TERMS AND CONDITIONS FOR ELECTRONIC RESERVATION OF ACCOMMODATION SERVICES (hereinafter referred to as the „TERMS”)
  1. PRELIMINARY PROVISIONS
    1. These Terms define the type, scope, conditions, and rules for making, canceling, changing, and settling reservations within the electronic service provided by the Service Provider (as defined in section 2 of the Terms) for the Client (as defined in section 2 of the Terms).
    2. The Terms are the regulations referred to in Article 8 paragraph 1 point 1) of the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2017.1219 of June 24, 2017, as amended).
    3. The Service Provider (as defined in section 2 of the Terms) declares that it is authorized to mediate – based on a separate agency agreement – in concluding agreements related to room reservations between the Facility and the Client.
    4. The content of the Terms is made available to everyone free of charge.
    5. The Terms are accessible through the reservation system, on the website of the respective Facility (as defined in section 2 of the Terms).
    6. The Terms are provided in a format allowing for storage and reproduction in the ordinary course of business (in HTML document format). Upon the Client's request, the Service Provider will send a copy of the Terms in PDF format to the Client's specified email address.
  2. DEFINITIONS
    1. The following terms used in the Terms shall have meanings defined as follows:
      1. Facility – the entity for which the Service Provider acts (based on a separate agreement) as an agent implementing services provided electronically, including the service described below;
      2. Client – means any natural person over 18 years old with full legal capacity, a legal entity or organizational unit without legal personality granted legal capacity by law, who meets the requirements described in the Terms and uses the Service, in particular by making or canceling a reservation in the System;
      3. Terms – means these Terms, prepared and applied by the Service Provider;
      4. Agreement – means the contract for the provision of room reservation services concluded electronically, the subject of which is the provision of the Service indicated in these Terms;
      5. Service – means the room reservation service in the Facility, provided electronically by the Service Provider to the Client, involving making, changing, or canceling the reservation of selected room(s) in the Facility and enabling payment for the reservation. A detailed description of the Service is included in section 3 of these Terms;
      6. Service Provider – means Profitroom Sp. z o.o. with headquarters in Poznań, ul. Roosevelta 9/3, 60-829 Poznań, registered in the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under number KRS 0000303746; NIP: 525-24-23-458; REGON: 141374990;
      7. Service provided electronically – performance of the service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the service recipient, sent and received by means of electronic data processing devices, including digital compression, and data storage, which is entirely sent, received or transmitted by telecommunications network within the meaning of the Act of July 16, 2007 – Telecommunications Law (Journal of Laws 2017.1907 of October 12, 2017, as amended);
      8. Information Technology System – a set of cooperating IT devices and software ensuring data processing and storage, as well as sending and receiving data via telecommunication networks using appropriate terminal devices within the meaning of the Act of July 16, 2007 – Telecommunications Law (Journal of Laws 2017.1907 of October 12, 2017, as amended);
      9. System – the Profitroom Booking Engine reservation system, owned and operated by the Service Provider, enabling the Client to make, change, or cancel reservations of selected room(s) in the Facility and make payments for the reservation; a type of Information Technology System;
      10. Means of electronic communication – technical solutions, including IT devices and cooperating software tools, enabling individual remote communication using data transmission between IT systems, particularly email or text messages (SMS).
  3. TYPE AND SCOPE OF THE SERVICE
    1. Under the terms of these Terms, the Service Provider provides electronically the service of making, changing, or canceling reservations of selected room(s) in the Facility and payment services related to the reservation. The Service Provider does not enter into contracts for the provision of accommodation services on behalf of the Facility, in particular, the Service Provider is not obliged to provide other services, including accommodation services, except those related to making, changing, or canceling room reservations in the Facility. Such agreements are concluded on terms specified separately by the Facility.
    2. Conditions for provision of the Service include:
      1. reading and accepting the Terms by checking appropriate boxes in the reservation form within the Service Provider's System;
      2. submitting statements by checking appropriate boxes in the reservation form within the Service Provider's System regarding:
        • truthfulness of data provided to the Service Provider;
        • consent for the processing of personal data provided to the Service Provider for the purpose of providing the Service;
        • acknowledgement of the voluntary nature of data submission and rights under the Personal Data Protection Act (Journal of Laws 2016.922 of June 28, 2016, as amended);
        • selection of the payment method for the reservation and, if applicable, the VAT invoice option, if required by the Facility's price terms.
    3. The Service can only be provided after filling in the reservation form within the Service Provider's System, accepting these Terms, and submitting statements referred to in section 3.2.2. of the Terms.
    4. Using the services described in these Terms requires access to the Internet and an active, properly configured email account.
    5. Use of the Service is voluntary.
    6. Use of the Service is free of charge, although the Client may incur costs from their Internet provider, for which the Service Provider is not responsible.
  4. RESERVATION AND CANCELLATION
    1. Using the Service requires a unique email address and completion of the reservation form provided in the Service Provider's System.
    2. Reservation by the Client includes the following steps:
      1. selection of accommodation services provided by the Facility based on the data and information in the System, particularly availability and room price; prices shown in the System include VAT and include only services indicated as components;
      2. providing required data and information by the Client using the reservation form – particularly name, unique email address, and phone number – within the System available on the Facility's website;
      3. confirmation by the Client of reading and accepting the Terms and submitting required declarations. Failure to confirm prevents continuing the reservation process;
      4. making payment if required by the Facility's price conditions, under selected terms;
      5. after entering the reservation data and confirming acceptance of the Terms, the Client receives automatically an email containing the code and confirmation of the reservation along with payment terms and rules for modification or cancellation. Upon sending the confirmation, the reservation agreement is deemed concluded.
    3. The Service Provider reserves the right to refuse a reservation if no rooms are available in the Facility. In such case, the Client receives automatically an email about the impossibility of making the reservation.
    4. Reservation cancellation by the Client involves the following steps:
      1. selecting the “Modify” option in the confirmation email referred to in section 4.2.e of the Terms;
      2. this option starts the reservation management system in a web browser. In the system, select “Cancel” and describe the reason for cancellation;
      3. after cancellation, the Client receives automatically an email confirming cancellation. In the case of free cancellation and prior payment, the amount paid will be returned to the account used for the payment.
    5. Reservation modification by the Client involves the following steps:
      1. selecting the “Modify” option in the confirmation email referred to in section 4.2.e of the Terms;
      2. this option starts the reservation management system in a web browser. In the system, select “Modify” and describe the requested modification in detail;
      3. after sending the modification request, the Facility will contact the guest to inform about the modification status.
  5. OBLIGATIONS OF THE SERVICE PROVIDER
    1. In relation to providing the Service described in these Terms, the Service Provider is obliged to:
      1. comply with the provisions of these Terms;
      2. provide the Service with due diligence.
    2. If unplanned lack of access or failure preventing the provision of the Service occurs, the Service Provider shall diligently undertake actions to restore system functionality. However, the Service Provider is not responsible for Client's inability to use the Service or any damages caused by lack of System access or telecommunications failures, except when caused intentionally by the Service Provider.
    3. The Service Provider reserves the right to block the email address of a Client who violated these Terms or legal regulations.
    4. The Service Provider does not guarantee uninterrupted service. In particular, it is not responsible for interruptions caused by technical, maintenance, or Client/third party issues.
  6. CLIENT'S OBLIGATIONS
    1. In connection with using the Service, the Client is obliged to:
      1. comply with all provisions of the Terms;
      2. observe all laws, good practices, and generally accepted rules of Internet use;
      3. provide accurate Client data, particularly during the reservation;
      4. promptly inform the Service Provider of any security breaches or Service issues;
      5. refrain from any activities threatening the System's or third parties’ IT systems' security;
      6. not use the System directly or indirectly for unlawful activities, against good practices or Internet use rules, or infringing third parties' rights.
  7. LIABILITY
    1. The Service Provider is not liable for Service interruptions due to failures or malfunctions of IT systems beyond the Service Provider's control.
    2. The Service Provider is not liable for the Client's errors when making, changing, or canceling reservations.
    3. The Client bears full and exclusive liability under the risk principle for all consequences and damages to the Client, Service Provider, or others resulting from:
      1. Client's violation of any Terms provisions;
      2. improper use of the System, especially against its intended purpose or instructions;
      3. lack of protection of Client's IT systems.
    4. The Service Provider does not control or verify and is not liable for damages caused by the Client's use of the Service, especially damages related to:
      1. destruction, damage or Service/software interruptions used by the Client;
      2. introduction of any malicious software (e.g., viruses) or data into Client's IT system causing damage to hardware or software.
    5. The Service Provider is not liable for damages caused by defects, malfunctions, outages, or incorrect operation of the System or any of its components.
    6. Neither party is liable for damages caused by force majeure.
    7. The Service Provider's liability for lost profits of the Client is excluded.
    8. Exclusions or limitations of the Service Provider's liability do not apply when mandatory provisions prohibit such exclusion, especially regarding intentional harm caused to the Client.
  8. COMPLAINTS
    1. Complaints regarding the Service should be submitted in writing to the Service Provider's address or electronically to the Service Provider's email.
    2. The complaint should include Client's name, surname, address, email provided during reservation, and description of the issue related to using the Service.
    3. Complaints will be processed in the order received, under the conditions described above.
    4. The Service Provider will respond within 14 business days from receipt of the complaint. The response will be sent in the same form as the complaint to the provided email or mailing address.
    5. If additional information is needed, the Service Provider will request supplements from the Client within a deadline. The 14-day term begins after receiving the supplemented complaint.
  9. PERSONAL DATA
    1. The administrator of your personal data is MPM Hotele SPA Sp. z o.o. based in Milanówek, ul. Brzozowa 3, 05-822 Milanówek, KRS: 0000175947, REGON: 016865236, NIP: 5291626119.
    2. The administrator appointed the Data Protection Officer, Mr. Łukasz Grabowski, contactable at iod@mpm.pl.
    3. The administrator processes your personal data for room reservations and services offered by entities belonging to MPM Hotele SPA Sp. z o.o.
    4. Your data is processed based on Art. 6 paragraph 1 letters b), c) and f) of GDPR.
    5. For room reservations and services offered by entities belonging to MPM Hotele SPA Sp. z o.o., your personal data including name, surname, residence address, email, phone number, and bank account number are processed.
    6. Your personal data will be processed for 3 years from registration.
    7. Your personal data may be processed longer if required by mandatory legal provisions.
    8. Data is protected with technical and organizational measures to ensure an appropriate level of security in compliance with applicable regulations.
    9. The administrator may obtain data from third parties who may book stays for you in facilities belonging to the administrator.
    10. The administrator does not collect data from publicly available sources.
    11. Your data will be transferred to the service provider, Profitroom Sp. z o.o., based in Poznań, ul. Roosevelta 9/3, 60-829 Poznań, KRS 0000303746; NIP: 525-24-23-458; REGON: 141374990 – data will be transferred to enable room reservations.
    12. Your data may be transferred to third parties responsible for processing payments for rooms and/or services – these entities are separate data controllers.
    13. You have the right to:
      1. access information about data processing, including categories and recipients;
      2. request correction or completion of incomplete or inaccurate data;
      3. request deletion of data or object to processing;
      4. request limitation of data processing if legal requirements are met;
      5. data portability – receive data in a format allowing transfer to a third party;
      6. file a complaint with the supervisory authority, President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw, in case of unlawful processing.
    14. Your data will not be subject to automated processing, including profiling.
  10. PROHIBITION OF UNLAWFUL ACTIONS
    1. The Client may not use the Service for purposes contrary to law, social norms, good practices, and generally accepted standards of conduct.
    2. The Client may use the Service only in the manner consistent with its purpose and functionality described in the Terms.
  11. FINAL PROVISIONS
    1. These Terms come into effect upon publication on the Facility’s website and apply to reservations made after 2018-03-22.
    2. The Service Provider is entitled to make changes to the Terms at any time and at its discretion. In particular, changes may occur due to:
      1. legal compliance or changes in laws affecting the Terms;
      2. recommendations, interpretations, rulings, or decisions of public authorities or courts impacting the Terms;
      3. expansion or changes of System functionalities;
      4. introducing new Services or changing the scope or nature of Services;
      5. changes in technical conditions of Services provision;
      6. changes in the scope of the Service Provider’s activities.
    3. If any provision is invalid under mandatory law, this does not affect the validity of other provisions.
    4. Disputes arising from these Terms shall be resolved by the court competent for the Service Provider, except for consumer clients, where the competent court is determined by consumer protection regulations.
    5. Polish law applies. Matters not regulated by the Terms shall be governed by relevant Polish law provisions, especially the Civil Code (Journal of Laws 2017.459 of March 2, 2017, as amended), the Act on Providing Services by Electronic Means (Journal of Laws 2017.1907 of October 12, 2017, as amended), EU Regulation 2016/679 (GDPR), and the Act on Personal Data Protection of May 10, 2018 (Journal of Laws 2018, item 1000).