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GENERAL TERMS AND CONDITIONS OF SPALNEO

 

These General Terms and Conditions (the “GTCs”) shall apply to the services provided by us via Spalneo applications for the operating systems iOS and Android available on the digital distribution platforms AppStore and GooglePlay (the “Application”) and via websites located at www.spalneo.com (the “Website”), as well as to any of our services that we can provide to you from time to time via phone or email connection or in person.

By entering, browsing or otherwise using our Spalneo Platform, you confirm to have read these GTCs, to understand them and agree with all of their clauses and parts (e.g. the personal data processing consent). The use of the Application shall also be subject to the general terms and conditions made available on the relevant digital distribution platform to which you downloaded the Application, and those terms and conditions shall form an integral part of these GTCs.

The operator and owner of the license and rights related to the use of the Spalneo Platform is Spalneo, s.r.o., with its registered office at Strakova 3, 811 01 Bratislava, Identification No.: 50 164 465, registered in the Commercial Register of the District Office Bratislava I, section: Sro, insert No.: 109476/B, Tax Identification No.: 2120254851, email: info@spalneo.com which acts within the Travel Agency trade license (“in Slovak: “Prevádzkovanie cestovnej kancelárie”) and in accordance with Section 3 paragraph 2(b) of Act on Tours and Travel Agencies (the “Agent”, “we”, “our”).

  1. INTERPRETATION

In these GTCs, the capitalised terms used shall have the following meaning:

Accommodation means an accommodation service provided by an accommodation facility via the Spalneo Platform;

Accommodation Provider means the provider of Accommodation;

Act on Tours and Travel Agencies means Act No. 281/2001 Coll. on tours, on conditions of business of travel agencies and travel offices;

Application has the meaning ascribed to this term in the Preamble;

Cancellation Conditions means the general cancellation conditions set out in these GTCs and specific cancellation conditions specified by the Providers when offering the Services;

Cancellation Fee means a fee payable in the amount of, and subject to, the provisions of these GTCs payable in connection with any change, cancellation or non-utilisation of the Reservation.

Complaint means complaints concerning the provisions of Our Services, i.e. any default in providing the opportunity to make a Reservation or to purchase a GiftCard

Deactivation means a refusal to grant access to the Spalneo Platform and/or to Our Services provided via the Spalneo Platform and/or implementation of another administrative or technical measure of similar nature that will cancel the registration made under these GTCs;

GiftCard has the meaning ascribed to this term in clause 4;

GTCs means these General Terms and Conditions;

Mobile Device means a smartphone or tablet;

Offline Provider means the Provider, whose service availability is not marked directly on the Spalneo Platform and/or it is indicated on our Spalneo Platform that availability must be verified with the Service Provider. Unless expressly indicated otherwise on the Spalneo Platform, Accommodation Providers shall be Offline Providers;

Online Provider means the Provider, whose service availability is marked directly on the Spalneo Platform. Unless expressly indicated otherwise on the Spalneo Platform, Service Providers shall be Online Providers;

Operator of the payment platform means Stripe Payments Europe Limited, with its registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland;

Our Services means our services provided via the Spalneo Platform (or otherwise, in a manner set out in these GTCs), i.e. procurement of the entering into of the agreement on the provision of a service between you and the Provider;

Payment Platform means the payment system operated by the Operator of the payment platform;

Price has the meaning ascribed to this term in clause 7;

Provider means the Service Provider and/or the Accommodation Provider;

Provider’s Service means the Service and/or Accommodation;

Rating has the meaning ascribed to this term in clause 8;

Registration Form has the meaning ascribed to this term in clause 3;

Reservation has the meaning ascribed to this term in clause 4;

Reservation Form has the meaning ascribed to this term in clause 4;

Service means a service provided by the provider of leisure services, recreation, fitness and wellness services, beauty, hairdressing, cosmetic and other similar services;

Service Provider means the provider of the Services;

Spalneo Platform means the Application and/or the Website;

Time means date and time of the provision of the Service and/or Accommodation;

Voucher means an information e-mail confirming the Reservation of a Service; and

Website has the meaning ascribed to this term in the Preamble.

  1. OUR SERVICES

Spalneo is an online reservation portal enabling you to select and subsequently reserve certain services from the Provider’s Services. Therefore, our task is to procure for you the entering into of the agreement on the provision of a service between you and the Provider. Our Services also include the provision/procurement of the ensuing communication between you and the Provider.

Please note that we do not operate any of the Provider’s Services, we do not offer tours (in Slovak “zájazd”) within the meaning of Section 2 of the Act on Tours and Travel Agencies and the contract concluded under these GTCs shall not constitute a contract on procurement of a tour (in Slovak “zmluva o obstaraní zájazdu”) within the meaning of Section 741a of Act No. 40/1964 Coll. Civil Code.

We do not provide the services of healthcare facilities and all services that you reserve via the Spalneo Platform will be performed solely by the Providers who act in their own name and for their own account.

All information about the Providers’ Services displayed on the Spalneo Platform have been provided to us by the Providers. Despite our efforts to make available only true and verified information, we shall be not liable for the truthfulness, completeness and correctness of every information and for any errors, outages or non-provision of information by the Providers. Please also note that Our Services do not consist in rating the quality, level of the provided services or classification (by means of stars) of the Providers or the services they provide.

Unless expressly provided otherwise in these GTCs, you can use Our Services only for your own purposes. Without our prior consent, none of the services offered via the Spalneo Platform can be re-sold (with or without margin) separately or with other services or otherwise used for commercial purposes. Likewise, you may not re-sell, copy, monitor, display, download or reproduce any content, information or software located on the Spalneo Platform, unless it is necessary to use a service reserved via the Spalneo Platform and in accordance with the terms and conditions stipulated in this document (e.g. printing of a reservation).

  1. REGISTRATION

You can use Our Services provided via the Spalneo Platform as a registered or an unregistered user. The advantage of the registration is that you do not need to enter your personal information for every Reservation; you get unrestricted access to the history of your reservations, credit information and due to the previously entered data, you are able to execute a payment more quickly and simply.

Registration can be made by: (i) a natural person older than 18 years, or (ii) a legal person via a person that is authorised to act in the legal person’s name provided that this legal person has legal capacity.

Registration can be made via the registration form available on our Spalneo Platform (the “Registration Form”). In the Registration Form, you must enter all information marked by the star sign, i.e. in particular: your name, surname, email… The information entered by you in the Registration Form must be true and up-to-date. If your information changes, you will be able to change it in the part “My profile” via the Spalneo Platform.

We may verify any and all information entered by you in the Registration Form. If we find out that the information entered by you in the Registration Form is not up-to-date, non-existent or false, we reserve the right to carry out the Deactivation of your user account.

  1. RESERVATION OF THE SERVICES

The Providers’ Services can be ordered via our Spalneo Platform by means of: (i) a binding reservation with a fixed time and scope of the provision of services (the “Reservation”), or (ii) as an open reservation of the relevant Provider’s Service (the “GiftCard”).

Reservation can be made or GiftCard can be bought by filling in the reservation form on our Spalneo Platform (the “Reservation Form”). In the Reservation Form, you must fill in all information marked as “mandatory”. If you are a registered user, you will not have to repeatedly fill in all information in the Registration Form.

The Reservation with the Online Provider shall be considered binding and the agreement on the provision of service between you and the Provider shall be entered into at the moment of execution of the relevant payment in the manner stated on our Spalneo Platform. You will receive a Voucher confirming the Reservation immediately after the payment has been made, in any case within 12 hours.

Reservation with the Offline Provider shall be considered binding and the agreement on the provision of service between you and the Provider shall be entered into only after we confirm the Reservation by sending you the Voucher. The Voucher will be delivered to the address entered by you in the Registration Form and/or Reservation Form within the shortest possible time after the availability of the Provider's Service with the Offline Provider has been verified, in any case within 72 hours after the relevant payment has been received.

By buying the GiftCard, you become entitled vis-à-vis Spalneo to the procurement of the provision of the Service by one of the Service Providers according to the offer valid at the relevant time and spare capacities of the relevant Service Providers as made available on the Spalneo Platform following the Reservation you have made in the manner set out in these GTCs and you shall use the price of the GiftCard for the payment (wholly of partially) of the relevant Provider’s Service. For the avoidance of any doubt, in case the Price of the Provider’s Service exceeds the price of the GiftCard, you are obliged to pay the difference, otherwise it shall be deemed that the Reservation has not been carried out. [In case the price of the GiftCard is not fully used for the payment of the Provider’s Service, you are entitled to use the remaining price of the GiftCard when making your next Reservation.] The method and way of using your GiftCard is set out on the Spalneo Platform.

Unless expressly provided otherwise in these GTCs or on our Spalneo Platform, the terms and condition of the Reservation made with an Online Provider and an Offline Provider (as the case may be) shall apply accordingly to the Reservation using the GiftCard. Unless provided otherwise on our Spalneo Platform, the time of provision of the Provider's Service must be specified within 12 months after the GiftCard has been purchased, or our obligation in respect of you shall expire and the terms and conditions of the refund of the Price shall be set out in the Cancellation Conditions. You will receive an information email confirming the purchase of the GiftCard immediately after the payment has been made, in any case within 12 hours.

It is understood that by making the Reservation or buying the GiftCard, you consent to the terms and conditions of the provision of the Provider's Service as made available on our Spalneo Platform, and these shall become an integral part of your agreement on the provision of services entered into with the Provider.

We will use our best efforts to call your attention to all discrepancies ascertained by us regarding the Reservation; however, these discrepancies shall be at your expense and shall have no effect on the right of the Provider to cancel the Reservation under these GTCs and the terms and conditions of the provision of the Provider’s Services.

  1. CHANGE OF RESERVATION, CANCELLATION CONDITIONS

The Reservation can be changed or cancelled under the following terms and conditions. PLEASE NOTE THAT THE SPECIFIC CANCELLATION CONDITIONS INDICATED DIRECTLY IN THE OFFER FOR THE PROVIDER’S SERVICES SHALL ALWAYS HAVE PREFERENCE OVER THE GENERAL CANCELLATION CONDITIONS INDICATED IN THESE GTCs.

PLEASE NOTE THAT SOME DISCOUNTED PROVIDERS’ SERVICES AND SPECIAL OFFERS CANNOT BE CANCELLED OR CHANGED.  A RESERVATION CAN BE CHANGED OR CANCELLED VIA THE SPALNEO PLATFORM OR IN ANOTHER MANNER SET OUT ON THE SPALNEO PLATFORM.

The entitlement to have the Price (or any part of it) refunded shall expire if the Provider’s Service has been provided fully or at least partially. If the Provider’s Service has not been used, the Provider shall become entitled to charge a Cancellation Fee of 100% of the Price.

If the Cancellation Fees are applied, we shall have the right to use the Price to satisfy the entitlement of the Provider to the payment of the Cancellation Fee.

Cancellation Conditions applicable to the Services

Unless expressly provided in the offer for a Service, you can assign the Reservation to any third party without any restriction by providing the email confirming the reservation or the reservation number indicated in that email.

If you contact us with a request to cancel or change the time of the Reservation within 48 hours after the email confirming the Reservation has been sent, you can choose one of the following possibilities (i) to have the paid Price refunded. or (ii) to use the money paid to make another Reservation (including the possibility to change the time of the existing Reservation).

If you contact us with the request to cancel or change the time of the Reservation after 48 hours after the email confirming the Reservation has been sent, you have the possibility to use the money paid only to make another Reservation (including the possibility to change the time of the existing Reservation). Making another Reservation or changing the time of the Reservation may be subject to the Cancellation Fees specified by the Provider when offering the Provider’s Service.

Notwithstanding the above, the entitlement (i) to have the paid money refunded, (ii) to use the money to make another Reservation, or (ii) to change the time of the Reservation shall expire 48 hours before the time of provision of the Service. The Provider shall become entitled to the payment of the Cancellation Fee of 100% of the Price.

Cancellation Conditions applicable to the Accommodation

If you contact us with a request to cancel or change the time of the Reservation within 48 hours after the email confirming the Reservation has been sent, you can choose one of the following possibilities (i) to have the paid Price refunded, or (ii) to use the money paid to make another Reservation (including the possibility to change the time of the existing Reservation).

Cancellation Conditions applicable to a cancellation or change of time of the Reservation made after 48 hours after the email confirming the Reservation has been sent, are indicated in the offer for the Accommodation made available on the Spalneo Platform.

Cancellation Conditions applicable to the GiftCard

You may cancel the GiftCard free of charge and the Price of the relevant GiftCard shall be refunded to you fully within 14 days after the confirmation of purchase of the GiftCard has been received.

After the expiration of 14 days and until the expiration of validity of the GiftCard (i.e. within 12 months from the purchase of the GiftCard), you may cancel the GiftCard and use the Price of the relevant GiftCard as credit to purchase another Provider’s Service. After the expiration of 12 months from the purchase of the GiftCard, the GiftCard shall cease to be valid without any further compensation and the Cancellation Fee of 100% of the Price shall be applied.

If, however, you make a Reservation using the GiftCard, the above-mentioned terms and conditions shall not apply and as of this moment, the relevant Provider’s Service can be cancelled or changed solely subject to the provisions of the Cancellation Conditions applicable to the Services or of the Cancellation Conditions applicable to the Accommodation (as the case may be), as they are specified above.

  1. FEE FOR OUR SERVICES

We provide you with Our Services free of charge. We become entitled to the Commission solely vis-à-vis the Providers who pay the Commission to us from the Price of the Service and/ or Accommodation.

  1. PRICE OF PROVIDER’S SERVICES

All prices of the Providers’ Services (the “Price”) indicated on our Spalneo Platform are final prices including VAT and other fees (except municipal taxes, if applicable), unless provided otherwise on our Spalneo Platform.

Price of the Accommodation is indicated as price for the whole stay and for the whole group, unless provided otherwise on our Spalneo Platform.

Price of the Service is on the Spalneo Platform indicated as the Price of a one-off service provided to one person, unless provided otherwise.

If the Price is apparently unreasonable and/or is a manifest writing error, this Price shall not be considered binding and we recommend that you contact us immediately.

The Price shall be paid via the Operator of the payment platform or in another manner specified on the Spalneo Platform. In the case of electronic payments, the Spalneo Platform will automatically redirect you to the website (or other similar instrument) of the Operator of the payment platform where you will be asked to fill in the relevant information (e.g. your payment card information). In this manner, we will never get access to your bank account information or your payment card information, which increases security.

For the avoidance of doubt, the specific general terms and conditions set out on the website of the Operator of the payment platform shall apply to the use of the Payment Platform.

Please note that the payment of the Price may be made directly to our bank account. We will accept these payments in the name and for the account of the Service Provider as its sales representative and we shall transfer these payments to the Provider under the agreed terms and conditions.

By using Our Services, you hereby authorise us to collect the Price directly through Payment Platform operated by the Operator. We also will be your contact point for complaints related to any payment and refund requests of the Customers.

  1. RATING

After the Provider’s Service has been provided to you, we will give you the opportunity to rate the service (the “Rating”). This Rating will be published on the Spalneo Platform, the purpose of the Rating being to provide information about the Provider and its services to third parties.

You shall be the author of the Rating. In order to make the Rating available, you grant us the right (license) to use the Rating for all known purposes without any time and territorial restrictions and without any entitlement to a fee, including, without limitation, the right to make the Rating available in order to improve Our Services, the Spalneo Platform, the Provider’s Services and to dispose of and process the Rating in any other manner. You also grant us the right to assign our right to use the Rating to any third party without any restriction, in particular to the Providers.

  1. PRIVACY PROTECTION

The Spalneo Platform and Our Services fully comply with the terms and conditions of privacy protection stipulated in the applicable laws.

Our rules of privacy protection and of the use of cookies are stipulated in the Privacy Protection Terms and Conditions available HERE.

  1. NOTIFICATIONS AND SENDING OF INFORMATION

By filling in the Registration Form and/or the Reservation Form, you agree that the following shall be sent to you email address:

  1. email communication related to or associated with the provision of Our Services or the Providers’ Services, in particular emails confirming the purchase of a GiftCard or confirming that the Reservation has been made; and
  2. email communication in which we will ask you to provide your Rating.

For further information regarding the use of your email address, please read the Privacy Protection Terms and Conditions.

For the purpose of provision of Our Services at the highest quality, we ask you to provide us with the correct email address. If you provide us with an incorrect email address, it shall not be our duty to verify its correctness, and if you incur any damage as a consequence of providing an incorrect email address, we shall not be liable for such damage.

  1. OTHER RIGHTS AND OBLIGATIONS

When using Our Services:

  1. you may use the Spalneo Platform solely for your own purposes (this shall be without prejudice to the possibility to assign the rights arising from the Reservation or the GiftCard to another person in accordance with these GTCs);
  2. you may not provide third parties with the authorisation to use your account;
  3. you may not allocate or transfer your account to third parties without our prior consent;
  4. you may not use an account that is subject to third party rights;
  5. you may not use the Spalneo Platform unlawfully or to achieve an unlawful purpose;
  6. you may not use our Spalneo Platform for the purpose of molesting or causing inconvenience to third parties;
  7. you must not interfere with the proper functioning of the Spalneo Platform and/or hardware infrastructure on which we operate our Spalneo Platform;
  8. you must not interfere with the operating system of the Mobile Device or the computer in order to destruct or misuse third parties’ personal data;
  9. you must not copy or distribute the Spalneo Platform (including any part of it), any code contained in the Spalneo Platform or other content without our consent;
  10. you shall keep in secret and safe all identification information that we will provide you with for the purpose of gaining access and which are designed to gain access to Our Services or to the Spalneo Platform;
  11. if you suspect that your Spalneo Platform Login Data have been disclosed or may be disclosed, you shall inform us of this fact immediately; and
  12. you shall comply with all relevant national as well as international law applicable to the use of our Spalneo Platform and the use of Our Services or the Provider’s Services.

If you fail to comply with the above-mentioned obligations, we may proceed with the Deactivation of your user account.

  1. LIABILITY FOR DAMAGE

We are liable for damage only within the scope specified by law. Notwithstanding any other provisions of these GTCs, we shall not be liable for any indirect damages, lost profit or damages arising during the provision of the Providers’ Services.

Subsequently, to the extent permitted by law, we or any our member of the statutory body, employee, sales representative, related person, distributor, agent or other person taking part in the provision of the Services, shall not be liable for (i) any direct or indirect damage caused to you by the Provider, (ii) any incorrect information made available by the Providers on the Spalneo Platform (including information on availability and the Ratings), (iii) the Providers’ Services, (iv) any damage, loss or any other expenses that you will have to bear or pay in connection with and/or arising from the use of the Spalneo Platform, impossibility to use the Spalneo Platform, and (v) any (personal) injuries, death, property damage and other (direct or indirect) damages, losses, expenses borne or paid by you in connection with any (legal) acts, errors, violations, negligence, wilful misconduct, failure to act, distortion of facts, misdemeanour (partially or fully) by the Provider (including by an employee, statutory body, representative, agent or other related person of the Provider), including termination of the Reservation by the Provider due to capacity problems, strike, force majeure and/or other facts that are outside of our control.

  1. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in respect of our Spalneo Platform shall belong to us. We hereby grant you our consent to the use of the Spalneo Platform to the extent to which it is necessary to use Our Services; in particular, we grant you the right to download and install a copy of the Application on one Mobile Device. This permission to use the Spalneo Platform shall be restricted, non-exclusive and non-transferable.

However, in connection with the above, you may not copy, publish, make available, promote, trade in, incorporate, adjust, connect or otherwise use the Spalneo Platform, its content or our business name without our prior written consent.

  1. DEACTIVATION OF THE USER ACCOUNT

You may carry out the Deactivation via our Spalneo Platform or via contact information specified in these GTCs and/or on our Spalneo Platform.

We reserve the right to carry out the Deactivation if:

  1. you breach these GTCs;
  2. you breach laws the of the Slovak Republic; or
  3. you breach the law applicable to the provision of the Provider’s Services.

By Deactivation, all legal relations created under these GTCs shall cease to exist. However, the Deactivation shall not affect your and the Providers’ rights and obligations acquired before the Deactivation nor the provisions of these GTCs that, due to their content and significance, shall survive the termination of the legal relationship between you and us under these GTCs.

  1. GOVERNING LAW

These GTCs shall be governed by the laws of the Slovak Republic. The disputes (if any) between us and you and other users shall be resolved by general courts of the Slovak Republic.

  1. AMENDMENT OF GTCs

We may unilaterally amend the terms and conditions set out in these GTCs by making available a new wording of the GTCs via the Spalneo Platform (the “Amended GTCs”). The Amended GTCs shall become effective on the day following the day on which they were made available.

  1. FINAL PROVISIONS

If any provision of these GTCs becomes invalid, ineffective or unenforceable for whatever reason, this provision shall be replaced by a valid, effective and enforceable provision. This fact shall not affect the validity, effectiveness and enforceability of other provisions of these GTCs.

If we do not exercise certain right arising from these GTCs or the provision of these GTCs, this shall not constitute the waiver of such our right or provision, unless we acknowledge so in writing.

These GTCs shall become effective on the day they have been made available on the Spalneo Platform.

  1. COMPLAINT AND ALTERNATIVE DISPUTE RESOLUTION

We shall only be liable to deal with complaints concerning the provision of Our Services, i.e. any default in providing the opportunity to make a Reservation or to purchase a GiftCard (the “Complaint”). Complaints concerning the provision of the Provider’s Services shall be addressed directly to the relevant Provider and shall be governed by the Provider’s statute on complaints handling.

Any Complaint must contain a detailed description of the relevant circumstances and the Customer must at our request submit all the relevant documents related to the Complaint.

The Customer may submit his/her Complaint by (a) e-mail at info@spalneo.com (b) in writing to our registered seat at Strakova 3, 811 01 Bratislava or (c) by phone call at the phone number indicated at Spalneo Platform.

We will deal with each Complain and provide our answer to the Customer in due course but at the latest within 30 days upon receipt of the Complaint by an e-mail to the e-mail addressed indicated by the Customer when making the Reservation and/or purchasing the GiftCard.

If you are not satisfied with the manner in which we have dealt with your Complaint or if you believe that we have violated your rights, you may contact us with a request for remedy. If despite your request for remedy, we turn down your request or fail to respond to your request within 30 days after you have sent it, you may file a petition for commencement of an alternative dispute resolution pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes, Amending and Supplementing Certain Acts.

The relevant entity for alternative dispute resolution of consumer disputes is the Slovak Trade Inspection or other relevant authorised 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 consumer may choose which of the above-mentioned entities of the alternative dispute resolution of consumer disputes to turn to.

In the case of an alternative form of sale, to file a petition for the alternative resolution of its dispute, the Purchaser may make use of an on-line platform for the resolution of disputes available at http://ec.europa.eu/consumers/odr/.

Effective from August 22, 2018