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Terms and Conditions for using the hotelspot ordering system (B2C).
§ 1. General Provisions
This document sets forth the terms of free use of the Hotelspot ordering system (hereinafter: the "Application"), intended for Guests staying at hotel properties (hereinafter: the "Hotel").
The technology provider and author of the Application is Spotstay Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, at ul. Cystersów 13/6, 31-553 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number: 0001096818, NIP: 6762665735, REGON: 528200240, providing the Hotel with a license to use the software.
Placing an order through the Application entails an obligation to pay and constitutes the conclusion of a binding agreement directly with the Hotel.
§ 2. Role of Spotstay Sp. z o.o. (Limitation of Liability)
The Application is solely a digital communication interface used to transmit the Guest's instructions (orders) to the appropriate Hotel departments (e.g., kitchen, reception, SPA).
The Application Provider does not act as an intermediary in the provision of services, is not a party to the transaction, and to the fullest extent permitted by law, disclaims liability for:
- Errors by Hotel staff in fulfilling orders.
- Food quality, meal temperature, and errors in dish descriptions and allergen listings.
- The standard, professionalism, and safety of services provided at Hotel Outlets (e.g., SPA, pool).
- The course, safety, and organization of events, entertainment, and excursions booked through the Application.
§ 3. Order Fulfillment, Restricted Products, and Discount Codes
When placing an order, the Guest is required to enter the correct room number or other precise location on the property.
All information about prices, promotions, and discount codes visible in the Application is subject to the Hotel's internal regulations.
In the case of ordering products subject to age restrictions through the Application (e.g., alcohol from room service, energy drinks), the Hotel staff upon delivery of the order has the obligation and full right to request presentation of an identity document. In case of refusal to present a document or determination of insufficient age, the staff shall cancel the delivery without the Guest being able to make any claims in this regard.
Intentionally placing false orders may result in immediate blocking of the Guest's IP address and the Hotel holding them financially liable.
§ 4. Payments and Transactional Communications
The Guest may pay for a placed order using the payment methods made available in the Application by a given Hotel, which may include:
- immediate online payment (via integrated payment gateway),
- direct payment (credit card or cash) to a Hotel employee at the time of order collection,
- charging the order cost to the main hotel bill (so-called "room" payment option), settled at the latest at check-out.
The availability and terms of use of the "room" payment method depend solely on the Hotel's internal procedures. Depending on the property's configuration, the Hotel has the right to:
- make this option available unconditionally (so-called "open room"),
- make the ability to charge orders to the bill conditional upon the Guest having previously made a pre-authorization at the reception (blocking funds on a payment card for a specified guarantee amount).
The online payment operator bears full responsibility for the security of transaction processing and payment card data. The Technology Provider (Hotelspot) does not collect or store Guests' payment card data.
By placing an order in the Application, the Guest consents to receiving technical and transactional communications (e.g., email messages, SMS, or PUSH notifications in the browser) informing solely about changes to their order status (e.g., "Your order is being prepared", "Order has been delivered"). These communications are not marketing in nature.
§ 5. Complaint Procedure
Due to the nature of the Application, the Guest reports any complaints regarding billing, cancellations, food quality, service quality, and failure to apply discount codes primarily directly to the Hotel staff (reception, waiter, or manager).
Purely IT failures (e.g., inability to load a screen) may be reported to Hotel staff, who forward these incidents to the Technology Provider's technical support.
§ 6. Individual User Account and Service Continuity
By registering in the Application (creating an account), the Guest enters into a separate agreement with the Technology Provider (Spotstay Sp. z o.o.) for the provision of electronic services, consisting of maintaining an Individual User Account.
The User Account is global in nature. Once created, the account allows the use of services in all hotel properties and Outlets cooperating with the Hotelspot network.
Termination of cooperation between Spotstay Sp. z o.o. and a specific Hotel where the Guest is staying or has stayed does not result in deletion of the User Account. The Account remains active with the Technology Provider, allowing the User free access to their profile in other locations in the future.
The Guest may delete their User Account at any time from the Application settings.
§ 7. Personal Data (GDPR)
To the extent necessary to fulfill a specific order (e.g., delivering a meal to a room, booking a service), the Data Controller of the Guest's personal data is the Hotel where the Guest is staying. The Technology Provider (Spotstay Sp. z o.o.) processes this data solely on behalf of the Hotel (as a Data Processor) for the purpose of technical operation of the System. All inquiries regarding the exercise of GDPR rights in the context of orders should be directed to the Hotel.
With regard to maintaining a global User Account in the Application (data provided during registration, such as email address, login, profile settings), the independent Data Controller is the Technology Provider (Spotstay Sp. z o.o.). This processing takes place on the basis of these Terms and Conditions for the purpose of ensuring the continuity of the Account regardless of the Guest's location. All inquiries regarding the User Account should be directed to the Technology Provider.