Terms of service

These Terms of Service ("Terms") govern the portal-use contract between the operator and each registered user and the rules applicable to visitors. The contract is formed when registration is completed after the user actively accepts the Terms; browsing without an account requires compliance with portal rules but is not a waiver of statutory rights. These Terms apply to free and paid features; specific terms displayed before an order prevail if they conflict with these Terms.

Operator

Ben Barkai

Business ID (IČO)

22073264

Registered address

V kapslovně 2770/5, 130 00 Prague 3 – Žižkov, Czech Republic

Contact e-mail

support@vistario.eu

Portal

Vistario – websites vistario.cz and vistario.eu

The following definitions apply throughout these Terms:

Visitor

Anyone who accesses the portal without registering.

User

A natural person with an account or a legal person represented by an authorised natural person; depending on the circumstances, a consumer or a business user.

Advertiser

A user publishing an offer or demand; for a short stay, also a host or accommodation provider.

Listing

Text, images, pricing, or other user content about a specific property or property demand.

Service

The portal's technical features, including search, saving, listings, messages, viewing proposals, notifications, statistics, and paid promotion.

Vistario is a technical listing and communication portal. It lets users publish and search offers, send messages, and propose viewings. Vistario is not an owner, seller, landlord, host, travel organiser, estate agency, insurer, payment institution, or party to any agreement between users. It does not conclude a sale, tenancy, or accommodation contract for users, set its price or terms, receive rent, deposits, or keys, or provide escrow, a guarantee, insurance, or damage protection. Vistario's paid services are portal services supplied only to the advertiser.

Basic browsing is available without registration. A standard account may be created by a natural person aged at least 16; only a person aged at least 18 with full legal capacity and authority may advertise, order paid services, or act for an organisation. Registration creates a contract of indefinite duration.

• The user must provide accurate and current registration details.
• The user is responsible for keeping login credentials secure and for all activity carried out under their account.
• A user may have only one active personal account unless demonstrably authorised to manage multiple organisation profiles. An account is non-transferable and must not be shared.
• Suspected misuse, loss of access, or unauthorised activity must be reported without delay; until reported, the user is responsible for culpable use of the account.
• The user accepts the Terms through a separate, initially unticked control. The Privacy Policy is mandatory information, not consent to processing. Marketing consent is separate and voluntary.

Advertisers may be private individuals, sole traders, legal entities, or real-estate intermediaries (agencies, developers). An advertiser account may be created and used only by a natural person who is at least 18 years old; a legal entity must act through a representative who is at least 18. The portal requires the following identification:

• Legal entities and sole traders in CZ/SK: company name or full name, business ID (IČO), registered address, billing e-mail.
• Foreign legal entities or sole traders: business name, registration identifier (EU VAT, registration number or equivalent per country), registered address.
• Private individuals: full name, contact e-mail, and an electronic declaration of authority to publish the offer. The confirmation record contains the server timestamp, text version, and a one-way HMAC subject digest; a raw IP address is not part of this evidence.
• A business must be clearly identified as a trader and provide all identity, contact, pricing, and consumer information required by law. The advertiser is responsible for correctly declaring whether it acts as a trader or non-trader.

Verification or a badge confirms only the specific check described with the badge and the state at the time of that check. It does not guarantee ownership, authority, identity in every context, condition, solvency, or trustworthiness. Where a specific risk, complaint, or incident exists, the operator may request proportionate evidence and restrict the affected content as necessary. Voluntary verification evidence is not a condition of ordinary core features.

The advertiser is responsible for each offer, its legality, and persons acting through the account. In particular, the advertiser must:

• Only properties located outside the Czech Republic may be advertised.
• Listing content must be truthful, accurate, current, and must not mislead users.
• The advertiser must hold valid authority to offer the property at the time of publication (ownership, power of attorney, mediation agreement).
• Texts, photos, and other content must not infringe copyright, personality rights, or other third-party rights.
• State the truthful total price and mandatory charges, currency, pricing period, deposit, cancellation rules, restrictions, availability, features, location, and material legal and factual status, without concealing known defects or risks.
• Each specific offer may appear as one listing; duplicate, stale, or artificially refreshed offers may be removed.
• Update, pause, or withdraw an offer without delay if it is no longer available or its conditions change.
• Before money is transferred or a contract is signed, allow the other party to verify identity, authority, offer terms, and customary documents; sensitive documents must be shared securely and only as necessary.
• Comply with applicable anti-discrimination, anti-money-laundering, anti-corruption, sanctions, and unfair-commercial-practice rules.
• Never claim that Vistario approves, guarantees, or insures an offer, return, investment, host, guest, or transaction.

By uploading content, the user grants the operator a non-exclusive, worldwide, royalty-free, sublicensable licence to store, copy, technically adapt, translate, display, and promote it as necessary to operate, secure, and promote the portal and the specific offer. The licence lasts while the content is published and afterwards only as needed for backups, evidence, legal duties, and defence of claims. The user retains ownership and warrants that all necessary rights and consents are held.

The operator may create previews, change format or resolution, automatically translate, and use content in marketing for the specific offer or portal. Distribution to a new public channel beyond this purpose requires notice or consent depending on the use. Translations and automated adaptations may contain errors; information directly confirmed by the advertiser controls.

The following are prohibited on the portal:

• Advertising properties without valid authority to offer them.
• Submitting deceptive, misleading, or offensive content.
• Creating fake or duplicate accounts.
• Automated extraction of portal data (scraping, crawling) without the operator's written consent.
• Circumventing the portal's payment or authentication systems.
• Distributing spam, malware, phishing, unsolicited marketing, false reviews, or manipulating ratings and statistics.
• Circumventing limits, moderation, tariffs, lead measurement, or security; accessing another person's account or testing vulnerabilities without written permission.
• Using the portal for fraud, money laundering, sanctioned trade, discrimination, prostitution, trafficking, illegal accommodation, parties against host rules, or any other unlawful activity.
• A guest or seeker must not impersonate another person, exceed capacity, sublet without authority, deliberately damage property, or unreasonably disturb neighbours.

Basic features are free. Paid advertiser features include subscriptions, listing slots, highlighting, topping, credit, and lead unlocking. The scope, price, period, and charging point displayed before a binding order form part of the contract.

• Prices are stated in CZK or EUR. VAT is itemised where the operator is a VAT payer; otherwise the price is final.
• The operator reserves the right to adjust EUR-denominated prices based on the current exchange rate published by the Czech National Bank (CNB). An exchange rate change does not affect ongoing fixed monthly subscriptions until the user has been demonstrably notified of the price change with the option to cancel the service.
• Stripe processes payments. The operator records only billing data and limited technical identifiers, amount, currency, time, status, and fee needed for the service, accounting, security, and deduplication. Vistario does not store the payment-card number, CVC, or full cardholder payment details.
• A monthly subscription renews automatically unless cancelled before the next charge. Cancellation stops future renewal; the paid period continues to its end unless the law or offer states otherwise.
• Credit in the Vistario wallet is not a bank deposit, e-money, or investment; it bears no interest and is not transferable or redeemable for cash unless required by law or an authorised refund. It is used according to the feature confirmed by the user and the account history.
• Highlighting, topping, and a lead do not promise any number of views, contacts, or transactions. A recurring feature is charged at the displayed interval until switched off, credit is exhausted, or the feature ends.
• Users must check billing records and promptly dispute an apparent discrepancy. A chargeback or payment dispute does not remove the duty to pay a valid price and recoverable costs.
• Consumers receive statutory pre-contract information. Performance during the withdrawal period begins only on an express request; withdrawal rights, proportionate charges, and loss of the right depend on mandatory law and the specific digital service.
• Prices or paid conditions may be changed prospectively after notice. A business user receives at least 15 days where P2B requires it; a consumer may cancel a recurring paid service without penalty before the change. A change does not alter a fixed period already paid for.

The main ranking parameters and their relative importance are:

• For text search, match and relevance to the query and active filters such as location, purpose, type, price, and area come first.
• In ordinary default ranking, paid highlighting has the greatest influence, followed by the most recent topping and then publication time; a technical ID resolves ties.
• Paid highlighting or topping affects visibility and is labelled. Payment never changes a filter, overrides the user's selected sorting, or by itself guarantees first position.
• When the user selects another order, the chosen parameter controls, such as price, area, or date. Availability, data quality, moderation, and technical compatibility may exclude an offer.

In accordance with EU Regulation 2022/2065 (DSA), the operator moderates portal content and allows illegal or harmful content to be reported.

• Any user may report a listing via the “Report” function on the listing or by e-mail to support@vistario.eu.
• The operator will assess reports and decide on retention, modification, or removal of content without undue delay.
• An affected user receives reasons for a restriction where law and safety permit, including the basis, territorial and temporal scope, and available redress.
• A sufficiently reasoned complaint may be sent to support@vistario.eu within 6 months after notice of the decision. A qualified person, not only an automated system, reviews it; this route applies at least to the extent required by the DSA.
• The operator may use automated signals for spam, duplication, fraud, security, and prioritisation, but a material final decision is subject to human review where required by law. The portal has no general duty to monitor all content.
• Manifestly illegal content, imminent danger, fraud, or a security incident may be restricted immediately; an account may be secured during investigation. Repeated misuse of notices and repeated manifestly illegal content may be suspended after warning.
• The operator may preserve necessary evidence, comply with a binding authority order, and report suspected crime. Personal data is disclosed to another person or authority only on a legal basis and under the Privacy Policy.

The portal does not provide legal, tax, planning, financial, safety, or investment advice. Before transferring money or signing, users must independently verify the person, title and authority, legal and technical condition, price, local rules, insurance, and contract documents.

• The operator is not liable for the accuracy of listing content or the compliance of an offer with local law in the property's country.
• The operator is not liable for a direct user agreement, its performance, payment, deposit, cancellation, property condition, conduct of a host or guest, or damage caused by one party to another.
• The service is supplied subject to availability. The operator is not liable for outages caused by maintenance, networks, suppliers, attacks, authority action, or force majeure, but will take reasonable recovery and security measures.
• For a business user, aggregate compensation for direct loss from the portal service is limited to the greater of fees paid by that business user in the preceding 12 months or CZK 10,000. Lost profit and indirect or consequential business loss are excluded to the extent permitted by law.
• No limit applies to harm caused intentionally or by gross negligence, harm to a person's natural rights, a duty that cannot lawfully be limited, or mandatory consumer rights.
• A business user indemnifies the operator against valid third-party claims, penalties, and reasonable costs arising from its unlawful content, missing authority, rights infringement, direct contract, or breach of these Terms, except to the extent caused by the operator. A consumer is liable only to the extent of fault and applicable law.
• A user must reasonably prevent loss, report it without undue delay, preserve evidence, and allow reasonable mitigation. Mandatory periods and rights remain unaffected.

Depending on its substance, a short stay may be an accommodation service rather than a tenancy. The host and guest conclude any direct accommodation or rental contract outside Vistario. Vistario currently provides no booking, collection of rent, deposit, refund, damage process, host protection, or guest liability insurance.

• The host must obtain any required consent from the owner and every relevant person, authority, or owners' association and comply with permitted building use, business licensing, registration, record-keeping, tax, tourist, immigration, fire, hygiene, safety, and insurance duties in the country and municipality.
• Before agreement, the host clearly states identity and trader status, accommodation address and features, total price including mandatory charges and taxes, dates, capacity, house rules, deposit, cancellation and refund rules, check-in/out, and complaint contact.
• The host is responsible for the legality of the offer, a safe and agreed condition, deposit collection and return, and guests' statutory rights. The host should maintain suitable insurance and verify that paid short stays are covered.
• The guest is responsible for themselves, fellow travellers, children, visitors, and animals; must respect capacity and rules, use the property properly, prevent damage, and report incidents immediately. No unauthorised event, subletting, or illegal use is allowed.
• Never send a deposit, rent, or other booking payment to Vistario. The parties choose a safe payment method and agree in writing on terms, inventory, handover condition, deposit, evidence process, and damage settlement. Vistario is not a deposit custodian or adjudicator.
• The person who causes property damage is liable to the host under the direct contract and applicable law. A claim must be proven, exclude ordinary wear, and avoid unjust enrichment. Vistario does not pay merely because the parties met through the portal.
• Suspected fraud, danger, or serious damage must be reported immediately to the portal and, as appropriate, police, insurer, or local authority. The operator may secure an account and preserve available records; disclosure follows lawful process only.

A user may terminate an account in settings or by requesting it at support@vistario.eu. An active subscription, unused credit, open complaint, or statutory retention duty may require prior settlement. Personal data after termination is processed under the Privacy Policy.

• The operator may proportionately restrict content or a feature for breach, legal or security risk, non-payment, fraud, or user protection; where possible, it first allows a remedy and states reasons.
• A business user receives at least 30 days' notice and reasons before complete termination where P2B requires it. The period does not apply to a legal duty, urgent security risk, or repeated breach.
• While the account is active, an advertiser can access its profile, listings, available statistics, communications, and billing. Access normally ends on termination; export and retention depend on available features, the Privacy Policy, and law.
• The operator uses user-provided and operational data to provide, secure, measure, moderate, and improve the service. Provider access and any differentiated treatment of the operator's services are described in the Privacy Policy, price list, and these Terms; the operator currently gives no preferential ranking to its own properties.

These Terms and the operator contract are governed by Czech law. This choice does not deprive a consumer of mandatory protection in the country of habitual residence or the right to sue in a court competent under binding EU or local rules.

• The operator notifies a change on a durable medium, normally by e-mail, and publishes its date and version. A business user receives at least 15 days, or longer where technical or commercial adjustments are needed. A legal duty or urgent unforeseen security risk is excepted.
• A material consumer change does not apply retrospectively or worsen a paid performance without express consent or lawful grounds. A user who disagrees may terminate before the change takes effect.
• Complaints may be sent to support@vistario.eu. A consumer may use alternative dispute resolution before the Czech Trade Inspection Authority at www.coi.cz. The former EU ODR platform is no longer operating.
• Users are responsible for local legal, tax, and reporting duties. The operator may collect and report data if its actual model falls under the DSA, P2B, DAC7, short-term-rental rules, or a binding authority order.
• Invalidity of one part does not affect the rest. Failure to enforce is not a waiver. A user needs consent to transfer the contract; the operator may transfer it with the business while preserving user rights. The Czech version controls, but a defective translation cannot be used against a consumer.