Terms & conditions for online booking

1. GENERAL PROVISIONS

1.1. These Terms and Conditions define the rights and obligations of the Facility and the Customer in the process of booking services at the Facility.

1.2. The following terms used in these Terms and Conditions shall have the meanings set out below:

1.2.1. Customer:

a) a natural person with full legal capacity who makes a booking as a consumer,

b) a natural person conducting sole proprietorship activity who makes a booking in connection with such activity, i.e. not acting as a consumer,

c) a legal person or an organisational unit without legal personality which has legal capacity under applicable law, i.e. not acting as a consumer.

1.2.2. Facility – Hotel Warszawianka, Jachranka 77, 05-140 Serock, managed by SINFAM Sp. z o.o., Jachranka 77, 05-140 Serock, Poland, Tax Identification Number (NIP): 5361579231, e-mail: rezerwacja@warszawianka.pl, telephone: +48 22 768 90 00.

1.2.3. Online Payments – online payment methods made available to the Customer by the Facility as part of the booking process.

1.2.4. Terms and Conditions – these Terms and Conditions.

1.2.5. Booking Engine Provider – an entity providing the Facility with technical services enabling the booking infrastructure, including the booking engine, to operate.

1.3. These Terms and Conditions apply to bookings made by the Customer or on behalf of and at the request of the Customer through the booking engine available on the official website of the Facility or through other systems and tools integrated with it, including in particular mobile applications, loyalty programmes, CRM systems, Channel Manager, AI Agent or other solutions enabling bookings to be made as part of the Facility's booking infrastructure.

1.4. In case of doubt as to the Customer's status, in particular where the Customer provides a Tax Identification Number (NIP) for a business entity in order to receive a VAT invoice issued to a company, it shall be presumed that the Customer is making the booking in connection with business activity and is therefore not acting as a consumer. In such a case, the provisions applicable to entrepreneurs shall apply to the agreement.

2. TECHNICAL REQUIREMENTS

2.1. In order to make a booking, an Internet connection and an e-mail account are required. A booking confirmation e-mail will be sent to this address upon completion of the booking process, or an e-mail informing the Customer that the booking process has been interrupted if the process has not been completed.

2.2. The Customer is solely responsible for the proper operation of their Internet connection and for the correctness and availability of the e-mail account provided. Failure to receive a booking confirmation, cancellation message or other communication from the Facility due to reasons attributable to the Customer, such as an incorrect e-mail address, insufficient mailbox capacity or SPAM filters, shall not be the responsibility of the Facility or the Booking Engine Provider.

2.3. The Facility shall not be responsible for interruptions in the availability of the booking system or difficulties in its operation resulting from circumstances beyond the Facility's control, in particular technical or maintenance-related reasons, failures of telecommunications service providers or force majeure.

2.4. The Facility shall not be liable for interruptions in the availability of the booking system or difficulties in its operation resulting from circumstances beyond the Facility's control, in particular technical or maintenance-related reasons, failures of telecommunications service providers or force majeure.

3. BOOKING

3.1. A condition for making a booking is the completion of the booking form, including the selection of the stay dates and offer, providing the number and details of guests, reading and accepting these Terms and Conditions, and making the required payment.

3.2. Photographs and video materials presented as part of the offer are for illustrative purposes only and may not reflect the room or service ultimately allocated. Any differences result from the individual characteristics of particular rooms or changes in equipment standards and shall not constitute grounds for a complaint or claim against the Facility. This does not apply where the Customer has booked an offer containing explicitly specified characteristics of the room or service, e.g. a room with a balcony, lake view or an offer including breakfast.

3.3. Notes entered in the booking form are not binding upon the Facility, do not constitute part of the Agreement and the Facility does not guarantee that they will be fulfilled. Failure to fulfil the Customer's requests shall not constitute grounds for a complaint or a claim for a price reduction unless the Facility has expressly confirmed their fulfilment by e-mail before the booking was made or in the booking confirmation.

The Facility reserves the right to contact the Customer in order to discuss such requests and inform the Customer of any additional charges if fulfilling the requests involves additional costs. The request shall only be carried out after acceptance by both the Facility and the Customer.

3.4. Additional services selected during the booking process from the options offered by the Facility shall be provided in accordance with the terms of the relevant offer. In the case of personalised additional services, prior contact with the Facility is required. The Facility may make the provision of an additional service conditional upon advance payment.

3.5. A booking shall be deemed completed when the Customer receives an e-mail from the Facility confirming the booking. If the Customer does not receive such an e-mail, they are requested to check their SPAM folder or contact the Facility.

3.6. The Facility reserves the right to refuse a booking or cancel a booking after it has been confirmed in the following cases:

a) there are no available rooms at the Facility, provided that the Customer is promptly informed of the overbooking and the Facility is unable to provide alternative accommodation of a comparable or higher standard. Such alternative accommodation shall not result in any additional cost for the Customer, and the Customer may refuse the proposed alternative and receive a full refund of the amount paid,

b) the Customer provides false, incomplete or questionable information during the booking process,

c) the same Customer makes multiple bookings for the same dates without a genuine intention to use the Facility's services, or in other cases giving reasonable grounds to suspect abuse or erroneous bookings,

d) payment authorisation cannot be obtained or the required payment has not been made,

e) an obvious pricing error occurs,

f) force majeure occurs, in which case the Facility may offer the Customer a stay on another date,

g) other objective circumstances arise which make it impossible to fulfil the booking.

3.7. In the cases referred to in clause 3.6, the Customer shall receive a message informing them that the booking cannot be completed or has been cancelled, together with information concerning the refund of payments made, in accordance with the terms of the relevant offer.

3.8. An obvious pricing error means a situation in which the price displayed in the booking system is significantly lower than the actual value of the service and such discrepancy would be apparent to an average Customer making a booking. In particular, a pricing error includes:

a) prices resulting from a technical or system error,

b) prices which do not correspond to the scope of the service, e.g. a daily room rate corresponding to the value of an additional service,

c) prices resulting from an obvious human error, e.g. missing digits, transposed digits or an incorrectly placed decimal point,

d) prices which obviously differ from the standard value of the service and cannot be explained by the terms of the offer.

3.9. A booking made on the basis of an obvious pricing error shall not be binding and may be refused or cancelled in accordance with clause 3.6.

3.10. Changes to a booking by the Customer, where permitted under the terms of the booked offer, shall involve the following steps:

a) the Customer shall receive a message containing a link enabling the booking to be modified. Clicking the link will open the booking management system in the Customer's web browser. Depending on the terms of the booked offer, the Customer may be able to cancel and/or modify the booking,

b) after a modification request is submitted, depending on the configuration of the offer, it will either be accepted automatically or forwarded to the Facility for confirmation. Until the Facility has contacted the Customer and confirmed the modification, the modification shall not be deemed completed. Changing the dates or terms of the offer may be subject to a fee or may result in the loss of part of the amount paid, in accordance with the cancellation terms specified in the offer,

c) if the requested modification cannot be carried out and the Customer decides to cancel the booking, the Facility reserves the right to retain the amount paid in accordance with the terms of the offer.

3.11. The Customer may cancel or withdraw from a booking only to the extent and under the conditions specified in the selected offer. If the offer permits cancellation, the right shall apply to every Customer in accordance with the terms of that offer, including any applicable charges. In the case of offers that do not provide for cancellation, e.g. non-refundable offers, the booking shall be binding and cannot be cancelled.

Notwithstanding any contractual right of cancellation arising from the terms of the offer, a Customer who is a consumer does not have the statutory right of withdrawal from a distance contract referred to in Article 38(12) of the Polish Act of 30 May 2014 on Consumer Rights.

3.12. Where a booking is made by a person acting on behalf of and for an entrepreneur or on behalf of a third party, the entrepreneur or third party shall be the party entitled under the agreement, and the person making the booking declares that they have the appropriate authorisation to make such booking.

3.13. The agreement for the provision of hotel services (booking) shall be concluded for a fixed period corresponding to the stay indicated by the Customer and confirmed in the booking and in the e-mail confirming the booking, i.e. the check-in and check-out dates.

3.14. For assistance or answers to any questions during the booking process, the Customer should contact the Facility directly.

4. PRICES

4.1. Making a booking entails an obligation to pay.

4.2. Prices related to a booking are provided before, during and after the booking process as gross amounts.

4.3. The booking price includes only the services expressly specified in the booking and may not include fees collected directly at the Facility, in particular local or spa fees and taxes resulting from local regulations, which are payable by the Customer at the place of stay.

The Facility undertakes to provide an estimated or maximum amount of such fees during the booking process if the obligation to charge them and their amount are known to the Facility at the time of booking.

4.4. Prices of accommodation and additional services displayed in the booking system are dynamic and may change depending on availability, occupancy, seasonality or the Facility's pricing policy until the booking is completed.

4.5. Prices apply at the time they are displayed to the Customer in the booking system as part of the offer and become binding upon confirmation in the booking confirmation sent to the Customer.

4.6. The final booking price may differ from the original offer price as a result of individual offer terms, discounts, promotional codes or other benefits granted to the Customer, including in particular those related to newsletter subscriptions, participation in loyalty programmes or promotional campaigns.

A discount or benefit may apply only to selected offers in accordance with the conditions specified by the Facility, may be time-limited or restricted to selected offers and dates, and shall not constitute an element of the standard price offer or a claim of the Customer against the Facility.

4.7. The Facility reserves the right to impose restrictions on combining different types of discounts and on combining preferential offer conditions.

4.8. Prices displayed in the booking system may differ from prices offered by the Facility through other sales channels, including at reception, by telephone, by e-mail or through booking portals. Such differences result from different offer conditions, payment terms, length of stay, seasonality, room availability or promotions applied and shall not constitute grounds for a complaint or claim against the Facility.

4.9. The price indicated in the booking confirmation applies only to services expressly specified in the offer, in particular the stay in the specified room and any additional services selected and confirmed during the booking process. The price does not include services or benefits not included in the booking, in particular services ordered or provided by the Customer after arrival at the Facility, which shall be charged separately in accordance with the Facility's current price list.

4.10. The duration of a promotion does not constitute a guarantee that the base price will remain unchanged. The base price may change during the promotional period, and the discount shall apply to the current base price applicable at the time the booking is made.

4.11. Where promotions are used, the Facility shall provide information required by law, including information on the lowest price applicable during the 30 days preceding the price reduction, to the extent required by applicable regulations.

5. PAYMENTS

5.1. The Customer may pay for the booking using Online Payments. In case of doubt, the recipient of the payment for the booking shall always be deemed to be the Facility, even if the payment is made through a payment operator or technical partner acting as a technical recipient of funds. The technical partner and payment operator perform only transaction-processing activities on behalf of and for the Facility.

5.2. By making a booking, the Customer agrees to the charging of their payment card or the collection of funds using another selected payment method in accordance with the booking conditions.

5.3. If the Customer submits a payment transaction complaint, so-called chargeback, the Facility shall be entitled to provide the payment operator or card issuer with evidence confirming the proper completion and terms of the booking, including acceptance of these Terms and Conditions, the booking confirmation and cancellation terms.

Submitting a chargeback does not release the Customer from the obligation to pay amounts due under the booking if the service was provided in accordance with its terms or if the booking was non-refundable or was cancelled after the permitted cancellation deadline.

5.4. The Facility reserves the right to pursue compensation claims in the event of an obviously unfounded or fraudulent chargeback submitted by the Customer.

5.5. To the extent that the Customer has consented to their payment card being charged for additional amounts, the Facility may charge such amounts after the stay has ended, in particular in connection with additional services or damage caused by the Customer or persons accompanying the Customer. The card may be charged if the damage has been documented and the Customer has been informed at the e-mail address provided in the booking.

6. VOUCHERS

6.1. The Facility may offer vouchers entitling the holder to use specified services or stay at the Facility in accordance with the conditions indicated at the time of purchase. A voucher may be issued in the name of a specific person or to the bearer and may only be used during its validity period. The validity period is indicated on the voucher or in the purchase confirmation. After the expiry of the validity period, the voucher becomes invalid and is not subject to exchange or refund.

6.2. The Facility may also offer vouchers with a specified monetary value. A monetary voucher may be used as a form of payment towards the price of a booking or other services available at the Facility, up to the voucher's value. If the value of the voucher does not cover the full booking price, the Customer shall pay the outstanding amount. If the value of the voucher exceeds the booking price, the difference shall not be refunded.

6.3. A voucher may only be redeemed after a booking has been made in advance and availability has been confirmed by the Facility. A voucher cannot be exchanged for cash or other benefits and cannot be used to purchase another voucher.

6.4. If the value of services provided using a voucher is lower than its nominal value, the difference shall not be refunded. If the value of services exceeds the value of the voucher, the Customer shall pay the difference. Where a booking has been paid for using vouchers, the possibility of cancelling the booking may be limited or excluded.

6.5. In the event of loss or destruction of a voucher, the Facility may, at its discretion, issue a duplicate only after verifying the purchaser's identity and confirming that the original voucher has not been used.

7. STAY AT THE FACILITY

7.1. The conditions of stay at the Facility are specified in separate Facility Terms and Conditions. The Customer undertakes to comply with the rules applicable at the Facility, including the Facility's Terms and Conditions, settle all amounts due on time, and comply with all requirements and restrictions arising from applicable law or recommendations of authorities and services.

7.2. The Customer is required to check in in accordance with applicable law and present a valid photo identification document in order to confirm the details provided in the booking. The Facility may refuse check-in if the identity of the Customer or accompanying persons cannot be verified. The obligation to present an identification document applies to all persons staying under the relevant booking.

7.3. Departure before the booked check-out date shall not affect the price and shall result in a charge in accordance with the terms of the offer, unless otherwise provided by the offer conditions.

7.4. Unless otherwise provided by the terms of the offer, failure of the Customer to arrive at the Facility, no-show, shall be treated as a cancellation made after the permitted deadline and shall result in a charge in accordance with the conditions of the selected offer for the entire booking period.

7.5. Extending the stay without the Facility's prior consent is not permitted and may require a new booking. Returning the room after the end of the hotel day may result in an additional charge in accordance with the rules applicable at the Facility.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Customer is required to use truthful information to which they are legally entitled. Providing false information may result in cancellation of the booking without a refund.

8.2. The Customer undertakes not to take any actions contrary to law or generally accepted principles of good conduct.

8.3. The Facility undertakes to provide the services in accordance with the confirmed booking.

8.4. The Facility reserves the right to block the e-mail address of a Customer who has violated these Terms and Conditions or applicable law.

8.5. If the Customer wishes to receive an invoice issued to a company, the Customer must provide complete and correct invoicing details, including the Tax Identification Number (NIP), when making the booking and before making payment.

8.6. Failure to provide the Tax Identification Number (NIP) or other information necessary to issue a company invoice at the booking stage may result in the inability to issue an invoice to the company after payment has been made or to change the purchaser's details on the invoice. In such a case, the invoice may only be issued to the natural person who made the booking.

8.7. Any request for a duplicate invoice should be submitted directly to the Facility. A duplicate may only be issued upon confirmation of payment and verification that the details correspond to those on the original document.

9. LIABILITY

9.1. The Customer is responsible for selecting the booking and ensuring that it meets their individual needs.

9.2. The Customer shall be responsible for their actions and omissions, including providing incorrect information or failing to comply with these Terms and Conditions.

9.3. Neither the Facility nor the Booking Engine Provider shall be responsible for interruption of the booking process, so-called abandoned cart, by the Customer.

9.4. Neither the Facility nor the Booking Engine Provider shall be liable for:

a) incorrect information entered by the Customer,

b) lack of Internet access or limitations in its availability,

c) limitations or malfunctioning of software or devices belonging to the Customer which are used to make the booking,

d) damage suffered or loss of profits by the Customer caused by acts or omissions of third parties over whom the Facility had no control,

e) damage suffered or loss of profits by the Customer caused by force majeure,

f) payments made through Online Payments resulting from circumstances beyond the Facility's control.

9.5. The exclusions or limitations of liability provided for in these Terms and Conditions shall not apply where, under mandatory provisions of applicable law, liability cannot be excluded or limited, in particular in the case of damage caused intentionally.

10. COMPLAINTS

10.1. The Customer has the right to submit a complaint concerning the performance of the booking or stay at the Facility, in particular in the event of non-performance or improper performance of the agreement by the Facility. A complaint should be submitted immediately after the irregularity has been identified, but no later than 30 days from the end of the stay at the Facility or, in the case of a booking that was not fulfilled, within 30 days from the date on which the stay was scheduled to begin.

10.2. The Facility shall consider the complaint within 14 days of its receipt. Complaints should be submitted by post or electronically to the Facility's address indicated in clause 1 of these Terms and Conditions.

10.3. The complaint should contain the Customer's details: first name, surname, address, e-mail address provided during the booking process and a description of the problem.

10.4. Submission of a complaint does not suspend the obligation to pay amounts due under the booking.

10.5. The response to a complaint shall be provided on a durable medium.

10.6. In the event of a dispute, the Parties shall first attempt to resolve the dispute amicably, in particular following completion of the complaint procedure.

10.7. In the event of a dispute between the Customer and the Facility concerning the performance of the agreement for the provision of hotel services, a Customer who is a consumer may use out-of-court consumer dispute resolution procedures, in particular the assistance of the territorially competent Voivodeship Inspectorate of Trade Inspection, conducting proceedings concerning alternative dispute resolution (ADR).

Information concerning access to out-of-court consumer dispute resolution procedures is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

10.8. The Facility is not obliged or required to participate in out-of-court consumer dispute resolution unless it agrees to do so in a particular case.

10.9. The Facility reserves the right to reject a complaint if the alleged deficiencies in the services result from circumstances attributable to the Customer or persons for whom the Customer is responsible.

11. PERSONAL DATA AND PRIVACY

11.1. The rules governing the processing of personal data are specified in the Privacy Policy available on the Facility's website.

12. FINAL PROVISIONS

12.1. The Facility has the right to amend these Terms and Conditions at any time. The amended Terms and Conditions shall become effective upon their publication in the booking system, provided that a Customer who has already made a booking shall be bound by the version of the Terms and Conditions applicable on the date on which the Customer accepted them.

12.2. These Terms and Conditions have been prepared in Polish and translated into other languages for information purposes. In the event of any doubts or discrepancies in interpretation, the Polish-language version shall always prevail and shall be the binding version, as it applies to the location of the Facility and the applicable law, i.e. Polish law.

12.3. Matters not regulated by these Terms and Conditions shall be governed by Polish law. Agreements concluded on the basis of these Terms and Conditions shall be governed by Polish law as the law applicable to the place where accommodation services are provided.

12.4. If any provision of these Terms and Conditions is amended or declared invalid by a final court judgment, the remaining provisions shall remain in force.

12.5. If no settlement is reached, disputes arising from agreements concluded on the basis of these Terms and Conditions shall be resolved by Polish courts, without prejudice to clause 10.7 above. Any disputes between the Facility and a Customer who is not a consumer shall be resolved by the court having territorial jurisdiction over the registered office of the Facility.

12.6. These Booking Terms and Conditions shall apply to the extent that they do not conflict with the Facility's Terms and Conditions.