
I. INTRODUCTORY PROVISIONS
1. This document defines the rights and obligations of the Company and the Client.
2. The Services are provided by the Company via the website https://www.folgagryfice.pl using the HotelSystems.pl Reservation System and the Przelewy24 Payment System.
3. The terms used below have the following meanings:
3.1. Client – a natural person making the Reservation who has full legal capacity, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity.
3.2. Reservation Fee – a reservation fee paid when making a Reservation on the website https://www.folgagryfice.pl or at the Hotel, in the amount of 30% of the total amount (in PLN, gross) of the Hotel Services ordered by the Client, rounded to full złoty.
3.3. Hotel – Folga, ul. Tadeusza Kościuszki 14C, 72-315 Resko, recepcja@folgagryfice.pl, tel.: + 48 531790144, managed by the Company.
3.4. Regulations – this document.
3.5. Hotel Regulations – regulations made available to the Client in the Hotel and on the website: https://www.folgagryfice.pl, including in particular the Hotel Folga Regulations, the Hotel Folga Unguarded Car Park Regulations, the Hotel Folga SPA Zone Regulations and the Hotel Folga Bicycle Rental Regulations.
3.6. Company – AWEST Plucińscy Sp. K. with its registered office in Resko, ul. Tadeusza Kościuszki 14C, 72-315 Resko, registered in the register of entrepreneurs, registry court: District Court Szczecin-Centrum in Szczecin, XIII Commercial Division of the National Court Register, NIP: 2530341980, REGON: 367725523, KRS: 0000685816.
3.7. HotelSystems.pl reservation system - reservation system provided by Tomasz Długopolski conducting business under the name Długopolski Tomasz American.pl Tomasz Długopolski, ul. Szrenicka 46, 58-560 Jelenia Góra, NIP: 6131029697, which is used to make Reservations on the website https://www.folgagryfice.pl.
3.8. Reservation Agreement (Reservation) – an agreement concluded between the Client and the Company electronically or in another manner provided for in these Regulations, which entitles to conclude a Hotel Agreement.
3.9. Hotel Agreement – an agreement concluded between the Client and the Company upon check-in at the Hotel, provided that the Hotel Regulations are accepted, the remaining amount for the Hotel Services selected by the Client is paid.
3.10. Hotel Service – available on the website https://www.folgagryfice.pl: accommodation service at the Hotel, special packages or additional services.
II. TECHNICAL REQUIREMENTS
1. In order to make a Reservation electronically, the Client must have access to the Internet and an e-mail address to which a message confirming the Reservation (in the event of completion of the Reservation process) or an e-mail message about the need to pay the Reservation Fee (in the event of failure to complete the Reservation process) is sent.
2. To obtain assistance or answers to any questions related to the Reservation, the Client should contact the Hotel staff directly: recepcja@folgagryfice.pl, + 48 531 790 144.
3. The HotelSystems.pl reservation system allows the Client to set up a user account, which the Client can use to handle all reservations made via the HotelSystems.pl reservation system (including from other accommodation service providers). The provider of the account service in the HotelSystems.pl reservation system, who is exclusively responsible for its operation and specifies the technical requirements necessary to use this service, is Tomasz Długopolski conducting business under the name Długopolski Tomasz American.pl Tomasz Długopolski, ul. Szrenicka 46, 58-560 Jelenia Góra, NIP: 6131029697.
4. The Client can pay for the Reservation using the Przelewy24 payment system. The provider of the payment service specified in point III.1.3.a-b. of the Regulations is PayPro S.A. with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, KRS: 0000347935, which is exclusively responsible for the implementation of this service and specifies the requirements necessary to use it.
5. The Company also allows for making Reservations by phone, in person at the Hotel or through an intermediary (e.g. Booking.com). In such a situation, the principles of making Reservations electronically described in these Regulations apply accordingly (i.e. to the fullest extent possible, with modifications resulting solely from the specifics of the selected form of making Reservations).
III. RESERVATION
1. To make a Reservation electronically, the Customer must take the following actions:
1.1. select the Hotel Service;
1.2. fill in the required personal data in the form and add any comments regarding the Reservation;
1.3. pay the Reservation Fee using one of the selected payment methods:
a. by credit card (Visa, Mastercard, Diners Club, Discover);
b. electronically
bank transfer (Przelewy24);
c. standard bank transfer.
2. When selecting the payment method from point 1.3.a. and 1.3.b. above, the Client will be redirected to a page enabling payment of the Reservation Fee via the Przelewy24 Payment System. Data authorization is performed by connecting to the Przelewy24 Payment System using an encrypted 128-bit protocol. After the payment is accepted by the Przelewy24 Payment System, the Client is automatically notified by e-mail about the confirmation of the payment and the Reservation. The e-mail confirming the Reservation includes: Client data, hotel name, description of the offer, total price of the stay, the amount of the Reservation Fee paid and the amount to be paid additionally at the Hotel.
3. When selecting the payment method from point 1.3.c. above, the Client will receive an e-mail confirmation of the Preliminary Reservation, which will be confirmed after paying the Reservation Fee. A reservation made in this way is valid for 48 hours. If payment is not received within this time, the Company reserves the right to cancel it. After paying the Reservation Fee, the Client will receive an e-mail confirming the Reservation.
4. The reservation fee is 30% of the total amount (in PLN, gross) of the Hotel Services ordered by the Client and is rounded to full zlotys. The Client pays the remaining amount for the Hotel Services on site at the Hotel when checking in at the Hotel in order to conclude the Hotel Agreement. At the request of the Hotel staff, the Client is obliged to present an e-mail with confirmation of payment of the Reservation Fee.
5. If the Client makes the Reservation through an intermediary (e.g. Booking.com), the rules for payment and the amount of the reservation fee, refund or non-refund of this fee are determined by the intermediary. The Client then makes the Reservation using the functionality of the website or application of this intermediary.
6. If the Client makes the Reservation in person at the Hotel, the Hotel staff informs the Client about the rules for payment and confirmation of the Reservation Fee.
7. The reservation is considered to have been made at the time of sending an e-mail to the Client confirming payment of the Reservation Fee and making the Reservation. If the Client makes the Reservation through an intermediary (e.g. Booking.com), the confirmation referred to in the previous sentence will be sent to the Client directly by this intermediary. In the event of failure to receive confirmation, the Client should check SPAM messages, and if this does not bring results, contact the Hotel staff or the intermediary (if applicable).
8. The Company reserves the right to refuse to make a Reservation in the event of a lack of available rooms in the Hotel. In such a case, the Client will receive a message to the e-mail address provided by him/her informing them that it is not possible to make the Reservation. In such a situation, the Company will return (no later than within 14 days) the paid Reservation Fee to the Client using the same payment method that the Client used when making the Reservation.
9. The comments entered by the Client in the form do not bind the Company in any way. The Company does not guarantee their fulfillment. The Hotel Staff reserves the right to contact the Client by e-mail or telephone to discuss them and inform them about their payment. Appropriate information may also be provided when checking in at the Hotel. Hotel services ordered in the comments will be implemented only after the Client accepts the terms of their implementation.
IV. CONCLUSION OF A HOTEL AGREEMENT AND STAY AT THE HOTEL
1. The Client who made the Reservation is entitled to receive it and conclude a Hotel Agreement. The Hotel Agreement will be concluded subject to acceptance of the Hotel Regulations, payment of the remaining amount of the ordered Hotel Services (after deducting the amount of the Reservation Fee).
2. The Client acknowledges that a violation of the Hotel Regulations in the cases indicated therein may result in the termination of the Hotel Agreement with immediate effect. In such a situation, the Client will have to leave the Hotel immediately.
3. In the event of concluding a Hotel Agreement directly at the Hotel, without prior Booking, the above provisions shall apply accordingly (i.e. to the fullest extent possible, with modifications resulting solely from the specifics of this form of concluding a Hotel Agreement).
V. RIGHTS AND OBLIGATIONS
1. The Client agrees to comply with the terms and conditions applicable at the Hotel, including, among others, those contained in the Hotel Regulations, and to settle all dues on time, as well as to comply with all guidelines, rules and restrictions, in particular those imposed by law or recommendations of relevant authorities and services, which are applicable at the Hotel.
2. The Client is obliged to use true data, including personal data, which they have the right to use.
3. If the Booking is made for a natural person conducting business or professional activity on their own behalf, a personlegal entity or an organizational unit that is not a legal person, to which the law grants legal capacity, on behalf of the aforementioned entity, the Reservation may only be made by a person duly authorized to represent the aforementioned entity. The Hotel Staff is entitled to request at any time that the person making the Reservation sends a document confirming authorization to act on behalf of the Client.
4. The Client undertakes not to take any actions that are inconsistent with the provisions of generally applicable law or good practices.
5. The Company undertakes to fulfill the conditions of the Reservation made.
VI. MODIFICATION, CANCELLATION AND RIGHT TO WITHDRAW FROM THE RESERVATION AGREEMENT
1. The Client acknowledges that in accordance with art. 38 sec. 1 item 12 of the Consumer Rights Act, he/she has no right to withdraw from the Reservation Agreement as an agreement concluded at a distance. This does not apply to a situation in which the Reservation Agreement was concluded in person at the Hotel.
2. Subject to item III.5. above, in the event of cancellation of the Reservation by the Client, the Reservation Fee is non-refundable. In extraordinary situations, the Hotel staff may agree to change the Reservation date or its conditions at the Client's request. For this purpose, the Hotel staff should be contacted. The final decision in this regard belongs to the Company.
VII. LIABILITY
1. The Client is solely responsible for the selection of the booked Hotel Services and their suitability for their own needs and the needs of the people for whom they make the Reservation.
2. The Client is responsible for their own actions and omissions, including providing incorrect information or failure to comply with the Regulations and the Hotel Regulations.
3. The Company or the HotelSystems.pl reservation system provider are not responsible for the interruption of the form filling process at the stage of filling it in (abandoning the shopping cart) by the Client. The Client is required to start filling in the form again.
4. Leaving the Hotel before the date of the paid stay at the Hotel or not using the Hotel Services does not entitle the Client to a refund of the paid price, unless the Client has agreed otherwise with the Hotel staff.
5. The Company or the HotelSystems.pl reservation system provider are not responsible for:
5.1. incorrectly entered data by the Client;
5.2. lack of Client access to the Internet or limitations in its availability;
5.3. limitations or incorrect operation of software or devices belonging to the Client;
5.4. damages incurred and benefits lost by the Client, which were caused by the actions or omissions of third parties, and which the Company had no influence on;
5.5. damages incurred and benefits lost by the Client, which were caused as a result of force majeure;
5.6. payments made using the Przelewy24 payment system.
6. The exclusions or limitations of liability provided for in the Regulations do not apply in cases where, due to the content of mandatory provisions of law, it is not possible to exclude or limit liability, in particular they do not apply to damage caused intentionally.
VIII. COMPLAINTS
1. Complaints regarding services provided by the Company under the Regulations may be submitted by the Client by letter or electronically to the Hotel's data indicated in point I.3.3. of the Regulations. The complaint should contain the following information: first name, last name, address of the Client, e-mail address provided when booking and a description of the problem that occurred during the use of the Hotel Services.
2. The Hotel Staff provides the Client with a response to the complaint within 14 days of its receipt. The response to the complaint will be sent in the same form in which it was submitted.
IX. PERSONAL DATA AND PRIVACY
1. The principles of personal data processing and privacy protection conditions are specified in the Privacy Policy available at: https://www.folgagryfice.pl/polityka-prywatnosci.html.
2. The recipients of the Customer's personal data are the following entities:
2.1. the provider of the HotelSystems.pl reservation system;
2.2. the provider of the Przelewy24 payment system – PayPro S.A.
X. FINAL PROVISIONS
1. The Company has the right to introduce changes to the Regulations. The changes introduced are effective upon their announcement on the website https://www.folgagryfice.pl, provided that the Customer who made the Reservation before the changes were introduced is bound by the Regulations in the version in force on the date of acceptance of the Regulations by the Customer.
2. In matters not regulated in the Regulations, the relevant provisions of Polish law shall apply. Any disputes between the Company and the Customer who started making or made the Reservation not as a consumer shall be resolved byby the court with local jurisdiction for the Company's registered office.
3. In the event of a change or invalidation as a result of a final court decision, any of the provisions of the Regulations, the remaining provisions thereof shall remain in force.
4. Information on the possibility of using by the Customer who is a consumer out-of-court methods of handling complaints and pursuing claims and the principles of access to these procedures are available at the offices and on the websites of district consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Trade Inspections and on the websites of the Office of Competition and Consumer Protection:
4.1.https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php;
4.2.https://www.uokik.gov.pl/sprawy_indywidualne.php;
4.3.https://www.uokik.gov.pl/wazne_adresy.php.
5. A customer who is a consumer may use the EU ODR online platform for the purpose of amicable dispute resolution, available at the following address: http://ec.europa.eu/consumers/odr/.
6. The Regulations shall apply from 07.11.2024.