General terms and conditions
General Terms and Conditions
DNASTAY.COM is a service of Digital Nomad Accommodation d.o.o., Ulica grada Vukovara 284, 10000 Zagreb, Croatia (from now on, DNASTAY.COM), which enables users to search for tourist accommodation such as apartments, cottages and hotel rooms and other related third-party services, and to compare prices and inquire or book directly with third parties.
1. Scope, Contract Language
1.1. The present general terms and conditions ("Conditions") apply to all services which DNASTAY.COM directly or indirectly provides to the user, via the Internet, email, or by phone, no matter on which device (e.g., PC, phone), and through which of the corresponding domains (www.dnastay.com etc.) the DNASTAY.COM user accesses the service.
1.2. The terms and conditions exclusively apply; standard user conditions which differ from the present terms and conditions are not part of the contract unless DNASTAY.COM agrees to their validity explicitly and in writing.
1.3. These Conditions apply regardless of the provisions, regulations and terms, and conditions that may be set by third parties regarding contractual relationships with the User. It is the sole responsibility of the User to save or otherwise retain the rules, regulations, and terms and conditions of the third party or the external portal through which the booking is made. DNAStay.com has no influence upon the rules, regulations, and terms and conditions of third parties.
1.4. The language of the contract is English.
2. Object of the contract, scope of services
2.1.1. DNASTAY.COM charges no fees to users for use of the site.
2.1.2. However, DNASTAY.COM exclusively provides its service to non-commercial users for personal use. In particular, the User is not permitted to copy, distribute, transfer, assign, sell, use, display, publicly perform, reproduce, publish, license or charge any information, software, products or services that are available or visible through the site.
2.2. Use of the site as an information, search, and comparison portal
2.2.1. The user is able to use the website to search for accommodation and support services from third-parties based on self-selected parameters and to obtain further information on selected accommodation, in particular, characteristics such as equipment, location, exterior, customer rating, price, availability etc. The user can compare selected accommodation options side by side. User-selected services may link to external third party sites when necessary to make direct inquiries or bookings. In these cases DNASTAY.COM is responsible for the technical transmission of user submitted information to the external site.
2.2.2. DNASTAY.COM is not involved in bookings made by the User with third parties and therefore does not store the respective agreements. It is strongly recommended that all users ensure the permanent storage of booking information and agreements made with third parties.
2.2.3. In individual cases and upon request, the DNASTAY.COM team will, if necessary, support the user by phone or e-mail in the use of the search function. However, this is not an entitlement of the user.
2.3. Transmission to third parties
2.3.1. By filling out and sending the booking form on the DNASTAY.COM website, the user instructs DNASTAY.COM to mediate the provision of accommodation, travel, or other services. DNASTAY.COM provides the service not on its behalf but on behalf and account of the respective third party.
2.3.2. After selecting a service and any additional options (e.g., an extra bed), the user is prompted to enter their data, in particular their name and email address. After selecting a payment method accepted by the third-party, the customer creates a binding contract offer to the third party by clicking the "book now" button on the overview page. Until the booking form is sent, the user can use the normal functions of the device or browser (e.g., "back button") to correct the data entered or cancel the process. When the user clicks on the "book now" button, DNASTAY.COM forwards the user's booking request to the third party and immediately confirms the successful transmission of the booking request with the third party to the user via email. This confirmation does not lead to a contract between the user and third party. Corresponding acceptance or rejection statements are separately and directly sent by the third party to the user.
2.3.3. The user is asked to carefully fill in the required fields of the booking form (especially personal information, contact details such as email address, payment data). Incorrect information can lead to errors in the mediation of the agreement or with the contract with the third party, for which the user is then responsible.
2.3.4. The agreement and booking data are stored temporarily during the mediation of the transaction by DNASTAY.COM but are not accessible to the user through the Internet. The user is advised to ensure reliable storage of booking data and the agreement text.
2.3.5. Upon mediation by DNASTAY.COM for the booking of accommodation, travel, or other services, a contract is exclusively concluded between the third party and the user. DNASTAY.COM is not part of this contractual relationship and does not itself provide accommodation, travel, or transportation services to the user. For the proper delivery of a service, irrespective of the legal nature, only the third-party provider is responsible to the user. All rights arising in connection with the reservation made by the user are directly between the third party as the party to a contract and the user and cannot be the object of any claims against DNASTAY.COM. The above stated also applies to existing statutory rights or other rights voluntarily granted by the third-party, such as withdrawal and rescission rights or other statements that concern the contractual relationship or the service relationship of the user to the third party (e.g. notification of defects).
2.3.6. Unless DNASTAY.COM is not subject to a corresponding contractual obligation by express agreement with the user, DNASTAY.COM does not guarantee the realization of the third-party contract resulting from the booking request made by the user.
3. Payment notes
Payment for the arranged services can take place in any form accepted by the third party. The individual payment (and any applicable charges to the user for the choice of payment method, any required prepayment, payment dates and other information) are displayed to the user on the website during the booking process. Depending on the selected service, payment is made to the respective third party or a service established by it to collect debts.
4. Granting of usage rights, exemption
4.1. The exclusive rights of use for the site and protected content accessible thereby (e.g., photos, graphics, descriptions) are reserved by DNASTAY.COM, DNASTAY.COM partners, and in some cases by third parties. Appropriation of the site by the User— either entirely or partially through the appropriation of texts, graphics, or designs—is expressly forbidden.
4.2. Notwithstanding Paragraph 1, the User is authorized to download, display, and print individual pages of the website for personal use (e.g., documentation of information provided by the third party/verification). In this case, the User is obliged to specify the source (www.dnastay.com) in the file or by an easily understandable, legible, and firmly attached notice.
4.3. The site will not provide the User with any access to information, data, and content (such as images, texts) that infringe on rights such as name, copyright, and trademark rights of third parties, or which violate existing laws.
4.4. The User indemnifies DNASTAY.COM against all third party claims, in particular, requests for copyright and trademark infringements, which may be raised against DNASTAY.COM in connection with the exercise of contractual rights, upon the first application. Should the user become aware of any impairment of the contractual rights, he/she shall notify DNASTAY.COM immediately. DNASTAY.COM is entitled to take appropriate measures to defend itself against claims of third parties or to pursue its rights. Indemnification also includes reimbursement of costs incurred by DNASTAY.COM arising from legal proceedings.
5. Use of the website
5.1. The User must use the site solely for personal, non-commercial use, and especially must not use any programs or functions to automatically generate page views or access content on the website or automatically copy content from the site.
5.2. Furthermore, the User will not upload any content or information to the site that
could be considered to be camouflaged advertising;
is subjective, discriminatory or deliberately untrue;
is without reference to property or service on the website;
is immoral, offensive or pornographic;
contains viruses, Trojan horses, or other malicious software;
constitutes commercial trade or an unacceptable nuisance for other users (e.g. in the form of chain letters, surveys, SPAM).
6. Comment, ratings, and reviews guidelines
These guidelines apply to any content (including text, images, video, and links) you submit to DNASTAY.COM.
6.1. Helping others. The feedback is intended to help customers like you. For this purpose, the content you submit should be relevant and based on your real and honest opinions after your stay at one of DNASTAY.COM listings and using DNASTAY.COM services.
6.2. Respect others. Do not write bad or inappropriate content. Do not post content that invades another's privacy. Do not impersonate other people or organizations, or pretend to be someone you are not.
6.3. Promotions and commercial solicitations. Any form of advertising is not allowed.
6.4. Illegal activity. Don't post content that encourages or supports illegal behavior.
6.5. Disclaimer. The opinions expressed are those of DNASTAY.COM customers, and not of DNASTAY.COM. DNASTAY.COM does not accept responsibility or liability for any reviews or responses. DNASTAY.COM is a distributor (without any obligation to verify) and not a publisher of the content.
6.6. Delete rights. The contributions can be erased by contacting firstname.lastname@example.org
7. Correspondence and communication
8. Correction and blocking
8.1. If there are concrete indications that a user is in violation of statutory regulations; rights of third parties such as, in particular, name, copyright, and trademark; rights of these Conditions; or if it is in the legitimate interest of DNASTAY.COM, especially in order to protect other users from fraudulent activities, DNASTAY.COM is entitled to take one or more of the following measures, with consideration to the legitimate interests of the affected user:
Issue the user with a warning;
Delete offers or other of the user's content;
Limit the user's access to the website;
Exclude the user – temporarily or permanently – from the use of the site (blocking).
8.2 Contracts already concluded between users and third parties are not affected by the measures mentioned above.
9. Rebooking and cancellation
9.1. Rebooking and cancellation options for accommodation and services already bindingly booked and any other costs arising therefrom are set out in the contract documents or terms and conditions of the respective third party. DNASTAY.COM has no influence on the conditions of third parties.
9.2. DNASTAY.COM is not required to accept cancellation or rebooking requests or statements, which should be arranged with the third party as the contract partner. In order not to jeopardize timely delivery, users are asked to submit any such requests directly to the third party.
10. Data protection
11. Warranty, limitation, liability
11.1. For defects of the mediation service, the user must notify DNASTAY.COM within a month. As far as reasonable, DNASTAY.COM is to be given an opportunity to remedy the situation. The period begins from the contractually stipulated end of the mediated service, but not before the user becomes aware of the circumstances giving rise to the claims against DNASTAY.COM.
The customer is requested to note that DNASTAY.COM is not entitled or obliged to accept responsibility for defects if they relate to the contractual performance of the third party. Corresponding notices of defect or complaints are to be settled directly with the third party or its representatives and may be subject to third party legal or contractual provisions.
11.2. Claims by the User against DNASTAY.COM arising from the contract mediation shall expire within one year, unless there are damages based on the loss of life, limb or health, or damages arising from a negligent breach of duty by DNASTAY.COM as mediator or an intentional or grossly negligent breach of duty by a legal representative or agent of DNASTAY.COM. The limitation period begins at the end of the year in which the claim arose and obtains from the date that the customer learned of the relevant circumstances and the identity of the person responsible or would have learned thereof in the absence of the gross negligence.
11.3. All other claims by the user against DNASTAY.COM for damages are excluded. Injury to life, limb, health or violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of DNASTAY.COM or its agents, are excluded from the exclusion of claims for damages by the User. Essential contractual commitments are those who initially enable orderly fulfillment of the contract and which the contract partner can usually expect to be observed.
11.4. In the event of a breach of the essential contractual obligations, the Seller shall be liable only for damages of a foreseeable and typical nature for this type of contract and for those which are caused by recklessness, unless the claim is based on injury to life, limb, body, or health.
11.5. The liability of DNASTAY.COM under the Product Liability Act and other mandatory statutory liability regulations remains unaffected by the previous limitations and exclusions.
11.6. For cases where the responsibility of DNASTAY.COM is excluded or limited, this also applies to the liability of employees, contractors, representatives, and agents of DNASTAY.COM.
11.7. Photos, maps and location data provided on the website is given only as guidance concerning the relative position of the respective accommodation. The information which determines the contract is only the information submitted to the third party website during the booking process or during the corresponding confirmation with the third party.
12. Final provisions and jurisdiction
12.1. All legal relations between DNASTAY.COM and users of these Conditions are subject to the law of the Republic of Croatia. If the User is a consumer, sentence one applies only insofar as the choice of law does not undermine the necessary protective legislation of the state in which he has his habitual residence.
12.2. If any provision is found to be either wholly or partially invalid or unenforceable, or should a provision later lose legal validity or feasibility, this shall not affect the validity of the remaining provisions. Another legally effective procurement will be inserted instead of the invalid or unenforceable provision.