General Terms and Conditions valid and effective for the use of the websites www.easybooking.sk, www.easybooking.cz and the provision of the EASYBOOKING service.
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions govern the legal relationship between the company:
R1 Systems s. r. o. A. Hlinku 3058/12, 926 01 Sereď, Slovak Republic Company ID (IČO): 52536190, Tax ID (DIČ): 2121088970 VAT ID (IČ DPH): SK2121088970 (registered under Section 7a of Act No. 222/2004 Coll.; the company is not a VAT payer) Registered in the Commercial Register of the District Court Trnava, Section: Sro, Insert No. 45269/T
(hereinafter the “Company”) and a visitor, arising when browsing the content of the website, and the legal relationship between the Company and a user, arising when the user uses the service. The visitor and the user are bound by the rules set out in these General Terms and Conditions from the moment they acquire the status of a visitor or user.
1.2. Legal relationships not governed by these General Terms and Conditions shall be governed by the relevant generally binding legal regulations valid and effective in the Slovak Republic, in particular Act No. 513/1991 Coll., the Commercial Code, even where a foreign element or the legal order of another state is involved.
2. DEFINITIONS OF BASIC TERMS
2.1. Website - the website whose content is displayed to the visitor and user in a web browser after entering the domain address www.easybooking.sk (hereinafter the “domain”) or any subdomain directly or indirectly related to this domain.
2.2. Website content - all graphic, textual or other content displayed to the visitor or user when browsing the website or using the service.
2.3. Visitor - a natural or legal person to whom the content of the website is displayed in a web browser. A person who is not a user and browses the content of the website is considered a visitor until the user’s successful registration.
2.4. User - a natural or legal person, whether or not acting as an entrepreneur, who has completed the registration form with true information and registered to use the service provided by the Company. If the user allows a third party with whom the user has an employment or similar relationship, or who is a member of a legal entity that is the user, to use the service, the term user also extends to that person, who acts on behalf of the user in full.
2.5. Registration - providing all true and correct information required by the Company in the registration form for the use of the service by the user, consenting to the General Terms and Conditions and consenting to the processing of personal data.
2.6. User account - the user’s working environment on the website, to which the user gains access after registration and which serves for the use of the service by the user. Access to each user account is defined by a unique combination of login name and password. The user account is linked to one e-mail address provided by the user. Consent to these General Terms and Conditions of the Company is a mandatory and unconditional part of creating a user account.
2.7. User content - data content created by the user through the software environment of the website via the user account and stored in the Company’s data storage. User content is not website content and is the exclusive property of the user.
2.8. Service - a booking system functioning as an electronic booking book through which a client of the user books a service using an online form. The booking form may be accessible on the user’s website. The Company provides the service for a fee, at prices according to the current price list available on the website, or free of charge. The Company has the right to create a service package giving the user access to the service under preferential conditions, the package being limited to a certain period of time according to the current price list available on the website. The service also includes the storage of information and user content entered by the user into the service.
2.9. Technical device - a device enabling connection to the website, browsing of website content and use of the service, in particular a personal computer, laptop, tablet or smartphone.
2.10. Client of the user - any natural or legal person who books a service or appointment with the user through the service. The client of the user has no contractual relationship with the Company; the legal relationship arises exclusively between the user and the user’s client.
2.11. Payment gateway - an external provider of electronic payment services (GOPAY s.r.o., registered office Planá 67, 370 01 Planá, Czech Republic, Company ID: 26046768, hereinafter “GoPay”), through which the user pays the price for the provision of the service to the Company, or the client of the user pays for services to the user.
2.12. Transaction - a successful payment made through the payment gateway.
2.13. Booking - an order of a service by the client of the user through the booking form available within the service.
2.14. Booking form - an electronic form enabled by the Company and published by the user, through which the client of the user makes a booking.
2.15. Force majeure - an event beyond the Company’s control which could not be foreseen or prevented and which prevents the proper provision of the service, in particular internet or power outages, cyber-attacks, natural disasters, failures of third-party infrastructure or intervention by a public authority.
2.16. Gift voucher - an electronic voucher product created or uploaded into the service by the user, intended for payment (in full or in part) of the price of the user’s services or for redeeming a certain value or performance with the user, issued by the user and delivered to the client of the user after a successful transaction, usually by e-mail, with a unique code.
2.17. Season pass - an electronic product created or uploaded into the service by the user, intended for redeeming a predefined number of entries, visits, units or other performance with the user (e.g. 10 entries, 5 treatments, 120 minutes), issued by the user and delivered to the client of the user after a successful transaction, usually by e-mail, with a unique code.
2.18. Unique code - a unique alphanumeric code assigned to a gift voucher or season pass, used for its identification and redemption in the system. The unique code may be redeemed only in accordance with the rules set by the user and the system.
2.19. Voucher product - a collective term for a gift voucher and a season pass.
2.20. Redemption of a voucher product - the use of a unique code by the client of the user within a booking or when paying for the user’s services (according to the user’s settings), by which the price is reduced or paid, or the relevant number of units/entries is deducted.
2.21. User wallet - the internal record of the user’s funds in the system, to which payments received from the user’s clients (including payments for voucher products) are credited after deduction of fees under these Terms, and from which payouts are subsequently made at the selected frequency.
2.22. Consumer - a user who is a natural person and who, when concluding and performing the contractual relationship with the Company, does not act within the scope of their business activity, employment or profession.
2.23. Taxable person - a user who is a taxable person for value added tax purposes under the legislation of the state of their registered office, place of business or residence, regardless of whether they are registered as a VAT payer.
3. RULES FOR BROWSING THE WEBSITE
3.1. The visitor has the right to browse the content of the website using a technical device.
3.2. When browsing the website and any part of its content, the visitor must act in such a way as not to interfere with the rights of the Company, other visitors, other users or any third parties.
3.3. The visitor may not download the website content or any part of it to a technical device from the website environment, nor make any visual, audio or audiovisual recording of the website content.
4. REGISTRATION RULES AND TERMS OF USE
4.1. If a visitor wishes to use the service, they must register via the registration form available on the website. After registration, the user selects one of the packages listed on the website according to the conditions set out in the Company’s price list.
4.2. The visitor must provide all mandatory information in the registration form to the extent determined by the Company. The visitor must provide true and correct information. If the visitor provides false or incorrect information in the registration form and on that basis unlawfully enjoys the status of a user, the visitor is liable for all damage caused, without any contribution by the Company.
4.3. The visitor acquires the status of a user at the moment of sending the registration form containing all mandatory information that is true and correct. An essential part of a properly completed form is consent to these General Terms and Conditions, given by ticking the relevant boxes during registration.
4.4. After the properly completed form has been successfully sent, the Company sets up a user account for the user, which the user is entitled to use when using the service. Registration is then complete.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The user account may be used only by the user, i.e. the person who completed and sent the properly completed form to the Company. If the user discloses the login details of their user account to a third party, the user alone, without any involvement of the Company, bears the consequences of any damage caused to the user, the Company or any third party in connection with the use of the service by that third party.
5.2. If the Company finds that the registration form sent is not properly completed, the Company reserves the right to unilaterally cancel the user account and irreversibly remove all user content by deleting it from the data storage, without refunding the price paid for the use of the service. In such a case, the Company is not liable for any damage caused to any third party.
5.3. Each user may register only once and use the service through a single user account; each user account is linked to one e-mail address. If an already registered user registers again while their user account exists, the Company reserves the right to unilaterally remove the later duplicate user account without refunding the price paid for the use of the service. In such a case, as this is a condition for the existence of the user’s right to use the service, the user is not entitled to compensation for any damage.
5.4. The user acknowledges that the Company does not provide archiving of records or retention of data created by the user.
5.5. The user has the right to use the user account for the purpose of using the service.
5.6. The user must pay the Company the price for the provision of the service to the extent and in the manner set out in the General Terms and Conditions and in accordance with the valid price list available on the website.
5.7. The user must act so as to prevent unauthorised access to the user account by any person not authorised to access it, and in particular must take all measures to prevent the leakage of the login name and password; otherwise the user is liable for all damage suffered as a result by the Company or any other third party.
5.8. If the user finds that an interference with the rights of the Company or any third party is imminent or has already occurred, the user must notify the Company without delay.
5.9. The user has the right to download specific content designated by the Company and, when using the service, to upload data related to the user’s business activity to the data storage designated by the Company as user content.
5.10. The user has the right to keep user content in the data storage designated by the Company until the end of the provision of the service; the end of the provision of the service is the end of the last day of the period during which the user used the service for which they paid the price. The user will have the right to access the user account even after the end of the provision of the service until the data is deleted from the data storage; after the end of the provision of the service, the user will not be able to create new user content.
5.11. If the Company finds that the user stores data in the data storage designated by the Company within the use of the service that interferes or may objectively interfere with the rights of the Company or any other third parties, the Company has the right to unilaterally remove the user content from the data storage by deleting it. The Company will notify the user of the intended action before carrying it out. In such a case, the Company is not liable for any damage that may be caused to the user or any third party as a result. The Company also reserves the right to delete such user account without refunding the price paid for the use of the service.
5.12. If the user finds deficiencies in the service, they must report them to the Company without undue delay, i.e. no later than within 3 days of discovering them. If the deficiencies are not reported within this period, the Company is not liable to the user for damage caused by such defect.
5.13. Upon termination of the use of the service during the regular operation of the service, the user is not entitled to a refund of the price paid for the use of the service.
5.14. The user is entitled to unilaterally terminate the use of the service at any time.
5.15. The user is not entitled to copy, modify, distribute, sublicense or otherwise interfere with the Company’s software, source code or databases. The user has only a non-exclusive, non-transferable and time-limited right to use the service to the extent set out in these General Terms and Conditions.
5.16. The user is responsible for ensuring that the use of the service complies with the legal order of the Slovak Republic and the legislation of the state in which the user uses the service.
5.17. The user acknowledges that all rights to the software, source code, databases, graphic elements, texts, interfaces, business name, logo, trademarks and other elements of the service belong exclusively to the Company or its contractual partners. The user acquires only a non-exclusive, non-transferable and time-limited right to use the service to the extent set out in these General Terms and Conditions. In particular, the user is not entitled to: a) interfere with the software or source code of the service, reverse-engineer or decompile it, b) copy, reproduce, distribute or otherwise commercially exploit the service, its parts or databases beyond normal use in accordance with the purpose of the service, c) use the Company’s business name, logo or trademarks in a way that could create the impression that they are the user’s products or services, or that is contrary to the Company’s interests, d) register domain names identical or confusingly similar to the domains or designations used by the Company.
6. RIGHTS AND OBLIGATIONS OF THE COMPANY
6.1. The Company provides the service to users through the website, either for a fee or free of charge. The Company decides unilaterally whether the service is provided free of charge and for how long.
6.2. When providing the service, the Company creates conditions for the user’s proper use of the service.
6.3. The Company, as a legal entity, provides the service for business purposes, exclusively within its registered business activities of intermediation in the field of services, administrative services and computer services.
6.4. The Company must ensure that the service is provided continuously for the duration of its provision. An interruption of the service due to circumstances excluding liability is not considered a breach of the Company’s obligations. Likewise, an interruption of the service due to the Company’s maintenance work is not considered a breach of obligations.
6.5. The Company undertakes to inform the user of all material changes concerning the user.
6.6. The Company has the right to obtain and use data about the user and any other third parties from other publicly available or private sources, in compliance with the legal order of the Slovak Republic.
6.7. The Company has the right to unilaterally cancel the user’s account and remove the user content from the data storage if the user breaches any of their obligations under the General Terms and Conditions, without refunding the price paid for the use of the service.
6.8. If the user fails to pay the price for the use of the service even within 10 days of the due date of the advance invoice, the Company may claim payment of the price for the service before the competent court of the Slovak Republic. Clause 6.7 is not affected hereby.
6.9. The Company reserves the right to unilaterally supplement or amend these General Terms and Conditions.
6.10. The Company is not liable for: a) damage caused by a service outage due to force majeure, internet connection outages or failures of third parties, b) indirect damage, loss of profit or loss of user data, c) content stored in the service by the user.
6.11. The Company is entitled to refuse to provide or to terminate the provision of the service to a user who breaches these General Terms and Conditions or the legal order of the Slovak Republic.
6.12. If the user is in default with any payment under these General Terms and Conditions for more than 10 days after the due date, the Company is entitled to suspend the provision of the service and restrict access to the user account or part of it until all due obligations of the user have been paid in full. During the suspension, the user is not entitled to compensation for any damage or to a price reduction.
6.13. The user agrees that the Company may present the user’s name and logo as its reference on its websites, in presentations and marketing materials during the legal relationship and for 3 years after its termination. The user may revoke this consent in writing at any time; in such case the Company will remove the user’s logo and name from online materials within a reasonable period.
7. PAYMENT TERMS
7.1. The Company is entitled to payment of the price for the provision of the service according to the valid price list published by the Company on the website. The Company reserves the right to change the price for the provision of the service unilaterally. If the price for the service changes, the Company must honour the price according to the price list valid at the time the legal relationship between the Company and the user arose, for the period for which that price is to apply.
7.2. A visitor who becomes a user must pay the price for the provision of the service through the payment gateway.
7.3. The price is deemed paid at the moment it is credited to the Company’s account.
7.4. All prices are stated as final, as the Company is not a value added tax (VAT) payer. If the Company becomes a VAT payer, prices for users to whom the Company is obliged to charge VAT will be increased by VAT at the statutory rate, of which the Company will inform the user at least 30 days in advance. The tax treatment of invoicing is governed by clause 7.7 of these General Terms and Conditions.
7.5. Payments via the GoPay payment gateway
7.5.1. Payments for the use of the service are made through the GoPay payment gateway operated by GOPAY s.r.o., registered office Planá 67, 370 01 Planá, Czech Republic, Company ID: 26046768 (hereinafter “GoPay”).
7.5.2. The user may pay the price for the service cashless via: a) payment card, b) instant online bank transfer, c) Apple Pay or Google Pay (where available), d) other payment methods supported by GoPay.
7.5.3. The Company is not liable for technical errors, unavailability of the payment gateway or for unsuccessful or declined transactions for reasons on the side of GoPay, the user’s bank or payment service provider.
7.5.4. When processing a payment, the Company does not process the user’s payment card data. Such data is processed exclusively by GoPay as an independent controller under its own privacy terms.
7.5.5. If a payment is marked as unsuccessful or incomplete, the user must repeat the payment or choose another payment method. Until the price is paid, the Company is not obliged to make the service or its paid parts available.
7.5.6. The Company is entitled to require additional identity verification from the user (e.g. 3D Secure) where required by the rules of card schemes, the bank or GoPay.
7.5.7. A refund of the price for the service may be granted only where required by law or by these General Terms and Conditions. The Company is not obliged to refund the price for a service already provided.
7.5.8. GoPay may carry out control, security or fraud checks of payments. The Company cannot influence this process and is not liable for its outcome.
7.5.9. By using the GoPay payment gateway, the user declares that they have read the GoPay terms and conditions available at www.gopay.com.
7.6. Recurring payments and subscriptions
7.6.1. The Company enables payment for services by recurring payments (subscription). A recurring payment serves exclusively to pay for EASYBOOKING subscription packages provided on a monthly, semi-annual or annual basis, as chosen by the user when creating the order.
7.6.2. The amount of the recurring payment is fixed at the price of the selected subscription package valid at the time the recurring payment is set up. This amount does not change during the subscription unless the user changes or cancels their package.
7.6.3. The maximum amount of the recurring payment may currently reach up to EUR 358.80 per year (EUR 29.90 × 12 months), depending on the selected package. The Company reserves the right to adjust this maximum amount in the future; the user will be informed of such change in advance via the website or by e-mail.
7.6.4. The recurring payment is charged for an indefinite period until cancelled by the user or until the Company terminates the provision of the service in accordance with these terms and conditions.
7.6.5. The recurring payment is charged monthly, semi-annually or annually, depending on the type of subscription selected in the order. The payment is always charged on the same calendar day as the day the original order was created (e.g. order created on 19 December → next monthly payment charged on 19 January).
7.6.6. The date and frequency of the recurring payment are fixed and based on the data entered when the subscription was set up.
7.6.7. The user can manage, change or cancel the recurring payment:
7.6.8. Cancelling the recurring payment ends further automatic charges. The subscription period already paid is not affected. Detailed information on cancellation is set out in these terms and conditions.
7.6.9. The user acknowledges that by setting up a recurring payment they consent to the storage of payment data by the GoPay payment gateway for the purpose of executing recurring payments. Neither the Company nor the EASYBOOKING system has access to full payment card data.
7.6.10. The GoPay payment gateway handles the user’s payment data in accordance with the international security standard PCI-DSS Level 1, which represents the highest level of security in payment card processing.
7.6.11. The user agrees to the terms of recurring payments upon registration in the EASYBOOKING system, thereby confirming that they have read and agree to these terms.
7.7. Value added tax and cross-border provision of the service
7.7.1. The Company is not a value added tax payer in the Slovak Republic. The Company is registered for VAT under Section 7a of Act No. 222/2004 Coll. on Value Added Tax, as amended (hereinafter the “Slovak VAT Act”), and has been assigned the VAT ID stated in clause 1.1 of these General Terms and Conditions.
7.7.2. The provisions of this clause apply to all supplies by the Company to the user, in particular the price for the provision of the service, subscription packages under clause 7.6, and transaction and other fees under clauses 8.6 and 8.7 of these General Terms and Conditions.
7.7.3. In the registration form, the user must truthfully state whether they are a taxable person or a consumer, and the state of their registered office, place of business or residence.
7.7.4. To a user with a registered office, place of business or residence in the Slovak Republic, the Company issues invoices without VAT, stating that the Company is not a VAT payer.
7.7.5. The place of supply of the service to a user who is a taxable person with a registered office or place of business in another Member State of the European Union is the user’s state (Art. 44 of Council Directive 2006/112/EC, Section 15(1) of the Slovak VAT Act). Such a user must provide, in the registration form and in any case before paying the first payment, their valid VAT identification number valid for intra-EU transactions (hereinafter the “VAT ID”). The Company is entitled to verify the validity of the VAT ID in the VIES system.
7.7.6. To a user under clause 7.7.5, the Company issues invoices without VAT, stating “reverse charge”. The user is obliged to declare and pay the tax in the state of their registered office or place of business in accordance with local legislation.
7.7.7. A user under clause 7.7.5 acknowledges that, even if they are not a VAT payer, the legislation of the state of their registered office or place of business, adopted on the basis of Articles 196 and 214 of Council Directive 2006/112/EC, generally requires them to register for VAT, or to request activation of their tax number for intra-EU transactions, in connection with receiving a service from a provider established in another Member State, either before receiving the service or within the period set by such legislation (e.g. in the Czech Republic as an “identified person” under Section 6h of Act No. 235/2004 Coll. on Value Added Tax, or in Spain by entry in the ROI register). Fulfilment of these obligations is the sole responsibility of the user.
7.7.8. If a user under clause 7.7.5 does not provide a valid VAT ID, or if their VAT ID ceases to be valid, the Company is entitled to treat the user as a non-taxable person and proceed in accordance with clause 7.7.9.
7.7.9. To a user with a registered office or residence in another Member State of the European Union who is not a taxable person, in particular a consumer, the Company issues invoices without VAT, provided that the total value of electronically supplied services provided by the Company to non-taxable persons in other EU Member States does not exceed EUR 10,000 in a calendar year (Art. 59c of Council Directive 2006/112/EC). Once this amount is exceeded, the Company is entitled to add VAT at the rate applicable in the user’s state to the price of the service, of which it will inform the user at least 30 days in advance. If the user does not agree with such price change, the user is entitled to terminate the use of the service.
7.7.10. To a user with a registered office, place of business or residence outside the European Union, the Company issues invoices without VAT, as the place of supply of the service is outside the territory of the Slovak Republic. The user is responsible for fulfilling tax obligations under the legislation of the state of their registered office, place of business or residence.
7.7.11. The user is responsible for the accuracy, completeness and timeliness of the billing and tax information stated in the user account and must update any change without delay, in particular a change of registered office, residence, taxable person status, or loss of validity of the VAT ID. A user who is not a consumer is liable for all damage, including tax penalties, interest and costs, incurred by the Company as a result of false, incorrect or incomplete information provided by the user or the user’s breach of their tax obligations.
7.7.12. The Company’s invoices are issued in electronic form and made available in the user account or sent to the user’s e-mail address, to which the user hereby consents.
7.7.13. If the Company becomes a VAT payer or the legislation governing VAT changes, the Company is entitled to adjust its invoicing accordingly; any price increase is governed by clause 7.4 of these General Terms and Conditions.
8. CLIENT PAYMENTS TO THE USER VIA THE GOPAY PAYMENT GATEWAY (COLLECTION MECHANISM)
8.1. The service enables the user’s clients to pay the price for the user’s services through the GoPay payment gateway. The payment is credited to the Company’s collection account held with GoPay (hereinafter the “collection account”). This account serves exclusively for the technical intermediation of payments.
8.2. Funds credited to the collection account are not the property of the Company. The Company holds them only temporarily and solely for the purpose of their subsequent payout to users under these terms and conditions. All funds received remain the property of the user at all times.
8.2a. The user hereby expressly authorises the Company to receive payments from the user’s clients through the collection account and to handle them to the extent necessary to perform these General Terms and Conditions, in particular to record them, set off fees and subsequently pay them out to the user, and to carry out all acts necessary for the technical intermediation of these payments. This authorisation is granted for the duration of the legal relationship between the user and the Company and expires upon payout of all funds held by the Company in relation to the user.
8.3. The Company is not a party to the legal relationship between the user and the user’s client. The Company is not the provider of the service booked or purchased by the client from the user and bears no responsibility for the quality, scope, performance or delivery of the service by the user.
8.4. The Company pays out to the user the funds received on the collection account: a) every 14 days, or b) once a month, as selected by the user in their user account. If the user changes the payout frequency, the change applies from the next collection period.
8.5. Funds are paid out to the user by bank transfer to the bank account (IBAN) stated by the user in their account. The Company is responsible for sending the funds, not for their crediting by the user’s bank.
8.6. Before payout to the user, the following are automatically deducted from the funds received: a) GoPay fees according to its current fee schedule, b) the Company’s fees according to the price list, c) amounts necessary to cover refunds, complaints or chargebacks.
8.7. For each transaction made by a client of the user through the GoPay payment gateway, a uniform transaction fee is charged in the amount of 2.5% of the transaction value + EUR 0.35 per transaction (hereinafter the “transaction fee”). The transaction fee is automatically deducted from the payment received before it is credited to the user’s wallet in the EASYBOOKING system. The user acknowledges that all transaction fees are deducted on an ongoing basis with each transaction.
8.8. Example of transaction fee calculation: For full transparency, here is an example calculation for a typical transaction:
Result: The user will be credited EUR 20.00 − EUR 0.85 = EUR 19.15. This amount will be shown in the user’s wallet and subsequently paid out according to the payout frequency set by the user (14 days or monthly).
8.9. The Company is entitled to adjust the transaction fee in the event of a change in the GoPay price list or in its own fee schedule. The Company must inform the user of a change in the transaction fee at least 15 days in advance. If the user does not agree with the change, the user is entitled to terminate the use of the service under these Terms.
8.10. In the event of a complaint, cancellation or chargeback, the Company is entitled to: a) withhold the relevant amount from the next payout to the user, b) set it off against the user’s balance, c) demand payment from the user if the balance is insufficient.
8.11. The user is solely responsible for all claims of their clients, including:
8.12. The Company is not liable for: a) withholding or rejection of a client’s transaction, b) technical problems of GoPay or the bank, c) delays in crediting payments by GoPay, d) blocking of funds within GoPay’s fraud or AML process, e) incorrect data entered by the client or the user.
8.13. If GoPay or a bank withholds funds due to suspicion of an unauthorised transaction, fraud, money laundering or other security risk, the Company bears no responsibility for the duration of the withholding or its consequences.
8.14. The Company may temporarily withhold the payout of funds to the user in the following cases: a) suspected breach of law or GoPay rules, b) a high number of complaints or chargebacks, c) a dispute between the user and a client, d) lack of cooperation on the part of the user, e) the need to carry out security verification of transactions.
8.15. The user must provide the Company and GoPay with full cooperation in verifying transactions, in particular proof of the service provided or communication with the client.
8.16. The Company does not process clients’ payment card or bank account data. Such data is processed exclusively by GoPay as an independent controller under its terms and conditions and privacy policy.
8.17. The user declares that they have read the GoPay terms available at www.gopay.com and agree to comply with them.
8.18. Tax documents for the user’s services (invoices, receipts) towards the user’s clients for services booked or paid by the client through the service are issued exclusively by the user as the supplier of the service. The Company issues tax documents only for its own services provided to the user (in particular subscriptions, fees for the use of the service and payment processing fees according to the price list, together with a detailed payment overview). This clause applies mutatis mutandis to payments by the user’s clients for voucher products (gift vouchers and season passes).
8.19. Cancellation, rescheduling and refund conditions towards the user’s clients (including conditions for the sale of voucher products) are determined exclusively by the user in their booking form, in their own terms and conditions or in another appropriate manner. The Company does not determine or control these conditions and bears no responsibility for their content or compliance. All claims of the user’s clients concerning cancellation, rescheduling or refunds are made directly against the user.
8.20. After successful payment of a booking, the system sends the client of the user a booking confirmation to their e-mail address or via another selected communication channel. The Company is responsible only for sending the confirmation from the information system; it is not responsible for its delivery in the event of problems on the client’s side (in particular an incorrect e-mail address, full mailbox, spam filters, e-mail provider failures, etc.).
8.21. Between the user and the user’s client, payment for the user’s services is deemed made at the moment the relevant amount is credited to the Company’s collection account held with GoPay. The fact that funds are temporarily held on the Company’s collection account under these General Terms and Conditions does not affect the fulfilment of the client’s obligation to pay the price to the user.
8.22. Sale of gift vouchers and season passes (voucher products)
8.22.1. The service enables the user to create, upload, manage and offer voucher products for sale through the booking form or other online outputs of the service. The user determines in particular their value, content, redemption rules, validity, any restrictions and design; the Company provides only the technical means for their recording, sale and delivery.
8.22.2. A client of the user may purchase a voucher product online and pay for it through the GoPay payment gateway. The provisions of this Section 8 (collection mechanism), in particular clauses 8.1 to 8.17, apply mutatis mutandis to payments for voucher products.
8.22.3. After a successful transaction, the system usually automatically delivers the voucher product with the unique code to the e-mail address entered by the client. The Company is responsible only for sending it from the information system; it is not responsible for delivery in cases on the client’s side (in particular an incorrect e-mail address, spam filters, full mailbox, e-mail provider outages, etc.).
8.22.4. The user acknowledges that, in relation to the client of the user, the voucher product is a performance of the user (not the Company) and that the user is the sole issuer and seller of the voucher product. The Company is not a party to the legal relationship between the user and the user’s client, including in the sale of voucher products.
8.22.5. Funds received for voucher products are credited to the Company’s collection account held with GoPay and subsequently recorded in the user’s wallet, with fees under clauses 8.6 and 8.7 of these Terms deducted before crediting to the user’s wallet. Payout to the user is made in accordance with clauses 8.4 to 8.6.
8.22.6. Voucher products may be redeemed exclusively with the user and in accordance with the rules set by the user in the service. The Company does not guarantee that a voucher product can be redeemed outside the service or outside the processes set by the user.
8.22.7. The user must set clear rules for the use of voucher products towards their clients (in particular: validity, scope of redemption, partial redemption, combination with discounts, transferability, cancellation/refund options, procedure in case of a lost code) and make them available to clients in an appropriate manner (e.g. in the booking form, on the website or in their own terms and conditions). The Company does not determine or control these rules and bears no responsibility for their content or compliance.
8.22.8. Complaints, requests for cancellation, exchange, extension of validity, refunds or other claims of the user’s clients relating to voucher products are handled exclusively by the user. The Company bears no responsibility for the content of the voucher product or for whether the user allows its redemption, refund or exchange.
8.22.9. If the user grants a client a refund for a voucher product, the user must ensure appropriate settlement of the transaction; the Company is entitled to settle the refund by the methods set out in clause 8.10 (withholding from payouts, set-off against the balance, request for payment).
8.22.10. In the event of abuse, suspected fraud, unauthorised redemption of a code, an increased number of chargebacks or disputes, the Company reserves the right to proceed in accordance with clauses 8.14 to 8.15 (temporary withholding of payouts and request for cooperation). The user must keep adequate records of performances provided and cooperate in resolving disputes.
8.22.11. The user is responsible for ensuring that the content of voucher products (in particular texts, graphics, logos, designations, conditions) does not infringe the rights of third parties (in particular copyrights, trademarks, business names) and that their use complies with the law. The Company is entitled to remove or restrict voucher products that violate legislation or the rights of third parties and to proceed in accordance with clauses 5.11 and 6.7 of these Terms.
8.22.12. Tax documents (invoices, receipts, other documents) towards the user’s clients in connection with the sale of voucher products are issued exclusively by the user in accordance with the applicable legislation and the user’s own accounting and tax regime. The Company issues tax documents only for its own services to the user under clause 8.18 of these Terms.
8.22.13. The Company is not responsible for the legal classification of the voucher product (e.g. from an accounting, tax or consumer-rights perspective) on the user’s side, nor for the setting of its validity, redemption or refund rules. The user must ensure that the sale of voucher products complies with the legislation of the state in which the user operates and that clients are provided with all information required by law.
9. TERMINATION OF THE LEGAL RELATIONSHIP BETWEEN THE COMPANY AND THE USER
9.1. The parties to the legal relationship may terminate it by mutual agreement.
9.2. The Company and the user have the right to terminate the legal relationship unilaterally where this follows from specific provisions of the General Terms and Conditions.
9.3. After termination of the legal relationship between the Company and the user, the Company is entitled to remove the user content from the data storage by deleting it no earlier than 10 days after the date of termination of the legal relationship.
9.4. The Company is entitled to terminate the legal relationship with the user without giving reasons, with a notice period of 30 days starting on the day the notice is delivered to the user.
9.5. The user must settle all monetary obligations towards the Company no later than the date of termination of the legal relationship.
9.6. Upon termination of the legal relationship between the Company and the user, the Company must pay out to the user all funds recorded in the user’s favour on the collection account, after they have been credited by GoPay and after all necessary settlements under these General Terms and Conditions have been made.
9.6.1. The funds will be paid out without undue delay after they become available on the collection account, but no later than 30 days after termination of the legal relationship, unless the funds are withheld under these terms and conditions (in particular due to chargebacks, complaints, disputes or suspected fraud).
9.6.2. The user must request the payout of such funds and provide a valid bank account to which they are to be paid. If the user does not provide correct details, the payout period does not run.
9.6.3. The Company is entitled to withhold part or all of the funds until all pending matters are resolved, namely: a) complaints of the user’s clients, b) cancelled transactions, c) chargebacks, d) legal or security reviews on the part of GoPay.
9.6.4. After full payout of the funds to the user and settlement of all obligations between the Company and the user, the legal relationship is deemed definitively terminated.
10. PERSONAL DATA PROTECTION
10.1. In protecting the personal data of visitors and users, the Company complies with the generally binding legislation of the Slovak Republic and legally binding regulations of the European Union, in particular Act No. 18/2018 Coll. on Personal Data Protection and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
10.2. The Company processes personal data solely for the purpose of providing the service. The visitor and the user acknowledge that the Company processes the personal data they enter on the website. The Company may authorise third parties to process or access personal data.
10.3. The Company maintains confidentiality regarding all information it obtains about the user or visitor in connection with the use of the service. Processors authorised by the Company maintain confidentiality to the same extent as the Company.
10.4. Detailed information on the processing of personal data is set out in a separate document, the Privacy Policy, published on the Company’s website.
11. COMMON, TRANSITIONAL AND FINAL PROVISIONS
11.1. The legal relationship between the Company and the user is exclusively a commercial-law relationship governed by Act No. 513/1991 Coll., the Commercial Code, and other commercial-law rules applicable to such relationship.
11.2. In providing the service, the Company does not enter into legal relationships with consumers or other natural persons.
11.3. If any clause of these General Terms and Conditions is declared invalid, this shall not render the General Terms and Conditions invalid as a whole.
11.4. The Company has the right to unilaterally amend or supplement these General Terms and Conditions. Amendments take effect on the day of their publication on the Company’s website, unless stated otherwise. The user will be informed of the amendment in an appropriate manner. If the user does not agree with the amendment, the user is entitled to terminate the legal relationship within 30 days of notification of the amendment.
11.5. In the event of a dispute between the Company and the user, the parties undertake first to attempt to resolve the dispute amicably. If the dispute cannot be resolved, the court of the Slovak Republic having subject-matter and territorial jurisdiction according to the Company’s registered office shall have jurisdiction.
11.6. These General Terms and Conditions are drawn up in the Slovak language and translated into other languages. In the event of any discrepancy between language versions, the Slovak version shall always prevail.
These Terms and Conditions enter into force and effect on 1 March 2024.