GENERAL BUSINESS TERMS AND CONDITIONS

SKAU S.R.O.

PREAMBLE

Skau s.r.o., with its registered office at Račianska 1579/88 B, Bratislava – Nové Mesto District 831 02, Company Reg. No.: 55 040 101, registered in the Company Register of the City Court of Bratislava III, Section: Sro, File No.: 166233/B (hereinafter referred to only as “Skau”) for the provided services available under the Internet link: www.skauhouse.sk.

Skau is the service provider as well as the operator of the platform.

These General Terms and Conditions are issued by Skau in accordance with the legal regulations of the Slovak Republic in force and are intended to regulate the relations between Skau as the lessor/service provider and the interested party/customer. Relations between legal entities are governed by the applicable legal provisions of the Act No. 513/1991 Coll., the Commercial Code.

For the purpose of detailed regulation of the rights and obligations of the provider and the customer / customers, Skau issues these General Business Terms and Conditions (hereinafter referred to only as the “GBTs&Cs “) as of 1.11.2023.

Definitions

A. Skau is Skau, s.r.o., with its registered office at Račianska 1579/88 B, Bratislava – Nové Mesto District 831 02, Company Reg. No.: 55 040 101 registered in the Company Register of the City Court of Bratislava III, Section: Sro, File no.: 166233/B, which is the operator of the website and the provider of the related services and is further referred to in these GBTs&Cs as “Skau”, or the “Company”, or the “Provider”.

B. The Client or the User is a legal entity, or a natural person interested to rent real estate properties published by Skau through the company’s website.

C. The Service shall mean the services listed on the company’s website which Skau may provide (e.g. services connected with lease).

D. Electronic order or Reservation means the sent electronic form containing information about the user, the designation of the real estate property offered for lease from the Skau offer and the total price of the created order.

E. Booking with payment means the order that has already been paid for by the user via their payment card and that is limited in time. After the expiration of the time limit, the user’s right to the refunding of the sum of the effected payment shall become extinct.

F. GDPR means the General Data Protection Regulation, the full name of which is the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, repealing the Directive 95/46/EC, is the regulation of the European Union, the aim of which is to significantly increase the protection the Regulation of the European Parliament and of the Council of the Council (EU ) 2016/679, in force and effect from 25 May 2018.

G. The Act means the Act No. 18/2018 Coll. on the Personal Data Protection in the wording of subsequent legal regulations.

H. Confidentiality means that personal data are protected against unauthorized access.

I. Information security means the maintaining of the confidentiality, integrity, and availability of information; in addition, it may also refer to other properties such as authenticity, traceability, impossibility of denying responsibility and reliability.

J. Disposal of personal data means the cancelling of personal data by disassembling, erasing or physically destroying of tangible media so that personal data cannot be reproduced from them.

K. Resilience of systems means that systems are resilient when they are resilient to such an extent that their functionality is ensured even in case of intensive access or heavy burden.

L. Encryption means the transformation of personal data in such a way that reprocessing is possible only after entering a selected parameter, such as a key or a password.
M. The supervisory body is: STI (Slovak Trade Inspection) for the Bratislava region
Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, Supervision and Legal Department: ba@soi.sk, Tel. No. 02/58 27 21 72, 02/58 27 21 04, Fax No. 02/58 27 21 70

1. Business relations (as well as other legal relations that may arise from them) with natural persons who do not act, when establishing business relations, in accordance with these GBTs&Cs within their line of business are subject to special regulations, such as the Consumer Protection Act, in addition to the general provisions of the Civil Code.

2. Business relations (as well as other legal relations that may result from them) with legal entities, or with natural persons – entrepreneurs are subject to the provisions of the Commercial Code in particular, or of the Civil Code.

3. These General Business Terms and Conditions constitute an integral part of every concluded individual order, contract for the provision of services and other types of potential contracts concluded with Skau.

ARTICLE 1

INTRODUCTORY PROVISIONS

1.1 By accepting these GBTs&Cs and concluding individual types of contracts, you agree to the conditions contained therein.

1.2 The General Business Terms and Conditions also include the Personal Data Protection Policy (hereinafter referred to only as the “PDPP”) and other additional conditions published by Skau at any time during the operation of the web platform as a link in these General Business Terms and Conditions or in another way.

1.3 By confirming these GBTs&Cs, you confirm and guarantee that you are authorized to enter into a valid contract with Skau, which is created by confirming these GBTs&Cs, in accordance with the generally binding regulations of the Slovak Republic in force and the country of your citizenship or residence. If you conclude a contract as a representative of another person/entity, then by confirming these GBTs&Cs, you confirm and guarantee that you are authorized to represent such person/entity. If you confirm these GBTs&Cs on behalf of a company or other legal entity, you confirm and guarantee that you are authorized to enter into a valid contract with Skau on behalf of such entity, which is created by confirming these GBTs&Cs. At the same time, you undertake to comply with and observe all rules, conditions, obligations, commitments, statements, and guarantees stated in these GBTs&Cs.

1.4 Skau is entitled to unilaterally change or modify these GBTs&Cs at any time. The GBTs&Cs amended in such way will enter into force and effect at the moment of their publication on the website and with each new order of service, goods, assignment of work, etc. you agree with these new GBTs&Cs. Everyone is obliged to familiarize themselves with the new General Business Terms and Conditions.

1.5 If you do not agree with any of the conditions stated in these General Business Terms and Conditions, you should contact Skau without undue delay and to negotiate the conclusion of an amendment that will possibly deal with your objections.

1.6 The client undertakes to comply with all obligations resulting from regulations on occupational safety and health, property protection and fire protection, in particular from Act No. 124/2006 Coll. on Occupational Safety and Health and on amending and supplementing certain laws, as later amended, from the Act No. 314/2001 Coll. on Fire Protection, as later amended, and the Decree of the Ministry of the Interior of the Slovak Republic No. 121/2002 Coll. on Fire Prevention as later amended.

Article 2

ORDER, CONTRACT CONCLUSION AND BOOKING

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2.1 The buyer is entitled to make a reservation through the website, by selecting the real estate property and its number of nights, choosing the method of payment for the rental of this property, choosing an additional service, paying the purchase price, and filling in the user’s contact information on the website.

2.2 The condition for ordering via the website is the correct and complete filling in of all data and information required by the system when placing a separate order.

2.3 All received electronic orders are considered a special draft purchase contract and by sending them you express your unconditional consent to these GBTs&Cs.

2.4 After individual orders have been sent, they will be gradually processed by Skau and confirmation of receipt of the binding order will be sent to your e-mail. All other possible information regarding the received order will be sent to the e-mail address you provided, such as information about the payment / non-payment of the received order.

2.5 Skau hereby reserves the right to unilaterally withdraw from the concluded contract, which was created by sending the order, without stating a reason, and thus will have no obligation to provide the ordered service.

2.6 Skau is permitted to authorize any received order by e-mail or phone number. If this order is not authorized after such call, Skau has the right not to comply with this order and will therefore consider it invalid.

2.7 In individual cases of ordering services, the customer will be charged an adequate advance by agreement. In the case of cancellation of an ordered service, the customer is not entitled to a refund of the already paid advance, which the customer unconditionally agrees to.

2.8 Skau has the right to cancel the order if, due to unavailability, it is unable to provide the service to the user within the period specified by these GBTs&Cs or at the time indicated on the Internet platform, unless it agrees with the user on alternative benefits. The user will be informed about the cancellation of the order by phone and/or e-mail. In the case of transfer to a bank account, the sum of payment will be refunded.

2.9 If the buyer has paid the full price for the ordered service and Skau fails to provide such service to the buyer, the paid price will be refunded to the buyer.

2.10 The purchase contract itself is concluded by sending the booking to the user. The user, a natural person, is entitled to withdraw from the contract within 14 calendar days from the date of booking within the meaning of Section 7 of Act No. 102/2014 Coll. Such withdrawal is not valid if the deadline for withdrawal overlaps with the booked date of using the real estate property.

2.11 The user undertakes to pay the price of the services as well as the price of additional services according to the chosen method of payment and the method of service provision.

2.12 Skau has the right not to deliver the ordered services until the full price has been credited to its bank account.

2.13 The user undertakes to observe the specified hours for check-in and check-out. Check-in is to take place from 3:00 p.m. until 6:00 p.m. Check-out can take place from 8:00 a.m. until 10:00 a.m.

2.14 The user undertakes to return the key for the individual apartment to the designated and marked safe box, i.e. to the box from which the user took the key in question. In case of the loss of the key, failure to return it, etc. it is obliged to pay all costs associated with the replacing of the door insert, the opening of the door, etc. The user is also obliged to compensate Skau for any damage caused during the period of using the real estate property in question.

ARTICLE 3

INTELLECTUAL PROPERTY LAW

3.1 Skau is the exclusive owner or holder of all property rights and other intellectual property rights to the Service and any part thereof, the content of the Service, trademarks, and logos of the Service.

3.2 As the user of the Service, you are not authorized to change or in any other way to modify the source or the object code of the Service and attempt their reverse translation, or otherwise interfere with its functionalities.

3.3 If you find that any content of the Service violates your property rights or intellectual property rights or the rights of a person/entity you are authorized to represent, you are authorised to notify Skau of such fact and verifiably request Skau to remove such content from the Service. Skau is not obliged to comply with such request if:

3.3.1 you fail to submit all identification information about you or the owner or holder of the rights to the content you represent, including contact information;
3.3.2 you fail to prove with sufficient credibility that you or the person/entity you represent is the owner or authorized holder of the rights to the content in question;
3.3.3 you do not identify with sufficient precision the content that infringes your rights or the rights of the person/entity you represent and that you request to be removed or access to which you request to be restricted;
3.3.4 you fail to submit a signed statement that, to the best of your knowledge, the content you request to be removed or restricted infringes your rights or the rights of the person/entity you represent and that you will indemnify Skau against any damages and costs incurred by Skau as a result of complying with your request for removal or restriction of the content;
3.3.5 you fail to submit a written power of attorney or other document that proves that you are authorized to represent the owner or authorized holder of the rights to such content.

ARTICLE 4

PERSONAL DATA PROTECTION

4.1 As the controller, Skau will process personal data to the extent necessary. Skau processes personal data within the meaning of legal regulations in force and in accordance with the Act No. 18/2018 Coll. on the Protection of Personal Data and on amending and supplementing certain laws and the REGULATION OF THE EUROPEAN COUNCIL OF THE PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the Protection of Natural Persons in the Processing of Personal Data and on the Free Movement of Such Data. How Skau processes personal data may be found in the Personal Data Protection Policy section of the company’s website.

4.2 Skau declares that it has adopted adequate technical, organizational and personnel measures corresponding to the way of processing personal data, taking into account in particular the applicable technical means, the confidentiality and the importance of the processed personal data.

ARTICLE 5

CONFIDENTIAL INFORMATION

5.1 The contracting parties undertake to consider the information they obtain during the creation and implementation of the content of the Contract as confidential information within the meaning of provisions of Section 271 of the Act No. 513/1991 Coll., the Commercial Code as later amended. At the same time, they undertake not to disclose such information to a third party and not to use them in conflict with their purpose for their own needs.

5.2 In relation to third parties, the contracting parties are obliged to maintain confidentiality about all facts that they learned about in the performance of their obligations under the contract, and which relate to the other contracting party, its business activities, suppliers, subcontractors, contractual partners, contractual relationships, clients, agents, employees, internal structure, know-how, projects, business strategy, economic and financial situation, projects, databases, or about other written or verbal facts, the confidentiality of which the contracting party has exchanged by designating these facts as “confidential”, or of the nature which it follows that they should remain confidential, or those whose disclosure could inflict damage upon the contracting party. At the same time, the contracting party is obliged to refrain from announcing, making available and using confidential information for themselves or for another for the purposes other than the fulfilment of the contract.

5.3 The contracting parties undertake not to violate the trade secret of the other contracting party, especially by unauthorized notification, disclosure, use for themselves or others.

5.4 The provisions of this Article continue to be in force and effect even after the termination of the contract for any reason, the right to the trade secret exists as long as the facts established by law that characterize the trade secret exist.

ARTICLE 6

PAYMENT TERMS

6.1 The user undertakes to pay the price to Skau within the deadline set on Skau’s web portal. In case of failure to pay the price, Skau may withdraw from this contract and is entitled to claim damage compensation from the user.

6.2 In the case of an individual agreement between the user and Skau, the user undertakes to pay the agreed price in accordance with the delivered invoice. In case of failure to pay such price, Skau may withdraw from this contract and is entitled to claim damage compensation from the user.

6.3 The price is considered paid on the day the total amount is credited to Skau’s bank account.

6.4 Payment will be made through the payment gateway provided by ČSOB Bank a.s..

6.5 In the event that the user is late with the payment, Skau is entitled to the payment of late interests in case of legal entities in the amount of 0.5% of the owed amount for each, even a started day of delay, and in case of natural persons, the legal interest for late payment will be applied. The right to compensation for damage shall not be hereby affected, neither in the case of payment of the above-mentioned interest.

ARTICLE 7

COMMUNICATION AND DELIVERY

7.1 If it does not follow from these GBTs&Cs that an action may also be performed verbally, any acts, notifications, and other necessary or voluntary correspondence carried out in accordance with the GBTs&Cs and based on them (hereinafter referred to only as the “Notifications”) will be carried out electronically in writing. Electronic communication and delivery carried out in accordance with these GBTs&Cs, specifically according to this GBTs&Cs Article, are also considered to be compliant with the written form of notifications.

7.2 Skau will communicate by virtue of notifications that may be delivered in the following way:

7.2.1 personally, or
7.2.2 by courier, or
7.2.3 by registered mail, or
7.2.4 by e-mail, or
7.2.5 through a website within a specific user account
7.2.6 through text messages using the contact data provided by the contracting parties.

7.3 The contracting parties agree that the delivery via the website within a specific user account, in particular but not limited to calls for payment, invoices, settlement of payments, orders for a specific real estate activity (such as draft contract), notices of contract breaches, orders, instructions and operator guidelines, etc.

7.4 For the purposes of the GBTs&Cs and the contract, notices will be considered delivered on the day of:

7.4.1 confirmation of the delivery to the addressee if they are delivered personally; or
7.4.2 confirmation of the delivery to the addressee if they are delivered by a courier; or
7.4.3 confirmation of the delivery to the addressee, if they are delivered by registered mail, by other mail on the 10th day after sending; or
7.4.4 confirmation of e-mail sending, if delivered by e-mail.

7.5 For the contractual purposes, the user agrees to receive communications from Skau via electronic devices. At the same time, the user agrees that all agreements, notices, disclosures, and other communications that will be provided to the user electronically meet all statutory requirements, unless applicable laws expressly require other form of communication.

ARTICLE 8

ALTERNATIVE DISPUTE RESOLUTION

8.1. If the client – consumer, a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of its line of business, employment or profession (hereinafter referred to only as the “Consumer”), is not satisfied with the way in which the controller as a seller handled its complaint or believes, that the controller has violated its rights, the consumer has the right to contact the controller as a seller with the request for rectification.

8.2. If the controller responds negatively to the request for rectification or does not respond to it within thirty (30) days from the day it was sent, the consumer has, in accordance with Section 12 of the Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on amending and supplementing certain laws, the right to file a petition to initiate an alternative resolution of one’s dispute.

8.3. The relevant entity for alternative resolution of consumer disputes with the controller within the meaning of Section 3 of the Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes, e.g. the Slovak Trade Inspection (www.soi.sk) or other relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskychsporov/146987s ), while the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes it will turn to.

8.4. At the same time, the consumer may use the online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr/, to file a petition for an alternative resolution of their dispute. The consumer can find information about fees for such petition on the website of the specific alternative dispute resolution entity.

8.5. The value of the dispute, which is settled by alternative dispute resolution, must exceed the amount of twenty (20) euros. The alternative dispute resolution entity may demand from the consumer a fee for initiating an alternative dispute resolution of a maximum amount of five (5) euros, including value added tax, at the earliest with sending the notice of the commencement of alternative dispute resolution.

8.6. Only the consumer may demand the resolution of disputes from some of the alternative dispute resolution entities.

ARTICLE 9

COMMON AND FINAL PROVISIONS

9.1. Skau is entitled to assign or transfer rights from these GBTs&Cs to any other person/entity at any time. As a user, you are not entitled to transfer or assign any rights from these General Business Terms and Conditions or from the concluded contract on the assignment of a receivable under these General Business Terms and Conditions to a third party without the prior written consent of Skau.

9.2. These GBTs&Cs constitute the entire and the only agreement between you as the user and Skau and supersede any prior written or oral agreements or arrangements.

9.3. On the basis of these GBTs&Cs, a contractual relationship is established between you and Skau, which is governed by laws of the Slovak Republic. Skau and the user of the Service undertake to resolve disputes related to the subject of business relations preferably always outside judicial or administrative proceedings, i.e. they will always attempt such resolution. The parties undertake to resolve any disputes arising during the implementation of specific business relations primarily by peaceful means. However, if such resolution is not possible, all disputes concerning claims arising from these GBTs&Cs or the use of the Service or related to these GBTs&Cs or the Service will be exclusively subject to the competence of the courts of the Slovak Republic. Both you and Skau agree to submit such disputes to the jurisdiction of these courts.

9.4. These GBTs&Cs constitute an integral part of every contract and order concluded between the company and the buyer.

9.5. The buyer and Skau are obliged to inform each other in writing of all changes in their contact and other data, which are required when concluding or amending the contract; for the avoidance of doubt, the company will do so by publishing an updated version of the GBTs&Cs on the website.

9.6. Every provision of the contract, including these GBTs&Cs, shall, to the extent possible, be construed to be in force and effect in accordance with legal regulations in force. However, should any provision be unenforceable or invalid according to legal regulations in force, it will be ineffective only to the extent of such unenforceability or invalidity, and the other provisions will continue to be binding and fully valid and effective. In the event of such unenforceability or invalidity, the contracting parties will negotiate in good faith to agree on amendments or supplementations of the wording of the contract that are necessary to implement its intentions in terms of such unenforceability or invalidity, if the possibility of such modification does not arise directly for the user of the Service according to these GBTs&Cs or from other provisions.

9.7. Each contracting party treats the information it receives from the other contracting party on the basis of the contract as confidential information and does not provide it to third parties without the prior written consent of the other contracting party. This obligation of confidentiality does not apply to (i) information that the contracting party already had lawfully at its disposal at the time of its notification, and (ii) publicly known information (which did not become publicly known as the result of a breach of the obligation to maintain confidentiality). The obligation to maintain confidentiality about confidential information resulting from this provision remains preserved for the period of 5 (five) years after the expiration of the specific concluded contract. It is not considered a breach of confidentiality if confidential information is made available to the necessary extent to the legal representative, tax advisor or auditor of the contracting party if such persons are verifiably bound by the contracting party to the duty of confidentiality.

9.8. These General Business Terms and Conditions constitute an integral part of every contract concluded between the contracting parties.

9.9. The terms used in these GBTs&Cs have the meaning assigned to them in the relevant definition given in these GBTs&Cs or in the contract, both in the singular and in the plural.

9.10. Unless the context of the contract or GBTs&Cs states otherwise:
9.10.1 any reference to a person (including a contractual party) also includes its legal successors, as well as assignees and assignees of rights or liabilities who have become assignees or assignees of rights or obligations in accordance with the contract and laws, of that contractual party, to the rights or duties they have entered into;
9.10.2 each reference to any document means the relevant document in the wording of its amendments and other changes, including updates;
9.10. 3 any general reference to the contract, i.e. without stating a specific provision of the contract text, is considered a reference to the comprehensive wording of the contract as such, i.e. including these GBTs&Cs.

9.11. In the event of any inconsistencies or ambiguities or contradictions between two or more conditions governed by these GBTs&Cs and the orders, instructions and guidelines of the website operator, these GBTs&Cs shall prevail.
9.12. These General Business Terms and Conditions shall cease to be effective upon the entry of subsequent business terms and conditions into force.