Agreement on the Terms of Use of the https://visithotels.com.ua Internet Resource

Using the https://visithotels.com.ua Internet resource, the User accepts the terms of the Agreement below on the conditions for using the https://visithotels.com.ua Internet resource, regardless of the registration procedure, as well as regardless of the entity that uses this resource and goals which he pursues.

1. Terms and Definitions

• ⦁ Agreement - an agreement on the terms of use of the https://visithotels.com.ua Internet resource (hereinafter referred to as the Resource) concluded between the Administrator and the User of this Resource;
• ⦁ Administrator - administrators, moderators, rightsholders, as well as other legal owners of the Resource.
• ⦁ Materials - information posted on the Resource: texts, articles, photos and video images, as well as other data (the list is not limiting);
• ⦁ User is an individual or legal entity that visits the Resource.
  • The Agreement provides for two types of Users, depending on the subject of use of the Resource and the purpose that such subject pursues:
• ⦁ Regular users - Users who visit the Resource for personal purposes, without pursuing the possibility of making a profit;
• ⦁ Commercial users - business entities, as well as their representatives or other persons acting in the interests of ordinary users, visiting the Resource in connection with their professional activities and pursuing commercial goals (travel agencies, tour operators, hotels, tourist search and information systems and other tourism business entities. This list is not limiting).

2. General Terms

2.1. When using the Resource, the User agrees to act in accordance with the norms of the legislation of Ukraine, legal norms of international law and the norms provided for by the Agreement.

2.2. The Resource Administrator reserves the right to make any changes to the Agreement without prior approval and notification to the User. All changes to the Agreement come into force from the moment of their publication on the Resource and are binding on the Users.

2.3. The Resource Administrator (including hotels cooperating with the Resource) is entitled to send text and graphic information to the User, including advertising, using SMS notifications and/or emails and/or posting in the account. If the User disagrees with the rule specified in this clause, the User has the right to refuse to receive the newsletter by clicking on the appropriate link in each letter and/or by sending an appropriate message to the Administrator’s email address and/or using the feedback form and/or through your personal account.

2.4. The Agreement is considered concluded with the User, regardless of the implementation of the registration procedure, since an active link to the Agreement is available on the main page of the Resource and is freely available.

3. Resource Description

• ⦁ The Resource contains information on the rating of hotels in the world, which is formed on the basis of the opinions and reviews of travel agents and tourists.

3.2. The Resource provides for constant updating of information regarding the catalog of hotels in the world. Such information includes descriptions of hotels, their photos and contacts.

3.3. The Administrator gives the User the right to leave a review about a hotel,evaluate the placement, level of service and food, and justify such estimates.

3.4. The Administrator is not a travel agency and does not provide travel services. The Resource provides an opportunity for users to send a request to persons providing travel services, with a view to their further acquisition.

3.5. All information (including prices) on this Resource is for informational purposes only and under no circumstances is a public offer.

4. Intellectual Property. Resource Use Limitations

4.1. Materials covered by the Law of Ukraine “On Copyright and Related Rights” are protected by the national legislation of Ukraine and international law.

4.2. Materials may contain trademarks, service marks, and trade names (denominations). All rights reserved.

4.3. Information posted on the Resource is the property of the Administrator, except for materials whose authorship is specified directly in their content (articles, texts, photos and illustrations) or information uploaded by the Users.

4.4. The design, structure, content of the Resource and Materials cannot be fully or partially reproduced by Users and other persons to create new Internet resources or other information objects, except when such use is agreed with the Administrator.

4.5. The use of some parts of the Resource provides for the registration of the User. After the registration procedure is completed, the User is provided with an account and password, which gives him the opportunity to access the closed parts of the Resource. The obligation to maintain the confidentiality of the password remains with the User.

4.6. Responsibility for material and moral damage caused to the User by disclosing the password is carried by the User.

4.7. User agrees not to use the Resource for:

• 4.7.1. downloading of materials that are harmful, threatening, abusive, libelous, vulgar or indecent;

• 4.7.2. in order to impersonate another person or organization, including, but not limited to, official representatives of the Resource or travel service providers, as well as to reflect a nonexistent relationship between other Users, other persons, or organizations;

• 4.7.3. downloading, mailings, or any other form of publication of materials that the User has no right to publish;

• 4.7.4. downloading, mailing, or any other form of publication of unsolicited or prohibited advertising, promotional materials, spam, and any other advertising materials;

• 4.7.5. downloading, mailing, or any other form of publication of materials containing computer viruses or any other program codes, files or programs created with the aim of interrupting, eliminating or restricting the functionality of any software or hardware;

• 4.7.6. obstruction or interruption of the functioning of the service, or servers and networks associated with the Resource.

• 4.8 User is obliged:

• 4.8.1. Not to use Resource data in order to create similar Internet resources and/or other objects;

• 4.8.2. Log in to the Resource using the interface provided by the Administrator. Any software access to which is provided on this Resource, including, but not limited to all HTML codes and online management tools, is the property of the Administrator. Any reproduction or distribution of this software is prohibited;

• 4.8.3. Not to perform any actions that impose or are capable of imposing, in the opinion of the Administrator, an unreasonable or disproportionately large load on the infrastructure of the Resource;

• 4.8.4. The Administrator may, at his discretion and without prior notice, prohibit/restrict the use of the Resource to the User. Reasons for these measures may include, but are not limited to:

• - violation of the Agreement and/or other Agreements concluded between the Administrator and the User;

• - relevant requests from law enforcement or other government agencies;

• - the occurrence of unexpected technical problems or problems with the security system;

• - the participation of the User in fraudulent or illegal operations, and/or non-payment of any sums of money charged for the provision of services related to the use of the Resource.

4.9. Resource Use Restrictions for the General User.

4.9.1. The Resource provides for the provision of free services intended for personal use without the purpose of making a profit, unless otherwise provided by the contract concluded between the Administrator and the User.

4.9.2. Unless otherwise provided by the Resource, the General User has the right to use the Materials for personal purposes, subject to the following requirements:

- any copy of the Materials copied from the Resource must contain a link to the Resource;

- a General User is given a limited, non-exclusive right to create hypertext links to the main and internal pages of the Resource, provided that such a link does not lead to a false, derogatory, false perception of the Resource.

4.9.3. At the same time, the Administrator reserves the right to revoke the above permissions at any time, without explaining the reasons, as a result of which any use of the Materials should be immediately terminated upon notice to the Administrator.

4.10. Resource Usage Restrictions for the Commercial User.

4.10.1. A Commercial User is not allowed to download, cache, copy, or print the Materials without obtaining the prior written consent of the Administrator;

4.10.2. A Commercial User is allowed to post links only to the full version of the Resource, the main page of the Resource.

4.10.3. A Commercial User is not allowed to post links to the internal pages of the Resource, including special links with the ending “? _Mode –“, regardless of the purpose of their placement.

4.10.4. A Commercial User is not allowed to use any of the trademarks, logos or trade names from the resource, as well as any other copyright information, including graphic images, as well as any text, or interface/design of any page or any form contained on the Resource page without receiving Administrator’s prior written agreement.

5. Materials Transmitted (Posted) by the User for Publication and/or Distribution Using the Resource

5.1. The User guarantees that all information posted by him is genuine. The responsibility for indicating inaccurate, false, erroneous information rests on the User.

5.2. The User is responsible for the legality, validity of the information, compliance with the context, originality and authorship of any of the materials posted by him.

5.3. The Administrator has the right to make corrections to comments and reviews with errors or profanity. Comments and reviews containing advertisements or any other offers of a commercial nature will be deleted from the Resource. Active or inactive links used in comments will be cut out in most cases. The Administrator reserves the right to delete reviews/comments/photos uploaded by users without explanation.

5.4. The Administrator does not extend its copyright to materials published by the User. However, by publishing such materials, the User transfers to the Administrator an international, non-exclusive and free license (permission) to use, distribute, adapt and publish these materials for the purpose of describing and advertising the hotel or service described. The validity period of the permit expires when the User or the Administrator removes these materials from the Resource pages.

5.5. The Administrator is not responsible for the correctness of the information provided in the reviews and comments.

5.6. Users are prohibited from posting on the Resource any materials the distribution of which is prohibited by the laws of Ukraine and/or international law. The user is responsible for the non-compliance of the content of advertising and information materials with the legislation of Ukraine, including the norms of the laws “On the Media”, “On Copyright and Related Rights”, “On the Protection of Rights to Marks for Goods and Services”. The user guarantees that the materials published by him are not inappropriate advertising, and also do not violate the privacy and other rights and interests of third parties protected by law.

6. Rightsowner Responsibility Restriction

6.1. The Administrator makes all appropriate efforts to ensure the correctness of all information posted on the Resource. However, it does not guarantee the absolute accuracy, completeness or reliability of the information contained on the Resource, are not responsible for inaccuracies, possible errors or other shortcomings in the information posted.

6.2. Administrators do not guarantee that:

- the Resource will meet the requirements of the User;

- the results obtained in the process of using the Resource will be accurate or reliable;

- the quality of the Materials and/or services purchased by the User in the process of using the Resource will correspond to the requirements of the User.

6.3. The User is liable for claims of third parties against the Administrator and the User personally for violations caused by the placement of information materials.

6.4. The Administrator is not responsible for temporary technical failures and interruptions in the provision of services, for temporary failures and interruptions in the operation of communication lines, other similar failures, as well as for malfunctions of the computer from which the User accesses the Internet.

6.5. The Administrator is not responsible for possible inaccuracies and errors in the specified category of “stars” of hotels and the objective compliance with the quality of hotel services of this category provided by the hotel. The administrator is not responsible for the lack of a “star” category at the hotel.

6.6. Responsibility for the completeness, objectivity and relevance of the reviews regarding the assessment of accommodation, food, service and other criteria for determining the level of the hotel and/or hotel lies with the User.

6.7. Ratings of hotels that are hosted on the Resource are non-regulatory.

7. Dispute Resolution and Applicable Law

7.1. In case of violation of the terms of the Agreement, the Administrator has the right to protect his rights and interests.

7.2. In case of violations of the Agreement by the User, the Administrator has the right to send to the person who violated the terms of the Agreement, a pre-trial notice with a request to eliminate such violations within a certain period.

7.3. In case of failure to comply with the requirements of the Administrator to eliminate violations provided for in clause 7.2. of the Agreement, the dispute shall be settled in a judicial proceeding.

7.4. All disputes arising in connection with the fulfillment of the terms of the Agreement are considered at the place of registration of the Resource using the national law of Ukraine.

8. Confidentiality

8.1. When using the Resource, the User agrees to the use of his personal data by the Administrator. Such data may include the name, address, e-mail, phone number, mailing address, IP address, browser type and the list of pages that the User visits on the Resource. Such a list is not limiting.

8.2. The Administrator can receive the User’s personal data and other information from its affiliates, business partners and other independent third parties. When the User visits other sites through the Resource, the Administrator can also receive information provided by the User to these sites.

8.3. The Administrator has the right to use personal information for the following purposes:

• - to confirm the right of the User to access certain functions of the Resource;
• - to personalize and modify the content of the Resource and the available offers according
• - to the requests of the User;
• - for the implementation of newsletters;
• - to improve the service;
• - for reporting.

8.4. The Administrator agrees not to lease, sell or share the User’s personal information with other persons, unless (1) when it is necessary to provide the User with products and services, (2) when the User has given the corresponding agreement, (3) subject to conditions, provided by clause 8.4.1. of the Agreement.

8.4.1. The Resource may use the services of third parties to assist in accessing products and services, and may transfer personal information to these persons who have entered into a contract with us to ensure the confidentiality of the User’s information, allowing a person to use this information only for the purposes specified in the contract

- when summoned to court, by court decision, as well as in order to protect the rights and interests of the Administrator;

- when the Administrator has objective grounds to believe that the transfer of information may contribute to the investigation, prevent or take measures regarding illegal activity, in cases of suspicion of fraud, in situations involving a threat to the physical security of a person, in violation of the Agreement or when the transfer of this information is required by law;

- the Administrator has the right to transfer information about the User to the third parties in the event that the Resource is acquired or becomes part of another company. In this case, the Administrator undertakes to send the User a corresponding notification to the e-mail address specified in the User’s profile before another Privacy Policy comes into effect in relation to the User’s personal information.

9. Cookies

9.1. The Resource leaves cookies on the user's computer and has access to them. A cookie is a small amount of information that the Resource servers transfer to the User’s browser and which can only be read by the Resource servers. When the User visits the Resource, the cookie saves special data that can speed up the process of using the Resource. The User has the right to deactivate cookies or delete them from his browser in the “Privacy Settings” or “Security” section. However, cookies must be enabled in order to view some sections of the Resource. The Resource may allow other companies publishing their advertising on the Resource pages to leave their cookies on the User’s computer and have access to them. The use of cookies by other companies is determined by their privacy policy, not the Resource's privacy policy. Other companies cannot access Resource cookies.

10. Links to Third Sites

10.1. The Resource contains links to other sites and may inform Users about the products and services of third parties. If the User decides to visit another site or use the products or services offered on it, he agrees that this Privacy Policy will not be considered valid in relation to actions taken by Users and information that is provided to third parties.

11. Exchange of Information Between Resource Users

11.1. If the User includes personal information in his comment that he leaves on the Resource, other Users can view such information and use it.

11.2. The Administrator is not responsible for the use of information provided for in clause 11.1.

12. Personal User’s Information Access, Viewing and Changing

12.1. The User is given the opportunity to access the certain information, view and change it through a personal account.

12.2. At the request of the User, his profile can be deactivated, and the information posted on the Resource to be hidden. In this case, the Administrator sends a letter to the User requesting confirmation of the account deletion. After the Administrator receives an affirmative answer from the User, the profile will be deactivated as soon as possible.

12.3. The Administrator has the right to save a certain part of the User’s personal information in his files and databases for the purpose of analysis and accounting, as well as in order to prevent possible fraud, resolve potential conflicts, help in resolving problems, help in any investigations, enforce the rules of use and act in accordance with existing law.

12.4. The User agrees that after deleting the profile, he will not be able to log in to the Resource according to this account and use some pages of the Resource.

12.5. The User has the right to send the Administrator a request to restore an account that has been deleted, or create a new one.

13. Final Provisions

13.1. If the User does not agree with the terms of the Agreement, he undertakes to refuse to use the Resource.