(hereinafter referred to as "GTC")
address Generála Štefánika 64, Kežmarok 060 01, Slovak Republic
IČO: 46 150 757
in OR OS Prešov, oddiel Sro, vložka č. 24403/P
The Operator operates the "TATRYKOMPAS" Application and allows the user to use this application to manage its visit dates agreed with individual Service Providers who are in a contractual relationship with the Operator and are also entitled to use the Application. By registering, the User agrees with the Operator, based on which he is entitled to use the Application by these GBTC.
Article IUnless expressly stated otherwise, the following terms and abbreviations marked with a capital letter have the following meaning:
- Operator is the company GM-LINK, s.r.o., with its registered office at Generála Štefánik 64, Kežmarok 060 01, Slovak Republic, IČO: 46 150 757, registered in the Commercial Register of Prešov, Section Sro, File No. 24403 / P;
- Application TATRYKOMPAS allows the User to manage to visit dates - a more detailed description of the application at www. tatrykompas.SK;
- User is a natural person or legal entity that orders a service from the Provider;
- Provider is a natural person or legal entity that provides services and is entitled to use the Application based on a contractual relationship with the Operator;
- Subject Allow Users to Use the Application;
- Registration is the login of a new user to the Application in the manner of filling in the required data, which are verified by the User himself.
- Deadline is the term agreed between the User and the Provider when the User requested the provision of the agreed service from the Provider and the Provider undertook to provide the agreed service.
- Reminder is a message (email, SMS) sent by the Operator to the User to remind the Deadline agreed with the Provider.
- Pages are Operator and User.
- GTC these General Terms and Conditions of Use of the Application „TATRYKOMPAS“ and Personal Data Protection, which regulate the rights and obligations of the Operator and the User in the operation and use of the Application, while the GTC are published and available in electronic form at www.tatrykompas.sk.
- Contract is a contractual relationship established between the User and the Operator based on the User Registration, which entitles the User to use the Application by these GTC.
Register and use the Application
- The Operator has exclusive property rights to the Application and will allow the user to use it free of charge after Registration.
- The application can be used exclusively via the Internet after Registration. The prerequisite for using the Application is the verification of the User's telephone number. The Application cannot be used without this verification.
- The User's access to the Application after Registration will be provided by the Operator through authentication data, which is the access name and password selected by the User.
- By registering, the User establishes an account, is entitled to use the Application and at the same time is obliged to comply with these GTC. By registering, the User declares that he has become acquainted with these GTC and accepts them in full.
- The User acknowledges that he is entitled to use the Application immediately after Registration. If the User starts using the Application before the expiration of the period for withdrawal from the contract by Art. In point 4 of this GTC, the User loses the right to withdraw from the contract after the full provision of the service, which he agrees with and declares that he has been informed of this fact.
- The User declares that the data provided during registration are true and in the case of providing false data will compensate the Operator for damages, or other claims, sanctions or performance required from the Operator for this reason.
- The User undertakes to update his data within the account created within the Application without undue delay.
- Only one Registration is allowed per user. The User is not entitled to any remuneration for the use of the Application.
- The Application contains a list of Providers who, based on a contractual relationship with the Operator, use the Application in their operations, and therefore the Application is used exclusively for these Providers.
- If the User orders the provision of the service from the Operator and the latter uploads the agreed Deadline, the Application will send the User a Reminder of the agreed Deadline in advance of the User.
- The User is obliged to confirm the stated fact in the Application after arriving at the Provider within the agreed Deadline.
- The User undertakes to use the Application exclusively by the generally binding legal regulations of the Slovak Republic and not to abuse it to the detriment of the Operator or the Provider.
Information, Complaints and Complaints
- If the User has any complaint, he has the right to contact the Operator through the contact details provided in these GTC. Complaints must be submitted in writing. The operator will endeavour to respond to all complaints without undue delay. The same applies to claims relating to an application defect, which must be answered no later than 30 days from the date of delivery of the complaint. If the Operator does not respond to the User's complaint within 30 days from the date of delivery of the complaint, the User has the right to withdraw from the contract immediately.
- Upon receipt of a complaint, the Operator informs the User of its delivery and its rights, in particular, that it has the right to (i) request the removal of defects in the Application if the defect is remediable, or (ii) withdraw from the contract if the defect cannot be removed and it prevents the proper use of the Application, or if the defect is remediable, but it has occurred repeatedly, or there are several such defects that prevent the proper use of the Application.
- The User has the right to choose one of the ways of handling the complaint and to notify the Operator immediately. The operator chooses the appropriate method of eliminating the defect and removes it no later than 3 working days and in very complex cases that require technical analysis within 30 days from the date of delivery of the complaint. The Operator will issue a written confirmation to the User about the method of handling the complaint within 30 days of its submission. After the expiration of the time limit for handling the complaint, the User has the right to withdraw from the contract and thus request the cancellation of the account or the provision of a new Registration.
Liability of the Operator, Provider and User
- The Provider as a service provider is responsible for the quality and scope of the provided service, and thus for the fulfilment of all rights of the User arising from the User from the valid legal regulations towards the Provider.
- The Operator is not responsible for matters under point 1 of this article, which the User acknowledges. The Operator is only responsible for the timely sending of the Comment in the manner specified in these GBTC. Due to the nature of the service, the Operator does not provide a guarantee.
- If the Provider does not provide the service properly and on time, or provides the service defectively, the User is not entitled to any performance against the Operator. The above also applies if the User does not come to the Provider within the Deadline, or arrives at the Provider late or at another date. Any claims exist exclusively between the User and the Provider.
- The Operator has fulfilled its obligation to notify the User of the Deadline by sending a Comment. The Operator is not responsible for the non-delivery of the Comment to the User's terminal equipment.
- The Operator is not liable for any damage that may have occurred to the User and/or the Provider because the Comment was not sent, in the following cases:
- The Provider has not uploaded the Date agreed with the User to the Application,
- The Comment was not sent due to a service failure on the part of the telecommunications service provider,
- The Comment was not sent due to a service outage on the part of the internet service provider,
- The Comment was not sent due to a circumstance excluding liability,
- If the Reminder is not delivered to the User due to reasons on the part of the User (switched off the device, discharged device, unconnected device, disconnected device and others), the User is responsible for the stated fact to the full extent.
- The Operator is not liable for any damage caused to the Provider by the User not appearing at the Provider within the agreed Deadline, or for non-fulfilment of the obligation to confirm the User's presence with the Provider within the agreed Deadline.
- The user acknowledges that if repeatedly, t. j. more than twice violates this GTC, especially if he does not come to the Provider within the Deadline, or arrives at the Provider late or in another Deadline, the Provider is entitled to cancel the User's access to the Provider's account within the Application. If the user was entitled to any discounts or other benefits, by cancelling the account within the Provider, this right expires in full. The Operator is not responsible for the Provider's decision to cancel the User's access to the Provider's account as well as for any claims of the User.
- The contract between the Operator and the User is concluded for a definite period.
- The Operator reserves the right to terminate the provision of the right to use the Application at any time, and thus to cancel the User Registration, even without giving a reason. The Operator informs the User about the termination of the User's authorization to use the Application electronically.
- The Operator is entitled to cancel the User's registration and refuses to re-register it if the User has not repeatedly (at least three times) appeared to the Provider within the agreed Deadline, despite sending the Comment to the Operator. Failure to appear with the Provider within the agreed Deadline is also considered to be a case if the User has not confirmed his presence with the Provider in the Application within the agreed Deadline.
- The User is entitled to withdraw from this Agreement within 14 working days from the date of registration, without giving a reason by sending the completed form for withdrawal from the Agreement in writing or electronically to the contact details of the Operator.
- The User is also entitled to withdraw from this Agreement in connection with the defects of the Application, as stated in these GTC.
- The operator specified in Article I, paragraph 1 of these GTC is also a data controller by Act No. 122/2013 Coll., on Personal Data Protection and Amendments to Certain Acts, as amended (hereinafter referred to as „Personal Data Protection Act“), which processes the personal data of Users - natural persons in its information system when administering the Application and enabling its use by Users. By the Personal Data Protection Act, the Operator hereby informs Users that:
- identification data of the operator GM-LINK, s.r.o., with its registered office at Generála Štefánik 64, Kežmarok 060 01, Slovak Republic, ID number: 46 150 757, registered in the Commercial Register of Prešov, Section Sro, File No. 24403 / P;
- the purpose of processing the personal data of Users, the operation and administration of the Application,
- personal data of Users are processed in the scope of the name, surname, address of residence, date of birth, email address, telephone number, data concerning used services (interests, place and time of using services, used services, price of services, etc.),
- personal data is processed based on the Users' consent by § 11 of the Personal Data Protection Act granted during registration, while the consent to the processing of personal data is voluntary, while the consent is granted for the time of using the Application, ie until the User terminates use of the Application by Article V of this GTC,
- The Operator obtains personal data directly from the User and data concerning the used services (interests, place and time of using the services, used services, price of services, etc.) are obtained by the Operator from the Providers,
- when processing personal data of Users, there is no processing of personal data through intermediaries, processing is performed exclusively by the Operator,
- the personal data of the Users are not made available in any way to any other third parties are not published in any way, nor are they provided to any third parties, except when personal data is provided to law enforcement authorities, authorities responsible for resolving offences, administrative authorities, courts and the Office for Personal Data Protection of the Slovak Republic, but only if this obligation to provide personal data to the said entities follows directly from the Operator by law,
- and with the express consent of the Users, personal data provided by the Service Provider from which the User requires the provision of services,
- Users' data will not be transferred to any third countries or there will be no cross-border transfer of personal data within the European Union,
- The controller shall ensure through its security measures that only such personal data are processed which, in their scope and content, correspond to the purpose of their processing and are necessary to achieve it, that personal data are processed and used exclusively in a manner corresponding to the purpose for which they were processed. collected,
- The Operator does not collect personal data obtained for the above purpose with personal data obtained for another purpose, processes only correct, complete and, if necessary, updated personal data, blocks incorrect and incomplete personal data and corrects and supplements without undue delay and if it is not possible addition or correction, clearly and incomplete personal data shall be marked and destroyed without undue delay,
- The controller shall ensure that the personal data collected are processed in a form that allows the identification of the persons concerned for a period not exceeding what is necessary to achieve the purpose of the processing,
- after the termination of the use of the Application and the fulfilment of the purpose of processing the User's data, the User's personal data and documents containing his data will be archived by valid legal regulations and internal regulations of the Operator,
- personal data of members will be destroyed and documents containing personal data will be shredded after the specified archiving period.
- The Operator hereby instructs the User as the data subject whose personal data he/she processes on his / her right based on a written request:
- require confirmation of whether or not personal data about it are processed,
- request information on the processing of personal data in the information system in a generally comprehensible form,
- request, in a generally comprehensible form, accurate information about the source from which its data were obtained for processing,
- require, in a generally comprehensible form, a list of her data which are the subject of the processing,
- request the correction or destruction of your incorrect, incomplete or outdated personal data which are the subject of processing,
- request the destruction of her data whose purpose of processing has ended,
- require the return of official documents containing personal data,
- object to the processing of her data which she assumes are or will be processed for direct marketing purposes without her consent and request their destruction,
- object to the use of personal data for direct marketing purposes in the postal service,
- object to the provision of personal data for direct marketing purposes.
- Users' data are processed on a legal basis, which is the consent of Users as affected persons by § 11 of the Personal Data Protection Act. As the user may revoke the granted consent at any time, the User acknowledges that in the event of revocation of the consent to the processing of personal data, his Registration in the Application will be cancelled. It will be possible to re-register subject to the re-granting of consent to the processing of personal data. In the event of withdrawal of consent, the User will be able to download the Application to his device, but it will not be possible to use it to order Terms from the Providers.
Common and final provisions
- The operator publishes these GTC on the website www.tatrykompas.SK.
- The law of the Slovak Republic applies to the contractual relationship established by the Contract and these GTC.
- The operator is entitled to change, supplement or modify these GTC at any time. Every change of these GTC will be published on the website www. tatrykompas.SK and notified the User via the Application. By using the Application after the change of these GTC takes effect, you accept the change of the GTC.
- These GTC come into force and effect on 25.03.2015.