TERMS AND CONDITIONS OF RESERVATION OF ACCOMMODATION SERVICES BY ELECTRONIC MEANS
(hereinafter referred to as the "Terms and Conditions")
These Terms and Conditions define the type, scope, conditions and rules for making, cancelling, changing and settling reservations as part of the service provided electronically by the Service Provider (as defined in point 2 of these Terms and Conditions) to the Client (as defined in point 2 of these Terms and Conditions).
The Terms and Conditions shall be the Terms and Conditions referred to in Art. 8 section 1 point 1 of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws 2017.1219, dated June 24, 2017 amended).
Service Provider (as defined in point 2 of these Terms and Conditions) declares that it is entitled to act as an intermediary - on the basis of a separate agency agreement - in concluding contracts connected with booking rooms between the Facility and the Customer.
The content of the Terms and Conditions is made available to everyone free of charge.
The Terms and Conditions are available within the reservation system, on the website of the individual Facility (as defined in point 2 of the Terms and Conditions).
The Terms and Conditions are made available in a form allowing for its storage and reproduction in the ordinary course of activities (in HTML document format). Upon Client's request, Service Provider will send Client a copy of the Terms and Conditions in PDF format to Client's designated email address.
The following terms used in the Terms and Conditions will have the meanings established in accordance with the definitions below:
Facility - the entity for which the Service Provider acts (under a separate agreement) as agent to perform the Electronically Provided Services, including the Service described below;
Customer - shall mean any natural person over 18 years of age and having full legal capacity, legal person or any organizational unit without legal personality, which is granted legal capacity by the law, and which meets the requirements specified in these Terms and Conditions and uses the Service, in particular makes or cancels a reservation in the System;
Terms and Conditions - means these Terms and Conditions, drawn up and applied by the Service Provider;
Agreement - means the agreement for the provision of room reservation service, concluded electronically, the object of which is to provide the Service specified in these Terms and Conditions;
Service - means the service of booking rooms in the Facility, provided electronically by the Service Provider to the Client, consisting in making, changing or cancelling the reservation of selected room(s) at the Facility and enabling the payment for the reservation. A detailed description of the Service is set forth in Section 3 of these Terms;
Service Provider - means the company Profitroom Sp. z o.o. with registered office in Poznań, ul. Roosevelta 9/3, 60-829 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register), under KRS number 0000303746; NIP: 525-24-23-458; REGON: 141374990;
Service provided electronically - the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, transmitted and received by means of equipment for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or broadcast via a telecommunications network within the meaning of the Act of 16 July 2007 - Telecommunications Law (Journal of Laws 2017.1907 of October 12, 2017 as amended);
Information and Communication System - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data through telecommunication networks by means of a telecommunication terminal device appropriate for the given type of network, within the meaning of the Act of 16 July 2007. - Telecommunications Law (Journal of Laws 2017.1907 of October 12, 2017 as amended);
System - Profitroom Booking Engine, owned and operated by the Service Provider, enabling the Client to make, change or cancel reservations for selected room(s) at the Property and to make payments for reservations; type of Information and Communication System;
Means of electronic communication - technical solutions, including ICT devices and software tools working together with them, allowing individual communication at a distance using data transmission between ICT systems, and in particular electronic mail or text messages (sms).
TYPE AND SCOPE OF SERVICE
Pursuant to these Terms and Conditions, the Service Provider provides an electronic service for making, changing or cancelling reservations for selected room(s) at the Facility and a service for making payments for reservations. The Service Provider does not conclude contracts for the provision of hotel services on behalf of the Facility, in particular the Service Provider is not obliged to provide any other services, including any hotel services, except for services related to making, changing or cancelling a reservation for a room/selected rooms at the Facility. The subject contracts are entered into on terms and conditions specified separately by the Facility.
As a condition of providing the Service:
read the Terms and Conditions and accept their provisions by checking the appropriate boxes within the reservation form in the Service Provider's System;
declare by ticking the appropriate boxes within the booking form in the Service Provider's System:
Confirm the accuracy of the data provided to the Service Provider;
Give consent to the processing by the Service Provider of personal data provided to the Service Provider for the purpose of providing the Services;
Acknowledge the fact that the data is voluntary and of the rights under the Data Protection Act (Journal of Laws 2016.922 of 28 June 2016 as amended);
about the choice of payment for the reservation and the choice of VAT invoice, if required by the price conditions of the Facility.
Provision of the Service is possible only after completing the reservation form within the Service Provider's System and after accepting these Terms and Conditions and submitting the statements referred to in paragraph 3.2.2. of the Terms and Conditions.
In order to use the services specified in these Terms and Conditions, it is required to have an Internet connection and an active and properly configured e-mail account.
Use of the Service is voluntary.
The use of the Service is free of charge, but it may involve the Client incurring costs to the Internet provider, for which the Service Provider is not responsible.
RESERVATION AND CANCELLATION
In order to use the Service it is necessary to have a unique e-mail address and to fill in the reservation form made available within the Service Provider's System.
Booking by the Customer includes the following steps:
selection of hotel services provided by the Facility, based on the data and information provided in the System, in particular availability and price of room reservation; the prices provided in the System are gross prices and include only the services indicated as their components;
entering by the Client the required data and information using a booking form - in particular name and surname, unique e-mail address and telephone number - within the System made available on the Facility's website;
confirmation by the Client that he/she has read and accepts the Terms and Conditions and submits the required statements. Failure by the Client to acknowledge and accept the content of the Terms and Conditions and to submit the required declarations makes it impossible to continue the booking procedure;
to make payment if required by the price conditions of the Facility, on the terms selected;
After entering the booking data and confirming the acceptance of the Terms and Conditions, the Customer will automatically receive a message to the e-mail address provided in the course of the reservation, including a code and confirmation of the reservation, along with payment terms and the rules for changing or cancelling it. As soon as the confirmation is sent, the booking agreement is considered concluded.
The Service Provider reserves the right to refuse to make a reservation if there are no vacant rooms at the Facility. In this case, the Customer will receive an automatic message to the e-mail address provided by the Customer during the reservation process informing that the reservation cannot be made.
Customer cancellation includes the following steps:
choose the "Modify" option in the message sent to the Client containing the booking confirmation referred to in clause 4.2(a). of eTerms and Conditions;
selecting the option described above will launch the reservation management system in your web browser. In the reservation management system, select "Cancel" and then describe the reason for cancellation;
after the cancellation of the reservation, the Customer will receive an automatic message to the e-mail address provided by the Customer during the reservation process, including the confirmation of the cancellation of the reservation, and in case of cancellation without any costs and having made a payment for the reservation beforehand, the amount paid will be returned to the Customer to the account from which the payment for the reservation was made.
Changing a reservation by the Customer involves the following steps:
choose the "Modify" option in the message sent to the Client containing the booking confirmation referred to in clause 4.2(a). of eTerms and Conditions;
selecting the option described above will launch the reservation management system in your web browser. In the reservation management system, select "Modify" and then detail the modification request;
after sending a modification request, the Facility will contact the guest to inform them of the modification status.
OBLIGATIONS OF THE SERVICE PROVIDER
In connection with the provision of the Service described in these Terms and Conditions, Service Provider shall:
comply with the provisions of these Terms and Conditions;
perform the Service with reasonable diligence.
In the event of an unplanned outage or as a result of a failure preventing access to the Service, Service Provider shall make reasonable efforts to restore the functionality of the System. However, the Service Provider shall not be liable for the Client's inability to use the Service and for any damage to the Client caused by the lack of access to the System or the failure of telecommunication links, except if such an event occurs due to intentional fault of the Service Provider.
Service provider reserves the right to block the e-mail address of the Client who violated the provisions of these Terms and Conditions or the law.
Service Provider does not guarantee uninterrupted provision of the Service. In particular, Service Provider is not responsible for any interruption in the provision of services due to technical reasons, maintenance of the System and attributable to the Customer or a third party.
In connection with the use of the Service, Customer shall:
comply with all provisions of the Terms and Conditions;
comply with all applicable laws, rules of morality and generally applicable rules for the use of the Internet;
correctly specify Customer's data, including in particular those required during the booking process;
immediately inform Service Provider of any possible security breaches and problems related to the functioning or use of the Service;
not conduct any activities that threaten the security of the System or the computer systems of third parties;
not use the System, directly or indirectly, for any activities that are illegal or violate the good practices of the Internet usage or the rights of the third parties.
Service Provider shall not be liable for interruptions in the provision of services resulting from failures or malfunctions of data communications systems beyond the control of Service Provider.
Service Provider is not responsible for the lack of possibility to use the Service resulting from errors in making, changing or cancelling reservations by the Customer.
Client shall be solely and fully liable on a strict liability basis for all consequences and damages arising to Client, Service Provider or any other person related to or resulting from the following events:
violation by the Client of any provision of the Terms and Conditions;
improper use of the System by the Customer, in particular using the System contrary to its purpose or instructions provided in Terms or Conditions;
lack of security of the Client's IT systems.
Service Provider does not control, verify, or assume liability for damages caused to Client or any third party as a result of or in connection with Client's use of the Service, and in particular Service Provider is not liable for damages arising out of or related to:
destruction, damage to, or interruption of the Service or any software used by Customer;
introduction into the Client's IT system of any malicious software (e.g. viruses) or data, including those related to damage or destruction of Customer's hardware or software.
The Service Provider shall not be liable for damages caused to the Client due to defects (malfunctions) of the System, lack of operation or malfunction, failures, including the inability to use or malfunction of the Service due to lack of operation or malfunction (e.g. defect, failure) of the System or any component thereof.
Neither Party shall be liable for damages caused by force majeure.
Service Provider's liability for damage in the form of lost profits of Client is excluded.
The exclusion or limitation of Service Provider's liability provided for in these Terms and Conditions does not apply to cases in which, due to the content of mandatory provisions of law, it is not possible to exclude or limit liability, in particular they do not apply to damage caused to the Client intentionally.
Complaints related to the provision of Services should be submitted by mail to the Service Provider's registered address or electronically to the Service Provider's e-mail address.
A complaint should include the following details of the Client: name, surname, Client's address, e-mail address provided during booking and a description of the problem which occurred in connection with the use of the Service.
Complaints will be processed by the Service Provider on a first-come, first-served basis under the conditions described above.
Service Provider will consider the complaint within 14 working days from the date of its receipt. Immediately after reviewing the complaint, the Service Provider will respond to the Client regarding the complaint. The response will be sent in the same form in which the complaint was submitted to the e-mail address provided by the Client in the complaint or to the Client's correspondence address.
If the information provided in the complaint needs to be supplemented, the Service Provider, before considering the complaint, will ask the Client to supplement it within the specified period for considering the complaint. In such a case, the time limit referred to in clause 8.4 above shall run from the moment the Service Provider receives the completed complaint.
The administrator of the Customers' personal data is Doxa ZN Sp. z o.o., Aleje Jerozolimskie 65/79, 00-697 Warsaw, who can be contacted by e-mail: firstname.lastname@example.org.
Providing data is voluntary, but necessary to provide the Service.
The Customer whose data is being processed has the right to:
access to the content of its data, its correction or withdrawal at any time (withdrawal of consent does not affect the legality of the processing carried out on its basis before its withdrawal);
request erasure of data (right to be forgotten);
limit data processing;
transfer data (where technically possible);
object when automated decision-making (including profiling) is used;
lodge a complaint to the President of the Office for Personal Data Protection.
The personal data provided by the Customer will be processed for:
performance of services provided by the Administrator on the basis of Art. 6 section 1 letter (b) of the GDPR;
marketing, including sending commercial information to the e-mail address, if the Customer has agreed to it by checking the appropriate box in the reservation process. Consent to processing data for marketing purposes and sending commercial information may be withdrawn by clicking the appropriate link in the received message or by sending such a request to the e-mail address of the Administrator;
realization of the legitimate interest of the Personal Data Controller in specific cases on the basis of Art. 6 section 1 letter f) RODO e.g. debt collection, or video monitoring of traffic on the Site.
The legal basis for the processing of personal data are agreements concluded between the Client and the Facility as well as relevant national and EU laws under which personal data are processed.
The Client's personal data will be stored for the maximum period resulting from the provisions of the Tax Ordinance, the Accounting Act and other generally applicable Terms and Conditions.
Your personal data will not be processed outside the EEA.
The Administrator may use automated decision-making, including profiling, for marketing purposes and to customize offers.
The Administrator entrusts the processing of personal data to the Service Provider. Recipients of personal data may also include authorities, institutions and entities authorized by law, as well as entities providing services to the Data Administrator (e.g. legal, IT, marketing, accounting services, and other entities involved in providing the Service).
Service Provider and Administrator, declare that they apply organizational and technical measures to ensure the security of processed personal data.
The Service Provider and the Administrator shall not be liable for the consequences of providing false or erroneous data by the Client if, despite exercising due diligence, it is not possible to contact the Client.
PROHIBITION OF UNLAWFUL ACTS
The Customer may not use the Service provided by the Service Provider for purposes that are contrary to the law, rules of social coexistence, morality and generally accepted principles of conduct.
The Customer may only use the Service in a manner consistent with its intended use and functionality as set forth in the Terms of Service.
The Terms and Conditions become effective upon publication on the Property's website and apply to reservations made after 2018-03-22 ?
Service Provider is entitled to make changes to the provisions of the Terms and Conditions at any time and at its own discretion. In particular, Service Provider may amend the provisions of these Terms and Conditions in the case of:
the need to adjust the Terms and Conditions to the mandatory provisions or to changes in the provisions of law affecting the content of the Terms and Conditions;
the need to adapt the Terms and Conditions to the recommendation, interpretation, ruling, statement or decision of a public authority or court decision, which affects the content of the Terms and Conditions;
expanding or changes made to the functionality of the System;
introducing new Services, changing the scope or nature of the Services;
changes in the technical conditions for providing the Services;
changes in the scope of Service Provider's business.
Within the limits set by mandatory provisions of law, the invalidity of any provision of the Terms and Conditions shall not affect the validity of the remaining provisions of the Terms and Conditions.
Any disputes arising from the implementation of the provisions of these Terms and Conditions shall be considered by the common court competent for the Service Provider. The provision covered by the preceding sentence does not apply to agreements concluded with Users who are consumers. For the avoidance of possible doubts, the Service Provider informs that in the case of consumers, in disputes referred to in this paragraph, the competent court shall be the court provided for in the relevant legislation on the protection of consumer rights.
The applicable law is Polish law. W sprawach nieuregulowanych w Regulaminie zastosowanie znajdą odpowiednie przepisy prawa polskiego, a w szczególności przepisy ustawy z dnia 23 kwietnia 1964 r. Civil Code (Journal of Laws 2017.459 of March 2, 2017 as amended) and the Act of 18 July 2002. on the provision of electronic services (Journal of Laws 2017.1907 of 12 October 2017 as amended), as well as the Act of August 29, 1997 on the protection of personal data (Journal of Laws 2016.922 of June 28, 2016 as amended).