Welcome to visitmalaga.eu/, a website belonging to eShopper Czech s.r.o. (designated as “eShopper, visitmalaga.eu, CompareHotels.eu, e-booking.cz, rezervujhotel.cz, bookinghotel.cz”, “we”, “our”), a company under Czech law belonging to the eShopper Czech s.r.o group, with registered Municipal Court in Prague, Section C, Insert 349387.
This website (“Website”) provides end users (“User(s)” and/or “Consumer(s)”) with the possibility of obtaining information and comparing prices charged by hotel providers (“Service(s)”).
eShopper Czech s.r.o reserves the right to amend these Terms & Conditions without prior notice when such amendments are necessary due to changes in the marketplace, changes in the legal or regulatory framework or in the event of a change in the risk factor of eShopper Czech s.r.o and/or in connection with the provision of the Services made available on the Website by eShopper Czech s.r.o, other companies belonging to the eShopper Czech s.r.o group and/or their partners.
Please note that use of the Website and its features, which are freely accessible, implies acceptance of these Terms & Conditions of use of the Website (“Terms & Conditions”).
The web page and any information, text, graphics and other materials used in the provision of the Service (“Content”) are governed by these Terms & Conditions.
1. Acceptance of the Terms & Conditions
Please read this document carefully before accessing and using the Service. From the moment you use the Service, you agree to be bound by the following Terms & Conditions and you warrant that you are at least 18 years old. If you do not wish to be bound by these Terms, or if you do not understand them, you are requested not to access or use this Service.
2. Service description
Through its Website or through other affiliated sites, eShopper Czech s.r.o offers a comparison service for hotels made available by third-party advertisers (ad network, hotels or hotel chains).
This Website consults in real time the available offers and instantly offers the User the results. In this way, the User obtains a database with an intelligent overview of the hotels, as well as the available characteristics and services. Through the Service, the User can directly access offers proposed by third parties, as well as other services, products, etc. of third parties. It should be noted that eShopper Czech s.r.o, as the publisher hosting the offers, has no role in the conclusion of contracts relating to services, products, etc. requested by the User.
We would like to draw the User’s attention to the fact that the products and services to which the User has access via our website are offered by our professional partners, either directly (e.g., hotels or hotel chains) or as an intermediary (e.g., other comparison sites) via external websites to which the User is redirected once they have selected the chosen offer. Therefore, before making a reservation, please check carefully on the website of the professional concerned all the details and conditions of the offers you access from our website.
If you decide to access and/or use them, their use shall only be governed by independent terms of service or any other corresponding document submitted by such third parties.
eShopper Czech s.r.o does not offer any kind of guarantee and is not responsible for the services, products, or content offered by other websites or the way in which these third parties process the personal data of Users. eShopper Czech s.r.o is not a travel agent, nor a tour operator. We do not provide consultancy services to be used as a basis for making decisions and/or taking actions. We shall not be party to any agreements that the User may enter into with third parties when using the eShopper Czech s.r.o comparison service.
Therefore, in the event of a complaint relating to the service purchased, the User must contact the service supplier directly.
3. Access to and use of the Service
The User agrees to use the Service only to compare hotel prices with the intention of making reservations or arranging travel. The search for the hotel can be carried out according to the following criteria: city of destination, date of departure and arrival, number of adults and minors or the number of rooms desired.
Use of the Service is permitted for personal and non-commercial purposes only.
4. Price elements and possibility of additional charges
Proposed hotel offers that meet the parameters entered by the User (city, dates, number of guests, etc.) are displayed according to various criteria (including popularity, lowest price, highest price, distance, and rating). The results are ranked, by default, according to “popularity” which is determined on the basis of three criteria: the popularity of the hotels/accommodations (analysis of the most booked hotels/accommodations on our partners’ reservation sites), the number of reviews (number of public reviews left by customers on these hotels/accommodations) and the quality of the content (presence or absence of a detailed description and number of photos for each hotel/accommodation). Whenever possible, we specify whether breakfast is included in the published rate and/or whether it includes the possibility of cancellation without charge/penalty. In any case, the Cancellation Policy and the exact rates are published on the website of the service provider. In addition, we provide the User with “main” filters that allow the User to hide or select only certain offers (such as budget, type of hotel/accommodation, rating), as well as “additional” filters that give the User the possibility of adding additional search parameters relating to additional services offered by the hotel/accommodation. The offers compared on our website are not exhaustive and represent the offers of our partners.
5. Use of the Website
The User may freely visit the Website and use its features for personal and non-commercial purposes. By using the comparison service provided by eShopper Czech s.r.o, the User acknowledges and declares that they are acting on a purely personal basis.
The User is not authorised to modify, reuse, copy, distribute, transmit, reproduce, publish, grant a licence or use, create activities or derivative works, transfer or sell or, in any case, make any commercial use or use other than of a personal nature of the information, news, content, software and systems, or products obtained or made available to the User through the Website and the use of the Service.
In order to use the functions of the Website, the User must have an Internet connection, which they must obtain at their own expense from a reliable provider. eShopper Czech s.r.o shall not be liable for any damage caused to the User’s equipment arising directly or indirectly from connection to the Internet.
6. Regulations of conduct
The User agrees to use the Website, its features and the Service for lawful purposes and in accordance with these Terms & Conditions. In particular, the User undertakes not to send or distribute, through the Website and its features, content that is illegal, defamatory, vulgar, obscene, offensive or disturbing or to use the Website and its features to perform any act that may damage the image and reputation of eShopper Czech s.r.oor cause any other loss or damage to eShopper Czech s.r.o.
Furthermore, the User undertakes not to send advertising material, unsolicited and/or unwanted communications that could interfere with the functionality of the Website by third parties.
7. Intellectual Property
The User acknowledges and accepts that all information, data, software, content, music, sounds, photographs and images, videos and any other content on the Website (the “Content”) are the exclusive property of eShopper Czech s.r.o and/or its licensors.
Subject to Section 5 of these Terms & Conditions, the User does not acquire any rights to the Content and/or the Website, with the sole right to use the Website in accordance with these Terms & Conditions.
The User is authorised to print and/or download the Content (including the Terms & Conditions) solely for their personal use.
8. Hyperlinks to other websites on the Internet
The Website contains hyperlinks to other Internet resources of other eShopper Czech s.r.o business partners . The publication of hypertext links on the Website is conducted for the User’s information and reference and does not imply any recognition or approval of their content by eShopper Czech s.r.o. Furthermore, eShopper Czech s.r.o does not carry out any checks on the content, information, services and/or products offered by these linked websites. eShopper Czech s.r.o shall not assume responsibility for the truthfulness, accuracy or updating of information published on such linked websites. The User acknowledges that the use of these websites will take place at their own risk. The publication of a hypertext link or other Internet resource on the Website does not imply any type of affiliation and/or partnership between eShopper Czech s.r.o and the owners of the linked websites.
9. Limitation of liability
eShopper Czech s.r.o is only liable for damages caused by intentional actions or acts of gross negligence committed by its employees. We will not be liable for any consequential, special, incidental or indirect losses, or for damages such as loss of profits that may result from these Terms & Conditions. In any case, the liability of eShopper Czech s.r.o will be limited to the maximum extent permitted by law.
10. Exclusion of guarantees
Our Service and its included Content, are provided on an “as is” and “as available” basis, without any guarantee or representation of any kind. None of the information obtained by the User through the Website or other means connected with our services will give rise to any guarantee not clearly provided in these Terms & Conditions.
eShopper Czech s.r.o reserves the right to amend these Terms & Conditions without prior notice when such amendments become necessary due to changes in the marketplace, changes in the legal or regulatory framework or in the event of changes in the risk factor affecting eShopper Czech s.r.o and/or in connection with the provision of Services made available on the Website of eShopper Czech s.r.o, other companies belonging to the eShopper Czech s.r.o group and/or their partners.
13. Choice of applicable law and exclusive jurisdiction
All disputes arising out of or relating to the relationship between eShopper Czech s.r.o and the Users shall be settled, to the extent permitted by applicable law, by Czech law.
To the extent permitted by applicable law and international agreements, the Parties agree that the settlement of any disputes that may arise between them in relation to these Terms & Conditions shall be subject to the exclusive jurisdiction of the ordinary courts having territorial jurisdiction over the registered office of eShopper Czech s.r.o.
Where the User is a consumer, the court of the User’s domicile or residence is competent.
We would like to inform you that the European Commission makes available to all citizens of the Union a platform for the online resolution of disputes in relation to services provided by companies belonging to the European Union (the “ODR platform”), which is accessible at the following link: http://ec.europa.eu/consumers/odr.
eShopper Czech s.r.o.,
190 00 Prague 9
Commercial ID No: 10843906
Commercial Register Entry: Municipal Court in Prague, Section C, Insert 349387
Phone: +34 661 028 854