REGULATIONS FOR BOOKING STAYS IN THE BLUE MARINE MIELNO ON-LINE SYSTEM
I. GENERAL PROVISIONS
The Regulations define the terms and conditions for booking stay packages (“Packages”) at the Blue Marine Mielno resort run by the Cooperative Owners “Blue Marine Mielno” based in Mielno, 32 Gen. Maczka Street, 76-032 Mielno, NIP: 669-252-29-75; KRS: 0000531673 - hereinafter referred to as “Blue Marine Mielno”, via the online store at www.bluemarine.pl (“System”).
Blue Marine Mielno sells via the System administered by Bookassist Polska Sp z o.o., 19 Os. Armii Krajowej Street, 30-150 Kraków, Polska (KRS 0000753036)
Packages are sold via the Internet in the form of a distance contract outside the company’s premises, between the ordering party (“Customer”) and Blue Marine Mielno (“Agreement”).
A client may be any natural person who is 18 years of age and has full legal capacity, a legal person or an organizational unit without legal personality, but with legal capacity. A client may also be a natural person who is 13 years of age but under 18 years of age to the extent that he or she can acquire rights and incur liabilities in accordance with the provisions of generally applicable law, i.e., in minor everyday matters.
II. BUSINESS ACTIVITY OF BLUE MARINE MIELNO
The business activity of Blue Marine Mielno is the sale of Packages, which include accommodation and catering services and additional services related to the stay at the Blue Marine Mielno resort. The exact scope of services is each time mentioned in the specific offers of the Packages. The scope of services offered in the Packages may change in the course of their sale or due to weather restrictions or as a result of regulations of central and local authorities or as a result of random events, such as failures of internal systems or external suppliers (energy, water supply, etc.).
Information about Packages in the System is for information purposes only and does not constitute an offer within the meaning of the Civil Code. By placing an order via the System, the Customer submits an offer to buy a specific Package on the terms specified in its description.
III. CLIENT DATA
Providing personal data is voluntary, although providing personal data in the order form is necessary to conclude the Agreement, place and execute the order. By completing the form, the Customer agrees to the processing of personal data contained in the order form.
It is in the interest of the customer to provide correct data enabling contact and the booking of the ordered Package. Correct data is considered to be the provision of: name, surname, telephone number, email address, type of stay and the estimated time of arrival;
The customer bears sole responsibility for the correctness of the data provided during registration and their validity when placing the order. Blue Marine Mielno is not responsible for the consequences of providing incorrect data.
The Customer’s personal data is processed in compliance with the security rules required by the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018. No. 1000). The data administrator within the meaning of the Act referred to in point above is the Cooperative of Owners “Blue Marine Mielno” with its seat in Mielno, 32 Gen. Maczka Street, 76-032 Mielno, NIP: 669-252-29-75; KRS: 0000531673.
Personal data is collected only for the needs of Blue Marine Mielno and is processed to the extent necessary for the implementation of the order, including pre-arrival, stay and post-departure services and invoicing, as well as conducting promotional and advertising campaigns, in accordance with the data protection requirements specified in the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018. No. 1000). Information on the processing of personal data can be found at.
Pursuant to the providing services by electronic means (OJ of 2002, No. 144, item 1204 as amended) The customer agrees to receive commercial information from Blue Marine Mielno to the e-mail address or telephone number provided in the order form or then updated during the use of the System.
IV. ORDER PROCESSING
An order in the System is made using the order form, hereinafter referred to as the Booking. Bookings can be made in the System around the clock by following specific steps:
Step 1 - choosing the date of arrival and departure and indicating how many adults and how many children and at what age will use the services of Blue Marine Mielno as part of the booked Package.
Step 2 - entering a specific rebate code, if the customer has one
Step 3 - selection of a specific stay offer available within the indicated dates of stay and the number of indicated persons
Step 4 - selecting the type of room available within the indicated dates, the number of people indicated and the selected offer
Step 5 - selection, if available, of additional services and benefits provided by Blue Marine Mielno
Step 6 - completing the data necessary to make a reservation - providing the required and optional data indicated on the form and confirmation of the knowledge of regulations and policies
Step 7 - making an advance payment in the payment system if the completion of the booking process requires such payment
The contract between the Customer and Blue Marine Mielno is considered concluded only when Blue Marine Mielno confirms to the Customer that the Booking has been confirmed by sending the booking confirmation e-mail to the e-mail address provided in the form.
The customer may take advantage of promotions in the form of discount codes specified in separate regulations. The customer acknowledges that due to the state of the COVID-19 epidemic, the method of serving meals and the possibility of using additional attractions in the facility is governed by the regulations and administrative recommendations in force during the stay. By purchasing any Package, the Customer acknowledges that changes in its content resulting from the adaptation of the offer to the applicable sanitary regulations may NOT be the basis for a claim for compensation from Blue Marine Mielno (in particular, in such cases, the so-called Frankfurt Charts)
The possibilities of modifying or canceling the reservation are defined in the terms and conditions each time described in the offer. If the individual terms and conditions of the offer allow for modification or cancellation of the Booking, the Customer should always report the willingness to make any changes to the booking directly to the Blue Marine Mielno Reception by phone (530-144-511) or via e-mail (recepcja@bluemarine.pl). The application should include the date of the reservation, the name of the person for whom the reservation was made and the reservation number.
If the offer does not contain information about the conditions for modifying or canceling the reservation, it is assumed that the reservation made on the basis of such an offer is non-refundable in the part of the 30% deposit paid, i.e. in the event of a change of the booking date or its complete cancellation, the deposit paid is retained for Blue Marine Mielno, while the customer will not have to pay the remaining amount of the price resulting from the reservation contract. The same rules apply in the event of a client's non- appear on the day of the commencement of the stay (i.e. the client is not checked in the booked room by 23:59 on the day of the commencement of the booking).
The customer acknowledges that at the time of commencement of the stay service, changing the scope of the package (in particular resignation from the ordered additional services e.g. renting a parking space or daily room cleaning service), is no longer possible and ceasing to use the purchased services cannot be the basis for claims against Blue Marine Mielno for the reimbursement of the price paid for the "unused services".
V. PRICES AND PAYMENTS
All prices in the System are given in Polish zlotys or are converted from PLN to EUR or USD at the rate specified by the system administrator. The prices presented in the system are gross prices, including the currently applicable VAT.
Blue Marine Mielno reserves the right to change the prices given in the System without prior notice to the Customer.
The price change does not apply to already confirmed Bookings.
Payments are handled by specialized online payment portals with which Blue Marine Mielno cooperates on the basis of separate agreements.The following payment methods are possible:
1. Payment by payment card, credit card, BLIK, bank transfer and other online payment systems currently available via payment service portals
2. Payment via the Polish Tourist Voucher (“PBT”) - possible only in cases that meet the rules set out in the Act of July 15, 2020 on the Polish Tourist Voucher (Journal of Laws of 2020, item 1262). PBT payment is possible only through a receptionist at Blue Marine Mielno - contact by phone or in person is required.
3. In cash - directly at the cash desk of Blue Marine Mielno run by the Reception, located in Mielno, at Gen. Maczka 32
Payments may be made only by persons authorized to use a given payment instrument, in particular a given payment card or PBT, i.e., only authorized card holders or PBT holders. Any cases of abuse detected by Blue Marine Mielno will be reported to the competent law enforcement authorities. If there is a need to return funds for a transaction made by the customer with the Blue Marine Mielno payment card, the refund will be made to the bank account assigned to the Ordering Party’s payment card or will be refunded in cash. Blue Marine Mielno decides about the method of settling the refund for the canceled transaction.
If there is a need to return funds for a transaction made via PBT Blue Marine Mielno, it will be returned to the bank account at the disposal of the Polish Tourist Organization, indicating the PBT identification number in the transfer description, from which the returned payment was previously charged. Blue Marine Mielno is not responsible for the process of crediting the PBT account by ZUS resulting from the return of funds.
In the case of payment by credit card, bank transfer or electronic payment, the time of processing the Reservation and sending the confirmation to the Customer is calculated from the time of obtaining a positive authorization of payment by bank transfer, electronic payment or payment card.
The customer acknowledges that at the time of commencement of the stay service, changing the scope of the package (in particular resignation from the ordered additional services e.g. renting a parking space or daily room cleaning service), is no longer possible and ceasing to use the purchased services cannot be the basis for claims against Blue Marine Mielno for the reimbursement of the price paid for the "unused services".
VI. COMPLAINT PROCEEDINGS
Customers have the right to submit complaints to Blue Marine Mielno regarding the booking itself, the implementation of the purchased Packages, as well as the services provided for in the Regulations.
Complaints should be submitted directly to the reception desk of Blue Marine Mielno or sent via e-mail to the address reklamacje@bluemarine.pl.
Complaints should be made in writing and contain: the Customer’s first and last name, telephone number, e-mail address, date of submission and the Reservation number as well as a description of the reservations.
Blue Marine Mielno will respond to the Client’s complaint within 10 working days of receiving the Client’s Complaint. Blue Marine Mielno will notify the Customer about the result of considering the complaint via the e-mail address provided in the complaint.
VIII. COPYRIGHT
It is forbidden to copy and distribute materials in the System without the written consent and knowledge of the proprietary copyright owners. Persons who violate the above provision will be held liable under civil and criminal liability.
IX. FINAL PROVISIONS
The Regulations enter into force on February 12, 2021. Polish law shall apply to the Regulations and the Agreement. The Regulations are available in the System at: www.bluemarine.pl
In matters not regulated by the Regulations, the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws 1964, No. 16, item 93, as amended) and the Act of July 27, 2002 specific terms and conditions of consumer sale and amendments to the Civil Code shall apply (Journal of Laws 2002, No. 141, item 1176, as amended) and the Act of 18 July 2002 on providing services by electronic means (Journal of 2002, No. 144, item 1204 as amended).
Any disputes arising between Blue Marine Mielno and the Client shall be settled by common courts with jurisdiction over the seat of Blue Marine Mielno.