General Terms and Conditions

SOFTWARE LICENSE

protel Hotel Software GMBH as the owner of property and copyright (hereinafter licensor) has granted the CLIENT (hereinafter licensee) a license to use the copyrighted work – computer software package (from the subject contractual relationship), which the licensee may use exclusively to support business operations on equipment belonging to Hotel XYZ facility. The software is provided to the user for use, but remains the property of the licensor.

The licensee undertakes to use the software package (from the contract) in accordance with the licensor's instructions attached to the software (partly in Slovenian, partly in English); use for other purposes is prohibited. Without the licensor's permission, the licensee may not modify the software or transfer it to third parties.

WARRANTY – software

The contractor (MC sistemi d.o.o.) guarantees the proper functioning of the software within the given requirements and specifications and applicable legislation, which are known to both contracting parties on the date of contract signing. The contractor does not guarantee that the software will meet the user's special needs that were not explicitly defined in writing at the time of contract signing. The user was informed about the suitability of the software for their needs before signing the contract.

SOFTWARE MAINTENANCE

Maintenance is the subject of a separate maintenance contract. Signing a maintenance contract is a mandatory annex to the basic contract. The contract is valid for the entire period of software use. In case the client cancels the maintenance contract, they must notify the contractor in writing that they no longer use protel software.

CONTRACTOR LIABILITY

The client is aware that errors in software and related systems cannot be completely excluded. If the client detects an error in the software, they must notify the contractor as soon as possible. The error will be corrected within a reasonable time without additional costs for the client. Instead of repair, the contractor may offer the client a new version of software that is compatible with the previous one.

From the above it follows:
Except in cases determined by legislation, the contractor is not liable for direct or indirect damage to the client in connection with this contract, software or its use. This also includes liability for business damage in case of lost reservations, OVERBOOKING, incorrect prices or penalties due to tax or other legal irregularities.

Regardless of the above, the contractor's liability for future damage is expressly excluded, including damage to data, equipment or loss of profit. If exclusion of liability is not possible, any compensation is limited to an amount equal to or less than 100% of the monthly maintenance subscription amount.

CLIENT LIABILITY

On-premise software enables data archiving, therefore the CONTRACTOR is not liable for data loss that may occur during software use or otherwise. The CLIENT is solely responsible for creating backup copies. In case of cloud PMS version, archiving is performed by the contractor's parent company protel Hotelsoftware GmbH, Germany.

The client undertakes to use the software in accordance with the contract and applicable legislation. The CONTRACTOR does not assume responsibility if the user intentionally or unintentionally enters, creates or displays data contrary to legislation.

The client is responsible that service prices entered in the software – regardless of who entered them – always correspond to the prices they set themselves. This especially applies to prices transferred from PMS to online sales channels such as OTAs and hotel booking engines.

In case of using RMS (revenue management) system, the client is responsible for checking the correct operation of service pricing. If they notice deviations or incorrect prices, they must immediately notify the RMS service provider. The RMS service provider is not liable for any business damage that may result from incorrectly set prices in the RMS system.

CONTRACT DURATION

The maintenance contract is concluded upon signing for the entire period of using the contractor's software. In case of contract termination, the client must send written notice to the contractor that they no longer use protel software. The notice period runs according to the contract concluded between the client and contractor.

After contract termination, the client can obtain a new version of software only by purchasing a new license. In case of cloud version of the program, the contractor does not store backup copies of data after contract termination.