TERMS OF SERVICES AT WWW.CLUBMILES.PL
- 1. GENERAL PROVISIONS
1.1. The owner of the website www.clubmiles.pl is ClubMiles Sp. z o.o. with a registered office located at 18 Jana Dantyszka street, Warsaw, 02-054, Poland, and registered in the Register of Entrepreneurs of the State Register of Judges maintained by the District Court for the City of Warsaw, XII Economic Department of the State Court Register, under No. KRS 0000638598, Taxpayer Identification Number (NIP): 7010616829; number in the Register of National Economy (REGON): 365464662; which provides its Users with booking and purchase services on the www.clubmiles.pl platform (hereinafter referred to as ClubMiles).
1.3. In respect of Service Providers that act as International Air Transport Association (IATA) accredited agents as per the Regulation No. 261/2014 of the European Parliament and of the Council and International Air Transport Association Rules (http://www.iata.org/pages/default.aspx), ClubMiles acts as a subagent for booking and sale of air tickets and travel services as well as booking of hotel rooms. When concluding an air carriage contract and purchasing a ticket, ClubMiles acts as a subagent of Service Providers acting in the name and on behalf of the IATA air carrier; however, the air carriage contract is concluded between the air carrier and the User. ClubMiles will not be considered a party to the air carriage contract under any condition.
1.4. If a Service Provider is not an IATA accredited agent (in particular, is an air carrier of budget airlines or travel service providers), ClubMiles operates solely as the owner and the administrator of the Platform. The ClubMiles Platform provides online services used by Service Providers to advertise their services and by Users to book and purchase such services from Service Providers. Services are provided to the User by specific Service Providers in accordance with the Service Rules or with Commercial Terms and Conditions established by specific Suppliers; ClubMiles only performs technical actions that are necessary to conclude an agreement between the User and the Service Provider by transmitting the parties’ statements of intent.
1.5. General Service Terms and Conditions of specific Service Providers are provided prior to booking or purchase and must be expressly accepted by the User.
1.6. ClubMiles is not obliged to check information provided by specific Service Providers and will not be held liable to the User for the correctness and completeness of the data submitted by Service Providers.
- 2. DEFINITIONS
2.1. User: an individual who books or purchases Services, or any other individual on whose behalf or in whose interests the booking or the purchase is made, or any other individual for whom the booking or the purchase is made.
2.2. User Account: account on the Platform that allows to use the Services.
2.3. Services: booking and purchasing services for air carriage and hotel services provided by a specific Service Provider in accordance with the User's order placed on the Platform.
2.4. Platform: an online service www.clubmiles.pl, which is a website designed for fast searching, booking, and purchase of services rendered by Service Providers.
2.5. Service Provider: an IATA accredited agent, air carrier, or provider of hotel services whose offer is available on the Platform.
2.6. Air carrier: a business entity that has the right to perform air carriage on concessional grounds.
2.7. Air carriage: a flight or a series of flights in which passengers, cargo or baggage are transported for a fee.
2.8. Hotel services: short-term, publicly available rental of homes, apartments, rooms, places for overnight accommodation, or camping or trailer sites, as well as the provision of related services within the facility.
2.9. ClubMiles Loyalty Program: is a program for Diners Club card holders , where Members can accrue reward Miles for payment with the use of Diners Club cards on the ClubMiles Program Platform. Those miles can be redeemed for airline tickets and hotel bookings in accordance with the Rules of the ClubMiles Loyalty Program.
2.10. Ticket: a document issued to the User by the Service Provider (in particular, a document in the electronic form), which provides detailed conditions for the provision of air carriage services.
2.11. Voucher: a document that authorizes the use of hotel services purchased by the User.
2.12. IATA: International Air Transport Association (http://www.iata.org).
2.13. Transfer flight: a flight that includes at least two flight segments of one or more carriers.
2.14. Payment instrument: an individual instrument or a set of procedures agreed by the User and the Supplier that are used by the User to submit a payment order.
2.15. Payment card: a card that gives the right to send a payment order to an acceptor or to a clearing agent accepted by the acceptor in order to receive the funds payable to the acceptor, including a payment card within the meaning of item 15 of Article 2 of the Regulation (EU) 2015/751 of the European Parliament and of the Council.
- 3. GENERAL SERVICE TERMS AND CONDITIONS
3.1. The User accepts the provisions of these Rules when booking with the use of the Platform. By accepting these Rules, the User acknowledges having read, understood, and agreed with their provisions. The User voluntarily, knowingly, and completely agrees with the provisions of these Rules; the acceptance of these Rules is necessary for the use of the services of the Platform.
- 4. THE CLUBMILES LOYALTY PROGRAM
4.1. The rules for the accumulation and use of miles are specified in the ClubMiles Loyalty Program Terms. Any questions, suggestions, or complaints regarding the accumulation and the use of points must be sent to the Customer Service Department of ClubMiles via e-mail firstname.lastname@example.org in accordance with the provisions of the ClubMiles Loyalty Program Terms.
- 5. PLATFORM USE RULES
5.1. Registered Users are allowed to purchase each Service offered on the Platform using cash or miles accumulated in the ClubMiles Loyalty Program. If the User does not have enough miles to purchase the selected Service or wishes to use less miles, the payment can be made partially in cash and partially using miles (the "miles + money" option), where "cash" refers to the amount in Polish zlotys paid with the use of a credit card. Accumulated Miles may be exchanged or used to purchase flight tickets and hotel bookings available at the Platform at a minimum quantity of 100 Miles. Non registered Users who do not take part in ClubMiles Loyalty Program can purchase services available at the Platform by Diners Club International credit cards only.
5.2. Booking with the use of inaccurate data or another person's surname, as well as making payments for booked Services with the use of a counterfeit or a third-party payment instrument without the consent of the third party, is not allowed. If the Platform discovers such actions, ClubMiles reserves the right to immediately terminate the contract with the User and to report the situation to the relevant law-enforcement agencies.
5.3. The User confirms on behalf of himself/herself and on behalf of the persons in whose name and for whose benefit the Services are purchased by the User that:
5.3.3. the User is over 18 years
5.3.4.the User guarantees to meet the specified age range at the time of purchase of Services with age restriction when ordering such Services
5.3.5. the User can be held liable for the payment for Services on behalf of all the persons for whose benefit the Services are ordered.
5.4. ClubMiles will not be held liable for action or inaction of Service Providers.
5.5. Services’ Refunds and Exchanges could be requested during business hours only but not later than 24 hours prior to departure of your flight/date of your check-in*. Exchange (including Upgrade) of the Airline Ticket, Extra baggage or Hotel Booking could be paid by card only, payment by Miles is not allowed in this case. Please note: once paid, the baggage fee is not refundable.
*In some cases for refund and exchange services as well as for purchasing of additional baggage Administrative fee could be required
- 6. USER REGISTRATION AND USER ACCOUNT
6.1. The User can use the Platform as a registered User or without registration. Registration of Users on the Platform is free of charge. Registration on the Platform is equivalent to the creation of a User Account.
6.2. The login and password for the User Account specified by the User are confidential and the User must not transfer them to third parties for security reasons. The User Account is private and must not be accessible to third parties.
6.3. The User has the right to delete his or her User Account at any time by submitting an application for the deletion of the User Account. ClubMiles has the right to remove the User Account in accordance with ClubMiles Terms and Conditions if the User's actions violate the provisions of these Rules (in particular, prevent other Users from using the Platform).
- 7. SERVICE BOOKING
7.1. When booking Services, the User is expressing his intention to purchase Services from the Service Provider using the Platform according to the selected parameters.
7.2. To book Services, the User shall have an active email address and an active phone number. Communication with the User will be made at the email address and the phone number indicated by the User.
7.3. When booking a Service, the User grants permission to ClubMiles to process the personal data of the User and accompanying persons indicated during the booking to the extent necessary to provide Services in accordance with these Rules.
7.4. Booking and purchase of Services via the Platform is made on the www.clubmiles.pl website, which ensures processing, storage, and transmission and reception of data via telecommunication networks as defined in the Act of 18 July 2002 on Providing Services by Electronic Means.
7.5. Booking of a Service is not equivalent to the purchase of a ticket or a hotel service until the electronic ticket or a voucher that confirms the purchase of the hotel service will be issued.
7.6. Services can be booked using the Platform. When booking a Service using the Platform, the User performs this operation on his/her own.
7.7. When booking a Service, the User confirms having read and accepted these Rules.
7.8. In the process of booking, the User must indicate the following data: gender, the name and surname of the person who will use the Service, the email address, date of birth, passport/ID number, the Service parameters, and the form of payment. In the absence of any of the above data, booking is not possible.
7.9. Air-ticket booking service parameters include, in particular: the place of departure and arrival, the date of departure, the possible date of the return flight, the number of passengers (with the indication of their ages).
7.10. Hotel booking service parameters include, in particular: check-in and check-out dates, the type and the number of rooms, meals, and the number of persons who will use the Service.
7.11. Air-ticket and hotel booking service parameters can include additional elements (in particular, elements related to individual preferences of the User).
7.12. When booking a Service, the User must thoroughly check the parameters of the Service as well as any other data submitted at the time of booking, bearing in mind that any further changes in the data may not be possible or may incur additional costs.
7.13. The price of the Service, which the User is obliged to pay, is the total cost of the selected Service.
7.14. Service Parameters which are indicated in 7.8, 7.9, 7.10 may differ depending on Service module or/and Service provider.
7.15. The User should not consider any recommendations for the parameters of Services of specific Service Providers hosted on the Platform as instructions.
7.16. Booking is confirmed by sending the booking number with all the parameters of the booked Service to the email address specified by the User.
7.17. In case of booking of Transfer Flight tickets, which provide for the use of services of one or more Service Providers, through ClubMiles and also taking into account the risks associated with short transfer time (in particular, the risks of delays, changed departure or arrival time, using one of the alternative flight options), ClubMiles will not be held liable for the inability of the User to use the Service through the fault of one or any Service Provider.
7.18. ClubMiles will not be held liable for changes in and cancellations of the booking made by the Service Provider. Any information about changes in the booking will be sent to the email address provided by the User during the booking on the ClubMiles website.
7.19. Any claims of the User associated with the change of terms and / or conditions should be addressed to the Service Provider with which the User has entered into a contract.
- 8. PAYMENT RULES
8.1. The User can pay for the Services using a Diners Club credit card.
8.2. For registered Users each Service offered on the Platform can be purchased using cash or miles accumulated in the ClubMiles Loyalty Program. If the User does not have enough miles to purchase the selected Service or wishes to use fewer miles, the payment can be partially made using miles and partially in cash (the "miles + money" option), where "cash" refers to the amount in Polish zlotys with the use of a credit card. Accumulated Miles may be exchanged or used to purchase flight tickets and hotel bookings available at the Platform at a minimum quantity of 100 Miles. Non registered Users who do not take part in ClubMiles Loyalty Program can purchase services available at the Platform by Diners Club International credit cards only.
8.3. The User acknowledges that the Service Provider may change the final price prior to issuing the air ticket or the voucher. In addition, the User acknowledges that the change in the conditions (including the price) of the concluded air carriage contract or hotel services contract is based on the rules of this Service Provider.
- 9. CREDIT CARD
9.1. The User performs payments by means of a credit card at his/her risk in accordance with the conditions of using the credit card fixed in the agreement concluded with the card issuer. ClubMiles will not be held liable for the usage of the credit card by the User.
9.2. When paying for the selected Services by a credit card, the User acknowledges having the right to use the card. When making payment, the User entitles ClubMiles to withdraw a certain amount for the selected Services from the credit card account and to save information about the performed transaction.
9.3. In case of any doubts about the authenticity and validity of the credit card data specified by the User, as well as in order to verify the credit card holder, ClubMiles has the right to refuse to accept payments by credit card, whereof it must promptly notify the User.
9.4. In order to ensure the correct payment by a credit card, the User must provide the following information when paying by a credit card:
9.4.1. the name and surname of the credit card holder
9.4.2. the credit card type
9.4.3. the credit card number
9.4.4. the credit card expiration date
9.4.5. the CVV/CVC code (the last three digits on the back of the credit card)
9.5. In case of payment by a payment card, ClubMiles may require prior confirmation by the card issuer that the User has sufficient funds in the account to pay for the Services. The amount will be debited from the User's card immediately after the transaction is completed.
9.6. Provision of all the above data does not guarantee the card issuer’s positive authorization of the payment by a credit card. ClubMiles will not be held liable for any credit card transaction rejected by the card issuer.
9.7. When paying by a credit card, the User may be obliged to pay an additional fee in favour of the financial institution that issued this credit card.
9.8. In case of positive authorization of the User's credit card, the message confirming the placement of the order for these Services will be sent to the User's email address together with detailed information on the payment.
9.9. When paying with a credit card, the payment (including the input of the card number) will be performed on a secure page with an international security certificate. The security of payments is certified by a PCI DSS certificate. After entering credit card details on the secure payment page, the User will be redirected to the processing server using SSL encryption technology.
9.10. Payment by a credit card means debiting of the amount equal to the cost of air tickets or hotel services from the account linked to the credit card. By entering the data required to make a payment by a card, the User agrees to debit the amount equal to the cost of air tickets or hotel services from the credit card.
9.11. ClubMiles will immediately inform the User in the event of the absence of authorization of the User's credit card via electronic massage at the platform.
9.12. If the payment by a credit card is impossible, including in the event of refusal to authorize a credit card, the User has the right to cancel the booking or purchase of Services during the term of payment.
Chargeback should be accepted by the card issuer and the Merchant in written. The merchant is obliged to accept the chargeback only if the chargeback was issued because of the Merchant’s omissions like: late or no delivery of purchased flight ticket/hotel reservation, missing credit coming from the refunded service (if the service was refunded according to the refund regulations communicated to the clients before the purchase), or if the transaction was made by a person not authorised to use the payment card or the transaction was made not un according to 9.4.
- 11.PURCHASE OF SERVICES
11.1. After making payment for the Services in accordance with the booking terms and regulations, the User receives an air ticket or a voucher that gives the right to use the purchased services at the email address specified by the User at the time of booking.
11.2. The conclusion of a contract between the User and the Service Provider occurs at the moment of receipt by the User of the air ticket or the voucher that gives the right to use the purchased hotel services at the email address specified by the User at the time of booking.
11.3. Electronic tickets and boarding documents are issued by most Service Providers in the electronic form (for example, airlines) and allow traveling without a ticket in the paper form. The electronic ticket is stored in the booking system of the Service Provider.
11.4 The User does not receive a paper confirmation, receipt or ticket.
11.5. During the check-in, the User must show the booking number or a printed electronic ticket as well as relevant identity documents (including the ID or passport).
11.6. All amounts in which the price of the Services is expressed are indicated in PLN and include VAT (if applicable according to the current legislation).
- 12. TAX INVOICE ISSUANCE PROCEDURE
12.1. For the services booked or purchased using the Platform, ClubMiles issues a tax invoice in the electronic form and sends it to the email address specified by the User. By making the purchase and accepting these Rules, the User agrees to the receipt of electronic tax invoices in accordance with Item 32 of Article 2 of the Act of 11 March 2004 on Goods and Services Tax ("Journal of Laws," 2016, Item 710 as subsequently amended). The terms and conditions for the provision of Services by specific Service Providers may provide for special conditions for the issuance and delivery of tax invoices.
- 13. INSURANCE
13.1. ClubMiles will not be held liable for any damage incurred as a result of failed or improper performance of the contract by a Service Provider, and/or through the User's fault, or as a result of force-majeure circumstances.
- 14. PASSPORTS AND VISAS
14.1. The User will be held liable for checking all the requirements for passports, visas, and other immigration documents and receiving them at relevant embassies/consulates before the departure (before the use of the Services).
14.2. Neither ClubMiles nor the Service Provider will be held liable if the User cannot use the Services and travel due to the User's non-compliance with any passport, visa, and immigration requirements.
- 15. CLAIMS
15.1. The User has the right to submit a claim for Services provided within the framework of the Platform at www.clubmiles.pl. The User can send a claim in written to ClubMiles Sp. z o.o. To the company address at 18 Jana Dantyszka street, Warsaw, 02-054, Poland or at the following email address: email@example.com. ClubMiles will inform the User about the acceptance of the claim for consideration and the consideration result within 30 days of receipt of the claim. The User must specify the Service to which the claim relates, the reason for the claim, and the data that allow the User to be identified in the claim. If the filed claim does not comply with the above conditions, ClubMiles will request the User to supplement the claim and will indicate the period for such amendment, which must not be less than 7 days. In case of failure to supplement the claim as provided above within the specified period, which makes the consideration of the claim impossible, the claim will be left without consideration.
15.2. Any claims regarding Services themselves must be sent to relevant Service Providers except Service Providers that act as IATA accredited agents. If claims regarding Services that are not considered by ClubMiles are filed with ClubMiles, ClubMiles will notify the User thereof and will inform the User about the requirement to file the claim directly with the relevant Service Provider.
15.3. The User must immediately notify the Service Provider or ClubMiles of any problems that may arise during the travel. If the User intends to file a claim for the Services after the provision of the Services, he/she must contact the Service Provider directly.
- 16. LIABILITY
16.1. ClubMiles will not be held liable for the performance of, and is not a party to the contract concluded between the User and the Service Provider for the provision of the selected Services.
16.2. The liability of ClubMiles is limited to providing reasonable precautions in the course of the booking process with the use of the Platform in accordance with the applicable provisions of these Rules.
16.3. ClubMiles will not be held liable for non-compliance of the Services with the expectations of the User or third parties. Advice or recommendations given to the User are not considered a guarantee.
16.4. ClubMiles will not be held liable for any loss or moral damage incurred by the User or third parties as a result of misunderstanding or incorrect understanding of the information about the services payment procedure as well as about the receipt or the use of Services. Neither ClubMiles, nor its employees, nor individuals or entities that cooperate with ClubMiles will be held liable for any direct or indirect loss arising from the sale of the Services (including lost profits) and for the unauthorized access to personal data.
16.5. If ClubMiles is held liable toward a User who is not a consumer, the maximum liability of ClubMiles will be limited to the cost of booking of the Service (or the corresponding part of the cost if not all the persons indicated in the booking have suffered losses).
16.6. All claims of Users for failed or improper provision of Services must be filed with Service Providers; claims may only be filed with ClubMiles in case of inadequate provision of services within the framework of the Platform.
16.7. The principles of liability of the airline for the baggage accepted for carriage are regulated in accordance with international conventions; all claims must be filed with the Service Provider with whom the User has entered into a contract. ClubMiles is not entitled to pay any money as compensation for lost baggage.
- 17. FORCE-MAJEURE CIRCUMSTANCES
17.1. Unless otherwise expressly provided in these Rules, ClubMiles will be released from liability towards the User in respect to the demand for refund or compensation if the liability of ClubMiles towards the User results from a force-majeure event that ClubMiles or the Service Provider could not foresee nor avoid, even with due diligence.
17.2. Force-majeure circumstances include, in particular: a war, the threat of a war, a civil war, terrorist activities and their consequences or threats of such activities, riots, acts / laws of the government or other authorities (both national and local, including port or river administration, aviation, and railway administration), industrial conflicts, natural disasters, a nuclear catastrophe, a fire, a chemical or biological disaster, strikes and other similar events beyond the scope of control of ClubMiles or the Service Provider.
- 18. RULES OF SERVICE PROVIDERS
18.1. The services ordered by the User are provided by Service Providers, which are independent of ClubMiles. Service Providers provide Services in accordance with their own rules and conditions. Some conditions may limit the liability of the Service Provider towards the User in accordance with applicable international treaties. Service Providers must provide copies of relevant parts of the above conditions upon the User's request.
- 19. REFUND
19.1. Services paid partially by a credit card and partially with miles are non-refundable. Services paid in full with accumulated miles are non-refundable.
19.2. In case of payment for the Services in full with Money refund is possible subject to the particular Service Provider’ terms and conditions. In the changes are prohibited by Service Provider's then services not possible to be refunded. Terms of changes and refunds are defined in the rules of the particular Service Provider.
19.3. Refund and exchange of air tickets and booked hotel rooms paid by a credit card only are governed by the rules for the provision of Services of a specific Service Provider with which the User has concluded a contract. Refunds will be possible if they occur before the date determined by the Service Provider and if provided for by the conditions of the Services established by the specific Service Provider. Before purchasing air tickets or hotel services, the User must become familiarized with the terms of their refund that are established by the Service Provider. Payments made by a credit card are not refundable in full. In case of return of Services, service charges are non-refundable.
19.4. Services paid partially by a credit card and partially with miles are non-refundable. Services paid in full with accumulated miles are non-refundable. Miles have no monetary value and in any case cannot be exchanged for cash.
19.5. Airline tickets of the following airline companies: WizzAir, RyanAir, EasyJet, Vueling, Eurowings, Norwegian, Volotea are non exchangeable and non-refundable despite the form of payment. The list of Airlines can be changed, the changes became effective on the date of publication of the updated list in the current document.
- 20. CANCELLATION AND MODIFICATION
20.1. If the User cancels or changes the booking during the provision of Services, the Service Provider may charge the User a cancellation or modification fee specified in the Rules of the Service Provider in an amount of up to 100% of the cost of the Services. The cancellation or modification fee may vary greatly depending on the Service Provider.
- 21. SERVICE MODIFICATION AND CANCELLATION BY THE SERVICE PROVIDER
21.1. ClubMiles informs the User about any modifications or cancellation of the provision of Services within the shortest time possible. If a Service Provider offers replacement or refund of the cost of the Services, the User notifies ClubMiles of the accepted option within the term specified by ClubMiles. If the User does not provide such information to ClubMiles, the Service Provider will make a selection for the User in accordance with the rules of the Services rendered by the Service Provider.
21.2. ClubMiles will not be held liable for any modifications or cancellation made by the Service Provider upon the User's request on the basis of a contract concluded by the User and the Service Provider during the provision of Services.
- 22. PERSONAL DATA PROTECTION
22.1. The operator of personal data processed on www.clubmiles.pl is ClubMiles Sp. z o.o. with a registered office located at 18 Jana Dantyszka street, Warsaw, 02-054, Poland, and which is registered in the Register of Entrepreneurs of the State Register of Judges maintained by the District Court for the City of Warsaw, XII Economic Department of the State Court Register, under No. KRS 0000638598, Taxpayer Identification Number (NIP): 7010616829; number in the Register of National Economy (REGON): 365464662.
22.2. By filling out the booking or purchase form, the User agrees to the processing of his/her personal data by ClubMiles for administrative and statistical purposes.
22.3. ClubMiles processes the following personal data: the name, the surname, the date of birth, the email address, the phone number, information about accompanying persons (prior third parties’ consent to the input of their personal data and travel preferences on the ClubMiles website shall be obtained ), and the ID number. These data can only be accessed and modified in the User Account. For non registered Users changes could be done upon request via e-mail firstname.lastname@example.org. As for the personal data of children, the consent to the processing of their personal data is provided by the User.
22.4. User's credit card details (if needed during the booking process) will be transferred to the Acquiring Bank to complete the process of payment. After they will be removed from the ClubMiles system.
22.5. In case of refusal to participate in the ClubMiles Program, User's data will be stored for additional 3 months, after which they will be deleted from the system of the Company.
22.6. The above personal data are used by ClubMiles solely for the purpose of proper execution of the contract as well as for the direct marketing of its own services.
22.7. In order to ensure correct processing of personal data of our clients we have implemented technical and other solutions required to ensure the highest level of personal data protection. Security measures consist, in particular, of encryption of electronic information, protection of databases from unauthorized access, and authorization of access to databases (which is carefully monitored by senior management).
22.8. ClubMiles applies strict procedures for the regulation of the storage of personal data; all the data that are not necessary for program participation are irretrievably removed. ClubMiles uses appropriate business systems and procedures to protect entrusted personal data of our Users, including security procedures as well as technical and physical restrictions of access and use of personal data on the Company's servers. All the Company's servers are located in the territory of the European Economic Area and can only be accessed by authorized persons in the course of performance of their official duties.
22.9. Users and other persons whose data are processed within the ClubMiles Program have the right to check, amend, supplement, and delete their processed personal data.
22.10. ClubMiles may transfer personal data to the Service Providers with whom the User has concluded a Service Contract. For the purpose of implementing the Contract, ClubMiles transfers information containing the name, the surname, the sex, and the age of the User directly to the systems of the Service Providers. By using the system, the User agrees to the processing and the transfer of his/her personal data by Service Providers for the provision of Services. Provision of data is voluntary but necessary for the use of Services: the volume of the data required for each booking of services will be appropriately determined during the booking process. The user has the right to access the contents of his/her data and to change these data. Detailed conditions for the processing of personal data are determined by relevant provisions of specific Service Providers.
- 23. FINAL PROVISIONS
23.1. Prices, descriptions, materials, and other information published on the Platform do not constitute an offer in the meaning of the Civil Code.
23.2. Property copyright to works placed on the Platform belongs to ClubMiles or to third parties. The User has the right to use the information placed on the Platform, record it, and print the selected pages only for personal purposes.
23.3. ClubMiles reserves the right to unilateral amendment of the contents of the Rules. ClubMiles implements the amendment of the Rules by publishing a new version of the Rules on the www.clubmiles.pl website. The amended Rules come into force after their publication on the above website. In the event of amendment of the Rules, the obligations of the User will be governed by the Rules accepted at the time of booking. The User has the right to view archival versions of the Rules.
23.4. The contract concluded by the User and ClubMiles is governed by the current legislation of the Republic of Poland.
23.5. The matters not regulated by the Rules will be covered by the current legislation of the Republic of Poland, in particular, by the Civil Code and the Act of 30 May 2014 on Consumer Rights.
23.6. The User has the right to withdraw from the contract for the provision of services rendered by ClubMiles within 14 days from the date of such an agreement by sending a notice of withdrawal from the contract in written to ClubMiles Sp. z o.o. company address at 18 Jana Dantyszka street, Warsaw, 02-054, Poland or to the email address: email@example.com; the notice must inform ClubMiles about the withdrawal of the User from the contract by means of explicit statement. To submit the notice of withdrawal from the contract, the User may use the contract withdrawal form which could be requester by the email address: firstname.lastname@example.org Immediately upon receipt of the notice of withdrawal from the contract, ClubMiles confirms its receipt by means of a letter sent to the email address specified by the User at the time of booking. In order to comply with the deadline for the withdrawal from the contract, sending the information about the withdrawal from the contract by mail before the expiry of the contract withdrawal deadline is sufficient. After ClubMiles renders the service, the User will lose the right to withdraw from the contract. The right to withdraw from the contract will not under any condition apply to Service Contracts concluded by the User with the Service Provider.
23.7. Any disputes between the User and ClubMiles arisen from or related to the concluded contract shall be settled by negotiations between the Parties. If, as a result of negotiations, the Parties fail to reach a mutual agreement on the differences arisen, and in case if one of the Parties evades negotiations, the dispute shall be resolved at a Court of competent jurisdiction.
23.8. In the event of a dispute between ClubMiles and the consumer regarding the use of the Platform, the Internet platform for resolving disputes on consumer protection can be used, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
23.9. Any disagreement between a consumer client and the Service Provider is resolved in the manner prescribed by the rules of the Service Provider accepted by the client for the purpose of purchasing services.
- 24. GENERAL ADVICE FOR TRAVELLERS
24.1. TIME ZONES
24.1.1. All dates and times of arrival and departure are listed in local time unless otherwise provided.
24.2. TRAVELLING WITH MINORS
24.2.1. The User must make sure to provide accurate information about the age of accompanied minors. During the booking, the User must indicate the age that the minor will reach at the time of the provision of the Services.
24.3. ACCEPTABLE BAGGAGE
24.3.1. Free baggage allowance depends on the carrier and the ticket class. As a rule, free baggage allowance is indicated in the User's ticket.
24.3.2. Before the trip, the User must make sure that the weight of his/her baggage does not exceed the free baggage allowance. The User can get information about free baggage allowance on the website of the Service Provider before departure.
24.4. TRANSFER AND OTHER SERVICES
24.4.1. Booking does not include transfer from the airport to the residence of the User. Please note that upon check out, the Accommodation Provider may charge local taxes and fees.
24.4.2. The User should remember that the hotels/apartments/hostels and other accommodation service provider may levy local taxes and fees upon check-out.
24.5. ACCOMMODATION CLASSIFICATION AND CLASS
24.5.1. Indicators of the comfort level of hotels in the description on the Platform correspond to the classification based on local state standards, which may differ from standards in other countries.
24.5.2. This classification is given solely as an indicator. If the meal is included in the price and the User has missed one or more meals, no refunds will be made.
24.6. SECURITY DEPOSIT AND RULES OF USING THE ROOM
24.6.1. Some hotels charge a security deposit from the customer on the day of arrival, which is paid directly to the hotel upon check-in.
24.6.2. The hotel returns the deposit to the User upon departure provided that the User has caused no damage to the hotel. The rules for using the hotel room may differ depending on the Service Provider; therefore, ClubMiles suggests specifying the information directly at the hotel.
24.6.3. Hotels may apply their own policies regarding security deposits and use of premises, for which ClubMiles will not be held liable.
24.6.4. Please note: some hotels do not accept Diners Club cards. The User must make sure to have another means of payment or cash.
24.7. RISK OF TRAVEL
24.7.1. Travelling to certain locations can be associated with an increased risk. ClubMiles encourages the User to review all the bans, announcements, and instructions of the Ministry of Foreign Affairs of the Republic of Poland before booking a travel abroad.
24.7.2. In addition, it is recommended that the User should consult a physician or contact a health facility for all the medical information related to the travel. In the course of provision of specific international flights, ClubMiles does not represent or warrant that the travel to the location is recommended and is not associated with risk, and will not be held liable for any loss or damage that arises from the travel to such locations.
24.8. CURRENCY EXCHANGE RATES
24.8.1. Currency exchange rates indicated on the Platform must be synchronized with the exchange rates in the GDS system. As a rule, exchange rates are updated at 00:01 a.m. (Central European Time) according to the standard procedure.
24.8.2. While the information contained on the Platform is believed to be accurate, ClubMiles does not guarantee such accuracy.
- 25. CASHBACK
25.1. GENERAL PROVISION
These Regulations constitute the basis for receiving cashback at clubmiles.pl onto Diners Сlub card and define the rights and obligations of its Users.
Only individuals aged 18 or older who have a valid Diners Club card are eligible to receive the cashback.
Reservation - reservation of the room at the hotel made by the User.
Card - Diners Club Card, issued by Diners Club Poland or an authorised institution in Poland.
Hotel - provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast) available for reservation on the Platform.
Qualified booking - the reservation of the hotel made by a User accessing the reservation system only via the ClubMiles Website, which corresponds to all requirements defined and described in clause 25.4 of these Terms of Services.
Cashback - is a rebate credited to the User onto the given Card number for making Hotel Reservation using the link https://www.booking.com/?aid=855614 and registering the Reservation through the Cashback Registration Form.
Cashback Registration Form - a form located at https://clubmiles.pl/cash_back_with_bookingcom, in which the User provides the number of a Qualified Booking, check-out date, the number of their Diners Club card to which the Cashback is to be credited, and their e-mail address.
Link - https://www.booking.com/?aid=855614 located on the www.clubmiles.pl website, which qualifies for crediting Cashback.
25.3. MAIN CONDITIONS OF THE USAGE OF THE WEBSITE
25.3.1. Only an individual who gave their prior consent to personal data processing on the Cashback Registration Form and agreed with Terms of Services can receive the Cashback. The User agrees to provide such data as: Diners Club card number, e-mail address. Data processing is carried out in accordance with the applicable legal provisions. ClubMiles Sp. z O.O. is the administrator of the following data: e-mail address, number of the Diners Club card given in the Cashback Registration Form in order to transfer Cashback. “ Personal data will be stored during 90 days after the date of Cashback registration if Booking number was not found in the system or 90 days after the date of cashback transfer. After that time the data will be securely deleted.
25.3.2. These Terms of Service constitute the only existing agreement between the Website owner and the User. Acceptance of the Terms of Services means that the User voluntarily accepts these terms.
25.4. TERMS AND CONDITIONS OF GETTING THE CASHBACK
The Website owner will credit 5% Cashback to the User onto his Card number indicated in the Cashback Registration Form for Reservation made with the use of the Link in accordance with the terms described in clauses 25.4.1 to 25.4.8 below.
25.4.1. Only Reservations made through the Link (https://www.booking.com/?aid=855614), defined as Qualified reservations, are eligible to receive the Cashback.
25.4.2. Reservations made directly through the Booking.com website (www.booking.com), without the use of the Link, will not be eligible for any Cashback.
25.4.3. The User is required to register every completed Reservation using the Cashback Registration Form in order to receive the Cashback.
25.4.4. The Cashback will not be paid if the reservation was canceled or in the case of User no-show, even if the User is charged by the Hotel or Booking.com in accordance with the cancellation policy applied to the reservation by the Hotel.
25.4.5. If reservation is confirmed by Booking.com at its sole discretion, the Cashback will be credited to the Card account that was indicated by the User in the Cashback Registration Form 45 (forty-five) calendar days after check-out date if the User registered his booking before his check out date. If the User registered his booking after his check out date Cashback will be credited to the Card account that was indicated by the User in the Cashback Registration Form 45 (forty-five) after the Cashback Registration Form is received by Website owner (clubmiles.pl).
25.4.6. The Cashback amount is based on the booking value only and does not include other charges such as taxes, services, room service, restaurant bill, mini bar, spa charges, etc. The User receives the rebate for making hotel reservations using the Link in EUR. The amount of Cashback is converted into Polish Zloty using the currency exchange rate of the National Bank of Poland on the check-out date during business days (from Monday to Friday) and on the last business day before the check-out date if the check out was done during weekends or public holidays.
25.4.7. This promotion is available and applicable only to the holders of Diners Club cards issued on the territory of Poland.
25.4.8. The amount of the Cashback is non-transferable and cannot be exchanged for cash or other products and services.
25.5. FINAL PROVISIONS
25.5.1.Violation of the rules which are constituted by the Terms of Services shall result in rejection of the Cashback.
25.5.2.If the Cashback was not credited to the User because of the reason depending on the User, the Website owner will not be liable for it.
25.5.3. The Website owner reserves the right to attract third parties to ensure services under this Terms of Service to be provided to the User.
25.5.4. CubMiles sp. z o.o. (the Website owner) reserves the right to change in whole or in part the Terms of Services at any time. Any changes to the statement will be communicated to the Users by way of an e-mail or a notice on our website.
25.5.5. The qualifying and participating Cardholders are bound by the Terms and conditions of Booking.com and Terms of Services of clubmiles.pl and generally applicable law.