Shellter Resort & Spa Hotel Regulations

§1. SUBJECT OF THE REGULATIONS 

1. The Regulations define the subject of the provision of services, liability and stay on the premises of the Shellter Hotel (hereinafter “Hotel”) and are an integral part of the agreement, which is concluded by signing the registration card as well as by making a reservation and/or paying a deposit or the entire amount due for the stay at the Hotel. By performing the above actions, the Guest confirms that he has read and accepts the terms of the Regulations.
2. The Hotel Operator is Shellter Hotel Operator Sp. z o. o. with its registered office in Lubin, ul. Słowiańska 17, 59-300 Lubin, KRS: 0001149727, REGON: 540672862, NIP 6922543226 (hereinafter: “Operator”). 
3. The Regulations apply to all persons staying on the Hotel premises. 
4. The regulations are available for viewing at the hotel reception and on the hotel website. 
5. The guest should report any matters concerning the services provided by the Hotel to the Reception Desk, unless the Reception Desk has provided the guest with other instructions in this regard. 
6. A Guest is a person who has concluded an agreement with the Company for the provision of hotel services at the Hotel (hereinafter referred to as “Guest”). 
7. Fees for services provided in the Hotel or by the Hotel are specified in the price list.

§2. HOTEL DAY 

1. A hotel room is rented for a hotel day. 
2. The hotel day lasts from 15:00 to 11:00 the following day.
3. If the Guest did not specify the length of stay when booking a room, it is assumed that the room was rented for one hotel night. 
4. The Guest should submit a request to extend their stay beyond the period indicated in the reservation no later than 6:00 PM on the day preceding the day of departure from the Hotel in accordance with the reservation. The Hotel may accommodate the Guest’s request subject to room availability, subject to the remaining provisions of the Regulations. For the extension of stay, the Guest is obliged to pay an additional fee in accordance with the prices available at the Reception or in the Reservation Department. 
5. The Hotel reserves the right to refuse to extend the Guest’s stay at the Hotel, among others, if the Guest has not made full payment for the current stay on the day of arrival and/or in the event of non-compliance with the Regulations by the Guest or the person accompanying the Guest. 
6. During their stay (no later than 6:00 p.m. on the day preceding the day of departure from the Hotel according to the reservation), the Guest may submit a request to extend the hotel day. The cost of extending the hotel day – until 3:00 p.m. – 50% of the rate applicable on the day of departure; after 3:00 p.m. – 100% of the rate applicable on the day of departure.
7. Staying in the room or leaving items in the room after 11:00 on the day of planned check-out, without prior arrangement with the Hotel Reception, is treated as an extension of stay, for which a fee is charged in the amount resulting from the price list.

§3. RESERVATION AND REGISTRATION  

1. The basis for checking in a Guest at the Hotel is to present a valid ID with a photograph to the Reception employee and to fully complete and sign the registration card (written or electronic, if the electronic one is used by the Hotel). In the event of refusal to present an ID in a way that allows check-in or refusal to complete or sign the registration card, the Hotel reception has the right to refuse check-in. 
2. The Guest must personally sign the registration card legibly.
3. The Guest may not make the room or devices/real estate enabling access to the Hotel or room available to third parties. 
4. Persons not registered at the Hotel may stay in the hotel room as guests from 7:00 a.m. to 10:00 p.m. The stay of persons not registered in the Guest’s room at other times is tantamount to the Guest’s consent to the paid accommodation of such persons in the room according to the price list applicable on the day of the Guest’s check-in. 
5. The Hotel may refuse to accept a Guest who is under the influence of alcohol or drugs. The Hotel may refuse to provide a service/services to a Guest who, during a previous stay, grossly violated the Regulations or caused damage to the property of the Hotel or the property of third parties or damage to a person, including damage to a Hotel employee or another person staying at the Hotel. 
6. The hotel collects payment for the entire stay upon booking and/or on the day of check-in. The hotel collects payment for the parking space and the spa fee upon check-in. 
7. The Operator reserves the right to collect a deposit (in cash or in the form of a pre-authorization on a credit card) in the amount indicated by it.
8. The Operator reserves the right to verify the credit card provided to guarantee the reservation before the planned arrival date.
9. If the Guest refuses to pay for the stay, pre-authorize the credit card or make a cash deposit in the amount indicated by the Hotel reception, the Hotel reception has the right to refuse check-in. 
10. If the Guest fails to cancel the reservation within the indicated period, the Hotel will charge the Guest a fee resulting from the cancellation conditions as indicated on the reservation confirmation.
11. In the event of a Guest’s cancellation during their stay, the Guest is required to pay the entire fee due to the Hotel for the stay in accordance with the reservation made. If the fee has already been paid, it is non-refundable.

§4. SERVICES AND ADDITIONAL SERVICES 

1. The hotel provides services in accordance with its category, standard and information contained in the hotel’s information materials. 
2. Any reservations regarding the quality of services should be immediately reported by the Guest to the Hotel Reception. 
3. At the Guest’s request, the Hotel provides the following services free of charge:
   • wake up at a set time, 
   • storing guest luggage at the reception, 
   • ordering a taxi
4. Storing money and valuables during the Guest’s stay at the Hotel, in a deposit box at the Reception, subject to § 6 section 4 of the Regulations,
5. At the request of a Guest staying at the Hotel with small children up to three years of age, a baby cot can be placed in the room free of charge.

§5. GUESTS’ LIABILITY 

1. On the Hotel premises, persons who do not have full legal capacity should be under the constant supervision of legal guardians. Legal guardians are responsible for the persons under their care, including being responsible for any damage caused by the persons under their care, in particular damage to equipment and/or devices and to persons.  
2. The Guest, persons accompanying the Guest or staying on the premises of the Hotel with the Guest’s consent are fully liable for any damage or destruction of the Hotel’s equipment and technical devices resulting from their fault. In the event of the above events, the Guest, the person accompanying the Guest or staying on the premises of the Hotel with the Guest’s consent is obliged to pay the Operator a contractual penalty for damage (regardless of the degree of damage) to the equipment and/or technical devices in the amount specified in Annex No. 1 to the Regulations. The Operator reserves the right to seek compensation exceeding the contractual penalty. In the event that Annex No. 1 does not list a given equipment item, the Guest is obliged to pay the Operator an amount corresponding to the amount of damage, based on a prepared and signed damage report. 
3. The Operator reserves the right to charge the Guest’s credit card without their physical presence for damages found after their departure with an amount corresponding to the amount of the contractual penalty or the estimated value of the damage in the case of equipment and/or technical devices not listed in Annex No. 1 to the Regulations. 
4. In the event of a breach of the Regulations, the Hotel may refuse to continue providing services to a person who violates the Regulations. Such a person is obliged to immediately comply with the Hotel’s demands, settle the amount due for the booked stay and previous services, pay for any damages and leave the Hotel. 
5. The Hotel has a statutory lien on items brought in by the Guest, a person accompanying the Guest or a person staying on the Hotel premises with the Guest’s consent as security for payment of the Hotel’s receivables for the service provided. 
6. In the event of loss or destruction of the hotel key card, the Guest should immediately inform the Reception. The contractual penalty for losing one key card is PLN 100.
7. Persons under 18 years of age may stay in the hotel only under the supervision of an adult. 

§6 . HOTEL LIABILITY 

1. The hotel is liable for the loss or damage of items brought in by persons using its services to the extent specified in the provisions of the Civil Code. 
2. The Guest should notify the Reception about the occurrence of damage immediately, i.e. no later than within 24 hours after its occurrence. 
3. The hotel is liable for the loss of or damage to money, securities, valuables or items of scientific or artistic value only if these items are returned to and accepted for safekeeping at the Reception desk. 
4. The hotel reserves the right to refuse to accept valuable items, significant amounts exceeding the capacity of the hotel deposit or other items which, due to their value or nature, cannot be deposited at the reception desk. 
5. The Hotel is not liable for any damage or loss of a car or other vehicle belonging to the Guest, a person accompanying the Guest or staying on the Hotel premises with the Guest’s consent, or items left therein, regardless of whether these vehicles were parked in the hotel car park/garage. 
6. The Operator is not liable for damages resulting from force majeure (e.g. fire, power failure, epidemic). 

§7. RETURN OF LEFT ITEMS 

1. Items left by a departing Guest in a hotel room will be – at the Guest’s request – sent to the address indicated by the Guest and at his/her expense. In the event that such an instruction is not received, the Hotel will store the above items at the owner’s expense for a period of one month from the date of the Guest’s departure from the Hotel, and after this period, these items will become the property of the Hotel. Food products (closed and open) will be subject to immediate disposal immediately after the Guest’s check-out.

§8. SECURITY

1. Each time the Guest leaves the hotel room, he/she is obliged to properly secure it so that third parties cannot access it. When the Guest is not in the room, windows and doors should remain closed. 
2. For fire safety reasons, it is prohibited to use in hotel rooms any devices or items that are not part of the room equipment (e.g. heater, electric stove, candles, etc.). 
3. In the event of noticing a fire, the Guest should notify the Hotel staff of the threat and proceed to the exit in accordance with the instructions indicating the direction of evacuation. 
4. There is an evacuation plan in each room, which the Guest is obliged to familiarize himself with. 
5. The Hotel has an audio warning system which, in the event of a threat, informs about the necessary action to be taken. The Guest is obliged to comply with the messages transmitted by the system as well as the orders and instructions issued by the Hotel employees. 
6. The hotel does not allow the use of bicycles, scooters, ride-on bikes, roller skates, skateboards, etc.

§9. NIGHT SILENCE 

1. The hotel observes quiet hours from 10:00 p.m. to 7:00 a.m. the following day. 
2. During the night hours, the Hotel or third parties acting with the Hotel’s consent may organise meetings in designated places. 
3. The behavior of Guests or people using the services of the Hotel should not disturb the peaceful stay of other guests. The Hotel may immediately refuse to provide further services to a Guest who violates this rule.

§10. COMPLAINTS

1. Guests have the right to file a complaint in the event of noticing any deficiencies in the quality of the services provided immediately, i.e. at the time the deficiencies occur, but no later than 48 hours from the date of departure.
2. All complaints should be documented with photos and/or reported in writing at the Hotel Reception, or by email ( guest.relations@hotelshellter.pl , reception@hotelshellter.pl ). The hotel has 14 days to consider the complaint.

§11. ADDITIONAL PROVISIONS 

1. The Hotel (including terraces and balconies) is strictly prohibited from smoking tobacco, tobacco products and e-cigarettes. In the event of a breach of the above-mentioned ban, the person who violates the ban is obliged to pay the Operator a fine of PLN 1,000 (EUR 250). The charge will be calculated based on the fact that the Guest is smoking by a staff member (documented, for example, by a photo or a report from the Hotel staff). The Operator may claim damages exceeding the reserved contractual penalty in the event that, in connection with the violation of the above-mentioned ban, it is necessary to refresh/repaint the room (including terraces and balconies). Regardless of the above, the person who violated the ban is obliged to cover the costs associated with a possible intervention of the fire brigade. 
2. The consumption of alcohol not purchased at the hotel is prohibited throughout the hotel premises. 
3. It is prohibited to store hazardous items and materials in hotel rooms, including weapons, ammunition, flammable, explosive or illuminating materials. 
4. It is prohibited to make any changes to the Hotel or any part of it, in particular hotel rooms. 
5. It is prohibited to conduct solicitation or door-to-door sales on the Hotel premises. 
6. It is prohibited to make excessive noise on the hotel premises, cause unpleasant odours, or create other things or conditions that may disturb or harm other Guests. 
7. It is prohibited to take furniture and other equipment constituting the hotel room equipment onto the balcony. 
8. It is prohibited to use the Hotel infrastructure by persons who are not Guests or persons accompanying Guests without the prior consent of the Hotel Director. The Operator has the right to demand payment of a contractual penalty of PLN 200 (EUR 50) from a person who used the Hotel infrastructure without the aforementioned consent. The Operator may claim damages exceeding the reserved contractual penalty. 

§12. ANIMALS

1. The hotel accepts guide dogs on its premises. There is no additional charge for the stay of a guide dog.
2. For an additional fee, the Hotel accepts small breed dogs (up to 10 kg) – a maximum of two animals per room.
3. Other pets must be approved individually by the Hotel Director. The hotel reserves the right to refuse to accept an animal other than that in point 2. 

The animals indicated above are allowed in selected rooms in the Hotel, however, animals are not allowed in the gastronomic areas of the Hotel (except the Lobby and external terraces) or in the WELLNESS/SPA area (applies to the entire first floor, including the external swimming pool area).

4. The owner of the animal is obliged to keep it in such a way that it does not pose a threat to other hotel guests and staff, to keep it on a leash on the hotel premises and to remove any waste left by the animal.
5. The stay of an animal in the Hotel is conditioned by having its health booklet with current vaccinations and a certificate of deworming. The animal may stay in the Hotel as long as it is healthy.
6. The owner is responsible for any damage caused by an animal.
7. If, despite the ban, an animal not listed in the Regulations is brought onto the Hotel premises, the Operator reserves the right to order the Guest to leave the Hotel immediately and check out. In such a case, the Operator is not obliged to refund the fee for the unused stay. Regardless of the above, for violating the above ban, the Operator is entitled to a contractual penalty of PLN 300.00 for each commenced day of the animal’s stay on the Hotel premises from the person who violated the ban on bringing animals to the Hotel.
8. The fee for one night of stay for one animal at the Hotel is PLN 120.00.

§13. PERSONAL DATA

Data Administrator: 

In connection with the conclusion and implementation of the Agreement, the Operator processes the personal data indicated in the reservation form and/or registration card and is the Personal Data Administrator (hereinafter “Administrator”). 

Under the GDPR, the Hotel accepts correspondence at the following address: iod@hotelshellter.pl 

Purposes and legal basis for personal data processing: 

Personal data provided to the Operator will be/are processed in accordance with 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), hereinafter referred to as “GDPR”. We obtain personal data from you in the process of concluding a contract or from our partners (e.g. from booking portals, travel agents, etc.). Below we indicate the purposes of processing personal data together with the legal basis for their processing: 

1. in order to take action at your request, i.e. to price the service, book the service and to conclude and implement the contract, in particular ongoing contacts pursuant to Article 6 paragraph 1 letter b of the GDPR, 
2. for the purposes of tasks resulting from applicable legal provisions, which may include, among others, financial reporting, statistical reporting and keeping registers and summaries resulting directly from the provisions of the GDPR (Article 6, paragraph 1, letter c of the GDPR in connection with Article 71 in connection with Article 74, paragraph 2, point 8 of the Accounting Act) (GUS obligation and local and/or spa fee), 
3. for the purposes of the legitimate interests of the Company (Article 6, paragraph 1, letter f of the GDPR), which may include, among others:

• establishing, pursuing and defending claims, 
• consideration of complaints, 
• conducting debt collection activities, 
• archival activities, 
• analytical and statistical activities,
• customer satisfaction survey (in this case, the Operator’s interest is to obtain customer opinions on the services provided in order to adapt them to the needs and expectations of those interested), 

4. in order to ensure the safety of Guests, users and employees of the Hotel and to ensure the protection of persons and property and safety in the monitored area, limited to publicly accessible places, in particular the reception area in the main hall, the entrance area to the Hotel and the area around the Hotel, lobby/corridors, restaurant/cafe/bar, publicly accessible areas in the SPA/Wellness, external swimming pool area, storage areas, garages/parking lots (in this case, the Operator’s interest is to ensure safety and ensure a high standard of services provided) (Article 6, paragraph 1, letter f, GDPR). The Hotel Director and employees servicing the monitoring have access to the monitoring materials. The material may be made available for inspection by state services, upon a properly presented order. 
5. in order to manage payments made by the Guest, we collect information about credit cards, such as number, date of issue and, if necessary, CVC code) (Article 6 (1) (b) of the GDPR);
6. in order to protect the vital interests of the data subject, which may include, among others, purposes related to the need to save life, health or protect property, i.e. e.g. the Operator may contact you in connection with an event that took place on the premises of the Hotel with your participation or to your detriment or to the detriment of a third party, if you were or could have been a participant or witness to such an event (Article 6 paragraph 1 letter d of the GDPR). g) in order to conduct marketing activities, including direct marketing of the Operator’s products and services (Article 6 paragraph 1 letter a of the GDPR). 

Providing data in the scope indicated is voluntary, but necessary for the conclusion and performance of the contract. Children’s data such as date of birth are collected only from their parents or legal guardians in order to determine their age and the discounts they are entitled to. 

7. The period of personal data processing 

Personal data processed for the above purposes will be processed for the period necessary to achieve these purposes, taking into account the storage periods specified in the law, i.e. 

1. personal data processed in order to take action at your request and perform the Agreement will be processed for the duration of these actions and in the event of conclusion and performance of the Agreement, for the period of its validity and after its termination, for the limitation period for any claims arising from the Agreement;
2. in order to carry out tasks resulting from applicable legal regulations, which may include:

including financial reporting, will be processed for a period of 5 years, counted from the end of the calendar year in which the tax obligation arose; 

3. in order to implement the legally justified interests of the Company, i.e. determining, pursuing and defending claims, considering complaints, conducting debt collection activities, archiving activities, analytical and statistical activities, customer satisfaction surveys, personal data will be processed until the limitation period for all claims specified in the law expires; 
4. in order to pursue the legitimate interests of the Company, i.e. the use of video monitoring, they will be processed for a period of 30 days in accordance with the Operator’s internal regulations and after this period they will be permanently deleted in the process of overwriting the memory of monitoring cameras with new recordings, unless their storage for a longer period is necessary to achieve the purpose for which they were recorded; 
5. in order to conduct marketing activities, including direct marketing of the Company’s products and services, the data will be processed until the consent is withdrawn; 
6. in order to protect the vital interests of the data subject, the data will be processed until the limitation period for any claims specified in legal regulations. 

Disclosure of personal data: 

Personal data may be disclosed to employees or associates of the Operator, as well as entities providing support to the Operator on the basis of commissioned services and in accordance with concluded entrustment agreements, i.e. entities providing IT, HR and payroll, legal services, including debt collection, administrative, postal, courier, marketing, and insurance services. Personal data may also be transferred to entities related by capital to the Operator. 

Rights of data subjects: 

You have the following rights: 

1. access to the content of your data and rectification of your data (Articles 15 and 16 of the GDPR). You can exercise this right whenever you notice that your data is incorrect or incomplete; 
2. to delete and restrict the processing of your data (Articles 17 and 18 of the GDPR). You can exercise this right when your data is no longer necessary to achieve the purposes for which it was collected; 
3. the right to data portability (Article 20 of the GDPR), when the processing is based on your consent or a contract concluded with you and when the processing is carried out by automated means; 
4. the right to object, including the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. 
5. lodge a complaint with the President of the Personal Data Protection Office if you believe that the processing of your personal data violates the provisions of the GDPR. 

The rights listed above can be exercised, among others, by contacting the Data Protection Inspector by e-mail at iod@hotelshellter.pl . 

Automated decision-making, including profiling: 

The data provided to us is not subject to decisions based solely on automated processing of personal data, including profiling. Processing of personal data outside the European Economic Area As a rule, the Operator does not transfer data outside the European Economic Area (hereinafter EEA). However, by using various popular services and technologies offered by entities such as Facebook, Microsoft, Google and the services of subcontractors, there may be situations in which the Company agrees to transfer personal data outside the EEA only when necessary and with the level of protection provided for by law, primarily through: 

• cooperation with entities processing personal data in countries in respect of which an appropriate decision of the European Commission has been issued; 
• use of standard contractual clauses issued by the European Commission; 
• application of binding corporate rules approved by the relevant supervisory authority; 
• in the event of data transfer to the United States of America (USA) – cooperation with entities participating in the Privacy Shield program, approved by Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-US Privacy Shield (the list of US entities participating in this program is available at:

https://www.privacyshield.gov/list). Entities that have joined the Privacy Shield program guarantee that they will comply with the high standards of personal data protection that apply in the European Union, therefore the use of their services and offered technologies in the process of processing personal data is lawful. When applicable, the Operator will inform about the intention to transfer personal data outside the EEA at the stage of their collection.

§14. CHANGES TO THE REGULATIONS 

1. The Operator reserves the right to change these Regulations. 
2. The change is effective from the moment the amended Regulations are published on the Hotel’s website or displayed at the Hotel’s Reception Desk. 
3. If any provision of the Regulations is found to be invalid, the remaining provisions shall remain in force. Disputes shall be resolved by the Court having jurisdiction over the Operator’s registered office. 

Appendix No. 1 – amount of contractual penalties for damage to equipment and/or devices