Terms and Conditions
The exclusive rights to the Dobovo online platform belong to:
International Booking Center LLC
01004 Ukraine, Kiev, 19 Baseina Street
Tel: +380 44 2215511
User Agreement for the Dobovo Online Platform (www.Dobovo.com)
(With effect from 1 December 2012)
1. Scope of the Agreement. Changes to Terms and Conditions.
1.1. The present User Agreement (hereinafter the “Agreement”) applies to the Dobovo Platform (Website) (www.dobovo.com). The Platform is a service created and maintained by the International Booking Center LLC company (hereinafter “Dobovo” or the “Company”).
This Agreement serves as a basis for Dobovo to provide their Users with the pronounced services and a possibility to use the Portal in particular.
1.2. The User confirms acceptance of the Agreement terms and conditions by placing their booking order on the Website.
1.3. The right to change the terms and conditions of the Agreement whenever necessary is reserved by Dobovo. After the changes are applied to the Website content the modified terms are considered operative.
2. Dobovo’s Services
2.1. The www.Dobovo.com Website is an online platform that has both private persons and legal entities among its clients. The clients of whatever citizenship or residence can book residential premises - rooms, apartments, houses etc. (hereinafter the “lodging”) - at the Website by placing an order through a duly completed order procedure. The owners may use the Website to offer the abovementioned lodgings for lease. Other users (content authors, agents, partners) may use the Platform with the aim of providing commercial assistance to Dobovo promoting their services.
Signing the present Agreement is free of charge.
2.2. The Website serves for posting lease offers by owners, booking lodgings by clients, and ensuring proper communication between the former and the latter. Publishing lease offers and establishing communication between the parties are the services provided by Dobovo free of charge.
Lease contracts for certain lodgings are concluded by the lodging owner (hereinafter the “Lessor”) and the Website client taking the lease offer (hereinafter the “Lessee”).
Dobovo shall not be held responsible for fulfilment of the said contract terms by Lessor and Lessee and should not be considered a party to the contract as the Company itself does not offer lodgings for rent or lease such lodgings on its own behalf. Thus the users are the only responsible for following the lease contract provisions.
2.3. Dobovo does not review the users’ lease contracts or the lease offers posted at the Website for ownership rights, accuracy or completeness. Dobovo is not an owner of the residential premises presented on the Website neither does the Company in any way dispose of the said units.
The Website should only be treated as a means of publishing lease offers by the Users who manage the owned lodgings at their own discretion without any assistance from Dobovo. Dobovo never acts as a party to Lessor – Lessee agreements, it only provides the opportunity for the Users to lease and book lodgings.
3. Placing an order. Accepting User Agreement terms. User notifications
3.1. To use Dobovo’s services the User needs to accept the Agreement terms by making an order using the online booking system.
After the order is processed the User receives a notification including their order number and a 4-digit PIN. The said PIN is a unique code a User may use to view the order on the Website as well as to edit or cancel it.
Upon receipt of the notification by User the Agreement comes into effect in full measure.
3.2. Ordering is permitted only to legally capable individuals and authorized representatives of legal entities in which case specifying a User’s (real person’s) name is obligatory. No orders shall be accepted from minor users.
3.3. Providing valid User information is an obligatory condition for placing an order. These data include the User’s name, phone number, country of residence and a valid e-mail address. Every next booking will require providing all the data again. No Internet or e-mail address should be entered in the User Name field, neither should the use of the name infringe the existing moral conventions and norms or intellectual property of the third party (these include trademark rights).
Upon completion of the order form the User receives their order number and a unique PIN to the specified e-mail address.
3.4. The e-mail address provided by the User serves to notify the User of the legally significant acts taking place in relation to the order (confirmations, Agreement terms modifications, etc.)
4. User’s obligations. System safety
4.1. User’s obligations include providing valid personal data for making an order along with actual contact information.
4.2. User is responsible for keeping the received order number and PIN secret and for any actions performed with the order. To avoid unauthorized manipulations with the order User should only handle the order on their own.
4.3. In case an unauthorized access takes place the User should immediately inform Dobovo for them to put order processing on hold and perform the necessary investigation. Dobovo shall not undertake payment of any expenses resulting from third party access to the order and the User shall be the only responsible for such expenses if any.
4.4. Taking into consideration the restricted possibilities of verification of the information provided via the Internet Dobovo only formally checks the data provided by Users and lodging owners. Entering into the Agreement User realizes that regardless all the safety measures taken by Dobovo another User’s account may contain false information. Thus every User is responsible for independently verifying the accuracy of data provided by the other party involved into communication regarding lodging rent.
4.5. Users should not implement any instruments or programs that can influence the Dobovo Platform system safety or integrity and prevent it from serving its direct aims. It is prohibited to change, modify or copy the Website content or interfere with its activity in any other way. If such behavior is the case Dobovo may use their right to deny access to the Platform for the User endangering the system integrity.
4.6. Users are responsible for backing up the data stored on the Website on a different medium to be able to retrieve it for their personal needs, such as accounting or evidence.
5. Lessor’s obligations. Using the Platform in accordance with the applicable legislation
5.1. After creating a personal account and receiving their account credentials, the residential premises owner is responsible for completing a full and accurate description of the offered lodging by filling out all the required fields of the description form. Additional details can be mentioned including the necessity of a deposit, availability of transfer service or meals, special requirements to guests or terms of accommodation, etc.
Lessee has a right to cancel their order any time or change the parameters of their reservation.
5.2. Working with the Website Users shall follow the legislative norms including those concerning the residential property management and leasing, and third party interest protection, as well as the conventional moral rules and standards of business activity fairness.
5.3. Lessor should only submit lease offers that are not adverse to the applicable laws and do not derogate the rights of third parties. Publishing any offers at the Website that contradict moral norms or the actual legislation, infringe upon the rights of other Users or the third party, is prohibited.
5.4. It is not allowed to use other Users’ personal information (e.g. contact details) acquired in the process of communication concerning reservation. But for the cases when User gives its consent to such actions, it is particularly prohibited to sell the said information to the third party or use it for sending out promotional materials. The User that undertakes any of the abovementioned practices shall be held liable for misusing the other person’s information.
5.5. Without Dobovo’s prior written consent, any reproduction, copying, publishing or other use of the information presented on the Website pages with the aim of gaining profits is prohibited. The same applies to automatic content copying procedures performed with the help of search engines or similar tools.
6. User’s liability. Dobovo’s disclaimer of liability
6.1. User (Lessor) is obliged to ensure that no informational materials (text and images) included in the lease offer and published at the Website or the offers themselves derogate the third party personal rights, copyright or rights of ownership.
6.2. In case any claims are laid against Dobovo concerning third party rights infringement User should interact with the complainant directly to solve the issue for Dobovo to be held harmless. User is the only one who is liable for unauthorized data publishing as well as for following the User Agreement provisions.
6.3. The present Agreement limits the extent of Dobovo’s responsibility to ensuring communication and interaction among the Users of the Website.
7. Passing rights of use for objects of intellectual property
7.1. User uploading their graphic or text materials to the Platform transfers their right of use for the said objects to Dobovo. Such objects include pictures of the lodgings offered for rent on the Website taken by the User and all their intellectual activity results. The rights transferred include the following:
a) the right to publish and edit the information materials on the Website;
b) the right to archive the materials for creating databases, convert the data to any possible formats and store the material on any storage units and devices known as well as combine the same with any extra materials;
c) the right to display, publish, reproduce the materials and distribute them by means of any mass communication media whereby the said materials can be stored or copied in any required way;
d) the right to edit and process the materials at own discretion, correct their content, extend or reduce it, modify and interlink them with other data, convert them into formats suitable for use on portable devices;
e) any other rights ensuring appropriate use of the provided materials on the Platform.
The exclusive right of use for the information materials generated by User is not limited in time or territory, is effective throughout the term of the User’s copyright validity, and shall be considered as transferred to Dobovo after its upload to the Website is completed.
7.2. If information objects such as images or texts are generated by User (copywriter, promotion agent etc.) with the aim to assist Dobovo in popularisation and delivery of the Company’s services, signing a certificate on passing the right to use the graphic and text data should serve the base of the exclusive use right transfer to Dobovo.
8. Modifications implemented to the Website content. Website Availability
8.1. Website maintenance procedures, steps aimed at the Platform safety enhancement, service improvement and other actions related to Website management may require temporary restriction of access to the Website pages or use of certain features. On such occasions Dobovo takes the obligation to inform the Users ahead of the abovementioned procedures.
8.2. Dobovo reserves the right to modify the content and structure of the Website with due account for Users’ interests and rights.
9. Lease offer parameters. Lease contract conclusion. Accommodation. Dobovo commission fee. Cancelling orders.
9.1. The offer for short-term property rent posted by Lessor on the Website including lease terms and lodging description should be treated as an option contract.
Under the following conditions the offer is considered to be taken by User (Lessee) and the two parties are considered to have entered into contract:
1) Lessor and Lessee agreed upon the lease period and the total cost of accommodation for the agreed term as well as other conditions and requirements if any.
2) Lessor accepted the order from Lessee and a confirmation e-mail from Dobovo has been received by the latter. If by any reason the Lessee does not receive the said e-mail within the set period of time no contract shall be concluded from which Lessee’s obligations ensue.
9.2. When, after the procedures in para. 9.1. of the present Agreement have been effectuated by Lessor and Lessee, the parties are ready to enter into contract, Dobovo shall send notifications to the both Users specifying the lease period and total cost. Lessee is charged the total accommodation cost for the agreed number of days plus the Dobovo commission fee (compensation for the Platform services) included in the rental charge. Dobovo shall not be involved into the settlement of other possible conditions (cleaning, meals of other services provided by the Lessor) by the Users.
9.3. Lessee makes an upfront payment equal to one night accommodation cost (or more than one night price depending on the terms of stay). The payment is sent to Dobovo through wire transfer. The total lease amount includes the accommodation cost for the agreed period and the charge for Dobovo services. The agreed rental rate shall undergo no changes. The Lessor may not raise the rate or charge the Lessee with any additional fees. The rest of the rent amount is paid by the Lessee upon arrival. This can be done by wire transfer, through electronic payment systems, a payment terminal or a payment card.
9.4. After the contract is signed by the Users Dobovo transfers the rent amount received from the Lessee to the Lessor excluding the Website service fee within two working days from Lessee’s checkout provided the Lessee has no objective claims concerning the accommodation conditions (“payment cancellation policy” – see para. 9.6. of the present Agreement).
9.5. Dobovo reserves a right to change the commission fee at any time. However no fees agreed within the terms of the Users’ orders accepted prior to the introduction of the new fees shall be changed. The Dobovo Users shall be informed of the Company’s policy changes through the Website.
9.6. Lessee has a right of payment cancellation within 24 hours from checking in the rented residential premises in case the provided lodging does not correspond with the description in the lease offer on the Website, is characterized by a considerably lower comfort level than agreed, or was not granted in accordance with the lease contract provisions.
Lessee has to immediately inform Dobovo of the situation that has taken place, by an email sent to email@example.com along with their concise comments.
The possibility to exercise the right of payment cancellation depends on the timeliness of the Lessee’s communication of the issue to Dobovo.
9.7. Lessor shall ensure the timely payment of any taxes applicable to leasing residential property, and is the only one liable thereof.
9.8. Upon Lessee’s order confirmation Lessor shall provide the leased lodging for the Lessee’s temporary use during the agreed time period. The Users are responsible for personally discussing and settling any additional accommodation terms and conditions.
9.9. The Dobovo Platform Users (Lessors, content authors) shall only upload the images of residential property that are legally allowed to be published at the Website. This implies holding a copyright on the graphic materials created by the Users themselves with the consent of the property owner. In event of breach of copyright laws or third party interest infringement the User shall bear full responsibility.
9.10. Dobovo may assist the Users unable to provide the needed lodging pictures in proper resolution and format required for posting at the Website, by sending their photographer to take pictures of the necessary object. The Lessor is responsible for arranging proper conditions for shooting.
After requesting assistance in creating the images the Lessor shall give their consent to acquisition of the exclusive right for the said images by Dobovo.
Lease offer descriptions along with the images included in them shall not infringe the rights of the third party and shall contain no information having no direct correspondence to the offered property units. Publishing advertising materials not related to the lease offer as well as links to any sources is prohibited.
9.11. After the Parties agree upon breaking the contract their further actions are stipulated by the order cancellation procedure section of the contract.
10. Testimonials Policy
10.1. The Users of the Dobovo Website can leave their feedback on the offer they have used. These testimonials serve to create the overall idea of the Lessor and their offer for the potential Users. The accuracy or justice of such feedback is not verified by Dobovo.
10.2. In their testimonials Users should only include statements reflecting the real state of things. No remarks shall infringe the personal rights of the parties they are addressed to. All the comments are expected to be objective and contain no treats or slander.
10.3. Using the feedback option with any aims except those implied by the present Agreement is strictly forbidden. The Users are neither allowed to publish testimonials for their own offers nor any information without relation to the booking procedure, provision of services or accommodation conditions.
10.4. The testimonials policy of the Website does not provide for monitoring, verifying, editing or removing any Users’ posts by Dobovo. Neither are the Users allowed to modify the posted reviews. Once published on the Website, the comment is available for all the Users to read. A testimonial containing threats, offences, harassment, racist or indecent comments may be an incentive for the User to be held legally responsible.
Taking into consideration no verification of testimonials performed by Dobovo, the Company shall not bear any legal responsibility for the published comments, even for those of libelous or detractive nature.
10.5. Dobovo reserves a right to remove, as an exception, any testimonial if it reveals malicious use of the Website and particularly the feedback system, and apply corresponding measures described in para. 10.4. of the present Agreement, in the following cases:
- According to a court decision against the User their comment must be removed.
- The indecent, vulgar or racist comments included in the testimonial entail administrative or criminal responsibility.
- Personal data or contact information of another User is presented in the testimonial.
- The testimonial reveals to other Users the fact of an investigation conducted by Dobovo or a law enforcement body.
- Scripts or links are included in the post.
- The User posted a negative review under certain offer by mistake and already placed the same testimonial on the intended page.
- The author of the comment had no right to publish it due to being under age.
11. User Agreement validity period and termination
11.1. The period of validity of the present User Agreement is not limited.
11.2. The User has a right to terminate the Agreement with Dobovo without prior notice to the latter at any time. Dobovo may be informed of the Agreement termination in written form (e-mail, post) ex post facto. Agreement termination does not cancel any previously made contracts with other Users or exempt the User from paying the due commission fees.
11.3. Dobovo has a right to cancel the Agreement with the User in the period of two weeks.
11.4. Among the compelling reasons to terminate the Agreement with a User are the following:
- User’s refusal to pay the due fees despite the timely notification sent to the e-mail provided by the User;
- User’s failure to follow the provisions of the Agreement and fulfill the obligations conditioned thereby. Regardless timely notification by e-mail the User takes no steps to correct the situation.
Dobovo is not obliged to further notify the User if such notifications are not considered efficient or the violation is serious enough for Dobovo to further abide by the Agreement. A serious violation implies regular breach of provisions 5 and 6 of the present Agreement. Ignoring several notifications form Dobovo as well as the User’s refusal to accept the amended Agreement conditions, - are also among the considerable reasons. Another reason for Agreement cancellation is termination of Dobovo services provision or the Platform functioning conditioned by a court decision, as well as a procedure in bankruptcy involving the User’s (Lessor’s) residential property.
11.5. Dobovo is entitled to dispose of the data provided by the Users with the aim of selling and delivering the declared services.
By entering personal data into Website forms User gives their consent to processing these data by Dobovo with the purpose of promoting the Company’s service, which includes sending out informational emails.
In their turn, Dobovo is obligated to keep the said data confidential and not to disclose them to the third party without User’s written consent. This condition is related to both the current clients of the Platform and the Users whose agreement with Dobovo has previously been terminated by any reason.
12. Illegal conduct of User. Actions inconsistent with the Agreement provisions. Measures Taken
12.1. Provided there exists sufficient evidence of breach of the Agreement conditions by User, third party rights infringement or violation of laws; or should Dobovo consider it necessary with the purpose of protecting the Company’s or other Users’ rights, Dovobo can take one of the measures below before the Agreement is terminated:
- Send a standard warning to the User
- Eliminate User’s materials from the Website or cancel their orders
- Restrict access to the Website
12.2. User’s personal and legal interest shall be observed when the abovementioned measures are taken.
12.3. The existing lease contracts shall not be affected by removal of the corresponding lease offer from the Website. Neither shall User be dispensed from the obligation to pay the due commission fees for the processed orders. An eliminated lease offer can no longer serve a ground for concluding a lease contract.
12.4. In the following cases Dobovo may reject User’s (Lessor’s) lease offers or deny their access to the Website with the purpose of protecting other Users’ interests or retaining the integrity of the Platform system:
- The Lessor repeatedly receives unfavourable feedback from Lessees;
- The Lessor’s personal account contains inaccurate data, e.g. an invalid e-mail address;
- The Lessor has passed their account to a third party;
- The User should be blocked to avoid risks of breach of other Users’ or the Company’s interests, or by other substantial reasons.
If appropriate, Dobovo shall notify the User of the possible Agreement termination and access blocking whereupon the latter has an opportunity to justify themselves or request assistance. If giving a prior notice is not considered effective by Dobovo in the current situation, the User’s access to the Website will be closed with a corresponding notification issued thereupon.
12.5. After the User's (Lessor’s) account is blocked it is not liable to restoration. The User is prohibited to further use the Website through someone else’s account or register a new one.
13. Liability of Dobovo
13.1. Dobovo shall not be held liable for the actions Users perform at the Website or with its help. The Company doesn’t interfere with lease contracts made between individual Users and thus should not be held responsible for their carrying out the obligations conditioned by such contracts or for damage or loss resulted by breach of the latter.
13.2. Dobovo cannot guarantee the accuracy of the information included in lease offers available on the Website. This information includes but is not limited to the data concerning the lodging location, parameters, conveniences and comfort level as well as its availability for booking on certain dates. Besides, Dobovo is not responsible for the testimonials left by lessees in relation to the rented lodging.
13.3. Dobovo shall not be held liable for the condition of the residential premises. The Company is not obliged to control the compliance of Users’ actions or property operations with the applicable laws.
13.4. Dobovo shall not be responsible for any failures in the Platform operation which can result from its malfunction or be caused by the performance of maintenance procedures. Neither shall the Company be held liable for the invalidity or inaccuracy of the information published on the Website, or non-delivery thereof.
14. Concluding Provisions
14.1. The structure of the User Agreement is not determined by the paragraph headings provided solely for reader’s convenience.
14.2. The rights and obligations of Dobovo set forth in the present Agreement can be transferred to a third party at any time.
14.3. The Agreement complies with the norms of material laws of Ukraine.
14.4. Any requests or statements in relation to the Agreement shall be directed to Dobovo’s e-mail address.