TERMS AND CONDITIONS OF BOOKING HOTEL ROOMS, OTHER HOTEL SERVICESTHE

AND GUEST STAYS ATBlack & White Myślenice HOTEL

INTRODUCTION
  1. These regulations specify the rules for the provision of Services by the Service Provider, the rights
and obligations of the Service Provider and the Recipients related to the provision of Hotel Services and additional services, the principle of personal data protection using them and the rules for excluding the Service Provider’s liability for the provision of Services.
  1. The Regulations have been placed by the Service Provider on the Service Provider’s websites
in a way that allows obtaining, reproducing and recording the content of the Regulations using the ICT system used by the Service Recipient.
  1. General provisions
  2. The terms used in these Regulations mean:
  3. ICT system – a set of cooperating IT devices
and software, ensuring processing and storage, as well as sendingand receiving data through telecommunications networks by means of an end device appropriate for a given type of network within the meaning of telecommunications law,
  1. a distance contract – a contract concluded with the consumer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication until the conclusion of the contract,
c . Means of electronic communication – technical solutions, including ICT equipment and their associated software tools, enabling individual distance communication using data transmission TIM y ICT systems, in particular electronic mail,
  1. Service Provider –  Hotel data
  2. Service Recipient – an entity being a natural person, a legal person or an organizational unit without legal personality, using the services of the Service Provider, the Service Recipient may also be a Guest,
  3. Guest – person using the hotel or additional services offered by the Hotel. This person can also be a Service Recipient,
  4. Registration form – an online form placed on the Service Provider’s website, used to register the Service Recipient in the system,
  5. Online booking – booking of hotel services in the system in real time using the website. blackandwhitehotel.pl reservation engine (Internet Booking Engine),  
  6. The Service Recipient is obliged to read these Regulations and confirm that they accept its terms before using the services provided by the Service Provider, including using the website and the booking engine.
  7. How to make a reservation
  8. In order to make an online reservation, via the ICT system used by the Service Provider, it is necessary to use commonly used Internet browsers.
  9. The correct use of the services provided by the Service Provider via the ICT Service is possible after enabling the option of accepting “cookies” in the web browser used by the Customer and disabling the pop-up blocker.
  10. The Service Provider provides services to the Customer in the scope and under the conditions set out in these regulations.
  11. The Client undertakes to comply with these regulations.
  12. The Service Provider reserves the right to conduct maintenance works on the ICT system that may cause temporary difficulties or prevent the Service Recipients from using the ICT Website.
  13. Reservation of a stay can be made through:
  14. The Hotel’s website and booking engine (Internet Booking Engine) located on the Service Provider’s website,
  15. placing an order for a stay at the Hotel in writing, by fax or electronically (e-mail),
  16. making a phone call,
  17. personal, written confirmation of a reservation at the Hotel Reception, the so-called direct street booking.
III. Booking process
  1. Online reservations are made by completing the actions recommended by the automatic booking system, completing the registration form and making the required payment.
  2. The Customer is solely responsible for the consequences of providing incorrect data by the Service Recipient in the forms.
  3. The prices presented in the system are given for a room for 1 night hotel and include VAT. They may also include other benefits specified in the offer description. If the offer includes breakfast or other additional services, such information is provided in the description of the price displayed in the system when making the reservation. For services not covered by the contract (e.g. additional catering services), payment must be made on-site by the Guest.
  4. The payment unit is the Polish zloty (PLN).
  5. In the event of payment by bank transfer, all fees for making it shall be borne by the Customer.
  6. After making the reservation in the manner specified in Part II para. 6 lit. no above, the Hotel will send to the correspondence address, e-mail address or fax number provided by the Customer an authorization document, specifying the validity of the offer and the amount of the non-returnable deposit (non-returnable prepayment) required for the booked stay, which is accepted by making the payment indicated in the authorization document monetary.
  7. Price for hotel services and additional
services. The price list of hotel accommodation / rooms / stay packages of the Hotel is available on the Hotel website, containing current prices at the date of booking and in the so-called booking engine, also available on the hotel website. Prices available on the Hotel website are given for a room for one hotel night with breakfast (booking engine) or for the so-called residence package (prices and packages), including the price with breakfast, half board with or without additional services. Prices may also include other services specified in the offer description. If the offer includes breakfast or includes other additional services, such information is provided in the description of the price displayed in the system when making the reservation or in the Authorization Document sent to the Customer. 
  1. Making payments and invoicing
  2. Payments are made directly during the online booking process. Making a payment is a condition of confirmation, which the Service Recipient is informed about. The reservation is considered to be made only after making a prepayment in the amount set by the Service Provider. The amount of the prepayment is determined in the terms of the price offer.
  3. The Recipient reserving a hotel room may pay the amount of non-returnable prepayment (non-returnable deposit) referred to above in the form of a bank transfer, e-transfer, cash or a charge on the credit card with the written consent of the Service Recipient.
  4. Non-returnable prepayment (non-returnable deposit) should be paid within the time limit specified in the Authorization Document.
  5. Credit card authorization and payment settlement is handled by an external entity through a direct connection to the payment card settlement agent server.
  
  1. The Service Provider issues VAT invoices in accordance with the tax regulations in force in Poland.
  2. In the case of personal rental of a hotel room directly at the Hotel Reception (so-called direct street booking), the Hotel reserves the right to collect a non-returnable deposit (or non-returnable prepayment) directly by charging the credit card at the Guest’s check-in (in the presence of the Guest), if payment for the stay is to be made using a credit card. In the event of a cash payment, payment for the stay is made in advance. In this situation, the form of “non-returnable prepayment” also applies.
  3. The settlement period in the Hotel is seven days, which means that each Customer who book a stay longer than 7 days is obliged to settle the payment for the used stay and services within 7 days from the date of the beginning of the stay. The Service Provider, in justified cases, reserves the right to request an increase in the amount of credit security on the Customer’s credit card or to pay the amount due for staying at the Hotel at an earlier date.
  4. The use of additional hotel services by the Customer on the basis of the so-called “Hotel credit” enabling making credit orders (“room bill”) for services accompanying the guest’s stay, can only take place after providing the Hotel Reception with the guest’s credit card number with its expiry date, with the guest’s consent to be charged or preauthorised. The “Hotel Loan” may also be opened if a cash deposit is made at the reception of the Hotel – up to the amount of the deposit. The calculation of the value of the ordered hotel services takes place in accordance
with the Hotel Price List and / or Special Offers binding on the date of the order.
  1. Confirmation of reservation
  2. The reservation is considered to have been made when the online reservation system assigns the reservation confirmation number or when the guest receives a written confirmation of the reservation from the Hotel Reception, subject to the provisions of point VI bd below.
  3. The reservation is considered to have been made upon the Customer having completed a non-returnable prepayment (non-returnable deposit) for staying at the Hotel, in accordance with the declared duration of stay. Payment for the stay can be made in cash, by bank transfer and by withdrawing funds from the credit card with the Guest’s consent.
  4. In addition, the online reservation system automatically generates confirmation by e-mail sent to the Customer’s address provided in the form.
  5. Lack of non-returnable prepayment (non-returnable deposit) within the period specified in the Authorization Document shall be deemed the Customer’s resignation from the reservation of hotel services and shall result in the acceptance that the parties have not concluded an effective contract for the provision of hotel services.
VII. Terms of changes and cancellations.Exceptionally – with the written consent of the Service Provider – it is possible to change or cancel the reservation, however only for valid reasons, justified and documented by the Guest in writing on the terms set out below.Cancellation conditions:In the event of cancellation of the booked stay, the Guest will be charged a cancellation fee of
  1. 25% of the value of the booked stay in the event of cancellation of the stay 60 daysand more before planned arrival
  2. 50% of the value of the reserved stay in the event of cancellation between59th and 30th day before the planned arrival
  3. 75% of the value of the booked stay in case of cancellation between 29th and 15th day before the planned arrival
  4. 100% of the value of the booked stay in case of cancellation less than15 days before planned arrival or no arrival without canceling the reservation.
The difference between the payment made for the booking and the cancellation fee (if any) will be returned to the Customer in the form of a transfer to the bank account indicated by him.The cancellation fee will be deducted from the amount of the down payment or the amount of the paid stay, or charged to the credit card. A separate invoice will be issued for the remaining part of the cancellation fee (if any) and sent to the guest’s correspondence address.Cancellation requests must be made in writing, by fax or email.With regard to reservations regarding the period of particular interest in stays, the Hotel reserves the right to introduce different cancellation conditions in the Authorization Document, and even to completely exclude the possibility of submitting an application for cancellation of a reservation. VIII. Conditions for concluding and terminating contracts.
  1. The conditions for concluding and terminating contracts for the provision of hotel services by the Service Provider are exhaustively set out in these regulations, except for these cases, the termination of the contract is possible only with the agreement of the parties, under pain of nullity in writing.
  2. The Service Recipient is not entitled to withdraw from the hotel service booking agreement, in accordance with art. 38 point 12 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) (“Act on Consumer Rights”).
  3. Personal data protection
ENTREPRENEURSHIP regarding your personal dataimplementing the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (general regulation on data protection; hereinafter: “GDPR”) The
  1. administrator of your personal data is … (hereinafter referred to as the Administrator).
  2. Depending on your consents and existing legal obligations, your data may be processed by the Administrator pursuant to art. 6 clause 1 lit. a, b) c) and f) GDPR for the purpose of:
  1. Preparation, conclusion and performance by the Administrator of a contract concluded with you for the provision of the Administrator’s services (in the event of its conclusion) – the legal basis for processing is the pursuit of the contract,
  2. direct marketing of the Administrator’s services during the duration of the contract, as well as after its termination, in order to present the offer of the Administrator’s services and their conditions – the legal basis for processing is the legitimate interest of the administrator or your consent,
  3. Fulfilling legal obligations incumbent on the Administrator – the legal basis for processing is the law, including the Tax Code and acts regarding individual taxes,
  4. Investigation and consideration of claims related to the contract concluded with you for the provision of Administrator services (in the event of its conclusion) – the legal basis for processing is the legitimate interest of the administrator or a legal provision (Civil Code), the
  1. Administrator makes automated processing of personal data, in particular, profiling them in order to personalize the offer to your expectations.
  2. Providing your data is:a.) Voluntary but necessary to conclude and perform the contract for the provision of Administrator’s services (if you wish to conclude it),b.) Completely voluntary in terms of their processing for marketing purposes.
  3. You also have the right to object to data processing for marketing purposes.
  4. Your data is processed by the administrator for specific purposes respectively after the deadline:
  5. required by law, in particular civil and tax
  6. law, existence of the legitimate interest of the administrator,
  7. limitation of any claims arising from the concluded service agreement by the Administrator,
  8. validity of your consent.
  1. The Administrator may provide your personal data only to:
  1. Entities authorized under the law,
  2. Entities authorized by the Administrator only in the interest of the Administrator and on his behalf under the contract and within the limits specified therein, in particular to external service providers,
  3. Other entities on the basis expressly granted by you consent.
  1. Your personal data will not be transferred by the Administrator to third countries or entities based in foreign countries, except that the Administrator provides for the possibility of entrusting the processing of personal data by entities based in the USA in connection with IT services provided to the Administrator by such entities .
  2. You have the right to access data, correct or transfer data, as well as to object to the processing of data for marketing purposes, request deletion of data or limit their processing. You also have the right to withdraw consent at any time. Withdrawal of consent does not affect processing based on this consent before its withdrawal date.
  3. If you have any doubts regarding the processing of your personal data by the Data Administrator, you can contact the Information Security Administrator (Administrator’s Personal Data Inspector) via e-mail address: 
  4. You also have the right to lodge a complaint to the supervisory body, i.e. the General Inspector for Personal Data Protection (after amendments to the Personal Data Protection Act to the President of the Office for Personal Data Protection).
  1. Complaint procedure
  2. Complaints may be submitted due to:
  3. Failure to meet the fault of the Service Provider due to the date specified in the contract for starting the provision of services to the Client,
  4. Failure to perform, improper performance of services or their defective settlement.
  5. A complaint may be lodged within 14 days from the day on which the service was performed or was to be performed.
  6. The complaint should:
  7. Be submitted to the address of the Service Provider’s headquarters or by e-mail to the address \
  8. Contain the reason for submitting the complaint and specify the scope of the Service Recipient’s request,
  9. Be signed and contain current data of the Service Recipient.
  10. Transitional and final provisions
  11. In matters not covered by these regulations, the provisions of the Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), the Act on the provision of electronic services (Journal of Laws of 2002 No. 144 item 1204 as amended) and other provisions of generally applicable law.
  12. The Service Provider reserves the right to amend these Regulations with the proviso that for reservations made before the amendment to the Regulations, the version of the Regulations in force at the time of placing the order by the Guest shall apply.
  13. Date of publication of the updated booking regulations: 16 01 2019.
XII. Additional information The
  1. hotel day starts at 16.00. The
  2. hotel day ends at 12.00.
  3. The invoice for the stay should be settled in advance or before the planned date of ending the stay, however with the reservation that the settlement period is not longer than 7 days.
  4. Any possible disputes related to the services provided by the Hotel, in the event of inability to reach agreement between the Service Provider and the Service Recipient, shall be settled by the court competent according to procedural provisions.
  5. In the entire Hotel, including hotel rooms, in accordance with the Act of 08.04.2010 amending the Act on protection of health against the consequences of using tobacco and tobacco products, as amended – there is a total ban on smoking cigarettes and tobacco products and e-cigarettes .
  6. Violation of the prohibition set out in point 6 by the Guest is tantamount to his consent to cover the costs of dearomatization of the room in the amount of PLN 1,100.00. This applies in particular to dearomatization of a rented room in which the ban was violated and covering the cost of thousands of intervention by the Fire Brigade, if the owner of the Hotel is charged with such a cost. You will be charged
  7. for repairing, renovating or buying new property for causing damage or damage to property in the Hotel. .
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