Last updated on: 10.02.2021.
This mobile application (“Bookla App”, “App”) is owned and managed by SIA Bookla (42103099546), registered at Cesu iela 31, bld.-2, Riga, LV-1012 (Latvia) (“Bookla”, “our, we, us”).
These Terms and Conditions (“Terms”) constitute a legally binding agreement ("Agreement") between you (“Customer”, “You”) and us, regulating the access to and use of Bookla, as well as the legal relationships resulting from the purchase of products or services (“Services”) Make sure you read these Terms carefully. By installing, using, registering with or accessing Bookla, you expressly agree to be bound by all of these Terms and Conditions.
We recommend you print or save these Terms. An updated version of these Terms is always available on the Bookla App. The last revision date of the Terms is indicated above.
People who are not registered with the Bookla App will only be able to view and use some of the features available on the App, however, they will not be able to use certain services.
The Terms consist of the following sections:
- General description of the service
- Service booking
- Booking cancellation and refund terms
- Payment procedure
- Discount coupon company
- Feedback and ratings
- Disputes between the user and the service provider
- Liability and disclaimer
- Applicable law and dispute settlement
- Intellectual property
- Validity period and termination of the Agreement
- Final provisions
- Customer support service and contact
1. GENERAL DESCRIPTION OF THE SERVICE
1.1. The Bookla App is an electronic booking system that can be used by you as its User to book certain services with the desired service provider (“Service Provider”). The number of possible types of services is not limited and is constantly being increased.
1.2. As the booking system provider, we do not deliver, provide, control, offer nor are the owner of any Service hosted on the Bookla App. As the User books a service and the Service Provider confirms the service booked ("Booking"), the parties enter into an agreement with each other, and Bookla is not considered to be a party to this agreement ("Agreement"). Likewise, Bookla is not a party to any contractual relationship between the Service Provider and the User.
2.1. The Bookla App usage and registering for it (account creation) is free of charge.
2.2. You can access and use the Bookla App without registration. However, if you want to book the Services offered on the App, you have to complete the registration procedure and create an account.
2.3. Persons who have reached the age of 18 may register an account with Bookla.
2.5. Account registration and authentication takes place by using your telephone number.
2.6. The User should not disclose his or her login data; the User should store them and ensure that the data are only known to and used by him or her; the User should not disclose or otherwise make it possible for others to access or use these data. Notify us immediately if you have reason to suspect that your login data are lost, stolen or otherwise used or if they may be accessed by third parties. All actions performed using the User's identification codes shall be considered to be actions performed by the User, and the User shall assume all responsibility for the consequences of such actions.
2.7. Access to and use of the Bookla App, including viewing pages, communication with the service providers, downloading information about the services and their booking, shall be for Users' personal use only and in no way shall be related to any trade, business or professional activity.
3. SERVICE BOOKING
3.1. The User is obliged to make sure that the Service meets his or her needs before booking.
3.2. The User may contact the Service Provider using its contact information provided on the App.
3.3. Upon booking the Service, a request to book a date and time shall be sent to the Service Provider. The User shall receive a Booking confirmation message.
3.4. The history of all Bookings, as well as current Booking information shall be available under the Appointments section.
4. BOOKING CANCELLATION AND REFUND TERMS
4.1. Bookla recommends you carefully choose the date and time of the Service and do not cancel the Service booked.
4.2. The Service Provider shall have the right to cancel the booking at any time and/or offer an alternative (another date and time).
5. PAYMENT PROCEDURE
5.1. Prepayment for services.
5.1.1. Bookla reserves the right for the Service Provider, at its sole discretion, to require 100% prepayment for the successful booking of the service.
5.1.2. The User can make the in-app payment, using a credit card, Apple Pay or Google Pay.
5.1.4. Bookla shall not store credit card details. All data shall be processed in the Stripe system.
5.2. Tickets ordering.
5.2.1. Service provider may add tickets to particular service on the Bookla App.
5.2.2. The user can select tickets on the reservation screen.
5.2.3. The user can pay for tickets on the Bookla App.
5.3.1. If the User cancels the booking earlier than 24 hours before the scheduled Service, the full amount shall be refunded to the User minus the transaction commission 5%(min 0.50 EUR).
5.3.2. If the User cancels the booking 24h to 3h before the scheduled Service, 50% of the paid amount shall be refunded.
5.3.3. If the User cancels the booking later than 3 hours before the scheduled Service, the money paid shall not be refunded.
5.3.4. If the booking is cancelled by the Service Provider, the User shall be refunded 100% of the amount, and the Stripe commission shall be paid by the Service Provider.
5.3.5. Service provider may change the terms of cancellation policy, e.g. instead of 24 hours can be 48 and instead of 3 hours can be 6. Please check cancellation rules before each purchase.
5.4. Dispute resolution procedure.
All disputes shall be resolved individually. To receive assistance, the User should e-mail a request to email@example.com or contact the Bookla App support service.
6. DISCOUNT COUPON COMPANY
6.1. Bookla may offer discount coupons or reward coupons to the users.
6.3. The coupon may be applicable to a specific user, a specific Service Provider or a specific Service. All terms and conditions will be provided within the framework of each promotion organized by Bookla.
6.4. The discount coupon may be applied to the payment for any service booked on the Bookla App.
6.5. The coupon may be applied to only one service, the amount refunded cannot be split or transferred to the next service. The User shall be obliged to cover the balance if the amount of the service exceeds the amount of the discount coupon granted to the User.
6.6. The coupon shall remain valid if the User or the Service Provider cancels the booking.
6.7. Bookla shall have the right to cancel any discount coupon and block the user's profile if Bookla is of the opinion that the User has committed fraudulent activities. Bookla may claim damages from the User.
6.8. Bookla shall not be liable for non-compliance with the terms of the coupon companies if the initiative of the company's organization belongs to one of the service providers and does not relate to Bookla.
7. FEEDBACK AND RATINGS
7.1. After receiving the Service, the Users may provide feedback to the Service Provider, as well as rate it.
7.2. The Service Provider's rating may be affected not only by the User's rating, but also by Bookla's rating, which depends on various factors such as the number of complaints submitted by the Users, booking cancellation history, average response time, etc.
7.3. The rating given by the User, in turn, depends on such factors as booking cancellation history, veracity of the information provided, etc. The rating given by the Users is not public and is available only to the Service Providers.
7.4. Feedback and ratings must be truthful and must not contain rude and/or uncivil language.
8. DISPUTES BETWEEN THE USER AND THE SERVICE PROVIDER
8.1. If the Service provided to the User fails to fully comply with the Service description, the User shall have the right first to request the Service Provider to provide the Service free of charge ensuring compliance with the Service booked and its description.
8.2. The Service shall not be deemed to be non-compliant with its description if at the time of booking the User knew or could not have been unaware of the non-compliance of the Service with his or her needs or the reason for non-compliance is the User's incomplete materials which the User has to ensure for receipt of the Service, or the User was not ready to receive the Service, or the User failed to comply with other preconditions for receipt of the Service and/or has not notified the Service Provider thereof by contacting it in advance.
8.3. In cases when the Service Provider has caused damage to the User's health and/or property as a result of the provision of the Services, the User shall have the right to apply to the court with a request for damages caused by such Service.
8.4. If the User and the Service Provider do not reach an agreement on a disputed issue, the User shall have the right to apply to the Latvian Consumer Rights Protection Centre to resolve the dispute.
8.5. If the User or the Service Provider does not agree with the decision of the Latvian Consumer Rights Protection Centre, the parties shall have the right to apply to a court of the Republic of Latvia, where the dispute shall be settled in accordance with the laws and regulations of the Republic of Latvia.
8.6. Please note that the European Commission provides a platform for an alternative dispute resolution (ADR) which is available at http://ec.europa.eu/odr.
9. LIABILITY AND DISCLAIMER
9.1. Any provision of this Agreement that provides for the limitation of liability or exclusion of indemnification shall be deemed to be an agreed allocation of risks between Bookla and the User.
9.2. Bookla shall be liable for the following:
- Gross negligence on the part of Bookla, its agents and legal representatives;
- Material breach of contractual obligations by Bookla, its agents and legal representatives. Such liability of Bookla shall be limited to actual damages.
9.3. Bookla shall not be liable for simple negligence to the extent permitted by the applicable legislation.
9.4. If jurisdiction does not permit the limitation of liability for accidental or consequential loss, personal injury or death, Bookla's liability shall be limited to the extent permitted by the legislation in force.
9.5. Bookla shall not be liable for any non-fulfilment or delayed fulfilment of our obligations due to fire, flood, war, disorders, strikes, lockouts, natural disasters, power outage, computer viruses or any other event beyond Bookla's control.
9.6. Bookla shall not control or guarantee the quality, security or suitability of the Services of any Service Provider, or the accuracy, rating of the Service description, truthfulness or accuracy of any other related information. We do not check the Services registered by the Service Providers, including their quality and compliance. Service Provider ratings, feedback, or other related information shall not constitute Bookla's representation or guarantee of the quality or compliance of the Service. Bookla only provides the electronic booking of the Services, therefore always check all the information carefully when deciding which Service Provider to choose.
9.7. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Bookla, its employees, and affiliated companies from and against all claims, liabilities, losses, and expenses, including legal costs, incurred or in any way related to Users' access to or use of the Bookla App.
10. APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1. Without prejudice to the application of mandatory consumer protection regulations, these Terms shall be regulated by the laws of Latvia.
10.2. In the event of a dispute between the User and Bookla arising from the provisions of the Agreement, the User shall have the right to submit a complaint to us in writing or electronically indicating his or her name and contact information, the date of submission of the complaint and the reason for it. We will reply to your complaint within 15 days.
10.3. If the dispute cannot be resolved through negotiations, either party may refer the dispute to a court of the Republic of Latvia in accordance with the legislation of the Republic of Latvia.
11. INTELLECTUAL PROPERTY
11.1. The Bookla App content, including but not limited to images, videos, logos, menus, websites, graphics, colours, tools, designs, methods, features, and any software that assists operation of the App, is protected by the copyrights and all other intellectual property rights belonging to us and those of respective right-holders. Reproduction of the content in whole or in part, as well as any reproduction of any kind, shall be prohibited.
11.2. The Users shall be only allowed to view the App and its content. The Users shall be permitted to perform only for personal use temporary reproduction activities which have a temporary nature and which are an essential part of viewing the App and its content. Please note that any author of works published on the App shall have the right to claim the authorship of their work and object to any distortion or any other modification of the work, including works that may damage their honour or reputation.
11.3. All trademarks that distinguish the Services to be purchased on the App are registered trademarks of their respective owners and are used to describe and advertise the Services on the App. We and all other registered trademark owners shall have the exclusive right to use the trademarks we own. Any illegal or unauthorized use of such trademarks is prohibited and may cause serious legal consequences
11.4. Please contact us by sending an e-mail to the address below if you are interested in using links to the content of the App on publicly available web pages: firstname.lastname@example.org.
12. VALIDITY AND TERMINATION OF THE AGREEMENT
12.1. This Agreement shall be valid until its termination.
12.2. The User may terminate the Agreement at any time by terminating his or her registration on the App (deleting his or her account), as well as by terminating his or her use of and access to the App and deleting it from his or her device(s).
12.3. If the User terminates the Agreement, all current Service bookings will be automatically cancelled and refunded in accordance with the Booking cancellation terms (BOOKING CANCELLATION AND REFUND TERMS).
12.4. The following circumstances and preconditions shall be sufficient for Bookla to restrict, suspend or deny the User's access to Bookla, temporarily or permanently (in the event of serious or repeated prohibited actions):
- legal requirements;
- reason to believe that the User violates the applicable laws;
- violation of any requirements of the Terms;
- complaints against the User,
- repeated cancellation of bookings;
- the need to protect the social values and subjective rights of individuals;
- reason to believe that constant use of the App by the User poses a threat to the App or the security of third parties;
- prevention of fraud or any other illegal activity.
13. FINAL PROVISIONS
13.1. Bookla reserves the right to change the Terms at any time, in particular due to changes in the applicable laws and regulations. The last revision date of the Terms is indicated above. You may reject changes to the Terms and terminate the Agreement by immediately terminating your registration on the App (deleting your account), as well as by terminating your use of and access to the App. In this case, your consent to the earlier versions of the Terms remains effective and will apply to any dispute between you and us. By continuing to access or use the Bookla App and its services, you agree to changes to the Terms.
13.2. If, in our opinion, changes to the Terms are material, Bookla shall notify the User thereof 1 (one) calendar month before the changes enter into force. Notwithstanding the provision above, changes to these Terms that are (i) more favourable to the User; (ii) required by law; or (iii) involve the addition of a new service, or additional functionality to the existing service; or (iv) do not reduce the User's rights or increase the User's liability — shall take effect immediately if specified in the notice of changes.
14. CUSTOMER SUPPORT SERVICE AND CONTACT
14.1. You can send any questions to Bookla via the contact option under the Get help section.