TERMS OF USE OF THE APARTMANLY PLATFORM

1. GENERAL PROVISIONS

By using the Apartmanly platform (hereinafter: the "Platform"), the user confirms that they have read, understood and accepted these Terms of Use and the Privacy Policy.

If the user does not agree with these Terms, they are not authorized to use the Platform. Please do not use the Platform if you do not agree with these Terms of Use and the Privacy Policy.

The Platform is an online service intended for presenting and advertising accommodation capacities and connecting potential guests with accommodation providers.

The Platform is not a travel agency, tour operator, booking intermediary, or contractual party between the Guest and the Accommodation Provider.

The Platform does not participate in entering into agreements between users, does not determine accommodation prices, does not receive payments, and is not responsible for the fulfillment of obligations between Guests and Accommodation Providers.

All arrangements related to bookings, availability, prices, payment methods, cancellations and use of accommodation are made exclusively between the Guest and the Accommodation Provider.

The Platform may be in a development, testing or production phase, and certain functionalities may temporarily be unavailable or may contain technical errors.

The user acknowledges that during the development or testing phase temporary interruptions, loss of certain functionalities or unintended system errors may occur.

The Platform may use automated systems, including artificial intelligence systems, for translation, content processing, improvement of user experience or system security.

Automatically generated or translated content may contain errors, and users should verify information before making decisions.

Users are responsible for verifying the accuracy of information, including translations, and must not rely solely on automatically generated content.

Results of automated processing or translation are provided as assistance to users and do not constitute legal, financial or other professional advice.

An Accommodation Provider is a person who publishes a listing on the Platform. An Accommodation Provider may be the owner of the accommodation or another person who has valid authorization or another lawful right to advertise the accommodation on behalf of the owner. In these Terms, the term "Accommodation Provider" includes both categories unless a specific provision states otherwise.

2. USER ACCOUNTS

The Platform may enable registration of user accounts for Accommodation Providers and other users in accordance with available functionalities.

The user is responsible for the accuracy of the information provided, keeping their login credentials secure, and all activities performed through their user account.

The user may not allow other persons to use their account or use another person’s account.

If the user suspects unauthorized access to their account, they must immediately notify the Platform.

The Platform may restrict, suspend or permanently remove a user account if there is a reasonable suspicion of violation of these Terms of Use, fraud, misuse or threats to system security.

3. ACCOMMODATION LISTINGS

By publishing a listing, the Accommodation Provider confirms:

• that they have a lawful right to advertise the stated accommodation property
• that they are the owner of the accommodation or have valid authorization or another lawful right to advertise the accommodation on behalf of the owner
• that all information entered in the listing is truthful, accurate and up to date
• that they have the right to use and publish photographs, texts and other content provided to the Platform
• that the listing content does not infringe the rights of third parties, including copyright and other rights
• that they hold all required registrations, permits or approvals if such requirements apply under applicable regulations for providing accommodation services

The Accommodation Provider is responsible for:

• accuracy of the accommodation description and all published information
• legality of the published listing
• right to use and dispose of the published content
• quality, condition and equipment of the accommodation
• photographs and other content published in the listing
• prices, availability and conditions of providing the service
• cancellation terms and communication with Guests
• legality of providing accommodation services
• fulfillment of obligations towards Guests and competent authorities

By publishing content on the Platform, the Accommodation Provider grants the Platform a non-exclusive right to display such content solely for the purpose of providing advertising services and presenting accommodation to Platform users.

The Platform reserves the right to remove, restrict or temporarily disable the display of content that it considers inaccurate, unlawful, misleading, offensive, harmful or contrary to these Terms of Use.

The Platform does not guarantee the number of listing views, inquiries, bookings or the success of renting accommodation through the Platform.

4. CONTACT BETWEEN GUESTS AND ACCOMMODATION PROVIDERS

The Platform enables contact between potential Guests and Accommodation Providers.

• contact form
• email communication
• telephone calls
• links to external communication services

By sending an inquiry, the user voluntarily provides their information to the Accommodation Provider in order to receive information about accommodation and availability.

The user acknowledges that the submitted information will be forwarded to the Accommodation Provider of the selected accommodation for the purpose of processing the inquiry.

Before submitting an enquiry through the contact form, the Portal may require verification of the user's email address. This verification is intended to prevent system abuse, spam, fraudulent enquiries and to protect advertisers. It does not constitute the registration of a user account.

Requests submitted through the Platform do not constitute a confirmed booking.

The Platform does not confirm bookings, does not enter into agreements between users and Accommodation Providers, and does not participate in payment processing.

After the Accommodation Provider receives the user’s personal data through the contact form or other communication channels available through the Platform, the Accommodation Provider is responsible for further processing of such data in accordance with applicable personal data protection regulations.

5. AVAILABILITY CALENDAR AND ACCOMMODATION INFORMATION

The Platform may display information regarding accommodation availability, prices and other details.

Displayed information is based on data provided by the Accommodation Provider.

The Platform does not guarantee that availability, prices or other information are accurate, complete or up to date at all times.

For final confirmation of availability, prices and other conditions, the user must directly contact the Accommodation Provider.

6. PROHIBITED USE OF THE PLATFORM

Users are prohibited from using the Platform in a manner that may endanger the security, availability, integrity or lawful operation of the Platform.

• attempting unauthorized access to the Platform, servers, databases or user accounts
• attempting to bypass security measures or protection systems
• hacking, vulnerability scanning or security testing without prior written authorization from the Platform
• using automated programs, bots or tools for collecting content (scraping, crawling)
• copying listings, photographs, databases or other content of the Platform
• SQL injection, XSS, brute force attacks or other attempts to compromise the system
• sending viruses, malware or other harmful content
• creating fake user accounts
• impersonating another person or entity
• publishing false, unlawful or misleading listings
• collecting personal data of other users without an appropriate legal basis
• using contact information for unsolicited marketing (spam) or other prohibited purposes

The Platform has the right to immediately remove content, restrict functionalities or block a user account where there is a reasonable suspicion that these Terms of Use have been violated.

The Platform may take appropriate technical, organizational and legal measures to protect its systems, users and lawful operations.

7. USER LIABILITY AND DAMAGES

The user is responsible for any damage caused by their actions to the Platform, other users or third parties.

The user agrees to compensate the Platform for all damages incurred, including costs of technical analysis, removal of consequences of security incidents, attorney fees, court costs and other reasonable expenses incurred to protect the rights and interests of the Platform.

The Accommodation Provider is specifically responsible for the content of their listings, photographs, descriptions, prices, legality of providing services and all third-party claims related to the published listing.

8. LIMITATION OF PLATFORM LIABILITY

The Platform strives to ensure accuracy and availability of information but does not guarantee uninterrupted, secure or completely error-free operation of the system.

The Platform is not responsible for:

• accuracy of information published by Accommodation Providers
• quality of accommodation
• condition or safety of accommodation
• behavior of users or Accommodation Providers
• cancellation of bookings
• financial or other losses arising between users and Accommodation Providers
• damage arising from the use of accommodation
• disputes between users and Accommodation Providers
• any other damages arising from the use of the Platform or reliance on information available on the Platform

Use of the Platform is carried out entirely at the user’s own risk.

The Platform shall not be liable for direct, indirect, incidental or consequential damages arising from the use or inability to use the Platform, except where liability is expressly required under mandatory provisions of applicable law.

9. DATA PROTECTION AND PRIVACY

Personal data is collected, processed and protected in accordance with applicable personal data protection regulations and the Platform’s Privacy Policy.

By submitting an inquiry through the contact form, the user confirms that they voluntarily provide personal data necessary for establishing contact with the Accommodation Provider.

For the purpose of protecting the Portal against abuse and ensuring system security, the Portal may temporarily process the data necessary to verify the user's email address before an enquiry is sent to the advertiser.

Inquiries submitted through the Platform may be stored for a maximum period of 60 days from the date of submission, unless longer storage is required to fulfill legal obligations, protect the legitimate interests of the Platform or resolve disputes.

The Accommodation Provider agrees that information they mark for public display (name and surname, business name, telephone number, email address, website and other contact details) may be publicly available to Platform visitors for the purpose of enabling communication with potential Guests.

The Accommodation Provider may at any time request modification or removal of publicly displayed contact information. The request will be processed within a reasonable period, taking into account technical capabilities and legal obligations of the Platform.

Contact information published on the Platform may only be used for establishing communication related to accommodation. Collection, copying or use of such information for unsolicited marketing, creation of databases or other purposes unrelated to the use of the Platform or without an appropriate legal basis is prohibited.

For system security, protection against misuse, detection of technical issues and maintenance of the Platform, technical data such as IP address, device type, operating system, browser type and access time may be automatically processed.

The Portal may use third-party services, including Google Maps Platform (such as Places API and Geocoding API) and Leaflet, for address geocoding, map display and determining the geographical location of accommodation in order to improve functionality and user experience.

10. INTELLECTUAL PROPERTY

The content of the Platform, including design, texts, photographs, graphics, logos, software code, databases and other elements, is protected by applicable copyright and other intellectual property regulations.

Without prior written authorization from the rights holder, it is not permitted to copy, reproduce, distribute, publicly display, modify or otherwise use the content of the Platform, except where such use is permitted by mandatory legal provisions.

The Accommodation Provider retains rights to the content they publish, but by publishing a listing grants the Platform a non-exclusive right to use such content to the extent necessary for displaying the listing and providing the Platform services.

11. CHANGES TO THE TERMS OF USE

The Platform reserves the right to modify or supplement these Terms of Use at any time.

The amended version will be published on the Platform and shall enter into force on the date of publication, unless otherwise stated.

Users are advised to periodically review the current version of the Terms of Use.

Continued use of the Platform after publication of changes constitutes acceptance of the updated Terms of Use.

12. GOVERNING LAW

These Terms of Use shall be governed by the laws of Bosnia and Herzegovina, unless mandatory provisions of another country provide the user with a higher level of protection that cannot be excluded by these Terms.

For disputes arising from the use of the Platform, the competent court according to the registered seat of the Platform operator shall have jurisdiction.

13. CONTACT

For all questions related to the Platform, these Terms of Use or personal data protection, users may contact us through the contact form or by email:

info@apartmanly.ba