Terms and Conditions of the SmartHotel system - Partners

I. General information on the terms and conditions of the SmartHotel system

The Terms and Conditions along with the attachments specify the terms and conditions to which the conclusion of the Contract and use of the SmartHotel System in all its versions is subject, the principles of providing services by electronic means, the conditions for entering into and termination of agreements on the provision of services by electronic means, the principles of use of all services covered by the SmartHotel System, the rights and obligations of SmartHotel, the Partner, the Owner, the Administrator, the User, and the End User, liability and the principles of submitting complaints via the SmartHotel System.

SmartHotel Sp. z o.o. provides the services covered by the Terms and Conditions with its headquarters in Kraków (Poland), at Pawia 9 Street (postal code: 31-154) Krakow, entered into the Register of Entrepreneurs of the Polish National Court Register kept by the District Court for Kraków Śródmieście in Kraków, XI Economic Department of the Polish National Court Register under KRS No. 0000812741, NIP 5252807928, REGON 384929793, share capital of PLN 10,000. (from now on: SmartHotel).

By concluding the Contract, the Partner declares that he has read the Terms and Conditions and that he accepts its content. When using the Services, the Partner must comply with the Terms and Conditions.

The Terms and Conditions apply to all services within the SmartHotel System, unless otherwise agreed upon in the Contract between the Partner and SmartHotel.

II. Definitions

System SmartHotelCreated by SmartHotel is the system of communication between the Partner and the User using the Plans (SmartGuest, SmartChat, and SmartHotel) current as of the date of the offer to the Partner.
CMS The part of the SmartHotel System that allows managing the content of the Digital Property Guide, granting rights and access to the CMS to authorized persons on the Partner’s side, and selecting additional functionalities in accordance with the Plan valid for the Partner (e.g. communication service with the User).
Digital Property Guide A website with a dedicated URL, containing data about the Property completed by the Partner within the CMS (including logos, text information, photos, videos, pdf-type files with price lists, menus, etc., links-links to hotel/property, and other entities’ websites).
PartnerEntity managing the Property entering into a Contract with SmartHotel, using the SmartHotel System to communicate with Users.
PropertyThe entity managed by the Partner, which may be a hotel, apartment, or another type of business, in which the SmartHotel System will be implemented in accordance with the Contract and for which the corresponding access to the SmartHotel System will be created.
ContractThe agreement between SmartHotel and the Partner specifies in particular the selected Plan, the definition of the Property, the price, and the manner of its payment; in any form, including documentary form depending on individual arrangements with the Partner.
PlanThe plan of Services made available to the Partners of a given Property carried out by SmartHotel under the Contract, available in three variants: SmartGuest Plan (described in Section 5 of the Terms and Conditions), SmartChat Plan (described in Section 6 of the Terms and Conditions), SmartHotel Plan (described in Section 7 of the Terms and Conditions).
Additional ModulesCurrently available in the SmartHotel offer additional services subject to a separate fee, the list of which can be found at the link https://mysmarthotel.com/pl/modulydodatkowe/.
Fee Payment for the use of the SmartHotel System, the granting by SmartHotel of a non-exclusive license for the use of the SmartHotel System, which will be implemented in the manner and amount established by the Contract, based on the parameters of the Partner and the Property.
Owner A person authorized by the Partner to administer the CMS and grant rights to Administrators and Users.
Administrator A person authorized by the Owner for certain CMS functionality, including granting access to the CMS to Users.
UserA person to whom the Owner or Administrator has granted access to the CMS intended for employees and associates of the Partner.
End UserA user of the Digital Property Guide (Site Guest, Partner’s customer, Any individual using the Digital Property Guide) who has accessed the Digital Property Guide by scanning a QR code with a Device (cell phone) or by opening a link using a web browser on a Device (e.g., cell phone) and can use the Services available according to the Plan selected by Partner, including but not limited to communication services.
Device A terminal device that can be used to connect to the Internet via the Network meeting the technical conditions specified in the Terms and Conditions.
Logging in to the SmartHotel SystemCompletion of the data necessary to access the CMS.
Mobile ApplicationSoftware developed by SmartHotel, dedicated to Mobile Devices on Android OS and iOS platforms, facilitating the use of certain functionalities of the SmartHotel System by Partners.
Presentation and handover of the SmartHotel Plan to the PartnerAn online meeting at which SmartHotel will present to the Partner the full production version of the SmartHotel System for the Property (including personalized account, full configuration, or Chatbot Premium) will be presented to the Partner by SmartHotel. The presentation and handover of the account will take place a maximum of 4 weeks after: (a) the crediting to SmartHotel’s bank account of the Fee paid in accordance with the Order for the selected SmartPlan, and (2) the Partner’s submission of a properly completed “Property Survey”, which the Partner will receive from SmartHotel.
Chatbot PremiumPersonalised chatbot, inside Messenger, on the Facebook platform, for which the prepared Technical Fanpage is used, with the proviso that this option may be paid additionally in accordance with the terms indicated in the Contract.
Technical FanpageA page set up for the Property by SmartHotel on Facebook, presenting a business card of the Property for the sole purpose of connecting the Premium Chatbot.
Technical AssistanceAvailable within the Fee from Monday to Friday, except public holidays, from 8 am to 6 pm technical assistance related to the operation of the SmartHotel System or Modules. In case the Technical Assistance requires a visit of SmartHotel employees to the Property, the costs of transportation, stay and meals at the Property are fully charged to the Partner.
Technical BreakRelated to the necessity of carrying out maintenance or modernization works interruption of accessibility to the SmartHotel System, preventing or hindering the use of the Services, of which the Partner will be informed well in advance not less than 12h with information about the planned duration of the interruption unless the technical interruption is the result of emergency circumstances – then it will be introduced without notice one with an estimate of its duration.
Privacy PolicyThe document governing the security of privacy protection and processing of End Users’ personal data.

III. Technical Conditions

The SmartHotel System is accessible from any desktop web browser (via computer). Some functionalities of the SmartHotel System will also be available from the level of the Mobile Application, which is optimized for a minimum of IOS 8 and later versions and Android 4.4 and later versions. SmartHotel does not guarantee the smooth operation of the SmartHotel System on other operating systems or older operating systems.

IV. Services in the SmartHotel system

As part of the SmartHotel System, we offer the following Plans:  

  1. SmartGuest Plan; 
  2. SmartGuest Plan;
  3. SmartHotel Plan.

V. Properties and third parties services

SmartHotel acts as an intermediary between the End User and the Property as a Third Party Service Provider, thus enabling the provision of Information and Communication Services to the End User. The Properties are independent contractors conducting business as individuals or in another organizational and legal form, in a manner independent of SmartHotel, in particular, these entities are not employed by SmartHotel as employees. SmartHotel is not responsible for the quality and content of the services commissioned through the SmartHotel System and for the content published by the Properties in the Digital Guides and in communications through Email, SMS and WhatsApp, Messenger, and other channels.

VI. Specific conditions of the SmartGuest plan

SmartGuest is a Service Plan that includes:
  • access to the CMS platform located on a website with a dedicated URL, where the Partner completes and edits data about his/her Property (logo, text information, photos, video, pdf-type file with price lists, menus, etc., links-links to the Property’s and other entities’ websites);
  • access for the Administrator;
  • possibility of granting access to persons authorized by the Administrator;
  • QR Materials tab with ready-made and dedicated materials to be downloaded by the Property, which include a dedicated QR code and link for End Users;
  • access for the End User of the Property’s Digital Guide on their Device (cell phone) by scanning the dedicated QR code or opening the dedicated link in a web browser.

VII. Warunki szczegółowe planu SmartChat

Under the SmartChat Plan, the Partner gains access to all SmartGuest Services and:

  • access to End Users’ communication services with the Property via online chat and WhatsApp, Messenger, and others, together with the SmartTranslate service;
  • a dedicated “Guest” and “Rooms” tab.

As part of the SmartChat Plan, the End User is given the opportunity to communicate with the Property through the “Communication” Widget after the End User fills out the contact form with the following data (first name, last name, e-mail address, room number and telephone number). The Partner, as the administrator of the End User’s personal data, is responsible for the processing of such data in accordance with the law.

VIII. Specific conditions of the SmartHotel plan

Under the SmartHotel Plan, the Partner gains access to all Services covered by the SmartGuest Plan and the SmartChat Plan and: 

  • creating a Property account and preparing it for use;
  • setting up the check-in/registration card, Welcome Messages, Smart Automation; setting up accounts for all Users;
  • presentation of how End Users use the SmartHotel System; 
  • validation of imported reservations and rooms; 
  • setting up Quick Replies and a Technical Fanpage on the Facebook platform – under the terms of the Contract between SmartHotel and the Partner; 
  • access to remote check-in service;
  • the ability to edit check-in/registration cards and contact and other forms within the System;
  • ability to edit the End User’s information package in WhatsApp and Messenger;
  • unlimited access to Users Desktop (Reception/Management/Owners);
  • unlimited Task Manager – Task Manager;
  • access to “Notes” functionality;
  • ability to import/export reservations from PMS, integration with PMS subject to availability;
  • support service via Intercom Premium Support Chat, 
  • SmartTranslate service within SmartChat;
  • Property management analytics services;
  • GuestPlace and Sender’s ID service;
  • bulk messaging services: SMS/EMAIL.

IX. Launch of the SmartHotel system

  1. The SmartGuest Plan and SmartChat Plan Services are launched by: (1) concluding the Contract, (2) accepting the Terms and Conditions (3) paying the Fee in accordance with the Contract (4) accessing the link provided to the Partner by SmartHotel after concluding the Contract, filling in the data in the form and accepting the Terms and Conditions by selecting the “Log in/Log in” box. In the case of launching the Services prior to payment of the Fee, SmartHotel has the option to suspend the provision of the Services in case of delays in payment of the Fee exceeding a period of 3 business days until the Fee is paid in accordance with the Contract.
  2. The launch of the SmartHotel Plan at the Property, unless otherwise stipulated in the Contract, shall be in accordance with the following schedule:
    1. The Partner shall fully and correctly complete the “Property Survey” received from SmartHotel. Any modifications to the “Property Survey” template that SmartHotel may make at any time shall not constitute an amendment to the Contract.
    2. Subject to the condition precedent that the Partner sends a completely and properly completed “Property Survey”, SmartHotel will (1) begin work on the set-up (configuration) of the account for the Property and (2) begin work on the implementation of the SmartHotel Plan at the Property. From the date of receipt of the completely and correctly completed “Property Survey”, SmartHotel has a maximum of 4 weeks to prepare the full production of the personalized account for the Property under the SmartHotel Plan, which will be completed by presenting and handing over the SmartHotel Plan to the Partner for use. From the moment the SmartHotel Plan is presented and handed over to the Partner, the Partner has 48 hours to notify SmartHotel of any comments and suggestions for changes regarding the prepared account (1st round of revisions) via email. 
    3. If the Partner’s comments prove to be valid, and the proposals for changes are feasible to implement, taking into account, among other things, technical and system capabilities, SmartHotel will implement them within a maximum of 7 working days from the notification, of which it will inform the Partner via email.
    4. Within the next 48 hours after receiving the email referred to in c) above from SmartHotel, the Partner is obliged to notify SmartHotel of any further comments and proposals for changes regarding the prepared account (2nd round of amendments) via email. The Partner shall ensure that the comments and proposals for changes regarding the prepared account are confirmed by a person authorized to represent the Partner. If the Partner’s comments prove to be valid, and the proposals for changes are feasible to implement, taking into account, among other things, technical and system capabilities, SmartHotel will implement them immediately. The absence of any message from the Partner within the aforementioned period will be considered as full acceptance of the changes introduced by SmartHotel. 
    5. The Parties provide for a maximum of 2 (two) rounds of amendments, with the proviso that the maximum time that may pass from the presentation and submission of the account to its acceptance by the Partner or submission of any comments within the 2nd round of amendments may not be longer than 11 working days. 
    6. The Partner assures that all comments and proposals for changes regarding the prepared account will be confirmed by a person authorized to represent the Partner. Lack of message from the Partner within the period specified above will be considered as full acceptance of the account prepared by SmartHotel.
    7. Submission of any comments within the 2nd round of amendments does not prevent SmartHotel from issuing an invoice for the Fee.
    8. Once the Partner has paid the Fee and it has been credited to the SmartHotel account, SmartHotel will carry out the final handover and launch of the account within the SmartHotel Plan for the Property – in the form of an online meeting or stationary at the Property (with the proviso that in this case the costs of transportation, stay and meals of SmartHotel employees at the Property are fully charged to the Partner). The final commissioning and activation of the account under the SmartHotel Plan for the Property will be confirmed by SmartHotel via email, which is equivalent to the start of use of the account and the SmartHotel System by the Partner.

X. Copyrights of SmartHotel

  1. SmartHotel grants the Partner a non-exclusive license excluding the right to further sublicense or authorize the use of the SmartHotel System. The license is granted for a specific Property subject to the condition precedent of timely payment of Fees. 
  2. The Licence is granted for the following fields of use: (1) use to the extent of the functionality of the SmartHotel System in the manner indicated in the Contract and for the purpose of its performance; (2) reproduction, transmission, storage, display, application, use of the SmartHotel System for the purpose of performance of the Contract; (3) allowing third parties – Owner, Administrator, and Users – to use the SmartHotel System as intended and for the purpose of performance of the Contract; (4) use of information created as a result of the operation of the SmartHotel System, in particular: data, reports, statements and other documents created as part of this exploitation for the purpose of performing the Contract.
  3. Neither the Partner nor any person authorized by the Partner, including the Owner, Administrator, and User, is authorized to change or modify the SmartHotel System in any way whatsoever, except for the settings permitted in the performance of the Contract.
  4. Neither Partner nor any of its authorized persons, including Owner, Administrator and User shall directly or indirectly: attempt to discover the source code, result 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 Contract and remove or modify any intellectual property rights notices or SmartHotel markings placed within the SmartHotel System. The Partner is entitled to use the materials prepared for download and printing with a dedicated QR code for the Property, and the file with the dedicated QR code itself is available for use in the Partner’s own materials created by the Partner for the Property.
  5. The Partner is not authorized, among other things, to use the SmartHotel System for purposes other than those indicated in the Contract.
  6. The Partner shall implement all, including technical security measures against unauthorized use of or access to the SmartHotel System for the Services made available to the Partner.
  7. SmartHotel declares that it is the sole owner and entity authorized to use the SmartHotel System, including having the necessary rights to grant licenses under the terms and conditions of the Contract and the Terms and Conditions. 
  8. SmartHotel trademarks used in the SmartHotel System are subject to protection under, among others, the Polish Industrial Property Law of June 30, 2000 (Journal of Laws 2001 No. 49 item 508).

XI. Liability of the Partner, use of the SmartHotel systems by persons authorized by the Partner

  1. The Partner shall be solely responsible for the use of the SmartHotel System and any consequences thereof by persons authorized by the Partner, including Owner, Administrator, and User. In particular, the Partner must ensure that no person has access to the SmartHotel System without its permission. The Partner is obliged to immediately notify SmartHotel of any unauthorized use of the SmartHotel System accesses granted to it. In the event that SmartHotel has reasonable cause to believe that the security of the SmartHotel System is compromised, SmartHotel reserves the right to block the Partner’s access to all or some of the Services covered by the Contract.
  2. Partner is solely responsible for the use of the SmartHotel System and Services by itself or any other authorized person, including Owner, Administrator, and User.
  3. The Partner warrants that the content it posts on the SmartHotel System (including but not limited to articles, images, videos, brands, and software) and functionality that does not infringe are in compliance with intellectual and industrial property rights. Any unauthorized use of all or part of such content may constitute an infringement of intellectual and industrial property rights, violation of rights of publicity, personal rights, or other laws or applicable regulations and consequently incur civil and/or criminal liability.
  4. The Partner also guarantees that the content posted is not illegal in any way. SmartHotel is not responsible for the content posted by the Partner and its authorized Persons, including Owner, Administrator, and User, but reserves the right to block access to all or some of the Services in case of CMS in case of detection, posting of unlawful content in the application. The Partner is solely responsible for the content posted by its authorized Persons, including Owner, Administrator, User, and authorized CMS users.
  5. In particular, it is prohibited to use the Services for:
    1. publish pornographic, pedophilic, offensive, violent, vulgar, or defamatory comments, videos, movies, images, realistic or otherwise;
    2. publish pages containing comments or images intended to harass, threaten and/or embarrass others. Accordingly, the End User shall not make negative statements about others or make personal attacks or attacks based on race, nationality, ethnicity, religion, gender, sexual orientation, disability, or any other difference;
    3. solicit, publish, promote or facilitate the distribution, transmission, exchange, sale or purchase of any illegal content or content in violation of applicable law;
    4. impersonating another person or communicating under a false name or room number that you are not authorized or permitted to use for any reason, including but not limited to committing a crime;
    5. ending a computer virus or files, programs, or lines of code intended to limit or damage the operation of computer or telecommunications equipment;
    6.  sending spam (messages, including but not limited to unsolicited promotional messages) or offering snowball or pyramid sales or soliciting unauthorized payments or donations online;
    7. listing or providing access to the website contrary to the Terms and Conditions; 
    8. distribute materials that infringe intellectual or industrial property rights or offer downloads that are protected by copyright without the permission of the rights holders.
  6. In the event of a violation of the Terms and Conditions by the Partner or and persons authorized by the Partner, including the Owner, Administrator, and User or any other person using its SmartHotel System on its behalf, SmartHotel shall be entitled to immediately block the Partner’s access to the SmartHotel System Services.
  7. SmartHotel shall not be liable in any way for the use of the System Services by End Users.

XII. Use of push notifications

SmartHotel will limit the sending of push notifications to End Users to a limited period of time, which includes: 10 days before the check-in day and 10 days after the check-in day.

XII. Compliance with applicable regulations

Partner agrees to use the Services in accordance with applicable regulations.

XIV. Maintenance

In order to ensure the smooth operation of the System, SmartHotel shall perform maintenance activities, which it shall endeavor to perform outside periods of intensive use of the System.

XV. Personal data

  1. The performance of the Contract by SmartHotel may involve the processing of personal data of the Partner’s employees or associates (Personnel) or End Users who are natural persons, the controller of which is the Partner or another entity designated by the Partner, of which SmartHotel should be informed during the conclusion of the Contract or during its performance, if necessary. 
  2. Data processing in such a case shall take place under the terms of the Personal Data Processing Entrustment Agreement and Privacy Policy – within the framework of SmartHotel’s performance of the Contract and only for the purpose of providing access to the Services or improving their functionality and taking actions to eliminate errors or update the SmartHotel System, and shall be free of charge.

XVI. Financial terms and conditions

  1. All costs of access to the SmartHotel System and Services (including, but not limited to, hardware, network access, enabled features, text messages, etc.) shall be borne solely by the Partner, who will be responsible for the operation of its Device and network. The Partner’s use of the SmartHotel System and Services is chargeable in accordance with the Contract. Additional Modules may incur additional Fees, which are determined on an individual basis. SmartHotel does not charge additional Fees for the use of the Services by End Users.
  2. Tax will be added to each Fee at a rate in accordance with applicable law.
  3. The following payment methods are available within the SmartHotel System:
    1. payment by bank transfer on the basis of the tax invoice delivered to the Partner and issued in accordance with the rules established individually in the Contract;
    2. payment through the Stripe Inc. platform based in San Francisco, USA (www.stripe.com) by payment cards such as Visa, Mastercard, or American Express.
  4. The selection, as the primary form of payment, of payment by payment card, will result in it being charged for future payments for subsequent billing periods under the terms and conditions established individually in the Contract. 
  5. Details of payment methods and selection of payment methods will be specified in the Contract.
  6. All electronic payments are made in accordance with the applicable regulations of the respective third-party operator of such payments, and SmartHotel is not responsible for their accuracy. The Partner shall be obliged to familiarise itself with the regulations referred to in the sentence above before making payments.
  7. In the case of payments made in accordance with paragraph 3 (a), they will be made on the basis of tax invoices issued by SmartHotel bearing a 7-day payment deadline to the SmartHotel bank account number indicated on the invoice in accordance with the deadlines specified in the Contract. The Parties allow the possibility of payment also by payment card or the “fast transfer” option available in the Partner’s bank. The day of payment will be considered by the Parties as the day of crediting SmartHotel’s bank account. 
  8. Within 7 days from the delivery of the invoice by SmartHotel – the Partner is obliged to pay any additional costs for the Modules selected by the Partner and the fee for the used SMS package in the amount specified in the Contract. 
  9. Documents related to payments will be sent to the Partner’s email address provided at the conclusion of the Contract.
  10. A delay of at least 2 months in the payment of the aforementioned fees will result in, among other things, the failure to update the SmartHotel System and Modules, which may prevent their proper operation and stop/block the use of lead, at the option of SmartHotel, to the termination or suspension of the license for the SmartHotel System or Modules, as well as the suspension of the provision of services covered by the Contract by SmartHotel, through the sole fault of the Partner. 
  11. SmartHotel may offer the Partner, currently available in the offer as of the date of submission, additional Modules for a fee. The Modules may also be available on the Partner’s account within the SmartHotel System. In the event that the Partner is interested in including the Module for the price indicated in the offer, the Partner is required to make a declaration to this effect in at least documentary form or activate it within the account available to the Partner. Activation of the Module does not require an amendment to the Contract. The Module will be activated within a maximum of 5 working days after the payment for it is credited to SmartHotel’s bank account. The Partner’s payment of the Fees for the Module is tantamount to its order and acceptance of the terms of the Contract in this regard – including, in particular, the obligation to pay the Fees for it. Lack of use of the ordered Module does not release the Partner from the obligation to pay the fees for its activation on time.
  12. It is permissible for SmartHotel to perform additional works (including IT/consulting) for the Partner, the scope and terms of which will be individually agreed by the Parties each time and confirmed at least in documentary form. These works are not included in the license fees and are paid additionally by the Partner each time on the basis of a tax invoice issued by SmartHotel. Implementation of additional works does not constitute an amendment to the Contract and does not require an annex.

XV. License for materials available in the SmartHotel system

  1. The Partner declares that it owns the intellectual property rights (copyrights or trademarks) to any content it creates or makes available on the SmartHotel System. Nothing in the Terms and Conditions deprives the Partner of its rights to its own content. Partner may make its content available to any person at any time.
  2. Partner grants SmartHotel a non-exclusive, transferable, including the right to sublicense, royalty-free, and global license to use, exploit, distribute, modify, run, reproduce, publicly perform or display, translate, and exercise derivative rights to the materials Partner makes available on the CMS and the Site Survey. This means, for example, that by making content available on the Property profile, the Partner grants SmartHotel permission to store, copy and share the content with other Users. The license will expire when the Partner’s content Partner can delete individual content items or all content at once by deleting CMS. 
  3. The Partner may remove individual content items or all content at once by deleting the CMS. Before deletion, CMS Partner may download a copy of its data at any time.
  4. After deletion, the content will no longer be visible to other Users, however, it may continue to be present elsewhere on SmartHotel Systems, in case:
    1. when it is impossible to remove them immediately due to technical limitations (in which case the content will be removed no later than 90 days after the Partner removes it);
    2. when immediate removal of the content would limit the ability of SmartHotel:
      1. to investigate and determine illegal activity or violations of our rules and regulations (for example, to determine or investigate misuse of our products or systems);
      2. to fulfill a legal obligation, such as preserving evidence; or to comply with a request from a judicial or administrative authority, law enforcement agency or public administration;

in which case the content will be retained for no longer than necessary for the purposes for which it was retained (the exact duration will be determined on a case-by-case basis).

5. In any of the above cases, the licence will remain in effect until the content is completely removed.

XVIII. Confidentiality

  1. SmartHotel and the Partner undertake to use confidential information acquired in connection with the performance of the Contract concerning the other Party, including, in particular, the information constituting a Party’s business secret within the meaning of Article 11(2) of the Anti-Unfair Competition Act of April 16, 1993, Poland, exclusively for the purpose of performing the Contract, and not to disclose such information to third parties without the consent of the other Party, unless the obligation to disclose the information arises from mandatory provisions of law.
  2. Each Party shall treat all data, materials, or information, not constituting a business secret regardless of their form and content, received from the other Party as confidential, unless that Party has expressly indicated that such materials or information may be disclosed to third parties.
  3. The Parties are obligated to keep the terms of the Contract and the number of agreed payments confidential.
  4. The Parties undertake to maintain the confidentiality of confidential information obtained in connection with the performance of the Contract during the term of the Contract and for a period of 5 years after its expiration or termination.
  5. In case of violation of the obligations under this paragraph 5 by the Partner, the Partner is obliged to pay to SmartHotel a contractual penalty in the amount of PLN 10,000.00 for each violation, unless it proves that it is not responsible for such disclosure. The stipulated contractual penalty does not exclude the assertion of compensation in excess of its value on general principles. Payment of the contractual penalty shall also not exclude criminal liability of the person disclosing the data, in particular disclosing the content of the Contract between the Parties, to third parties.

XIX. Discontinuation of service provision. Termination of the contract with the Partner

  1. The Contract between the Partner and SmartHotel is concluded for an indefinite period of time unless otherwise stated in its content. 
  2. Contracts concluded for a definite period of time are automatically extended for the next period, unless SmartHotel or the Partner informs the other party 30 days before the end of the term of the Contract that it does not wish to extend it in writing under pain of nullity.
  3. In the case of Contracts for an indefinite period, each Party shall have the right to terminate the Contract with 1 month’s notice effective at the end of the month provided that Fees have been paid for a minimum of 3 (three) billing cycles. 
  4. The notice of termination requires at least a documentary form.
  5. In case of non-payment of the Fee in full or in part for at least one billing period, violation of generally applicable laws, or other violation of the Terms and Conditions by the Partner, SmartHotel is entitled to temporarily suspend or even block the SmartHotel System until the Partner settles the payment in full or removes the consequences of the violation of the Terms and Conditions. The SmartHotel System will be resumed within 7 working days at the latest after crediting SmartHotel’s bank account with the amount of arrears. In case of non-payment for 2 months or more SmartHotel is entitled to terminate the Contract immediately. Termination for its effectiveness requires at least a documentary form.
  6. In case of violation of the terms of the Contract or the Terms and Conditions by the Partner, SmartHotel is entitled to temporarily suspend or even block the SmartHotel System until the time necessary to verify the information about the violations made by the Partner – and if the verification proves positive – to further suspend or block the SmartHotel System until the violations are removed, or even to terminate the Contract immediately. Termination for its effectiveness requires at least a documentary form.
  7. The period of suspension or blocking referred to above shall not relieve the Partner from the obligation to pay the fees provided for in the Contract.
  8. In the event of termination of the Contract, the Partner shall not be entitled to claim a refund of any fees realized for the benefit of SmartHotel and waive all claims in this regard.
  9. With the deletion of the account, SmartHotel deletes all data entered by the Partner in the operation of the SmartHotel System, including the conversation history subject to the information specified in the License section.

XX. Marketing consent

Partner agrees to use the following materials and information:

  • The legal name of the Partner and the Property, including any word marks used to distinguish its business; word, figurative, and word and figurative trademarks registered in favor of the Partner or identifying the Partner in practice;
  • Basic data on the scope of SmartHotel services provided to the Partner;

by SmartHotel only and exclusively for advertising and marketing purposes relating to the activities of SmartHotel, to the following extent:

  • On the Internet, including, but not limited to, on SmartHotel’s homepage and on SmartHotel’s social media profiles – in particular facebook.com, instagram.com, twitter.com, linkedin.com; 
  • all kinds of informational, marketing and commercial content distributed by SmartHotel in any form and in all fields of exploitation.  

Marketing consent is granted for an indefinite period.

XXI. Change of terms and conditions

    1. The Terms and Conditions are subject to change in accordance with technical, statutory, and regulatory changes. The Partner will be informed of any changes to the Terms and Conditions through the SmartHotel System or to the email address provided during the conclusion of the Contract.
    2. The Parties undertake to notify each other, in documentary form, of any change in the data referred to above. Failure to comply with the obligation specified in the preceding sentence shall result in the correspondence sent to the previous address being deemed effectively delivered. 
    3. In matters not regulated by the Contract and the Terms and Conditions, the generally applicable provisions of law shall apply. Disputes that could arise in connection with the execution of the Contract and the Terms and Conditions shall be resolved amicably by the Parties through negotiations. If it is not possible to resolve such dispute amicably through negotiations, such dispute shall be submitted to the decision of a common court of law located in Warsaw, Poland.
    4. All notices, summonses and other communications required or provided for by the Contract shall be made in documentary form.
    5. If individual provisions of the Contract are declared invalid, the remaining provisions of the Contract shall be valid and remain in force unless the circumstances indicate that without the invalid provisions the Contract would not have been concluded. The invalid provisions will be replaced by the provisions agreed upon by the Parties, or in the absence of an agreement by the Parties, by the generally applicable provisions of law that best reflect the original will and intent of the Parties.
    6. The Terms and Conditions shall constitute an appendix to the Contract.  
    7. The Annexes to the Contract are an integral part of the Contract. The Annexes are:
      1. Terms of Service for SmartHotel System Partners;
    If the provisions of the Contract conflict with the provisions of the Terms of Service, the provisions of the Contract shall prevail.

XXII. Complaints

Complaints regarding the Services should be submitted by email to: [email protected].

SmartHotel will consider the complaint within 14 (fourteen) days from the date of its receipt. The response to the complaint will be sent to the email address of the Partner submitting the complaint indicated during Registration.

In order to consider the complaint, the Partner may be asked by an employee of SmartHotel to provide additional data necessary for its proper identification, including e-mail address; first and last name; telephone number.

XXIII. Closure of properties due to the decision of state authorities

  1. Only in the case of extraordinary circumstances involving, among other things, the complete (100%) closure of hotels/apartments/accommodation properties as a result of legal decisions of the relevant state authorities, SmartHotel may decide, at the duly substantiated request of the Partner submitted at least in documentary form, to suspend or reduce the Contract Fees for a maximum of two months depending on the selected Plan.
  2. SmartHotel will inform the Partner of the granting or refusal of the Partner’s request in at least documentary form – no later than within 7 days of receipt of the request. The granting of the Partner’s request is equivalent to the Partner’s exemption from paying the fees under the Contract during the indicated period, and the Partner is not obliged to overpay them later. This change does not constitute an amendment to the Contract and does not require an annex, and in order to be effective, it requires at least a documentary form. The granting of the Partner’s request is tantamount to releasing the Partner from paying the fees under the Contract during the indicated period, and the Partner is not obliged to overpay them later. This change does not constitute an amendment to the Contract and does not require an annex, and in order to be effective, it requires at least a documentary form. After the expiration of the period of suspension or reduction, without the need for additional declarations of intent, the Contract as it was in effect before the suspension/reduction is restored.
  3. Exceeding by the Partner the deadlines for suspension/reduction of payments referred to above causes suspension of the SmartHotel System and gives SmartHotel the right to terminate the Contract immediately without any consequences for SmartHotel. Termination for its effectiveness requires at least a documentary form.
  4.  

XXIV. Rights of the Partner who is a consumer

  1. The Partner who is a consumer has the right to withdraw from the Contract without giving any reason and submit a statement of withdrawal from the Contract within 14 days from the end of the Registration.
  2. In order to comply with the deadline for withdrawal from the Contract, it is sufficient for the Partner who is a consumer to send by registered mail to the address of SmartHotel or by e-mail to [email protected] information on the exercise of the right of withdrawal.
  3. In the event of withdrawal from the Contract, SmartHotel shall immediately delete all data of the Partner from its information system and personal data file, unless otherwise provided by mandatory provisions of law or the Privacy Policy.
  4. For the avoidance of doubt, it is indicated that withdrawal from the Contract prevents the use of the Services. 
  5. Disputes with Partners who are consumers will be settled by common Polish courts of law according to their jurisdiction under the provisions of law. A Partner who is a consumer has the possibility to use an out-of-court procedure for handling complaints and pursuing claims before the Polish Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw, Poland. Information on how to access the aforementioned dispute resolution mode and procedures can be found at the following address: https://uokik.gov.pl, under the “Settlement of consumer disputes” tab.

XXV. Contact

The End User may contact SmartHotel with any questions, especially regarding commercial or technical issues. Address: Poland, Warsaw 00-850, Prosta Street 20 E-mail: [email protected])

XXVI. Final provisions

  1. Attachments to the Terms and Conditions are an integral part of it.
  2. Terms and Conditions are made available free of charge at the link  https://mysmarthotel.com/en/terms-and-conditions/ in a form that allows you to download, record, and print them. 
  3. The Terms and Conditions enter into force on 11.06.2022 r.