from 01.09.2022
1.General
1.1.This agreement is binding on you or on behalf of your business or other organisation (hereafter referred to”User”) if you register on zakopanetravel.com and use this site. If you do not agree with the general terms and conditions do not click the registration button, and do not use the page.
1.2.These General Terms and Conditions (hereinafter referred to as GTC) of
www.zakopanetravel.com ((Registration Number:51284699 / Tax No .:68137616141 / CSO Number:68137616702123101), (Hereinafter referred to as “Platform Provider”), regulates the contract conditions of the online service provided through the Platform. Present GTC regulates the rights and obligations of the Users (further referred as User, Customer) who use the services of the Platform Provider. A User is considered to be any legal entity or legal person
or legal entity or any other entity that either requests or uses the services and register on the Website.By registering on the Website or by using any of the services provided by the Website, the User accepts this GTC as compulsory.
1.3.The Platform Provider and the User together all referred to as: the Parties.The GTC covers all legal bindings and services of the Platform Provider, or its contributor regardless if the performance is directly from Hungary or from foreign countries.The services provided on the Website by the Platform Service Provider is upon the Hungarian law and ruled by the Hungarian Civil Code – Act V. of 2013. and the Act CVIII of 2001 on certain issues of
electronic commerce activities and information society services. .Regardless of the language of the Website, the valid Hungarian regulations are applicable to the operation of the Website and the contracts concluded between the Platform Provider and the User through using the Website with the provision that rules on conflict of laws are not applied and the contracts are governed by Hungarian law.
1.4.The terms and conditions, as may be amended from time to time, apply to all our services made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Website”; or „Platform”) and/or by completing a service reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy).
Our Service is made available for personal and non-commercial use only.
Therefore, it is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, or services available on our Platform for any commercial or competitive activity or purpose.
1.5.The contract between the User and the Platform Service Provider is set out by accepting the GTC and by accepting the Privacy Policy. This contract is available in electronic form in the English language, and it is not considered as a written contract.
1.6.The User is entitled to order the Service on our Website by accepting the GTC and the Privacy Policy.
1.7.This Platform Provider does not refer to any conduct codex. The Platform Provider is entitled to use contributors and is fully responsible for its performance.
- Definitions
2.1. The Zakopanetravel.com is referred to as „Platform” or „Websites”: All the web pages the (mobile) website and app on which the Service is owned, controlled, managed, maintained and/or hosted by the Platform Service Provider, thereby providing an interface to the User in order to enable the display of their services through the Website.
2.2. User: Periodic hiring of accommodation is subject to the law and the relevant authority provisions and registers, who provide accommodation (e.g. hotels, motels, apartments, boarding houses, bed and breakfast, etc.) or restaurant or other services and use the Zakopanetravel.com website to display their accommodation.
2.3. Platform Service: Zakopanetravel.com provides an interface to the Users where their offer of various services, accommodation and rooms, restaurants or others services, contact details (email, phone number, website, facebook- and instagram page) are presented.
2.4. Scope of our Service:
The Zakopanetravel.com provides an online Platform through which Users can advertise their rooms, their accommodations, their restaurants or other services and through which visitors of the Platform – further referred as “Website Visitors”- can reach on the website.
- Datas on the website
3.1.The Users itself presents the related information, datas and photos and is entitled to install them to the Extranet system of the Zakopanetravel.com, which is available only with the registration.
3.2 The datas provided by the Users
When rendering our Service, the information that we disclose is based on the information provided to us by Users. As such, the Users are given access to an Extranet through (with registration) which they are fully responsible for updating all information, (as accommodation description, services, location, occupancy, nearest ski slope, website link, facebook link, instagram link, which is displayed on the Platform of Zakopanetravel.com.
3.3. The restriction and elimination of the liability
The Zakopanetravel.com use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
3.4 Each User remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including services, descriptions) displayed on our Platform.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Users (or its facilities, venue, products or services) made available.
- Fees, Memberships
4.1. User registration on the Platform is free of charge. After registration, the user receives a Registered membership, which is available free of charge for 7 days.
4.2.With Registered membership, Users can choose an annual “ Advanced” membership and advertising package. After registration, our current offers can be viewed by clicking on the “Membership” menu item “Our Services” or “ Products” in the User “May Account” page.
4.3. Memberships and advertising packages apply to a specific period of time, which current information is indicated.
4.4.With the purchase of the selected advertising package, the corresponding membership starts automatically.
4.5.Different services are available with different memberships.
4.6.The registered membership is automatically terminated after 7 days if you have not used our service.
4.7 If you use our service, you will be transferred to a different membership category. The “Registered membership” will expire after 7 days automatically.
4.8 With the termination of the membership, the service also expires. We send an automatic email notification about the termination of the membership and the possibility of extension.
4.9 When the membership expires, it is possible to extend it or choose a new membership. Except for the “Registered” membership, which cannot be renewed, a new registration is required.
4.10. Changing membership during service is only possible into “Advanced” membership. In this case, both memberships will be visible until they expire in the “ My account” page.
4.11. Membership validity: The content and price of the membership service package may vary. We reserve the right to change prices, except for services that have already been ordered.The price of the services is available in EUR and complies with Hungarian VAT laws.
4.12 In consideration of your use of the Platform and our advertising your Property to our “Webiste visitors”, you shall pay us the Annual Fee. The Annual Fee will vary depending on the type of advertising package you opt to purchase and notified to you by us. Payment of the Annual Fee will allow you access to the Platform for 12 months from the date you register your Account. The Annual Fee is non-refundable.
4.13. The Annual Fee must be paid to us in full prior to your account going live on our Platform.
4.14.After the expiry of the Initial Term, you will have the option to renew your account with us for a further 12 months. Should you choose to renew, you will be liable to pay the Annual Fee at the then-current rate for the package selected for the renewed term.
4.15. If you choose not to renew your account with us, you will no longer be able to advertise your Properties on our Platform and we shall have the right to remove details of your Properties from our Platform. We shall also have the right to suspend your Account for any period following the expiry of the Initial Term (or any renewed term) and prior to the payment of the Annual Fee for any renewed term.
4.16 Zakopanetravel.com is not responsible for the correctness and completeness of the information and data provided by User.
- Registration, User Login
5.1. In order to use the Service of Zakopanetravel.com, after accepting the General Terms and Conditions and the Privacy Policy you shall register as detailed below.
5.2 Registration requires approval from Zakopanetravel.com. We are not obliged to check that all data provided is valid. Zakopanetravel.com is not obliged to automatically accept the registration and give reasons for the rejection. Zakopanetravel.com does not review accounts for authenticity and are not responsible for any unauthorised accounts that may appear on the Services.
For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
5.3 User shall provide all the data and information requested by the Zakopanetravel.com as registration such as: first name, last name, username, email address, website.
After the registration, after receiving the automatic email from the acceptance, the User is able to login on the “ My account” page. The Zakopanetravel.com can keep the imprint of the password in a specified way that is appropriate to check the correctness of the password but unable to restore it.
5.4 Users are able to change their password or generate a new one if they lost it, just click on the “ Lost your password” button.
5.5. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason at our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorised use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorised use thereafter. You will not sell, transfer, or assign your account or any account rights.
- User -Generated Content
Zakopanetravel.com may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding zakopanetravel.com Licensed Elements included therein, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, subscription services, social communities (including the Interactive Community (defined below), if applicable), contact us tools, email, and other communications functionality. Except to the extent of the rights and licence you grant in these Terms of Use and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
- Corrections, Modifications in Content
In the case of subsequent corrections, Zakopanetravel.com will make only one correction free of charge within one advertising cycle, covering all elements of the advertisement (including images, text, etc.). In other cases we will charge 5 EUR per correction.
- Ordering process, request the service
8.1.The user initiates the request for the service after placing the products in the virtual basket, by accepting the necessary billing data and regulations. Finalise your request for the selected package and membership by clicking the “Proceed to payment” button. However, this request does not automatically imply that the Zakopanetravel.com website has accepted the Customer’s offer.
When Customers place the product in their cart, an information window will appear informing the Customer that the product has been placed in their virtual cart. We strongly draw the Customer’s attention to the fact that placing the Product in the shopping cart does not result in the Customer’s declaration of intent to purchase, nor the finalisation of the order.
As a result, it may happen that the Advertising package placed in the shopping cart is removed from the Customer’s shopping cart after a certain period of time if the order is not finalised.
8.2. After checking the contents of your virtual basket, you can choose whether to complete the order process on this interface. You can modify the order on the shopping cart page. If everything is correct, you can complete the order with the entered data by clicking the “Proceed the checkout” button.
8.3.The Customer can correct data entry errors at any time during the order. If you wish to make subsequent data changes after the order has been sent, you can indicate this via the electronic mail address info@zakopanetravel.com.
8.4.To request the service, the user must send all the requested data within 24 hours of submitting the order by clicking on the “Property Register” menu item on the “My account” page. The form must be filled out and sent by clicking the “Submit and send” button.
8.5.Upon receipt of the payment and acceptance of the filled-in data, the user’s request for proposal has been finalised, which will be checked before full approval. We will send a notification about the acceptance of the received request for proposal. We will ensure the appearance on our site within 48 hours at the latest.
8.6.Zakopanetravel.com is obliged to ensure that the User, when making his contractual declaration, expressly acknowledges that his/her declaration entails a payment obligation. If making a declaration involves activating a button or a similar function, the button or a similar function must be marked with an easily readable order with a payment obligation or a corresponding, clearly worded inscription indicating that the making of the contractual declaration entails a payment obligation to be fulfilled in favour of the company after. When placing an order on the Zakopanetravel.com website, you fulfil your obligation to provide information by clicking on the button labelled “Proceed to payment”.
8.7.A contract concluded via the Zakopanetravel.com website is not considered a written contract. Zakopanetravel.com does not file it, so it cannot be accessed or viewed afterwards. From a legal point of view, orders placed on the website are considered a legal declaration in the form of suggestive behaviour.
- Product Information, Incorrect datas
9.1. The information displayed on the Zakopanetravel.com website is informative and refers to the moment when the database of the Zakopanetravel.com website was updated. Zakopanetravel.com does its best to keep this data up-to-date.
9.2 .Important information about the services, especially their essential features and characteristics, as well as the sales prices, can be found by the User on the information page of the services “Our Services”, before the management of the order.
9.3.If, despite all the care and prudence of zakopanetravel.com, an incorrect price is indicated on the Zakopanetravel.com website, zakopanetravel.com is not obliged to sell the service at the incorrect price, but can offer the Customer(s) the correct and actual price, which in the knowledge that the Customer may withdraw his intention to purchase.
9.4. An obviously wrong, unrealistic price, which differs significantly from the well-known, generally accepted price of the product concerned; (0 EUR or 1 EUR) price appearing due to a possible system error; a price showing other conspicuous value disproportion; Zakopanetravel.com is free from data entry errors, incorrect, incorrect, etc. excludes its liability arising from price indication to the fullest extent permitted by law.
9.5.Any problems, other additional costs or impossibility, delays arising due to incorrect or insufficiently detailed data and information shall be borne by the Customer /User and shall be the exclusive responsibility of the Customer/User.
9.6 By registering on the Zakopanetravel.com website, the Customer/User acknowledges that she has read and accepts the provisions of this Privacy Policy, is aware of the ordering process, and consents to the data management detailed in the Privacy Policy.
9.7.If the Customer has any questions about the product before sending the order, she can contact the Zakopanetravel.com team by email (info@zakopanetravel.com).
- Refund
We will not refund the amount paid even if the customer changes his mind afterwards. It is the responsibility of the Purchaser to be properly informed about the rules before placing the order. We provide the customer with all relevant information, so we do not take responsibility if the customer changes his mind after making the payment and does not want to use the service. All of our services are non-refundable.
- Payment
11.1After completing the order process, the Customer can choose from the displayed payment methods.
Credit card payment and Paypal payment processing company the Paypal (PayPal (Europe) S.à r.l. et Cie, S.C.A. is a credit institution (or bank) authorised and supervised by Luxembourg’s financial regulator, the Commission de Surveillance du Secteur Financier (or CSSF). CSSF’s registered office: 283, route d’Arlon, L-1150 Luxembourg. The CSSF maintains a register of the organisations that it regulates at https://supervisedentities.apps.cssf.lu/index.html?language=en#Home. PayPal is number B00000351 on the register, but you can also look them up on the register by their name. Trade Register Number: R.C.S. Luxembourg B 118 349.)
11.2.The data entered during the payment are not stored by the Zakopanetravel.com website, they are managed by the respective payment processing company and different data protection provisions of the financial service providers apply in these cases.
11.3.Zakopanetravel.com informs its Customers that their tasks related to the payment of fees for their subscription services are managed by the Paypal company (PayPal (Europe) S.à r.l. et Cie, S.C.A)..
11.4.In the event of a request for paid service, the Customer undertakes to fulfil the payments until she/he indicates her/him intention to suspend or terminate her/him service to Zakopanetravel.com in writing at the indicated contact details. (contact@zakopanetravel.com)
11.5.The Customer acknowledges that Zakopanetravel.com and/or its associated contractor(s) shall not be liable for the Customer’s failure to act in a timely manner as mentioned above. You acknowledge that Zakopanetravel.com and/or the contractor(s) connected to it are not obliged to refund the automatically credited subscription fee. Sending the request to suspend or terminate the service in a timely manner is solely the responsibility of the Customer.
11.6.In connection with the payment of the product, all costs incurred by the Customer – in particular, but not exclusively, the transaction fee, the cost of a transfer from a bank account not held in a Hungarian bank, or the cost of a bank cash deposit – shall be borne by the Customer in all cases.
11.7. When placing an order, the customer must take extra care to enter the correct customer data. The Customer is obliged to check the data on the electronically sent invoice as soon as possible after receipt. Zakopanetravel.com emphatically draws attention to the fact that it is not possible to subsequently modify the invoice recipient’s data – excluding obvious name and address misspellings (e.g. missing letters, spelling errors) – from the calendar day after receipt of the invoice.
11.8. The customer acknowledges that for issuing a company invoice, we will issue an electronic invoice based on the correct company data provided during payment, which will be sent by email. No subsequent modification or repair is possible. We do not issue company invoices afterwards. Please enter the company account information when ordering. If the payment is not made, we are not obliged to provide the service.
11.9.We are not responsible for any damages resulting from payment failure and we do not accept complaints. In case of any payment errors, please contact Paypal’s customer service. (https://www.paypal.com/hu/smarthelp/complaints )
We are not obliged to keep the service you want to order until the fault has been resolved.
11.10.The electronic invoice is prepared by the certified service provider Billingo Technologies Zrt. (Billingo.hu) on behalf of Zakopanetravel.com. Billingo Technologies Zrt. will not pass on the data provided during the invoice preparation to third parties, it will be archived and preserved for the period specified in the relevant legislation.
11.11.The invoice issued by Zakopanertravel.com complies with CXXVII of 2007 on VAT. the conditions prescribed by law, NGM Decree 23/2014 (VI.30.) and other legislation relating to electronic invoices.
- Social Media, Instagram -,Facebook Ads
We provide Customers with the opportunity to introduce their services ( accommodation, restaurant, other services) on Zakopanetravel.com’ social media pages, as well as display their own advertisements and promotions. The customer can find out about these options in the description of the service or in the FAQ menu, but before placing an order, you can consult via email or contact form.
- Age of Users
Unless otherwise specifically noted in the features made available to you, the Services, Content and any products and services appearing or marketed on the Services are intended for and directed towards the purchase and use by adults (those aged 18 years or above) or by individuals 16 or older with the consent of adults. Individuals over the age of 16 and under the age of 18 years may only use the Services with the supervision of a parent or legal guardian and should review these Terms of Use with a parent or legal guardian to ensure that they understand them.
- Internet Connectivity Charges
Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
- Product Specifications; Pricing; Typographical Errors
We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free.
As permitted by applicable law, zakopanetravel.com shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If a product you purchased or accepted from Zakopanetravel.com is not as described, as permitted by applicable law, your sole remedy is to cancel the purchase and receive a credit for the purchase price.
- Liability, Enforcement of Warranty Claims
16.1.The operator of Zakopanetravel.com guarantees that she is legally registered and authorised to carry out her activities in accordance with these GTC.
16.2 .Zakopanetravel.com has no obligation and no liability to achieve a result vis-à-vis the Accommodation Providers, or to provide reservations at Accommodation Providers by using the service of Zakopanetravel.com, or if the Accommodation Provider believes bookings are insufficient in number . Zakopanetravel.com shall not be held liable for searches for Accommodation Provider or the absence thereof resulting from the Accommodation Provider having entered insufficient data. In connection with such inefficiency, the Accommodation Provider shall not claim any title against Zakopanetravel.com not even loss of profit, nor reliance interest. Zakopanetravel.com shall not be held liable if the Accommodation Provider may not receive any reservations or according to the Accommodation Provider, the numbers of bookings are not eligible.
16.3.Publishing information about the Accommodation Provider on the Platform does not warrant making reservation and “The Platform Service Provider” Zakopanetravel.com shall not be held liable in accordance with it.
In case the Accommodation Provider provides wrong or lack of information and datas to the Zakopanetravel.com about the Accommodation site, or if Accommodation Provider display offends the rules of GTC, Zakoapnetravel.com shall not be held liable and is not obligated to publish the Accommodation sites on the Platform and Zakopanetravel.com shall not be held liable for the fall of the publishing on the Platform.
16.4. Zakopanetravel.com offers interested parties the opportunity to directly inquire about the accommodation based on the data provided by the accommodation provider on the site. The Customer / Orderer is solely responsible for the correctness of the indicated data. As the inquiries are forwarded directly to the accommodation provider, as the contact details of the accommodation provider are public on the site, we do not have an overview of the bookings made and their quantity.
16.5. Zakopanetravel.com does not assume any responsibility towards the Guest or other third parties for claims against the Accommodation Provider. Zakopanetravel.com shall not take the responsibility for damages caused by User to Accommodation Provider or third party, such as in particular cancellation of actual resort of Accommodation site.
16.6. Zakopanetravel.com is not responsible for the claims of the Guest referred to the Accommodation Provider from its site, which it wishes to enforce against the Accommodation Provider. The Accommodation Provider assumes responsibility for the current features of the location of the accommodation, for the completeness, topicality and correctness of the data provided by him, for errors or omissions, as well as for deviations from the correct data of the latter. The Accommodation Provider assumes responsibility for the consequences and claims of providing false advertising and/or confirmation, including contractual insurance. In connection with the cases referred to here, the Accommodation Tax is also liable for reimbursement and compensation on behalf of the Guest.
16.7.The scope of responsibility of the Customer also extends to changes and modifications in later details and/or parameters. These regulations apply and govern if the Customer does not fulfil its obligations. In these cases, the responsibility rests solely with the Customer. In the event of a recurrence of the cases stipulated in this point, the right to terminate the contract immediately can be formed and secured on behalf of the service provider Zakopanetravel.com.
16.8.Customer shall be able to report any objections and/ or comments in an electronic way to any of the contacts provided by the Zakopanetravel.com (info@zakopanetravel.com)
- Warranty
17.1.The representative of Zakopanetravel.com guarantees that she is a legally registered and legal entrepreneur and is also entitled to carry out activities in accordance with these GTC.
17.2.The Customer warrants and guarantees that they are a legally registered and legitimate company and further they carry out and manage their enterprise being aware and owing related regulations on their enterprise activity, allowances and ratings as well as on the basis of carrying out necessary notification obligations.
17.3.The Customer warrants that details, informations, images and any parts of them provided by the or in their interest are true and complete (appearances on the Platform www.zakopanetravel.com), do not offend rights of third natural-or legal person, and company without legal personality (including among others copyrights, works of art under industrial property right protection, rights concerning indications, rights concerning person) correspond with relating legislation, authority provisions, ordered displays are not restricted by advertisement prohibition and limitation, in particular do not offend general and special advertisement restrictions of Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities and Act XLVII of 2008 on the Prohibition of Unfair Business to Consumer Commercial Practices.
17.4.The Zakopanetravel.com use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
17.5. Each Customer remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information) displayed on our Platform ( www.Zakopanetravel.com).Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Customer (or its facilities, venue, products or services) made available. Zakopanetravel.com doesn’t take any financial responsibility according to the services of the Platform.
- Ranking, Order of appearance on the page, Featured
The list and order of accommodations on the site changes automatically. The change is updated by the system, we have no influence on it. There is an option to highlight the accommodation, we can highlight only limited accommodations at the same time. The “Featured” service can be used before the publication, in the previous month, subject to availability. The “featured” service can only be used with a membership, except for the “registered” and “ advanced” membership.The order change is automatic, we have no influence on it.
19. Miscellaneous
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Hungarian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Hungary.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Hungarian version and any other language version of these terms and conditions, the Hungarian language version to the extent permitted by law shall apply, prevail and be conclusive. The Hungarian and English version is available on our Platform or shall be sent to you upon your written request.
