Terms & Conditions
§ 1. SUBJECT
1. The subject of these Terms of Service is to define the rules for the provision of Concierge Services for Clients by Warsaw Concierge Group Sp. z o.o. with headquarters in Warsaw at ul. Aleje Jerozolimskie 136, 02-305 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000382495, Tax Identification Number (NIP): 7010289945 and REGON number: 142887148 (hereinafter referred to as "WCG").
2. The detailed scope of Concierge Services provided to the Client is specified in these Terms of Service.
3. If the Client has concluded an agreement with WCG, to which the concierge service regulations are attached, they shall take precedence over these Terms of Service.
4. The capitalized terms used in these Terms of Service shall have the following meaning:
| Provider | means a natural or legal person or an organizational unit without legal personality that provides the Client with Services, via WCG, described in §3 of the Terms of Service, where WCG may also be the Provider; |
| Order Center | means an organizational unit organized by WCG within the framework of the enterprise that receives Client Orders; |
| Client | means a natural or legal person who is entitled to use the Concierge Services; |
| Consultant | means an employee or associate of WCG accepting and executing Orders in the Order Center; |
| Individual Agreement for Concierge Services | means agreement each time concluded by the Client with WCG covering the given Order and its implementation; |
| Service Agreement | agreement concluded by the Client with a given Provider for the provision of Services via WCG; |
| Services | means the services provided to the Client by Providers, based on an Order for these Services placed by the Client, via WCG, including in particular the sale or delivery of goods or services; |
| Concierge Services | means all activities carried out by WCG for the benefit of the Client, specified in: Individual Agreement for Concierge Services and in the Terms of Service, consisting in: providing consultancy services and intermediation in concluding Agreements with Providers by Clients, preparing the selection of offers and providing the requested information; |
| Terms of Service | means these Terms of Service; |
| Provider’s fee | means the price or remuneration due to the Provider for the Services they have performed, as agreed in the Individual Agreement for Concierge Services; |
| Order | means the Client's declaration addressed to WCG via the Order Center, specifying the Service or information sought by the Client. |
§ 2. GENERAL TERMS OF SERVICE
1. The provision of Concierge Services is each time the subject of a separate Order placed by the Client. Each Client's Order is considered individually by WCG and is subject to verification in terms of its feasibility and timing, including the conditions set out in §4 of these Terms of Service.
2. Concierge services shall be performed on the basis of an order placed by the Client. The Client places Orders for the provision of Concierge Services to the Order Center, directly to the dedicated Concierge: by phone, e-mail or via the IT platform to which the Client has received individual access. Placing Telephone Orders is payable according to the rates of the operator serving the Client.
3. By placing an Order by phone, the Client is obliged to provide data enabling his/her identification and checking the authorization to place the Order. The Client should also indicate the telephone number or address to which he/she wants to receive information or which will be used during the execution of the Order. Regardless of these data, the Client may be asked to provide other data needed to identify the Client and correctly order the Services for him/her. The Client acknowledges that failure to provide the data referred to in this provision may prevent the execution of the Order placed by him/her and entitles WCG to refrain from providing the Concierge Service until receipt of the required data.
§ 3. TERMS OF PROVIDING SERVICES
1. Concierge Services are provided according to the following rules:
a) by placing an Order for a given Service, the Client provides its characteristics and the relevant requirements that the Service should meet, in particular, he/she defines the necessary or preferred technical requirements of the goods, the date of delivery and/or performance, the interesting price range, the type of Provider, the preferred method of receiving the information referred to in point c) below, information expected etc.
b) WCG Consultant, by phone or e-mail, indicates the date on which the requested information will be prepared, depending on the type of service, cost estimate for the performance and/or delivery of the service, offer proposals, etc. or information about the inability to provide the service,
c) The Consultant may ask by e-mail or telephone (SMS) for confirmation of the Order or a proposal to implement the Order, in the absence of confirmation by the Client, the implementation of the Order may be suspended,
d) within the period specified in accordance with point b) above, according to the method indicated by the Client, WCG Consultant shall
i. present the information ordered by the Client as part of the information service,
ii. inform the Client about the possibility of performing the Service, while presenting the data referred to in point d) and any other information necessary for the proper performance of the Service, including the availability of the Service, the possibility of its performance within a specified period and under other conditions specified by the Client,
or
iii. inform the Client about the possible inability to perform the service on the terms specified by the Client; in this case, WCG shall present to the Client its terms and conditions for the performance of a given order or the terms specified by the Provider,
or
iv. inform the Client about the inability to perform the service due to the reservations indicated in §4 of these Terms of Service.
e) together with the data referred to in point c) (ii) above, if required by the specificity of the Order, WCG should also provide the Client with data on:
- Providers executing the Order
- essential properties of the provision of Service and its subject,
- price or remuneration covering all their components, in particular duties and taxes, taking into account the necessity to make deposits, advances or prepayments by WCG,
- the date on which the offer or information about the price or remuneration is binding,
f) The Client is entitled to ask additional questions regarding the materials and information sent to him/her;
g) The Client selects and/or accepts the offer/cost estimate presented to him/her by phone or e-mail and, pursuant to the contract with the Provider, pays the Provider's Fee for Services, if required. The Client takes into account that accepting the offer presented to him/her after the binding date will not result in ordering the service on the terms that were presented to him/her;
h) depending on the type of Service, WCG makes it possible for the Client to make the payment as follows:
- direct payment to the Provider,
- prepayment of the amount accepted by the Client by WCG to the Provider, and then return of the amount paid by WCG to the account indicated by WCG - a method offered only when, in the opinion of WCG, it is justified due to the nature of the service provided,
- as well as other means, if agreed between the WCG and the Client.
i) after payment to the Provider, if required, WCG concludes, on behalf and for the benefit of the Client, a contract with the appropriate Provider, and provides the Client with all information or documents necessary for the proper performance and receipt of the Service from the Provider.
2. Concierge services are provided by WCG on the territory of the Republic of Poland and beyond its borders.
§ 4. RESTRICTIONS ON THE PROVISION OF CONCIERGE SERVICES
1. WCG reserves the right not to provide the Service/Concierge Service if:
a) it will not be possible at the time of placing the Order by the Client, using the technical means and knowledge available to WCG,
b) The Service/Concierge Service, which is the subject of the Client's Order, is inconsistent with the law, decency and principles of social coexistence,
c) the service requested by the Client is related to his/her business or professional activity,
d) The Order concerns the organization of events. The implementation of such an Order may be the subject of a separate order from WCG.
2. In the case mentioned in sec. 1, WCG should explain to the Client in detail the reason for the inability to perform the above-mentioned service and, if possible, provide the possible date of its performance.
§ 5. WCG LIABILITY
1. The Client acknowledges that WCG is only an intermediary and proxy in ordering Services and does not provide these Services to the Client. WCG shall be liable to the Client only for non-performance or improper performance of the Concierge Services, unless WCG is the Service Provider itself.
2. Therefore, WCG shall not be liable for non-performance or improper performance of the Services (unless WCG is the Service Provider itself), and in particular for the delay or default of the Provider in the performance of the contract between the Client and the Provider, damages related to non-performance or improper performance of the Services, liability under the warranty, legal and physical defects of the Services, guarantees, for the implementation of claims resulting from the Client's or the Provider's withdrawal from the contract between them, etc. Any claims in this regard should be directed directly to the Provider.
3. Furthermore, WCG shall not be liable for the non-performance or delay of the Concierge Service if the delay or impossibility of performance is caused by force majeure, in particular: strikes, riots, terrorist attacks, natural disasters, epidemics, etc.
4. WCG shall not be liable for the suitability and use of the information services ordered by the Client.
§ 6. PRIVACY POLICY
1. WCG is the administrator of Clients' personal data.
2. WCG processes all personal data of the Client exclusively for the purposes related to the correct performance of Concierge Services/Services. For this purpose, WCG shall be entitled to transfer the Client's data to other entities for the purpose of proper performance of their obligations towards the Client, and by placing an Order, the Client agrees to this.
3. The data subject has the right to be informed about the processing of his/her personal data. The data subject has the right to demand that inaccurate data be corrected (right of rectification), blocked or erased (right to be forgotten), the right to restrict processing, the right to data portability, the right to object, the right to withdraw consent to processing referred to in Articles 15 to 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The data subject has the right at any time to confirm whether his/her personal data is being processed and to obtain the following information:
a) what personal data are processed,
b) categories of personal data processed,
c) purposes of processing,
d) information on recipients or categories of recipients to whom personal data have been or shall be disclosed, in particular about recipients in third countries or international organizations,
e) if possible, the planned period of personal data retention, and if this is not possible, the criteria for determining this period,
f) information on the right to request the Administrator to rectify, delete or limit processing of personal data of the authorized person and to object to such processing,
g) information on the right to lodge a complaint with the supervisory authority,
h) if personal data have not been collected from an authorized person - all available information about their source;
i) information on automated decision-making, including profiling, and - at least in these cases - relevant information on the principles of their making, as well as the significance and anticipated consequences of such processing for the authorized person;
j) whether personal data are transferred to a third country or an international organization and about appropriate safeguards related to such transfer.
4. If the Client wishes to exercise the above rights, the Client may at any time contact the Complaints Department under the contact details specified in §8 below or WCG Consultant. In such a case, WCG shall provide the Client to whom the data refers with a copy of the personal data to be processed or shall inform about the procedure of the Client's request.
5. The personal data shall not be made available to other entities, with the exception of entities authorized under the law to obtain data or performing Concierge Services/Services, shall not be used to send commercial information, unless the Client expresses an explicit, separate and prior consent, which can be revoked at any time regardless of the issue of Order execution.
6. The processing of personal data shall be carried out in accordance with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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). Providing personal data is voluntary, albeit necessary for the performance and settlement of the Concierge Services/Service pursuant to Article 6(1)(b) of the aforementioned Regulation on the basis of the Order placed. The data may also be made available at the request of public authorities pursuant to Article 6(1)(c) of the aforementioned Regulation.
7. With regard to the Client, the confidentiality obligation covers in particular all data concerning the Orders placed, the structure of the Orders and other details made available to WCG.
8. With regard to the Client's personal data, WCG does not use automatic decision-making in individual Client’s cases or their profiling.
§ 7. CONFIDENTIALITY
1. The Parties undertake to keep secret and not disclose to third parties any data concerning the other party, obtained even indirectly in connection with the performance of the Individual Agreement for Concierge Services.
2. With regard to the Client, the obligation of confidentiality covers in particular all data regarding the orders placed, the structure of the Client’s orders, details of the contract between the Client and the Provider, etc.
3. With regard to WCG, the confidentiality obligation applies in particular to all technical, technological, organizational and other data of economic value for WCG.
4. The obligation referred to above does not apply to data, information or documents that:
a) have been disclosed to Providers in order to properly provide the Services for the Client,,
b) have been made public in a manner that does not constitute a breach of the provisions of the Terms of Service by the Party,
c) were in the possession of the disclosing Party before the date of placing the Order and were not covered by the obligation to keep them confidential at the time,
d) have been disclosed with the prior written consent of the other Party,
e) whose disclosure obligation results from legal regulations, decisions of state or local authorities issued on the basis of relevant legal provisions or in connection with pending court, administrative or arbitration proceedings.
§ 8. COMPLAINTS
1. The Client any complaints regarding the quality of the provision of Concierge Services and Services if they are provided by WCG should directly report to the Complaints Department in the following way:
a) by phone to the following telephone numbers: (+48) 22 378 16 55 on weekdays from 09.00-17.00
or
b) by e-mail to the following address: office@warsawcg.com
c) in writing to the following address: Warsaw Concierge Group sp. z o.o., Al. Jerozolimskie 136, 02-305 Warszawa, with a note: Complaints Department
2. The complaint should indicate the following Client’s data:
a) name and surname
b) Client number, if given
c) description of the service which the complaint concerns
d) contact details, i.e. e-mail or correspondence address.
3. Complaints will be considered by the Complaints Department immediately, unless the applicable law provides for specific deadlines for considering a given complaint.
4. The Client will be informed each time about the method of settling the complaint in writing or by e-mail to the correspondence address or e-mail provided by the Client.
5. In the event of a complaint concerning the Services provided by the Provider, the complaint procedure is governed by the rules specified by the given Provider. In the event that a complaint is submitted to WCG, WCG shall be obliged to forward the complaint to the appropriate Provider and shall not participate in the further complaint procedure. If the legal regulations provide for a deadline for lodging a complaint for a specific type of Services, the compliance or failure to comply with which is connected with certain legal consequences, it shall not be tantamount to lodging a complaint to the relevant entity, unless the relevant regulations state otherwise.
§ 9. CHANGES TO THE TERMS OF SERVICE
1. Due to the constant improvement of the rules for the provision of Concierge Services, WCG shall be entitled to amend these Terms of Service.
2. WCG shall inform about each change on the website www.warsaw-concierge.com. The amendment to the Terms of Service comes into force on the date specified therein.
3. Orders placed before the amendment to the Terms of Service are implemented according to the version valid on the date of placing the Order.
§ 10. FINAL PROVISIONS
1. In matters not covered by the Terms of Service, the provisions of generally applicable Polish law, in particular the Civil Code, shall apply.
2. The Terms of Service enter into force on June 1, 2020.