USER TERMS AND CONDITIONS
I. Definitions and opening provisions
1.1 DESTINATION PRO s.r.o. (the “Provider”), with the registered office at Prague 4, Modřany, Hausmannova 3003/9, Post Code 143 00, reg. no. (IČ): 28470117; tax no. (DIČ): CZ28470117, registered in the Commercial Register kept by the Municipal Court in Prague, section C, insert no. 143908, operates a communication system in the English language (the “System”) in the World wide web network (Internet) through the web (URL) site http://www.destinationpro.com (the “Site”) that sorts and intermediates services offered by entities with their registered office in the territory of the Czech Republic and abroad (the “Partners”) to persons interested in organisation of business travels, leisure travels, teambuilding, incentives and other events (the “Clients”). The System services offered by the Provider shall always mean only the services of access to the information contained in the System and use of the System functionalities for the purposes of communication between Clients and Partners.
1.2 If you are one of the Clients and intend to register in the System, your registration and access to the System services reserved for the registered Clients will be conditional upon your consent with these User Terms and Conditions; your consent with the User Terms and Conditions shall be given by clicking on the icon “I agree” during the registration procedure.
2.1 When registering in the System, the Client shall truly and fully enter all the obligatory registration data required by the System. In the event of a change of any of the data entered upon registration, the Client shall update these in the System without any delay.
2.2 Each Client has his user account kept in the System (hereinafter as “User Account”) and, to access it, uses the access data specified by the System (user name in the form of an e-mail address and password, hereinafter as “Access Data”). Only an individual who performed the registration of the Client or other individual authorized by the Client (e.g. a Client’s employee), to whom the Client discloses the Access Data for this purpose, will have access to the User Account. The Client is responsible for manipulation with the Access Data and shall use it only for his own purposes; the Provider will not be in any way responsible for any misuse of the Access Data unless it is proved that their leak was caused by the Provider itself. The Provider will not be responsible for any access of unauthorized persons to the User Account unless it is proved that such unauthorized access was caused by the Provider itself. Each Client may affiliate another User Accounts (up to 9) to his User Account which will be then called “Affiliated Accounts”, with the consent of the Client to whom the Affiliated Account belongs given through the System. Affiliated Accounts shall be subordinated to the respective User Account denominated for these purposes as the “Master Account” and their affiliation to the Master Account and termination of such affiliation shall be decided by a person with access to the Master Account; termination of the affiliation does not require the consent of the Client to whom the Affiliated Account belongs. The Client to whom the Affiliated Account belongs may not affiliate other User Accounts to his User Account. The Master Account and the Affiliated Accounts pertaining thereto will be referred to further on as the “Accounts Group”. A person whose access to the System has been secured through the Master Account and the Affiliated Accounts within one Accounts Group may share the information or rights to access the System through a prepaid credit (Article V. below) pertaining to any of the accounts within the Accounts Group. Each Affiliated Account is determined for one person (usually for an employee of the Client to whom the Master Account belongs) and has its own Access Data. The manipulation with such Access Data and the responsibility connected with it shall be governed accordingly by the provisions of this section relating to the Access Data to the User Account.
III. Privacy and personal and other data protection
3.1 By registering in the System, you give your consent with the processing of personal data of individuals, i.e. the data you enter upon registration and during the use of the System, in accordance with Act No. 101/2000 Coll., on personal data protection and on changes of certain acts, as amended, i.e. in particular with their maintenance in the database of registered Clients and with their use for the purposes of the System administration. The Provider shall use these personal data exclusively for the given purpose and guarantee their protection from disclosure to third persons.
3.2 The personal data will be kept in the database of registered Clients during the whole term of the registration of the Client.
3.3 This applies accordingly to the data relating to the Client as a legal entity or a businessman (business name or other name of the Client, his registered office or place of business and line of business, registration number, tax number, number of Affiliated Accounts, data relating to the Client’s business etc.) entered upon registration and during the use of the System. The Client gives his consent with their processing and maintenance during the term of registration of the Client and with their use in the System administration.
3.4 If the Client himself provides any of the Partners with any of the above mentioned data within the use of the System, the Provider will not be liable for their disclosure to third persons.
3.5 Personal and other data protection under sections 3.1 to 3.4 does not relate to the data entered by the Client in the System (personal and company data, texts and images and other materials) in a way that they can be accessible by Partners or other Clients, including non-registered visitors of the Site; the Client acknowledges and agrees that such data become available to the public worldwide in a non-material form through the Internet and anyone can refer to it, copy it and distribute it. The System does not give an option to set up restricted access so that the data entered by the Client could be monitored by selected individuals only. The Client agrees that he has no right to a consideration or other counter value arising out of the above from the Provider or anyone else. At the same time, the Client shall guarantee that the data entered by him in the System do not and will not infringe third party rights and if they happen to be subject matter of any intellectual property rights, he shall duly obtain any authorizations needed for their use at his own cost.
3.6 The Client shall guarantee that he is authorized to give his consent with these terms and conditions or that he gives it in the position of a valid representative of all persons whose consent is required. If the Client opens Affiliated Accounts to his User Account, his consents, representations and guarantees under this Article will relate to all data connected with the operation of the Affiliated Accounts.
IV. Scope of access to the System
4.1 The System is divided in two sections: “Suppliers Guide” and “B2B - Special Offers”.
4.2 “Suppliers Guide” provides Clients with information about Partners, their services and establishments within the respective categories. The data are either in the regime of open information (accessible to all visitors of the Site, the so-called “open info”) or in the regime of paid information (the so-called “extended info”) accessible only upon registration of the Client and payment of a membership fee. The information shall be distributed between the open and the paid info at the sole discretion of the Provider.
4.3 “B2B - Special Offers” section is accessible by the Clients only upon registration and payment of a membership fee. The Partners themselves present their business communications (the “Offers”) and last-minute deals (the “Last Minute Deals”) in this section divided in categories of provided services to which the Client can react. Registered Clients can also interactively place their requests in this section in the “Request for Proposal“ category (the “Requests”) within the scope determined in the System and the Partners offering their Services within the System will have access to them and will be able to react.
4.4 The purpose of the System operation is to intermediate contact between Clients and Partners so that direct business relationships between Clients and Partners who will communicate with the help of the contact data accessible within the System were established based on presentation of the services provided by Partners, Offers and Last Minute Deals entered by the Partners or based on Client Requests.
4.5 In addition to the Suppliers Guide and the B2B - Special Offers, the Provider also provides special services within the”LOCAL DMC SERVICES” category. It means that the Provider itself provides the Clients at their request with the respective services consisting of specific activities at the place where the Client, based on a contract executed with a Partner, wishes to use the services offered by such Partner or consisting in intermediation of contact between the Client and the Partner, in the organisation of a stay, i.e. in coordination of the services provided by the individual Partners within one stay etc. for the agreed price. The price of the services in this category will be either given by the pricelist available on the Site for certain standardized services or will be agreed between the Client and the Provider. The contracts between the Clients and the Provider specified in this section will be governed by Czech law and the disputes arising out of them will be settled exclusively by the Czech courts. Requests for special services specified in this section can be sent by the Clients to the Provider through a contact form in the System in the “LOCAL DMC SERVICES” category.
V. Payments and credit system
5.1 The services provided to the Clients through the System will be paid, save for the open info, i.e. data at the Suppliers Guide accessible by all users of the Site. Use of the paid services in the System is conditional upon registration of the Client and opening of his User Account.
5.2 System services always mean only the services of access to the information in the System and use of the functionalities of the System for the communication between Clients and Partners. No payments made through the System to the Provider’s account (including payments to the credit account and drawdown of the credit – see below) are payments for the services provided by the Partners. Payments to the Provider’s account within the Local DMC Services are payments for provision of specifically agreed, mostly coordination services provided to the Clients directly by the Provider and, unless specifically agreed otherwise, they do not include payments for the services provided by the Partners.
5.3 A registered Client shall pay for access to the paid “extended info” at the Suppliers Guide the amount requested by the System for each information or set of information (usually relating to one establishment of a Partner), provided that such information or set of information will be available to the Client upon such payment for the period of 12 months.
5.4 A registered Client shall pay a membership fee for a determined period (1 week, 1, 3, 6 or 12 months) for the possibility to use the functionalities of the B2B - Special Offers section. The Client will thus gain access to all System information and services offered in this section (save for the Requests of other Clients) during the whole prepaid period, including the possibility to place Requests in the System. The Client will have the possibility to use the B2B - Special Offers functionalities upon payment of the membership fee. The Client has the right to obtain access to the B2B - Special Offers section upon payment of a membership fee for any number of prepaid terms of any duration.
5.5 The Client shall make all payments to the Provider in one of the following ways at his own discretion:
a) by a credit card through the Internet payment gate that forms a part of the System;
b) through the PayPal non-cash payment system;
c) by a wire transfer to the Provider’s account based on an order sent to the e-mail address of the Provider;
always as a payment for a specific service or for a specific membership term or in the form of a prepaid credit which the Client will be able to draw when ordering specific services or membership. Only the access rights secured in the form of a drawdown of the prepaid credit (specific “extended info” in the Suppliers Guide) will be shared by all Clients within one Accounts Group regardless of whether the drawn credit was prepaid by the Client administering the Master Account or by any of the Clients administering the Affiliated Accounts. The Client whose User Account is included in the Accounts Group expressly agrees that the prepaid credit is used for the ordering of services or membership in the System by the other Clients holding User Accounts included in the respective Accounts Group. Specific services or functionalities connected with the membership will be made available to the Client every time the respective amount is credited to the Provider’s account.
5.6 The Provider shall deliver to the Client within 15 days from the day of the payment a tax receipt for the paid amount with a calculation of the VAT (if applicable) through the User Account of the Client who made the payment. The Provider shall keep a database of tax receipts issued to the Client by the Provider for the whole term of the registration accessible by the Client through his User Account.
5.7 The prices specified in the System do not include VAT. The VAT will be added to the amount charged for the services in accordance with legal regulations. The Client shall, fully and correctly, fill in his invoicing data upon registration of his User Account for the purposes of issuing tax receipts for the services unless he does not require such receipts. The Client is responsible for a correctly filled in tax identification number and the fact whether the Client is registered as a VAT payer in any of the EU member states, shall influence whether the price charged for the provided services will or will not be increased by the VAT. If the Client does not specify the VAT in a generally recognized EU-VAT format or if he specifies a non-existing or an invalid tax identification number, the applicable VAT given under the Czech legal regulations will always be added to the price in the System. The provider of the System services is a VAT payer.
5.8 Credit means a payment for the System services, including the VAT. Once it is paid, the Provider will issue a tax receipt to the Client under section 5.6. If the credit system is used, tax receipts for the payments for individual services drawn from the credit will not be issued to the Client. The Client will not have the right to be refunded the non-drawn credit not even in case he terminates his registration in the System (save for termination of registration due to a change of the User Terms and Conditions under section 7.3 and termination of registration under section 6.4, last sentence).
5.9 The Provider may offer a bonus to the Clients expressed by the funds credited by the Provider to the credit account of the Client or consisting in a free membership in the B2B - Special Offers section for a certain term at the option of the Client chosen always upon the order of the paid services in the System. The Client has the option to draw free access to the System within the scope of the bonus from the day of crediting of the payment for the respective service ordered by the Client, provided that the order includes a bonus option, to the Provider’s account.
VI. Services, business relationships and liability of the Provider
6.1 The Provider provides information to the Clients through the System about the services offered by the Partners. The System classifies and sorts this information, enables it to be searched and, in the B2B - Special Offers section, enables an interactive communication between Clients and Partners through Offers, Last Minute Deals and Requests. The Provider is not and will not be a party to any business relationships between Clients and Partners and it does not act as an agent unless it is expressly agreed otherwise within the Local DMC Services. The Provider does not in any way participate in the execution of contracts between Clients and Partners and, as such, does not guarantee or is otherwise responsible for the compliance of any Partner’s obligations towards its Clients under the executed contracts for provision of Services or vice versa, not even when the contract for provision of the specific service between the Client and the Provider was executed on the basis of the Partner’s presentation in the System, including all forms of individual offers and requests in the B2B section. This section does not affect the contractual relationship established between the Client and the Provider within the Local DMC Services, under which the Provider is to provide the Client with a certain performance, the provision of which he guarantees in accordance with the legal regulations in compliance with the executed contract.
6.2 In relation to the fact that all information relating to the Partners and their services is provided to the System by the Partners, the Provider can not be held responsible for their correctness, completeness and usefulness. The Provider is neither responsible for termination of the presentation of any Partner in the System. The Provider, however, seeks to achieve (in particular in the form of a consistent control and verification of correctness) that the information mentioned in the System is of a high quality, complete and continually amended and updated. In the event that the Provider finds out that any information is not complete, correct or current, he will make every effort aimed at an immediate remedy by the Partner or arrange the remedy itself in accordance with the nature of its relationships to the Partner. In the event that the Client finds out that any information presented in the System is not complete, correct or current, the Provider kindly asks him to immediately inform the Provider of such finding through the contact details available in the System with the aim to achieve correctness and completeness of the presented data for all Clients.
6.3 The Client acknowledges that the System, its programmes and all intellectual property connected with its operation (save for the data entered in the System by the Client) are in the exclusive ownership of the Provider (in the material and copyright sense) and the Client does not incur any rights to use it.
6.4 It is of utmost interest to the Provider to maintain full functioning of the System, improve and extend its functions and create a user friendly environment. The Provider covenants to the registered Clients to secure that any short-term failures of the System will be removed without unnecessary delay so that no failure lasts for more than 7 days and the total term of such failures did not exceed 30 days in one calendar year. The Provider, however, has the right to terminate the operation of the System immediately. If the total term of the failures of the System exceeds 30 days in one calendar year or if the Provider terminates the operation of the System, the Client will have the right to withdraw from the contract executed with the Provider in the form of registration in the System, which will result in termination of his registration and he will be refunded the (time-based) proportional part of the paid remuneration for access to the information in the Suppliers Guide section and for membership in the B2B - Special Offers section as well as the entire non-drawn credit.
VII. Final provisions
7.1 These User Terms and Conditions shall be governed exclusively by the laws of the Czech Republic and the disputes arising out of them will be decided exclusively by the courts of the Czech Republic.
7.2 The Clients and the Provider shall always be bound by the current wording of the User Terms and Conditions publicly accessible at the Site.
7.3 If the registered Client does not agree with a change of the User Terms and Conditions, he may cancel his registration for this reason.
7.4 This wording of the User Terms and Conditions is effective from September 1st, 2011.