These General Service Provision and Reservation Terms (the "Terms") are general terms of agreements within the meaning of Art. 384 and the next ones of the Civil Code, applicable to all agreements ("Agreements") regarding lease of agreed hotel rooms possessing agreed facilities ("Rooms") by B&B Hotels Polska Sp. z o.o. seated in Warsaw ("B&B") to guests ("Guests").
The Agreement is concluded between B&B and the Guest upon the receipt by the Guest of a confirmation of the reservation or upon settlement of a charge for the stay, however, not later than upon the Guest's receipt of the Room access code. By reserving a Room the Guest makes an offer to B&B to conclude the Agreement. In the event of a vacant Room, the Guest shall receive from B&B a confirmation of the reservation with the reservation number, sent to a designated a-mail address, by fax or by mail. Reservation numbers received from third parties (e.g. through the agency of web portals or travel agencies) may differ from B&B reservation numbers. At the request of the Guest B&B shall provide the Guest with the reservation number in the way defined in pt. II.1 of these Terms.
In the event of a non-guaranteed reservation the Guest only reserves a Room, whereas in the event of a guaranteed reservation the Guest also makes a guarantee of payment by providing its credit card number. A non-guaranteed reservation shall lapse automatically (i.e. without notification of the Guest) at 18:00 hours on the date of arrival if the Guest has not arrived or if the reservation has not been guaranteed by the provision of a credit card number. A non-guaranteed reservation may be cancelled by the Guest at any time in person, by fax or e-mail. The Guest may cancel a guaranteed reservation free of charge up to 18:00 hours on the date of arrival. The Guest may not cancel a guaranteed reservation free of charge after 18:00 hours on the date of arrival. In the event that the Guest does not appear on the date of arrival without a prior cancellation of a guaranteed reservation, the Guest shall be obliged to pay a charge for an overnight stay in the hotel and B&B shall be entitled to charge the Guest's credit card whose number was indicated as payment guarantee. B&B undertakes to ensure the Guest a Room possessing agreed facilities on the date of arrival by 14:00 hours. Upon its arrival the Guest shall come to the reception to get the room number and the room access code. In the case of a non-guaranteed reservation the Guest must arrive by not later than 18:00 hours on the date of arrival. Otherwise, B&B shall be entitled to let out the Room reserved by the Guest to another guest. The Guest shall vacate the Room in a non-deteriorated condition by not later than 12:00 hours on the departure date. In the event of the Guest's failure to vacate the Room by 12:00 hours on the date of departure, unless otherwise agreed, the Guest shall immediately vacate the Room and pay B&B a flat rate remuneration in the amount of 100% of the rate for an overnight stay in the Room.
Pets may stay on the premises of the hotel upon a prior consent from B&B. The Guest shall give a prior notice of any intention to bring a pet. In each case B&B's consent to the Guest's arrival with a pet is given under a condition that the pet stays under the Guest's permanent control and supervision and does not cause any risk to the hotel staff or other guests. A charge, of whose amount the Guest shall be notified, shall be made per pet per night, and shall be payable not later than the date of conclusion of the Agreement. The Room may be used only by the persons identified in the check-in card. The Guest shall treat the other hotel guests with consideration and comply with the hotel rules. The guest may not cook food brought in, either in the Room or in any other part of the hotel premises. Children under 13 years of age shall be supervised by an adult guest at all times during their stay in the hotel. The Guest is strongly recommended not to keep or leave unattended any cash, jewellery, valuables or other valuable items in the vehicles parked at B&B. B&B shall bear no liability for any theft or loss of the afore-mentioned items by the Guest. The hotel staff shall be entitled to enter the Guest's Room during the Guest's stay, also during the Guest's absence, for the purpose of cleaning, supplementing items used by the Guest, change of towels and bed linen as well as for doing necessary repairs and maintenance of equipment and systems.
The overnight rate payable by the Guest constitutes the counter-consideration for provision of the hotel room by B&B from the date of arrival to the date of departure. The overnight rate shall be payable in full, whether or not the Guest actually uses the Room. Overnight rates as of the date of conclusion of the Agreement shall apply. B&B shall be entitled to increase or reduce the overnight rates in the event of any changes or introduction of new taxes or other charges. The overnight rate and the charge for additional services shall be paid in advance, unless otherwise agreed, not later than the date of arrival at the hotel. If the length of the Guest’s stay is unspecified, the overnight rate and the charge for additional services for each night shall be payable in advance by 12:00 hours of each day. If the event of untimely settlement of the payment, the Agreement shall be terminated and the Guest shall vacate the room. Charges for additional services within the meaning of point V.3 hereof shall be e.g. car park charges, breakfast prices, charges for bringing pets and any other charges that are not included in the overnight rate. B&B accepts payment in Polish zloty, in cash, by transfer, pay cards and the following credit cards: Visa, MasterCard, Diners Club, JCB and American Express. The payment by transfer should cover all payments due to B&B from the Guest and may be made only prior to the Guest's arrival at the hotel. Other forms of payment shall only be possible in exceptional cases upon the consent of B&B. The Guest shall be entitled to set-off of receivables in the event that mutual liabilities are indisputable or result from a valid court judgement.
The Guest shall be obliged to inspect the Room immediately upon arrival. All and any defects found during such an inspection shall be immediately reported to the hotel reception, and any other defects shall be reported immediately after they have been discovered. In the event of finding material defects of the Room which may not be removed immediately, B&B shall provide the Guest with another Room of the same standard. Subject to legal provisions in force, the contractual liability of B&B shall be limited according to the following principles: B&B shall only be liable for damage caused by actions of a member of its staff or representatives of B&B if such persons caused the damage while performing their duties. the liability of B&B shall be limited to the amount of the loss incurred by the Guest, B&B shall only be liable for non-performance or improper performance of the obligation to provide a Room to the Guest for the entire agreed length of stay, B&B's liability for a single damage shall be limited to the amount of the indemnity paid for the damage by the insurance company in which B&B has civil liability insurance policy in respect of conducted economic activity. In no event shall B&B bear liability for any delays in making the Room available caused by acts of God or events hindering or preventing, for a longer period of time, B&B from making the hotel room available, such as strikes, natural disasters and resolutions of public authorities. Such reasons shall entitle B&B to postpone making the hotel room available by the length of the circumstances plus a reasonable start-up period. If the delay on the date of arrival continues after 19.00 hours, the Guest shall be entitled to withdraw from the Agreement. The Guest's claims for damages shall be excluded in such a case. B&B shall bear no liability, except the liability set out above and stipulated by legal provisions in force. In particular B&B shall not be liable for breach of the Guest's obligations, lack of commercial success, loss of profit, indirect losses or losses caused by third-party claims brought against the Guest. In the event of a theft, damage to property or a fire, flooding or another damage to the Room, the Guest shall immediately notify the hotel staff and do everything to establish the person responsible or to remedy the damage.
B&B shall be entitled to withdraw from the Agreement in the event that the Guest fails to pay the overnight rate on time, in the case that that the due amount should be settled in the whole or in a part prior to the date of the Guest's arrival at the hotel. The Guest shall be entitled to terminate the Agreement during its stay at any time up to 18:00 hours, to take effect from 12:00 hours on the following day. Either party may terminate the Agreement with the immediate effect for an important reason, in particular if the termination is justified by occurrence of unpredictable external events. B&B shall be entitled to terminate the Agreement with the immediate effect, in particular, if, during its stay at the hotel, the guest is under the influence of drugs, uses the Room for prostitution, is aggressive towards hotel staff, disturbs the peace of other hotel guests, or, in the past, made bogus reservations or purposefully damaged or destroyed hotel property.
The controller of the Guest's data shall be B&B. The Guest's data shall be processed by B&B for the purpose of performance of the Agreement, customer service and for marketing purposes. B&B may make personal data available to related parties of B&B, pursuant to Art. 23 (3) and (5) of the Personal Data Protection Act of 29 August 1997 (uniform text, Journal of Laws Dz. U. of 2002 No. 101 item 926 as amended). The Guest shall have the right to object at any time to the use of its personal data for marketing purposes. The Guest may have access to its data and correct it. Complete information about B&B's personal data protection policy is available in the seat of B&B: B&B Hotels Polska Sp. z o.o., Warszawa (03-944), Plac Przymierza 6. All queries on data protection should be directed to the above address.
In the event of any conflict between the Agreement and these Terms, the provisions of the Agreement shall prevail. B&B may entrust a third party with the performance of its obligations arising out of or in connection with the Agreement, in which case B&B shall be liable to the Guest for due performance of the obligations by the third party. The law of the Republic of Poland, with the exclusion of the Convention on International Sale of Goods, shall apply to the Agreement. B&B's right to change the rate defined in pt. IV.2 of the Terms and the limitation of B&B's liability set out in pt. VI of these Terms shall not apply to Guests being natural persons that conclude an Agreement with B&B for purposes other than related to economic or professional activity conducted by them. B&B shall be liable to such Guest under general terms and conditions. A court appropriate for pursuing B&B's claims against Guests-entrepreneurs shall be a court appropriate for the seat of B&B or another court of local jurisdiction, at the discretion of B&B. A court for pursuing claims of Guests-Entrepreneurs against B&B shall be a court appropriate for the seat of B&B.
The term "Group" means a group of Guests that occupy at least 10 Rooms and whose stay is organised by an entity conducting economic activity. The Group shall nominate a a person for contacts with B&B (the “Leader”). A list containing the names of all of the persons shall be submitted to B&B before the arrival of the Group. While making a reservation the Leader shall receive a confirmation of the reservation from B&B containing important details of the reservation together with data regarding check-in and the provision of security and any other terms of payment. Group reservations are always automatically guaranteed reservations. The charge for the Group's stay, including a charge for additional services within the meaning of pt. V.4 of these Terms, shall be paid in advance. In the event of a failure to pay overnight charges prior to the arrival date, B&B reserves the right to debit the credit card with the whole of the overnight charges due in the event that a credit card number has been provided. In the event that the card provided cannot be charged, B&B shall have the right to let out the Room reserved for the Group or the individual Guest to someone else without prior notice to the Guest; in such a case the Guest shall have no right to file any claims against B&B. The Group or the Guest may cancel or change its reservation free of charge up to four weeks prior to the arrival date. B&B undertakes to ensure the Group Rooms with agreed facilities on the date of arrival from 14:00 hour. B&B shall have the right to require a deposit from the Leader in the amount of the whole of the charge for the Group's stay on the date of arrival of the Group at the hotel. The Group shall receive a group invoice from B&B, which shall be handed to the Leader.