Terms and conditions of electronic services

Terms and conditions of electronic services, effective from April 28th, 2023

§1

General provisions

1. The regulations have been prepared by Sante Sp z o.o. with its registered office in Warsaw (03-301), at ul. Jagiellońska 55A, entered into the National Court Register, maintained by the District Court for the Capital City of Warsaw, XIV Commercial Division under KRS no.: 0000950564, NIP 5241006610, REGON 010827252, BDO no.: 000091736, share capital: 1,000,000 PLN (hereinafter referred to as the “Service Provider”).
2. The Regulations determine the principles and conditions of using the Service by Guests and constitute the regulations for the provision of electronic services within the meaning of art. 8 para. 1 point 1) of the Act of 18 July 2002 on the provision of electronic services.
3. The Regulations are made available in electronic form on the Service, among others, before Registration. The Regulations are publicly available for viewing on the Service’s website.
4. The use of the Service is preceded by the acceptance of the provisions of the Regulations.

§2

Definitions

1. User – any natural person, exclusively an adult person, having full legal capacity; 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, within his or her Account previously created in the Service, created a profile on behalf and for the benefit of such entity.
2. Services – an electronic reservation service for accommodation provided within the Service in accordance with these Regulations.
3. Service – a website enabling online hotel room reservations through a reservation system, i.e., hotelsante.pl/en/.
4. Account – means a User’s account that allows access to selected Services, created as a result of the User’s Account Registration.
5. Account Registration – an action, within which the User:
   • confirms that he/she has read and accepted the contents of these Regulations, the Hotel Regulations and the Privacy Policy;
   • provides the required data;
   • gives the necessary consents for the provision of Services;
   • gives other voluntary consents.

§4

Terms and conditions of service provision

1. The Service Provider enables Users to voluntarily use the Service, which consists of the possibility to make a reservation for a stay at the Hotel Sante, in accordance with the terms and conditions provided on the Service’s website.
2. Prices and conditions of stay presented on the Service’s website and other sales channels of the Service Provider may differ from each other.
3. The fee for the stay may be paid by the Guest via a quick bank transfer or by credit card through an external online payment system, in particular through the PayU payment system.
4. The User, during the Account Registration and while using the Service, is obliged to:
   • provide true, accurate, up-to-date, non-misleading and non-infringing data of third party rights;
   • update the provided data immediately after any changes to that data.
5. The User is obliged to:
   • use the Service and Services in a way that does not disturb their functioning, particularly in a way that does not violate the rights of other Users, in accordance with the provisions of the Regulations, as well as the customs and rules of social coexistence and in accordance with its purpose;
   • keep the login and password to the Account confidential and not share them with other people, as well as comply with the prohibition of disclosing data that enable unauthorized access to the Account to other people;
   • update the email address and mobile phone number used for communication between the User and the Service Provider.
6. The user using the Service bears the cost of the internet connection to the Service as well as the purchase of paid Services.
7. The user may at any time submit a statement containing a request to delete their Account. In the event of the deletion of the User’s Account, all Accounts related to it are also deleted. The Service Provider confirms receipt of the request to delete the Account by sending a relevant message to the e-mail address provided by the User during registration, containing confirmation of receipt of the request. Sending the confirmation is equivalent to the deletion of the Account and all data associated with it, as well as registration data.
8. Deleting the Account by the User results in the Service Provider ceasing to provide Services to the User, without the right of the User to compensation.
9. The User undertakes to process the information contained in the Service in accordance with applicable laws, in particular the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 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, as well as related national legal acts and the Privacy Policy located on the website 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, in particular the scope and type of services and functionalities, while maintaining the procedure specified in the Regulations;
    • periodic technical breaks necessary for developing the Service and minimizing 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 providing services within the Service to a User who violates the provisions of the Regulations (after prior notice to the User to cease the violations).
12. The Service Provider has the right to block the User’s access to the services within the Service if the User:
    • uses the Service, including its content, for purposes contrary to their intended purpose or to the detriment of third parties;
    • hinders other Users from using the Service and its services;
    • disrupts the functioning of the Service in any way;
    • commits a breach of the Regulations – after receiving a request to cease the breaches and an ineffective lapse of the set deadline to refrain from such behavior.
13. The Service Provider undertakes to make every effort to ensure that all elements placed within the Service operate correctly.
14. The Service Provider does not provide archiving services for files, data, or information.
15. Access to the content or services provided within the Service may be hindered in the event of a malfunction caused by reasons beyond the Service Provider’s control. In such a case, the Service Provider will make every effort to restore the possibility of uninterrupted access to the Service in the shortest possible time. The Service Provider has the right to periodically suspend the provision of the Service, e.g., regarding all or some Accounts, after prior notification of the User, due to the necessary maintenance work or work aimed at ensuring the security of the User’s data, in a way that minimizes the 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 affecting its quality and the services covered by the Service, as well as without affecting the scope of the User’s and the Service Provider’s rights and obligations.
17. In the event of a breach of the provisions of these Regulations, the Service Provider reserves the right to block or completely delete the User’s Account, in particular when:
    • the User violates the Regulations;
    • the User places content on the Service that is contrary to the applicable provisions of the law 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 provides information obtained on the Service for the benefit of third parties, and the User’s actions harm the reputation of the Service Provider and other users of the Service.

§4

Right of withdrawal from a distance contract

1. The right of withdrawal from a distance contract does not apply to services related to the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the day or period of service provision is specified in the contract, in accordance with Art. 38 para. 1 point 12) of the Act of 30 May 2014 on Consumer Rights. The right of withdrawal from a distance contract does not apply to both a consumer within the meaning of the provisions of the Civil Code of 23 April 1964 and the Act of 30 May 2014 on Consumer Rights (hereinafter referred to as the “Consumer”), as well as to entities that are not Consumers.
2. The lack of the right of withdrawal from a distance contract does not apply to a stay with the possibility of a refund, provided that the Service Provider clearly indicated such a possibility in the offer on the website of the Service.

§5

Provisions regarding entrepreneurs

1. This chapter of the Terms and Conditions, as well as the provisions contained therein, apply exclusively 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. In this case, withdrawal from the Agreement may take place without giving any reason and does not give rise to any claims against the Service Provider on the part of the User.
4. The Service Provider has the right to limit available payment methods, including requiring full or partial payment in advance, regardless of the payment method chosen by the User and the fact of concluding the Agreement.
5. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability for warranty claims against the User is excluded.
6. The Service Provider may terminate the Agreement for the provision of electronic services with immediate effect and without indicating any reasons by sending the User an appropriate statement.
7. The Service Provider shall not be liable to the User for any damage incurred (damnum emergens) or lost profits (lucrum cessans), including any obligation to pay any compensation claims to the User. Any liability of the Service Provider arising from the Agreement is limited – both in the case of a single claim and for all claims – to the amount of the remuneration received from the User.

§5

Complaints

1. Complaints regarding Services can be submitted to the Service Provider electronically or by traditional mail. The complaint should include the User’s data (name, surname, company name, tax identification number, address, and email address used for registration on the Website), the subject of the complaint with an indication of the demand, and all circumstances justifying the complaint. The Service Provider will consider the complaint within 14 days of its submission. The User will be informed of the outcome of the complaint by electronic means or traditional mail.
2. Consumers may use out-of-court methods of complaint resolution and claiming compensation. The rules for accessing these procedures are available at the offices and on the websites of district (city) consumer advocates, social organizations whose statutory duties include consumer protection, Provincial Inspectorates of Commercial Inspection, and the Office of Competition and Consumer Protection.
3. Consumers have the right to have their complaints and claims resolved: 1) through mediation by provincial commercial inspectors; 2) before permanent consumer arbitration courts at provincial inspectorates of commercial inspection. 5. Provincial Inspectorate of Commercial Inspection.
4. Mediation proceedings, in accordance with Art. 36 of the Act of December 15, 2000, on Commercial Inspection, are available after the Consumer submits an application to the competent provincial inspector of Commercial Inspection for an amicable settlement of the dispute between the Consumer and the Service Provider. Information on the rules and procedure for mediation conducted by the provincial inspector of Commercial Inspection is available at the offices and on the websites of individual Provincial Inspectorates of Commercial Inspection.
5. Permanent consumer arbitration courts, referred to in Art. 37 of the Act of December 15, 2000, on Commercial Inspection, are available by the Consumer submitting an application for the settlement of a dispute arising from the concluded agreement to the competent permanent consumer arbitration court. The regulations for the organization and operation of permanent consumer arbitration courts specify the appropriate legal act.
6. Consumers also have the right to contact the district (city) consumer advocate or social organization whose statutory duties include consumer protection (including the Federation of Consumers, Polish Consumers Association) to obtain free assistance in resolving the dispute between the Consumer and the Service Provider, including representation by the above-mentioned entities before the Service Provider in matters of protecting consumer rights and interests. Advice is provided by the Federation of Consumers on a toll-free consumer helpline and by the Polish Consumers Association.
7. In accordance with EU Regulation No 524/2013 on online consumer dispute resolution, Consumers have the right to resolve disputes with entrepreneurs who have concluded online sales agreements or contracts for the provision of services through an out-of-court procedure via the European online platform. A complaint can be submitted on a form available at: http://ec.europa.eu/consumers/odr/.
8. The Service Provider reserves the right to inform the Consumer that the above procedure may not be available in a particular EU member state due to the legislation in that country, which is beyond the control of the Service Provider.
9. The provisions of this chapter of the Regulations are for informational purposes only and do not constitute the Service Provider’s consent to participate in alternative dispute resolution methods and claims (dispute resolution).
10. In the event that a dispute arising from the Consumer’s complaint is not resolved, the Service Provider is obliged to provide the Consumer, in response to the complaint, with a statement on paper or another durable medium stating whether they agree to settle the dispute out of court or not. Failure to provide such information automatically means that the Service Provider agrees to settle the dispute out of court. If the Service Provider agrees to settle the dispute out of court, they are obliged to immediately inform the Consumer which entity is responsible for resolving such disputes.

§7

Information about specific risks associated with users using electronic services

1. The Service Provider, fulfilling the obligation under Article 6(1) of the Act of 18 July 2002 on the provision of electronic services, informs about specific risks associated with the use of electronic services by Users.
2. The information concerns potential threats that may occur, despite the Service Provider’s use of measures to secure the Service Provider’s infrastructure against unauthorized actions by third parties.
3. The basic risks associated with using the Internet include: malicious software (malware) – various applications or scripts that have harmful, criminal or malicious effects on the user’s teleinformatics system, such as viruses, worms, trojans (Trojan horses), keyloggers, dialers, spyware – programs that track user actions, gather information about the user, and send it – usually without their knowledge and consent – to the program’s author; spam – unwanted and unsolicited electronic messages sent simultaneously to multiple recipients, often containing advertising content; obtaining confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution (phishing); hacking into the user’s teleinformatics system using tools such as exploit and rootkit.
4. To avoid the above threats, you should equip your computer and other electronic devices that you use when connecting to the Internet with an antivirus program. Such a program should be constantly updated. Protection against threats associated with the use of electronic services by users is also provided by: an enabled network 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 comprehensive system scans with antivirus and anti-malware software, data transmission encryption, and installation of preventive programs (detection and prevention of hacking).

§8

Final provisions

1. In matters not covered by the Regulations, the relevant provisions of the 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 30 May 2014 on consumer rights, the Act of 29 August 1997 on hotel services and tourist guides and the provisions of the Civil Code shall apply.
2. The principles and conditions of personal data processing are set out in the Privacy Policy at https://hotelsante.pl/en/privacy-policy/.
3. The Service Provider reserves the right to make changes to the Regulations for valid reasons, i.e. changes in the law, changes in payment and delivery methods, changes in the characteristics of the products sold 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 contracts of a continuous nature based on these Regulations, the amended regulations are binding on the User if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification.
5. The Regulations shall enter into force on 28 April 2023.