Terms and conditions

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Terms and conditions

TERMS AND CONDITIONS FOR BOOKING ACCOMMODATION SERVICES ONLINE (hereinafter referred to as: "TERMS AND CONDITIONS")
  1. INTRODUCTORY PROVISIONS
    1. Terms and Conditions determine the type, scope, conditions and rules of making, canceling, changing, and paying for a booking within the scope of the online service provided by the Provider (as defined in Paragraph 2) for the Client (as defined in Paragraph 2).
    2. Terms and Conditions are regulations, as referred to in Art. 8 point 1 of the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws. 2017.1219 from 24 June 2017 as amended).
    3. The Provider (as defined in Paragraph 2) declares that he is entitled to act as intermediary - on the basis of a separate agency agreement - in concluding agreements related to room bookings between the Hotel and the Client.
    4. The content of the Terms and Conditions is available for any person free of charge.
    5. Terms and Conditions are available in the booking system, on a particular hotel’s website (as defined in Paragraph 2 of the Terms and Conditions).
    6. Terms and Conditions are made available in form which enables storages and usage in the ordinary course of actions (as a HTML file). At the Client’s request, the Provider shall send a copy of the Terms and Conditions in a PDF format to the email address provided by the Client.
  2. DEFINITIONS
    1. The following terms used in the Terms and Conditions shall be understood according to the definitions below:
      1. Hotel – entity for which the Provider acts (under a separate agreement) as an agent in the performance of Services supplied electronically, including the Service described below;
      2. Client - refers to every natural person over 18 years of age which has full capacity to perform acts in law, legal person or organisational unit not possessed of legal personality to whom the act has granted legal capacity and which meets the requirements defined in Terms and Conditions, and uses the Service, in particular, makes or cancels booking in the System;
      3. Terms and Conditions - refers to the present Terms and Conditions, created and used by the Provider;
      4. Agreement - refers to agreement of provision of room bookings, concluded in electronic form, the subject of which is to provide the Service indicated in the Terms and Conditions;
      5. Service - refers to room booking service in a Hotel, provided in electronic form by the Provider for the Client, including making, changing or canceling a booking of a selected room/rooms in the Hotel and enabling payment for the booking. A detailed description of the Service is included in Paragraph 3 of the Terms and Conditions;
      6. Provider - refers to Profitroom Company seated in Poznań: 9/3 Roosevelta Street, 60-829 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the Poznań District Court - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under the item number 0000303746; Tax Number 525-24-23-458; National Business Registry Number 141374990;
      7. Service provided in electronic form – provision of a service performed without the simultaneous presence of the parties (remotely), through the transmission of data upon the individual request of the recipient, transmitted and received by means of electronic processing devices, including digital compression and data storage, which is entirely broadcast, received or transmitted via telecommunications network within the meaning of the Act on Telecommunications Law from 16 July 2007 (Journal of Laws 2017.1907 from October 12, 2017, as amended);
      8. ICT System – a group of compatible IT devices and software which ensure processing and storage, as well as sending and receiving data through telecommunications networks with the use of a terminal device appropriate for a particular type of telecommunications network, within the meaning of the Act on Telecommunications Law from 16 July 2007 (Journal of Laws 2017.1907 from October 12, 2017, as amended);
      9. System – Profitroom Booking Engine owned and operated by the Provider, enabling the Client to make, change or cancel a booking of a selected room/rooms in the Hotel and make payments for the booking; a type of ITC system;
      10. Means of electronic communication – technical solutions, including teleinformation devices and the compatible software tools, enabling individual remote communication with the use of data transmission between ICT systems, in particular, electronic mail or text messages (SMS).
  3. TYPE AND SCOPE OF SERVICE
    1. Under the rules of the Terms and Conditions, the Provider provides service, in an electronic form, which comprises making, changing or canceling the booking of a selected room/rooms in the Hotel, and the service enabling making payments for the booking. Under the rules of the Terms and Conditions, the Provider provides service, in an electronic form, which comprises making, changing or canceling the booking of a selected room/rooms in the Hotel, and the service enabling making payments for the booking. The Provider does not conclude contracts for the benefit of the Hotel, in particular, the Provider is not obliged to provide other services, including any hotel services, except for the services related to making, changing or canceling a room/ selected rooms booking in the Hotel. The said agreements are concluded on the conditions specified separately by the Hotel.
    2. Conditions for the provision of Service include:
      1. becoming familiar with the Terms and Conditions and the acceptance its provisions by ticking the appropriate fields as part of the booking form in the Provider's System;
      2. declaring the following, by marking the appropriate fields in the booking form in the Provider's System:
        • authenticity of data given to the Provider;
        • consent for the processing of personal data by the Provider, given to the Provider for the purpose of provision of the Service;
        • acknowledgment of the voluntary submission of data and the rights pursuant to the Personal Data Protection Act (Journal of Laws 2016.922 form June 28, 2016, as amended);
        • the choice of the payment method for the booking and the possible selection of the VAT invoice, if required by the Hotel's pricing conditions.
    3. Provider's System and upon the acceptance of the Terms and Conditions as well as the submission of the declarations referred to in point 3.2.2. of the Terms and Conditions.
    4. The Internet connection as well as an active and properly configured email account is required to use the Services determined in the Terms and Conditions.
    5. The use of the Service is voluntary.
    6. The use of the Service is free of charge, however, it may be connected with the cost for the Client against the Internet provider, for which the Provider shall not be held responsible.
  4. BOOKING AND CANCELLATION
    1. To use the Service it is necessary to have an individual email address and complete the booking form provided in the Provider's System.
    2. The booking includes the following steps:
      1. selection of hotel services provided by the Hotel, based on the data and information provided in the System, in particular, room availability and the booking price; the prices provided in the System are gross prices and include only the services indicated as its components;
      2. submission of the required data and information by the Client using the booking form - in particular, the name and surname, unique email address, and telephone number - in the System available on the Hotel website;
      3. confirmation by the Client that he has read and accepted the Terms and Conditions, as well as the submission the required declarations. The Client's failure to confirm and accept the content of the Terms and Conditions as well as the failure to submit the required declarations prevents the continuation of the booking procedure;
      4. making a payment, if required by the Hotel's price conditions, under the terms and conditions;
      5. after entering the booking data and confirming the acceptance of the Terms and Conditions, the Client will receive an automated message containing the code and the booking confirmation along with the payment terms and conditions, as well as the rules of changing or canceling the booking, to the email address provided in the course of the booking. The booking agreement shall be deemed concluded upon the sending of the confirmation.
    3. The Provider reserves the right to refuse to make a booking in the absence of available rooms in the Hotel. In such a case, the customer will receive an automated message, to the email address provided during the booking, about the inability to make a booking.
    4. Booking cancellation by the Client includes the following steps:
      1. choosing the "Modify" option in the message sent to the Client, including the booking confirmation referred to in point 4.2.5 of the Terms and Conditions;
      2. choosing the option described above shall launch the booking management system in the web browser. In the booking management system, the "Cancel" option shall be selected and the reason for the cancellation shall be provided;
      3. Once the cancellation is complete, the Client shall receive an automated confirmation of the booking cancellation to the email address provided during the booking. In case the cancellation is free of charge and payment has been made in advance, the amount will be returned to the Client's account used to make a payment for the booking.
    5. Changing the booking by the Client includes the following steps:
      1. choosing the "Modify" option in the message sent to the Client, including the booking confirmation referred to in point 4.2.5 of the Terms and Conditions;
      2. choosing the option described above shall launch the booking management system in the web browser. In the booking management system, the "Modify" option shall be selected and the reason for the change shall be provided;
      3. Once the request for change has been submitted, the Hotel shall contact the guest to inform about the modification status.
  5. PROVIDER OBLIGATIONS
    1. In connection with the provision of the Service defined in the Terms and Conditions, the Provider is obliged to:
      1. comply with the provisions of the Terms and Conditions;
      2. provide the Service with due diligence.
    2. In the event of unplanned lack of access to the Service or as a result of a failure preventing its implementation, the Provider shall be obliged to take actions aiming at the restoration of the System operation with due diligence. However, the Provider is not liable for the Client's inability to use the Service and any Client's damage caused by the lack of access to the System, failure of the telecommunications connection, except when such a case is the Provider's intentional fault.
    3. The Provider reserves the right to block the email address of the Client who has violated the provisions of the Terms and Conditions or the law.
    4. The Provider does not guarantee uninterrupted provision of the Service. In particular, the Provider shall not be liable for a break in the provision of the Service caused by technical, maintenance reasons in reference to the System, as well as those on the part of the Client or a third party.
  6. CLIENT OBLIGATIONS
    1. In connection with the use of the Service, the Client is obliged to:
      1. comply with all provisions of the Terms and Conditions;
      2. comply with all the legal provisions, good practices, and generally applicable rules of the use of the Internet;
      3. correctly provide Client’s data including, in particular, the data required during the booking;
      4. immediately inform the Provider of any security breach and problems related to the functioning or the use of the Service;
      5. refrain from performing any activities threatening the security of the System or computer systems of third parties;
      6. not to use the System directly or indirectly to perform any activities which are against the law, good practices of the use of the Internet, or that violate the rights of third parties.
  7. LIABILITY
    1. The Provider is not liable for any interruptions in the provision of the Service resulting from the failure or malfunction of the IT systems which are beyond the Provider's influence.
    2. The Provider is not liable for the inability to use the Service resulting from errors while making, changing or canceling the booking by the Client.
    3. The Client is solely and strictly liable for all the consequences and damages incurred on the part of the Client, the Provider or any other parties, related or resulting from the following events:
      1. breach of any provisions of the Terms and Conditions by the Client;
      2. improper use of the System by the Client, in particular, use the System which is contrary to its intended use or instructions presented in the Terms and Conditions;
      3. lack of security of the Client's IT systems.
    4. The Provider does not control, inspect, and is not liable for the damage caused to the Client or a third party as a result of or in connection with the Client's use of the Service, in particular, the Provider is not liable for damages arising from or related to:
      1. damages, breaks in the operation of the Service or any software used by the Client;
      2. introduction of any malicious software (eg viruses) to the Client's IT system or data, including those related to the destruction or damage of the Client's hardware or software.
    5. The Provider shall not be liable for damages caused to the Client due to defects (failures) of the System, lack of action or improper operation, failures, including the inability to use or malfunction of the Service caused by the lack of action or malfunction (eg defect, malfunction) of the System or any of its elements.
    6. Neither Party shall be liable for damage caused by force majeure.
    7. The Provider's liability excludes damage in the form of the lost customer benefits.
    8. The exclusion or limitation of liability of the Provider referred to in the Terms and Conditions do not apply in cases where it is not possible to exclude or limit liability due to the content of the mandatory legal provisions, in particular, they do not apply to damage caused intentionally to the Client.
  8. COMPLAINTS
    1. Complaints related to the provision of the Service shall be made by mail to the Provider's address or electronically to the Provider's email address.
    2. The complaint shall contain the following details of the Client: name, surname, Client's address, the email address provided in the booking, and a description of the problem which arises in connection with the use of the Service.
    3. Complaints will be processed on a first-come basis with the Provider, as described above.
    4. The Provider shall handle the complaint within 14 business days of the day of receipt. Immediately after handling the complaint, the Provider shall issue a response regarding the complaint. The reply shall be sent in the same form in which the complaint has been made, to the Client's email address or the Client's mail address provided in the complaint.
    5. In case the information provided in the complaint shall require supplementation, the Provider, before handling the complaint, shall ask the Client to supplement it within the period indicated to handle the complaint. In such a case, the period referred to in point 8.4 above shall run from the moment of receipt of the completed complaint by the Provider.
  9. PERSONAL DATA
    1. The administrator of Customers' personal data is Doxa ZN Sp. z o.o., Aleje Jerozolimskie 65/79, 00-697 Warszawa, which can be contacted by e-mail: biuro@osadakoscielisko.pl
    2. It is voluntary for the Customer to provide the data, but necessary for the Service to be provided.
    3. The Customers who have provided their data have the right to:
      1. access their data, correct or withdraw it at any time (withdrawal of consent does not affect the legitimacy of the processing thereof which was done on the basis of the consent granted prior to its withdrawal);
      2. request the deletion of the data (right to be forgotten);
      3. restrict the processing of the data;
      4. transfer the data (if technically possible);
      5. express objections when automated decision-making is used (including profiling);
      6. lodge a complaint with the President of the Office for the Protection of Personal Data.
    4. The personal data provided by the Customer will be processed:
      1. by the Administrator in order to provide services on the basis of Article 6 para. 1 lit. b) of GDPR;
      2. for marketing purposes, including sending commercial information to the e-mail address, if the Customer has agreed to it by marking the appropriate box in the booking process. The consent to the processing of the data for marketing purposes and sending commercial information may be withdrawn by clicking the appropriate link in the received message or by sending a notification to the Administrator's email address;
      3. to implement the justified interest of the Administrator of personal data in specific cases pursuant to Article 6 para. 1 lit. f) of GDPR, e.g. debt collection or video traffic monitoring within the Facility.
    5. The legal basis for the processing of personal data are contracts concluded between the Customer and the Facility as well as the relevant provisions of national and EU law under which personal data are processed.
    6. The Customer's personal data will be stored no longer than for the period of time resulting from the provisions of the Tax Ordinance, the provisions of the Accounting Act and other generally applicable regulations.
    7. The Customer's personal data will not be processed outside the EEA.
    8. The Administrator may use automated decision-making, including profiling, for marketing purposes, and for adapting the offer.
    9. The Administrator entrusts the processing of personal data to the Service Provider. The recipients of personal data may also be bodies, institutions and entities authorized by law, as well as entities providing services to the Data Administrator (e.g. legal, IT, marketing, or accounting services and other entities involved in the performance of the Service).
    10. The Service Provider and the Administrator declare that they use appropriate organizational and technical means to ensure the security of personal data being processed.
    11. The Service Provider and the Administrator shall not be liable for the consequences of false or incorrect data being provided by the Customer if, despite due diligence being exercised, it will not be possible to contact the Customer.
  10. PROHIBITION OF UNLAWFUL ACTIONS
    1. The Client shall not use the Service provided by the Provider for purposes contrary to law, principles of social coexistence, morality and the generally accepted rules of conduct.
    2. The Client shall use the Service only in a manner consistent with its intended use and functionality specified in the Terms and Conditions.
  11. FINAL PROVISIONS
    1. The Terms and Conditions shall come into force upon the publication on the Hotel's website and apply to bookings made after 2018-03-22.
    2. The Provider is entitled to amend the provisions of the Terms and Conditions at any time and according to own decision. In particular, the Provider may change the provisions of the Terms and Conditions in the case of:
      1. the necessity to adapt the Terms and Conditions to the mandatory provisions or to the changes in legal regulations affecting the content of the Terms and Conditions;
      2. the necessity to adapt the Terms and Conditions to the recommendation, interpretation, ruling, regulation, public authority or a court decision having an impact on the content of the Terms and Conditions;
      3. the expansion or changes to the functionality of the System;
      4. introduction of new Services, change in the scope or the nature of the Services;
      5. changes of the technical conditions of the provision of the Service;
      6. changes in the scope of the Provider's activities.
    3. Within the limit set out by the mandatory provisions of the law, the invalidity of any of the provisions of the Terms and Conditions shall not affect the validity of the remaining provisions of the Terms and Conditions.
    4. All disputes arising from the implementation of the provisions of the Terms and Conditions shall be settled by a court of law competent for the Provider. The provision referred to in the preceding sentence does not apply to contracts concluded with the consumer Client Users. For the avoidance of any doubts, the Provider informs that in the case of consumers in dispute, as referred to in this paragraph, the competent court is the court relevant in the provisions on the protection of consumer rights.
    5. The applicable law is the Polish law. For matters not regulated by the Terms and Conditions, relevant provisions of the Polish law shall apply, in particular, the provisions of the Act of 23 April 1964. The 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 Journal of Laws 2017.1907 of October 12, 2017, as amended) and the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws2016.922 of June 28, 2016, as amended).

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