OWU

General Terms and Conditions of Agreements for accommodation and organization of events (events)

in Hotele Diament Spółka Akcyjna

Hotele Diament Spółka Akcyjna with its registered office in Gliwice, 50 Dąbrowskiego Street 44-100 Gliwice; whose registration documentation is kept at the District Court in Gliwice, 10th Commercial Division, under the KRS entry number: 0000355866; NIP: 6450000606; with a share capital in the amount of PLN 82,662,010.00, paid in full, hereinafter referred to as Hotele Diament, through these General Terms and Conditions of Contracts, defines the general principles of accommodation contracts and event organization by Hotele Diament. The General Terms and Conditions of Contracts constitute the basic basis of rules shaping the relations between the parties.

Chapter 1 Definitions

1. „GTC"- means these General Terms and Conditions of Agreements for Accommodation and Event Organization at Hotel Diament S.A.
2. „hotel"- means a hotel facility or a group of such facilities, with available information, the legal title of which is owned by Hotele Diament.
3. „client"- means a natural person, legal person or an organizational unit without legal personality that has concluded a contract of accommodation or organization of an event with Hotele Diament.
4. „parties ”- it is understood as Hotele Diament and the client.
5. "Guest" - means a natural person using the services offered in a selected hotel as part of an accommodation contract.
6. "Participant" - means a natural person using the services offered at a selected hotel of Hotele Diament as part of the event organization agreement;
7. „event "- means the order by the client of rooms and rooms for the organization of the event and its organization by Hotele Diament or by the client, which may or may not be related to the catering 
8. service,
9. "Accommodation" - means the rental of hotel rooms.

Chapter 2 General Provisions

1. Unless the Parties have agreed otherwise in the content of the Agreement or the Order, the provisions of these GTC shall apply directly to the Agreements or Orders placed with Hotele Diament and shall be binding on the Parties as follows.
2. The GTC are an integral part of the Agreements concluded by the client with Hotele Diament and the Orders placed by the client with Hotele Diament.
3. No general terms and conditions of the client's contracts may be used for contractual relations based on the Agreement, the Order, the GTC of which are an integral part thereof, unless the Hotele 
4. Diament express their separate written consent to the content of such terms of the client.
5. In particular, the customer confirms that, in the event of signing the Agreement, placing an Order with or recalling any additional conditions, if the Agreement or Order has been previously signed by Hotele Diament, the above-mentioned general terms and conditions of the customer or other general commercial conditions will apply only to this extent, in which they will be previously approved in writing by Hotele Diament.
6. The GTC constitute an integral part of the Agreement or the Order. In order to make the GTC effective, it does not require a separate declaration of will by the Parties. If the GTC are not attached to the Agreement or the Order, the customer is bound by the GTC in the version in force in the version published on the day of concluding the Agreement or placing the Order on the Hotel Diament website at: www.hotelediament.pl  
7. An agreement or an Order with the client should be concluded in writing signed by both Parties, with the proviso that the Agreement may be concluded by accepting the client's Order by means of an approval made by Hotele Diament, including ICT systems belonging to Hotel Diament. Hotele Diament may confirm the acceptance of the Order in writing or via e-mail.
8. In the event that a third party makes a reservation of accommodation or an event for the client, that person shall be jointly and severally liable towards Hotel Diament as the booking party.

Chapter 3 Services, prices, payments, invoice

1. If the Agreement is concluded in the form of acceptance of the Order by Hotele Diament, the prices specified by Hotele Diament in the acceptance of the Order shall apply; of a written agreement, the prices specified in the Agreement shall apply; implied or verbally, the prices according to the current price list of the hotel concerned apply.
2. The agreed prices are net prices, to which will be added tax on goods and services at the rate applicable on the date of issue of the invoice. In the case of prices resulting from the pricelist, the prices are gross prices.
3. Hotele Diament may increase prices in the event that local charges for accommodation (for example, a tourist tax) become applicable after the conclusion of the Agreement or acceptance of the Order and before their execution (the need to collect it from the guest or client on the date of using the service) or when the download will be increased before the service is performed. The price increase is limited to the costs of the above local fees.
4. Bills and invoices issued by Hotele Diament should be paid immediately after their receipt, unless the Parties expressly agreed other payment terms in the Agreement or the Hotele Diament confirmed other conditions in the Order acceptance. In the event of delay in payment, Hotele Diament may charge statutory interest.
5. Disposing of rooms under any legal or factual title other than agreed by the client with the Hotele Diament, including in particular sublet, sublease, lending of allocated rooms, other rooms, rooms by guests is not allowed. 
6. Invitations by customers or guests to the hotel building, including rooms, for interviews, sales and similar events, require the prior written consent of Hotel Diament.
7. When concluding Agreements or accepting Orders, Hotele Diament may require the customer to pay an appropriate advance, down payment or security in the form of a credit card guarantee or in another similar or agreed form by the Parties.
8. In the event of failure to settle the advance, down payment or failure to provide security in the form provided for in point 7 within the time limit agreed by the Parties, Hotele Diament have the right to withdraw from the Agreement or the Order within 7 days from the date of expiry of the deadline.
9. In any case, the forms of securing the payment must be accepted by Hotel Diament - under the pain of the Hotel Diament right to refuse to accept it.
10. In justified cases (e.g. customer's arrears in payments or extending the scope of the Agreement or Order), Hotele Diament may make the conclusion of the Agreement or acceptance of the Order in this respect conditional on increasing the amount of the advance payment or security - up to the amount of the expected costs of this extension.
11. Neither the client nor the guest shall make a claim for the availability of a particular room, unless the hotel has confirmed the availability of that room in writing.
12. Rooms are available to clients and guests during the hours agreed in a given hotel (hotel day). The customer or guest is not entitled to the earlier availability of rooms. Check-in before the check-in time on the day of arrival and check-out after the check-out time on the day of departure are subject to the availability of free rooms. Earlier check-in and check-out must be reported by the client and confirmed in writing by the hotel.
13. In the event of leaving the rooms after the end of the hotel day on the day of departure, Hotele Diament have the right to charge a fee of 50% of the room price for additional use of the room in the event of not leaving the room up to 2 hours after the end of the hotel day on the day of departure, and in the case of leaving the room for more than 2 hours after the end of the hotel day on the day of departure in the amount of 100% of the room price according to the price list of the given hotel and the customer is obliged to pay it.
14. The rules for using the hotel are set out in the regulations of a given hotel.

Chapter 4 Resignation, withdrawal

1. In the event that the Parties have expressly agreed in writing the customer's right to withdraw from the Agreement for Accommodation or an event or Order of Accommodation or an event and the date of withdrawal by the client without paying any fees for the client, the client may withdraw from the Agreement or Order within this period. The customer's right to withdraw from the Agreement or Order expires in the event of failure to exercise this right within the agreed period.
2. In the event that it has been agreed that the customer may withdraw from the Agreement or the Order within a specified period without incurring any costs for it, Hotele Diament may also withdraw from the Agreement or Order within this period.
3. Hotele Diament may withdraw from the Agreement or Order at any time, with immediate effect, in the event of:

• force majeure, including natural disasters and other circumstances for which Hotele Diament is not responsible and which prevent the performance of the Agreement or the Order;
• making a room or event reservation using misleading or false information about important facts, e.g. the identity of the customer or the purpose of the stay;
• a material breach by the customer of these GTC;
• liquidation of the hotel, inability to guarantee adequate accommodation or facilities for the organization of the event due to renovation of the hotel, or other events related to the hotel.

Chapter 5 Number of guests or participants, changes in the number of guests or participants, and changes in the accommodation or event

1. The final number of guests or participants must be determined at least 5 working days before the date of the group accommodation or event. In the event that in practice the number of guests or participants is greater than that specified in the Agreement or the Order, the final price will be calculated on the basis of the actual number of guests or participants and the unit prices specified in the Agreement or the Order, or according to the hotel price list as selected by Hotele Diament.
2. Reducing the number of guests or event participants by the client by more than 15% compared to those agreed in the Agreement or the Order requires the consent of the Hotele Diament expressed in writing. In the event of non-arrival of guests or event participants, it does not reduce the price and does not give rise to any claims on the part of the customer for its reduction.
3. An increase in the number of guests or participants of the event by more than 15% requires the written consent of Hotele Diament.
4. In the event that the number of participants decreases by more than 15%, Hotele Diament may change the agreed rooms, provided that the size of the new rooms is appropriate for the last agreed number of participants and the standard of equipment of the rooms is comparable.
5. If necessary, Hotele Diament can transfer the event to another room of comparable size and standard. This room, in justified cases, may be located in another hotel of a comparable standard.
6. In the event that the event lasts longer than until 4:00 of the following day, Hotele Diament are entitled to charge additional fees in the amount of 10% of the remuneration specified in the Agreement or the Order.
7. Placing by the client of any exhibition in the hall, corridors or in the hotel lobby, in front of the hotel, is possible only after obtaining the written consent of Hotel Diament.
8. Food and drinks for events are provided exclusively by Hotele Diament. Exceptions to this rule require the prior written agreement of the Parties, however, in such a case, Diament Hotels are entitled to charge an additional fee of 15% of the remuneration specified in the Agreement or the Order. 
9. The customer bears full responsibility for the suitability for consumption of food and drinks not provided by Hotele Diament. Hotele Diament shall not be liable for damages resulting from the consumption of food and drinks not provided by Hotele Diament, including third party claims..
10. Hotele Diament are not responsible for the suitability for consumption of food taken from the hotel after the end of the event or taken out of the hotel.
11. The conditions set out in the Agreement concluded between Hotele Diament and the Client as to the number of guests or participants, change in the number of guests or participants and change of the place of accommodation or event and dates of possible changes take precedence over the conditions set out in the GTC.

Chapter 6 Technical equipment

1. In the event that Hotele Diament provide the client, at his request, with technical equipment or other equipment, the client bears full responsibility for its damage, unless the equipment is operated by the hotel staff or for its loss.
2. The use of electrical equipment belonging to the customer or third parties authorized by the customer with the use of the hotel's electricity network requires the prior written consent of Hotel Diament. The customer is responsible for any damage related to disruptions or damage to the hotel's technical equipment caused by such equipment. Hotele Diament may charge a flat rate the costs of energy consumption resulting from the use of the above-mentioned equipment.

Chapter 7 Decorative materials, exhibition elements

1. Decorative materials, exhibition elements and other items displayed by the client as part of the events, including the personal belongings of the client who is not a hotel guest himself and the personal belongings of participants who are not hotel guests, are stored in the premises where the event takes place or in the hotel at the sole risk of customer. Hotele Diament are not responsible for the loss, destruction or damage of such items, unless as a result of gross negligence or willful actions of the hotel staff.
2. The decorative and exhibition materials brought by the client must meet the fire protection requirements. Hotele Diament may require the client to present an appropriate document in this regard. In the event that the client does not comply with such a request, Hotele Diament may remove and store the decorative materials at the client's expense and risk. The customer is responsible for all damages related to these elements.
3. Hotele Diament reserve the right to demand immediate removal of the client's decorative and exhibition materials in the event that their content is offensive, contrary to generally applicable law or generally accepted social standards, or could jeopardize the image of the Hotel Diament or the hotel. If they are not removed by the client, Hotele Diament may remove them at the client's expense and risk.
4. All items displayed and other items brought by the customer or participants of the event are immediately removed after the end of the event. Should the client fail to remove them immediately, Hotele Diament may remove them and store them at the client's expense and risk. If the items remain in the room where the event took place, Hotele Diament may charge fees in the amount of 10% of the remuneration specified in the Agreement or the Order.

Chapter 8 Responsibility

1. The customer is responsible for any damage to the hotel and its equipment, damage sustained by the hotel staff of other hotel guests, caused by the customer, guests or participants, and the customer's staff. Hotele Diament may require the client to establish an appropriate security (e.g. insurance, deposit, guarantee).
2. The customer undertakes to cover the additional costs of services used by its participants or guests (e.g. telephone, parking, pay TV, laundry, additional catering services, etc.), which were not included in the Agreement or the Order, based on the list of services provided by Hotele Diament, taking into account the time of their provision, cost, as well as the data of the person who ordered their performance, and if this is impossible, the number of the room where the service was provided, or in the case of using the car park, the vehicle registration number. The above obligation does not apply if these services have been paid for by individual participants or guests.
3. In the event that during the stay of the client's group at the hotel, the client organizes an accompanying event (concert or other performance of literary, dramatic, musical, pantomimic, verbal and musical works, screenings of films, discos or exhibitions, etc.), the client is obliged to conclude an appropriate license agreement at their own cost and risk and to pay appropriate fees to the collective rights management organization in relation to authors, producers and performers.
4. In the event of defects in the services provided by Hotele Diament, the customer is obliged to inform Hotel Diament about them immediately, so that the hotel staff can immediately remove the defects or ensure the delivery or provision of services in a manner consistent with the Agreement or the Order, if such defects actually occurred. In the event that such action is impossible due to the nature of the defect, break or for other important reasons, the notification of the defect must be sent to Hotel Diament no later than the time of returning the room or checking out the guests.
5. Complaints should be reported to the hotel in writing by the client no later than on the last day of stay, before leaving the hotel.
6. Hotele Diament consider complaints within 7 days of receiving them from the client.
7. Filing a complaint does not release the customer from the obligation to pay the remuneration due to Hotele Diament in a timely manner.
8. Claims by the customer for compensation for lost profits are excluded.
9. Hotele Diament reserve the right to intervene immediately, interrupt the event or modify it if they find that fire safety or other safety regulations have been violated.
10. In the event that the customer is allocated a place to store things in the hotel garage or hotel car park, this does not mean that the Parties to the storage agreement have been established.

Chapter 9 Information clause

1. The administrator of your personal data is HOTELE DIAMENT S.A. with headquarters in Gliwice (44-100) at ul. Dąbrowskiego 50.
2. In the field of personal data protection, you can contact the following e-mail address: sekretariat@hotelediament.pl
3. Your personal data will be processed in order to implement contracts concluded with Hotele Diament and orders placed with Hotele Diament pursuant to art. 6 sec. 1 lit. a and b of the General Data Protection Regulation.
4. The recipients of the data will be persons authorized by the administrator, processing entities with whom we have concluded appropriate entrustment agreements and entities that result from the law.
5. Personal data will be stored for a period of 5 years from the conclusion of the Agreement.
6. You have the right to request access to your data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing (if the processing takes place on the basis of consent), which was made on the basis of consent before its withdrawal.
7. You have the right to lodge a complaint with the supervisory authority if you believe that the processing of your personal data violates the provisions of the general regulation on the protection of personal data of April 27, 2016.
8. Providing your personal data is voluntary, however, failure to provide personal data will result in failure to sign the Agreement.
9. Your personal data will not be subject to automated decision making, including profiling.

Chapter 10 Final Provisions

1. In the event that as a result of non-performance or improper performance of the Agreement or the Order by the customer, the damage of Hotel Diament exceeds the value of the contractual penalties charged on this account, the Hotele Diament have the right to claim supplementary compensation on general terms under the Civil Code.
2. Any disputes arising from the performance of the Agreement or the Order, the Parties undertake to resolve amicably, and if within 30 days from the date of notification of the dispute, the parties do not conclude an agreement, the competent court will be the common court competent for the seat of Hotele Diament.
3. The law applicable to the Agreement or the Order and any possible disputes related to them is Polish law, the language is Polish.
4. Any changes to the Agreement or the Order shall be made in writing or otherwise shall be null and void, and any statements on the termination of the Agreement or the order shall also be required.
5. If any of the provisions of these GTC prove to be inconsistent with generally applicable provisions or become ineffective, this fact will not affect the effectiveness of the remaining provisions of the GTC.
6. Should any provision of the Agreement be or become invalid or unenforceable, this shall not in any way affect the validity and enforceability of this Agreement as a whole. The parties agree to replace such invalid or unenforceable provision with a valid and enforceable provision that will as closely as possible reflect the assumptions of such invalid or unenforceable provision.