Terms and policies

Section 1. General provisions

1. These Partner Terms set out the rules for Trevo providing services to Partners using the trevo.me platform to sell reservations, vouchers and additional services and to manage their online offer.

2. The operator of the Trevo platform is /k/systems Krzysztof Kaszkowiak, ul. Cedrowa 7, 62-090 Rokietnica, Poland, Tax ID (NIP): 787 192 48 11, e-mail: [email protected], tel.: 732 442 446.

3. Support for Partners is available at [email protected] and via the contact form available at https://trevo.me/support.

4. These Partner Terms apply to entrepreneurs and other entities using Trevo in connection with their professional or business activity. These Partner Terms are not addressed to consumers.

5. These Partner Terms form the basis for using the Partner Panel, publishing an offer on Trevo, handling reservations, communicating with customers, settling accounts with Trevo and using other features made available within the platform.

Section 2. Definitions

1. The terms used in these Partner Terms shall mean:

1) “Trevo” or “Platform” – the online platform available at trevo.me and its subpages and panels;

2) “Partner” – an entrepreneur or another authorised entity that has concluded an agreement with Trevo for the use of the Platform;

3) “Partner Panel” – the part of the Platform intended for managing the offer, calendar, reservations, vouchers, customers, public content and settlements;

4) “End Customer” – a person making a reservation, purchasing a voucher or using the Partner’s offer through Trevo;

5) “Partner Offer” – any service, voucher, package, variant, additional service or other commercial or informational content published by the Partner in the Platform;

6) “Platform Fees” – commissions, subscriptions, additional fees and other amounts due to Trevo under the Price List, an individual offer or these Partner Terms;

7) “Settlement Period” – the period for which Trevo charges Platform Fees in accordance with the Price List, an individual offer or the rules adopted in the Platform;

8) “Price List” – the current list of Trevo prices, rates or settlement rules made available to the Partner in the Platform, in commercial communication or in a separate offer;

9) “Partner Content” – any information, data, materials, photos, descriptions, terms, responses to reviews, policies, messages and other elements entered into the Platform by the Partner or its staff.

Section 3. Conclusion of the agreement and Partner account

1. The agreement between Trevo and the Partner is concluded upon activation of the Partner’s account by Trevo, commencement of use of the Partner Panel, or confirmation of acceptance of Trevo’s offer, depending on which event occurs first.

2. The agreement is concluded for an indefinite period unless an individual offer or separate arrangements between the parties provide otherwise.

3. The Partner is obliged to provide complete, true and current identification, address, contact and billing data and to update them promptly in the event of any change.

4. Trevo may verify the Partner’s data before activating the account or during the cooperation. Refusal to provide data necessary for verification may result in refusal to activate the account, restriction of selected functions or suspension of cooperation.

5. The Partner may grant access to the Partner Panel to its employees or contractors. The Partner is responsible for the actions of persons to whom it has granted access as for its own actions.

6. The Partner is obliged to protect account credentials and ensure that the Platform is used only by authorised persons.

Section 4. Scope of Trevo services

1. Trevo makes tools available to the Partner for in particular:

1) creating and maintaining a public business profile and publishing the Partner’s own offer;

2) accepting reservations and selling vouchers and additional benefits online;

3) maintaining a calendar, managing availability and handling reservations;

4) communicating with customers, publishing responses to reviews and handling public content;

5) monitoring settlements with Trevo, accessing settlement documents and fee history;

6) using other functions made available by Trevo as the Platform develops.

2. Trevo may make demo versions, previews, test versions or new functions available on a limited basis. The scope and manner of operation of particular functions may change as the Platform develops.

3. Trevo does not assume from the Partner the obligation to perform services offered to end customers, to handle the Partner’s own sales in a material sense, or to fulfil public-law obligations imposed on the Partner.

Section 5. Partner obligations

1. The Partner undertakes to conduct its activity in accordance with the law, to hold all required rights, permits and consents, and to offer only benefits that it may lawfully and properly perform.

2. The Partner is responsible for Partner Content, including service descriptions, price lists, dates, limitations, terms of performance, cancellation policy, availability information, public materials, responses to reviews and all communications directed to end customers.

3. The Partner undertakes to keep current information about its offer, availability and contact data in the Platform and to promptly remove any false, outdated or misleading information.

4. The Partner is responsible for handling end customers with respect to its offer, including performing services, honouring active vouchers, providing information, considering complaints relating to its own services, and making refunds or date changes in accordance with law.

5. The Partner may not use the Platform to publish unlawful content, content infringing third-party rights, discriminatory, vulgar or misleading content, unsolicited commercial information, or content intended to circumvent Platform security.

6. The Partner should not enter special categories of data or data concerning criminal convictions and offences into the Platform unless this is necessary, lawful and agreed with Trevo.

7. The Partner is responsible for compliance of its activity with laws relating to consumers, taxes, accounting, sales documents, personal data protection and all sector-specific regulations applicable to its activity.

Section 6. Publication of offers and public content

1. The Partner grants Trevo a non-exclusive, royalty-free licence to use Partner Content to the extent necessary to provide Platform services, in particular to record, display, publish, technically reproduce, archive, promote the offer within Trevo and defend against claims.

2. The Partner represents that it holds the rights to Partner Content and that its publication and use in accordance with these Partner Terms do not infringe third-party rights.

3. Trevo may interfere with the technical or editorial layer of Partner Content to the extent necessary for proper display of the offer, maintenance of Platform consistency, ensuring security or compliance with law. Trevo is not, however, obliged to continuously review all Partner Content on the merits.

4. Trevo may refuse publication of, hide or remove Partner Content if there is a justified suspicion of a violation of law, third-party rights, accepted standards of conduct or these Partner Terms.

5. To the extent that the Platform enables the publication of reviews, responses or other public content, the Partner undertakes to communicate in a reliable, professional and lawful manner.

Section 7. Reservations, vouchers and the relationship with the end customer

1. The Partner remains the contracting party with the end customer with respect to its offer unless expressly stated otherwise in a given case.

2. The Partner is responsible for performing the service, ensuring availability consistent with the published offer, handling visits, respecting the rights of end customers and for the consequences of cancellation, rescheduling, refusal to perform or improper performance of the service.

3. Trevo may provide tools for managing reservations, cancellations, date changes, vouchers and communication, but substantive decisions concerning the Partner’s offer and its performance belong to the Partner.

4. The Partner is obliged to honour active vouchers and confirmed reservations unless refusal results from law, force majeure or another justified basis provided for in the offer or in applicable law.

5. Commencement of a purchase process by an end customer may temporarily block a slot or date for the purpose of finalising the order. The Partner accepts this mechanism as part of the operation of the Platform.

Section 8. Payments and settlements with Trevo

1. Payments made by end customers may be handled by an external payment provider designated by Trevo. In the relationship with the end customer, the Partner remains the seller or service provider of its offer and is responsible for the sale, its tax consequences and sales documents.

2. Trevo is entitled to collect Platform Fees in accordance with the Price List, an individual offer or the settlement rules adopted for a given type of service.

3. Platform Fees may include in particular transaction commissions, subscriptions, fees for additional features, fees for individual implementations or other services agreed with the Partner.

4. Trevo issues settlement documents to the Partner for closed settlement periods if amounts due arose in the given period. Settlement documents may be made available in the Partner Panel, sent by e-mail or transferred through relevant public systems if permitted or required by law.

5. A condition for the proper issuance and delivery of settlement documents is the provision by the Partner of correct, complete and verified billing and tax data. Lack of such data may result in suspension of selected settlement functions until the irregularities are removed.

6. The Partner undertakes to pay Platform Fees on time. Delay in payment may result in statutory interest for delay in commercial transactions, restriction of Platform functions or suspension of the Partner account.

7. Trevo may change the Price List, commission rates, pricing plan structure or the scope of fee-based services subject to at least 2 months’ prior notice to the Partner.

8. If the Partner does not accept the new pricing conditions, it may terminate the agreement with effect no later than on the day preceding the date on which the changes take effect, subject to settlement of services performed until the date of termination.

Section 9. Complaints, refunds and disputes with end customers

1. The Partner independently handles complaints, claims, refunds and disputes of end customers relating to its offer, performance of the service, quality of performance, sales documents or cancellation policy.

2. The Partner bears the economic consequences of refunds, chargebacks, corrections, payment disputes and other claims arising from its offer or relationship with the end customer, unless mandatory law provides otherwise or the matter results from Trevo’s fault.

3. Partner complaints regarding the operation of the Platform or settlements with Trevo should be sent to [email protected]. Trevo shall consider them without undue delay, no later than within 14 days from receipt of a complete complaint, unless the nature of the matter justifies a longer period.

Section 10. Personal data and confidentiality

1. The Partner and Trevo are separate controllers of personal data to the extent that each independently decides on the purposes and means of processing. This concerns in particular data processed by the Partner in order to perform its services, conduct sales, handle complaints and fulfil public-law obligations, and data processed by Trevo in order to operate the Platform, ensure security, conduct its own settlements, provide support and comply with Trevo’s legal obligations.

2. To the extent that the Partner enters into the Platform the data of its customers, employees, contractors, voucher recipients or other persons and uses the Platform as a tool for conducting its own activity, the Partner entrusts Trevo with the processing of such data solely for the purpose of providing the services covered by these Partner Terms.

3. Such entrustment includes in particular activities necessary for hosting, storing, organising, making data available in the Partner Panel, sending messages at the Partner’s request, creating backups, technical support, deleting data, and ensuring the security and continuity of the Platform.

4. The Partner represents that it has an appropriate legal basis for processing the data it enters into the Platform and that it fulfils towards data subjects the information obligations required by law.

5. Trevo undertakes to apply appropriate organisational and technical measures to protect entrusted data, to allow access only to authorised persons bound by confidentiality obligations, and to use subcontractors that ensure an appropriate level of protection.

6. Trevo supports the Partner, to a reasonable extent and taking into account the nature of the processing, in fulfilling obligations related to data subject requests, personal data breaches and assessment of compliance of the processing with law.

7. After the end of the cooperation, Trevo deletes or anonymises data processed on behalf of the Partner unless further retention is required by law, needed for defence against claims, or results from necessary backups removed in the ordinary technical cycle.

8. The parties undertake to keep confidential the commercial, organisational, financial and technical information obtained in connection with the cooperation unless disclosure is required by law.

Section 11. Liability of Trevo and the Partner

1. Trevo provides services with due care appropriate for a professional service provider.

2. The Partner bears full responsibility for the legality, accuracy and completeness of its offer, for content published in the Platform and for performance of services towards end customers.

3. Trevo is not liable for damage resulting from actions or omissions of the Partner, end customers, payment operators, external service providers, force majeure or technical interruptions not attributable to Trevo.

4. Subject to damage caused intentionally, Trevo’s total liability for damages towards the Partner for non-performance or improper performance of the agreement is limited to the amount of Platform Fees paid by the Partner to Trevo for the 12 months preceding the event giving rise to liability.

5. The limitation of liability referred to in paragraph 4 does not exclude Trevo’s obligations arising from mandatory provisions of law.

Section 12. Suspension and termination of the agreement

1. Either party may terminate an agreement concluded for an indefinite period subject to 30 days’ notice effective at the end of a calendar month, unless the parties agreed on a different period.

2. Trevo may suspend the Partner’s access to all or part of the Platform with immediate effect if the Partner:

• breaches the law, third-party rights or these Terms;

• is in arrears with payments due to Trevo;

• provides false data or refuses to supplement or verify it;

• uses the Platform in a manner threatening the security, reputation or stability of Trevo;

• commits abuses against end customers or uses the Platform for dishonest activities.

3. In the event of a material breach of these Terms by the Partner, Trevo may terminate the agreement with immediate effect.

4. Termination of the agreement does not release the Partner from the obligation to perform or lawfully settle reservations, vouchers and other obligations towards end customers that arose before the date of termination of the cooperation, nor from the obligation to settle amounts due to Trevo.

Section 13. Amendments to the Partner Terms and final provisions

1. Trevo may amend these Partner Terms for important reasons, in particular in the event of changes in law, development of the Platform, the need to adapt security rules, changes to the service model or the need to clarify provisions.

2. Any amendment to these Partner Terms other than a change to the Price List shall take effect after at least 14 days from informing the Partner, unless mandatory law requires a different period.

3. These Partner Terms and the agreement with the Partner shall be governed by Polish law.

4. Any disputes between Trevo and the Partner shall be resolved by a Polish common court having territorial jurisdiction for the registered office of Trevo.

5. If these Partner Terms are also prepared in other language versions, the Polish version of the Partner Terms shall prevail.

6. In matters not regulated herein, the relevant provisions of Polish law and European Union law shall apply.