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Sales regulation

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2020-09-21
2020-09-22
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Regulations of sales

of electronic services

INTRODUCTION National Tourist Cooperative Gromada introduces the Regulations by implementing the provisions of the Act of 18 July 2002 on electronic services provision (Journal of Laws of 2002 No. 144, item 1204, as amended) Chapter 1 General provisions Definitions of terms used in the Regulations: Act - Electronic Services Provision Act of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204); Tele information 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; Services provided electronically – providing a service which is performed by sending and receiving data by means of tele information systems at the individual request of the Client, without the simultaneous presence of the parties, where these data are transmitted via public networks within the meaning of telecommunications law; Electronic means of communication - technical solutions, including ICT devices and software tools cooperating with them, will enable plummeting individual distance communication using data transmission between ICT systems, in particular electronic mail; Service Provider - National Tourist Cooperative Gromada. Client - entity using the services of the Service Provider who is a party to a service contract, a natural person, legal person or organizational entity without legal personality, who agrees to comply with these Regulations. The Client is also an entity that will order the specific services electronically on the terms set out below. Technical specification - a set of information about the ICT system of the Service Provider and technical requirements necessary to cooperate with this system. The operator of the www.gromada.pl website is PROFITROOM sp. z o.o. based in Poznań. By using the website, the Client declares that he accepts the terms of the Regulations without the need to draw up a separate contract. Chapter 2 General provisions of providing services by electronic means. The Service Provider provides services to the Client in the scope and on the terms specified in the Regulations. The Client agrees to comply with these Regulations. The Client is obliged to comply with the prohibition of abusing means of electronic communication and not providing or distributing to the ICT systems of the Service Provider any content that may cause undermining or overloading of the tele information systems, infringing the third party goods, generally accepted social standards or are unlawful. The Service Provider reserves the right to conduct maintenance works of the ICT system that may cause difficulties or prevent the Client from using the services. Dates of work and their expected duration will be published on the website before work commences. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily cease or reduce the provision of services without prior notice and maintenance work aimed at restoring the security and stability of the ICT system. The Service Provider provides the Clients with a communication secret called ‘telecommunications secret’, which includes information passed on public Internet, data concerning and introduced by the Clients only within the Service Provider's IT system and only if the information covered by ‘telecommunications secret’ is not disclosed in principle or their disclosure is not necessary for the proper provision of the service to which they relate. The information covered by the ‘telecommunications secret’ may be disclosed only in cases specified in the Contract or in legal provisions. 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 Clients, or it is necessary for its proper performance or supervision over the correct operation of the Service Provider's IT system. Access to the information about any changes in the manner and scope of providing services by the Service Provider and to the information providing which to the Client is required under Article 6 of the Act on the provision of electronic services, The Service Provider will carry out via a website and / or via an newsletter sent by e-mail. Detailed technical requirements necessary to cooperate with the Service Provider's IT system: in order to ensure correct use of the website and the services provided electronically by OST Gromada, the Client's computer equipment must meet the following minimum technical requirements: Internet access, installed browser - Mozilla Firefox is recommended, having a valid, active and properly configured e-mail account. When using the website, cookies are installed in the Client’s IT system. The condition for using the website is to enable the installation of cookies. Chapter 3 Types and scope of services provided electronically The Service Provider provides services electronically in the scope of: reservation of accommodation in The Service Provider’s hotels, subscription of the Newsletter. I Reservation of accommodation 1. Booking process. Booking at www.gromada.pl. is made by completing the steps recommended by the automated booking system, filling in the booking form and ordering the required payment. The reservation is considered made when the payment is completed via the eCard payment system. The reservation holder bears full responsibility for the consequences of providing incorrect data by the person making the booking in the booking form. The prices shown in the system are given for a room / apartment for 1 night, including breakfast costs and VAT. If an offer does not include breakfast or includes other additional services, such information is given in the description of the price displayed in the system when making the reservation. For services that are not included in the order (e.g. additional accommodation, pay TV or mini bar in the hotel), the payment must be settled on the spot by the customer. The payment unit is PLN. Prices presented in EURO are converted at the exchange rate of the day. Any differences due to payments may result from discrepancies in exchange rate transactions carried out by the credit card servicing center or the bank. 2. Making payments and issuing invoices Payments are made directly during the booking process and are a condition for its confirmation. It is required to make a prepayment in the amount set by the hotel (0-100% of the service price). A reservation made in this way is considered guaranteed. The intermediary in the payment is eCard. Accepted payment options (types of credit cards and transfers supported by eCard) are always displayed during booking by the system. In some cases, the required amount of prepayment may be lower. The hotel is obliged to issue a VAT invoice immediately after receiving the payment or up to 7 days from the date of the service's termination. For natural persons who do not run a business, the hotel is obliged to issue a VAT invoice only ‘on demand’. If the data necessary to issue an invoice have not been filled out, the hotel will consider that the reservation was made by a natural person who does not request a VAT invoice 3. Confirmation of the reservation The www.gromada.pl website system confirms the reservation automatically after payment - the confirmation message is generated on the computer screen. Reservation is considered guaranteed. In addition, the system automatically generates a confirmation by e-mail sent to the reservation address provided in the form. 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 and the reply is sent within 24 hours to the e-mail address indicated by the reservation holder in the form. 4. Responsibilities of the operator - the Hotel The Hotel is not responsible for the lack of access to the reservation system for reasons beyond the control of the Hotel. For security reasons and for any other reasons beyond the Hotel's control, the Hotel has the right to temporarily suspend access to the www.gromada.pl website for the period necessary to remove any threats or irregularities. The Hotel may offer a service of a similar standard on a date specified in the form when the provision of the reserved service proves impossible to perform due to the fault of third parties. If the reservation holder does not agree to the provision of a service of a similar standard or the service cannot be provided due to reasons attributable to the hotel, then the hotel is obliged to return the payment made by the person making the reservation. The refund will be made in the form appropriate to the payment made. The return of the payment made by the person making the payment fully covers all claims of the reservation holder due to the service that has not been performed. The return will take place no later than one week (7 days) from the date on which the booking party intended to start using the service. The Hotel is not responsible for temporary inconveniences independent of the Hotel, i.e.: temporary lack of water, heating, electricity and air-conditioning, or repair or maintenance of technical equipment. The above-mentioned inconvenience will be taken care of by the Hotel as soon as possible. In the case of extraordinary circumstances, independent of any of the parties, for example natural disasters, strikes, outbreak of war or other emergency situations that prevent the performance of the service in accordance with the contract, the Hotel is released from the accepted commitment. In the event that the client finds a defective performance of the contract during the service (i.e. does not comply with the reservation conditions and the description of the service / product posted on the www.gromada.pl system pages), he should immediately notify the service contractor. 5. Terms of changes and cancellations Any change or cancellation should be ordered in writing and sent by e-mail or fax to the Hotel which the reservation applies and must be confirmed by this Hotel. Guaranteed individual reservations can be cancelled free of charge up to the day before the arrival time. 18.00 (local time). Cancelling the booking after this time will not result in a refund of the prepayment. In the case of prices that are subject to special conditions, e.g. packet prices and prices of additional services i.e: admission tickets, musical tickets, individual Hotel regulations regarding the price and cancellation terms specified by the Hotel apply. In the event that the cancellation relates to the reservation of a special offer, and the price description contains different information than the abovementioned information about the cancellation conditions, the conditions set out directly at the given price offer are considered valid. Free of charge cancellation is not subject, in particular, to the offers bearing the clause ‘Attention !!! Special offer, in case of any change or cancellation we do not refund the cost of the first night / for the entire booked stay’. II. Newsletter subscription The Newsletter subscription includes persons who ordered such a service via the ‘Newsletter’ form. The service order includes: entering the correct e-mail address into the form and confirming the subscription by accepting the e-mail received automatically to the provided e-mail address. The e-mail addresses entered for people who do not confirm their will to receive the Newsletter are deleted. At any time, you can unsubscribe from the newsletter via the link attached to each number sent. Chapter 4 Protection of personal data Detailed rules for the protection of personal data are contained in the privacy policy posted on the website www.gromada.pl, which is an integral part of the Regulations. By using the OST Gromada Internet service in any way, the Customer accepts the rules contained in the Privacy Policy and Cookies Policy at www.gromada.pl. Chapter 5 Conditions for concluding and terminating agreements In the case of accommodation reservations, the conclusion of the agreement takes place at the moment of submitting the reservation and receiving, by e-mail to the indicated e-mail address, the confirmation of the booking made. Resignation and termination of the agreement in the case of booking accommodation depends on the choice of the offer and the booking conditions contained therein. In the case of a subscription to the Newsletter, the Service Provider obliges itself to providing the service starting from the next sending or publication of the Newsletter, from the moment of registering in the registration system of the Service Provider. The promotional or commercial information is considered as ordered, if the Client has consented to receiving such information by registering in the Service Provider's IT system, in particular he has made available an electronic address identifying him. The Client may at any time resign from receiving offers by using the attached link, direct contact by e-mail or by phone. The resignation referred to in point 5 is equivalent to the termination of the contract for the provision of electronic services. Chapter 6 Complaint procedure Complaints may be submitted for the following reasons: failure to meet the term, specified in the agreement, of the beginning of providing the service with the Service Provider's fault; non-performance, improper performance of services or their defective settlement. The complaint must be in writing otherwise shall be null or void. Complaints may be submitted within 30 days from the date on which the service was performed or was to be performed. A complaint regarding non-performance or improper performance of the service must include in particular its subject and circumstances justifying it. The Service Provider shall consider a complaint within 14 days from the date of its submission. If the complaint cannot be considered within this time, the Service Provider shall notify the complainant in writing of the reasons for the delay and the expected time for considering the complaint. In the event of a breach of the complaint procedure, the complaint may not be accepted. Chapter 7 Transitional and final provisions In matters not covered by the Regulations, the provisions of the Civil Code shall apply (Journal of Laws of 1964 No. 16, item 93, as amended), the Act on electronic services (Journal of Laws of 2002 No. 144 item 1204, as amended) and other provisions of generally applicable law. The competent court for disputes arising from the Regulations is the General Court, competent for the seat of the Service Provider
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