TERMS AND CONDITIONS OF YOUBID SERVICE PROVISION
approved on 31 March 2019
effective since 31 March 2019
The terms defined below used further in the document shall have the following meaning:
APP – “YouBid” app (mobile application) available on GooglePlay, Apple App Store, Microsoft Store and other official app stores, developed by YOUBID, “YouBid” is a registered trademark protected by copyright;
BID – an inquiry made by the GUEST in the APPLICATION, in response to which the HOTEL presents its OFFER in order to conclude an AGREEMENT;
GUEST – a person having a user account in the APP, concluding an AGREEMENT through the APP;
HOTEL – an entity providing a HOTEL SERVICE on the basis of a VOUCHER on general terms provided for in the OFFER and the TERMS AND CONDITIONS;
LICENSE – a document specifying the terms and conditions of the use of the APP by third parties (End User License Agreement), with its full text available in the APP;
OFFER – a proposal of the terms and conditions on which a GUEST and the PARTNER may conclude an AGREEMENT, presented by a HOTEL in the APP on the basis of a BID;
PARTNER – YOUBID or a third party authorised by YOUBID to conclude AGREEMENTS in a particular country;
YOUBID TERMS AND CONDITIONS – this document;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (EU Official Journal L no. 119);
AGREEMENT – a hotel service provision agreement entered into by the GUEST and the PARTNER;
HOTEL SERVICE – a service provided on the basis of a VOUCHER acquired in the APP, based on the provision of accommodation to persons indicated in a VOUCHER on the terms specified in an OFFER;
VOUCHER – a personal document constituting a confirmation of the AGREEMENT, generated in the APPLICATION, based on which the HOTEL provides HOTEL SERVICES to the person specified therein – the GUEST or a third person (by disclosure of the VOUCHER including the name, surname, and e-mail address of the authorised person);
YOUBID – YOUBID Sp. z o.o. with its registered office in Gliwice, Poland, entered into the National Court Register under KRS no. 0000746609.
- The TERMS AND CONDITIONS specify the terms and conditions of provision of services, including services provided electronically.
- The TERMS AND CONDITIONS shall be prevailing for all services provided by the PARTNER through the APP. By using the APP, a GUEST declares that they have acknowledged the TERMS AND CONDITIONS and accepts its provisions.
- The APP with its system of concluding AGREEMENTS is a property of YOUBID and is made available solely for consumer use (B2C). The use of the APP or the system of concluding AGREEMENTS by businesses (B2B) requires a prior written consent of YOUBID, under pain of invalidity. Any resale of the contents of the APP, deep linking or any use incompatible with the LICENSE is prohibited.
- The APP does not offer the provision of any services by consumers to other consumers (C2C).
- The APP is a tool enabling the conclusion of AGREEMENTS between a GUEST and the PARTNER. AGREEMENTS may authorise a GUEST or a specified third party to request the provision of HOTEL SERVICES; in an event where a GUEST indicates a third party as the beneficiary of the HOTEL SERVICES, the GUEST shall be held responsible for the actions or negligences of the third party specified in a VOUCHER. AGREEMENTS are concluded with a disclaimer that the HOTEL SERVICES are not provided directly by the PARTNER, but are provided by a third party – a HOTEL. However, the PARTNER shall be held responsible for the actions and negligences of the HOTEL as it would be held responsible for its own actions and negligences. A person authorised for settling claims for damages, regardless of the person indicated on the VOUCHER, is the GUEST (as a party of the AGREEMENT), however the third person indicated in the VOUCHER shall be entitled to request the provision of HOTEL SERVICES directly to themselves, as well as shall be entitled to seek damages on general terms. AGREEMENTS are concluded on the basis of OFFERS placed in the APP by HOTELS – for the avoidance of doubt, it shall be clarified that the OFFERS shall not be understood as an obligation of a HOTEL to conclude an AGREEMENT with a GUEST, but as a proposal of the terms on which the GUEST may conclude the AGREEMENT with the PARTNER.
- Any obvious misprints and mistakes in writing present in the TERMS AND CONDITIONS, a VOUCHER, an OFFER or the LICENSE shall not be binding.
MANNER OF ACQUISITION OF A VOUCHER – CONCLUDING A HOTEL AGREEMENT
- The use of the APP in a manner enabling the conclusion of AGREEMENTS and securing the status of a GUEST shall be possible solely upon:
- downloading the APP from an official source;
- carefully reading and accepting the:
- TERMS AND CONDITIONS;
and installing the APP;
- creation of a GUEST account in the APP, with a unique password protecting the access to the APP. It shall be prohibited to disclose the password to third parties, as well as to create more than one account by one person. A GUEST shall be held responsible for any actions done through their account.
- The creation of a GUEST account requires the submission of the following information: (i) name and surname, (ii) e-mail address (to which an activation link will be sent). The APP does not require the submission of any other personal data, subject to the fact that the PARTNER shall be entitled to request the submission of additional personal data (in particular: address, scan of an identification document, banking account number), provided that the prevailing provisions of law (in particular, provisions on prevention of money laundering and financing of terrorism) oblige the PARTNER to do so. In such cases, failure to submit the indicated information shall result in a suspension of the account in the APP until the user successfully submits all of the personal data required by the universally applicable provisions of law. The suspension of an account shall be equivalent to the suspension of the right of a GUEST or a third party to request the provision of HOTEL SERVICES. In such case, the PARTNER shall not be obliged to return the payment, regardless of the sum, and shall not be held responsible for any damages (actual, direct, indirect, possible, or lost profits) suffered by a GUEST or a third party.
- The conclusion of an AGREEMENT, on the basis of which a GUEST acquires a VOUCHER enabling them to request the provision of HOTEL SERVICES by a HOTEL to them or to an indicated third party, shall take place solely through the APP. Any derogations from the conditions provided for in the TERMS AND CONDITIONS, regardless of their form, shall be invalid and shall not result in a conclusion of binding relationships between the PARTNER and a party.
- The conclusion of an AGREEMENT, on the basis of which a GUEST acquires a VOUCHER enabling them to request the provision of HOTEL SERVICES by a HOTEL to them or to an indicated third party, shall take place as follows:
- A GUEST places a BID in the APP, specifying the expected terms of provision of HOTEL SERVICES (the APP includes suitable fields and boxes to be filled or ticked by the GUEST), as well as the expected time of waiting for an OFFER (min. 30 minutes, max. 120 minutes) – NOTE! Upon the end of the waiting time, the OFFERS expire (i.e. a conclusion of an AGREEMENT on the basis of the OFFERS is impossible);
- Upon a short period of time, the APP presents to the GUEST all OFFERS placed by HOTELS – the OFFERS are presented in packages, provided that more than one OFFER has been placed on the basis of a single BID. Shall there be no OFFERS, the APP displays a suitable information;
- THE PRICE OF A HOTEL SERVICE SHALL NOT BE LOWER THAN 120.00 PLN AND SHALL NOT BE HIGHER THAN 1,200.00 PLN. THE PRICE SPECIFIED IN AN OFFER INCLUDES VAT, SALES TAX AND ANY OTHER GOVERNMENT AND PUBLIC AGENCY CHARGES (EXLUDING LOCAL CHARGES), AS WELL AS A FEE FOR THE PARTNER AND A REMUNERATION FOR A HOTEL DUE TO THE PROVISION OF HOTEL SERVICES, SUBJECT TO THE FACT THAT THE PRICES MAY BE INCREASED BY ADMINISTRATION FEES AND FEES FOR ADDITIONAL SERVICES, E.G. PARKING SPOTS – PAID DIRECTLY UPON THE ARRIVAL TO A HOTEL – PROVIDED THAT THE OFFER EXPLICITLY STATES THAT SUCH FEES MAY BE COLLECTED. IN AN EVENT WHERE, DESPITE THE OFFER NOT INCLUDING DISCLAIMERS INFORMING OF POSSIBLE COLLECTION OF ADDITIONAL FEES, A HOTEL WILL REQUEST ANY ADDITIONAL PAYMENT, PLEASE CONTACT THE PARTNER IMMEDIATELY (TELEPHONE NUMBERS ARE INDICATED IN THE APP).
- When a GUEST chooses an OFFER, the conclusion of an AGREEMENT requires the payment of a full requested sum (without administration fees and fees for additional services, paid upon the arrival); NOTE! An AGREEMENT is concluded solely upon the payment of the indicated price; until the payment is settled, the selection of an OFFER in the APP shall not be equivalent with a conclusion of an AGREEMENT or with the booking of a room – the price has to be paid until the end of the waiting period specified in item a. above;
- simultaneously with the payment of a price specified in an OFFER, an AGREEMENT is concluded between a GUEST and the PARTNER, on the basis of which a GUEST acquires a VOUCHER enabling them to request the provision of HOTEL SERVICES by a HOTEL to them or to an indicated third party, on the terms and conditions specified in the OFFER.
CHANGE OF TERMS AND CONDITIONS OF PROVISION OF HOTEL SERVICES, CANCELLATION OF AN ARRIVAL, FAILURE TO ARRIVE TO A HOTEL
- A change of the data of a person indicated in a VOUCHER is possible solely through the APP and solely if a HOTEL agrees for such action. The PARTNER does not guarantee that the change of data will be possible in any case; any change of the data on a VOUCHER done in a manner other than through the APP is invalid and shall not result in any relationship with the PARTNER.
- A cancellation of an arrival to a hotel shall be possible solely when an OFFER and a VOUCHER enable such action, specifying the conditions of the return of the price paid – NOTE! The PARTNER DOES NOT GUARANTEE THAT, IN AN EVENT OF A CANCELLATION OF THE ARRIVAL TO A HOTEL, THE ENTIRETY OF THE PAID PRICE WILL BE RETURNED TO A GUEST – THE DETAILED CONDITIONS OF CALCULATION OF THE RETURNED SUM ARE INCLUDED IN AN OFFER OR ON A VOUCHER.
- Failure to arrive by a person indicated in a VOUCHER, without prior cancellation of the arrival in the manner specified in an OFFER or on a VOUCHER, or arrival of a person other than the person indicated on a VOUCHER, shall not entitle for any return of the price paid; a GUEST shall be responsible for careful submission of data of an authorised person, in particular for the submission of their name and surname as present on their identification document used during a registration at the reception in a HOTEL; a HOTEL is entitled to refuse the provision of HOTEL SERVICES to a person whose personal data present on their identification document are not identical to the data specified on a VOUCHER – in such case, a GUEST shall not be entitled to receive a return of any part of the price, and the PARTNER shall not be held responsible for the damages (actual, direct, indirect, possible, or lost profits) suffered by a GUEST or a third party indicated on a VOUCHER as a result of the refusal of provision of HOTEL SERVICES.
- Every HOTEL providing HOTEL SERVICES complies with all requirements specified in the universally prevailing provisions of law, and in particular has all required concessions, licenses and permits.
- The APP enables the conclusion solely of an AGREEMENT for the provision of HOTEL SERVICES. Conclusion of an agreement for the provision of any other services, in particular of TOURISM SERVICES is prohibited, and in a case when such agreement is concluded, it shall be invalid and shall not result in any legal relationships with the PARTNER. Provision of any additional services not constituting HOTEL SERVICES shall take place without the participation of the APP or the PARTNER, and any suitable agreements shall be concluded solely between a GUEST and HOTEL. The PARTNER shall in no way encourage, enable or be held responsible for such agreements, in particular for their execution, improper execution or non-execution.
- The PARTNER does not guarantee a minimal level of availability of the APP. It is possible to introduce unannounced technical breaks in its functioning. The PARTNER shall not be held responsible for the damages resulting from unavailability of the APP, regardless of the reason. A GUEST shall be obliged to have a copy of a VOUCHER and of other documents specifying the conditions of provision of HOTEL SERVICES, enabling for accessing them outside of the APP, in particular in the form of screenshots.
- The payment mechanism shall be managed by the payment operator – payment operators are e.g.: ING Bank Śląski with its registered office in Katowice, Poland, Blue Media S.A. with its registered office in Sopot, ………
- The payment for a TOURISM SERVICE is equivalent with the conclusion of an AGREEMENT. A GUEST shall be obliged to pay the entirety of the price up front, in a manner specified in the APP. Payment for a HOTEL SERVICE upon the provision of the service or upon the arrival to a HOTEL is impossible.
- Terms and conditions of provision of payment services by ING BANK ŚLĄSKI are available on the website of ING BANK ŚLĄSKI.
- Terms and conditions of provision of payment services by BLUE MEDIA are available on the website of BLUE MEDIA.
- The PARTNER permits the following payment methods:
- on-line payment through the platforms made available by particular payment operators (instant transfers);
- payment by a payment card:
- Visa Electron;
- Master Card;
- Master Card Electronic;
- wire transfer of funds from a banking account;
- The PARTNER reserves the right to at any time disallow or suspend the use of one or a part of one of the above payment methods in respect to one, multiple or all OFFERS. In such event, the PARTNER shall not be held responsible for such actions. The currently available payment methods are visible for particular OFFERS in the APP.
- Funds are transferred directly to the account of the PARTNER, from which the PARTNER is subsequently required (in accordance with the conditions specified in an agreement concluded between the PARTNER and a HOTEL) to transfer the funds to a HOTEL due to HOTEL SERVICES. The PARTNER shall be responsible for the payment of the price in the specified period, as well as for any damages suffered by a person indicated in a VOUCHER caused by any negligences in this scope.
- The payment operator performs its services in real time.
- The PARTNER shall be held responsible for the actions and negligences of the payment operator.
- In an event where it is suspected that the payment was done using a stolen or lost payment or credit card, the complaint proceedings shall be conducted by the payment operator.
- YOUBID shall not be held responsible for damages resulting from improper use of a payment or credit card. YOUBID shall be informed immediately of such event.
- The PARTNER shall be obliged to issue all documents concerning the settlement of the payment, in particular bills or VAT invoices, in a manner and periods specified by the universally prevailing provisions of law.
- In case of a necessity of return of funds, the PARTNER shall perform the refund using the same payment manner as used by a GUEST during the original payment, unless the GUEST explicitly agreed for other refund payment method which would not incur additional costs.
REGISTRATION AT A HOTEL
- Upon arrival to a HOTEL, the person indicated on a VOUCHER shall undergo the process of registration in accordance with the policy accepted at a particular HOTEL.
- Registration at a HOTEL, in particular filling any documents, shall not impact the AGREEMENT on the basis of which the HOTEL is obliged to provide HOTEL SERVICES, and in particular shall not result in a conclusion of a subsequent agreement – directly between the aforementioned person and the HOTEL. A VOUCHER constitutes a substantial basis for receiving a HOTEL SERVICE from a HOTEL; however, the HOTEL shall not be entitled to collect the aforementioned personal data (the HOTEL becomes the administrator of the personal data included in the aforementioned documents – the PARTNER in no way processes the personal data).
- The person indicated in a VOUCHER shall be entitled to request the provision of HOTEL SERVICES directly from a HOTEL and directly to themselves.
SETTLEMENT OF DISPUTES
- Any disputes or claims against the PARTNER shall be lodged immediately, no later than 30 days from the moment when a substantial basis for the formulation of such disputes and claims arises, under pain of loss of the dispute or claim.
- The PARTNER informs that GUESTS from the European Economic Area are entitled to submit a request to settle any dispute related to the execution of the AGREEMENT or the provision of TOURISM SERVICES through the online dispute resolution platform of the European Commission, available on http://ec.europa.eu/odr. Nevertheless, we strongly encourage GUESTS to inform the PARTNER of any problems and contact the customer service department in case of complaint proceedings. Complaints may be submitted through the e-mail address: email@example.com. The PARTNER undertakes to immediately respond to any complaint, no later than 21 days upon its submission. A complaint shall include a detailed description of the event. The PARTNER is entitled to request a more detailed description of the event.
- The governing law for AGREEMENTS is solely the Polish Law, any disputes related to the execution of AGREEMENTS are settled solely through Polish courts – the appropriate court is the Court in Gliwice.
- The PARTNER is responsible solely for the actual damages – directly resulting from the execution of an AGREEMENT, subject to the fact that its responsibility may not exceed ten times the price paid by a GUEST for a HOTEL SERVICE, the execution of which is related directly with the damages. Limitation of liability includes all events, regardless of whether they result from infringements of the conditions of an agreement or from the universally prevailing norms and regardless of the type of liability and degree of fault of the PARTNER or third persons (for the actions of which the PARTNER shall be held responsible). The PARTNER shall not be held responsible for indirect and possible damages, as well as for lost profits.
- The above reservations are without prejudice to the rights of GUESTS or third persons granted by the provisions of law prevailing in their place of residence. In particular, GUESTS from European Economic Area are entitled to execute all rights granted through the prevailing provisions (in particular in the scope extending the consumer protection), as well as to institute legal proceedings in accordance with the suitable provisions.
- The PARTNER does not grant any guarantees of usefulness of SERVICES for further purposes
INTELLECTUAL PROPERTY RIGHTS
- The APP and all other software used for concluding AGREEMENTS are protected due to copyright and other intellectual property rights. The exclusive owner of all related rights is YOUBID. None of the provisions of the TERMS AND CONDITIONS or the LICENSE may be understood as partial or full transfer of such rights to third parties.
- It shall be prohibited to interfere with the source code or any other components of the APP, as well as to copy, use or publish the APP in any manner without prior written consent of YOUBUD (under pain of invalidity).
- The detailed license conditions are included in a separate document available in the APP – the LICENSE.
- The APP enables submission of opinions and reviews. Submission of any audio-visual work (photography, video or copyrighted text) is equivalent with submission of a declaration of ownership of copyright to that work in the scope enabling such use of it, as well as with the granting of a gratuitous, non-exclusive, global and indefinite license to YOUBID, without right to prior termination (in the scope permitted by the prevailing provisions of law), in the fields of exploitation including the use of the work in the APP, publishing, copying, publicly displaying on an unlimited number of devices, and sharing, including the right to grant sublicenses on equivalent conditions. YOUBID in no way becomes the owner of the audio-visual work submitted by third persons. Such persons shall be held responsible for any infringement of copyright, as well as for exemption of YOUBID from any liability and substituting YOUBID in any legal proceedings related to such infringement. YOUBID reserves the right to remove any contents submitted by third persons without giving any reason, without prior notice and without the necessity to pay any damages in this regard.
PERSONAL DATA PROTECTION
- Subject to Section 3(2) of the TERMS AND CONDITIONS, the only data processed in the APP are name, surname, e-mail address, history of actions and, upon granting consent, location data of a GUEST or a third person; such data constitute personal data. The administrator of the personal data is the PARTNER.
- In order to ensure the highest level of protection of personal data, the PARTNER has implemented all means of protection of personal data required by the prevailing provisions of law.
- The personal data of GUESTS or of third persons are transferred to HOTELS and to payment service providers.
- YOUBID is entitled to unilaterally amend the TERMS AND CONDITIONS at any time. Every GUEST shall be informed at least 14 days in advance of a proposed amendment of the TERMS AND CONDITIONS in an e-mail sent to the e-mail address submitted during the registration of an account in the APP. All GUESTS may object against the amendments through an e-mail message sent to the e-mail address: firstname.lastname@example.org. An objection results in revoking the acceptance of the TERMS AND CONDITIONS and in removal of an account in the APP; all VOUCHERS bought until then are still valid and are realised in accordance with the terms prevailing for the moment of their purchase. Lack of objections results in automatic acceptance of the amendments to the TERMS AND CONDITIONS.
- The TERMS AND CONDITIONS document was originally drawn up in Polish language, and has been subsequently translated to other languages. In case of discrepancies between the language versions, the Polish version shall prevail.
- In an event where YOUBID is not the PARTNER, YOUBID declares that the entity acting as the PARTNER shall be held responsible for its actions and negligences.
- A GUEST, acting as a consumer, shall be entitled to withdraw from the AGREEMENT concluded through the APP (a distance agreement) on the terms determined in the prevailing provisions of law, without providing any reason. A withdrawal from the AGREEMENT shall be effective upon sending a suitable declaration to the e-mail address: email@example.com. The right described herein is limited or excluded in the scope permitted by the provisions of law prevailing for a GUEST.