General terms and conditions Spa.cz - for partners

Valid from 16.06.2026

I. Introductory Provisions

  1. These General Terms and Conditions (hereinafter referred to as the „GTC“), together with the Special Terms and Conditions accepted or ordered by the Partner, or otherwise applicable to the Partner's Contract, constitute the Contract concluded between Online Holding s.r.o. (hereinafter the „Service Provider“) and the Partner (hereinafter the „Contract“) for services provided by the Service Provider to the Partner (hereinafter the „Services“).

II. Terms

The main terms defined below have the following meanings in the GTC:

Extranet means online access to software enabling the Partner to use the Service on the Portal. The Partner may display and set up relevant information about its Offer and publish its Offer on the Extranet provided to it. The Service Provider provides the Partner with data relating to Bookings and settlement between the parties via the Extranet.
Offer means the Partner's offer of individual accommodation units (e.g. rooms or other premises) at a specific accommodation facility, related services, or a package of services created by combining accommodation units of the accommodation facility with related services, for which the Partner uses the Service.
Basic Service means the Portal service.
GTC means these General Terms and Conditions, which generally govern the terms and conditions of business cooperation between the Service Provider and all its Partners. The current version of the GTC is available on the website www.spa.cz.
Confidential Information means the information specified in Section XII 1(b).
Other Platforms means online placements outside the Portal where the Partner's Offer may be displayed in connection with the Services (e.g. Google ads, Facebook ads, Partner interfaces, aggregator websites or real-time advertising).
Other Services means all other related services provided by the Service Provider to the Partner that are not Basic Services.
Special Terms and Conditions mean either (i) the terms and conditions set out in the Extranet, or (ii) the relevant Other Services agreed in another manner (e.g. via an email order), governing specific elements of the Contract between the Service Provider and the relevant Partner (e.g. Partner details, the amount of Commission, the Other Services used by the Partner, etc.).
User means a visitor to the Portal who is not a Guest.
User Content means articles, opinions, comments and reviews posted by Users in connection with the Partner's Offer and services, whether on the Portal or on any other interface.
Booking means the process described in Section VII on the basis of which a contract is concluded between the Partner and the Guest.
Replacement Service means a service that the Partner provides to the Guest at the same or a higher level than the original service specified in the Booking, in the event that the Partner cannot provide the original service as specified in these GTC.
Commission means the amount payable by the Partner to the Service Provider for the Guests' stays created through the Portal. The current Commission rate is shown in the Extranet.
Extranet Service means ensuring the Partner's access to the Extranet so that the accommodation Offers and related services offered by the Partner are displayed and made available on the Portal or parts thereof in accordance with the relevant provisions of the Contract, enabling Users to book them and thereby conclude a contract between the Partner and the User.
Partner means a person authorised to offer the rental of an accommodation facility/accommodation facilities in accordance with the laws and relevant legal regulations and records who enters into a Contract for the use of services in relation to the accommodation units operated.
Ranking means a set of criteria determining or influencing the ranking of Partner Offers on the Portal.
Portal means the online interface operated by the Service Provider together with the associated software solutions and databases, on and through which the Service Provider is authorised to provide the Services either independently or on a contractual basis.
Intellectual Property means the content (including design, layout, graphics and other visual elements, materials, software and other solutions used, ideas and implementations) appearing on the Portal, with the exception of (i) content uploaded by the Partner, (ii) User Content, and (iii) trademarks and other content belonging to parties other than the Service Provider displayed on the Portal.
Service Provider means the legal entity operating the Portal, the basic details of which are set out in Section XIX.
Contract means the entire Contract between the Service Provider and the Partner relating to the Services.
Services means the Basic Services and Other Services.
Online Bookings means the Service Provider's booking system enabling the creation of Bookings in real time.
Guest means a person who concludes a Contract on the Portal and uses the Partner's services, as well as the person who actually pays for the Partner's services.
Bookings on Request means the Service Provider's booking system based on the confirmation of enquiries.
Online Payment Service means the service provided by the Service Provider to the Partner consisting in the collection of payments from Guests on behalf of the Partner pursuant to the contract concluded between the Partner and the Guest in accordance with Section X of these GTC.
P2B Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services
DSA Regulation (EU) 2022/2065 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act)

III. Registration, Conclusion of Contract

  1. The contract between the Service Provider and the Partner for Basic Services is concluded when the Partner registers via the Portal's registration interface and accepts these General Terms and Conditions. The Service Provider may, at its own discretion and without stating reasons, decide not to accept a registration in the case of a specific natural person or legal entity, and thus no Contract is concluded between the person who wishes to register and the Service Provider in accordance with these GTC.
  2. In addition to providing the details requested by the Service Provider during registration, the Partner must provide information about all the accommodation facilities it operates that are to be published as part of the Online Booking service.
  3. The Contract (and all of its elements) is entered into online and is not stored or sent in paper form by the Service Provider.
  4. The Partner agrees and acknowledges that, in order to provide the Services, it must actively perform the actions set out in the General Terms and Conditions. The Partner undertakes to continuously monitor the information published or provided by the Service Provider.
  5. The Service Provider is entitled to enter into a Contract with other persons who are engaged in the same business as the Partner or who provide the same or similar services to those provided by the Partner.

IV. Extranet

  1. In the Extranet, certain specific terms of the Contract may be set or displayed, subject to the relevant conditions. The Partner can enter and set the parameters of the Partner's Offer for accommodation and related services on the Extranet and thus provide information, data and photographs presenting the Offer itself via the Extranet. The Partner may not include captions, contact details or logos on the image selected as the opening image for the Offer. If the Partner instructs the Service Provider by email to make changes or upload information to the Extranet, any such service provided by the Service Provider is provided on behalf of and for the account of the Partner, and the Partner remains responsible for all data and information uploaded to the Extranet.
  2. In connection with the Offer, the Partner must not publish on the Extranet or in any other way any data, information or contact details (telephone number, email address, website addresses, links, social media contacts, Facebook page, etc.) that are publicly available to Users and enable Users to contact the Partner directly. The Partner may not otherwise invite the Guest or User to contact the Partner directly. A breach of these provisions constitutes a material breach of the Contract.
  3. The Partner is obliged to comply with the relevant legal regulations in its activities pursuant to the GTC, in particular when uploading data and during all activities that can be performed on the Extranet, especially with regard to compliance with personality, copyright and consumer protection regulations.
  4. It is the Partner's sole responsibility to keep its password used to access the Extranet confidential and to make every effort to prevent its disclosure to unauthorised persons. The Partner is also obliged to ensure that the secret password is known and used only by persons who are authorised to take legal acts on the Partner's behalf and account in connection with the Contract. The Partner is liable for any damage resulting from a breach of the above.
  5. The Service Provider is obliged to take reasonable care to ensure that unauthorised third parties cannot alter the content of public data uploaded by the Partner.

V. Portal Service

  1. As part of the Portal Service, the Service Provider enables the Partner's Offer uploaded to the Extranet to be displayed on the Portal so that Users can search for and book it, and so that a Booking contract can be concluded between the Partner and the Guest.
  2. In connection with the Portal Service, an intermediation relationship is established between the Partner and the Service Provider, based on which:
    1. the Service Provider is required to independently broker contracts between the Partner and third parties (Users), conclude them on behalf of the Partner as an intermediary, and accept payments from Guests;
    2. the Partner is required to pay the Service Provider the fees and Commission specified in the Contract. The Contract does not qualify as a consumer contract, as neither party is a consumer. The Service Provider's activities do not constitute a payment service, as the Service Provider is an independent commercial agent acting solely on behalf of the Partner and is also authorised to conclude a contract between the Partner and the User (Guest).
  3. The Partner acknowledges and agrees that the Service Provider is entitled, at its sole discretion and following prior notification to the Partner, always in accordance with these GTC, to set out a set of conditions that determine the order in which the Partner's Offers are displayed on the Portal alongside those of other Partners, or that influence the order of the results ("Ranking"). The criteria are based on predefined conditions, apply uniformly to all Partners and operate automatically. The Ranking criteria are based on multiple factors; factors include, amongst others, the amount of Commission paid by the Partner, the ratio of the number of visitors to accommodation subpages displayed on the Portal to the total number of Bookings (hereinafter referred to as "Conversion"), the total number of days offered by the Partner to Users on the Portal over the next 365 days for the purpose of making a Booking (hereinafter referred to as "Availability"), Online Bookings or the Partner's response time to enquiries made by Users on the Portal (hereinafter referred to as "Booking Speed"). These parameters are considered key, as they directly reflect the quality and appeal of the Offer to Users and the Partner's level of reliability. Conversion measures Users' interest in a specific Offer; Availability ensures that Users can actually make a Booking; Booking Speed reflects the Partner's ability to respond to enquiries in a timely manner; and the amount of Commission affects the Offer's price competitiveness on the Portal. The Partner may achieve a higher ranking if its Conversion, amount of Commission, Availability and Booking Speed are higher. The amount of Commission may affect the Ranking in that a higher Commission set by the Partner in the Extranet contributes to a better position for the Offer within the Ranking. The Partner may set the amount of Commission for its individual Offers in the Extranet.
  4. The Service Provider reserves the right to display the Partner's Offer in higher positions in search results or on the Spa.cz homepage in order to increase sales of this Offer. The Service Provider may do so at its discretion and taking into account the commercial added value, i.e. in particular a comparison of Availability and price competitiveness compared with other Offers. This display is time-limited and free of charge. The display is designed and assessed by sales specialists on the basis of their professional expertise.
  5. In view of the above, the Partner may not raise objections, make claims or challenge the Ranking, the final order or any of the criteria on which the Ranking is based. This restriction does not apply to the Partner's rights under applicable law. It is forbidden to take any action that aims to influence the ranking of the results by artificial or manipulative means or by circumventing the provisions of the GTC. A breach of these provisions constitutes a material breach of the Contract.
  6. The Partner acknowledges that certain elements of the Platform's homepage (e.g. the "Special Offers", "New Arrivals" sections, etc.) and the top positions on themed subpages (before the user applies search criteria) display one or more selected Offers from Partners. The Offers shown are selected by a team of business specialists who, drawing on their expert knowledge of the relevant geographical area or market, take into account the following informally defined and non-automated criteria: excellent ratings (an average rating of at least 80%); relevance to the topic (our experts check the content and appearance of the Offer); consistent operation (the accommodation facility has a reputable standing). The order of accommodation establishments in this list is based on the standard ranking described in point 3 of this Section V.
  7. The Partner authorises the Service Provider to publish the parameters of the Offer uploaded by the Partner to the Extranet (including any photographs, illustrations, data and information, designations, numerical data, photographs and visual materials that are or may be protected by law) to the public, online and offline, in the manner and for the duration determined by the Service Provider, for the purpose of increasing the number of Bookings and promoting the Offer online and offline. Publication on Other Platforms is governed by the policies of those Other Platforms.
  8. The Service Provider is entitled, but not obliged, to make the Offer available in a foreign language. The Service Provider is entitled to prepare a presentation in a foreign language containing only relevant elements of the Offer. Such foreign languages can be English, German, Slovak, Polish and Hungarian. Translation into another language does not change the law applicable to the Contract. The layout of the Offer is independent of the language in which the Extranet is used.
  9. The Partner acknowledges and agrees that the Service Provider may, at its discretion, create special titles (e.g. Verified Spa, Spa Accommodation of the Year and others), which may be awarded to Partners or another partner of the Service Provider in accordance with the criteria set by the Service Provider (hereinafter referred to as "Special Title"). The Partner may use the Special Title for the period of time specified by the Service Provider. Unless the right to use the Special Titles is expressly cancelled, the right to use the Special Titles automatically terminates upon termination of the Contract. In such case, the Partner may no longer use or display a Special Title.
  10. The Partner will ensure that it is available to the Service Provider on the telephone or email contact details provided to the Service Provider for consultation, contact or quality assurance purposes. The Partner undertakes to provide the Service Provider with relevant information during these contacts.
  11. The Service Provider is entitled to send promotional and advertising materials about its own products or services to the email address provided by the Partner. The Partner is entitled to opt out of receiving promotional and advertising materials in accordance with the procedure described in the individual emails.
  12. The Partner is obliged to inform the Service Provider of any problem or circumstance which, for reasons arising within the Partner's sphere of influence, temporarily or permanently adversely affects or prevents the service provided to the Guest or the cooperation, contact with the Service Provider, or the use of the Portal or Extranet (e.g. renovation, maintenance, malfunction, unavailability of a room or service for any reason, poor internet connection, change of email address, telephone number, etc.). The Partner shall bear sole responsibility for any damages arising from failure to notify the Service Provider.
  13. The Partner is prohibited from using any system or solution that causes or enables downtime of the servers used to operate the Services, the Portal or the Extranet, or that otherwise jeopardises the proper operation of the Portal.
  14. The Service Provider reserves the right to modify or suspend the provision of any Intellectual Property and/or any element of the Service on the Portal at its sole discretion.
  15. The operation and management of certain parts of the Portal constitute an intermediation service. The Partner acknowledges that Users are entitled to use the Portal in accordance with the Terms and Conditions for Users and the Privacy Policy. The Partner declares that they have read the Portal's Terms and Conditions for Users and Privacy Policy, which are available on the website , and that they comply with them and keep abreast of any changes.
  16. The Partner acknowledges that the User and/or Guest may:
    1. view the Offers, request further information, request Offers;
    2. share the Offers and information with others on well-known social networks - Facebook, Instagram - or send them by email or through another communication channel;
    3. write texts, opinions, comments and reviews concerning the Partner's Offer and/or the services used by the Guest (hereinafter "User Content"); and
    4. make the Bookings stated in the Offer, subject to availability (dates and locations) listed therein.
  17. The Service Provider does not disadvantage or favour its own Offers over those of the Partner in terms of ranking, access to data or commission rates.
  18. The Service Provider may restrict, suspend or remove content (including content uploaded by the Partner - e.g. texts, photographs and videos about the Offer, and User Content - e.g. comments and Guest reviews) if the Service Provider identifies relevant content, based on notifications from third parties or authorities, or on random checks carried out by the Service Provider, in the following cases:
    1. Content that is unlawful under the relevant legislation of the Czech Republic and the EU, in particular:
      1. Infringement of Intellectual Property rights;
      2. Hate speech, discriminatory speech or material, and incitement to violence;
      3. Unauthorised sharing of intimate material;
      4. Breaches of consumer protection regulations;
      5. Misleading commercial practices or breaches of competition law;
    2. Breaches of these GTC, in particular:
      1. Providing contact details for direct contact in order to bypass the Portal;
      2. Providing false, misleading or incomplete information about the Offer;
      3. An Offer that is incomplete, vague, contradictory, misleading or unrealistic;
      4. Spam, fake reviews or manipulative practices;
      5. Inappropriate, offensive or unprofessional behaviour towards Guests or the Service Provider’s staff;
    3. Breach of other contractual obligations between the Partner and the Service Provider, including those set out in Section XV.
    4. Any restrictions on content will be applied carefully, objectively, proportionately and with due regard for fundamental rights, including freedom of expression and information.
  19. Reasons for content moderation decisions
    1. If the Service Provider restricts, suspends or removes content, or suspends or terminates the provision of the Service to a Partner, it shall provide the Partner concerned with clear and specific reasons containing:
      1. Identification of the content or account in question;
      2. The facts on which the decision is based;
      3. The reasons, i.e. the basis for moderation;
      4. Information on the scope and duration of the restriction;
      5. Information on the internal complaints handling system;
      6. Information on the right to judicial protection;
    2. The reasons will be provided without undue delay via the Extranet or by email to the Partner. A partner may lodge a complaint in accordance with point 1 of Section XVIII.

VI. Partner's Offer

  1. When registering accommodation facilities, the Partner is obliged to provide the correct and true names of the accommodation facilities it uses.
  2. The Partner is obliged to provide up-to-date and truthful information when uploading information and providing data. The Partner declares that the data, information, texts, images, videos and other Intellectual Property and parts thereof provided or uploaded by or on behalf of the Partner to the Extranet or otherwise in connection with the Service are correct, accurate, complete, true and that the Partner has the right to use them. The Partner undertakes to provide all data and information required under applicable legal or official regulations or otherwise important to the User or the Service Provider in connection with the Service. The Partner must state prices as gross amounts (net + VAT), including related information in other parts of the Extranet, so that the customer is informed of the total price including all taxes, fees and other similar monetary charges, in accordance with applicable law.
  3. The Service Provider has the right, but not the duty, to correct incorrect or erroneous data provided by the Partner that deviates from reality (including in the Extranet). If the data provided by the Partner is regularly false or incorrect, this is a serious breach of the Contract and grounds for termination. The Service Provider may omit or modify data that are contrary to the provisions of the Contract.
  4. The Service Provider is not liable for the display or non-display of the Offer if the Partner uploads or provides incomplete or incorrect data and information related to the Offer or if the display breaches the rules in the GTC.
  5. The Partner undertakes to keep the Extranet up to date with the latest information and data related to its Offer, including data on available and reserved capacities.
  6. The Partner is not entitled to publish Offers in the form of packages whose content is regulated under Czech law and which require a special license.

VII. Booking

  1. The Partner can choose whether to use Online Bookings or Bookings on Request in the Extranet.
  2. In the case of Online Bookings, Users may make an immediate Booking on the Portal for available dates specified and updated by the Partner in relation to an Offer uploaded by the Partner, at the prices and under the terms and conditions set out in the Partner's Offer. The Partner is responsible for ensuring that the information displayed on the Portal is up to date. A Booking made by the User is automatically accepted, thereby concluding a contract between the Guest and the Partner at the prices and under the terms and conditions displayed in the relevant Offer within the Partner's real-time booking system, subject to the Partner's available capacity. If incorrect information is given, a Booking cannot be refused.
  3. In the case of Bookings on Request, after the User has sent a Booking request, the Service Provider sends the User, on the basis of the Partner's authorisation, an automated email message which cannot be considered confirmation of the Booking. The Partner has until 12:00 noon on the business day following the start date of the Booking to respond to the Booking request. If no response is sent, the Booking request may be rejected by the Service Provider through automatic or manual processing. If the Partner accepts the Booking made by the User by clicking on the link in the email sent by the Service Provider and confirming the Booking on the booking page, the Service Provider shall, after acceptance, notify the User by automated email, thereby concluding the Booking and the contract between the Partner and the User. The User's request for a Booking is deemed cancelled or changed, i.e. a new request for a Booking, if the Partner or the Service Provider receives a statement to this effect from the User before the Service Provider sends the User an automated email message confirming acceptance of the Booking. If the Partner refuses the User's request for a Booking, the Service Provider is entitled to offer the User other accommodation.
  4. If the Partner, instead of confirming the Booking, contacts the User with another Offer, this is considered a rejection of the original Booking by the Partner and the start of a new Booking. If the User accepts the Offer, i.e. the new Booking, the Booking and the contract between the Partner and the User are concluded, and the Service Provider is entitled to Commission based on the content of the Offer.
  5. The Service Provider does not assume any obligations regarding the results of the Services. The Service Provider is not responsible for whether or not Users initiate Bookings and how many are made. Should such a result not be achieved, the Partner shall have no claim against the Service Provider on any grounds whatsoever, including claims for damages and loss of profit.
  6. If the Offer was displayed to the User in a clearly recognisable manner with an incorrect price containing a numerical typo and the Booking was made at this incorrect price, the Partner is entitled to reject the resulting Booking with the Service Provider's consent. The Service Provider is also entitled to cancel any such Booking made at an incorrect price. The party that initiated the cancellation of the Booking must inform the Guest and the other party, i.e. the Service Provider or the Partner, of the cancellation and the reason for it. Any advance payment already made during the Booking, or any other fee, will be refunded to the Guest.

VIII. Processing of Bookings

  1. If, after a Booking has been made and a response message has been sent to the Guest, contact takes place outside the Portal and this results in a material change to the terms of the original Booking, the Partner is obliged to inform the Service Provider of the content of this change. Such terms may include, but are not limited to, modified length of stay, modified arrival and/or departure dates, different number of Guests, modified package, etc. A breach of such provisions constitutes a material breach of the Contract.
  2. The Partner is obliged to inform the Service Provider without delay if it is unable to fulfil its original contractual obligation towards the Guest with a Booking. In such a case, the Partner is obliged to provide the Guest with a Replacement Service of the same quality or, where applicable, to provide the Guest with higher-quality accommodation free of charge (hereinafter the "Replacement Service"). The Replacement Service must meet the basic characteristics of the original service. Any additional costs associated with the use of the Replacement Service shall be borne by the Partner (e.g. the difference in price between the original and replacement accommodation, payment of additional travel costs of the Guest under the affected Booking or transport to the replacement accommodation, etc.).
  3. If the service provided by the Partner does not correspond to the service specified in the Offer, the Booking or the amended contract agreed with the Guest, or if the Partner is unable to provide a Replacement Service or the Guest does not accept it, the Partner shall compensate the Guest and reimburse the Guest for any adverse consequences, losses and costs incurred by the Guest in connection with the above. Damages and compensation due to the Guest will be paid at the time of the event. In the cases provided for in this clause, the Partner is obliged to notify and inform the Service Provider. The Partner is obliged to compensate the Service Provider for all claims, costs and damages incurred in connection with the above. This provision shall also apply where the Partner uses Online Bookings and fails to comply, or does not fully comply, with its obligation to keep the information up to date. A breach of this provision is deemed a material breach of the Contract.
  4. The Partner acknowledges that certain elements of the Platform's homepage (e.g. the "Special Offers", "New Arrivals" sections, etc.) and the top positions on themed subpages (before the user applies search criteria) display one or more selected Offers from Partners. The Offers shown are selected by a team of business specialists who, drawing on their expert knowledge of the relevant geographical area or market, take into account the following informally defined and non-automated criteria: excellent ratings (an average rating of at least 85%); relevance to the topic (our experts check the content and appearance of the Offer); consistent operation (the accommodation facility has a reputable standing). The order of accommodation establishments in this list is based on the standard ranking described in point 3 of this Section V.
  5. If, based on a statement by the Guest, the Partner is unavailable at the contact details provided and the Service Provider fails to contact the Partner in writing and by telephone within 3 days, the Guest has the option to cancel the Booking without having to pay penalties or cancellation fees.
  6. The Service Provider is not liable for damages caused by the Guest to the Partner or any other third party, in particular for non-use of the accommodation facility or for a breach of the terms and conditions of use.

IX. Commission

  1. In return for the use of the Portal Service, the Partner is obliged to pay the Service Provider a Commission based on the total price of the Bookings and/or the Guest's actual payment obligation to the Partner, as set out below.
  2. The Service Provider is entitled to a Commission if:
    1. the Booking has been completed; or
    2. the Partner does not notify the Service Provider that the Booking was cancelled or modified by the Guest;
    3. the Partner enters incorrect or false information via the Extranet due to errors or omissions;
    4. the Guest has actually used the service, but the Partner claims the opposite by mistake or for some other reason;
    5. the Guest otherwise incurs a payment obligation towards the Partner under the contract between the Guest and the Partner as a result of cancellation of the Booking;
    6. the contract between the Partner and the Guest has been amended without using the Service Provider's system.
  3. The Commission is calculated based on the total gross price of the Booking, including additional services and VAT.
  4. The amount of the Commission is stated in the Extranet. The Partner accepts the amount of the Commission during the registration process, and the Service Provider also states it in the registration confirmation email.
  5. If the Guest cancels the Booking prior to the planned stay (use) of the accommodation under the terms and conditions set by the Partner and no payment obligation to the Partner arises, the relevant Booking will be cancelled and no Commission will be due to the Service Provider. If the Guest:
    1. has not cancelled; or
    2. does not change the Booking through the Service Provider's customer service or through the online interface created for this purpose; or
    3. the Guest does not show up (no-show);

the Partner is obliged to notify the Service Provider of the cancellation, change or Guest no-show by the third day after the last day of the departure period under the original Booking, which the Service Provider is entitled to verify by contacting the Partner or the Guest directly. If this deadline is not met, the Service Provider is entitled to the Commission under the original Booking.

If the Guest actually uses the service, but the Partner mistakenly or otherwise indicates the opposite in the administration interface, the Service Provider may exercise its rights under the GTC and is entitled to the Commission. The Partner may prove that the information entered in the Extranet was not incorrect by sending the Guest’s cancellation notice to the Service Provider.

X. Online Payment

  1. The Online Payment Service is provided to all Partners using the Portal Services.
  2. The Partner authorises the Service Provider, acting as an intermediary, to accept advance payments from Guests on behalf of the Partner under the contract concluded between the Partner and the Guest for the purpose of creating a Booking. The Service Provider accepts payments from Guests solely as the Partner's commercial agent and on behalf of the Partner. The Service Provider does not carry out financial transactions on behalf of the User or Guests; it merely accepts amounts from Guests as the Partner's intermediary. Any payment made by the Guest shall be deemed settled upon receipt of the amount by the Service Provider. The Service Provider shall settle the amounts received with the Partner in accordance with the settings stored in the Extranet.
  3. In connection with online payments, the Guest may only use a payment method that allows funds to be credited to an account held in the Czech Republic. The system processes CZK only. If the Partner states another currency in the Offer, the Service Provider shall convert the amount at the time of Booking and debit it from the Guest's account in CZK at the exchange rate set by the Czech National Bank for the previous day, or at a fixed exchange rate set by the Partner in agreement with the Service Provider. The Partner shall have no claim against the Guest or the Service Provider for any costs or fees related to the above, whether in the form of an exchange rate difference or otherwise.
  4. As part of the Online Payment Service, the Service Provider ensures that the Guest can pay the amounts due to the Partner:
    1. by bank transfer; or;
    2. by debit or credit card.
  5. The Service Provider makes bank transfers to Partners from its own account in accordance with the billing and payment settings stored in the Extranet. No later than at the time of the bank transfer, the Service Provider shall provide the Partner with a statement indicating which items are included in the bank transfers, i.e. to which Booking they relate. The Partner may dispute the amount stated in the statement within a maximum of 2 days. If the Partner does not exercise the right to dispute the amount, the amount to be paid shall be deemed approved. Amounts paid by Guests shall be transferred by the Service Provider to the Partner in accordance with the terms set in the Extranet.
  6. The amount payable by the Guest corresponds to the total price of the Booking stated in the Offer. The Service Provider shall refund and transfer to the Guest's account, i.e. the sender's account, any amount exceeding the amounts due to the Partner under the contract concluded as a result of the Booking. If the Guest does not pay the amount stated in the Partner's Offer within the period defined in point X/7 of these GTC, this shall be deemed withdrawal from the Contract and the Guest's Booking shall be cancelled automatically and free of charge.
  7. The Partner shall allow the Guest to pay for the Booking without any entitlement to a cancellation fee within the periods set out below. If the Guest fails to pay the Booking amount within these periods, the Booking shall be cancelled free of charge and the Partner shall not request payment from either the Guest or the Service Provider:
    1. If the Guest makes a Booking on the day of arrival, i.e. the first day of the Booking, or one (1) to four (4) days before the first day of the Booking, the Guest is obliged to pay the amount under the Offer within 1 hour of making the Booking, exclusively by payment card. If the Guest fails to pay this amount on time, the Booking shall be deemed cancelled free of charge.
    2. If the Guest makes an accommodation Booking five (5) to ten (10) days before the first day of the Booking, the Guest is obliged to pay the amount under the Offer no later than midnight on the day on which the Booking is created. If the Guest fails to pay this amount on time, the Booking shall be deemed cancelled free of charge.
    3. If the Guest makes an accommodation Booking eleven (11) to thirty-nine (39) days before the first day of the Booking, the Guest is obliged to pay the amount no later than midnight on the third (3rd) day following the day on which the Booking is created. If the Guest fails to pay this amount on time, the Booking shall be deemed cancelled free of charge.
    4. If the Guest makes an accommodation Booking more than thirty-nine (39) days before the first day of the Booking, the Guest is obliged to pay the amount:
      1. no later than midnight on the fifth (5th) day following the day on which the Booking is created, in the case of a Booking of an Offer with cancellation terms requiring a non-refundable deposit. If the Guest fails to pay this amount on time, the Booking shall be deemed cancelled.
      2. in all other cases, i.e. Offers without a non-refundable deposit requirement, no later than the deadline corresponding to thirty-six (36) days before the first day of the Booking. If the Guest fails to pay this amount on time, the Booking shall be deemed cancelled.
    5. If the Partner allows payment for Bookings using FKSP and the Guest selects FKSP as the payment method for the accommodation Booking, the deadline for payment via FKSP shall be set individually by the Service Provider and the Partner.
  8. If the Guest makes a change to the Booking, this is deemed to be a cancellation of the original Booking and, at the same time, the creation of a new Booking. If a change is made to a Booking during a period for which a cancellation fee is charged, the Partner shall be entitled to the amount of the cancellation fee for the original Booking and the Guest shall be obliged to pay a deposit for the new Booking.
  9. The Partner does not pay the Service Provider any separate fee for using the Online Payment Service; the service fee is already included in the Commission.
  10. The Service Provider shall transfer the amount paid by the Guest from its account to the Partner. The Partner shall treat this amount as a payment made by the Guest. The Partner shall issue the Guest with an advance invoice and a final invoice for the amounts paid by the Guest.
  11. As part of the Online Payment Service, in addition to the amounts due to the Partner that the Guest has paid online, the Partner may charge only the part of the total Booking value that has not yet been paid by the Guest and any on-site services that are not included in the Booking.
  12. The Service Provider shall become involved in the refund or compensation process between the Partner and the Guest at the Partner's request or in the cases specified in the GTC.

XI. Payment Terms and Conditions

  1. The Service Provider shall send the Partner an invoice for the Commission and other charges on a monthly basis, after the final approval of the commission for the current month, or at individually agreed intervals. An invoice is sent electronically. The Partner shall receive the invoice at the email address it has provided. If the Partner informs the Service Provider in writing that it does not accept invoices sent electronically, the Service Provider will issue a paper invoice.
  2. The Partner is obliged to pay the Commission and other fees to the Service Provider by the deadline specified on the invoice. The Commission and other fees are deemed paid on the date they are credited to the Service Provider's account.
  3. Invoices must meet all requirements for a tax document and shall also contain: the Booking ID, the Guest's full name, the stay dates and the invoiced amount. If an invoice is issued for multiple Bookings, the details shall be stated separately for each Booking.
  4. The Service Provider is entitled to receive payments from third parties for the agreed stays.
  5. The Partner may submit a written complaint within 7 days of receipt of an invoice. The Partner must clearly state the reasons for the complaint about the invoice and attach all supporting documents. An invoice complaint may not be submitted in respect of an amount of Commission that has not been disputed by the Partner (Section IX, point 2). The Service Provider shall review the complaint and decide whether to accept it within five business days. If the Service Provider does not accept the invoice complaint, the Partner may apply to a court in accordance with these GTC.

XII. Data Protection and Confidentiality, Protection of Private Rights

  1. The Service Provider and the Partner agree to treat the following as trade secrets, subject to the exceptions set out in the GTC and with the exception of publicly available data made available to Guests or Users:
    1. the terms and conditions of the Contract;
    2. facts, information, data and any other information which, in the course of performing the Contract, a reasonable party may reasonably assume the other party would regard as confidential (hereinafter referred to as "Confidential Information"). For purposes other than the performance of its duties and the exercise of its rights under the Contract, neither party will use or disclose Confidential Information relating to the other party (unless required to do so by law, based on an authorisation or with the other party's prior written consent), the parties will treat it as a trade secret and take all reasonable measures to protect it. These provisions also apply to persons employed by the parties or in another employment-related relationship with them.
  2. The General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter the "GDPR") applies. The Service Provider and the Partner are independent controllers, and providing appropriate data protection information to Guests is the separate responsibility and obligation of both the Service Provider and the Partner. The Service Provider transfers Guests' personal data to the Partner solely for the purpose of performing the Contract. The Partner may not transfer such data to third parties or use them for other purposes, such as advertising or direct contact with Guests. The Service Provider and the Partner agree that once the data have been transferred to the Partner, the Service Provider is not liable for the lawfulness of the processing of such data by the Partner, and the Partner undertakes and warrants that the Guests' data, including data recorded separately by the Partner, will be handled within the framework of legal regulations for the specific purpose and for the permitted and necessary period of time. The Service Provider does not provide Guests with information about the handling of the Partner's data, only the Partner has this duty. The Partner is liable and is obliged to indemnify the Service Provider for all claims and damages arising from the Partner's breach of these data protection provisions.
  3. In order for the parties to enter into and perform the GTC, and for the Partner to use the Services, it is necessary for the Service Provider to process certain data concerning persons acting on behalf of the Partner, such as managing directors, employees authorised to place orders or sign documents, contact persons handling billing and financial matters, and Guests/agents handling Bookings, where such data are necessary for contact and for the provision of the Service. The Service Provider is considered the controller in this respect. The Partner provides the data and has the right to modify or delete them. It is the Partner's sole responsibility to ensure that, when using the Services, data are provided in accordance with the law and on the basis of appropriate information being given to the data subjects. The Service Provider is not obliged to verify whether these conditions have been met. The Partner is liable and is obliged to indemnify the Service Provider for all claims and damages arising from the Partner's breach of the aforementioned provisions.
  4. The legal basis for processing the data is the performance of the rights and obligations arising from the Contract between the Service Provider and the Partner, which is in the legitimate interest of both parties. Data processing means solely the use, storage and processing of business contact data directly related to the provision of the Service, as described above. The Partner may initiate a consultation with the Service Provider regarding its data management needs by sending an email to Partner@spa.cz.
  5. Scope of personal data processed:
    1. name, password, telephone number and email address provided to Guests during registration; first name and surname, region, email address and telephone number of contact persons, accommodation details (name, type, category, address), and billing details;
    2. in the case of a Partner operated by a natural person: first name and surname stated in the billing details, place and date of birth, birth surname, billing and postal address, tax number and billing email address;
    3. in the case of a sole trader, a natural person with a VAT number, a non-profit organisation or a Partner operated by a company: first name/company name, VAT number, company ID number, billing and postal address, billing email address and bank account number;
    4. data created by the person concerned during use of the Service, such as log files and message content.
  6. Data will be processed for the duration of the business relationship with the Partner and until the end of the third year following its termination, with the exception of data relating to tax regulations and data required under the Accounting Act for bookkeeping purposes, which will be processed for the period required by law in order to fulfil accounting obligations. The Service Provider will delete voluntarily provided personal data no later than three years after the matter has been resolved.
  7. Access to and use of data. Access to the personal data of customers (Guests) The Service Provider makes Guests' personal data available to the Partner to the extent necessary for the proper provision of the agreed services and to ensure a high standard of customer care. These data include:
    1. Identification details: the first name and surname of the main Guest and the names of all accompanying persons.
    2. Contact details: the email address and telephone number of the main Guest, for communication concerning the stay.
    3. Accommodation-specific data: the age of children, for the purposes of calculating the price, spa fees and preparing the appropriate type of bed.
  8. Conditions for the Partner's use of data. The Partner is entitled to use these data solely for the following purposes:
    1. Processing the Booking and checking the Guest in and out.
    2. Necessary communication with the Guest before arrival and during the stay, such as arrival instructions and dealing with unexpected situations.
    3. Compliance with legal obligations, such as reporting to the immigration authorities and keeping an accommodation register.
  9. Access restrictions from a CX (Customer Experience) perspective In order to maintain a high-quality customer experience, consistent communication and protection of the Guest's privacy, the parties have agreed on the following restrictions:
    1. Prohibition of marketing and the creation of parallel databases: The Partner is not authorised to use personal data obtained through the Portal to create its own marketing databases or to send commercial communications (email, SMS, letters) without the Guest's express and separate consent, given directly to the Partner at the start of the stay.
    2. Prohibition on customer poaching: The Partner undertakes not to use the Guest's contact details to offer more favourable pricing terms for the current Offer listed on the Platform with the aim of encouraging the Guest to make a direct booking with the Partner outside the Service Provider's Platform.
    3. Communication integrity: All communication with the Guest before the start of the Guest's stay concerning the parameters of a booking made through the Service Provider must be conducted professionally and must not disrupt the business relationship between the Guest and the Service Provider.
  10. Prohibition on marketing: The Partner may not use the contact details obtained to send commercial communications or conduct any other direct marketing without the Guest's prior demonstrable consent, given directly to the Partner.
  11. Partner's access to its own data. The Partner has access to personal and other data that it has provided in connection with the use of the Service or that have been generated in the course of providing the Service to the Partner and to Guests of its Offer. Access is provided through the Extranet for the duration of the contractual relationship and for 90 days after its termination. Thereafter, personal data in the Partner interface will be anonymised, with the exception of data necessary for accounting and tax purposes. The Partner does not have access to aggregate data on the operation of the Platform as a whole or to data belonging to other Partners.
  12. Service Provider's access to data. The Service Provider has access to personal and other data provided by the Partner or Guests in connection with the use of the Service or generated in the course of its provision. The categories of such data include, in particular, booking data, Guests' contact details, payment data, operational statistics and data on user behaviour on the Portal. The Service Provider uses these data solely for the purpose of operating and improving the Platform, preventing fraud, fulfilling statutory obligations and conducting statistical analysis. The Service Provider does not process the above data for any purposes other than those expressly stated here.
  13. Transfer of data to third parties by the Service Provider. The Service Provider transfers data to third parties only to the extent necessary for the provision of the Service. The third parties to which data may be transferred include, in particular, technical service providers, such as cloud storage providers, and payment service providers.

XIII. Copyright

  1. All content appearing on the Portal (including the design, layout, graphics and other visual elements, materials, software and other solutions used, ideas and their implementation) is the exclusive Intellectual Property of the Service Provider, with the exception of:
    1. (i) content uploaded by the Partner;
    2. (ii) User Content; and
    3. (iii) trademarks and other content belonging to parties other than the Service Provider displayed on the Portal.
  2. Except for display, temporary reproduction and private copying necessary for the intended use of the Service, the Service Provider's Intellectual Property may not be used or exploited in any other form without the Service Provider's prior written consent, and any such activity may result in civil and criminal proceedings.
  3. The Partner represents and warrants that the text, photographs, videos, graphics and other Intellectual Property uploaded by or on behalf of the Partner are the Partner's Intellectual Property or the Partner has the relevant right to use them in connection with the Service, and they do not breach any third-party rights. With respect to such Intellectual Property, the Partner grants the Service Provider the full right to use it to the extent necessary for the performance of this Contract and for the term of this Contract. The Service Provider is not obliged to exercise this right. The Partner is liable and is obliged to compensate the Service Provider for any claims and damages arising as a result of the Partner's breach of the above provisions or if the Partner has failed to provide truthful information.
  4. In the event of feedback, comments or requests from any Partner relating to the Service that are not Confidential Information sent, provided or otherwise made by the Service Provider, the Partner acknowledges and agrees, without revocation, that the Service Provider may use such feedback, comment or request to modify or improve the Service free of charge, unconditionally and in any form.

XIV. Additional Warranties, Limitations on Liability

  1. The Partner warrants that it is a duly registered and lawfully operating commercial company or natural person authorised to conduct business, that it carries out its business activities on the basis of the applicable laws, permits and authorisations and in compliance with all necessary notification obligations, and that the sale of its services and the conclusion of the Contract do not conflict with its obligations towards other persons, legal regulations and/or any decision of a competent authority.
  2. The Service Provider warrants that it is a legally registered and legally operating company pursuant to the legal regulations applicable to it and is authorised to carry out the activities pursuant to these GTC.
  3. The Service Provider provides the Service "as is" and assumes no liability for the accuracy, reliability, error-free operation, completeness or fitness of the Service for any particular purpose, including the software used in operating the Service and all content available within the Service. Furthermore, the Service Provider is not liable for errors and their consequences due to causes beyond its control, such as technical failures or outages in the Internet, technical outages, interruptions of any origin, destructive applications or programs put in place by others (for example: viruses, worms, macros or hacking activities).
  4. In accordance with the above, the Service Provider endeavours to ensure the continuity of the Service by all available technical means and resources, but is not liable for damage caused by an unavoidable external event beyond its control that prevents the work necessary for the operation or availability of technical resources, such as a strike, flood, earthquake, heavy rain, power failure, insufficient internet capacity, data transmission failure or other outage.
  5. In no event and on no legal basis may the Service Provider's liability to the Partner in connection with the Service exceed the total amount of Commission paid by the Partner during the 12 months preceding the assertion of the claim. Any limitation of the Service Provider's liability set out in these GTC shall not apply where limitation or exclusion of liability is excluded under mandatory provisions of Czech law, in particular in the event of harm caused intentionally or through gross negligence.
  6. If, under these GTC or any Special Terms and Conditions, the Partner is obliged to pay a contractual penalty, payment of the contractual penalty shall not extinguish the obligation secured by the contractual penalty, nor shall it affect the Service Provider's right to claim compensation for harm in full. The application of Section 2050 of Act No. 89/2012 Coll., the Civil Code, as amended, is excluded.

XV. Breach of Contract

  1. If the Partner breaches the terms of the Contract, including any provision of these GTC, and fails to cease such breach following a request from the Service Provider, the Service Provider is entitled to refuse to publish the Offer, or to suspend or remove an Offer that has already been published, and also to terminate the Contract in the manner set out below and cease providing the Services.
  2. Unless the relevant legal regulations provide otherwise, the Service Provider shall send the Partner a reasoned notice of termination in paper or electronic form at least 30 days before the date on which the termination takes effect. The Service Provider is released from the obligation to provide a reasoned notice if legal or regulatory provisions prevent it from doing so, or if the Partner has repeatedly breached the relevant contractual terms and such breach has led to the suspension or termination of the provision of the Services in their entirety. The notice must clearly and specifically state:
    1. the reasons for termination;
    2. the facts and circumstances on which the decision is based;
    3. the date on which the termination takes effect; and
    4. information on the options for lodging a complaint and the legal remedies available to the Partner.
  3. Termination with immediate effect may take place only if:
    1. the Service Provider is required by law to terminate the Contract without delay;
    2. the Partner repeatedly commits a material breach of the Contract; or
    3. the Partner's conduct directly and seriously jeopardises the security of the Platform, the fundamental rights of Users or the Service Provider's compliance with the law.
  4. In addition to a material breach expressly set forth in any part of this Contract, the following will be deemed a material breach:
    1. the Offer is manifestly incomplete, non-existent, insufficiently specific, contradictory, misleading, untrue, unrealistic, objectively unattainable or likely to damage the reputation of another natural person or legal entity; or it does not contain the minimum information necessary for an informed decision, such as the price or relevant accommodation parameters;
    2. the Partner provides incorrect or misleading data on the Extranet (incorrectly entered or unrealistically low prices that are not provided to the Guest after the Booking is made);
    3. the Partner charges a higher price than the price stated in the Booking;
    4. the Partner does not keep the information in the Extranet up to date in its system, which leads to Bookings being refused, including overbooking when using Online Bookings;
    5. the Partner continuously or periodically rejects Bookings by Guests (including where the Partner does not accept the Guest despite real-time confirmation or acceptance of the Booking);
    6. the Service Provider receives several serious complaints and/or reports from one or more Guests who have entered into a contract with the Partner, or the complaint concerns an exceptionally serious category of cases;
    7. any person acting on the Partner's behalf behaves in an inappropriate, abusive or unprofessional manner towards Guests or the Service Provider's employees;
    8. according to the Service Provider's objective and substantiated assessment, the Offer is incompatible with the Portal or with the Service Provider's image and spirit, is contrary to the principles of its business policy and/or directly or indirectly harms the advertising market and/or the Service Provider's business interests;
    9. the Offer cannot be fulfilled for technical or wide-ranging reasons;
    10. a formal or informal objection to the Offer has been raised by a public authority;
    11. the Partner will not return an amount due upon cancellation of a Booking or reimburse a Guest for any damage caused;
    12. the Partner breaches the warranty provisions of the GTC or repeatedly breaches any provision of the GTC;
    13. the Partner has an outstanding debt to the Service Provider;
    14. bankruptcy, liquidation, voluntary liquidation, compulsory winding up or judicial recovery is commenced against the Partner;
    15. the number of cancelled Bookings at the Partner's accommodation facilities is extremely high, i.e. the rate of cancelled Bookings differs by 30 percentage points compared to the average for the city and accommodation type during any consecutive 30-day period examined;
    16. the Partner incurs, for any reason, an undisputed obligation to reimburse the Service Provider, such as an obligation to refund a deposit, of which the Service Provider duly informs the Partner and which the Partner repeatedly fails to fulfil within the specified time limit or fails to fulfil after that time limit has expired.
  5. The Partner is obliged to indemnify and compensate the Service Provider for all claims, damages and costs arising from the Partner's breach of the Contract, including in the event that any authority punishes the Service Provider for the Partner's breach of the Contract.
    1. The Service Provider seeks to protect the interests of Partners and Users and to safeguard their fundamental rights by ensuring the security and reliability of content on the Portal. This provision applies to data uploaded by or at the request of any Partner or User.
  6. If the Service Provider imposes a restriction, suspension or termination relating to the Partner's Offer or Services in accordance with the GTC or the Contract, the Partner shall be given the opportunity to clarify the facts and circumstances through the internal complaint-handling procedure described in Chapter XVIII. If the Service Provider cancels the restriction, suspension or termination, it shall restore without undue delay all of the Partner's rights, including access to personal and/or other data to which the Partner was entitled before the restriction, suspension or termination took effect in connection with the use of the Services.

XVI. Duration of the Contract, Termination and Amendment of the Contract

  1. Unless expressly agreed otherwise, the Contract is concluded between the parties for an indefinite period of time, with the minimum duration of the Contract being 30 days.
  2. The Contract is terminated:
    1. by mutual agreement of the parties;
    2. by proper notice of termination given by either party;
    3. by extraordinary termination by the Service Provider under the terms pursuant to Article XV of the GTC;
    4. and, in the cases and under the conditions set out in the applicable legal regulations, by withdrawal.
  3. Proper notice of termination must be given with a notice term of at least 30 days. Proper notice of termination must be justified. The right to give notice of termination does not limit the Service Provider's right to suspend display in accordance with the GTC.
  4. The Service Provider enters into the Contract only with an accommodation facility operator and assumes that the persons making a registration are authorised to make legal declarations on behalf of the accommodation facility operator and to enter into the Contract. The Service Provider considers all communications that appear on the Extranet provided to the Partner to be legally effective declarations by the Partner. The Partner expressly acknowledges the legal validity of all declarations made by the Partner herein.
  5. If the operator of a registered accommodation facility changes, the parties and the new operator will consider this fact as a transfer of the Contract including all rights and duties. The Partner is obliged to inform the Service Provider about the change to the operator and, in case of a change to the operator, is obliged to inform the receiving party about the Contract with the Service Provider. The receiving party is entitled not to accept the transfer of the Contract and, in such case, the Partner is obliged to terminate the Contract. If the Service Provider does not object within 7 days of receipt of notification, it agrees to transfer the Contract concluded with the Partner to the new operator. In this case, or in the case of a consent issued by the Service Provider in another way, the transfer date will be deemed to be the date of transfer in relation to the Contract on the date of changes to the Extranet based on which the change to the accommodation facility operator (and the new operator's invoicing data) can be identified, after which the new operator is obliged to accept and fulfil open (not yet used) Bookings in accordance with the Contract. In respect of open (pending) Bookings, until the date of transfer, amounts paid by the Service Provider to the former operator under the Contract will be deemed to have been paid to the new operator for the purposes of the Contract; such amounts cannot be claimed by the new operator from the Service Provider and/or the Guest. As a result of the transfer of the Contract, the new operator undertakes to pay any amounts and fees due (which have not yet been paid by the previous operator) for Bookings made during its operation. The Partner will ensure that it informs the new operator of all existing Contracts, with the understanding that it is its duty, as the old operator, to terminate those elements of the Contracts that are not to be transferred. In the event of a change to the operator, the Partner, as the original operator, is obliged to pay invoices issued in its name for Bookings made while the new operator is operating and pay Commissions and fees for Bookings made while the new operator is operating, unless (i) and until such time as the changes necessary for the change of operator are made on the Extranet in relation to the accommodation unit in question following approval by the Service Provider and (ii) the Partner's Contract is otherwise transferred to the new operator. If the Partner breaches this provision, it will be considered a material breach of the Contract.
  6. Any amendment to these GTC will be published by the Service Provider on the Portal in the form of a notice at least 15 days before the amendment takes effect. Typos, grammatical errors, clarifications of terminology, renaming of terms and corrections to related provisions (including content requisites) in the text of the GTC are not considered amendments to the GTC. It is also not considered an amendment to the GTC if the Service Provider corrects data relating to it. Communication or publication of the GTC modified pursuant to these GTC, as well as communication or publication of amended or supplemented GTC in cases where the amendment or supplementation is necessitated by an amendment to legal regulations and/or an official act may be shorter than the 15-day period otherwise applicable in the GTC. The Partner expressly acknowledges and accepts this fact.
  7. If the Partner does not terminate the Contract (or, if the amendment concerns a severable and independently terminable part thereof, only that part) within 15 days of publication of the amendment to the GTC, the amendment shall become effective for the Partner. Notice of termination must clearly and expressly state that the Partner is terminating the Contract (or, if an amendment concerns a severable and separately terminable part of the Contract, is only terminating such part).
  8. Upon termination of the Contract for any reason, the parties will promptly settle their claims against each other. Upon termination of the Contract for any reason, the Service Provider shall remove all Offers of the Partner from the Portal and, to the extent managed by the Service Provider, from Other Platforms. Even after termination of the Contract, the Service Provider shall retain information shared by the Partner in the Extranet and, in the event of a change of operator, information concerning Offers and Intellectual Property that may be used by the new operator (including User Content or the Partner's Intellectual Property), as well as accounting documents related to the Contract, until the expiry of the mandatory retention period stipulated by legal regulations.

XVII. Final Provisions

  1. The rights set out in the GTC for the Service Provider are not exclusive and may be exercised jointly. If the Service Provider does not exercise a right set out in these GTC, this may not be construed as a waiver of the right.
  2. The Service Provider shall ensure that the Partner is familiar with these GTC by publishing the current and complete version of the GTC on the Portal and ensuring that the Partner always has access to them. Following an amendment, provided the Contract has not been terminated, continued use of the Services shall be deemed to constitute acceptance of the amended GTC.
  3. The information and documents referred to in the GTC links are available at www.spa.cz.
  4. Any related formulations serving to interpret or explain these GTC are for informational purposes only and cannot be relied upon to enforce rights. A legal relationship between the Service Provider and the Partner, as well as all situations arising from this legal relationship, may only be interpreted and assessed based on the text of the GTC.
  5. The GTC and the Contract between the parties are governed by Czech law. Disputes will be decided by the relevant Czech courts. Matters not covered by these GTC are governed by the applicable Czech legal regulations.
  6. The parties will endeavour to resolve their disputes amicably. Failing this, the jurisdiction of the Municipal Court in Prague is established for actions falling within the jurisdiction of a local court.
  7. These GTC remain in force until further amendments come into force or until the GTC are cancelled.

XVIII. Handling of Partner Complaints, Single Point of Contact (DSA)

  1. If the Partner has any complaints or comments, or wishes to report illegal content, in the latter case only through the channel designated as the contact point, the Partner may submit the complaint or comment by email, by post sent to the company's registered office, or by telephone using the following contact details: Partner@spa.cz / + 420 226 284 999. The Service Provider operates an internal complaint-handling system within the meaning of Article 11(1) P2B and Article 20 of the DSA.
  2. The Service Provider will promptly initiate an investigation of a complaint received and, if necessary, ensure a remedy. It will endeavour to respond to and resolve a complaint as soon as possible, but no later than 30 days after receipt in writing. It will state the reasons for rejecting a complaint.
  3. The Service Provider considers as consumer complaints only those complaints by Users against the Service Provider that are made against the Service Provider's procedures or systems. In the case of complaints regarding the Partner's actions, the Service Provider only provides support to the parties in mediating and resolving a complaint, such complaints are not considered complaints against the Service Provider.
  4. The Service Provider may attempt to resolve a dispute amicably with the Partner through an independent mediator, provided that the Service Provider has agreed to mediation in advance. If the Partner requests mediation and the Service Provider accepts the proposal, the mediation shall be conducted by one of the following mediators:
    1. Dr. Martina Doležalová, PhD, U Průhonu 827/5, Prague, https://mediatori.justice.cz/MediatorPublic/Public/FR011_DetailMediatora.aspx?MediatorID=63
    2. Dr. Anna Márová LLM, Myslíkova 1998/30, Prague, https://mediatori.justice.cz/MediatorPublic/Public/FR011_DetailMediatora.aspx?MediatorID=38
    3. Dr. Diana Lokajíčková, Saarinenova 5, Prague, https://mediatori.justice.cz/MediatorPublic/Public/FR011_DetailMediatora.aspx?MediatorID=298

The mediation shall be conducted in accordance with the applicable mediation regulations. The Service Provider shall bear a reasonable share of the total mediation costs, as agreed by the parties in each individual case.

  1. The Service Provider will provide Partners with the opportunity to lodge a complaint with the contact point against the following decisions made by the Service Provider on the grounds that the information provided by the Partner constitutes illegal content or does not comply with the Service Provider's terms and conditions for a period of six months after the decisions referred to in this paragraph:
    1. decisions concerning the removal of information, disabling access to information or restricting the visibility of information;
    2. decisions concerning the full or partial suspension or termination of the provision of the Service to the Partner;
    3. decisions concerning the suspension or termination of the Partner's presentation;
    4. decisions concerning the suspension, termination or other restriction of monetisation in connection with information provided by the Partner.
  2. Single point of contact for communication by electronic means with the authorities of Member States, the Commission and the Board within the meaning of Article 11 of the Digital Services Act and single point of contact for receiving removal orders under Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online: email: dsa@spa.cz Data mailbox box ID: 3rt9e3c

Official languages in which the contact point may be contacted: Czech, English.

XIX. Service Provider's details

ONLINE HOLDING s.r.o.

Kolbenova 882/5A, Vysočany, 190 00 Prague 9

Company ID No.: 02466490 / VAT No.: CZ02466490

Data mailbox box: 3rt9e3c

Email for Partners: partner@spa.cz

Email for authorities: spa@spa.cz

Revision history

Version valid from 16.06.2026 (shown)
Version valid from 22.07.2025 - View