(hereinafter referred to as the Terms of Service)
- These Terms of Service regulate the provision of hotel services by the Service Provider, protection of Clients' personal data and specify the rights and obligations of the Client and the Service Provider under the Agreement.
- The Service Provider provides hotel services in accordance with the Act of 29 August 1997 on hotel services and the services of tour operators and tourist guides (Journal of Laws of 1997 No. 133, Item 884, as amended), which include short-term, generally available rental of apartments and provision of related services within the Facility.
- These Terms of Service have been posted by the Service Provider on the Service Provider's website in a way so that it can be accessed, reproduced and recorded by means of the ICT System used by the Client.
I GENERAL PROVISIONS
- The following terms shall be defined as follows:
- ICT System – a group of cooperating IT devices and software, enabling 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 the telecommunications law;
- Preliminary Reservation – the Client's request to the Service Provider not to rent a particular apartment for a specified period of time, understood as filling in by the Client the Reservation Form available on the Service Provider's Website;
- Agreement – an agreement concluded with the Client without the simultaneous physical presence of the parties, with the exclusive use of means of distance communication up to the moment of concluding the agreement; effective conclusion of the agreement between the Client and the Service Provider takes place upon making a Reservation by the Client, which means providing all required data in the Service Provider's Reservation Form and payment by the Client of the total amount due to the Service Provider for the Reservation no later than 3 calendar days before the first day of stay (the date by which the payment of the total amount due to the Service Provider for the Reservation made should be made shall be indicated in the Authorisation Document);
- Service Provider – KRAMARSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Poznań (ul. Kramarska 9, 61-765 Poznań), Poznań District, Wielkopolskie Province, taxpayer identification number (NIP): 7831762118, business statistical number (REGON): 367812475, entered into the register of entrepreneurs of the District Court Poznań – Stare Miasto in Poznań, 8th Division of the National Court Register (KRS), entry number: 0000687285. The Service Provider operates the facility located at ul. Kramarska 9, in Poznań (61-765) – "SCHOEPS RESIDENCE";
- Facility –"SCHOEPS RESIDENCE";
- Client – an entity being a natural person, a legal entity or an organizational unit without legal personality, using services offered by the Service Provider; the Client may also be a Guest;
- Guest – a natural person using hotel services or additional services offered within the Facility by the Service Provider;
- Reservation Form – an on-line form available on the Service Provider's Website, used to register a Reservation made by the Client in an IT system or available on the On-line Platform cooperating with the Service Provider;
- Reservation – reservation of hotel services or additional services offered within the Facility by the Service Provider; a Reservation is made when the Client provides all required data in the Reservation Form and pays the total amount due to the Service Provider for the services specified in the Reservation Form;
- Authorization Document – a document sent to the Client by the Service Provider in electronic form (e-mail), specifying the detailed conditions of the Reservation, including: length of stay, amount of payment due for the reserved stay in SCHOEPS RESIDENCE, date by which the amount due to the Service Provider for the Reservation should be paid;
- Access code – a sequence of eight digits made available to the Client on the day of commencement of the stay (before the check-in time), allowing the Client to access the apartment;
- Service Provider's Website – www.schoepsresidence.pl;
- Cancellation of a Reservation – termination of the Agreement by mutual consent of the parties;
- On-line Platforms cooperating with the Service Provider – Booking.com.
- Before using the hotel services provided by the Service Provider using the Service Provider's Website and Reservation Form, the Client is obliged to read these Terms of Service and confirm in the Reservation Form that he/she accepts the terms and conditions hereof. If a Reservation is made via the On-line Platform cooperating with the Service Provider, the Client is obliged to follow the procedure established by such Platform and to comply with the displayed messages.
- The Service Provider shall provide hotel services or additional services offered within the Facility to the Client within the scope and under the terms and conditions specified herein.
II WAY OF MAKING A RESERVATION
- In order to make a Preliminary Reservation and a Reservation via the ICT system used by the Client, it is necessary to use commonly used web browsers (e.g. Google Chrome, Mozilla Firefox, Opera).
- Making a Preliminary Reservation and a Reservation via the ICT system will be possible after cookies and pop-up windows have been enabled in the browser used by the Client.
- Filling in the Reservation Form available on the Service Provider's Website (consisting in following the instructions provided by the reservation system by the Client) is tantamount to making a Preliminary Reservation by the Client.
- It is not possible to make a Preliminary Reservation in any way other than that specified in Section II(3) (including: by telephone, in person, via e-mail).
- The Client is responsible for entering correct data in the Reservation Form available on the Service Provider's Website. The Service Provider shall not be liable for any consequences of entering incorrect data by the Client.
III RESERVATION PROCEDURE
- The procedure of making a Preliminary Reservation and Reservation is as follows:
- The Client may choose from the apartments available on the Service Provider's Website or the On-line Platforms cooperating with the Service Provider;
- When the Client selects an apartment, dates of stay or additional services provided by the Service Provider within the Facility (e.g. breakfast), the Reservation Form displays the total amount due to the Service Provider for making the Reservation; filling in the Reservation Form is tantamount to making a Preliminary Reservation;
- After making the Preliminary Reservation, the Client will receive an Authorisation Document, and after the payment is made within the deadline specified in the Authorisation Document, the Client will receive an e-mail confirming the Reservation;
- After the Client has completed the Reservation Form, he/she will be redirected to the Espago system to make the payment. The Espago System is the only system enabling the Client to make the payment for the Reservation made, and therefore it is not possible for the Client to pay e.g. in cash or via traditional bank transfer;
- The Client's access code will be sent by SMS to the contact number provided by the Client in the Reservation Form on the first day of stay (before the check-in);
- The Preliminary Reservation is valid up to 3 days before the first day of the stay. If the Client fails to make the payment within a maximum of 3 days prior to the first day of the stay, the Preliminary Reservation shall expire and no agreement is deemed to have been concluded between the parties;
- The price for the stay payable to the Service Provider includes VAT.
- The currency of payment is the Polish zloty (PLN).
IV. MAKING PAYMENTS
- A Reservation is made provided that the Client enters all the required data in the Reservation Form and pays the total amount due to the Service Provider for the Reservation within 3 calendar days before the date of commencement of the stay. The payment of the total amount due to the Service Provider for the Reservation is tantamount to the conclusion of the Agreement by the parties.
- The Client makes the payment via the Espago system; if the Client does not pay the total amount due to the Service Provider for the Reservation at the time of filling in the Reservation Form, an active link to the Espago system will be provided in the Authorisation Document;
- The Service Provider shall issue VAT invoices in accordance with the applicable tax law regulations. Invoices are sent on the last day of the stay to the Client in electronic form to the e-mail address provided during the reservation process.
V CHANGES AND CANCELLATIONS OF RESERVATIONS
- Once the Client made a Reservation, it cannot be modified or cancelled.
- The Service Provider reserves the right to accommodate the Client in an apartment different than the one reserved by the Client, provided that the standard remains the same. Apartment standards are described on the Service Provider's Website.
- In exceptional circumstances, with written consent from the Service Provider, Reservations may be cancelled, but only for reasons beyond the Client's control or other important reasons justified in writing and documented by the Client. As soon as the Service Provider's consent to cancel the Reservation made by the Client is delivered to the Client's e-mail address indicated in the Reservation Form, the agreement shall be deemed not to have been concluded and the amount of payment made shall be immediately reimbursed to the Client. The refund shall be made in the same form as the payment was made, i.e. to the bank account or payment card which the Client used to pay the amount due to the Service Provider for the Reservation made.
VI WITHDRAWAL FROM THE AGREEMENT
The Client is not entitled to withdraw from the agreement pursuant to Article 38(12) of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
VII LIABILITY OF THE SERVICE PROVIDER
The Service Provider shall be liable for personal injury or damage to property suffered by the Guest pursuant to generally applicable provisions of law.
VIII ADDITIONAL INFORMATION
- Check-in begins at 15:00 and check-out ends at 11:00.
- You are requested to refrain from making loud noises from 22:00 to 6:00.
- In case of noticing any irregularities or defects in the apartment equipment, it is recommended to report it on the first day of the stay by sending an e-mail to: email@example.com and provide the following information: name and surname, reservation number and the irregularities or defects in the apartment equipment.
- The Guest is obliged to maintain the rented apartment in proper condition (also by properly securing the apartment by closing the door each time he/she leaves the apartment and not disclosing the access code to third parties) and to immediately report any damage caused (personal injury or damage to property), for which the Guest, in case of proven fault, bears financial responsibility.
- Guests are liable for damage caused by their fault in accordance with the provisions of the Civil Code.
- Smoking of tobacco and e-cigarettes on the premises of SCHOEPS RESIDENCE is prohibited. The Guest is obliged to pay a contractual penalty of 500.00 PLN for each violation of the above prohibition.
- The Guest may not transfer the room to third parties (i.e. those not indicated in the Reservation Form).
- If the stay is shortened, the total amount due to the Service Provider for the Reservation is charged. Information on shortening the stay should be e-mailed to firstname.lastname@example.org and the name and surname and the Reservation number should be provided.
- Pets are not allowed. The Guest is obliged to pay a contractual penalty of 500.00 PLN for each violation of the above prohibition.
- The Client may use an optional service provided within the Facility by the Service Provider, i.e. ordering breakfast. If the Client decides to use this service later than at the time of making the Preliminary Reservation or Reservation, the price of breakfast, as an optional service, shall not be included in the price of the Reservation.
- The Client may request additional services provided by the Service Provider within the Facility (i.e. ordering breakfast) only via the Reservation Form available on the Service Provider's Website.
- Guests may order breakfast no later than one day before (by midnight) the day on which the Guest wishes to use the service.
- Door-to-door sales are banned.
- Children and teenagers below the age of 18 must be supervised by adults.
- There is a passenger elevator within the Facility. Children under 12 years of age should be accompanied by an adult while using the elevator.
- The Service Provider does not provide the Client with parking space.
- In case the Guest leaves any movables belonging to him/her after check-out from the apartment, generally binding legal regulations shall apply.
- The Service Provider represents that the offered services are performed in compliance with the provisions of the Hotelier's Code of Ethics, available at http://www.hotelarze.pl/hot/kodeks-etyki-hotelarza.php.
- The Service Provider may be contacted by telephone on +48 515 065 166 (calls charged according to the price list of the Client's telephone operator).
- The Facility and the surrounding area is video monitored. The purpose of video surveillance is ensuring the security of the Client, protection of property, collection of evidence of infringements of the law and prevention, i.e. deterring potential perpetrators of prohibited acts given the possibility of detecting them. The scope of monitoring includes a closed space for public use: the area directly adjacent to the entrance to the Facility and the area of corridors, stairs, dining room. Monitoring may include recording the image of any person in the monitored area. Video monitoring comprises a system of cameras, monitors and digital devices recording images from cameras which operate continuously which consists in constant observation of the monitored area (monitoring does not only consist in restoration of the recorded image in response becoming aware of infringement of the law).
IX PERSONAL DATA PROTECTION
According to Article 13(1) and (2) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – Official Journal of the European Union L 119 – hereinafter referred to as the GDPR, the Service Provider informs that:
- the Client's personal data controller is KRAMARSKA Spółka z Ograniczoną Odpowiedzialnością Spółka Komandytowa with its registered office in Poznań (ul. Kramarska 9, 61-765 Poznań), hereinafter referred to as the "Data Controller" and may be contacted regarding matters concerning data processing by writing to the e-mail address: email@example.com;
- The Data Controller will process personal data for the following purposes:
- accepting Reservations using the reservation system – the basis for processing is the necessity of the processing to initiate the performance of services provided by the Service Provider (Article 6(1)(b) of the GDPR),
- conclusion or performance of the Agreement – the basis for processing is the necessity of the processing to conclude and perform the Agreement (Article 6(1)(b) of the GDPR),
- advertisement of the Data Controller's own products or services – the basis for processing is the necessity of the processing to pursue the Data Controller's legitimate interest, which is direct marketing of own products and services (Article 6(1)(f) of the GDPR) and consent to data processing for marketing purposes in the future (Article 6(1)(a) of the GDPR),
- Personal data are collected on the basis of voluntary completion of the Reservation Form by the Client. Providing personal data is voluntary, however, it is necessary to conclude the agreement and perform the service;
- The Reservation Form contains clearly marked obligatory information, which need to be provided, and additional information, which can be provided voluntarily by the Client,
- The Client’s personal data are not subject to automated decision making by the Controller, including profiling;
- The Client has the right to:
- access their data and receive a copy of them,
- rectification (correction) of data,
- deletion of data (under the conditions set out in Article 17 of the GDPR),
- restrict data processing, transfer data, i.e. to receive such data from the Controller in a structured, machine-readable and commonly used format, if they are processed in order to conclude and perform the agreement or on the basis of consent and processing is carried out in an automated manner. The Client has the right to transfer these data to another controller,
- object at any time to the processing if the processing is based on the Data Controller's legitimate interest, including profiling, in particular the Client has the right to object to the processing of data for the purposes of direct marketing,
- lodge a complaint with the supervisory authority referred to in Article 51 of the GDPR;
- withdraw consent (if the basis for processing was consent) at any time, in any form, including in writing or by e-mail sent to firstname.lastname@example.org or delivered in person to the seat of the Data Controller in Poznań. Withdrawal of consent to the processing of data does not affect the compliance with the law of processing which the Controller carried out on the basis of such consent prior to its withdrawal;
- The Data Controller shall keep the Client's data related to the conclusion and performance of the Agreement for a period of 9 years from the date of its expiry. The Data Controller shall cease to process the Client's data for the purpose of direct marketing if he/she objects to such processing and if he/she withdraws consent to the processing of data for that purpose.
- The Client's personal data may be made available to:
- subcontractors that concluded data processing agreements with the Data Controller and provide legal services, IT support and protect persons and property. The Data Controller represents that it does not transfer and does not intend to transfer the Client's personal data to third countries or international organizations,
- Any and all changes in the above mentioned information obligations of the Data Controller are available on our website: https://www.schoepsresidence.pl in the "Principles of personal data protection" section and in the information materials available at the Service Provider's registered office,
X COMPLAINT PROCEDURE
- Complaints may be lodged for the following reasons:
- failure on the part the Service Provider to meet the deadline set forth in the Agreement for commencing the provision of services to the Client,
- non-performance or improper performance of the Agreement.
- A complaint may be lodged within 30 days from the date on which the Client becomes aware of the breach referred to in Section X(1).
- A complaint should:
- be delivered to the Service Provider's registered office or sent by e-mail to email@example.com after the Client becomes aware of the breach referred to in Section X(1),
- contain the name, surname, Reservation number and a brief description of the irregularities reported,
- be signed (in the case of a written complaint delivered to the Service Provider's registered office) and contain up-to-date Client data.
- The complaint will be considered by the Service Provider within 30 working days from the date of its delivery. If the complaint cannot be considered by the Service Provider within the time limit specified above, the Service Provider shall notify the Client of the reasons for the delay and the expected time for processing the complaint. In the event of a verbal complaint, the Service Provider will make every effort to investigate the complaint immediately.
- If the complaint is rejected, the Service Provider is obliged to provide detailed reasons in writing and inform the Client about the right to appeal to the competent Consumer Ombudsman.
XI SERVICE PROVIDER'S INTELLECTUAL PROPERTY
- Information resources and all other content at https://schoepsresidence.pl, i.e. texts, artwork and logotypes constitute intellectual property of the Service Provider or entities the Service Provider has concluded appropriate agreements with and are protected by Polish and international regulations concerning the protection of intellectual property, in particular the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 1994 No. 83).
- Copying, duplicating or otherwise using the information, data or other content available at https://schoepsresidence.pl in whole or in part without consent of the Service Provider, except for permitted use resulting from generally applicable provisions of law, is prohibited.
XII FINAL PROVISIONS
- Provisions of the Civil Code and other generally applicable provisions of law shall apply in matters not regulated herein.
- The Service Provider reserves the right to make changes to these Terms of Service, which shall from time to time enter into force within 14 days from the date of making the changes and shall be sent to the Client by e-mail to the address indicated in the Reservation Form.
- Any disputes between the Service Provider and the Client, if an amicable settlement is impossible, shall be settled by the competent common court.