Terms and conditions

TERMS AND CONDITIONS OF USE OF THE »LJUBLJANA BY WHEELCHAIR« APPLICATION

GENERAL PROVISIONS

Article 1

The general terms and conditions of use for the "LJUBLJANA BY WHEELCHAIR" application are drawn up in accordance with the Consumer Protection Act (ZVPot), the Law on Electronic Commerce on the Market (ZEPT), the Personal Data Protection Act, the European General Data Protection Act (GDPR), the Law on electronic communications (ZEKom) and other binding legal bases.

General terms and operating conditions relate to the functioning of the »LJUBLJANA BY WHEELCHAIR« application and determine the rights and obligations of its users. 

Terms of use represent a legal agreement between the user (individual natural person or legal entity) and the company Dostopnost d.o.o. regarding the services of the »LJUBLJANA BY WHEELCHAIR« application (hereinafter “application”). When a user accesses or otherwise uses this application, he is bound by stipulations of present terms and conditions of use.

The end user who does not agree with these terms and conditions of use, cannot use the application and related services.

Article 2

The application describes activities and services that are accessible to users (mainly tourists) within the scope of the tourism offer, including a clear description of the offer, which clarifies the adequacy of the offer according to the user's degree of disability and his/hers needs.

The company Dostopnost d.o.o. (hereinafter DOSTOPNOST) owns the application in question and explicitly states that in its application only offers verified information regarding accessibility and suitability regarding people with disabilities.

By entering/visiting the site, the user acknowledges that he/she is familiar with these Terms and Conditions of Use, that he/she agrees with it and is bound by its terms.

These Terms of Use apply to all upgrades and / or new versions and / or any other changes made to the application.

RESPONSIBILITY AND FUNCTIONING OF THE APPLICATION

Article 3

Information regarding the accessibility and suitability offered by the application is verified by the page DOSTOPNOST directly from tourism providers.

DOSTOPNOST shall not be held liable for the inaccuracy of information provided by the tourism providers based on the acceptance of these Terms of Use and is expressly relieved of any blame or liability for damages caused by or resulting in reliance to the information obtained via this application. 

DOSTOPNOST is not liable for any actual and/or legal faults/errors in relation to the object offered by the tourism providers. The provider is entirely responsible for any actual and legal errors.

DOSTOPNOST strives to ensure that:

  • The application will function without interruptions, but it is not responsible for failure in functioning due to interruptions caused by a third party or force majeure that could not be avoided or removed.
  • In the event of interruption or web site failure, to restore the proper functioning as soon as possible.
  • The provided data are current and up-to-date and are verified as well as accurately and timely published in the application.

DOSTOPNOST does not assume any damages or other liability for errors or omissions in relation to the content of the application, and at the same time reserves the right to modify, delete, complements, and update the functionality of any part of the content.

The application is publicly assessable. The service is available 24 hours a day and 365 days a year.

DOSTOPNOST reminds users that the data transfer while browsing, using services and contents on websites can be charged according to the price list of their operators or service providers.

In no case shall DOSTOPNOST assumes any liability and does not give any warranties to the user for any operational failure or usage failure regarding the application but will only strive to provide smooth functioning of the application.

DOSTOPNOST is not responsible for the occasional failure in functioning of the application, the possible inaccuracy of provided data and also not for the potential damage and / or loss of income. DOSTOPONOST is therefore not liable for any damages which, for example, derive from accessing the information, the use or inability to use the information, or any errors or omissions in its related content.

The data on the application is purely for information purposes, therefore DOSTOPNOST does not assume any responsibility or liability for any errors in the content and the accuracy and regularity of the published data, which may have occurred due to time mismatch, input errors or other unpredictable causes. DOSTOPNOST is not liable for any errors or damages resulting from the transmission of false information and / or other activities from the sphere of the tourism provider. Also, DOSTOPNOST reserves the right to change, add or remove all or any contents posted on the application without any prior notice. All users use all published contents at their own risk, while they also must ensure proper data protection on their smartphone or tablet.

Article 4

DOSTOPNOST  binds itself to provide the user with the following information at all times: 

a) the identity of the tourism provider (name and company headquarters),

b) contact information that enable the user quick and effective communication with the tourism provider:

  • Email, address, telephone number
  • Photo or a map of provider's location 
  • A short description of the tourism provider
  • Symbols of accessibility
  • Price range 

DOSTOPNOST explicitly emphasizes that the purpose of the application is of informative nature, so that the target user can get acquainted with relevant information for a tourist who is physically impaired. For more detailed and above all further information and reservations, payments, etc., the user will directly contact the provider based on received information from the application.

THE MEANING OF USED TERMS

Article 5

The application service – providing information with a search engine supported with a Google Map to a physically impaired visitor of the city of Ljubljana (user) in relation to accessible objects across Ljubljana through several categories: Sleep, See, Drink, Eat, Shop, Do, Toilet.

Service user – any person who uses the application services in any way.
(Tourism) provider – any provider of tourism services that is suitable for physically impaired tourists / application users.

Personal data – any information relating to an individual, regardless of the form in which it is expressed. The individual must, however, be identified or identifiable as a natural person to whom the personal data relates to, whereby it is identifiable if it can be identified directly or indirectly, in particular by reference to the identification number, one or more of the factors typical of its physical, physiological, mental, economic, cultural or social identity, whereby the manner of identification does not entail large costs, disproportionately high effort or does not require much time.

IP number - according to the Information Commissioner, the IP number of the computer represents the means of at least positively identifying an individual. As such, it is a protected personal data, which can only be processed based on the applicable legislation if there is a legal basis or personal consent of the individual. Otherwise, the IP address is a protected personal information for which its processing is prohibited.

APPLICATION DOWNLOAD

Article 6

Depending on the existing smartphone and availability, it is possible for the user to download the application through online or mobile stores for mobile applications - always in the same way and under the conditions set for selected online mobile stores:

- Apple iOS: iTunes Store,

- Google Android: Play Store

The use of the application is free of charge for the user, whereby the user is obliged to pay the data transfer charged by the selected operator according to the valid price list. The transfer and use of the application, within the appropriate network, is also possible during roaming, however, when transferring data and/or using data transfer abroad, such services are charged according to the valid pricelist for GRPS transfer abroad.

INTELLECTUAL PROPERTY RIGHTS

Article 7

All data, images and other information on the application are subject to copyright protection or other protection of industrial protection as defined by the relevant law governing the protection of copyright and industrial property rights. By downloading the application, the user acquires a non-transferable and non-exclusive right to use the application solely on his smartphone or (tablet) computer. DOSTOPNOST does not transfer other material copyrights or industrial property rights to the user, nor does it give him/her the right to use trademarks, logos, corporate identity, owned by the company DOSTOPNOST. The user, for example, may not make copies of the application, install the applications on a server or other platform, rent the applications or grant sub-licenses for its use, re-process, or otherwise interfere with the operation of the application.

PERSONAL DATA PROTECTION

Article 8

Each time you visit the application, the web server automatically logs daily log files of the web server (for example, the IP number - a number that identifies each computer or other device on the web). DOSTOPNOST does not process the collected data separately and does not link them with other data. DOSTOPNOST has the insight into the overall application statistics. DOSTOPNOST is tracking statistics regarding the number of downloads and the use of the application.


Web server log files are stored for 2 months and are deleted afterwards.

DOSTOPNOST binds itself that the personal data acquired through the transfer of the application, will be protected in accordance with the applicable legislation governing the protection of personal data, the European legislation (GDPR) and the provisions of this Article.

By indicating the appropriate field, the user gives his/her explicit personal consent to DOSTOPNOST to collect and processes personal data, namely the following categories of personal data:

  • The IP address of the user

By giving consent, the user confirms that he / she is aware of all relevant rights such as, for example, the right to inspect, copy, modify, correct, block and delete his/her personal data in accordance with the applicable law governing the protection of personal data.

At the same time, the user agrees that DOSTOPNOST can process and collect data for the purposes of this Article:

- statistical processing.

DOSTOPNOST ensures that the acquired personal data of the users and all other data processed while exercising their legitimate interests, which are prevailing over the interests of the user, will be protected against unauthorized disclosure and transmission to unauthorized third parties in accordance with the applicable regulations governing the protection of personal data. DOSTOPNOST will keep personal data only as long as it is necessary to achieve the purpose for which they were collected or further processed.

At the same time, the user consents and authorizes DOSTOPNOST for the purpose:

- specified in these Terms of Use, transfer of personal data about the user to its subcontractors on the territory of the Republic of Slovenia with whom it has formed a legal contract for data processing in its behalf and for its account,

The consent may be revoked at any time by writing to Dostopnost  d.o.o., Ĺ˝itna ulica 9, 9000 Murska Sobota, with the reference “cancellation”, to the following e-mail address: aljosa@pridem.si.

OBLIGATIONS OF THE USER

Article 9

The user of the application binds itself not to use the latter for unlawful or controversial purposes. The application may not be used in a way that could hurt, disable, overburden, or harm the application or the company DOSTOPNOST.

TRANSITIONAL AND FINAL STIPULATIONS

Article 10

Any time applicable general terms and conditions are published on the website www.ljubljanabywheelchair.com.

The same applies to any changes or amendments made to the applicable general terms and conditions due to changed business policy of the company DOSTOPNOST, applicable legislation or the decisions of the competent national authorities.

DOSTOPNOST may, in accordance with applicable legislation and its business policy, change or amend the general terms and conditions, whereby it must inform the user about these changes in an appropriate way. Notice of change or amendments to the General Terms will be provided to the user via the messaging system within the application.

It is considered that the user has been notified regarding the changes or updates on the day of the announcement regarding new or amended changes/updates on the web page regarding the general terms and conditions referred to in this Article. If the user does not agree with the changed or updated general terms, he must stop using the application and delete it from his mobile phone and / or tablet computer. Any disputes between DOSTOPNOST and by the user will be solved amicable and agreed upon between the two parties, in case of failure to do so, the dispute will be solved by a court of competent jurisdiction in Ljubljana.

These general terms and conditions will enter into force and be applied on a date 30.06.2018.