Terms and Conditions of Providing E-Services by SATORIA Group S.A.
Service Provider – SATORIA Group S.A. with its seat in Warsaw, at ul. Puławska 2, Budynek B, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under number 0000281121, NIP 527-15-57-591.
User – a natural or legal person that uses the e-Services provided by the Service Provider.
Regular Client – a person benefiting from price discounts when making reservations via the Website due to relevant frequency of stays at hotels whose services may be reserved via the Website.
Services – any e-service offered by the Service Provider for the Users based on these Terms and Conditions.
Website – Internet website allowing on-line accommodation reservation via the reservation system of the Service Provider.
Provision of E-Services – provision of services without simultaneous presence of the parties (remote) through data transmission on an individual demand of the User, sent and received via electronic processing devices, sent, received and transmitted only through telecommunications network within the meaning of the act – Telecommunications Law.
Commercial Information – any information meant directly or indirectly for the promotion of goods, services or an entrepreneur’s image, excluding information allowing communication via electronic communication means with the User and information on products and services not aimed at exerting commercial influence desired by an entity that orders its dissemination.
IT System – a group of IT and software devices working together and ensuring processing and storage as well as sending and receiving data through telecommunications networks by means of an end device appropriate for a given network type within the meaning of the act – Telecommunications Law.
Terms and Conditions – these Terms and Conditions
1. These Terms and Conditions set out rules for the provision of Services by the Service Provider, rights and duties of the Service Provider and the Users in connection with the provision of Services, conditions of personal data protection of individuals using the services and conditions of exclusion of liability of the Service Provider in connection with providing Services.
2. These Terms and Conditions are the Terms and Conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of e-services, available to Users free of charge before the conclusion of an agreement for the provision of Services. The Terms and Conditions have been posted by the Service Provider on the Website pages in a way that allows access to it, its reproduction and saving the contents of the Terms via an IT system used by the User.
3. The Service Provider shall undertake to provide the Services in accordance with the Terms and Conditions.
4. The User shall be obliged to comply with the provisions set out in the Terms and Conditions from the moment of making the first activity leading to using the Services.
5. The Users shall be natural persons having full capacity for acts in law or legal persons.
Technical Conditions of the Provision of Services
1. In order to work with the IT system used by the Service Provider one is required to use popular internet browsers.
2. Proper use of the services offered by the Service Provider via the Website is possible after enabling in the internet browsers operated by the User cookie files and disabling the function of blocking pop-up windows.
Type and Scope of the Services Offered and Provided
The Service Provider shall provide the following Services offered via the Website:
1. Hotel Search Engine – the Service Provider shall make available a hotel search engine in which accommodation reservation may be made through the website and including detailed information on a given hotel, services offered, together with photographs of the building and a description of each room.
2. Reservation System – the Website shall enable Users to book a hotel room in a hotel available in the Search Engine on conditions set out in these Terms.
3. Payments – the Website shall enable Users to make a payment for booking the accommodation on-line through the payu.pl or PayPalwebsite.
4. Contact Form – Users may ask questions to indicated employees of the Service Provider on a special form.
5. Newsletter – the Service Provider shall send the Users, at the indicated e-mail address, information on Websites and the Service Provider.
Conclusion and Termination of the Agreement for the Provision of Services
1. The agreement for the provision of E-Services shall be concluded when the User starts using the Service.
a. The moment at which the Service shall be deemed started, in the case of Services available based on the information provided by the User, is the moment when the User sends the Service Provider a completed form including such information.
b. The moment at which the Service shall be deemed started, in the case of Services available after logging in, is the moment when the User logs onto the Website.
2. The Agreement for the provision of services shall be terminated:
a. if the Service Provider refuses to perform a service – when the User receives a notice of such fact,
b. if the Service Provider performs the Service – at the moment of its performance,
c. in the case of resignation from the Service, allowed under these Terms – when the Service Provider receives a notice of resignation.
3. The Service Provider shall have the right to terminate the agreement for the provision of E-Services and cease the performance of the Service if:
a. the User is in breach of material provisions of the Terms,
b. the User uses the Service in a way that is contrary to its purpose,
c. the User deletes the e-mail account into which the Service Provider sends information,
d. the Service Provider receives repeated notices of overfilling of the User’s inbox, which prevents it from proper provision of the Service.
Provision of the Accommodation Reservation Service
1. The persons who desire to book accommodation via the system available on the Website may do so only after filling in a reservation form and on condition of accepting the Terms.
2. In the reservation form, the User shall provide only true, complete and accurate information.
3. Having filled in the reservation form, the User shall be asked to confirm the correctness of the data entered.
4. The User shall then have the choice of a form of payment for the booked accommodation.
5. Should the User decide to pay for the accommodation directly at the hotel or make the payment for the booking through the payu.pl or PayPal website, the Website shall send a booking confirmation at the e-mail address indicated on the reservation form.
6. The booking confirmation shall be sent at the e-mail address indicated by the User:
a. Automatically – in the case of on-line reservation, if the payment for the accommodation will be made at the hotel,
b. Immediately after the payment – if the User pays on-line,
c. Within 24 hours maximum – in the case of a reservation made „upon inquiry”.
7. The booking confirmation includes only the number of reservation that identifies it.
8. The Service Provider reserves the right not to accept a reservation in the case of no vacancies in a hotel. This pertains to reservations upon inquiry.
9. In the case of no vacancies in the hotel on the days specified by the User, the User shall immediately receive at the indicated e-mail address a notice on the lack of possibility to make a reservation.
10. In the case of reservation for which the User decided to pay directly at the hotel, the reservation made through the Service is valid until 4 p.m. on the day of arrival. After that time, the hotel at which the reservation was made, shall be entitled to cancel it.
11. The aforementioned reservation rules shall apply to the Users making telephone reservation at the Reservation Centre of the Service Provider.
Resignation from the Accommodation Reservation
1. A reservation made by the User may only be cancelled via an e-mail sent at firstname.lastname@example.org including the reservation number provided to the User.
2. A resignation from a reservation shall be effective only if it is made by 4 p.m. on the day when the first hotel day begins, if such a day is a business day. In the case the check-in day is not a business day, the resignation shall be made on the preceding day by 4 p.m.
3. A resignation from reservation made within “Earlier – cheaper” offer shall not oblige the hotel to return the amount paid for the reservation.
4. If the User does not resign from the booked place in the manner set out in paragraphs 1 and 2 above or the User does not arrive at the hotel on the first day of the reservation, the User shall bear the cost of the first day (regardless of the duration of the stay for which the reservation was made).
5. In the case of an earlier payment for the reserved accommodation by a bank transfer, the excess payment resulting from not using the place or reducing the number of days for which the reservation was originally made due to an early check out of the hotel, shall be returned to the User within 7 days of the day on which the User informed about shortening the duration of stay or his/her not coming to the hotel.
Making the Payment
1. All the prices for the services provided by the Service Provider shall be gross prices denominated in Polish zlotys and shall include the goods and services tax.
2. The User making a reservation may pay for the reservation either in person at the hotel, by credit card or via the payu.pl or PayPal payment system.
3. payu.pl and PayPal are a system of servicing on-line payments made for the benefit of the Service Provider.
4. The payment system of payu.pl is owned and operated by PayU S.A. with its seat in Poznań at ul. Marcelińska 90, entered in the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399, NIP 7792308495, REGON 30052344, inital capital PLN 4,000,000.00.
5. payu.pl operates on the basis of Terms and Conditions of payu.pl available at http://www.payu.pl/sites/default/files/regulaminy_i_pliki/REGULAMIN_SYSTEMU.pdf .
6. The payment system of PayPal is owned and operated by PayPal S.a r.l. et Cie, S.C.A., Société en Commandite par Actions, 5th Floor, 22-24 Boulevard Royal, L-2449, Luxembourg, R.C.S. Luxembourg B 118 349
7. PayPal operates on the basis of Terms and Conditions of payu.pl available at www.paypal.pl
8. Payments through payu.pl and PayPal are made via encrypted protocols based on SSL technology.
9. In the case of selecting as a payment method a debit/credit card or electronic transfer by Pay Pal or PayU system the required sum shall be automatically debited from the User’s account.
10. In the case of credit card payment, the hotel can contact your credit card provider to confirm that your card is valid and hasn’t been lost or stolen. check it is valid and that has not been notified of its loss or theft. We may pre-authorise your card. But payment will normally be taken by the hotel during your stay. Except when not apply standard terms of payment. 11. The User shall be obliged to pay at the hotel for any additional services that are not part of the order placed via the Website.
12. The Service Provider shall not charge any additional fees for making payments for reservations via payu.pl or PayPal.
13. A person wishing to obtain a VAT invoice shall be obligated to indicate the fact on the reservation form and to provide data necessary for the issuance of such an invoice.
14. The Service Provider shall issue an invoice on the basis of the data provided by the User on the reservation form.
15. The invoice may be collected by the User only directly at the hotel where the reservation was made.
1. A person wishing to receive an offer for organizing a conference in one of the conference rooms available in the conference room search engine may request an offer using an inquiry form.
2. In order to correctly prepare an offer it is important for the User to fill in all the indicated fields of the form in a way that is true and in line with the User's expectations.
3. An Employee of the Service Provider shall contact the User in connection with the preparation of the offer not later than within 24 hours of sending a correctly completed form.
4. An offer shall be sent in writing at the e-mail address indicated in the form.
1. Each User shall have the right to make use of the contact form meant for asking questions to employees of the Service Provider.
2. When filling in the form, Users shall be asked to select the subject of the question, which will accelerate and facilitate the answer.
3. In the contact form, there is a section “Subject of the inquiry” for the details of the inquiry. Should the User fail to complete the field, it will not be able to use the Service.
4. The Service Provider shall undertake to answer all the questions immediately after their receipt.
5. Using the contact form shall not oblige the User to make use of any other Services provided by the Service Provider.
1. The Service Provider shall enable the Users to receive, in an electronic form, information on the Website and the Service Provider.
2. In order to use the Service, the User shall be required to provide the Service Provider with an e-mail address at which the information is to be sent and tick the “Save” button placed next to the field meant for typing the e-mail address in.
3. The persons who have made their e-mail address available to receive the Newsletter consent to being sent commercial information by the Service Provider.
4. The consent to being sent the Newsletter may be revoked at any time by selecting the “Unsubscribe” option.
Rights and Duties of the Service Provider
1. The Service Provider shall undertake to provide Services continuously via the Website.
2. The Service Provider reserves the right to:
a. temporary discontinuance of Service provision due to maintenance works or works connected with modification of the Website,
b. send at the e-mail addresses of the Users technical notices connected with the provision of Services,
c. delete from the data base of the Service Provider personal data of the User in breach of the provisions of the Terms.
3. The Service Provider reserves the right to any modification of the provided Services, tools and the way in which the Website operates, including the deletion of all the stored data, discontinuance of the Website, assigning rights to the Website on another entity and to take any legal steps in connection with the Website, and the User shall not be entitled to any claims against the Service Provider.
4. The Service Provider may block for an indefinite period of time the possibility to use the Services for the User in breach of the Terms, tarnishing the reputation of the Service Provider or disrupting operation of the Website in any other way.
5. The User that has been deprived of the possibility of making use of the Service shall be liable for the actions he/she has so far taken in connection with the Website, including liability for damages against the Service Provider.
6. The User that has been deprived of the possibility of making use of the Service shall have access only to the contents of the Website pages and has the right to use the Search Engine.
7. The User that has been deprived of the possibility of making use of the Services provided by the Service Provider may not at the same time use the system of accommodation reservation or make payment via the Website.
8. It is forbidden for the User to provide contents of illegal nature and use the Service on the Website contrary to the law, good manners, in a way that infringes personal rights of third parties or reasonable interest of the Service Provider.
9. The Website contains documents, materials and contents that are deemed work within the meaning of the Copyright and Neighbouring Rights Act and are protected under the provisions of the Act. The adopted choice and layout of the presented content are protected separately.
10. The Service Provider does not allow copying, modification, dissemination, transmission or use in any other way any work made available in the Website, excluding authorised private use.
Liability of the Service Provider and the User
1. The Service Provider and the User shall be obliged to redress damage suffered by the other party due to non-performance or negligent performance of obligations arising out of the Terms, unless non-performance or negligent performance was due to circumstances for which the party is not liable.
2. The Service Provider shall not be held liable for any damage caused by a discontinuance of services, in the case that it is the consequence of the lack of effective Service provision due to the User’s fault, e.g. inability to deliver confirmation of completion of a Service due to overfilling of the inbox.
3. The Service Provider shall not be held liable for damages resulting from a discontinuance of Services and deletion of personal data of the User in breach of the Terms.
4. In particular, the Service Provider shall not be held liable for:
a. any damage caused to third parties as a result of using the Services by Users in a way that is contrary to the Terms or the law,
b. information or materials made available on the Website pages, downloaded and sent by Users via the Internet,
c. loss by the Client of his/her data due to external circumstances (e.g. power failure or software failure) or other external factors beyond the control of the Service Provider (e.g. third party acts),
d. damage due to a discontinuance of Service provision being the result of circumstances for which the Service Provider is not liable, in particular: force majeure, performance or omission of third parties,
e. providing by the User false or incomplete information required for the provision of the Service,
f. damage resulting from non-compliance with the Terms by the Users.
1. The Administrator of personal data processed in the Service shall be SATORIA Group S.A. with its seat in Warsaw.
2. The Service Provider shall process personal data of the User to the extent necessary to make, form, amend or terminate the agreement for the provision of Services by the Service Provider and to correctly provide the Services.
3. The data required for the provision of the Service is marked with an asterisk (*).
4. The Service Provider may process the User’s personal data, including the data indicated in paragraph 2 above only when it was granted the User’s consent for the purposes of advertising, market research or client behaviour and preference research, and it may use the results of such research in order to improve the quality of the provided services. Such data may also be processed after the User discontinued use of a given Service.
5. The User may grant the Service Provider consent to use his/her data for marketing purposes, in particular to receive commercial information sent by the Service Provider. Such consent is not required to conclude the agreement for the provision of Services.
6. The Service Provider shall have the right to process the User’s data without his/her prior written consent, for the purposes of marketing its own products and services provided in a form other than via electronic mail. In such a case, the User shall have the right to raise an objection against processing his/her data for such purposes.
7. The Service Provider shall enable Users full performance of their right to access the contents and amend their personal data.
8. The Service Provider represents that providing data with the aim of making it available on the Website is voluntary; however, it is required for making a valid reservation, making payment and issuing a VAT invoice.
9. Access to data inserted by the User in the reservation form is granted to the hotel at which the User wishes to stay.
10. The Service Provider entrusted processing personal data stored on the Website to an entity hosting Internet websites, namely 3code Artur Kmera, ul. Bukowa 16/6, 43-100 Tychy. 3code Artur Kmera shall be authorised to make operations on data only for the purposes of providing hosting services and to the extent necessary for it.
11. The Service Provider shall also use programming services of 3code Artur Kmera, who makes operations on data in order to fulfil the obligations stipulated in an agreement between himself and the Service Provider.
12. The database of Users’ personal data has been notified for registration by the Inspector General for Personal Data Protection (notification No 001852/2008).
1. The User may make complaints about issues connected with the Services.
2. The Service Provider shall only deal with complaints made in an electronic form, sent at email@example.com within 5 days of finalizing the Service or, if the service was not timely provided, within 5 days of the day when it was supposed to be provided.
3. The Service Provider reserves the right to deal with a complaint made by the User within 14 days.
4. The User shall be informed about the acceptance or refusal of its complaint by the Service Provider by an email sent to the indicated e-mail address.
1. These Terms and Conditions shall be effective as of 14 May 2009 and shall supersede the document entitled “Conditions of reservation” so far used by the Service Provider.
2. Should any provision of the Terms and Conditions be deemed invalid by a final court decision, the remaining provisions shall remain in force.
3. The Service Provider reserves the right to amend the Terms and Conditions. Such amendments shall be effective as of the day indicated by the Service Provider.
4. In the case of amendments to the Terms and Conditions, the User shall have the right to terminate an agreement for the provision of services in an electronic form immediately after receiving information on amendments to the Terms, but not later than within 7 days. No termination within that term shall mean that the User accepted the amended Terms. New Terms and Conditions shall be published on the company’s website.
5. In the matters not regulated herein the provisions of the Act on Providing E-Services, Personal Data Protection Act, the Civil Code and other absolutely applicable Polish laws shall apply.
6. Any disputes arising in connection with the performance of the agreement shall be settled by a competent common court having its jurisdiction over the seat of the Service Provider.