Best Guest Terms and Conditions for Accommodation Providers
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) govern the use of the Best Guest software service (hereinafter referred to as the “Service”) by accommodation providers (hosts), provided by Hotel Analytics s.r.o., Company ID: 06723756, VAT ID: CZ06723756, registered office at Krakovská 582/23, 110 00 Prague 1, entered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 287868/MSPH (hereinafter referred to as the “Provider”).
1.1a. These Terms apply exclusively to accommodation providers. Guests who fill in a registration (check-in) form or create their own Best Guest account are governed by separate Guest Terms and a Guest Privacy Policy.
1.2. By using or registering for the Service, you agree to these Terms. If you do not agree with them, do not use the Service.
1.3. These Terms are concluded in the Czech language; matters not stipulated by these Terms are governed by Czech law, in particular by the Civil Code.
1.4. The Service is intended exclusively for businesses. By registering for the Service, the User declares that they are an entrepreneur within the meaning of Section 420 et seq. of the Czech Civil Code, that they enter into the contract in the course of their business activity, and that they hold the appropriate trade or other license for providing accommodation services. Provisions on consumer contracts shall not apply to the contractual relationship.
1.5. These Terms are prepared in both Czech and English languages. In the event of any discrepancy between the versions, the Czech text shall be binding.
2. Description of the Service
2.1. Best Guest is a software tool for guest registration and management, primarily intended for fulfilling legal obligations related to the provision of accommodation and the collection of local taxes and fees.
2.2. The Service is provided online through the domains www.bestguest.cz and www.bestguestapp.com.
2.3. The Service is activated immediately upon completion of registration and the initial setup (onboarding); no further order-processing period applies.
2.4. The Service depends on third-party systems outside the Provider’s control, in particular the Ubyport system of the Immigration Police, payment gateway, and booking-channel calendars. The Provider does not guarantee uninterrupted availability of the Service; brief outages may occur due to maintenance (which will be announced where possible) or failures of third-party systems. Such outages are not considered a defect of the Service.
3. Registration and Contractual Relationship
3.1. To use the Service, a user account must be created. By registering and using your account, a contractual relationship is formed between the Provider and the user.
3.2. The contract is concluded in electronic form by completing and submitting the registration form. The contractual terms are included in these Terms.
3.3. The user is responsible for the completeness and accuracy of the information provided during registration and throughout the use of the Service.
3.4. The User must keep their login credentials confidential, must not share the account with unauthorized persons, and is responsible for all activities performed under their account. Any suspected compromise of the account must be reported to support@bestguest.cz without delay.
4. Pricing and Payments
4.1. The Service is charged according to the current price list published on the Provider’s website. The price may vary depending on the scope or functionalities.
4.2. The Provider offers three billing plans:
- Pay-per-form: price per each guest stay (registration form) recorded in the billing period, charged retrospectively.
- Monthly subscription: fixed price per listing (the smallest bookable accommodation unit) per month; unlimited guest registrations per listing.
- Annual subscription: fixed price per listing, paid once in advance for 12 months. All prices are stated without VAT in accordance with the current price list.
4.3. Payments are made cashless via the PayU S.A. payment gateway (see Section 4.10) or based on an issued invoice.
4.4. Monthly and annual subscriptions renew automatically for the same period unless the User cancels the plan in the account settings before the renewal date. A tier change (upgrade or downgrade) always takes effect at the end of the current billing period, or of the free trial if the change was made during the trial; until it takes effect, the User may revoke a scheduled change in the account settings. Switching from pay-per-form to a subscription takes effect from the first day of the following calendar month. Cancellation of a subscription takes effect at the end of the already-paid period; fees for the already-commenced (prepaid) period, or any part of it, are non-refundable. This does not affect refunds for justified complaints regarding service defects under Section 8.
4.5. The Provider reserves the right to change the price list. Changes will be announced to the User at least 30 days before their effective date by e-mail. If the User does not agree with the change, they may cancel the plan before the new prices take effect. Continued use of the Service after the new prices take effect is considered acceptance.
4.6. In the event of late payment exceeding 14 days, access to the Service may be temporarily limited or suspended. Suspension of the Service does not terminate the contract and does not relieve the User of their obligations toward public authorities. User data is retained during suspension.
4.7. New clients are entitled to a 14-day free trial period after completing registration and the initial setup (onboarding) of the Service. During the trial period, the Provider does not charge the client any fees for recorded guest stays (check-ins), including stays with a check-in date prior to the start of the trial period (e.g., in connection with migrating historical data from other systems). No subscription fees are charged during the trial period either. Only stays with a check-in date after the end of the trial period are charged.
4.8. Starting the trial period requires the client to have a valid payment method set up in the Service and to have agreed to these Terms. After the trial period ends, the Service is billed to the client according to the current price list for the selected plan, starting with the next billing cycle (billing takes place on the 15th of each month).
4.9. The trial period may be used only once per client. The Provider reserves the right to adjust, decline, or retroactively withdraw the trial period if it determines that the trial period has been abused (e.g., repeated registration of the same client in order to obtain the trial period again).
4.10. Card payments are processed by PayU S.A., with its registered office at ul. Grunwaldzka 186, 60-166 Poznań, Poland, entered in the Register of Entrepreneurs under KRS No. 0000274399, a payment institution supervised by the Polish Financial Supervision Authority (KNF) under permit No. IP1/2012 (hereinafter “PayU”). Card details are entered by the user directly into PayU’s secure form; the Provider has no access to this data and never stores it on its own servers.
4.11. By agreeing to these Terms and entering a payment card into the secure form, the user grants the Provider consent to recurring (automatic) debiting of the stored card for payment of the Service, on the date of the applicable billing cycle (see Section 4.8), in the amount corresponding to the current price list, or, for usage-based plans, in the amount corresponding to actual use of the Service during the billing period (the per-form price under the current price list multiplied by the number of forms created). This consent may be withdrawn at any time in the account settings; withdrawal takes effect for all future payments and is confirmed to the user by e-mail.
4.12. Where a payment was made by card, the Provider always refunds any amount due back to the same card via PayU. Refunds arise in particular in the case of an erroneous or duplicate charge, or a justified complaint regarding a defect in the Service under Section 8. Given the B2B nature of the Service, the user is not entitled to the consumer 14-day right of withdrawal; complaints are handled under Section 8 of these Terms.
4.13. The Provider may issue promotional codes (coupons) granting a discount on the first payment for a subscription plan or an extension of the free trial period. Unless stated otherwise for a specific code, each code: (a) may be limited in time and in the total number of redemptions, and becomes invalid once expired or once its redemption limit is reached; (b) may be used only once per client; (c) is non-transferable, has no cash value, and cannot be exchanged for money; (d) applies only to the plan types stated for that code - in particular, a first-payment discount code applies only to subscription plans and does not reduce usage-based (pay-per-form) pricing. The Provider reserves the right to withdraw or cancel a code, or to refuse or reverse its redemption, in the event of abuse (e.g., repeated registration of the same client to redeem a code multiple times). Section 4.9 applies accordingly to a trial period extended by such a code.
5. Rights and Obligations
5.1. The User bears sole responsibility for the accuracy, completeness, truthfulness, and timeliness of all information entered into the Service — both their own data and data about their guests. Where guest data is filled in by the guests themselves (e.g., via online check-in forms), the User is obligated to verify its accuracy and completeness against the guest’s identity documents. The Provider does not verify guest data in any way.
5.2. The Service is a technical tool that facilitates the fulfillment of legal obligations, but the legal obligations themselves — in particular reporting the accommodation of foreigners to the Immigration Police (Act No. 326/1999 Coll.), keeping the house register (domovní kniha), collecting and paying local fees (Act No. 565/1990 Coll.), and tax obligations — rest solely with the User. The Provider is not liable for any fine, penalty, or other sanction imposed on the User by public authorities, particularly where caused by inaccurate, incomplete, or late data entered by the User or their guests, by the User’s failure to submit or verify a report, or by the unavailability of third-party systems (e.g., Ubyport).
5.3. As the controller of their guests’ data, the User is obligated to inform guests about the processing of their personal data (Articles 13/14 of the GDPR). The Provider provides guests with information about the processing of their data directly in the guest application and in the Guest Privacy Policy, as a courtesy and for transparency; this does not relieve the User of their own obligation as controller.
5.4. The Provider grants the User a non-exclusive, non-transferable license to use the Service for the duration of the contract for the purpose of managing the User’s own accommodation. All intellectual property rights to the Service remain the property of the Provider.
5.5. The Provider is responsible for the technical availability of the Service, system management, and the protection of processed data in accordance with applicable legislation.
5.6. The user undertakes not to misuse the Service for illegal purposes, to interfere with the Service’s operation, or to access or modify its source code.
6. Data Protection
6.1. The processing of the User’s (host’s) personal data is governed by a separate document, the Host Privacy Policy. The processing of the User’s guests’ personal data is described in the Guest Privacy Policy and in Annex 1 below.
6.2. The user is the data controller with respect to their guests’ data; the Provider acts as a data processor pursuant to Article 28 GDPR.
6.3. The terms of the data processing agreement for the processing of guest personal data by the Provider as a processor are set out in the Data Processing Agreement forming Annex 1 to these Terms, which is an integral part hereof.
7. Termination of the Contract
7.1. The user may terminate the contract at any time by deleting their account in the Service. Termination of the contract does not relieve the User of the obligation to pay fees for Services already provided. For subscriptions, fees for the already-commenced (prepaid) period remain non-refundable.
7.2. The Provider may terminate the contract with 14 days’ notice in the event of serious or repeated breach of the Terms by the User or in case of payment delay exceeding 30 days. The Provider may terminate the contract immediately if the User’s conduct threatens the operation or security of the Service.
7.3. After termination of the contract, the Provider retains necessary data for the period required by law, particularly to fulfill obligations under special legislation.
7.4. Before deleting their account, the User may export their data from the Service. After termination of the contract, the Provider will delete or anonymize the User’s personal data, except for data it is required to retain by law, in accordance with the Host Privacy Policy and Annex 1.
7.5. Account deletion is available as a self-service action directly in the Service, under Settings → Security in the administration application. For security reasons, the request must be confirmed by verifying the User’s identity (account password, or a one-time code sent to the registered e-mail address). Upon confirmation, the account is immediately deactivated and signed out of all devices, and a 30-day grace period begins. During the grace period the User may restore the account at any time simply by signing back in and confirming the restoration; the Provider will send reminder e-mails before the grace period expires. If the User is the sole owner of a workspace, confirming the deletion also cancels any active subscription of that workspace, and the workspace will be closed at the end of the grace period; deletion cannot be confirmed while invoices remain unpaid. After the grace period expires, the account and personal data are permanently and irreversibly deleted or anonymized in accordance with clauses 7.3 and 7.4, the Host Privacy Policy, and Annex 1.
8. Complaints and Liability
8.1. Any defects in the Service may be reported by the user via e-mail to support@bestguest.cz or by phone at +420 705 943 742. Complaints will be handled without undue delay. Detailed conditions for handling complaints are governed by the Complaints Policy published on the Service website.
8.2. The Provider is not liable for damages resulting from incorrect use of the Service, violations of legal regulations by the User, or for indirect or consequential damages, in particular lost profit, lost data, or sanctions imposed on the User by public authorities (Section 5). The Provider’s total liability for any damage caused to the User in connection with the Service is limited to the amount corresponding to the fees paid by the User for the Service during the 12 months preceding the damage event. This limitation does not apply in cases where it is not permitted by law (in particular for damages caused intentionally or through gross negligence, or damage to natural human rights).
8.3. The User shall indemnify and hold the Provider harmless against any third-party or public authority claims arising from data the User processed through the Service or from the User’s breach of law or these Terms.
9. Final Provisions
9.1. These Terms are governed by the laws of the Czech Republic; any disputes will be resolved by the court having subject-matter and local jurisdiction in accordance with the Provider’s registered office.
9.2. The Provider reserves the right to amend the Terms unilaterally. The user will be notified of any changes at least 14 days in advance by e-mail or another appropriate method. If the User does not agree with the change, they may terminate the contract before the change takes effect. Continued use of the Service after the change takes effect is considered acceptance.
9.3. The current version of these Terms is always available at www.bestguest.cz/host-terms.
9.4. If any provision of these Terms is invalid or unenforceable, it shall not affect the validity of the remaining provisions. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that has substantially the same meaning and effect as the original provision.
9.5. Legal notices to the User are delivered to their registered e-mail address and are deemed delivered on the day of sending.
Effective as of [EFFECTIVE_DATE].
Annex 1: Data Processing Agreement
This agreement is concluded between the User of the Best Guest Service (hereinafter “Controller”) and Hotel Analytics s.r.o. (hereinafter “Processor”) and is an integral part of the Host Terms and Conditions. It applies to all cases where the Processor processes personal data of the Controller’s guests as a processor pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
A1.1. Subject Matter and Purpose of Processing
The Processor processes the Controller’s guests’ personal data to the extent necessary to operate the Service, in particular for: (a) guest registration and information management, (b) maintaining the house register for Immigration Police control purposes, (c) maintaining the record book for local tax purposes, (d) reporting guest accommodation in accordance with Act No. 326/1999 Coll., (e) calculating local fees in accordance with Act No. 565/1990 Coll. Processing lasts for the duration of the contract between the Controller and the Provider.
A1.2. Categories of Data and Data Subjects
Data categories processed: identification data (name, surname, date of birth, nationality), addresses, travel documents (passports, ID cards, visas), accommodation data (arrival and departure date/time), contact data (email, phone).
Data subjects: the Controller’s guests.
A1.3. Documented Instructions
The Processor processes data only on the basis of documented instructions from the Controller. These instructions include: (a) these Terms and Conditions and this Data Processing Agreement, (b) the functionality of the Service and its specific configuration for the Controller, (c) individual instructions sent by the Controller to support@bestguest.cz. The Processor informs the Controller if it believes an instruction violates the GDPR.
A1.4. Confidentiality
Persons authorized to process data are bound by confidentiality obligations. Access is limited to persons whose job function or contractual relationship requires working with such data.
A1.5. Security (Article 32 GDPR)
The Processor implements appropriate technical and organizational measures to ensure data security, including: (a) encryption in transit (HTTPS), (b) encryption at rest, (c) access control and authentication, (d) backups. Further details on security measures are available on the “Security & Trust Center” page on the Service website.
A1.6. Sub-processors (Processors)
The Controller grants general authorization for the engagement of sub-processors. Current sub-processors are: (a) Contabo GmbH, Aschauer Straße 32a, 81549 Munich, Germany — hosting and data storage; (b) Sinch Mailgun — transactional e-mail delivery. The Processor informs the Controller of changes to sub-processors at least 14 days in advance by e-mail. The Controller may object; if not resolved, the Controller may terminate the contract. All sub-processors are bound by a contract pursuant to Article 28(4) GDPR. Data is stored only within the EU.
A1.7. Assistance with Data Subject Rights
The Processor assists the Controller in fulfilling obligations to data subjects under Articles 12–23 of the GDPR (right of access, correction, erasure, etc.). The Controller sends requests to support@bestguest.cz, and the Processor responds without undue delay.
A1.8. Assistance with Security and Breach Notification
The Processor: (a) assists the Controller with obligations under Articles 32–36 of the GDPR (security, breach notification, DPIA), (b) notifies the Controller without undue delay of a personal data breach after becoming aware of it, (c) provides information necessary to demonstrate Article 28 compliance.
A1.9. Audit and Inspection
The Processor: (a) provides information necessary to demonstrate Article 28 compliance, (b) permits audits by the Controller or its authorized representative upon reasonable prior notice, (c) audits are conducted at the Controller’s expense, at most once per year unless a breach has occurred. Audit results are provided to the Controller without undue delay.
A1.10. Deletion and Return of Data
Upon termination of the contract, the Processor: (a) returns or deletes all guests’ personal data at the Controller’s choice, (b) deletes existing copies unless required otherwise by law, (c) retains data only to the extent necessary to fulfill legal obligations under Section 5 of these Terms (in particular Act No. 326/1999 Coll. and Article 5 GDPR).
A1.11. Governing Law and Conflict
This Data Processing Agreement is governed by Czech law. In case of conflict between this Data Processing Agreement and the remainder of these Terms regarding the processing of guests’ personal data, this Data Processing Agreement shall take precedence.
A1.12. Effectiveness
This Data Processing Agreement comes into force on the date the User accepts these Terms and Conditions and remains in effect for the duration of the contract between the Controller and the Provider.