By using the Service offered on the Platform provided by Hotelbuddy Technology OÜ (registry code 16202409, "Hotelbuddy", address Pärnu mnt 105, 11312, Tallinn, Harju County, Republic of Estonia) available at app.hotelbuddy.eu and its sub domains, you agree to these Terms. Please read the Terms carefully prior to using the Platform and the Service and do not use the Platform and the Service if you do not agree with the Terms.

DEFINITIONS

"Accommodation Agreement" is an agreement entered into between the User and the Partner for the purchase of accommodation services and supplementary goods and services offered by the Partner.

"Hotelbuddy" is Hotelbuddy Technology OÜ (registry code 16202409; registered address registry code 16202409, address Pärnu mnt 105, 11312, Tallinn, Harju County, Republic of Estonia; e-mail hello@hotelbuddy.eu).

"Partner" is a person who provides accommodation services and supplementary goods and services to the Users under relevant Accommodation Agreements.

"Platform" is a Service platform developed and administered by Hotelbuddy and available at app.hotelbuddy.eu and its subdomains, via which the Partner and User may manage the execution of Accommodation Agreements, the services provided thereunder and other aspects related to the Accommodation Agreements, which are described in the Terms.

"Service" is the service of offering the use of the Platform to the Users. 

"Terms" means these terms of use of the Service and the Platform.

"User" or "You" means a person who uses the Service via the Platform.

1. DESCRIPTION OF THE SERVICE

1. 1. The Service offered by Hotelbuddy is an information society service that allows the User to manage the execution of Accommodation Agreements, the services provided thereunder and other aspects related to the Accommodation Agreements, which are described in the Terms. The Platform does not enable the Users to browse and book accommodation services and to enter into Accommodation Agreements. The Accommodation Agreement between the User and the Partner is entered into prior to the User using the Platform, whereas the User has the possibility to use the Platform only after booking accommodation services with the Partner and upon receiving a respective invitation link (as described in the Terms). Notwithstanding the foregoing, by using the Service, the User and Partner shall be deemed to have amended the Accommodation Agreement so that the User agrees to the provision of information related to the Service (including these Terms) in the English language.

   2. Any goods and services selected and/or ordered via the Platform by the User shall be provided to the User by the Partner under the Accommodation Agreement.

   3. Hotelbuddy is not a party to the Accommodation Agreement the Service offered to the User is limited to the provision of the use of the Platform. If the User has any questions or complaints related to the Accommodation Agreement (including cancellations and modifications), the User undertakes to contact the Partner directly. 

2. USE OF THE PLATFORM

   1. The Platform enables the User to use different functionalities depending on whether the Platform is used before, during or at the end of stay at the Partner’s accommodation.

Before the stay

1. The User shall have the possibility to use the Platform after the User has received an email notification with the invitation link to check in to the Partner’s accommodation via Hotelbuddy’s Platform. 

2. Upon opening the link in the email notification, the User is directed to the Platform and displayed the information related to the booking (arrival and departure date, number of guests and selected rooms). In order to start using the Platform, the User shall carefully read and accept the Terms and Hotelbuddy’s privacy policy and complete the check in to the Partner’s accommodation according to the instructions provided on the Platform. 

3. At the start of the check in process, the User shall insert on the Platform information related to the guest(s) of the Partner’s accommodation, such as personal information (name, date of birth, citizenship) and contact information (telephone number, email address, physical address). In addition, the User shall upload a photo/copy of the identification documents(s) of the guest(s) of the Partner’s accommodation (ID-card, passport) and respective details (document number, date of expiry, country of issue). The User is solely liable for the validity and accuracy of the above data.

4. After completion of the above steps, the User has the possibility to upgrade the previously booked room (subject to availability) and select extra services. Additional fees apply to room upgrade and extra services.

5. The User shall also provide on the Platform arrival information (time of arrival, travelling for work, car registration number if arriving by car) and special requests.

6. After completion of the above steps, the Platform displays to the User booking information (booking number, arrival and departure date, room type), previously inserted data and terms of stay prescribed by the Partner. The User shall review the above information and terms of stay and provide their electronic signature. By signing, the User confirms the validity and accuracy of the provided information and agrees to the terms of stay.

7. Check in is completed once the User pays the fees according to the invoice generated on the Platform.  

During the stay

1. On the arrival date, the User will receive a notification once the room(s) selected by the User are ready for use. The User shall also have the possibility to select their room or upgrade the room for an additional fee, if such options are displayed on the Platform.

2. Once the room number has been assigned to the User, the User can activate their digital room key on the Platform and use the key for entering the room and different areas of the premises. Digital room keys can be multiplied and shared with other guests. In addition, the User can share with the other guests the whole room access, meaning that such guests could chat with the Partner’s staff (see section 3.16), order room service (see section 3.12), cast their phones (see section 3.11) and book additional services. The User may share the digital room key and whole room access only with persons who have been marked as guests during the check in process. Notwithstanding the foregoing, Hotelbuddy is not liable for any consequences of sharing the digital room key or whole room access with any persons. The User is solely liable for the safekeeping of the digital room key.

3. The Platform enables the User to cast their device to TV in case the TV meets such technical requirements. In order to cast the device to TV, the User must connect to the local Wifi and follow the instructions on the Platform.

4. The Platform enables the User to order room service. The Platform displays the Partner’s real time inventory, prices and delivery times. Upon making an order, the fee for the respective order will automatically be added to the invoice to be paid upon check out. The User may view the history of room service orders at any time on the Platform.

5. The User can at any time of the stay check on the Platform their outstanding balance, i.e. the fees for goods and services which have been ordered during the stay and which will be invoiced to the User upon check out.

End of stay

1. 1. The Platform enables the User to check out from the room on departure day. Before checking out, the User shall mark on the Platform any additional items and services consumed (e.g. minibar). Once the User confirms the additional items and services, the User will be directed to pay the invoice according to the instructions on the Platform.

   2. After completion of the check out, the User may give feedback regarding the stay by filling a questionnaire on the Platform.

   3. The User has the option to chat with the Partner’s staff via the Platform (e.g. to ask information, send requests and give feedback). Chat functionality is opened after completing the check in process and closed 24 hours after check out. Hotelbuddy does not intervene into the communication between the User and the Partner, nor does Hotelbuddy bear any liability for the contents and timeliness of the communication. 

2. INVOICING AND PAYMENTS

   1. Payments for the services ordered under the Accommodation Agreement are made in two parts in the sum presented on the relevant invoices generated on the Platform: 1) the first payment shall be made upon completion of check in, whereas the relevant invoice includes fees for any services selected by the User during the check in process (i.e. accommodation and extra services); 2) the second payment shall be made upon completion of check out, whereas the relevant invoice includes fees for any goods and services provided during the stay. The prices indicated on the invoice include VAT and are the final amounts payable. 

   2. Any payment obligations under the Accommodation Agreement are deemed performed when payment has been received by the Partner, unless the terms and conditions of the Accommodation Agreement prescribe otherwise (e.g. in case the Partner has the right to withhold fees from the User’s account in case of breach of Accommodation Agreement).

   3. All payments under the Accommodation Agreement are processed from User’s payment card provided by the User on the Platform. Payments are processed through a third-party payment processor. Upon completing the check in and check out, the User authorises the payment with its payment card in the amount of the invoice generated on the Platform. 

   4. Disputes over any fees payable under the Accommodation Agreement shall be resolved between the Partner and the User.

3. INTELLECTUAL PROPERTY

   1. The User has a limited, non-exclusive, non-transferrable right, without the right to sublicense, to use the Service and Platform in compliance with the Terms and contents of the Platform and Service. 

   2. The intellectual property rights of Hotelbuddy’s Service, the Platform, related documents and any other objects protected by intellectual property rights (in its broadest sense) belong to Hotelbuddy or respective licensors, and no assignment of such rights to the User or any other third party takes place within the use of the Service by the User. The User is prohibited from using the Service or acting in any other way in a manner that infringes the rights of the owners of the above intellectual property rights.

4. LIMITATION OF LIABILITY

   1. Hotelbuddy gives no representations nor warranties with respect to the Platform and does not represent or warrant that the Platform will be suitable for any purpose. Hotelbuddy offers the Platform on an "as is" basis. Hotelbuddy shall only be liable for Hotelbuddy's breaches (i.e. to the extent limited to the provision of the Platform) and only if Hotelbuddy’s breach is caused by gross negligence or wilful misconduct. The Partner (and not Hotelbuddy) is solely responsible for the proper performance of the Accommodation Agreement and the obligations arising therefrom.

   2. The information on Partners, their accommodation service and additional goods and services (including prices) has been provided to Hotelbuddy by the Partners. Hotelbuddy has no obligation to check the accuracy of the information disclosed by the Partners. Hotelbuddy shall not be liable for the content or information provided by the Partners, or for any damage resulting therefrom or in connection therewith.

5. TRANSFER OF RIGHTS AND OBLIGATIONS

   1. Hotelbuddy has the right to unilaterally transfer all rights and obligations related to the provision of the Service without the User's consent. The User does not have the right to unilaterally (without consent) transfer the rights and obligations prescribed in the Terms.

6. PROCESSING OF PERSONAL DATA

   1. The User's personal data is processed in conformity with Hotelbuddy's privacy policy.

7. AMENDMENTS

   1. Hotelbuddy has the right to unilaterally amend the Terms. Hotelbuddy will notify Users of any changes to the Terms via the Platform. 

8. APPLICABLE LAW, JURISDICTION, COMPLAINTS AND DISPUTE RESOLUTION

   1. The laws of the Republic of Estonia apply to the provision of the Service and the Terms. 

   2. Hotelbuddy does not guarantee that the Service will be provided without errors, but Hotelbuddy aims to provide a quality Service. In the event of User complaints, the parties shall make efforts to resolve disagreements via negotiations. 

   3. If, in the User's opinion, there is an issue with the Service, the User may notify Hotelbuddy at hello@hotelbuddy.eu. Only the Partner (and in no case Hotelbuddy) is liable for the non-performance or improper performance of the Accommodation Agreement and any complaints related thereto shall be directed towards the Partner.

   4. Disputes arising from the provision of the Service and from the Terms shall be resolved in the event of failure of negotiations in Harju County Court as a court of first instance, unless the applicable law prescribes a different jurisdiction. In order to resolve a dispute, a consumer has the right to turn to the Consumer Disputes Committee operating under the Consumer Protection and Technical Regulatory Authority.