Website terms

CONDITIONS FOR ON-LINE BOOKING

TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES at Hotele Diament S.A. as part of the websites: www.hotelediament.pl, www.diamentustron.pl,

 

INTRODUCTION

Hotele Diament S.A. introduces these Regulations, implementing the provisions of the Act of July 18, 2002. on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) and undertakes to comply with it.

 

1. GENERAL PROVISIONS

1.1. The terms used in these Terms and Conditions mean:

a. Act - the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204),

b. ICT system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, within the meaning of telecommunications law,

c. Services provided electronically - the performance of a service that takes place by sending and receiving data using ICT systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, and the data is transmitted via public networks within the meaning of telecommunications law,

d. Electronic communication means - technical solutions, including ICT devices and software tools cooperating with them, enabling individual remote communication using data transmission between ICT systems, in particular e-mail,

e. Service Provider - Hotele Diament S.A. with headquarters in Gliwice (44-100), ul. Dąbrowskiego 50, KRS number: 0000355866, for which the registration files are kept by the District Court in Gliwice, 10th Commercial Division, NIP: 645-000-06-06, REGON: 270521860, share capital 82 662 010.00 PLN, tel. 32 721 10 55 , sekretariat@hotelediament.pl,

f. Service Recipient - an entity using the services of the Service Provider who is a party to the contract for the provision of services, being a natural person, legal person or an organizational unit without legal personality, which undertakes to comply with these regulations. The customer is also an entity that orders the provision of certain services by electronic means on the terms set out below. The Service Recipient may also be a Guest. g. Guest - a person using hotel services offered by Hotele Diament S.A. This person may also be the Customer.

h. Registration form - an internet form available on the Service Provider's website, used to register the Service Recipient in the system.

i. On-line booking - hotel services booking made in the system in real time.

1.2. The operator of the website www.hotelediament.pl and www.diamentustron.pl is Hotele Diament S.A. with headquarters in Glwice (44-100), ul. Dąbrowskiego 50, KRS number: 0000355866, for which the registration files are kept by the District Court in Gliwice, 10th Commercial Division, NIP: 645-000-06-06, REGON: 270521860, share capital 82 662 010.00 PLN, tel. 32 721 10 55 , sekretariat@hotelediament.pl,

1.3. Before using the services provided by the Service Provider using the website, the Service Recipient undertakes to read these Regulations and declares that he accepts its terms without the need to draw up a separate agreement.

 

2. GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES.

2.1. The Service Provider provides services to the Service Recipient to the extent and under the conditions set out in these regulations.

2.2. The Service Recipient undertakes to comply with these Regulations.

2.3. The Service Recipient is obliged to comply with the prohibition of abusing electronic means of communication and not delivering by or to the Service Provider's ICT systems content that disturbs work or overloads ICT systems and violates the interests of third parties, generally accepted social standards or content inconsistent with generally applicable law.

2.4. The Service Provider reserves the right to carry out maintenance works on the ICT system that may cause difficulties or prevent the Service Recipients from using the services.

2.5. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily stop or limit the provision of services, without prior notification to the Service Recipient, and carrying out maintenance works aimed at restoring the security and stability of the ICT system.

2.6. The Service Provider provides the Service Recipients with the secret of communication called "telecommunications secret", which includes information transferred on the public Internet network, data concerning and entered by the Service Recipients only within the Service Provider's ICT system and only in the case where the information covered by the "telecommunications secret" is not public in principle or their disclosure is not necessary for the proper provision of the service to which they relate. Information covered by "telecommunications secret" may be disclosed only in cases specified in the contract or in the law.

2.7. Information covered by the "telecommunications secret" may be processed by the Service Provider only if its processing is the subject of the service provided to the Service Users, it is necessary for its proper performance or supervision over the proper operation of the Service Provider's ICT system.

2.8. Access to information, about changes in the manner and scope of services provided by the Service Provider and to information the requirement of which to provide the Service Recipient results from Art. 6 of the Act on the provision of electronic services, the Service Provider will provide via a website and / or via an electronic mailing guide.

2.9. In order to ensure the correct use of websites and the Services provided electronically by Hotele Diament S.A. the Customer's computer equipment or mobile device must meet the following minimum technical requirements:

Internet access

Internet browser installed - Mozilla Firefox recommended

Having a current, active and properly configured e-mail account.

When using the website, cookies are installed in the Customer's IT system. The condition for using the website is to enable the installation of cookies.

 

3. TYPES AND SCOPE OF ELECTRONIC SERVICES PROVIDED

3.1. The service provider provides services electronically in the field of:

a. On-line booking of hotel services in the Service Provider's hotels.

b. Information and promotional services regarding own products and services or business partners and contractors.

 

3.2. ONLINE BOOKING

3.2.1. Booking process

a. Reservations on the website www.hotelediament.pl and www.diamentustron.pl are made by performing the activities recommended by the automatic reservation system, filling in the registration form and ordering the required payment, if required by the price conditions of the offer.

b. The Service Recipient is fully responsible for the consequences of providing incorrect data by the Service Recipient in the form.

c. The prices shown in the system are per room for 1 night and include VAT. They may also include other services specified in the description of the offer price. If an offer includes breakfast or other additional services, such information is provided in the price description displayed in the system when making the reservation. For services not included in the contract (e.g. additional accommodation, parking), the payment must be made on the spot by the customer.

d. The unit of payment is the Polish zloty (PLN). Prices shown in a different currency are for information purposes only and any differences in this respect may result from differences in exchange rates of transactions carried out by the Customer's credit card service center or the Customer's bank.

e. In the case of payment by bank transfer, all fees for making it are borne by the Service Recipient

 

3.2.2 Making payments and issuing an invoice

a. Payments are made directly during the on-line booking process. If the payment is a condition for its confirmation, the Service Recipient will be informed about it. Reservation is considered guaranteed, only after making a prepayment in the amount agreed by the hotel. The amount of the prepayment is specified in the terms of the price offer.

b. In the case of a reservation that does not require prepayment or if the prepayment does not cover 100% of the reservation value, the Service Recipient is obliged to settle the payment in accordance with the terms of the price offer.

c. Authorization of credit cards and payment settlement are handled by an external entity through a direct connection to the server of the payment card acquirer.

d. Hotele Diament S.A. is obliged to issue a VAT invoice in accordance with the tax law in force in Poland.

 

3.2.3. Reservation confirmation

a. The reservation is considered made at the moment of assigning the reservation confirmation number by the system.

b. The website www.hotelediament.pl and www.diamentustron.pl confirm the reservation automatically after making the payment or without making the payment, if the price conditions of the offer allow it. The booking confirmation message is generated on the Service Recipient's screen.

c. In addition, the system automatically generates an e-mail confirmation sent to the Customer's address provided in the form.

 

3.2.4. Responsibilities of the service operator

a. For security reasons or for any other reasons beyond the control of the operator, he has the right to temporarily suspend access to the website for the period necessary to remove any threats or irregularities.

b. If, during the service, the Guest finds defective performance of the contract (i.e. inconsistent with the booking conditions and the description of the service / product posted on the system pages), he should immediately notify the service contractor about it.

 

3.2.5. Terms of changes and cancellations

a. A reservation can be canceled in accordance with the conditions specified directly in the respective price offer.

b. Change or cancellation of the reservation should be made in the system.

c. If the cancellation concerns a reservation of a special offer, then the conditions specified directly in the given price offer shall apply.

d. The reimbursement will be made in a form appropriate to the payment made.

e. The refund will be made no later than one week (7 days) from the day on which the booking person intended to start using the service.

 

3.3. INFORMATION AND PROMOTIONAL SERVICES REGARDING OWN PRODUCTS AND SERVICES, BUSINESS PARTNERS OR CONTRACTORS OF THE SERVICE PROVIDER.

3.3.1. Information and promotional services provided via the www.hotelediament.pl and www.diamentustron.pl websites include:

a.subscribe to the Newsletter

b. contacts with individual hotels belonging to Hotele Diament S.A. for information on the services they provide.

 

3.3.2. Newsletter subscription

a. The Newsletter subscription covers persons who ordered such a service via the form on the Service Provider's website.

b. Ordering the service includes: entering a valid e-mail address into the form and confirming subscription by accepting the e-mail received automatically to the e-mail address provided.

c. You can unsubscribe from the Newsletter at any time.

 

3.3.3. Liaising with individual hotels for information on the services they provide. a. Filling in the data in the contact form on the websites www.hotelediament.pl and www.diamentustron.pl means sending an inquiry to the appropriate department at Hotele Diament S.A.

b. The Service Recipient will receive the answer from the appropriate department, from the employee of Hotele Diament S.A.

 

4. CONDITIONS FOR CONCLUDING AND TERMINATING CONTRACTS

4.1. In the case of booking a hotel service of the Service Provider, the contract is concluded upon receipt by the Customer of the booking confirmation, including receipt of the booking confirmation number.

4.2. Cancellation and termination of the hotel service contract is possible according to the conditions specified directly in the price offer of the booked hotel service.

4.3. The Service Recipient is not entitled to withdraw from the hotel service reservation agreement, in accordance with Art. 38 point 12 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) ("Consumer Rights Act").

4.4. If the Service Recipient agrees to provide information and promotional services to him, the Service Provider undertakes to send or publish the Newsletter, which will be released only after the above-mentioned consent has been given.

4.5. Promotional or commercial information is considered to be ordered if the Service Recipient has consented to receive such information by registering in the Service Provider's IT system, in particular, has provided an e-mail identifying him for this purpose.

4.6. The Service Recipient may at any time resign from receiving offers or modify his settings via the Newsletter or by direct contact with the Service Provider's e-mail.

4.7. The resignation referred to above is tantamount to the termination of the contract for the provision of electronic services in the field of information and promotional services.

4.8. The Service Recipient has no right to provide the Service Provider with illegal content.

 

5. PROTECTION OF PERSONAL DATA

5.1. Through the website www.hotelediaemtn.pl and www.diamentustron.pl, data is collected by completing forms. The form contains required fields, the completion of which is necessary, and additional fields that may be completed by the Service Recipient. The data provided in the form are processed for the purpose resulting from the function of a specific form.

5.2. The data is processed Hotele Diament S.A. on the terms set out in Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (general regulation on data protection), the Act on the provision of electronic services, the Telecommunications Law and the Privacy Policy.

5.3. 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.

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 Data Protection Regulation of 27 April 2016.

5.4. Providing personal data by the Customer is completely voluntary.

5.5. Detailed rules for the protection of personal data are contained in the Privacy Policy, which is an integral part of these Regulations.

5.6. By using in any way the websites belonging to Hotele Diament S.A. The Service Recipient accepts the rules contained in the Privacy Policy published on the website www.hotelediament.pl and www.diamentustron.pl.

5.7. Your personal data will not be subject to automated decision making, including profiling.

5.8. In the field of personal data protection, you can contact the following e-mail address: sekretariat@hotelediament.pl

5.9 The recipients of your 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.

 

6. CONSENT TO THE PROCESSING OF PERSONAL DATA

6.1. The service provider informs that pursuant to art. 6 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 (general regulation on data protection ) has the right to process the Customer's personal data for purposes related to the implementation of on-line reservations in hotels operated by Hotele Diament S.A. based in Gliwice. The service provider will receive the information in question through registration or logging into the system.

6.2. The administrator of personal data is: Hotele Diament S.A. with headquarters in Gliwice (44-100), ul. Dąbrowskiego 50, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division, KRS under the number: 355866, NIP: 645-000-06-06, which provides services by electronic means and stores and accesses information in devices User and TravelClick Ltc. based in the USA. The Service Recipient has the right to access their personal data and to correct them.

6.3. The Service Provider ensures that he will not send the Service Recipient via electronic means of communication and telephone any commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) for except for commercial information, the receipt of which the Service Recipient has consented to by registering using the Registration Form available on the Service Provider's website (it is necessary to provide an e-mail address and telephone number).

 

7. COMPLAINT PROCEDURE

7.1. Complaints may be submitted for:

a. Failure to meet, through the fault of the Service Provider, the date specified in the contract for the commencement of the provision of services to the Service Recipient,

b. Non-performance, improper performance of services or their defective settlement.

7.3. A complaint may be filed within 30 days from the date on which the service was performed or was to be performed

 

8. TRANSITIONAL AND FINAL PROVISIONS

8.1. In matters not covered by these regulations, the provisions of the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended), the Act on the provision of electronic services (Journal of Laws of 2002 No. 144 item 1204, as amended) .) and other provisions of generally applicable law.

8.2. The Service Provider reserves the right to amend these Regulations, with the proviso that the version of the Regulations in force at the time of placing the order by the Customer shall apply to reservations made before the amendment to the Regulations..

8.3. Date of publication of the regulations - December 25, 2014.