our contractual partners and collaborators also have access to outputs from your personal data.
We use the services and applications of other processors to ensure specific processing operations that we cannot provide ourselves. These are primarily support processes and REZ functionality:
- Smartsupp s.r.o. (online chat support), Company ID No. 03668681 (sees your e-mail address, current IP address, OS version, browser version),
- GOOGLE (sees your OS version, browser version, plus currently visited website)
- OPE - (SNĚŽNÍK , a.s. Velká Morava 79, 56169 Dolní Morava)
- SNĚŽNÍK , a.s. (IČ 26979136) They work with your e-mail address, name, city, rental date and rented bike type.
18.6 Transferring Data outside the European Union
All processing of personal data is performed within the EU.
18.7 Your Rights in Relation to Personal Data Protection
You have a range of rights in in relation to personal data protection. If you wish to exercise any of these rights, please contact us by e-mail to the OPE at firstname.lastname@example.org.
18.8 The Right to Information
You have the right to examine the principles of our personal data processing.
18.9 The Right to Establish Status
You have the right to an overview of the personal data we process and why. We will provide this information within 30 days of your request.
18.10 The Right to Supplement and Change Personal Data
You have the right to supplement your personal data.
18.11 The Right to Restrict Data Processing
You have the right to restrict the scope of use of your personal data or the purposes of its processing.
18.12 The Right to Transfer
You have the right to get your personal data in a machine-readable format. We will provide this information within 30 days of your request.
18.13 The Right to Deletion (to be Forgotten)
You also have the right to the deletion of your personal data (to be forgotten). In this case, your personal data will be anonymised by machine, except for data subject to other legislation (e.g., records of tax documents issued for the statutory period). This operation will be performed within 30 days.
18.14 Complaints to the Office for Personal Data Protection
You have the right to contact the Office for Personal Data Protection.
18.15 Unsubscribing from Newsletters and Commercial Messages
The e-mails sent from the REZ application are for your support. Individual circumstances for when the application send e-mails may be edited in your user profile. We always send accounting and tax documents by e-mail.
As a company, we do not enable any other party to access your data, except for support processes such as the tax agenda and support chat. We do not consider the executive power of state authorities a third party. These personal data processing principles are valid from 13.06.2019.
These REZ Terms, including parts thereof, are valid and effective from 04.11.2020 and replace the preceding wording of the GBOP including parts thereof, and are available at the registered office of Internet Stream s.r.o. or electronically at https://trailpark.rezervator.cz/obchodni-podminky/. In the event of a change in the REZ Terms by REZ in relation to the GDPR and personal data protection, such REZ Terms will be announced by publication on this website.
These business conditions are a translation of the Czech version of REZ OP. In case of any ambiguities related to the translation, for the interpretation of the intention and relations, any discrepancy will be governed by the Czech language version.