1.Introductory Provisions
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations between Akkoola s.r.o., with its registered office at Záhřebská 562/41, Vinohrady, 120 00 Prague, Company ID: 07597355, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 302348 (hereinafter referred to as “lovec-realit.cz”) and the User, in particular in connection with the creation, operation, and use of a user account.
Akkoola s.r.o. is the authorized operator and administrator of the lovec-realit.cz website, available at https://www.lovec-realit.cz (hereinafter referred to as the “Website”).
For the purposes of these Terms and Conditions, the terms listed below and capitalized shall have the following meanings:
Definitions
- Lovec-Realit.czhas the meaning set out in Article 1(1)
- Personal Datahas the meaning defined in the Personal Data Processing Policy
- Access Credentialshas the meaning set out in Article 3(4)
- Real Estate Agenthas the meaning set out in Article 6(1)
- Registration– the procedure for creating a user account as defined in these Terms and Conditions
- Website- the Lovec-Realit.cz website available at https://www.Lovec-Realit.cz
- Serviceshas the meaning set out in Article 2(1)
- User- a person who registers or has registered a user account; for the purposes of Article 7(1), also a person who does not register but expresses consent to these Terms and Conditions when using the Website
- User Account- a part of the Website named “Lovec-realit”, which is provided free of charge to exactly one User, created by Registration and made accessible after entering Access Credentials, and through which the User exercises the rights listed on the Website
2.Provided Services
Lovec-realit.cz offers in particular the following services on the Website, which the User may use:
Real estate listings;
Communication with other Website Users, in particular regarding:
Rent;
Sale.
Shared accommodation
Registration and maintenance of a User Account
3.User Account
The User has the right to create a User Account on the Website through Registration for the purpose of carrying out the activities listed in Article 2.
The User registers a User Account by completing at least the mandatory registration details on the Website, in particular first name, last name, Access Credentials, and then saving them. At the same time, the User must express consent to these Terms and Conditions and familiarize themselves with information on the processing of Personal Data. After saving the data, lovec-realit.cz will send confirmation of successful Registration to the User’s email address.
Contact details provided by the User during Registration will be published on the Website only with the User’s consent.
Access to the User Account is secured by Access Credentials consisting of the User’s email address and password (hereinafter referred to as “Access Credentials”). Both the User and lovec-realit.cz are obliged to keep the Access Credentials confidential.
The User is not entitled to provide their Access Credentials to third parties. If the User allows such access to a third party, even negligently, they bear responsibility for any misuse of the User Account or Access Credentials as if it were their own action and also bear all risks of contractual penalties imposed by lovec-realit.cz.
The User acknowledges that the User Account may not be available continuously, in particular due to necessary maintenance of the hardware and software of lovec-realit.cz or third parties.
The User undertakes not to publish any data whose content is contrary to the legal order of the Czech Republic and undertakes not to hold lovec-realit.cz liable for any legal claims of third parties arising from the publication of data entered by the User via the User Account.
If there is a change in the data used during Registration, the User is obliged to update it without undue delay in the relevant section of the Website.
It is presumed that the data provided by the User in the User Account is true and accurate. Responsibility for incorrect or false data rests solely with the User.
Lovec-Realit.cz reserves the right to refuse to publish or to remove data entered by the User on the Website if it meets one or more of the following conditions:
it is contrary to the legal order of the Czech Republic;
it is contrary to good morals or threatens public order;
its content conflicts with the legitimate interests of lovec-realit.cz.
Listings posted on the Website may be promoted on social networks and other media channels to increase reach to the target audience.
The User is entitled to request deletion of their User Account at any time in writing via the email address [email protected].
Lovec-realit.cz is entitled to cancel a User Account, in particular if the User does not use the User Account for more than one year or if the User breaches obligations arising from these Terms and Conditions or Special Terms and Conditions.
The User acknowledges and agrees that personal data associated with the Basic User Account will not be publicly available and will be disclosed only to the person with whom the User communicates on the Website; however, the User may grant consent to publish such data.
The User acknowledges and agrees that all listings published on the Website are transferred in anonymized form to the ownership of lovec-realit.cz, in particular for the purpose of providing them to third parties, business partners, or for other commercial purposes.
4.Messages Sent via the Website
Lovec-realit.cz reserves the right, as part of service improvement and anti-spam measures, not to deliver unsolicited or otherwise disturbing messages sent to Users via the Website.
The User agrees that, as part of service improvement and anti-spam measures, all messages sent between Users and other visitors of the Website via the Website are recorded and archived for a minimum period of one year.
5.Sending of Commercial Communications
Users may receive commercial communications via email related to services, goods, or the company lovec-realit.cz in accordance with Section 7(3) of Act No. 480/2004 Coll. on Certain Information Society Services. The User may unsubscribe from commercial communications at any time.
If the User expressly consents during Registration, they may also receive commercial communications from business partners of Akkoola s.r.o. The User may withdraw this consent at any time in writing at the registered office of Akkoola s.r.o.
6.Final Provisions
Final Provisions
The rights and obligations arising from these Terms and Conditions are governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. Any disputes shall fall under the jurisdiction of Czech courts, with the court of first instance being the court with jurisdiction over the registered office of lovec-realit.cz.
If one or more provisions of these Terms and Conditions become invalid, the remaining provisions shall remain valid. Only the invalid part shall be affected, and lovec-realit.cz undertakes to replace or supplement it so that the original purpose and intent are preserved.
The contractual relationship between lovec-realit.cz and the User is governed by the version of the Terms and Conditions published on the Website on the date the contract is concluded.
Lovec-realit.cz may amend or supplement these Terms and Conditions. The new version will be published on the Website and will become effective on the date of publication, replacing previous versions. Rights and obligations arising during the validity of previous versions remain unaffected. Users will be informed of significant changes by email; the significance of changes is determined by the Website.
Out-of-court resolution of consumer disputes is handled by the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The EU online dispute resolution platform at http://ec.europa.eu/consumers/odr may also be used.
These Terms and Conditions become effective on 11 July 2020.
7.Provisions Concerning Real Estate Agents
For the purposes of these Terms and Conditions, a Real Estate Agent means a person engaged in gainful real estate activity. Gainful real estate activity includes any activity performed for the purpose of achieving direct or indirect income or profit, including business activities, participation in a business entity, holding statutory or other corporate positions, employment or contractual work, participation in another person’s business, or acting in concert with another person, particularly involving the purchase, sale, brokerage, or rental of real estate, apartments, or non-residential premises.
A Real Estate Agent is not entitled to register a user account within the scope of their real estate activity. If the advertiser indicates that contact from real estate agencies is not desired (e.g. "No agencies"), the Real Estate Agent must not send advertising messages or business offers to the User via the Website. This provision does not apply to Real Estate Agents acting outside the scope of their real estate activity.
If a Real Estate Agent breaches the prohibition under Article 6 of these Terms and Conditions, lovec-realit.cz is entitled to a contractual penalty of CZK 20,000 for each breach, payable within 15 days from the date of breach. This does not affect the right to claim damages.
Lovec Realit is entitled to cancel the User Account of a Real Estate Agent and block delivery of their messages to Users without compensation.
The provisions concerning Real Estate Agents do not apply to municipalities and housing cooperatives. Legal entities managing real estate may individually agree on an exception with Lovec Realit.cz.