The services specified in these Regulations are provided by:
WorkTrips limited liability company with its seat in Poznań, Al. Wielkopolska 67/3, with NIP 7812031945 and REGON 521 168 839, hereinafter referred to as “WorkTrips“.
From the moment of acceptance of these Terms and Conditions each company becomes a “Partner” and cooperates with the WorkTrips in accordance with the regulations set out below:
These Regulations are a model of general agreement between the WorkTrips and the Partner, concluded electronically by accepting its provisions by the Partner in the WorkTrips IT system. In the case of determining the content and signing the Regulations by WorkTrips and a specific Partner in writing, these Regulations constitute the content of the General Agreement between the parties. All references to the Regulations apply to the concluded General Agreement.
1. WorkTrips provides electronic services to the Partner, consisting of sharing the specific IT tool worktrips.com to the Partner, hereinafter referred to as ,,the System’’.
2. Sharing the System by the WorkTrips means enabling to the Partner to use the functionality of the IT tool dedicated for integration of travel services (deals), such as accommodation, flights and other travel services.
3. The Partner is entitled to use the System only within and to the extent provided in the Regulations.
4. WorkTrips does not provide services to individual consumers.
5. The provision of services will take place each time on the ground of individual orders made within the System.
6. Whenever these Regulations refer to hotels, this also means: b&bs, hostels and other entities providing accommodation services. Whenever these Regulations refer to service providers, they are understood as third parties offering intermediation in the booking of hotels and other travel services.
DECLARATIONS, RIGHTS AND OBLIGATIONS OF WORKTRIPS
1. WorkTrips provides the Partner with the System, which allows the Partner to check the accommodation service and other travel services provided by several suppliers, and allows the booking of accommodation and other travel services by the Partner’s users (integration of travel services).
2. The reply to the inquiry offer may also include suggestions for a range of other travel services. By selecting such a service, the user may be transferred to an external website, independent of WorkTrips. In such circumstances, the agreement for these services is concluded directly between the Partner and the operator of the external website.
3. WorkTrips may entrust the performance of services to its employees and other subcontractors at its sole discretion.
4. WorkTrips and its suppliers are entitled to develop and modify software and hardware used to provide services specified in the Regulations.
DECLARATIONS, RIGHTS AND OBLIGATIONS OF THE PARTNER
1. The Partner is a company or other registered entity and using WorkTrips’ services as a business tool.
2. The Partner agrees that WorkTrips will issue VAT invoices without a signature.
3. The Partner is entitled to share with WorkTrips and to the relevant service providers the personal data entrusted to the entity in order to perform the services specified in the Regulations.
USING THE SYSTEM
1. Using the System means acceptance of the Regulations and an obligation to comply with its terms and conditions of electronic services provision.
2. To use the System correctly, it is necessary to use a computer, internet connection and a standard internet browser in the most current version (eg Firefox, Internet Explorer, Chrome, Opera, Edge). WorkTrips provides a secure connection when exchanging data with the website (SSL protocol).
3. Every user who wants to use the services of the website or contact the website must have an active e-mail address.
5. The user may not use the site to post illegal content. A user who violates the regulations will be requested to cease making such violations. If the behavior of such a user does not change, the operator can disable access to the website.
6. The user is responsible for the accuracy of the provided data and is obliged to update it if it changes.
7. The content and information on the website are the property of the operator, service providers or hotel facilities. Any use of this content, including copying and processing, to the extent other than the usual use of the website, described in these regulations is strictly forbidden.
RANGE OF SERVICES
1. WorkTrips provides services to the Partner:
a. provides the System in the form of SaaS (Software as a Service),
b. grants the Partner a license to use the System.
2. If the Partner purchases services in order to organize business trips for his employees and co-workers, these Regulations constitute a general contract for organizing business trips, referred to in art. 3 point 2 of the Act on tourist events and related tourist services of 24th November 2017.
3. If the Partner purchases services for other purposes than those specified in paragraph 2 above, then these services are not travel events within the meaning of art. 4 point 2 of the Act on tourist events and related tourist services of 24th November 2017. The Partner is entitled to purchase only one travel service.
4. WorkTrips may make the System available to the Partner through a white label solution that the Partner may apply to any domain and share to its users.
5. WorkTrips provides travel concierge service. For this purpose the telephone number +48 609 009 386 and e-mail address email@example.com is provided to the concierge, who will assist the Partner and, if necessary, Partner’s clients. At every call of a Partner or client, the concierge will provide information about hotels or other tourist services via e-mail or telephone; in particular, meeting the criteria defined by the Partner or the client’s location, public or individual transportation with the facility, additional services, attractions and infrastructure located in the location of the facility. The content and messages provided by the concierge are for information and support purposes only. WorkTrips will use the utmost diligence to provide reliable and verified information corresponding to the request, however, WorkTrips does not bear any responsibility for the content provided by the concierge, including their accuracy, timeliness and usefulness. Tourist concierge services are available for the Partner nd client until check-out from the hotel or immediately after the end of the provision of another travel service.
6. The tourist concierge service does not constitute the main travel service, according to art. 5 para. 2 point 1 of the Act on travel events and related travel services of 24 November 2017.
7. In the cases referred to in point 4 above, the system may be accompanied by the Partner’s logo.
1. The information provided in the System comes from hotels and service providers who are responsible for the correctness of information provided into the System, in particular such as current availability, fee rates and booking conditions.
2. The user may choose and book a hotel via the System, amongst offers tailored to the booking preferences indicated by him.
3. The WorkTrips makes every effort to ensure that the submitted offer remains valid as long as is possible. However, WorkTrips guarantees that the offer remains valid for only ten minutes after its submission. WorkTrips strives to ensure that the user can take advantage of the offer at a later date, but the availability of hotels and the price of services (in particular due to changes in exchange rates -) may change. When making a reservation, the System will present the current price of selected services.
4. By making a reservation an agreement is made for the provision of accommodation services on the terms specified in these regulations and in accordance with the offer presented by the hotel or the service provider. The Partner or client enters into an agreement directly with the hotel or service provider. The moment of booking is sending the user a confirmation (voucher) by WorkTrips, the service provider or directly by the hotel, carrier or other entity that provides the service directly.
5. The system works only as an intermediary between the Partner or client, and the hotel or service provider, providing them with detailed information about the booking and correspondence.
6. From the moment of entering an agreement for the provision of accommodation services, the Partner or client becomes solely responsible for the booking, they have all rights and obligations arising from the contract with the hotel or service provider, in particular liability for non-performance or defective performance of the contract, including all required fees and other booking conditions.
7. By making a reservation, the user accepts the conditions specified by the hotel or service provider, including the conditions for cancelling the reservation and not appearing at the facility, as well as all additional conditions (including detailed rules specified by the hotel or service provider) that may apply to reservations or stay and services provided and / or products offered by the facility. Hotels may require that the user confirms the booking in paper or electronic form at check-in.
8. In the event that any additional costs will arise in connection with the given contract, including: chargeback, fees for electronic payments, handling, delays, cancellations, refunds, for additional services related to forgery or unauthorized use of funds, commissions, refunds, contractual penalties, etc., and all other charges related to the booking which will be charged to WorkTrips, this burden will be transferred to the Partner. WorkTrips can deduct the above costs together with a commission from funds transferred to pay for the reservation or to be returned to the Partner.
9. WorkTrips does not guarantee that the hotel’s search results according to the Partner’s parameters will meet expectations. In particular, the terms of a specific inquiry may prevent WorkTrips from submitting bids.
1. The confirmation of the reservation is a voucher. The Partner will receive a voucher to the specified e-mail address after booking and fulfilling the required formalities.
2. The voucher is necessary in order to use the reserved service and is a confirmation of payment and contract concluded with the hotel or service provider. The hotel or service provider with whom the Partner has concluded the contract is responsible for the implementation of the voucher.
3. The voucher contains the guest’s personal data, information about the date and place of reservation and the dates of possible cancellation of the reservation.
4. The voucher is valid until the reservation commences.
5. In the event of a cancellation within the permitted timeframe, the return of funds to the Partner is made by WorkTrips. Reimbursement for cancellations is made in accordance with the terms specified in § 6 point 7, in particular the return may be partial or may not be made at all, depending on the date of cancellation.
6. The possibility of changing the user’s data on the Voucher is dependant upon the hotel or service provider and may not be possible or could be additionally chargable.
REMUNERATION AND PAYMENT CONDITIONS
1. The Partner is obliged to pay WorkTrips’ remuneration for the provision of services.
2. Payments for selected travel services can be made electronically – by a payment card (VISA, Master Card), by a quick transfer (online payments) or BLIK.
3. Electronic payments are made through the electronic payment platform made available to WorkTrips by a third party. The partner is only responsible for paying for the reservation. If the payment is not made correctly or by the date specified by WorkTrips, the booking will not be made.
4. WorkTrips may grant a trade credit to the Partner. In such circumstances, the Partner is obliged to make a payment once the loan has been spent or the period for which it was granted has expired.
5. Commission on reservations made by the Partner or Partner’s customers is included in the price indicated by the System. The Partner pays the entire amount for the WorkTrips booking.
6. The payment date is the date WorkTrips receives the payment into their account. In the case of card payments, the payment is completed from the moment a positive transaction authorization is confirmed.
7. If there is a need to return funds for a transaction made by the Partner with a payment card, payment will be made by WorkTrips by wire transfer to the bank account assigned to the Partner’s payment card.
8. Invoices will be issued in the currency selected by the Partner from the available options and sent via e-mail to the provided e-mail address.
9. Some of the functionalities available in the System may be additionally chargeable, in such cases the Partner must accept the terms of payment before being provided with the functional data.
10. In the event of a delay of at least 3 days in paying remuneration, WorkTrips may discontinue providing services set in these Regulations, and in particular may disable access to the System for the Partner.
11. The user may not charge WorkTrips for any legitimate, allegedly unauthorized, unauthorized or incorrect payment card debts made by the hotel (including prepayments made, additional services, cases of non-appearance in the hotel or cancellation of reservations for which penalty is provided, etc. .).
12. WorkTrips is not liable for forgery or unauthorized use of cash made while using the services provided to the Partner, including any costs, fees, fines, contractual penalties, deductions or other debits to the Partner’s account. If the hotel or service provider charges WorkTrips for this, the Partner who made the booking using a false payment card or allowed unauthorized access is responsible for the costs.
1. The Partner may file a complaint regarding matters related to the functioning of the System, as well as the provision of services by WorkTrips, within 30 days from the day the cause for complaint occurs.
2. WorkTrips is only liable for failure performance or improper performance to the extent to which it was the fault of WorkTrips and relates to the range of its liability. If the complaint concerns services provided by the hotel or service provider, WorkTrips will immediately forward the complaint to the relevant entity and inform the Partner.
3. Filing a complaint is possible by e-mail – to the address: firstname.lastname@example.org or sending a letter by post to the WorkTrips postal address.
4. WorkTrips will respond to the complaint immediately, no later than within 7 days, unless the response to the complaint requires collecting additional information.
5. WorkTrips may not respond to a repeated complaint in the same case.
1. WorkTrips will be liable only for technical security of data stored and processed by using the System, including personal data.
2. WorkTrips is not responsible for the actual availability of offers presented by individual suppliers of travel offers and made available to the Partner under the Regulations. WorkTrips is not responsible for the content published in the System by hotels and service providers, including in terms of availability, prices, descriptions of conditions and details of the offer; However, WorkTrips obliges business partners to present the content of accommodation offers in a reliable manner in order to make the best possible services.
3. WorkTrips does not bear any responsibility for the way the Partner’s IT infrastructure works (including computer hardware, servers, software and links), with which the Partner will be using the System.
4. WorkTrips is not responsible for the quality of the Internet connection and for other websites to which links can be found in the System.
5. WorkTrips does not bear any responsibility for the data management and measures taken by the Partner to protect this data, for internal processes, procedures, systems or devices used by the Partner.
6. WorkTrips does not bear any responsibility for agreements entered into by the Partner or customers and Partner’s users directly with hotels or other entities whose offers have been made available in the System or to which the System contained links. WorkTrips acts only as an intermediary between the Partner or the Partner’s user and the hotel or service provider, providing them with detailed information about the booking and correspondence.
7. WorkTrips is not responsible for differences of hotel standards ratings in different countries; differences may arise from local or customary regulations regarding the standard and categorization of hotels, which may not be the same as national regulations.
8. WorkTrips is not liable for data provided by the Partner or its client (if it was provided incorrectly, it may prevent the hotel from performing the service).
9. WorkTrips is not responsible for breaking the regulations by third parties.
PERSONAL DATA PROTECTION
1. The personal data of the Partner and its users are processed by WorkTrips as the personal data operator.
2. The processing takes place in order to fulfil the contract and individual orders, in order to perform legal obligations incumbent on the administrator (keeping the accounting documentation) and the pursuit of legitimate interests of the administrator (possible claims recovery), in accordance with art. 6 par. 1 lit. b, cif Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection) – hereinafter referred to as “GDPR”.
3. The data provided by the Partner is processed, in particular name, surname, company, contact details, identification numbers, user’s data.
4. WorkTrips will perform the following operations regarding personal data: collecting, saving, processing, copying, deleting, storing, archiving, ordering, modifying, using for the purposes referred to in these Regulations.
5. The Partner declares that he is entitled to transfer the personal data of users to WorkTrips.
6. WorkTrips may entrust data processing from the Partner to external accounting companies and companies cooperating with WorkTrips, law firms and entities providing services necessary to perform this agreement, in particular hotels and service providers. External IT companies may also have access to it, in the field of providing and servicing software and IT equipment, as well as postal and courier companies, in the case of sending correspondence. During processing payments, data will be provided, in the appropriate scope, to payment service providers. In the remaining scope, the data will not be disclosed (made available) to other entities, except for the cases provided for in the applicable regulations.
7. Data will not be transferred to third countries or international organizations, subject to the possibility of providing it to hotels and service providers, which is necessary for the execution of a given service. The Partner acknowledges and accepts that the provisions on the protection of personal data in these countries may be less restrictive than the provisions of the GDPR. Such transfer takes place on the basis of art. 46 point 2 letter c or art. 49 point 1 letter c of GDPR.
8. The data will be stored for 10 years from the termination of the contract – due to tax regulations and time limits for claims.
9. The data is obtained from the Partner and from public registers.
10. The Partner and its users have the right to: demand access to their personal data, rectification, deletion, processing restrictions, opposition to processing, as well as data transfer, and may file a complaint to the President of the Office of Personal Data Protection.
ENTRUSTING PROCESSING OF PERSONAL DATA
1. The Partner entrusts WorkTrips the processing of personal data in order to provide services to the Partner, pursuant to art. 28 point 3 of GDPR.
2. The subject of processing data under these Regulations is only personal data which is necessary to provide services specified in the Regulations or other data voluntarily provided by the Partner.
3. The processing of data takes place over the period of service provision and for a period of 10 years from their completion.
4. WorkTrips declares that it provides sufficient guarantees to use appropriate technical and organizational measures in order to ensure that the processing of personal data meets the requirements of the GDPR and other applicable laws and protects the rights of the data subjects.
5. The Partner ensures that in the scope of personal data, in a case whereby the Partner is the processor, he has the appropriate consent of the data controllers to entrust WorkTrips with their processing as a further processing entity.
6. WorkTrips is obliged:
a. to process personal data only on the documented Partner’s order (an order issued electronically or in writing) subject to art. 28 para. 3 lit. a) GDPR – what is understood to mean placing an order in the System, by the Partner,
b. to process personal data in compliance with the provisions of these Regulations,
c. to process personal data with the possibility of transferring it to third parties:
• in the case of data required for the provision of hotel services and other travel services – for which the Partner hereby agrees,
• in the case of data other than data required for the provision of hotel services and other tourist services – the transfer is possible, if it takes place via the Partner’s written request or the Partner agrees to transfer the data or disclosure of data to other entities results from the obligation specified by law
d. to process personal data in person and with the help of authorized employees and associates; in such cases, WorkTrips bears full responsibility towards the Partner for failure to fulfil the data protection obligations imposed on the subcontractor and for meeting the same guarantees and obligations imposed on the WorkTrips in these Regulations; during the execution of a specific order, WorkTrips informs the Partner about any intended changes regarding the addition or replacement of other processors, thus giving the Partner the opportunity to object to such changes,
e. for the processing of personal data only by persons obliged to keep confidential or subject to the relevant statutory obligation of secrecy.
f. take all measures required by art. 32 GDPR.
g. to help the Partner through appropriate technical and organizational measures to meet the obligation of responding to requests of the data subject in the exercise of his rights set out in Chapter III of the GDPR,
h. taking into account the nature of the processing and available information, help the Partner meet the obligations set out in art. 32-36 GDPR,
i. after the completion of the provision of services and the expiry of the deadline set out in these Regulations, depending on the Partner’s sole decision, delete or return any personal data and delete any existing copies thereof, unless separate provisions order the storage of personal data,
j. share with the Partner all information necessary to demonstrate compliance with the obligations set out in this paragraph and enable the Partner or the auditor authorized by the Partner to carry out audits, including inspections, and contribute to them; The Partner undertakes to exercise control rights primarily in a remote manner, by submitting relevant queries, with a 30-day deadline for notifying about the planned inspection and the entity authorized to carry it out; WorkTrips immediately informs the Partner if in his opinion the issued order constitutes a violation of the provisions on data protection.
NEWSLETTER AND COOKIES
1. WorkTrips may send a newsletter to the Partner if consent is given. The Partner may unsubscribe to the newsletter at any time by clicking on a link in each of the sent messages.
DURATION OF THE CONTRACT
1. WorkTrips is entitled to terminate the contract for the provision of services indicated in the Regulations with immediate effect in the event of a breach of the provisions of the Regulations by the Partner, including late payment. WorkTrips may terminate the service provision agreement also when the Partner ceases to conduct business, including commencement of liquidation, insolvency and bankruptcy.
2. Both WorkTrips and the Partner are entitled to terminate the service agreement without giving a reason, with a one week notice. The termination is effective if it has been submitted to the other party in the form of an e-mail.
3. After the termination of the contract, the Partner is obliged to immediately stop using the services and all data provided by WorkTrips.
4. Termination of the contract results in the removal of the Partner Account.
CONFIDENTIAL BUSINESS INFORMATION AND THE CONFIDENTIAL CLAUSE
1. WorkTrips and the Partner are obliged to keep the content of these Regulations, rates of remuneration and WorkTrips’ information confidential except when disclosure is necessary in order to provide services specified in the Regulations
2. The confidentiality obligation is in force for the time of providing services as well as when the cooperation ends.
COPYRIGHT AND LICENSE
1. The System and its parts, individual texts and graphics may be legally protected; The System may contain trademarks and other intangible assets protected by intellectual property rights, as well as documents protected by copyright. They cannot be copied or used without WorkTrips’ permission, outside lawful use, according to the law.
2. All content contained in the System, including the appearance and solutions in the System and its infrastructure are protected by copyright.
3. The Partner may use the content in the System only in the range of permitted personal use. It is forbidden to copy and use all or part of the System; sharing via hyperlinks and deep links; publishing, promoting, selling or using in any other way content from the System, for purposes beyond the range of permitted personal use.
4. As part of the provision of services specified in the Regulations, WorkTrips shares the System to the Partner.
5. On the grounds of these Regulations, WorkTrips grants the Partner the right to use the System on a non-exclusive, non-legally and time-limited license, without territorial restrictions, on the area of exploitation on computers and other devices connected to the Internet.
6. The Partner has no right to grant any licenses or sub-licenses for the use of copyrights to the System without the consent of WorkTrips.
7. The remuneration indicated in § 8 also includes rights under the license referred to in this paragraph.
The Parties shall not be liable for ceasing to perform the provisions of these Regulations, if this results from force majeure. By force majeure, these Regulations are understood as extraordinary natural phenomena, such as earthquakes, floods, hurricanes as well as man-made events, e.g. warfare or violent riots, and public authority actions that must be subordinated to. Force majeure is an extraordinary and external event.
2. The agreement between WorkTrips and the Partner becomes binding from the moment of acceptance of the Regulations by the Partner and supersedes all previous arrangements between WorkTrips and the Partner, both written and oral.
3. All disputes or claims arising from or relating to the provision of the services described herein and the performance of the provisions of these Regulations are subject to Polish law and the jurisdiction of the Polish court competent for WorkTrips.
4. Any changes to the Regulations will be submitted to the Partner when logging into the System. In the absence of acceptance of amendments to the Regulations, the Partner has the right to terminate the contract with immediate effect.
5. The Partner is entitled to preserve or record these Regulations in any form, solely for purposes related to the performance of the provisions of these Regulations.