1. Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

• “Advertiser” means the legal person, company, partnership, sole trader or other business entity purchasing the Subscription and entering into this Agreement.
• “Agreement” means the contract formed between the Operator and the Advertiser incorporating these Terms, the Data Processing Addendum (where applicable), and any documents expressly incorporated by reference.
• “Content” means any text, images, video, links, comments, promotional materials, logos, trademarks, reviews or other materials posted or shared by the Advertiser within the Group.
• “CRA” means the Consumer Rights Act 2015.
• “Facebook” means Meta Platforms Ireland Limited (or any successor entity) operating the Facebook platform.
• “Group” means the We ❤️ Galapagos! Facebook Group operated by the Operator.
• “Services” means the provision of limited, revocable advertising and promotional posting permissions within the Group in accordance with these Terms.
• “Subscription” means the recurring paid access to the Services purchased via the Website.
• “Terms” means these Terms and Conditions as amended from time to time.
• “Website” means www.litt.cz and any associated checkout or subscription platform operated by the Operator.

1.2 Construction

• (a) References to statutes or statutory provisions include any amendment, extension or re-enactment thereof.
• (b) Words in the singular include the plural and vice versa.
• (c) References to a “person” include natural persons, corporate entities, partnerships and unincorporated bodies.
• (d) Headings are for convenience only and shall not affect interpretation.
• (e) Any phrase introduced by “including”, “include”, “in particular” or similar expressions shall be construed as illustrative and shall not limit the preceding words.

1.3 Order of Precedence

In the event of inconsistency between (a) these Terms, (b) the Data Processing Addendum, and (c) any additional written agreement signed by the Operator, the following order of precedence shall apply:

1. Any signed written agreement;
2. The Data Processing Addendum (in respect of data protection matters only);
3. These Terms.

2. Business Customers

The Services are intended for business customers only.

By subscribing, the Advertiser warrants that it is acting wholly or mainly in the course of its trade, business, craft or profession.

If an individual subscribes while acting as a consumer within the meaning of the CRA, statutory rights shall apply and nothing in these Terms shall exclude or restrict rights which cannot lawfully be excluded.

3. Contract Formation

A legally binding contract is formed when the Advertiser completes checkout and the Operator confirms acceptance (including by providing access to subscription benefits).

The Operator reserves the right to decline any subscription at its discretion.

4. Description of Services

The Operator provides access rights within a third-party Facebook Group permitting limited promotional activity.

The Services are supplied with reasonable care and skill as required under section 49 CRA (where applicable).

The Operator does not guarantee leads, engagement levels, sales, visibility ranking, or continued availability of Facebook features.

The Operator does not act as agent, broker, or representative of the Advertiser.

5. Third-Party Platform Dependence

The Services operate via Facebook, a platform not controlled by the Operator.

The Operator shall not be responsible for platform outages, algorithm changes, badge removal, account restrictions, or Group suspension or deletion.

Where changes to Facebook materially affect delivery, the Operator may modify or discontinue the Services. Where discontinuation occurs, prepaid unused subscription periods will be refunded on a pro-rata basis.

6. Subscription Fees

Fees are payable monthly in advance via the Website checkout system.

Unless otherwise required by law, payments are non-refundable.

If the Services are not supplied with reasonable care and skill (where applicable), the Advertiser may be entitled to repeat performance or a price reduction in accordance with sections 55–56 CRA.

The Operator may vary pricing upon reasonable notice. Changes apply to future billing cycles only.

7. Advertising Conduct

The Subscription grants a limited, revocable, non-transferable licence to promote services within the permitted limits.

7.1 Compliance

The Advertiser must provide accurate and lawful information and comply with applicable advertising law, Facebook rules, and any tourism regulations applicable to its operations (including Ecuadorian tourism rules where relevant).

7.2 Prohibited conduct

• Misleading statements or omissions
• Fake, secondary, or impersonation accounts
• Exceeding posting limits or spamming
• Unsolicited direct marketing/messages to Group members
• Harassment, aggressive sales tactics, or manipulative behaviour
• Manipulated reviews or testimonials
• Any disguised advertising or covert promotion

The Operator may remove Content that breaches these Terms or poses regulatory, safety, or reputational risk to the Group.

8. Suspension and Termination

The Operator may suspend the Services where the Advertiser breaches these Terms.

For remediable breaches, the Operator will normally provide notice and an opportunity to remedy.

Serious breaches (including fraud, regulatory violations, or impersonation) may result in immediate termination.

Where termination is due to Advertiser breach, no refund is due.

The Advertiser may cancel at any time. Cancellation stops future billing but does not entitle the Advertiser to a refund of the current billing period.

9. Statutory Rights (Where Applicable)

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any rights under the CRA which cannot lawfully be excluded.

If the Advertiser qualifies as a consumer and the Services are defective, remedies shall be limited to repeat performance or price reduction as provided under sections 55–56 CRA.

10. Limitation of Liability

Subject to Chapter 9, the Operator’s total liability shall not exceed the total Subscription fees paid in the three (3) months preceding the event giving rise to the claim.

To the extent permitted by law, the Operator shall not be liable for loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or indirect or consequential loss.

11. Indemnity

The Advertiser shall indemnify the Operator against all claims, losses, damages, fines, regulatory penalties, and legal costs arising from the Advertiser’s services, Content, regulatory non-compliance, customer disputes, misrepresentation, or breach of law.

This indemnity does not apply to the extent that loss results from the Operator’s negligence.

12. Tax

The Advertiser is responsible for its own VAT, reverse charge, and tax obligations.

13. Force Majeure

The Operator shall not be liable for failure or delay caused by events beyond reasonable control.

14. Data Protection

Each party shall comply with applicable data protection laws (including UK GDPR where applicable).

The Data Processing Addendum set out below forms part of these Terms.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.

Nothing in this clause limits any mandatory statutory rights applicable under UK law.

16. Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

17. Entire Agreement

These Terms (together with any documents expressly incorporated by reference, including the Data Processing Addendum) constitute the entire agreement between the parties and supersede all prior communications.

Data Processing Addendum (DPA)

This Data Processing Addendum (“DPA”) forms part of the Terms and Conditions governing the Verified Advertising Subscription.

This DPA applies where personal data is processed in connection with the Services.

1. Definitions

• “UK GDPR” means the UK General Data Protection Regulation.
• “EU GDPR” means Regulation (EU) 2016/679 where applicable.
• “Data Protection Laws” means UK GDPR, EU GDPR (where applicable), and the UK Data Protection Act 2018.
• “Personal Data”, “Controller”, “Processor”, “Data Subject”, “Processing” have the meanings set out in applicable Data Protection Laws.

2. Role of the Parties

Independent Controllers. In most circumstances, the Operator and the Advertiser act as independent Controllers.

The Operator determines the purposes and means of processing personal data relating to Group membership, subscription billing, account management, and platform moderation.

The Advertiser independently determines the purposes and means of processing personal data relating to customer inquiries, bookings, travel arrangements, and direct communications.

No joint controllership. Nothing in this Agreement creates joint controllership unless explicitly agreed in writing.

3. Limited Processor Role (If Applicable)

The Operator acts as a Processor only to the extent it processes personal data strictly on behalf of the Advertiser (if ever applicable), such as technical hosting of submitted business contact details.

In such limited circumstances, the Operator shall:

• Process Personal Data only on documented instructions
• Ensure confidentiality of personnel
• Implement appropriate technical and organisational security measures
• Assist with Data Subject rights where reasonably required
• Notify the Advertiser of Personal Data breaches without undue delay

The nature and purpose of processing shall be limited to enabling display of Advertiser business information within the Group.

4. Categories of Data

The Services may involve processing of:

• Advertiser contact names
• Business email addresses
• Billing details
• Social media account identifiers
• Public member profile information (visible within the Facebook Group)

The Operator does not intentionally collect special category data, criminal conviction data, travel passport data, or payment card data (processed via third-party payment processors).

5. Legal Basis

The Operator processes personal data under the following legal bases (as applicable): performance of contract; legitimate interests (platform integrity, fraud prevention, moderation); and compliance with legal obligations.

Advertisers are independently responsible for identifying their own lawful bases.

6. Data Subject Rights

Each party is independently responsible for responding to Data Subject requests. Where a request concerns data controlled by the other party, it shall be forwarded promptly.

7. International Transfers

The Operator may process data in the United Kingdom. Facebook may transfer data internationally under its own safeguards.

Where the Operator transfers Personal Data outside the UK, it shall ensure appropriate safeguards in accordance with UK GDPR (such as adequacy regulations or International Data Transfer Agreements, where applicable).

8. Security Measures

The Operator implements appropriate technical and organisational measures, which may include secure website hosting, encrypted payment gateways, restricted administrative access, and two-factor authentication where available. No system is guaranteed to be fully secure.

9. Data Retention

Personal data shall be retained only as long as necessary for contract performance, legal compliance, dispute resolution, and legitimate business purposes. Billing records may be retained to comply with UK tax and accounting obligations.

10. Personal Data Breach

In the event of a Personal Data breach affecting Advertiser data, the Operator shall notify the Advertiser without undue delay and provide reasonable information necessary for regulatory reporting. Each party remains independently responsible for its own reporting obligations under applicable law.

11. Liability

Each party is independently liable for its own compliance with Data Protection Laws.

The Operator shall not be liable for the Advertiser’s misuse of Personal Data, unlawful marketing, failure to obtain consent, or regulatory breaches outside the Operator’s control.

Liability under this DPA is subject to the limitations set out in the main Terms, to the extent permitted by law.

12. Third-Party Platforms

The Services operate via Facebook (Meta Platforms), which acts as an independent controller. The Operator is not responsible for Facebook’s data processing practices. Advertisers must independently review and accept Facebook’s data policies.

13. Subprocessors

The Operator may use subprocessors including website hosting providers, payment processors, and accounting software providers. Subprocessors are subject to appropriate contractual safeguards.

14. Governing Law

This DPA is governed by the laws of England and Wales.

15. Order of Precedence

In the event of conflict between this DPA and the main Terms, this DPA shall prevail solely in relation to data protection matters.