Regulations and privacy policy

1. Preliminary provisions. Definitions.

• The Website called "MIKOŁAJKI RESORT HOTEL & SPA", located at the electronic address http://mikolajki-resort.pl/, run and made available by MIKOŁAJKI RESORT- SPÓŁDZIELNIA WŁAŚCICIELI with its registered office in Jora Wielka, address: Jora Wielka 54 C, 11-730 Mikołajki, registered in the National Court Register - the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, the 12th Commercial Department of the National Court Register, NCR number: 0000521814, NIP [Tax Identification Number]: 742-224-93-98, as the Administrator.
• As part of the Website, the Administrator provides the following free of charge service to Users by electronic means: access for Users to verbal, artistic, photographic and audiovisual content prepared by the Administrator and displayed (played) on websites that are part of the Website, as well as access via websites constituting part of the Website and using of IT mechanisms prepared by the Administrator.
• The terms listed below, used in the Regulations, have the following meanings:
  • "Administrator" - MIKOŁAJKI RESORT- SPÓŁDZIELNIA OWSŁAŚCIELI with its registered office in Jora Wielka, address: Jora Wielka 54 C, 11-730 Mikołajki, registered in the National Court Register - the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, the 12th Commercial Department of the National Court Register, NCR number: 0000521814, NIP [Tax Identification Number]: 742-224-93-98,
  • "Regulations" - this agreement form, called: "REGULATIONS AND PRIVACY POLICY OF THE INTERNET SERVICE >>MIKOŁAJKI RESORT HOTEL & SPA
  • "User" - an entity using the service referred to in § 1 (2).

2. Rules for using the Website.

• The Administrator provides the service specified in § 1 (2) for the Users, under the conditions specified in the Regulations. Other services, as long as they are provided by the Administrator as part of the Website, may require the acceptance of separate regulations and are provided on the terms specified in these separate regulations, subject to § 5 (2).
• An agreement for the provision of the service specified in § 1 (2), pursuant to the Regulations, is concluded when the User starts displaying the website constituting part of the Website by means of the ICT system (terminal device) used by the User. The agreement referred to in the preceding sentence is terminated when the User ceases to display all websites constituting part of the Website by means of the ICT system (end device) used by the User.
• Upon the conclusion of the agreement referred to in § 2 (2), the User obliges to comply with the provisions of the Regulations, subject to § 4 (6).
• The Administrator informs about the technical requirements necessary for cooperation with the ICT system (terminal device) used by the User: a device providing access to the Internet, and software compatible with this device displaying websites (web browser).
• The Users are not allowed to provide illegal content.
• Each User has the right to submit a complaint in matters related to the provision of the service referred to in § 1 (2). Complaints should be submitted by e-mail to the following address: rezerw@mikolajki-resort.pl, or by letter to the following address: Jora Wielka 54C, 11-730 Mikołajki.
• The Administrator will consider the complaint within 14 (say: fourteen) days. The Administrator will sent the User its response to the complaint to the e-mail address or postal address provided by the User in the complaint.

3. Personal data.

• If the service specified in § 1 (2) is used, the User may provide his/her personal data. Providing personal data by the User is voluntary, but it may be necessary to use some IT mechanisms referred to in § 1 (2).
• The Administrator will process the User's personal data only for the purpose of performing the service specified in § 1 (2) and only to the extent necessary for its implementation. The User's personal data will be processed for a purpose other than that indicated in the preceding sentence only after obtaining a separate consent of the User and only to the extent covered by this consent.
• The data administrator, within the meaning of article 7 (4) of the Act of August 29, 1997 on the protection of personal data (the Journal of Laws 1997 no. 133, item 883, as amended) is: MIKOŁAJKI RESORT-SPÓŁDZIELNIA WŁAŚCICIELI with its registered office in Warsaw, address: Jora Wielka 54C, 11-730 Mikołajki.
• Each User has the right to access his/her personal data and correct them, as well as the right to request to remove them. For this purpose, the User may contact the Administrator at the following e-mail address: nazwa@mikolajki-resort.pl, or by post to the following address: Jora Wielka 54C, 11-730 Mikołajki.

4. Privacy policy.

• The Administrator informs that in connection with using the service specified in § 1 (2), in the ICT system (end device) of the User, information is saved and stored by the Website, which is sent (made available) back to the Website. The information referred to in the preceding sentence constitute the so-called "Cookie" - small sets of IT data, allowing the Website to record and read the course of activities and the last status of activities: browsing by the User of websites on the Website, configuration of displaying websites on the Website, using the IT mechanisms specified in § 1 (2), including the authentication mechanism (login). Such recording and reading are intended to enable the display of the Website's pages and the functioning of the Website's IT mechanisms in a manner adapted to the needs and preferences of the User, as well as maintaining the User's session on the Website after authentication (logging in).
• Recording and storing in the ICT system (end device) of the User and providing the Website with the information referred to in § 4 (1) may be necessary for the proper functioning of some IT mechanisms on the Website.
• The information referred to in § 4 (1) does not contain the User's personal data and does not allow the identification of the User.
• The Administrator informs that the User is able to define the conditions for storing or accessing the information indicated in § 4 (1) by means of the functions and settings of the software (web browser) installed in the ICT system used by him (end device), for example: enabling and disabling the use of "cookie", deleting "cookie", blocking "cookie". The User should read the documentation attached to this software (web browser) in terms of the detailed functions of the software (web browser) used by him/her.
• Using the service specified in § 1 (2) means the User's consent to the recording and storage in the User's ICT system (end device) and providing the Website with the information referred to in § 4 (1), which is confirmed by the message displayed on the Website, visible to the User, along with the following links (hyperlinks):
  • a link (hyperlink) marked as "I accept", for the purposes of confirming the User's declaration of will to consent to the recording and storage in the User's ICT system (end device) and providing the Website with the information referred to in § 4 (1),
  • a link (hyperlink) referring to the Regulations.
• The User may withdraw the consent referred to in § 4 (5), at any time, free of charge, by using the function or changing the settings of the software (web browser) used by him/her in accordance with the information contained in § 4 (4), for example: the "cookie" blocking function.

5. Final provisions.

• The generally applicable provisions of Polish law apply to the matters not covered by the Regulations.
• The provisions of the Regulations apply to the matters not covered by the separate regulations, referred to in § 2 (1).
• The Regulations apply from the moment of their publication on the website located at the electronic address http://mikolajki-resort.pl/regulamin-i-polityka-prywatnosci, which is part of the Website. The Regulations may be changed by the Administrator.
• The Regulations in the wording with the implemented change apply from the moment of their publication on the website located at http://mikolajki-resort.pl/regulamin-i-polityka-prywatnosci, which is part of the Website.

CANCELLATION CONDITIONS Cancellation of booking - in the event of cancellation, changes to booking or not-show, the facility will charge the Guest with a 30% fee for the entire booked stay. If the stay is shortened, the facility will charge the Guest with a fee of 50% of the value for each night of the booked stay. Prepayment - the facility will charge the Guest with a prepayment of 30% of the total amount for the booked stay.

REGULATIONS FOR BOOKING ACCOMMODATION SERVICES BY ELECTRONIC MEANS (hereinafter referred to as: the “REGULATIONS”)

1. INTRODUCTORY PROVISIONS

• These Regulations define the type, scope, conditions and rules for making, cancelling, changing and settling bookings as part of the service provided electronically by the Service Provider (understood as defined in point 2 of the Regulations) for the Customer (understood in accordance with the definition included in point 2 of the Regulations).
• The Regulations mean the one specified in article 8 (1) (1) of the Act of July 18, 2002, on the provision of electronic services (the Official Gazette 2017.1219 of June 24, 2017, as amended).
• The Service Provider (understood in accordance with the definition included in point 2 of the Regulations) declares that it is entitled to mediate, pursuant to a separate agency agreement, in concluding agreements related to the booking of rooms between the Facility and the Customer.
• The content of the Regulations is made available free of charge.
• The Regulations are available as part of the booking system, on the website of the individual Facility (understood in accordance with the definition included in point 2 of the Regulations).
• The Regulations are made available in a form allowing to store and display them in the normal course of activities (in the format of an HTML document). At the request of the Customer, the Service Provider will send the Customer a copy of the Regulations in PDF format to the Customer's e-mail address provided by him/her.

2. DEFINITIONS

• The following terms used in the Regulations have the meaning established in accordance with the following definitions 
• Facility - an entity for which the Service Provider acts (on the basis of a separate agreement) as an agent providing Services electronically, including the Service described below.
• Customer - means any natural person who is 18 years of age and has full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, and which meets the requirements described in the Regulations and uses the Service, in particular, makes or cancels booking in the System;
• Regulations - these Regulations, prepared and used by the Service Provider;
• Agreement - an agreement for the provision of a room booking service, concluded electronically, the subject of which is the provision of the Service specified in these Regulations;
• Service - the service of booking rooms in the Facility, provided electronically by the Service Provider to the Customer, consisting in making, changing or cancelling booking of a selected room/rooms in the Facility and enabling payment for booking. A detailed description of the Service is included in point 3 of these Regulations;
• Service Provider - means Profitroom Sp. z o.o. with its registered office in Poznań, ul. Roosevelta 9/3, 60-829 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, the 8th Commercial Department of the National Court Register), under the NCR number 0000303746; NIP (tax identification number): 525-24-23-458; REGON [National Register of Economic Units]: 141374990;
• Service provided electronically - performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received using electronic processing devices, including digital compression, and data storage, which is fully broadcasted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2007 - Telecommunications Law (the Official Gazette 2017.1907 of October 12, 2017, as amended);
• Teleinformation System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2007 - Telecommunications Law (Official Gazette 2017.1907 of October 12, 2017, as amended);
• System - Profitroom Booking Engine, owned and operated by the Service Provider, enabling the Customer to make, change or cancel booking of a selected room/rooms in the Facility and make payments for booking; type of the Teleinformation System;
• 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 e-mail or text messages (SMS).

3. TYPE AND SCOPE OF THE SERVICE

• Under the terms of these Regulations, the Service Provider provides an electronic service of making, changing or cancelling booking of a selected room/rooms in the Facility and the service of making payments for booking. The Service Provider does not conclude hotel service agreements 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 cancelling booking of a selected room/rooms in the Facility. The agreements are concluded on the terms specified separately by the Facility.
• The condition for the provision of the Service is:
  • getting acquainted with the Regulations and accepting its provisions by checking the appropriate boxes as part of the booking form in the Service Provider's System;
  • submitting, by checking the appropriate boxes as part of the booking form in the Service Provider's System, a declaration of:
    • the true data provided to the Service Provider;
    • consent to the processing by the Service Provider of personal data provided to the Service Provider in order to provide the Service;;
    • acknowledging the voluntary provision of data and the rights under the Personal Data Protection Act (the Official Gazette 2016.922 of June 28, 2016, as amended);
    • on the selection of payment for booking and the possible selection of a VAT invoice, if required by the price conditions of the Facility.
• Provision of the Service is possible only after completing 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. of the Regulations.
• It is required to be connected to the Internet and to have an active and correctly configured e-mail account to use the services specified in these Regulations.
• Using the Service is voluntary.
• The use of the Service is free of charge. However, the Customer can incur costs towards the Internet provider, for which the Service Provider is not responsible.

4. BOOKING AND CANCELLATION

• To use the Service, it is necessary to have a unique e-mail address and to complete the booking form made available within the Service Provider's System.
• Booking by the Customer includes the following steps:
  • selection of hotel services provided by the Facility, based on the data and information provided in the System, in particular the availability and price of booking a room; the prices given in the System are gross prices and include only the services indicated as its components;
  • entering the required data and information by the Customer via the booking form - in particular, name and surname, unique e-mail address and telephone number - as part of the System available on the website of the Facility;
  • confirmation by the Customer of reading and accepting the Regulations and submitting the required statements. The Customer's failure to confirm that he/she has read and accepted the content of the Regulations and failure to submit the required statements will prevent the continuation of the booking procedure;
  • making payment if required by the price conditions of the Facility, on selected terms;
  • after entering the booking data and confirming the acceptance of the Regulations, the Customer will automatically receive a message to the Customer's e-mail address provided during the booking process, including the code and confirmation of the booking, as well as the terms of payment and the rules for changing or cancelling it. The booking agreement is considered concluded with the moment of sending the confirmation.
• The Service Provider reserves the right to refuse to make booking, if there are no free rooms in the Facility. In this case, the Customer will automatically receive a message to the Customer's e-mail address provided in the course of the booking process that the booking cannot be made.
• Booking cancellation by the Customer includes the following steps:
  • selecting the "Modify" option in the message sent to the Customer including the booking confirmation referred to in point 4.2. (e) of the Regulations;
  • selecting the option described above will launch the booking management system in the web browser. In the booking management system, select the "Cancel" option, and then describe the reason for the cancellation;
  • having cancelled the booking, the Customer will automatically receive a message to the Customer's e-mail address provided during the booking, containing a confirmation of the booking cancellation; in the event of a free of charge cancellation and payment for the booking in advance, the amount paid will be returned to the Customer to the account from which the payment was made under booking.
• Booking changes made by the Customer includes the following steps:
  • selecting the "Modify" option in the message sent to the Customer including the booking confirmation referred to in point 4.2. (e) of the Regulations;
  • selecting the option described above will launch the booking management system in the web browser. In the booking management system, select the "Modify" option, and then describe the reason for the modification;
  • having sent a modification request, the Facility will contact the guest to inform him/her about the modification status.

5. SERVICE PROVIDER OBLIGATIONS

• In connection with the provision of the Service described in these Regulations, the Service Provider is obliged to:
  • comply with the provisions of these Regulations,
  • provide the Service with due diligence.
• In the event of an unplanned lack of access to the Service or as a result of a failure that prevents its implementation, the Service Provider will be obliged to take due diligence to restore the functionality of the System. However, the Service Provider is not responsible for the Customer's inability to use the Service and any damage to the Customer caused by the lack of access to the System, failure of telecommunications links, except in cases where such an event was caused by the Service Provider's intentional fault.
• The Service Provider reserves the right to block the e-mail address of the Customer who violated the provisions of these Regulations or the law.
• The Service Provider does not guarantee uninterrupted provision of the Service. In particular, the Service Provider is not responsible for an interrupted provision of the Service caused by technical, maintenance reasons for the System and attributable to the Customer or a third party.

6. CUSTOMER OBLIGATIONS

• comply with all provisions of the Regulations;
• comply with all legal provisions, good manners and generally applicable rules of using the Internet;
• correctly define the Customer's data, in particular those required during the booking;
• immediately inform the Service Provider about any possible security violations and problems related to the functioning or use of the Service;
• not to perform any activities threatening the security of the System or third party computer systems;
• not to use the System directly or indirectly to perform any activities that are contrary to the law, decency, rules of using the Internet, or violate the rights of third parties.

7. RESPONSIBILITY

• The Service Provider is not responsible for interruptions in the provision of the Service resulting from failures or cases of faulty functioning of the IT systems beyond the operation of the Service Provider.
• The Service Provider is not responsible for the inability to use the Service resulting from errors in making, changing or cancelling booking by the Customer.
• The Customer is solely and fully responsible on the basis of risk for any consequences and damages arising on the part of the Customer, Service Provider or another person, related to or resulting from the following events:
  • violation by the Customer of any provision of the Regulations;
  • improper use by the Customer of the System, in particular using the System in a manner inconsistent with its intended use or instructions provided in the Regulations; sprzeczny z jego przeznaczeniem lub instrukcjami przedstawionymi w ramach Regulaminu;
  • failure to secure the Customer's IT systems.
• The Service Provider does not control, verify or is not responsible 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 responsible for damage caused or related to:
  • destruction, damage, interruptions in the operation of the Service or any software used by the Customer;
  • introduction of any malicious software (e.g. viruses) or data to the Customer's IT system, including those related to the destruction or damage to the Customer's hardware or software.
• The Service Provider is not responsible for any damage caused to the Customer in connection with System defects (faults), failure to operate or malfunction, failures, including the inability to use or malfunction of the Service caused by the lack of operation or malfunction (e.g. a defect, failure) of the System or any element of it.
• Neither Party is responsible for damages caused by force majeure.
• Responsibility of the Service Provider for damage in the form of lost customer benefits is excluded.
• The exclusions or limitations of responsibility of the Service Provider provided for in the Regulations do not apply if, due to the content of mandatory provisions of law, it is not possible to exclude or limit responsibility, in particular they do not apply to damages caused to the Customer intentionally.

8. COMPLAINTS

• Complaints related to the provision of the Service should be submitted by mail to the address of the registered office of the Service Provider or electronically to the e-mail address of the Service Provider.
• The complaint should contain the following data of the Customer: name, surname, address of the Customer, e-mail address provided when booking and a description of the problem that arose in connection with using the Service.
• Complaints will be considered on the basis of priority notification to the Service Provider, under the conditions described above.
• The Service Provider will consider the complaint within 14 working days from the date of its receipt. Immediately after considering the complaint, the Service Provider will provide the Customer with a reply regarding the complaint. The reply will be sent in the same form as the complaint was submitted to the e-mail address provided by him/her in the complaint or to the correspondence address of the Customer.
• If the information provided in the complaint needs to be supplemented, the Service Provider, before considering the complaint, will ask the Customer to supplement it within the specified deadline for considering the complaint. In this case, the deadline referred to in point 8.4 above runs from the moment the Service Provider receives the completed complaint.

9. PERSONAL DETAILS

• The Administrator of Customers' personal data is: MIKOŁAJKI RESORT-SPÓŁDZIELNIA OWNER, Jora Wielka 54C, 11-730 MIKOŁAJKI RESORT-SPÓŁDZIELNIA OWNER, who can be contacted by e-mail: rezerw@mikolajki-resort.pl.
• Providing data is voluntary, but necessary for the provision of the Service.
• The data subject has the right to:
  • access to the content of his/her data, correct or withdraw them at any time (withdrawal of consent does not affect the lawfulness of the processing which was provided on its basis before its withdrawal);
  • request to delete data (the right to be forgotten);
  • restrict the data processing,
  • transfer the data (if technically possible);
  • object to using automated decision-making (including profiling);
  • submit a complaint to the President of the Personal Data Protection Office.
• The personal data provided by the Customer will be processed so as to:
  • provide services by the Administrator pursuant to Article 6 (1) (b) of the GDPR;
  • marketing, including sending commercial information to the e-mail address, if the customer has expressed its consent to it, by checking the appropriate box in the booking process. The 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 sending such a notification to the Administrator's e-mail address;
  • implement the legitimate interest of the Administrator of personal data in special cases pursuant to Article 6 (1) (f) of the GDPR, e.g. debt collection or video traffic monitoring on the premises of the Facility.
• The legal basis for the processing of personal data involves agreements concluded between the Customer and the Facility as well as the relevant provisions of national and EU law under which personal data are processed.
• The Customer's personal data will be stored for a maximum period of time resulting from the provisions of the Tax Code, the provisions of the Accounting Act and other generally applicable regulations.
• The Customer's personal data will not be processed outside the EEA.
• The Administrator may make decisions automatically, including profiling, for marketing purposes and to adjust the offer.
• The Administrator entrusts the processing of personal data of the Service Provider. Recipients of personal data may also involve bodies, institutions and entities authorized under the law, as well as entities providing services to the Data Administrator (e.g. legal, IT, marketing, accounting services and other entities involved in the provision of the Service).
• The Service Provider and the Administrator declare that they apply organizational and technical measures ensuring the security of personal data being processed.
• 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 is not be possible to contact the Customer.

10. PROHIBITION OF ILLEGAL ACTIVITIES

• The Customer may not use the Service provided by the Service Provider for purposes contrary to the law, principles of social coexistence, morality and generally accepted rules of conduct.
• The Customer may use the Service only in a manner consistent with its intended use and functionality specified in the Regulations.

11. FINAL PROVISIONS

• The Regulations enter into force upon publication on the website of the Facility and apply to bookings made after March 22, 2018.
• The Service Provider is entitled to change the provisions of the Regulations at any time and depending on its own decision. In particular, the Service Provider may change the provisions of these Regulations in the event of:
  • the need to adapt the Regulations to mandatory provisions or to changes in legal provisions affecting the content of the Regulations;
  • the need to adapt the Regulations to a recommendation, interpretation, ruling, provision or decision of a public authority or a court ruling affecting the content of the Regulations;
  • expansion or changes to the functionality of the System;
  • introducing new Services, changing the scope or nature of the Services;
  • changes in the technical conditions for the provision of Services;
  • changes in the scope of activities of the Service Provider.
• The invalidity of any provision of the Regulations will not affect the validity of the remaining provisions of the Regulations within the limits set by the mandatory provisions of law.
• Any disputes arising from the implementation of the provisions of these Regulations will be considered by a common court competent for the Service Provider. The provision covered by the preceding sentence does not apply to contracts concluded with the Users and the Customers who are consumers. If case of any doubts, the Service Provider informs that if there are consumers in disputes referred to in this paragraph, the competent court is the court provided for in the relevant provisions on the protection of consumer rights.
• The applicable law is Polish law. The relevant provisions of Polish law will apply for the matters not covered by the Regulations, in particular the provisions of the Act of April 23, 1964, the Civil Code (the Official Gazette 2017.459 of March 2, 2017, as amended) and the Act of July 18 2002 on the provision of electronic services (the Official Gazette 2017.1907 of October 12, 2017, as amended), as well as the Act of August 29, 1997 on the protection of personal data (the Official Gazette 2016.922 of June 28, 2016, as amended).