Regulations of providing electronic services by SATORIA Group S.A.
Service Provider – SATORIA Group Spółka Akcyjna with its registered office in Warsaw at Puławska 2, Budynek B, entered to the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XIII Economic Division of the National Court Register under number 0000281121, holding the tax identification number NIP 527-15-57-591.
User – a natural person or a legal person using the electronic Services provided by the Service Provider.
Services – any and all electronic services provided by the Service Provider to Users based on these Regulations.
Website – a website enabling reservation of a hotel room online by means of the reservation system owned by the Service Provider.
Electronic service provision – providing a service without the simultaneous presence of the parties (remotely) through submitting data at the individual User request, where the service is sent and received via electronic processing devices, where it is sent, transmitted and received in whole by means of a telecommunications network as defined in the Telecommunications Law.
Commercial Information – any piece of information intended directly or indirectly for promoting the entrepreneur’s goods, services or image, with the exclusion of the information enabling communication with the User via electronic means of communication and the information about goods and services which does not serve the purpose of achieving the commercial effect desired by the entity commissioning its dissemination.
ICT System – a set of compatible IT devices and software, which ensures data processing, storing as well as sending and receiving through telecommunications networks by means of the User’s device appropriate for a given type of network as defined in the Telecommunications Law.
Consumer – a natural person entering into a legal transaction which is not directly related to his or her economic or professional activity with the entrepreneur.
Regulations – the present Regulations
II. General provisions
1. These Regulations specify the types and scope of the Services provided by the Service Provider, the rules for providing Services by the Service Provider, the terms and conditions of concluding and terminating electronic service agreements, the Service Provider and Users’ rights and obligations involved in providing Services, the rules for protecting personal data of the natural persons using them, the rules for the complaint procedure, and the rules for excluding the Service Provider’s liability in respect of Service provision.
2. These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on Providing Electronic Services, which is made available to Users free of charge prior to the conclusion of the Service agreement. These Regulations have been placed by the Service Provider on the Website in a manner enabling obtainment, reproduction and recording of the content hereof by means of the ICT system operated by the User.
3. The Service Provider undertakes to provide the Services in accordance herewith.
4. The User shall observe the provisions hereof from the moment of taking the first action leading to the use of the Services.
5. Users may be natural persons having the capacity to enter into legal transactions or legal persons.
III. Technical conditions of Service provision
1. For the purpose of compatibility of the ICT system used by the Service Provider, a properly configured web browser IE version 10 and higher, Google Chrome version 22 or newer, Safari version 5 or newer, Mozilla Firefox version 22 or newer, and more than 1024px wide screens shall be used. Using a third party software which influences the operation and functionality of web browsers such as Internet Explorer, Mozilla FireFox, Opera, Google Chrome, Safari might affect the proper operation of the website and therefore, in order to achieve its full functionality, they shall be closed or the lack of conflicts shall be ascertained.
2. It shall be possible to use the services provided by the Service Provider via the Website after the cookies acceptance option is turned on in the web browser used by the User and the pop-up blocker is turned off.
3. Where the User’s computer fails to comply with the technical parameters described above, the website or its individual components may not function properly.
IV. Type and scope of the Services offered and provided
The Service Provider shall provide the following Services offered by means of the Website:
1. Hotel search – the Service Provider shall provide the User with a search of the hotels where the hotel room can be reserved via the Website and which contains extensive information about a given hotel, the Services provided thereby, together with photographs of the facility and descriptions of individual rooms.
2. Reservation system – the Website shall enable the User to reserve a hotel room in a hotel which is available in the Search on the terms and conditions specified herein.
3. Payments – the Website shall enable the User to make payments in respect of reserving a hotel room online in collaboration with PayU and PayPal.
4. Contact form – Users may ask questions to designated employees of the Service Provider with the use of a special form.
5. Newsletter – the Service Provider shall ensure the possibility to send the information regarding the Websites and Service Provider to Users to the e-mail addresses indicated by them.
V. Commencement of using the Service
1. The commencement of using the Service in the case of the Services available based on the information provided by the User shall be sending the Service Provider a completed form including the information.
The commencement of using the Services available after logging in shall be logging in the Website.
VI. Provision of the hotel room reservation Service in the case of Users not being Consumers
1. Persons who intend to reserve a hotel room via the system available on the Website may do so only after completing the reservation form on condition that they accept the provisions hereof.
2. The User shall be entitled to provide only complete, reliable and substantively correct data in the reservation form.
3. Upon completing the reservation form, the User shall confirm the correctness of the data entered by him or her.
4. The User may afterwards select the form of payment for the reserved hotel room.
5. Where the User decides to pay for the reserved hotel room directly in the hotel or pays via payu.pl or PayPal websites, the Website shall send a reservation confirmation to the e-mail address indicated in the form.
6. The reservation confirmation shall be sent to the e-mail address indicated by the User:
a. automatically – in the case of an online reservation, where the payment for the hotel room is made in the hotel,
b. immediately after making the payment – where the User makes an online payment,
c. within 24 hours – where the reservation is made “on request”.
7. The reservation confirmation shall contain the identification number of the reservation made.
8. The Service Provider reserves the right to refuse to accept the reservation where there are no vacant rooms in the hotel. This shall apply to the reservation on request.
9. Where there are no vacant rooms in the hotel on the dates selected by the User, the User shall immediately receive the information about the impossibility to make such a reservation to the e-mail address indicated by him or her.
10. In the case of reserving the hotel room for which the User decided to pay directly in the hotel, the reservation made via the Website shall be valid until 6 p.m. on the arrival day. Upon the elapse of this deadline, the hotel where the reservation was made shall have the right to cancel it.
11. The hotel room reservation rules described above shall be applicable to the Users making telephone reservations in the Service Provider’s Reservation Centre.
VII. Provision of the hotel room reservation Service in the case of Consumers
1. The Consumer who intends to reserve a hotel room by means of the system available on the Website may do so only after completing the reservation form on condition that he or she acccepts the provisions hereof.
2. The User shall provide only complete, reliable and substantively correct data in the reservation form.
3. After completing the reservation form, the User shall confirm the correctness of the data entered thereto.
4. After confirming the data referred to in par. 3, prior to making the reservation, the Service Provider shall inform the Consumer about:
a) the major data regarding the reservation, which are compliant with the content of the completed reservation form, and the price of the service;
b) the Service Provider’s identification data (business name, KRS number);
c) the Service Provider’s contact data, in particular the address of the enterprise, the e-mail address and telephone numbers at which the consumer may contact the Service Provider;
d) the price payment method, in accordance with the provisions hereof, and the price payment deadline;
e) the complaint handling procedure applied by the Service Provider;
f) the lack of the Consumer’s right to renounce the hotel service agreement pursuant to Article 38 par. 12 of the Act on Consumer Rights, with the simultaneous information about the terms and conditions of resigning from the reservation, referred to in section VIII hereof;
g) the minimum hardware requirements enabling the use of the Service Provider’s reservation system;
h) the possibility to use out-of-court methods of handling complaints and claiming damages as well as rules for access to such procedures;
i) the necessity to make an additional payment for the services not included in the reservation where the Consumer orders additional services during his or her stay in the hotel.
5. After receiving the information referred to in par. 4, the Consumer may make a reservation by pressing the relevant button “Zamawiam z koniecznością zapłaty”[“I am ordering with the obligation to pay”].
6. After making the Reservation, the Service Provider shall send the Consumer a confirmation thereof, subject to the provisions of par. 8 and 9.
7. The information referred to in par. 4 and the confirmation referred to in par. 6 as well as the information referred to in par. 8 or 9 shall be sent to the Consumer’s e-mail address indicated in the reservation form referred to in par. 1.
8. The Service Provider reserves the right to refuse to accept the reservation in the case of the lack of vacant rooms in the hotel. This shall apply to the reservation on request only.
9. Where there are no vacant rooms in the hotel on the dates selected by the Consumer, the Consumer shall immediately receive the information about the impossibility to make such a reservation to the e-mail address indicated by him or her.
VIII. Resignation from the hotel room reservation Service
1. The reservation made by the User may be cancelled exclusively electronically by sending an e-mail message to the address: firstname.lastname@example.org with the indication of the reservation number assigned to the User.
2. The resignation from the reservation shall be effective only when it is made until 6 p.m. on the check-in day on condition that the day is a working day. If the check-in day is not a working day, the resignation shall be made on the preceding working day until 6 p.m.
3. The resignation from or change of the reservation assumed in the Special Offer, which includes cancellation restrictions, shall not result in the refund of the amount paid for the reservation. This, however, shall not apply to the reservation made by the Consumer.
4. The failure to resign from the reserved hotel room by the User in the manner specified in par. 1-2 above or the failure to arrive at the hotel on the first day covered by the reservation shall result in charging the User with the costs of the first day of stay (regardless of the duration of the stay for which the reservation was made).
5. Where the reserved hotel room is paid for in advance by transfer, the overpayment arising from the failure to use the hotel room or the reduction of the number of the originally reserved days in the hotel as a result of leaving the hotel early shall be refunded to the User within 7 days from the day of notifying the hotel of shortening the stay or failing to arrive at the hotel.
1. All prices of the services provided by the Service Provider are gross prices expressed in Polish zloty and include the goods and services tax.
2. The User reserving a hotel room may pay the amount in respect of the reservation personally in the hotel by credit card or using the PayU and PayPal payment systems.
3. The PayU and PayPal systems are systems of online payments made to the Service Provider.
4. The PayU payment system is owned and managed by PayU S.A., with its registered office in Poznań at ul. Marcelińska 90, entered to the register of entrepreneurs maintained by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000274399, holding the tax identification number NIP 7792308495, REGON 30052344, with a share capital of PLN 4,000,000.00.
5. The PayPal payment system is owned and managed 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.
6. The PayU system operates under the system Regulations available under the domain http://www.payu.pl/sites/default/files/regulaminy_i_pliki/REGULAMIN_SYSTEMU.pdf
7. The PayPal system operates under the system Regulations available under the domain www.paypal.pl
8. The payments via PayPal are made by means of protocols encrypted based on the SSL technology.
9. The payments via PayU are made by means of protocols encrypted based on the SSL technology.
10. Where a payment/credit card or an electronic transfer by means of the PayU and PayPal systems is chosen as the payment method, the User’s account shall be automatically debited.
11. If choosing the option of payment by credit card, the Service Provider may contact the company being the operator of the User’s credit card in order to verify if it is valid and whether its loss or theft has been notified. At the same time, the Service Provider may also check if there are sufficient funds available on the card to cover the reservation costs. It is the so-called preauthorisation at the amount equal to the entire reservation value. Yet, the hotel shall not debit the credit card unless standard reservation and cancellation terms and conditions do not apply to the reserved offer.
12. The User shall pay the amount due for additional services not included in the order placed via the Website in the hotel.
13. The Service Provider shall not charge the User with any additional fees for the payments in respect of the hotel room reservation by means of PayU and PayPal or by credit card.
14. The User wishing to receive a VAT invoice shall indicate the fact in the reservation form, entering the required data necessary for issuing the invoice correctly.
15. The Service Provider shall issue the invoice based on the data entered by the user to the reservation form.
16. The invoice may be collected by the User at the reception desk of the hotel where the room was reserved.
1. The Service Provider shall enable Users to receive the information regarding the Website and the Service Provider electronically.
2. The condition for using the Service shall be providing the Service Provider with the e-mail address to which the information is to be sent and marking the “Zapisz” [“Subscribe”] command placed next to the space intended for entering the e-mail address.
3. The persons who have made their e-mail address available for sending the Newsletter by this fact express their consent to receiving commercial information from the Service Provider.
4. The consent for sending the Newsletter may be withdrawn at any time by marking the “Wypisz” [“Unsubscribe”] option.
XI Rights and obligations of the Service Provider
1. The Service Provider undertakes to provide the Services via the Website in a permanent and uninterrupted manner.
2. The Service Provider reserves the right to:
a. discontinue the Services temporarily due to Website maintenance or modification operations,
b. send technical messages related to Service provision to User’s e-mail addresses.
3. The Service Provider reserves the right to modify the provided Services, tools and mode of operation of the Website, including cessation of the activity, transfer of the rights to the Website to another entity, and any other actions related to the Website that are permitted by the law.
4. The Service Provider may block the capability to use the Services by the User who breaches these Regulations, injures the Service Provider’s reputation or otherwise disturbs the operation of the Website for an indefinite period.
5. The User deprived of the capability to use the Services shall only have access to the content placed on Website and shall be entitled to use the Search.
6. It shall be forbidden for the User to supply illegal content and use the Services on the Website in a manner which is in conflict with the law and/or good practices, which infringes third party personal interests or legitimate Service Provider’s interests.
7. The Website contains the documents, materials and content being creative works as defined in the provisions of the Act on Copyright and Related Rights and protected under the said provisions. The adopted selection and layout of the content presented on the Website is an object of legal protection in itself.
8. The Service Provider does not permit any of the creative works shared on the Website to be copied, modified, disseminated, transmitted or otherwise used save their use within permitted personal use.
XII Liability of the Service Provider and the User
1. The Service Provider and the User shall redress the damage incurred by the other party as a result of their failure to perform or improper performance of the obligations arising herefrom unless their failure to perform or improper performance was a consequence of the circumstances for which the party was not responsible.
2. The Service Provider shall not be liable for any damage arisen as a result of discontinuing the services where it is a consequence of the impossibility to perform the services by the User’s fault, e.g. the impossibility to supply the Service performance confirmation due to an overfilled e-mail box.
3. The Service Provider shall not be liable for the damage arisen as a result of discontinuing the Services and deleting personal data of the User who breaches these Regulations.
4. Furthermore, the Service Provider shall not be liable in particular for:
a. any damage inflicted on third parties, arisen as a result of the Users using the Services in a manner contradictory to these Regulations or the laws,
b. the information and materials shared on the Website which were downloaded and uploaded via the Internet by Users,
c. the damage arisen as a result of the lack of the Service provision continuity, which is a consequence of circumstances for which the Service Provided is not responsible, in particular: force majeure, third party actions and omissions, for which the Service Provider is not responsible,
d. the User’s providing untrue or incomplete information being the basis for the Service provision,
e. the damage arisen as a result of the failure to observe the provisions hereof by Users.
XIII Personal data
1. The administrator of the personal data processed on the Website shall be SATORIA Group S.A., with its registered office in Warsaw.
2. The Service Provider shall process the User’s personal data to the extent necessary to conclude, formulate, amend or terminate the Service agreement by the Service Provider for the purpose of a proper performance thereof.
3. The data which shall be made available in order to enable the provision a given Service are marked with an asterisk.
4. The Service Provider may process the User’s personal data, including other data than indicated in par. 2 above exclusively upon the User’s consent for the purpose of advertising, conducting market as well as User behaviour and preference research the results of which are supposed to improve the quality of the services provided by the Service Provider. Such data may be processed also upon discontinuing the use of a given Service by the User.
5. The User may express its consent for the Service Provider’s use of his or her data for marketing purposes, and in particular for receiving commercial information from the Service Provider. Giving consent to processing the data for marketing purposes shall not be a condition for concluding the Service agreement.
6. The Service Provider shall enable Users to exercise the right to access the content and to correct and delete their personal data freely.
7. The Service Provider represents that providing data for the purpose of placing them on the Website shall be voluntary, yet it shall be necessary for making a proper reservation of a hotel room, making payments with this respect and issuing a VAT invoice.
8. The hotel in which the hotel room was reserved shall have access to the data entered to the reservation form by the User.
9. The Service Provider entrusted the entity hosting the Website, that is 3code Artur Kmera, ul. Bukowa 16/6, 43-100 Tychy, with processing the personal data collected on the Website. This enterprise shall be authorised for making operations on the data exclusively for the purpose of performing hosting services properly to the extent necessary therefor.
10. The Service Provider shall additionally use the software development services provided by 3code Artur Kmera, an enterprise which makes operations on data for the purpose of performing the agreement with the Service Provider.
11. The collection of Users’ personal data was submitted for registration to the Inspector General for the Protection of Personal Data (application no. 001852/2008).
XIV Complaint procedure
1. Users shall have the right to make complaints in matters concerning the Services.
2. Only such complaints that are sent electronically to the address: email@example.com within 5 days from the date of completing the provision of the Service or, if the Service was not completed within the time-limit provided for in the Service Provider’s offer – within 5 days from the date on which the Service should have been completed shall be accepted by the Service Provider for handling. The provisions of this paragraph shall not apply to Consumers. The rules for making complaints by Consumers are specified in par. 4 below.
3. The Service Provider reserves a 14-day time-limit for handling the complaint made by the User. The Service Provider shall notify the User of the outcome of the complaint handling within this time-limit.
4. In the case of Consumers, complaints may be made in any form, in particular orally and by e-mail to the address: firstname.lastname@example.org or by sending a letter to the address of the Service Provider’s registered office within 14 days from performing the service or from the day on which the service was to be performed under the agreement concluded by and between the parties.
XV Final provisions
1. These Regulations shall come into force on 1 March 2015 and supersede the Regulations of electronic service provision by SATORIA Group S.A. of 14 May 2009.
2. Should any provision hereof be deemed invalid by a final and unappealable judgement of the court, other provisions shall remain valid.
3. The Service Provider reserves the right to amend these Regulations. The amendments shall become effective within the time-limit specified by the Service Provider and the provisions hereof which are applicable on concluding the Agreement shall apply to the Agreements concluded prior to the amendments to these Regulations coming into force. The new regulations shall be published on the website.
4. The provisions of the Act on Electronic Service Provision, the Act on Consumer Rights, the Act on Protection of Personal Data, the Civil Code and other mandatory provisions of the Polish law shall apply to matters not regulated herein.
5. Any and all disputes arisen in connection with the performance of the agreement shall be settled by the Polish court of general jurisdiction competent for the Service Provider’s registered office in the case of disputes a party to which is the User not being the Consumer.
6. The provisions of par. 6 shall not apply to the agreements concluded by Users being Consumers. In such a case, the court competent for settling a dispute between the Consumer and the Service Provider shall be the court having the local and subject matter jurisdiction in accordance with the provisions of the civil law procedure.