Regulations for the provision of services by electronic means

Regulations for the provision of services by electronic means effective from April 28, 2023

§1

General provisions

1. These regulations have been drafted by Sante Sp. z o.o. based in Warsaw (03-301), at Jagiellońska 55A, registered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Division under KRS number: 0000950564, NIP 5241006610, REGON 010827252, BDO number: 000091736, with a share capital of 1,000,000 PLN (hereinafter referred to as “Service Provider”).
2. The regulations define the rules and conditions for Guests’ use of the Service and constitute the regulations for providing services by electronic means within the meaning of Article 8, paragraph 1, point 1) of the Act of July 18, 2002, on the provision of services by electronic means.
3. The regulations are made available in the Service in electronic form, among others, before registration. The regulations are publicly available for review on the Service’s website.
4. Starting to use the Service is preceded by acceptance of the provisions of the regulations.

§2

Definitions

1. User – any natural person, exclusively an adult, with full legal capacity; a legal person; an organizational unit without legal personality, or a natural person authorized to act on behalf of a legal person or an organizational unit without legal personality, who has created a profile on behalf of and for such an entity within their previously created Account in the Service.
2. Services – the service of booking accommodation provided electronically within the Service in accordance with these regulations.
3. Service – the website enabling online hotel room reservations through a booking system, i.e., hotelsante.pl.
4. Account – refers to the User’s account, which allows access to selected Services, created as a result of registration carried out by the User.
5. Account Registration – the action in which the User:
   • confirms that they have read and accept the content of these regulations, the Hotel Regulations, and the Privacy Policy;
   • provides the required data;
   • expresses necessary consents for the provision of Services;
   • expresses other voluntary consents.

§3

Terms and conditions of service provision

1. The Service Provider allows Users to voluntarily use the Service, which involves the possibility of making a reservation for a stay at Hotel Sante, in accordance with the conditions and principles provided on the website.
2. Prices and conditions of stay available in the Service and other sales channels of the Service Provider may differ from each other.
3. Payment for the stay can be made by the Guest via a quick bank transfer or credit card through an external internet payment processing system, in particular through payment using the PayU payment system.
4. During Account Registration and while using the Service, the User is obliged to:
   • provide data that is truthful, accurate, and up-to-date, not misleading and not infringing the rights of third parties;
   • update the provided data immediately after any change.
5. The User is obliged to:
   • use the Service and Services in a manner that does not disrupt their operation, particularly in a manner that does not violate the rights of other Users and in compliance with applicable law, the provisions of the regulations, as well as accepted customs and rules of social coexistence and according to its intended purpose;
   • keep confidential and not disclose to others the login and password to the Account, as well as adhere to the prohibition of disclosing to others data that allows unauthorized access to the Account;
   • update their email address and mobile phone number used in communication between the User and the Service Provider.
6. The User using the Service bears the costs of internet connection to the Service and the purchase of paid Services.
7. The User may at any time submit a statement requesting the deletion of their Account. In the event of Account deletion, all associated User Accounts will also be deleted. The Service Provider confirms receipt of the request to delete the Account by sending a relevant message to the email address provided during registration, containing confirmation of receipt of the request. Sending confirmation is tantamount to the deletion of the Account and all related data and registration data.
8. The deletion of the Account by the User results in the termination of the provision of Services by the Service Provider to the User, without the User’s right to compensation.
9. The User agrees to process information contained in the Service in accordance with applicable laws, particularly the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as well as related national laws and the Privacy Policy available at https://hotelsante.pl/polityka-prywatnosci-i-cookies/.
10. The Service Provider undertakes to make every effort to ensure the proper functioning of the Service and its availability around the clock, as well as to ensure that the information posted within the Service is of the highest quality.
11. The Service Provider reserves the right to:
    • change the functional characteristics and capabilities of the Service, particularly the scope and type of services and functionalities in accordance with the procedure specified in the regulations;
    • periodic technical breaks necessary to develop the Service and minimize the risk of failures. The Service Provider will make every effort to ensure that they do not affect the quality of the services provided within the Service;
    • discontinue the provision of services within the Service to a User who violates the provisions of the regulations (after prior urging the User to cease violations).
12. The Service Provider has the right to block the User’s access to services within the Service if the User:
    • uses the Service, including its content, for purposes inconsistent with their intended purpose or to the detriment of third parties;
    • hinders other Users’ use of the Service and its services;
    • disrupts the functioning of the Service in any way;
    • violates the regulations – after sending a summons to cease violations and the expiry of the designated deadline for cessation.
13. The Service Provider undertakes to make every effort to ensure that all elements placed within the Service function correctly.
14. The Service Provider does not provide file, data, or information archiving services.
15. Access to content or Services posted in the Service may be hindered in the event of a failure caused by reasons beyond the Service Provider’s control. In such a case, the Service Provider will make every effort to restore the ability to access the Service without interruption in the shortest possible time. The Service Provider has the right – after prior informing the User – to temporarily suspend the provision of the Service, e.g., concerning all or some Accounts, in connection with conducting necessary maintenance work or ensuring the security of User data while ensuring minimal inconvenience for the User.
16. The Service Provider reserves the right to withdraw, limit, or modify the content or materials made available within the Service without deteriorating its quality and the services covered by the Service, as well as without affecting the scope of rights and obligations of the User and the Service Provider.
17. In the event of violating the provisions of these regulations, the Service Provider reserves the right to block or completely delete the User’s Account, particularly in cases where:
    • the User violates the regulations,
    • the User posts content in the Service that is inconsistent with applicable laws or prohibited under the provisions of the regulations,
    • the User provides false data necessary for registration in the Service,
    • the User uses the Services or shares information obtained in the Service with third parties, and the User’s actions harm the reputation or goodwill of the Service Provider and other Users in the Service.

§4

Right to withdraw from the distance contract

1. The right to withdraw from the distance contract does not apply to services concerning the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision, in accordance with Article 38, paragraph 1, point 12) of the Act of May 30, 2014, on consumer rights. The right to withdraw from the distance contract does not apply to either the consumer within the meaning of the provisions of the Act of April 23, 1964 – Civil Code and the Act of May 30, 2014, on consumer rights (hereinafter referred to as: Consumer) or to entities that are not Consumers.
2. The lack of the right to withdraw from the distance contract does not apply to stays with the possibility of a refund, provided that the Service Provider explicitly indicated such a possibility in the offer available on the Service’s website.

§5

Provisions concerning entrepreneurs

1. This chapter of the regulations and the provisions contained herein apply only to Users who are not Consumers.
2. The Service Provider has the right to withdraw from the Agreement concluded with the User within 14 calendar days from the date of its conclusion.
3. Withdrawal from the Agreement in this case can occur without stating a reason and does not give rise to any claims by the User against the Service Provider.
4. The Service Provider has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the User and the conclusion of the Agreement.
5. According to Article 558, paragraph 1 of the Civil Code, the Seller’s liability for defects towards the User is excluded.
6. The Service Provider may terminate the Agreement for the provision of electronic services with immediate effect and without stating reasons by sending the User an appropriate statement.
7. The Service Provider shall not be liable to the User for any damages (damnum emergens) and lost profits (lucrum cessans), nor shall it be obliged to pay any compensation claims to the User. All liability of the Service Provider arising from the Agreement is limited – both for a single claim and for all claims to the amount of the remuneration received from the User.
8. All disputes arising between the Service Provider and Users who are not consumers shall be submitted to the competent court based on the location of the Service Provider’s registered office.

    

§6

Complaints

1. Complaints regarding the Services may be submitted to the Service Provider electronically or by traditional mail. The complaint should contain the User’s data (first name, last name, company name, NIP, address, and email address used during registration in the Service), the subject of the complaint with a specification of the request, and any circumstances justifying the complaint. The Service Provider will consider the complaint within 14 days from its submission. The User will be informed of the resolution of the complaint electronically or by traditional mail.
2. Consumers may use out-of-court methods of resolving complaints and pursuing claims. The rules for accessing these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and the Office of Competition and Consumer Protection.
3. Consumers have the right to pursue complaints and claims: 1) through mediation actions of the voivodeship inspectors of Trade Inspection; 2) before permanent consumer arbitration courts at voivodeship inspectors of Trade Inspection.
4. Mediation actions pursuant to Article 36 of the Act of December 15, 2000, on Trade Inspection, are available after the Consumer submits an application to the relevant voivodeship inspector of Trade Inspection for amicable resolution of the dispute between the Consumer and BIK. Information on the rules and procedure of mediation conducted by the voivodeship inspector of Trade Inspection is available at the offices and websites of individual Voivodeship Inspectorates of Trade Inspection.
5. Permanent consumer arbitration courts, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection, are available upon the submission of an application by the Consumer for the resolution of a dispute arising from a concluded agreement by the relevant permanent consumer arbitration court. The regulations governing the organization and operation of permanent consumer arbitration courts are specified in the relevant legal act.
6. Consumers also have the right to contact the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, the Association of Polish Consumers) to obtain free assistance in resolving a dispute between the Consumer and the Service Provider, including to intervene on behalf of the indicated entities concerning the protection of consumer rights and interests. Advice is provided by the Federation of Consumers via a free consumer hotline and by the Association of Polish Consumers.
7. According to EU Regulation No. 524/2013 on the online resolution of consumer disputes, Consumers have the right to resolve disputes with entrepreneurs entering into online sales contracts or service contracts in an out-of-court manner through the EU online platform. A complaint can be submitted using the form available at: https://ec.europa.eu/consumers/odr/.
8. The Service Provider reserves that for reasons beyond its control, the above procedure may be unavailable to the Consumer in a given EU member state, depending on the legislation in that state.
9. The above provisions of this chapter of the regulations are informative and do not imply the Service Provider’s consent to participate in out-of-court methods of resolving complaints and pursuing claims (dispute resolution).
10. In the event that a dispute has not been resolved as a result of a complaint submitted by the Consumer, the Service Provider is obliged to provide the Consumer, in response to the complaint, on paper or another durable medium, with a statement on whether it agrees to resolve the dispute out of court or whether it does not agree to this. The lack of such information automatically means that the Service Provider agrees to resolve the dispute out of court. If the Service Provider agrees to this, it is obliged to promptly indicate to the Consumer which entity is competent to resolve such disputes.

§7

Information on specific risks associated with users’ use of services provided electronically

1. The Service Provider, fulfilling the obligation under Article 6, point 1 of the Act of July 18, 2002, on the provision of services by electronic means, informs about specific risks associated with Users’ use of services provided electronically.
2. The information concerns risks that may occur only potentially but should be taken into account despite the Service Provider implementing security measures to protect the Service Provider’s infrastructure from unauthorized actions by third parties.
3. The basic risks associated with using the Internet include: malware – various types of applications or scripts that have harmful, criminal, or malicious effects on the user’s information technology system, such as viruses, worms, trojans, keyloggers, dialers, spyware – programs tracking user actions that collect information about the user and send it – usually without their knowledge and consent – to the author of the program; spam – unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content; phishing – obtaining confidential personal information (e.g., passwords) by impersonating a trustworthy person or institution; hacking into the user’s information technology system using tools such as exploits and rootkits.
4. To avoid the above threats, you should equip your computer and other electronic devices you use to connect to the Internet with antivirus software. Such software should be constantly updated. Protection against threats associated with users’ use of services provided electronically is also ensured by: an enabled firewall, updating all software, not opening email attachments from unknown sources, reading installation windows of applications and their licenses, disabling macros in MS Office files of unknown origin, regular full system scans with antivirus and antimalware software, encrypting data transmissions, and installing preventive programs (intrusion detection and prevention).

§8

Final provisions

1. In matters not regulated by these regulations, the relevant provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals in relation to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC, the Act of May 30, 2014, on consumer rights, the Act of August 29, 1997, on hotel services, and tour guide services, as well as the provisions of the Civil Code shall apply.
2. The rules and conditions for processing personal data are included in the Privacy Policy at https://hotelsante.pl/polityka-prywatnosci-i-cookies/.
3. The Service Provider reserves the right to make changes to the regulations for important reasons, namely: changes in legal regulations; changes in payment and delivery methods; changes in the characteristics of sold products and methods of their distribution – to the extent that these changes affect the implementation of the provisions of these regulations.
4. In the case of concluding continuous agreements based on these regulations, the amended regulations bind the User if the requirements specified in Article 384 and 384[1] of the Civil Code are met, i.e., the Service Recipient has been properly informed of the changes and has not terminated the agreement within 14 calendar days from the date of notification.
5. The regulations are effective from April 28, 2023.