Terms of use for Digi Access Booking

These general terms of use of online renting (later Terms) define the use of the Digi Access Booking-service (later “Service”) provided by Mainoslähde LLC.

The service maintained by Digi Access Booking (later palvelunvälittäjä) and provided by partners moderates the renting services of different fields and brings together lessors and lessees.

Advertisers (later “Lessor”) can leave their apartments for rent through the Service and tenants (later “Lessee”) can rent apartments through the Service. Lessees will also receive an ID badge for access control. The ID badge is delivered by a partner providing the service. The Lessor and the Lessee can be either a private citizen or a company.

When referring to the Lessor and Lessee together or generally referring to someone using dabooking.fi site will later be referred to as User or Users.

By using the Service, the User agrees to these Terms to be legally binding.  By agreeing to these Terms, the User also agrees to the terms of use and the privacy policy of Mainoslähde LLC, Rollock LLC and ID Control LLC and commits to follow other rules and directions concerning the Service.

TERMS CONCERNING THE USERS

1. General

Palvelunvälittäjä acts as a provider of information between the Users and accounts for customer service concerning the Service. Palvelunvälittäjä is not a renting party  and does not account for the notifications within the Service.

There might be paid or unpaid notifications within the Service, where reserving and paying is possible to complete outside of the Service. The Service might also include notifications that are located outside the Service and are only shown within the Service. With notifications like these there will also be information concerning which service the notification is located and in which service its reservation will take place.

The Services payment services will be provided by default by Stripe Online (later Paymentmoderator) in co-operation with banks and credit institutions. Payment moderator operates in 32 different countries and all data transfers and monetary transactions are SSL protected. All online payments are made through the Payment provider, either by credit card or an online bank service. Palvelunvälittäjä is not a party of the transaction and is not accountable for delivering the transaction.

These Terms are complemented or specified by special terms made within the Service between the Lessor and the Lessee. Users are not allowed to set special terms which conflict with the terms of use of Mainoslähde LLC, these Terms or other directions, rules, laws, regulations or commonly accepted procedures within the Service. Palvelunvälittäjä reserves the right to change these Terms. By using the Service after the changes, the User accepts these changes to be legally binding. By using the Service, the User is bound to follow these Terms according to the laws applied at the time. In that case, an agreement consistent with these Terms between palvelunvälittäjän and the User is formed.

The User is over 18 years old or has a guardian’s permission to use the Service and is deemed to be competent.

In so far as the User does not follow these Terms,  palvelunvälittäjä can nullify the User’s user account. Palvelunvälittäjä can permanently or temporarily cancel the Service or a part of it based on palvelunvälittäjän own judgement without notifying about it in advance.

 

2. Creating a user account

The User can browse the Service without registration. For the User to be able to rent or leave an announcement, they must register as a user of the Service. Registration to the Service is free.

Users are exclusively responsible for all actions performed through the user account and the safe use, maintenance and confidentiality of the password. In so far as the User notices that someone has used the User’s account without their permission, the User must report it to the palvelunvälittäjän customer service via e-mail info@dabooking.fi.

 

3. How does the Service work

The User can register to the Service or rent apartments that apartment and service providers have available. The User will receive an ID badge for access control and a control feature  for their smartphone after making a transaction. The ID badge will be sent to the User by e-mail and text message. The User can access the reserved apartment during the specified time period by following the provided instructions. The state of reservations can also be sent to the lender by text message or via e-mail.

 

4. Reservation calendar

The reservation calendar shows when and which apartments are available for reservation during a desired time period. The reservation calendar also has pictures and more detailed information on the apartment.

 

5. Reserving and paying

The Lessor receives a notification of a Lessee’s reservation request to their e-mail and to the Service. The Lessor can either accept or reject the reservation request. In so far as the Lessor does reject the reservation request or does not answer to the reservation request within a certain time frame after receiving it, the reservation request will expire. The Lessor is responsible for stating this time frame. When the Lessor accepts the reservation request, the Lessee must pay the rent in its entirety. After the Lessee has paid the rent in its entirety, the reservation is confirmed and both the Lessee and Lessor will receive a reservation confirmation and access control ID information and instructions to their e-mail.

(In some cases the Lessee can pay the rent in more than one payment. When paying by multiple instalments, a service fee and a specific percentage of the rent will be charged. After the first payment, the due dates for the remaining payments will be determined by the cancellation terms. If the Lessee does not make the following payments, at least, on the due date, the reservation will be considered as cancelled by the Lessee. More specific instructions to and requirements for instalments and payments suited for instalments can be found through the provider or payment services.)

The Lessee will pay the rent defined by the Lessor, a possible deposit defined by the Lessor and palvelunvälittäjän service fee.

All payments, their amounts and their reasons appear through the provider of payment services.

 

6. Cancelling

The Lessee can cancel a confirmed reservation along the Lessor’s cancellation terms. A general cancellation occurs by contacting the Lessor’s customer service directly. The service provider is not responsible for a cancellation or communication.

 

7. Lessees rights and responsibilities

The Lessee commits to providing the Service with truthful, accurate and extensive enough information when registering. The Lessee also commits to providing truthful, accurate and up to date information at a later time. The Lessee commits to updating possible changes to the information reported to the Service during the reservation process.

The Lessee assures and is responsible about having the necessary possibilities and rights to rent a apartment of their choice. The Lessee must look after and treat the rented apartment as if it was their own.

The Lessee will look after and be responsible for the apartment during the time of their stay. The Lessee must always follow the Lessor’s instructions on using and returning the apartment.

 

8. Paying for the Service and service payment

Apartments with online payment are reserved through the Service and paid through payment moderator within the Service.  By using the Service, the User accepts the payment terms and commits to using only the payment methods available through the Service. All payments made through the Service will be stored to the customer account. The User accepts that all the payments received by the palvelunvälittäjä from the User will be considered as if they were made straight from the User to another.

Payments designated Users will be accounted to the parties based on the information provided by the palvelunvälittäjä. Palvelunvälittäjän responsibility is to notify the payment moderator of the information concerning the renting.

 

9. Online bank services payment

The Lessee can pay for a rented apartment through the online bank services of any Finnish bank.

 

10. Card payments (Visa, Visa Electron, MasterCard and Business Eurocard)

Card payments within our Service are taken care of by our designated payment moderator. During the transaction, card informations are handled inside protected internet access. Card numbers are not stored into the information systems of  palvelunvälittäjä or payment moderators, but handled by a technical payment service provider.

 

11. Paying for a reservation, service fee and possible refunds.

A reservation is confirmed with a payment. The Payment can be made along the payment terms defined by the Lessee.

Palvelunvälittäjän service fee will be charged with the payment.

A completed payment will be stored on the payment moderator’s customer account, until it is released to be accounted to the Lessee. The Lessee will receive the completed payment along the terms of payment moderator.

In so far as a party cancels a confirmed reservation, refunds defined in the terms of renting will be paid along the terms and way of payment used by the Lessee.

User rights and responsibilities

The User commits to using the Service only for the purposes, which are allowed within the terms of use of Mainoslähde LLC and the Lessee, within these Terms, other instructions or rules and legislations within the Service, regulations or commonly accepted policies and instructions, or, as a Lessor, the additional terms concerning the Lessor.

Palvelunvälittäjä has the right to shut down a User’s user account if the User acts against the terms of use of Mainoslähde LLC, these Terms, other instructions or rules within the Service, legislations or commonly accepted policies or, as a Lessor, the additional terms concerning Lessors. A User account can also be shut down if the User has not logged in to the Service in over 12 months.

The User is responsible with providing the authorities with necessary information concerning their own renting activities, as well as taxes or tax related payments and other payments that are required in valid and relevant legislation at any given time.

Service includes material protected with copyrights, trademarks, and other intellectual property rights. The whole Service, as such, constitutes a database which is protected by copyright along the existing copyright law in Finland. The User may use protected materials for their own personal intents. The User does not have a right to spread, publish, copy, inform or commercially exploit the materials within the Service without a distinct written permission from an author, right-holder or palvelunvälittäjä.

The User does not have a right to use automatic systems to manufacture different versions of the Service, parts of the Service or contents of the Service or release them to the public without a distinct written permission provided in advance by the palvelunvälittäjä.

In so far as copying, publishing, spreading or releasing to the public is allowed by law in specific occasions, the User must always mention the name of the author or other right-holder. The User cannot forward or spread material protected by copyright, trademark or other intellectual property rights within the Service without the permission of the author or other right-holder.

With this agreement the User does not receive any rights concerning the Service, except the right to use the Service along the user terms of Mainoslähde LLC and these Terms. Palvelunvälittäjä has the unrequited right to make changes to these Terms. The changes will come into effect immediately. The User accepts the modified terms by using the Service.

The User relinquishes all current and future financial rights of their material delivered to the Service to the palvelunvälittäjä. Palvelunvälittäjä has the right but not a responsibility to relinquish forward the rights mentioned above and to modify material included within the Service to his own judgement. The User retains an independent licence to the material provided to the Service.

The Service may also contain links to other websites. The User visits third party websites at one’s own risk.

The service operates under fair rules and includes the views of both parties during procedures. To secure interaction, Users must ensure that their contact information is up to date.

 

Palvelunvälittäjän rights and responsibility limit

A rental contract to an apartment is formed only between the Lessor and Lessee. Palvelunvälittäjä is not a party of the contract. Palvelunvälittäjä is not responsible for transactions or the acts of Users within the Service or elsewhere. Palvelunvälittäjä is not liable to compensate for damages, accidents or crimes that may take place during the lease. Palvelunvälittäjä does not answer to and is not liable to compensate for possible direct or indirect damages that are related to the Service, its use or information or announcements accessed through it.

Palvelunvälittäjä is not responsible for possible neglected payments by the Users, agreements and their contents between the Users, taxation of the Users or the insurances of the apartments. The User is exclusively responsible for all neglects concerning the user terms of Mainoslähde LLC, these Terms or the additional terms concerning the Lessors and their consequences.

The Service provider will do its best to make sure that the Service is available for use constantly and without disruptions. Palvelunvälittäjä however is not responsible for the uninterrupted, timely or error-free use of the Service. Palvelunvälittäjä is not responsible for interruptions caused by technical errors, maintenance or installation work or the changing or loss of information within the Service because of these or problems, disturbances, interruptions in data transfer due to third parties.

Palvelunvälittäjä has the right to suspend the Service due to changes, updates or a technical reason concerning the Service or due to a data network overhaul, installation or maintenance work or other similar reason or if legislation or other authority instruction requires it. Palvelunvälittäjä restricts the duration of any suspension as short as possible. Planned suspensions will be announced in advance, if possible. In so far as the usage of the paid Service is prevented for reasons other than the User itself for more than 24 hours, Palvelunvälittäjä will extend the operating time of the Service accordingly. However, this requires the User to immediately make a complaint of a dysfunction to the Palvelunvälittäjä, except if the dysfunction is caused by a suspension of which the Palvelunvälittäjä has informed the User in advance. The User does not have a right to other compensations due to suspensions. Palvelunvälittäjä is not responsible for damages caused by dysfunctions, technical errors, harmful software, links or suspensions to the Users or third parties.

Palvelunvälittäjä is not responsible for the content of the announcements or their correctness within the Service. Palvelunvälittäjä is not, for example, responsible for the correctness of user information, the information reported by the Users within the Service or their correctness and legality or if the User is competent to lease out or lease an apartment.

The Service might show announcements that are located and are reserved from another service. Along with these announcements, which other service the announcement is from is displayed. These announcements might show in the Services announcement listings, but all actions linked to them take place in the service in question and the Palvelunvälittäjä is not responsible for announcements within another service.

Palvelunvälittäjä has the right to delete all content from the Service that is contrary to the user terms of Mainoslähde LLC or these Terms or against the additional terms concerning the Lessors, illegal or inaccurate or harmful to the Palvelunvälittäjä, Users or third parties. Palvelunvälittäjä has the right to delete content from the Service if it has judicial obscurities, derogatory information or information unsuitable or inappropriate for Palvelunvälittäjän brand.

Maksunvälittäjän rights and responsibility limit

1. Use of personal data

The User is aware and accepts that Palvelunvälittäjä sends personal data regarding the User to the Maksujenvälittäjä. Maksujenvälittäjä handles the personal data along the Personal Data Act and takes care of the protection of individual privacy when handling personal data. Personal data will be handled to manage the necessary services and actions required by Maksujenvälittäjä, Palvelunvälittäjä and the designated financial institution. Privacy policy ment by the Personal Data Act will also be accessible from the website of the maksupalvelunvälittäjä.

A User’s personal data may be assigned to a designated financial institution to fulfil or clarify a renting function when the User uses a service from a financial institution while renting.

 

2. Legal act between Users or User and the Palvelunvälittäjä

Maksujenvälittäjä is not responsible for the legal act between Users or User and Palvelunvälittäjä. Maksujenvälittäjä is not in any way responsible for the properties, functionality, errors, delays, non-deliveries or neglection of a delivered apartment or service under the subject of the legal act. All comments, complaints and demands concerning User actions or an apartment will thus be directed straight towards the relevant User or Palvelunvälittäjä.

 

3. Overwhelming obstacle

Maksujenvälittäjä is not responsible for damages caused by an overwhelming obstacle or similar reason making the actions of the Maksujenvälittäjä unreasonably difficult. This kind of obstacle relieving of responsibility can be for example:

• Action of an authority
• War or its threat, a revolt or a riot
• Disturbance in mail delivery, automatic data processing, data transfer, other electrical communication or access to electricity, such as electricity, cable or data communications blackouts
• Actions of relevant financial institutions
• Interruption or delay of Maksujenvälittäjän actions caused by a fire or other accident or
• Industrial action, such as a strike, blockade, boycott or block even if it wouldn’t concern the Maksujenvälittäjä.

Overwhelming obstacle or other condition mentioned above entitles the Maksujenvälittäjä to stop operations indefinitely.

Maksujenvälittäjä is not responsible to the Users for indirect damages, such as ungained profits, loss of profits or other similar damages.

Validity, expiration and postponements of Terms

These Terms stand indefinitely. These Terms come into effect when the User accepts these Terms while registering or Users uses the Service. Palvelunvälittäjä is entitled to change these Terms. Palvelunvälittäjä is entitled to change these Terms unilaterally. The changes will come into effect immediately. By continuing to use the Service, the User accepts the used Terms and pledges to follow them.

If the User no longer wishes to use the Service, the User can resign from using the Service and these Terms without a term of notice by announcing it via e-mail. By resigning from the Service, the User is not however relieved of managing confirmed reservations and terms concerning them. In so far as the User resigns from these Terms and stops using the Service, Palvelunvälittäjä will shut down the User’s user account and delete the contents potentially saved to the Service by the User. A resignation ends the User’s right to use the Service. The User is  accountable for all the responsibilities and duties included in the user terms of Mainoslähde LLC, these Terms and the additional terms concerning the Lessor until the resignation come into effect.

In the case of an overwhelming obstacle, both Palvelunvälittäjä and the User are relieved of the duties of these Terms to the extent which prevents following the duties and until the overwhelming obstacle passes.

The User does not have the right to transfer the access rights to the Service or a contract made from the Service to a third party without a written permission from the Palvelunvälittäjä. Palvelunvälittäjä has the right to transfer the Service or its maintenance and the responsibilities and duties included with it and a contract potentially made from the Service to another company within the same concern. Palvelunvälittäjä has the right to transfer a contract to a third party.

Cookies

The Service uses cookies to ensure a better user experience. By using the Service, the User accepts the recording of cookies to the User’s device. The Service provider has the right to monitor the User’s behaviour within the Service and utilize gained research results. Researches are however always conducted in such way that no single User’s results are followed or published. The Service provider may utilize information provided by a User in co-marketing with third parties. However the Service provider does not assign the information of a User to a third party without explicit permission from the User.

Dispensed statutes and conflict settlements

Palveluun ja näihin Ehtoihin sovelletaan Suomen lakia, pois lukien lainvalintaa koskevat säännökset. Disagreements relating to these Terms or the Service signified by these Terms and contracts made from the Service will primarily try to be solved by negotiations between the parties of the agreement. In so far as this is not successful, the disagreements will be solved within the district court of Kajaani. Consumer customers have the right, however, to sue the Palvelunvälittäjä through their local principal trial court. Consumer customers also have the right to request a recommended decision from the kuluttajariitalautakunta.

 

For what purpose is personal data collected?

We only collect and store personal data for predefined use:

• Customer communications and reportage
• Customer service and responding to contact requests
• Implementing our service and its development
• Monitoring the use of our products and services and their analyzing
• Direct marketing

 

Processing of my data

Gained information will only be processed by the staff of our company and Rollock LLC. We also use third party information systems for the recording and processing of the data. In these cases, we ensure that your data is processed confidentially and along the law by contracts, among other things.

We hand over data to our partners to make providing the Service possible. These kinds of instances are the payment or logistic services of a reservation or other services provided by third parties provided through our website.

We may also hand over data in other instances to fulfil obligations of a contract or if it is required by law or a competent official. We may also hand over your data if we are part of a corporate or business acquisition.