Podmienky

1. General terms

1.1. The present document contains the terms and conditions of use of Tourist Management 360 application (hereinafter referred to as “Terms and Conditions”), lays down which are the conditions according to which each person may visit or access Tourist Management 360 application or may use any way the services provided by the Application.

In the meaning of the Terms and Conditions: “Application” means the Tourist Management 360 platform; “Provider” means S.C. GK Promo Service S.R.L., registered office located in: 8 Aleea Fizicienilor street, sector 3, Bucharest; “Service” means any kind of service provided by the Application and any of its modules or components; “User” hereinafter means any person visiting or accessing the Application; “Beneficiary” hereinafter means any person creating an account in Application or who wishes to use in any way or effectively uses the Service, including any User.

1.2. By not accepting these Terms and Conditions or any of their provision, it is entailed the User’s/Beneficiary’s obligation to immediately stop accessing the Application.

1.3. By continuing to access or visit the Application, any of its pages and/or the use of the Service, as well as of any component of it, this act shall be construed as an entire and unconditional acceptance of the Terms and Conditions and of any of their provisions.

1.4. By registration, the Beneficiary wholly and unconditionally accepts the provisions of these Terms and Conditions and understands to use the Service in strict compliance with them. The Users / Beneficiaries who create an account in the Application comprehend and accept that the use of their account, as well as any other access or visit of the Application, of any of its pages and/or use of the Service, as well as any of their components represents an entire and unconditional acceptance of the Terms and Conditions and of any of their provisions; the non-acceptance of the Terms and Conditions by the above-mentioned Users triggers their obligation to immediately stop accessing the Application.

2. Terms regarding the use of the Service

2.1. The users who own boarding houses or accommodation units, after creating the account in the Application, may fill in detailed information regarding their contact data (i.e. name, address, phone no.), details for accommodation units, restaurants recommended in the area, local sports, places to visit, facilities of the boarding house, local tourism attractions etc.

2.2. For the information and recommendation introduced in the Application by the Beneficiary, he shall assume full responsibility.

2.3. The Beneficiaries are the only responsible for the tourists’ email addresses, the phone numbers and surnames and first names recorded in the database for the Service provision and request to send messages to tourists. In no case, the Beneficiary or a third person will invoke or engage in any way and measure the Provider’s liability to send emails after the provision of Services. For more information regarding Data Privacy please follow the link: Data Policy

2.13. The Provider has no liability for the performance of the Services requested by the Beneficiaries. The Provider has no control on the content of emails or SMS sent and cannot check or monitor in any way if the services carried out observe the legal provisions. The Provider cannot be held liable for any kind of direct or indirect damages caused by using the Application or Service. The entire liability pertains to the Beneficiary.

3. Price of services and invoicing

3.1. Price of Services are:

3.2. The services will be available for a 6 months free trial period. After the free trial period, the annual price must be paid in order to continue using the Application.

3.3. The price of Services may be modified, in accordance with the Provider’s own option. The new prices and detailed information regarding the provision of Services shall be posted in the Application.

3.4. The Provider may send the invoice immediately after the payment by card is made, by the email address of contact added by the Beneficiary.

4. Rights upon the content of the Application

4.1 The content and elements of graphics of the Application, including but without limiting to these, belong to the Provider and to his Partners and they represent the content of the Application.

4.2. By way of derogation from the prior provision, the Provider or his partners do not possess those materials for which in the Application it is indicated another holder of the rights or another owner or a different source, the information supplied by the Users/Beneficiaries, or any kind of opinions and/or observations expressed by the Users / Beneficiaries of the Application related to any kind of materials posted in the Application or to the content of the Application, in general.

4.3. The User/Beneficiary binds himself to observe all copyrights and any other intellectual property rights that the Provider of the Application and his partners have on/in connection with the Application, its content, of the databases generated by reports, the Service, any of their module or component or related to their use.

4.4. It is forbidden to copy, take over, reproduce, publish, pass, sell, partly, wholly distribute or by modification the content of this Application or of any other party of it performed for other purposes than the personal one or the one explicitly pointed out by the Provider.

4.5. The Application Provider reserves his right to initiate legal proceedings against any person and/or entity breaching in any way the above-mentioned provisions.

4.6. Any User/Beneficiary who sends in any way information or materials to the Application undertakes the obligation not to damage in any way the copyrights, the intellectual property rights or any other rights that a third person could invoke related to the materials and information conveyed in any way to the Application, while the Users/Beneficiaries who send in any way information or materials comprehend and accept that the breach in any way of this obligation cannot entail in any way the Provider’s liability, but only the liability of the respective persons.

4.7. It is strictly forbidden to use the Service in order to send any content, including materials, comments, images, video recordings, but without limiting to these, which have a vulgar or obscene language, contain illegal, threatening, abusive, indecent texts, racist, chauvinist messages or which could discriminate any persons in any way or which could break any other rights and liberties of the human being or third persons, in compliance with the law in force.

4.8. The Users/ Beneficiaries engage themselves to supply when registering in the Application, accessing and using the Service, as well as when performing any activity of accessing and using the Application, valid, authentic, accurate, true and correct data and information, for the purpose of providing or benefitting from services by means of the Application.

4.9. The Users/Beneficiaries comprehend and accept that if they breach in any way and measure any of the provisions laid down under the Terms and Conditions, the Provider may choose, at his discretion, to totally or partly suspend the User’s/ Beneficiary’s access to any Service of the Application, or not to make public any content sent by the User/Beneficiary in order to be posted in the Application, or to finally forbid the access to one or several of the facilities provided by the Application, or to cancel the User’s / Beneficiary’s account in the Application, with no prior warnings or notices and without being necessary any other formalities to this end.

5. The information note regarding the personal data protection

5.1. Pursuant to the requirements set out under Law no. 677/2001 for the protection of the persons regarding personal data processing and free movement of these data, amended and completed, and under Law no. 506/2004 regarding the personal data processing and protection of private life in the field of electronic communications, the Provider shall safely manage and only for the purposes specified, the personal data supplied by Users/Beneficiaries. We inform you that the personal data that the Users/Beneficiaries supply to the Provider are processed for the purpose of supplying the Service under optimum conditions. The Users/Beneficiaries comprehend and accept that the personal data they provide are processed for the purpose of supplying, under optimum conditions, by the Provider of the Internet services and services of electronic communications. For more information regarding Data Privacy please follow the link: Data Policy

5.2. Each User/Beneficiary, according to his own option, provides some personal data in order to create a valid account and to benefit from the Service supplied by the Provider.

5.3. The Information registered are meant to be used by the operator and may be communicated only to the following recipients: targeted persons, other physical or legal persons who process them on behalf of the operator, other physical or legal persons, partners, associates from the same group with the operator.

5.4. In compliance with Law no. 677/2001, each User/Beneficiary benefits from the right of access, of intervention on data, the rights of not being subject to an individual decision and the right to address to a court. At the same time, each User/Beneficiary comprehend and accept that the deletion of their personal data will be followed by the deletion of their account from the system and by the impossibility of accessing the Service supplied by the Provider.

5.5. In order to exercise these rights, each User / Beneficiary may draft a written application to this end, which they should sent by e-mail to contact@gk-psc.com

6. Connection with other sites

6.1. The Users/Beneficiaries comprehend and accept that the Application may contain connections or references to other Internet sites, personal sites (blogs), but without limiting to these, which are considered by the Provider to be useful in connection with the Content of Application, but which cannot be controlled or guided by him.

6.2. The Provider is exempted from any liability in what concerns the content or the opinions expressed on all the above-mentioned Internet sites, as well as from their accuracy and correctness, while the Users/Beneficiaries comprehend and accept that these Internet sites are not monitored, controlled or checked in any way by the Provider. The inclusion of a link or reference to other Internet sites does not imply in any way that the Provider approved them in any way. When the Users/Beneficiaries access these Internet sites, they do it at their own risk, being aware that the use of the services supplied by these sites is subject to conditions defined by the managers of these sites.

7. Limitation of liability

7.1. Considering that the Provider puts at the User’s/Beneficiary’s disposal a platform with information from the tourism field, the User/Beneficiary assumes his entire civil and criminal liability for the information loaded in the Application and the emails sent to tourists and for the consequences of their use. The Provider cannot be held liable for the information loaded by the User/Beneficiary, the emails sent, the User/Beneficiary being the only one responsible before the users, any third parties and authorities as regards the observance of the legal provisions and for any possible direct or indirect, material or moral damages, caused by infringements of the rights of some third persons, for any legal effects deriving from them or for infringing the legal provisions in force.

7.2. In no case, irrespective of the circumstances invoked, the Provider shall not be held liable by the User/Beneficiary for the Services, for any amount besides the amounts effectively paid by the User/Beneficiary to the Provider.

7.3. The Provider does not assume the obligations and does not implicitly or expressly guarantee for the Services provided. the Provider shall make all reasonable efforts to ensure the supply of Services and shall try to correct the errors and omissions as soon as possible.

7.4. The Provider of the Application does not offer any kind of warranties and has no liability for the result of the Services supplied upon demand of the User/Beneficiary, for the information supplied by means of the Application by the Users/Beneficiaries and he shall not be held liable in any case for any kind of loss or damage that could result from the use of any party, sequence of the Service or from the impossibility of its use, irrespective of its cause or from the wrongful interpretation of any provisions related to the Application.

7.5. The Users/Beneficiaries comprehend and accept that the provider puts at the Users’/Beneficiaries’ disposal a platform, so that all services and facilities related to the use of the Application, as well as all data, information included by them are supplied “as they are”, “as they are available”, while Users/Beneficiaries use them at their own risk. The Users/Beneficiaries comprehend and accept that the Service provided by means of the Application is supplied “as it is”, “as it is available” and they use it at their own risk. The Users/Beneficiaries comprehend and accept that the supply of Service may be affected by certain objective conditions, as well as that any services supplied by means of the Application are provided according to the principle “as they are”, “as they are available”, while the Users/Beneficiaries use these services at their own risk. Consequently, the Provider cannot be held liable regarding any information and data from the content of the Application or received from the Users, including but without limiting to those regarding the offers, services, data and information related to the use of the Service, or any other activity related to the use and access of the Service and/of the Application, as well as any other legal effect deriving from them.

7.6. The Users/Beneficiaries comprehend and accept that the Provider is exempted from any liability in case any kind of stop, interruption, disturbance, malfunction or error occurs in the operation mode of the Application, in case of a technical error of any nature or any errors in the Service supply, as well as in any situation which did not prove in a certain way that any errors or issues of technical nature of the above-mentioned are due directly and exclusively to Provider’s serious fault.

7.7. The Users/Beneficiaries expressly comprehend and accept that the Provider is exempted from any liability for any sort of direct, indirect damages including but without limiting to profit losses, good location or other intangible losses derived from the Service use or any other Service-related aspect, as well as from the use of the Application in any way or other legal effects deriving from it.

7.8. The Users/Beneficiaries comprehend and accept that the Provider is exempted from any liability for the messages sent, for the content provided by the Users/Beneficiaries by means of the Service.

7.9. In cases of force majeure the Provider and/or his operators, directors, employees, branches, subsidiaries and representatives, are fully exempted from liability. The cases of force majeure include, but are not limited to these, operational errors of the Provider’s technical equipment, lack of operation of the Internet connection, the lack of operation of phone connections, computer viruses, computer attacks of any kind and interference with malicious computer programs, unauthorized access in the Application systems, operational errors, strike, etc.

7.10. The Users/Beneficiaries agree to fully protect, assure and indemnify the Provider and/or his operators, directors, employees, branches, subsidiaries and representatives from and against any requests, claims, actions, taxations, losses, damages, costs (including, but without any limitation, to lawyers’, experts’ and consultants’ or bailiffs’ fees, legal, notary or performance fees), expenses, trials, decisions, fines, regularizations or other obligations resulted or related to any other action of the User/Beneficiary in connection with the Service use or any other Service-related aspect.

8. Applicable law. Disputes

8.1. The Users’/Beneficiaries’ and Provider’s rights and obligations, provided under the Terms and Conditions, as well as all legal effects produce by the Terms and Conditions shall be interpreted and regulated in compliance with the Romanian law in force. The applicable law, the relations established between Provider and User/Beneficiary/another third party is the Romanian law. The applicable law to any relation or effect arisen from the Service provision or access of Application is the Romanian law. Any dispute arisen from and in connection with the Terms and Conditions shall be settled amicably. In case no agreement can be reached, the dispute shall be settled by the competent Romanian court having jurisdiction in the city of Bucharest.

9. Amendment of Terms and Conditions

9.1. The Provider is entitled to modify anytime and anyway any of the provisions stipulated in the Terms and Conditions or all Terms and Conditions, with no prior notice and without being compelled to carry out any other formality in relation with the Users/Beneficiaries. Any amendment shall be construed as being entirely and unconditionally accepted by any of the Users/Beneficiaries by the simple use or access of any facilities provided by the Application or Service, or by accessing the Application, occurred anytime after the amendment is made, while the non-acceptance of any amendment entails the obligation of the respective User/Beneficiary to immediately cease to access the Application and/or use the Service in any way.