REGULATIONS GOVERNING SERVICES PROVIDED BY ELECTRONIC MEANS at the Hotel Gołębiewski in Białystok, within the Internet service:
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1 REGULATIONS GOVERNING SERVICES PROVIDED BY ELECTRONIC MEANS at the Hotel Gołębiewski in Białystok, within the Internet service: INTRODUCTION Tadeusz Gołębiewski conducting business activity under the name HOTEL GOŁĘBIEWSKI TADEUSZ GOŁĘBIEWSKI, introduces these regulations implementing the provisions of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text - Journal of Laws of 2016, item 1030) and undertakes to comply with it. 1. General provisions Terms used in these Regulations mean: a) Booking Form - an on-line form provided on the Service, used to book on-line hotel services, b) Hotel Gołębiewski - hotel run by the Service Provider in Białystok at ul. Pałacowa 7, c) Consumer - a natural person performing a legal transaction with the Service Provider not directly related to his/her business or profession, d) Regulations - these regulations governing services provided by electronic means in Gołębiewski hotels through the Service: e) On-line Booking - booking hotel services using the computer System, in real time, f) Service - a website of the Service Provider available at: g) ICT system - a group of cooperating IT devices and software ensuring the processing and storage, as well as sending and receiving of data via telecommunication networks by means appropriate for the given type of network, within the meaning of Act of 16 July 2004 Telecommunications Law (Journal of Laws of 2014, item 243, as amended), h) Electronic communication means - technical solutions, including ICT equipment and the related software, enabling individual distance communication using data transmission between ICT systems and, in particular, electronic mail, i) Services provided by electronic means - performance of a service provided in the absence of the parties (remote service) through transmission of data on individual demand of the Customer, transmitted and received by means of devices for electronic processing, including digital compression, which is entirely broadcasted, received or transmitted by means of the telecommunication network, within the meaning of the Act of 16 July 2004 the Telecommunications Law (Journal of Laws of 2014, item 243, as amended), j) Service Provider: Tadeusz Gołębiewski conducting business activity under the name HOTEL GOŁĘBIEWSKI TADEUSZ GOŁĘBIEWSKI with its registered office in Białystok at ul. Pałacowa 7, under No. NIP , Regon: ; phone 85/ fax 85/ , e- mail: bialystok@golebiewski.pl, entered in the Central Register and Information on Business Activity kept by the Minister of Development. k) Customer - an entity using the services provided by the Service Provider, who is a party to a service contract, being a natural person, a legal person or an organisational unit without legal personality who undertakes to comply with these regulations. An entity that orders the provision of certain services by electronic means in accordance with the rules set in the Regulations is also the Customer, l) Act - the Act on the provision of services by electronic means (consolidated text - Journal of Laws of 2016, item 1030), m) Act on Consumer Rights - Act of 30 May 2014 on consumer rights (consolidated text - Journal of Laws of 2014, item 827, as amended),
2 m) Act on protection of personal data - Act of 29 August 1997 on protection of personal data (consolidated text - Journal of Laws of 2016, item 922) Tadeusz Gołębiewski conducting business activity under the name HOTEL GOŁĘBIEWSKI TADEUSZ GOŁĘBIEWSKI with its registered office in Białystok at ul. Pałacowa 7, under No. NIP , Regon: ; phone 85/ fax 85/ , bialystok@golebiewski.pl, entered in the Central Register and Information on Business Activity kept by the Minister of Development is the Service Operator The Customer, before taking advantage of the services provided by the Service Provider with the use of the Service, undertakes to read these Regulations and declare that accepts their terms without the need to draw up a separate agreement. 2. General terms and conditions of provision of services by electronic means The Service Provider provides services to the Customer within the scope and under the terms set in these Regulations The Customer undertakes to comply with these Regulations. 2.3 The Customer is obliged to respect the prohibition to abuse electronic means of communication and to refrain from providing via or to Service Provider's ICT system any content that may interfere with or overload the ICT system and violate the rights of third parties, generally accepted social standards, or any content violating applicable law The Service Provider reserves the right to carry out maintenance of the ICT System, which may cause difficulties or prevent the Customers from using the services. The Service Provider shall inform the Customers about any difficulties associated with the use of its services at least 24 hours before starting the maintenance work, through by placing a relevant message on the Service In special cases when the security or stability of the ICT System is at risk, the Service Provider is entitled to temporarily cease or restrict the provision of services without prior notice to the Customers and to carry out works aimed at restoring the security and stability of the ICT system. The Service Provider shall inform the Customers about any difficulties associated with the use of services by placing a relevant message on the Service The Service Provider warns that the use of the Services provided by electronic means may involve risks. Possible risks associated with the use of these services, as well as technical means available to the Customers aimed to minimise them, are described in "Information on the specific risks associated with the use of the Services provided by HOTEL GOŁĘBIEWSKI", constituting Appendix 1 hereto In order to use the Service and the Services provided by electronic means by the Service Provider, it is necessary to have access to the following tools and to meet the following minimum technical requirements: a) having a device (computer or mobile device) with a minimum screen resolution of 1024x768 providing Internet access, b) having an up-to-date, active and properly configured account, c) using one of the following web browsers Mozilla Firefox version 50.0 or later with Java Script enabled, accepting cookies or
3 Internet Explorer version 11 or later with Java Script enabled, accepting cookies or Google Chrome version 54 or later with Java Script enabled, accepting cookies or; When using the Service, cookies are installed in the ICT system of the Customer. In order to use the Service it is necessary to enable the installation of cookies in accordance with the principles set in the Privacy Policy. 3. Types and scope of services provided by electronic means The Service Provider provides services by electronic means in the following areas: a) on-line booking of hotel services in Hotel Gołębiewski, b) information and promotion services related to own products and services On-line booking 3.2. A. Booking Process: a) On-line booking of hotel services is made by performing operations recommended by the automatic booking system, including filling in the booking Form, where the Customer is asked to select the duration of stay, number of persons (divided into adults and children), to choose the price offer, then the Customer is asked to choose the calculated price offer, provide his/her data as specified in item b) below, and order the required payment. b) When booking the hotel services, the Customer is obliged to provide correct data and correct information in the Booking Form, and the costs calculation will be performed on this basis. The Customer is obliged to provide in the Booking Form the following contact details: name and surname, address, mobile phone number, and is asked to declare that he/she has read the terms and conditions of the booking set in the Regulations and accepts them by ticking an appropriate box on the Booking Form, and is asked if he/she agrees to receive commercial information by electronic means by ticking an appropriate box in the Booking Form (optional consent). Hotel services may be booked by pressing the RESERVE button on the Booking Form. c) After booking, in accordance with item b) above, the Service Provider sends automatically and immediately, to the address of the Customer as indicated on the Booking Form, the booking confirmation, with confirmation of the conditions of the price offer, booking number, name and surname of the person who has made the booking, stay duration, number of rooms, offer name, price for the stay, and payment terms. d) The Customer is liable for the consequences resulting from the provision of incorrect data in the Booking Form. e) Prices presented in the system represent the sum of the price for the room and the number of nights and the number of guests using the hotel service, and include VAT. They may also include other services detailed in the offer price description. If any offer includes breakfast or includes other additional services, appropriate information is provided in the description of the price displayed on the system during the booking process. For the services not covered by the order (e.g. extra accommodation, parking) the charge must be paid by the Customer on site. f) The booking is made on behalf of the Customer, who will make the payment. g) The last step, ending the booking process, is to redirect to a credit card or bank transfer page. h) The booking is deemed to be confirmed after a payment of the deposit in minimum amount of 50% to the bank account of Hotel Gołębiewski within the term indicated on the booking confirmation referred to in item c) above.
4 i) The booking should be confirmed by paying the deposit, and the lack of the payment shall result in booking cancellation. j) In order to cancel or change the booking, please contact the reception of Hotel Gołębiewski by phone 85/ or by at or k) The change of the date of the booking is free if performed at least 2 days before the planned arrival at the Hotel Gołębiewski. l) Booking cancellation is free if performed at least 2 days before the planned arrival at the Hotel Gołębiewski the Service Provider shall reimburse the paid deposit to the Customer to the same bank account number, from which the Customer has paid the deposit, within 5 working days from the receipt of the written cancellation of the booking including the confirmation of the bank account number to which the reimbursement should be executed m) In case of the booking cancellation after the deadline indicated in item 3) above or in case that the Customer does not arrive at the Hotel Gołębiewski at the start of the stay - the Service Provider shall charge the Customer with the first day costs of the reserved room (or rooms) and shall reimburse the remaining amount of the deposit paid by the Customer, to the same bank account from which the Customer has made the transfer of the deposit. n) Shortening the stay at Hotel Gołębiewski is treated as a cancellation after the deadline indicated in item I) above and results in the payment of the full amount for the declared stay in Hotel Gołębiewski. o) Polish zloty (PLN) is applicable for the settlements with Hotel Gołębiewski. 3.2.B. Payments and invoices issue: Payments are made directly during the on-line booking process or later to the bank account indicated on the booking confirmation sent to the address of the person making the booking. a) Booking is considered as guaranteed only after payment of the deposit. b) Authorisation of credit cards and settlement of payments is provided by the external entity through a direct connection with the server of the payment card settlement agent. c) The Service Provider is obliged to issue VAT invoices in accordance with the tax legislation applicable in Poland. 3.2.C. Implementation of the Contract a) In the event of detecting, during the term of the service, the faulty implementation of the contract (i.e. inconsistent with the terms of booking and description of the service/product provided in the Service), the Customer should immediately notify the Service Provider thereof by calling 85/ ; internal phone to the reception from the room or by sending a notification to the rez.bia@golebiewski.pl 3.3. Information and promotion services for the Service Provider's own services and products. 3.3.A. Information and promotion services provided through the Service include subscription to the Newsletter. 3.3.B. Newsletter Subscription a) Newsletter subscription covers people who order this service by filling in the form available on the Service. b) The Newsletter subscription may be ordered by means of: entering name and surname, phone number, and valid address to the form, and confirming the subscription by
5 approving an automatically sent at the provided address, as well as by filling in the Booking Form and giving one's consent to receive commercial information by electronic means. 4. Terms of conclusion and termination of contracts In the case of booking a hotel service provided by the Service Provider, the contract is concluded upon receipt of the booking confirmation by the Customer, including the receipt of the booking number The Customer does not have the right to withdraw from the contract for the hotel service booking, in accordance with Art. 38(12) of the Consumer Rights Act In the event that the Customer agrees for being provided with information and promotion services, the Service Provider undertakes to send the Newsletter to the address specified by the Customer It is possible to unsubscribe to the Newsletter at any time, by sending a request to the following address bialystok@golebiewski.pl 4.5. The resignation referred to in paragraph 4.4. above is equivalent to the termination of the contract for the provision of the services by electronic means within the scope of provision of information and promotion services The Customer does not have the right to deliver any unlawful content to the Service Provider. 5. Personal Data Protection Personal data are collected on the Service when filling in the Booking Form or filling in the Newsletter subscription form. The Booking Form contains obligatory fields, which must be filled in to make the booking. The data provided in the Booking Form are processed for the purposes of the form. The Newsletter subscription form contains obligatory fields, which must be filled in to receive the Newsletter. The data provided in the Newsletter subscription form are processed for the purposes of the form Data are stored and processed by the Service Provider in accordance with the provisions of the Act on the personal data protection and the Privacy Policy posted on the Service The Customer is entitled to have access to his/her respective data and to correct or delete such data The Customer provides personal data voluntarily, however they are necessary for booking the hotel service or for subscribing to the Newsletter By using the Service in any way, the Customer accepts the rules included in the Privacy Policy published on 6. Complaints procedure Complaints concerning the technical aspects of the functioning of the services as well as other issues related to the services may be sent to the address: bialystok@golebiewski.pl; or in writing to the Service Provider address The complaint should be submitted not later than within 7 days from the date on which the cause of the complaint has occurred.
6 6.3. Each complaint should contain a brief description of the problem that is the basis for the complaint, the date and time of its occurrence and indication of the Customer The Service Provider shall do its best to ensure that complaints are handled within 30 days from their receipt by the Service Provider. The Customer shall be informed immediately about the complaint outcome by to the address provided in the complaint. 7. Intellectual property rights The Service Provider and third persons who agreed to the dissemination of the content posted in the Service and being a component of the Services provided by electronic means, are the owners of all rights to that content No part of the publication (content such as: text, graphics, logos, icons, pictures, images, audio, video, data files, presentations, software and all other data) presented on the Service may be reproduced or distributed in any form and in any way without the prior consent of the Service Provider. 8. Final provisions In cases not governed by these Regulations, the provisions of the Act of 23 April 1964, the Civil Code (consolidated text - Journal of Laws of 2016, item 380, as amended), Athe ct on the provision of services by electronic means (consolidated text - Journal of Laws of 2016, item 1030) and other provisions of applicable legislation shall be applicable The Service Provider reserves the right to make changes to the Regulations, provided the booking made before the change of the Regulations is covered by previous version of the Regulations, applicable at the time of booking by the Customer Changes to the Regulations may not affect the rights acquired by the Customers before the Regulations have been amended Information about the change of the Regulations shall be published on the Website Information about the change of the Regulations shall take place not later than 7 calendar days before the change of the Regulations becomes effective Regulations publication date
7 Appendix 1 to the Regulations governing services provided by electronic means in Hotel Gołębiewski in Białystok through the service: Information about specific risks associated with the use of electronic services by the Customers provided by Hotel Gołębiewski in Białystok. Every Internet user, including persons using the services provided by electronic means, is at risk of "infection" of ICT system by various types of software designed primarily to cause damage, such as viruses, "worms" or "Trojan horses". Operation of the global Internet network depends on the services of many entities. The operation and availability of the Internet is beyond the control of the Service Provider, and electronic communication is exposed to interference by third parties. To avoid the related risks associated, it is important for the Customer to use anti virus software on the computer or mobile device, which he/she uses to connect to the Internet and to update such software, by installing the latest version immediately after its publication. The Service Provider is constantly taking steps to improve the security of communication with the Service and to improve the use of the Service. However, it is not able to completely eliminate the risk of third-party interference. The Service Provider also informs that the specific risks associated with use of electronic services, included the one described in the Regulations, are associated with the activities of so-called hackers aiming to compromise both the Service Provider's system (e.g. attacks on its site), and the Customer s system. Users executing so called "Electronic Payments" via the Internet should especially protect information containing bank account numbers, credit card numbers against disclosure to third parties.
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