General Commercial Terms and Conditions
1. The company HOTELITY l.t.d., with its registered office at Klemensova 5B, 811 09 Bratislava, Company Reg. No: 46 656 723, registered with the Companies Register of the District Court Bratislava I, Section: Sro, File No.: 81571/B (hereinafter referred to as the “Operator” or the “Company”) is the Operator of the website www.hotelityjobs.com (hereinafter referred to as the “Website”) and a provider of services within the scope of its trade license on the Website in accordance with, and pursuant to, the applicable Slovak legislation.
2. In accordance with Art. 273 of Commercial Code No. 513/1991 Coll., as amended, the Operator issues these General Commercial Terms and Conditions of the Company HOTELITY s.r.o. (hereinafter referred to as the “GCTC”) which regulate the rights and obligations of the Operator and third parties when providing and using the Operator's services through the Website. GCTC shall form an integral part of any contract concluded with the Operator and be binding on any and all users of the Operator's services.
1. A Job Seeker shall mean only a natural person who uses the Operator's services in such a manner that the Job Seeker looks for a suitable job through the Operator's Website in gastronomy, hotel industry, restaurant, recreation, and other services in related areas (hereinafter referred to as “HORECA and Tourism”). The services provided by the Operator to any Job seekers are free of charge and constitute the providing the opportunity to find a job through the Website. If any Job Seeker wants to use the services provided, he/she shall be required to register on the Website. The Job Seeker shall register by completing an online registration form. By registering, the Job Seeker agrees to these General Commercial Terms and Conditions and gives consent to process personal data in compliance with Art. 6 Clause 1 Point a) and the Regulation of the European Parliament and the EU Council no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (further only “GDPR”) and § 13 Clause 1 a) of Act no. 18/2018 Coll. on Personal data Protection and on the amendment of certain other Acts, as amended (hereinafter referred to as the “Act no 18/2018 Coll.") The Job Seeker may cancel his/her registration at any time by sending an e-mail message in which the Job Seeker requests the Operator to cancel the Job Seeker's registration.
2. A Client shall mean any natural person or legal entity who uses the Operator's services in such a manner that the Client publishes its job offers in HORECA and Tourism through the Website for potential Job seekers and looks for job applicants suitable for filling the Client's job vacancies by using the Operator's database of curricula vitae. The Operator shall provide the Clients with the Services in return for payment according to a valid price list of services published on the Website. If any Client wants to use the Services provided by the Operator, the Client shall be required to register on the Website. The Client shall register by completing the online registration form. By registering on the Website, the Client agrees to the wording of these GCTC and to the processing of their personal data pursuant to the provisions of Art. 6 Clause 1 Point a) of GDPR and § 13 Clause 1 a) of Act no. 18/2018 Coll. regarding natural persons. The Client may cancel registration at any time by sending an e-mail message in which the Client requests the Operator to cancel such Client's registration. The cancellation of said registration shall be without prejudice to the duration of any existing contractual relations between the Operator and the Client, and such contractual relations shall also remain unchanged and in force after the cancellation of said registration.
3. A Job Offer shall mean any offer of a job vacancy (including any agreements performed outside the scope of employment and other legal forms of employing natural persons under foreign legal systems) in HORECA and Tourism which is published on the Website after the Client places the order. Any and all offers that do not correspond to nature of the Job Offer in HORECA and Tourism (including, but not limited to, any offers containing false or misleading information, surreptitious advertising, offers containing vulgarisms, offers of erotic content, etc.) shall not be deemed the Job Offer and the Operator shall reserve the right not to publish or the right to delete the same from the Website.
4. A Registered Entity shall mean any natural person or legal entity who has registered on the Operator's Website by completing the online registration form, has been provided with an online account protected by a unique log-in name and password and who agrees to the wording of these GCTC by its registration.
III. Registration and Conclusion of the Contractual Relationship
1. The registration on the Website shall be required for the use of any Operator's Website services. The registration shall be carried out by completing the online registration form. After successful registration, the Operator shall provide the Registered Entity with the online account that is protected by a unique log-in name and password. Any and all the Registered Entities shall be obliged to protect their log-in names and passwords against any misuse and they shall not disclose the same to any third parties. By registering on the Website the Registered Entity agrees with the wording of these GCTC and with the processing of its personal data pursuant to the provisions of provisions of Art. 6 Clause 1 Point a) of GDPR and § 13 Clause 1 a) of Act no. 18/2018 Coll. regarding natural persons.
2. The Client may order the Operator's services by electronic means via the Client's online account, e-mail or on the basis of the Client's personal order. Any order must contain at least the following information:
a) legal entity: company name, address IČO, DIČ and/or IČ DPH if relevant, contact person, legal form, correspondence address,
b) natural person: commercial name, first name, last name, commercial or residential address of Client, correspondence address of Client,
c) Client’s contact details (phone, fax, e-mail),
d) bank account number,
e) type and length of Service ordered according to the current price list.
Any order which does not contain the required data mentioned above shall not constitute an eligible proposal to conclude a contract with the Operator.
3. The contractual relationship by and between the Client and the Operator shall be concluded upon confirming the order of a service (via the Website) by the Operator. The provision of a service ordered by the Client shall also be deemed the order confirmation. The contract shall be concluded for a definite period of time, according to the duration of providing a service ordered by the Client.
4. The order confirmed by the Operator shall be binding and may be changed only by the mutual consent of both parties thereto. Any such change of the Order may be subject to the payment of an administrative fee fixed by the Operator.
5. The contract with the Operator may be terminated before the expiry of the term thereof upon a written agreement of the parties thereto. Other methods of terminating the contract with the Operator, as well as the grounds for that shall be governed by the relevant provisions of the Commercial Code.
6. The Operator shall be entitled to withdraw from the contract even if the Client is in default with the payment of the service ordered. The Operator shall be entitled to withdraw from the contract with the Client by delivering a contract withdrawal notice electronically to the Client's email address which was provided on the registration form or in writing to the Client's registered office, place of business, or residence stated in the registration form.
7. If the contract is terminated through no fault of the Operator's without using the services ordered by the Client, the Client shall not be entitled to recover the price agreed. The Operator shall assume no liability for the incomplete use of the service.
IV. Services Provided to Job Seekers
1. The Services provided to Job Seekers shall constitute a through-the-Website opportunity, including without limitation, to:
a. browse and search for Job Offers according to the criteria selected by a Job Seeker; to enter the search criteria for the automatic sending of suitable Job Offers; such suitable Job Offers shall be sent to the Job Seeker's email address;
b. respond after registration to a Client's Job Offer which is published on the Website;
c. save and make after registration a Job Seeker's curriculum vitae available in the Operator's database of curricula vitae through the online form completed on the Website; the Operator shall reserve the right to edit and make the Job Seeker's curriculum vitae reasonably structured; the Operator shall also reserve the right to delete from the Operator's database of curricula vitae any curriculum vitae that has no connection with HORECA and Tourism, contains insufficient information for a job search, or that in the Operator's opinion contains irrelevant information or data not related to a job search (e.g.: political and religious views, advertising, vulgarisms, etc.);
d. archive after registration sent responses to Job Offers published on the Website.
V. Services Provided to Clients
1. After registration on the website the Client shall be entitled, including without limitation, to:
a. publish a Job Offer, to edit and delete such a Job Offer;
b. have access to the Operator's database of curricula vitae; the Operator shall enable the Client‘s access to the database of curricula vitae uploaded by Job Seekers who granted their consent to process their personal data and to the further disclosure thereof to the Clients; the Client may use the data obtained from the Operator's database of curricula vitae on Job Seekers solely for looking for a suitable employee.
2. The Operator shall reserve the right not to publish any inappropriate offers or the right to delete the same from the Website, including, but not limited to, the offers:
a. promoting war or describing a cruel or otherwise inhuman action in a manner that is inappropriate derogation, justification, or approval of the same;
b. containing vulgarisms;
c. promoting child pornography;
d. promoting political parties or movements and/or the representatives thereof;
e. containing an open or surreptitious advertising of any natural person or legal entity, of any goods or services;
f. promoting and/or constituting any form of action which is contrary to the legal system of the Slovak Republic;
g. containing false, unproven, misleading, or deceptive information on any third party;
h. circumventing the aforementioned bans.
VI. Personal Data Protection
1. The Operator processes any personal data of the Clients and Job Seekers in the scope of data which were voluntarily made available to the Operator within the online registration forms on the Website, Job Seekers' curricula vitae uploaded to the database on the Website, as well as within responses to Job Offers published on the Website. The Operator processes all personal data of concerned persons in the Operator’s information system on the basis of consent to process personal data in compliance with Art. 6 Clause 1 Point a) of GDPR and § 13 Clause 1 Point a) of Act no. 18/2018 Coll., given by concerned persons by filling in the on-line registration form on the web portal.
2. The Operator processes personal data of Clients stated in Art. III Clause 2 Point b) to d) of General Commercial Terms and Conditions, if concerning natural persons. The Operator does not process information stated in Art. III Clause 2 Point b) to d) of General Commercial Terms and Conditions, if concerning a legal entity.
3. The Operator processes the following categories of personal data of Job Seekers:
a) identification data (title, first name, surname, address, date of birth, birth number, identity document number, citizenship, email address and phone number),
b) descriptive data (education, previous employment, professional experience, interests, language skills, computer skills, etc.),
c) images (CV portraits).
4. The Operator does not process sensitive personal data of special categories in compliance with Art. 9 of GDPR and § 16 of Act. No. 18/2018 Coll., such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical convictions or membership in workers’ unions, genetic data, biometric data for the individual identification of a physical person, personal health data, data concerning sexual life or sexual orientation of a physical person.
5. The Operator does not intend to transfer any personal data of Clients and Job Seekers to third parties or international organizations.
6. Consent to process personal data is always given for limited period of three years. After this period personal data will be deleted. This consent can be revoked anytime in writing, delivered to the address of the Operator.
7. The personal data of Clients and Job seekers provided to the Operator are processed by the Operator’s information system, consisting mainly of the Website, by automatic and/or non-automatic means. The Operator processes personal data of Job seekers for the purpose of providing help to Job seekers in their search for job opportunity through the Website and the database of Job seekers; the personal data of Job seekers processed by the Operator can for this purpose be made available to the potential employers.
8. The Job Seeker or the Client can at any time request a statement whether his/her personal data have been processed, or to what extent the Operator or Client keeps these records. The Job Seeker or the Client is entitled to request at any time that the Operator corrects or deletes personal data kept by the Operator, limits the extent of processing personal data, and also stops processing personal data.
9. In the request for access to personal data, the Job Seeker or Client must explicitly specify that he/she is requesting access to personal data and/or a copy of personal data, otherwise the Operator is entitled to consider the request of the Job Seeker of the Client a request for a statement whether his or her personal data are processed. The first copy of personal data is free of charge. The Operator is entitled to charge an administrative fee for any further copies.
10. The Job Seeker or Client can at any time claim own rights via a written request addressed to the Operator by post or electronically. In the case that the request is made in person or by phone, the Operator will give requested information only if the identity of the Job Seeker or Client is properly proved.
11. The Job Seeker or Client is entitled to file a complaint to the supervisory body, which is the Office for Personal Data Protection of the Slovak Republic, should he or she suspect that the personal data processing violates GDPR.
12. The Operator is bound to privacy with regard to the content of the personal data of Clients and Job Seekers in compliance with GDPR and Act no. 18/2018 Coll. and agrees to not use them for personal gain or make them available to third parties without the consent of the person concerned. The Operator undertakes to maintain confidentiality with respect to the contents of the Client's and/or Job Seeker's personal data under the Act on Personal Data Protection and not to use the same for the Operator's personal use or to disclose the same to any third parties without the consent of a data subject. The obligations under this clause shall be binding upon any and all Operator's beneficiaries who come into contact with the Client's and/or Job Seeker's personal data when conducting their activities for the Operator. The provision of this clause shall not affect the obligations resulting from the relevant legal regulations and/or decisions of the bodies concerned.
13. In compliance with Art. 37ff. of GDPR and § 44ff. of Act no 18/2018 Coll., the Operator has appointed a person in charge.
VII. Price of the Operator's Services and Terms of Payment
1. The price of the Service is fixed according to the Operator's valid price list published on the Website on the day of ordering the Service. The price of the Service ordered shall be paid by the Client on the basis of an invoice issued by the Operator using a wire transfer to the bank account specified on the invoice no later than on the due date of the invoice.
2. An invoice (tax document) shall usually be issued by the Operator after providing services to the Client; the Operator shall also reserve the right to issue an advance invoice for an advance payment for providing its services. The invoice due date shall be the 15th day from the issuance of the invoice, unless the parties thereto agree otherwise. In justified cases, the Operator shall be entitled to provide the Service ordered after the payment of the Price of the Service ordered; the Operator shall notify the Client of the said fact in advance.
3. In case of the Client's default with the payment of an invoice, the Operator shall claim interest on the late payment of 0.1% of the outstanding amount for each day of the default; at the same time, the Operator shall be entitled to suspend the further provision of the Services to the Client until the invoiced amount is paid in full. In case of the Client's default, the Operator shall be entitled to withdraw from the contract concluded with the Client and to assign the claim against the Client to be collected by a competent authority. The Operator shall refund the overpayments of invoices to the Clients only if such overpayments exceed the amount of EUR 0.50 in particular cases; the overpayments amounting to less than EUR 0.50 shall not be deemed unjust enrichment.
VIII. Liability for Damage
1. The Operator shall not be liable for the contents of an offer published on the Website, including, but not limited to, its graphical representation (e.g.: logo, photograph, or any other result of an intellectual creative activity), grammatical correctness, etc. The Client shall be solely liable for the violation of any rights of third parties which might arise in a causal connection with the publication of the Client's offer on the Website. The Operator shall not also be liable for any damage that might arise in a causal connection with the publication of the Client's offer on the Website. The Client undertakes that if any claims are raised against the Operator due to the violation of any rights of third parties in connection with the publication of the Client's offer on the Website, the Client shall satisfy such claims and indemnify the Operator for that in full.
2. The Client shall be obliged to protect any personal data that were disclosed to the Client by the Operator and through the Operator's Website; the Client shall also ensure that such data shall not be disclosed or provided to any other person or published. The Client shall be fully liable for any damage caused by the breach of the foregoing obligation.
3. The Operator shall not be responsible to the Client for finding an applicant suitable for filling a vacancy and for the continuation of the applicant in employment or a similar relationship. The Operator shall not warrant Job Seekers finding a suitable job opportunity and the duration of their employment or similar relationship.
4. The Operator shall not be liable for any damage that the Clients, Job Seekers or third parties may incur as a result of using the Websites, including lost profits or loss of any data.
5. The Operator shall not be liable for any misuse of the Client's or Job Seeker's log-in name and password by any unauthorized person, and the Operator shall also not be liable for any damage or any other claims of third parties arising out of such misuse.
IX. Warranty Terms and Conditions
1. The Operator's fault shall mean the disclosure of any inaccurate or incomplete information contrary to a Client's order (hereinafter referred to as the “Fault”). The Client shall be entitled to complain about the Fault that occurred on the Operator's Website in connection with the service ordered by the Client.
2. The Operator's fault shall on no account mean if any ordered service is not available due to the outage of an electronic communication network, power failure or due to any other factors that are independent of the Operator's will.
3. The complaint may be made by the Client in writing (by posting the complaint to the Operator's registered office), via telephone by calling the number: +421 902 419 099, via e-mail by sending the complaint to the address: firstname.lastname@example.org, and the complaint must be delivered to the Operator. The Operator undertakes to notify the Client of the complaint settlement within 30 days of the receipt of the complaint.
X. Common and Final Provisions
1. The Operator shall reserve the right to alter or amend these GCTC, and the Operator shall forthwith make a notification of such alterations and amendments by publishing a new GCTC on the Website specifying the date as of which such alterations and amendments come into force and effect. The force and effect of the previous GCTC shall expire upon publishing the new GCTC on the Website. Any and all legal relations related to the provision of the Operator's services through the Website shall be regulated by the wording of those GCTC which were in force and effective at the time of concluding the contractual relationship.
2. Any and all rights and obligations of the parties thereto which are expressly stipulated neither in the contract concluded between the Operator and the Client nor herein shall be governed by the relevant provisions of the Commercial Code as amended and by the other applicable laws of the Slovak Republic.
3. Any differing provisions of the contract shall take precedence over these GCTC. The operation of these GCTC or of any part hereof may be excluded only by a written agreement of the parties thereto and annexed to the contract.
4. These GCTC shall come into force and effect as of the date of being published on the Website.