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    Terms and conditions

    For hotels, attractions and other partners who order a paid or an agreed free listing. Version 1.7, effective from 5 November 2026.

    1. Provider, partner and scope of these terms

    1.1. The services are provided and the Tobogana portal is operated by MEDIBEARS s. r. o., registered office at J. Bendíka 738/6, 971 01 Prievidza, Slovakia, company ID (IČO): 56 818 301, tax ID (DIČ): 2122462584, VAT ID (IČ DPH): SK2122462584, registered in the Commercial Register of the District Court Trenčín (Okresný súd Trenčín, Slovak Republic), section Sro, file No. 55562/R (“Tobogana”). Contact e-mail for orders and complaints: data@tobogana.com. Illegal content can be reported to the same e-mail address or with the ‘Report an error in the details’ button on the page of a hotel or attraction.

    1.2. A business partner is a trader who orders Tobogana services in connection with their business activity (the “Partner” or “you”). These terms govern, between traders, the paid services and the services expressly marked as free in the offer; they do not govern the use of the portal by visitors or contracts for stays, admission or other services provided to visitors.

    1.3. An establishment means in particular a hotel, guest house, apartment, other accommodation, attraction, day-out destination, business or provider of services for families whose presentation is the subject of the order. One presentation covers one establishment unless the offer states otherwise.

    1.4. You must be entitled to present the establishment and to supply its materials. The person acting on your behalf must be authorised to conclude the contract. An agency or other representative states whether it acts in its own name or in the name of the represented trader. The contracting partner, the promoted trader and any different payer of the advertising must be identified before the contract is concluded.

    1.5. The contract consists of the accepted offer, including the service specification, and these terms in the version made available. An expressly agreed individual deviation takes precedence over the general wording; it does not affect mandatory rules of law. Your own terms apply only if Tobogana expressly accepts them.

    2. Subject and limits of the service

    2.1. Tobogana provides advertising space, highlighting or an extended presentation of the establishment on the language versions of the Tobogana portal (on the day of the order tobogana.sk, tobogana.cz, tobogana.pl, tobogana.hu and tobogana.com) to the agreed extent. The Family profile and the Family profile Plus apply on all language versions of the portal on which the establishment is shown. Other formats apply on the domain, in the country, in the region or at the attraction stated in the offer. The order does not include social networks, the newsletter, paid advertising outside the portal or partner distribution channels.

    2.2. The outcome of the service is the proper provision of the ordered presentation or capacity, not the achievement of a particular business result. A minimum number of impressions, clicks, enquiries or bookings is binding only if the offer expressly marks it as guaranteed and both the method of measurement and the remedy for non-fulfilment are agreed.

    2.3. In the services under these terms, Tobogana does not itself provide accommodation or operate an attraction, does not accept payments for these services and is not a party to the contract between the visitor and the operator of the establishment. A booking or contact link leads to you or to a provider you designate. This does not exclude the statutory liability of Tobogana for its own conduct and content.

    2.4. A paid presentation is not a certificate of the quality or safety of the establishment. It does not include obtaining a positive review, changing a rating, suppressing legitimate criticism or the right to use a verification mark without meeting its published rules.

    2.5. The free basic listing and independent editorial content are separate from the paid service. The end of a paid service gives no right to the deletion of lawfully published reviews or editorial information. Further use of materials supplied solely for a paid campaign is governed by Article 8.

    2.6. Tobogana does not bind you to price parity or to selling your services exclusively through the portal. Advertising exclusivity applies only to the specific space, territory and period expressly stated in the offer. Additional consumer services and affiliate distribution are not part of the order unless the offer specifically states them.

    3. Formats and specification of the presentation

    3.1. The offer is the e-mail under point 4.3 with the specification of the ordered services. The offer identifies the establishment, the format, where applicable the attraction, the period, the price of each service and the currency; regional formats apply to the region of the establishment. Placement, domains, rotation and exclusivity rules and the scope of statistics for standard formats are set by Articles 2, 3, 9 and 10; the offer states only deviations from them and each express guarantee.

    3.2. ‘Tip of the week in the region’ is a time-limited presentation with a genuine offer for families. The offer sets the region and the exact period. Unless the offer states otherwise, there is one Partner for the same tip, domain, region and period. The Tip of the week is a paid service for one calendar week from Monday to Sunday; Tobogana checks the text of the offer before publication under Article 6. Tobogana may fill a week that no Partner orders with an editorial tip labelled ‘Editor’s tip’; an editorial tip is not a paid service and gives no entitlement. ‘Tip of the month’ is the presentation of one establishment for a calendar month on the home page of the domain of its country and above the region listings of that country in which the establishment appears.

    3.3. ‘Featured in region’ is a block of no more than three paid presentations, not a ranking of the three best establishments. Unless the offer states otherwise, no more than three active places are sold for the same block and period. The order within the block is set under point 9.5; a purchase does not guarantee first place or an exact share of clicks.

    3.4. ‘Hotel near the attraction’ or ‘Accommodation near the attraction’ is a placement next to a specific attraction or group of attractions stated in the offer. The mere proximity of presentations does not mean a business partnership, a joint offer or an endorsement by the operator of the attraction.

    3.5. ‘Region banner’ is an advertising space in the agreed region, size, period and display mode. The offer must state whether the display is exclusive or rotating; for rotation, also its extent and how capacity is shared.

    3.6. ‘Family profile’ is a yearly extended presentation of the establishment to the extent stated in the offer, in particular photos beyond the three photos of the free listing, family offers with a ‘from’ price, an overview of statistics, a comparison with neighbouring establishments, and widgets and a family page to embed on the establishment’s website. After the Family profile ends, embedded widgets show only the establishment’s name and a link to its profile. The establishment may publish the conditions of equipment items (in particular age limits, dates, opening hours, surcharges, supervision and restrictions) and answers to parents’ questions without a paid presentation; they are shown regardless of payment and are not part of the Family profile. An establishment with a Family profile appears in listings above establishments without a paid presentation and is labelled as an ad. ‘Family profile Plus’ includes the scope of the Family profile and appears in listings above establishments with a Family profile. In a search near an attraction, the preferred placement applies only within the same travel-time group. It does not apply when sorting by travel time from home. The order is governed by point 9.5.

    3.7. Other formats and packages may be agreed individually. The scope of performance cannot later be unilaterally narrowed or replaced with another region, domain or format. Reasonable adjustments of sizes and layout for mobile devices are permitted as long as they keep the agreed function and visibility.

    3.8. Periods are determined in the Europe/Bratislava time zone. The offer states the start and end of each service. A yearly service lasts 12 consecutive months. A service whose period runs from its start (yearly service, Featured in region season, Featured deal for 30 days) starts on the day the order is confirmed under point 4.4, if that day is later than the start stated in the offer, and lasts the whole ordered period. If the shifted period would overlap capacity already held or paid for by another Partner, or by the same Partner for the following period, the original period remains, and you are entitled to a remedy under point 12.3 for the whole part of that period not provided before confirmation. A service tied to a calendar week or month (Tip of the week, Tip of the month, Region banner) runs in the ordered period; there is no entitlement to compensation for days before the payment is credited, and days from the payment being credited until confirmation are handled under point 12.3.

    3.9. The ‘Holiday deals’ add-on is a yearly add-on for one establishment that you order through a personal link with an offer or in the hotel account; it does not require a Family profile. You publish the offers in the hotel account, which you obtain by claiming the profile. With the add-on you publish no more than ten offers at a time in the Holiday deals section on the domain of the establishment’s country; these offers are also shown on the establishment’s profile. With the add-on you may have no more than twenty offers saved whose stay period has not ended, including paused offers; with a Family profile only, no more than five. The section is for stays with accommodation and a set period, with a discount or a programme for children; events without accommodation do not belong in it. Each offer in the section is labelled as an ad. A link to the section is shown in the menu and footer of the website, and indexing of the section is allowed, only once at least ten available offers from at least five establishments are published in the country. Until then the section is available through a direct link.

    3.10. ‘Featured deal’ is the placement of one of your offers at the top of the Holiday deals section and at the top of the results when filtering by the establishment’s region for 30 days, labelled ‘Featured deal · Ad’. There are no more than two Featured deals in one region and period. It can be ordered only with the Holiday deals add-on, including one already ordered. The highlighting is shown only while the add-on is valid. A Featured deal is a paid placement. The order is governed by point 9.9.

    4. Order, hold and conclusion of the contract

    4.1. You order through the order form in the hotel account or through a personal link with an offer. You may order several services in one order; each service is held, confirmed, changed and cancelled separately. Before sending the order you see, for each service, the period, the price excluding VAT and the total amount, you can correct the details, and you confirm your agreement to these terms. Sending the order is a request for an offer; it does not oblige you to pay. Filling in the questionnaire about the establishment is not in itself an order for a paid service. If the order cannot be sent through the form, Tobogana, on a request sent by e-mail, sends an offer by e-mail containing the particulars under point 4.3; points 4.4 to 4.6 then apply. The procedure under points 4.2 and 4.3 applies to paid services. A free service awaits editorial assessment with no payment deadline; the contract is formed under the last sentence of point 4.4.

    4.2. When the order is sent, the system automatically checks the availability and conditions of the format. It rejects an unavailable service immediately; when several services are ordered, it holds all of them or none. It holds an available service for seven calendar days from sending the order; during the hold the service cannot be sold to another Partner. You may have no more than six services on hold at a time. The automatic check does not assess your entitlement or the content of the presentation; Tobogana reviews these under point 4.5.

    4.3. After the order is sent, Tobogana sends an automatic e-mail confirming receipt of the order to the e-mail address stated in the order. This e-mail is the offer of Tobogana to conclude the contract. It states the establishment, each ordered service with its period and price excluding VAT, any discount, the total amount, the date and time the hold ends and a link to these terms with their version; you can save the e-mail and the terms. Tobogana then sends an advance invoice for the amount of the ordered services. If the details in the e-mail differ from the order, you notify this before payment.

    4.4. The contract for the ordered services is formed when the full amount of the advance invoice is credited to the designated Tobogana account before the hold ends. By paying, you accept the offer and the stated version of the terms. After the payment is credited, Tobogana confirms the order by e-mail, as a rule within two working days; the confirmation is not a further condition for the contract to be formed. The day of confirmation for the purposes of point 3.8 is the day Tobogana confirms the order after the payment is credited; the confirmation e-mail states the resulting start and end of each service. The service is shown only after confirmation, no earlier than its start and once the publication conditions under Article 6 are met. If Tobogana expressly agrees a free service with you, the contract for it is formed when the confirmation from Tobogana is delivered to you.

    4.5. Tobogana may reject the order within two working days of it being sent, in particular where you lack entitlement, the content is illegal or clearly untrue, there is a demonstrable conflict with the published family focus of the portal, or there is a system error in checking availability or price. Tobogana expressly reserves the right, on these grounds, to withdraw the offer before the contract is concluded or to withdraw from the contract after it is concluded. It sends the notice stating the reason by e-mail; the notice takes effect on delivery to you and must reach you within the period under the first sentence. Tobogana refunds any payment received in full within 14 days of the rejection, and if the payment arrives later, within 14 days of its receipt. No cancellation fee applies.

    4.6. If the full amount is not credited before the hold ends, the hold and the offer lapse automatically without a cancellation fee and the service is released. A late, partial or incorrectly identified payment does not in itself give entitlement to the original service or period. A late full payment is treated as your new proposal to conclude the contract on the original terms, including the start rule under point 3.8. Tobogana may accept it by e-mail confirmation after checking availability; the contract is formed when this confirmation is delivered to you. Otherwise Tobogana asks for clarification or offers another period; if the parties do not agree, it refunds the funds received no later than 14 days after their receipt.

    4.7. Tobogana keeps a record of the order, including the time it was sent and of your agreement to the terms, of the sending of the e-mail confirming receipt of the order and of the confirmation, as well as the wording of each version of the terms. After the contract is concluded, its scope can be changed only by agreement or by a procedure expressly stated in these terms.

    5. Price, advance payment and duration

    5.1. The price is fixed in the currency stated in the offer: EUR, CZK, PLN or HUF. The offer states the price excluding VAT and the currency; the advance invoice states the applicable VAT treatment and the total amount payable before the offer is accepted. VAT is charged only to the extent that follows from the actual tax status of the supplier, the customer and the nature of the supply.

    5.2. For cross-border services, the place of supply and any reverse charge are determined under the applicable regulations. You provide correct details of your registered office, the establishment receiving the service and your VAT registration, and notify changes to them without delay. The choice of language, domain or currency does not in itself determine the VAT treatment.

    5.3. Unless the offer states otherwise, 100 % of the price is payable in advance. The advance invoice is a request for payment, not a tax document. Tobogana issues a document for the payment received, a final invoice and any corrective document to the extent and within the periods required by law. You agree to receive invoices electronically.

    5.4. The founding partner benefit of 50 % is given only if it is expressly stated in the offer. It applies to your first order of the relevant format for a specific establishment placed by the date stated in the offer; for a yearly service, only for the first 12 months. It cannot be combined with other discounts unless the offer states otherwise.

    5.5. A discount does not give entitlement to the same price in the next period. A price already agreed cannot be increased retrospectively merely because the price list or the traffic of the portal changed later.

    5.6. A fixed-term service does not renew automatically. Tobogana may send an offer to continue, as a rule at least 30 days before the end of a yearly service. A new period arises only through a new order and its payment under Article 4; failure to send a reminder does not extend the original contract.

    6. Delivery, review and approval of content

    6.1. You supply the materials needed for a standard format with the order or make them available in the hotel account; for separately agreed campaign creation, you supply them within the period stated in the offer. The materials must meet the agreed technical parameters and allow a truthful presentation of the specific establishment.

    6.2. You are responsible for the accuracy, currency and lawfulness of the details you supply or approve, in particular on prices, availability, family equipment, age and height restrictions, seasonality and safety conditions. You may not justify untrue details as marketing shorthand.

    6.3. Tobogana may proofread and make technical adjustments without changing the meaning. Substantial changes to prices, offer conditions, equipment or claims about the establishment require your approval. If Tobogana prepares new advertising copy or a translation that changes wording, it submits it to you for approval; your silence does not in itself mean approval of new factual claims.

    6.4. You provide comments or approval within two working days of delivery of the preview, unless agreed otherwise. The number of included creative revisions and the price of extra work must be stated in the offer; additional paid work requires your prior consent.

    6.5. If materials are missing or unusable, Tobogana notifies you and gives a reasonable additional period, as a rule at least two working days. If an approaching date objectively does not allow this, it informs you of the specific consequence. Your delay does not automatically move the end of the reserved campaign.

    6.6. If the campaign cannot start because you have not cooperated, the parties may agree a replacement date. Without agreement, after the additional period has passed without result, Tobogana cancels the part that cannot be carried out and settles it under Article 11; this does not extend the claim beyond the price of the order concerned. Tobogana may not report a presentation that did not take place as actually shown.

    6.7. A review by Tobogana is not a full legal audit of your materials and does not release you from your obligations. Tobogana is, however, liable for its own interventions and decisions to the extent provided by law; it may not knowingly publish an untrue or illegal presentation.

    7. Offers for families and obligations towards visitors

    7.1. An offer must clearly state the provider of the service, the content of the package or benefit, the price or how it is calculated, the number of people and the relevant age of children, the length of the stay or admission, how to book and any material restrictions. The price information must allow the visitor to find out the mandatory surcharges and fees, including how they are calculated if they cannot be determined in advance.

    7.2. The period for using the offer must be distinguished from the period of the stay or visit. Restrictions to selected days, capacity, room category, a minimum number of nights or a specific booking channel may not be hidden. The label ‘from’ may be used only for an offer that is genuinely available on the stated conditions.

    7.3. You ensure that the advertised benefit is genuinely available during the agreed period and to the stated extent. You notify the operator of Tobogana of an offer that cannot be honoured, exhausted capacity or a material change without delay, no later than 24 hours after finding out; in the case of a safety risk, immediately.

    7.4. Tobogana reasonably labels, corrects or temporarily hides an outdated or reasonably disputed offer and proceeds under Article 13. You provide the materials needed for verification. Correcting an advertisement does not in itself change visitors’ contracts already concluded or their statutory rights.

    7.5. Bookings, payments for the stay or admission, provision of services, complaints and cancellations by visitors are handled by their actual contractual supplier. Direct contact details and the supplier’s relevant terms must be available to the visitor before their contract is concluded.

    7.6. You publish offers on the profile and in the Holiday deals section yourself in the hotel account, without prior editorial review by Tobogana. You are responsible for the accuracy, completeness and currency of the offer. The ‘from’ price includes all mandatory taxes and fees that can be determined in advance for the stated number of adults, the number and age of children, the number of nights and the stated conditions of the stay. For fees that cannot reasonably be calculated in advance, you state their type and how they are calculated. Tobogana checks the offer automatically when it is saved (required details, valid dates, a price above zero, text without links and e-mail addresses, a link only to the domain of the establishment’s website) and may hide it under point 7.4 and Article 13; you see the reason for hiding it in the hotel account.

    7.7. A discount badge is shown only if a regular price higher than the ‘from’ price and discount conditions of at least 10 characters are stated. The regular price is the actual, verifiable price of the hotel without the stated discount for the same dates, room, board, number of nights, family composition including the age of children, and booking conditions. A percentage in the headline requires the regular price to be stated. For an ‘up to’ discount, you switch on the relevant option and add a note with the dates or rooms for which the highest stated discount actually applies. You provide evidence of the regular price on request, for example a price list or a link to your website.

    7.8. You mark an offer as sold out in the hotel account without undue delay, no later than 24 hours after finding out. You confirm the validity of each offer in the hotel account at least once every 30 days; an unconfirmed offer is paused automatically. An offer stops being shown after the end of the stay period or after the date by which a booking must be made.

    8.1. You declare that you hold the rights and permissions needed to use the supplied texts, photos, videos, logos and other materials for the agreed advertising purpose. Being able to download a photo, or its earlier publication on another website, is not sufficient in itself.

    8.2. You grant the operator of Tobogana a non-exclusive licence, without further fee, to reproduce, store, technically adapt and make the materials available to the public to the extent needed to fulfil the order. The licence is limited to the purpose and period of the campaign and to the ordered channels; it takes into account the worldwide accessibility of the internet. Technical adjustments include reasonable cropping, resizing and compression, but not a misleading change of content.

    8.3. Tobogana may allow its contractual suppliers the technical use of the materials necessary to carry out the campaign. Use in other advertising, in a public case study, on social networks or in the newsletter requires a separate agreement or express inclusion in the order.

    8.4. Where people are recognisable, you secure the relevant permissions to use their likeness and the lawfulness of processing personal data for the specific advertising use on Tobogana. For children, you must hold demonstrable permission from a person entitled to act for the child to the necessary extent. Editorial approval alone does not replace consent or any other necessary legal basis.

    8.5. Tobogana may request reasonable proof of permissions, preferably without unnecessary personal data, or ask for a different photo. It does not publish materials that interfere with the dignity, privacy or safety of children. In case of reasonable doubt, it may suspend the use of a material until the matter is clarified.

    8.6. When the campaign ends, active advertising use of materials supplied solely for that campaign ends. Their further use in the free profile requires a separate legal basis or licence. Necessary internal retention for accounting, the defence of rights and technical backups is permitted to the extent provided by law; it gives no right to continue public advertising.

    8.7. Rights to editorial texts, design and graphic outputs created by Tobogana remain with the operator of Tobogana or the relevant rights holders. A licence for you to use them outside the portal must be agreed separately. Neither party may create the impression of an endorsement or certification by the other party beyond the cooperation actually agreed.

    9. Labelling of advertising, ranking and ratings

    9.1. A paid placement is visibly labelled ‘Ad’ or ‘Ad · Paid presentation’ in the presentation. For the Tip of the week, ‘Tip of the week · Ad’ may be used. The label may not be hidden only in the terms, the footer or behind an unclear symbol.

    9.2. You provide the correct identity of the trader on whose behalf the advertisement is shown and of the person financing it, if they are different. Tobogana makes these details available together with an explanation of the relevant targeting or placement. You cannot ask for the statutory advertising label to be removed.

    9.3. Payment may affect the placement in the reserved advertising space and the scope of the profile; it does not change the factual accuracy of the details, the family score, the content of the checklist or the outcome of an independent verification or review. Paid places are distinguished from the unpaid ranking.

    9.4. A paid place is shown in a filtered listing only if the establishment meets the selected conditions. When the user selects a sort order, for example by distance, a paid presentation may not, without a clear distinction, pretend to be first by that very criterion.

    9.5. The main parameters of the default unpaid ranking and their relative importance are: (1) the establishment’s score for the children’s age entered by the visitor, and for several children the lowest of their scores; (2) in a search near an attraction, first the group by travel time by car from the attraction (up to 20 minutes, over 20 to 30 minutes, over 30 to 45 minutes, over 45 to 60 minutes and over 60 minutes) and the score within the group; (3) items the visitor marked as ‘Nice to have’ move the establishment higher; (4) in a tie or without a score, the number of known details from the checklist; (5) alphabetically by name. ‘Must have’ filters leave out establishments without a confirmed item. Paid presentations are shown above the unpaid ranking in this order: Featured in region on the region page, or Hotel near the attraction in a search near that attraction, then Family profile Plus, then Family profile; within the same format the unpaid ranking decides. In a search near an attraction, a paid presentation moves up only within its travel-time group. If the visitor chooses to sort by travel time from home, paid presentations do not move up. Details, the effect of paid formats and of user filters are set out on the ‘How we rate’ page (/how-we-rate), which forms part of these terms and is available directly from the search results.

    9.6. The labels ‘verified’, ‘Checked by mums’ or similar marks are used only under the methodology published on the ‘How we rate’ page. You cannot buy such a label merely by paying for advertising. User reviews are obtained, verified and moderated under the rules published on the ‘How we rate’ page.

    9.7. You may point out a review that is untrue, illegal or contrary to the rules. You are not entitled to have a review removed merely because it is negative or because you ordered a paid presentation.

    9.8. Tobogana does not operate any presented establishment and does not treat establishments of persons linked to it by personnel or ownership differently in ranking, price, access to data or features.

    9.9. Ranking in the Holiday deals section: Featured deals are at the top in the order in which their orders were confirmed, followed by the other offers by the establishment’s score for the children’s age entered by the visitor (for several children, the lowest of their scores; with no age entered, the average of the age band scores), and in a tie or without a score by the nearest stay date. If the visitor chooses to sort by nearest date, the other offers are sorted by date only. Neither the Family profile nor the Family profile Plus changes the ranking in the section. Payment does not change the score.

    10. Statistics and access to data

    10.1. Tobogana provides you with the available aggregated statistics of your campaign in the account or by e-mail on request. The offer states the scope of measurement. Tobogana handles a request for a report as a rule within ten working days; a report may be requested during the campaign and up to 90 days after it ends.

    10.2. The measurement methodology distinguishes the loading of the presentation, its measurable impression, a click to an external website and a click on a phone contact. A click on a phone contact is not proof that a call took place; a click on a booking link is not a confirmed booking. Tobogana reports only metrics it actually measures and explains their meaning in the report.

    10.3. Results may be affected by privacy settings, blocking of measurement, technical deviations and filtering of invalid traffic. Estimated figures are marked as estimates. You may dispute discrepancies; Tobogana data is not agreed to be the only admissible evidence.

    10.4. Tobogana has access to data from the order, the materials supplied, communications and data on the operation of the presentations. You have access to your own materials, orders and the agreed aggregated results; you do not have access to visitors’ personal data, competitors’ internal data or the source code.

    10.5. Data is made available to the extent necessary to contractual technical, accounting and analytics suppliers in order to provide the service. Other uses, categories of recipients and statutory retention periods are described in the privacy policy. Your data and identifiable visitor data are not provided to other Partners for their own marketing.

    10.6. For 90 days after the service ends, you may request a copy of the materials you supplied and the available aggregated report. Access may then be ended; this does not affect the statutory retention of documents, evidence and legitimate editorial content. Tobogana does not grant you any further right to use internal data merely because it keeps that data.

    10.7. Inserting your own measurement script or remarketing pixel, or collecting visitor contacts for you, is not part of the standard service. It requires prior agreement and a separate arrangement for data protection and consents.

    11. Change of dates, cancellation and early termination

    11.1. Before payment, the order can be cancelled free of charge by notice to the Tobogana contact e-mail; an unpaid order lapses when the hold expires. You cancel or change a service already paid for by verifiable notice to the Tobogana contact e-mail.

    11.2. No later than 14 calendar days before the start, you may once, free of charge, request a move to a free date within the following three months. The move applies only once Tobogana confirms it. You must approve any price difference in advance. If no suitable date is available, the original order applies, or the cancellation fee according to the time the request is delivered.

    11.3. On cancellation before the start, the cancellation fee is calculated from the agreed price, after discount, of the advertising capacity being cancelled, excluding separately priced creative work, as follows:

    11.4. What counts is the time the notice is delivered and the agreed campaign start; a day is counted as 24 hours. After a later move, the cancellation band that would have applied under the original date does not improve for a subsequent cancellation. Expressly agreed more favourable terms take precedence. The start of the service is determined under point 3.8; a shift on confirmation is not a move at your request under point 11.2.

    11.5. Separately ordered creative work already carried out is paid for to the extent shown, up to the agreed price of that item. The same item cannot be charged both as a fully delivered service and as a cancellation fee. Tobogana reduces the cancellation fee by costs saved and by the revenue from a replacement sale of identical capacity, up to the amount of the cancellation fee; the total settlement does not exceed the agreed price of the cancelled order.

    11.6. After a time-limited campaign has started, if you stop it voluntarily, the price of the capacity used is not refunded; for the remainder of the campaign, a 100 % cancellation fee applies with the adjustments under point 11.5. For a yearly service agreed for a fixed period, a change of mind on your part does not on its own give a right to a pro rata refund of the prepayment. You may ask for the presentation to be hidden earlier; this does not in itself change the financial settlement.

    11.7. The cancellation fee for voluntary cancellation does not apply to justified termination for breach of obligations by Tobogana, to failure by Tobogana to provide the agreed service, or where you exercise a statutory right that cannot be waived. Voluntary cancellation may not be confused with a remedy for defective performance.

    11.8. Tobogana refunds the amount resulting from the settlement within 14 days of cancellation or of the claim arising, in the original currency and as a rule to the account from which the payment came. A later reduction of the cancellation fee thanks to a replacement sale is settled within 14 days of receipt of the relevant replacement payment. Tax treatment follows the nature of the specific supply.

    12. Service defects, outages and remedies

    12.1. You report a problem you have found without undue delay and attach the available evidence, for example the page address, the time and a screenshot. Late notice does not in itself cancel statutory rights; the assessment takes into account whether further consequences could have been prevented in time.

    12.2. If the presentation is demonstrably unavailable or is not provided in the agreed placement for a reason on the side of Tobogana, you are entitled to a reasonable remedy for the whole time and extent affected. Shorter proven outages are added together. Neither planned maintenance nor the use of external hosting in itself excludes the right to a remedy for capacity not provided.

    12.3. You may choose an extension or a replacement display in a comparable period and placement, where possible, or a pro rata refund of the price of the part not provided. Replacement performance is provided within 60 days at the latest, unless the parties agree otherwise. For a time-sensitive offer, you do not have to accept a replacement outside its relevant period.

    12.4. The pro rata refund is determined by the price of the item concerned and the ratio of the time or extent not provided to the ordered performance. If one price covers several domains or separate placements without a breakdown, it is divided equally between them for this purpose. For a guaranteed volume, the specific methodology stated in the offer takes precedence.

    12.5. The following are not an outage on the part of Tobogana: lower traffic where the space was properly provided, non-display because a user filter was not met, ad blocking on a visitor’s particular device, or failure of your external website. However, these circumstances do not excuse failure to meet an expressly assumed guarantee.

    12.6. If an interruption lasts more than seven consecutive days or exceeds a quarter of the ordered period, you may end the part of the service not provided and ask for it to be settled without a cancellation fee. Claims from defective performance that has already occurred remain unaffected.

    12.7. In the event of an extraordinary obstacle beyond the reasonable control of the parties, the parties inform each other of its nature without delay and take measures to mitigate the consequences. Circumstances excluding liability for damages are assessed under the law. The mere existence of such an obstacle does not automatically give the operator of Tobogana the right to keep the price for a service definitively not provided.

    13. Restriction of content and termination by Tobogana

    13.1. Tobogana may reasonably restrict or suspend the content concerned, in particular on reasonable suspicion of illegality, infringement of third-party rights, an untrue family offer, missing rights to materials, manipulation of reviews, a safety risk or failure to meet a material contractual obligation.

    13.2. Unless the case is urgent, Tobogana first asks you to explain or remedy the matter within a reasonable period, as a rule at least three working days. In the case of a reasonable safety risk, clearly illegal content, fraud or a binding order of an authority, it may hide the content concerned immediately to the extent necessary.

    13.3. No later than at the time of the restriction, Tobogana delivers to you a statement of reasons on a durable medium, unless the law provides for an exception. It states the specific reason, the content concerned, the relevant rule, the extent of the measure and the available objection procedure; it also states whether automation was used, if it played a part in the decision. An objection is assessed by a human.

    13.4. Restricting specific content is distinct from ending the whole contractual relationship. If Regulation (EU) 2019/1150 applies, Tobogana, when terminating all intermediation services to a specific Partner, observes a notice period of at least 30 days and the statutory requirements for the statement of reasons, except where the Regulation expressly allows an exception. A one-off suspicion is not in itself a general exception to this period.

    13.5. Once the reason for the restriction is removed, Tobogana restores the service without undue delay if the contract continues. If Tobogana intervened wrongly, it provides a remedy under Article 12. If you are proven to be in breach, Tobogana settles the part delivered, justified costs and any statutory claims; the whole prepayment is not automatically forfeited without a settlement.

    13.6. If Tobogana definitively does not provide the service or ends it without a breach on your part, it refunds the price of the part not provided within 14 days. Choosing a different business model, changing the price list or selling the place to another interested party is not a reason to keep that price.

    14. Complaints, damages and third-party rights

    14.1. You may file a complaint free of charge to the contact e-mail about a technical problem, billing, a restriction of the service, the application of the terms or the conduct of Tobogana. Tobogana confirms receipt as a rule within three working days and resolves the complaint within 15 working days. For a matter that is reasonably complex, it informs you of the reason and a new deadline, no later than 30 working days from receipt; mandatory shorter periods take precedence.

    14.2. The contractual procedure does not limit the right to go to court or to a competent authority, or to use a special redress mechanism. If Article 20 of the Digital Services Act (Regulation (EU) 2022/2065) applies, Tobogana also provides the internal review required by law, including a period of at least six months for filing the relevant complaint.

    14.3. The parties’ liability for damage is governed by the applicable legislation. The party making a claim proves the conditions of liability, including the occurrence and amount of the damage and the causal link, to the extent required by law. Not guaranteeing a business result is not a waiver of the right to compensation for damage caused by breach of contract.

    14.4. Each party takes reasonable measures to prevent and mitigate damage. The contract sets no flat cap on damages at the price of the service and no general exclusion of liability for breach of its own obligations by Tobogana.

    14.5. If a third party makes a claim because of unlawful content supplied or approved by you, you provide the necessary cooperation and compensate the proven damage and reasonable costs for which you are liable under the law. Tobogana gives you the opportunity to comment on the claim. You do not bear consequences caused solely by an intervention by Tobogana that you did not approve or by breach of its own obligations by Tobogana; public-law liability is not transferred by this contract.

    14.6. Tobogana is a small enterprise within the meaning of Commission Recommendation 2003/361/EC, so the obligation to identify mediators under Article 12 of Regulation (EU) 2019/1150 does not apply to it. The parties may nevertheless agree on out-of-court dispute resolution with a mediator entered in the register of mediators of the Ministry of Justice of the Slovak Republic. Mediation does not prevent rights from being enforced in court.

    15. Personal data and communication

    15.1. Tobogana processes the necessary contact, contractual and billing data to conclude and perform the contract, keep accounts, ensure operation and protect its rights. The specific legal basis depends on the purpose and the position of the data subject; for your employee, the legal basis need not be the performance of a contract directly with that employee.

    15.2. Detailed information, including recipients, retention periods and the rights of data subjects, is set out in the Tobogana privacy policy. If a particular form of cooperation requires a processing agreement or another agreement under data protection rules, it is concluded separately. These terms do not in themselves define all relationships as the processing of personal data on behalf of another.

    15.3. Accepting these terms is not general consent to marketing, to the publication of likenesses or to optional tracking of visitors. Marketing messages and optional cookies are handled separately under the applicable rules.

    15.4. Contractual communication takes place by e-mail to the addresses notified, or through the account where the notice can be saved and reproduced. You notify a change of contact details without undue delay. Important notices are deemed delivered when they demonstrably reach the recipient’s sphere of control; a mere record of sending without successful delivery is not conclusive proof of delivery.

    16. Governing law, changes and final provisions

    16.1. The contract is governed by the law of the Slovak Republic, in particular the Commercial Code (Act No. 513/1991 Coll.). The choice of law does not exclude directly applicable European Union law or provisions whose application cannot be excluded by agreement.

    16.2. For disputes arising from this contract, the parties agree on the jurisdiction of the courts of the Slovak Republic, to the extent permitted by the applicable rules, including Regulation (EU) No 1215/2012. Local jurisdiction is agreed according to the registered office of Tobogana, where such an agreement is permitted; otherwise it is determined by law.

    16.3. The contract is concluded in Slovak, Czech, Polish, Hungarian, German or English, as stated in the offer. For bilingual documentation, the offer must state the governing language version. Neither the language of the terms nor the currency of the invoice changes the agreed governing law.

    16.4. The accepted version of the terms applies to a concluded order. A new version applies to new orders. An existing relationship can be changed only by agreement or to the extent permitted by law, in particular where it is necessary to meet a legal obligation; the price or the core of the ordered performance cannot be changed arbitrarily.

    16.5. If Regulation (EU) 2019/1150 applies to a change of an existing relationship, Tobogana notifies the proposed change on a durable medium at least 15 days in advance, or within a longer reasonable period if one is needed for technical or business adjustments. Statutory exceptions remain unaffected. You keep the right to end the relationship on the terms of the Regulation; the part of the prepayment not provided is settled without the voluntary cancellation fee.

    16.6. The invalidity of one provision does not affect the severable valid parts of the contract. No provision is to be interpreted as limiting the rights of visitors who are not a party to this B2B contract.

    16.7. A working day is Monday to Friday, except public holidays and rest days in the Slovak Republic. Other periods in days are calendar days unless the provision expressly states otherwise.

    16.8. These terms and conditions take effect on 5 November 2026. Version: 1.7. Contracts concluded before this day are governed by the version of the terms attached to the accepted offer.

    Annex: order specification

    The scope actually sold is set by the offer under point 3.1. The e-mail confirming receipt of the order contains:

    The advance invoice states the VAT treatment and the amount payable. The contract is formed when the full amount of the advance invoice is credited before the hold ends, under Article 4 of the terms. The advance invoice is not a tax document.