Regulations of the SmartHotel System

Definitions

Chatbot Premium

personalized chatbot, inside Messenger, on the Facebook platform, for which the prepared Technical Funpage is used, with the proviso that this option may be additionally payable in accordance with the conditions indicated on the first page of theAgreement

Technical Fanpage 

page created for the Facility by SmartHotel on Facebook, presenting the Object’s business card only to connect the Premium Chatbot

Object

managed by the Partner hotel / apartment in which the SmartHotel System will be implemented and for which an account will be created on the basis of the Agreement

Administrator’s Panel

element of the SmartHotel System under which a person authorized under Agreements can be managed by Chatbot Premium and Guest submissions; access to the Admin Panel is also possible by smarthotel Admin App

Partner

ManagingEntity object containing the Agreement with smarthotel

smarthotel system

created by smarthotel communication system Partner by his staff to guest systems with the use of current at the date of the offer by Partner smarthotel such as, among others, SmartHotel Premium Chatbot, SmartHotel Multi Chat System, SmartHotel Livechat, SmartHotel WhatsApp Chat, SmartHotel Bulk SMS to own Guests, SmartHotel Task Manager and Administrative Panel

Privacy Policy a

document regulating the security of privacy protection and processing of personal data of Guests; The Privacy Policy is an integral part of the Regulations and is available at: mySmartHotel.com/legal/pp

Technical break

related to the need to carry out maintenance or modernization works, break in the availability of the SmartHotel System, preventing or hindering the use of the Services, about which the Partner will be informed in advance, not less than 12 hours, along with information about its scheduled duration unless the technical break is the result of urgent circumstances – then it will be introduced without prior notice, one with its estimated duration.

Regulations –

these SmartHotel regulations, constituting an appendix to the Agreement. In the event of a conflict between the provisions of the Agreement and the provisions of the Regulations, the provisions of the Agreement shall prevail. The Regulations constitute an appendix to the Agreement.

SmartHotel Admin App

a mobile application, available for iOS or Android devices, by means of which persons designated by the Partner within the Facility communicate with Guests and manage applications sent byGuests

SmartHotel/Service Provider

SmartHotel, a limited liability company based in Krakow, address : ul. Pawia 9, 31-154 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000812741, NIP 5252807928, REGON 384929793, with a share capital of PLN 10,000

Agreement

cooperation agreement concluded between the Partner and SmartHotel

Services

services provided by SmartHotel electronically via the SmartHotel System, such as access to the Administrator’s Panel and the Chatbot Premium service, implemented on the Facility’s technical Fanpage, as well as the mySmartHotel.com website.

Introduction

  1. Regulations define the general conditions for using the SmartHotel System and other services provided electronically by SmartHotel, including the rules for accessing specific materials and content for the Object.
  2. The Regulations are made available as part of the SmartHotel System free of charge to the Partner upon conclusion of the Agreement (it constitutes an Annex to it), and also – on request – in such a way that it is possible to obtain, reproduce and record the content of the Regulations in the normal course of activities using the ICT system used by Partner. In the event of discrepancies between the content of the Agreement and the Regulations, the content of the Agreement shall prevail.

General terms and conditios of services

  1. PROVIDINGIn order to implement the SmartHotel Admin App and the Administrator’s Panel (available at mySmarthotel.com) and ChatBot Premium in the Facility, the following minimum technical requirements must be met: (a) an installed and updated web browser (CHROME browser recommended), (b) optional – a mobile device that allows you to use the Facebook Messenger application, WhatsApp (equipped with the Android or iOS version of the operating system) and the SmartHotel Admin App.
  2. SmartHotel shall not be liable for improper provision of Services if the technical requirements indicated in point 1 above have not been properly implemented in order to use the Services by the Partner or Guests of the Facility. SmartHotel is not responsible for any disruptions in the operation of ICT links, servers, interfaces, browsers.
  3. It is forbidden to provide unlawful content (including, in particular, to enter as answers in conversations with Chatbot Premium expressions that are discriminatory, offensive, offensive to religious feelings, containing inappropriate, obscene content and contrary to the law or decency) or using LiveChat in the SmartHotel application Admin App in a manner inconsistent with applicable law, morality and principles of social coexistence. SmartHotel is not responsible for the content of messages provided by guests and staff of the Facility and for the conversations between them.
  4. SmartHotel does not publish offers in electronic form as part of the SmartHotel System.
  5. The Partner is not entitled to change or modify the SmartHotel System in any way, except for the settings allowed under the Agreement.
  6. The Affiliate may not, directly or indirectly: attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms related to the Services, or any software, documentation or data related to the Services; modify, translate or create works or derivative works based on the Services or the SmartHotel System; use the Services or the SmartHotel System for the benefit of a third party or in a manner inconsistent with the Agreement; as well as remove or modify any information on intellectual property rights or SmartHotel marks placed within the SmartHotel System.
  7. SmartHotel declares that it is the sole owner and entity authorized to use the SmartHotel System, including the necessary rights to grant a license under the conditions specified in the Agreement.
  8. SmartHotel trademarks used in the SmartHotel System are protected, inter alia, by on the basis of the Act of June 30, 2000 Industrial Property Law (Journal of Laws 2001 No. 49 item 508).

Services available for the partners

  1. Services are made available by, among others: (1) creating an account and preparing it for use; (2) setting up a registration / registration card, welcome messages, smart automation; (3) creating accounts for all users; (4) presentation of how to receive guests; (4) checking the correctness of imported bookings and rooms; (5) setting up quick replies and a technical fan page – on the terms specified in the Agreement.
  2. Through the appropriate functionalities of the SmartHotel System, the Partner may enter the data of the Guests of the Facility in order to enable them to use Chatbot Premium.
  3. Guests can access Chatbot Premium by sending them by the Partner SMS, e-mail or as part of the WhatsApp application with the appropriate link, after clicking which the Guest is transferred to the Facebook Messenger application / WhatsApp application, directly to the conversation with Chatbot Premium created for of a given object. The sending of messages takes place through the Administrator Panel.
  4. The Services are provided in particular:
      1. by enabling the Guest to have a conversation with the Chatbot Premium, operated by the Facility staff via the LiveChat functionality, available as part of the SmartHotel Admin App, through which the Facility staff communicates with a given Guest using programmed conversation paths (ChatBot Premium flow)
      2. by allowing designated by Partner personnel access object Admin Panel and smarthotel Admin app available under the smarthotel system in which can receive and manage notifications, publications of individual guest and conduct conversations with them by means of LiveChat’u.
  5. As part of Chatbot Premium, the Guest has the option of using Services such as:
      1. viewing the offer of additional activities offered by the Facility,
      2. creating requests for the Facility’s staff, including in particular ordering room service, cleaning or other services available as part of the Facility’s offer,
      3. obtaining information tourism, in the FAQ formula.
  6. In the event of violation of the provisions of the Regulations, in particular the provision of illegal content for the FAQ functionality, contrary to point 2 par. 4 of the Regulations, inconsistent with the law or decency, SmartHotel may suspend the operation of Chatbot Premium until the content is adjusted or other actions / omissions are made to the provisions of the Regulations.
  7. The Affiliate is solely responsible for his use of the Services and what happens through his account. The Partner may allow the Facility staff to use the SmartHotel System to perform the Agreement. The Partner will make every effort to ensure that the personnel using the SmartHotel System do not use it in a manner inconsistent with the Agreement.
  8. The Partner is solely responsible for the confidentiality and security of his account and transmitted data. The Partner is obliged to immediately inform SmartHotel about unlawful use or attempted use of his account by third parties. 

Payments

  1. Payments are made by the Partner in the amounts and dates specified in the Agreement.
  2. Payments will be made on the basis of VAT invoices issued by SmartHotel by the last day of each month, bearing a 7-day payment date to the SmartHotel bank account number indicated on the invoice. The parties allow the possibility of paying also via a payment card or the “quick transfer” option available at the Partner’s bank. The date of payment will be the date of crediting SmartHotel’s bank account to the Parties.
  3. The Partner agrees for SmartHotel to issue electronic invoices without the recipient’s signature and to send them, inter alia, through the appropriate functionalities of the SmartHotel System.

Disclaimer of services. Termination of the contract.

  1. If the Partner fails to pay any of the fees specified in the Agreement for at least one month or other permanent breach of the Agreement, SmartHotel is entitled to temporarily suspend or even block the SmartHotel System until the Partner settles the full payment or removes the effects of the breach of the Agreement. The SmartHotel System will be resumed within 7 working days after crediting the SmartHotel bank account with the amount of arrears. In the event of non-payment for 2 months or more, SmartHotel is entitled to terminate the Agreement with immediate effect. In order to be effective, the termination requires at least a documentary form.
  2. In the event of a breach by the Partner of the terms of the Agreement or the Regulations, SmartHotel is entitled to temporarily suspend or even block the SmartHotel System until it is necessary to verify information about violations made by the Partner – and if the verification turns out to be positive – to further suspend or block the SmartHotel System until remove violations, and even terminate the Agreement with immediate effect. In order to be effective, the termination requires at least a documentary form.
  3. The period of suspension or blockades referred to above does not release the Partner from the obligation to pay the fees provided for in the Agreement.
  4. In the event of termination of the Agreement, the Partner is not entitled to claim any reimbursement of any fees paid to SmartHotel and waives any claims in this regard.
  5. With the deletion of the account, SmartHotel deletes all data entered by the Partner as part of the functioning of the SmartHotel System, including the history of the conversation.

Handling and complaints

  1. INQUIRIESSmartHotel undertakes to update the SmartHotel System in order to ensure its efficient operation and to remove any defects for which it is responsible. In the event of problems with the operation of the SmartHotel System, the Partner should contact the Service Provider via the appropriate functionality of the SmartHotel System or in the form of an email sent to the address [email protected]
  2. . commands, incorrect flow of paths within Chatbot Premium, occurrence of an error message in the Administrator Panel), the Partner should describe the error as accurately and precisely as possible, so that SmartHotel can immediately proceed to remove it. The service provider is not responsible, inter alia for errors resulting from the operation of Facebook and other applications from external suppliers used for the correct operation of the SmartHotel System.
  3. If the Guest submits a complaint regarding the services provided by the Facility directly to SmartHotel, the Partner is obliged to take over the complaint not later than 36 hours from its being handed over to him by SmartHotel.

Personal data

The matters relating to the processing of personal data by SmartHotel are regulated in the Privacy Policy available at https://mysmarthotel.com/legal/pp. 

 

Liability

  1. SmartHotel shall not be liable for damages to the Partner / Facility resulting from reasons attributable to the Partner / Facility or the Guest.
  2. SmartHotel is only responsible for providing the SmartHotel System. All services, in particular hotel services, ordered via Chatbot Premium, are provided to Guests by the Partner within the Facility, and the Service Provider is not responsible for this as the provider of the SmartHotel System.
  3. SmartHotel is not responsible for any lack of access to the SmartHotel System if it results from the actions of external providers of solutions used by SmartHotel and external websites, including in particular: Chatfuel, Facebook Messenger, Twillo, CloudFlare.
  4. SmartHotel makes every effort to ensure the proper functioning of the SmartHotel System and undertakes to ensure the continuity of its operation, subject to technical breaks, force majeure or actions of third parties. Force majeure is understood as: a sudden, unpredictable event, independent of the will of the Parties, caused by an external cause, which, with due diligence, the Parties are not able to prevent, preventing the functioning of the SmartHotel System in whole or in part, such as: an extraordinary storm, storm, downpour , snowfall, flood, drought, fire, earthquake, martial law, state of emergency, embargo, all hostilities, acts of sabotage, strikes, exclusion of the possibility of movement when necessary, acts of public authority excluding or significantly restricting the possibility of purchasing goods or services necessary for the performance of the Agreement, external interference in the IT system as a result of a breach of security.
  5. SmartHotel is not responsible for the reliability, correctness and completeness of data or information included in the SmartHotel System that do not come directly from SmartHotel.
  6. SmartHotel is not responsible for any disruptions in the operation of ICT links, servers, interfaces, browsers.
  7. SmartHotel’s liability for damage suffered by the Partner as a result of using the SmartHotel System is limited to the amount of 1-month fees due to SmartHotel under the Agreement, unless the damage is the result of an intentional act or omission of SmartHotel. SmartHotel is not responsible for the lost benefits of the Partner.

Change of the regulations

  1. SmartHotel may change the Regulations, in particular for important reasons (change of generally applicable law regarding the SmartHotel activity or forms of SmartHotel activity) or technical reasons (e.g. modernization of the SmartHotel System).
  2. The Partner will be informed about the amendment to the Regulations in an e-mail sent 14 days before the entry into force of the Regulations in the new wording. If the Partner in the above-mentioned does not object to the entry into force of the changes, it is considered that he has accepted the Regulations in the amended version without reservations. If the Partner has raised objections, the provisions of the previous version of the Regulations will apply until the end of the Agreement, unless it is not possible for objective reasons.

Final provisions

  1. Regulations are governed by Polish law, which is applicable to them.
  2. In the event of a conflict between the provisions of the Agreement and the provisions of the Regulations, the provisions of the Agreement shall prevail.
  3. Any disputes arising from compliance with or non-compliance with the Regulations or in connection with the Regulations, the Parties will try to resolve amicably through negotiation. Disputes not resolved through actions taken for the purpose of amicable settlement of the dispute will be submitted to the District Court for the Capital City of Warsaw in Warsaw or the District Court in Warsaw – depending on the value of the dispute.
  4. In the event that any provision of the Regulations turns out to be invalid, it remains in force as to the remainder, and the invalid provisions will be replaced with those that best reflect their legal and economic sense.

Date of entry into force of the Regulations: 01/07/2021