GENERAL TERMS AND CONDITIONS

The general terms and conditions of the Opti.Space website have been compiled in accordance with the relevant legislation and in accordance with the international codes for e-commerce.

The Opti.Space website, available at the direct web link https://opti.space (website), is managed by Opti.Space, spletne storitve doo, Mesarska cesta 22, 1000 Ljubljana, registration number: 8425795000, VAT ID: 88192458, which is an information company and at the same time a service provider in connection with the website (hereinafter: “we”, “Opti.Space”). Opti.Space is also the owner and operator of the websites available at https://opti-space.dewww.opti-space.com and www.opti-space.net.

The General Terms and Conditions govern the business relationship between Opti.Space and Owners, between Opti.Space and Clients, and between Opti.Space and End Users (Clients, Owners and End Users together “Users”) when using the services provided by Opti.Space through the website.

Opti.Space reserves the right to change the general terms and conditions, including changes in the prices of services. Any changes to the General Terms and Conditions will be published on the website https://opti.space and will take effect at the time of publication or later, after the expiration of a certain period, if so stated. It is the obligation of each User to find out through the website whether there have been changes to the general terms and conditions and what these changes are. Opti.Space will ensure that the notice of changes to the general terms and conditions is clearly visible on the website.

Agreeing to these general terms and conditions in full is a condition that you can use the services provided by Opti.Space through the website. If you do not agree to these general terms and conditions, you are obliged to stop using our services immediately. The same applies in the event that you do not agree to subsequent changes to the General Terms and Conditions.

Last update: July 2020


IMPRESSUM
  1. INFORMATION ABOUT US
Company’s name:Opti.Space, spletne storitve
Registered address:Mesarska cesta 22, 1000 Ljubljana
Email address:info@opti-space.com
Telephone number:00386 41 317 215
Tax number:88192458
Register number:8425795000
Entry in the court register:30.04.2019
Bank Account:SI56 3400 0101 9568 722
Managing Director:Sabina Veronika Golob

Opti.Space is an information company that provides a digital online marketplace service (see below point ii. Service). The umbrella law for the operation of Opti.Space is the Slovenian Information Security Act (ZinfV).

Opti.Space is not:

Availability of information

Opti.Space undertakes to provide the User with the following information at all times:


  1. SERVICE

FOR THE OWNER:

Only a legal entity or an individual with the status of an sole entrepreneur can act as a provider of Business Premises on the website.

The bidder may be the owner of the Business Premises. In the event that he is not the owner, he must provide all the necessary permits and consents that the Business Premises can offer through the website.

The Owner creates a list of Business Premises (one or more) on the website, within its user account, which it is ready to lease to the Clients and receive payment from the Client. The number of Business Premises that the Owner may offer through the website is not limited.

The type of Business Premises according to the purpose of use is determined by Opti.Space. The same applies to other criteria regarding Business Premises (eg location, required infrastructure, required equipment, etc.).

Opti.Space or persons related to it may also act as a Owner of business premises on the website.

FOR CLIENT:

The Client may become acquainted with the offer of Business Premises of one or more Owners via the website and make a booking with the Owner via the website, in direct contact with the Owner.

The Client may be the end user of the Owner’s business premises. However, the Client may use the business premises of the Owner to perform its services offered to other persons (customers or “End Users”).

The website enables functionality, using which the Client provides its End Users with information on the location of business premises, access, hours of the Client’s service and enables the export of this information to the electronic calendar (eg Google Calendar) of the End User. The use of this functionality by the Client is at his complete discretion (optional).

FOR THE END USER:

The End User is the Client’s customer. The End User uses the services offered by the Client in the Owner’s premises.

The website provides the Customer with certain functionalities, which are described in the previous point (For the Client).

OPTI.SPACE:

Opti.Space is not a party to the legal and business relationship entered into by the Owner and the Client through the website, nor is it a party to the legal and business relationship between the Client and the End User. Opti.Space, in relation to Users, offers only an online platform (online marketplace), which enables the conclusion of business and legal relations between Users (eg concluding a lease agreement for Business Premises). As an online marketplace, Opti.Space connects supply and demand when renting Business Premises (services offered by Opti.Space through the website). These are different types of business premises and different lease durations.

In this way, Opti.Space offers information company services (online platforms), not real estate lease brokerage services.

An information company service is a service that is provided for a fee, remotely (without the personal presence of customers), electronically (via a website) and is fully transmitted, received and sent by electronic means (definition under the Information Security Act – ZinfV) .

The Opti.Space service in relation to Users essentially refers to ensuring the operation of the website and ensuring the functionality of the website, which enables the conclusion of legal and business relations between Owners and Clients.

Opti.Space provides Users with access to the Website and the services that the Website provides during the operation of the Website.

Limitation of liability for breaches

In the event that the Client and the Owner enter into a legal and business relationship through the website (eg a contract on the use or lease of space), Opti.Space is in no case liable for obligations under this contract, as agreed by the parties to the contract, nor has any rights deriving from the contract. Opti.Space’s liability for breaches of contractual terms concluded between the Client and the Owner is completely excluded. None of the parties to the legal and business relationship has the option of claiming recourse against Opti.Space.

The same exclusion of Opti.Space’s liability applies in the case of a concluded legal and business relationship between the Client and the End User.

Liability of Opti.Space is also completely excluded in the event that a third party files a claim for damages against the Owner or any other claim for compensation for material or non-material damage as a result of unauthorized rental of the Business Premises.

Limitation of liability for the damages:

As defined in the previous paragraph, Opti.Space is completely excluded from liability for breaches of obligations of the Users under the contract concluded between them, Opti.Space is completely excluded from liability for any damage that would occur to the Owner, Client or End User as a result of a legal and business relationship.

Other relevant Opti.Space’s documents:


  1. OWNERS

The Owner can be any legal entity that is the owner of commercial real estate, which is the subject of the offer on the website, or has right of disposal of this real estate (“Business Premises”) by renting it out or using it.

The Owner may also offer Business Premises on the websites of other online platforms that provide the same or similar services as those provided by Opti.Space.

Obligations, commitments and statements of the Owner:

Minimum contractual standards to be included in the lease agreement concluded between the Owner and the Client:

Charging rental price:

In accordance with the Opti.Space policy, the Owner has three options for charging the costs of renting the Business Premises:

1. The Owner charges the Client for the service at the end of the month (in this case the Owner is obliged to charge and arrange payment of the Client for the services, as well as payment for Opti.Space services) after receiving the service bill on the 1st day of the month for the previous month.

2. The Owner charges the Service to the Client at the end of the month, Opti.Space for the Owner (for an Owner’s account) charges the first of the month the costs defined under points b and c in the next paragraph, for the previous month.

3. The Owner within the user account selects the setting of real-time payment of bookings for an individual location and Opti.Space collects the following payments for the Owner (for an Owner’s account):

  1. for hourly bookings, prices for hourly bookings that have been (i) completed or (ii) canceled but not reimbursed in accordance with the cancellation policy,
  1. for daily bookings, prices for daily bookings that have been (i) completed or (ii) canceled but not reimbursed in accordance with the cancellation policy,
  2. for monthly provisions, prices for monthly provisions that have been (i) initiated, (ii) renewed or (iii) canceled but the costs have not been reimbursed in accordance with the cancellation policy.

The Owner has the option within the user account in the settings of an individual location to set the way in which the costs of processing the booking are charged to the Client.

Immediate billing and payment of bookings at an individual location:

Opti.Space will return to the User the difference between collected payments and charged payments for Opti.Space services within 8 days of receipt of payment by the Client after the service (booking), except for monthly bookings that begin or renew on the first day of the month.

Monthly bookings starting or renewed on the first day of the month:

Opti.Space will pay the Owner the amount within 15 days after the beginning of the month for the current month or in accordance with the payment received from the Client.

Monthly billing and payment of bookings at an individual location:

On the 1st day of the month for the previous month, Opti.Space will charge the Client the total amount of bookings made for the previous month and return the difference to the Buyer between collected payments and charged payments for Opti.Space services within 8 days after payment received by the Client, except for bookings that start or renew on the first day of the month.

For monthly bookings that start or renew on the first day of the month, Opti.Space will pay the Owner the amount within 15 days after the start of the month for the current month or in accordance with the payment received from the Client.

Contact and payment information:

Owner is:

Cost of Opti.Space services:

For any bookings (hourly, daily, weekly, monthly) booked through the website, the Owner agrees to pay the cost of the service in the amount and in the manner specified in the Price List – packages.

The Owner is obliged to issue an invoice to the Client for the entire gross amount of the booking.

The Owner and Opti.Space settle their obligations and receivables from the booking of Business Premises through the website with mutual netting on the basis of which Opti.Space transfers the difference to the Owner.

In the event when the Owner collects the payments of the Client, he is obliged to pay for Opti.Space services within 8 days of the invoice being issued.

The monthly subscription for the Opti.Space package is paid on the 1st of the month for the current month, the remaining amounts related to turnover are paid after the invoice and invoices are issued by the 5th day of the month with a maturity of 15 days.

The Owner agrees that Opti.Space accepts payments from Clients as an agent for accepting Clients payments (payments for an Owner’s account) and that Opti.Space’s obligation to pay the amount to the Owner is dependent and conditional on the successful receipt of related payments from the Client.

Opti.Space does not guarantee payments to the Owner for amounts not received by Opti.Space in full from the Client.


  1. CLIENT

The Client may be any legal or natural person who concludes or may enter into a business and legal relationship with the Owner regarding the lease of Business Premises and who contacts the Owner through the Services accessible on the website.

In the event that the Client is a natural person, the Client must be at least 18 years old and have legal capacity to enter business relationship.

Obligations, commitments and statements of the Client:

Charging for the lease:

When booking the premises, the Client agrees to pay the price for the use of the Business Premises, as specified in the offer for the Business Premises and based on the booking (per hour, week, day or month).

The price of the hourly booking service is the price per hour of booking, the price of the daily booking service is the price on the day of booking, and the price of the monthly booking service is the price for the calendar month of booking.

Hourly bookings are bookings lasting up to 24 hours, including all bookings for the whole day if a booking is selected via the Book an Hour option. The same applies to recurring bookings that are repeated several times at the same dates.

The price of the service will be charged to the Client as follows: Opti.Space will request the Client’s credit card or PayPal account information and billing address or other payment information, and Opti.Space will process the payment as payment in the name and for the Owner’s account. In the case of monthly billing by the Owner, the Client pays the cost of the service directly to the Owner.

The Owner is obliged to issue an invoice for the full amount of the service.

In accordance with the options for charging for Opti.Space services, it acts as an authorized agent for collecting payments for the Owner, and the payment is considered to be made directly to the Owner.

The amount and time of payments for the price of the service processed by Opti.Space on behalf of the Owner are based on the booking made. For bookings by hours or days made under the Opti.Space option, Opti.Space will process payments at the time of booking. When booking by hours or days, the Client will pay the price of the service for the total number of booked hours or days, including taxes specified in the offer for Business Premises (payment by hourly or daily booking).

Monthly bookings must last at least one calendar month. For monthly bookings, Opti.Space will process the initial payment for such bookings immediately after the Client confirms his booking in the online service. For monthly bookings, the initial payment will be equal to the price of the service for the entire calendar month of the booking and all applicable taxes.

Discounts:

The discount or promotional code, which can be published on the website of an individual Owner or in other forms of messages, provides the Client with special benefits in the cost of renting Business Premises and can be used within the period specified on the website by an individual Owner.

Cancelation costs :

Any booking of business premises canceled by the Client is treated in accordance with the provisions applicable to cancellation in the Opti.Space Cancellation Policy.


  1. USERS

Obligations, commitments and statements of the Users (Clients and Owners):

Opti.Space reserves the right to publish on the website the opinions of the Clients regarding the Owners and the opinions of the End Users regarding the Clients.

– out-of-court settlement of the dispute: in the event of any dispute between the User and Opti.Space, the User undertakes to first try to resolve the dispute out of court. If this proves unsuccessful, the court in Ljubljana is competent to resolve the dispute.

Closing user account

The user may close the user account on the website at any time by sending Opti.Space a termination notice in accordance with the instructions available within the user account.

The Owner is obliged to fulfill the existing bookings that have already been concluded in full.

Opti.Space may prevent you from accessing, using or participating in the Service, including any content therein, at any time after termination of your User Account.

Opti.Space will remove the Owner’s profile from the website upon termination of the account and will stop displaying the contents of the profile.


  1. OPTI.SPACE

Costs charged by Opti.Space

Opti.Space charges a fee for the services it offers through the website. The costs are described in more detail in the Price List of Services.

Opti.Space may also charge Users for the costs of other providers (eg costs of payment service providers) if these costs are related to Opti.Space services. The user must be informed of the costs in advance and agree with them.

Opti.Space reserves the right to:

Liability and limitation of liability for the Opti.Space:

TO AVOID ANY DOUBT OPTI.SPACE STATES:

THE ABOVE DISCLAIMER STATEMENTS FOR OPTI.SPACE ARE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

These General Terms and Conditions and other Opti.Space documents available to Users via the Website constitute the entire agreement between the User and Opti.Space regarding the use of the Service and supersede all prior agreements between the User and Opti.Space regarding the use of the Opti.Space Services via the website.

If Opti.Space does not exercise the rights or provisions of these general terms and conditions, this does not constitute a waiver of these rights. If any provision of these General Terms and Conditions is found to be illegal, void or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. These general terms and conditions are not transferable to third parties.

Dispute Resolution between Users:

Opti.Space has the right, but not the obligation, to act as a mediator in a dispute between Users.


  1. INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights (general)

All content on the website, including User content, models, text, graphics, images, videos, information, software, audio and other files, and their selection and layout (“Site Content”) are the property of Opti.Space or the Users or providers of their rights of use.

The content of the website may not be modified, copied, distributed, edited, reproduced, transmitted, uploaded, displayed, published or sold in any form or in any way, in whole or in part, except as expressly provided in these General Terms and Conditions.

Users may access the services and the Site Content and may use, download or print only part of the Site Content in reasonable number of copies, to which Users have gained access (a) solely for personal, non-commercial use or (b) solely for the referencing of third parties on the service or to compile a collection of advertisements for premises through the service (“collection”), provided that the user retains all copyright or other proprietary indications on all copies of such site content.

Apart from its own User content, the User is not allowed to publish or otherwise distribute the content of the website, neither via the internet nor through any intranet or extranet website, nor is the User allowed to include the content of the website in any other database or database.

The User is not entitled to use any databases, robots, or similar methods of data retrieval to obtain the content of the Website. Any use of the website or the content of the website not specifically mentioned in this document is prohibited and will automatically terminate your rights with respect to the use of the service and the Site Content permitted herein.

All rights of Opti.Space or its rights of use, which are not expressly permitted in these Terms and Conditions, are reserved to Opti.Space and its licensors.

Intellectual property rights of Owners – profile

The Owner is allowed to display certain information on the website in relation to the Owner or the company or organization of the Ownerr, including your Business Premise (profile).

The Owner’s profile will show other Users certain registration data and other content about the Owner, including the Owner’s Business Premises, which you offer for use via the website (profile content).

The Owner may not state its name on the website within the content of an individual Business Premise / location and in any way address the Client to conclude a transaction outside the website. Accordingly, the Owner may not provide the following information in the profile:

The Owner is solely responsible for the content of the profile, messages, notes, text, information, offers, images, links and any other content that uploads, publishes, displays or otherwise provides to Opti.Space for display (publication) on the Website.

It is prohibited to publish, send or distribute user content over which the Owner does not have copyright.

Intellectual property rights of Opti.Space

“Opti.Space” is a trademark of Opti.Space “Opti.Space” together with other graphics, logos, models, page headers, icons, script and names of services on the website represents a trademark or a set of all rights and rights of it in Slovenia and other countries (“Opti.Space trademark” ).

The User is not entitled to use the Opti.Space trademarks either as part of the trademarks or as part of the domain names associated with the product or service in any way that could cause confusion or create the impression that Opti.Space supports the product or service.

Without the prior written permission of Opti.Space, the User is not entitled to use or dispose of the Opti.Space trademark in any way.

Opti.Space’s right to delete content

The Owner agrees that Opti.Space may inspect the Website and may at any time delete or remove the Site Content or User Content at its sole discretion for any reason or no reason, including the Content of the Owner that Opti.Space considers as a violation of these General Terms and Conditions. Opti.Space is not obliged to inform the Owner such action.

Opti.Space has no security or storage obligations regarding the content of the Owner. The Owner is financially responsible for making backup copies and replacing the User’s content, which the User publishes or stores on the website.

Opti.Space does not verify the accuracy, completeness, reliability or authenticity of the User content, nor the descriptions of the Business Premises or the information on the availability of the Business Premises offered by the Owners, nor does it give any indications or guarantees regarding the User content.

When the Owner publishes User content on the Website, the Owner grants to Opti.Space an irrevocable, permanent, non-exclusive, transferable, fully paid worldwide license (with the right to sublicense) for the use, reproduction, public publication, public display, modification, translation of the excerpt (in whole or in part), publishing and disseminating User content. Subject to the rights granted by the User to Opti.Space in these General Terms and Conditions, the Owner retains ownership of its own user content.

Intellectual property rights of third parties

The Website may contain links to third party websites and articles, photographs, text, graphics, images, models, sound, video, information and other content or objects belonging to or derived from third parties (third party content).

Opti.Space does not examine, monitor or verify third party websites and content to ensure accuracy, relevance or completeness and therefore Opti.Space is not responsible for third party websites accessible through the website or any third party content published on the site.

Opti.Space is not responsible for the access of third parties to the website or for the content of their posts, the accuracy of data, insults, opinions, privacy procedures or other policies on third party websites or for the content thereof.

The inclusion, linking or enabling of the use of any third party website or any third party content does not imply its approval by Opti.Space.

If the User chooses to leave the website and access third party websites, or access or use third party content, the User does so at his own risk. In such a case, these General Terms and Conditions do not apply. The User is obliged to review the applicable terms and conditions, including privacy rules and data collection practices on the website from which the User came, or from which the User downloaded applications or on which the Application User has used.

Breaching intellectual property rights

If you find that your intellectual property rights have been violated through the Website, please notify Opti.Space in writing.


  1. TEMPORARY OR PERMANENT USER ACCOUNT LIMITATION

Opti.Space reserves the right to permanently or temporarily terminate the User’s user account or the possibility to use the services via the website in whole or in part without prior notice in the following cases:

In the event of permanent or temporary termination of your User account or restriction of the use of services on the Website:


  1. CONTACTS

If you need any information or assistance with the online offer, ordering, delivery, use of the website or return of goods, you can contact us via email info@opti-space.com.