RULES FOR USE OF DENNYPAY.COM
1.1. Platform – a payment platform where advance and final payments for the services provided by the Customer are collected from the Clients.
1.2. Services - the collection and transfer services of advance and final payments provided to the Customer on the Platform.
1.3. Service Provider – DENNYPAY, UAB, legal entity code 304887823, address of the head office Ulonų str. 5, Vilnius, Lithuania.
1.4. Customer – a natural or legal person registered on the Platform who, in accordance with the rules of the Platform, uses (has used or intends to use in the future) the Services provided and has entered into an open banking services agreement with Third Parties.
1.5. Account – a Customer’s account created on the Platform, in which advance and final payments are collected.
1.6. Service Plan – the Service provision Plan selected by the Customer, for which a monthly subscription fee is applied.
1.7. The Rules – these terms and conditions of use for the Platform, which define the functionalities provided by the Platform, enabling Customers to receive the Services.
1.8. Data – data of a natural or legal person, such as the name, first name, surname, code, e-mail address, etc., specified during registration on the Platform and subsequently provided in the personal account on the Platform, as well as any other information provided by the Customer to the Service Provider during the provision of the Services.
1.9. Third Parties – “NEO Finance”, AB, legal entity code 303225546, address of the head office A. Vivulskio str. 7, Vilnius, Lithuania and PAYSTRAX UAB, legal entity code 304888494, address of the head office Vilniaus str. 31/ Islandijos str. 1, 01402 Vilnius, Lithuania, LLC Transact Pro, legal entity code 41503033127, address of the head office Kr. Valdemara Street 62, Riga, LV-1013, Latvia
1.10. An Agreement – an open banking services agreement entered into between the Customer and Third Parties.
1.11. Accommodation services – the services provided by the Customer to the Client, on the basis of which the Platform collects advance and/or final payments.
1.12. Reservation – a pre-order made by the Client for the Accommodation Services provided by the Customer.
1.13. Client – a natural or legal person seeking to use the Accommodation Services provided by the Customer.
1.14. Link – a link generated by the Service Provider and sent to the Client to confirm payment or identity.
II. VALIDITY AND AMENDMENT OF THE RULES
2.1. These Rules systematize the information related to the activities on the Platform by providing relevant references to the places where more detailed information is published, i. e. the Rules consist of the information provided in these Rules and the information available on the Platform.
2.2. The Customer shall be deemed to have agreed and undertaken to comply with the Rules when the Customer ticks the box “I agree with the rules” (or a sentence with different content, if a sentence other than that specified in this clause is provided). The Rules of Use of the Platform are available by clicking on the said sentence or its part when the Customer registers, i. e. when creating his personal account on the Platform.
2.3. For the sake of clarity, it shall be stated that there is no possible situation where the Customer agrees and undertakes to comply with the Rules with certain exceptions. If the Customer has any comments or wishes to behave differently than specified in the Rules, it is required to obtain the prior written consent of the Service Provider or to wait until the Rules are amended accordingly.
2.4. All amendments or modifications to the Rules shall enter into force from the moment of their publication on the Platform unless the later date of entry into force of the amendments or modifications to the Rules is clearly and unambiguously indicated in the Platform. For the sake of clarity, it shall be specified that the moment of entry into force of the amendments or modifications to the Rules cannot be linked to the moment of receipt or reading of electronic notifications about amendments or modifications to the Rules. If the Customer does not agree with the amendments or modifications to the Rules, he loses the right to use the Platform and (or) the Services provided therein. In case of disagreement, the Customer must apply to the Service Provider in writing within 3 working days for the cancellation of his personal account.
2.5. In case of violation of the Rules, the Customer’s access to the functionality of the Platform may be suspended indefinitely. Suspension of access means that the Customer cannot connect to the Platform.
III. USE OF THE PLATFORM
3.1. The process related to the provision of Services consists of the following stages:
3.1.1. Conclusion of the Agreement with Third Parties;
3.1.2. Filling in the registration form on the Platform;
3.1.3. Entering the Customer ID obtained from Third Parties in the profile settings;
3.1.4. Plan selection and its activation;
3.1.5. Creating a new account and entering the required data;
3.1.6. Account confirmation and permission to send the Link to the Client.
3.1.7. With the prior consent of the card holder, deduct money from the guest card when such functionality is activated in third party payment systems.
IV. REGISTRATION AND SELECTING THE PLAN
4.1. Only registered natural or legal persons who perform registration on the Platform by submitting the Data necessary for the registration, have concluded Agreements with Third Parties and become Customers may use the Services provided on the Platform.
4.3. After registering on the Platform, the Customer selects the Service Plan from the provided list of Plans, chooses the validity period of the Plan from the specified options and activates the Plan by making a payment.
4.4. During the term of the plan, the Customer may choose to have an automatic cash withdrawal every month for the Services provided or to make such payments manually.
V. INVOICING THE CLIENT
5.1. After activating the selected Service Plan and making the first payment, the Customer acquires the right to use the Services.
5.2. The Customer, having received a reservation request from the Client, must perform the following actions on the Platform:
5.2.1. Select the function “Create a new invoice”;
5.2.2. Fill in the requested data, such as the Client’s name, surname, personal code, the deadline for providing the service to the Client from the day of arrival to the day of departure, the exact address of the services provided to the Customer and e-mail;
5.2.3. Select the “Confirm” function.
5.3. After the Customer confirms the Client’s reservation form, the Platform generates a Payment link, which is sent to the Client via the specified e-mail.
5.4. The Client receives a Payment Link with the following options:
5.4.1. To authorize the payment card - this way the Client confirms his/her identity and expresses the prior consent to the automatic debiting of the Client’s credit/debit card for the services provided by the Customer to the Client in the future;
5.4.2. To pay for the reservation - this way the Client is directed to the bank and a prepayment is made for the Accommodation Services provided by the Customer to the Client.
5.5. Before making a payment, the Client must confirm that he/she has read the rules of the Platform, and at the same time the Client agrees that the Platform may make additional debits from the Client’s bank card for additional services provided by the Customer to the Client.
5.6. Depending on the Client’s choice, as specified in Article 5.4 of the Rules, the Platform sends the Client’s instruction to the Third Party.
5.7. Upon confirmation of the Client’s instruction by a Third Party, the Platform shall send this confirmation to the Client by the specified e-mail.
5.8. Following the steps referred to in clause 5.6, the Client’s settlement status “Payment completed” and/or “Authorized card” is marked on the Platform.
5.9. Had the Customer selected the Service Plan with the systematic integration of the Platform into the Customer’s management system, the actions specified in clauses 5.2.1-5.2.3 of these Rules shall be performed automatically.
VI. RULES APPLICABLE TO THE CLIENT’S PAYMENTS
6.1. In order to use the services provided by the Platform, the Customer, by approving these Rules, at the same time confirms that he/she is fully acquainted with the rules of banking services provided by Third Parties.
6.2. The Customer confirms and guarantees that all payment transactions are executed in accordance with the Agreements concluded between the Customer and Third Parties, as well as with the rules of the provided banking services.
6.3. The Services provided on the Platform are not subject to the provisions of the Agreements and rules concluded between the Customer and Third Parties.
6.4. The provisions of the Agreements concluded between the Customer and Third Parties and/or the rules of banking services provided by Third Parties shall apply to the conditions of execution, non-fulfilment or cancellation of the reservation and/or Accommodation Services that the Client intends to use/uses or has used.
6.5. The Service Provider is not liable for violations of the Agreements concluded between the Customer and Third Parties and/or the rules of banking services provided by Third Parties.
VII. RULES FOR PERSONAL DATA PROCESSING
7.1. For the purposes of this section, the Customer is considered the “Data Controller” and the Service Provider is the “Data Processor”, the terms “data controller”, “data processor”, “data subject”, “processing” have the same meaning as defined in the personal data processing legislation.
7.2. The Data Processor undertakes to process personal data only in accordance with the Data Controller’s documented instructions, including these Rules, and to ensure that the Data Processor’s employees or other authorized persons who will process personal data are permanently obliged to ensure confidentiality of personal data received from the Data Controller.
7.3. The Data Processor shall ensure that personal data received from the Data Controller shall be processed only on behalf of the Data Controller and comply with his/her instructions, these Rules and the legal acts regulating the protection of personal data.
7.4. The Data Controller will transmit and the Data Processor will process the following data of the data subject: name, surname, personal code, e-mail address, telephone number, full address of the location, as long as the services of the Data Controller are used.
7.5. The Data Processor shall have the right to use third parties (auxiliary data processors) for the performance of the Agreement. The Data Controller shall give the general consent to the Data Processor to use the following auxiliary data processors: “NEO Finance”, AB, legal entity code 303225546, address of the head office A. Vivulskio str. 7, Vilnius, Lithuania and PAYSTRAX UAB, legal entity code 304888494, address of the head office Vilniaus str. 31/ Islandijos str. 1, 01402 Vilnius, Lithuania, LLC Transact Pro, legal entity code 41503033127, address of the head office Kr. Valdemara Street 62, Riga, LV-1013, Latvia
The Data Processor undertakes to inform the Data Controller of any planned changes related to the use or replacement of other auxiliary data processors, and thus giving the Data Controller the opportunity to object to such changes.
7.6. Where the Data Processor uses another processor in order to perform a specific processing activity on behalf of the Data Controller, in accordance with the contract or other legal act, that other processor shall be subject to the same data protection obligations as those laid down in the contract or other legal act concluded between the controller and the processor, in particular, the obligation to ensure sufficiently that the appropriate technical and organizational measures are implemented in such a way that the processing of data complies with the requirements of data protection law. Where that other processor fails to comply with the data protection obligations, the primary Data Processor shall remain fully liable to the Data Controller for the fulfilment of the obligations of that other processor.
7.7. The Data Processor undertakes to respond in detail within 5 working days to all requests of the Data Controller related to the processing of personal data and to comply with the instructions of the competent supervisory authorities regarding the processing of personal data carried out in accordance with these Rules.
7.8. The Data Processor must take all measures required by Article 32 of the General Data Protection Regulation regarding the security of the processing.
7.9. The Data Processor is not responsible for the processing of data that the Data Controller transfers to Third Parties.
7.10. The Data Processor undertakes, at the choice of the Data Controller, to delete or return all personal data to the Data Controller and delete existing copies of the data upon completion of the services related to the data processing, except where Union or Member State law requires the storage of such personal data.
7.11. The Data Controller agrees to provide copies of these Rules and other agreements on the processing of personal data to the competent supervisory authority if it so requests or if required by data protection law. The Data Processor declares that there are no objections to do so.
7.12. The Data Processor undertakes to notify the Data Controller on the same day of (i) any legally binding request by law enforcement authorities to disclose personal data received from the Data Controller unless it is prohibited to do so; and (ii) any accidental or unauthorized access to data, leakage of personal data and/or breach of personal data security.
VIII. SETTLEMENT WITH THE SERVICE PROVIDER
8.1. After receiving the confirmation of the plan selected by the Customer, the Service Provider shall send the Customer VAT Invoice via the indicated e-mail address.
8.2. Upon receipt of the VAT Invoice from the Service Provider, the Customer shall pay the price for the Services indicated therein within 10 calendar days from the date of submission of the VAT Invoice.
8.3. The Service Provider shall have the right to unilaterally terminate in writing the provision of Services to the Customer if the Customer is more than 15 calendar days late in paying for the said Services, after notifying the Customer not later than 14 calendar days before the planned termination of the provision of Services.
8.4. If the Customer fails to make the payments provided for in the Rules on time, the Customer shall undertake to pay the Service Provider interest at the rate of 0.05% for each day of delay on the amount not paid on time.
8.5. The Service Provider undertakes to store the Customer’s account and the data contained therein for 60 calendar days after the termination of the provision of the Services. After this period, the Customer’s account shall be deleted from the Platform.
9.1. The Service Provider undertakes to observe confidentiality in the mutual relations, not to disclose to third parties in writing, orally or in any other form any commercial, business, financial information which has been disclosed in cooperation on the basis of the Rules. Customer Data may be disclosed to third parties only in accordance with the procedure provided for by the legal acts of the Republic of Lithuania.
10.1. Customers are solely responsible for the accuracy of the Data provided. If the Customer does not provide accurate Data, the Service Provider shall not be liable for the consequences arising therefrom and shall acquire the right to claim compensation from the Customer for the incurred direct losses.
10.2. The Service Provider shall not be liable for losses incurred by the Customer if they have incurred in violation of these Rules, even though the Customer has been given the opportunity to get acquainted with them.
10.3. The Service Provider shall not be liable for any legal consequences arising from the Contracts and other agreements concluded between the Customer and Third Parties.
10.4. By independent placing of the information on the Platform, the Customer assumes full responsibility for the compliance of its content with the terms of the Rules and the legal acts of the Republic of Lithuania. In case of non-compliance with these Rules, the Customer assumes the risk for the resulting consequences and acquires the obligation to compensate the Service Provider for the direct costs incurred.
XI. FORCE MAJEURE
11.1. The Party shall be released from liability for violation of the Rules if it proves that the Rules have been violated due to circumstances that could not be controlled and reasonably foreseen at the time of approval of the Rules and that the Party could not prevent these circumstances or consequences thereof. Force majeure shall not be defined as the fact that the goods necessary to fulfil the obligation are not available on the market, the contracting party does not have the necessary financial resources or the debtor’s contractors are in breach of their obligations.
11.2. Circumstances of force majeure include: war (declared or undeclared), civil war, rebellion, piracy, sabotage; natural disasters: severe storms, cyclones, earthquakes, sea or river floods, lightning; explosions, fires, destruction of machinery buildings and any (or all) internal communications; boycotts, strikes, lockouts, occupation of industrial or administrative buildings and suspension of work in the company of the party requesting exemption from the obligations, lawful or illegal actions of public authorities.
11.3. The Customer acknowledges and agrees that a global pandemic will not be considered a force majeure circumstance.
11.4. If the circumstance due to which it is impossible to comply with the Rules is temporary, then the party shall be released from liability only for such period of time as is reasonable considering the influence of that circumstance on compliance with the Rules.
11.5. The Customer undertakes to immediately, but not later than within 1 calendar day, notify the Service Provider about the occurrence of force majeure circumstances, detailing how force majeure circumstances may affect the fulfilment of obligations provided for in these Rules.
11.6. The Customer and the Service Provider undertake to cooperate closely in the event of force majeure and to make every effort to ensure that the provision of the Service and the fulfilment of obligations are not interrupted.
XII. FINAL PROVISIONS
12.1. These Rules are drawn up in accordance with the legal acts of the Republic of Lithuania.
12.2. The law of the Republic of Lithuania shall apply to the relations arising on the basis of these Rules.
12.3. Approval of these Rules is equivalent to concluding an Agreement between the Customer and the Service Provider.
12.4. Any disagreement arising out of the implementation or validity of these Rules shall be settled by negotiation. If no agreement is reached, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania in the court of the domicile of the Service Provider.