Terms and Conditions
KILIZMA HOTEL CONSULTING is a service of: KILIZMA HC 22 DOOEL – Consulting, Trading and Manufacturing Company – ul. Galicica 18 Peshtani, 6000 Ohrid, North Macedonia. Register court: Central Register Ohrid Register number: 35020200015620 Managing director: Sajceski Marjan Contact: Phone +43 (0) 664/430 84 98 Fax +43 (0) / 1 73 44 026 E-Mail info@kilizma.at Web https://kilizma.at
§ 1 Subject matter of the contract and description of services
(1) KILIZMA HC 22 DOOEL – Consulting, Trade and Production Company – ul. Galicica 18 Peshtani, 6000 Ohrid, North Macedonia (hereinafter referred to as service provider) provides its consulting & software-as-a-service services offered under the KILIZMA brand, which include at kilizma.at, are made generally accessible on the basis of these General Terms and Conditions (GTC), which become part of the service contract with the customer. (2) The services offered by the service provider are aimed exclusively at entrepreneurs.
(3) The service provider’s service essentially consists in granting the possibility of using software-as-a-service, which is made available for use on web servers on the Internet. The customer receives the technical possibility and authorization to access the software with a suitable internet browser and to use it within the scope of this contract.
(4) KILIZMA is a consulting company and a web-based software-as-a-service service for accommodation companies (such as hotels, pensions or landlords of holiday apartments). With KILIZMA, the customer can offer overnight services as well as additional services such as meetings, incentives, conventions and events on his website for booking. For this purpose, a booking route provided by the service provider can be integrated into the customer’s website with an HTML module. The customer can manage information on accommodation, service descriptions, availability data, prices and bookings via a password-protected administration interface. The service provider is only responsible for providing th service. He is neither the contractual partner of the overnight / MICE guest in the case of abooking, but as an agent for the overnight / MICE service. Furthermore, KILIZMA provides an online booking platform at www.kilizma.at (hereinafter referred to as the “platform”) through which the hotels (collectively “providers”) make an entry create and contact customers and accept bookings from registered customers. Service providers can create their own personal entry for their offers and use the other services currently available on the platform within the scope of their respective availability.
(5) The exact content and scope of the services of the service provider result from the respective order of the customer.
(6) The service provider makes every effort to ensure continuous access, but does not guarantee that the system will be available without interruption and error-free. Any errors will be corrected immediately by the service provider as soon as they become known. An error is present if the software provided does not fulfill the agreed functions when accessed with a supported web browser, provides incorrect results or does not work properly in some other way, so that the use of the software is impossible or restricted. Only the web browser is supported Google Chrome and Mozilla Firefox in a current version, i.e. not older than a year. There are scheduled maintenance times when the system cannot be reached. The service provider endeavors to set up these times so that operations are affected as little as possible.
(7) The service provider guarantees an annual average availability of 98% in his area of responsibility. The regular maintenance windows, which are 4 hours a week and are usually carried out between 10:00 p.m. and 6:00 a.m. Central European Time, are not included in the calculation of availability. The service provider will notify the customer of any planned maintenance work that deviates from this in good time in advance by email.
(8) The service provider also uses the help of other companies to fulfill its service. The services of the service provider are subject to correct and timely self-delivery, as well as the availability and quality of the transmission channels.
(9) The service provider does not guarantee that certain results can be achieved through the use of its services.
(10) The customer is not entitled to individual adjustments to the software provided or to the integration of third-party software solutions into the systems of the service provider.
§ 2 Conclusion of the contract, contract term and termination
(1) The contract is concluded when the service provider accepts the order placed by the customer. The acceptance is either expressly declared or can be seen in the beginning of the execution of the service by the service provider.
(2) The contract is concluded for an indefinite period. Unless otherwise agreed, the contract has a term of one year. In the absence of timely termination, the contract is tacitly extended by the agreed term.
(3) This contract can be terminated in writing with a notice period of 14 days at the end of the term. The date of receipt of the termination is decisive. The right to termination without notice for an important reason remains unaffected. An important reason exists in particular if the service provider discontinues its KILIZMA service or the customer violates his obligations under this contract. Any test access ends automatically at the end of the respective test period and does not have to be canceled. After the subscription has expired, the user’s access to the system is blocked.
(4) In the event of a fundamental change in legal or technical framework conditions, the service provider is permitted to give extraordinary notice if this makes it unreasonable for the service provider to provide its services in whole or in part within the scope of the contractual purpose.
(5) Insofar as the service provider provides services and services free of charge, these can be discontinued at any time without prior notice and without giving reasons.
§ 3 Note on the right of withdrawal
(1) The service provider offers its services exclusively to entrepreneurs
(2) A right of withdrawal only applies to consumers. If the customer is not a consumer and uses the services of the service provider, there is no right of withdrawal.
§ 4 Third Party Services
(1) The services of the service provider are regularly linked to services and systems of third parties (e.g. booking, price comparison and review portals or internet search engines). These third-party providers provide their services directly to the customer on the basis of a separate contractual agreement with them. The customer is responsible for entering into a contract with the third party provider. The service provider has no influence on the contract design of the third party, in particular not on the scope of services and remuneration. The customer or the third party provider is therefore solely responsible for the proper provision of services in relation to the customer. These are not subcontractors of the service provider.
§5 remuneration and terms of payment
(1) The service provider charges a fee for the provision of KILIZMA, which depends on the selected service package and the agreed contract period.
(2) The service provider can offer test access. Use is free of charge during the respective test period. If the customer would like to continue to use the services after the trial period has expired, a paid contract is required.
(3) The provision fee is due and payable in advance for the respective contract term, unless a different billing period has been agreed with the customer.
(4) Payment can be made either by bank transfer or SEPA direct debit; for contracts with a monthly term, only by SEPA direct debit. If payment is made by SEPA direct debit, the customer gives his consent to this when concluding the contract. The pre-notification period for SEPA direct debits is shortened to two days. The customer undertakes to maintain sufficient funds for the amount of the invoice in the account specified by him at the time of the debit. The costs for a direct debit booking returned by the financial institution will be charged to the customer if he is responsible for the return of the booking.
(5) Services that go beyond the provision of KILIZMA and the inclusive services agreed in the order will be invoiced separately to the customer at an hourly rate of € 79.00. Unless otherwise agreed, the following services in particular are not included and are to be paid for separately according to expenditure: individual adaptation of the software, integration of the booking path into the customer’s website via a
One-hour initial training courses on how to use the software, creating customer-specific data imports and exports, supporting customers in fulfilling data protection inquiries and claims, in defending against such claims or in carrying out inspections and audits.
(6) The service provider only issues all invoices in digital format. The invoices are sent to the customer by email. The customer hereby declares his consent. If the customer requests the postali 7) In the event of default in payment, the service provider is entitled to block services or, after threatening to do so, to terminate this contractual relationship. The temporary blocking of services does not affect the customer’s obligation to pay.
§ 6 rights of use (1) The customer receives the non-exclusive right, limited in time to the term of this contract, to access KILIZMA with a suitable internet browser and to use the functionalities associated with KILIZMA in accordance with this contract. The customer does not receive any further rights, in particular to the source code of the software.
(2) No intellectual property is transferred to the customer. Customized software that relates to the KILIZMA service also remains the intellectual property of
(7) Service provider, unless otherwise agreed.
(8) (3) The customer is not entitled to use KILIZMA beyond the use permitted under this contract, or to have it used by third parties, or to make it accessible to third parties. In particular, the customer is not permitted to reproduce, sell or temporarily leave KILIZMA or parts thereof, especially not to rent or lend it.
§ 7 duties and obligations of the customer
(1) As part of a test phase, the customer ascertains the suitability of KILIZMA for his specific purposes before concluding a contract that is subject to a fee. (2) The customer will create the necessary hardware and software environment for the use of KILIZMA. (3) The customer will support the service provider in the event of an error in troubleshooting, in particular by providing a detailed description of the error and the preceding steps as well as providing information about the operating system and the browser version used. (4) The use of KILIZMA is only permitted to the customer. The customer is responsible for all processes that are carried out under his user ID. The customer undertakes to handle the access data carefully, to choose a password that is sufficiently secure, to change the password at regular intervals, an abusive one To prevent the use of the access data by third parties and to inform the service provider immediately as soon as he gains knowledge or has a reasonable suspicion that unauthorized third parties have discovered the password.
(5) The customer will obtain the necessary consent of the respective person concerned, as far as he collects, processes or uses personal data in the context of the use of KILIZMA and no legal permission applies.
(6) The customer will not misuse KILIZMA or allow it to be used, in particular not transmit any information offers with illegal or immoral content or refer to information that is suitable for inciting people, inciting criminal offenses or glorifying or trivializing violence, sexually offensive or pornographic To seriously endanger children or young people morally or to impair their welfare or to damage the good of the service provider.
(7) The customer is solely responsible for the legal admissibility of all transmitted and published information. In particular, he ensures that the text and image material transmitted does not violate any third-party property rights or copyrights. (8) The customer undertakes to exempt the service provider from all third-party claims that are based on the illegal use of KILIZMA by the customer or with the customer’s approval or that arise in particular from data protection and copyright law or other legal disputes associated with the use of KILIZMA. If the customer recognizes or has to recognize that such a violation is imminent, there is an obligation to inform the service provider immediately. The indemnification obligation also includes the obligation to fully exempt the service provider from legal defense costs (e.g. court and lawyer fees). § 8 Use of KILIZMA contrary to the contract 1) The service provider is entitled to block access to KILIZMA and its data in the event of an unlawful violation by the customer of one of the essential obligations specified in this contract. Access will only be restored if the breach of the relevant essential obligation has been permanently eliminated or the risk of repetition has been ensured by submitting an appropriate omission that has been proven to be punishable by law. In this case, the customer remains obliged to pay the agreed remuneration. (2) The service provider is entitled to delete the data concerned in the event of a violation of Section 7 Paragraph 3-4. § 9 data protection (1) As far as the service provider can access personal data of the customer or from his area, he acts exclusively as a processor and only process and use this data for the execution of the contract. The service provider will follow the customer’s instructions for handling this data. The customer bears any disadvantageous
Consequences of such instructions for the execution of the contract. The customer will agree with the service provider the details of how the service provider will handle the customer’s data in accordance with data protection requirements. (2) The customer remains the person responsible both generally in the contractual relationship and in terms of data protection law. If the customer processes personal data in connection with the contract (including collection and use), he is responsible for ensuring that he is entitled to do so in accordance with the applicable, in particular data protection regulations, and releases the service provider from third-party claims in the event of a breach. (3) The following applies to the relationship between the service provider and the customer: The customer is responsible for the processing (including collection and use) of personal data vis-à-vis the data subject, unless the service provider is responsible for any claims made by the data subject due to a breach of duty attributable to him . The customer will be responsible for checking, processing and answering any inquiries, requests and claims of the data subject. This also applies if the data subject makes use of the service provider. The service provider will support the customer as part of his duties. (4) The service provider guarantees that the customer’s data is stored exclusively in the territory of the Republic of Austria, in a member state of the European Union or in another signatory to the Agreement on the European Economic Area, unless otherwise agreed
§ 10 Liabilit 1) The service provider is always unrestrictedly liable in accordance with the statutory provisions for damage (a) caused intentionally or through gross negligence by the service provider or one of its vicarious agents or legal representatives; (b) from culpable harm to life, body or health; (c) according to the Product Liability Act; (d) from the assumption of guarantees.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the service provider is liable, if none of the above-mentioned cases exist, the amount limited to the contractually foreseeable damage. The term cardinal obligation abstractly refers to those obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contractual partner can regularly rely.
(3) Any further liability for compensation, in particular liability for slightly negligent breach of non-essential contractual obligations, is excluded.
§ 11 Force Majeure
(1) The service provider is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to circumstances of force majeure after the conclusion of the contract. For example, circumstances of force majeure include war, strikes, riots, expropriations, kardinaleraleanderungen, sturm, oer – floods and other natural disasters as well as other circumstances for which the service provider is not responsible.
§ 12 changes
(1) The service provider is entitled to change these conditions insofar as the changes are reasonable for the customer. The service provider will inform the customer about the intended changes in good time by email. If the customer does not object within 6 weeks of receipt of the notification, the changes are considered accepted. The service provider will indicate in the notification about the right to object and the legal consequences of the expiry of the deadline.
§ 13 Proof of Reference
(1) The customer permits the service provider to use the customer’s company and the name of the accommodation as a reference and to publish them with a corresponding link to the customer’s website in the reference list on the service provider’s website.
§ 14 final provisions
(1) Only EU law is applicable to this contract.
(2) The place of jurisdiction for all legal disputes arising from the contractual relationship is agreed to be the registered office of the service provider if the customer is an entrepreneur is to be seen.
(3) Should individual provisions of this contract be ineffective or lose their effectiveness due to a circumstance occurring later, the effectiveness of the rest of the contract remains unaffected.
General terms and conditions of the provider
The following document (“General Terms and Conditions of the Provider”) describes the conditions under which KILIZMA (“we”, “us” or “our”) provides its services on the Kilizma Booking MICE platform at https://kilizma.at ан company анбиетет, who provide event services for any type of event (the “Provider”).
Subject of the contract KILIZMA offers the provider a platform on its website to bring it together with other user- buyers, and provides technical applications for this purpose that enable users to contact each other, exchange data and conclude contracts between users. In terms of content,
KILIZMA HOTEL CONSULTING does not participate in the communication between users. If the users conclude contracts with one another via the platform, KILIZMA is not involved and
therefore does not become a contractual partner. The users are solely responsible for the processing and fulfillment of the contracts concluded with one another. Registration, terms of use The KILIZMA offer is aimed exclusively at commercial users. By completing the registration process, the provider submits an offer to conclude the contract for the use of KILIZMA’s services. KILIZMA accepts this offer by activating the provider, only then does the contract come about. There is no entitlement to activation. The provider guarantees that the data provided by him during registration are true and complete. He is obliged to notify KILIZMA of any changes to his user data immediately. Registering and entering your own data is free of charge for the provider. For the duration of the existing contract, the provider transfers to KILIZMA a royalty-free and comprehensive right of use, in particular for publication, reproduction, distribution and processing, to all content and data that the provider posts on the KILIZMA website, insofar as this is necessary for the operation of the website and the fulfillment of the existing contract with the provider is necessary. KILIZMA makes the data and information provided by the provider available to other users only to the extent that these data and information do not violate statutory provisions or these terms and conditions. KILIZMA is entitled to remove illegal content from the website without prior notice. When using the services of KILIZMA, the provider must observe the applicable laws and the rights of third parties. The provider is prohibited from using offensive or defamatory content, regardless of whether this content concerns other users, employees of KILIZMA or other people or companies; to use pornographic content or content that violates youth protection laws or to advertise, offer or distribute pornographic products or products that violate youth protection laws; harassing other users unreasonably (especially through spam); without legal authorization (e.g. by copyright, trademark, patent, Design or utility model law) to use protected content or to advertise, offer or distribute legally protected goods or services; engage in or promote anti-competitive activities, including progressive solicitation (such as chain, snowball or pyramid schemes); Take actions that are likely to impair the functionality of the KILIZMA website, in particular to overload it. If the content posted by the provider on the KILIZMA website violates the rights of third parties, the provider must immediately make the content free of intellectual property rights at the request of KILIZMA. If the provider violates the rights of third parties through the use of the services on the KILIZMA website, the provider must immediately cease the use in violation of the contract or the law upon request by KILIZMA. KILIZMA MICE MARKET Users have the opportunity to conclude contracts with one another via the MICE MARKT offered on the KILIZMA website. The user can see the status of the inquiries and offers
submitted by him in his user profile. The transmission of this information by KILIZMA is without guarantee for its correctness. If the user uses the calculation tools provided by KILIZMA when creating his inquiries or offers, the user is responsible for checking the correctness of the calculation results. Only if the conclusion of a contract between users via the KILIZMA MICE MARKT is successful are fees charged by the provider who offers a service (agency commission). The amount of the commission is defined by the provider of the service in percent before the offer is submitted and becomes binding by clicking on it Otherwise the submission of offers is excluded. The amount of the agency commission is sent by the service provider to KILIZMA for billing. The recipient of the offer does not receive any insight into the commission processing. If the contract is concluded between the users despite mediation on the KILIZMA MICE MARKT in such a way that the users consciously contact outside the website, the provider owing the payment of the mediation fee is obliged to notify KILIZMA of the mediated conclusion of the contract immediately in order to settle the Enable agency fee. In the event of a violation of this notification requirement, this provider is obliged to pay double the agency fee. After the end of the event, the provider receives a request from the system to report to KILIZMA the sales actually billed in order to enable any necessary correction of the agency fee.
Plans, Pricing & Payment Terms The provider understands and agrees that the selection of a price plan is a mandatory requirement for the account setup and that the BASIC PRO plan is automatically activated when the provider account is activated on the platform. All price plans have a term of 12 months (membership plans). The provider can activate any membership plan at the beginning of any 12-month contract period. The selected membership plan will be activated on the day the payment is received by KILIZMA. When the currently activated membership plan expires, the provider can choose to continue using the same membership plan for the next 12 months or to switch to a different pricing plan. If the membership plan has not been selected and paid for by the provider for the next 12 months by the expiration date of the currently active membership plan, the provider will automatically switch to the BASIC PRO plan. The provider can update or downgrade its price plan at any time for a new period of 12 months from the date of the change in the price plan. If the provider updates or downgrades the price plan, there are no additional costs, unless you pay the membership fees according to the newly selected price plan.
In the event of a change (upgrade or downgrade) to the selected price plan, the provider is not entitled to full or partial reimbursement of the membership fees paid for the previous period. The provider undertakes to pay the commission (according to the selected price plan) to KILIZMA in order to facilitate the creation of each request for quotation (RFPs) to the provider via the business platform that leads to the confirmed booking. The commission percentage depends on the price plan that was active at the time of the confirmed booking. In special situations (including but not limited to non-profit organizations, disaster relief and humanitarian NGOs, etc.), KILIZMA reserves the right to sign an agreement with the provider on a special membership fee and commission rate that is different from the regular pricing plans and discretion .
Any fee invoices will be sent to the provider by KILIZMA by e-mail to the e-mail address stored in the registration data and at the same time digitally stored in the system as a PDF. KILIZMA keeps invoice invoices available for download for a period of at least one (1) year from the invoice date. The provider has to pay fee invoices from KILIZMA within 14 days of the invoice date without deduction. If a collection fails when paying by means of a debit procedure, the provider bears all resulting costs, in particular bank fees. All fees shown are exclusive of the statutory sales tax. KILIZMA is entitled to a commission from the moment the professional buyer confirms the booking for the event service for which the provider previously sent the RFP. The provider is obliged to pay the commission (according to the selected price plan) for all commissionable bookings to KILIZMA. This includes the following: If the booking is completed, the supplier is obliged to pay the commission the full amount that the professional buyer owes the supplier (excluding VAT). And For a canceled booking, when the booking is canceled by the Professional Buyer, the Supplier is obliged to pay the Commission the non-refundable amount (set by the Supplier in the proposal confirmed by the Professional Buyer) that the Professional Buyer will pay the Supplier (excluding VAT ); owes and For a canceled booking, when the booking is canceled by the supplier, the supplier is obliged to pay the commission the full amount that the professional buyer owes the supplier (excluding VAT).
In the case of the recurring event, the seller is obliged to pay the commission the total amount that the professional buyer owes the seller (excluding VAT) for the first 5 events within the same year. All other events within the same year are commission-free.
KILIZMA issues an invoice for commissions. The provider has to pay KILIZMA monthly for all commissionable bookings. KILIZMA issues the invoice on the first day of each month for all commissionable bookings with an event end date within the previous month. All payments are calculated with the value added tax valid on the day an invoice is issued by KILIZMA. The supplier’s liability for the payment of commission or invoice payment terms is not subject to the condition that the supplier has previously received payment (whether invoiced or not), nor is the payment of the professional buyer for the booking relating to the commissionable. KILIZMA reserves the right, at its own discretion, to offer alternative payment terms in special situations. If the invoice is overdue for more than 14 days, your provider account will be automatically deactivated. This means you will not be able to receive any RFPs or inquiries and your listing will not be visible until the invoice is paid. If you need help or information about billing, please contact us directly via our Support & Help Center. If the invoice is overdue for more than 30 days, KILIZMA reserves the right to pass this debt on to a third party debt collection service or to initiate legal proceedings. Availability of services, changes The user acknowledges that 100% availability of the KILIZMA website cannot be technically guaranteed. However, KILIZMA tries to keep the website available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the control of KILIZMA (such as disruptions in public communication networks, power outages, etc.) can lead to short-term disruptions or to the temporary suspension of services. KILIZMA reserves the right to change the services offered on the website and to offer different or new services, insofar as this is reasonable for the user.
Liability KILIZMA assumes no responsibility for the content, data and information provided by the provider, including the correctness of calculations made via the website, or for content on external websites linked by the provider and, in particular, does not guarantee that this content is up-to-date, correct and complete , fulfill or serve a specific purpose.
In addition, the statutory provisions apply to the liability of KILIZMA with the following restrictions: KILIZMA is liable for damages – regardless of the legal reason – in the event of willful intent and gross negligence. In the case of simple negligence, KILIZMA is only liable a) for damage resulting from injury to life, limb or health, b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the provider regularly relies and may rely) Insofar as KILIZMA is fundamentally liable for damages, this liability is limited to damage that KILIZMA foresaw as a possible consequence of a breach of contract when the contract was concluded or, taking into account the circumstances that KILIZMA was aware of or that MICECLOUD should have known, would have foreseen when applying the usual care have to. Indirect damage and consequential damage resulting from defects in KILIZMA’s service are also only eligible for compensation if such damage is typically to be expected when the service is used as intended. The above limitations of liability do not apply if MICECLOUD has fraudulently concealed a defect or has assumed a guarantee for the quality of its performance. The same applies to claims made by the provider under the Product Liability Act. Exemption The provider releases KILIZMA from all claims, including claims for damages, that other users or third parties assert against KILIZMA due to a violation of their rights through the content posted by the provider on the KILIZMA website or through the use of the website’s services by the user. In this respect, the provider assumes all KILIZMA due to a violation of rights Reasonable costs incurred by third parties, including costs for legal defense. All further rights and claims for damages of KILIZMA remain unaffected. The provider is entitled to prove that KILIZMA actually incurred lower costs. The provider’s indemnity obligations do not apply if the provider is not responsible for the infringement in question.
Final provisions KILIZMA reserves the right to change these terms and conditions at any time. In this case, KILIZMA will notify the provider in advance. If the provider does not object to the validity of the new terms and conditions within 30 (thirty) days after receipt of the notification, the amended terms and conditions are deemed to have been accepted by the provider. In the notification, KILIZMA will inform the provider of his right to object and the importance of the objection period.
Unless otherwise agreed, the provider can send all declarations to KILIZMA by e-mail to service@kilizma.at and KILIZMA can send declarations to the provider by e-mail, fax or letter to the addresses that are available for the provider Registration data are stored. Place of fulfillment and exclusive place of jurisdiction for disputes arising from the agreement with the provider
