ADOLIA®
Real estate marketplace for the modern world
terms of service
Introductory provisions
ADOLIA is a digital platform serving as a so-called marketplace (online marketplace), a space for publishing offers, advertisements, concluding transactions, and communication for the purpose of executing the relevant transaction (hereinafter referred to as "ADOLIA" or "ADOLIA platform"). ADOLIA takes the form of a web application managed by the operator, which is KARPATSKA.SK a.s., with its registered office at: Karpatská 6, 811 05 Bratislava, ICO: 46051317, email: info@adolia.ie (hereinafter referred to as "KARPATSKA.SK").
These terms and conditions (hereinafter referred to as "TC") govern the rights and obligations of the contracting parties arising from the use of the ADOLIA platform, the service contract concluded by means of remote communication, the subject of which is the use of the ADOLIA platform, between the contracting parties, which are ADOLIA as the operator of the ADOLIA platform on one side and on the other side the person using the ADOLIA platform for any of its purposes, in particular (i) as an advertiser in the case of publishing an advertisement, which is an offer of real estate, its sale, rental interest in purchase (hereinafter referred to as "Advertiser"), (ii) service provider in the case of publishing an offer to provide services related mainly to real estate and spaces, such as an offer for short-term use of space, organizing an event (hereinafter referred to as "Provider") and (iii) interested parties in offers and services published and/or provided by Advertisers and Providers (hereinafter referred to as "Interested Party" or "User").
KARPATSKA.SK as the operator of the ADOLIA platform does not enter into contractual relationships between the Advertiser and the Interested Party and between the Provider and the Interested Party.
The Provider, Advertiser, and Interested Party acknowledge that if the Advertiser or Provider concludes a transaction as entrepreneurs with the Interested Party in the legal status of a Consumer, they are considered traders in the online market in accordance with Act No. 108/2024 Coll. on Consumer Protection (hereinafter referred to as the Consumer Protection Act).
The Advertiser, Provider, and Interested Party acknowledge that KARPATSKA.SK provides exclusively a digital platform for the purpose of creating an opportunity for concluding transactions and establishing a contractual relationship for this purpose through the tools of the ADOLIA digital platform, which is also a tool for publishing offers and communication between the Advertiser, Provider, and Interested Party. The contractual relationship arises directly between the Provider/Advertiser and the Interested Party, ADOLIA has no responsibility for the performance, compliance with the rights and obligations of these contracting parties, does not guarantee the fulfillment of any party's obligation, and has no responsibility for the fulfillment of the obligations of the Advertiser and Provider, if they are considered traders under the Consumer Protection Act, especially their information and educational obligations towards the consumer.
KARPATSKA.SK within the ADOLIA platform enters into contractual relationships, the subject of which is exclusively the service of using the ADOLIA platform. This contractual relationship is governed by the provisions of Act No. 40/1964 Coll. Civil Code, in the case of using the platform by the consumer, Act No. 513/1991 Coll. Commercial Code in the case of concluding a contract with a business entity for the provision of its activities. The rights of the consumer are also governed by the Consumer Protection Act.
Any contractual claims of the parties from contracts that arise through the digital tools of the ADOLIA platform in the online market between the contracting parties, which are on one side the Advertiser or Provider and on the other side the Interested Party, are governed by the conditions and agreements of these contracting parties.
ADOLIA is not responsible for the electronic content published by users of the platform, it is entitled to delete any content that would violate legal regulations or in case of reasonable suspicion of fraudulent conduct by the Advertiser or Provider.
In accordance with the Consumer Protection Act, KARPATSKA.SK informs the consumer about (i) the functionality of the service with digital elements: ADOLIA is available as an online platform through common internet browsers (e.g., Google Chrome, Mozilla, Edge, Firefox, Safari), (ii) compatibility and interoperability: operating system Android, Microsoft, supported file formats when uploading (e.g., JPEG, PNG for images; PDF for documents).
In accordance with the Consumer Protection Act, with each offer of the Advertiser and Provider, there is information whether it is a trader (merchant), and in the case of concluding a transaction with this entity by the consumer, the consumer is protected by the relevant provisions of the Consumer Protection Act and the consumer asserts all claims arising therefrom directly with the respective trader. For the offers of those Advertisers and Providers who have not declared that they are traders, there is information that the transaction with this entity is not subject to consumer protection.
In accordance with the Consumer Protection Act, when generating individual offers after the user searches the offers on the ADOLIA platform, the main parameters determining the order of the offers are indicated.
The Provider and Advertiser using the platform for the purpose of concluding transactions between them and the Interested Party are obliged to truthfully fill in the data when registering on the ADOLIA platform and indicate whether they are entrepreneurs or not. The platform in accordance with the provided information on its web interface will inform consumers whether the provision of the given service will be subject to the Consumer Protection Act.
The Advertiser and Provider acknowledge that on the ADOLIA platform they are not entitled to publish any content that would violate legal regulations and content unrelated to the purpose of the digital platform described in the introductory provisions of these terms and conditions and the purpose resulting from the designation of the platform, i.e., only offers related to real estate and related services as described in point 1.1 of these terms and conditions can be published on the platform. In case of violation of these obligations, KARPATSKA.SK is entitled to remove content that is contrary to these rules at any time. The provisions of point 2.6 are not affected hereby.
Real estate advertising
An Advertiser may be a legal entity, a natural person entrepreneur, and a natural person who is not an entrepreneur. The platform allows Advertisers to create and publish real estate offers according to individual categories. The platform may allow the use of the platform for this purpose free of charge in some categories of Advertisers, real estate, in a certain volume or for a certain time.
The price for using the platform for the purpose according to point 2.1 of the first sentence may be agreed as a one-time payment or in the form of a subscription for a certain period. Prices are directly stated on the website of the platform when ordering this service through the ADOLIA platform. The stated prices and the amount of the subscription are determined at the latest when selecting the payment method and the price for publishing the advertisement is due according to the conditions stated there. The price is transparently communicated to the Advertiser before agreeing to the binding order. The binding order of the Advertiser for using the ADOLIA platform thus contains the price (if it is not provided free of charge), its due date, and the selected payment method. By electronically sending their binding order, the Advertiser commits to pay for the use of the ADOLIA platform according to the conditions stated when ordering the given form of service.
In case the price for using the platform is not paid properly and on time, ADOLIA is entitled to suspend the use of the services of the ADOLIA platform by the Advertiser and delete their electronic content published through the platform.
ADOLIA is entitled to change the subscription price for using the ADOLIA platform at any time by notifying the Advertiser of this change through electronic communication means, whereby the Advertiser is entitled in case of an increase in the subscription price to terminate the use of the platform without paying any cancellation fee at the last day of the period for which they paid the subscription. ADOLIA will inform the Advertiser of this option together with the notification of the increase in the subscription for the next period.
The Advertiser, who is a consumer, acknowledges that if they agree to the provision of the service before the expiration of the 14-day period from the date of the contract between them and ADOLIA, they are not entitled to withdraw from this contract as a consumer within the statutory 14-day period if the provision of the service of using the platform for the purpose of publishing the advertisement has started with their consent before the expiration of this period and the service has been provided.
The Advertiser acknowledges that on the ADOLIA platform they are not entitled to publish any content that would violate legal regulations and content unrelated to the purpose of the digital platform described in the introductory provisions of these terms and conditions. In case of violation of this obligation, the Advertiser is obliged to pay ADOLIA a contractual penalty in the amount of the agreed remuneration for the use of the ADOLIA platform, and ADOLIA is entitled to withdraw from the contract with the Advertiser. ADOLIA is entitled to remove content that is contrary to these rules at any time.
Spaces and other services
The service provider and space provider registers as a Provider on the ADOLIA platform and orders the service of using the platform for the purpose of publishing their service offers and for the purpose of concluding a contract between them and the Interested Party, which will mainly involve services providing space for a fee or other services related to real estate according to the current possibilities of the platform available to users of the ADOLIA platform. The contract is concluded for the period chosen by the Provider when ordering the service through the ADOLIA platform. In case the contract is concluded for an indefinite period, the Provider is entitled to terminate the contract at any time by notice without a notice period using the means available when using the platform (cancellation of the publication of the offer).
The contract is concluded by delivering a confirmation of the reservation of the ordered service to the email address provided by the orderer during registration, through the tools of the platform or through an SMS message or other forms of chat communication of third parties that the platform has implemented.
The price for using the platform by the Provider for this purpose is generated or announced by ADOLIA when filling out the platform form and providing a more detailed specification of the services offered by the Provider. KARPATSKA.SK acquires the right to remuneration for the use of the platform by the Provider by concluding a contract between the Provider and the Interested Party, from which the Provider has the right to financial performance from the Interested Party. The due date of the remuneration and the method of payment is communicated to the Provider when creating the order for the services of the ADOLIA platform, transparently before creating a binding order for the use of the platform by the Provider.
In case the Provider does not properly and timely pay KARPATSKA.SK the remuneration for using the platform, KARPATSKA.SK is entitled to withdraw from the contract with the Provider and stop providing all services to the Provider, including those provided to them for another legal reason, i.e., in the capacity of Advertiser according to point 2 of these TC.
The Provider is entitled to withdraw from the contract with KARPATSKA.SK (terminate the publication of all offers) and/or terminate the publication of one or only some of their offers on the online market using the means available on the ADOLIA platform.
The platform serves as a means to conclude a contract between the Provider and the Interested Party, whereby KARPATSKA.SK does not enter into this contractual relationship. The Provider will state all their contractual conditions that are to govern their relationship arising from the binding order of the Interested Party in the conditions of their electronic content, i.e., in particular by publishing payment conditions, payment options, due dates, and so-called cancellation conditions of the order for their services. The Provider, who is a trader, will inform the consumer and fulfill their information obligations in accordance with the Consumer Protection Act.
KARPATSKA.SK does not issue a document to the Interested Party for the payment for services that were agreed between them and the Provider within the ADOLIA platform. The responsibility for issuing accounting documents of the trader lies exclusively with the Provider.
KARPATSKA.SK is in no way responsible for improperly provided services by the Provider or any fraudulent conduct of the Provider in relation to the Interested Party. The responsibility for providing the service properly and on time, in inadequate quality in relation to the Interested Party lies with the Provider. ADOLIA does not guarantee the fulfillment of obligations by the Interested Party arising from transactions concluded between the Provider and the Interested Party. The Interested Party asserts their claims from service defects directly with the Provider, ADOLIA is not responsible for any false statements of the Provider and/or Interested Party. ADOLIA may provide space on its platform for verified reviews of Providers and for communication between the Provider and Interested Party for the purpose of complaints.
Conclusion of the service provision contract for using the ADOLIA platform and payment conditions of the service provision contract
The orderer, who is an adult natural person or legal entity, will register on the website and request the provision of the service through the website, ordering services by selecting the requested products from the offer on the website.
The contract is concluded by delivering a confirmation from ADOLIA about the reservation of the ordered service to the email address provided by the orderer during registration, through the tools of the platform or through an SMS message or other forms of chat communication of third parties that the platform has implemented.
The Interested Party for the service is obliged to truthfully provide all required data when registering on the website before concluding the contract. Users of the ADOLIA platform acknowledge that KARPATSKA.SK is not responsible if any provided data turns out to be false.
Payment for the service will be made by one of the following methods that will be available for the given service on the website:
via the Stripe payment gateway as payment through the internet interface of the bank (online payment by card),
on invoice with a due date specified on the invoice (usually no later than 7 days before the date of service provision) and that payment made by bank transfer,
via internet banking.
The Provider is entitled to withdraw from the contract with KARPATSKA.SK (terminate the publication of all offers) and/or terminate the publication of one or only some of their offers on the online market using the means available on the ADOLIA platform.
The platform serves as a means to conclude a contract between the Provider and the Interested Party, whereby KARPATSKA.SK does not enter into this contractual relationship. The Provider will state all their contractual conditions that are to govern their relationship arising from the binding order of the Interested Party in the conditions of their electronic content, i.e., in particular by publishing payment conditions, payment options, due dates, and so-called cancellation conditions of the order for their services. The Provider, who is a trader, will inform the consumer and fulfill their information obligations in accordance with the Consumer Protection Act.
KARPATSKA.SK does not issue a document to the Interested Party for the payment for services that were agreed between them and the Provider within the ADOLIA platform. The responsibility for issuing accounting documents of the trader lies exclusively with the Provider.
KARPATSKA.SK is in no way responsible for improperly provided services by the Provider or any fraudulent conduct of the Provider in relation to the Interested Party. The responsibility for providing the service properly and on time, in inadequate quality in relation to the Interested Party lies with the Provider. ADOLIA does not guarantee the fulfillment of obligations by the Interested Party arising from transactions concluded between the Provider and the Interested Party. The Interested Party asserts their claims from service defects directly with the Provider, ADOLIA is not responsible for any false statements of the Provider and/or Interested Party. ADOLIA may provide space on its platform for verified reviews of Providers and for communication between the Provider and Interested Party for the purpose of complaints.
Conditions for providing the service of using the platform
The orderer and user of the ADOLIA platform acknowledges that it is a digital service of the web platform.
The platform as a web application and its functionalities may be modified by the operator of the platform if these modifications mean an improvement in usability and functionalities while maintaining its original purpose.
The operator of the platform is entitled to interrupt the provision of services and thus partially or completely restrict users' access to services (i) for the time necessary for maintenance, (ii) in case of an unforeseen error of the platform or services provided by a third party, if they become completely or partially non-functional, with the remedy being performed as soon as possible. If for this reason the services of the platform are unavailable for more than one day, the provision of services will be extended free of charge at the request of the Advertiser for this interruption time exceeding one day.
KARPATSKA.SK is not responsible for damages arising from data loss caused by a serious attack by a third party on the platform's systems (e.g., hacking attack), which causes the loss or misuse of data contained in the platform, data loss on the part of the hosting operator, backup server for storing images with third parties, and the operator of the payment gateway.
Complaints and grievances regarding the service provision contract for using the ADOLIA platform
The contractual user of the ADOLIA platform may complain about the provided service in writing to the email address support@adolia.ie
In case the services are complained about by a business entity or a person who is not a consumer, the relevant provisions of the Commercial Code will apply.
If the entity complaining about the provided services is a consumer, the following points of this provision of TC, which are also the complaint procedure, will apply.
ADOLIA will issue a written confirmation of the submitted complaint and/or grievance about the provided services without delay, which will be sent to the address of the participant or to the email address of the participant provided during registration.
When asserting a complaint, the participant will state their identification and contact details (residential address, place of residence, or registered office, phone number, email), precisely indicate and describe the defect of the service and the way in which the defect manifested itself, as well as the time frame when, according to the participant, the quality of the provided service was limited. They will also state which of the claims for liability for defects they assert and how they request the handling of the resolved complaint (personal collection, sending by mail), possibly other necessary data. In case of a complaint regarding the correctness of the billing for the provided service, the participant must also specify the accounting period to which the complaint relates.
The Provider will investigate the asserted complaint without unnecessary delay after its assertion and decide on the method of handling the complaint. After determining the method of handling the complaint, the complaint will be handled immediately; in justified cases, the complaint may also be handled later; however, handling the complaint must not take longer than 30 days from the day of its assertion.
After the expiration of the deadline for handling the complaint stated in point 3 of this article, the participant has the right to withdraw from the contract or the right to exchange the service for another.
Regarding the handling of the complaint, ADOLIA will issue an output protocol to the participant no later than 30 days from the day of asserting the complaint, which is a confirmation of the handling of the complaint. Together with the delivery of the output protocol, the seller will also fulfill their obligation arising from the complaint.
ADOLIA will inform the participant about the handling of the complaint by sending an email message along with the output and possibly also the receipt protocol to the email address of the participant, in case the participant requested to send information about the handling of the complaint via email. If the participant requests to send information by mail, ADOLIA will send the output and possibly also the receipt protocol to the contact address of the participant stated in the complaint.
ADOLIA keeps a record of complaints and will present it upon request to the supervisory authority for inspection. The complaint record contains data on the date of asserting the complaint, the date and method of handling the complaint, and the serial number of the document asserting the complaint.
Supervision over compliance with obligations by KARPATSKA.SK in matters of consumer protection according to applicable legal regulations is carried out by the Slovak Trade Inspection - Central Inspectorate of the Slovak Trade Inspection, address: postal box 29, Prievozská 32, 827 99 Bratislava 27 and its subordinate local relevant Inspectorates.
If a defect occurs in the provided service that can be removed, the participant has the right to its free, timely, and proper removal. The Provider is obliged to remove the defect without unnecessary delay. The method of removing the defect is decided by KARPATSKA.SK.
The participant has the right to withdraw from the concluded contract:
if the offered service shows a defect that cannot be removed and which prevents the service from being properly used as a defect-free service,
if there are removable defects, but the Participant cannot properly use the service due to the repeated occurrence of the defect; the repeated occurrence of the defect is considered a situation where the same defect occurs for the third time after at least two previous removals,
if there are removable defects, but the Participant cannot properly use the service due to a greater number of defects; a greater number of defects is considered to be at least three different removable defects occurring simultaneously that prevent the proper use of the service,
ADOLIA does not handle the complaint within the 30-day period (in this case, it is assumed that it is an unremovable defect).
If other unremovable defects appear in the offered service, the participant has the right to an appropriate discount on the price of the service.
When handling the complaint by providing a discount on the billed (invoiced) price, consideration will be given to the nature of the defect, the duration of its existence, and the possibility of further use of the service. The amount of the provided discount is decided by KARPATSKA.SK.
The participant has the right to withdraw from the concluded contract: The Provider will handle the complaint and terminate the complaint procedure in one of the following ways:
by removing the defect of the provided service,
by exchanging the service for another after prior agreement with the Client,
by refunding the price paid for the provided service (upon withdrawal from the contract)
by paying an appropriate discount on the price of the provided service,
by reasoned rejection of the complaint.
In case the complaint regarding the correctness of the billed amount is recognized, the Provider will account for the legitimately complained price for the service in the next accounting period, or periods until the return of the entire legitimately complained price, or will agree to extend the prepaid period of service provision. If the price was billed (invoiced) for a one-time provided service, the amount equal to the legitimately complained price will be refunded to the purchasing participant.
The consumer has the right to contact KARPATSKA.SK with a request for redress if a dispute arises from the assertion of rights from liability for defects or if the consumer believes that other of their rights have been violated. If KARPATSKA.SK responds negatively to the request for redress or does not respond within 30 days from the day of its sending, the consumer has the right to submit a proposal for initiating alternative dispute resolution according to Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution to the Slovak Trade Inspection at the address: Central Inspectorate of the SOI, Department of International Relations and ARS, Prievozská 32, postal box 29, 827 99 Bratislava or electronically at the address: ars@soi.sk, adr@soi.sk. The proposal can be submitted in written form, electronic form, or orally for the record. The possibility of going to court is not affected by this. A list of other alternative dispute resolution entities is available here: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
The proposal must contain the consumer's data - name and surname, address for delivery, email address, and phone contact (if you have them), precise designation of the service provider (KARPATSKA.SK), a complete and understandable description of the decisive facts, designation of what the consumer is seeking, the date when the consumer contacted KARPATSKA.SK with a request for redress, and information that the attempt to resolve the dispute directly with KARPATSKA.SK was unsuccessful, a declaration that no identical proposal has been sent to another alternative dispute resolution entity, that the matter has not been decided by a court or arbitration court, that no mediation agreement has been concluded in the matter, nor has the alternative dispute resolution in the matter been terminated in a manner according to § 20 paragraph 1 letters a) to e) or letter g) of the Act on Alternative Consumer Dispute Resolution. The consumer is obliged to attach documents related to the subject of the dispute, which prove the facts stated in the proposal. The proposal for initiating alternative consumer dispute resolution is also available online at: https://static.slov-lex.sk/pdf/prilohy/SK/ZZ/2015/391/20160201_4545799-2.pdf.
Copyrights
The ADOLIA platform has the nature of a copyrighted work protected by Act No. 185/2015 Coll. Copyright Act (hereinafter referred to as "Copyright Act").
By providing electronic content for the purpose of publishing their offer on the ADOLIA platform, the Advertiser and Provider grant KARPATSKA.SK a license, i.e., the right to dispose of this content to the following extent: dissemination, modification, copying, distribution, transfer, sublicensing, publishing, processing, editing, and this without any claim for remuneration.
KARPATSKA.SK is not responsible for the misuse of data provided in the electronic content that the user has provided to the platform, including any infringement of third-party copyrights.
For the purposes of these TC, electronic content also includes any videos, photos, texts provided by the Provider or Advertiser within the ADOLIA platform, regardless of how these products are labeled on the website.
Personal data protection
The protection of personal data is governed by a separate document here: https://adolia.ie/privacy-policy
Final provisions
These terms and conditions are an integral part of the contract concluded between KARPATSKA.SK and the Provider/Advertiser and in the case of users of the ADOLIA platform, and are binding for these parties. Legal relations established by the service provision contract will be governed by the provisions of the contract, the provisions of these terms and conditions, and the relevant legal regulations. The provisions of the contract specifically agreed upon take precedence over the provisions of these terms and conditions and the dispositive provisions of generally binding legal regulations.
The Provider reserves the right to change these terms and conditions. The obligation to notify in writing of changes to these terms and conditions is fulfilled by posting on the website of the platform.
For rights and obligations, the terms and conditions valid at the time of the legal act arise, unless the parties agree otherwise.
Written communication will be conducted electronically in the form of email messages or through notifications in the platform's dashboard.
In Bratislava, on 25.11.2024