Terms and Conditions of the SmartHotel system - Partners
I. General Information on the Terms and Conditions for Operating the SmartHotel System
Terms and Conditions, along with Appendices, define the conditions and rules for entering into an Agreement and using the SmartHotel System in all its versions, the rules for providing electronic services, the terms and conditions for entering into and terminating agreements for the provision of electronic services, the rules for using all services covered by the SmartHotel System, the rights and obligations of SmartHotel, Partner, Owner, Administrator, and User, liability, and the rules for submitting complaints through the SmartHotel System.
The services covered by these Terms and Conditions are provided by SmartHotel Sp. z o.o. with its registered office in Krakow (Poland), at ul. Pawia 9 (postal code: 31-154) Krakow, registered in the National Court Register kept by the District Court for Krakow-Śródmieście in Krakow, XI Economic Division of the National Court Register under the KRS number 0000812741, NIP 5252807928, REGON 384929793, share capital of 10,000 PLN. (hereinafter: SmartHotel).
Also as SmartHotel SRL for the LATAM and international markets, RNC: 1-32-71506-3. 132715063, Bienvenido García Gautier No, 22, Santo Domingo D.R. (hereinafter: SmartHotel)
By entering into the Agreement, the Partner declares that they have familiarized themselves with the Terms and Conditions and accept their content. By using the Services, the Partner is obliged to comply with the Terms and Conditions. These Terms and Conditions apply to all services within the SmartHotel System, unless otherwise stipulated in an Agreement between the Partner and SmartHotel.
|SmartHotel System||A system created by SmartHotel for communication between the Partner and the User, utilizing Plan(s) (SmartGuest, SmartChat, SmartAutomation, or SmartApartment) in effect on the date of the offer to the Partner.|
|CMS/ADMIN||Part of the SmartHotel System that allows the management of Digital Guestbook content or other administrative configurations, granting rights and access to CMS to authorized individuals on the Partner’s side, and selecting additional functions according to the Partner’s current Plan (e.g., user communication service).|
|Digital Guide||A website with a dedicated URL containing data about the Property entered by the Partner within CMS/ADMIN (including logos, text information, photos, videos, PDF files with price lists, menus, etc., links to the hotel/property’s website and other entities).|
|Partner||An entity managing the Property, entering into an Agreement with SmartHotel, and using the SmartHotel System to communicate with Users.|
|Property||A unit managed by the Partner, which may be a hotel, apartment, or another type of activity, for which the SmartHotel System will be implemented according to the Agreement, and for which the appropriate access to the SmartHotel System will be created.|
|Agreement||An agreement between SmartHotel and the Partner, specifying the selected Plan, the definition of the Property, price, and payment method; in any form, including documentary form, depending on individual arrangements with the Partner.|
|Plan||A set of Services provided to a specific Property by SmartHotel based on the Agreement, available in three variants for hotels: SmartGuest Plan, SmartChat Plan, SmartAutomation Plan, and for apartments: SmartApartment Plan.|
|Additional Modules||Currently available for purchase within the SmartHotel offering, these are optional services that can be found on the first page of the agreement or presented in an email offer.|
|Fee||Payment for using the SmartHotel System, granting an exclusive license by SmartHotel to use the SmartHotel System, which will be carried out according to the terms of the Agreement, based on the Partner’s and Property’s parameters.|
|Owner||A person authorized by the Partner to manage CMS/ADMIN and grant rights to Administrators and Users.|
|Administrator||A person authorized by the Owner to perform specific functions in CMS/ADMIN, including granting access to CMS/ADMIN to users.|
|User||A person to whom the Owner or Administrator has granted access to CMS/ADMIN intended for the Partner’s employees and collaborators.|
|End User||A user of the Digital Guide (Website Guest, Partner’s Client, any person using the Digital Information Hub), who has access to the Digital Information Hub by scanning a QR code using a Device (mobile phone) or opening a link using a web browser on a Device (e.g., mobile phone) and can use available Services according to the Plan chosen by the Partner, including communication services.|
|Device||An end device that can be used to connect to the Internet via the Network, meeting the technical conditions specified in the Terms and Conditions.|
|SmartHotel System Login||Completing the necessary data to access CMS/ADMIN.|
|Mobile Application||Software developed by SmartHotel, dedicated to mobile devices with Android OS and iOS, facilitating the use of specific SmartHotel System functionalities by Partners.|
|SmartHotel Plan Presentation and Handover to the Partner||An online meeting during which SmartHotel can present the full production version of the SmartHotel System for the Property (including a personalized account, full configuration).|
|Technical Support||Available as part of the Fee from Monday to Friday, excluding public holidays, from 8:00 AM to 6:00 PM, technical support related to the operation of the SmartHotel System or Modules. In the event of the need for a SmartHotel employee to visit the Property, transportation, accommodation, and meals costs at the Property will be fully borne by the Partner.|
|Technical Break||Associated with the need for maintenance or modernization work, a break in SmartHotel System accessibility, preventing or hindering the use of Services, about which the Partner will be informed with appropriate advance notice of not less than 12 hours before the planned break time, unless the technical break results from emergency circumstances – in which case, it will be introduced without prior notice, but with an estimate of its duration.|
|Service Fee||A recurring fee, payable monthly, quarterly, semi-annually, or annually, the amount of which will be determined upon signing the Agreement, based on the Partner’s parameters, Property, and activated Modules, for server maintenance, support, updating, or implementing new SmartHotel System functions specified on the first page of the Agreement or presented in an email offer.|
|Configuration Fee||A fee for implementation, the amount of which is determined by the party indicated on the first page of the Agreement as “Configuration Fee” or presented in an email offer.|
III. Technical Conditions
The SmartHotel System is accessible from any web browser on a computer. Some features of the SmartHotel System will also be available through 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 smooth operation of the SmartHotel System on other operating systems or older versions of operating systems.
IV. Services in the SmartHotel system
As part of the SmartHotel system, we offer the following plans:
- SmartGuest Plan
- SmartChat Plan
- SmartAutomation Plan
- SmartApartment Plan
V. Third-party facilities and services
SmartHotel acts as an intermediary between the End User and the Property as a provider of Third-Party Services, enabling the provision of Informational and Communication Services for the End User. Properties are independent contractors conducting business as individuals or in other organizational and legal forms, separate from SmartHotel. In particular, these entities are not employed by SmartHotel as employees. SmartHotel is not responsible for the quality and content of services ordered through the SmartHotel System, as well as for the content published by the Property in the Digital Information Hub and in communication via email, SMS, WhatsApp, Messenger, and other channels.
VI. Special terms of the SmartGuest plan
SmartGuest is a service plan that includes:
- Access to the CMS/ADMIN platform located at a dedicated URL, where the Partner can complete and edit information related to their Property (logo, text information, photos, videos, PDF files with price lists, menus, etc., links to the Property’s website and other pages);
- Access for the Administrator;
- The ability to grant access to individuals authorized by the Administrator;
- A “QR Materials” section with ready-made and dedicated materials for download by the Property, including a dedicated QR code and link for End Users;
- Access for the End User to the Digital Information Hub on their Device (mobile phone) by scanning a dedicated QR code or opening a dedicated link in a web browser.
VII. Special terms of the SmartChat plan
In the SmartChat plan, the Partner gains access to all SmartGuest plan services, as well as:
- Access to communication services between End Users and the Property through online chat, WhatsApp, Messenger, and others, along with the SmartTranslate service;
- Dedicated tabs “Guest” and “Rooms”
- “Requests”, “Mass Messages”, “Payments”, and “Check-in”
Under the SmartChat plan, the End User has the ability to communicate with the Property through the “Communication” widget, after filling out a contact form by the End User, containing the following information (first name, last name, email address, room number, and phone number). The Partner, as the administrator of the End User’s personal data, is responsible for processing such data in accordance with the law.
VIII. Special terms of the SmartAutomation plan
Under the SmartAutomation plan, the Partner gains access to all services covered by the SmartGuest and SmartChat plans, as well as:
- Creating the Property’s account and preparing it for use.
- Configuring check-in/registration cards, welcome messages, Smart Automation.
- Setting up accounts for all Users.
- Presenting how to use the SmartHotel system to End Users.
- Verifying imported reservations and rooms.
- Access to remote check-in service.
- Editing check-in/registration cards, contact forms, and other elements in the System.
- Unlimited access to User dashboards (Reception/Management/Owners).
- Access to “Notes” feature.
- Importing/exporting reservations from property management system (PMS), integration with PMS depending on availability.
- Service through Premium Support Chat.
- SmartTranslate services within SmartChat.
- Property management analytics services.
- Mass messaging services: SMS/Email.
IX. Special terms of the SmartApartment plan
Under the SmartApartment plan, the Partner gets access to all the services covered by the SmartGuest plan and the SmartChat plan, as well as in addition:
- Creating an Account for the Property and Preparing it for Use, for One or an Unlimited Number of Apartments;
- Configuring Check-in/Registration Cards, Welcome Messages, and Smart Automation;
- Creating Accounts for All Users;
- Demonstrating How to Use the SmartHotel System for End Users;
- Validating Imported Reservations and Apartments;
- Optionally, through Other Platforms, Channels (OTAs), PMS, Channel Managers;
- Access to Remote Check-in Service;
- Ability to Edit Check-in/Registration Cards, Contact Forms, and Other Elements Within the System;
X. Launching the SmartHotel System
All plan services can be activated by: (1) entering into the Contract, (2) accepting the Terms and Conditions (3) paying the SetUp Fee and Service fee in accordance with the Contract (4) accessing the link sent by SmartHotel after entering into the Contract, filling in the details in the form and accepting the Terms and Conditions by checking the box “Login/Login”. In the case of activation of services prior to payment, SmartHotel has the option to withhold services in the event of delays in payment exceeding a period of 3 business days, until payment is made in accordance with the Agreement.
XI. SmartHotel copyrights
- 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 payment of fees.
- The license is granted for the following scope of use: (1) use within the functionality of the SmartHotel system in accordance with the terms specified in the Agreement and for the purpose of performing the Agreement; (2) reproduction, transmission, storage, display, application, and utilization of the SmartHotel system for the purpose of executing the Agreement; (3) enabling third parties – Owners, Administrators, and Users – to use the SmartHotel system for its intended purpose and for the purpose of performing the Agreement; (4) utilizing information generated by the SmartHotel system, including but not limited to data, reports, statements, and other documents created in the course of this usage, for the purpose of executing the Agreement.
- The Partner or any person authorized by the Partner, including the Owner, Administrator, and User, are not entitled to alter or modify the SmartHotel system in any way, except for settings allowed within the scope of executing the Agreement.
- The Partner or any authorized individuals, including the Owner, Administrator, and User, 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 associated with the Services; modify, translate, or create derivative works or adaptations based on the Services or the SmartHotel system; use the Services or the SmartHotel system on behalf of third parties or in a manner inconsistent with the Agreement; remove or modify any intellectual property markings or SmartHotel logos placed within the SmartHotel system. The Partner is entitled to use materials prepared for download and printing with a dedicated QR code for the Property, and the file with the dedicated QR code is available for use in the Partner’s own materials created for the Property.
- The Partner is not authorized, among other things, to use the SmartHotel system for purposes other than those specified in the Agreement.
- The Partner will organize all necessary measures, including technical means, to prevent unauthorized use of the SmartHotel system and access to it..
- SmartHotel declares that it is the exclusive owner and entity authorized to use the SmartHotel system, including possessing the necessary rights to grant licenses under the terms specified in the Agreement and Regulations.
- The SmartHotel trademarks used in the SmartHotel system are protected under the provisions, including but not limited to, the Polish Industrial Property Law of June 30, 2000 (Journal of Laws of 2001, No. 49, item 508).
XII. Partner's responsibility, use of SmartHotel System by persons authorized by the Partner
- The Partner bears sole responsibility for the use of the SmartHotel system and any consequences thereof by individuals authorized by the Partner, including the Owner, Administrator, and User. In particular, the Partner must ensure that no person has access to the SmartHotel system without their consent.
- The Partner is obligated to promptly notify SmartHotel of any unauthorized use of the SmartHotel system and granted accesses. In the event of a well-founded suspicion of a security breach of the SmartHotel system, SmartHotel reserves the right to block the Partner’s access to all or part of the services covered by the agreement.
- The Partner bears sole responsibility for the use of the SmartHotel system and services by themselves or other authorized individuals, including the Owner, Administrator, and User.
- The Partner guarantees that the content posted by them in the SmartHotel system (including, but not limited to, articles, photos, videos, trademarks, and software) and functionalities do not infringe upon intellectual and industrial property rights. Any unauthorized use of all or part of such content may constitute a violation of intellectual and industrial property rights, infringement of public rights, personal rights, or other legal provisions or regulations, and may result in civil and/or criminal liability.
- The Partner also guarantees that the posted content is in no way illegal. SmartHotel is not responsible for the content posted by the Partner and their authorized individuals, including the Owner, Administrator, and User, but reserves the right to block access to all or part of the services in the event of the detection of the posting of illegal content in the application. The Partner bears sole responsibility for the content posted by their authorized individuals, including the Owner, Administrator, User, and authorized users of the CMS system.
- In particular, the use of services for the following purposes is strictly prohibited:
- Publishing comments, videos, photos, vulgar, offensive, aggressive, pornographic, pedophilic, or any other inappropriate content is strictly prohibited;
- Posting pages containing comments or images intended to harass, threaten, or humiliate others is strictly prohibited. Therefore, the End User should refrain from expressing negative opinions about other individuals, engaging in personal attacks, or attacks based on race, nationality, ethnic origin, religion, gender, sexual orientation, disability, or other differences;
- Promoting, publishing, endorsing, or facilitating the distribution, transmission, exchange, sale, or purchase of illegal or unlawfully infringing content is strictly prohibited;
- Impersonating another person or communicating under a false name or room number that one is not authorized or permitted to use for any reason, including, but not limited to, committing a crime, is strictly prohibited;
- Disseminating computer viruses or files, programs, or lines of code designed to restrict or damage the operation of computer hardware or telecommunications equipment is strictly prohibited;
- Sending spam (messages, including unsolicited promotional messages) or engaging in pyramid schemes, requesting unauthorized online payments or donations is strictly prohibited;
- Posting or providing access to websites that are in conflict with the terms and conditions of the agreement is strictly prohibited;
- Distributing materials that infringe on intellectual property rights or engaging in unauthorized downloading of copyrighted content without the consent of the rightful owners is strictly prohibited.
- In the event of a breach of the terms and conditions of the agreement by the Partner or individuals authorized by the Partner, including the Owner, Administrator, and User, SmartHotel reserves the right to immediately block the Partner’s access to the SmartHotel system services.
- SmartHotel assumes no responsibility for the use of the system services by end users.
XIII. Utilization of push notifications
SmartHotel will limit the sending of push notifications to end users to a specified time period, which includes: 10 days before the check-in date and 10 days after the check-in date.
XIV. Compliance with applicable regulations
The Partner agrees to use the Services in accordance with applicable regulations.
To ensure the smooth operation of the System, SmartHotel will conduct maintenance activities, which it will endeavor to perform outside of peak usage periods.
XVI. Personal data
- Performance of the Agreement by SmartHotel may involve the processing of personal data of Partner’s employees or associates (Personnel) or end users, who are individuals, for whom the Partner or another entity designated by the Partner acts as the data controller. SmartHotel should be informed of this during the conclusion of the Agreement or during its term if necessary.
XVII. Financial terms
- All costs associated with accessing the SmartHotel System and Services (including, but not limited to, equipment, network access, enabled features, text messages, etc.) are solely borne by the Partner, who is responsible for the operation of their device and network. The usage of the SmartHotel System and Services by the Partner is subject to fees as specified in the Agreement. Additional modules may incur additional fees, which are determined on an individual basis. SmartHotel does not charge additional fees for end users’ use of the Services.
- Tax in accordance with applicable legal regulations will be added to each fee.
- Within the SmartHotel System, the following payment methods are available:
- Payment by bank transfer based on a VAT invoice provided to the Partner and issued in accordance with individually established terms in the Agreement;
- Payment through the Stripe Inc. platform, headquartered in San Francisco, USA (www.stripe.com), using payment cards such as Visa, Mastercard, or American Express.
- Selecting payment by debit/credit card as the primary payment method will result in charges being made to the card for subsequent billing periods in accordance with individually established terms specified in the Agreement.
- Details regarding payment methods and the selection of payment method will be specified in the Agreement..
- All electronic payments are made in accordance with the applicable regulations of the respective external payment operator, and SmartHotel is not responsible for their accuracy. The Partner is obligated to familiarize themselves with the regulations mentioned in the above sentence before making any payments.
- In the case of payments made in accordance with paragraph 3, point a, they will be made based on VAT invoices issued by SmartHotel, with a payment term of 7 days to the bank account of SmartHotel indicated on the invoice in accordance with the terms specified in the Agreement. The Parties allow the possibility of making payments by payment card or the ‘quick transfer’ option available in the Partner’s bank. The payment date will be considered by the Parties as the day when the funds are credited to SmartHotel’s bank account.
- Within 7 days of receiving the invoice from SmartHotel, the Partner is obligated to pay additional costs for selected modules and the fee for the used SMS message package as specified in the Agreement, or additional charges for using WhatsApp or SMS costs most often based on the presented re-invoice for the costs of SMS, WhatsApp and additional services.
- Documents related to payments will be sent to the Partner’s email address provided at the conclusion of the Agreement..
- A delay in payment of the mentioned fees by at least 2 months may result in, among other things, the inability to update the SmartHotel System and modules, which can impede their proper functioning and lead to the suspension/blocking of access to services or, at SmartHotel’s discretion, may lead to the termination or suspension of the license for the SmartHotel System or modules, as well as the suspension of services covered by the Agreement by SmartHotel, solely due to the fault of the Partner.
- SmartHotel may offer additional modules to the Partner, currently available in the offer at the time of the request, for a fee. Modules may also be available in the Partner’s account within the SmartHotel System. In case the Partner is interested in activating a module at a specified price as per the offer, the Partner is required to submit a declaration in this regard, at least in written form, or activate it within the available Partner account. Activation of a module does not require a change to the Agreement. The module will be activated within a maximum of 5 business days from the date of payment being credited to SmartHotel’s bank account. The Partner’s payment for the module signifies placing an order and accepting the terms of the Agreement in this regard, particularly the obligation to pay fees for the module. Failure to use the ordered module does not exempt the Partner from the obligation to pay fees for its activation on time.
- SmartHotel may perform additional services (including IT/consulting) for the Partner, the scope and terms of which will be individually agreed upon by the Parties each time and confirmed in writing, at a minimum. These services are not covered by licensing fees and are additionally payable by the Partner based on a VAT invoice issued by SmartHotel. The execution of additional services does not constitute a change to the Agreement and does not require an annex.
XVIII. License for materials available in the SmartHotel system
- The Partner declares that they have intellectual property rights (copyrights or trademarks) to any content they create or provide in the SmartHotel System. The provisions of the Regulations do not deprive the Partner of their rights to their own content.
- The Partner may share their content with anyone at any time. The 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 create derivative works based on the materials provided by the Partner in the CMS and in the Object Survey. This means, for example, that by sharing content in the Object profile, the Partner grants SmartHotel the right to store, copy, and share the content with other Users. The license expires upon the removal of the content by the Partner. The Partner may delete individual elements of content or the entire content at once by deleting it from the CMS.
- The Partner can delete individual elements of content or the entire content at once by deleting it from the CMS. Before deletion, the Partner may at any time download a copy of their data.
- After deletion, the content will no longer be visible to other Users, but it may still be present in other SmartHotel systems in the following cases:
- When it is not possible to immediately delete it due to technical constraints (in such cases, the content will be deleted no later than 90 days after its removal by the Partner);
- When immediate removal of content would limit SmartHotel’s capability:
- For tracking and identifying illegal activity or violations of our rules and regulations (e.g., to detect or track abuses of our products or systems),
- To fulfill a legal obligation, such as preserving evidence;
- To comply with a request from a court or administrative authority, law enforcement agency, or government administration.
- In each of the above cases, the license will remain in force until the content is completely removed.
- SmartHotel and the Partner commit to using confidential information obtained in connection with the execution of the Agreement concerning the other Party, including in particular information constituting a trade secret of the Party, as referred to in Article 11(2) of the Act on Combating Unfair Competition of April 16, 1993, solely for the purpose of fulfilling the Agreement, and not disclosing such information to third parties without the consent of the other Party, unless there is a legal obligation to disclose the information.
- Each Party considers as confidential all data, materials, or information, not constituting a trade secret, regardless of their form and content, received from the other Party unless that Party has clearly indicated that such materials or information may be disclosed to third parties.
- The Parties undertake to keep the terms of the Agreement and the amount of the agreed payments confidential.
- The Parties commit to maintaining the confidentiality of confidential information obtained in connection with the execution of the Agreement for the entire duration of the Agreement and for a period of 5 years after its expiration or termination..
- In the event of a breach of the obligations set forth in this point 5 by the Partner, the Partner shall be obligated to pay SmartHotel a contractual penalty in the amount of 10,000.00 PLN for each breach, unless they prove that they are not liable for such disclosure. The established contractual penalty does not exclude the pursuit of damages exceeding its value on general principles. Payment of the contractual penalty also does not exempt the disclosing person from criminal liability, especially for disclosing the content of the Agreement between the Parties to third parties.
XX. Termination of services. Termination of the contract with the Partner
- The agreement between the Partner and SmartHotel is concluded for an indefinite period, unless otherwise specified in its content.
- Agreements concluded for a specified period automatically extend for another period, unless SmartHotel or the Partner notifies the other party in writing, by letter, by electronic mail, or in another manner, that it does not intend to extend the agreement, no later than 30 days before the end of the agreement’s duration, under penalty of invalidity.
- In the case of agreements for an indefinite period, each Party has the right to terminate the agreement with a three-month notice period, effective at the end of the month, provided that the fees have been paid for a minimum of 3 (three) accounting periods..
- The termination of the agreement requires written form.
- In case of failure to fully or partially pay the fee for at least one accounting period, violation of applicable law, or other breach of the Regulations by the Partner, SmartHotel has the right to temporarily suspend or even block the SmartHotel System until the Partner makes full payment or removes the consequences of the breach of the Regulations. The SmartHotel System will be resumed within 7 business days from the date of recognizing the receivables on SmartHotel’s bank account. In case of non-payment for a period of 2 months or longer, SmartHotel has the right to terminate the agreement immediately. Termination of the agreement requires written form.
- In case of a breach of the terms of the agreement or the Regulations by the Partner, SmartHotel has the right to temporarily suspend or even block the SmartHotel System until the information about the breaches committed by the Partner is verified – and if the verification results are positive – further suspension or blocking of the SmartHotel System until the breaches are removed or even immediate termination of the agreement. Termination of the agreement requires written form
- The suspension or blockage period mentioned above does not exempt the Partner from the obligation to pay the fees specified in the Agreement.
- In case of termination of the agreement, the Partner has no right to request a refund of any fees paid to SmartHotel and waives any claims in this regard.
- When an account is deleted, SmartHotel removes all data entered by the Partner in the operation of the SmartHotel System, including chat history, subject to the information specified in the License section.
XXI. Marketing consent
The Partner agrees to the use of the following materials and information:
- The official name of the Partner and the Property, including any trademarks used to distinguish the Partner’s business; registered wordmarks, figurative marks, and word and figurative marks registered on behalf of the Partner or identifying the Partner in practice;
- Basic information regarding the scope of SmartHotel services provided to the Partner;
For promotional and marketing purposes related to SmartHotel’s activities, including the following scope:
- On the internet, including but not limited to, on the SmartHotel website and SmartHotel’s social media profiles, especially on facebook.com, instagram.com, twitter.com, linkedin.com;
- All kinds of informational, marketing, and commercial content distributed by SmartHotel in all forms and across all fields of operation.
The consent for marketing activities is granted for an indefinite period.
XXII. Change of terms and conditions
- The terms and conditions may be subject to change in accordance with technical, legal, and regulatory changes. The Partner will be informed of any changes to the terms and conditions through the SmartHotel System or the email address provided during the conclusion of the Agreement.
- The parties undertake to inform each other in writing of any changes to the above-mentioned data. Failure to comply with the obligation specified in the preceding sentence will result in the communication being considered effectively delivered to the previous address.
- In matters not regulated in the Agreement and in the terms and conditions, the universally applicable laws and regulations shall apply. Disputes arising in connection with the execution of the Agreement and the terms and conditions shall be resolved amicably by the Parties through negotiations. If an amicable settlement of the dispute through negotiations is not possible, such dispute shall be submitted to the decision of the common court with its registered office in Warsaw, Poland.
- All notifications, summons, and other communications required or provided for in the Agreement shall be made in writing.
- If any provision of the Agreement is found to be invalid, the remaining provisions of the Agreement shall remain valid and enforceable unless circumstances indicate that without the invalid provisions, the Agreement would not have been concluded. Invalid provisions shall be replaced by provisions agreed upon by the Parties, and in the absence of an agreement between the Parties, by applicable provisions of the law that best reflect the original intent and purpose of the Parties.
- The terms and conditions are attached as an annex to the Agreement.
- The attachments to the Agreement are an integral part of the Agreement. The attachments include:
- Terms and Conditions of Service for SmartHotel System Partners;
- Contract for entrustment of personal data processing;
- Should the provisions of the Agreement conflict with the provisions of the Service Terms, the provisions of the Agreement shall take precedence.
Complaints regarding the Services should be sent via email to: [email protected]
SmartHotel will review the complaint within 14 (fourteen) days from the date of its receipt. A response to the complaint will be sent to the email address of the Partner submitting the complaint, provided during registration.
To process the complaint, a SmartHotel employee may request additional information from the Partner necessary for its proper identification, including email address, name, surname, and phone number.
XXIV. Closure of facilities as a result of decisions of state bodies
- Only in the case of extraordinary circumstances, including the complete (100%) closure of hotels/apartments/accommodation facilities due to the decisions of state authorities, SmartHotel may, upon a properly justified and documented request from the Partner, decide to suspend or reduce the fees arising from the Agreement for a maximum of two months, depending on the selected Plan.
- SmartHotel will inform the Partner of the approval or rejection of the Partner’s application in writing, no later than 7 days from the receipt of the application. The approval of the Partner’s application means that the Partner is exempt from the obligation to pay fees arising from the Agreement for the specified period, and the Partner is not required to pay them later. This change does not constitute an amendment to the Agreement and does not require an annex, and to be effective, it requires at least a written form. After the suspension or reduction period has elapsed, without the need for additional statements of will, the Agreement is reinstated in the form that was in force before the suspension/reduction.
- Exceeding the deadlines for suspension/reduction of payments by the Partner, as mentioned above, results in the suspension of the SmartHotel System’s operation and entitles SmartHotel to terminate the Agreement immediately without any consequences for SmartHotel. Termination of the Agreement, for its effectiveness, requires at least a written form.
XXV. Rights of the Partner who is a consumer
- A consumer Partner has the right to withdraw from the Agreement without stating a reason and submit a statement of withdrawal from the Agreement within 14 days from the completion of the Registration.
- To meet the deadline for withdrawing from the Agreement, it is sufficient for a consumer Partner to send a notice of withdrawal via registered mail to the SmartHotel’s address or electronically to [email protected].
- For clarification, it should be noted that withdrawing from the Agreement prevents the use of the Services.
- Disputes with Partners who are consumers will be resolved by the general courts in Poland in accordance with the provisions of the law. A Partner who is a consumer has the option to use out-of-court dispute resolution and pursue claims before the Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection in Warsaw, Poland. Information on access to the above-mentioned dispute resolution procedure and procedures can be found at: https://uokik.gov.pl, in the “Consumer dispute resolution” tab.
In case of any questions, especially regarding commercial or technical matters, the User may contact SmartHotel at the following address:
Address: Warsaw 00-850, ul. Prosta 20
Email: [email protected]
XXVII. Final provisions
- Attachments to the Regulations constitute an integral part of it.
- The Regulations are available free of charge at https://mysmarthotel.com/pl/regulamin/ in a format that allows for downloading, saving, and printing.
- The Regulations come into force on June 11, 2022.