Condition & Terms of Use of the Lemondia Platform

  1. Terms of use

    1. These terms of use of the Lemondia platform ("Agreement" or "Terms") are an agreement between you ("you" or the "Customer") and the company Lemondia s.r.o., with its registered office at U cukrovaru 723/28, Vinoř, 190 17 Prague 9, IČO: 19517301 , registered in the commercial register maintained by the Municipal Court in Prague, file number C 387773 ("Lemondia" or "we").
    2. Lemondia is an online marketplace that connects users looking for services offered on our website ("Customers") and providers of these services ("Suppliers"), i.e. in particular services within the framework of organizing events and activities ("Supplier Services"), including e.g. rental space, accommodation and other additional services.
    3. In order to enable you to use our lemondia.com website (the "Website") and all associated websites, including mobile versions of websites and applications owned and operated by us, our predecessors or successors, or our affiliates (collectively, the "Platform") ), and to use all services, applications, software, features and products that are accessible through the Platform and that refer to this Agreement (collectively, the “Services”), you must read, agree to, acknowledge and accept these Terms . These terms also include the Privacy Policy available at https://lemondia.com/legal/terms and the Cookies Policy available at https://lemondia.com/legal/cookies.
    4. Lemondia is only the operator of the Website, i.e. it ensures the technical operation of the Platform, administration and operation of the system providing space for user communication.
    5. By using our Services, you confirm that you have read, understood and agree to these Terms. If you do not understand, agree to, or do not wish to accept these Terms, you are not authorized to use the Services. These Terms constitute a binding agreement between you and Lemondia.
    6. Lemondia reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. We will inform you about changes to the Terms, especially through the Platform. The change of conditions is effective on the day of its publication through the Platform.
  2. Use of the Platform and Customer (User) Account

    1. The use of the Platform is free of charge. The Customer bears the costs incurred in connection with the realization of access and use of the Platform (e.g. costs of Internet connection, etc.).
    2. If the Customer is a natural person and uses the Platform outside the scope of his business activity or outside the scope of the independent performance of his profession, the legal provisions governing the legal status of the consumer shall apply to the contractual relationship between him and Lemondia.
    3. To create a customer account on the Platform ("Account"), you must be at least 18 years of age and must provide accurate information in good faith that you agree to keep up to date. By creating an Account on behalf of a legal entity, you give a warrant to us that you have all necessary authority to bind that legal entity to these Terms.
    4. We will need the following information to create an Account:

      • name and surname;
      • e-mail adress;
      • telephone number;
      • password;
      • and in the case of a legal entity:
      • Company name;
      • residence,
      • IČO / registration number of the non-profit organization.
    5. You are responsible for the security of your Account and for all activity on the Account while anyone is logged into the Account. If you believe that your Account has been compromised, please contact us immediately at info@lemondia.com.
    6. After creating a Legal Entity Account, it may be verified by us. In the event that it is not an existing company or in the event that the Account was established by a person who is not authorized to do so, we are entitled to delete this Account.
  3. Account Deletion and Suspension

    1. If you wish to permanently delete your Account, please contact us by email at info@lemondia.com.
    2. The provisions of these Terms, the nature of which requires it, will remain in effect even if you no longer have an Account with us.
  4. Order, payments

    1. By making a reservation for the Supplier's Service, you agree to pay the price, including any related fees and taxes. By making a reservation, i.e. clicking on the "[Confirm]" button, you place a binding order for the Supplier's services. The provisions of Section 1740, paragraph 3 of the Civil Code shall not apply. You will be notified of the confirmation of the reservation on the Platform and via the email specified in the reservation ("Acceptance"). Delivery of the Acceptance will result in the conclusion of the Contract between you and the Supplier.
    2. You are required to pay part of the price (the "Deposit") at the time of booking, the remaining part of the price (the "Payment Due") will then be paid directly to the Supplier, in the manner and under the conditions set by the Supplier. The amount of the Advance Deposit and Payment Due is indicated on the Platform.
    3. You can pay the deposit by online payment through the payment processor Stripe. The Stripe fee is already included in the amount of the Deposit.
    4. You expressly understand and agree that Lemondia is not responsible for any payments and monetary transactions that occur as a result of your use of the Services. You expressly understand and agree that all payments and monetary transactions are processed by payment processor Stripe (https://stripe.com). If you want to pay the Deposit with an online payment, you will need to add a payment card to Stripe. When you add a payment card, your card information is stored with payment processor Stripe. You agree that Lemondia will not be responsible for any issues related to financial and monetary transactions between you and any other party, including the company operating Stripe. Furthermore, Lemondia is not responsible for the functionality of the payment gateway.
    5. You may not use stolen or unauthorized payment or credit cards to pay for the Services.
    6. To the extent permitted by law, Lemondia reserves the right to change its payment processors at any time and without notice. Lemondia does not store any payment card information.
    7. Depending on your location, some banks may charge you a foreign transaction fee when paying the Deposit. Lemondia has no control over this fee. Contact your bank for more information.
    8. In case of payment of the Advance within the use of the Account of a legal entity, you can make the payment by bank transfer on the basis of the issued invoice.
    9. We reserve the right to change our fees in the future and to charge additional fees for any type of transaction.
  5. Taxes

    1. We collect tax identification data and report it to tax authorities if we are required to do so by generally binding legal regulations.
    2. We are responsible for a number of financial transaction taxes in various jurisdictions. If you are located in a jurisdiction where Lemondia is required to charge and collect tax (e.g. VAT) and the transaction is subject to that tax, then that tax will be added to the total amount. After payment, the amount of tax will be automatically deducted and remitted to the relevant tax office.
  6. Limitations

    1. You are responsible for all activity on your Account. If we discover content on your Account that violates these Terms, we may remove such content at our sole discretion. If we reasonably believe that any content or activity on our Platform violates these Terms or may be harmful to us, we may, at our discretion, suspend your access to the Account or terminate the Account.
    2. We do not allow content that violates the Terms or the law. The summary of these rules is that we do not allow: i) illegal content; ii) content that is abusive towards other users; iii) content that uses the intellectual property of others; iv) pornographic content. If we reasonably believe that any content on our Platform violates these terms or may harm us, our Customers or another third party, we may remove such content in our sole discretion.
    3. We have the right to prevent you from making a booking, cancel any bookings you have made or prevent you from using the Platform or Account. Of course, we will only take such a step if, at our discretion, we have a valid reason to do so, for example:

      • fraud or abuse;
      • failure to comply with the Terms or applicable laws or regulations;
      • inappropriate or illegal behavior (eg violence, threats or invasion of privacy) towards us, Suppliers or anyone else.
    4. If we cancel the booking as a result of such a reason, you will not be entitled to a refund. We may inform you why we have canceled your booking, provided that we do not i) violate applicable law and ii) frustrate or make it impossible to detect or prevent fraud or other illegal activities. If you believe that we have canceled your reservation without authorization, please contact us at help@lemondia.com.
  7. Use of the Supplier's services

    1. By making a reservation, a contract is concluded directly between you and the Supplier, not Lemondia. Suppliers providing services on the Platform are entrepreneurs. Identification data of individual Suppliers, i.e. name, ID number, registered office, contact details, etc., are listed on the Platform on the relevant Supplier's page.
    2. By booking a Supplier's Services, you accept the relevant Supplier's terms and conditions, which will be displayed during the booking process. Cancellation conditions and all other conditions (deposits, surcharges, extra beds, food, cancellation, payment terms, etc.) applied by individual Suppliers can be found on our Platform: on the Supplier information pages, during the booking process, in the important information section or in the email with confirmation).
    3. If you cancel the reservation or no-show, any cancellation/no-show fee and any refund will depend on the terms and conditions of the individual Suppliers. Some reservations cannot be canceled free of charge, others can be canceled free of charge only up to a certain date.
    4. As the person making the reservation, you are responsible for the actions of all group members.
    5. Lemondia is not responsible for the proper performance of the ordered services by the Suppliers. All possible deficiencies, complaints and other claims that may arise in connection with the provision of Services to Customers must be made exclusively with individual Suppliers.
  8. Our role

    1. We proactively monitor Event listings offered on our Platform to ensure that Suppliers comply with these Terms. We also review reports of possible incompliance. In most situations, we will work with Suppliers and Customers to resolve potential violations. Canceling or blocking an Account is not a decision we take lightly and we only do it in the most serious cases.
    2. If you suspect that someone has violated these Terms, please let us know at info@lemondia.com. Each report will be reviewed by our staff and you will be notified of the evaluation.
    3. We are constantly testing new features to improve our Services. We can add or remove features and test features with a random subset of our community. If we believe that a feature differs significantly from these Terms, we will explain those differences to you during testing.
  9. Content provided on the Platform

    1. Lemondia is not responsible for the content of individual Supplier Services and information available on the Platform.
    2. Lemondia is not responsible for the loss or damage of data in your Account. Lemondia is not obliged to compensate for any damage caused by the loss or damage of this data (service reservations made, etc.).
    3. Lemondia is not responsible for the correctness and up-to-dateness of the information provided in the individual Services of the Suppliers or profiles of the Suppliers, nor for the validity, quality, availability or up-to-dateness of the services provided by the Suppliers themselves. However, we try to the best of our ability to keep the content up-to-date and content-correct.
    4. Lemondia excludes any liability for (i) unavailability of the Services, (ii) deletion of any content or user data. We reserve the right to modify any content or deny access to the Platform at any time in response to a violation or suspected violation of these Terms.
    5. The Customer bears all risks associated with the use of the Service, including reliance on the quality, integrity, accuracy, completeness or usefulness of the Content. We may remove any content, including content that we determine does not serve the purpose of the Services, violates these Terms, is otherwise unlawful, or is otherwise inappropriate in our sole discretion.
    6. The relevant Supplier is always responsible for the content of the Supplier Services available on our Platform. The supplier bears full responsibility for such content, including its legality.
  10. Use of the Services

    You hereby consent to our collection and use of anonymized data (including metadata, analytical, diagnostic and technical data and usage statistics) related to or resulting from your use of the Services for the purpose of providing the functionality of the Services, further product development, marketing and to verify compliance with these Terms .

  11. Intellectual property

    1. Lemondia has invested significant effort and resources in the development of its intellectual property, including but not limited to the Platform, the Services and any other software, features, functions, design, copyright of any kind, information or other materials that it makes available to you ("Intellectual Property"). Lemondia hereby grants you the right to use the Intellectual Property for the purposes of using the Services and/or the Platform on an "as is" basis, without any warranties other than those set forth in these Terms, for the duration of the Services. You hereby acknowledge and agree that all Intellectual Property remains the exclusive property of Lemondia, or the Suppliers, as the case may be, and at no time shall you acquire any rights other than those expressly granted to you by these Terms, unless Lemondia gives prior written consent. Lemondia reserves the right to remove Customer's access to any Intellectual Property upon termination of the Services.
    2. You further agree not to attempt to reverse engineer or otherwise access the source code of any Intellectual Property. Notwithstanding this restriction, you may not circumvent technical protections or other restrictions associated with the Platform or the Services, except where such activity is expressly permitted by applicable law. You may not use the Intellectual Property to create any software that is similar to the Services and/or the Platform. Further, you may not allow unauthorized third-party applications to access the Services.
    3. If you provide us with feedback on the Services, such as suggestions for improvements or features, such feedback will not be treated as confidential and proprietary, and the implementation of such feedback will eventually become the intellectual property of Lemondia and may become part of our Intellectual Property without compensation to you. compensation provided.
    4. If you create any content (text, images, etc.) related to the Services ("User Content"), you grant us and third party service providers used in connection with the Services a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, displaying and displaying User Content in connection with the operation, promotion (e.g. marketing materials, presentations and advertisements) and improvement of the Platform and Services. This license lasts for the duration of the ownership rights associated with the User Content. In return, you keep a non-exclusive license to share your User Content, but only for non-commercial purposes. Lemondia may, in its sole discretion, revoke your permission to create or share User Content at any time and for any reason. Please ensure that your User Content does not infringe the rights of third parties. If Lemondia faces any legal issues or claims as a result of your User Content, you will be responsible for any damages we incur.
  12. Third-party applications

    1. You can grant Lemondia access to your third-party accounts, such as Google, to log into your Account and use any other features. Each time you connect your third-party account, that third-party account will display a page describing the information Lemondia has access to.
    2. You may revoke Lemondia's access to these accounts at any time using the applicable third party's security settings page.
  13. Disclaimer

    Although we use automated systems that analyze content to detect violations and abuses such as spam, malware and illegal content, your access to and use of our Services or any content is at your own risk. We have the right to make changes and update any information contained in our Services without prior notice. We try to describe each Service offered on the Platform as accurately as possible. However, we do not warrant that the specifications of the Services, prices or other content provided on our Services are complete, accurate, reliable, current or error-free, and we shall have no liability for them to the fullest extent permitted by law.

  14. Compensation

    1. To the extent permitted by law, you will indemnify us against all losses and liabilities, including attorneys' fees, arising out of these Terms or related to your use of our Services. We reserve the right to have exclusive control over the enforcement and defense of any claim covered by this provision. If we decide to exercise this right, you undertake to provide us with all necessary cooperation.
    2. Your obligation to indemnify us under this clause also extends to our officers, directors, employees, other representatives and third party service providers.
  15. Limitation of liability

    1. We do not guarantee that Lemondia will be available and up and running 100% of the time and accept no responsibility for any downtime of our Services.
    2. The Platform and the Services on it are provided as they are ("as is") and without any guarantees. Lemondia is liable to a Customer who is not a consumer for damage caused only if it was caused intentionally or through gross negligence, in all other cases Lemondia's liability for damage is excluded. The maximum amount of damage or injury for which Lemondia is liable to a non-consumer Customer is limited to the compensation we have received from Suppliers in connection with your order of Supplier Services during the six (6) months immediately preceding the date of the event giving rise to the claim, but up to a maximum of CZK 50,000. The existence of more than one claim does not increase this limit.
    3. For this article, "we" and "our" (and other first-person plural uses) are defined to include our officers, directors, employees, agents, consultants and third-party service providers.
  16. Dispute Resolution and Governing Legislation

    1. Contact us in case of a problem. If a dispute arises out of these Terms or in connection with your use of our Services and cannot be resolved by mutual agreement, it will have to be resolved by the appropriate courts. All disputes arising from these Terms and Conditions are subject to the exclusive jurisdiction of the relevant courts of the Czech Republic.
    2. These Terms and Conditions are governed by and will be interpreted in accordance with the laws of the Czech Republic, excluding their conflict of laws rules. These Terms do not in any way limit your consumer protection rights to which you may be entitled under the binding laws of your country of residence.
  17. Information for consumers

    1. In accordance with the provisions of § 1837 letter j) of Act No. 89/2012 Coll., the Civil Code, the consumer does not have the right to withdraw from a contract for accommodation, transport of goods, rental of means of transport, catering or use of free time, if the contract is to be fulfilled to on a certain date or in a certain period. This provision applies to the contractual relationship between you and the Supplier.
    2. The consumer is entitled to withdraw from the contract if the service provider (Lemondia or the Supplier) breaches the contract in a material way, in which case the consumer must withdraw from the contract without undue delay after becoming aware of the breach of contract.
    3. The service provider (Lemondia or the Supplier) is obliged to provide the service in accordance with the contract and without legal or factual defects. Fulfillment must be provided in the agreed quantity, quality and execution.
    4. Contact details for exercising consumer rights against Lemondia:

      Lemondia s.r.o., U cukrovaru 723/28, Vinoř, 190 17 Prague 9, phone: 602151755, e-mail: info@lemondia.com

    5. Contact details for exercising consumer rights against the Supplier are listed on the Platform on the relevant Supplier's page. Lemondia will provide the consumer with all the cooperation necessary to exercise the consumer's rights against the Supplier.
    6. In the event that a consumer dispute arises between Lemondia and you as a consumer, which cannot be resolved by mutual agreement, you are entitled to submit a proposal for an out-of-court settlement of such a dispute to the relevant body for out-of-court settlement of consumer disputes, which is: 

    Czech Trade Inspection Central Inspectorate - ADR Department Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, Web: adr.coi.cz. Alternatively, you can also use the online dispute resolution platform established by the European Commission, which is available at: https://ec.europa.eu/consumers/odr/.

  18. Other

    1. If any provision of these Terms is deemed unenforceable, that provision will be modified to the extent necessary for its enforceability. If a given provision cannot be modified, it is severed from these Terms and all other provisions remain in effect. If one of the parties does not enforce a right arising on the basis of these Terms, this does not waive the possibility to enforce such a right in the future.
    2. Information relating to your Account (e.g. payment authorizations, invoices, password or payment method changes, confirmation messages, notifications) will only be sent to you in electronic form, for example via emails to your email address provided during registration.
    3. Lemondia is entitled to interrupt, modify or terminate the operation of the Platform at any time.
    4. If you have any questions or concerns regarding these Terms or other policies/terms, please contact us at info@lemondia.com.

Effective from 1/1/2024

Condition & Terms of Use of the Lemondia Platform

  1. Introductory provisions

    1. The company Lemondia s.r.o., with its registered office at U cukrovaru 723/28, Vinoř, 190 17 Prague 9, IČO: 19517301, registered in the commercial register maintained by the Municipal Court in Prague, file number C 387773 ("Lemondia"), operates the Lemondia web platform ("Platform"), which enables Platform visitors ("Customer") to order services offered by third parties.
    2. These general terms and conditions ("GTC") govern the rights and obligations of Lemondia and the Interested party ("Participant") who has entered into a business cooperation agreement ("Agreement") with Lemondia by creating a user account on the Platform ("Account"). The proposal for the conclusion of the Agreement is sent by the Participant to Lemondia after ticking the so-called check-box by clicking on the button "[Sign up]" ("Registration Request") within the framework of registration on the Platform. The provisions of Section 1740, Paragraph 3 of Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code"), shall not apply. The information provided by the Participant in the Registration Application is considered correct by Lemondia. Only a person who has all the necessary authorizations to enter into a Contract on behalf of this legal entity and bind them to these GTC is authorized to Apply for the registration of a legal entity on the Platform, while Lemondia is entitled to verify the identity of the Participant and the specified data.

      Following the delivery of the Registration Request, Lemondia will create an Account on the Platform for the Participant and notify the Participant of this fact by email ("Acceptance"). Upon delivery of the Acceptance to the Participant, the Agreement is concluded (the Participant and Lemondia hereinafter together as the "Contracted Parties").

    3. An indivisible part of the Agreement are these General Terms and Conditions, which are binding for the Participant from the date of conclusion of the Agreement, as well as the Personal Data Protection Policy available at https://lemondia.com/legal/terms-venue.
  2. Service offer

    1. The Participant is entitled to offer its services ("Services") on the Lemondia online marketplace ("Marketplace").
    2. The Participant is entitled to upload and manage his offer of Services on the Marketplace through his Account. The account is also used for communication between Lemondia and the Participant.
    3. Creating an Account and publishing the offer of Services on the Platform by the Participant is free of charge. The Participant bears the costs incurred in connection with the realization of access and use of the Platform (e.g. costs of internet connection, etc.).
    4. The uploaded offer of the Services is subject to Lemondia's approval. The Participant is not entitled to offer Services that could be perceived by the public as inappropriate for racial, religious, national, sexual, political or other reasons. In case of doubt, the Participant is obliged to consult with Lemondia in advance about the inclusion of the Services.
    5. Lemondia is entitled to remove the Participant's Services from the Marketplace without prior warning, of which the Participant shall inform Lemondia immediately.
    6. The Participant confirms that he is authorized to offer Services on the Marketplace and that their provision does not violate valid and effective legal regulations, distribution, license or other agreements. This confirmation also applies to information on the Services, including photos.
    7. The Participant grants Lemondia a non-exclusive, royalty-free and worldwide license or sublicense to use, reproduce, have reproduced, distribute, modify, sublicense, make available and in any way and display the intellectual property related to the information on the Services (e.g. texts, captions, photos, videos, etc. .), which the Participant provided to Lemondia and/or which are necessary for Lemondia to exercise its rights and fulfill its obligations under the Agreement. The Participant declares that this will not infringe any intellectual property rights of third parties.
    8. The Participant declares that all information provided on the Marketplace is true, up-to-date, accurate and complete and meets the requirements established by effective legal regulations, including regulations on consumer protection. The Participant is obliged to inform Customers about the Services at least to the same extent as it informs its direct customers, for example on its own website. In the event of breach of these obligations, the Participant undertakes to compensate Lemondia for all incurred damage and related costs, including the costs of legal representation incurred by Lemondia and any fines imposed on Lemondia by public administration authorities.
    9. The Participant is obliged, at his own expense and responsibility, to update the offer of Services and their availability through the Account, in accordance with his technical requirements, including the scope, structure and categorization of the Services. This information is updated directly in the Participant's Account on the Platform.
  3. Provision of services

    1. For the purposes of the Agreement, an order means an order for Services by the Customer to the Participant ("Order"). The order will be created through the order system within the Platform.
    2. The Participant determines the price of the Services, while including this price, including all taxes and fees, in the offer of the Services on the Marketplace so that the price of the Services and its possible parts are available to the Interested Parties. ("Price for Services"). The price of the Services includes value added tax ("VAT") and all other taxes and fees that are added to the Price of the Services in accordance with valid and effective legal regulations. For exclusion beyond any doubt, the Contracting Parties confirm that the Price of the Services already includes the Lemondia Commission further specified in Article 4 of the General Terms and Conditions.
    3. The Participant is obligated to set the Price of the Services as competitive on the given market. The price of the Services must not be higher than the price of the services offered by the Participant to its own customers, for example on its own website.
  4. Commission

    1. For each reservation, i.e. the created Order of Customer Services within the Platform, the Participant shall pay Lemondia a commission, the amount of which is specified in the current price list, which forms Appendix No. 1 of these GTC ("Commission"). The commission will be paid in accordance with paragraph 8.10. of these GTC.
    2. Lemondia is entitled to payment of the Commission in the following cases:

      • Services ordered and provided by the Participant,
  5. 5. Promotion of Goods & Services

    1. The Participant grants Lemondia the right to promote its Services in a manner customary for Lemondia and at Lemondia's discretion, including email campaigns, PPC, etc.
    2. Lemondia informs the Participant about planned marketing events well in advance. The Participant is entitled to participate in the promotion after prior agreement with Lemondia.
    3. As part of marketing events in which the Participant voluntarily participates, the Participant is subsequently obliged to follow Lemondia's instructions and set the Price of the Services in accordance with the rules of the marketing event. The costs associated with the marketing campaign will be divided according to the agreement of the Contracting Parties.
    4. In the event that the Participant provides Lemondia with promotional materials, it declares that it has settled the relevant property copyrights and is entitled to provide them to Lemondia for the purposes of promoting the Services, its brand or the cooperation of the Contracting Parties.
    5. The Participant agrees to display its business name and logo in connection with the promotion of the cooperation and the Services on the relevant promotional materials of Lemondia, including the Platform or social networks.
  6. Processing of the Order

    1. Individual partial contracts will be concluded between the Participant and the Customer. The Participant agrees that Lemondia's position in this relationship is exclusively that of an intermediary.

      Order auction

    2. The Customer creates an Order Auction in the Platform, which the Participant will see in their account if the criteria in this Order Auction are met (location, availability, etc.). . The Participant will be allowed to participate in the order auction, i.e. send a bid ("submit bid"). After choosing and confirming the selected offer of the Participant by the Customer, the Order is concluded. The order will contain the identification of the Customer, the designation of the ordered Services, the period, the date of service provision, and other information regarding the Services. Lemondia is not responsible for the correctness and completeness of the data provided by the Customer.
    3. Package

      The Participant is entitled to create offers of his Services within the framework of so-called packages. Individual packages are published on the Platform and the Customer creates an Order by ordering a package on the Platform. To avoid doubts, the Participant is obliged to regularly (but at least once a day) check and verify the reservations made on the Platform.

    4. After creating the Order, the Participant is obliged to accept the Customer as its contractual party and to provide the ordered Services in accordance with these GTC and legal regulations for the Service Price set on the Platform at the time of the Order execution.
  7. Claims and complaints

    1. Only the Participant is authorized and obliged to handle the Customer's complaints, claims and claims. The Participant is obliged to handle the complaint directly with the Customer and is obliged to resolve each complaint in the manner and within the time limits stipulated by the relevant legal regulations applicable to the Customer in question. The Participant is responsible for the breach of any obligation when dealing with any Service complaint and Customer claims.
  8. Billing and invoicing

    1. At the time of the Order, the Customer pays a deposit for the ordered Services in the amount of 15% of the total value of an inquiry.
    2. The Participant expressly authorizes Lemondia to issue invoices for the Advance on behalf and for the benefit of the Participant to the Customer. The Participant undertakes to provide Lemondia through the Platform properly and on time with all the data necessary to issue individual tax documents. The issued tax documents will be (i) stored by Lemondia on the Platform and (ii) regularly sent to the Participant by email.
    3. The Participant undertakes to accept all tax documents issued by Lemondia on behalf of the Participant in accordance with paragraph 8.2. GTC Any discrepancies will be resolved according to Article 8.6. GTC
    4. The Participant agrees that Lemondia will issue tax documents in electronic form. Tax documents issued in electronic form must meet the technical requirements of valid and effective VAT legislation.
    5. Lemondia undertakes to issue tax documents in accordance with the relevant provisions of valid and effective VAT and excise duty laws (if applicable).
    6. Lemondia undertakes to correct any discrepancies on the relevant tax document by issuing a new tax document within ten (10) days from the date on which it received notification of the discrepancies, unless otherwise agreed by the Contracting Parties. The provisions of this paragraph apply similarly to the issuance of a corrected tax document.
    7. Lemondia undertakes not to issue no other documents on behalf of the Participant than the tax documents issued in accordance with Article 9 of the General Terms and Conditions.
    8. Lemondia is entitled to authorize a third party to issue tax documents issued in accordance with Article 9 of the General Terms and Conditions.
    9. The Customer's funds will be credited to the account of Lemondia, which holds them for the Participant and is obliged to transfer them to the Participant according to the conditions set out here ("The Participant's Receivable").
    10. Within fifteen (15) days from the date of issuing the advance invoice in favor of the Participant, Lemondia will issue an invoice for the Commission ("Lemondia Claim"). Lemondia then offsets Lemondia's Claim against the Participant's Claim at the time of mutual maturity and sends any balance within fourteen (14) days to the bank account specified by the Participant. In the event that the balance is paid within this period, the Contracting Parties declare that they will not claim late payment interest from the balances of receivables paid in this way.
  9. Protection of Lemondia

    1. Lemondia has invested significant effort and resources in the development of the Platform and any other software, features, functions, design, copyright of any kind, information and other materials made available by the Participants ("Intellectual Property"). Lemondia hereby grants the Participant the right to use the Intellectual Property solely for the purpose of performing the Agreement on a non-exclusive basis.
    2. The Participant acknowledges and agrees that all Intellectual Property remains the exclusive property of Lemondia and at no time shall it acquire any rights other than those expressly granted to the Participant in the Agreement, unless Lemondia gives its prior written consent. Similarly, the Participant may not use for itself or a third party or make available the Intellectual Property to a third party without the prior consent of Lemondia.
    3. Lemondia declares that the Intellectual Property does not infringe any intellectual property rights of third parties.
    4. Provisions on intellectual property rights are valid indefinitely.
    5. The Participant undertakes to take measures to prevent any disruption to the operation of the Platform and to ensure that its functionality remains unrestricted. If Lemondia suspects or has reason to believe that the integrity of the Platform could be threatened as a result of the Participant's behavior, Lemondia has the right to limit or suspend the Participant's access to the Account. Lemondia will immediately inform the Participant about this step and the Contracting Parties will start negotiations to restore the status that will respect the Contract.
  10. Statement, responsibility

    1. The Participant is an entrepreneur within the meaning of § 420 of the Civil Code, who is interested in regularly using Lemondia services and offering Services on the Platform to Customers.
    2. The Participant declares and guarantees that during the term of the Agreement (i) it has all the necessary authorizations, permits, registrations and licenses to provide the Services according to applicable legal regulations, (ii) it is authorized to provide (sub)licenses to Lemondia in accordance with the Agreement, and (iii) ) is duly registered with all relevant tax authorities.
    3. Lemondia does not guarantee the functionality of the Platform 100% of the time. The Platform is provided as is ("as is") and without any guarantees. Lemondia is liable for damage caused to the Participant only if it was caused intentionally or through gross negligence. In all other cases, Lemondia's liability for damage is excluded. The maximum amount of damage or injury for which Lemondia is liable to the Participant is limited to the amount of the Commission received from the Participant during the four (4) months immediately preceding the date of the event that gave rise to the claim, but up to a maximum of CZK 50,000. The existence of more than one claim does not increase this limit.
  11. Obligation of confidentiality and confidential information

    1. The contractual parties are obliged to maintain the confidentiality of confidential information ("Confidential Information"), while they may use it exclusively for the purpose of fulfilling their obligations under the Agreement and may not distribute, provide and make it available to third parties or use it for themselves or for other persons in violation of the purpose for which they were provided.
    2. The contracting parties will provide mutual cooperation in the provision of Confidential Information for the purposes of fulfilling the Agreement and at the same time undertake to use all available care, at least to the extent that they devote to the protection of their Confidential Information.
    3. The contracting parties have agreed that Confidential Information is, in particular, but not exclusively, information that:

      • relate to the content of the Agreement, business and pricing policy, marketing and other strategies,
      • relate to the business of the other Contracting Party, including work, management or other procedures, methodologies and procedures and technological solutions,
      • the Contracting Party learns during the exercise of rights and obligations under the Contract, which can reasonably be assumed to remain confidential, and or
      • other information that the Contracting Party designates as confidential.
    4. Paragraph 11.1. The General Terms and Conditions do not apply:

      • when a Contracting Party proves that the Confidential Information was publicly accessible without having become publicly accessible through an act or omission of that Contracting Party,
      • when the Contracting Party obtained the Confidential Information in a lawful manner, had it at its disposal or possessed it before signing the Contract,
      • when the Confidential Information is the result of independent action of the Contracting Party or has been provided to it by rights and by a third party, which the Contracting Party is able to prove in a credible manner, or
      • when disclosure of Confidential Information is required by law, in such a case the Contracting Party is obliged to use all reasonable means, in accordance with the law, to refuse or limit its disclosure, as long as this does not endanger this Contracting Party in its legal position, the operation of the business, does not cause service failure and does not expose the Contracting Party to the risk of criminal, misdemeanor or administrative sanctions. If possible, the Contracting Party is obliged to inform the other Contracting Party about the relevant circumstances before providing Confidential Information, and if this is not objectively possible, it must do so immediately after the circumstances allow it.
    5. Confidential information may be provided by any Contracting Party only with the prior written consent of the other Contracting Party and on the condition that the third party undertakes to protect the 

      Confidential Information at least to the same extent as it is obliged to do so and documents this fact.

    6. The Contracting Parties may make Confidential Information available only to persons for whom it is necessary to fulfill the obligations arising from the Contract.
    7. On the basis of a written request, any Contracting Party is obliged to immediately return to the other Contracting Party all documents, materials and their contents received in connection with the fulfillment of obligations under the Contract, or to destroy or delete them, when it is not possible to return them, and to document this fact to the other Contracting Party.
    8. If the Participant violates its obligations regarding the protection of Confidential Information according to this article, Lemondia is entitled to demand from the Participant a contractual fine of CZK 250,000 (in words: two hundred and fifty thousand Czech crowns) for each individual violation, while the right to compensation for damages is not affected by this.
    9. A contracting party that violates its obligations under this Article 11 is obliged to:

      • compensate the other Contracting Party for damages in full, including the costs associated with preventing such damages, and
      • issue unjustified enrichment to the other Contracting Party, if it arose in connection with such breach of obligations.
    10. The obligation of confidentiality continues even after the termination of the Agreement, for a period of two (2) years from the date of its termination.
  12. Damages

    1. The Participant undertakes to act in the performance of the Agreement in such a way as not to cause damage or other harm to Lemondia, in particular not to damage the good name of Lemondia in relation to third parties.
    2. The Participant is obliged to compensate Lemondia for damage arising from all claims of third parties, including state administration authorities, especially in relation to the provision of Services and non-fulfillment of legal requirements in the country in question, or if the provision of Services violates the rights of third parties, in particular intellectual property rights and standards relating to unfair competition and consumer protection laws.
    3. If the Participant violates his obligations under the Agreement, he is obliged to compensate Lemondia for the damage caused by such a breach, including the damage that Lemondia incurred during the substitute performance of the Agreement for the Participant and indirect damage, lost profit or damage to Lemondia's reputation.
  13. Delivery

    1. Any action to be taken in writing under the Agreement must be delivered in physical or electronic form (through the Platform, by e-mail to the e-mail addresses listed in the Account).
    2. The shipment is considered delivered on the day of: (i) its acceptance by the other Contracting Party, (ii) the proper sending of an e-mail to the other Contracting Party, (iii) the expiration of three (3) working days from the date of delivery of the registered shipment to the postal service operator, or (iv) ) by thwarting or refusing delivery. If, according to the above rules, more than one day is considered the day of delivery, the earlier one is required as the day of delivery.
    3. Each Contracting Party undertakes to inform the other Contracting Party of all changes in identification and contact data without undue delay. Violation of this obligation may result in failure of delivery according to paragraph 13.2. GTC
  14. Duration and termination of the Agreement, interruption

    1. The contract is concluded for an indefinite period.
    2. The contract may be terminated:

      • 14.2.1 by mutual agreement of the Contracting Parties,
      • 14.2.2 by termination of any Contracting Party without giving a reason. The notice period is one (1) month and begins to run on the first calendar day following the month in which the notice was delivered to the other Contracting Party,
      • 14.2.3 by the immediate withdrawal of the Contracting Party in the event of breach of contractual obligation and failure to remedy within fifteen (15) days after delivery of a written notice of the breach or in case of repeated breach of contractual obligation, the breach of which the Contracting Party has already been warned in writing at least once in the past.
    3. Termination of the Agreement must be in writing.
    4. In case of withdrawal from the Agreement, the withdrawal is effective at the moment of delivery of the written notice of withdrawal to the other Contracting Party and has effects for the future according to § 2004, paragraph 3 of the Civil Code.
    5. During the notice period according to paragraph 14.2.2. According to the General Terms and Conditions, the Contracting Parties are obliged to fulfill their obligations under the Contract.
    6. The termination of this Agreement does not terminate the obligations and claims of the Contracting Parties, which according to generally binding legal regulations and this Agreement should last even after the termination of this Agreement. For the avoidance of doubt, they are such of the names of the rights and obligations arising from Article 7 (complaints, complaints), Article 11 (confidentiality), monetary claims, claims for damages and other obligations and claims which by their nature do not expire with the termination of the Agreement.
    7. The Participant is obliged to settle the Orders placed by the Customers before the termination of the Agreement.
    8. The Participant acknowledges that in the event of termination of the Agreement, all information entered on the Platform or Account by the Participant or Lemondia may be deleted.
    9. In the event that the Participant violates any of its obligations arising from the Agreement, including the General Terms and Conditions, or legal regulations, Lemondia may, upon meeting the conditions set out in Regulation (EU) 2019/1150 of the European Parliament and of the Council of June 20, 2019 on the promotion of fairness and transparency for business users of online intermediary services ("Regulations") also restrict access to the Account. Upon meeting the conditions set out in the Regulation, Lemondia may also restrict access to the Account in the event that: (i) the Participant does not meet the technical conditions for using the service, (ii) in the event that the Participant provides inaccurate or false information on the Platform, or (iii) that a reasonable fear that the Participant will not be able or willing to pay its future monetary obligations to Lemondia.
  15. Information according to the Regulation

    1. In particular, Lemondia uses the following additional distribution channels and potential affiliate programs through which it markets the Services offered by the Participant: PPC advertising systems operated by third parties, online display advertising, social networks operated by third parties and e-mailing.
    2. The effects of the General Terms and Conditions on the intellectual property rights of the Participant and its control over these rights are governed by paragraph 2.7. and Article 5 of the GTC. The right to exercise property copyrights to the made available works is not affected by the Agreement.
    3. The following is decisive for determining the order of offers within the catalog of Services on the Platform: Lemondia does not offer the possibility of influencing the order of product offers for direct payment within the service.
    4. Lemondia does not offer consumers any additional goods or services within the meaning of Article 6 of the Regulation.
    5. Lemondia does not offer through the Platform such services as those offered by the Participant, and thus there is no differential treatment within the meaning of Article 7 of the Regulation.
    6. Considering the nature of the service, the Participant will not have access to the information provided or generated by the Participant, which is kept by Lemondia after the termination of the Agreement, with the exception of billing. Even with regard to the nature of the service, the Participant does not have access to any personal or other data that users provide for the purposes of using the service or that are generated during the provision of these services.
    7. Lemondia has access to personal or other data that Customers provide for the purpose of using the Platform or that is generated during its use. In particular, Lemondia has access to the contact and identification data of Customers who have subscribed to newsletters on the Website and access to information about the use of such data for marketing purposes. Lemondia obtains this data independently of its relationship with the Participant. This data is shared with third parties, as it is necessary for the provision of marketing services by these persons to the operators. Furthermore, Lemondia has access to data that Customers provide as part of ordering the Supplier's Services, while access to this data is governed by the Personal Data Protection Policy. The Participant has access to his/her identification data, which he/she has saved in the Account on the Platform, and also has access to the statistics for billing the service within the Platform.
    8. Lemondia does not restrict the possibility of the Participant to offer the same Services to consumers (Customers) under different conditions by means other than through the Platform, with the exception of the obligation according to paragraph 3.3. GTC
  16. Further arrangements

    1. The Participant is not entitled to unilaterally set off claims for Lemondia except in specific cases specified in the Contract or by agreement of the Contracting Parties.
    2. The Contracting Parties are not entitled to assign or transfer rights and obligations from the Contract or the entire Contract to a third party without the written consent of the other Contracting Party.
    3. The contracting parties exclude the use of § 557, § 1740 paragraph 3, § 1978 paragraph 2 and § 2157 of the Civil Code. The contracting parties confirm that they are entrepreneurs and conclude the Agreement for business purposes, and for this reason exclude the application of § 1793 to § 1795 of the Civil Code or § 1796 of the Civil Code.
    4. The contracting parties assume the risk of a change in circumstances according to § 1765 of the Civil Code.
    5. Lemondia is entitled at any time during the duration of the Agreement to ask the Participant for a certificate of debt-free status, which shall not be older than one (1) month, especially if there are reasonable doubts about the duration of the Participant's debt-free status. If it is not provided, Lemondia may suspend cooperation with the Participant, including reimbursement of any financial payments in favor of the Participant.
    6. In the event that the Participant becomes an unreliable payer within the meaning of Act No. 235/2004 Coll., on value added tax ("VAT Act"), the Participant shall inform Lemondia of this within three (3) days from the date on which this was learned as fact. At the same time, the Participant is obliged to provide Lemondia with payment details for an account maintained by a payment service provider in the Czech Republic and published by the tax administrator in accordance with § 109 of the VAT Act. In such a case, Lemondia reserves the right to proceed in accordance with §109a of the VAT Act and, at its own discretion, to pay VAT for taxable transactions to the tax administrator on behalf of the Participant. Lemondia will offset this payment against any other claim of the Participant. The moment of payment is considered to be the moment when the relevant VAT amount is debited from the Lemondia account to the account of the tax administrator.
    7. The rights and obligations listed in Article 16.6. The General Terms and Conditions also apply to the case where proceedings are initiated against the Participant to include him among unreliable payers.
    8. In the event that Lemondia is obliged to pay the VAT due on behalf of the Participant and Lemondia pays it, the Participant is obliged to compensate Lemondia for all costs incurred thereby, within three (3) days from the day Lemondia asks the Participant to pay.
    9. Art. 16.6. until 16.8. are applied appropriately even if the VAT Act does not apply between the Contracting Parties.
  17. No circumvention

    1. The Participant acknowledges and agrees that the Commission is payable when the Customer orders the Participant's Services. The Participant agrees not to circumvent the Lemondia booking process in order to not pay the Commission. In connection with this, the Participant may not:

      • suggest, solicit or encourage Customers to make a booking outside of the Platform.
      • accept any bookings or orders from guests identified through the Platform outside of the Lemondia booking process.
      • invoice the Customer for any number of Services that have not been pre-approved and included in the Order on the Platform.
      • use contact information obtained from the Platform or from any Customer for any reason other than for communications related to an Order on Lemondia.
      • enter into any agreement with the Customer that circumvents Lemondia's right to a commission.
    2. Violation of this Article 17 constitutes a material breach of these Terms, and Lemondia reserves the right to terminate access to the Platform by the Participant in case of violation. In the event that, as a result of a violation of this provision, an order or other contract was concluded between the Participant and the Customer, Lemondia is entitled to payment of the Commission in the same amount as if the Services had been ordered through the Platform.
    3. Lemondia reserves the right to carry out so-called mystery shopping as part of its activities. In situations where the Customer's Services have not been ordered by the Customer, Lemondia will actively inquire with the Customers concerned to determine the reasons for such a decision.
  18. Personal data of Customers

    1. The Participant is entitled to process the personal data of the Customers ("Personal Data of the Customers") as an independent administrator of personal data for the purpose of fulfilling the contract with the Customer. Lemondia will provide Interested Customers' Personal Data through the Platform.
    2. Lemondia processes certain Personal Data of Customers as a separate controller. Further information is available in the current Policy for the processing of personal data of customers, the current version of which is always accessible on the Platform.
    3. The Participant is obliged to secure the Personal Data of the Customers with appropriate security measures to prevent accidental or unauthorized loss, change, disclosure or access to the Personal Data of the Customers. These measures include:

      • limiting access to authorized employees only,
      • handling of Personal Data of Customers in designated secure areas,
      • keeping records and documentation of violations,
      • determination of user authorizations,
      • logging access for liability purposes,
      • ensuring continuous training of authorized employees,
      • implementation of appropriate pseudonymization and encryption,
      • measures to restore the availability of Personal Data of Customers,
      • prevention of unauthorized handling of Personal Data of Customers, a
      • regular testing and evaluation of security measures.
    4. The Participant is obliged to ensure that all third parties participating in the processing of the Personal Data of Customers comply with the specified security measures.
    5. Provisions on the protection of Personal Data of Customers are valid indefinitely.
  19. Final Arrangements

    1. In accordance with the provision of § 1752 of the Civil Code, the Contracting Parties agree that Lemondia can unilaterally change these GTC, whereby Lemondia informs the Participant about these changes via the Platform or by e-mail, at least fifteen (15) days before the amended GTC take effect, including their attachments.
    2. The Participant has the right to reject the changes made to the General Terms and Conditions. For this reason, it also has the right to terminate the Agreement, at the latest until the new General Terms and Conditions take effect. In this case, the contract is terminated on the effective date of the new GTC.
    3. If the Participant does not terminate the Agreement within the relevant period, it is considered that he accepts the changes to the General Terms and Conditions.
    4. All legal relations between Lemondia and the Customer arising from the Agreement or in connection with it are governed by the legal order of the Czech Republic with the express exclusion of conflict of laws rules that would limit or exclude the application of the legal order of the Czech Republic. Any disputes arising from relations arising from the Agreement or in connection with it, the Contracting Parties undertake to settle amicably and only subsequently through the relevant courts of the Czech Republic.
    5. Waiver of any right or waiver of any obligation arising from the Agreement in an individual case does not constitute a presumption of waiver of right or waiver of obligation in relation to identical or similar cases. Waiver or waiver must be expressed in writing for each individual case.
    6. Their appendices are an integral part of the General Terms and Conditions:

      Appendix No. 1 - Lemondia Commission Price List

      Lemondia shall receive a commission of 15% of the total value of the order.

Effective from 1/1/2024

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