Hotel Regulations

Hotel Regulations

§1

General Provisions

1. These regulations have been prepared by Sante Sp. z o.o., located in Warsaw (03-301), at Jagiellońska 55A, entered into the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XIV Economic Department under KRS number: 0000950564, NIP 5241006610, REGON 010827252, BDO number: 000091736, share capital: 1,000,000 PLN (hereinafter referred to as “Hotel Sante”), and define the rules of the hotel operation and the provision of hotel services.
2. Guests are required to adhere to these regulations from the moment they start using the services provided by Hotel Sante. The provision of services and the guest’s stay at the hotel shall be governed by the regulations.

§2

Definitions

2. Guest – any natural person, exclusively an adult, having 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 previously created a profile on behalf of and for such an entity within their account created in the Service.
3. Services – any services provided by Hotel Sante, especially hotel services.
4. Service – a website enabling online hotel room reservation through a reservation system, i.e., hotelsante.pl

§3

Type and Scope of Offered and Provided Services

1. Hotel Sante provides hotel services in accordance with the Act of 29 August 1997 on tourist services, services include in particular the rental of hotel rooms.
2. The possibility of booking a hotel room can be done through:

• Electronic means – via the reservation system located on the website – an interactive form provided by third parties, enabling the booking of a hotel room in the hotel, in accordance with the regulations for the provision of electronic services,
• Telephone or via email,
• In person – at the hotel reception.

3. Within the operation of the hotel, hotel services are provided in accordance with the awarded category and standard of the hotel. In case of reservations regarding the quality of the provided services, the guest is asked to report them at the hotel reception during their stay, which will enable an immediate response from Hotel Sante.
4. At the request of the Guest, within the operation of Hotel Sante, the following additional services are provided, among others:

• Providing information related to the stay and travel,
• Storing valuables in a safe during the guest’s stay in the hotel, in accordance with the relevant provisions of the Civil Code,
• Luggage storage (the hotel may refuse to store luggage at times other than the dates of the guest’s stay and may refuse to store  items that do not have the characteristics of personal luggage).

5. All services not mentioned in the reservation conditions are additionally payable according to the current price list.
6. Hotel Sante does not accept pets.
7. The hotel accepts children over 12 years of age.

§4

Hotel Day

1. A room in the hotel is rented for days. The hotel day starts at 14:00 on the day of arrival and ends at 12:00 on the day of departure. If the guest, when renting a room, does not specify the duration of the stay, it is assumed that the reservation was made for one day of room rental.
2. At the request of the guest and subject to availability, Hotel Sante may extend the hotel day for an additional fee, according to the current price list of Hotel Sante.
3. The wish to extend the stay or extend the hotel day must be reported by the guest at the reception by 10:00 on the day of the original departure. Hotel Sante will consider the request to extend the stay subject to availability.
4. In the situation where the guest does not leave the room after the hotel day has expired, Hotel Sante reserves the right to pack the guest’s belongings by at least two representatives of Hotel Sante, one of whom must be a hotel employee. Such packed items will be stored in the hotel’s depository and will be available for collection at the reception.
5. The wish to shorten the stay must be reported by the guest at the hotel reception no later than 12:00 on the day before the planned shortening of the stay. Otherwise, the next hotel day is considered to have started.
6. In case the guest does not leave the room by the designated reservation term, Hotel Sante has the right to charge an additional fee according to the current price list of Hotel Sante.

§5

Hotel Rooms

1. Items left in the hotel room after the guest’s departure or in case of non-collection of items referred to in §4 section 4 of the Regulations, will be sent to the address indicated by the guest – at his request and expense.
2. In case the guest does not express the wish to collect the items, Hotel Sante stores the left items for a period of 24 hours (food, perishable products) or 3 months from the day of packing the items.
3. The guest may not transfer the room to other persons without prior registration of that person at the hotel reception. Hotel Sante has the right to charge the guest a fee according to the current price list of Hotel Sante for not registering the person at the hotel reception.
4. Unregistered persons in the hotel may stay in the hotel room after informing the hotel reception, only between 6:00 – 22:00.
5. After checking in at the hotel, the guest should familiarize themselves with the room equipment and keep it in an undamaged condition, in case of noticing damages the guest should immediately notify the hotel reception.
6. In case of not informing the hotel reception immediately about the occurrence of damages and defects in the hotel room, the guest may be held financially responsible for the damage caused.
7. The guest bears responsibility for damages to the hotel property caused by themselves, persons for whom they are responsible, and visiting persons.
8. Hotel Sante bears responsibility for the loss or damage of items brought in by the guest to the extent specified by the relevant provisions of the Civil Code.
9. Valuables, money, and documents should be stored in a locked safe, located in the room or in the depository at the reception.

§6

Stay

1. The guest is obliged to pay for their stay upon check-in at the hotel, as well as for any ordered or used services and goods, no later than at the time of checking out of the hotel.
2. Quiet hours are enforced in the hotel from 10:00 PM to 6:00 AM.
3. The behavior of guests and those using the hotel’s services should not disturb the peaceful stay of other guests in the hotel, as well as clients using the hotel Sante’s service activities. The hotel may refuse to continue providing services to a person who violates this rule.
4. Smoking is prohibited in the hotel. In case of violating the smoking ban, the hotel guest may be charged a contractual penalty of 500 PLN for each confirmed violation and is also obliged to cover the costs of unjustified calls to services automatically notified by the fire alarm system.
5. Each time, when leaving the hotel room, the guest is obliged to properly secure it to prevent access by third parties. During the guest’s absence in the room, windows and doors must remain closed.
6. For fire safety reasons, the use of devices not provided as room equipment (e.g., heaters, electric stoves, etc.) in hotel rooms is prohibited.
7. In case of losing the hotel card or malfunction of the hotel room door, the guest is required to immediately inform the hotel reception.
8. Upon the guest’s request, hotel staff will enable the opening of the hotel room door only after prior verification of the guest’s identity based on a valid document. In case of losing the hotel card, the lost card will be deactivated, and a new one will be issued.

§7

Right of Withdrawal from a Distance Contract

1. The right of withdrawal from a distance contract does not apply to services related to accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure activities, entertainment events, sports or cultural, if the contract specifies the day or period of service provision, in accordance with Article 38 (1) point 12 of the Act of May 30, 2014, on consumer rights. The right of withdrawal from a distance contract does not apply to both consumers 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), as well as entities not being Consumers.
2. The lack of the right to withdraw from a distance contract does not apply to stays with the possibility of return, provided that Hotel Sante has clearly indicated such a possibility in the offer available on the website of the Service.

§8

Complaints

1. Complaints regarding Services can be submitted to Hotel Sante electronically or by traditional mail. The complaint should include the guest’s details (name, surname, reservation number), the subject of the complaint with an indication of the request, and all circumstances justifying the complaint. Hotel Sante will consider the complaint within 14 days of its submission. The guest will be informed about the resolution of the complaint electronically or by traditional mail. Complaints should be sent to reklamacje@hotelsante.pl.
2. The Consumer may use extrajudicial means of dealing with Complaints and pursuing claims. The rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, and the Office of Competition and Consumer Protection.
3. The Consumer is entitled to the examination of Complaints and pursuit of claims through:

• mediation actions of provincial inspectors of the Trade Inspection,
• before permanent amicable consumer courts at the provincial inspectors of the Trade Inspection,
• Provincial inspector of the Trade Inspection.

4. Mediation actions, according to the Act of December 15, 2000, on the Trade Inspection, are available upon submission of an application by the Consumer to the competent provincial inspector of the Trade Inspection regarding the amicable settlement of the dispute between the Consumer and BIK. Information on the principles and procedure of mediation conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the respective Provincial Inspectorates of the Trade Inspection.
5. Permanent amicable consumer courts, referred to in Article 37 of the Act of December 15, 2000, on the Trade Inspection, are available through the submission of an application by the Consumer for the consideration of the dispute arising from the concluded contract by the competent permanent amicable consumer court. The regulation of the organization and operation of permanent amicable consumer courts is defined by the relevant legal act.
6. The Consumer also has the right to turn to the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumer Association) to obtain free assistance in resolving the dispute between the Consumer and Hotel Sante, including the intervention by the aforementioned entities to Hotel Sante in matters of protecting the rights and interests of consumers. Advice is provided by the Consumer Federation through a free consumer helpline and by the Polish Consumer Association.
7. According to Regulation EU No. 524/2013 on the online dispute resolution for consumer disputes, Consumers have the right to resolve disputes with entrepreneurs concluding online sales contracts or service provision contracts, in an extrajudicial manner through the EU online platform. A complaint can be submitted on the form available at: http://ec.europa.eu/consumers/odr/.
8. Hotel Sante 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 country.
9. The above provisions of this chapter of the Regulations are informative and do not imply Hotel Sante’s consent to participate in extrajudicial means of dealing with Complaints and pursuing claims (dispute resolution).
10. In the event that a dispute has not been resolved following a complaint submitted by the Consumer, Hotel Sante is obliged to provide the Consumer, in response to the complaint, on paper or another durable medium, a statement on whether it agrees to the extrajudicial settlement of the dispute or does not consent to it. The lack of such information automatically means that Hotel Sante agrees to the settlement of the dispute out of court. If Hotel Sante has expressed such consent, it is obliged to immediately indicate to the Consumer the entity competent to consider such disputes.

§9

Provisions Concerning Entrepreneurs

1. This chapter of the Regulations and the provisions contained therein apply exclusively to Guests who are not Consumers.
2. Hotel Sante is entitled to withdraw from the contract concluded with the Guest within 14 calendar days from the day of its conclusion.
3. Withdrawal from the contract in this case can occur without stating reasons and does not give rise to any claims on the part of the Guest towards Hotel Sante.
4. Hotel Sante has the right to limit available payment methods, including also requiring full or partial prepayment regardless of the payment method chosen by the Guest and the fact of concluding the Agreement.
5. According to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty to the Guest is excluded.
6. Hotel Sante may terminate the contract with immediate effect and without stating reasons by sending the Guest an appropriate statement.
7. Hotel Sante shall not be liable to the Guest for any damage incurred (damnum emergens) and lost benefits (lucrum cessans), including it will not be obliged to pay any compensation claims to the Guest. Any liability of Hotel Sante arising from the Agreement is limited – both within the scope of a single claim and for all claims to the sum of the remuneration received from the Guest.
8. Any disputes arising between Hotel Sante and the Guest who is not a consumer shall be submitted to the court competent for the seat of Hotel Sante.

§10

Final Provisions

1. In matters not regulated in the Regulations, the relevant provisions of Regulation of the European Parliament and of the Council (EU) 2016/679 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, the Act of May 30, 2014, on consumer rights, the Act of August 29, 1997, on hotel services and services of tour leaders and tourist guides, and the provisions of the Civil Code shall apply.
2. The principles and conditions for processing personal data are contained in the Privacy Policy at https://hotelsante.pl/polityka-prywatnosci-i-cookies/.
3. Hotel Sante reserves the right to make changes to the Regulations for important reasons, i.e., changes in the law; changes in payment and delivery methods, changes in the characteristics of the products sold and their distribution methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
4. In the case of contracts of a continuous nature concluded under these Regulations, the amended regulations bind the Guest if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., Hotel Sante was properly notified of the changes and did not terminate the contract within 14 calendar days from the day of notification.
5. The Regulations are effective from April 28, 2023.