THE REGULATIONS OF WEB PORTAL hotailors.com
The services specified in these Regulations are provided by:
Travel Manager limited liability companywith its seat in Poznań, Święty Marcin Street 29/8, with NIP numbers 783 174 22 97 and REGON 364 481 411, hereinafter referred to as “Travel Manager”. Each entrepreneur from the moment of acceptance of these Terms and Conditions becomes a “Partner” and cooperates with the Travel Manager on the regulations set out below:
These Regulations is a model of general agreement between the Travel Manager and the Partner, concluded electronically by accepting its provisions by the Partner in the Travel Manager IT system. In the case of determining the content and signing the Regulations by Travel Manager and a specific Partner in writing, these Regulations constitute the content of the General Agreement between the parties. All references to the Regulations apply to the concluded General Agreement.
1. Travel Manager provides electronic services to the Partner, consisting of sharing to the Partner the specific IT tool, hereinafter referred to as ,,the System’’.
2. Sharing the System by the Travel Manager means enabling to the Partner to use the functionality of the IT tool dedicated for integration of tourist offers (deals), such as accommodation, flights and other tourist offers.
3. The Partner is entitled to use the System only within and to the extent provided in the Regulations.
4. Travel Manager does not provide services to consumers.
5. The provision of services will take place each time on the ground of separate orders concluded via the System.
6. Whenever these Regulations refer to hotels, this also means: pensions, hostels and other entities providing accommodation services. Whenever these Regulations refer to service providers, we mean third parties offering intermediation in the reservation of hotels and other tourist services.
DECLARATIONS, RIGHTS AND OBLIGATIONS OF TRAVEL MANAGER
1. Travel Manager provides to the Partner the System that allows the Partner to check the offer of accommodation and other tourist attractions provided by several suppliers, and allows the booking of accommodation and other tourist offers by the Partner’s users (integration of travel services).
2. The reply to the inquiry offer may also include suggestions for range of other tourist services. By choosing such an offer, the user may be transferred to an external website, independent of Travel Manager. In this case, the contract for these services is concluded directly between the Partner and the operator of this external website.
3. Travel Manager may entrust the performance of services to its employees and other subcontractors at its sole discretion.
4. Travel Manager and its suppliers are entitled to develop and modify software and hardware used to provide services specified in the Regulations.
DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTNER
1. Partner is an entrepreneur or other entity conducting pay activity and using Travel Manager’s services as part of his business.
2. The Partner agrees that Travel Manager will issue VAT invoices to him without his signature.
3. The Partner is entitled to share with Travel Manager and to the relevant service providers the personal data entrusted to him in order to perform the services specified in the Regulations.
USING THE SYSTEM
1. By Using the System means acceptance of the Regulations and an obligation to comply with its terms and conditions and conclusion of a contract of electronic services provision.
2. For proper System’s usage, it is necessary to use a computer, internet connection and a standard internet browser in the current version (eg Firefox, Internet Explorer, Chrome, Opera, Edge). Travel Manager provides a secure connection when exchanging data with the website (SSL protocol).
3. Every user who wants to use the services of the website or contact the website must have an active e-mail address.
4. In order to use the full functionality of the website, user must accept the Regulations by checking the appropriate box and agre to the processing of personal data provided in the form. You can also agree to receive commercial information by selecting the appropriate box.
5. The User may not use the site to post illegal content. The user who violates the regulations will be asked to stop violations. If the behavior of such a user does not change, the operator can disable access to the website.
6. The user is responsible for the accuracy of the provided data and is obliged to update them if they change.
7. The content and information on the website are the property of the operator, service providers or hotel facilities. Any using them, including copying and processing, to the extent
other than the usual use of the website, described in these regulations is strictly forbidden.
RANGE OF SERVICES
1. Travel Manager provides services to the Partner:
a. provides the System in the form of SaaS (Software as a Service – software as a service),
b. grants the Partner a license to use the System.
2. If the Partner purchases services in order to organize business trips for his employees and co-workers, these Regulations constitute a general contract for organizing business trips, referred to in art. 3 point 2 of the Act on tourist events and related tourist services of 24th November 2017.
3. If the Partner purchases services for other purposes than those specified in paragraph 2 above, then these services are not tourist events within the meaning of art. 4 point 2 of the Act on tourist events and related tourist services of 24th November 2017. The Partner is entitled to purchase only one tourist service.
4. Travel Manager may make the System available to the Partner through a white label solution that the Partner may apply to any domain and share to its users.
5. Travel Manager provides tourist concierge service. For this purpose he provides a telephone number +48 609 009 386 and e-mail address
email@example.com to the concierge, who will assist the Partner and, if necessary, Partner’s clients. At every call of a Partner or customer, the concierge will provide information about hotels via e-mail or telephone; in particular, meeting the criteria defined by the Partner or the client’s location, public or individual transportation with the facility, additional services, attractions and infrastructure located in the location of the facility. The content and messages provided by the concierge are for information and support purposes only. Travel Manager will use the utmost diligence to provide reliable and verified information corresponding to the question, however, Travel Manager does not bear any responsibility for the content provided by the concierge, including their accuracy, correctness, timeliness and usefulness. Tourist concierge services are available for the partner or client until check-out from the hotel.
6. The tourist concierge service does not constitute the main tourist event service, according to art. 5 para. 2 point
1 of the Act on tourist events and related tourist services of 24 November 2017.
7. In the cases referred to in paragraph 2 above, the system may be accompanied by the Partner’s logo.
1. The information provided in the System comes from hotels and service providers who are responsible for the correctness of information provided to the System, in particular such as current availability of places, amount of fees and booking conditions.
2. The User may choose and book a hotel via the System, among offers tailored to the booking preferences indicated by him.
3. The Travel Manager makes every effort to ensure that the submitted offer remains valid as long as it is possible. However, we guarantee that the offer remains valid only ten minutes after its submission. Travel Manager strives to ensure that the user can use it later, but the availability of hotels and the price of services (in particular due to changes in exchange rates -) may change. When making a reservation, the System will present the current price of selected services.
4. By making a reservation an agreement is concluded for the provision of accommodation services on the terms specified in these regulations and in accordance with the offer presented by the hotel or the service provider. The partner or his client concludes a contract directly with the hotel or service provider. The moment of booking is sending the user a confirmation (voucher) by Travel Manager, the service provider or directly by the hotel.
5. The system works only as an intermediary between the Partner or his client, and the hotel or service provider, providing them with detailed information about the booking and correspondence.
6. With the conclusion of the contract for the provision of accommodation services, the Partner or his client becomes solely responsible for the booking, they have all rights and obligations arising from the contract with a the hotel or service provider, in particular liability for non-performance or defective performance of the contract, including all required fees and other booking conditions.
7. By making a reservation, the user accepts the conditions specified by the hotel or service provider, including the conditions for canceling the reservation and not appearing at the facility, as well as all additional conditions (including detailed rules specified by the hotel or service provider) that may apply to reservations or stay and services provided and / or products offered by the facility. Hotels may require that the user confirms the booking in paper or electronic form at check-in.
8. In the event that any additional costs will arise in connection with the given contract, including: chargeback, fees for electronic payments, handling, delays, cancellations, refunds, for additional services related to forgery or unauthorized use of funds, commissions, refunds, contractual penalties, etc., and all other charge related to a the booking which will be charged to Travel Manager, this burden will be transferred to the Partner. Travel Manager can deduct the above costs together with a commission from funds transferred to pay for the reservation or to be returned to the Partner.
9. Travel Manager does not guarantee that the hotel’s search results according to the Partner’s parameters will meet its expectations. In particular, the terms of a specific inquiry may prevent Travel Manager from submitting bids.
§ 7. VOUCHER
1. The confirmation of the reservation is a voucher. The partner will receive a voucher to the e-mail address after booking and fulfilling the required formalities.
2. The voucher is necessary to use the reserved service and is a confirmation of payment and contract concluded with the hotel or service provider. The hotel or service provider with whom the Partner has concluded the contract is responsible for the implementation of the voucher.
3. The voucher contains the guest’s personal data, information about the date and place of reservation and the dates of possible cancellation of the reservation.
4. The voucher is valid until the booking.
5. In the event of a correct cancellation of the booking on time, the return of funds to the Partner is made by Travel Manager. Reimbursement for cancellation is made on the terms specified in § 6 para. 8, in particular the return may be partial or may happen not at all, depending on the date of cancellation.
6. The possibility of changing the guest’s data on the Voucher depends on the hotel or service provider and may not be possible or could be additionally
REMUNERATION AND PAYMENT CONDITIONS
1. The Partner is obliged to pay Travel Manager’s remuneration for the provision of services.
2. Payments for selected travel services can be made electronically – by a payment card (VISA, Master Card), by a quick transfer (online payments) or BLIK.
3. Electronic payments are made through the electronic payment platform made available to Travel Manager by a third party. The partner is only responsible for paying the reservation. If the payment is not made correctly or on the date specified by Travel Manager, the booking will not be effectively made.
4. Travel Manager may grant a trade credit to the Partner. In such a case, the Partner is obliged to pay after the loan has been used up or the period for which it has been granted has expired.
5. Commission on reservations made by the Partner or Partner’s customers is included in the price indicated by the System. The Partner pays the entire amount for the Travel Manager booking.
6. The payment date is the date of posting the transfer on the Travel Manager account. In the case of card payments, the payment is completed from the moment of positive transaction authorization.
7. If there is a need to return funds for a transaction made by the Partner with a payment card, payment will be made by Travel Manager by wire transfer to the bank account assigned to the Partner’s payment card.
7. If there is a need to return funds for a transaction made by the Partner with a
payment card, Travel Manager will be returned to the bank account assigned to the Partner’s payment card.
8. Invoices will be issued in the currency selected by the Partner from the available options and sent via e-mail to the e-mail address.
9. Some of the functionalities available in the System may be payable, in that case the Partner must accept the terms of payment before providing the functional data.
10. In the event of a delay in paying remuneration of at least 3 days, Travel Manager may cease to provide the services provided for in these Regulations, and in particular may disable access to the System to the Partner.
11. The User may not charge Travel Manager for any legitimate, allegedly unauthorized, unauthorized or incorrect payment card debts made by the hotel (including prepayments made, additional services, cases of non- appearance in the hotel or cancellation of reservations for which penalty is provided, etc. .).
12. Travel Manager is not liable for forgery or unauthorized use of cash made while using the services provided to the Partner, including any costs, fees, fines, contractual penalties, deductions or other debits to the Partner’s account. If the hotel or service provider charges Travel Manager for this, the Partner who made the booking using a false payment card or allowed unauthorized access is responsible for the costs.
1. The Partner may file a complaint regarding matters related to the functioning of the System, as well as the provision of services by Travel Manager, within 30 days from the day the cause of complaint occures.
2. Travel Manager is only liable for failure performance or improper performance of the obligation to the extent to which it was the fault of Travel Manager and
relates to the range of its liability. If the complaint concerns services provided by the hotel or service provider, Travel Manager will immediately forward the complaint to the relevant entity and inform the Partner.
3. Filing a complaint is possible by e-mail – to the address: firstname.lastname@example.org or sending a letter by post to the Travel Manager mailing address.
4. Travel Manager will respond to the complaint immediately, no later than within 7 days.
5. Travel Manager may not respond to a repeated complaint in the same case.
1. Travel Manager will be liable only for technical security of data stored and processed by using the System, including personal data.
2. Travel Manager is not responsible for the actual availability of offers presented by individual suppliers of tourist offers and made available to the Partner under the Regulations. Travel Manager is not responsible for the content published in the System by hotels and service providers, including in terms of availability, prices, descriptions of conditions and details of the offer; However, Travel Manager obliges business partners to present the content of accommodation offers in a reliable manner in order to make the best possible services.
3. Travel Manager does not bear any responsibility for the way the Partner’s IT infrastructure works (including computer hardware, servers, software and links), with which he will be using the System.
4. Travel Manager is not responsible for the quality of the Internet connection and for other websites to which links can be found in the System.
5. Travel Manager does not bear any responsibility for the data management and measures taken by the Partner to
protect this data, for internal processes, procedures, systems or devices used by the Partner.
6. Travel Manager does not bear any responsibility for agreements concluded by the Partner or customers and Partner’s users directly with hotels or other entities whose offers have been made available in the System or to which the System contained links. The Travel Manager acts only as an intermediary between the Partner or the Partner’s user and the hotel or service provider, providing them with detailed information about the booking and correspondence.
7. Travel Manager is not responsible for differences of hotel standards marks used in particular countries; differences may arise from local or customary regulations regarding the standard and categorization of hotels, which may not be the same as national regulations.
8. Travel Manager is not liable for data provided by the Partner or his client (if it was given incorrectly, it may prevent the hotel from performing the service).
9. Travel Manager is not responsible for breaking the regulations by third parties.
PERSONAL DATA PROTECTION
1. The personal data of the Partner and its users are processed by Travel Manager as the personal data operator.
2. The processing takes place in order to perform the contract and individual orders, in order to perform legal obligations incumbent on the administrator (keeping the accounting documentation) and the pursuit of legitimate interests of the administrator (possible claims recovery), in accordance with art. 6 par. 1 lit. b, cif Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection) – hereinafter referred to as “GDPR”.
3. The data provided by the Partner are processed, in particular his name, surname, company, contact details, identification numbers, user’s data.
4. Travel Manager will perform the following operations regarding personal data: collecting, saving, processing, copying, deleting, storing, archiving, ordering, modifying, using for the purposes referred to in these Regulations.
5. The Partner declares that he is entitled to transfer the personal data of his users to Travel Manager.
6. Travel Manager may entrust data processing from the Partner to external accounting companies and companies cooperating with Travel Manager, law firms and entities providing services necessary to perform this agreement, in particular hotels and service providers. External IT companies may also have access to it, in the field of providing and servicing software and IT equipment, as well as postal and courier companies, in the case of sending correspondence. During processing payments, data will be provided, in the appropriate scope, to payment service providers. In the remaining scope, the data will not be disclosed (made available) to other entities, except for the cases provided for in the applicable regulations.
7. Data will not be transferred to third countries or international organizations, subject to the possibility of providing them to hotels and service providers, which is necessary for the execution of a given order. The Partner acknowledges and accepts that the provisions on the protection of personal data in these countries may be less restrictive than the provisions of the GDPR. Such transfer takes place on the basis of art. 46 ust. 2 lit c or art. 49
par. 1 liter c GDPR.
8. The data will be stored for 10 years from the termination of the contract – due to tax regulations and time limits for claims.
9. The data is obtained from the Partner and from public registers.
10. The Partner and its users have the right to: demand access to their personal data, rectification, deletion, processing restrictions, opposition to processing, as well as data transfer, and may file a complaint to the President of the Office of Personal Data Protection.
ENTRUSTING PROCESSING OF PERSONAL DATA
1. Partner entrusts Travel Manager processing of personal data in order to provide services to the Partner, pursuant to art. 28 para. 3 GDPR.
2. The subject of processing under these Regulations is only personal data which is necessary to provide services specified in the Regulations or other data voluntarily provided by the Partner.
3. The processing takes place over the period of service provision and for a period of 10 years from their completion.
4. Travel Manager declares that it provides sufficient guarantees to use appropriate technical and organizational measures to ensure that the processing of personal data meets the requirements of the GDPR and other applicable laws and protects the rights of the data subjects.
5. The Partner ensures that in the scope of personal data, in the case of which he is himself a processor, he has the appropriate consent of the data controllers to entrust Travel Manager with their processing as a further processing entity.
6. Travel Manager is obliged:
a. to process personal data only on the documented Partner’s order (an order issued electronically or in writing) subject to art. 28 para.
3 lit. a) GDPR – what is in particular by the Partner’s placing an order in the System,
b. to process personal data in compliance with the provisions of these Regulations,
c. to process personal data with the possibility of transferring them to third parties:
• in the case of data necessary for the provision of hotel services and other tourist services – for which the Partner hereby agrees,
• in the case of data other than data necessary for the provision of hotel services and other tourist services – the transfer is possible, if it takes place on the documented command of the Partner or the Partner agrees to transfer the data or disclosure of data to other entities results from the obligation specified by law
d. to process personal data in person and with the help of authorized employees and associates; in such a case, Travel Manager bears full responsibility towards the Partner for failure to fulfill the data protection obligations imposed on the subcontractor and for meeting the same guarantees and obligations imposed on the Travel Manager in these Regulations; during the execution of a specific order, Travel Manager informs the Partner about any intended changes regarding the addition or replacement of other processors, thus giving the Partner the opportunity to object to such changes,
e. for the processing of personal data only by persons obliged to keep confidential or subject to the relevant statutory obligation of
f. take all measures required by art. 32 GDPR.
g. to help the Partner through appropriate technical and organizational measures to meet the obligation of responding to requests of the data subject in the exercise of his rights set out in Chapter III of the GDPR,
h. taking into account the nature of the processing and available information, help the Partner meet the obligations set out in art. 32-36 GDPR,
i. after the completion of the provision of services and the expiry of the deadline set out in these Regulations, depending on the Partner’s sole decision, delete or return any personal data and delete any existing copies thereof, unless separate provisions order the storage of personal data,
j. share with the Partner all information necessary to demonstrate compliance with the obligations set out in this paragraph and enable the Partner or the auditor authorized by the Partner to carry out audits, including inspections, and contribute to them; The Partner undertakes to exercise control rights primarily in a remote manner, by submitting relevant queries, with a 30-day deadline for notifying about the planned inspection and the entity authorized to carry it out; Travel Manager immediately informs the Partner if in his opinion the issued order constitutes a violation of the provisions on data protection.
NEWSLETTER AND COOKIES
1. Travel Manager may send a newsletter to the Partner if he agrees. The Partner may unsubscribe the newsletter at any time by clicking on the link in each of the sent messages.
DURATION OF THE CONTRACT
1. Travel Manager is entitled to terminate the contract for the provision of services indicated in the Regulations with immediate effect in the event of a breach of the provisions of the Regulations by the Partner. Travel Manager may terminate the service provision agreement also when the Partner ceases to conduct business, including commencement of liquidation, insolvency and bankruptcy.
2. Both Travel Manager and Partner are
entitled to terminate the service agreement without giving a reason, with a week’s notice. The termination is effective if it has been submitted to the other party in the form of an e-mail.
3. After the termination of the contract, the Partner is obliged to immediately stop using the services and all data provided by Travel Manager.
4. Termination of the contract results in the removal of the Partner Account.
CONFIDENTIAL BUSINESS INFORMATION AND THE CONFIDENTIAL CLAUSE
1. Travel Manager and Partner are obliged to keep the content of these Regulations, rates of remuneration and Travel Manager’s information in confidentiality, except when disclosure is necessary to provide services specified in the Regulations
2. The confidentiality obligation is in force for the time of providing services as well as the cooperation ends.
COPYRIGHT AND LICENSE
1. The System and its parts, individual texts and graphics may be legally protected; The System may contain trademarks and other intangible assets protected by intellectual property rights, as well as documents protected by copyright. They cannot be copied or used without Travel Manager’s permission, outside the lawful use, according to the law.
2. All content contained in the System, including the appearance and solutions in the System and its infrastructure, are the work and are protected by copyright.
3. The Partner may use the content in the System only in the range of permitted personal use. It is forbidden to copy and use all or part of the System; sharing via hyperlinks and deep links; publishing, promoting, selling or using in any other way content from the System, for purposes beyond the range of permitted personal use.
4. As part of the provision of services specified in the Regulations, Travel Manager shares the System to the Partner.
5. On the grounds of these Regulations, Travel Manager grants the Partner the right to use the System on a non- exclusive, non-legally and time-limited license, without territorial restrictions, on the area of exploitation on computers and other devices connected to the Internet.
6. The Partner has no right to grant any licenses or sub-licenses for the use of copyrights to the System without the consent of Travel Manager.
7. The remuneration indicated in § 8 also includes rights under the license referred to in this paragraph.
The Parties shall not be liable for ceasing to perform the provisions of these Regulations, if this is a result of force majeure. By force majeure, these Regulations are understood as extraordinary natural phenomena, such as earthquakes, floods, hurricanes, as well as man- made events, e.g. warfare or violent riots, and acts of public authority to be subordinated to. Force majeure is an extraordinary and external event
2. The agreement between Travel Manager and the Partner enters into force at the moment of acceptance of the Regulations by the Partner and supersedes all previous arrangements between the Travel Manager and the Partner, both written and oral.
3. All disputes or claims arising from or relating to the provision of the services described herein and the performance of the provisions of these Regulations are subject to Polish law and the
jurisdiction of the Polish court competent for Travel Manager.
4. Any changes to the Regulations will be submitted to the Partner when logging into the System. In the absence of acceptance of amendments to the Regulations, the Partner has the right to terminate the contract with immediate effect.
5. The Partner is entitled to preserve or record these Regulations in any form, solely for purposes related to the performance of the provisions of these Regulations.