Aroma Stone

1. PRELIMINARY PROVISIONS:
   1. These Terms and Conditions define the type, scope, conditions, and rules for making, canceling, modifying, and settling reservations within the electronic service provided by the Service Provider (understood according to the definition contained in point 2 of the Terms and Conditions) for the Client (understood according to the definition contained in point 2 of the Terms and Conditions).
   2. The Terms and Conditions are the regulations referred to in Article 8 paragraph 1 point 1) of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2017.1219 dated June 24, 2017, as amended).
   3. The Service Provider (understood according to the definition contained in point 2 of the Terms and Conditions) 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 and Conditions is made available to everyone free of charge.
   5. The Terms and Conditions are available within the reservation system and on the Facility's website (understood according to the definition contained in point 2 of the Terms and Conditions).
   6. The Terms and Conditions are made available in a form allowing storage and reproduction in the ordinary course of business (in HTML and/or PDF document format). At the Client's request, the Service Provider will send the Client a copy of the Terms and Conditions in PDF format to the Client's specified email address.
2. DEFINITIONS
   1. The following terms used in the Terms and Conditions shall have the meaning established in accordance with the definitions below:
   2. Electronic communication means – technical solutions, including teleinformatics devices and cooperating software tools, enabling individual remote communication by means of data transmission between teleinformatics systems, in particular email or text messages (SMS).
   3. System – the Profitroom Booking Engine Reservation System, owned and operated by the Service Provider on behalf of the Facility, enabling the Client to make, change, or cancel a reservation of the selected room(s) at the Facility and to make payments related to the reservation; a type of teleinformatics system;
   4. Teleinformatics System – a set of cooperating IT devices and software providing processing and storage as well as sending and receiving data via telecommunications networks using an appropriate telecommunications network terminal device within the meaning of the Act of July 16, 2007 – Telecommunications Law (Journal of Laws 2017, item 1907 of October 12, 2017, as amended);
   5. Service provided electronically – performance of a service provided without the simultaneous physical presence of the parties (remotely), through data transmission at the individual request of the service recipient, sent and received using devices for electronic processing, including digital compression and data storage, which is wholly sent, received, or transmitted via a telecommunications network within the meaning of the Act of July 16, 2007 – Telecommunications Law (Journal of Laws 2017, item 1907 of October 12, 2017, as amended);
   6. Service Provider - means Profitroom Sp. z o.o. with its registered office 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 – means the room reservation service at the Facility, provided electronically by the Service Provider on behalf of the Facility for the Client, consisting of making, changing, or canceling reservations of selected room(s) at the Facility and enabling payment for the reservation. A detailed description of the Service is included in point 3 of these Terms and Conditions;
   8. Agreement – means the room reservation service agreement concluded electronically, the subject of which is the provision of the Service indicated in these Terms and Conditions;
   9. Terms and Conditions – means these Terms and Conditions drafted and applied by the Service Provider;
   10. Client – means any natural person who has reached the age of 18 and has full legal capacity, a legal person, or an organizational unit without legal personality to whom the law grants legal capacity, who meets the requirements described in the Terms and Conditions and uses the Service, in particular makes or cancels a reservation in the System;
   11. Facility – the entity on whose behalf the Service Provider acts (based on a separate agreement) as an agent performing electronic services, including the Service described below; the Facility is Hotel Aroma Stone, owned by L.I. Invest Company Spółka z ograniczoną odpowiedzialnością, with its registered office in Syców (56-500), at ul. Szosa Kępińska 1, NIP: 9111904465.
3. TYPE AND SCOPE OF THE SERVICE
   1. Under the terms set forth in these Terms and Conditions, the Service Provider provides on behalf of the Facility an electronic service of making, changing, or canceling reservations for the selected room(s) in the Facility and the service of making payments related to the reservation. The Service Provider does not conclude hotel service agreements on behalf of the Facility, in particular, the Service Provider is not obliged to provide other services, including all hotel services, except for services related to making, changing, or canceling the reservation of room(s) at the Facility. Such agreements are concluded under conditions separately specified by the Facility.
   2. The condition for providing the Service is:
      1. familiarization with the Terms and Conditions and acceptance of its provisions by ticking the appropriate fields in the reservation form in the Service Provider's System;
      2. submission, by ticking the appropriate fields in the reservation form in the Service Provider's System, of a statement regarding:
      • the truthfulness of the data provided to the Service Provider;
        • choice of payment for the reservation and, if applicable, choice of VAT invoice, if this is required by the Facility's pricing conditions.
   3. Provision of the Service is possible only after filling out the reservation form within the Service Provider's System and after acceptance of these Terms and Conditions and submission of the declarations referred to in point 3.2.2. of the Terms and Conditions.
   4. To use the services specified in these Terms and Conditions, it is required to have an Internet connection and to have an active and properly configured email account.
   5. Use of the Service is voluntary.
   6. The use of the Service is free of charge, however, it may involve costs borne by the Client towards the Internet service provider, for which the Service Provider is not responsible.
4. RESERVATION AND ITS CANCELLATION
   1. To use the Service, it is necessary to have a unique email address and fill in the reservation form provided within the Service Provider's System.
   2. Reservation by the Client includes the following steps:
      1. selection of hotel services provided by the Facility, based on data and information provided in the System, in particular availability and the price of the room reservation; the prices stated in the System are gross prices and cover only the services indicated as its components;
      2. entry by the Client of required data and information using the reservation form – in particular name and surname, unique email address, credit card number, and phone number – within the System provided on the Facility's website; providing and sharing personal data by the Client in the registration form is voluntary, but necessary to use the Service;
      3. confirmation by the Client of having read and accepted the Terms and Conditions and submitting the required declarations. Failure by the Client to confirm reading and acceptance of the Terms and Conditions and failure to submit the required declarations will prevent the continuation of the reservation procedure;
      4. making payment if required by the Facility's pricing conditions, under selected conditions;
      5. after entering reservation data and confirming acceptance of the Terms and Conditions, the Client will automatically receive at the email address provided during the reservation an email containing the code and reservation confirmation with payment conditions and rules for changing or canceling it. Upon sending the confirmation, the reservation agreement is deemed concluded.
   3. The Service Provider reserves the right to refuse a reservation in case of no available rooms at the Facility. In such cases, the Client will receive an automatic message to the email address provided during the reservation about the impossibility to make the reservation.
   4. Cancellation of the reservation by the Client includes the following steps:
      1. selection of the “Modify” option in the message sent to the Client including the reservation confirmation referred to in point 4.2 letter e of the Terms and Conditions;
      2. selection of the described option will launch the reservation management system in a web browser. In the reservation management system, the “Cancel” option should be selected, and then the reason for cancellation should be provided;
      3. after cancellation, the Client will receive an automatic message to the email address provided during the reservation confirming the cancellation, and in case of free cancellation and prior payment for the reservation, the paid amount will be refunded to the Client’s account from which the payment was made.
   5. Modification of the reservation by the Client includes the following steps:
      1. selection of the “Modify” option in the message sent to the Client including the reservation confirmation referred to in point 4.2 letter e of the Terms and Conditions;
      2. selection of the described option will launch the reservation management system in a web browser. In the reservation management system, the “Modify” option should be selected, and then a detailed modification request should be described;
      3. after sending the modification request, the Facility will contact the guest to inform about the status of the modification.
5. OBLIGATIONS OF THE SERVICE PROVIDER
   1. In connection with providing the Service described in these Terms and Conditions, the Service Provider is obliged to:
      1. comply with the provisions of these Terms and Conditions;
      2. provide the Service with due diligence.
   2. In case of an unplanned lack of access to the Service or a failure preventing its performance, the Service Provider shall with due diligence undertake actions aimed at restoring the System's functionality. However, the Service Provider is not responsible for the Client’s inability to use the Service or any damages caused by the lack of access to the System, telecommunication link failures, except in cases where such events result from the intentional fault of the Service Provider.
   3. The Service Provider reserves the right to block the email address of a Client who has violated the provisions of these Terms and Conditions or the law.
   4. The Service Provider does not guarantee uninterrupted provision of the Service. In particular, the Service Provider is not responsible for interruptions caused by technical reasons, maintenance related to the System, or reasons attributable to the Client or third parties.
6. OBLIGATIONS OF THE CLIENT
   1. When using the Service, the Client is obliged to:
      1. comply with all provisions of the Terms and Conditions;
      2. comply with all laws, good manners, and commonly accepted rules of using the Internet;
      3. correctly specify Client data, in particular those required during the reservation;
      4. immediately inform the Service Provider about any security breaches or problems related to the functioning or use of the Service;
      5. not conduct any activities that threaten the security of the System or IT systems of third parties;
      6. not use the System directly or indirectly to conduct any illegal activities, contrary to good manners or Internet usage principles, or violating the rights of third parties.
7. LIABILITY
   1. The Service Provider is not liable for interruptions in providing the Service resulting from failures or accidental malfunctions of teleinformatics systems beyond the Service Provider’s control.
   2. The Service Provider is not responsible for the inability to use the Service resulting from errors made by the Client when making, modifying, or canceling reservations.
   3. The Client bears sole and full risk-based liability for all consequences and damages incurred by the Client, the Service Provider, or others related to or arising from the following events:
      1. breach of any provision of the Terms and Conditions by the Client;
      2. improper use of the System by the Client, in particular using the System in a manner contrary to its intended purpose or the instructions presented in these Terms and Conditions;
      3. failure to secure the Client's IT systems.
   4. The Service Provider does not monitor, verify, or take responsibility for damages caused to the Client or third parties as a result of or in connection with the Client's use of the Service, in particular the Service Provider is not liable for damages caused by or connected with:
      1. destruction, damage, interruptions in the operation of the Service or any software used by the Client;
      2. introduction of any malicious software (e.g., viruses) or data into the Client's IT system, including those related to damage to hardware or software of the Client.
   5. The Service Provider shall not be liable for damages caused to the Client related to defects (faults) of the System, lack of operation, or improper operation, failures, including lack of possibility to use or erroneous functioning of the Service caused by lack of operation or improper operation (e.g., defect, failure) of the System or any of its components.
   6. Neither Party shall be liable for damages caused by force majeure.
   7. The Service Provider's liability for damages in the form of lost profits of the Client is excluded.
   8. The exclusions or limitations of the Service Provider's liability provided in the Terms and Conditions do not apply in cases where, due to the content of mandatory provisions of law, exclusion or limitation of liability is not possible, in particular, they do not apply to damages caused to the Client intentionally.
8. COMPLAINTS
   1. Complaints related to the provision of the Service should be made in writing to the Service Provider's registered office or electronically to the Service Provider's email address.
   2. The complaint should contain the following Client data: name, surname, Client's address, email address provided during the reservation, and description of the problem encountered in connection with using the Service.
   3. Complaints will be processed on a first-come, first-served basis according to the conditions described above.
   4. The Service Provider will consider the complaint within 14 business days from the date of receipt. Immediately after considering the complaint, the Service Provider will provide the Client with a response to the complaint. The response will be sent in the same form in which the complaint was submitted to the email address provided in the complaint or the Client's correspondence address.
   5. If the information provided in the complaint requires supplementation, the Service Provider will contact the Client for completion within the time limit for complaint consideration. In such a case, the time limit referred to in point 8.4 above runs from the moment the Service Provider receives the supplemented complaint.
   6. The administrator of personal data provided in the complaint process is the Service Provider (i.e., Profitroom Sp. z o.o. with its seat in Poznań). In the event of a complaint, personal data is processed until the completion of the complaint procedure and any resulting proceedings, resolution of the Client's claim, and for evidential purposes. Detailed information regarding the processing of personal data by the Service Provider as the data controller is available on the website: rodo@profitroom.pl The Facility is not the administrator of data provided in complaints and is not responsible for their processing by the Service Provider.
9. PERSONAL DATA

The administrator of personal data of Clients provided during the reservation process is the owner of the Facility (i.e., L. I. Invest Company Spółka z ograniczoną odpowiedzialnością with its registered office in Syców). Personal data provided during the reservation process, in particular name, surname, phone number, credit card number, and email address, will be processed by the Facility for the purpose of providing the Service, clarifying circumstances of any misuse of the Service inconsistent with these Terms and Conditions or applicable laws, and handling any complaints under the terms specified below:

• the subject, scope, nature of processing, and types of personal data and categories of persons to whom such data relate, as well as all data required by generally applicable laws;
• subcontractors and employees of the Facility’s owner will be duly authorized to process personal data in connection with the provision of the Service,

1. Providing data is voluntary but necessary to provide the Service
2. The legal basis for the Facility owner processing the Client's personal data is the necessity to conclude and perform the agreement between the Facility owner and the Client, which is concluded by the Client's acceptance of these Terms and Conditions, as well as the legitimate interest pursued by the Facility owner (in particular, establishing, pursuing, or defending claims)
3. Recipients of the Client's personal data will be:

• third parties acting on behalf and on order of the Facility owner, in particular the Service Provider, entities supporting the general teleinformatics infrastructure of the Facility owner,
• independent administrators – service providers processing online payments and payments via credit and debit cards,
• public entities authorized under applicable law to receive personal data (e.g., the police).

1. The Service Provider is obliged to maintain the confidentiality of information obtained for the purpose of providing the Service and not to disclose it to anyone. The obligation remains in force indefinitely.
2. The Facility owner, as the data controller of the Clients' personal data, declares that it applies organizational and technical measures ensuring the security of processed personal data.
3. In connection with personal data processing, the Client has the right to:
4. request more detailed information about the use of his/her personal data,
5. request access to his/her personal data and receive a copy of the data provided to us,
6. receive the personal data provided in a structured, commonly used, machine-readable format and – if technically feasible – request the transfer of those data to another administrator without hindrance, where processing is based on consent or contract and is performed in an automated manner,
7. request correction of any inaccuracies in the data we hold,
8. request deletion of any data for which we no longer have legal grounds for processing,
9. object to the processing based on legitimate interest for reasons related to the Client’s particular situation, unless our grounds for processing override the interests, rights, and freedoms of the Client,
10. request restriction of data processing, for example, while a complaint is under consideration,
11. file a complaint with the supervisory authority – the President of the Personal Data Protection Office.

The above rights can be exercised by: (1) email contact at: hotel@aromastone.pl (2) written contact via traditional mail to the registered office address of the Facility owner.

9. We inform that personal data provided by the Client is not subject to any profiling or automated decision-making. The Client’s personal data is not transferred to third countries.
10. Personal data will be processed for 3 years. If necessary, data will be processed longer to meet legal obligations, resolve disputes, and enforce contractual provisions. In case of a complaint, personal data will be processed until the complaint procedure and any related proceedings are exhausted, the Client’s claim is resolved, and for evidential purposes.
11. If the Client gives additional voluntary consent by ticking the appropriate box at the time of reservation, the Facility owner may process the Client's personal data for marketing purposes and send commercial information to the provided email address. Consent to process data for marketing purposes and send commercial information may be withdrawn at any time by sending a message to the Facility’s email marketing@fabrykawelny.pl
12. The Facility owner is not responsible for the consequences of providing false or incorrect data by the Client if despite due diligence by the Facility owner, contact with the Client is not possible.

PROHIBITION OF UNLAWFUL ACTIONS

1. The Client may not use the Service provided by the Service Provider on behalf of the Facility owner for purposes contrary to laws, social coexistence principles, good manners, and generally accepted rules of conduct.
2. The Client may use the Service only in a manner consistent with its purpose and functionality specified in the Terms and Conditions.

FINAL PROVISIONS

1. The Terms and Conditions come into force upon publication on the Facility's website and in the reservation system and are binding for reservations made after 16.11.2023.
2. The Service Provider is entitled to amend the Terms and Conditions at any time and at its own discretion. In particular, the Service Provider may amend the Terms and Conditions in case of:
   1. the need to adapt the Terms and Conditions to mandatory provisions or changes in laws affecting the content of the Terms and Conditions;
   2. the need to adapt the Terms and Conditions to recommendations, interpretations, rulings, decisions of public authorities or court rulings affecting the content of the Terms and Conditions;
   3. expansion or change of the System's functionality;
   4. introduction of new Services, change in scope or nature of Services;
   5. change of technical conditions for providing Services;
   6. change of the Service Provider’s scope of activity.
3. Within the limits set by mandatory law provisions, invalidity of any provision of the Terms and Conditions shall not affect the validity of the remaining provisions.
4. Any disputes arising from the implementation of these Terms and Conditions shall be resolved by the common court competent for the Service Provider. This provision does not apply to agreements concluded with Clients who are consumers. To remove any doubts, the Service Provider informs that for consumers in disputes mentioned in this paragraph, the competent court is that provided for by relevant consumer protection regulations.
5. The governing law is Polish law. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Act of April 23, 1964, Civil Code (Journal of Laws 2017.459 dated March 2, 2017, as amended) and the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2017.1907 dated October 12, 2017, as amended).