Terms of sales via digital means.
INTRODUCTION The Gromada National Tourist Cooperative will introduce the following Terms and Conditions based on the provisions of the Act of July 18, 2002. on the provision of digital services (Journal of Laws. 2002 Number 144 item 1204, amended) Chapter 1 General provisions Definitions of terms used in the Terms and Conditions: Act - Act on Providing Services via Digital Means from July 18, 2002. (Journal of Laws 2002. No. 144, item. 1204), Information technology system - a set of cooperating computer devices and software that ensure processing and storage, as well as sending and receiving data through telecommunication networks. The said networks use a terminal device appropriate for a given type of network in the sense of telecommunications law. Services via digital means - the provision of a service that takes place by sending and receiving data through information and communication systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, and this data is transmitted via public networks in the sense of telecommunications law. Means of digital communication - technical solutions, including teleinformatics devices and the software tools that cooperate with them. These, in turn, enable individual communication at a distance using data transmission between teleinformatics systems, and in particular email. Service Provider - the Gromada Tourist Cooperative Service recipient - an entity that uses the services of the Service Provider. The recipient can enter into the contract for the provision of services as a private person, a legal person or an organizational unit not having legal status. All service recipients must comply with the terms and conditions. The service recipient is also an entity that orders the provision of specific services digitally on the terms specified below. Technical specification - a set of information about the Provider's IT system and the technical requirements necessary for cooperation with this system. The operator of the website www.gromada.pl is PROFITROOM LLC headquartered in Poznan. The service recipient, by using the service via the website, declares that he / she accepts the terms and conditions without the need to draw up a separate agreement. Chapter 2 General terms for the provision of digital services.. The Service Provider provides services to the Service Recipient in the scope and on the terms specified in the terms and conditions. The service recipient agrees to comply with these terms and conditions. The service recipient is obliged to comply with the prohibition of abusing digital communication means and not to deliver content via or to the service provider's IT systems that disrupts their operation or overloads its IT systems, infringes upon the rights of third parties, violates generally accepted social norms, or is inconsistent with universally applicable legal regulations. The service provider reserves the right to carry out maintenance work on the IT system, which may cause difficulties or prevent service recipients from using the services. The schedule of works and the estimated duration will be published on the website before they start. In special cases affecting the safety or stability of the IT system, the Service Provider has the right to temporarily cease or limit the provision of services without prior notice. The provider also reserves the right to carry out maintenance work aimed at restoring the safety and stability of the IT system. The Service Provider ensures users' confidentiality of communication, also known known as "telecommunication confidentiality ". This includes information transmitted over the public Internet, data related to and entered by the Users only within the Service Provider's teleinformation system and only in the case where the information covered by "telecommunication confidentiality" is not publicly available by default or its disclosure is not necessary for the proper provision of the service in question. Information covered by "telecommunication confidentiality" can only be disclosed in cases specified by contract or by law. Information covered by "telecommunication confidentiality" may be processed by the Service Provider only when their processing is the subject of the service provided. Other instances when the Service Provider can process such data is when it is is necessary for proper performance, as well as in the context of the monitoring of the Service Provider's IT system. Access to information about changes regarding the method and scope of the services rendered by the Service Provider, as well the requirement to inform Service Recipients of any changes will be done through the official webpage and/or via an electronic mail newsletter. This legal obligation is a result of Art. 6 of the Act on Providing Services by Digital Means. Detailed technical requirements necessary for cooperation with the Service Provider's IT system: In order to properly use the website and the services provided electronically by OST Gromada, a user's computer must meet the following minimum technical requirements: internet access, an installed browser - Mozilla Firefox is recommended, and having an active and properly configured email account. While the website is used, cookies are installed in the User's IT system. The condition for using the website is to allow the installation of Cookies. Chapter 3 Types and scope of services provided digitally. The service provider provides digital services in the field of: booking accommodation in the Service Provider's facilities Newsletter subscription I. Booking accommodation 1. Booking process. Booking via www.gromada.pl. It is done by performing the actions recommended by the automatic booking system, filling out the booking form, and making the required payment. The booking is considered completed at the moment the person making the reservation finalizes payment through the eCard payment system. The person making the reservation bears full responsibility for the consequences resulting from providing incorrect information on the form. The prices shown in the system are per room/apartment for 1 night. They include the cost of breakfast and VAT tax. If an offer does not include breakfast or includes other additional services, such information is provided in the price description displayed in the system during the booking process. For services not covered by the order (e.g. additional accommodation, pay-per-view television or mini bar in the hotel), the fee must be settled on site by the customer. The currency of payment is the Polish zloty (PLN). Prices presented in EURO are converted to the current (daily) exchange rate. Any differences in final price may be a result of exchange rate discrepancies of the transaction carried out by the credit card service center of the person making the reservation or the bank of the person making the reservation. 2. Making payments and issuing an invoice Payments are made directly during the booking process and are a condition of its confirmation. A prepayment is required in the amount set by the hotel (0-100% of the service price). A completed reservation is considered guaranteed. The intermediary in the execution of payments is the eCard payment platform. Accepted payment options (types of credit cards and transfers supported by eCard) are always displayed when making a reservation through the system. Some offers might require lower deposits. The hotel is obliged to issue a VAT invoice immediately after receiving payment or within 7 days from the date of service completion. For individuals not conducting business activities, the hotel is obliged to issue a VAT invoice only "on request". If the necessary data for issuing an invoice is not provided, the hotel will assume that the reservation was made by a private person, and that the issuance of a VAT invoice is not required. 3. Booking confirmation The www.gromada.pl service system automatically confirms the reservation after payment has been made - a confirmation message is generated automatically. The reservation is considered guaranteed. Additionally, the system automatically generates a confirmation email sent to the address provided by the person making the reservation. In the case of an additional service not covered by the reservation system and requiring individual confirmation from the hotel, it is necessary to contact the selected hotel. A response will be provided within 24 hours. 4. Scope of responsibility of the operator - hotel The hotel is not responsible for lack of access to the reservation system due to reasons beyond the hotel's control. For safety reasons and any other reasons independent of the hotel, the hotel has the right to temporarily suspend access to the www.gromada.pl service for a period of time that is necessary to eliminate any threats or irregularities. The hotel may offer to provide a service of a similar standard at the time specified in the form when the execution of the booked service proves impossible to fulfill due to the fault of third parties. In the event that the person making the reservation does not consent to the provision of a service of a similar standard, or if the provision of the service proves to be impossible due to reasons dependent on the hotel, then the hotel is obliged to provide a full refund. The refund will be made using the same method that the original payment was made. The refund made to the person making the reservation will thus fully satisfy all claims for the lack of rendered service. The refund will occur no later than within one week (7 days) from the start date of the booking. The hotel is not responsible for temporary inconveniences beyond the hotel's control such as: a temporary lack of water, heating, electricity, and air conditioning.. as well as the repair or maintenance of equipment. The hotel will strive to remove the above-mentioned inconveniences as soon as possible. In the event of extraordinary circumstances, independent of either party, such as natural disasters, strikes, outbreak of war, or other exceptional situations that prevent the service from rendered accordance with the agreement, the hotel is released from its accepted obligation. In the event that the client identifies defective performance of the contract during the service period (i.e. inconsistent with the terms of reservation and the description of the service/product posted on www.gromada.pl , the customer should immediately notify the service provider. 5. Changes and cancellation policy Every change or cancellation should be ordered in written form and sent via email or fax to the hotel the reservation pertains to. Changes and cancellations must always be confirmed by the appropriate hotel. Guaranteed individual reservations can be canceled free of charge until 18:00 (CET) on the day before arrival Canceling the reservation after this time will not result in a refund of prepayment. For prices that are subject to special conditions such as package prices and prices for additional services (admission fees, concert tickets) each hotel has its own pricing and cancellation policies. In the event that the cancellation pertains to a special offer reservation, and the price description contains cancellation conditions different than those mentioned above, the conditions specified directly for the given price offer are considered binding. Offers marked with the clause "Attention! Special offer, in case of any changes or cancellations, we do not refund the cost for the first night / for the entire stay" are NOT subject to free cancellation. II. Newsletter Subscription People who ordered this service through the Newsletter form are considered newsletter subscribers . The service order includes: entering the correct email address and confirming the subscription by confirming the subscription via the automatically sent email to the provided email address. The email addresses of people who do not confirm their desire to receive the Newsletter are deleted. At any time, it is possible to unsubscribe from the Newsletter via the link attached to each sent email. Chapter 4 Personal data protection Detailed rules for the protection of personal data are included in the Privacy Policy posted on www.gromada.pl, which is an integral part of these terms and conditions. By using the OST Gromada webpage in any way, the User accepts the rules contained in the Privacy Policy and Cookie Policy of www.gromada.pl. Chapter 5 Terms of concluding and terminating contracts In the case of booking accommodation, the contract is concluded at the moment of making the reservation and receiving, via email to the specified email address, confirmation. Resignation and termination of the contract in the case of booking accommodation depends on the choice of offer and the reservation conditions contained therein. In the case of a Newsletter subscription, the Service Provider agrees to commence the provision of the service starting from the next shipment or publication of the Newsletter, from the moment of registration in the Service Provider's database. Promotional or commercial information is considered ordered if the Service Recipient has agreed to receive such information by registering in the Service Provider's database, in particular by providing an identifying email address for this purpose. The service recipient may at any time opt out of receiving offers by using the attached link, through direct email contact, or by phone. The resignation referred to in point 5 is equivalent to the termination of the contract for the provision of services by digital means. Chapter 6 Complaint procedure Claims can be made on the basis of: Failure on the part of the Service Provider to meet the deadline specified in the contract for the commencement of services for the Service Recipient, Non-performance, improper performance of services or faulty settlement thereof. The complaint must be in written form, otherwise it will be considered invalid. A complaint can be filed within 30 days from the day the service was performed or was supposed to be performed. A complaint about non-performance or improper performance of a service must include its subject and the circumstances justifying it. The service provider reviews complaints within 14 days, counting from the day of its submission. If the complaint cannot be reviewed during this time, the Service Provider will notify the complainant in writing about the reasons for the delay and the expected date of complaint consideration. In case of violation of the complaint procedure terms, the complaint may not be recognized. Chapter 7 Transitional and final provisions In matters not regulated by these regulations, the provisions of the Civil Code (Journal of Laws 1964 no. 16, item 93 with amendments), as well as Act on the Provision of Services Rendered Digitally (Journal of Laws 2002, No. 144 item 1204, amended) and other generally applicable laws apply. The appropriate court to resolve disputes arising from these Terms and Conditions is the Common Court, appropriate for the headquarters of the Service Provider.