Terms & Privacy
Last Updated On 15-Dec-2022
Effective Date 15-Dec-2022
1. Introduction
Welcome to Biograd.Apartments. This document describes the terms and policies of AMoCha GmbH., Kolschitzkygasse 23, Vienna 1040, Austria, email: office@biograd.apartments, phone: +436703084871 on the collection, use and disclosure of your information that we collect when you use our website ( biograd.apartments ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.
The Service provides a platform for users to list, discover, and book accommodations in Biograd na Moru and surroundings. As a user of our website, you may be a guest, host, or both.
In this terms and privacy document, we will explain the services provided by the Service, the rights and obligations of our users, and how we collect, use, and protect personal information. We will also explain how we use cookies and other tracking technologies, and describe the third-party services that we use. We will also describe the user's rights with respect to their personal information, and explain how disputes can be resolved.
By using the Service, you agree to be bound by the terms and conditions set forth in this document. We encourage you to read this document carefully, and to contact us if you have any questions or concerns. If you do not agree to these terms, you may not use our website. Thank you for choosing the Service, and we hope you have a wonderful experience.
2. Services provided
The Service is a platform that allows individuals to rent out their properties or rooms to travelers. Some of the services provided by the Service include:
- A convenient way to find and book accommodations
- A wide range of properties to choose from, including apartments, houses, and rooms
- The ability to search for accommodations based on location, price, and other factors
- Detailed descriptions and photos of each property
- User reviews to help travelers make informed decisions
- Support from the Service’s customer service team
- Options for hosts to set their own pricing and availability
- Payment processing and protection for both hosts and guests
Overall, the Service provides a platform for people to easily find and book unique accommodations, and for hosts to earn extra income by renting out their properties.
As a guest, you can search for and book accommodations on our website. You are responsible for reading the listing descriptions and reviewing the host's terms and conditions before booking a property. You must also comply with the host's rules and any local laws while staying at the property.
As a host, you can list your property on our website and set your own terms and conditions for guests. You are responsible for accurately describing your property and maintaining its availability on our website. You must also comply with all applicable laws and regulations in relation to your property and its guests.
Please note that the use of the biograd.apartments platform is solely for the purpose of facilitating the communication between hosts and guests, and does not result in the creation of a booking contract. All booking contracts are entered into directly between the host and the guest. The listings and other information provided on the biograd.apartments platform do not constitute binding offers by biograd.apartments. It is the responsibility of the host and the guest to come to an agreement on the terms of the booking and to create a binding contract. biograd.apartments is not a party to any such contract and is not responsible for any agreements or disputes between hosts and guests.
3. Rights and obligations of users
As a user of the Service, you have certain rights and obligations that you must follow. These may vary depending on your specific location, but some common rights and obligations of the Service users include:
- The right to access and use the Service platform to find and book accommodations
- The obligation to follow the Service terms of service and community standards
- The right to expect a clean and safe property that matches the description provided by the host
- The obligation to treat the property with respect and follow any rules set by the host
- The right to leave a review of your stay and read reviews from other users
- The obligation to pay for the accommodations that you book, as well as any additional fees or charges
- The right to contact the Service's customer service team if you have any issues or concerns
Overall, as the Service user, you have the right to use the platform and expect a good experience, but you also have the obligation to follow the rules and treat others fairly.
We reserve the right to remove any listings or reviews that violate our terms of use or are otherwise deemed inappropriate. We also reserve the right to suspend or terminate the accounts of users who violate our terms or engage in fraudulent or illegal activities.
4. Personal information collected and used by the web portal
As a user of The Service, you may be required to provide certain personal information in order to use the platform. This information may be collected and used in a number of ways, while respecting the European General Data Protection Regulation (GDPR). Some of the ways in which the Service may collect and use your personal information include:
- To create and manage your account: When you sign up for The Service, you may be required to provide personal information such as your name, email address, and phone number. This information is used to create and manage your account, and to verify your identity.
- To process payments: If you book accommodations on the Service, you may need to provide payment information such as your credit card or debit card details. This information is used to process your payment and to protect against fraud.
- To communicate with you: The Service may use your personal information to contact you in order to provide information about your account, updates to the platform, or other important information.
- To improve the platform: The Service may use your personal information to improve the platform and the services it offers. This may include analyzing user data to identify trends and patterns, and to develop new features or services.
4.1 Information we collect
We may collect and process the following personal information about you if they were provided by you:
- Name
- Mobile
- Social Media Profile
- Date of Birth
- Address
- Payment Info
- Gender
- Language
- Personal info
- Currency
- Verification Document
4.2 How we use your information
We will use the information that we collect about you for the following purposes:
- Creating user account
- Processing payment
- Support
- Administration info
- Manage customer order
- Site protection
- User to user comments
- Dispute resolution
- Manage user account
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
4.3 How we share your information
We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:
- Analytics
- Payment recovery services
We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.
We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.
4.4 Retention of your information
We will retain your personal information with us for 90 days to 2 years after users terminate their accounts or for as long as we need it to fulfill the purposes for which it was collected as detailed in this document. We may need to retain certain information for longer periods such as record-keeping / reporting in accordance with applicable law or for other legitimate reasons like enforcement of legal rights, fraud prevention, etc. Residual anonymous information and aggregate information, neither of which identifies you (directly or indirectly), may be stored indefinitely.
Under the GDPR, you have certain rights with respect to your personal information, including the right to access, rectify, erase, or object to the processing of your data. You also have the right to withdraw your consent to the processing of your data at any time. The Service takes steps to protect your personal information and to ensure that it is only used in accordance with applicable laws and regulations.
5. Privacy and security of personal information
The Service is committed to protecting the privacy and security of personal information collected from its users. In order to comply with the European General Data Protection Regulation (GDPR), The Service has implemented a number of measures to ensure that personal information is processed in a fair, lawful, and transparent manner.
- Security measures: The Service uses industry-standard security measures to protect personal information from unauthorized access, use, disclosure, alteration, or destruction. This includes measures such as encryption, firewalls, and access controls.
- Data minimization: The Service only collects the personal information that is necessary for the purposes for which it is processed. This means that The Service does not collect more personal information than is necessary, and does not retain personal information for longer than is necessary.
- Data retention: The Service retains personal information for as long as is necessary for the purposes for which it was collected. Once the personal information is no longer needed, it is securely deleted or anonymized.
- Data subject rights: Under the GDPR, you have certain rights with respect to your personal information, including the right to access, rectify, erase, or object to the processing of your data. You also have the right to withdraw your consent to the processing of your data at any time. The Service respects these rights and will respond to requests in a timely manner.
Overall, The Service takes steps to ensure the privacy and security of personal information collected from its users, while respecting the rights of data subjects under the GDPR.
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
6. Use of cookies and other tracking technologies
The Service uses cookies and other tracking technologies to provide, improve, and protect its services. Cookies are small text files that are placed on your device when you visit a website, and that can be used to store information about your visit. Other tracking technologies may include web beacons, pixels, and local storage.
The Service uses cookies and other tracking technologies for a number of purposes, including:
- To improve the user experience: The Service may use cookies and other tracking technologies to remember your preferences and settings, to make the platform easier to use, and to provide personalized content and recommendations.
- To track usage and performance: The Service may use cookies and other tracking technologies to collect information about how the platform is used, including the pages that are visited, the links that are clicked, and the actions that are taken. This information is used to improve the platform and to diagnose and troubleshoot any issues. The Service uses tools such as Google Analytics to collect and analyze this information.
- To process payments: The Service uses third-party payment processing services such as Stripe to process payments made on the platform. These services may use cookies and other tracking technologies to securely collect and process payment information.
- To enable single sign-on: The Service offers the option to sign in using your existing Google or Facebook account. If you choose to do this, The Service will use cookies and other tracking technologies to securely link your The Service account with your Google or Facebook account, and to enable you to seamlessly sign in to The Service using your Google or Facebook credentials.
Overall, The Service uses cookies and other tracking technologies to provide, improve, and protect its services. However, The Service respects your right to object to the processing of your personal data for certain purposes, and provides tools to help you exercise this right. To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.
7. Third-party services used by the web portal
Our service includes features and integrations from third-party service providers. These third parties may collect, use, and share your personal information in accordance with their own privacy policies.
Some examples of third-party services we use include payment processing, analytics, and mapping. These services may collect information such as your IP address and device information for the purposes of providing their services to us and improving their own services.
We do not control the privacy practices of these third-party service providers, and their practices are not covered by this privacy policy. We encourage you to familiarize yourself with the privacy policies of any third parties whose services you use while using our service.
By using our service, you agree to the collection, use, and disclosure of your personal information by these third-party service providers in accordance with their privacy policies. If you do not agree to this collection, use, and disclosure, you may not use our service.
8. User rights with respect to personal information
When you use our service, you trust us with your personal information. We are committed to keeping that trust and to protecting your personal information in compliance with the General Data Protection Regulation (GDPR). This section explains your rights with respect to your personal information and how we use it.
We collect personal information to provide you with our services and to improve your experience. This information includes things like your name, email address, phone number, and payment information. We also collect information about your location and your device, such as your IP address and cookies.
We use this information to create your account, process your reservations, and enable communication between you and other users of our service. We also use it to improve our services and to protect against fraud and abuse.
Under the GDPR, you have certain rights with respect to your personal information, including the right to access, correct, or delete it. You can also object to the processing of your personal information or withdraw your consent at any time. To exercise these rights, please contact us using the information provided below.
In addition, you have the right to lodge a complaint with a supervisory authority if you believe that our processing of your personal information infringes on your rights under the GDPR.
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at AMoCha GmbH., Kolschitzkygasse 23, 1040 Vienna, Austria, email: privacy@biograd.apartments. We will address your concerns in accordance with applicable law. We take your privacy seriously and will do our best to address your concerns.
By using our service, you agree to the collection, use, and disclosure of your personal information as described in this privacy policy. If you do not agree to these terms, you may not use our service.
9. Dispute resolution
In the event of a dispute or disagreement regarding the collection, use, or disclosure of your personal information, we encourage you to first contact us directly to resolve the issue.
If you are not satisfied with our response or if we are unable to resolve the issue to your satisfaction, you have the right to lodge a complaint with the applicable supervisory authority in your jurisdiction. In the European Union, this is the Data Protection Authority in the country where you live or work, or where the alleged infringement of the GDPR occurred.
In addition, you have the right to seek judicial remedies, such as the right to bring a claim before a court, if you believe that your rights under the GDPR have been infringed.
By using our service, you agree to resolve any disputes or disagreements regarding the collection, use, or disclosure of your personal information in accordance with this dispute resolution section.
10. Liability
- The Service, acts as a platform to connect users looking for accommodations with users who have accommodations to offer. We are not a party to any agreements or transactions made between users of our platform, and we have no control over the quality, safety, or legality of the accommodations advertised on our platform.
- As a result, we cannot be held liable for any damages, losses, or harm that may arise from the use of our platform or from any agreements or transactions made between users. This includes, but is not limited to, damages arising from the use of accommodations, the actions or omissions of other users, or any breach of contract or other legal obligations by users.
- The Service provides tools and features to help users communicate with each other and make informed decisions, but we cannot guarantee the accuracy, completeness, or reliability of any information provided on our platform. We are not responsible for any errors or omissions, or for any consequences that may arise from the use of such information.
- In accordance with the European General Data Protection Regulation (GDPR), we will take reasonable steps to protect the personal data of our users. However, we cannot guarantee the security of any data transmitted over the internet, and we are not responsible for any unauthorized access or misuse of personal data.
- In the event of any disputes between users of our platform, we will not be involved in any way and will not be liable for any damages or losses arising from such disputes. Users are solely responsible for resolving any disputes that may arise between them.
- By using our web service, you agree to these terms and conditions of liability and accept all the risks and limitations of our platform. If you do not agree to these terms, you should not use our platform.
11. Governing law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Austria.
- Any disputes arising from or in connection with these terms and conditions or the use of the Service, shall be subject to the exclusive jurisdiction of the courts of the Republic of Austria.
- By using our web service, you agree to be bound by the laws of the Republic of Austria and to submit to the jurisdiction of the courts of the Republic of Austria for any disputes arising from or in connection with these terms and conditions or the use of our web service.
12. Changes to the terms and privacy document
- We reserve the right to update these terms and conditions and our privacy policy at any time, without prior notice. Any changes will be effective immediately upon posting on the Service.
- By continuing to use our web service after any changes are made, you agree to be bound by the revised terms and conditions and privacy policy. If you do not agree to the revised terms and conditions or privacy policy, you should stop using our web service.
- In accordance with the European General Data Protection Regulation (GDPR), we will provide notice of any material changes to our privacy policy and give users the opportunity to opt-out of such changes.
- It is your responsibility to check these terms and conditions and our privacy policy periodically for any changes. The date of the most recent update will be indicated at the top of this document.
13. Contact information for the web portal
If you have any questions or concerns about these terms and conditions, our privacy policy, or your use of our the Service, please contact us using the following information:
- Email: office@biograd.apartments
- Phone: +436703084871
In accordance with the European General Data Protection Regulation (GDPR), you have the right to access, rectify, erase, restrict, and object to the processing of your personal data. You also have the right to data portability and the right to file a complaint with the relevant supervisory authority. If you would like to exercise any of these rights, please contact us using the information above.
Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
14. Acceptance of the terms and privacy document.
By using our Service, you agree to be bound by these terms and conditions and our privacy policy. If you do not agree to these terms and conditions or our privacy policy, you may not use our web service.
In accordance with the European General Data Protection Regulation (GDPR), we will obtain your explicit consent to the processing of your personal data for the purposes described in our privacy policy. By using our web service and providing your personal data, you give your explicit consent to the processing of your personal data in accordance with our privacy policy.
If you are under the age of 18, you may use our web service only with the involvement and consent of a parent or guardian. By using our web service, you represent and warrant that you are at least 18 years old or that you are using our web service with the involvement and consent of a parent or guardian.
We reserve the right to terminate or suspend your access to our web service at any time, without prior notice, for any reason, including, but not limited to, breach of these terms and conditions or our privacy policy, or if we believe that your use of our web service is harmful to us or any other person or entity.