Terms and Conditions of short-term lease of the rental apartments in the Apartmány Sileas (apartment house) as of 04/05/2014
published in accordance with § 5 et seq. of the (slovak) Act on Electronic Commerce
I. Offer and its Acceptation
1.1 Intermediary shall receive Orders from prospective lessee solely on forms prescribed by these terms through the interface at http://www.apartmanylomnica.sk/rezervacia (hereinafter only intermediary interface).
1.2 Order is binding at moment of its sending, however may be cancelled by the lessee via notification under Art. V.
1.3 Changes and additions to the order are valid only in the case of mutual confirmation, in writing ( including electronic ).
1.4 Order is a offer to conclude Short-term lease agreement regarding object defined by description and apartment number on the form at intermediary interface.
1.5 Order is accepted by the addressee if it is confirmed by the intermediary by e-mail , regardless of whether it is generated by intermediary interface, or by other web sites (discount and promotion portals), or other technical means , insofar as it allows the holding of the record on the confirmation.
1.6. Order shall be accepted by addressee even without intermediary ( Apartmány Lomnica s.r.o.). If such a case confirmation must include statement of the fact that for time indicated in the Order apartment is free, that mean that there is not other (conflicting) order confirmed for lease of the same apartment via intermediary interface, discount or promotion portals or websites related to intermediary. For any damages caused by false statement or absence of statement by owner of apartment only lessor shall be liable.
II . Subject and scope of the Agreement
2.1. Subject of the Agreement is short-term lease of space not purported to permanent accommodation , for the Agreement shall apply mutatis mutandis the provisions of the Civil code on the lease agreement and accommodation agreement .
2.2 Scope of this Agreement include also conditions, regulations and procedurals of the civil liability in mutual relations of the lessor and lessee.
III . Pricing and payment terms
1.3 The lessee is obliged to pay duly and timely the agreed or determined price. Payment account is the bank account of intermediary. Unless otherwise agreed price is negotiated in the amounts indicated in pricelist published on the intermediary interface.
2.3 Payment is due by date indicated on invoice that lessor shall issue and deliver to the lessee no later than by date of termination of the lease . The maturity of the invoice or its unpaid balance , unless the parties agree otherwise is 10 days from receipt of the invoice in written or electronic form, however no later than upon the termination of the lease .
2.3. The price shall be paid according to the chosen method of payment specified in the order.
IV . Delivery of the service
4.1. The date of service shall be the day when the service was provided or made available to a lessee in ordered scope, notwithstanding additional orders ( additional services ) .
4.2. Complaints regarding quality and scope of services or works do not affect the maturity of price; lessor is entitled to extend the maturity during the complaint procedure.
V. Order cancellation and cancellation fees
5.1 In the event of a order cancellation notice by the lessee, the lessor has the right to charge a cancellation fee .
5.2. Cancellation fee shall be counted as follows :
a) notified 30 to 20 days before date of accommodation 20 % of the total price ,
b ) notified 19 to 13 days before date of accommodation 40 % of the total price ,
c ) notified 12 to 7 days before date of accommodation 60 % of the total price ,
d ) notified 6-2 days before the date of accommodation 80 % of the total price ,
e ) notified 1 day before the date of accommodation 100 % of the total price .
VI . Damages
6.1 Lessor is liable to compensate damages occured on the things owned by lessee – stamps, money above 100 € (and equivalents) and a jewelry only if lessee stored them in a secure area / vault / or safe deposit box at the front desk joint landlords . In case you are not following introduced items stored , this is proof enough of the damaged failure to prevent the occurrence of damage .
6.2 In other cases, compensation matters apply to guests damaged entitled to reimbursement by completing a form for reporting on the damage that more and sign along with the authorized representative of the lessor . The message contains undisputed factual allegations of the course of events , and separately identified disputed facts and the proposed method of proof . If the message is not listed injured questionnaire is to adduce evidence to prove the damage, its extent , and the link between the damage to guests Matters and its introduction ( the fact that the damage occurred during the stay , and that the matter had been brought into the premises subject rent) at the latest in early a claim for damages .
6.3 Responsibility of the tenant and its jointly committed individuals for damage to the equipment of the apartment and its premises shall be considered proven if the damage occurred during the occupation of the premises of the apartment , where such damage discovered later than the time the lease expired , and are listed in the record of the damage incurred in Otherwise, unless the course is insured event recorded landlord or service provider . To determine the time of injury is crucial status of the equipment on the inventory list at the date of taking over the premises .
6.4. Liability for damages shall also apply to common areas used by multiple tenants , common areas of each building in which the apartment is located and the damage to adjacent land , if their damage is based obligation to the landlord for damages against the owner Affairs .
VII . Joint commitments and Settlement of multilateral disputes
7.1 If any group of entrepreneurs ( § 2 of the Commercial Code ) , including property- related companies and trade contractors who have an ownership interest manifested in the use of common elements across business name ( § 10 para . 2 and § 66a of the Commercial Code ) or persons in the position of being controlled and controlling person , with a similar line of business , submitted a draft contract on short lease apartment , and then there is :
a) to the use of other group members, entrepreneurs ,
b ) the use of its employees or other persons subject to such an undertaking constitutes acceptance agreement to form a joint undertaking within the meaning of § 511 of the Civil Code ; if the act occurs without the consent of the original borrower – the Customer , such a takeover accession commitments under § 533 OZ both in respect of rents as well as respect of any claim for damages on the subject of the lease .
7.2 Similarly , the parties agreed on a common commitment to the natural or legal person who has concluded a contract and its related parties, or persons to whom the proposal can be applied under § 42b Mark under § 511 and § 533 OZ OZ .
7.3 Similarly , the parties agreed to form a joint commitment to the lessee with individuals outside employees landlord, or its subordinates , or its contractors , which enable the lessee to use the object of the lease .
7.3 Dispute resolution of joint commitments or multilateral transactions that occur under the contract and receipt of the leased pursuant to the preceding paragraph, Article IX . these conditions .
VIII . Draft arbitration agreement for the resolution of disputes with third parties
8.1 The client ( lessee ) to dispatch orders and consent to these podmiekami simultaneously proposing an arbitration clause under Art . IX all persons who will be bound by a common commitment as well as accession to the obligation of the Customer under § 533 OZ .
8.2 The landlord confirming the order at the same time proposing an arbitration clause under Art . IX all persons who are or will be committed joint commitment with the client , as well as accession to liability under § 533 OZ .
8.3 Proposal pursuant to paragraph . 8.1 and 8.2. is binding and irrevocable , and acceptance by the obligor ( collectively committed people ) as well as natural and legal persons , acceding to the lessee to the lessor is an arbitration agreement under Art . IX .
IX . Settlement of disputes
9.1 All disputes between the parties to the arbitration clause , or in connection with it , including disputes concerning its validity , infringement and revocation of interpretation , as well as on the arbitrability of the dispute shall be resolved by the court of arbitration by a single arbitrator Mgr . Slavomir Jančok , ACIArb ( email@example.com ) according to the rules SRS JSM .
9.2 The place of arbitration is in Zug , the law validity of an arbitration clause is Swiss law , the parties under Art . 192 IPRG negotiated preclude an investigation of the Award of the Swiss Federal court, the parties agreed on the right to request a review of an arbitration award by another arbitrator , provided the person selected under the Rules SRS JSM published in the Journal of Business .
9.3 Parties expressly in accordance with § 34 para . 3 Slovak ZRK agree that the arbitration award will be deemed delivered within the agreed venue , regardless of his place of signing , dispatch and any other action by the arbitral tribunal.
9.4 Parties expressly take no note of the enforcement provisions of the Convention on the recognition and enforcement of judgments between Czechoslovakia and Switzerland , including the Additional Protocol , which considers the arbitration award for judicial decision .
9.5 The Parties expressly acknowledge that the leasehold rent by the lessor is not the activity of the landlord as a business entity , but only use his own property , and the legal relationship between landlord and tenant is not a consumer relationship .
X. Additional determination of the contract provisions – stabilization clause
If a dispute arises between the parties for additional determination of the contract under the Civil Zákonnáka decision will be determined by the provisions of the Treaty in proceedings under the Rules of Procedure SRS JSM . Parties expressly declare that the additional determination of the content of the agreement is not a condition for the validity and effectiveness of the contract concluded pursuant to these Terms and Conditions .
If any provision of this Agreement will expire on the basis of a court , arbitrator, or if you even just one of the parties objected to the term of this Agreement or part thereof decency or business practices maintained in the sector parties within 30 days replace the disputed provision by another provision as near as possible its original content and purpose . If agreement can not be the content of such amendment , requested the parties to mediate a settlement of the above- provided third party ( Art. 9.1 ) .
XI . Handling of personal data
11.1.Sprostredkovateľ information system operated by the Purchaser, which forms the reservation form on the website user interface agent , and external storage exported data on the hard disk intermediary . The exported data is stored in secure files . Access to exported data files containing personal data of the Customer , the persons entrusted with the processing of personal data and the performance of the contract , namely : a) the administrator of the reservation system , b ) intermediary managers , c ) facility Apartment / reception room , d ) other persons authorized intermediary.
11.2. Operation interface and data backup provides intermediary services contracted provider / electronic communications networks . Any leakage , diversion , provision or disclosure of data between service providers / networks of electronic communications can not be attributed to the liability of the intermediary and the client undertakes any claims from such interference in their legally protected interests to apply directly to the provider . Intermediary at the request of the client is obliged to provide the necessary assistance for the claim .
11.3.Objednávateľ placing an order granted by the lessor and the intermediary in accordance with the Act. 428/2002 Coll . the Data Protection consent to the processing of personal data contained in the order box intermediary in order to fulfill contracts concluded under these conditions and by electronic means ( especially e – mail , SMS , telemarketing ) . Customer consent granted for a period up to its appeal .
11.4. Intermediary is authorized to provide processed data to the competent national authorities , if necessary for the implementation of evidence in the ongoing civil, commercial , criminal or administrative ( infringement ) proceedings , to require the owner of the apartment is also authorized to provide processed data to the owner of the apartment , if necessary for the application his rights , and solely to the extent that , under the law does not require the consent of the person concerned .
XII . choice of law
12.1. Between the parties specifically negotiate the choice of law to all contractual relations , and the choice of the Principles of European Contract Law . 2.12 For questions not addressed in the principles used as the applicable law the law of the Contracting Party which has the closest relationship to the dispute ; However, priority will be :
a) in cases of disputable legal acts of the State in which the seat of the party whose action is disputed ,
b ) in the case of compensation law of the State where the seat is damaged,
c ) issues formal validity of an act that the law , which requires less onerous forms ,
d ) issues of material force act the law that increasingly supports the principle of freedom of contract and the principle of non venire contra factum proprium ,
e ) in the case of an action for judicial imposition of a fine ( judicial penalty) , provision UPICC Art . 7.2.4 . ,
f ) in matters contractual fine Slovak law , in the event that the Customer is an entrepreneur within the meaning of the Slovak Commercial Code , shall be used in matters contractual fine Spanish law .
XIII . Final provisions
13.1. Contractual terms of the lease are binding from the date of their publication on the website http://www.apartmanylomnica.sk/rezervacia . Publication SRS JSM under Art . IX and publication in the leased premises , as of the date of the first publication , if publication in the leased premises are effective only against persons who demonstrably familiar with them and expressed his agreement in the leased premises .
13.2. Terms and conditions apply to the extent and as amended , which are available on the website http://www.apartmanylomnica.sk/rezervacia the date of dispatch of the order. These conditions are based on the free will of both Parties and Parties declare that changes the dispositive provisions of the laws which governed their contractual relationship shall not affect their validity . The Parties consider the content of these conditions for concordant with morality and the meaning of the principle of non venire contra factum proprium declare that in the future will not seek a plea of violation of these terms or portions thereof with good morals.