§1. SUBJECT OF THE TERMS AND CONDITIONS
The terms and conditions define the rules of provision of digital services by BedBooking Sp. z o.o., with its registered office in Świdnica, using the BedBooking system that operates, among others, through the www.bed-booking.com website, mobile apps. The prerequisite for using the BedBooking system is reading and accepting the Terms and Conditions.
§2. DEFINITIONS
The definitions used in the Terms and Conditions have the following meaning:
a) Operator – BedBooking Sp. z o.o., with its registered office in Świdnica at ul. Esperantystów 17, 58-100 Świdnica, NIP number 8842785023, REGON 368536161, KRS 0000699738 e-mail: [email protected].
b) BedBooking – an online and mobile platform owned and managed by the Operator that facilitates using, among others, the website operating at the address www.bed-booking.com, the BedBooking Web App application, BedBooking for Android, BedBooking for iOS, BedBooking Widget, Easy B&B for Android, PropertyPRO for Android.
c) Account – a collection of resources within the BedBooking system that stores User data, designated with an individual name (e-mail address) and password provided by the User, creation of which requires the Client to fill out the Registration Form.
d) Service – a service provided within BedBooking under the terms set out in the provisions of these Terms and Conditions.
e) Premium Service – a paid service provided within the BedBooking Services under the terms set out in the provisions of these Terms and Conditions and specified in the Price List.
f) Help with configuration – a paid, dedicated implementation service, only available to the Users using the Premium Service when buying it, intended to make it easier to start using BedBooking.
g) User – a Consumer or Entrepreneur using the services provided digitally by BedBooking (including in particular by creating an Account) or entering into an agreement with BedBooking,
h) Consumer – a consumer within the meaning of Art. 22(1) of the Civil Code, as in a natural person with full legal capacity or – in cases provided for by the legislation – limited legal capacity, entering into an Agreement with the Operator or using other services provided digitally by the Operator within a scope not directly related to their business or professional operation,
i) Entrepreneur – an entrepreneur within the meaning of Art. 43(1) of the Civil Code, as in a natural person, legal person or unincorporated organizational unit, granted legal capacity by the law, running a business or professional operation on their own behalf, entering into an Agreement with the Operator or using other services provided digitally by the Operator,
j) Registration Form – a form available at BedBooking that makes it possible to create an Account,
k) Agreement – an agreement for provision of services through BedBooking – entered indefinitely into between the Operator and the User, under the terms defined in the Terms and Conditions.
l) Terms and Conditions – these terms and conditions, defining the rules of using BedBooking.
m) BedBooking Privacy Policy – a document defining the rights and obligations of the Operator and the User in relation to personal data protection. The Operator makes the Privacy Policy available to the Users on BedBooking.
n) Newsletter Terms and Conditions – a document defining the rules of using the Newsletter Service for the Users who agreed to receive the Newsletter available at: https://bed-booking.com/pl/regulamin-newslettera/.
o) Price List – the currently applicable price list for BedBooking services.
p) Order Form – a form available within the BedBooking system that can be used to make a purchase of Premium Services.
q) Resources – photographs and other resources (including in particular texts, graphics, logos, source codes) that constitute works within the meaning of the provisions of the Copyright and Related Rights act of 4th February 1994, published at BedBooking and owned by the Operator or used by the Operator with a permission from the individual or third party holding the copyrights to the Resources,
r) User Content – all information produced or provided by the User within using BedBooking, in particular reviews and comments.
s) DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).
§3. GENERAL PROVISIONS
1. These Terms and Conditions define the rules for provision of digital services by BedBooking Sp. z o.o. with its registered office in Świdnica through the BedBooking system that operates, among others, using the www.bed-booking.com website, mobile apps.
2. The services provided digitally by the Operator consist of making it possible to:
enter into Agreements under the terms set out in the provisions of these Terms and Conditions,
create and own an Account,
receive the Newsletter,
use other services available at BedBooking.
3. Announcements, advertisements, price lists and other information on the Services published at BedBooking should be interpreted as an invitation to enter into an Agreement, taking into account Art. 71 of the Civil Code.
4. The Operator provides Services on the territory of the Republic of Poland and outside of its borders.
5. The Operator exercises the highest diligence when implementing Agreements and providing Services.
6. Successful performance of Services provided within BedBooking requires having an active e-mail account, an Internet-enabled device (with minimal bandwidth of 1 Mb/s for downloading and 0.25 Mb/s for uploading), as well as a web browser (Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari or Opera) with enabled cookies and JavaScript. In case of using a mobile app, an Android (with Google Play services enabled) or iOS/iPadOS device is required, running one of the three latest versions of the operating system. Some features may require third party service accounts (i.e. Booking.com, Airbnb, Stripe) as well as accepting their terms and conditions.
7. The User is fully responsible before the Operator and individuals or third parties for damages related to:
the User violating the law, including in particular the rights of individuals or third parties as well as provisions of these Terms and Conditions,
inappropriate or unauthorized use of BedBooking, as well as related technical difficulties, loss of data and other damages to the functioning of BedBooking,
publishing at BedBooking any works within the meaning of the provisions of the Copyright and Related Rights act of 4th February 1994 in a way that violates the copyrights of an individual or a third party entitled to such rights.
§4. ENTERING INTO AN AGREEMENT AND CREATING AN ACCOUNT
I. Free User account and creating an Account.
1. Entering Agreements related to individual Services requires creating a User Account.
2. Creation of an Account by the User requires filling out the Registration Form, setting a password and clicking on a dedicated button.
3. Upon creating an Account in the way specified in the paragraph above, the User immediately gains access to the Account using their individual login and password.
4. An Account at BedBooking is created indefinitely and holding it doesn’t bear any financial obligations on the User’s part towards the Operator.
5. The time of entering an agreement for provision of digital services is considered to be the day when the User creates an Account at BedBooking. From the moment of confirming the registration, the User gains access to their own Account.
6. The User is obligated to use BedBooking in accordance with these Terms and Conditions, the applicable law and good manners.
7. A User creating an Account is obligated to read the Terms and Conditions and Privacy Policy and accept their contents.
8. When creating an Account, the User may also agree to receive the Newsletter under the terms specified in the Newsletter Terms and Conditions.
9. Creating and owning a User Account is free of charge.
10. Both when creating an Account and when using BedBooking, the User is obligated to provide real and factual data and information required to create an Account or to enter into and implement an Agreement.
11. It is forbidden to provide personal data of third parties through BedBooking without their consent. In case of natural persons without full legal capacity, the consent should be given by their statutory representatives or legal guardians.
II. Entering into agreements for Premium Services.
1. Activation of Premium Services is paid.
2. Using a Premium Service takes place upon choosing the preferred period of access to the Premium Service and paying in full for the Premium Service, as per the available Price List.
3. An Agreement for provision of a Premium Service becomes effective from the moment of the money being credited to the Operator’s settlement account.
4. A Premium Service is offered in monthly periods.
5. The User may also use a Premium Service in form of a one-time, 30-day trial period.
6. The User may order a Premium Service by filling out and sending the Order Form.
7. At the ordering stage the User will be notified about the price to be paid for the Premium Service as per the available Price List.
8. The prices of Premium Services are available in the Price List published at BedBooking.
9. The User is obligated to choose the preferred payment method for Premium Services.
10. The User is obligated to follow the messages displayed in the Order Form in order to complete the purchase process and make a payment.
11. The day of paying for Premium Services is considered to be the day of the payment being credited to the Operator’s settlement account.
12. BedBooking grants a Premium Service to the User Account for the period specified in the Order Form as counted from the day of the payment being credited to the Operator’s account.
13. In case of purchasing a Premium Service that was active on the User Account, the duration of the Premium Service gets extended by the period provided in the Order Form (Extension of the duration of providing a Premium Service).
14. In case when the User has other active Services on their Account (including Premium Services) besides those selected in their Order Form, the aforementioned other Services (including Premium Services), active before making the current purchase, do not get extended. (New purchase).
15. BedBooking reserves the right to have some of the Services depend on one another, as in BedBooking being able to provide the Service (including Premium Service) requires the User to have another active dependent Service (including Premium Service) on their Account.
16. If the User doesn’t own an active dependent Service (including Premium Service) and it is required to use the newly purchased Service, including a Premium Service, it may be required to purchase the dependent Service.
17. The information on potential additional charge will be presented to the User in the Order Form, before making the actual purchase.
18. In case of expiration of Services depending on each other, BedBooking has the right to cease the provision of the remaining Services (including a Premium Service) related to the expiration of the dependent Service.
19. After the end of the period for which a Premium Service was activated, the Premium Service gets deactivated and the User Account goes into the free mode provided that it is not using any other active Premium Services.
III. Entering into agreements for the help with configuration service.
1. The help with configuration service constitutes a one-time, paid implementation service provided by the Operator and it is subject to an individual consultation with the Operator’s expert in order to support the User in configuring the BedBooking app.
2. The service is only available to Users with an active Premium Service in the following variants: Plus, Pro, Max or Enterprise.
3. The duration of consultations depends on the type of the active Premium Service:
Plus plan: up to 2 hours,
Pro plan: up to 3 hours,
Max plan: up to 4 hours.
4. Consultations may be split into several meetings, depending on the User’s needs, upon making arrangements with the Operator’s expert.
5. The help with configuration service may only be purchased through the Internet app (Web App), directly after purchasing a Premium Service or later – by clicking the Order a Consultation button available in the BedBooking application’s menu.
6. The price and detailed description for the help with configuration service are visible in the app and specified in the Price List.
7. Upon making the purchase, the User will receive an e-mail message with a link to choose the convenient time of consultation. The available hours are on workdays (Monday–Friday), from 9:00 AM to 3:00 PM (CET). The service is provided in Polish or English, depending on the User’s choice.
8. Purchasing the help with configuration service is not a prerequisite for using the Premium plan, but it is only possible to perform when having an active Premium plan.
9. The User may purchase an additional help with configuration service even within the duration of an active subscription, in case when an additional consultation or modification of a configuration are needed.
10. The rules on entering into agreements, making payments, issuing invoices and settling accounts, the right of withdrawal and complaints are used accordingly, in accordance with the provisions of these Terms and Conditions, unless it was explicitly stated otherwise.
§5. INVOICES AND SETTLEMENTS
1. Depending on the payment method selected by the User in the Order Form, the bills and/or VAT invoices are issued by different entities.
a) Payment method – PayPal, Dotpay, bank transfer and other local payment methods – BedBooking will issue an adequate VAT invoice in digital form, for the details provided by the User in the Order Form. The VAT invoice will be issued upon the payment being credited to the Operator’s settlement account. The VAT invoice will be sent to the User at the e-mail address provided in the Order Form.
b) Payment method – Google Payments – the bill or VAT invoice is issued by Google, in accordance with the Google Payments terms of service. In case of the Client not receiving the bill or invoice from Google, the Client is obligated to use help of the Google company.
c) Payment method – Apple App Store – the bill or VAT invoice is issued by Apple, in accordance with the Apple terms of service. In case of the Client not receiving the bill or invoice, the Client is obligated to use help from the Apple company.
2. The BedBooking’s liability for bills and VAT invoices issued by the entities specified in § 4 par. 1. item b) and c) is entirely excluded.
3. BedBooking does not intermediate nor represent the User in a dispute resolution process with third parties, including Google and/or Apple.
§6. RULES OF WITHDRAWING FROM AND CANCELING SERVICES
I. Withdrawal
1. The User has the right to withdraw from an Agreement as a distance agreement, without giving a reason, within 14 days from the day of Service implementation beginning.
2. In order to withdraw from a Premium Service and receive a refund, the User is obligated to send their request at [email protected] or in writing at the address of the Operator’s registered office.
3. In order to make it easier to send a declaration of withdrawing from an Agreement, the Operator publishes a declaration template on the BedBooking website, which constitutes an Annex to these Terms and Conditions.
4. The Operator shall refund the paid amount within 14 days from receiving the User’s notice, using the same payment method that the User paid for the Premium Services with, unless the User explicitly agreed to a different form of refund that doesn’t entail additional costs for them.
5. After 14 (fourteen) days from the date of activating the Premium Service on the User Account, BedBooking does not refund the amounts paid for:
a) duration of a Premium Service not used by the User,
b) upgrading the package of the Premium Services provided,
c) downgrading the package of the Premium Services provided.
6. The details on using one’s right to withdraw from an Agreement – as a distance agreement – are defined by the provisions of the consumer rights act of 30th May 2014.
II. Canceling an auto-renewable Service
1. The User may cancel Premium Services purchased in form of an auto-renewable subscription at any time.
2. If a Premium Service was purchased through a third party, the subscription is subject to the terms of agreement with such entity (besides these Terms and Conditions).
3. Regardless of the User canceling an auto-renewable subscription, BedBooking provides Premium Services for the period the Service was activated for.
§7. THE OBLIGATIONS OF PARTIES AND TERMS OF CONTENT MODERATION
1. The User declares that they have a permission to process personal data from the contractors the data is about.
2. The User is obligated to use BedBooking in accordance with the Terms and Conditions, the applicable law as well as good manners.
3. The User may not modify, adapt nor hack a Service, including a Premium Service and the software forming part of the BedBooking system.
4. The User shall not try to gain unauthorized access to a Service, including a Premium Service or related systems or networks.
5. The User shall be held liable for the actions of third parties they gave access to their Account to as for their own. The actions taken by third parties using the User Account will be treated as if taken by the User themselves.
6. BedBooking may modify, temporarily or permanently, the functionality available within their system or any parts of it.
7. The Operator reserves the right to introduce limitations on use of BedBooking caused by technical servicing, maintenance works, working on improving its functionality or due to random events. At the same time, the Operator is obligated to make their best efforts to keep the aforementioned interruptions caused by their actions within the night hours and make them as short as possible.
8. The Operator shall not be held liable for damages arising from:
a) interruptions in provision of services or inaccessibility of Services outside of the Operator’s control,
b) interruptions in provision arising from events that the Operator could not predict,
c) improper functioning of BedBooking not due to the Operator’s fault,
d) access to the User’s account by unauthorized individuals,
e) dangers related to using the web,
f) the User not knowing or not following the Terms and Conditions.
9. Due to the provisions of the Digital Services Act (DSA), the Operator has designated a point of contact dedicated to direct communication with member states’ authorities, the Commission, the Board for Digital Services as well as the Buyers in form of an e-mail address: [email protected].
10. The Operator also runs BedBooking groups and fan pages on social media under the name: https://www.instagram.com/bedbookingcom/; https://www.facebook.com/bedbooking; https://www.linkedin.com/company/bedbooking/, to which § 6 par. 9 – 23 of the Terms and Conditions apply respectively.
11. The Operator shall not be held liable for the User Content published on BedBooking, in cases when the Operator:
a) has no actual knowledge of the illegal activity or illegal User Content, and in terms of claims for damages – does not know of the factual state or circumstances that in an obvious manner indicate illegal activity or illegal User Content, or
b) immediately takes adequate actions in order to remove or render inaccessible the illegal User Content once they obtain such knowledge or message.
12. The User, in case of intent to publish User Content on BedBooking, is obligated to behave in accordance with rules of social conduct and good manners, including proper and substantive use of written language.
13. The User cannot publish User Content that constitutes illegal content within the meaning of the Digital Services Act (DSA), generally applicable laws or in any other way against the Terms and Conditions or good manners, which means that in particular they cannot publish User Content that:
a ) doesn’t match the theme of a particular thematic module or interest group;
b) duplicates contents that have appeared before on the website within a particular thematic module or interest group;
c) relates to technical matters related to the functioning of BedBooking;
d) contains links or other contents that constitute spam;
e) is used to run operation that is competitive to the Operator, i.e. promoting competing business operations;
f) is used to run prohibited advertising, promotional or marketing operations, in particular by publishing advertisements, selling and promoting products, services, projects, fundraisers;
g) is used to run activities forbidden by law, i.e. attempts to scam and extort financial resources from other Users;
h) incites violence against any living beings, including animals, or condones such violence;
i) promotes any fascist or other totalitarian state system;
j) incites hatred towards different genders, sexual orientations, nationalities, ethnicities, races, religions or due to irreligion, or condones such hatred;
k) insults a population group or individual persons due to their gender, sexual, national, ethnic, racial, religious identity or due to their irreligion;
l) contains content of chauvinistic or misogynistic nature, as well as show signs of gender-based discrimination;
m) defames or insults any third party;
n) violates personal rights of any third party;
o) violates copyrights of any third party;
p) contains profanities or other contents of offensive nature;
q) incites dangerous behaviors or condones such behaviors;
r) offends religious feelings;
s) may cause discomfort in other Users, in particular through lack of empathy or respect towards other Users;
t) is in any other way against or in conflict with law.
14. The Operator, in case of becoming aware that a User has violated generally applicable laws, including the Digital Services Act (DSA) and these Terms and Conditions, may make a decision on the following limitations in providing services:
a) blocking access to such content at BedBooking,
b) permanent deletion of the content from BedBooking,
c) permanent deletion of the Account;
d) deletion of a comment under a post from a particular User on a social media profile;
15. The Operator will make the decision referred to in pt. § 6 pt. 14 of the Terms and Conditions, based on the importance of the case and the degree of violating generally applicable law or these Terms and Conditions, following the principles of proportionality and adequacy.
16. Imposing a specific limitation shall only take place upon prior presentation of the reasoning for the decision to the User who committed the violation. The User has the right to appeal the Operator’s decision under the terms specified in the reasoning.
17. The Operator stipulates that they may, on their own and at their selected moments, conduct a verification of the User Content published at BedBooking. Verification activities are performed by the Operator with due diligence and in good faith. Verification is performed in order to detect, identify and potentially remove, limit or render inaccessible the illegal content. A decision on limiting illegal or inappropriate User Content, on which the Operator obtained information through their own verification activities, are subject to the provisions of pt. 14 – 16 of this paragraph, respectively. Verification activities described in this point do not make the Operator responsible for User Content, as is mentioned in point 11 above.
18. In case when a User, acting in good faith, believes that specific Content by another User constitutes content violating pt. 12 and 13 of this paragraph, the User may notify the Operator about that by e-mail at the address: [email protected]
19. To make the report procedure easier, the Operator provides Users with a violation report form, which constitutes Annex No. 1 to these Terms and Conditions.
20. A report referred to in pt. 18 above in particular should contain:
a) sufficiently justified explanation for the reasons behind the particular individual or particular entity alleging that User Content is against the Terms and Conditions,
b) clear indication of the exact digital location of the information, such as the exact URL address or exact URL addresses and, where appropriate, additional information enabling identification of the User Content,
c) first and last name or name and e-mail address of the individual or entity filing the report, with the exception of a report related to information considered to be related to one of the crimes,
d) declaration confirming the good faith belief of the individual or entity filing the report that the information and allegations it contains are proper and complete.
21. The Operator confirms receiving the report and conducts a verification of reports and follow-up activities in accordance with the provisions of these Terms and Conditions (internal terms and conditions for verifying complaints and reports).
22. The Operator stipulates that, in case of obtaining any information giving reasons to suspect that a life-threatening or dangerous crime has been committed, is being committed or may be committed by a User, they will notify the competent law enforcement or other adequate public authorities about this fact.
23. The Operator makes it possible for the individual reporting a violation to file an appeal against the decision made by the Operator on the reported Content. The appeal is to be filed to the Operator immediately, but no later than within 14 days from the day of the reporting party receiving a Reply to the violation report in relation to User Content. In case of the appeal being rejected, the reporting party may take the case to court, if there are factual and legal reasons for that, in accordance with the final provisions of the Terms and Conditions.
§8. ENTRUSTING PERSONAL DATA
1. The User, when adding personal data of their clients to their profile, entrusts it to the Operator for processing. The User declares that they have collected said data in accordance with the applicable laws, while the Operator declares that they are obligated to only utilize the personal data to the extent required to provide services.
2. The Operator is obligated to use measures that ensure protection of the processed data and keep a documentation describing how it is processed.
3. The Operator is not authorized to make the personal data available to third parties, excluding collaborating individuals authorized to process the data.
4. The Operator entrusts the personal data of the User’s clients for processing to:
a) Fakturownia Sp. z o.o., with its registered office at ul. Smulikowskiego 6/8, 00-389 Warszawa, KRS 0000572426 NIP 5213704420. The entrustment arises from the possibility of the User using the Fakturowania.pl software. The User may object to the sub-entrustment, but it will make it impossible to utilize the functionalities of the Fakturownia.pl software.
b) Amazon Web Services Ireland Limited, with its registered office at One Burlington Plaza, Burlington Road, Dublin 4, the entrustment is required for the Operator to properly provide services. The User may object to sub-entrustment, but it will make it impossible to use BedBooking.
c) Hostersi Sp. z o.o., with its registered office at ul. PCK 26A, 44-200 Rybnik, KRS 275333 NIP 6423007308. The entrustment is required for the Operator to properly provide services. The User may object to sub-entrustment, but it will make it impossible to use BedBooking.
5. In case of finding a violation of the protection of the personal data entrusted, the Operator is obligated to immediately, no later than within 24 hours from obtaining such information, report it to the User, taking into account the provisions of Art. 33 of GDPR.
6. The Operator is obligated to help the User, as a Personal Data Controller, to fulfill their obligation to answer requests from the data subjects, within the scope of the personal data entrusted for processing.
7. In case of terminating the Agreement the Operator is obligated to remove the data of the User’s clients processed at BedBooking.
8. Detailed information on protecting personal data of the User can be found in the document BedBooking Privacy Policy.
§9. PERSONAL DATA
1. When filling out digital forms for the purpose of registering an Account, the User will be asked to agree to the processing of personal data.
2. Personal data is only processed for the purpose of providing services referred to in these Terms and Conditions.
3. The User’s personal data will not be revealed to other individuals for marketing purposes without their explicit consent. The User always has access to their data for the purpose of verifying, modifying or deleting them from the BedBooking database.
4. Detailed information on personal data protection can be found in the document BedBooking Privacy Policy.
§10. COMPLAINTS
1. In the event that the User finds that the Operator is not performing the services or is performing them inadequately, they may file a complaint.
2. A complaint should be filed at the address: [email protected] or by mail at the address of the Operator’s registered office.
3. The content of a complaint should include: first and last name, company name (where applicable), e-mail address, own remarks and requests.
4. If a complaint is incomplete, the Operator will ask the User to complete it before reviewing the complaint.
5. In order to make the complaint procedure easier, the Operator publishes a Complaint Form on the BedBooking website, which constitutes an Annex to these Terms and Conditions.
6. The Operator shall address a properly filed complaint within 14 days in case of Users who are consumers under the Polish law, in case of other Users who are not consumers, the complaint shall be addressed within 30 days.
7. A response to a complaint is sent to the User’s e-mail address.
§11. ACCOUNT DELETION
1. The User may request BedBooking to delete their Account at any time.
2. The User is obligated to send authentication data in their request to delete their Account on BedBooking in order to confirm their identity.
3. In specific cases, the User may be asked for other information intended to verify their identity.
4. Upon positive verification of the User’s identity, they will receive a return e-mail with confirmation of deleting their account on BedBooking.
5. In case when the User’s identity is not confirmed, they will receive an adequate justification for refusal to delete their Account in form of an e-mail message.
6. The Operator reserves the right to delete a User Account in case of:
a) the User violating the provisions of these Terms and Conditions or the BedBooking Privacy Policy,
b) the User violating the Polish law or the law of the country of the User’s residence, or the country of running their operation,
c) using BedBooking contrary to its intended purpose,
d) the User acting to the detriment of the Operator.
7. In case of Account Deletion on BedBooking:
a) The Agreement between the Operator and the User becomes terminated,
b) The Operator ceases to provide any Services for the User within a particular Account,
c) The Operator does not refund payments for the unused period of Premium Services.
8. Upon receiving information about deleting the Account, the User is obligated to:
a) uninstall the app,
b) verify and potentially cancel all the active subscriptions/payments for the BedBooking app for Android on Google Play and/or iOS on Apple App Store, so that no charge is collected again for the provision of Services,
c) delete the BedBooking Widget from all the websites where said Widget was embedded.
§12. COPYRIGHT PROTECTION
1. All photographs and other materials (including texts, graphics, logos) published on BedBooking belong to the Operator or were used with the permission from the third parties holding the copyright to them.
2. Both the User and any other individual with access to BedBooking are obligated to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including in particular for marketing, trade or commercial purposes) the Materials published on BedBooking without a written permission from the Operator or other individual or third party that holds intellectual property rights to the Materials, with the exception of using those Materials within fair use, as referred to in the provisions of the Copyright and Related Rights act of 4th February 1994.
3. It is also forbidden for third parties to download photographs from BedBooking and use them for marketing and trade purposes.
4. Using the above mentioned materials without a written permission from the Operator or other third parties that hold copyright is against the law and these Terms and Conditions.
§13. LICENSE
1. The User, by publishing on BedBooking all kinds of copyrighted materials, i.e. photographs/videos/files/graphics//comments/logos (jointly referred to as “contents”) – grants the Operator a geographically unlimited, non-exclusive and royalty-free license, for an indefinite period of time, to use and dispose of them partially or entirely to the extent required for the Operator to provide services, distribute and promote BedBooking, including creation of derivative works based on them, in the following fields of use, among others:
a) within the scope of recording and reproducing the work – making copies of the work using a specific technology, including printing, reprography, magnetic recording and digital techniques;
b) within the scope of circulating the original or the copies with the recorded work or content – putting in circulation, lending or renting the original or the copies;
c) within the scope of distributing in a way different than specified in pt. b – public use, performing, displaying, reproducing and broadcasting and re-broadcasting, as well as public distribution (including on the Internet) of the work in a way that gives everyone access to it anywhere and anytime they want.
2. The User, in case of third parties making claims against the Operator regarding violation of the right to works or contents referred to in par. 1 of this section, is obligated to release the Operator from liability in this area, as well as, upon being summoned by the Operator, to refund all costs incurred by them due to the aforementioned claims from third parties as well as potential costs of trial/proceedings and legal assistance.
§14. FINAL PROVISIONS
1. The Operator reserves the right to make changes to the Terms and Conditions. The Operator shall inform the Users about any changes through BedBooking, as well as in mail correspondence sent at the User’s e-mail address, provided by them during the Account’s registration. Changes to the Terms and Conditions may be dictated by:
a) changes to the conditions of the services provided,
b) necessity to adjust the Terms and Conditions to changes in law,
c) necessity to adjust the Terms and Conditions to a decision, judgment or other ruling by the competent court or state authority,
d) necessity to fulfill a legal obligation resting on the Operator,
e) editorial changes.
2. Changes made to the Terms and Conditions are not intended to violate the rights acquired by Users before introducing the changes.
3. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of a User who is a consumer, which they are entitled to under nondiscriminatory legislation. In case of the provisions of these Terms and Conditions contradicting the above legislation, the legislation shall prevail.
4. If any of the provisions of these Terms and Conditions is affected by invalidity or becomes invalid, it remains without effect on validity of remaining provisions of the Terms and Conditions. In such situation, BedBooking is obligated to make required adjustments or replace the invalid provisions with different ones that should match the legislation and the original intent of the parties.
5. All disputes between the Operator and the User shall be resolved in an amicable manner.
6. A User who is a Consumer may:
a) use extrajudicial methods of addressing complaints and pursuing claims, referred to in the extrajudicial resolution of consumer disputes act of 23rd September 2016 (the Journal of Laws, item 1823), and the entity authorized to conduct the proceedings concerning extrajudicial resolution of consumer disputes that the Service Provider is subject to is the Provincial Inspectorate of the Trade Inspection in Wrocław, (address: ul. Ofiar Oświęcimskich 15A, 50 – 069 Wrocław, e-mail: [email protected], website: https://wiih.ibip.wroc.pl),
b) file a complaint through the EU online platform ODR, available at the link: http://ec.europa.eu/consumers/odr/.
7. In case of inability to resolve a dispute in an amicable manner, the competent Court for addressing a dispute with a User who is a consumer is the competent court assigned based on generally applicable laws.
8. In case of a dispute with a User who is not a consumer – the resolving court shall be the local competent court for the Operator’s registered office.
9. The Terms and Conditions shall apply from the date of 09.09.2025
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