Kielczanka

ELECTRONIC RESERVATION TERMS FOR ACCOMMODATION SERVICES (hereinafter: “TERMS”)

1.PRELIMINARY PROVISIONS

1.These Terms define the type, scope, conditions and rules for making, cancelling, changing and settling reservations for the electronic service provided by the Service Provider (as defined in section 2) to the Client (as defined in section 2).
2.These Terms constitute the terms referred to in Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1219 of 24 June 2017, as amended).
3.The Service Provider (as defined in section 2) declares that it is authorised to act as an intermediary—under a separate agency agreement—in concluding room reservation agreements between the Facility and the Client.
4.The Terms are made available to everyone free of charge.
5.The Terms are available in the reservation system on the website of each Facility (as defined in section 2).
6.The Terms are provided in a form enabling storage and reproduction in the ordinary course of activities (HTML document format). At the Client’s request, the Service Provider will send a PDF copy to the Client’s specified email address.

2.DEFINITIONS

1.The following terms used in the Terms shall have the meanings set out below:
1.Facility - an entity for which the Service Provider acts (under a separate agreement) as agent providing electronic services, including the Service described below;
2.Client - any natural person aged 18 or over with full legal capacity, legal person or organisational unit without legal personality granted legal capacity by law, meeting the requirements described in the Terms and using the Service, in particular making or cancelling a reservation in the System;
3.Terms - these Terms, prepared and applied by the Service Provider;
4.Agreement - an electronic agreement for providing the room reservation service, whose subject is the Service specified in these Terms;
5.Service - the electronic room reservation service provided by the Service Provider to the Client for making, changing or cancelling a reservation for a selected room/rooms at the Facility and enabling payment for the reservation. A detailed description of the Service is set out in section 3;
6.Service Provider - Profitroom Sp. z o.o., 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, 8th Commercial Division of the National Court Register, under KRS number 0000303746; NIP: 525-24-23-458; REGON: 141374990;
7.Electronic service – a service performed without the simultaneous presence of the parties (remotely), by transmitting data at the recipient’s individual request, sent and received using electronic data-processing and storage devices, including digital compression, transmitted, received or relayed entirely via a telecommunications network within the meaning of the Act of 16 July 2007 – Telecommunications Law (Journal of Laws 2017.1907 of 12 October 2017, as amended);
8.Telecommunications Information System – a set of cooperating IT devices and software ensuring data processing, storage, sending and receiving via telecommunications networks, using an appropriate terminal device for the relevant network within the meaning of the Act of 16 July 2007 – Telecommunications Law (Journal of Laws 2017.1907 of 12 October 2017, as amended);
9.System – the Profitroom Booking Engine reservation system, owned and operated by the Service Provider, enabling the Client to make, change or cancel a reservation for a selected room/rooms at the Facility and make reservation payments; a type of Telecommunications Information System;
10.Electronic communication means – technical solutions, including IT devices and related software, enabling individual remote communication through data transmission between IT systems, in particular email or text messages (SMS).

3.TYPE AND SCOPE OF THE SERVICE

1.Under these Terms, the Service Provider electronically provides the service of making, changing or cancelling a reservation for a selected room/rooms at the Facility and making reservation payments. The Service Provider does not conclude hotel service agreements on behalf of the Facility; in particular, it is not obliged to provide other services, including hotel services, except those related to making, changing or cancelling a room reservation at the Facility. Such agreements are concluded on terms separately specified by the Facility.
2.The Service is provided subject to:

1.reading the Terms and accepting them by ticking the relevant boxes in the reservation form in the Service Provider’s System;
2.submitting, by ticking the relevant boxes in the reservation form in the Service Provider’s System, declarations of:§truthfulness of the data provided to the Service Provider;
§consent to processing by the Service Provider of the personal data provided for the purpose of providing the Service;
§acknowledgement that providing data is voluntary and of the rights under the Personal Data Protection Act (Journal of Laws 2016.922 of 28 June 2016, as amended);
§the selected reservation payment method and, where required by the Facility’s pricing terms, the choice of a VAT invoice.
3.The Service may be provided only after completing the reservation form in the Service Provider’s System, accepting these Terms and submitting the declarations referred to in section 3.2.2.
4.Use of the services specified in these Terms requires an Internet connection and an active, correctly configured email account.
5.Use of the Service is voluntary.
6.Use of the Service is free of charge, but may involve Client costs payable to the Internet provider, for which the Service Provider is not responsible.

4.RESERVATION AND CANCELLATION

1.Use of the Service requires a unique email address and completion of the reservation form available in the Service Provider’s System.
2.The Client’s reservation comprises:

1.selection of hotel services provided by the Facility based on the data and information in the System, particularly room availability and reservation price; prices shown in the System are gross prices and include only services listed as components;
2.entry by the Client of the required data and information in the reservation form—particularly first and last name, unique email address and telephone number—in the System available on the Facility’s website;
3.confirmation by the Client that the Terms have been read and accepted, and submission of the required declarations. Failure to confirm acceptance of the Terms or submit the required declarations prevents continuation of the reservation procedure;
4.payment, where required by the Facility’s pricing terms, on the selected terms;
5.after entering the reservation details and confirming acceptance of the Terms, the Client will automatically receive at the email address provided during the reservation a message containing the reservation code and confirmation, payment terms, and rules for changing or cancelling it. The reservation agreement is concluded when the confirmation is sent.

3.The Service Provider reserves the right to refuse a reservation if no rooms are available at the Facility. In that case, the Client will automatically receive an email at the address provided during the reservation stating that the reservation cannot be made.
4.The Client’s cancellation comprises:

1.selecting “Modify” in the reservation confirmation message sent to the Client referred to in section 4.2(e) of the Terms;
2.this opens the reservation management system in the web browser. In that system, select “Cancel” and then state the reason for cancellation;
3.after cancelling, the Client will automatically receive an email at the address provided during the reservation confirming the cancellation; if cancellation is free of charge and the reservation was prepaid, the amount paid will be refunded to the account used for payment.

5.The Client’s reservation change comprises:

1.selecting “Modify” in the reservation confirmation message sent to the Client referred to in section 4.2(e) of the Terms;
2.this opens the reservation management system in the web browser. In that system, select “Modify” and then describe the requested change in detail;
3.after the change request is sent, the Facility will contact the guest to provide an update on its status.

6.SERVICE PROVIDER’S OBLIGATIONS

1.In connection with providing the Service described in these Terms, the Service Provider shall:

1.comply with these Terms;
2.provide the Service with due care.

2.If the Service becomes unexpectedly unavailable or a failure prevents its provision, the Service Provider shall use due care to restore the System’s functionality. However, the Service Provider is not liable for the Client’s inability to use the Service or any Client damage caused by lack of System access or telecommunications link failure, except where caused intentionally by the Service Provider.

3.The Service Provider reserves the right to block the Client’s email address if the Client breaches these Terms or the law.4.The Service Provider does not guarantee uninterrupted Service. In particular, it is not liable for interruptions caused by technical or System maintenance reasons, or by the Client or a third party.

6.CLIENT’S OBLIGATIONS

1.In connection with using the Service, the Client shall:

1.compliance with all provisions of the Terms;
2.compliance with all laws, good practices and generally accepted rules for using the internet;
3.correct provision of the Client’s details, in particular those required during booking;
4.immediate notification of the Service Provider of any security breaches and problems related to the operation or use of the Service;
5.not undertaking any activities threatening the security of the System or third-party computer systems;
6.not using the System, directly or indirectly, for activities contrary to law, good practices or internet-use rules, or infringing third-party rights.

7.LIABILITY

1.The Service Provider is not liable for interruptions in providing the Service caused by failures or malfunctions of IT systems beyond its control.
2.The Service Provider is not liable for inability to use the Service resulting from errors made by the Client when booking, changing or cancelling a reservation.
3.The Client bears sole and full strict liability for all consequences and damage suffered by the Client, the Service Provider or another person in connection with or resulting from:

1.the Client’s breach of any provision of the Terms;
2.the Client’s improper use of the System, in particular use contrary to its intended purpose or the instructions set out in the Terms;
3.failure to secure the Client’s IT systems.
4.The Service Provider neither controls nor verifies, and is not liable for, 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, it is not liable for damage caused by or related to:

1.destruction of, damage to or interruptions in the operation of the Service or software used by the Client;
2.introduction of malicious software (e.g. viruses) or data into the Client’s IT system, including resulting destruction of or damage to the Client’s hardware or software.

5.The Service Provider is not liable for damage caused to the Client in connection with defects in the System, its failure or improper operation, or failures, including inability to use or incorrect operation of the Service caused by failure or improper operation (e.g. a defect or failure) of the System or any of its components.
6.Neither Party is liable for damage caused by force majeure.
7.The Service Provider’s liability for the Client’s loss of profits is excluded.
8.The exclusions or limitations of the Service Provider’s liability set out in the Terms do not apply where mandatory law prevents such exclusion or limitation, in particular to damage intentionally caused to the Client.

8.COMPLAINTS

1.Complaints concerning the Service must be submitted by post to the Service Provider’s registered office or electronically to its email address.
2.A complaint should include the Client’s: first name, surname, address, email address provided when booking, and a description of the problem arising in connection with use of the Service.
3.Complaints will be considered in the order in which they are received by the Service Provider, under the terms described above.
4.The Service Provider will consider a complaint within 14 business days of receipt. Immediately thereafter, it will send the Client a response in the same form as the complaint, to the email or correspondence address provided in the complaint.
5.If the information in a complaint requires completion, the Service Provider will ask the Client to provide it within the deadline set for considering the complaint. In this case, the period referred to in point 8.4 above runs from receipt of the completed complaint by the Service Provider.

9.PERSONAL DATA

1.The controller of Clients’ personal data is “ALBAX” Sp. z o. o. in Kołobrzeg, contactable at iod@kielczanka.pl
2.Providing data is voluntary but necessary to provide the Service.
3.The data subject has the right to:

1.access their data, correct it or withdraw consent at any time (withdrawal does not affect the lawfulness of processing based on consent before withdrawal);
2.request deletion of data (the right to be forgotten);
3.restrict data processing;
4.data portability, where technically possible;
5.object to automated decision-making, including profiling;
6.lodge a complaint with the President of the Personal Data Protection Office.

4.Client-provided personal data will be processed to:

1.provide services supplied by the Controller under Art. 6(1)(b) GDPR;
2.conduct marketing, including sending commercial information by email where the Client consented by selecting the relevant box during booking. Consent to marketing processing and commercial communications may be withdrawn by clicking the relevant link in a received message or sending a request to the Controller’s email address;
3.pursue the Controller’s legitimate interest in specific cases under Art. 6(1)(f) GDPR, e.g. debt collection or video monitoring of movement on the Premises.

5.The legal basis for processing personal data is the contracts between the Client and the Premises and applicable national and EU law governing such processing.
6.The Client’s personal data will be stored for no longer than required by tax law, accounting law and other generally applicable laws.
7.The Client’s personal data will not be processed outside the EEA.
8.The Controller may use automated decision-making, including profiling, for marketing and tailoring its offer.
9.The Controller entrusts personal-data processing to the Service Provider. Data may also be disclosed to authorities and entities authorised by law, and entities providing services to the Controller, e.g. legal, IT, marketing and accounting services, or otherwise involved in providing the Service.
10.The Service Provider and Controller declare that they apply organisational and technical measures ensuring the security of processed personal data.
11.The Service Provider and Controller are not liable for the consequences of the Client providing false or incorrect data if, despite due diligence, contacting the Client is impossible.

10.PROHIBITION OF UNLAWFUL ACTIVITIES

1.The Client may not use the Service provided by the Service Provider for purposes contrary to law, principles of social coexistence, good practices or generally accepted conduct.
2.The Client may use the Service only in accordance with its intended purpose and functionality specified in the Terms.

11.FINAL PROVISIONS

1.The Terms enter into force upon publication on the Premises’ website and apply to bookings made after 2019-06-21.
2.The Service Provider may amend the Terms at any time at its discretion. In particular, it may amend them where:

1.the Terms must be adapted to mandatory law or legal changes affecting their content;
2.the Terms must be adapted to a recommendation, interpretation, ruling, order or decision of a public authority or court affecting their content;
3.the System’s functionality is expanded or changed;
4.new Services are introduced or the scope or nature of Services changes;
5.the technical conditions for providing Services change;
​​​​​​​6.the scope of the Service Provider’s activities changes.

3.To the extent permitted by mandatory law, invalidity of any provision of the Terms does not affect the validity of the remaining provisions.
​​​​​​​4.Any disputes arising from performance of these Terms will be heard by the court having jurisdiction over the Service Provider. This does not apply to contracts with Client Users who are consumers. For clarity, in consumer disputes referred to in this paragraph, the competent court is the court specified by applicable consumer-protection laws.5.Polish law applies. Matters not regulated by the Terms are governed by applicable Polish law, in particular the Act of 23 April 1964, Civil Code (Journal of Laws 2017.459 of 2 March 2017, as amended), the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1907 of 12 October 2017, as amended), and the Act of 29 August 1997 on personal-data protection (Journal of Laws 2016.922 of 28 June 2016, as amended).