This is an auxiliary translation. The Polish version of the document is binding. Polski
Terms and Conditions
OF THE WWW.volahostel.pl WEBSITE
I. GENERAL PROVISIONS
- These Terms and Conditions set out the general terms, rules and manner of providing Services by electronic means via the website www.volahostel.pl (hereinafter referred to as the “Website” or “Service”).
- The Website is a service website. Through it, Users may book a stay at the property operated by the Service Provider. The Website presents information on the possibility of booking a stay, the types of rooms and the terms of stay at the NOCLEGI Wola property. The Service Provider also enables Users to make contact via the interactive contact form available on the Website.
- The Website is operated by Karolina Borowska, conducting business under the business name Karolina Borowska, KB INVESTMENTS wspólnik spółki cywilnej, entered in the Central Register and Information on Business maintained by the minister competent for economic affairs at the address ul. Górczewska 30, 01-147 Warszawa, NIP: 1231470918, REGON: 386419949, and Krzysztof Bogdanowicz, conducting business under the business name KB Company, KB INVESTMENTS KRZYSZTOF BOGDANOWICZ WSPÓLNIK SPÓŁKI CYWILNEJ, entered in the Central Register and Information on Business maintained by the minister competent for economic affairs at the address ul. Górczewska 30, 01-147 Warszawa, NIP: 5213111996, REGON: 146530236, jointly conducting business under the name KB INVESTMENTS SPÓŁKA CYWILNA, on the basis of a civil-law partnership agreement, at the address ul. Górczewska 30, 01-147 Warszawa, NIP 5272932418, REGON 386526473 (hereinafter jointly referred to as the “Service Provider”).
- The Service Provider may be contacted:
- by e-mail sent to: recepcja@volahostel.pl;
- by post at the address: ul. Górczewska 30, 01-147 Warszawa
- by telephone on: +48 786 86 94 68;
- using the contact form available on the Website.
- These Terms and Conditions are made continuously and free of charge available by the Service Provider on the website www.taihotelwarszawa.pl, in a manner enabling Users to obtain, reproduce and record their content by printing them or saving them on a data carrier at any time using the IT system used by the User.
- All rights to the Website, including economic copyrights, intellectual property rights to its name, internet domain, the Website’s web pages, as well as to forms and logos, belong to the Service Provider, and their use may take place only in the manner specified in and compliant with the Terms and Conditions and the provisions of law.
- The Service Provider reserves the right to place on the Website advertising content concerning the services offered, as well as goods and services of third parties, in forms used on the Internet. The use of such offers or services is not an element of the Website, and their rules are determined by the relevant third parties.
- These Terms and Conditions specify in particular the rules for using the Website, the Services, the terms of providing the Services, the terms for concluding and terminating Agreements for the provision of Services, and the complaint procedure.
- The Service Provider informs Users that the use of Services provided by electronic means may involve a risk for every Internet User, consisting in the possibility of harmful software being introduced into the User’s ICT system and their data being obtained and modified by unauthorised persons. To avoid the risk of the above-mentioned threats occurring, the User should use appropriate technical measures to minimise their occurrence, in particular antivirus software and a firewall.
- The rules for providing other Services within the Website, including paid Services, may be set out in additional terms and conditions.
II. DEFINITIONS
The terms used in this document have the following meanings:
Website/Service – the website available in the domain www.volahostel.pl, owned and administered by the Service Provider, through which Users may view information concerning the NOCLEGI Wola property operated by the Service Provider and make accommodation Bookings, as well as contact the Service Provider via the contact form;
User – a natural person with full legal capacity, as well as a natural person conducting business activity, a legal person or an organisational unit without legal personality to which the legislator has granted legal capacity, who may use the Services available on the Website;
Hostel/NOCLEGI Wola Property/Property – the accommodation facility operated by the Service Providers and presented on the Website, where Users may make Bookings via the Website;
Booking/Stay Booking – a Service available on the Website enabling Users to order a stay at the Service Provider’s NOCLEGI Wola property, on the terms set out in these Terms and Conditions;
Consumer – a User who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur – a User who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Services – services provided by the Service Provider to Users by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Agreement for the provision of Services/Agreement – an agreement for the provision of a Service, concluded between the Service Provider and the User, on the terms set out in these Terms and Conditions;
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended);
Civil Code – the Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
III. RULES FOR USING THE WEBSITE
- Within the Website, the Service Provider enables Users to use the Services it provides, in particular such as: the ability to browse the content of the Website, place Orders or use the contact form.
- Use of the Website may take place only on the terms and to the extent specified in the Terms and Conditions.
- Minimum technical requirements for using the Website:
- a device with Internet access,
- access to electronic mail,
- the latest version of a web browser with Cookies and JavaScript enabled,
- software for reading and saving PDF files.
- Users are prohibited from using the Website or the Services in a manner that infringes the law, good practice, the personal rights of third parties or the legitimate interests of the Service Provider.
IV. SERVICES
- The Service Provider provides Users with paid and free Services, in accordance with the information presented on the Website and on the terms set out in these Terms and Conditions.
- The Service Provider enables all Users of the Website to use the following Services:
- free browsing of publicly available Website content,
- free provision of an interactive form enabling Users to contact the Service Provider,
- paid Reservation of a stay via an interactive form,
- The agreement for the provision of the Service consisting in:
- browsing publicly available content on the Website is concluded for a fixed term and terminates when the User closes the Website page,
- providing an interactive form enabling Users to contact the Service Provider is concluded for a fixed term and terminates when the message is sent via the form,
- providing a form enabling Reservation of a stay is concluded for a fixed term and terminates when the Reservation is made.
- Each User may send a message to the Service Provider using the form available on the Website. In order to send a message via the form, the User completes the form fields, including the field intended for entering the message content, and then sends the message using the dedicated button.
- The Service Provider has the right to organise occasional competitions and promotional campaigns, the terms of which will each time be provided on the Website pages. Promotions on the Website cannot be combined unless the terms and conditions of a given promotion state otherwise.
V. RESERVATION OF A STAY
- The Service Provider enables, via the Website, Reservation of a stay at the NOCLEGI Wola property presented on the Website, on the dates of availability indicated on the Website, i.e. the Service of Reservation of a stay.
- By making a Reservation, the User concludes an Agreement with the Service Provider on the terms set out in this Section V.
- Information about the NOCLEGI Wola property, including the possibility of Reserving a stay at the NOCLEGI Wola property, presented by the Service Provider on the Website, constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.
- The fee for the Reservation of a stay and any additional services selected by the User in accordance with sub-section 5 below is stated in Polish zloty, as a gross amount, and includes all components, including VAT and other charges. The fees cover payment for the entirety of the reserved stay at the NOCLEGI Wola property.
- A User interested in making a Reservation completes the form available on the Website, which enables the User to check the availability of accommodation at the NOCLEGI Wola property on the dates selected by the User. The User completes the form fields covering the check-in and check-out dates and clicks the “CHECK AVAILABILITY” button. After the button is clicked, the Website displays information on the possibility of making a Reservation, including the number of available places at the NOCLEGI Wola property on the dates selected by the User. A User interested in making a Reservation, in accordance with the information presented, selects the number of accommodation places to be covered by the Reservation and may also select additional paid services, such as the provision of towels, and confirms their selection using the button located below the form. Confirming the selection referred to in the preceding sentence takes the User to the Website page containing the Reservation form.
- In the Reservation form referred to above, the User completes the fields marked as mandatory, including first name and surname and contact details. After the mandatory fields have been completed, selecting the “Book and pay” button, which sends the form to the Service Provider, constitutes an offer to conclude an Agreement for Reservation of a stay; an Agreement is concluded between the User and the Service Provider covering the Reservation of the accommodation places indicated by the User, on the dates selected by the User and in accordance with the fee indicated on the Website page.
- An offer submitted in electronic form is binding on the User if the Service Provider sends confirmation of the Reservation to the e-mail address provided by the User. Confirmation of the Reservation constitutes the Service Provider’s statement accepting the User’s offer, and the Agreement is concluded when the User receives it.
- After the Agreement has been concluded, the Service Provider confirms its terms to the Consumer by sending them to the Consumer’s e-mail address.
- The User pays for the Reservation by electronic payment via the electronic payment system integrated with the Website (fulfilment of the Reservation is possible after the Service Provider receives information from the payment agent’s system that the User has made the payment), or in cash or by payment card during check-in at the NOCLEGI Wola property.
- Information on the method and deadline for payment for the Reservation is indicated on the Website pages. If the User fails to make payment within the deadline referred to in the preceding sentence, the Service Provider, after a prior ineffective request for payment setting an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
- The User may cancel a Reservation made via the Website no later than 7 days before the start of the hotel day on which their stay at the NOCLEGI Wola property was due to begin in accordance with the Reservation. After that deadline, cancellation of the Reservation is not possible. Information on the hours of the hotel day is provided on the Website.
- In order to cancel a Reservation, the User sends a message requesting cancellation of the Reservation to the Service Provider’s e-mail address indicated in Section I of the Terms and Conditions. In the body of the e-mail, the User provides information about the Reservation, i.e. the first name and surname and e-mail address under which the Reservation was made, as well as the dates of the stay at the NOCLEGI Wola property covered by the Reservation.
- Cancellation of the Reservation results in termination of the Agreement for Reservation of a stay between the Service Provider and the User.
- If the Reservation is cancelled in accordance with the rules set out in sub-sections 11 and 12 above, where the User has paid the Reservation fee, the Service Provider shall, within 14 days of cancellation of the Reservation, refund that fee to the User via the electronic payment method used by the User when making the payment.
VI. RIGHTS AND OBLIGATIONS OF USERS
- A Consumer may, within 14 days of concluding a distance Agreement (including an agreement for the provision of Services), withdraw from it without giving any reason by submitting an appropriate statement to the Service Provider. The User may formulate the statement independently or use the statement template available on the Website.
- The Consumer’s right to withdraw from the Agreement is excluded in the case of: an Agreement for the provision of Services, if the Service Provider has fully performed the Service with the Consumer’s express consent and the Consumer was informed before performance began that, after the Service Provider has performed the service, the Consumer would lose the right to withdraw from the Agreement; and also in the case of an Agreement for the provision of Services in respect of accommodation other than for residential purposes, carriage of goods, car rental, catering, or services related to leisure, entertainment, sporting or cultural events, if the Agreement specifies the day or period of performance of the Agreement.
- Upon receipt of the Consumer’s statement of withdrawal from the Agreement, the Service Provider shall send confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer’s e-mail address.
- The User is obliged to:
- act in accordance with the law, good practice and the provisions of these Terms and Conditions, with due regard to the personal rights and intellectual property rights of third parties;
- provide data that is factually accurate and not misleading;
- promptly inform the Service Provider of any changes to data affecting the performance of the Services;
- not use any devices, software or methods that could disrupt the operation of the Website;
- not provide any unlawful content.
- The User may use information and other content presented on the Website or otherwise received from the Service Provider or other Users solely for their own personal use in accordance with the Terms and Conditions for the duration of the Agreement for the provision of Services. In particular, it is prohibited to publicly disseminate such content, in whole or in part, or any adaptations thereof, to use it for commercial purposes, to translate, adapt or make any other changes to it.
- The User may not carry out any activities intended to overload the Service Provider’s inboxes; in particular, sending advertising messages is not permitted.
- Users are prohibited from presenting or sending, via the contact form or anywhere else on the Website, information containing content that is prohibited by law, breaches the principles of good practice, or constitutes acts of unfair competition. In particular, content presented and/or sent by Users must not:
- violate human dignity;
- contain content that discriminates on the grounds of race, sex or nationality;
- contain pornographic content;
- offend religious or political beliefs;
- encourage the infringement or breaking of the law;
- contain content that infringes the law, including in particular copyright or other intellectual property rights, or that encourages copyright infringement, including by making available content that may be used to infringe copyright or other intellectual property rights.
- The Service Provider has the right to suspend the provision of Services, as well as to terminate the Service Agreement after first unsuccessfully requesting that the User cease the infringements, in the following cases:
- if the Service Provider suspects that the User is breaching the Terms and Conditions, applicable law or the principles of good practice;
- if the User’s actions or omissions adversely affect the good name of the Service Provider or otherwise cause harm to the Service Provider;
- if the Service Provider receives a complaint regarding the activities of a given User, or in any other case where the Service Provider has doubts as to whether the User’s actions comply with the nature of the Website, the law and the principles of social coexistence;
- if the User is in arrears with any payment due to the Service Provider.
- The Consumer has, among other things, the following options for using out-of-court methods of handling complaints and pursuing claims:
- the Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the User and the Service Provider.
- the Consumer may also submit a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
Information on how to access the above dispute-resolution procedure and processes is available at: www.uokik.gov.pl under the “Consumer dispute resolution” tab.
VII. COMPLAINTS REGARDING SERVICES PROVIDED ELECTRONICALLY
- The User may submit complaints concerning the Services provided as part of the Website, in particular their non-performance or improper performance.
- Complaints may be submitted in writing to KB INVESTMENTS s.c., ul. Górczewska 30, 01-147 Warszawa, by e-mail to: recepcja@volahostel.pl or by telephone on +48 786 86 94 68.
- In the complaint, the User should provide their first name and surname, correspondence address, and the type and description of the problem that has occurred.
- The Service Provider undertakes to consider each complaint within 30 days or, if this is not possible, to inform the User within that period when the complaint will be considered. If the complaint is incomplete, the Service Provider will request that the User complete it to the necessary extent within 7 days from the date on which the User receives the request.
VIII. PERSONAL DATA PROTECTION
The personal data provided by Users is collected and processed by the Service Provider in accordance with applicable law and the Privacy Policy available on the Website.
IX. FINAL PROVISIONS
- The Terms and Conditions are available in Polish.
- The provisions of these Terms and Conditions concerning the Consumer, with regard to withdrawal from the contract, complaints and the procedure for introducing amendments to the Terms and Conditions, apply to a natural person concluding a contract directly related to their business activity where it follows from the content of that contract that it is not of a professional nature for that person, in particular having regard to the subject of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court methods of handling complaints and pursuing claims do not apply.
- Reproduction or publication of these Terms and Conditions, or any part thereof, without the written consent of the Service Provider is prohibited.
- Unless mandatory provisions of law provide otherwise, Polish law shall be the governing law for the resolution of any disputes arising under these Terms and Conditions.
- Any disputes arising under these Terms and Conditions, where the other party is not a Consumer, shall be resolved before the common court having jurisdiction over the registered office of the Service Provider.
- The content of these Terms and Conditions may be amended. Each User who is a Consumer will be informed of any amendments by means of information on the Website’s home page containing a summary of the amendments and the date on which they enter into force. The amendments shall enter into force no earlier than 14 days from the date of their announcement.
- Amendments to the Terms and Conditions concerning Entrepreneurs who are not natural persons concluding an Agreement directly related to their business activity, where it follows from the content of that Agreement that it is not of a professional nature for those persons, in particular having regard to the subject of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Business Activity, shall enter into force on the date of their publication on the Website pages.
Notice of withdrawal from the service contract
(information on exercising the right to withdraw from the service contract)
Right to withdraw from the service contract
We inform you that you have the right to withdraw from the service contract within 14 days without giving any reason. The withdrawal period expires 14 days after the date on which the contract is concluded.
To exercise the right of withdrawal, you must inform KB INVESTMENTS s.c., ul. Górczewska 30, 01-147 Warszawa, e-mail address: recepcja@volahostel.pl, tel.: +48 786 86 94 68, of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). You may use the model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period expires.
Effects of withdrawal from the contract
If you withdraw from a contract for the provision of a paid service, we will refund all payments received from you without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to exercise your right of withdrawal from this contract. We will make the refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this refund.
If you requested that the provision of services begin before the withdrawal period expired, in the case of paid services you will pay us an amount proportionate to the scope of the services performed up to the moment at which you informed us of your withdrawal from this contract.
Exclusion of the right of withdrawal
The right to withdraw from the Service Agreement is excluded in the event of full performance of the Agreement, if the Service Recipient consented to its performance before the expiry of the withdrawal period and was informed of the effect of giving such consent, namely the exclusion of the right to withdraw from the contract.