TERMS AND CONDITIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS
I. General provisions
- By implementing the provisions of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws 2020 pos. 344 as amended), ART HOTEL sp. z o.o. having its seat in Wrocław, Poland, introduces these Terms and Conditions which define in particular the types and range of the services provided by electronic means, the conditions for providing these services, including the technical requirements and prohibitions on delivering illegal content, the conditions for concluding and terminating contracts for providing services by electronic means, the conditions for sending commercial information and the complaint procedure.
- Definitions of the terms used in the Terms and Conditions:
- Telecommunications Law – Act of 16 July 2004 – Telecommunications Law (Journal of Laws 2021, pos. 5760 as amended)
- Portal – website of the Art Hotel Sp. z o.o., available at www.arthotel.pl;
- Act on providing services by electronic means – Act on providing services by electronic means of 18 July 2002 (Journal of Laws 2020 pos. 344 as amended);
- ICT system – a set of cooperating ICT devices and software which enables processing and storing as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for the given network, within the meaning of the Telecommunications Law;
- Providing services by electronic means – providing a service without the simultaneous presence of the Parties (at a distance) through the transmission of data at the individual request of the service recipient which is sent and received by means of equipment for electronic processing, including digital compression and storing data, which is transmitted, received or broadcast entirely via a telecommunications network, within the meaning of the Telecommunications Law;
- Service or services – services provided by electronic means;
- Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, which enable individual communication at a distance with using the data transmission between ICT systems;
- Service Provider – Art Hotel Sp. z o.o. having its seat in Wrocław, ul. Kiełbaśnicza 20, 50-110 Wrocław, Poland; NIP (Tax Identification Number): PL 8971046888; REGON (National Business Registry Number): PL 930782333; KRS 0000090062; e-mail: email@example.com; tel. +48 71 7877100; www.arthotel.pl;
- Service User or User – the entity using the services provided by Hotel Sp. z o.o., being a natural or a legal person or an organisational unit without legal personality, obliged to observe these Terms and Conditions;
- The Contract for providing services is concluded when the User enters in their browser the appropriate URL-address of the chosen websites which include contents made available as part of the Services or when the User uses the redirection to such websites of the Portal.
- If the Guest consents to observe these Terms and Conditions when activating services offered by the Portal, they accept thereby these Terms and Conditions entirely.
II. Type and scope of the services provided by electronic means
The Service Provider provides services by electronic means, and in particular:
- Newsletter – a service which consists in sending an electronic newsletter with information and offers of the Service Provider to subscribers by means of electronic mail, via the e-mail module. The service is available free of charge for an indefinite period of time. The registration form is available on the Portal. By filling it in, especially by providing their e-mail address for this purpose, the Service User subscribes to the Newsletter. The subscription can be cancelled at any time by clicking a hyperlink saying „możesz się wypisać” (“you can unsubscribe”) included in every message sent by the Service Provider via the Newsletter. When the User cancels their subscription, they also terminate the Contract for providing services by electronic means in form of the Newsletter. By subscribing to the Newsletter, the Service User agrees to receive information contained therein, also of the commercial nature.
- Files to download – a service which consists in making files containing commercial offers, information on the service provided by the Service Provider as well as promotional content available free of charge.
- External links – links to other websites within the Portal serve information purposes only. The Hotel does not bear any liability for neither for the content published on these websites nor for any damage which using the website may potentially cause.
- Contact form – a service which consists in the User sending messages to the Service Provider via this form, which includes sending information or enquiries to the Service Provider.
- Information services – consist in providing the Service User with access to the Portal as well as to text and graphic materials on various topics connected with the hotel’s business acitivities, made available at the request of the Service User in such a way that the Service User can access them via the Portal any time they want.
- Online booking service – a service for accommodation and other services based on separate regulations.
- Other services provided by the Service Provider on the Portal which can be provided by the Service Provider based on separate contracts.
III. Conditions for providing services by electronic means
- The Service Provider provides services for the Service User in the scope of and on the conditions specified in these Terms and Conditions.
- The Service User undertakes to observe these Terms and Conditions.
- The Service User is obliged to use the Portal and the services offered there in a lawful manner and to respect the personal rights of the Service Provider and third parties.
- The Service User has the right to expect access to full functionality of the service package at any time, excluding the time periods which are needed for upgrade, updating, maintenance or removing the after-effects of a chance event. The Service Provider undertakes to carry out the maintenance works at such times which are the least troublesome for the Users.
- The Service Provider will inform the User about any planned interruption in access to the services provided via their website.
- The Service User undertakes to refrain from:
- Abusing means of electronic communication, especially by causing disruption or overloading of the ICT systems of the Service Provider or other entities directly or indirectly taking part in providing services by electronic means,
- Actions aimed at testing the possibility of breaking or avoiding the security of the ICT systems of the Service Provider as well as any other actions which are supposed to give the Service User unauthorised access to all or to a part of the ICT systems of the Service Provider,
- Delivering by or to the ICT systems of the Service Provider content which violates the welfare of third parties, generally accepted social norms or is inconsistent with the generally applicable law or entering it or disseminating it by the ICT systems of the Service Provider violates the generally applicable law.
- The Service User undertakes to indemnify the Service Provider against any cost or liability connected to the content entered by the Service User to or via the ICT systems of the Service Provider in breach of the aforementioned section 6 point c, especially if third parties make claims against the Service Provider.
- The Service Provider is not obliged to check the received or disclosed content which has been entered by the Service User into the ICT system of the Service Provider.
- In special cases which affect the security or stability of the ICT system, the Hotel has the right to temporarily discontinue or restrict the service provision without prior notice and to carry out maintenance work aimed at restoring the security and stability of the ICT system.
- The Hotel has at any time the right to discontinue the provision of Services if such a justified request is made against the Hotel by the Internet provider or any other authorised entity. The Hotel is liable for the damage caused by the malfunction of the transmission service, including equipment failures, delays and disruptions in the transmission of information.
- The Hotel reserves the right to discontinue the provision of Services if the Service User violates the provision of these Terms and Conditions, the applicable law or the generally accepted social and moral norms.
- All the rights to the content of the Portal and of the Services are held by the Service Provider or third parties who have agreed for this content to be disclosed by the Hotel under the conditions specified in these Terms and Conditions.
- The Service User has the right to use the content of the Portal and the Services exclusively under the conditions specified by these Terms and Conditions and only for their personal use.
- No fragment of the content available on the Portal may be reproduced or distributed for commercial purposes in any form and by any means without the consent of the Hotel.
- The Service Provider undertakes to keep confidential any information, including personal data entered by the Service User into the ICT system of the Service Provider, excluding the following situations:
- This information is universally known or publically available, unless it has been disclosed in violation of the law,
- Disclosing this information is required by the law.
- The Service User has agreed for this information to be disclosed.
IV. Consent to the processing of personal data
- The Service User is liable for the accuracy and validity of the provided data. Should there be reasonable doubt as to the accuracy of the data, the Service Provider has the right to require the Service User to document the validity of the provided data.
- If the Service User gives their consent, they always do it voluntarily.
- Complaints can be lodged for the following reasons:
a. The Service Provider fails to meet the deadline specified in the Contract for commencing the provision of services for the Service User.
b. Failure to provide a service, improper service provision or defective billing of a service.
- Complaints which concern the provision of electronic services by the Hotel should be submitted immediately to the following e-mail address: firstname.lastname@example.org.
- The complaint must include the description of the problem giving rise to the complaint, the time and date when the irregularity occurred as well as the contact data of the Service User (lodging the complaint).
- Complaints can be lodged within 30 days of the day when the service was provided or when it should have been provided.
- The Hotel will endeavour to consider complaints as soon as possible, no later than within 14 days of receiving them. However, should considering a complaint within 14 days be impossible, the Hotel will inform the Service User about this fact and name the presumed deadline for considering the complaint in question.
- Complaints that do not contain the necessary data specified in point 2 above shall not be considered by the Service Provider.
VI. Minimum technical requirements
Technical requirements necessary to use the Portal:
- A computer, a laptop, a telephone or any other multimedia device with Internet access and an up-to-date web browser.
- Devices and operating systems not supported by the producer in terms of software can face difficulties when using the Portal.
- Mobile devices, except for the so-called wearables, with an up-to-date web browser and Internet access.
- Access to e-mail.
- Activation of cookies and Java Script in your web browser.
VII. Specific risks associated with using services provided by electronic means
- Potential risks may arise in connection with the Service User using service provided by electronic means, even though the Hotel applies measures protecting the infrastructure of the Hotel from unauthorised third party activity.
- The main risks associated with using the Internet are:
- malware – various kinds of apps or scripts which have a harmful, criminal or malicious influence on the ICT system of the network user, such as viruses, worms, trojans, keyloggers;
- spyware – programme which track the User’s activity, gather information about them and send it – usually without the User’s knowledge and consent – to the author of the programme;
- spam – unwanted and unordered electronic messages sent to many recipients simultaneously, often of commercial nature;
- phishing for confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution;
- hacking into the ICT system of the User using, amongst others, such hacking tools as exploit and rootkit.
- In order to avoid the risks connected with an unwanted infection of the ICT system, it is recommended to install anti-virus software on the computer or other mobile device of the User. Such software should be regularly updated, as soon as downloadable updates are available.
- Protection against the risks connected with the Service User using services provided by electronic means is also provided by:
- firewall enabled,
- update of all software,
- not opening e-mail attachments of unknown origin,
- reading the installation windows of apps, including their licenses,
- disabling macros in MS Office files of unknown origin,
- regular overall system scans with anti-virus and anti-malware software,
- encryption of the data transmission,
- installing prevention programmes (for detection and prevention of hacking attacks),
- using original systems and apps from a legal source.
VIII. Final provisions
- These Terms and Conditions are made available through the Portal in such a form which enables downloading, saving and printing them. Especially the text of these Terms and Conditions can be saved on disc and printed.
- The Service Provider does not guarantee that using the Service will be without errors, failures or disruptions and that the information data provided on the Portal will meet the expectations of the Service User in terms of content, accuracy or usefulness of the information obtained.
- The Service Users bears full liability for all the consequences which result from the Service User completing the forms on the Portal incorrectly, especially from providing wrong or false data.
- Matters not covered by these Terms and Conditions shall be governed by generally applicable law.
- The Hotel reserves the right to change these Terms and Conditions at any time, and the updated version thereof shall be published on the Portal. It shall enter into force upon publication, unless the modified Terms and Conditions state otherwise.
- The Parties undertake to resolve any disputes which arise in connection with using the services provided by electronic means specified by these Terms and Conditions amicably. Should resolving a dispute amicably be impossible, the deciding body will be the competent court in Wrocław.
THE TERMS AND CONDITIONS ENTER INTO FORCE ON 17 MAY 2022.