Polandstay.com web site User Agreement

PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

1. INTRODUCTION. The following are the terms and conditions which govern your use of this site. Your use of this site is expressly conditioned on their acceptance and if you do not agree with any part of the following terms and conditions, you must not use this site.

2. DEFINITIONS

"EUR": European Euros

"PLN": Polish Zloty

"eCard": eCard S.A., a joint stock company (jointly owned by ComputerLand S.A., BRE Bank S.A., and WBK Bank S.A.). A debit and credit card merchant transaction acquirer and processor company; headquartered in Warsaw, Poland.

"Site Operator": Romaste, Inc, a California Company doing business as PolandStay.com, and Easy Travel, Warsaw, Poland.

The "site" or "Site": the www.polandstay.com web site and the Reservation Service accessed therein.

"Reservation Service": Electronic Reservation System, provided jointly by Site Operator and Travel Operator, for formulating and submitting reservation requests, payment information, or cancellation requests for overnight hotel accommodation or other services on the site.

"Reservation Form": A standard form, made available in electronic format on the site, for the purpose of interacting with the Reservation Service.

"Service Provider": Hotel or other provider of services (e.g. rental car agency, tour operator) provided in conjunction with reservation made via the site.

"Travel Operator": Polish Travel Quo Vadis, LTD.

"Us" or "us" or "We" or "we": Site Operator and Travel Operator.

"USD": United States Dollars.

"You" or "you": The user accessing the site and/or customer making a reservation via the Travel Provider through this site.

3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site and/or the Reservation Service.

4. RESERVATION TRANSACTIONS. The Reservation Service on this site is provided solely to assist you in determining availability of hotel accommodation, and to make legitimate hotel reservations for hotel accommodations in Poland. You shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

You understand that you are financially responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Reservation Service.
Reservations are made via the Reservation Service by correctly filling in and submitting the reservation form. In the event of incorrectly completing the reservation form, you are singly and wholly responsible.
You understand and acknowledge that the room availability and pricing information provided by the Reservation Service constitutes an invitation to you to make an offer. You further understand and acknowledge that your use of the booking engine constitutes an offer by you to make a reservation on the terms you have indicated. A BINDING CONTRACT IS FORMED ONLY ONCE A CONFIRMATION NUMBER FOR YOUR RESERVATION HAS BEEN PROVIDED TO YOU AT THE END OF THE RESERVATION-MAKING PROCESS, INDICATING THAT YOUR OFFER HAS BEEN ACCEPTED AND THAT A CHARGE HAS BEEN DEBITED FROM YOUR VALID CREDIT CARD ACCOUNT OR THROUGH AN APPROVED AND VALIDATED BANK TRANSFER.
You agree that all cancellations must be made in accordance with the established cancellation policy, described elsewhere in this agreement.

Confirmation

The Reservation Service includes an automated online confirmation system for all reservations and services (whether requiring single or multiple individual confirmation).
If a service requires confirmation by the Travel Operator, the confirmation is sent within 2 (two) business days to the E-mail address specified in the reservation form.
The confirmation includes all essential details about the reservation or a notification of lack of availability during the requested period. After providing the confirmation, the reservation is deemed to be concluded.

Scope of Travel Operator's Responsibility

The Travel Operator will make best efforts to provide the service as specified in the reservation form.
In the event that the reserved hotel or service is not available, for whatever reason, the Travel Operator will make best efforts to offer you an alternative similar in standard to the original.
If it is not possible, or excessively expensive, to provide a similar alternative hotel or service, the Travel Operator’s maximum liability is the refund of the amount paid for the hotel reservation or reserved service.
A refund of payment by the Travel Operator invalidates any additional claims of compensation.
Refunds listed in point 3 (three) above will be made to the account number specified on the original reservation form and not later than 30 days from the date that service was intended to commence.
The Travel Operator does not assume responsibility for any transient inconvenience that may occur at any service providers (for example: shortage of water, heating, electricity, or air-conditioning as well as for the inconvenience occurrence caused in a disconnection of services (for example, repairs or maintenance of swimming pools, or other facilities).

Cancellation

If you cancel a reservation, the following service charges are assessed:
1. 50 PLN (approximately 15 USD or 12 EUR) if the cancellation is made 72 hours prior to your scheduled arrival (based on local time for the Service Provider) or the scheduled commencement date of other reserved services.
2. An amount equal to the cost of the first night's stay (and 100% of the cost of any additional services, if reserved) if the cancellation is made less than 72 hours prior to, but before, your scheduled arrival (based on local time for the Service Provider).
3. 100% of the total reservation cost if you abandon the hotel reservation or additional reserved services without making a formal cancellation by correctly completing and submitting the cancellation form through the system AND/OR receiving a cancellation number from the Travel Operator.
4. 100% of the total reservation cost, if you are a no-show or 100% of any reserved services which are not utilized (including early checkout) without making the required reservation cancellation request.
If you cancel a reservation, any refund due will be reimbursed to the account specified provided in the original reservation form (either by crediting your credit card account or by a bank transfer back to the bank account from which your bank transfer originated).

5. FORMS AND CONDITIONS OF PAYMENT: You understand and acknowledge that the basis currency is the Polish Zloty (PLN). The approximate prices presented in EUR and USD are for guidance only and are converted based on closing rate at the end of each previous day. Any minor discrepancy in the price is due to the various exchange rates applied by the credit card authorization service center or your bank on the day they process the transaction.

Credit Card: If making payment by credit card, you agree to the following:
1. You must enter and complete all the required credit card details.
2. The authorization and charge process is executed via the site through a secure encoded 128-bit protocol system that is directly connected to eCard.
3. The amount due will be processed and charged 7 (seven) business days (and not less than 2 (two) business days) prior to the initial scheduled date of arrival.
4. If the credit card charge is rejected or there are insufficient funds, the reservation will be cancelled.
Bank Transfer: If making payment by bank transfer, you must send the bank transfer confirmation via facsimile to: 48-22-652-1461 or (48-22-652-2113) no later than 3 (three) business days prior to the scheduled start of the service. The recipients' details are as follows:
Polish Travel Quo Vadis Ltd.
ul. Ptasia 2,
00-138 Warszawa,
Account no for PLN: 89103010160000000007164000
Account no for USD: 13103010160000000007164010
Account no for EUR: 82103010160000000007164029
Bank Handlowy S.A. I O/Warszawa
VAT Invoice: In compliance with current Polish tax laws, the Travel Operator issues a VAT invoice for services when you make a claim within 7 (seven) calendar days from the date payment is processed for services reserved (credit card charge or bank transfer to Travel Operator’s account). If you do not provide all requested details regarding the purchaser, or more than 7 (seven) calendar days elapse from processing the payment, the Travel Operator is no longer authorized to issue the VAT invoice.
Payment for Additional Services: Any additional services (for example: additional nights, pay television or mini bar) not included in the original reservation request must be paid at the time of service directly to the service provider.

6. TRAVEL DOCUMENTS. All overseas travel requires a valid passport. A visa(s) may be required for nationals of certain countries. Also certain health requirements may apply. All documentation/health requirements are your responsibility, and must be obtained prior to departure from your country of residency. You must check with your ticketing agent and the Polish consulate for the exact requirements. We take no responsibility for lack of appropriate documentation. In the event of cancellation due to lack of correct documentation normal cancellation penalties apply.

7. PRIVACY. You have read the site Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by the Site Operator and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the site Privacy Policy.

You hereby agree to have any personal data submitted in the course of using the Reservation Service recorded in the system database of www.polandstay.com as well as that of the Travel Operator. The recorded data will only be accessed for the purposes of accomplishing the reservation, simplifying the process of making additional reservations, or for marketing purposes in accordance with the full extent of the Polish Protection of Personal Privacy Law dated August 29, 1997. You are entitled to view and make changes to your personal data records.

8. ELECTRONIC COMMUNICATIONS. You communicate with us electronically whenever you visit the site or send emails to us. You consent to receive communications from us electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

9. DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", AND WE, OUR AFFILIATES AND OUR THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. WE, OUR AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, DELAYS, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE OR THAT ANY E-MAIL SENT FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. BY OFFERING FOR SALE ACCOMODATION AND SERVICES AT PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND RE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

10. LIMITATION OF LIABILITY. WE, OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSS, OR CLAIM ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE HOTELS AND OTHER SUPPLIERS PROVIDING SERVICES FOR US ARE INDEPENDENT CONTRACTORS AND NOT OUR OR OUR AFFILIATE'S AGENTS OR EMPLOYEES. WE AND OUR AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

11. OWNERSHIP AND PERMITTED USE OF SITE. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Site Operator and/or its various third party providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Site Operator, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Site Operator, or such other party that may own the Trademarks.

This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Site Operator, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Site Operator. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site.

Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

You agree not to disrupt, modify or interfere with the site, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the site in any way that Site Operator deems in its sole discretion to be unreasonable. You further agree not to alter or tamper with any information or materials on or associated with the site.

Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the site or otherwise.

12. LINKS. This site contains links to other Web sites, operated by parties with which Site Operator has no contractual or other relationship, which are provided solely as a convenience to you and not as a recommendation or endorsement by Site Operator, its third party providers or distributors of the contents of such other Web sites. None of Site Operator or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. Your linking to any service or site is at your sole risk. In addition, You agree not to link your Web site or any other third party Web site to the Site without the express prior written consent of the Site Operator.

13. MODIFICATION TO THE SITE OR THIS AGREEMENT. Site Operator reserves the right at any time to change any information contained in the site or this Agreement. Any such changes will appear on the individual pages of the Site and/or in this Agreement. Such changes shall be effective immediately upon posting them on the Site. By using the Site, You agree in advance to accept any such changes and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

Site Operator may make information regarding specific promotions which Site Operator and/or Travel Operator are conducting available on the site. Any such promotion is subject to the specific terms, conditions and restrictions listed on the Site in connection with such promotion. Site Operator reserves the right to alter or withdraw any promotion at any time. Each promotion is void where prohibited by law.

14. TERMINATION. Site Operator may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Site Operator and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Site Operator and its third party providers or distributors, as applicable.

15. FORCE MAJEURE. We shall not be liable and have no responsibility for any additional expense due to delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, re-routing, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.

16. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

17. RELATIONSHIP. No joint venture, partnership, employment, consulting, or agency relationship between you and Site Operator is intended or created by this Agreement.

18. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

19. INDEMNIFICATION. You shall defend and indemnify us and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.

20. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles county, the state of California, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued. We have required that this Agreement and all documents relating thereto be drawn up in English.

21. ATTORNEY'S FEES. If we or our affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

22. HEADINGS AND SUBHEADINGS. The headings and subheadings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

23. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.