Terms

Clove Island Makunduchi booking conditions via hotres.pl

1. Reservation
The reservation is made via the HOTRES.pl system
The reservation is considered confirmed upon payment of the reservation fee. Failure to pay the reservation fee within the agreed period will result in the automatic cancellation of the reservation.
The payment of the reservation fee should be made within 3 calendar days from the date of making the reservation or at another, individually agreed date by transfer to the account: Express Profit sp. Z oo, account number: Alior Bank PL 73 2490 0005 0000 4600 1772 2661 (for foreign transfers BIC / SWIFT CODE: ALBPPLPW), in person at the facility or by credit card payment.
In the title of the transfer, please enter the booking number and surname, date of stay and telephone number of the booking person.
If you choose to pay with a credit card as the payment method, the Administrator will independently collect funds from the customer’s card. In the case of a non-refundable booking, the Administrator will charge the full booking price (100%). The fee may be charged at the time of booking. For a returnable booking, payment will be made in two installments. 50% of the price will be charged as the first installment and another 50% of the booking price as the second installment. Payment of the first installment may be collected at the time of booking, and the second installment within 30 days prior to the planned date of stay.

2. Cancellation and changes to the booking
In order to cancel or change a reservation made, please contact us by phone: +48 728 498 069 or in writing to the e-mail address: hello@cloveisland.com.
The resignation from the stay is not subject to payment only in the case of a return reservation canceled at least 30 days before the planned date of commencement of the stay. If the booking is canceled less than 30 days prior to arrival, i.e. between the 29th and the day of arrival, the client will be charged 50% of the total booking price.

3. Complaints
All complaints regarding the stay should be sent by e-mail to the following e-mail address: hello@cloveisland.com

4. Personal data
The Guest’s personal data is collected for the purposes of the booking process / issuing a sales document. Providing personal data is voluntary, but necessary for the booking process.
The guest has the right to access their personal data, the right to rectify it, delete it, as well as the right to limit its processing.
Optional consent of the Guest to the processing of data for marketing purposes requires selecting the appropriate ‘checkbox’ in the booking process. This consent may be withdrawn by sending an appropriate message to the e-mail address: hello@cloveisland.com
The detailed purposes and scope of personal data processing in the Hotres system are set out in the appendix.

Administrator’s obligations
1. The Administrator ensures that the Guest’s personal data is not disclosed to third parties and in this respect will take the necessary measures and ensure that his knowledge and experience are used to implement the said provision.
2. The Administrator retains the right to disclose personal data to authorized entities (Subprocessors) and in the cases provided for by generally applicable law. In particular, this applies to entities such as: online payment systems and reception software.
3. The administrator is obliged to keep the secret and confidentiality of information obtained in order to complete the booking process. The undertaken obligation remains in force indefinitely.

Liabilities of Hotres.pl
1. Hotres.pl, as the Entity processing the Guest’s personal data, ensures the implementation of appropriate technical and organizational measures, as well as additional IT security, based on proven servers and systems for the processing of personal data in services provided electronically.
2. Hotres.pl declares that the IT systems used to process personal data meet the requirements of applicable law, in particular they are protected to a high degree within the meaning of the Regulation of the Minister of Internal Affairs and Administration of April 29, 2004 on the documentation of personal data processing and technical and organizational conditions to be met by devices and information systems used to process personal data.
3. Subcontractors and employees of Hotres.pl will be duly authorized to process personal data in connection with the booking process, to which the Administrator and the Guest agree.
4. In order to ensure the highest security in the storage of personal data in accordance with the requirements of the GDPR, Hotres.pl is obliged to:
a) encryption and anonymization of the transmission of personal data
(b) continuing to ensure the confidentiality, integrity, availability and resilience of processing systems and services
(c) the ability to quickly restore the availability and access to personal data in the event of a physical or technical incident
d) to regularly test, measure and evaluate the effectiveness of technical and organizational measures to ensure the security of data processing.

Final Provisions
The administrator is entitled to make changes to the provisions of the Regulations at any time and depending on his own decision. In particular, it may amend the provisions of these Regulations in the event of:
1.the need to adapt the Regulations to the mandatory provisions or to changes in legal provisions affecting the content of the Regulations;
2. the necessity to adapt the Regulations to a recommendation, interpretation, ruling, decision or decision of a public authority or a court ruling affecting the content of the Regulations;
3. expansion or changes to the functionality of Hotres.pl
All data provided in the forms will be kept confidential and will not be shared with other entities. These data will be processed only for the purposes of making the reservation. These data will be stored and properly protected against access by unauthorized persons, in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 1997, No. 133, item 883). If the client agrees, Clove Island Makunduchi has the right to send the Newsletter and information about promotions and new products at the hotel to his e-mail address. Of course, you have the right to inspect your personal data and update it or request its removal.
5. Data of the internet point of sale
Full name, address of the headquarters and tax identification number of the company:
Express Profit sp.z o.o., ul. Paderewskiego 48, 25-502 Kielce
NIP: 959-196-70-22, REGON: 363063048
Contact details of the place acting as a customer service office:
Express Profit sp.z o.o.
ul. Paderewskiego 48, 25-502 Kielce
Tel: +48 728 498 069
Email: hello@cloveisland.com
6. Settlement of transactions by credit card and e-transfer
Settlements of transactions by credit card and e-transfer are carried out via the Dotpay Settlement Center. Dotpay guarantees the security of transactions using an encrypted connection: SSL certificate with extended validation with 256-bit encryption, which guarantees the highest standard of website owner authentication.

 

TERMS OF USE OF THE CLOVEISLAND.COM WEBSITE

 

I. Definitions

1. Administrator — a capital commercial law company under the name Expres Profit sp.z o.o. based in Kielce (hereinafter referred to as Express Profit), at ul. Paderewskiego 48, 25-502 Kielce, entered into the Register of Entrepreneurs kept by the District Court in Kielce, 10th Commercial Division of the National Court Register under the number KRS 0000588190, with share capital of PLN 300 0000.00, NIP: 9591967022, e-mail address: contact @ res.express

2. Capital Group — Companies related by capital to Express Profit, where the parent company is Prometeusz Finanse Sp. z o.o.

3. Cooperating Entity — companies not related by capital to Express Profit, but with which the Capital Group has separate cooperation agreements, which, via the Website / Portal, may offer and provide Paid Services to Users as part of their business activities.

4. Account / Customer Profile / User Account — a part of the Portal made available individually to the User by the Administrator, used for the use of the Services and collecting information about the User’s products, containing personal data provided by him, secured with an access password and login, grouping information about the User’s activities on the Portal; The account is available to the User after registering on the Website / Portal and entering the login and password by the User.

5. Website / Portal / Website — a website administered by the Administrator maintained by the Administrator in the cloveisland.com domain, under which entities from the Capital Group and Cooperating Entities may offer their Services with the possibility of redirection to the website of the Capital Group or the Cooperating Entity

6. Data / content — any information, data, content, elements, materials, algorithms, diagrams, works, markings, logos, names, signs, symbols, descriptions and photos from the Administrator, regardless of their nature, format and method of recording or shows.

7. Services — content / data access services and other services provided electronically by the Administrator as well as other Paid Services offered via the Portal, but provided by other entities both from the Capital Group and Cooperating Entities not related by capital to the Administrator on the terms specified in these Regulations and relevant separate Regulations for a given service, which they have on their own websites. The portal provides access via links and redirects to the regulations of other paid services provided by the Cooperating Entities directly on their websites.

8. Paid Services — these are services provided in accordance with separate regulations by entities from the Capital Group or Entities Cooperating for the User, in particular consisting in offering hotel rooms and accommodation, as well as services related to tourism, including offers of excursions, cruises, events as well as other attractions related to tourism or traveling; rental of tourist equipment and car rental; shipping services.

9. User — a natural person who has full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which has registered in the Portal, as a result of which an Account has been created for it that allows access to all Services provided as part of the Portal on the terms set out in the Regulations. If the User is not a natural person, it is admitted that he is represented by a representative authorized to represent the User under applicable law.

 

II. General information

Cloveisland.com is a portal that offers short-term and occasional accommodation services at Clove Island Villas & Spa. The administrator is the owner of the above-mentioned domain and through it provides a service.
The portal provides users with a tool for secure real-time booking, indicating prices of hotel and accommodation services and related information.

1. These Portal Regulations (hereinafter also referred to as the «Regulations») define the general rules for the provision of Services on the Portal and the use of the Portal by Users.
2. The administrator provides services electronically in accordance with the Regulations and the provisions of applicable law.
3. Services are provided in accordance with the Regulations as well as the relevant Regulations for Paid Services provided by entities of the Capital Group and Entities Cooperating with the Administrator.
4. When using our internet portal, the user should read the privacy policy, where he should confirm by clicking on the appropriate icon that he has read, understood and accepts the terms of the privacy policy.

 

III. Range of services

1. The cloveisland.com website offers short-term and occasional accommodation services, and the Administrator is a booking intermediary in the field of hotel and accommodation services as well as tourist services provided by the cloveisland.com portal.

2. Bookings made through the service are not suitable bookings for linked travel arrangements within the meaning of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements.

3. The User has the option to search on the cloveisland.com portal for the offer of services and products provided by the Administrator or Cooperating Entities and related to tourism regarding travel destinations, including offers of excursions, cruises, events as well as other attractions related to tourism and travel. The user also has the ability to search on the cloveisland.com portal for offers related to equipment rental, including car rental.

4. The administrator declares that he does not provide, owns or controls any tourist products relating to travel destinations, unless it is clearly stated. Tourist products and services offered via the Portal are owned and controlled by the Cooperating Entities or made available via the cloveisland.com website. Reservations will be made directly with the Cooperating Entities, in accordance with the information posted on the booking page. By making a reservation on the Affiliate’s portal, the User agrees to the terms of use appropriate for the given booking page, because it may be redirected to the Affiliate’s portal. When the user makes a reservation on the booking site belonging to the Affiliate, an agreement is concluded between the reservation site of the Affiliate and the user.

 

IV. CONCLUSION OF CONTRACTS FOR THE PROVISION OF REMOTE SERVICES

1. Using the Portal itself is free of charge. When using the Portal, at the tabs of specific Services, there is always a description of such a Service and information about the possible payment of a given Service or the terms and conditions of a given agreement depending on the type of Service provided. The user may also see active bars, sliders or icons, which he will be able to set according to his own preferences, where he will find any information depending on the parameters settings made, along with possible calculations and terms of contracts or services provided.
2. The Administrator or another entity from the Capital Group or the Cooperating Entity, at the latest immediately before using the Paid Service, informs the User about the terms of the contract or service, accepted methods of payment, payment date, total price and any additional fees as well as additional payment costs.

3. All concluded contracts for the provision of Paid Services, which occur thanks to offers suspended on the cloveisland.com portal, are contracts concluded between the User and a given external booking site of the Affiliate, unless it is clearly indicated that the provider of the Paid Service is Administrator. In the case of the provision of Paid Services by Cooperating Entities or external entities, only the general commercial conditions of the booking website apply, in particular with regard to the right to cancel or withdraw from the contract. Each time the User should read the regulations for the provision of services at a given Cooperating Entity. All matters regarding contact regarding the implementation and details of a given reservation, payment and in case of questions regarding the performance of the contract should be directed to specific providers of these services. In this case, the cloveisland.com Portal, which acts as a link — an intermediary between the User and the Cooperating Entity. Any claims, obligations and demands related to the contract for the performance of a paid Service, concluded between the User and a specific booking page of the Affiliate, do not apply to the cloveisland.com portal.

4. The Administrator has no influence and is not responsible for the content posted by the booking sites owned and administered by the Cooperating Entities, and has no influence and is not responsible for the content posted by Users regarding the hotel and made available on the cloveisland.com website. The content and opinions added by the User constitute the Users’ own opinions and views only. The Administrator is not responsible for the information provided by the Cooperating Entities on advertising banners and advertisements, hyperlinks.

5. The Administrator is not responsible for technical disruptions for the causes of which he is not responsible, or for damages resulting from force majeure and related to the direct actions of Users or Cooperating Entities. The administrator is also not responsible for the actions of third parties and for interruptions in data transmission or interruption of access to data.

 

V. BOOKING PROCESS. PAYMENT FOR SERVICES.

Each User, when making a reservation through the cloveisland.com website, will be asked to provide the necessary data in order to make the payment. The scope of data includes name and surname, e-mail address, contact telephone number, correspondence address or name of your User and details of the credit card which will be charged with the payment for the booked services, i.e. number, name and surname of the holder, CVV code and expiry date. After entering the necessary data by the User, the Administrator will collect funds on the terms of the offer selected by the Customer.

The payment scheme is as follows:
1. The card user enters the card details via the cloveisland.com booking website;
2. Information about the reservation together with the card details are sent to the channel manager system (Hotres);
3. Card details are collected by the channel manager (Hotres) and entered into the payment system;
4. The payment system authorization center sends an inquiry to the Customer’s Bank — card issuer;
5. Bank — the card issuer accepts or rejects the transaction;
6. The authorization center sends a confirmation of the acceptance or refusal of authorization;
7. Information about the result of the transaction is sent to the Client / User

If the return offer is selected, the amount is charged in two installments. The first installment can be collected immediately after booking. The second tranche may be collected up to 30 days before the planned date of arrival.

The Administrator reserves the right to verify the completeness and correctness of the indicated data each time. If the indicated data raise doubts, the Administrator may try to contact the booking person using the contact details provided. In the absence of contact, the Administrator may cancel the reservations and withdraw from charging the indicated credit card and take other explanatory actions required by law.

 

VI. PERSONAL DATA PROTECTION

1.The administrator of personal data provided by the User as part of the data provided is the Administrator.
2. The administrator will collect, process and use only the data that is necessary to provide the services offered by cloveisland.com for the use and operation of websites / applications and services offered.
3.The personal data provided by Users is collected and processed by the Administrator in accordance with applicable law and in accordance with the Privacy Policy available on the Portal, which the User can obtain and download as well as record using the ICT system used by the cloveisland.com website.

 

VII. GOOD PRACTICES AND VIOLATIONS OF THE RULES OF USING THE CLOVEISLAND.COM PORTAL

1.It is forbidden to do anything that is not explicitly allowed by the Regulations, in particular:
— the use of viruses, bots, worms or other computer codes, files or programs (in particular, automating the processes of scripts and applications or other codes, files or tools), activities that may destabilize the operation of the Portal or hinder access to it,
— publishing spam and unsolicited commercial information,
— providing or transmitting content prohibited by applicable law, as well as offensive, vulgar, pornographic, as well as content promoting violence, defamatory or violating the personal rights of third parties and institutions, as well as content that discriminates against the rights and freedoms of third parties for any reason, where all such cases will be reported to law enforcement agencies.
— using any content posted on the Portal in a way other than only for personal use,
— using the Portal in a manner inconsistent with generally applicable laws on the territory of the Republic of Poland, as well as the provisions of these Regulations and general principles of using the Internet and inconsistent with the principles of social coexistence, as well as taking other actions to the detriment of the Administrator and entities from the Capital Group or his partners or threaten their rights or interests.
2. The Administrator has the right to refuse to provide electronic services regarding the User Account, block the User Account or terminate the contract for these services in the following cases:
— providing false, incomplete personal data or refusing to provide the necessary data for the purpose of verifying the User, as well as when the processing of such data is necessary due to the functioning of the given Service or the ICT system ensuring the provision of electronic services. The user also undertakes not to share content that is surreptitious in the form of opinions, pointless or intentionally untrue or violates the limits of good taste, violating the rights of third parties, including copyrights of any entity,

— identifying cases of destroying, damaging, deleting, changing or obstructing access to data contained in the Portal by the User or causing disruptions by the User, or other circumstances preventing the automatic processing, collection or transfer of such data or attempts to use hacking techniques,
— stating that the User’s actions have caused a threat to the security of the Portal, i.e. taking actions classified as money laundering within the meaning of the Polish Act of November 16, 2000 on counteracting money laundering and financing terrorism or attempting to cheat the Administrator’s IT system.

3. The Administrator will inform the User about the refusal to provide the electronic service regarding the User’s Account or the termination of the User Account Agreement and providing the relevant justification in this regard. The contract is terminated with a minimum 3-day notice period.

4. Notwithstanding the provisions of subpara. 2 and 3 contained above, the relevant Paid Services Regulations may provide for other premises and procedures for refusing to provide a Paid Service, termination of the contract for such a service may also provide for additional reasons for the Administrator’s refusal to provide electronic services regarding the Account or termination of the contract for these services.

5. The user undertakes not to use any programs or functions used to automatically call pages or generate content on the cloveisland.com platform.
6. If the User who is a consumer uses the Portal for purposes other than the use of the Services offered on the Portal in accordance with the Regulations, the Administrator has the right to block the User’s Account.

 

VIII. COMPLAINTS AND COMPLAINTS

1. Complaints regarding the provision of Paid Services by the Cooperating Entities or external entities are considered in accordance with the procedure and under the conditions set out in the Regulations suspended on the booking websites of the Cooperating Entities or external entities by redirecting to the appropriate tabs on the websites of the Cooperating Entities providing the given Service Payable.

2. In the event of a complaint or complaint submitted by the User regarding the Paid Service provided by the Administrator, the Administrator is obliged to investigate the complaint or complaint within 30 days from the date of its receipt and provide the User with a reply in writing or in electronic form to the e-mail address or in document form. Each time, the Administrator will place a response to the complaint or complaint on the User Account / Customer Profile so that it is visible and legible for the User.
The user may indicate how he / she wants to receive a reply to the complaint or complaint. The alleged method of communication is electronic, where each information is posted on the User Account / Customer Profile. The user may direct complaints and claims in any form or by correspondence to the address of the company’s registered office (click here to download the address) or to the e-mail address hello@cloveisland.com. The User has the right to appeal against the Administrator’s decision, where the Administrator is obliged to respond to the User’s appeal within 30 days.

 

IX. ACCOUNT DATA AVAILABILITY. PORTAL AVAILABILITY

1. The cloveisland.com Portal is available to Users 24 hours a day (twenty-four hours) a day, 7 (seven) days a week, subject to periods of the Portal being temporarily unavailable, caused by necessary technical breaks related to the Portal. Scheduled technical breaks and the shutdown of the Portal’s operation will be notified in advance to Users at least 24 hours in advance.
2. The content of the Portal is for informational purposes only. The administrator has made every effort to ensure that the information contained therein is provided in a clear, reliable and transparent manner.

 

X. FINAL PROVISIONS

1. The provisions of these Regulations come into force after 14 days from the date of publication of the Regulations on the Portal.
2. The Administrator is entitled to change the content of the Regulations, if it is necessary to add new functionalities or launch a new version of the Portal, as well as in the event of a change in applicable law, which imposes such an obligation on the Administrator.
3. In the event of a change or annulment of any of the provisions of these Regulations by a decision of an authorized body or court, the remaining provisions shall remain in force and bind the Administrator and the Customer.
4. In matters not covered by these Regulations, the provisions of the Polish Act of 23 April 1964, the Civil Code and other applicable provisions of the generally applicable law of the European Union shall apply.
5. In the event of any possible discrepancies, inaccuracies or interpretative doubts regarding the Regulations, and in relation to other documents suspended on the Portal by the Administrator, it should be considered that the Regulations apply first.
6. The law applicable to the settlement of disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. In the case of Users who are not consumers within the meaning of art. 221 of the Polish Civil Code, the jurisdiction in this case is the court having jurisdiction over the seat of the Administrator.
7. Pursuant to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC, we would like to inform you that at http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services. 11. The Regulations enter into force on December 31, 2021