BOOKING REGULATIONS FOR ACCOMMODATION SERVICES BY ELECTRONIC WAY (hereinafter referred to as “RULES”)

1. PRELIMINARY PROVISIONS
2. These Regulations specify the type, scope, conditions and principles of making, canceling, changing and accounting for a service provided electronically by the Service Provider (understood in accordance with the definition covered by paragraph 2 of the Regulations) to the Client (understood in accordance with the definition covered by paragraph 2 of the Regulations).
3. The Regulations are the regulations referred to in art. 8 sec. 1 point 1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219 of 24 June 2017, as amended).
4. The Service Provider (understood in accordance with the definition covered by paragraph 2 of the Regulations) declares that he is entitled to mediate – under a separate agency agreement – in concluding agreements related to the booking of rooms between the Facility and the Customer.
5. The content of the Regulations is made available to everyone free of charge.
6. The Regulations are available as part of the booking system, on the website of a particular Facility (understood in accordance with the definition covered by paragraph 2 of the Regulations).
7. The Regulations shall be made available in a form that allows it to be stored and restored in the ordinary course of action (in the format of an HTML document). At the Customer’s request, the Service Provider will send the Customer a copy of the regulations in PDF format to the Customer’s e-mail address.

2. DEFINITIONS
3. The following terms used in the Regulations shall have the meanings determined in accordance with the following definitions:
4. Facility – an entity for which the Service Provider operates (under a separate agreement) as an agent performing Services provided electronically, including the Service described below;
5. Client – means any natural person who is over 18 years of age and has full legal capacity, legal person or organizational unit without legal personality, which the law grants legal capacity, which meets the requirements described in the Regulations and uses the Service, in particular performs or cancels a reservation in the System;
6. Regulations – means these Regulations, prepared and used by the Service Provider;
7. Agreement – means a contract for the provision of a room reservation service, concluded electronically, the object of which is to provide the Service indicated in these Regulations;
8. Service – means a room booking service in the Service, provided electronically by the Service Provider to the Customer, consisting in making, changing, or canceling a reservation of a selected room / selected rooms in the Facility and making payment for the booking possible. A detailed description of the Service includes item 3 of these Regulations;
9. Service Provider – means Bartłomiej Ochal Apartments, Krakow 31-008, Rynek Główny 24/2, NIP: 506-001-69-06, REGON: 360504285;
10. Service provided electronically – performance of the service provided without the simultaneous presence of websites (at a distance), by transmitting data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2007 – Telecommunications Law (Dz.U.2017.1907 of 12 October 2017, as amended);
11. Teleinformation system – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2007 – Law telecommunications (Dz.U.2017.1907 of October 12, 2017, as amended);
12. System – Hotres reservation system, owned and operated by the Service Provider, enabling the Customer to make, change or cancel the reservation of a selected room / selected rooms in the Facility and make payments for the reservation; type of IT system;
13. 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 electronic mail or text messages (SMS).

3. TYPE AND SCOPE OF THE SERVICE
4. On the terms resulting from these Regulations, the Service Provider provides electronically the service of making, changing or canceling the reservation of a selected room / selected rooms in the Facility and the service of making payments for the reservation. The Service Provider does not conclude any hotel service contracts for the Facility, in particular the Service Provider is not obliged to provide other services, including any hotel services, except for services related to making, changing or canceling a room / selected room reservation in the Facility. These agreements are concluded on terms specified separately by the Facility.
5. The condition for providing the Service is:
6. getting acquainted with the Regulations and accepting its provisions by marking the appropriate fields as part of the booking form in the Service Provider’s System;
7. submitting, by marking the appropriate fields in the reservation form in the Service Provider’s System, a statement about:

• the accuracy of the data provided to the Service Provider;
• giving consent to the Service Provider processing personal data provided to the Service Provider in order to provide the Service;
• acknowledgment of the voluntary data provided and rights under the Act on the Protection of Personal Data (Dz.U.2016.922 of 28 June 2016, as amended);
• on the choice of payment for the reservation and possible selection of the VAT invoice, if the price conditions of the object require it.

3. The provision of the Service is possible only after filling out the booking form as part of the Service Provider’s System and after accepting these Regulations and submitting the statements referred to in point 3.2.2. Regulations.
4. To use the services specified in these Regulations, it is required to obtain a connection to the Internet and to have an active and correctly configured e-mail account.
5. Use of the Service is voluntary.
6. The use of the Service is free of charge, however, it may involve costs incurred by the Customer towards the Internet provider, which is not the responsibility of the Service Provider.

4. BOOKING AND CANCELLATION
5. To use the Service, it is necessary to have a unique e-mail address and complete the reservation form provided as part of the Service Provider’s System.
6. Booking by the Customer includes the following steps:
7. selection of hotel services provided by the Facility, based on data and information provided in the System, in particular availability and price of the room reservation; the prices quoted in the System are gross prices and include only services indicated as its components;
8. entering the required data and information by the Customer using the reservation form – in particular the name and surname, unique e-mail address and telephone number – within the System made available on the Facility website;
9. confirmation by the customer to read and accept the Regulations and submit the required statements. The Client’s failure to confirm and accept the content of the Regulations and the failure to submit the required declarations makes the continuation of the booking procedure impossible;
10. making a payment if the price conditions of the Facility so require, under selected conditions;
11. after entering the reservation data and confirming the acceptance of the Regulations, the client will receive automatically a confirmation message containing the code and confirmation of the booking along with the payment terms and the rules of its modification or cancellation, given in the reservation’s e-mail address. At the moment of sending the confirmation, the booking agreement is considered as concluded.
12. The Service Provider reserves the right to refuse to make a reservation in the absence of free rooms in the Facility. In this case, the customer will receive an automatic message on the booking email address provided during the reservation about the impossibility to make a reservation.
13. Canceling the reservation by the Customer includes the following steps:
14. selecting the “Modify” option in the message sent to the Customer including the booking confirmation referred to in point 4.2 lit. e of the Regulations;
15. the choice of the option described above will result in launching a reservation management system in the web browser. In the reservation management system, select the “Cancel” option, then describe the reason for the cancellation;
16. After the cancellation of the booking, the client will receive an automatic confirmation of the cancellation of the booking, provided that the cancellation of the booking is canceled, and if the payment for the booking is canceled and paid in advance, the amount paid will be returned to the account from which the payment was made as part of the booking.
17. The customer may cancel the reservation at any time. Canceling a reservation for a minimum of 7 days before it starts does not involve any costs for the client.
18. If the reservation is canceled less than 7 days before its commencement, the Customer is not entitled to a refund of the costs incurred.
19. If the guest does not appear in the (no show) during the booked period, he / she will be charged the full cost of the reservation.

5. OBLIGATIONS OF THE SERVICE PROVIDER
6. In connection with the provision of the Service described in these Regulations, the Service Provider is obliged to:
7. comply with the provisions of these Regulations;
8. provide the Service with due diligence.
9. In the event of unplanned lack of access to the Service or as a result of a failure preventing its implementation, the Service Provider shall be obliged to take due diligence measures aimed at restoring the functionality of the System. However, the Service Provider is not liable for the Customer’s inability to use the Service and any damage to the Customer caused by the lack of access to the System, telecommunications connection failure, except when such an event would have been the Service Provider’s intentional fault.
10. The Service Provider reserves the right to block the email address of the Customer who has violated the provisions of these Regulations or the law.
11. The Service Provider does not guarantee the uninterrupted provision of the Service. In particular, the Service Provider shall not be liable for a break in the provision of the Service caused by technical, maintenance to the System and those on the part of the Customer or a third party.

6. CUSTOMER’S OBLIGATIONS
7. In connection with the use of the Service, the Customer is obliged to:
8. compliance with all provisions of the Regulations;
9. comply with all legal provisions, good customs and generally applicable rules of using the Internet network;
10. correct determination of customer data, including in particular required during booking;
11. promptly inform the Service Provider of any security breaches and problems related to the functioning or use of the Service;
12. not carrying out any activities threatening the security of the System or computer systems of third parties;
13. not using the System directly or indirectly to conduct any activities that are against the law, decency rules of Internet use, or infringe upon the rights of third parties.

7. LIABILITY
8. The Service Provider shall not be liable for any interruptions in the provision of the Service resulting from failures or malfunctioning of the ICT systems that are beyond the Service Provider’s influence.
9. The Service Provider is not responsible for the inability to use the Service resulting from errors when making, changing or canceling the reservation by the Customer.
10. The Customer bears sole and full responsibility on the risk rules for all consequences and damages incurred on the part of the Customer, Service Provider or other person, related or resulting from the following events:
11. breach by the Customer of any provisions of the Regulations;
12. improper use of the System by the Customer, in particular using the System in a manner contrary to its intended use or instructions presented in the Regulations;
13. lack of security for the client’s IT systems.
14. The Service Provider does not control, inspect or be liable for damage caused to the Customer or a third party as a result of or in connection with the Customer’s use of the Service, in particular the Service Provider is not liable for damages arising from or related to:
15. destruction, damage, interruptions in the operation of the Service or any software used by the Customer;
16. introducing to the Client’s IT system any malicious software (eg viruses) or data, including those related to the destruction or damage of the Client’s hardware or software.
17. The Service Provider shall not be liable for damages caused to the Customer due to defects (defects) of the System, lack of action or improper operation, failures, including the inability to use or malfunction of the Service due to lack of action or malfunction (eg defect, failure ) System or any of its elements.
18. Neither Party shall be liable for damage caused by force majeure.
19. The Service Provider’s liability for damage in the form of lost customer benefits is excluded.
20. The Services provided in the Regulations for the exclusion or limitation of liability of the Service Provider do not apply in cases where due to the content of the mandatory provisions of law it is not possible to exclude or limit liability, in particular they do not apply to damages caused intentionally to the Customer.

8. COMPLAINTS
9. Complaints related to the provision of the Service must be submitted by mail to the address of the Service Provider or electronically to the email address of the Service Provider.
10. The complaint should contain the following details of the Customer: name, surname, address of the Customer, e-mail address provided during booking and a description of the problem that appeared in connection with the use of the Service.
11. Complaints will be processed on a first-come basis with the Service Provider, on the terms described above.
12. The Service Provider will consider the complaint within 14 business days of its receipt. Immediately after considering the complaint, the Service Provider will respond to the complaint regarding the complaint. The reply will be sent in the same form in which the complaint was made to the e-mail address provided by him in the complaint or the Customer’s correspondence address.
13. In the event that the information provided in the complaint would require supplementation, the Service Provider, before examining the complaint, will ask the customer to complete it within the prescribed period to consider the complaint. In this case, the time limit referred to in point 8.4 above, runs from the moment the Completed Complaint is received by the Service Provider.

9. PERSONAL DATA AND PRIVACY POLICY
10. The administrator of Customers’ personal data is Bartłomiej Ochal Apartments with its registered office in Krakow 30-348, ul. Torfowa 18/5, NIP: 5060016906, REGON: 360504285, which can be contacted by e-mail: office@meyoapartments.com, tel. +48511722587.
11. Providing data is voluntary, but necessary to provide the Service.
12. The Customer whose data relates is entitled to:
13. access to their data, their correction or withdrawal at any time (withdrawal of consent does not affect the lawfulness of the processing on its basis prior to its withdrawal);
14. request for deletion of data (right to be forgotten);
15. restrictions on data processing;
16. data transfer (if technically possible);
17. expressing objections in the case of using automated decision-making (including profiling);
18. file a complaint to the President of the Office for the Protection of Personal Data.
19. Personal data provided by the Customer will be processed in order to:
20. implementation of services provided by the Administrator on the basis of Article 6 para. 1 lit. b) THE RHODIUM;
21. marketing, including sending commercial information to the e-mail address, if the customer has given his consent, by marking the appropriate box in the booking process. Consent to the processing of data for marketing purposes and sending commercial information may be withdrawn by clicking the appropriate link in the received message or sent such a notification to the Administrator’s e-mail address;
22. implementation of the justified interest of the Administrator of personal data in specific cases pursuant to Article 6 para. 1 lit. f) RODO, eg debt collection or video traffic monitoring within the Facility.
23. The legal basis for the processing of personal data are contracts concluded between the Customer and the Facility and the relevant provisions of national and EU law under which personal data are processed.
24. The Customer’s personal data will be kept for a maximum period of time resulting from the provisions of the Tax Ordinance, the provisions of the Accounting Act and other generally applicable regulations.
25. The Customer’s personal data will not be processed outside the EEA.
26. The administrator may use automated decision-making, including profiling, for marketing purposes, and adjusting the offer.
27. The Administrator entrusts the processing of personal data to the Service Provider. Recipients of personal data may also be bodies, institutions and entities authorized by law, as well as entities providing services to the Data Administrator (eg legal services, IT, marketing, accounting and other entities involved in the implementation of the Service).
28. The Service Provider and the Administrator declare that they use organizational and technical means ensuring the security of personal data being processed.
29. The Service Provider and the Administrator are not responsible for the consequences of providing false or incorrect data by the Customer if, despite due diligence, it will not be possible to contact the Customer.

10. PROHIBITION OF UNLAWFUL ACTIONS
11. The Customer may not use the Service provided by the Service Provider for purposes contrary to the law, principles of social coexistence, morality and commonly accepted rules of conduct.
12. The Customer may use the Service only in a manner consistent with its intended use and functionality specified in the Regulations.

11. FINAL PROVISIONS
12. The Regulations enter into force upon publication on the Facility website and apply to bookings made after 2019-01-01.
13. The Service Provider is entitled to amend the provisions of the Regulations at any time and according to his own decision. In particular, the Service Provider may change the provisions of these Regulations in the case of:
14. the need to adapt the Regulations to mandatory provisions or to changes in legal provisions affecting the content of the Regulations;
15. the need to adapt the Regulations to the recommendation, interpretation, ruling, decision or decision of a public authority or court decision affecting the content of the Regulations;
16. expanding or changing the functionality of the System;
17. introducing new Services, changing the scope or nature of the Services;
18. changing the technical terms of providing the Services;
19. changes in the scope of the Service Provider’s activities.
20. Within the limits set by the mandatory provisions of law, the invalidity of any of the provisions of the Regulations shall not affect the validity of the remaining provisions of the Regulations.
21. Any disputes arising in connection with the implementation of the provisions of these Regulations, shall be considered by a common court competent for the Service Provider. The provision covered by the wording of the preceding sentence does not apply to contracts concluded with Users who are consumers who are consumers. In order to remove any doubts, the Service Provider informs that in the case of consumers in disputes referred to in this paragraph, the court competent is the court provided for in the relevant provisions on the protection of consumer rights.
22. The applicable law is Polish law. In matters not covered by the Regulations, relevant provisions of Polish law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (Dz.U.2017.459 of 2 March 2017, as amended) and the Act of 18 July 2002 on the provision of electronic services (Dz.U.2017.1907 of 12 October 2017, as amended), and the Act of 29 August 1997 on the protection of personal data (Dz.U.2016.922 of June 28, 2016, as amended).