General terms and conditions

Provider DigitalFox s. r. o., Kysucká 14C, Senec 903 01, registered in the Commercial Register of the Municipal Court Bratislava III, section: s.r.o., insert number: 150562/B

ID: 53 575 075

TIN: 2121418519

VAT number: SK2121418519

Definition of terms

Site operated by the Provider is available at the internet address booqme. sk, booqme.cz and booqme.eu

User, who is an Operator, offers or sells specific services and rentals listed on the Site.

Performance is a good or service that the User provides to the Client and is listed in the Offer on the page.

Reservation is an electronic data in the reservation system that confirms a time-limited right The Client towards the User, so that the User provides him with the Fulfillment.

Reservation with payment is confirmation of the Client's time-limited right to the User, while the Reservation with payment can be proved to the User in electronic form. The Client pays the Fulfillment Price when reserving the Offer.

Client is a natural person or a legal entity who orders and reserves or buys and reserves an Offer on the Site, or on the basis of the Reservation with payment, claims the Fulfillment with the User.

Reservation price with payment is the price of a paid reservation including VAT, for which is sold in the Offer on the Site.

Offer is an offer / set of offers for Reservation of specific dates or Sale of reservation of specific Performance dates published on the Site.

Payment processing fee is the amount of remuneration due to the Provider for Reservations with payment , which were purchased and paid for by the Clients.

1. Subject of contract

1.1. The reservation system works as an electronic reservation book with the possibility of prepayment for reservations. The Client reserves the User's service (Offer) through the online form. This reservation form is accessible on the website of the contracting parties, in the User's mobile application, on the User's Facebook page, on the Provider's partner portals, etc. The reservation system can be accessed from multiple devices and platforms at the same time (tablet, PC, smartphone, notebook).

1.2. The client has the opportunity to use the Reservation with the possibility of payment in advance (hereinafter also "Reservation with payment"), which means requiring advance payment for the reservation from the customer. Reservation with payment is confirmation of the Client's time-limited right to the User to have the User provide him with the Performance. The user determines the cancellation conditions for clients in the administrative interface of the Reservation System.

1.3. The user can use the sending of an SMS reminder about the registration of the reservation to the client. This service is operated on the basis of a credit system, and the User can purchase SMS credit in the administrative interface of the Reservation System. After payment of the SMS credit, an invoice will be sent to the User within 7 working days to the email indicated in the administrative interface. The user will be informed about the credit status in his user account. If the credit status is not sufficient to send the SMS confirmation, the SMS confirmation will not be sent. The provider reserves the right to change the price list for the SMS reminder service. If the User does not agree to the price list change, the Provider will terminate the provision of the Service and return the value of unused credit to the User until the User's objection is received.

1.4. Poskytovateľ sa zaväzuje zabezpečiť správne fungovanie rezervačného systému, asistovať pri nastavení rezervačného formulára a jeho prepojení na webstránku a Facebook Užívateľa, poskytovať podporu a pomoc Užívateľovi.

1.4. The Provider undertakes to ensure the proper functioning of the reservation system, to assist in setting up the reservation form and its connection to the User's website and Facebook, to provide support and assistance to the User.

1.5. The User undertakes to use the Reservation System in accordance with the Provider's instructions and according to the provisions of the contract. The user designates a responsible person or enters the list of services provided, the list of employees, opening hours, etc., so that the system can be set up correctly. The User also undertakes to pay the Provider the price according to the contract within the specified term and in the manner specified in the contract. It immediately informs the Provider about all changes and other circumstances that affect the fulfillment of its obligations arising from this contract. The User may not use trademarks, unregistered designations of the Provider or related to the Reservation System, identical or similar domain names contrary to the interests of the Provider and outside the framework established by this contract. The user is aware that this contract does not give him any rights to the Provider's intellectual property. The user is authorized to use the Reservation System only for the purposes specified in this contract.

1.6. The Provider can also provide the Reservation System service through third parties. The Provider may enable its contractual partners to mediate reservations using the reservation form or the Reservation System widget on their pages or in their applications and in other appropriate ways. The provider is not responsible for system malfunctions caused by third parties.

1.7. The Provider undertakes to ensure the functionality of the Reservation System and to solve any technical problems related to its operation without delay. The provider is not responsible for system malfunctions caused by third parties. The user undertakes to bear possible technical shutdowns of the Reservation System with a maximum duration of 2 days per individual shutdown. In this context, the User is not entitled to compensation for damage or lost profit against the Provider.

2. Reservation with payment

2.1. The Provider undertakes to provide the User with a technical solution for the realization of the sale of Reservations with payment, including the collection of payment, the creation and sending of the Confirmation of the paid reservation/advance to the client's e-mail.

2.2. Details about the fulfillment will be given in the presentation on the Website.

2.3. The offer is active from its publication on the Site. Duration of the Offer, i.e. the possibility to purchase a Reservation is determined by an agreement between the User (Seller) and the Operator. Neither the Operator nor the Seller are bound by any minimum duration of the Offer.

2.4. An individual Offer becomes binding for the User at the moment of its publication on the Site. The User can publish, update and change the Offer in their own user interface on the Site. The user also determines with his own user interface which Offer contains the Reservation with payment.

2.5. The contracting parties have agreed that payment operations for the purpose of paying the Reservation Price with payment or its part will be carried out between the Client and the User through the Provider. Payment is made to the account established by the Provider, and subsequent payment will be made to the User's account no later than the 20th day of the calendar month following the month in which the Reservation was made. The user can receive regular advances for the payment of the Prices of Reservations with payment and advances at intervals according to the agreement. The User grants the Provider a power of attorney to receive these payments.

2.6. The order of Reservation with payment or advance payment and its subsequent purchase is carried out only through the Site and the procedure established on it. Payment options include credit card. The booking confirmation will be sent to the Buyer's Account and e-mail within 1 hour of payment. The buyer must complete the order on the booqme.sk website in order to receive a confirmation of payment of the reservation.

2.7. Tax documents are issued by the User as the seller in connection with the Reservation with payment. Both the Buyer and the User are aware that the Operator is neither the seller nor the provider of the Performance.

2.8. After receiving the payment, the Client will be sent a confirmation e-mail about the reservation. The user will be informed about the reservation with payment or advance payment in the user interface at dashboard.booqme.sk.

2.9. The User, as the supplier of the Performance, is responsible for the quality, delivery and fulfillment of the Buyer's rights in connection with the Reservation with payment or advance payment.

2.10. The operator is not responsible for the things mentioned in point 2.9., and the Buyer takes this into account. The operator is only responsible for the proper and timely delivery of the reservation confirmation.

3. Price and payment terms

3.1. The price of the reservation system depends on the selected package and is subject to the valid price list and conditions for obtaining the discounted price for the package. The user can order the service in the form of a subscription for a period of 1, 3, 6 or 12 months.

3.2. The price of the Booqme Reservation System services. (hereinafter "Service Price") is stated in the signed contract according to the selected version and in accordance with the Provider's price list published on booqme.sk (hereinafter "Price List").

3.3. The payment processing fee belonging to the Provider is specified in the signed contract for reservations made through the booqme reservation system. The provider will bill this fee on a monthly basis for all made Reservations with payment.

3.4. Tax documents (invoices) will be issued repeatedly during the entire period of validity of the contract. The first invoicing period begins on the day the contract is signed by both contracting parties. Invoices will be delivered electronically to the User's e-mail indicated in the header of the contract or notified by the User in writing. The User is obliged to pay the invoice without cash to the Provider's bank account indicated on the invoice.

3.5. The due date for invoices is 14 days from the date of issue of the invoice, unless otherwise agreed in writing. In the event of a delay in payment of more than 10 days, the Provider has the right to suspend performance according to the contract.

3.6. The contracting parties recognize mutual claims, including claims of the Intermediary for commission and payment of invoices with the Interested Party due to the right to transfer prices from Reservations with payment or from prices of advance payments.

3.7. The user can switch between different versions according to the conditions of the Provider's consent. The version change will be made by a corresponding change to the contract and is effective from the beginning of the new subscription period.

3.8. The Provider reserves the right to change the Price List at any time. The price change does not affect the existing agreed prices until the termination of the contract or agreement on the change of service or until the approval of the new GTC.

4. Protection of personal data

4.1. Within this contract, the following definitions are used, which have the following meaning:

Personal data: Data relating to a specified or determinable natural person. Such a person is identifiable directly or indirectly, in particular on the basis of a generally applicable identifier or on the basis of one or more characteristics or signs that make up his physical, physiological, psychological, mental, economic, cultural or social identity in accordance with the Personal Data Protection Act ( No. 18/2018 Coll.). Personal data includes in particular: name, surname, email address, telephone number.

Data subject: Any natural person to whom the Personal Data relates.

Operator: User in accordance with the provisions of § 4 par. 2 letters b) of the Personal Data Protection Act, which processes Personal Data of Affected Persons in accordance with the Personal Data Protection Act and other relevant legal regulations.

Intermediary: Provider in accordance with the provisions of § 4 par. 2 letters d) of the Personal Data Protection Act, which processes the Personal Data of Affected Persons on behalf of the User as the Operator. This processing is carried out to the extent and under the conditions agreed with the User as an Operator within the framework of this contract and in accordance with the Personal Data Protection Act and other relevant legal regulations.

4.2. After the conclusion of the Agreement, the Customer authorizes DigitalFox s. r. about. as an intermediary (hereinafter referred to as the "Intermediary") for the processing of Personal Data on behalf of the Operator, according to the purposes and means determined by the Operator. This processing is carried out in accordance with the documented instructions of the Operator specified in this Agreement, in accordance with the Regulation on the Protection of Personal Data (GDPR) and other relevant legal regulations. The Operator declares that, when choosing an intermediary, he proceeded in accordance with the GDPR and the Act, while making sure that the Intermediary provided sufficient guarantees for the adoption of technical and organizational measures so that the processing of Personal Data meets the requirements of the GDPR and the Act.

4.3. The company DigitalFox s. r. about. as an Intermediary undertakes to process the Personal Data of the Affected Persons (guests) exclusively in accordance with the relevant provisions of the contract, the Personal Data Protection Act and other relevant generally binding legal regulations.

4.4. The User as the Operator entrusts the company DigitalFox s. r. about. as an Intermediary, to process Personal Data of Affected Persons (guests) on his behalf. This processing is carried out for the purpose of the proper performance of all rights and obligations under this contract. Personal data that may be processed include names, surnames, contact details (phone numbers, e-mail addresses) of the affected persons, including other information related to the reservation.

4.5. The company DigitalFox s. r. about. how the Intermediary processes Personal Data of Affected Persons (guests) for the User in its information system called Booqme.

4.6. Personal data of affected persons (guests) in the information system DigitalFox s. r. about. process for the purpose of electronic reservation of services and making reservations in accordance with this contract. If the reservation is made through an online form, information about the reservation is sent to the User.

4.7. The contracting parties have agreed that the Intermediary processes the Personal Data of the Affected Persons for the purposes of this contract in the scope of processing operations that are necessary to fulfill the purpose of their processing in accordance with this contract.

4.8. The company DigitalFox s. r. about. as an Intermediary is authorized to process Personal Data from the effective date of this Agreement and throughout its entire duration in accordance with the provisions of the Agreement.

4.9. The User authorizes the Intermediary to process Personal Data for the purpose of making a reservation in the booqme.sk electronic reservation system. Processing may include automated and non-automated operations, including collection, recording, arrangement, processing, retrieval, provision, disclosure, browsing, rearrangement, combination, transfer, use, storage, blocking, disposal, cross-border transfer and disclosure.

4.10. The intermediary processes the personal data of the affected persons belonging to the category of employees, contractors, part-timers and other persons of the User, as well as statutory bodies, owners, suppliers, customers, customers, intermediaries and other persons related to the GDPR. The processed data mainly includes first name, last name, e-mail address and telephone number.

4.11. The Provider is authorized to process other personal data of the affected persons if they are listed in the documents provided by the affected person or the User and if their processing is necessary for the purposes of this contract.

4.12. The user undertakes not to provide special and sensitive data in the application in accordance with the GDPR.

4.13. The provider undertakes to process only personal data that is adequate, relevant and limited to the extent that is necessary in view of the purposes for which it is processed.

4.14. Duties of the Operator and Intermediary:

 - The user is obliged to fulfill all obligations arising from the Regulation on the Protection of Personal Data (GDPR) and the Act on the protection of personal data vis-à-vis the affected persons. This includes, in particular, the obligations arising from Chapters III and IV of the GDPR, as well as the fulfillment of all information obligations towards the persons concerned and the obtaining of any consents, and bears full responsibility for the proper fulfillment of these obligations.

4.15. Obligations of the Provider:

 - Process Personal Data only on the basis of the written instructions of the User, even in the case of transferring personal data to a third country or international organization .

 - Ensure that persons authorized to process Personal Data maintain confidentiality about the information they have obtained.

 - To implement measures to ensure the security of personal data processing, including pseudonymization and encryption, and to observe other technical and organizational measures.

 - Provide cooperation in the fulfillment of the User's obligations towards the affected persons and ensure cooperation in personal data protection audits and controls.

 - Delete or return Personal Data to the User after the end of the Agreement and delete existing copies containing personal data, if not prevented by a special regulation or an international treaty.

 - Provide the User with the necessary information to demonstrate compliance with obligations and provide cooperation in personal data protection audits.

 - Inform the User about a violation of the law, a special regulation or an international agreement regarding the protection of personal data.

4.16. The User grants the Provider general written consent to entrust another intermediary to process Personal Data. Hosting is provided by the company https://www.websupport.sk/ Websupport s. r. o. Online chat is provided by the company https://www.smartsupp.com/ Smartsupp.com, s.r.o., Invoicing is provided by the company https://www.superfaktura.sk/ SuperFaktura, s.r.o., Sending emails is provided by the company https://www.mailersend.com/ MailerSend, Sending SMS messages is provided by VNET a.s.

4.17. The Provider as an Intermediary is obliged to inform the User in advance about the authorization of another intermediary. It provides this information by sending a notification via electronic mail to the e-mail indicated in the header of the Agreement or via the Application. If the User does not notify the Provider of his disapproval within 15 days from the date of delivery of the information about the involvement of a new intermediary, it is considered that the User agrees with this authorization of the intermediary.

4.18. In the event that the intermediary engages another intermediary in the performance of special processing activities on behalf of the User, he is obliged to impose on this other intermediary the same obligations regarding the protection of personal data as stipulated in the Agreement between the User and the Provider or in another legal act. These obligations include, in particular, the provision of sufficient guarantees for the adoption of adequate technical and organizational measures in order to ensure that the processing of personal data meets the requirements of this Agreement, the GDPR and the Act. The responsibility towards the User for fulfilling these obligations lies with the Provider.

5. Rights and obligations of the User

5.1. The user account is only authorized to be used by the User, i.e. the person who filled out and sent the duly completed form to the Provider. If the User transfers the login data to his user account to a third party, he bears the consequences independently and without the participation of the Provider for any damages that he or the Provider or any third party incurs in connection with the use of the service by a third party.

5.2. The User acknowledges that the Provider does not ensure the archiving of registry records, nor the storage of data created by the User.

5.3. The user has the right to use the user account for the purpose of using the service.

5.4. The user is obliged to pay the price for the provision of the service to the provider in the scope and manner in accordance with the general terms and conditions and in accordance with the valid price list available on the website.

5.5. The user is obliged to proceed in such a way that there is no unauthorized access to the user account by a person who is not authorized to access this account, in particular he is obliged to take all measures to prevent the leakage of login name and password data, otherwise he is responsible for all damage caused in the Provider or any other third party will suffer as a result of this fact.

5.6. If the User discovers that the rights of the Provider or the rights of any third parties are threatened or have already been encroached upon, the User is obliged to notify the Provider of this fact without delay.

5.7. The User has the right to archive the User's content in the data storage designated by the Provider until the end of the service provision; the end of the service provision is considered to be the end of the last day of the period during which the user used the service for which he paid the price. The user will have the right to access the user account even after the end of the service until the data is deleted from the data storage; after the end of the service, the user will not be able to create new user content.

5.8. In the event that the Provider discovers that the User stores in the data storage designated by the Provider in the course of using the service data that interferes or objectively may interfere with the Provider's rights or the rights of any other third parties, the Provider has the right to unilaterally remove the user's content from the data storage by deleting it . Before carrying out this intention, the Provider will notify the User of the intended action. In such a case, the Provider is not responsible for any damage that may occur to the User or any third party as a result of this action. The provider also reserves the right to delete this user account, without refunding the price paid for using the service.

5.9. In the event that the User discovers service deficiencies, he is obliged to remedy them immediately, i.e. report to the Provider no later than within 3 days from the date of discovery of these deficiencies. In case of failure to report service deficiencies within the specified period, the Provider is not responsible for damage caused by this error to the User.

5.10. After the end of using the service during the regular operation of the service, the user is not entitled to a refund of the price paid for using the service.

5.11. The user is entitled to unilaterally terminate the use of the service at any time.

6. Rights and obligations of the Provider

6.1. The Provider provides a service to Users through the website, for a fee or free of charge. The Provider unilaterally decides whether the service is provided free of charge and the duration of the service is provided free of charge.

6.2. When providing the service, the Provider creates conditions for the user to use the service properly.

6.3. The provider, as a legal entity, mediates the service for business purposes, exclusively for the business objects of intermediary activity in the field of services, administrative services and computer services.

6.4. The provider is obliged to ensure that the service is provided continuously for the duration of its provision. Interruption of service due to circumstances excluding liability is not considered a breach of the company's obligations. Interruption of service provision due to service intervention by the company is also not considered a breach of duty.

6.5. The Provider undertakes to inform the User of all significant changes that concern the User

6.6. The Provider has the right to obtain and use data about the User and any other third parties from other publicly available sources or from private sources, while respecting the legal order of the Slovak Republic.

6.7. The Provider has the right to unilaterally cancel the User's user account and remove the User's content from the data storage, if the User violates any of his obligations under the general terms and conditions, without refunding the price paid for using the service.

6.8. The provider reserves the right to unilaterally supplement or change these general terms and conditions

7. Payment terms

7.1. The Provider has the right to pay the price for the provision of the service according to the valid price list made available by the Provider on the website. The company reserves the right to unilaterally change the price for the provision of the service. In the event that there is a change in the price for the service, the Provider is obliged to respect the price for the service according to the price list valid at the time of the establishment of the legal relationship between the Provider and the User for the period during which the price is to be valid.

7.2. The Client and the User are obliged to pay the price for the provision of the service through the payment gateway.

7.3. The price is considered paid the moment it is credited to the company's account.

8. Termination of the legal relationship between the Provider and the User

8.1. The participants of the legal relationship can agree on its termination by agreement.

8.2. The Provider and the User have the right to terminate the legal relationship unilaterally, if this results from special provisions of the general terms and conditions.

8.3. After the termination of the legal relationship between the Provider and the User, the Provider is entitled to remove the User's content from the data storage by deleting it at the earliest 10 days after the termination of the legal relationship between the Provider and the User.

9. Common, transitional and final provisions

9.1. The provider undertakes to act in accordance with the Personal Data Protection Act no. 18/2018 Coll. in the current version.

9.2. This contract is governed by the provisions of the Commercial Code no. 513/1991 Coll., as amended.

9.3. This contract becomes valid and effective on the day it is signed by both contracting parties. The signature is also considered to be scanned and then delivered to the other party by email, with the second party also signing and scanning and sending the first party. The contract can only be changed by written amendments signed by both contracting parties.

9.4. The Provider is entitled to transfer (assign) rights and obligations from this contract, either partially or in its entirety, to a third party without the User's consent.

9.5. The user acknowledges that individual functionalities may not be available in all modules of the reservation system.

9.6. The general terms and conditions become valid and effective on the day they are made available on the website.