General terms and conditions for providers (partners)
These general terms and conditions for providers apply to the promotion of providers and the use of other services of the provider via the web interface www.loslittles.com (hereinafter referred to as the "Web Interface") operated by our company
LosLittles, s.r.o., with registered office at 5. května 1058/19, Nusle, 140 00 Prague 4
ID: 21091846
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 396770
Delivery address: LosLittles, s.r.o., 5. května 1058/19, Nusle, 140 00 Praha 4
Telephone number: + 420 725 118 627
Contact e-mail: info@loslittles.com
1. INTRODUCTORY PROVISIONS
1.1 In these Terms and Conditions, certain terms defined below are used:
- Advertisement is the presentation of an offer or demand for performance through text, photographs or other means, which the advertiser wishes to publish on the web interface;
- advertising are advertisements, articles, discounts, promotions, advertising banners and other contributions placed on the web interface by an advertiser for the purpose of offering or requesting performance or other promotion;
- advertiser is any natural or legal person who has published an advertisement on the web interface in accordance with these terms and conditions;
- the Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended;
- terms and conditions are these General Terms and Conditions for Providers;
- advertising content means in particular all materials and information entered by the advertiser in connection with the use of the services on the web interface of the operator, in particular by placing an advertisement;
- Provided by is a natural or legal person who advertises its services through its advertisement on the web interface, i.e. accommodation or restaurant;
- operator is our company LosLittles, s.r.o., with registered office at 5. května 1058/19, Nusle, 140 00 Praha 4, ID No.: 21091846, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 396770
- operator services (or just "Services") are the services provided by the operator through the web interface. These are mainly promotional and advertising services and other services listed on the web interface;
- contract means any contract for the provision of the Operator's services concluded between the Operator and the Provider in accordance with these Terms and Conditions;
- by a third party is any entity other than the operator, provider and user;
- by is any natural or legal person who registers on the web interface, i.e. creates a user account on it in order to use the services of the operator.
1.2 The Operator provides promotional, advertising and other services for the Provider on its web interface. These services consist primarily of creating a presentation on the web interface for the provider, answering questions from users and providers, placing advertisements, providing reviews and other services currently offered by the operator according to the web interface.
1.3 The Terms and Conditions define and specify the basic rights and obligations of the Operator and the Provider when promoting the Provider's services.
1.4 In addition to the basic presentation, providers have the possibility to publish on the website their own commercial information, current food and beverage menu, information about ongoing events and specialties. They can also request advertising promotion on the operator's website. These services are optional and may be subject to a fee.
1.5 The information about the provider may be updated on the website of the operator at any time without the consent of the provider, provided that the change is up-to-date on the website of the facility.
1.6 The provisions of the Terms and Conditions are an integral part of the contractual relations between the Operator and the Provider. Provisions deviating from the Terms and Conditions may be agreed in the contract concluded between the Operator and the Provider in accordance with these Terms and Conditions. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.
1.7 The rights and obligations of the parties are further governed by the Web Interface Terms of Use and the terms and conditions and instructions set out on the Web Interface. In matters not covered herein, the relationship between the Operator and the Provider shall be governed by the law, in particular the Civil Code.
1.8 By registering on the web interface and by sending an order for the operator's services, the provider confirms that he has read and agrees to these terms and conditions.
2. REGISTRATION
2.1 Registration of the accommodation or restaurant is free of charge for the provider.
2.2 The application for registration of accommodation and restaurant facilities can be sent by filling in the web form or to the contact email address indicated on the web interface. The form must be completed with the name of the accommodation or restaurant establishment, contact details (in particular the name of the entrepreneur or company name and email address), the registration number, the name of the establishment's website and a photograph. The Provider confirms that the person registering the Provider is a person authorised and empowered to act on behalf of the Provider, i.e. the accommodation or restaurant.
2.3 After completing all required information and agreeing to these Terms and Conditions, a confirmation email will be sent to the Provider confirming acceptance of the registration. Along with the confirmation, an attachment with the Terms and Conditions and Privacy Policy is sent.
2.4 The management and updating of the content of advertising of accommodation and restaurant establishments is carried out only by the operator.
2.5 The information provided at registration must be true and complete. The operator may cancel the registration of an accommodation or restaurant establishment that has been established using false or incomplete information without refund.. In the event of changes to the provider's data, they must be modified without delay by contacting the operator via the email address provided on the web interface.
2.6 The Operator shall also have the right to cancel the registration of the accommodation or restaurant without compensation if it violates these Terms and Conditions, the laws of the Czech Republic or good morals.
2.7 The protection of personal data in connection with registration is regulated in the Terms of Use of the web interface.
3. ADVERTISING AND PROMOTION CONDITIONS
3.1 The Provider may include in the selection of accommodation and restaurant facilities (hereinafter referred to as "selection") advertising that meets the following conditions:
- offers play areas for children;
- is suitable for children;
- offers benefits or discounts for children and;
- is approved by the operator.
3.2 An advertisement may be published on the web interface by the provider who has agreed to these terms and conditions by filling in the web form. The form must be filled in with all the data marked as mandatory. The advertisement will be published once the operator has approved it and completed all the data.
3.3 Advertising should always be up-to-date. Therefore, the Provider undertakes to notify the Operator of any changes to the information contained in the advertisement (in particular the terms and conditions for the provision of the offered performance) in order to be able to modify or remove the advertisement.
3.4. The advertisements published must be directly related to the focus of the web interface, i.e. must be hotel and restaurant establishments with facilities suitable for children.
3.5 Accommodation and restaurant facilities may be included in the selection process by the operator and subsequently evaluated. In such a case, the accommodation or restaurant provider will be contacted by the operator by e-mail and notified of this. The following terms and conditions will be included in the email to the provider. Even if the provider has previously agreed to the advertisement, the provider may ask the operator to delete the advertisement of the accommodation or restaurant at any time.
3.6 The advertisements may include photographs taken by the operator. These photographs are protected by the operator's copyright. Therefore, they may not be altered, copied, reproduced, distributed or used for any other purpose without the consent of the operator. In particular, the free or paid access to photographs placed on the web interface is prohibited.
3.7 The Operator reserves the right not to publish the advertisement or to remove the published advertisement if the advertisement:
- is not serious, sufficiently definite or understandable;
- does not match the focus of the web interface;
- may constitute abusive or restrictive conduct that is capable of causing injury to other entities, in particular in the form of misleading advertising, misleading designation of goods or services, creating a likelihood of confusion, trade dress, disparagement, prohibited comparative advertising, or other similar conduct;
- advertises, promotes, solicits customers or otherwise relates to:
(a) multilevel marketing and commission systems; or
(b) unauthorised reproduction, lending, hiring or selling of intellectual property rights.
- contains contact information for another person or data that may be considered personal data unless that person has given consent;
- annoys other users or prevents them from properly using the services of the operator;
- or in any other way violates the applicable legal regulations of the Czech Republic or good morals.
3.8 The Operator declares and is responsible for the fact that:
- is entitled to the performance that is the subject of the advertisement;
- complies with the legal requirements and these terms and conditions necessary for the publication of advertising;
- all information provided by you in completing the form is true, complete, accurate and correct;
- use of the Services is governed by applicable law and these Terms and Conditions.
3.9 The web interface allows users and third parties (especially those interested in the offered services) to contact the provider directly. The Provider undertakes not to act in such a way as to damage the reputation of the Provider when communicating with users and third parties. In the event of a breach of the obligation under the preceding sentence, the operator shall have the right to claim compensation from the provider for the damage incurred and shall also have the right to terminate the cooperation with the provider.
4. OPERATOR'S LIABILITY
4.1 The web interface serves only as a source of information about providers, users and their advertisements. The Operator is not an intermediary of the contract that users may enter into with providers and is not liable for any damage or harm caused to the provider by the user or third parties.
4.2 The Operator shall not be liable for any direct or indirect damage or harm, including loss of stored data, resulting from the use or inability to use the web interface. If, despite the above, the operator is found to be obliged to compensate for damage or injury, this obligation is limited only to the price of the operator's services in respect of which the damage occurred.
5. DURATION OF COOPERATION AND TERMINATION
5.1 The Provider's advertisement will be registered in the selection on the web interface for an indefinite period of time, otherwise until removed by either party.
5.2 The Provider is entitled to request the removal of its advertisement at any time via e-mail communication and thus terminate the cooperation with the Operator.
5.3 The Operator reserves the right to remove advertisements of providers that violate (or are suspected of violating) these Terms and Conditions, the laws of the Czech Republic or good morals. Furthermore, the operator is entitled to remove all advertisements of providers upon termination of the web interface.
5.4 The Operator further reserves the right to remove the accommodation or restaurant advertisement from the selection if:
a) the provider, i.e. the accommodation or restaurant, is closed; b) there has been a significant decline in the quality of services offered to children; c) there has been a significant change of concept or change of provider and the new premises are not targeted at children.
6. LICENSE AGREEMENT
6.1 How do we enter into a license agreement?                                                                                                                                             In order to enter into a contract, it is necessary for you to submit your photo, in particular in order for it to become part of selectionin accordance with these licence terms and to effect acceptance of the work by us.
6.2 How do I submit photos for selection?                                                                                                                                      You can always submit your photos via the web interface (by filling in the form and uploading the file in the required format) or in another way by mutual agreement of both parties. To submit a photo for selection, press the "Submit" button on the web interface. We consider the information provided in the form on the web interface to be correct and complete.
6.3 How do you know if we have accepted a photography proposal and when the contract is signed?                                                                                                        We will inform you about the acceptance of the photo by sending you an e-mail. The license agreement is concluded at the moment when you receive our acceptance of the photo at your e-mail address (indicated when you registered your user account). The documents constituting the agreement will be sent to you by email. We will store the documents constituting the contract in electronic form. The contract is not accessible to third parties.
6.4 When can we refuse to store your photos?                                                                                                                               We may reject your photography proposal and not enter into a contract at our discretion. In particular, we will reject photography proposals that may violate the legal regulations of the Czech Republic or the rights of third parties or that may damage our reputation.
7. LICENCE
7.1 What is a licence?
The license means our right to use the photo you upload to the web interface. We acquire this right when we enter into a license agreement through the web interface in accordance with Article 6.
7.2 To what extent do you grant us a licence?
Once you have granted us a licence, we have the right to use the photograph for the purposes of the web interface as set out in Article 1.2, i.e. for advertising, in particular promotion on the web interface. We therefore have the right to publish the photograph elsewhere on the web interface.
You grant us a license for marketing and advertising purposes.
We are entitled to edit and alter your photograph if necessary to achieve the purpose of the licence. We will inform you of any changes first. We are not entitled to make significant changes to the essential graphic elements of the photograph without your consent.
You grant us a non-exclusive license. This means that you may continue to use and dispose of your photograph in any way that does not conflict with our license. In particular, you represent that you will not grant another person an exclusive license to the photograph.
We are not obliged to use the licence.
7.3 How long do you grant us a licence for?
The licence is granted as an unlimited licence. However, you have the right to request the provider to terminate or cancel your provider profile in writing at any time. We will comply with such a request without undue delay.
7.4 What are your obligations in relation to a copyright work?
It is your responsibility to make sure that the photograph you are licensing to us does not and will not have any legal defects. This means that no rights in the copyright work are claimed by anyone other than you. You are therefore responsible for making sure that it is not plagiarised and that you have not granted an exclusive licence to a third party for the copyright work.
If you breach this obligation and any third party makes a claim against us for infringement of copyright, you agree to indemnify us in full.
8. FINAL PROVISIONS
8.1 If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
8.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective or inapplicable, the provision whose meaning is as close as possible to the invalid provision shall apply instead. The invalidity or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments to the contract or the terms and conditions shall be in writing.
8.3 The Operator may change or supplement the wording of the Terms and Conditions. The rights and obligations of the parties shall always be governed by the wording of the terms and conditions under which they came into effect.
These terms and conditions are valid and effective from 01.01.2024.