ONLINE RESERVATION TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES

within the website www.herbalhotel.pl

INTRODUCTION

Hotel Herbal introduces these Regulations in implementation of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended) and undertakes to comply with them.

1. GENERAL PROVISIONS

1.1. The terms used in these Regulations shall mean:

a. The Act – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204),
b. ICT system – a set of cooperating IT devices and software ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of telecommunications law,
c. Electronic services – performance of a service that takes place through sending and receiving data by means of ICT systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, whereby the data is transmitted via public networks within the meaning of telecommunications law,
d. Electronic means of communication – technical solutions, including ICT devices and cooperating software tools, enabling individual remote communication using data transmission between ICT systems, in particular electronic mail,
e. Service Provider – Przedsiębiorstwo Budowlano – Konserwatorskie Castellum Sp. z o.o. – Castellum Klasztor Spółka Komandytowa with its registered office in Wrocław (50-066), ul. Świdnicka 31, entered into the register of entrepreneurs under KRS number 0000760504, kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division, NIP: 8971861832, REGON: 3811929551
f. Service Recipient – an entity using the electronic services of the Service Provider, being a party to the service agreement, who is a natural person, a legal person, or an organizational unit without legal personality, who undertakes to comply with these Regulations. A Service Recipient is also an entity that orders the provision of specific electronic services under the principles set out below. A Service Recipient may also be a Guest at the same time.
g. Gość – osoba korzystająca z usług hotelowych ofertowanych przez Przedsiębiorstwo Budowlano – Konserwatorskie Castellum Sp. z o.o. – Castellum Klasztor Spółka Komandytowa - Osoba ta może być jednocześnie Usługobiorcą.
h. Registration form – an online form placed on the Service Provider’s website, used to register the Service Recipient in the system.
i. Online reservation – a reservation of hotel services made in the system in real time.

1.2. The operator of the website www.herbalhotel.pl is Przedsiębiorstwo Budowlano – Konserwatorskie Castellum Sp. z o.o. – Castellum Klasztor Spółka Komandytowa with its registered office in Wrocław (50-066), ul. Świdnicka 31, entered into the register of entrepreneurs under KRS number 0000760504, kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division, NIP: 8971861832, REGON: 3811929551.

1.3. Before using the electronic services provided by the Service Provider via the website, the Service Recipient undertakes to familiarize himself/herself with these Regulations and declares acceptance of their terms without the need to conclude a separate agreement.

2. GENERAL TERMS OF PROVIDING ELECTRONIC SERVICES.

2.1. The Service Provider provides electronic services to the Service Recipient within the scope and under the conditions specified in these Regulations.

2.2. The Service Recipient undertakes to comply with these Regulations.

2.3. The Service Recipient is obliged to comply with the prohibition of abusing electronic means of communication and not to deliver to or through the Service Provider’s ICT systems any content that may disrupt the operation or overload ICT systems or infringe the rights of third parties, generally accepted social norms, or content inconsistent with universally applicable provisions of law.

2.4. The Service Provider reserves the right to carry out maintenance works on the ICT system that may cause difficulties or prevent Service Recipients from using the electronic services.

2.5. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily suspend or limit the provision of electronic services, without prior notice to the Service Recipient, and to carry out maintenance works aimed at restoring the security and stability of the ICT system.

2.6. The Service Provider ensures the confidentiality of communication for Service Recipients, referred to as “telecommunications secrecy,” which covers information transmitted via the public Internet network, data concerning and entered by Service Recipients only within the Service Provider’s ICT system and only in cases where the information covered by “telecommunications secrecy” is not public by nature or its disclosure is not necessary for the proper provision of the electronic service to which it relates. Information covered by “telecommunications secrecy” may be disclosed only in cases specified in the agreement or in legal provisions.

2.7. Information covered by “telecommunications secrecy” may be processed by the Service Provider only when such processing constitutes the subject of the electronic service provided to Service Recipients, is necessary for its proper performance, or for supervision over the proper functioning of the Service Provider’s ICT system.

2.8. Access to information regarding changes in the manner and scope of electronic services provided by the Service Provider and to information required to be provided to the Service Recipient pursuant to Article 6 of the Act on the provision of electronic services shall be provided via the website and/or via information sent by e-mail.

2.9. In order to ensure proper use of websites and electronic services provided by Hotel Herbal, the Service Recipient’s computer equipment or mobile device must meet the following minimum technical requirements:
Internet access
Installed web browser – Mozilla Firefox recommended
Having a current, active, and properly configured e-mail account
While using the website, cookies are installed in the Service Recipient’s ICT system. A condition for using the website is enabling the installation of cookies.

 

3. TYPES AND SCOPE OF ELECTRONIC SERVICES

3.1. The Service Provider provides electronic services in the following scope:

a. Online reservation of hotel services in the Service Provider’s hotels..
b. Information and promotional electronic services regarding its own products and services or those of business partners and contractors..

3.2. ONLINE RESERVATION

3.2.1. Reservation process

a. Reservations in the www.herbalhotel.pl service are made by performing the actions recommended by the automatic reservation system, completing the registration form, and ordering the required payment, if required by the pricing conditions of the offer.
b. The Service Recipient bears full responsibility for the consequences resulting from providing incorrect data in the form.
c. Prices presented in the system are given per room per 1 night and include VAT. They may also include other services specified in the description of the offer price. If an offer includes breakfast or other additional services, such information is provided in the description of the price displayed in the system during the reservation process. For services not included in the order (e.g. additional nights, parking), payment must be made on site by the client.
d. The settlement currency is the Polish zloty (PLN). Prices presented in another currency are for informational purposes only, and any differences may result from exchange rate discrepancies applied by the Service Recipient’s credit card settlement center or bank.
e. In the case of payment by bank transfer, all related fees shall be borne by the Service Recipient.

3.2.2 Payments and issuing of invoices

a. Payments are made directly during the online reservation process. If payment is required as a condition for confirmation, the Service Recipient will be informed thereof. A reservation is considered guaranteed only after a prepayment in the amount specified by the hotel has been made. The amount of the prepayment is specified in the pricing offer conditions.
b. In the case of a reservation not requiring prepayment or where the prepayment does not cover 100% of the reservation value, the Service Recipient is obliged to make payment in accordance with the conditions of the pricing offer.
c. Credit card authorization and payment settlement are handled by an external entity via a direct connection with the payment card settlement agent’s server..
d. Hotel Herbal is obliged to issue a VAT invoice in accordance with applicable Polish tax law..

3.2.3. Reservation confirmation

a. A reservation is considered made at the moment the system assigns a reservation confirmation number.
b. The www.herbalhotel.pl website confirms the reservation automatically after payment or without payment, if permitted by the pricing conditions of the offer. The reservation confirmation message is generated on the Service Recipient’s screen.
c. Additionally, the system automatically generates a confirmation e-mail sent to the Service Recipient’s address provided in the form.

3.2.4. Scope of responsibility of the service operator

a. For security reasons or for any other reasons beyond the operator’s control, the operator has the right to temporarily suspend access to the service for the period necessary to eliminate existing threats or irregularities..
b. If, during the provision of the electronic service, the Guest finds improper performance of the agreement (i.e. inconsistent with the reservation conditions and the description of the service or product posted on the system’s websites), the Guest should immediately notify the service provider.

3.2.5. Conditions of changes and cancellation

a. A reservation may be cancelled in accordance with the conditions specified directly with the given pricing offer.
b. Any change or cancellation of a reservation should be made in the system.
c. If the cancellation concerns a special offer reservation, the conditions specified directly with that offer shall apply.
d. A refund shall be made in a form corresponding to the method of payment used.
e. The refund shall be made no later than within one week (7 days) from the day on which the person making the reservation intended to start using the service.

3.3. INFORMATION AND PROMOTIONAL ELECTRONIC SERVICES REGARDING THE SERVICE PROVIDER’S OWN PRODUCTS AND SERVICES, BUSINESS PARTNERS, OR CONTRACTORS

3.3.1. Information and promotional electronic services provided via www.herbalhotel.pl include:

a. Newsletter subscription
b. Contact with individual hotels belonging to Przedsiębiorstwo Budowlano – Konserwatorskie Castellum Sp. z o.o. – Castellum Klasztor Spółka Komandytowa for the purpose of obtaining information about the electronic services and hotel services provided by them.

3.3.2. Newsletter subscription

a. Newsletter subscription covers persons who ordered this electronic service via a form on the Service Provider’s website.
b. Ordering the electronic service includes entering a correct e-mail address in the form and confirming the subscription by accepting the e-mail automatically sent to the provided e-mail address.
c. It is possible to unsubscribe from the Newsletter at any time.

3.3.3. Contact with individual hotels in order to obtain information about the services provided by them.

a. Completing the data in the contact form posted on www.hotelherbal.pl constitutes sending an inquiry to the appropriate department of Hotel Herbal.
b. The Service Recipient will receive a response from the appropriate department or employee of Hotel Herbal.

 

4. CONDITIONS FOR CONCLUDING AND TERMINATING AGREEMENTS

4.1. In the case of booking a hotel service of the Service Provider, the agreement is concluded upon receipt by the Service Recipient of the reservation confirmation, including the reservation confirmation number.

4.2. Cancellation and termination of the hotel service agreement are possible under the conditions specified directly with the pricing offer of the booked hotel service.

4.3. The Service Recipient is not entitled to withdraw from the hotel service reservation agreement pursuant to Article 38 point 12 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).

4.4. If the Service Recipient consents to the provision of information and promotional electronic services, the Service Provider undertakes to send or publish the Newsletter only after such consent has been given.

4.5. Promotional or commercial information is considered ordered if the Service Recipient has consented to receive such information by registering in the Service Provider’s IT system, in particular by providing an identifying electronic address.

4.6. The Service Recipient may at any time resign from receiving offers or modify settings via the Newsletter or by direct contact via the Service Provider’s e-mail.

4.7. The resignation referred to above is equivalent to termination of the agreement for the provision of electronic services in the scope of information and promotional electronic services.

4.8. The Service Recipient has no right to provide the Service Provider with unlawful content.

 

5. PERSONAL DATA PROTECTION

5.1. Through www.hotelherbal.pl, data is collected via completed forms. The form contains required fields necessary for processing and additional fields that may be completed by the Service Recipient. Data provided in the form is processed for purposes resulting from the function of the specific form.

5.2. Data is processed by Przedsiębiorstwo Budowlano – Konserwatorskie Castellum Sp. z o.o. – Castellum Klasztor Spółka Komandytowa in accordance with Regulation (EU) 2016/679, the Act on the provision of electronic services, the Telecommunications Law, and the Privacy Policy.

5.3. You have the right to request access to your personal data, rectification, erasure, restriction of processing, data portability, objection, and withdrawal of consent at any time without affecting the lawfulness of processing carried out before withdrawal. You also have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data violates Regulation (EU) 2016/679.

5.4. Providing personal data by the Service Recipient is completely voluntary.

5.5. Detailed rules of personal data protection are included in the Privacy Policy, which constitutes an integral part of these Regulations.

5.6. By using in any way the websites belonging to the Service Provider, the Service Recipient accepts the rules contained in the Privacy Policy published on www.herbalhotel.pl

5.7. Personal data shall not be subject to automated decision-making, including profiling.

5.8. In matters concerning personal data protection, contact is possible at the e-mail address: marketing@herbalhotel.pl

5.9. Recipients of personal data shall be authorized persons, processing entities with whom appropriate data processing agreements have been concluded, and entities resulting from legal provisions.

 

6. CONSENT TO PERSONAL DATA PROCESSING

6.1. The Service Provider informs that pursuant to Article 6 of Regulation (EU) 2016/679, it is entitled to process the Service Recipient’s personal data for purposes related to the performance of online reservations and electronic services in hotels operated by the Service Provider. Personal data is obtained through registration or login to the system.

6.2. The personal data controller is Przedsiębiorstwo Budowlano – Konserwatorskie Castellum Sp. z o.o. – Castellum Klasztor Spółka Komandytowa.
The Service Recipient has the right to access and correct their personal data.

6.3. The Service Provider ensures that it will not send commercial information by electronic or telephone means within the meaning of the Act of 18 July 2002 on the provision of electronic services, except for commercial information to which the Service Recipient has given consent through registration via the Registration Form available on the Service Provider’s website.

7. COMPLAINT PROCEDURE

7.1. Complaints may be submitted in the event of:

a. Failure by the Service Provider to meet the agreed commencement date of the electronic service,

b. Non-performance, improper performance, or incorrect settlement of electronic services.

7.3. Complaints may be submitted within 30 days from the date on which the electronic service was or was to be provided

8. FINAL PROVISIONS

8.1. In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on the provision of electronic services, and other generally applicable provisions of law shall apply.

8.2. The Service Provider reserves the right to amend these Regulations, with the proviso that reservations made before the amendment shall be governed by the version of the Regulations in force at the time of placing the order by the Client.