Rgulations for end users of the SmartHotel system

I. Informacje ogólne o regulaminie systemu SmartHotel

  1. The Regulations, together with other documents mentioned therein, specify the conditions for using the SmartHotel System in all Plans, the rules for providing services electronically, the conditions for concluding and terminating agreements for providing services electronically, the rules for using all services covered by the SmartHotel System, as well as the rights and obligations of the End User, liability and the rules for filing complaints through the SmartHotel System.
  2. The Services covered by the Regulations are provided by SmartHotel Sp. z o.o. with its headquarters in Kraków (Poland), at Pawia 9 Street (postal code: 31-154) Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XI Economic Department of the National Court Register under KRS No. 0000812741, NIP 525807928, REGON 384929793, share capital of PLN 10,000.
  3. Before using the Services, the End User is obliged to read the Regulations and accept their contents. When using the Services, the End User is obligated to comply with the Regulations.
  4. The Regulations apply to all services within the SmartHotel System, however, individual Partners may impose additional obligations on the End User not mentioned in these Regulations.

II. Definitions

SmartHotel systemA system created by SmartHotel for the Partner to communicate with the End User using the Plans (SmartGuest, SmartChat and SmartHotel) current as of the date of the offer to the Partner.
Cyfrowy Informator Obiektu A website with a dedicated url, containing data about the Facility completed by the Partner within the CMS (including logos, text information, photos, videos, pdf files with price lists, menus, etc., links-links to hotel/property and other entities’ websites).
Partner Entity managing the Facility entering into an Agreement with SmartHotel, using the SmartHotel System to communicate with End Users.
ObiektAn entity managed by the Partner, which may be a hotel, apartment or other type of business, in which the SmartHotel System will be implemented in accordance with the Agreement and for which the corresponding accesses to the SmartHotel System will be created.
UżytkownikA user of the Digital Facility Guide (Guest of the Facility, customer of the Partner, Any individual using the Digital Facility Guide) who has gained access to the Digital Facility Guide by scanning a QR code using a Device (cell phone) or by opening a link using a web browser on a Device (e.g., cell phone) and may use the Services available in accordance with the Plan selected by the Partner, including but not limited to communication services.
Urządzeniea mobile terminal device that can be used to connect to the Internet via the Network meeting the technical conditions specified in the Terms of Use.
Aplikacjasoftware developed by SmartHotel, dedicated for Mobile Devices on Android OS and iOS platforms, facilitating the use of certain functionalities of the SmartHotel System by Partners.
Polityka PrywatnościThe document governing the security of privacy protection and processing of End Users’ personal data.

III. Use of the services of the SmartHotel system

  1. The End User can access the SmartHotel System free of charge via most modern mobile devices with Internet connection and equipped with popular operating systems such as Android or iOS. 
  2. The catalog of Services available to the End User depends on the Plan selected by the Partner for the Facility. The End User will be informed of the Plan available within the Facility by the Partner.
  3. The End User is responsible for obtaining the network access necessary to use the Services, and is also responsible for any rates and fees charged by the mobile network operator, including the use of mobile applications and/or websites. In addition, you are responsible for accessing compatible devices and operating systems necessary to use the SmartHotel System Services, including any software or hardware updates.
  4. In order to use the Services available on the SmartHotel System under the SmartChat and SmartHotel Plans, the End User may be asked to fill out a personal data form in order to properly use the system. The End User’s personal data is processed in accordance with the Privacy Policy, located at https://mysmarthotel.com/legal-pp-2/. 
  5. At the time of using the SmartHotel System, the End User must be at least 18 (eighteen) years of age, unless the terms and conditions of a specific Partner Service or Provided Service impose other age requirements.
  6. The End User is not obligated to use the SmartHotel System. If the End User decides to stop using the SmartHotel System, the End User is not required to notify SmartHotel. To stop using the Services, it is sufficient to close the website in the browser or uninstall the Application.
  7. The End User’s access to or ability to use the SmartHotel System Services may be temporarily restricted if there is a suspicion that the End User has violated generally applicable laws or the provisions of the Terms of Use. There may be circumstances in which SmartHotel will not be able to provide you with information about a complaint while an investigation (conducted by us and/or a third party such as the police) is ongoing.

IV. Obligations of the user

  1. When using the Services of the SmartHotel System, the End User must comply with all applicable laws and the provisions of the Regulations. The End User may only use the Services of the SmartHotel System in accordance with its purpose as specified in the Terms of Use. 
  2. The End User, in order to use certain Services, must provide accurate and complete information by completing the End User’s data through the SmartHotel System login widget provided by the Partner.
  3. The End User using the SmartHotel System:
    1. must not allow third parties to use the System as part of their data;
    2. must maintain accurate, complete and up-to-date information and data;
    3. must immediately inform SmartHotel if it suspects that someone else is impersonating it in connection with the Services.
  4. The End User is solely responsible for the use of the SmartHotel System by himself or any other person to whom he has provided the opportunity to use the SmartHotel System.
  5. The End User must not:
    1. use the SmartHotel System in a way that interferes with its operation, in particular by using certain software or devices;
    2. publish, while using the SmartHotel System, pornographic, pedophilic, offensive, violent, vulgar or defamatory comments, videos, images, realistic or other;
    3. publish, while using the SmartHotel System, comments or images intended to harass, threaten and/or embarrass others, speak negatively about others or make personal attacks or assaults based on race, nationality, ethnicity, religion, gender, sexual orientation, disability or any other difference;
    4. solicit, publish, promote or facilitate the distribution, transmission, sale or purchase of any illegal content or content in violation of applicable law;
    5. impersonate another person or communicate under a false name or room number for which the End User is not authorized for any purpose, including but not limited to committing a crime;
    6. send a computer virus or files, programs or lines of code intended to limit or damage the operation of computer or telecommunications equipment;
    7. send spam (messages, including but not limited to unsolicited promotional messages) or offer snowball or pyramid sales or solicit unauthorized payments or donations online;
    8. list or share websites that violate the Terms of Service;
    9. distribute materials that violate intellectual or industrial property rights or offer downloads that are protected by copyright without the permission of the rights holders.
  6. In case of violation of the Regulations by the End User, SmartHotel shall be entitled to immediately block the End User’s access to the SmartHotel System. SmartHotel assumes no responsibility for the use of the SmartHotel System by End  Users.

V. Contents incorporated in the SmartHotel system.

  1. The content of the SmartHotel System, including but not limited to articles, images, videos, brands, software, and functionalities are protected by intellectual and industrial property rights. Accordingly, the End User undertakes to respect these rights and, in this regard, to refrain from using the content of the SmartHotel System without authorization. Any unauthorized use of all or part of such content may constitute an infringement, violation of rights of publicity, personal rights, or other laws or applicable regulations and consequently incur civil and/or criminal liability.
  2. The End User is solely responsible for the content he creates and publishes, and makes available in the use of the SmartHotel System and in the communication channels available on the SmartHotel System. SmartHotel reserves the right to remove without notice any content that the End User creates, posts, receives, and/or shares in violation of the Terms and Conditions.

VI. SmartHotel responsibility

  1. Content published on the SmartHotel System may be proposed by Partners or by other End Users, and therefore SmartHotel has no control over such content. In addition, the SmartHotel System may contain links to websites or other applications, the content of which is not controlled by SmartHotel. Accordingly, SmartHotel recommends that you review the terms of use of such websites or applications in advance. SmartHotel is not responsible for the content published by third parties, including Partners, Administrators and Users. 
  2. SmartHotel makes no express or implied warranties of any kind, including but not limited to the quality and compatibility of the Services and content offered to End Users on the SmartHotel System.

VII. Complaints

  1. Complaints regarding the Services should be submitted by e-mail at: [email protected] or by calling: +48 733 970 033.
  2. SmartHotel will consider the complaint within 14 (fourteen) days from the date of its receipt. A response to the complaint will be sent to the e-mail address of the End User submitting the complaint indicated in its content.
  3. In order to consider the complaint, the End User may be asked by an employee of SmartHotel to provide additional data necessary for proper identification, including: email address; first and last name; telephone number.

VIII. Contacts

In case of any questions, especially regarding commercial or technical issues, the End User may contact SmartHotel (address: Warsaw 00-850, Prosta Street 20; telephone number: +48 733 970 033; email: [email protected])/

IX. Final provisions

    1. The Terms and Conditions shall be governed by Polish law, in particular the Act on Rendering Electronic Services as well as RODO and the Act on Personal Data Protection, unless mandatory provisions of law require that other laws be applied, in particular the law applicable to the place of residence or the registered office of a End User who is a consumer.
    2. Disputes with End Users who are consumers will be resolved by common courts according to the jurisdiction arising from the provisions of law. 
    3. An End User who is a consumer has the possibility to use the out-of-court procedure for handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Regional Inspector of Trade Inspection in Warsaw. Detailed information about the aforementioned Mode and the applicable dispute resolution procedures, can be found at the following address: https://uokik.gov.pl, under the “Consumer Dispute Resolution” tab.
    4. The appendices to the Regulations including the Privacy Policy are an integral part of the Regulations.
    5. The Regulations are made available free of charge at the link https://mysmarthotel.com/regulations-for-end-users-of-the-smarthotel-system in a form that allows you to download, record, and print them. 
    6. The Regulations enter into force on 01.06.2022.