Terms of use

of Na Skarpie Hotel

HOTELNASKARPIE.COM WEBSITE TERMS OF USE

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. GENERAL TERMS OF USE
  3. SERVICES AVAILABLE AT HOTELNASKARP.COM
  4. BOOKING OF SERVICES, CONTRACT WITH THE SERVICE PROVIDER
  5. MANNER AND TIMING OF SERVICES
  6. CONTRACT TERMINATION WITH THE SERVICE PROVIDER
  7. LIABILITY OF THE SERVICE PROVIDER
  8. CONTACT WITH HOTELNASKARPIE.COM
  9. CLAIMS AT HOTELNASKARP.COM
  10. STATUTORY RIGHT OF WITHDRAWAL
  11. NON-JUDICIAL CLAIMS HANDLING AND REDRESS
  12. PROVISIONS CONCERNING ECONOMIC OPERATORS
  13. COPYRIGHTS FOR THE WEBSITE
  14. FINAL PROVISIONS

Thank you for visiting our website hosted at https://hotelnaskarpie.com (hereinafter referred to as: “Website“, “Service” or “Hotelnaskarpie.com“).

The wording of these Terms of Use implies the definition of the general terms and conditions for the use of the Website, in particular the terms and conditions under which the use of the functionalities of the Website, bookings of our services and the conclusion and performance of contracts concluded between us and you, shall be effected.

These terms and conditions govern, in particular, the use of the Website and our services, including issues concerning our liability.

Please read the Terms of Use,

Hotelnaskarpie.com team

 

1)  GENERAL PROVISIONS

  1. The owner of the Website is JS NIERUCHOMOŚCI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Ząbkowice Śląskie (address: ul. Działkowca 14A, 57-200 Ząbkowice Śląskie and the following mailing address: 1 Maja 15F, 57-200 Ząbkowice Śląskie), entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000890061; the court of registration where the company records are kept: District Court for Wrocław – Fabryczna in Wrocław, 9th Commercial Division of the National Court Register; share capital amounting to: PLN 6,042,000.00; TAX NUMBER (NIP): 8871813176, REGON (National Business Registry Number): 364347687; e-mail: kontakt@hotelnaskarpie.comand phone number: (+48) 733 455 055 (hereinafter referred to as: “Service Provider”).
  2. The Terms of Use are addressed to all persons using the Website unless a specific provision states otherwise. The provisions of these Terms of Use are not intended to exclude or limit any rights of Consumers and Entrepreneurs on Consumer Rights to which they are entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms of Use and the aforementioned provisions, the latter shall prevail.
  3. The terminology used in these Terms of Use shall have the following meanings:
    1. BLOG– a separate space on the Website where the Service Provider publishes articles and news about the Services, Na Skarpie Hotel, local attractions, and all issues related to the operations of the Service Provider.
    2. NA SKAPRIE HOTEL– the facility managed by the Service Provider at the following address: ul. 1 Maja 15F, 57-200 Ząbkowice Śląskie. Customers may book Services provided as part of Na Skarpie Hotel by the Service Provider.
    3. CUSTOMER, USER– (1) a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who uses or intends to use the Website and concludes or intends to conclude a Contract with the Service Provider.
    4. CIVIL CODE– the Civil Code Act of 23 April 1964 (Dz. U. No. 16, item 93 as amended).
    5. CONSUMER – a natural person for whom the use of the Website (including conclusion of the Contract) is not directly connected with its business or professional activity.
    6. COM – an on-line platform providing support for the Booking Module, available at the link: https://www.kwhotel.com. KWHotel.com is owned by an independent third party to the Website Service Provider.
    7. BOOKING MODULE – an interactive software provided at KWHotel.com on-line platform that allows a Customer to book a room, in particular by selecting the date and other terms of the Services, by filling in his/her personal data and by making the required payments.
    8. COPYRIGHT – Copyright and Related Rights Act of 4 February 1994 (Dz. U. No. 24, item 83 as amended).
    9. ENTREPRENEUR UNDER THE CONSUMER RIGHTS – a natural person for whom the use of the Website (including the conclusion of the Contract) is directly related to his/her business activity when the circumstances indicate that it is not of a professional nature for this person resulting, in particular, from the scope of his/her business activity and made available on the basis of the provisions of the Business Activity Central Register and Information Record.
    10. TERMS OF USE – these Terms of the Website Use.
    11. BOOKING – an intention of a Customer to conclude the Contract for the term and conditions specified in detail in the content of the Booking. Booking is made using the Booking Module available outside the Website at the KWHotel.com platform.
    12. WEBSITE, SERVICE, HOTELNASKARPIE.COM – a website hosted by the Service Provider and available at the following URL https://hotelnaskarpie.com.
    13. CONTRACT – a contract concluded remotely by a Customer with the Service Provider based on a Booking, the subject matter of which are the Services available in the offer of the Service Provider.
    14. SERVICES – accommodation, catering, SPA or other hotel and restaurant services provided by the Service Provider to a Customer at Na Skarpie Hotel as specified in the Booking, the Contract, and these Terms of Use.
    15. SERVICE PROVIDER – JS NIERUCHOMOŚCI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Ząbkowice Śląskie (address: ul. Działkowca 14A, 57-200 Ząbkowice Śląskie and the following mailing address: ul. 1 Maja 15F, 57-200 Ząbkowice Śląskie), entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000890061; the court of registration where the company records are kept: District Court for Wrocław – Fabryczna in Wrocław, 9th Commercial Division of the National Court Register; share capital amounting to: PLN 6,042,000.00; TAX NUMBER (NIP): 8871813176, REGON (National Business Registry Number): 364347687; e-mail: kontakt@hotelnaskarpie.comand phone number: (+48) 733 455 055.
    16. CONSUMER RIGHTS ACT – Act of 30 May 2014 on Consumer Rights (Dz.U. 2014 item 827 as amended).

2) GENERAL TERMS OF THE WEBSITE USE

  1. The User is obliged to use the Website in accordance with its purpose and these Terms of Use, in a manner consistent with the law and good practice, with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider, other Users and third parties. The User is obliged to enter accurate and complete data. The User is restricted from submitting unlawful content. The User is not allowed to use the Website to send unsolicited commercial information (spam) or to take other actions that may disrupt the proper functioning of the Website.
  2. The Service Provider is not liable for the User’s data kept at Hotelnaskarpie.com if it does not know about the unlawful nature of the data or the related activity, and if it receives official notification or obtains reliable information about the unlawful nature of the data or the related activity, it will immediately prevent access to it, pursuant to Article 14(1) of the Act on Rendering Electronic Services of 18 July 2002. (Dz.U. 2002 No. 144, item 1204 as amended).
  3. For the proper use of the Website, it may be required that the User meet the following technical requirements: (1) a computer, a laptop, a tablet or any other multimedia device with Internet access; (2) a web browser in an updated version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (3) recommended minimum screen resolution: 1333×768; (4) enable cookies and Javascript in your web browser.
  4. The use of the Website is subject to the standard risks of the Internet. The primary threat to every Internet user, including those using the services provided electronically at Hotelnaskarpie.com, is the likelihood that your computer system will be “infected” by various types of malware created primarily to cause damage or gain unauthorized access to user data. To avoid risks associated with this, the Service Provider recommends that the User installs in its equipment, used to connect to the Internet, an anti-virus software and keeps it updated by installing the latest versions, as well as updates the Internet browser and the operating system of its terminal equipment.
  5. The Service Provider makes every effort to ensure the correct and uninterrupted functioning of the Website but cannot guarantee that the use of the Website shall be without any technical interruptions or problems. Due to the complexity and the degree of complexity of the Website, as well as due to external factors beyond the Service Provider’s control (e.g., DDOS attacks – distributed denial of service), some errors and technical failures preventing or limiting in any way the functioning of the Website, may occur. In addition to the interruptions caused by errors and technical failures referred to in the previous sentence, there may also be other technical interruptions during which the Service Provider undertakes measures to develop the Website and to protect it from such errors and technical failures.
  6. The Service Provider is the administrator of personal data processed by the Website in connection with the provisions of these Terms of Use, conclusion and performance of the Contract and provision of the Services to Customers. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in Privacy Policypublished on the Website. The Privacy Policy primarily contains rules concerning the processing of personal data by the Service Provider on the Website, including the grounds, purposes and duration of personal data processing and the rights of data subjects. The use of the Website is voluntary. Likewise, the related submission of personal data by a User of the Website is voluntary, subject to the exceptions indicated in the Privacy Policy (e.g., conclusion of the Contract and the statutory obligations of the Service Provider).

3)  SERVICES AVAILABLE AT HOTELNASKARP.COM

  1. Each User may use the Hotelnaskarpie.com Website free of charge under the conditions specified in these Terms of Use.
  2. The Website provides Users with information about the Service Provider’s business and the offer of its Services. If interested, a User may decide to book and purchase the Services presented at the Website.
  3. Any User visiting the Website may view the content published on the Blog without the need to provide any data or perform any other actions. On the Blog, the Service Provider publishes articles and news related to the subject matter of the Website, including those about its Services, Na Skarpie Hotel, and other local attractions. Should there be any doubt, it is assumed that all content available on the Blog is for informational purposes only and does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code.
  4. Should a User decide to book the Services, the User is redirected to an external website hosted by KWHotel.com. The owner of the KWHotel.com platform shall be liable directly to the User for the operation of the Booking Module and other services provided electronically at KWHotel.com, pursuant to the terms and conditions made available to the User while using the Booking Module. The User is obliged to read and comply with the terms and conditions of services rendered electronically as presented in the KWHotel.com Terms of Use, which include detailed terms and conditions for using the Booking Module.
  5. Any provisions of these Terms of Use are not intended to exclude or limit the provisions of the KWHotel.com Terms of Use regarding the terms of use of the Booking Module. These Terms of Use apply exclusively to the Hotelnaskarpie.com website, including the conditions for entering into the Contract and the use of the Services provided by the Service Provider, and do not affect the liability of the owner of KWHotel.com for the operation of this platform and its services. Should the provisions of these Terms of Use conflict with the terms of the KWHotel.com Terms of Use, the relevant provisions of the KWHotel.com Terms of Use shall take precedence in this respect.

4)  BOOKING OF THE SERVICES, CONTRACT WITH THE SERVICE PROVIDER

  1. Should the User intend to book, they will be redirected to an external website with the Booking Module.
  2. The Service Provider stipulates that the Booking Module is hosted by KWHotel.com, an independent third party to the Service Provider. When navigating from the Website to the Booking Module, the User shall read the terms and conditions of use made available by KWHotel.com.
  3. Detailed information about the available Services and their prices shall be provided to the Customer prior to the Booking.
  4. Conclusion of the Contract between a Customer and the Service Provider is available after a Customer has made a Booking through the Booking Module pursuant to the terms of use provided by KWHotel.com. When booking, a Customer is obliged, in particular, to (1) provide correct and accurate data indicated in the form as obligatory; (2) select the Services of interest to a Customer, their quantity, date or period of their performance and possibly provide other information required for a given type of Services; (3) read the applicable rules for using the Services, including the Terms of Use hereunder.
  5. A deposit of the whole or part of the Service price may be required, depending on the Service ordered, of which a Customer shall be informed while booking at the latest. In this case, the acceptance of a Customer’s Booking by the Service Provider is subject to Customer’s payment of the deposit in the amount specified for the relevant Service prior to submitting the Booking. The deposit must be paid no later than before the expiry of the payment session initiated via the Booking Module. Otherwise, the Booking will not be completed and the Customer, intending to conclude the Contract with the Service Provider, should repeat the Booking process as the first time. A Customer may pay the deposit for a Booking using the payment methods currently available in the Booking Module.
  6. Once a Booking is made, the Service Provider shall immediately confirm its receipt and simultaneously accept the Booking for processing. Booking is confirmed and accepted for processing by the Service Provider by sending a relevant e-mail to a Customer’s e-mail address provided in the course of the Booking process, which shall contain at least the Service Provider’s confirmation of the receipt of the Booking and its acceptance for processing, and confirmation of the terms and conditions of the Contract. As soon as a Customer receives the above email, the Contract between a Customer and the Service Provider is concluded.
  7. The content of the concluded Contract shall be saved, secured, and made available to the Customer by (1) making these Terms of Use available at Hotelnaskarpie.com and in the Booking Module prior to the submission of the Booking and (2) by sending the Customer an e-mail as referred to in item 4.6 of the Terms of Use. The information about the Booking made is additionally saved and secured in the ICT system of KWHotel.com.

5)  MANNER AND TIMING OF SERVICES

  1. The manner and timing of the Service depends on the type of Service and the arrangements between a Customer and the Service Provider established upon the accepted Booking. Detailed conditions for the performance of the Service may also be subject to individual arrangements between a Customer and the Service Provider made after conclusion of the Contract.
  2. The price of the Service, after deduction of any deposit paid upon a Booking, is payable in cash or by credit card no later than the date on which the Service Provider performs the Service at Na Skarpie Hotel.
  3. With regard to the Services involving a Customer’s accommodation at Na Skarpie Hotel, the Customer is obliged to use the rented room only for the duration of the stay for which the Contract has been concluded, in the manner specified in these Terms of Use and which corresponds to its properties and purpose, pursuant to the principles of social coexistence, in a manner that does not disturb third parties, including other Customers of the Service Provider. A Customer is obliged to read the detailed terms and conditions of residence provided by the Service Provider available at Hotelnaskarpie.com website and at the hotel reception desk. The Customer shall be obliged to check out of the room which is the subject of the Contract no later than by the end of the check-in/out time on the last day of the stay indicated in the Booking.
  4. Unless otherwise stated in the Contract, a Customer has the right to request an extension of the Contract by contacting the reception desk of Na Skarpie Hotel and indicating the period for which the Contract is to be extended before the end of the original period of stay at the latest. Extension of the Contract is only possible upon consent of the Service Provider if the room has not already been booked by another Customer. The terms and conditions for extending the Contract are agreed individually in such a case between a Customer and the staff at the reception desk of Na Skarpie Hotel.

6)  CONTRACT TERMINATION WITH THE SERVICE PROVIDER

  1. The Contract binds a Customer and the Service Provider until it is executed pursuant to these Terms of Use and the terms of the approved Booking.
  2. Notwithstanding item 10 of the Terms of Use concerning the right of withdrawal from the Contract concluded remotely, the termination of the Contract concluded with the Service Provider may be effected pursuant to other generally applicable provisions of law.
  3. Should the Contract be terminated, a Customer is obliged to reimburse the Service Provider for the expenses incurred by the latter for the proper performance of the Contract, including payment to the Service Provider of a part of the remuneration for the Services corresponding to the work performed to date. The Customer is additionally obliged to compensate the Service Provider for the damage incurred, unless the Contract is terminated by a Customer for an important reason justifying the cancellation of the Service.
  4. Should the price for the Service be paid in full or in part, settlement of the above cancellation costs may be effected pursuant to the law by way of offsetting the mutual obligations of the Service Provider and a Customer resulting from the termination of the Contract.
  5. The provisions of items 6.2 – 6.4 of the Terms of Use are without prejudice to any specific cancellation conditions, if any, which may be specified at the time of booking in relation to the specific Service selected by a Customer. Should the provisions of the Terms of Use conflict with these conditions, the specific cancellation conditions indicated in the description of the Service in the Booking Module shall take precedence.
  6. The Service Provider and a Customer may also terminate the Contract by mutual agreement of the parties upon individually agreed terms.
  7. Notwithstanding any other measures provided by these Terms of Use and generally applicable law, the Service Provider is entitled to terminate the Contract with a Customer only for the following material reasons:
  8. A Customer grossly or persistently violates the provisions of these Terms of Use, or the terms of service specified for a particular Booking.
  9. A Customer is in arrears with any amounts due to the Service Provider.
  10. A Customer’s conduct harms the reputation of the Service Provider, Na Skarpie Hotel, the Services, or the Website.
  11. A Customer fails to cooperate with the Service Provider in order to properly provide the Services, in particular, by providing incomplete, erroneous, false, inconsistent with these Terms of Use or the terms of the Booking, information and statements regarding the Contract that prevent the Service Provider from properly providing the Services.
  12. A Customer’s behaviour significantly interferes with or impedes the ability of other Customers to use the Services.
  13. A Customer by its behaviour poses a threat to the safety of the Service Provider, Na Skarpie Hotel, and other Customers, in particular, by not observing the basic safety rules and conditions of use of the hotel room and other Services at Na Skarpie Hotel.
    1. Should it not be feasible to perform the Services on the agreed date for reasons attributable to the Service Provider (e.g., due to accidents, etc.), the Service Provider undertakes to provide the Services on another date agreed with the Customer. The Service Provider undertakes to inform the Customer immediately about anticipated changes by sending an e-mail to the Customer’s address or by sending a text message to a phone number provided by the Customer. Should the Service Provider’s proposal not be accepted, the Customer is entitled to a refund of the payment for the Booking.
    2. No provision of this item 6 of the Terms of Use is intended to exclude or limit any rights of Consumers or Entrepreneurs under Consumer Rights granted by generally applicable legislation.

7)  LIABILITY OF THE SERVICE PROVIDER

  1. The Service Provider, pursuant to generally applicable legislation, is liable for damages resulting from non-performance or improper performance of the Contract, unless the non-performance or improper performance is due to circumstances for which the Service Provider is not liable. The circumstances for which the Service Provider is not liable may include, in particular, events for which a Customer is solely responsible, fortuitous events, as well as external events and events beyond the control of the Service Provider, the occurrence of which the Service Provider has no part in and which, despite exercising due diligence, could not have been foreseen at the time of concluding the Contract, such as: unexpected power outages, hacker attacks, traffic jams, weather anomalies, natural disasters, floods, fires, earthquakes, epidemics, riots, unrest, wars, acts of the executive and legislative authorities, border and port blockades.
  2. The liability of the Service Provider under warranty against a Customer who is not a Consumer, if such liability could arise in connection with the concluded Contract, is hereby waived.

8)  CONTACT WITH HOTELNASKARPIE.COM

  1. The main ongoing remote communication form with the Service Provider is electronic mail (e-mail: kontakt@hotelnaskarpie.com) and telephone (Phone number: +48 733 455 055), via which information concerning the use of the Website, Booking and performance of the Services may be exchanged with the Service Provider. Users may also communicate with the Service Provider in other ways permitted by law, using its contact details indicated at the introduction of the Terms of Use and at Hotelnaskarpie.com.
  2. Should any technical problems arise in connection with operating the Booking Module, the User shall contact directly the owner of the KWHotel.com platform by using the contact data provided on the website and in the KWHotel.com Terms of Use made available upon booking. The disclaimer referred to in the preceding sentence is not intended to exclude or limit the statutory rights of a User who is a Consumer or an Entrepreneur under Consumer Rights with respect to the potential liability of the Service Provider.

9)  CLAIMS AT HOTELNASKARP.COM

  1. The basis and scope of liability of the Service Provider to a Customer are determined by generally applicable legislation, in particular, the Civil Code. The Service Provider is primarily liable for exercising due diligence in providing the Services.
  2. Claims regarding the Services and other notifications concerning the operation of the Website should be submitted by a Customer/a User directly to the Service Provider, e.g. via electronic mail (e-mail: kontakt@hotelnaskarpie.com) or in person or in writing to the following address:: ul. 1 Maja 15F, 57-200 Ząbkowice Śląskie.
  3. It is recommended that a User/a Customer specify the following in the description of a claim: (1) information and circumstances concerning the subject matter of a claim, in particular, the nature and date of occurrence of a flaw or other irregularity; (2) a User’s/a Customer’s expectations; and (3) the contact details of the claimant – this shall facilitate and expedite the processing of the claim by the Service Provider. The requirements set forth in the preceding sentence are in the form of a recommendation only and shall not affect the validity of claims submitted without the recommended description of a claim.
  4. The Service Provider shall respond to the claim immediately, no later than within 14 calendar days from the date of its submission.

10)  STATUTORY RIGHT OF WITHDRAWAL

  1. This item 10 of the Terms of Use and the provisions contained therein shall apply to Users or Customers who are Consumers.
  2. A Consumer who has concluded a remote Contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, subject to the exceptions referred to in item 10.3 of the Terms of Use and the costs referred to in item 10.7 of the Terms of Use. Sending a declaration to the Service Provider before the deadline is sufficient to meet the deadline.
  3. The right of withdrawal from the Contract concluded remotely does not apply to a Consumer, inter alia, in relation to (1) a contract for the services, provided that the Service Provider has performed the service in full with the express consent of a Consumer who was informed, before the provision of services, that after the service has been completed by the Service Provider, it shall lose the right to withdraw from the Contract; (2) a contract for the provision of accommodation services other than for residential purpose, carriage of goods, catering, car rental, services related to leisure, entertainment, sports or cultural events, provided that the contract specified the date or period of service.
  4. The declaration of withdrawal can be submitted, for example: in person or in writing to the following address: ul. 1 Maja 15F, 57-200 Ząbkowice Śląskie or electronically via email to: kontakt@hotelnaskarpie.com. A Consumer may use a withdrawal form, which constitutes Attachment 2 to the Act on Consumer Rights and an Attachment to these Terms of Use, but it is not mandatory.
  5. The term for withdrawal from the Contract, the subject of which is the provision of the Services, commences from the date of conclusion of the Contract.
  6. Should the Contract concluded remotely be withdrawn effectively, the Contract shall be considered not concluded.
  7. In the case of the Service, the performance of which – at the express request of a Consumer – commenced before the deadline for withdrawal from the Contract, a Consumer who exercises the right to withdraw from the Contract after making such a request, is obliged to pay for the Services performed until the withdrawal from the Contract. The amount of payment shall be calculated in proportion to the scope of performance, including the price or consideration agreed upon in the Contract. If the price or consideration is excessive, the basis for calculating this amount shall be the market value of the service rendered.
  8. The Service Provider is obliged to immediately, no later than within 14 calendar days from the date of receipt of an effective declaration of withdrawal from the Contract by a Consumer, reimburse all payments made by the Consumer. The Service Provider shall reimburse the payments using the same method of payment used by a Consumer unless a Consumer has expressly agreed to a different method of reimbursement that does not involve any costs to a Consumer.
  9. The provisions contained in this item 10 of the Terms of Use regarding a Consumer shall also apply to a User or a Customer who is an Entrepreneur acting under the Consumer Rights.

11)  NON-JUDICIAL CLAIMS HANDLING AND REDRESS

  1. This item 11 of the Terms of Use and the provisions contained therein shall apply only to Users or Customers who are Consumers.
  2. Detailed information about the option of using non-judicial ways of claim handling and redress by a Consumer and the rules of access to these procedures are available at the website of the Office for Competition and Consumer Protection at the following URL:https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  3. A Consumer has the following examples of non-judicial claim handling and redress options: (1) a request for a dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for non-judicial dispute resolution to the regional inspector of the Trading Standards Association (for more information, visit the website of the inspector competent for the Service Provider’s place of business); and (3) the assistance of a poviat (municipal) Consumer Ombudsman or a social organization the statutory tasks of which include consumer protection (e.g. Federation of Consumers, Polish Consumer Association).
  4. URL http://ec.europa.eu/consumers/odrprovides a platform for on-line dispute resolution between Consumers and Entrepreneurs across the EU (the ODR platform). The ODR platform is an interactive and multilingual one-stop-shop website for Consumers and Entrepreneurs seeking non-judicial dispute resolution on contractual obligations arising from an on-line sale or a services contract.

12)  PROVISIONS CONCERNING ECONOMIC OPERATORS

  1. This item 12 The Terms of Use and all the provisions contained therein are addressed to and therefore binding only on a Customer and a User who is not a Consumer, and who is not an Entrepreneur under the Consumer Rights.
  2. The Service Provider is entitled to withdraw from the Contract concluded with a Customer/a User within 14 calendar days from the date of its conclusion. The withdrawal from the Contract in this case may proceed without giving any reason and does not give rise to any claims on the part of a User against the Service Provider.
  3. The Service Provider has the right to limit the available payment methods, including requiring prepayment in whole or in part and regardless of the method of payment chosen by a Customer/a User and the fact of concluding the Contract.
  4. The Service Provider is entitled, at any time, to take action to verify the truthfulness, reliability and accuracy of the information provided by a Customer/a User, in particular, that provided while booking. In terms of verification, the Service Provider is entitled, inter alia, to request a Customer/a User to send scans of certificates, attestations, permits or other documents necessary for verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to withhold the execution of the Booking made by a Customer/a User for the duration of the verification.
  5. Any delay or failure by the Service Provider to perform the Contract shall not constitute grounds for a Customer/a User to withdraw from the Contract or to claim damages for losses suffered or other equivalent payments if the non-performance or improper performance of the Contract was caused by factors for which the Service Provider is not liable and to which it had no part.
  6. The Service Provider shall not be liable to a Customer/a User in any way for damages and non-fulfilment of obligations arising from causes beyond the Service Provider’s control.
  7. The liability of the Service Provider to a Customer/a User, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the costs incurred under the Contract, but not more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence applies to all claims made by a Customer/a User against the Service Provider, including in the absence of any Contract or not related to the Contract. The Service Provider shall be liable to a Customer/a User only for typical damages foreseeable at the time of entering into the Contract and shall not be liable to a Customer/a User for lost profits.
  8. Any disputes arising between the Service Provider and a Customer/a User shall be filed with the court having jurisdiction over the Service Provider’s registered office.

13)  COPYRIGHTS FOR THE WEBSITE

  1. Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, materials, photographs, images, graphics, recordings, works, designs, and signs available as part of it belong to the Service Provider or other authorized third parties and are protected by Copyright and other generally applicable legislation. The protection afforded to the Website extends to all forms of its expression.
  2. The trademarks of the Service Provider and third parties should be used pursuant to applicable legislation.
  3. A User using the Website is not granted any copyright to the material (including text, photos, graphics, etc.) that is accessed while using the Hotelnaskarpie.com pages. The content available on the Website may be used for non-profit purposes only, for a User’s own personal purposes, within the scope specified by these Terms of Use and the provisions of the Copyright Law. A User has no right to copy or share any content from the Website to third parties or to use it for commercial purposes, except as permitted by mandatory law.

14)  FINAL PROVISIONS

  1. The Contracts concluded on the basis of these Terms of Use shall be concluded in the Polish language and pursuant to the Polish law.
  2. The Service Provider reserves the right to amend the Terms of Use for important reasons, i.e.: amendments to the law; amendments to the methods and dates of payment or performance of the Services; amendments to the scope of the Services; addition or removal of the Services; improvement of the quality of the Service or the safety of Users/Customers; amendments to the Service Provider’s data; amendments to the software and functionality of the Website – to the extent that these amendments affect the implementation of the provisions of these Terms of Use.
  3. Amendments to the Terms of Use shall not in any way violate the rights acquired by Users/Customers prior to the effective date of amendments to the Terms of Use, in particular, amendments to the Terms of Use shall not affect the already made or submitted Bookings and concluded, executed, or performed Contracts.
  4. Should continued contracts be concluded on the basis of these Terms of Use, the amended Terms of Use shall be binding upon a User/a Customer if the requirements stipulated in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. a User/a Customer has been correctly notified of the amendments and has not terminated the Contract within 15 calendar days as of the date of notification. Should an amendment to the Terms and Conditions result in the introduction of any new fees or an increase in current fees, a User/a Customer, who is a Consumer or an Entrepreneur under the Consumer Rights, has the right to withdraw from such contract.
  5. In matters not covered by these Terms of Use, generally applicable provisions of the Polish law shall apply, in particular: Civil Code; Act on Rendering Electronic Services of 18 July 2002. (Dz.U. 2002 No. 144, item 1204, as amended); Consumer Rights Act; Copyright Law and other applicable provisions of generally applicable legislation.

We appreciate your attentive reading!

Should there be any questions, we are always at our disposal – please contact us using the details provided in the introduction.

Feel free to cooperate with us,

Hotelnaskarpie.com team

 

 

APPENDIX 1 TO THE TERMS OF USE

WITHDRAWAL FORM

(APPENDIX 2 TO THE CONSUMER RIGHTS ACT)

Withdrawal form

(This form must be filled in and returned only for withdrawal from the Contract)

–    Addressee:

JS NIERUCHOMOŚCI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

  1. 1 Maja 15F, 57-200 Ząbkowice Śląskie

hotelnaskarpie.com

kontakt@hotelnaskarpie.com

– I/We (*) hereby inform (*) about my/our withdrawal from the sales contract for the following items (*) the contract for the delivery of the following items (*) the contract for performance of a specific task (*)/the contract for the provision of the following service (*)

 

–    Date of contract conclusion (*)/acceptance (*) ……………………………………………………………………………………………………………………….

–    First and last name of Consumer(s) ……………………………………………………………………………………………………………………………

–    Address of Consumer(s)  ………………………………………………………………………………………………………………………………………..…

–    Signature of Consumer(s) (only if the form is forwarded in hard copy) ……………………………………….……

–    Date …………………………………………………………………………

(*) Delete as appropriate.

Comfort

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