General Terms and Conditions for Travelers
Article I. General Provisions
1.1 These General Terms and Conditions for Travelers (hereinafter as „GTCT“) regulate mutual rights and obligations between a limited liability company Nuatri s.r.o., with its seat at A. Jiráska 39, 984 01 Lučenec, the Slovak Republic, Identification No.: 51 280 779, registered with the Commercial Registry of the District Court Banská Bystrica, Section: Sro, File No.: 33376/S and users of its portal www.locals4friends.com registered as travelers, related to the services provided by the Operator.
1.2 Traveler´s acceptance of these GTCT shall be understood as his/her full understanding and acceptance of its content, and as his/her full approval of rights and obligations defined in the GTCT. In case of any discrepancy between these GTCT and the Description of Services Provided for Travelers, the provisions of the Description for Travelers shall prevail.
1.3 GTCT are valid and effective for the individual legal relation between the Operator and Traveler as of the day when such legal relation originates. The Operator may at any time amend the GTCT and such amendment becomes valid and effective towards the Traveler as of the day when it is published in the Traveler´s account on Website.
Article II. Interpretation of Terms
2.1 For purpose of these GTCT and the contractual relationship between the Operator and the Traveler, the following terms are used with the following meaning:
Act – means the act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under distance contracts or contracts executed outside of the business premises of the seller as amended.
Complaints Resolution – means a document called Complaints Resolution that governs the rights and obligations of the Operator and the Traveler connected to the complaints (damage claims) resolution in accordance with the Act, and also with the act No. 250/2007 Coll. on Consumer Protection as amended, and also with the act No. 40/1964 Coll. Civil Code, which is incorporated in this GTCT.
Description for Locals – means a separate document called Description of Services Provided to Locals that contains a description of services provided by the Operator to the Locals and that represents additional terms and conditions of the contract between the Operator and the Local.
Description for Travelers – means a separate document called Description of Services Provided to Travelers that contains a description of services provided by the Operator to the Travelers and that represents a contractual arrangement between the Traveler and the Operator to Section 51 of act No. 40/1964 Coll. Civil Code as amended and Section 2 and Coll. of the Act.
Electronic means – means electronic means used for a transfer of information or for performance of other activities and operations, including Internet, mobile phone, personal computer or any other electronic device.
Local – means a natural person of at least 18 years of age, registered on the Portal upon additional registration as a Local for the purpose of publishing Offers to Travelers.
Operator – means a limited liability company Nuatri s.r.o., with its seat at A. Jiráska 39, 984 01 Lučenec, the Slovak Republic, Identification No. 51 280 779, registered with the Commercial Registry of the District Court Banská Bystrica, Section: Sro, File No.: 33376/S as an operator of the Portal.
Pre-contractual and information obligations – means information provided by the Operator to the interested persons (potential clients) pursuant to the Section 3 and 4 of the Act.
Portal – means a website www.locals4friends.com operated by the Operator.
Provider – means a natural person – entrepreneur or a legal entity that publishes its business offer(s) on the Portal on the grounds of a separate Agency Contract concluded with the Operator.
Traveler – means natural person at least 16 years old, registered on the Portal upon registration via registration form or via Facebook account, who is interested in services provided by the Operator to travelers on the Portal.
Traveler´s account – means a Traveler´s personal account on the Portal that is also understood as a permanent data carrier serving for the delivery, signing and storing of data and documents relating to the contractual relationships between the Operator and Traveler; should the Traveler apply for a status of a Local, this Traveler´s account serves also as the Local´s account.
2.2 The terms defined in Article 2.1 are used solely for the purposes of clarity of the Contractual documents. The content of the provisions is decisive for determining the rights and obligations of the parties.
Article III. Information provided prior to registration and execution of the legal relationship
3.1 The Operator is obliged to provide the Traveler (as a customer) a pre-contractual information in accordance with Section 3 and Section 4 of the Act. The Operator provides such pre-contractual information to the Traveler via Electronic means as follows:
b) The Traveler may at any time (prior to the registration or after the registration) contact the Operator via this e-mail address: email@example.com, and demand further explanation in respect to the provided services and/or Contractual documents.
c) The Traveler shall get acquainted with the Contractual documents prior to his/her registration, while the Traveler himself/herself determines the time-period for such study of the Contractual documents. The registration itself shall be executed by the Operator only after the Traveler confirms that she is aware of the content of these GTCT and agrees with it.
3.2 Prior to executing the registration, the Operator expressly informs the Traveler of the following:
a) Provision of services listed in Article VI. below by the Operator is free of any charge,
b) In accordance with Section 4 par. 6 of the Act, completion of the registration process by the Operator is deemed to be the moment when the Operator begins to provide its services to the Traveler on the Portal and the Traveler expressly agrees that the services are provided before the lapse of withdrawal period pursuant to the Act. The Traveler may not withdraw from the legal relationship with the Operator in the form of withdrawal from the moment when the registration process is completed. The relevant provisions of Article IX. of these GTCT on deregistration are not affected by this provision.
Article IV. Registration and execution of a contract
4.1 Any customer interested in services provided on the Portal may ask the Operator to complete his/her registration and the Operator shall provide such registration under terms and conditions as defined herein. The customer may apply for registration either by submission of a registration form available on the Portal, or via his/her Facebook account.
4.2 The obligatory information included in the registration form are the following: name and surname, gender, e-mail address, state of residence and password used for Traveler´s account. The registration form also includes customer´s confirmation that he/she is at least 16 years old.
4.3 The registration of the Traveler on the Portal shall be completed upon fulfillment of all the following conditions:
a) Submission of the duly filled-in registration form or registration via Facebook account, and
b) Confirmation of the Traveler that he/she is at least 16 years old, and
c) Confirmation of the Traveler that he/she is informed on the content of the Description for Travelers and agrees with it, and
d) Approval of the Personal Data processing, and
e) Approval of the GTCT.
4.4 The information provided by the customer in the registration form must be correct and true; the customer is liable for the content of the provided information.
4.5 The Operator is not obliged to check the validity and correctness of data provided by the customer in the registration form. The Operator shall confirm the completion of the registration by sending a confirmation e-mail.
Article V. Traveler´s account
5.1 The Traveler´s account is accessible to the Traveler and the Operator on the Portal. The Traveler is not limited in his/her use of the Traveler´s account by any special technical requirements.
5.2 The Traveler´s account is accessible to the Traveler without any time limitations. The Traveler shall log in the Traveler´s account on the Portal by entering his/her e-mail address and password provided in the registration form. The password generated by the Operator may be changed by the Traveler at any time in the Traveler´s account.
5.3 Forgotten password of the Traveler may be substituted by a new password provided by the Operator via the option „Forgot your password? “. After providing the e-mail address identical with the registered e-mail address, the Operator shall generate and e-mail a new password to the Traveler´s e-mail address.
5.4 The Traveler´s account is a permanent data carrier (as defined bythe valid legal regulation) and it is available as:
a) An information instrument for access to the Contractual documents in an electronic form,
b) An instrument for storage of the Contractual documentation and any other information exchanged by and between the Operator and the Traveler,
c) An instrument for communication between the Operator and the Traveler,
d) An instrument for submission of an additional registration form in order to become a Local.
5.5 The Traveler´s account is an instrument for an amendment of Traveler´s registration information and for a change of password. The Traveler is liable for the validity and correctness of the provided (amended) data.
Article VI. Services provided by the Operator
6.1 The Operator is obliged to provide the following services to the Traveler:
a) Completion of the registration on the Portal,
b) Providing the Traveler´s account on the Portal,
c) Providing access to the offers published on the Portal by Locals and/or Providers,
d) Providing a communication channel between Travelers on one side and Locals or Providers on the other side.
6.2 The Traveler has full access to the services provided by the Operator upon log-in to the Traveler´s account.
6.3 In case the Traveler is interested in a certain offer of Local or Provider, he/she may initiate the communication channel provided by the Operator by using a tool „CONNECT“. The Operator shall thereafter initiate such communication channel with the selected Local (Provider). However, the addressed Local or Provider are thereafter liable for any communication and the Operator does not participate in their communication. The communication channel provided by the Operator is not limited in time.
6.4 The communication channel between the Traveler and the Local or Provider is deemed to be provided as of the moment when a channel is opened and ready for messaging. The Operator does not guarantee neither Local´s nor Provider´s response time.
6.6 The Operator is not liable for conclusion and/or execution of any contract or agreement between the Traveler and Local or Provider.
Article VII. Rights and Obligations of Operator and Traveler
7.1 While communicating with the Operator, the Local or the Provider, the Traveler is obliged to act in good manners, namely he/she is obliged to refrain from abusive, insulting, vulgar, abusive, discriminating, non-ethical or in other way inappropriate statements.
7.2 The Traveler is obliged to update his/her personal and contact information provided in the Traveler´s account without any delay.
Article VIII. Complaints Resolution and Information on Alternative Dispute Resolution
8.1 In accordance with Section 18 par. 1 of the act No. 250/2007 Coll. on Customer Protection as amended, the Operator hereby duly informs the Traveler as a customer on terms and conditions of complaints resolution and on the manner in which the Traveler may file his/her claim or raise his/her objections rising from the liability of the Operator for provided services, and on the location, where such claim can be filed.
8.2 Complaint means delivery of any file or petition of the Traveler, in which he/she claims any damage or liability towards the Operator in connection to the improperly provided services, i.e. for services provided by the Operator in defiance of the Contractual documents. Any file or petition submitted by the Traveler is always considered by the content, not by title of such petition
8.3 A file or a petition of the Traveler or any third person, which contains a request to obtain (additional) information on services provided by the Operator on the Portal, is not considered as a complaint.
8.4 Complaint must be filed without undue delay, so that the proper steps may be taken by the Operator.
8.5 Complaint must contain at least the following information:
a) Name and surname of the claimant,
b) Contact information of the claimant, including his/her e-mail address,
c) Clear and sufficient description of claimed situation and evidence supporting the claim,
d) Proposed manner of claim settlement,
e) Date and signature of the claimant in case the complaint is delivered to the Operator personally or via mail in written form.
8.6 Complaint may be delivered as follows:
a) In a written form to the address of the Operator - A. Jiráska 39, 984 01 Lučenec, the Slovak Republic,
b) Electronically, to the following e-mail address: firstname.lastname@example.org, or
c) Electronically via the Traveler´s account.
8.7 In case that the complaint does not contain all information as required in these GTCT and in valid legal regulations, or if it does not include evidence or information necessary for its examination, the Operator shall ask the Traveler in written or by Electronic means to provide such additional information or evidence in additional period of minimally 10 days. The Operator shall also inform the Traveler that failure to provide the requested information or evidence in the additionally provided period, such complaint may not be examined and the proceeding will be stopped.
8.8 The Operator shall stop the proceeding if the complaint does not include all necessary information and evidence as regulated by the valid legal regulations and these GTCT and such information and evidence is not provided to the Operator upon its request pursuant to the Article 8.7 above. The Operator shall stop the proceeding also in case that the complaint is submitted by an unauthorized person.
8.9 The Operator shall accept the complaint upon due reasons. Such acceptance of complaint shall include the information on the steps to be taken in order to remedy existing negative effects and to prevent future negative effects. The complaint proceeding may be passed by providing a new service or a substitutional service.
8.10 The Operator shall dismiss the complaint if such complaint is unjustified or unreasonable. The Operator is obliged to provide reasons for such a dismissal of a complaint.
8.11 The Operator is obliged to confirm the receipt of the complaint to the claimant. In case the complaint is submitted by Electronic means, the Operator is obliged to immediately send the receipt thereof. If such receipt may not be delivered to the complainant immediately, it must be delivered to the complainant no later than together with the information about the result of the complaint proceeding. The confirmation on the receipt of a complaint may not be issued in case that the complainant may prove submission of the complaint by other means.
8.12 The Operator is obliged to provide written evidence on result of the complaint proceeding no later than 30 days from the day when it was filed by the claimant.
8.13 The Operator is obliged to choose how to proceed with the complaint and to complete the complaint proceeding without undue delay. The complaint proceeding may not take more than 30 days from the day when the complaint was filed. In case the Operator fails to complete the complaint proceeding in 30-days period, the complainant may withdraw from the contract.
8.14 Period for completion of the complaint proceeding starts to run from the day when the complaint is duly filed, i.e. when it contains all obligatory information and evidence.
8.15 The Operator is obliged to keep the record of the complaints and provide such record to the state authorities upon request. Such record on complaints must include information on the date of filing a complaint, the date and the resolution of the complaint and a tracking number for each complaint.
8.16 This Complain Resolution becomes valid and effective as of the day when these GTCT become valid and effective.
8.17 Since the Operator´s services are provided under distance contracts, the customer may object to the complaint proceeding by e-mail (e-mail address: email@example.com). If the Operator fails to reply to such objection within 30 days period or if such reply of the Operator is not satisfactory for the Traveler, the customer may initiate an alternative dispute resolution proceeding pursuant to the act No. 391/2015 Coll. on an alternative dispute resolution as amended. Such alternative dispute resolution may be held at bodies and authorized legal persons defined in Section 3 of the act No. 391/2015 Coll.. Application may be submitted by the customer in accordance with Section 12 of the act No. 391/2015 Coll.. The customer may initiate this alternative dispute resolution proceeding also via website http://ec.europa.eu/consumers/odr/.
8.18 Alternative dispute resolution is applicable only for disputes arising from relationship between the Operator and the Traveler as a customer and related disputes. However, disputes included in Section 1 par. 4 of the act No. 391/2015 Coll. and the disputes, value of which is not higher than EUR 20, may not be processed in an alternative system of dispute resolution. Z. z. A petition is filed in accordance with Section 3 of the act No. 391/2015 Coll. on above-mentioned website or on a form, specimen of which is attached to the act No. 391/2015 Coll.. Authorized bodies for the alternative dispute resolution may require an administrative fee up to EUR 5,- incl. VAT. If more than one body of the alternative dispute resolution are competent, the customer may decide on the addressee of the application. The customer may also initiate a judicial proceeding on the competent general court.
Article IX. Existence and Termination of the Contract
9.1 The contractual relationship for an indefinite period of time is deemed to be effective at the moment of registration of the customer, as the Traveler, by the Operator.
9.2 The Traveler may, even without reason, terminate his/her registration on the Portal and his/her Traveler´s account. Such termination is performed by using a tool „CANCEL ACCOUNT“. The Operator shall thereafter inform the Traveler by sending an e-mail that will contain a confirmation of Account cancellation. Such notification shall always include information that the Traveler may ask for electronic copy of the Contractual documents in an e-mail reply to such notification.
9.3 The Operator may cancel the registration and the Traveler´s account in case that:
a) The Traveler breaches the rules of communication as defined in Article 7.1 above;
b) The Operator legally becomes aware of the fact that the Traveler breaches or breached valid legal regulations;
c) The Operator becomes aware of the fact that the personal and/or contact information provided by the Traveler are incorrect;
d) The Operator becomes aware of the fact that the Traveler is younger than 16 years old.
9.4 The Operator is obliged to notify the Traveler about the registration cancellation pursuant to the Article 9.3 above by e-mail without undue delay. Such notification shall always include the information that the Traveler may ask for an electronic copy of the Contractual Documents in an e-mail reply to such notification.
Article X. Common and Closing Provisions
10.1 The communication between the Operator and the Traveler executed in accordance with these GTCT takes place by Electronic means, and as such it is considered to be executed in a written form.
10.2 Notifications and any other correspondence shall be delivered to the other party upon log-in of the Traveler in his/her Traveler´s account, via e-mails and/or in written on the communicated mailing address of the Operator. A mail sent via Electronic means is deemed to be delivered on the calendar day following the day of its dispatch. Notifications and other correspondence delivered within the Traveler´s account are deemed to be delivered on the calendar day following the day when it was published in the Traveler´s account. The Traveler explicitly agrees that the Operator´s notifications and the information may be delivered also via automatic means of electronic communication.
10.3 The contractual relationship between the Operator and the Traveler is governed by the legal regulations of the Slovak Republic, mostly by the Civil Code, Act No. 102/2014 Coll. and these GTCT.
10.4 Any and all communication exchanged between the Operator and the Traveler shall be in an English language unless the Traveler starts the communication in the Slovak language; the Contractual documents are also available in the Slovak language on the Portal.
10.5 The disputes arising from the contractual relationship between the Operator and the Traveler shall be settled by an agreement. Should the negotiations between the parties fail, the Traveler may initiate an alternative dispute resolution proceeding in accordance with the Article VIII. of these GTCT. Should such alternative dispute resolution proceeding fail, mutual claims shall be validly and effectively settled by the competent Slovak court and under the valid and effective Slovak law.
10.6 These GTCT is valid and effective as of May 25th, 2018.