1. Provider details
Company name: Miklos Enterprises SRL. Registered office: Libertății Square 15, Gheorgheni, Harghita County, Romania. Registration number: J2025089808006. Tax ID: 52950542.
Email: welcome@miklos-enterprises.com. Website: www.guestella.com. Hereinafter: the Provider.
2. Subject of the contract
These Terms apply to the use of the software called Guestella. The purpose of this document is to define the conditions of registration and use of the services, as well as the rights and obligations of the User and the Provider.
The User must review these terms before placing an order or opening an account. The Provider reserves the right to amend the terms at any time. The version in force at the time of use shall always apply.
- calendar management module
- OTA system connectivity
- guest data management features
- statistics and reporting features
The service is available exclusively to companies and sole proprietors.
3. Formation of the contract
The contract may be concluded in one of the following ways:
- online registration and acceptance of the Terms
- signing an individual service agreement
- acceptance of an offer
Electronic acceptance of the Terms constitutes a legally binding declaration. The Terms enter into force from the moment of acceptance by the User and are generally concluded for an indefinite period. By ticking the acceptance checkbox, the User declares that they have read and accepted these Terms as binding.
4. Nature of the service (SaaS characteristics)
- The System operates in the cloud and is accessible via browser or dedicated interface.
- The Provider does not transfer source code and does not grant ownership rights over the software.
- The User is not entitled to reverse engineer, modify, resell, lease, or copy the software.
- The Provider reserves the right to develop and modify the system’s functionality.
5. Subscription and pricing
- The service operates on a subscription basis (monthly / yearly).
- Fees are defined on the website or in an individual offer. Prices are net prices and do not include VAT.
- The Provider may change prices with 30 days’ prior notice.
- Billing is electronic, and the User agrees to receive electronic invoices.
- Payment deadline: 7 days.
- In case of late payment, late interest may be charged, access may be restricted, and after 30 days the contract may be terminated with immediate effect.
The fee depends on the selected package.
6. Service level (SLA)
The Provider targets 90% annual availability, but does not guarantee continuous access to the System.
- pre-announced maintenance
- force majeure events
- failures of third-party systems
- internet connectivity issues
Maintenance is usually scheduled during nighttime hours. The Provider may notify Users in advance or publish information on the website. Technical requirements include supported browsers, SSL-capable browser, enabled JavaScript, and adequate screen resolution.
7. Data protection and processing
- The User acts as the data controller of guests’ personal data.
- The Provider acts as data processor based on the User’s instructions.
- The details of processing are governed by a separate Data Processing Agreement.
- The Provider applies appropriate technical and organizational measures to protect data.
- The Provider performs daily backups, but assumes no liability for damages arising from data loss.
- After termination, the User has 15 days to export data, after which data may be permanently deleted.
8. User obligations
The User is required to:
- process data lawfully
- provide adequate information to guests
- use secure passwords
- protect their own devices
- not use the system for unlawful purposes
The User is responsible for the content of uploaded data. Unauthorized access may constitute a criminal offence under Romanian law.
9. Customer support
Incident reports may be submitted by phone or email.
10. Integrations and third parties
The System may be integrated with external systems such as OTA platforms or websites.
- The Provider is not responsible for the functioning of third-party systems.
- The Provider is not responsible for how third parties process data.
- The Provider is not responsible for downtime of third-party systems.
11. Limitation of liability
- The Provider excludes liability for lost profit, business interruption, or claims by third parties.
- The Provider’s total liability is limited to the amount of the subscription fee paid for the current year.
- This limitation does not apply in cases of intentional damage.
- The Provider excludes liability for overbookings, synchronization delays, or errors arising from integration with external sales channels.
12. Confidentiality
The parties shall treat all business, technical, and financial information as confidential.
The confidentiality obligation remains in force for 3 years after termination of the contract.
13. Duration and termination
- For indefinite-term contracts, the notice period is 30 days.
- Fixed-term contracts may not be terminated by ordinary notice.
- Serious breach of contract may justify immediate termination.
14. Force majeure
The Provider is not liable for damages resulting from unavoidable events beyond its control, including war, natural disaster, or actions of public authorities.
15. Governing law and jurisdiction
This contract is governed by Romanian law, in particular:
- Civil Code
- law on electronic commerce
- GDPR
In the event of a dispute, the court having jurisdiction shall be the court at the Provider’s registered office.
16. Termination notice
- Ordinary termination: either party may terminate the contract in writing at least 30 days before the end of the next billing period.
- Extraordinary termination: in case of serious breach such as non-payment or unauthorized data access, with immediate effect.
17. Miscellaneous provisions
The Client agrees that the Provider may display the Client’s name and logo as a reference on its website, unless the Client objects in writing.