Pursuant of the provision of the Article 13. and Article the 27. of the Consumer Protection Act (Sl.glasnik RS 62/2014) Global booking d.o.o., Its reputed consumers who purchase goods through the website www.booking.dentist
- that the sale of goods via the Internet site www.booking.dentist is performed within the registered activity of the marketing company Global booking d.o.o., the address for making the complaint is: firstname.lastname@example.org
- that the basic characteristics of the goods can be found on the website www.booking.dentist
- that according to the Consumer Protection Act (Sl.glasnik RS 62/2014), purchase through our sales website www.booking.dentist is considered as distance selling.
- that the goods sold through the website www.booking.dentist possess the properties necessary for the regular use of that type of goods in accordance with its purpose as defined in the Declaration;
- that the selling price of the goods is indicated with each article;
- that all the written prices have the vat included;
- that the consumer who purchases goods through the website www.booking.dentist can pay a reservation of the service with prominent payment cards at the time of the purchase on the site;
- when the customer creates an order, by pressing the AGREE button, the consumer undertakes to pay the ordered goods;
- that the compilation of goods to the contract IS EXCLUSIVELY determined according to the characteristics and purpose of the goods as defined by the respective Declaration;
- in case of receiving the service, the consumer finds that the article wishes to substitute for another article, which may be larger, less or the same price category than previously ordered, the consumer may substitute the service within 14 days as defined in the REPLACE page.
- in the case of receiving a service, the consumer does not wish to retain the same, he/she has the right to cancel the contract and refund funds in the amount of the paid price of the reservation for the goods in question, within 14 days in the manner defined in the RIGHT TO REMOVAL page.
- that for a service which is ordered through the ONLINE store, the consumer has the right to declare a complaint on the already used product, in the manner defined for the service purchased through the ONLINE store. You can find the method and procedure for claiming a complaint on the reclamation page
DENTAL PRACTICE REGISTRATION AGREEMENT AS PART OF THE TERMS AND CONDITIONS
1. ‘GLOBAL BOOKING DOO BELGRADE’, Bulevar Mihajla Pupina 6, Company Number: 21671789, Tax Identification Number: 112425348, represented by a legal representative - Director Andrej Čopič, Passport number: PB1254717 and ‘GLOBAL BOOKING DOO’, Ante Starcevica Squer, no. 7, Company Number: 081355818, Tax Identification Number: 13790138180, represented by a legal representative - Director Andrej Čopič, hereinafter ‘Company’,
2. Registered dental practice in the following text "Partner".
The contracting parties agree as follows:
1. The percentage of commission for each reservation through and by means of the Company, and the website www.booking.dentist, and which the Partner is obliged to pay to the Company after the delivered service, is 15% (unless otherwise provided by the annex to the contract).
2. Entry into force and commencement of rights/obligations
The Agreement enters into force upon signing by the Company.
3. General conditions
This Agreement is subjected to the General Terms and Conditions (‘General Terms') which form its integrated and integral part. By signing the Agreement, the Partner confirms that he is familiar with the General Terms and Conditions and that he accepts them in full.
Terms and definitions
In addition to the terms defined in this Agreement, the definitions mentioned throughout the Agreement, unless their second intention is not explicitly stated, mean the following:
- 'Partner' refers to a legal and/or natural person who is a signatory to this Agreement, in connection with whose type and scope of providing services within its registered activity the Company provides mediation with Users who seek for these services.
- 'User' is a legal and/or a natural person who, through the Company, through all its ways of expression and appearance, wants to reserve and provide services provided by the 'Partner' within its registered activity. The User is a visitor of the Platform www.booking.dentist who through it wants to reserve and use the services of the Partner.
- 'www.booking.dentist' is a platform that includes the Company’s websites, web applications, tools, web platforms, or other devices on which the services provided by the Partner are available to Users and all third parties.
'Customer Service' is a service of the Company for Users and Partners with which they may communicate electronically via www.booking.dentist or in writing at any other address specified in this Agreement.
- 'Data administrator' means a legal and/or a natural person who alone or together with others determines the purpose and method of processing personal data obtained through www.booking.dentist" platform.
- ‘Direct debit’ means a direction and instruction given by the Partner to his commercial Bank with which he has a business account, so that the Company is authorized to collect the appropriate amount under this agreement, directly from the Partner’s bank account.
-‘Platform’ means the Company’s web network which Partner may access (after identification of username and password), to transmit, change, verify, update and/or supplement available services, information (including prices, practices, service names, presentations….) and reservations.
-Force Majeure means any of the following events affecting multiple clients and service delivery: ‘Act of God’ as volcanic eruptions, (natural) catastrophes, fires, floods, pandemics, (acts of) war, hostilities or any local or national emergency such as war aggression, coup, invasion, compliance with any order or request of any national, provincial, port or other state body, government regulations or intervention, military action, civil war or terrorism, (biological, chemical or nuclear) explosion, riot, commotion, riot strike, civil unrest (or material or significant threat or justified apprehension of any of the preceding events), drastic reduction of international means of transport, closure of airports or any other sudden and catastrophic event, circumstance or emergency, which prevents, illegally or prevents clients from traveling or staying with the Partner and using his services.
-‘Group’ means any legal and/or a natural person who is directly or indirectly connected with the Company either through capital, or through members, or through establishment.
-‘Intellectual property rights’ means any patent, copyright, invention, database right, design right, registered design, trademark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, as appropriate, any application for any such right, know-how, trade or business name, domain name (under any extension, e.g. .com, .nl, .fr, .eu, etc.) or other similar right or an obligation either registered or unregistered or any other industrial or intellectual property right in any territory or jurisdiction in the world.
-‘Online market’ means that it is sold to the general public via the Internet in any way, including through mobile applications. This definition specifically excludes communications by e-mail, SMS and instant messages that are not intended for the general public and on which the signatories point out this in their mutual communication.
- ‘Personal data’ means any data relating to a specific and specified or identifiable natural person (including customer data and their credit card data).
- ‘Platforms’ means the websites, applications, tools, platforms and/or other devices of the Company and its affiliated legal entities and business partners on or through which the Service is available.
- ‘Published online’ means available to the general public online in any way, including mobile applications. In the case of price announcements, the publication includes a display of actual prices or sufficient details for the consumer to calculate prices, even when this type of calculation is not possible through a calculator that platform www.booking.dentist has.
- ‘Service’ means the use of an online platform of dental services through the site www.booking.dentist where clients can schedule dental interventions in one of the offered practices and other services within the registered activity of the Partner.
- ‘System’ means (HML) system on www.booking.dentist. A platform that the Partner can access to use and provide services, modify functionality and administer the services it provides, on and across the platform (including pricing, booking policies, availability, quality, etc.).
- ‘Unpublished’ means not published online.
- ‘Price match’ means a guarantee issued by the Company (under this or any similar name) stating that the Company offers the best price for the service and that no lower price for the equivalent service can be found online, with the same application and check-out date, and the same booking conditions.
4.1 Service Information
4.1.1 Information about its services offered by the Partner when applying to www.booking.dentist platform, contains complete information related to the service (including images, photographs and detailed descriptions), benefits provided by the type, scope and quantity of service available for booking, price details (including all applicable taxes unless otherwise required by applicable law), other possible charges, surcharges and fees, and rules and details on availability, cancellation and non-attendance and other rules and restrictions (‘Service Information’) and will be in accordance with the formats and standards provided by the Company.
Service information must not include telephone or fax numbers, email addresses (including Skype) or social addresses, media websites/applications/other personal platforms (including Twitter and Facebook), with identical references to the service or their websites, applications , platforms, tools or other devices or third party websites, applications, platforms, tools or other devices.
The Company reserves the right to edit or exclude any information when it becomes aware that it is inaccurate or incomplete, or violates the terms and conditions of this Agreement, and the General Terms and Conditions.
4.1.2 The Partner warrants and undertakes that the Information about the services it provides at all times will be true, accurate, and not imprecise, and presented to mislead the user. The Partner is responsible at all times for the accuracy and timeliness of the information in the Service Information, including additional availability of services for certain periods, or any extraordinary events or situation (for example: renovation or construction in or near the place where the services are provided). The Partner will update the Service Information on a daily basis (or on a more frequent basis that may be required) and may - at any time - change through its account access to the Platform (I) the rate of service availability with the possibility of booking and (II) by number and/or by type of services available.
4.1.3 The data provided and maintained by the Partner on his account on the platform remains the exclusive property of the Partner. The information provided by the Partner, the Company may subsequently edit or change translations into other languages, while the translations remain the sole property of the Company. Edited and translated content will be for the exclusive use of the Company on the Platforms and will not be used (in any way or in any form) by the Partner for any other distribution or sales channel or purpose. Changes or updates to the descriptive text - information about the Partner’s services are not allowed unless the Company has previously received written approval.
4.1.4 Unless the Company agrees otherwise, any changes, updates and/or additions to the Service Information (including prices, availability, quality…) The Partner will execute directly and online through access via account to the platform, or in other ways that the Company may reasonably indicate. Updates and changes to images, photographs and descriptions will be processed by the Company as soon as possible.
4.1.5 Restrictions and conditions (including price) of services available for booking on www.booking.dentist will be accessible and understandable at all times to all parties involved (including consumers), i.e. the Partner will not abuse the Company’s service and system by sending or using incomprehensible and misleading terms and standards.
4.2.1 The Partner will offer through the Company a price and conditions that will not deviate in any way from the prices offered by the Partner to other business in its activity. ‘Identity of price and conditions’ means the same or better prices for the same service, the same type of service, the same dates, the same quality, the same or better benefits and supplements (e.g. accommodation, WiFi, food…/ deferred payment), the same or better restrictions and rules, such as changes to reservations and cancellation rules, as it offers them in business.
4.2.2 Restrictions and conditions (including the price of the service) for the services available for booking on the Platform will at all times be in accordance with point 2.2.1, available, transparent, and identifiable for all parties involved (including consumers), i.e. The Partner must not abuse the service and the composition of the Company by transmitting, or using incorrect, or indefinitely high conditions.
4.2.3 The Company has the right to refuse any action and information of the Partner that does not comply with the agreed conditions, in which case it will invite the Partner to act immediately and without delay, by accessing the Platform, on the order of the Company.
4.2.4 In the spirit of the provisions of this Agreement and targeted in accordance with the provisions of 4.2.1 (to the extent applicable) and 4.1.5 the Partner undertakes to provide for each calendar date (depending on availability and capacity) certain availability for all types of services, and arises to provide the Company with fair and equitable access to all services and types of services (including various applicable policies and restrictions) and rates available during the term of the Agreement (even during periods of low and high demand) including especially during fairs, congresses, and special events .
4.2.5 Collection of the Company’s services
4.2.6 For each reservation made by the Client through the Service Platform, the Partner shall pay to the Company a commission (‘commission’) calculated in accordance with the provision 4.3.1. Payment will be made in accordance with the clause 2.4. of this Agreement.
4.3.2 The Partner is responsible for notifying the Company of applicable taxes, fees, and other charges (and all their changes) that will be charged to the User by the Partner, with a subscription reservation, or when checking out for reservations with subsequent payment. Unless otherwise agreed with the Company, or otherwise permitted by applicable law, the price displayed to customers on the platforms includes the sale of taxed services, all fees, and all such other (state, municipal or local) taxes, fees and/or other claims.
4.3.3 In the event that according to (amendment or entry into force) of the applicable law, rules, and laws applicable in the territory of the Client, prices must be shown to Users including VAT, all sale taxes, and all other (state, municipal or local) taxes, duties or levies. The Partner is obliged to adjust these variable rates (i.e. prices of services) by accessing through the account to the Platform, in accordance with the conditions of provisions 4.1.2 and 4.1.4 as soon as possible, but in any case no later than 4 days after (I) change or entry by virtue of the applicable law, rules, and laws applicable in this regard to the services provided by the Partner, or (II) be notified of changes by the Company.
4.3.4 Access to the account on the Platform shows the details of all reservations made with the Partner through the platform, and the corresponding commission for the Company. At the end of the month at the latest, the Company will endeavor to establish an online Booking Report (‘Online Booking Report’) available on the Partner’s Platform account, showing the booking of all Users and events whose service date were made in the previous month.
4.3.5 The Partner undertakes to, at each request of the Company and at least once a month, accurately, precisely and credibly report to the Company how many services are reserved through the Platform, how many services are provided, how many services are charged, what is the total (gross) amount charged, as well as all other relevant information related to the subject Agreement.
4.3.6 The Contracting Parties state i.e. agree that in case of breach of contractual obligation from the above paragraph, or if the Company receives information that the Partner has repeatedly sent intentionally incomplete, and inaccurate data in the Report, the Partner will be obliged to reimburse the to reimburse the Company a one-time contractual penalty.
4.4 Payment Fee
4.4.1 Fee for provisions in a calendar month containing (estimated) date of performance of services in that month; the Company will invoice in accordance with the terms of this agreement, and are due for payment in the following month, in accordance with the following conditions:
(a) Invoices are processed monthly, and sent to the Partner via the Internet or e-mail.
(b) The commission invoiced for one month, the Partner shall pay within 5 days from the date of the invoice.
(c) The Partner will make the payment directly to the Company through facilitated payment (if applicable)
or by direct debit of his business account, or in case the latter is not available in the banking system of the commercial bank from where the payment is made, by transfer (to a bank account or foreign currency bank account specified by the Company) or only in exceptional cases by credit card.
The partner bears all costs that banks charge for the transfer of funds.
(d) All commission payments to be made under this Agreement shall be made in the approved funds, without any deduction or set-off and free of charge, exempt and without deduction for, or at the expense of any taxes, levies, imports, customs duties, fees, charges and retentions of any nature imposed now or in the future by any governmental, fiscal or other body. If the Partner is forced to make any such deduction or retention, he will pay the Company the necessary additional amounts, to ensure that the Company receives the full (net) amount as stated in the invoice issued by the Company.
The Partner is responsible for the payment and transfer of all taxes, levies, fees, and deductions above the full (net) commission to which the Company is entitled.
(e) The commission invoiced for one month, the Partner shall pay in the appropriate currency as specified in the Invoice. The Company may, at its discretion, issue invoices either in the domestic payment currency or in foreign currencies (e.g. EUR / USD). All conversions of foreign currencies into domestic currency are performed at the middle exchange rate of the NBS on the day of issuing the invoice.
4.4.2 The Partner is responsible for the payment and declaration of relevant taxes (i.e. mentioned above in 4.4.1 under d) that apply to the Company’s services and invoicing in accordance with the relevant tax regulations, and the practices, and requirements of the tax authorities. The Partner shall bear and be responsible for the payment and remittance of commission tax (payments), and related interest for late payment and penalties imposed by the tax authorities for failure to pay and report any taxes applicable to the Company’s commission. If necessary, the Partner will be solely responsible for negotiating and agreeing with the competent tax authorities, on the tax treatment of the Company’s commission (payments). At the first request of the Company doo Belgrade, the Partner will submit (photo/scanned) copies of tax payment certificates/tax exemption certificates for each remittance of the invoiced commission.
4.4.3 In the event of a dispute between the Company and the Partner (e.g. on collection and amount of commission), any undisputed amount of commission will be paid in accordance with the terms of this agreement, regardless of the status or nature of the dispute.
4.4.4 In case of late payment, the Company reserves the right to demand legal interest, the right to suspend its service under the contract (e.g. by suspending the Partner’s services from the platform), request a direct debit deposit and/or request a bank guarantee or other form of financial security from the Partner.
4.5 Reservation, Customer Reservation, Complaints and Price Adjustment
4.5.1 When the User makes a reservation of services with the Partner through the platform, the Partner will receive a confirmation for each reservation made through www.booking.dentist , whose confirmation includes the date of service, number of clients, and type of service, price of the service, name and surname of the User, address and (if possible and necessary) credit card number as well as all details (‘User Information’).
The Company is not responsible for the accuracy or completeness of the data (including credit card information).
The Company is not responsible for the payment obligations of Users related to their reservation.
To avoid doubts, the Partner will regularly (but at least daily) check and monitor the order on the platform (status) of the made reservations. The Partner accepts that only credit card information is kept by the Company for a limited time.
4.5.2 Reservation through the platform creates a direct contract (and thus a legal relationship) between the Partner and the User (‘User Reservation’).
4.5.3 The Partner is obliged to accept the User as a contracting party and make an online reservation and compliance with the data on services (including price) published on the Platforms at the time when the reservation is made, and confirmation of the reservation is given, including any additional information and/or wishes demanded.
4.5.4 Apart from fees, surcharges and (additional) fees determined by the confirmed reservation sent by the Company to the User, the Partner does not charge the client any fees for transactions/ administrative costs, or charge the use of any payment method (e.g. credit card debit).
4.5.5 Complaints or requests regarding the products or services offered, provided or made by the Partner or with certain requirements of the User, the Partner shall settle with the User without the mediation or interference of the Company. The Company is not responsible (and disclaims any liability in connection with such claims by the User).
The Company may at any time and in its sole discretion:
(a) offer support services to the User,
(b) act as an intermediary between the Partner and the User,
(c) secure and locate another Partner at the request of the User of the same or better standard in the event of overbooking or other material irregularities or objections to the Partner’s services; or
(d) otherwise assist the User in communicating with the partner.
4.5.6 In case of a justified request of the User for price inequality, the Company has the right to an assessment of Equality (parity) and immediately notifies the Partner of such request of the User and provides all details to the Partner on such request.
Since the Company has the right to equal prices and conditions, the Partner will immediately adjust - to the extent possible - the prices available on the platform. www.booking.dentist , so that the User will have a lower price for an older reservation.
Furthermore, the Partner will immediately adjust the price in the reservation made by the relevant User in his administration. Upon completion of the event, the Partner will offer the service at a lower price or will (I) settle the difference between the booked price and the lower price by charging the User a lower price, or (II) return (in cash) the differences between the two prices.
4.6 Overbooking and cancellation
4.6.1 The Partner shall provide the reserved services, and in the event when it is unable to meet its obligations under this Agreement for any reason, the Partner shall immediately notify the Company by the fastest method of communication with the written trace.
If the Company has not organized an alternative service to the User (which will be of the same quality and with which the User agrees), the Partner will make every effort to procure an alternative arrangement of equal or better quality for its damage, and in case it does not have the capacity, the Partner will, at the request of the User:
(a) find a suitable alternative service provider for the User of the same or better standard than the one the Partner has, and which the customers have chosen by booking,
(b) provide free private transport to an alternative service provider for the User and other clients whose number is specified in the reservation made,
(c) reimburse the Company and/or the User for all reasonable costs and incurred costs and lost profits (e.g. alternative accommodation, transportation, telephone costs….) incurred, suffered, paid by the User and/or the Company, due to, or caused by overbooking with a Partner. Any amount charged by the Company in this regard will be paid within 14 days of the issuance and sending of the invoice.
4.6.2 The partner cannot cancel any online reservation. In case of (alleged or suspicious) fraudulent activity (e.g. in connection with reservations, credit card fraud, money laundering or the price of payment services), the Company reserves the right to cancel the relevant reservations and (in case of facilitated payment) to withhold, suspend or cancel the transfer all relevant funds to the Partner or will charge the appropriate funds from the Partner’s deposit and notify him thereof.
4.6.3 Cancellations made by users after the time and date after which the cancellation fee is retained will be subject to a commission from the balance and for the Company, in accordance with the terms of this Agreement.
4.7 Credit Card Guarantee
4.7.1 If the Partner has been provided with credit card information at the time of booking, the Partner may use it to pay for the service but also as a guarantee that the services will be paid for.
The Partner will at all times accept all credit cards (including MasterCard, Visa and American Express) for payment and booking guarantee.
The partner is responsible for verifying the validity of this credit card information, (before) authorizing the credit card and the credit limit on the date of the booked event.
If the credit card does not have sufficient funds, the Partner will immediately notify the Company, which subsequently calls the User to guarantee the reservation in an alternative way. If the User fails or does not wish to do so, the Company may cancel the reservation at the request of the Partner. If the credit card (or any alternative guarantee given by the User) is not adequate or valid for any reason, it will always be at risk for the account of the Partner. Reservations canceled by the Company in accordance with this point 4.7.1 will not draw any commission to the Partner.
4.7.2 A partner wishing to be charged by credit card prior to the event date must secure and request payment in advance with clear explanations to Users about the information available to the User prior to booking and included in the Service Information.
4.7.3 The Partner is responsible for charging the User for both services provided and cancellation fees.
Credit cards are charged in the same currency as stated in the customer’s reservation.
4.7.4 In the event that the Partners offer services only with cash payment, the Company will not provide credit card information to the Partner as a reservation guarantee.
4.8 Data privacy, messaging and use
The Partner understands and agrees that the forms and general conditions of the Company relating to the privacy of both data and communications in interpersonal relationships apply.
4.9 Force majeure
In case of force majeure, the Partner will not charge (and will refund (if possible) funds) any fee, cost or other amount (including down payment or cancellation fee) to:
(I) any cancellation or change of reservation made by the User, or
(II) that part of the provision which is not spent due to force majeure.
In case of reasonable and justified doubt, the Partner may request the User to provide reasonable evidence of causality between force majeure and cancellation, non-arrival or change of reservation (and will provide the Company immediately with the User’s request with a copy of such evidence).
In order for the Company to be able to register a cancellation, non-arrival or change of reservation due to a force majeure event, the Partner will notify the Company within 2 working days after the planned date of the non-arrival or cancellation event. In that case, the Company will not charge any commission in case of registered absence or cancellation or over that part of the reservation that was not used due to Force Majeure.
STATEMENTS AND WARRANTIES
5.1 The Partner undertakes and guarantees to the Company that during the term of this Agreement:
(i) will possess all necessary licenses and approvals for the provision of services,
(ii) that it is duly registered with all relevant state authorities
(iii) On any online advertiser, make the service it provides available in another way, even on its own website, at better and lower prices than the one specified on the Platform,
(iiii) A Partner who, for the purpose of this warranty, includes both the Director and the Owner
of the property) and their formal and informal - ultimate (actual) owners (and their directors) are in no way connected with or involved in the crime or associated with or under the control, management or ownership of:
(a) terrorists or terrorist organizations;
(b) sanctioned parties/persons and/or
(c) parties/persons who are (i) guilty or (ii) against whom criminal proceedings have been instituted or deferred prosecution under an agreement in which they have admitted participation in money laundering, tax evasion, bribery, financial crime, fraud or corruption .
The Partner shall immediately notify the Company in the event of an actual or suspected violation of this point 5.1 and
Each party represents and warrants to the other party that for the duration of this Agreement
(i) have full legal capacity and authority to enter into and perform its obligations under this Agreement;
(ii) has taken all corporate action necessary to authorize the performance and enforcement of this Agreement;
(iii) this Agreement constitutes a legally valid and binding relationship, and the parties to its terms state that it is
(iv) is in all material respects compliant with all applicable laws, codes, regulations, ordinances under which the relevant party is established by law (and as regards services, also with regard to products (which it will offer) and/or services (which will provide)
such a party.
5.4. The Company disclaims and excludes any and all liability in connection with the Service relating to any failure, interruption, downtime, interruption or unavailability of the platform, service and/or
Online account. The Company provides (and the partner accepts) the Platform service and accesses the online account.
The Company may change its Service, Platform and online account at any time.
6. COMPENSATION AND LIABILITY
6.1 Each party shall be liable, and indemnify, compensate, and provide the other party with any damages, losses (excluding any loss of production, loss of profit, loss of revenue, loss of contract, loss or damage to goodwill or reputation, loss of claims or any special, immediate or consequential losses and/or damages), liabilities, costs, claims, asserts of any kind, interest, penalties, legal proceedings and costs (including, without limitation, reasonable fees and attorney’s fees) actually paid, incurred or suffered by injured parties in case:
(i) breach of this Agreement or
(ii) in case of any claim by any third party based on any (alleged) violation of the rights of a third party by one of the parties.
6.2. The Partner will fully indemnify, reimburse and compensate the Company (and its directors, officers, employees, agents, related parties and associates) in the event of any liability, penalty costs (including, without limitation, reasonable fees and attorney’s fees), damages, losses, obligations, claims of any kind, interest, penalties and legal proceedings that the Company (or its directors, officers, agents, related parties and associates) suffer in connection with:
(i) any claims by users relating to inaccurate, erroneous or misleading information about Partner’s services on the Platform;
(ii) any claims of the User relating to the use of the services, overbooking or (partial) cancellation or erroneous reservation or repayment, refund or collection of the price of the service;
(iii) any requirements set by Users in relation to or in accordance with Price Harmonization;
(iv) any other claims of the User that are wholly or partly attributable either to the risk and to the account of the Partner (including its directors, employees, agents, representatives and premises) (including claims related to (lack of) services provided by the Partner or products offered by the Partner) or arising out of a tort, fraud, intent, misconduct, negligence or breach of this Agreement (including reservation) by the Partner or attributable to the Partner (including its directors, employees, agents, representatives and event premises) in relation to the User or his property;
(v) all claims (including costs, expenses, interest, fines and other liabilities) against or arising in connection with the Company or as a result of (1) the failure or negligence of the Partner to register in a timely, correct and accurate manner with (a) authority or (b) pays, declares all certain taxes, fees and (additional) fees charged or based on
services or other fees under this agreement in the appropriate jurisdiction (including the price of the service (and other mandatory amounts processed under this Agreement) as well as commissions), or (2) tax claims and obligations that are due to the Tax Company for which the Partner is responsible; obliged or for which there is an obligation to pay, collect, withhold and the fee is legally charged to the Company for, in the name or instead of the Partner;
(vi) all (1) (alleged) monetary and non-monetary claims against the User or third parties arising out of, from or in connection with the services provided by the Partner.
6.4 In the event of a third party’s request, the parties will act in good faith and make reasonable business efforts to advise, cooperate and assist each other in defending and/or resolving such a request, while the requested party will defend itself ( in agreement with the other party and with due respect for the interests of both parties), and neither party shall allow, submit or provide any documentation and agree to any judgments or enter into any compromise or settlement without the prior written consent of the other party.
6.5. In no event shall either party be liable to any other party for undisguised, special criminal and punitive, incidental or consequential damages or losses, including loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claims and rights whether such damage (alleged) is the result of breach of contract, tort liability.
6.6 Each party acknowledges that each party may use all legal remedies to protect its rights, including other parties, and each party has the right to judicial protection of its interests.
7. DURATION, CESSATION AND TERMINATION OF THE CONTRACT
7.1 Unless otherwise agreed, this Agreement begins on the date of signing and is valid indefinitely. Either party may terminate this Agreement at any time and for any reason, by giving written notice to the other party with due notice within 14 days. With the notice of termination of the contract, each party is obliged to settle all obligations towards the other party as well as to make a deposit for the settlement of obligations whose maturity is in the future.
7.2 Either party may terminate this Agreement (and close the service on the platforms), limit or suspend all or part of its obligations, contractual obligations under this agreement in relation to the other party, with immediate effect and without notice of non-compliance in the event of:
(i) legal or regulatory obligations;
(ii) imperative grounds under applicable law;
(iii) in the event of a repeated breach of this Agreement;
(iv) if the other party (reasonably expects or suspects) that any provision of this Agreement (including but not limited to late payment, insolvency, breach of equality of performance) will be disregarded by the other party, in particular in the case of impermissible or inappropriate content, fraud,
data breaches, providing incorrect data or receiving a significant number of user complaints); or
(v) initiating or filing for bankruptcy, insolvency or blocking of accounts (or similar action or event)
7.3 Any notice or notification by the Company of the ‘closure’(‘unavailability’) of the Partner’s services on the Website and the Platform shall constitute termination of the Agreement. Upon cancellation, suspension or closure, the Partner will provide the services reserved and pay all commissions (plus costs, interest…) To the Company belonging to it and which are made in accordance with the terms of this Agreement.
Upon termination or suspension of the Agreement and regardless of the Company’s right to (permanently) remove the Partner from the Platform, the Company will have the right to keep and maintain the Partner’s service page available on the Platform, but with the status: ‘closed options’) until full and final payment of all overdue and overstanding amounts (including (future) commissions).
7.4 The following events will in any case be considered a material breach of the Agreement and will allow the Company to immediately terminate, limit or suspend the Agreement (all or part of its obligations, agreements and obligations to the Partner) without notice:
(i) non-payment of any invoice or expense of the Company before or on the due date;
(ii) an attempt of bad intent to avoid paying a commission and/or reducing a commission;
(iii) the provision of inaccurate, outdated, incomplete, inaccurate, misleading or false information by Partner, including the publication of data on services of any such nature on other platforms;
(iv) non-acceptance of the reservation at the price and/or conditions shown on the reservation or non-compliance with the agreed prices and/or conditions of the reservation;
(v) requesting additional payments from Users;
(vi) if the Partner in any way misuses the User’s (credit card) data (e.g. by charging the user’s credit card before the event without the User’s prior consent) or in the event of a data breach;
(vii) serious complaints from one or more Users or a third party;
(viii) poor rates or ratings;
(ix) if the Partner (directly or indirectly) manipulates or attempts to manipulate the reservation or operation of the Platform (e.g. Manipulation of User reviews);
(x) any security, safety, private or health problems or problems related to the Partner’s services or facilities (the Partner shall, at its own expense and at the Company’s first request, provide appropriate permits, licenses, certificates or such statements issued by experts proving and support its compliance with applicable positive regulations (privacy, safety and health laws and other laws);
(xi) the Partner (including the party holding (directly or indirectly) holding or controlling the Partner terminates the contract with any related party of the Company (a) without proving the reasons and / or (b) for convenience;
(xii) that any of the related parties to the Company has the legal right to terminate the contract for the same reason with the Partner (including the party that (directly or indirectly) holds or controls the Partner
(xiii) breach of contract including the act or case of non-performance or non-performance of any obligation to and from any other relationship between the Company on the one hand, and the Partner (or any party that (directly/indirectly owns or controls) on the other hand,
(xiv) Partner behavior that is incompatible with the global fair business practice model, technology or Policy;
(xv) if the Company reasonably believes that it is necessary to take measures to protect its own security or the property of the Company, the user or a third party to prevent inappropriate, illegal or unprofessional (physical and/or non-physical) conduct and/or misconduct, fraud or any other unacceptable activity;
(xvi) If the Company reasonably believes that the Partner violates any of the points in provisions 5.1 (vi), 5.1 (vii), 5.2 (iv) and 10.11, or its obligations set forth in provisions 10.8 and 10.9; or
(xvii) the failure of the Partner to provide the Company with such information, documents or other evidence as the Company reasonably requests from time to time regarding its due diligence procedures (including, for the avoidance of doubt, due diligence procedures aimed at ensuring the Company’s compliance with bribery, sanctions and other abuses as well as for the analysis of evasion/relief tax abolition and demands for the suppression of financial crime).
7.5 Upon termination, and except as otherwise provided, this Agreement shall terminate absolutely and completely with respect to the termination of a party and shall cease to be valid without prejudice to the rights and remedies of the other party regarding damages or breach by the other (terminating) party to this Agreement. . Provisions 2.4, 6, 7.6, 8, 9 and 10 (and such other clauses which by their nature survive termination) remain in force even after termination.
7.6 In the event of a ‘change of ownership’ in respect of ownership or operation of the Partner’s assets (including any form of assignment, transfer, innovation of this Agreement), the Partner agrees and accepts that the new owner/operator has the right to use information about services as the Partner makes available or used before the change of ownership and has access to appropriate (financial and operational) data on performance, management and Users and future owners of partners or service facilities, in solidarity with the Partner will in any case be and remain responsible for all obligations, receivables and liabilities related to time in progress or arising before the change of ownership.
8.1 Systems, business data and records of the Company (including account data, online booking statements, financial elements of the booking system, e-mails) will be considered final proof of existence and receipt of services by the Booking Partner made by the User and the amount of commission, damages or costs of the Company and under this Agreement, unless the Partner is able to provide reasonable and credible evidence.
8.2 At the first request of the Company, the Partner will fully cooperate and assist the Company (and disclose
all reasonably required information regarding the (identification) of the (ultimate) owner, manager and/ or controller of the Partner.
8.3 Booking.dentist and its authorized advisors and representatives may audit the compliance of services with the terms of this Agreement, including, but not limited to, the accuracy of any invoices for customers provided for in this Agreement.
The Partner shall promptly and without delay assist the Company or its authorized advisers or representative in carrying out such an audit, and in particular shall provide reasonable access to all relevant books of account,
records, premises, staff and other information relevant to the execution of this Agreement by the Partner, in any case at no cost to the Company. If the Company still incurs audit costs in excess of the costs of routine audit, the Company reserves the right to transfer additional audit costs to the Partner.
9. CONFIDENTIALITY AND SHARING OF INFORMATION
9.1 The Parties understand and agree that in the performance of this Agreement each party may have access to, or may be exposed, directly or indirectly, to the other party’s confidential information (‘Confidential Information’). Confidential Information includes customer information, scope of transactions, marketing and business plans, business, financial, technical, operational and other non-public information that any disclosing party identifies as private or confidential or from which the receiving party should reasonably know in order to should be treated as private and confidential.
9.2. Each Party agrees that, unless otherwise provided in this Article 9, (a) all confidential information shall remain the exclusive property of the disclosing party and the receiving party shall not use any confidential information for any purpose other than the continuation of this Agreement; (b) maintain and use prudent methods to compel its employees, officers,
representatives, contracting parties and agents (‘Permitted Persons’) to maintain confidentiality and secrecy
Confidential information; (c) disclose such confidential information only to those Authorized Persons who need to know such information for the purposes of complying with this Agreement; (d) will not permit and will use reasonable methods to ensure that Permitted Persons do not copy, publish, disclose or use (except in accordance with these terms) Confidential Information; and (e) return or destroy all (printed and paper) copies of confidential information at the written request of the other Party.
9.3 Notwithstanding the foregoing, (a) confidential information shall not contain any information to the extent that it is (i) or becomes part of public access by any act or omission of the receiving Party, (ii) held by the receiving Party prior to the date of this Agreement, ( iii) made available by a non-obligated third party disclosing confidentiality to the receiving Party, or (iv) if required by law, court order, subpoena or public authority, and (b) nothing in this Agreement will prevent, impede or restrict the Party from disclosing the Agreement or any other confidential information entrusted to a related party.
For the avoidance of doubt, the Company has the right to disclose all information regarding the Service and Partner to its employees, agents, representatives and staff members of any related legal entity in accordance with the Business Partners Privacy Statement. Such information may include, but is not limited to, confidential information and data relating to the performance of the Partner’s obligations under this Agreement, including its compliance with the Rules.
10. COMPLIANCE AND MISCELLANEOUS
10.1 Neither party shall have the right to assign, transfer, encumber, dispose of any of its rights and/or obligations under this Agreement without the prior written consent of the other party, provided that the Company may assign, transfer, encumber dispose of any of its rights and/or an obligation under this Agreement (in whole or in part or from time to time) to a related legal entity without the prior written consent of the Partner. Notwithstanding anything to the contrary, any assignment, innovation or transfer by the Partner will not relieve the assignor/transferor of its obligations under the Agreement.
10.2 All notices and communications must be in Serbian or English, in writing or online, and must be sent by e-mail or to the address specified in the Agreement or through the Platform where the mail arrived (notes / actions) is available to the Partner .
10.3 This Agreement (including the schedules, terms and appendices to this Policy, which form an integral part of this Agreement) constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all prior agreements, arrangements, (non) binding offers, commitments or statements in connection with the same subject.
10.4 If any provision of this Agreement becomes void or non-binding, the Parties shall remain bound by all other provisions of this Agreement. In such a case, the Parties shall replace a void or non-binding provision with provisions which are valid and binding and which must, as far as possible, have a similar effect as a null and void or non-binding provision, given its content, purpose and substance in the Agreement.
10.5 Unless otherwise provided in this Agreement, this Agreement shall be exclusively regulated and interpreted in accordance with the laws of the Republic of Serbia. Unless otherwise provided in this Agreement, all disputes arising out of, or in connection with this Agreement shall be settled amicably and, in the impossibility of that before the really competent court in Belgrade.
10.6 Nothing in this Agreement shall prevent or limit the Company in its right to take or initiate any action or procedure or seek temporary injunction or (certain) enforcement before any competent court in which the Partner is established or registered under the applicable regulations and for that purpose, The Partner waives the right to claim any other jurisdiction or applicable law to which it may be entitled.
10.7 The original version of the Agreement as well as all appendices (general conditions, statements of confidentiality, etc.) is made in Serbian and can be translated into other languages. Translated versions are only serviceable and no rights can be derived from them. In the event of a dispute over the content or interpretation of the provisions of the same provisions or in case of conflict, ambiguity, inconsistency or disagreement between the Serbian version and any other language version, the Serbian version shall prevail, apply and be binding and final.
The Serbian version will be used in court proceedings.
10.8 The Company may from time to time update and adapt the General Terms and Conditions to the Agreement (including the Annexes), based on communication (e.g. e-mail or notice) with the Partner subject to a notice period of 15 days.
Any updated or amended version of the contract and appendices will replace the existing (current) version with the effect specified in the update/replacement notice.
Global booking d.o.o.