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TERMS OF SERVICE
RATE CLEANER

§ 1. DEFINITIONS

  1. Website – a website consisting of an application through which the Service Provider provides Services to the User, available at app.ratecleaner.com and from the information page for contact between the User and the Service Provider, available at ratecleaner.com. The Website is run by the Service Provider,
  2. Regulations – these regulations of the Website referred to in Art. 8 of the Act of 18 July 2003 on rendering electronic services (Journal of Laws 2020, item 344 as amended),
  3. Service Provider – a company operating under TRAVEL MINDS spółka z ograniczoną odpowiedzialnością (a limited liability company) with its seat in Wrocław (53-025), ul. Skarbowców 23A, entered into the register of entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Register of Entrepreneurs under the number KRS 0000867363, NIP: 8992888262, REGON: 387412180., share capital: 5.000,00 PLN,
  4. Client – an entrepreneur using the Services provided by the Service Provider electronically as part of the Website (including in particular by creating an account), to the extent described in these Regulations,
  5. Agent – Entrepreneur, offering the service of booking rooms in hotels, using the Services provided by the Service Provider electronically on the Website to the extent described in these Regulations,
  6. User – Client or Agent, collectively referred to as such for the purposes of the provisions of these Regulations, in order to regulate their common rights and obligations in connection with the use of the Website,
  7. Entrepreneur – an entrepreneur within the meaning of art. 431 of the Civil Code, i.e., a natural person, a legal person, or an organizational unit without legal personality, which the law grants legal capacity, conducting business or professional activity on its own behalf, using the services provided by the Service Provider electronically on the Website,
  8. Registration Form – a form that allows the User to create an Account, available on the Website at https://ratecleaner.com/register,
  9. Contact Form – a form available on the Website at www.ratecleaner.com that allows the User to contact the Service Provider,
  10. Account – a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password assigned to the User, in which the Users’ data is collected,
  11. Sub-account – a set of resources in the Service Provider's IT system, marked with an individual name (login) and password, available as part of the Account, created by the User for his/her employees and / or associates, regardless of the legal basis of employment, depending on the Account, with access given and received by the User,
  12. Services – the Website functionalities available on the Website, which Users may use on the terms provided for in the provisions of these Regulations, are the subject of the Agreement,
  13. Support Services – the assistance provided by the Service Provider to the User, available through specified communication channels, intended to address and resolve queries and issues related to the use of the Website.
  14. Updates – modifications, enhancements, bug fixes, and other alterations to the Website, deployed under a continuous development approach.
  15. Major Releases – significant modifications or enhancements to the Website, entailing notable changes to its usage, features, or functionalities, and warranting communication to the User by the Service Provider.
  16. Agreement – an agreement within the meaning of the Civil Code concluded between the Service Provider and the User remotely via the Website, the subject of which are Services,
  17. Order – Users's declaration of will, constituting an offer to conclude an Agreement with the Service Provider,
  18. Report – a set of data generated in the form of a file available to the Client as part of the use of the Services, presenting information on the descriptions of the room rates of the hotel facilities assigned to the Account, the Agent does not have the ability to generate the Report, however, has the ability to copy and send a link to the page containing the retrieved data in this regard,
  19. GDS – computerized network system enabling data exchange between service providers in the tourism industry, mainly airlines, hotels, car rental companies and travel agencies. GDS offers real-time availability of places (e.g., in hotel rooms) and provides data on services related to the tourism industry. The Service Provider uses GDS to provide Services to the User, to the extent and on the terms described in the Regulations,
  20. Force Majeure – unforeseeable and preventable random events, in particular: sudden serious industrial and technological failures, suspension of energy supplies, limitations caused by war, strike, natural disaster, epidemic or management of national and local authorities preventing the implementation of the subject of the contract, or the provision of Services, etc.,
  21. Privacy Policy – a document available on the Website, setting out the rules related to the processing of personal data by the Service Provider as part of the Website, being the fulfillment of the information obligation referred to in the provisions on the protection of personal data,
  22. Cookies Policy – a document available on the Website, informing on the tracking tools used by the Service Provider through the Website for Users,
  23. Civil Code – the Act of 23 April 1964 - Civil Code (Journal of Laws, 2022, item 1360 as amended).

§ 2. GENERAL PROVISIONS

  1. These Regulations apply to the Services provided by the Service Provider via the Website in favor of Users.
  2. The services provided electronically by the Service Provider on the Website consist of enabling the Client by the Service Provider, in particular:
    1. to conclude Agreements on the terms specified in the provisions of these Regulations,
    2. to set up and have an Account and Sub-accounts on the Website,
    3. to download and display detailed data on hotel rate descriptions,
    4. to receive the information indicated in section 3 letter e below,
    5. to use other services available on the Website.
  3. Services provided electronically by the Service Provider on the Website shall consist of enabling the Agent by the Service Provider, in particular:
    1. to conclude Agreements on the terms specified in the provisions of these Regulations,
    2. to set up and have an Account and Sub-accounts on the Website,
    3. to search for hotels,
    4. to search and verify rates for a given hotel,
    5. the possibility to report a problem with the rates for a particular hotel,
    6. to use other services available on the Website.
  4. Clients accept the possibility of receiving messages, regarding the notification of any problems with rates, in accordance with the provision of section 3 letter e) above.
  5. Announcements, advertisements, and other information about the Services provided on the Website should be read as an invitation to conclude an Agreement, having regard to Art. 71 of the Civil Code.
  6. The Website provides Services in a subscription model on the territory of the Republic of Poland and abroad.
  7. The Service Provider exercises the utmost diligence in the implementation of Agreements and Orders.
  8. For the effective implementation of the Services provided as part of the Website, a device (computer, tablet, smartphone, etc.) with internet access is necessary.

§ 3. CONDITIONS OF USE FOR THE WEBSITE

  1. Users are obliged to use the Website in a manner consistent with applicable law, principles of social coexistence and morality, with respect for personal rights and the intellectual property rights of persons or third parties.
  2. Using the Website is completely voluntary.
  3. Users may not take actions that could affect the proper operation of the Website, in particular, Users may not:
    1. interfere with the content and graphic elements of the Website,
    2. post illegal content on the Website,
    3. introduce harmful data to the Website as an IT system, in particular in the form of malicious software, i.e. viruses, spyware, etc.,
    4. use the Website for purposes other than its intended use, i.e. in particular, it may not send out SPAM or similar messages and may not conduct any business, commercial, advertising or promotional activities on the Website for its own benefit, if this is not the subject of the Agreement.
  4. When completing the Registration Form, Users are obliged to read the Regulations and the Privacy Policy and to accept their content.
  5. When using the Website, Users are obliged to provide truthful and accurate data and information necessary to create an Account or to conclude and perform the Agreement.
  6. It is forbidden to transfer personal data of third parties via the Website without obtaining their prior consent. In the case of natural persons without full legal capacity, their consent should be expressed by their statutory representatives or legal guardians.
  7. Users, as well as any other person accessing the Website, are required to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including, in particular, for marketing, commercial or profit-making purposes) works within the meaning of the Law on Copyright and Related Rights, which does not apply to the ability to inform about and transfer data obtained through the functionalities of the Website.
  8. Violation of the provision of Section 7 of this paragraph shall constitute an infringement of the law, and thus shall constitute grounds for civil or criminal proceedings against persons or entities committing such infringement of intellectual property rights.
  9. The User is fully liable to the Service Provider and persons or third parties for damages related to:
    1. violation by the User of the law, including in particular the rights of persons or third parties and the provisions of these Regulations,
    2. improper or unauthorized use of the Website, as well as for related technical problems, loss of data or other damage to the operation of the Website, including in particular for carrying out the activities referred to in section 3 of this paragraph,
    3. posting on the Website any works within the meaning of the provisions of the Act of February 4, 1994 on Copyright and Related Rights (i.e.: Journal of Laws of 2019, Item 1231, 2245) in a manner that violates the intellectual property rights of the person or third party to whom such rights are vested.
  10. The User's liability referred to in the preceding section shall include both the compensation of the Service Provider and the third person or entity, as well as the incurring of additional costs that resulted from the infliction of damage, including, in particular, court costs, costs of legal representation, costs of enforcement proceedings and other reasonable costs incurred by the Service Provider in connection with the infliction of damage to it and in connection with claims of third persons or entities.
  11. The User shall be liable for the acts and omissions of third parties to whom he provides the opportunity to use the Website through the Account or Sub-account, as for his own, under the rules described in this paragraph and in the provisions of generally applicable law.

§ 4. CREATING/ DELETING AN ACCOUNT AND SUB-ACCOUNT; SUBSCRIPTION

  1. Creating an Account by the User requires filling in the Registration Form and clicking the dedicated button. Then the User will receive an activation link to the e-mail address provided in the Registration Form, which must be clicked for the registration to be successfully completed.
  2. After creating an Account in the manner referred to in section 1 of this paragraph, the User gains access to the Account via an individual login and password. An Account on the Website is established for an indefinite period and its possession does not create any financial obligations for the User towards the Service Provider. After establishing an Account, the User may be granted access to use the Services for a trial period, determined individually by the Service Provider for a given User.
  3. Access to the full functionality of the Account is obtained by the User:
    1. Customer - after the hotels are assigned to the Account and the Service Provider establishes a subscription plan and the Customer adds a credit card;
    2. Agent - after the Service Provider has established a subscription plan and the Agent has added a credit card or after receiving free trial access.
  4. The User has the option to cancel a purchased subscription at any time via the Website - effective at the end of the current subscription billing period. Cancellation of the subscription does not result in deletion of the User's Account.
  5. The Account may be deleted at any time by sending a request to delete the Account by the User to the Service Provider's e-mail address: privacy@ratecleaner.com. The activity of the Account will be maintained until the end of the subscription period paid by the User, after which the Service Provider will delete the Account. It is not possible for the User to delete the Account by himself.
  6. As part of the Account, the User may create Sub-accounts by selecting the appropriate option in the Accounts panel.
  7. The number of Sub-accounts that can be created per one User depends on the provisions of the Agreement and may differ from one User to another.
  8. During the trial period, indicated in section 2 of this paragraph, the Client may create Sub-accounts.

§ 5. USE OF THE SERVICES; RULES FOR SUBMITTING AND FULFILLING ORDERS

  1. Equivalent to setting up an Account on the Website by the User is the conclusion of an Agreement between the User and the Service Provider for an indefinite period of time, the subject of which is the provision of Services - respectively indicated in § 2 sec. 2 or § 2 sec. 3 of these Regulations, in particular consisting in downloading and displaying information about the descriptions of rates of a given hotel facility or hotel chain, indicated by the Client when creating the Account, as well as on the export of these data in the form of rate descriptions - for a single booking code in PDF format and for all booking codes in XLSX format - with regard to Clients, and in the case of an Agent - consisting in the possibility of providing a link to a page containing rate descriptions.
  2. Indication of errors and deficiencies in the descriptions of room rates shall be made by Service Provider and Agent on the basis of data collected from GDS systems.
  3. After the end of the test period referred to in § 4 sec. 2 of the Regulations, the User will receive, via the Account, information about the possibility of placing an order for the provision of Services after the expiration of the test period, along with a dedicated price offer prepared by the Service Provider presented in electronic form for acceptance by the User.
  4. The price offer referred to in section 3 of this paragraph includes the use of data from at least one GDS. The Service Provider reserves the right to modify the price offer in case the User uses data from more than one GDS system within his Account. A change in the number of GDS used may be made by the Service Provider with the consent of the User. After changing the number of GDSs used, the new price offer applicable to the User will enter into force starting from the next billing period.
  5. If the User does not place an Order after the end of the test period, the Agreement does not expire, however, the User loses access to use of the Services. The Client retains access to the Account with the functionality limited to the possibility of placing an Order at any time.
  6. Confirmation of placing an Order, launching the subscription and confirmation of the monthly remuneration determined on the basis of the offer referred to in section 3 of this paragraph, will be generated and communicated to the User via the Account functionality, in the "Billing" section and via e-mail sent to the e-mail address assigned to the User’s Account.
  7. The Service Provider reserves the right to interrupt the access to the Services for reasons beyond its control, in particular, for reasons related to GDS, as well as for reasons resulting from the occurrence of Force Majeure.
  8. The Service Provider reserves the right to cancel an Order if the User - despite being requested - has not rectified the deficiencies required for the effective implementation of the order within 5 days.

§ 6. SUPPORT SERVICES

  1. The Service Provider pledges to provide Support Services to the User throughout the duration of the Agreement.
  2. Users may access Support Services via email at support@ratecleaner.com and through a contact form within the Application.
  3. While the Service Provider shall exert diligent efforts to address and resolve User inquiries through Support Services:
    1. It does not assure a conclusive resolution,
    2. There is no commitment to particular resolution timelines.

§ 7. UPDATES AND RELEASES

  1. The Service Provider shall deploy Updates to the Website, following a continuous development methodology.
  2. The User acknowledges the necessity of such Updates for maintaining and enhancing the optimal functionality of the Services.
  3. Upon deployment by the Service Provider, Updates will be immediately applicable and accessible to all Users.
  4. The User agrees to utilize the updated Website, adhering to any new or modified features or functionalities introduced therein.
  5. The Service Provider commits to notifying the User of Major Releases through electronic communication, using the email address provided by the User upon registration, or via notifications within the Application’s interface.
  6. The User agrees to keep their email address accurate and up-to-date for receiving such communications.
  7. The Major Releases, once deployed, are immediately available to all Users.
  8. The User is encouraged to familiarize themselves with and adapt to the updated Website following Major Releases. The Service Provider commits to facilitating this process by providing comprehensive information and support as necessary.

§ 8. PAYMENTS

  1. In connection with the implementation of the Order, the Service Provider is entitled to monthly remuneration in the amount announced to the given User with information about the possibility of placing an Order, in accordance with the provision of § 5 sec. 3 of the Regulations, after the end of the test period.
  2. The User may make electronic payment for the remuneration referred to in section 1 of this paragraph, by means of a credit card, using the Stripe internet platform.
  3. The Service Provider provides the User with access to invoices via the Account functionality, in the "Billing" section, in the "Payment history" subsection. At the end of each billing period, the User will receive an e-mail with information about the next billing period, the type and amount of payment due, along with an attached invoice. The e-mail message referred to in the preceding sentence will be sent to the User's individual e-mail address assigned to the Account.
  4. Remuneration payment will be made automatically through monthly debit from the User's credit card, through the Stripe electronic payment platform, starting from the date of commencement of the ordered subscription.

§ 9. LIABILITY AND COMPLAINTS

  1. The Service Provider is not liable for the quality, correctness and truthfulness of the data generated from GDS, as well as for data entered into the Website by the User or other entities to which the User has granted access to the Website via a Sub-account, in particular, the Service Provider is not liable for any damage caused due to the quality, correctness, and truthfulness of data generated from GDS and data entered into the Website by the User or other entities to which the Client has granted access to the Website via a sub-account.
  2. If the User finds that the Service is performed defectively by the Service Provider, the User has the opportunity to inform the Service Provider of this fact.
  3. The defect referred to in section 2 above may only be related to the technical efficiency of the Website, subject to the exclusion of liability referred to in section 1 above, in § 5 section 8 and § 9 section 1 of the Regulations.
  4. The message addressed to the Service Provider should contain, in particular: the User’s data, information regarding the Service and Order, description and date of the Service malfunction and the User’s request.
  5. Complaints should be submitted in electronic form to the Service Provider's e-mail address: feedback@ratecleaner.com.
  6. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Service Provider will ask the person submitting the complaint to supplement it in the indicated scope and timeframe.

§ 10. PERSONAL DATA PROTECTION

  1. The Service Provider is the Administrator of the Users’ personal data.
  2. The Service Provider as the Administrator processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation), the Act of 10 May 2018 on the Protection of Personal Data (i.e. Journal of Laws 2019, item 1781) and other relevant provisions on the protection of personal data.
  3. All detailed rules regarding the processing of personal data, including, in particular, the purposes and legal grounds for processing and the rights of Users as persons whose personal data relate to, are included in the Privacy Policy.

§ 11. FINAL PROVISIONS

  1. The Service Provider reserves the right to introduce restrictions on the use of the Website due to its technical service, maintenance, or work on improving its functionality. At the same time, the Service Provider undertakes to make every effort to ensure that such restrictions and interruptions take place at night and last as short a time as possible.
  2. The Service Provider reserves the right to change these Regulations. The changes will come into force at the time clearly indicated by the Service Provider, not earlier than 7 days from the date of their announcement. Orders placed before the entry into force of the changes to these Regulations, referred to in the preceding sentence will be implemented on the terms applicable at the time of their submission. The User who does not agree with the changes introduced in these Regulations should refrain from further using the Website and the provisions of § 4 of these Regulations regarding deletion of the Account shall apply accordingly.
  3. Any disputes between the Service Provider and the User – subject to their mutual consent – will be resolved amicably or in the presence of an independent and impartial mediator.
  4. If it is not possible to settle the dispute amicably, the court having jurisdiction over the disputes will be the court having jurisdiction over the seat of the Service Provider.
  5. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply, including, in particular, the provisions of the Civil Code and provisions on the protection of personal data.
  6. The present Regulations apply from the 15 October 2023.
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