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User Agreement


User Agreement

This User Agreement (hereinafter - "Agreement") Licensor - Glamping.ge (OGRNIP 318774600140330) (hereinafter glamping.ge) defines the rules of use by Licensees - Users of the information system "glamping.ge", which is a set of computer programs of the Licensor's own development and databases, placed on the website. https://glamping.ge (and all registered subdomains of the type https://имя.glamping.ge, hereinafter referred to as the "Site"), as well as glamping.ge application for mobile devices of the Licensor's own development.

1. General Provisions

1.1. This Agreement is a license agreement-offer, i.e. an offer addressed to a specific person (User), which expresses glamping.ge's intention to consider itself as having concluded an Agreement with the User.

1.2. The Agreement is developed by glamping.ge and defines the terms of use of the Website, as well as the rights and obligations of its Users and glamping.ge. The terms and conditions of the Agreement also apply to the relations related to the rights and interests of third parties, both those who are Users of the Website (e.g. Partners) and those who are not, whose rights may be affected as a result of the actions of the Website Users.

1.3. This offer is governed by the following legal norms: in accordance with paragraph 2 of Art. 432 of the Civil Code of the Russian Federation (CC RF) "the contract is concluded by sending an offer (proposal to conclude a contract) by one party and its acceptance (acceptance of the offer) by the other party"; in accordance with para. 1 of Art. 433 of the Civil Code of the Russian Federation "The contract is recognized as concluded at the time of receipt by the person who sent the offer, its acceptance"; in accordance with paragraph 2 of Art. 434 of the Civil Code of the Russian Federation "a contract in writing may be concluded by ... exchange of documents by postal, telegraphic, teletype, telephone, electronic or other communication, allowing to reliably establish that the document comes from the party to the contract"; in accordance with paragraph 3 of Art. 434 of the Civil Code of the Russian Federation the written form of the contract is considered to be complied with, if the written offer to conclude the contract is accepted in accordance with the procedure stipulated by paragraph 3 of Article 438 of this Code; in accordance with paragraph 3 of Art. 438 of the Civil Code of the Russian Federation "Performance by the person who has received the offer, within the term established for its acceptance, of actions on fulfillment of the contract conditions specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered as acceptance, unless otherwise provided by law, other legal acts or specified in the offer".

1.4. The User is obliged to fully familiarize with the terms and conditions of this Agreement before registering on the Website. Registration of the User on the Site means full and unconditional acceptance by the User of the Terms of this Agreement (acceptance of this offer in accordance with Article 438 of the Civil Code of the Russian Federation). If the User does not agree with any of the provisions of the Agreement, the User may not use the services of glamping.ge.

1.5. The terms and conditions of this Agreement may be changed and/or amended by glamping.ge unilaterally without any special notice. This Agreement is an open and publicly available document. The current version of the Agreement is available for review at: https://glamping.ge/oferta. glamping.ge recommends Users to regularly check the terms of this Agreement for changes and/or amendments. Continued use of the Website by the User after changes/additions to the terms and conditions of this Agreement means that the User accepts such changes/additions and agrees with them.

1.6. On the basis of this Agreement glamping.ge provides Users with the right to use all services and features (components) of the information system "glamping.ge" of the Licensor's own development, i.e. the Site and application for mobile devices, including navigation, communication, search, placement and storage of information and materials (content), booking, etc. on the terms of a simple non-exclusive license. All currently existing services, as well as any development and/or addition of new ones, are subject to this Agreement. Technical, organizational and commercial conditions of the services, including their functionality, are brought to the User's attention by posting information on the Website, including in the User's Personal Cabinet.

1.7. For the purpose of unambiguous interpretation of the terms and conditions of the Agreement, the names "glamping.ge", "Licensor" are recognized as equivalent and denote glamping.ge; the names "User", "Licensee" are equivalent and denote a person who has accepted all the terms and conditions of the Agreement, i.e. concluded it with "glamping.ge" on the terms and conditions of the published offer.

1.8. The information system "glamping.ge" as a whole and its individual services (components), including the source code and object code, are copyright objects, which are protected in accordance with the current legislation of the Russian Federation. All exclusive rights to the information system "glamping.ge" belong to glamping.ge. The User has no right to use, copy, distribute any components of the information system beyond the rights granted on the basis of this license agreement, except for the cases established by Article 1280 of the Civil Code of the Russian Federation.

2. Status of the Site

2.1. The Website is an Internet resource and is a set of information, databases and computer programs contained in the information system that ensures the availability of such information on the Internet at the address: https://glamping.ge(and the addresses of the relevant subdomains) and in the mobile application.

2.2. The website glamping.ge is available to all interested parties in accordance with the terms of this Agreement and the current legislation of the Russian Federation.

2.3. Exclusively for the purpose of viewing and searching information, any natural or legal persons have the right to use the information system "glamping.ge" free of charge, i.e. without paying license fees. Other components of the information system, including the means of reservation of selected objects, confirmation of reservations, means of creation and publication of own announcements about rental of objects, are used by Users under the terms of this Agreement with payment of license fee.

3. Registration on the Site and the status of the User

3.1. In order to use some services of glamping.ge or some separate functions of the services, which are available under the terms of the Agreement only to Licensees, the User must go through the registration procedure, as a result of which a unique account will be created for the User (hereinafter - "Personal Account").

3.2. Users of the Website are individuals who have reached the age of 18, as well as legal entities that have accessed the information materials and services of glamping.ge through their representative with the appropriate authorization.

3.3. When registering on the Website, the User is obliged to provide the necessary reliable and up-to-date information to form a Personal Account, including cell phone number and e-mail address unique for each User to enter the Website, as well as surname and first name (or name of the organization) - Registration Data. The registration form of the Website may request additional information from the User. glamping.ge has the right to set password requirements (length, allowed characters, etc.).

If the User is a legal entity or an individual entrepreneur (or a person equal to his/her status, who receives entrepreneurial income from renting or leasing real estate), he/she is obliged to provide glamping.ge, as the owner of the information aggregator, with information about himself/herself, stipulated by Article 9, including the company name (name), location (address), mode of operation, state registration number of the record on the establishment of the legal entity, in accordance with the requirements of the Law of the Russian Federation "On Protection of Consumer Rights".

3.4. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Russian Federation of the provided Registration Data and their purity from claims of third parties. If the User provides incorrect Registration Data or glamping.ge has reason to believe that the Registration Data provided by the User is incomplete or unreliable, glamping.ge has the right at its discretion to block the User's Personal Account and refuse to allow the User to use its services (or their individual functions).

3.5. Upon registration, the User agrees with this Agreement and assumes the rights and obligations specified herein related to the use and operation of the Website under a simple non-exclusive license.

3.6. glamping.ge reserves the right at any time to require the User to confirm the Registration Data and the information provided by the User in the advertisements and request personal information and necessary documents (in particular - identity document, documents confirming the ownership of the real estate described in the advertisements created and published by the User), the failure to provide which, at the discretion of glamping.ge, may be equated to the provision of false information and may result in the User's failure to comply with the terms and conditions of the Agreement and the Agreement. 3.4 of the Agreement.

Conditions of personal data processing

3.7. By accepting the terms and conditions of this Agreement by registering on the Website, the User declares that he/she hereby makes the following personal data publicly available: name, surname, contact phone number, and gives glamping.ge his/her consent to the processing of his/her personal data provided during registration. Processing of User's personal data is carried out in accordance with the legislation of the Russian Federation. glamping.ge processes User's personal data in order to fulfill its obligations under this Agreement, to enable the User to use the information system "glamping.ge".

glamping.ge processes the following personal data of the User: surname, first name, patronymic, telephone number, e-mail address, user data (location information, type and version of the operating system used, browser type and version, type of device and its screen resolution, sources of User's access to glamping.ge website, language of the operating system and browser, information about User's activities on the website, ip-address). glamping.ge performs the following actions with User's personal data with or without the use of automation tools: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), blocking, deletion, destruction.

glamping.ge provides access to the User's personal data only to those third parties, contractors, employees, contractors and agents of glamping.ge, who need this information to ensure the functioning of the Website and provision of other Services to the User, which are not included in the subject matter of this Agreement. The User agrees to receive messages in electronic form containing information on transactions made by the User (cashier's checks, accounting forms or information on cashier's checks, etc.), including from third parties. The Website Administration has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including for the purpose of prevention and/or suppression of illegal and/or unlawful actions of Users). Disclosure of information provided by the User may be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation. The User's consent to the processing of personal data is given for the entire period during which the User uses the glamping.ge website and until the User withdraws his/her consent to the processing of personal data. Withdrawal of consent should be sent by the User to the e-mail address pd@glamping.ge or in writing to glamping.ge, the withdrawal should contain information that allows to reliably identify the User and his/her will to withdraw consent. If the employees of glamping.ge have doubts that the feedback comes from the User indicated in it, these employees have the right to contact the User at the telephone number or other contact information indicated by the User.

The User has the right to contact glamping.ge in order to clarify, change, block, delete part or all of their personal data. In this case the User understands that further use of glamping.ge website without some personal data becomes impossible.

3.8. The Registration data specified by the User and the password provided by glamping.ge or generated by the User are necessary and sufficient information for the User's access to the Website. The User has no right to transfer their Registration Data to third parties, bears full responsibility for their safety, and chooses the method of their storage independently. The User on the hardware and software used by the User may allow storing a password (using cookies) for subsequent automatic authorization on the Site.

3.9. Unless the User proves otherwise, any actions performed in the information system "glamping.ge" using his/her Registration Data shall be deemed to have been performed by the respective User. In case of unauthorized access to the User's Personal Account or password distribution, the User is obliged to immediately notify glamping.ge by writing to glamping.ge e-mail.

4. Rights and obligations of the User

4.1. When using the information system "glamping.ge" the User is obliged:

4.1.1. comply with the provisions of the current legislation of the Russian Federation, this Agreement and other special documents of glamping.ge;

4.1.2. provide reliable, complete and up-to-date data during registration and keep them up-to-date;

4.1.3. inform glamping.ge about unauthorized access to the Personal Account and/or about unauthorized access and/or use of the User's password;

4.1.4. not to provide other Users with access to the Registration Data, their own personal page or any information contained therein in case it may lead to violation of the legislation of the Russian Federation and/or this Agreement, other documents posted by glamping.ge on the Website;

4.1.5. keep secret and not provide other Users and third parties with Registration data (including, but not limited to personal data, passport data, banking information) of other Users, Partners and any third parties that became known to him as a result of using the Website without obtaining a corresponding prior permission of the latter.

4.1.6. pay a license fee to the Licensor under the terms of this Agreement.

4.2. When using the Website, the User is prohibited to:

4.2.1. register as a User on behalf of or instead of another person ("fake account");

4.2.2. re-register in the system using additional data for account creation (create a "duplicate" account)

4.2.3. mislead Users about their identity by using Registration data of another registered User;

4.2.4. misrepresent yourself, your age or your relationship with other persons or organizations;

4.2.5. illegally upload, store, publish, distribute, access or otherwise use the intellectual property of Users, Partners and other third parties;

4.2.6. send messages without the consent of the Users of the Website and glamping.ge;

4.2.7. use software and perform actions aimed at disruption of normal functioning of the Website and its services or personal pages of Users and Partners;

4.2.8. download, store, publish, distribute and provide access to or otherwise use viruses, Trojan and other malicious programs;

4.2.9. use automated scripts (programs) without special permission of glamping.ge to collect information on the Website and/or interact with the Website and its services;

4.2.10. by any means (including, but not limited to: fraud, breach of trust, hacking) attempt to gain access to the registration data of another User;

4.2.11. unlawfully collect and process personal data of other persons;

4.2.12. access (attempt to access) any components of the information system "glamping.ge" in any other way than through the interface provided by glamping.ge, unless such actions have been expressly authorized to the User in accordance with this Agreement with glamping.ge;

4.2.13. reproduce, duplicate, copy, sell, trade and resell the information system "glamping.ge" as a whole and any of its parts, components separately for any purpose, except for cases when such actions have been expressly authorized to the User in accordance with the terms of a separate agreement with glamping.ge;

4.2.14. to place commercial and political information outside special sections of the Site established by glamping.ge (the User shall purchase other paid services on the Site in accordance with the procedure established by a separate Agreement on provision of additional paid services when using the information system "glamping.ge");

4.2.15. use the Website for making sham or sham lease transactions, use the Website, services provided by it, information about the Website and glamping.ge, trademarks and service marks belonging to glamping.ge, other commercial and business information about glamping.ge and the Website, other objects of glamping.ge and the Website in any other unfair way. ge and the Website, other intellectual property objects and means of individualization to obtain any unlawful benefit for themselves or third parties or, on the contrary, to cause material damage, damage to the business reputation of third parties or glamping.ge.

4.3. The User is personally responsible for any information he/she places on the Website, communicates to other Users, as well as for any interactions with other Users and Partners carried out at his/her own risk.

4.4. In case of disagreement of the User with this Agreement or its updates, as well as the terms and rules of the services, the User is obliged to refuse its use by written application to the technical support of the Site with subsequent blocking of the account on the Site.

5. Terms of cooperation. Rights and obligations of glamping.ge

5.1. The Parties hereby express their understanding that glamping.ge does not own or manage real estate objects, offers for which are published by the User or booked by the User. The information system "glamping.ge" is a platform for placement of rental offers by Users, who alone, without participation of glamping.ge, dispose of the specified real estate objects. glamping.ge does not participate in transactions, but gives Users (tenants and landlords) the opportunity to conclude transactions directly.

5.2. By accepting this Offer, the User confirms that glamping.ge is not responsible for any part of the real estate rental transaction, for the relevance and reliability of the information in the rental offers.

5.3. glamping.ge is not responsible for the relevance and accuracy of the rental offers posted on the Website, including the accuracy of the geographical location of the property, available amenities, possible rental dates, etc., as well as for the tenants' reviews of the accommodation, etc.

5.4. glamping.ge is not responsible for the condition of the properties, nor for compliance with laws, rules and regulations that may be applicable to any property in any jurisdiction.

5.5. Users use the components of the information system "glamping.ge" provided to them under a simple non-exclusive license independently, without any interference from glamping.ge, which acts solely as an intermediary between Users, providing access to the information system and, upon the tenant's request, providing contact details of the landlord.

5.6. glamping.ge declares and the User understands and agrees that the User is solely responsible for the validity of the information provided by the User in the published advertisements, as well as in the booking application, including the accuracy, completeness and correctness of the information displayed on the Website, as well as for the observance of the copyright on the photographs illustrating the publications.

5.7. glamping.ge is not responsible for any delays caused by temporary or partial breakdown, repair, improvement or maintenance of the Site, inaccurate, inaccurate or false information provided by the User.

5.8. This Agreement may be terminated prematurely on the initiative of glamping.ge in the following cases:

— User's violation of the terms and conditions of using the Website in accordance with this Agreement,
— User's disagreement with the terms and conditions of this Agreement or terms and conditions of service provision, including those expressed in written and oral form to the employees of glamping.ge.

From the date of termination of this Agreement at the initiative of glamping.ge, access to the User's account shall be blocked for the User. Unspent funds deposited as license fees and on the User's account shall be reimbursed upon written request (in the prescribed form) of the User to glamping.ge by the method chosen by glamping.ge, less incurred expenses, taxes and commissions of third-party services.

In case of suspected violation of the terms and conditions of this Agreement by the User, including any of the clauses of Section 4, glamping.ge is also entitled to block the User's account until all circumstances confirming or refuting the fact of violation are clarified.

5.9. glamping.ge has the right to send the User information about the development of the Website and its services, as well as to inform about its own activities and services.
The User agrees to send sms and mail messages to the phone number(s) and e-mail address(es) indicated during registration.

5.10. The User grants glamping.ge the right to use its content and the copyright objects included in it (texts of comments, photos and evaluations, text of advertisements, photos of the object) under a non-exclusive license: perpetually, without remuneration, in any manner, for worldwide operation, with or without specifying the name of the author. glamping.ge may use the user's content to fulfill the User Agreement, improve glamping.ge, for marketing purposes, in commercial and non-commercial projects. Within the framework of realization of partnership projects in the interests of Users, glamping.ge has the right to place user content on other Internet resources.

glamping.ge has the right to place advertisements published by Users or reviews of other Users under published advertisements on domains owned by glamping.ge, but designed under the partner's brand, or on domains owned by the partner and allocated by it for glamping.ge, as well as other Internet resources. Users' content is posted in full without any edits and changes, including comment texts, photos and evaluations, text of advertisements, photos of the object. The User agrees with such transfer and understands that the data, texts and photos posted by him/her independently and publicly must comply with all norms of the current legislation.

5.11. Any claims of the User related to real estate objects, their rent, etc., actions and information beyond the boundaries of glamping.ge's responsibility are subject to presentation to the relevant persons - other Users and/or Partners and/or other third parties, whose actions/inaction caused the User to have such claims.

5.12. The User uses the services of glamping.ge at his/her own risk. glamping.ge does not assume any responsibility, including for the compliance of the services with the User's goals.

5.13. glamping.ge does not guarantee that: the services meet/will meet the User's requirements; the services will be provided continuously, quickly, reliably and without errors; the quality of any product, service, information, etc., obtained through the use of the services will meet the User's expectations.

5.14. glamping.ge reserves the right to make changes to the terms and conditions of providing the information system "glamping.ge" for use. By continuing to use the services of the Website, the User agrees to the changes made.

5.15. Reduction of the price of transactions between the User and the landlord as a result of a discount announced on the Site (in any form, within the framework of promotions, bonuses, etc.) is an agreement of the terms of the contract between the User and the landlord, and the receipt of a discount does not lead to interdependence between the User and the landlord. The provided discounts reduce the market price of the service. At the same time, in accordance with the provisions of Article 40 of the Tax Code of the Russian Federation, the price reduction cannot be considered as income (economic benefit) received by an individual - User of the Website.

6. Protection of intellectual rights and means of individualization

6.1. All objects placed on the Website, including design elements, text, graphic images, illustrations, video, scripts, programs, music, sounds and other objects and their collections (hereinafter - Content), are the objects of exclusive rights of glamping.ge, Partners, Website Users and other right holders. All rights to these objects are reserved.

The designations "glamping.ge", "Sutochno", "glamping.ge", "glamping.ge" are registered trademarks of "glamping.ge" and may not be used by third parties without concluding a license agreement with "glamping.ge" for the right to use the trademark, a commercial concession agreement or obtaining written permission from "glamping.ge" to use the designation free of charge under limited conditions.

6.2. Except for the cases established by this Agreement, as well as the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, framed, published, downloaded, transmitted, sold or otherwise used in whole or in part without the prior permission of the right holder, unless the right holder has expressly expressed his consent to the free use of the Content by any person.

7. License Fees under the Agreement

7.1. The license fee is paid by the User to glamping.ge for each fact of using the component of the information system "glamping.ge", which allows to make online booking of the selected rental object, to make a prepayment for the booked rental object and to receive a booking confirmation. The amount of each license fee is calculated automatically and makes from 15% to 25% of the total cost of accommodation. The cost of rent in the advertisements issued by the information system is indicated taking into account the license fee and is not charged in excess of it.

7.2. The license fee is paid by the User by cashless payment method, including using valid online payment systems, to which glamping.ge is connected, simultaneously with the prepayment amount agreed with the landlord (User who has published an advertisement for the rental of the object). The date of the license payment is the date of crediting the funds to the current account of glamping.ge.

7.3. The license payment is a remuneration to glamping.ge for the licensed right to use the information system "glamping.ge" and does not depend on other settlements made between the User and the lessor within the framework of their own rental agreement, rental of residential premises, etc. In cases specified in the "Rules for Prepaid Accommodation Reservation" (annex to the present Agreement) it is allowed to return a specific license payment to the User, related to partial or full refusal of the User to use the functionality provided by the information system.

8. Final provisions

8.1. If any term of this Agreement shall be invalid or unenforceable under the current legislation of the Russian Federation, all other terms shall remain in force, and the invalid or unenforceable term shall be deemed replaced by the corresponding valid, enforceable term of the current legislation of the Russian Federation, which most closely corresponds to the intent of the original term.

8.2. Nothing in the Agreement may be understood as establishing between the User and glamping.ge agency relations, partnership relations, relations of joint activity, relations of personal employment, or any other relations not expressly provided for by the Agreement.

8.3. If one or several provisions of this Agreement are recognized invalid or unenforceable for one reason or another, this shall not affect the validity or applicability of the remaining provisions of the Agreement.

8.4. Inaction on the part of glamping.ge in case of violation of the provisions of the Agreement by the User or other users does not deprive glamping.ge of the right to take appropriate actions in defense of its interests later, nor does it mean a waiver of glamping.ge's rights in case of similar or similar violations in the future.

8.5. This Agreement is drawn up in Russian and in some cases may be provided to the User for familiarization in another language. In case of discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.

8.6. The Agreement comes into force from the moment the User - Licensee starts using the information system and is valid during the entire term of the Licensor's exclusive rights to the information system "glamping.ge". The terms of early termination of the Agreement on the initiative of the Parties are given above. At the initiative of the User, the Agreement may be terminated early at any time, provided that there are no outstanding obligations and is expressed in the User's refusal to use the information system "glamping.ge", deletion of personal account and published ads.

8.7. The Annexes, i.e. an integral part of this Agreement, are:

— The rules for booking accommodation with prepayment through glamping.ge, posted in the relevant section of the Site at: https://glamping.ge/oferta;

— The Rules for Publication of Announcements posted in the appropriate section of the Site at: https://glamping.ge/oferta.