TERMS AND CONDITIONS

1.1.The Operator operates an advertising portal (hereinafter referred to as the "Portal") on the website www.bezkempu.cz (hereinafter referred to as the "Website"), through which it enables third parties (hereinafter referred to as "Providers") to publish offers to provide their services to other persons (hereinafter referred to as "Interested Parties"), and through which it enables Interested Parties to respond to the offer of services by Providers. Providers and Interested Parties are collectively referred to as "Users". Through the Portal, Providers and Interested Parties can also legally act, in particular conclude contracts for the provision of services (hereinafter referred to as "Intermediated Contract") and make payment of remuneration for services provided. In addition to the Website, the Portal is also accessible through the Operator's mobile application called "BezKempu", which is intended for devices with the "Android" operating system of Google LLC, headquartered at 1600 Amphitheatre Parkway, California, United States and for devices with the iOS operating system of Apple Inc., headquartered at 1 Infinite Loop Cupertino, California, United States (hereinafter referred to as the "Mobile Application").

1.2.These terms and conditions (hereinafter referred to as the "Terms and Conditions") regulate, in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations between the Operator and Users arising from the user account agreement, on the basis of which the Operator establishes a user account for the User and provides other related Portal services (hereinafter referred to as the "User Account Agreement" and "Extended Portal Services").

1.3.The User Account Agreement, including the Terms and Conditions, is prepared in the Czech language and can be concluded in the Czech language.

1.4.These Terms and Conditions, including all their annexes, form an integral part of the User Account Agreement (see Article 3) and any other agreement that refers to these Terms and Conditions.

2.1.The following terms used in these Terms and Conditions have the following meanings:

3.1.The proposal to conclude a User Account Agreement is made by the User by filling in the data in the form on the Website and/or in the Mobile Application (including entering a unique code sent to the User via SMS to the phone number that the User provided during the registration process) and sending these data to the Operator by clicking on the "Save" button (hereinafter referred to as the "Proposal to conclude a User Account Agreement"), which expresses and confirms the User's will to conclude a User Account Agreement. Before sending the Proposal to conclude a User Account Agreement to the Operator, the User is allowed to check and change the data he provided in the registration form, taking into account the User's ability to correct errors that occurred when entering data.

3.2.Following the delivery of the proposal to conclude the agreement to the Operator, the Operator will send to the email address provided by the User during the registration process (Article 3.1) an acceptance of the proposal to conclude the User Account Agreement (hereinafter referred to as "Acceptance"). Upon delivery of the Acceptance to the User, the User Account Agreement is concluded. The User acknowledges that the Operator is not obliged to conclude a User Account Agreement, especially with persons who have previously materially breached the User Account Agreement (including the Terms and Conditions and their annexes).

3.3.On the basis of the User Account Agreement, the Operator establishes a User Account for the User (Article 4) and provides related Extended Portal Services (Article 5).

3.4.On the basis of the User Account Agreement, the User undertakes to pay the Operator a Fee specified in these Terms and Conditions (Article 9) for providing the User Account and Extended Portal Services. The User further undertakes to comply with the obligations set out in these Terms and Conditions (including their annexes).

3.5.As part of registration on the Portal (on the Website and/or in the Mobile Application), the User is obliged to provide all data correctly and truthfully. The User is obliged to update the data provided in connection with the User in the User Account in case of any change. The data provided by the User in the User Account is considered correct by the Operator.

3.6.Each User may have only one User Account Agreement concluded with the Operator, or only one User Account created. The User is not authorized to allow third parties to use the User Account.

3.7.Information regarding the functionality of digital content and regarding the possibility of digital content to function together with technical and software equipment that is usually used with digital content of the same type, without the need to convert it (compatibility), or with technical and software equipment other than that usually used with digital content of the same type (interoperability), which are known to the provider or which can reasonably be expected to be known to him, can be found here.

3.8.During the term of the User Account Agreement, the Operator may change the digital content, and such change will be announced to the User in a clear and comprehensible manner and the User will not incur additional costs as a result of the change. The reasons for such changes are primarily ongoing legislative changes that have an impact on the content of services under the User Account Agreement and adaptation of content to the needs of Users (Interested Parties and Providers).

3.9.The User agrees that the Operator may start performing the User Account Agreement immediately after its conclusion, even before the expiry of the statutory period for withdrawal from the agreement. The User acknowledges that by expressing consent according to the previous sentence, he loses the right to withdraw from the User Account Agreement that will be fulfilled by the Operator before the expiry of the statutory period for withdrawal from the agreement.

3.10.The User agrees to the use of means of distance communication when concluding the User Account Agreement, as well as contracts concluded through the User Account (especially Intermediated Contracts). The costs incurred by the User when using means of distance communication in connection with the conclusion of contracts according to the previous sentence (e.g. costs of internet connection) are borne by the User himself, and they do not differ from the basic rate.

4.1.On the basis of the concluded User Account Agreement, the User can in particular access his User Account.

4.2.From his User Account, the User can in particular manage his data, insert and remove information about himself and other information or documents (including evaluation of Services according to Article 11), manage this information and make legal acts towards the Operator.

4.3.The User must not store or distribute information or other documents in the Portal whose content is in conflict with:

4.4.Access to the User Account is secured by a username (email address) and password. The User is obliged to maintain confidentiality regarding information necessary to access his User Account and acknowledges that the Operator is not responsible for the breach of this obligation by the User, nor for unauthorized use of the User Account by a third party due to the breach of this obligation.

4.5.Without the termination of the User Account Agreement, the Operator may block or cancel the User Account in whole or in part, i.e. prevent him from using the User Account and/or Extended Portal Services (Article 5), including taking restrictive measures (e.g. restricting visibility or removing the offer of Services, photos, texts or other content stored or shared by the User), in case the User:

4.6.The Operator will provide the User, whose User Account has been blocked or cancelled in whole or in part by the Operator according to Article 4.5 of the Terms and Conditions, at the latest at the moment when the blocking or cancellation of the User Account becomes effective, on a durable medium the justification of this decision. In cases specified in Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter referred to as "Regulation 2019/1150"), the Operator will provide this notice to the Provider at least 30 days before the blocking becomes effective. The Operator will enable the Provider to comment on the blocking of the User Account, using the procedure according to Article 16.10 of these Terms and Conditions.

4.7.The User acknowledges and agrees that the operation of the Website and/or Mobile Application, including the operation of the User Account, may not be ensured by the Operator continuously, but that there may be outages in operation, especially due to technical difficulties of the Operator. Access to the Website and/or to the Mobile Application may also not be ensured in case it is prevented by difficulties on the part of the User or on the part of other persons or due to force majeure, e.g. in case the User's internet browser does not support the Website format, in case of a data network outage, etc.

4.8.The operation of the Website and/or Mobile Application, including the operation of the User Account and provision of Extended Portal Services, may also be ensured by the Operator through third parties.

5.1.On the basis of the concluded User Account Agreement, the Provider can also offer his Services through his User Account for the purpose of concluding the relevant Intermediated Contract with the Interested Party and withdraw these offers; in this connection, the Provider may in particular publish detailed information, photo documentation and other documents about the offered Services within the Portal. Additional conditions for offering Services may be set out in the relevant Product Terms, which are contained in Annex No. 5, Annex No. 6 and Annex No. 7 of these Terms and Conditions. In this connection, the Provider declares and undertakes that:

5.2.On the basis of the concluded User Account Agreement, the Provider can also make legal acts towards the Interested Party through his User Account and the Interested Party can make legal acts towards the Provider, in particular conclude Intermediated Contracts. For the avoidance of doubt, the Operator only provides Users with a technical solution for making legal acts towards other Users (especially for concluding an Intermediated Contract) within this functionality of the User Account (Portal). In this connection, the User in particular acknowledges and agrees that:

6.1.Individual Services are always provided by the relevant Provider, who is clearly and visibly marked on the Portal as the service provider. The Operator itself does not provide any Services.

6.2.The conclusion of Intermediated Contracts, including agreements on their specific terms and content, as well as the fulfillment of obligations under these contracts, is entirely within the competence of individual Users (Interested Party and Provider). Users have the opportunity to determine the content of individual Intermediated Contracts within the offer of Services and within their actions within the Portal. In this connection, the User in particular acknowledges and agrees that:

6.3.In case the Provider and Interested Party conclude an Intermediated Contract, the detailed terms and content of this contract will be agreed between the Provider and Interested Party; however, the Intermediated Contract must always contain at least the basic conditions contained in Annex No. 1 of these Terms and Conditions; this is without prejudice to the provisions of Article 6.2 of these Terms and Conditions.

6.4.The agreed Remuneration for the provided Services will be paid by the Interested Party to the Provider through the Operator, using the payment gateway operated by a third party, Payaut B.V., with registered office at Backershagen 99A, 1082 GT, Amsterdam, Netherlands, ID No. 75292289 (hereinafter referred to as "Payout B.V") (Article 2.2 of Annex No. 1 of these Terms and Conditions).

6.5.The Remuneration (including any Cancellation Fee) for the provided Services will be paid to the Provider through the Operator, using the payment gateway of Payout B.V (as a payment service provider), under the following conditions:

6.6.The Provider is obliged to provide the Operator and Payout B.V. with all cooperation necessary to perform proper identification and control of the Provider according to generally binding legal regulations in the field of AML/CFT, including Act No. 253/2008 Coll., as amended. In particular, the Provider is obliged to provide on request all information and documents specified in Annex No. 4 of these Terms and Conditions.

6.7.The Provider acknowledges that the Remuneration may not be paid to him in case its payment would be in conflict with generally binding legal regulations, especially in case:

In case of procedure according to this Article 6.7 of the Terms and Conditions, the Remuneration (reduced by the Fee paid by the Interested Party according to Article 2 of the Price List) will be returned to the Interested Party.

7.1. If enabled within the Portal, the Intermediated Agreement may be concluded in the following ways, with the method of concluding the agreement being specified for each offered Service (the method is chosen by the Provider when offering the Service within the Portal).

7.2. The Operator informs the affected Users about the conclusion of the Intermediated Agreement to the email address specified in their User Account. This email will include, in particular, the identification number of the relevant Intermediated Agreement (hereinafter referred to as "Contract ID"). Information about the conclusion of the Intermediated Agreement is also available directly in the User Account.

8.1. The Applicant is obliged to provide the Contract ID upon request from the Provider or other authorized person (e.g., Provider's representative, etc.).

8.2. The Applicant is obliged to behave decently and considerately during the provision of Services (especially when staying on Plots and Accommodation facilities and when using Vehicles) so as not to cause damage to the Plot, Accommodation facility, Vehicle, or other related items. The Applicant is obliged to maintain order and cleanliness on the Plot, in the Accommodation facility, and in the Vehicle.

8.3. The Applicant is obliged to comply with the rules established by the Provider during the provision of Services (especially when staying on Plots and Accommodation facilities and when using Vehicles).

8.4. The Provider is obliged to independently pay all taxes and fees (especially local fees, etc.) that they are required to pay in accordance with legal or other regulations in connection with the provision of Services.

8.5. The Provider is obliged to independently fulfill all other obligations established by generally binding legal regulations in relation to the provision of Services, especially (if relevant):

8.6. The Provider is obliged to provide the offered Services properly in accordance with the conditions agreed in the relevant Intermediated Agreement, in particular, they are obliged to enable the Applicant undisturbed use of the Plot, Vehicle, or Accommodation facility, in accordance with the conditions of the relevant Intermediated Agreement.

8.7. The User undertakes that for at least one (1) month from the date when a proposal to conclude the Intermediated Agreement was made or from its conclusion (whichever occurs later), they will not enter into negotiations with the other contracting party to conclude an agreement with the same or similar content as the Intermediated Agreement, nor will they conclude such an agreement with the other contracting party. The obligation according to this article applies to the entire territory of the European Union, especially to the Czech Republic. A breach of this obligation does not occur if the User concludes an agreement through the Portal.

9.1. For the Extended Portal Services provided (Art. 5), the User undertakes to pay the Operator a Fee in the amount specified in the Price List, which forms Annex No. 2 of these Terms and Conditions.

9.2. The Operator's Fee according to this Article 9 includes value added tax (VAT).

10.1. If, as part of the services under the User Account Agreement, the User stores or distributes information (intangible assets) that are subject to protection by one of the intellectual property rights (including copyright) or the right to protection of personality, especially photographs of the Plot, Vehicle, or Accommodation facility (hereinafter referred to as "Protected Work"), the User, by storing or distributing the Protected Work as part of the services under the User Account Agreement, grants the Operator free of charge the right to exercise the right to use the Protected Work (license), under the conditions set out below.

10.2. The license to the Protected Work is granted for all methods of use (including communication of the Protected Work to the public via the Internet), in unlimited quantitative and territorial scope. The Operator may grant the authorization forming part of the license to the Protected Work in whole or in part to a third party (grant sublicenses). The Operator is entitled to transfer the license to the Protected Work to a third party. The Operator acquires the license to the Protected Work at the moment of its storage or distribution as part of the services under the User Account Agreement. The license to the Protected Work is granted without time limitation, from the moment of storage or distribution of the Protected Work as part of the services under the User Account Agreement. The Operator is not obliged to use the license to the Protected Work.

10.3. The Operator is entitled to modifications, changes, or processing of the Protected Work, to include it in a collection, and to combine it with another work (or computer program), and modifications, changes, or processing of the Protected Work may also be made through third parties. In case of changes to the Protected Work made by the Operator (third parties authorized by the Operator), the Operator is granted a license to the Protected Work as modified. The Operator is entitled to make the Protected Work public under its business name. If it is an unpublished Protected Work, the Operator is entitled to publish it.

10.4. The provisions of Art. 10.1 to Art. 10.3 of the Terms and Conditions shall apply mutatis mutandis with regard to the Operator's authorization also in cases where the content uploaded by the User is not subject to copyright protection.

11.1. In order to improve the quality of services provided, individual Users may rate the offered Services or other Users. Detailed rules for rating are set out on the Website.

12.1. The provisions of this Art. 12 of these Terms and Conditions shall apply to relations between the Operator and a User who is a consumer.

12.2. The Operator does not require payment of a deposit or other similar payment.

12.3. The Operator is not bound by any codes of conduct in relation to the User within the meaning of the provisions of § 1820 para. 1 letter n) of the Civil Code.

12.4. Out-of-court handling of User complaints is ensured via email. Complaints may be sent to the provider's email address (Art. 19.9). Information on the handling of the User's complaint will be sent by the Operator to the User's email address specified in the User Account. No other complaint handling rules are established by the seller.

12.5. For out-of-court resolution of consumer disputes arising from the User Account Agreement, the Czech Trade Inspection Authority is competent, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Operator and the User arising from the User Account Agreement.

12.6. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

12.7. The User may turn to a supervisory or state control authority with a complaint. The Operator is authorized to conduct business based on a trade license. Trade inspection is carried out within its scope by the competent trade office. Supervision in the field of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises supervision, within a defined scope, inter alia, over compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as "the Consumer Protection Act").

12.8. Rights arising from defective performance by the Operator are governed by statutory provisions, especially provisions § 1914 to 1925 and § 2389g et seq. of the Civil Code and the Consumer Protection Act. The Operator is responsible to the User that the services under the User Account Agreement are without defects for the duration of the obligation under this agreement. If a defect manifests itself during the obligation under the User Account Agreement, it is up to the Operator to prove that the digital content is provided without defects. The User may point out a defect that manifests itself or occurs in the digital content during the obligation. The User may exercise their rights arising from the Operator's liability for defects in services under the User Account Agreement with the Operator, especially at the address of their registered office or by email to the Operator's contact address (Art. 19.9). Anyone who has a right arising from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. If, however, the User does not claim compensation within one month after the expiration of the period within which the defect must be pointed out, the court will not grant the right if the Operator objects that the right to compensation was not claimed in time.

12.9. In particular, the Operator is responsible to the User that the digital content:

12.10. The Operator is responsible to the User that, in addition to the agreed properties:

12.11. If the digital content has a defect, the User may request its removal, unless it is impossible or disproportionately costly; this shall be assessed especially with regard to the significance of the defect and the value that the digital content would have without the defect. The Operator will remove the defect within a reasonable time after it has been pointed out so as not to cause significant inconvenience to the User, taking into account the nature of the digital content and the purpose for which the User required it.

13.1. The Operator fulfills its information obligation within the meaning of Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR Regulation") through a separate document.

13.2. The User consents to the sending of information and commercial communications by the Operator related to services or the Operator's business (establishment) to the User's address specified in the User Account and to the sending of commercial communications from third parties to the User's address. The Operator fulfills its information obligation to the user within the meaning of Art. 13 of the GDPR Regulation related to the processing of user personal data for the purpose of sending commercial communications through a separate document.

13.3. The Operator fulfills its legal obligations related to the possible storage of cookies on the User's device through a separate document.

14.1. Unless it is a case where withdrawal from the agreement is not possible (especially Art. 3.9), the User who is a consumer is entitled to withdraw from the User Account Agreement within fourteen (14) days from its conclusion. For such withdrawal from the agreement, the User may use the model form provided by the Operator, which forms Annex No. 3 of the Terms and Conditions. If the User has decided to use Extended Portal Services, the User is obliged to pay a proportionate part of the Operator's remuneration in case of withdrawal from the agreement according to this article.

14.2. The User Account Agreement becomes effective upon conclusion and is concluded for an indefinite period.

14.3. The contracting parties are entitled to terminate the User Account Agreement at any time by written notice sent to the address of the other contracting party, even without stating a reason. The notice period is thirty (30) days from the delivery of the written notice to the other party.

14.4. The Operator may terminate the User Account Agreement if the User repeatedly breaches an obligation arising from the User Account Agreement (including the Terms and Conditions and data protection rules) or repeatedly breaches generally binding legal regulations, by notice sent to the User's email address specified in the User Account. Notice according to this article is effective on the day of its delivery to the User.

14.5. The User may terminate the effectiveness of the User Account Agreement at any time by a factual act consisting of deleting their User Account. The minimum duration of the User Account Agreement for services is therefore not established.

14.6. The User acknowledges that deletion of the User Account or termination of the User Account Agreement will result in the deletion of all information possibly stored by the User within the User Account and related services under the User Account Agreement.

14.7. The termination of the User Account Agreement does not affect those provisions of the User Account Agreement from which it follows that they should survive the effectiveness of this agreement (especially the execution of payments according to Art. 6.4 to 6.7 of the Terms and Conditions).

14.8. For the avoidance of doubt, the termination of the User Account Agreement does not affect the effectiveness of Intermediated Agreements concluded through the Portal before the termination of the User Account Agreement.

15.1. Unless otherwise agreed, all correspondence concerning legal acts related to the User Account Agreement must be delivered to the other contracting party in text form, by email. Delivery to the User is made to the User's address (email address specified in their User Account).

15.2. A message is delivered in the case of email delivery at the moment of its receipt on the incoming mail server.

16.1. The Operator uses in particular the following additional distribution channels and potential affiliate programs through which the Operator markets Services offered by the Applicant: PPC advertising systems operated by third parties, online display advertising, and social networks operated by third parties.

16.2. The impacts of the terms and conditions on Users' intellectual property rights and their control over these rights are governed by Art. 10 of the Terms and Conditions. The right to exercise property copyrights to Protected Works is not affected by the User Account Agreement.

16.3. For determining the order of Service offers within the Portal, the following factors are decisive:

16.4. The Operator does not offer consumers any additional goods or services within the meaning of Art. 6 of Regulation 2019/1150.

16.5. The Operator itself or any of the business users within the meaning of Regulation 2019/1150 controlled by the Operator does not offer through the Portal such services as offered by Providers (especially plot and vehicle rentals or accommodation services), and thus there is no differential treatment within the meaning of Art. 7 of Regulation 2019/1150.

16.6. The Operator does not retain access to information provided or generated by the Provider even after the termination of the User Account Agreement. All information stored by the Provider in the course of using services under the User Account Agreement is deleted upon termination of the User Account Agreement.

16.7. Users (Providers) have access only to their personal or other data that they provide for the purposes of using the Portal or that are generated when providing services under the User Account Agreement (especially their identification data and data concerning offered Services); Providers have access to this data through their User Account for the entire duration of the User Account Agreement. Providers also have access to information provided by Applicants that is necessary for the purposes of concluding the Intermediated Agreement, especially information about the name and surname of the applicant or the designation of the Applicant, the date of birth of the Applicant or the Applicant's identification number, and the Applicant's contact details.

16.8. The Operator has access to personal or other data that Providers or Applicants provide for the purposes of using the Portal or that are generated when providing services under the User Account Agreement. The Operator obtains this data independently of its relationship with the Provider. Furthermore, the Operator has access to data entered by Applicants related to orders for Services made by Applicants from the Provider through the Portal.

16.9. The Operator does not restrict the possibility for Providers to offer the same services to consumers under different conditions by means other than through the Platform and related services under the User Account Agreement, with the exception of restrictions according to Art. 8.7 of these Terms and Conditions and restrictions according to Art. 2.3.1 of Product Terms for Plot Rental (Annex No. 5 of these Terms and Conditions). The reason for the restriction according to Article 8.7 of the Terms and Conditions and Art. 2.3.1 of the Product Terms for Plot Rental is to ensure the protection of the Operator.

16.10. The Operator's free and easily accessible internal system for handling Provider complaints within the meaning of Art. 11 of Regulation 2019/1150 can be found at the internet address bezkempu.cz/stiznosti. At this internet address, information about access to the Operator's internal system for handling complaints and its functioning can also be found, and this information forms an integral part of these Terms and Conditions. Through the Operator's internal complaint handling system, the customer can submit complaints to the Operator concerning the following matters:

17.1. The contact point for authorities of member states, the commission, and the board within the meaning of Article 11 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter referred to as "DSA Regulation") is info@bezkempu.cz. Through this contact point, it is possible to communicate with the Operator in Czech and English.

17.2. The contact point for Users within the meaning of Art. 12 of the DSA Regulation is the email address specified in Art. 19.9 of these Terms and Conditions.

17.3. Information on policies, procedures, measures, and tools used by the Operator for the purpose of content moderation, including algorithm-based decision-making and human review, as well as on the rules of procedure in the Operator's internal complaint handling system within the meaning of Art. 12 of the DSA Regulation are contained especially in Art. 4.2, Art. 4.3, Art. 4.5, and Art. 5.1 of these Terms and Conditions; additional information may be further set out in the Product Terms and in a separate document of the Operator, which is available on the Website.

17.4. Persons and entities may notify the Operator of the occurrence of specific information within the Portal that the person or entity considers to be illegal content within the meaning of Art. 16 of the DSA Regulation through https://en.campu.eu/nahlasit-obsah.