TABLE OF CONTENTS:
- GENERAL PROVISIONS
- SERVICES AVAILABLE AT HOTELNASKARP.COM
- BOOKING OF SERVICES, CONTRACT WITH THE SERVICE PROVIDER
- MANNER AND TIMING OF SERVICES
- CONTRACT TERMINATION WITH THE SERVICE PROVIDER
- LIABILITY OF THE SERVICE PROVIDER
- CONTACT WITH HOTELNASKARPIE.COM
- CLAIMS AT HOTELNASKARP.COM
- STATUTORY RIGHT OF WITHDRAWAL
- NON-JUDICIAL CLAIMS HANDLING AND REDRESS
- PROVISIONS CONCERNING ECONOMIC OPERATORS
- COPYRIGHTS FOR THE WEBSITE
- FINAL PROVISIONS
Thank you for visiting our website hosted at https://hotelnaskarpie.com (hereinafter referred to as: “Website“, “Service” or “Hotelnaskarpie.com“).
These terms and conditions govern, in particular, the use of the Website and our services, including issues concerning our liability.
1) GENERAL PROVISIONS
- 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: firstname.lastname@example.org phone number: (+48) 733 455 055 (hereinafter referred to as: “Service Provider”).
- 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.
- 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.
- 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.
- CIVIL CODE– the Civil Code Act of 23 April 1964 (Dz. U. No. 16, item 93 as amended).
- 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.
- 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.
- 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.
- COPYRIGHT – Copyright and Related Rights Act of 4 February 1994 (Dz. U. No. 24, item 83 as amended).
- 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.
- 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.
- WEBSITE, SERVICE, HOTELNASKARPIE.COM – a website hosted by the Service Provider and available at the following URL https://hotelnaskarpie.com.
- 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.
- 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: email@example.com phone number: (+48) 733 455 055.
- 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
- 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).
- 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.
- 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.
3) SERVICES AVAILABLE AT HOTELNASKARP.COM
- 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.
- 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) BOOKING OF THE SERVICES, CONTRACT WITH THE SERVICE PROVIDER
- Should the User intend to book, they will be redirected to an external website with the Booking Module.
- 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.
- Detailed information about the available Services and their prices shall be provided to the Customer prior to the Booking.
- 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.
- 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.
5) MANNER AND TIMING OF SERVICES
- 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.
- 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.
- 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
- 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.
- 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.
- The Service Provider and a Customer may also terminate the Contract by mutual agreement of the parties upon individually agreed terms.
- A Customer is in arrears with any amounts due to the Service Provider.
- A Customer’s conduct harms the reputation of the Service Provider, Na Skarpie Hotel, the Services, or the Website.
- A Customer’s behaviour significantly interferes with or impedes the ability of other Customers to use the Services.
- 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.
- 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.
7) LIABILITY OF THE SERVICE PROVIDER
- 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.
- 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
9) CLAIMS AT HOTELNASKARP.COM
- 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.
- 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: firstname.lastname@example.org) or in person or in writing to the following address:: ul. 1 Maja 15F, 57-200 Ząbkowice Śląskie.
- 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.
- 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
- 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.
- 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.
- Should the Contract concluded remotely be withdrawn effectively, the Contract shall be considered not concluded.
- 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.
- 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.
11) NON-JUDICIAL CLAIMS HANDLING AND REDRESS
- 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.
- 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).
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- The trademarks of the Service Provider and third parties should be used pursuant to applicable legislation.
14) FINAL PROVISIONS
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,
(APPENDIX 2 TO THE CONSUMER RIGHTS ACT)
(This form must be filled in and returned only for withdrawal from the Contract)
JS NIERUCHOMOŚCI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
- 1 Maja 15F, 57-200 Ząbkowice Śląskie
– 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.