“LLC” PROGRAM TERMS AND CONDITIONS (TAC)
I. The Idea Behind the Program
1. The LLC LOYALTY CLUB Membership (LLC or The Program) is offered free of any charges, is fully optional and it does not impose any whatsoever paid or unpaid benefits that members provide for the Loyalty Program (LLC) Organizer – Lbooking Smart Concept Hotels Sp. z.o.o. (Ltd.) operating from Siewna 25, Kraków, Poland.
2. The main goal of the Program is to acknowledge and reward loyal customers of the Lbooking Portal (The Portal) available at the present www domain address (the operator holds the right to provide the program under a different domain name or to provide extended functionality and / or enhance the program by adding new domain names) by offering every hotel guest to gain Reward Points that can be used to discount while shopping at partner hotel services providers. The TAC document hereby states the conditions of participation in the Program. The TAC document enters into force starting from the moment of its first announcement (publication) in the Portal, it not otherwise stated it should be considered a permanent Agreement, unless any of the Conditions described in §8 take place.
II. Program Partners
1. The Program Partners that participate in The LLC Reward System are all the Hotels marked with LLC logo, visible during the room booking procedures. Additionally, some Program Partners may choose to present the LLC logo at their own reception desks.
2. In case a new hotel wish to become the Program Partner, the Operator will provide the Reward Points for this hotel guests only for the bookings that were consumed after the Partner was attributed the LLC logo.
III. The LLC Club Membership Terms
1. Partnership is available for full legal capacity private guests. The membership is also available for the business travelers who are subjects to conditions described in §6.
2. The membership status is granted to every person (The Member) who has undertaken at least one login actionon the Portal Booking Engine and has accepted the Terms And Regulations of the Program by signing up for the Portal user account. The discount limit is the subject to each individual booking transaction and is a direct derivative of the preceding consumed bookings. The Reward Points calculation method is presented in the Attachment no.1 of the TOA document.
3. The Member agrees to provide honest, comprehensive data during the membership registration, subject to verification by a hotel reception.
4. Members can join the LLC Club via:
a) online registration via the Portal,
b) user registration with LLC Club activation at selected Partner Hotels. This option if available hotels that have chosen to reward their guest with the LLC Reward Points, subject to hotel reception desk arrangements (the Program operator has no control over the Hotel registration process).
5. The membership becomes effective upon acceptance of the LLC Program Terms And Conditions by the Portal user (provided and organized by LBOOKING Smart Concept Hotels Sp. z o.o.). The integral part of this process is providing user’s solemn agreement to receive commercial and marketing information, precisely described in §10 ust. 4.
6. The provision of this agreement as well as provision the user’s valid e-mail address is optional however is required for the Organizer to efficiently deliver LLC Club services and rewards.
7. The acceptance of statements described in §3 ust. 5, 6 of this TOA document can take place either during the online registration or upon the decision of the hotel guest to join the LLC Club during their stay at one of the Partner Hotels. The user is granted a fully functional account access at the moment of full TAC / agreements sign off, which procedurally happens once the account is activated and user has been logged in for the first time.
IV. The Change of Terms And Conditions
1. The LLC Club Members are hereby effectively informed that the Program Terms And Conditions (TAC) can be subject of change at any time during the Program duration. Such changes will be communicated to the members at each occasion via the Portal and/or via the electronic channels activated by the user.
2. The LLC Club Members have solemn right to withdraw their participation agreement on terms described in the TAC. The users who choose not to accept any future changes of the TAC will be subject to closing the user accounts in accordance with §11 or §12 of the given TAC.
3. The Program operator guarantees that the TAC changes will not affect any rights acquired by the LLC Club Members prior to the new (modified) TAC entering into force.
V. Loyal Customer Privilegies
1. Once the criteria described in §3 are met, the user becomes a fully activated member who has been grated full access to the functionality of gaining Reward Points as a privilege guaranteed by the Program Provider to every registered user (full name of the hotel guest is required to ensure no abuse of the LLC Club policies. Accessing the privileges of the personal (signed by the name) membership account by a person other than the signee is prohibited and is not in line with the Terms And Conditions of the LLC Club. If the member becomes aware of a situation that their account has been used inappropriately or that the access to their account has been lost, they should notify the Program Operator immediately.
2. The Program Operator is not responsible nor will be claimed responsible for any unfortunate circumstances due to mistakes or misleading and / or incomplete information provided by the hotel guest during the registration process, which in consequence may be leading to situations where the Program Operator is unable to provide the quality services to the Portal User.
3. The Reward Points that were granted to the LLC Club member for the consumed bookings can be used to gain further discounts (up to 95%) in the Portal. The points to currency conversion method is presented in the Attachment no.1.
4. Should the Reward Points age older than 365 days from the day one being the day of the consumed booking transaction, they become automatically invalid (please refer to the details of Attachment no.1) – subject to conditions of §7 and §8.
5. In case LLC Club Member chooses to fully cancel the previously booked reservation before arrival and this reservation becomes a subject to payment cancelation procedures of the given Partner Hotel, the Reward Points get subtracted accordingly. The booking reservation or a complain becomes a subject of here stated cancelation procedure under the condition when the LLC Club Member is fully canceling this booking utilizing the Portal functionality.
6. The Reward Points are provided to active members of the LLC Club solemnly for the paid services of the Program Partners.
7. The hereabove stated privileges become functional within the personal user account with the moment of the account activation (user log in) to the Portal – within 24 hours from the online registration or within 72 hours of the offline hotel reception desc registration (only subject to those Partner Hotels who have chosen to provide the offline process of guest registration into LLC Club, see §3, pkt.4b).
VI. The Usage of Reward Points
1. The LLC Club Membership guarantees a number of privileges and special offers offered exclusively for the members.
2. The current amount of Reward Points that can be exchanged for discounts (up to 95% discount) is always visible for a logged member.
3. The Portal Partners that allow users to gain points for booking and shopping with them, are promoted with the LLC logo.
4. The LCC Club Operator offers a functionality within the Portal that allows Members to discount booking prices while making bookings at the Partner Hotels that have chosen to participate in the Reward Program. The functionality is available (and visible) for such Hotel Partners so users can discount their bookings. Moreover, the Program Operator provides a functionality via the Portal that allows to automatically use exchange rates for the Reward Points gain in one of the currencies within the Portal, the planned currency will be discounted based on the process described in the Attachment 1, item point 6.
5. The LLC Club Member is free to use any given amount of the Reward Points currently available in their account while using the Portal functionality “pay with points”, the discount can be up to 95%, regardless of the currency of the single transaction, according to Attachment no. 1.
6. The LLC Club Member can use “pay with points” functionality with any Partner Hotel that has status of an Active Program Partner (i.e. has activated the functionality to receive payments discounted with LLC points).
7. The LLC Membership provides additional privileges and may generate special occasions, exclusive to LLC Club. The VIP offers and special offers will be made available to the members via electronic communication in advance, allowing them to plan smart usage of their Reward Points for the Premium offers.
8. The solemn right to discount booking transactions with the currently available Reward Points belongs to the registered user (signed by name, subject to verify by a hotel). The Reward Points can only be accrued on active accounts.
9. In all cases, when the payment for the booked reservation contains discounted price as a result of using the Reward Points for the given transaction, the fiscal document will state the discounted price (only the amount paid in cash / credit card / other payment method), and not the amount paid with points.
VII. User Liability
1. Below is the list of user activities leading to definite reaction by the Program Organizer, resulting in temporary or permanent suspension of the user account – without any liability on behalf of the Organizer and/or Partners, without any prior notice, followed by cancellation of all the Reward Points accumulated on this user account:
- the user violated this Terms And Conditions document in any aspect,
- the user violated this Terms And Conditions document in any aspect,
2. The user may enter a complain mode if the user believes temporary or permanent suspension of the account (as per §9, point 1) was unauthorized. The complaint mode is described in details in §9. Suspension or cancelation of the user account has no limitation as to the legal rights Organizer and Partners hold in relation to the holder of the account.
3. While user account in question is being in suspension mode, the user in question is not allowed to use any privileges of the membership. The account suspension imposes direct responsibility over the user in question to act in a timely manner to remove any causes for the suspension. Upon successful removal of the causes, the user is obligated to inform the Organizer as soon as possible. The Organizer is then obliged to re-activate the user account, as soon as the initial cause is no longer a valid reason for the account suspension, no later than 14 consequent days.
VIII. Program Suspension or End-of-Service
1. The Organizer has a right to introduce a break in Service/Program delivery (Break). The Organizer is obliged to inform LLC Club members about any planned Breaks via the pop-up over the Portal content at least 3 days prior to the planned Break. The Organizer may also choose to inform the users additionally about the planned Break via e-mail or any other electronic channels preferred by a user. The us-ers may edit their preferred channels of communication in the user account settings.
2. In case of unplanned Breaks, the Organizer will do their best to fix the issues and re-establish quality service provision as soon as possible.
3. The Organizer is authorized to suspend or stop Service/Program provision at any time based on significant circumstances. In such a case, the Organizer is obliged to inform the users with a 14 days prior notice via a pop up over the Portal content. The users will have the right to use any active Reward Points accumulated on their accounts prior to the End-of-Program notice. The users will have time to use up their points up until the last day of the Service pro-vision. The list of significant circumstances is provided but not limited to below reasons:
a) any changes in provisions of generally applicable law and or legal interpretations that have any whatsoever influence on the organization of the Program,
b) any significant change of market and economical situation,
c) any changes in trade, marketing or sales strategy of the Program Operator,
d) a significant change in economic or financial standpoint of the Organizer,
e) any circumstances being a result of the need to change, reorganize or replace the information systems related to the Service / Program provision,
f) any circumstance resulting in the need to prevent fraud / system or program abuse,
g) suspension or liquidation of the legal entity of the Organizer,
h) the finalization of the current loyalty / reward system and introduction of the new one.
4. While the Program is being suspended or upon the Program Closure, the Reward Points are not a subject to any operations on user accounts.
IX. Complaints Procedure
1. If the LLC Club Member finds that the user's account has been suspended and/or Bonus Points have not been calculated, deducted or converted in accordance with the TAC document, he may file a complaint on the terms set out in this paragraph.
2. Complaints should be submitted via e-mail.
3. Complaints will be taken into consideration by the Program Organizer in the following complaint mode:
a) the complaint must be submitted within no longer than 7 subsequent days from the issue being identified by the user,
b) the complaint should be sent via e-mail from the e-mail account associated with the LLC Club membership,
c) the complaint should be sent to the following e-mail address: firstname.lastname@example.org,
d) in order to assure efficient handling by the Organizer, all submitted complaints should contain enough data that allows for unambiguous identification of the customer (name and surname, address / contact details, customer number, date of birth, etc.), description of the issue, expectations regarding the Organizer's actions being the outcome of the complaint,
e) the Organizer reserves the right to contact the user and gather complete information if the information provided is considered insufficient for the complaint to be considered,
f) the fact of submitting a complaint does not release the Customer from the responsibility to timely fulfill any obligations towards Portal partners.
X. Personal Data Protection
1. All data collected during the registration process or during the Program is processed by Lbooking Smart Concept Hotels Sp. z o.o. (Kraków, Siewna 25, NIP: 9452227304, REGON: 383230358, KRS 784394), the legal Operator of the LLC Program acting on behalf of Holding Liwa Sp. z o. o. registered in Warsaw 01-401, Górczewska 53, KRS 0000324377, being a legal personal data administrator who is responsible for processing the data for the purposes of performing the contract (in accordance with art. 6 par. 1 lit.b GDPR) and the legitimate interest of the administrator (in accordance with art.6 par. 1 lit.f GDPR).
2. The Customer's personal data are processed for the purpose of implementing the Program and the objectives resulting from legitimate interests pursued by the Operator and the Administrator of the LLC Program, which means in particular:
a) processing of the Customer's personal data in order to implement and maintain the Program provision – i.e. calculation, usage, and conversion of Reward Points that allow Portal user to gain special bonuses and discounts, including VIP and Premium promotions,
b) processing the Customer's personal data to support his participation in special offers and promotional campaigns of the Program Partners, described in the regulations of these actions. Being highly proactive in taking care of the privacy and security of personal data, the Organizer will provide this type of marketing communication only after the user has given explicit consent to participate in such activities,
c) conducting statistical surveys,
d) direct marketing of own products or offers of Program Partners,
e) handling complaint procedures,
f) contact with the Customer in case of reasonable doubts that Reward Points have been awarded for services not actually performed at the Partner Hotel Facilities, in particular including but not limited to fraud prevention or non-payment of the service (including incorrect payment).
3. Personal data may be entrusted by the Organizer to third parties such as public administration bodies if such an obligation is a direct result of the law reinforcement, as well as situations being a result of the Organizer’s legal agreements with subcontractors supporting the Organizer in the most efficient implementation of the Program - IT, ICT, legal, accounting services, as well as courier companies and postal or other entities making it possible to achieve the Program objectives.
4. The Customer’s consent to receive commercial information by electronic means gives the Organizer permission to provide the Customer with commercial information defined by the Act of 18 July 2002 on the provision of electronic services (consolidated text of the Journal of Laws of 2019, item 123), using electronic means of communication, in particular by sending commercial information via e-mail, SMS / MMS, PUSH messages and other forms of communication indicated by the Participant. Having in mind the Customers’ right to privacy, security and individual choices and preferences of Program Users, the Organizer will provide the User with the easy to navigate options to choose the preferred communication channels.
5. The Organizer will with the utmost care and attention to quality, create personalized booking preferences and behaviors prediction (profiling) based on the user’s personal data and history of the LCC Club Membership Loyalty Stays, as well as on the basis of previous use patterns of the Program. The Organizer will therefore be able to prepare and present to the Members specially crafted, individual marketing offers, tailored to user preferences. This means that the user will be subject to profiling and may receive commercial offers from the Organizer, taking into account e.g. his place of residence, age, gender, previous booking history. The user profile will not be used in any other way or transferred to third parties.
6. The Customers have the right to request access to their personal data, to rectify data content, request deletion, limit processing as well as the right to transfer personal data. The user also has the right to object to data processing on the basis of a legitimate interest for reasons justified by the particular situation of the Customer. The users also have the right to file a complaint to the supervisory body dealing with the protection of personal data, if they believe they have a valid reason to suspect that the processing of personal data violates the provisions of the GDPR Regulations.
7. The Customer has the right to withdraw the previously expressed consent referred to in §10 ust. 4 at any time. Withdrawal of consent does not affect activities that have been carried out on the basis of consent given before its withdrawal.
8. The Customers’ personal data will not be transferred outside the European Economic Area, i.e. to third countries.
9. The personal data of the Customers will be processed for the period, in which the Program services are being provided, i.e. until the user’s participation in the Program is terminated or until the Program itself is terminated, and sometimes after the termination of their provision, but only if it is allowed or required under applicable law, e.g. processing for statistical, billing or complaint handling purposes. In this case, the data is to be processed for the period necessary to accomplish these mere purposes.
10. All matters related to the processing of personal data are handled by the Data Protection Officer, all inquiries are to be sent via the following email address: email@example.com.
XI. Right of Withdrawal from Agreement
1. In the event of joining the Program according to §3, p.4a, the Customer has the right to withdraw from the contract to participate in the Program without providing a reasons, within 14 days from the date of the acceptance of this contract (i.e. from the receipt of confirmation of registration received on the e-mail address provided during the registration process), in accordance with the provisions of the Act of 30 May 2014 on consumer rights.
Withdrawal from the contract as per §11, p.1 is made possible via signing the provided Statement and sending the signed Statement to the Organizer by e-mail at: firstname.lastname@example.org.
3. In order to exercise the right of withdrawal, the Customer may use the “Withdrawal Statement” template – Attachement no.2 of the TOA.
XII. General Information
1. The LLC Club Members may resign from participation in the Program at any time without the need to provide the reasons. In order to cancel membership, the member should select “resign from participation in the LLC Program” option in the logged-in view of the user account.
2. Resignation from participation in the Program is tantamount to the cancellation of the account and the waiver of the entire pool of Reward Points obtained throughout the Program without the possibility of transferring these Points to another account and without the possibility of recovery of the Reward Points.
3. LLC Club Members are not entitled at any time to demand payment of the equivalent of Points earned or to transfer the equivalent of these Points to another account.
4. The Organizer's liability is limited to the currently available (unused) pool of Points on the user's account, that is not being a subject of a complaint or cancellation pending either on behalf of the user or any of the Portal's Partners.
5. Any technical questions and/or issues should be reported to: email@example.com.
6. Inquiries regarding cooperation within the LLC Program should be sent to: firstname.lastname@example.org.
TOA, Attachment 1. Calculation, Exchange rates and expiry of the Reward Points of LLC Program.
1. The Reward Points are calculated at a ratio of 20: 1. For every 20 (twenty) contractual units (C.U.) expressed in one of the currencies supported by the Portal, the Participant receives 1 (one) point.
2. The Reward Points are automatically calculated and added to user’s account 2 days (at the latest) upon the end of the stay in the hotel, and not earlier than 1 day after the end of the stay (check-out).
3. Unused points expire after 365 days from the date when the points were awarded for completed transactions or upon exceeding 750 points available at one time. For example, points earned for a two-day stay starting on 29/01/2020 will be valid for 365 days - no later than from 02/02/2020. 00:00:01 to 31.01.2021 11:59:59 p.m. The User is not entitled to any compensation for unused points or the monetary equivalent of these points. Once points have been consumed they are not to be re-used for any other transaction, for instance, cancelled reservation will not be subject to points reclamation.
4. In a scenario when given transaction is being finalized using Reward Points, the LLC Club Member is still entitled for the proportional new Reward Points as a result of the new transaction. In such a case, the new pool of Reward Points will be automatically calculated and added to the user’s account based on the following procedures:
• transaction is being finalized based on proportional discount based on the amount of Reward Points available on the user’s account (95% or less of the total price of the transaction) – new points will be calculated according to the calculation ratio described in point 1 of this Attachment, proportional to the amount of the transaction not paid by points (paid in selected currency).
• for example: LLC Club Member books a hotel stay and the transaction amounts to the total of 1000 PLN. Customer decides to pay 45% of this booking price in the currency of his choice (e.g. PLN) while the Customer choses to pay the remaining 55% of the price using his Reward Points. In such a case, the Customer will gain new Reward Points for this transaction for the proportion of the price paid in currency: 450 PLN (1000 PLN x 45%) – according to the point calculation ratio. The new pool of points (22,5 points = 450/20). The new points will be available to user up to 2 days upon successful consumption of the transaction, in accordance with point 2 of this Attachment.
5. transaction history and the current balance of the Reward Points is always made available for the logged users, who can access this information in their Portal profile settings.
6. The Reward Points currency conversion is based on the table of exchange rates, maintained by the Program Organizer. The currency table is based on the average NBP exchange rates (National Bank of Poland). Reward Points currency conversion is available for Portal users in real time, while using “pay with points” view of the transaction cart.