BEST PRICES. BEST OFFER.

I. Preliminary provisions

1.1. These Terms and Conditions constitute a contractual template for reservations and define the rights and obligations of the Hotel and the Client.

1.2. To make a reservation, one is required to fill in the form and read and accept the provisions of the Terms and Conditions, and make payment.

1.3. The Client makes the reservation voluntarily. The Hotel does not charge a reservation fee.

1.4. The Terms and Conditions are valid for reservations made from 10.05.2023r.

1.5. The following terms used in the Terms and Conditions shall have the meaning established according to the following definitions:

1.5.1. Customer – a natural person who is at least 18 years of age with a full legal capacity (consumer) or, in the case of a reservation made for a company, a person who, in connection with their profession or service provided to a legal person and/or an organizational unit not being a legal person and to which the law grants legal capacity, makes a reservation in their name and on their behalf (not a consumer);

1.5.2. Hotel – BERGO Resort & Spa, ul. Okrzei 17 Szklarska Poręba managed by Street: Mińska 25, 03-808 Warszawa, Tax ID: 1132977442, Email: recepcja@bergohotel.pl, Phone: 75 303 10 00;

1.5.3. Online Payments – online payment methods made available to the Customer by the Hotel as part of the booking process.

1.5.4. Terms and Conditions – these Terms and Conditions.

II. Technical requirements

2.1. Making a reservation requires connection to the Internet and an e-mail account, on which an e-mail confirming the reservation (in case the reservation process is completed) or an e-mail notifying of the discontinuation of the reservation (in case of non-completion of the reservation process) is sent.

2.2. For assistance or answers to any questions, please contact the Hotel directly.

III. Reservation

3.1. THE MOMENT OF MAKING A RESERVATION: A reservation is considered made the moment the Hotel accepts the reservation request – by sending an e-mail to the Customer confirming the reservation. If you do not receive an e-mail, please check SPAM messages or contact the Hotel.

3.2. CHANGING RESERVATION: Changing a reservation by the Customer involves the following steps:

3.2.1. a message sent to the customer will contain a link to make the modification,

3.2.2. selecting the above option will launch the reservation management system in the web browser. The reservation management system will allow cancellation and/or modification of the reservation, depending on the conditions of the booked offer.

3.2.3. After sending a modification request, depending on the offer configuration, it will be accepted automatically, or sent to the Hotel to confirm the status. Please note that until the Hotel is contacted and the modification is confirmed by the Hotel, the modification is not completed.

3.3. DECLINING A RESERVATION: The Hotel reserves the right to refuse to make a reservation if there are no vacant rooms in the Hotel. In such a case, the Client will automatically receive a message to the Client’s e-mail address provided during the reservation process informing the Client that the reservation cannot be made.

3.4. CANCELLING RESERVATION: Cancelling a reservation by the Customer involves the following steps:

3.4.1. selecting the “Modify” option in the message sent to the Customer to confirm the reservation,

3.4.2. selecting the above option will launch the reservation management system in the web browser. In the reservation management system, select the “Cancel” option and write the reason for cancellation,

3.4.3. after making a cancellation, the Customer will receive a message, to the e-mail address provided in the course of the reservation, including confirmation of the cancellation, and in the case of a free-of-charge cancellation and prior payment for the reservation, the amount paid will be refunded to the Customer to the account used to pay for the reservation. Please note that receipt of cancellation confirmation is equivalent to a cancellation of the reservation. If you do not receive a cancellation confirmation, please check your SPAM folder and contact the Hote

3.5. RESERVATION NOTES: The comments entered in the form are by no means binding on the Hotel. The Hotel does not guarantee their fulfilment. The Hotel reserves the right to contact the Customer by e-mail or telephone to discuss them and to inform the Customer about the payment (both in advance and on the day of arrival) if the fulfilment of the comments/requests requires it and their implementation only after the Hotel’s and Customer’s approval.

3.6. EXTRAS: The extras selected in the reservation are binding on the Hotel and if it is necessary to deliver tothe room, such delivery shall be made to the room no later than upon Customer’s arrival, unless the Customer and the Hotel agree otherwise by separate arrangement. In case of personalization of an additional feature, please contact the Hotel in advance to determine the possibility of personalization (e.g. choice of types of flowers, colour, etc.).

3.7. PAYMENT: The Customer can pay for the reservation using Online Payments. The order carries an obligation to pay.

3.8. CANCELLATION TERMS & CONDITIONS: Reservations can be canceled free of charge up to 7 days before arrival. In this case, the advance paypayment paid will be refunded. If you cancel your booking after this time or if you do not show up at the Hotel on the day of arrival, the advance payment will not be refunded. In order to guarantee the reservation, you must provide your credit card details or make a 40% advance payment via the online payment system.

IV. Staying at the hotel

4.1. The terms and conditions for staying at the hotel are outlined in separate terms and conditions of the Hotel.

4.2. The booking terms and conditions apply directly and take precedence in the event of any inconsistency with the Hotel’s terms and conditions.

4.3. The terms and conditions of the reservation are sent by e-mail with the confirmation of the reservation.

V. Rights and obligations

5.1. The Customer agrees to comply with the terms and conditions of the Hotel, including but not limited to the Hotel’s terms and conditions, to pay all charges on time, and to follow all guidelines, rules, and restrictions, especially those imposed by law or recommendations of relevant authorities and services in effect at the Hotel.

5.2. The customer is obliged to use authentic data, including personal data, which the customer is entitled to use.

5.3. The Customer undertakes not to take any action that is inconsistent with the provisions of generally applicable law or best practices.

5.4. The Hotel undertakes to fulfil the terms of the reservation made.

5.5. The Hotel reserves the right to block the e-mail address of the Client who has violated the provisions of the Terms and Conditions or the law.

VI. Liability

6.1. The Customer is solely liable for the choice of the reservation and its suitability for his own needs and the persons for whom he is making the reservation.

6.2. The Customer is liable for their acts and omissions, including providing incorrect information or failing to comply with the Terms and Conditions.

6.3. Neither the hotel nor the supplier of the booking engine on the website is liable for the interruption of the reservation process at the stage of filling the form or the so-called abandonment of the shopping cart (failure to complete the reservation) by the Customer. The Customer is required to start filling in the reservation form again.

6.4. Departure before the reserved check-out date does not affect the price and is equivalent to a charge according to the terms of the reservation made.

6.5. Neither the hotel nor the provider of the booking engine on the website is liable for:

6.5.1. the Customer entering incorrect data,

6.5.2. no Internet access or limitations in its availability,

6.5.3. limitations and/or malfunctions of the software or devices belonging to the Customer, which are the basis for making reservations,

6.5.4. damages incurred by the Customer, and profits lost by the Customer, which are caused by acts and/or omissions of third parties, and which were beyond the Hotel’s control,

6.5.5. incurred damages and profits lost by the Customer caused by the occurrence of force majeure,

6.5.6. payments made using Online Payments.

6.6. Exclusions or limitations of liability stipulated in the Terms and Conditions do not apply in cases where, due to the content of mandatory provisions of law, it is not possible to exclude or limit liability, in particular, they do not apply to damages caused intentionally.

6.7. All claims are subject to the statute of limitations according to applicable law.

VII. Complaints

7.1. The Customer has the right to file a complaint and its consideration by the Hotel within the statutory period of 14 days from its receipt. Complaints should be submitted by mail or electronically to the Hotel’s address. The complaint should contain the following details of the Client: name, surname, Client’s address, the e-mail address provided at the time of booking, and a description of the problem that occurred.

7.2. Immediately after processing the complaint, the Hotel will respond to the customer regarding the resolution. The response will be sent in the same form the complaint was submitted.

VIII. Personal data and privacy

8.1. The rules of personal data processing and privacy terms and conditions are specified in the Privacy Policy on the Hotel’s website.

IX. Final provisions

9.1. The Hotel has the right to make changes to the Terms and Conditions and they are effective upon updating in the booking engine on the website, with the reservation that the Customer who has made a reservation is bound by the Terms and Conditions in force on the date of their acceptance.

9.2. If an individual observes a violation of the law, that individual is required to contact the Hotel.

9.3. For matters not regulated in the Terms and Conditions, the relevant provisions of Polish law or/and regulations relevant to the consumer’s place of residence shall apply.

9.4. In case any provision of the Terms and Conditions is amended and/or invalidated by a final court decision, the remaining provisions of the Terms and Conditions shall remain in force. The Facility declares its willingness to resolve disputes amicably, including pursuing claims through non-judicial ADR (Alternative Dispute Resolution). In this case, please submit complaints via: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL . The authorized entity to which the complaint can be addressed rests upon the consumer’s choice. You can find the register of such entities in Poland with their contact details and website address here: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php Any disputes between the Hotel and a Customer who initiated a reservation or completed a reservation not as a consumer will be resolved by the court having jurisdiction over the seat of the Hotel.

9.5. The applicable law is Polish law, and the Polish version of the Terms and Conditions is the basis for interpretation.