PROVIDER

StayPoland is a limited-liability company based in Poland at Nowy Swiat 29/3, 00-029 Warsaw. StayPoland is certified as a Travel Agency (Polish travel agency registration number 730, permit issued by Mazovian provincial governor) and holds its obligatory travel agency insurance with AXA a.s.; Hereinafter referred to as Provider.

CUSTOMER

Customer is an individual or legal entity that uses the Service; Hereinafter referred to as Customer.

§1. THE SUBJECT OF THE AGREEMENT

1. The subject of the agreement is the service that is performed through reserving hotel accommodation by the Provider for the Customer.

2. The Service of reserving hotel accommodation is done through electronic reservation system.

3. Reservations are done ONLINE (direct reservations that are immediately confirmed by the Provider) or in ON REQUEST form (reservations based on checking the availability of rooms in hotels by the Provider).

§2. ENTERING A CONTRACT

1. The following contract is made while buying a service by the Customer via www.staypoland.com or via a telephone conversation with our consultant.

2. By buying from www.staypoland.com or via a telephone conversation with our consultant, the Customer agrees to the terms and conditions set forth in this agreement.

3. The Customer accepts the following Conditions also on behalf of ALL guests for whom they are purchasing the service from the Provider.

4. The Provider is obliged to perform the Service of reserving hotel accommodation with due care.

§3. RESERVATION – SERVICE PURCHASE

1. The service is purchased at the moment after the Customer has met all reservation requirements (defined in §7) and the Provider has issued a confirmation document and sent it to the Customer by e-mail, fax or post.

2. The Customer is obliged to make sure that the confirmation document has been successfully sent, and in the case of it not being sent, the Customer is obliged to notify the Provider on that fact.

3. The Provider does not guarantee successful confirmation document sending and cannot be held responsible for any consequences of the lack of the document in question while being accommodated in the hotel.

4. In both cases the Customer is obliged to fill in the reservation form that will bear reference number in a correct way or to provide our consultant with necessary data. The Provider will not be held responsible for the consequences of incorrect reservation form filling by the Customer.

§4. PRICES

1. Hotel rates are presented per room (or in specified cases per apartment) and per night including VAT (value-added tax) and breakfasts.

2. All cases when the Hotel does not provide breakfasts, or when a different boarding type is possible, are marked separately in the confirmation document.

3. The Customer accepts that prices, restrictions and availability of products and services available at the website or obtained during telephone conversation with our consultant may change without prior notice.

4. The rate valid at the time the Customer secures the reservation and further confirmed in the reservation document is the price the Customer will pay for the reservation.

5. The Provider guarantees that the prices at StayPoland.com or obtained during telephone conversation with our consultant are free of booking fees and are never higher than the basic rates available at the Hotel at the moment of booking.

6. All additional services not mentioned in the confirmation document or local health resort fees must be paid by the Customer on the spot at the Hotel.

§5. PAYMENT METHODS

1. The System is universal in presenting and enabling both PREPAYMENT for the Service or PAYMENT AT HOTEL.

2. PAYMENT AT HOTEL is possible after the individual hotel reservation and deposit conditions are met as given in § 7. The Customer pays the contracted price directly at the Hotel in full. The payment can be made by a credit card or in cash. The basis currency for payment is the Polish Zloty (PLN). Payments in foreign currencies are made according to the daily exchange rate as presented at the Hotel reception.

3. PREPAYMENT is either facilitated by online credit card payment (via the leading Polish credit card operator eCard) or, in special cases, via bank transfer (as described in § 6). The Customer's credit card will be charged only when the Provider confirms the reservation. The required amount (billing price) is authorised automatically after the Customer submits the booking order for a hotel. The billing price is given invariably in PLN (Polish zlotys). The foreign conversion rates used in the Service are the Polish National Bank's daily mid exchange rates.

4. Reservations are not confirmed by the Provider if there are insufficient funds on the Customer's credit card account or if the Customer's bank does not give permission for the transaction.

§6. BANK TRANSFER (Click here to show details - not applicable for most customers)(Click here to hide this paragraph)

1. Bank transfers for individual reservations are allowed as a payment type only if payments are made in the full amount as indicated on the confirmation document.

2. The Customer is obliged to fax (to the number (+48) 22 351 22 10) the official bank confirmation to the Provider as soon as the bank transfer is made.

3. For Polish bank transfers the minimum bank transfer date is at least 5 days before the arrival date and they must be confirmed according to Point 2 five days prior to arrival at the hotel at the latest for the reservation to be valid.

4. For International bank transfers, they must be made at least 15 days prior to the arrival date and confirmed according to Point 2 fifteen days prior to the arrival date at the latest for the reservation to be valid.

5. If the due reservation amount via international bank transfer is not confirmed in consistence with Point 2 fifteen days prior to arrival, the Provider has the right to cancel the reservation made by the Customer and refund the money it received without all estimated bank transfer costs and the 20 EUR cancellation fee.

6. The Customer is required to cover all bank transfer costs. In the case when the Customer does not cover all transfer costs, the Provider will not confirm the reservation.

7. For International bank transfers the Provider charges the Customer additionally 8 EUR manipulation fee which has to be added to the amount transferred for the reservation.

8. Polish bank transfers can be made exclusively to the Provider's bank account in PLN.

9. International bank transfers should be made according to the type of currency specified on the confirmation document: if in EUR - to Provider’s EUR account, if in PLN – to Provider’s PLN account.

§7. DEPOSITS AND GUARANTEES

1. All reservations properly guaranteed by the Customer are valid for late arrivals that is after 18:00.

2. Deposit and guarantee conditions are published at the website in the part concerning the Hotel and are visible during the process of reservation and confirmed in the confirmation document sent to the Customer.

3. In the case of PREPAYMENT to the Provider, the Customer pays the agreed price in total. There is no extra deposit.

4. In the case of PAYMENT AT HOTEL, the Customer has to provide a satisfactory reservation guarantee. Unless stated or permitted otherwise, a satisfactory reservation guarantee means submission of the Customer’s credit details via the Service.

5. The credit card used for securing the reservation must be valid until the service has terminated.

6. The Hotel has the right to carry out a pre-authorisation check of the credit card details given by the Customer in order to verify that the card is valid and the funds are sufficient. The Provider will notify the Customer in written form or via the telephone if pre-authorisation is not possible. The reservation is cancelled if no other guarantee is supplied within 24 hours of the notification on the impossibility of performing the reservation made by the Provider. No payment for the Service is deducted from the Customer's credit card before the arrival.

§8. VAT INVOICES (Click here to show details - not applicable for most customers)(Click here to hide this paragraph)

1. In the case of PREPAYMENT, the Provider upon prior notice from the Customer is obliged to issue VAT invoice for the Service.

2. The Provider is obliged to issue the VAT invoice within 7 days of receiving the total payment for the Service.

3. According to Article 119.1 of the Polish Law on Value Added Tax, the Provider as a tourism operator must make VAT invoices. It is not possible to refund VAT from invoices for hotel reservations in Poland.

§9. CONFIRMATION DOCUMENTS

1. After every reservation made by the Provider on behalf of the Customer, the Provider issues a formal confirmation document and sends it to the Customer via e-mail, fax or post (according to §4).

2. There are two types of confirmation documents depending on how the reservation is paid for:

   1. If the Customer has made a PREPAYMENT to the Provider, the Provider sends to the Customer the Hotel Voucher which is a document confirming the paid reservation.

   2. If the Customer makes PAYMENT AT HOTEL, the Provider sends to the Customer a Confirmation Letter which is a document confirming the reservation.

3. Confirmation documents are sent when the Provider is able to confirm the availability of the offered Hotel rooms, and the required deposit and guarantee conditions are met by the Customer.

4. The confirmation documents are either sent automatically (ONLINE SERVICE) or with the assistance of StayPoland's staff (ON REQUEST SERVICE) within 24 hours.

5. The Customer is obliged to print their confirmation document and have it while checking-in at the Hotel.

§10. RESERVATION CHANGES

1. The first change to any confirmed reservation is made for free.

2. In the case of two or more changes made for one confirmed reservation, the Provider may demand from the Customer a change fee of 30 PLN (approx. 7 EUR) per each change.

3. Unless it is a last minute change on the arrival day, all reservation amendments have to be made by the Provider in writing. The Provider does not guarantee amendments not requested by the Customer in writing.

4. Some reservations are not subject to any amendments or cancellations, and they are not refundable. The Hotel cancellation policies are published on the individual hotel pages on StayPoland.com concerning the given Hotel, and are posted on every confirmation document.

5. In case of any changes made to a PREPAID reservation which result in an overpayment, the Provider will refund the amount which equals the difference in price minus a manipulation fee of 6% of the refunded amount.

§11. CANCELLATION POLICIES

1. All reservations made through the System are subject to cancellation policies.

2. Cancellation policies vary depending on hotels and offer types.

3. The Hotel cancellation policies are published on the individual hotel pages on StayPoland.com, and they are also posted on every confirmation document.

4. In the case of PAYMENT AT HOTEL the cancellation fees are charged by the Hotel from the Client's credit card.

5. In case of PREPAYMENT the full cost of the accommodation minus the previously confirmed cancellation fee will be refunded to the credit card specified by the Customer.

6. The manipulation fee for PREPAYMENT is 6% of the whole reservation value, but no less than 50 PLN. This amount is not refundable even if the Customer cancels the reservation during the no-fee cancellation period.

7. In case of not arriving at the hotel, the Provider refunds all money received minus the hotel cancellation fee and the manipulation fee of 6% of the whole reservation amount but no less than 50 PLN (approximately 12 EUR).

8. The Provider bears no responsibility for minor discrepancies between paid and refunded amounts, when these discrepancies are caused by exchange rate fluctuations.

§12. VISA APPLICATIONS (Click here to show details - not applicable for most customers)(Click here to hide this paragraph)

1. In case of reservations requested from Customers from countries that do not meet the requirements of no-visa exchange with Poland, the Provider reserves the right to introduce Special Security Measures for payment and cancellation requirements, which are as follows:

   1. Full prepayment exclusively by bank transfer. The total amount has to be received by the Provider at least 21 days before the arrival date.

   2. The Customer has to send by fax a photocopy of their passport page with their personal details and passport photo and a signed copy of these Terms and Conditions.

   3. The confirmation of reservation the Provider sends to Polish consulate only upon the Customer's request after the payment has been made to the Provider's account of the whole amount for the Service with non-returnable handling fee of 20 EUR for a single reservation for every person.

2. The Provider reserves the right to inform the Immigration Police of the Republic of Poland and to decline a request without stating a reason.

3. The Provider does not bear responsibility for any consequences of the Customer’s not receiving a visa.

§13. HOTEL INFORMATION PUBLISHED IN THE SYSTEM

1. Although the Provider takes all possible care to ensure that the Hotel information and the Hotel descriptions are up-to-date and precise, the Provider accepts no liability for any omissions and errors in the Hotel descriptions.

2. The Hotel descriptions are subject to alteration, and the descriptions may change without prior notice.

3. Hotels listed in the Service are awarded a rating of between 1 and 5 stars. (1 star – budget, 5 star - deluxe).

4. The star rating may be only a subjective indication of the Hotel standard. The Hotel rating in the Service takes into account the official Polish hotel categorisation system. If a property is not officially categorised, the Provider makes the rating of 1-5 stars.

§14. HOTEL REVIEWS MADE BY THE CUSTOMERS (Click here to show details - not applicable for most customers)(Click here to hide this paragraph)

1. The Customer who reviewed a Hotel as a Customer Hotel Review feedback, passes all copyright rights for the written review or photos made onto the Provider.

2. The Provider has an exclusive right to present, verify and exclude opinions of Customers who stayed at It is strictly forbidden to submit feedback which is immoral, defamatory, slanderous, deliberately biased, extremist or infected by computer viruses.

3. The Customer guarantees that a review made in writing or a visual image do not in any way constitute a violation of copyright laws or third-party interests. Otherwise, the Customer shall free the Provider of liabilities for third party in the case of them making claims to the Provider for violation of the copyright laws.

4. In case of breach of the copyright laws, the Provider reserves the right to claim appropriate compensation from the Customer.

§15. SECURITY OF PERSONAL IDENTIFIABLE INFORMATION (PII)

1. The Provider guarantees the security of the Customer’s personal information sent to the Provider.

2. The Provider uses the Customer's PII only for the purpose of responding to and fulfilling the requests for StayPoland.com travel products and services. It is shared solely with authorised hotel executives and only used in order to complete a transaction that the Customer specifically requests.

3. The Provider uses certified, 100% Secure Socket Layer (SSL) 128-bit encryption which effectively restricts access to private information from a third party and ensures that your Personal Identifiable Information is securely and quickly authorised.

§16. RESERVATION LIABILITY

1. The Provider accepts responsibility for mistakes and omissions caused by its employees and officers.

2. The Provider does not accept liability for any damage caused by the unavailability of rooms, if the Hotel oversold its inventory.

3. In rare cases if Hotel refuses to accommodate the Customer with prior reservation the following policies apply:

   1. Reservations in PREPAYMENT mode - the Provider will offer alternative accommodation of the same or higher standard and cover the costs of transportation to the alternative hotel.

   2. Reservation in PAYMENT AT HOTEL mode - the Hotel will offer alternative accommodation of the same or higher standard and cover the costs of transportation to the alternative hotel.

4. In the case of a Hotel denying to accept the accommodation of the Customer prior to his arrival the Customer has the right to refuse the alternative accommodation offered by the Provider within 24 hours from the moment the offer is made.

5. If the Customer prepaid the accommodation and does not agree on the alternative accommodation, the Provider is obliged to make a full refund of all money paid by the Customer.

§17. LIMITATION OF LIABILITY

1. Although the Provider strives to ensure that all data in the System are correct, the Provider does not guarantee the accuracy, availability, timeliness, completeness, performance or fitness for a particular purpose of any part of this site, or guarantee that this site is free from viruses and Trojan horses.

2. The Provider makes no warranty that the service will meet the Customer's requirements.

3. The Provider accepts no liability for the standard of services and availability of the amenities described on the Web Site. The Provider is only a booking system, it does not own the hotels and as such it has no impact on any temporary inconveniences the Customer may experience in the Hotel and all possible losses caused by Hotel personnel.

4. The Provider makes no warranty about performance or non-performance of the Service or any Service connected with the Provider’s site.

5. The Provider's liability shall not exceed the price of the services or products purchased by the Customer from the Provider.

§18. ACTIONS TAKEN BY THE CUSTOMER

1. The Customer agrees to indemnify, defend and hold harmless the Provider, its officers, directors, employees, agents, resellers, licensors, suppliers and any third party information providers to the Service from and against all injuries, accidents, consequential losses, expenses, damages and costs, including reasonable and necessary attorneys' fees, resulting from any violation of these Terms and Conditions by the Customer or any user accessing the Service.

§19. FORCE MAJEURE

1. The Provider cannot be held liable for damages and changes to reservations caused beyond the control of the Provider (including and without limitation: acts of God, floods, tempests, fires, weather conditions, accidents, war or threat of war, martial law, sabotage, insurrection, civil disturbance or requisition, sickness, quarantine, or other outward occurrences).

§20. COMPLAINTS

1. All complaints regarding the Hotel have to be reported to the Hotel management during the stay.

2. All complaints regarding the Service must be lodged in writing within 48 hours of the time the Customer first experienced their causes or within 48 hours from checking out of the Hotel.

3. If complaints are brought to the attention of the Provider later than within the above-mentioned deadlines, it may decrease the ability of the Provider to effectively rectify the problem.

4. The Provider is obliged to research the complaint and provide a response within 14 days.

§21. GOVERNING LAW

1. This agreement has been laid out according to the Polish law. The Customer consents and submits to the exclusive jurisdiction of the courts located in Warsaw, Poland, in all questions and controversies arising out of the Customer's use of the site and this Agreement.

§22. CHANGES TO GENERAL SERVICE CONDITIONS

1. The Provider reserves the right to make changes to the General Service Conditions.

2. If a provision of these Terms and Conditions becomes invalid, it will not influence the validity of the General Service Conditions as a whole.

3. These conditions were given publicly and are valid from December 20, 2002 onwards. The latest amendments were made on September 28, 2006.