Terms of Use

For advertising purchases, read the Payment terms and conditions. Those specific terms prevail for payments, the price of a specific offer, delivery and complaints. Changes to general terms do not alter a previously accepted offer's price, duration or benefits or restrict mandatory consumer rights.

1. General provisions

These Terms of Use govern the general conditions of membership, member registration, members' rights and obligations, advertising procedures, the calculation of fees (commission), privacy rules, the protection of copyright and related rights, and other matters important to the operation and use of the Gdenaplaninu.com internet platform, including the rules for using this platform (hereinafter: the Platform), which operates as an information society service provider in accordance with the regulations governing electronic commerce.

The Platform's Terms of Use (hereinafter: the Terms of Use) apply to the Platform, all content published on it and all accompanying services. They set out the rules for using the Platform.

Any use of the Platform that does not comply with these Terms of Use will be considered misuse of the Platform and a breach of the Terms of Use.

The Platform is intended for advertising private accommodation in mountain and spa destinations and for connecting accommodation owners with potential users of the advertised accommodation.

By an accommodation owner registering for access to the Platform, by a visitor accessing it on a one-off basis to contact an accommodation owner (sending a booking enquiry), or by accessing the Platform as a Google user to write travel reports or reviews or to advertise accommodation,

the User declares that they have been informed of the content of the Terms of Use and accept their provisions. Whenever using the Platform for any purpose, the User must also comply with the applicable regulations of the Republic of Serbia.

Users of the Platform are:

• Registered users: natural persons who own accommodation and have registered to use the Platform for an unlimited period, until their membership ends, to advertise their accommodation on it. After registering, they access the Platform by signing in, in accordance with these Terms of Use and the other documents governing its operation;
• Visitors: persons who access the Platform without registering, to obtain information or contact accommodation owners and send booking enquiries, in accordance with the conditions and procedures set out in these Terms of Use and the other documents governing its operation;
• Google users: natural persons who access the Platform through their Google account to write travel reports or reviews of accommodation or destinations, and natural persons who own accommodation and access the Platform through their Google account for an unlimited period to advertise their accommodation on it, in accordance with the conditions and procedures set out in these Terms of Use and the other documents governing its operation;

The Platform operates in accordance with the applicable regulations of the Republic of Serbia.

2. Limitation of liability

The Platform is a service through which users can advertise accommodation. It provides an information society service by connecting Platform users, namely accommodation owners on the one hand and users interested in renting accommodation on the other, and is therefore an information society service provider within the meaning of the Law on Electronic Commerce.

For the avoidance of doubt, the Platform is neither a tour organiser nor an intermediary in the sale of package travel. It does not carry out travel agency activities involving the organisation, offering, sale or delivery of trips or excursions, or the provision of other services commonly supplied in the tourism sector.

Users use the Platform entirely at their own risk.

The Platform:

• does not guarantee uninterrupted use and is not responsible in any way for the temporary unavailability of the Service, its partial or complete failure or malfunction, or any consequences arising from use of the Platform;
• is not responsible for technical problems resulting from the provision of electronic communications services that may cause delays or incorrect processing of electronic data, including the system clock, as these matters are the responsibility of electronic communications operators (internet service providers) under the regulations governing electronic communications;
• is not liable for damage or injury arising from hidden defects, errors, interruptions, deletion, failures, delays in operation or transmission, computer viruses, communications failures, theft, destruction of or unauthorised access to data, alteration or misuse of data by third parties, conduct contrary to the Terms of Use, negligence or similar causes;
• does not guarantee the accuracy, reliability or currency of the information users enter when registering on the Platform. By accepting these Terms of Use, Users agree that they must provide accurate information when registering and that the Platform is not responsible in any way for direct or indirect damage caused to another user or any third party by the entry of inaccurate information;
• does not guarantee (i) the existence, quality, safety, suitability or legality of any listing, (ii) the truth or accuracy of any listing description, rating, travel report, review or other content, or (iii) the performance or conduct of any registered user or third party;
• as an information society service provider, is not responsible for any content published or shared by users themselves, including but not limited to photographs, accommodation descriptions, comments, travel reports and other user-generated content, or for its transmission, because it does not initiate the transmission of user content, select the user content transmitted, remove or alter information in user content, or select the recipient of that content.

Accommodation conditions are guaranteed by the registered users themselves, namely the accommodation owners who advertise their properties through the Platform. If visitors contact accommodation owners and rent the accommodation offered, they enter into a contractual relationship directly with each other. The Platform is not and does not become a party or other participant in any contractual relationship between those persons. It is not a real estate intermediary and does not guarantee the accommodation rented. The Platform acts as an agent for neither the accommodation owner nor the visitor, that is, the person renting the accommodation.

By accepting these Terms of Use, the User agrees that the Platform cannot be held responsible for the conduct of Users or third parties and that those persons bear the entire risk of any possible damage, in accordance with the applicable legislation of the Republic of Serbia.

The Platform may be temporarily unavailable or available only to a limited extent because of regular system maintenance or upgrades. Users will be notified of temporary or limited availability in good time through announcements on the Platform's websites, social media or another suitable channel.

The Platform reserves the right to modify or discontinue, temporarily or permanently, any element of the Platform, the services it provides, or content and entries, without prior or subsequent approval or notice, in accordance with good business practices, particularly to preserve the Platform's integrity, data security and regular maintenance.

3. Contractual relationship

Users agree to these Terms of Use when an accommodation owner registers for access to the Platform, when a visitor accesses it on a one-off basis to contact an accommodation owner by sending a booking enquiry, or when a Google user accesses it to write travel reports or reviews or to advertise accommodation.

4. Protection of rights

In each individual case, the Platform will fully support the protection of personality rights, privacy, property rights and intellectual property rights for their holders or persons whose rights have been infringed by taking the following action without delay:

• upon a reasoned request supported by appropriate documentation, removing the content so that it is no longer publicly available;
• upon request, supplying the competent authority with information about a member whose entry infringes any of the above or other rights, in accordance with the Platform's archiving policy, the laws of the Republic of Serbia and other applicable regulations.

5. Processing and protection of personal data

The Privacy Policy forms an integral part of these Terms of Use. By accepting the Terms of Use, the user acknowledges that they have been informed of and accept the personal data protection rules set out in that policy.

6. Protection of copyright, related rights and other intellectual property rights

The Platform holds exclusive copyright in the Platform and accompanying services, and in their individual elements, including text, visual and audio elements, visual identity, data and databases, program code and other service elements. Use of these copyright-protected works without the Platform's express prior written consent will constitute copyright infringement, and the Platform will be entitled to use all available legal remedies to enforce its rights.

The Platform also contains elements in which Users hold exclusive copyright and other intellectual property rights, hereinafter referred to as user-generated content. Those persons are solely responsible for the content in which they hold such rights, regardless of its presence on the Platform. For the avoidance of doubt, user-generated content includes travel reports, photographs accompanying them and other similar content uploaded by users themselves.

In relation to user-generated content, a Platform user:

• grants the Platform a non-exclusive right to use that content without any territorial or time limits, including but not limited to the number or method of publications, regardless of whether the use is for commercial or non-commercial purposes;
• agrees that the Platform may make appropriate alterations, modifications, adaptations or other changes to user-generated content where required for legal, technical, production or similar reasons;
• agrees that user-generated content may be attributed to their first and last name, pseudonym or social media username, together with the name of the Platform;
• represents and warrants that they are the sole holder of the intellectual property rights, including copyright and related rights, in user-generated content, and that neither the content nor any part of it has been taken from other works protected by intellectual property rights. The user undertakes to satisfy any third-party claims arising from disputes about authorship or other intellectual property rights;
• agrees that the content will become visible to every Platform user.

7. Membership

7.1. Establishing membership

A person becomes a member by signing up to the Platform, accepting these Terms of Use and consenting to the collection and processing of personal data in accordance with these Terms of Use, the Privacy Policy and other documents governing the Platform's operation.

Any adult natural person with full legal capacity may become a member of the Platform.

7.2. Termination of membership

The Platform has the exclusive right to approve or reject an application for registration or use of the Platform, or to restrict use of the Platform or other services by any member or prospective member at any time, without giving reasons.

Membership of the Platform is voluntary and may be cancelled at any time without giving reasons.

The Platform reserves the right to terminate a member's membership and access to the Platform at any time without giving reasons, particularly in the event of a breach of these Terms of Use or the applicable regulations of the Republic of Serbia.

All collected data may be used as evidence in accordance with the laws of the Republic of Serbia, particularly to prevent and detect unlawful acts of any kind and criminal offences.

A member whose membership has been terminated by the Platform may not register again, under their own or another name, without the Platform's prior express consent.

All membership rights cease immediately upon termination of membership, regardless of the reason or type of termination.

The Platform will handle the member's collected and processed data in accordance with the law.

8. Members' obligations

Members must keep the password needed to use the Platform secure at all times and must never disclose it to third parties. If they breach this obligation, they do so entirely at their own risk and are fully liable to affected persons for any damage arising from such use of their account.

Content published by members on the Platform may contain a URL or internet address leading only to pages within the Platform itself. The Platform reserves the right to remove any external or internal addresses and content that it considers inconsistent with the Platform's purpose.

The use of mechanisms, software or other programming tools that may interfere with the normal operation of the Platform's web pages or associated websites is prohibited. Members must not take actions that may result in inappropriate or excessive use of infrastructure or overloading of the Platform. Such activities may give rise to criminal and financial liability.

A member undertakes to compensate for any damage they cause to the Platform or to other users of its portals.

The Platform is not obliged to check or otherwise monitor its members' conduct when using the Platform. Where it considers this necessary, it may check whether members' entries or published content comply with the Platform's purpose.

9. Fees

9.1. Published content

The Platform reserves the right to delete accommodation listings, text, images or any other material from the Gdenaplaninu.com website at any time without giving specific reasons.

Neither the member nor any third party may assert rights or make claims against the Platform as a result of such deletion.

9.2. Accurate information about advertised accommodation

Accommodation owners must provide truthful information about the accommodation advertised and complete information about payment of the rental price.

The Advertising Price List forms an integral part of these Terms of Use. The Platform's Sole Proprietor/Owner reserves the right to change the Price List at any time.

10. Transitional and final provisions

The Platform may amend or supplement these Terms of Use at any time by publishing a consolidated version on its website and sending registered users an email notification briefly explaining the changes. After that, a notice of the changes will be available to each registered user when they sign in to the Platform. If registered users do not notify the Platform by email, in accordance with that notice, that they disagree with the changes within an additional period of 5 days from their first sign-in after receiving the email notification, and they continue using the Platform, they will be deemed to have read and accepted the changes. If a user emails their disagreement within that period, the Platform will delete their user account and their membership will end.

The applicable legislation of the Republic of Serbia governs all matters not regulated by these Terms of Use.

Any disputes between the Platform and a user in connection with use of the Platform are governed by the applicable regulations of the Republic of Serbia. The parties undertake to try to resolve disputes amicably. If they cannot do so, the competent court in Belgrade will have jurisdiction.

These Terms of Use enter into force on the day they are published on the Platform and begin to apply eight days after their publication.