(Translation only, Polish version of the document is binding)
Terms and Conditions
for the reservation and provision of rental services in flats or houses for temporary stays, including rules of payment, complaints and liability of the contracting parties
in force as of 4 January 2023
Client - a Customer who is a natural person or a legal entity with legal capacity within the meaning of the Civil Code, who is a party to the accommodation or rental agreement in the premises offered by the Service Provider.
Flat - a residential unit described in detail in the offer on the Website, which is the subject of booking.
Service - the accommodation service provided by the Service Provider to the Client.
Service Provider - Investment Properties Sp. z o.o., with its registered office in Warsaw at Pod Kopcem 18 Street, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under number 000087003.
Total Service Price - the amount indicated during the Apartment booking process and mentioned in the Initial Booking Confirmation, including all amounts due under the concluded Agreement.
Bank Account - the Service Provider's bank account number 25 1050 1025 1000 0090 8146 4589 for payments made in PLN and 03 1050 1025 1000 0090 8146 4597 (SWIFT code: INGBPLPW) for payments made in Euro.
Contract - an accommodation agreement containing all the rights and obligations of the parties, concluded between the Service Recipient and the Service Provider.
Website - the website www.visitzakopane.pl owned by the Service Provider and the booking platform contained therein.
Initial Booking Confirmation - the form accepting the Client's application containing, among other things, the booking number, the date of stay, the number of persons and the Total Price for the Service.
Prepayment - an amount equal to 30% (thirty percent) of the Total Price for the Service, unless the offer expressly states otherwise.
1 Subject of the Contract
1.1 The subject of the Contract is the service of accommodation in the premises offered by the Service Provider via the Website or portals mediating the conclusion of contracts with the Service Provider.
1.2 The Service Provider shall make available to the Client the accommodation as described on the Website or on the Service Provider's contract intermediary portal and within the timeframes specified in the booking, and the Client shall pay the Total Service Price specified in the booking process.
1.3 For the avoidance of doubt, the Accommodation Service includes only the stay in the Apartment. Other elements such as the possibility to use the common parts of the building (e.g. SPA), access to cable TV, access to wireless Internet, air-conditioning, access to parking, are additional services offered to the accommodation service and their absence cannot be claimed by the Client.
1.4 The making of a reservation by the Client via the Website or a portal mediating the conclusion of agreements with the Service Provider is tantamount to the acceptance of these Regulations and the conclusion of an Agreement between the Client and the Service Provider.
2.1 In the booking process, the Client selects an Apartment offered by the Service Provider through the Website or on a portal mediating the conclusion of agreements with the Service Provider, and then reserves the Apartment by completing a virtual booking form available on the Website or on a portal mediating the conclusion of agreements with the Service Provider, or makes a booking by phone at +48 600 49 49 49 or by e-mail at email@example.com.
2.2 The Customer makes a booking by indicating under the offer contained on the Website or intermediary portal the start date of the stay and the end date of the stay, as well as the number of persons who will be staying at the property. If the booking is made by telephone or email, the booking is effective upon receipt by the Client of the Initial Booking Confirmation from the Service Provider.
2.3 Each Apartment offered by the Service Provider is intended to accommodate a maximum of the number of persons indicated in the offer. The number of persons to stay in the Apartment is indicated by the Client during the booking process: in the booking form, by phone or by e-mail. The number cannot exceed the maximum number of persons for the given Apartment. The stay in the Apartment of a larger number of persons than indicated in the booking process must be agreed directly with the Service Provider prior to the commencement of the stay and may result in an increase in the Total Service Price.
2.4 The Client shall, within 60 minutes of receiving the Initial Booking Confirmation, pay the amount of the Advance Payment towards the Total Service Price, or the payment of the Total Service Price in case there are less than 7 days remaining until arrival, to the Bank Account in the form of an immediate online transfer, credit card debit or traditional transfer. Bank confirmation of the traditional transfer should be sent by email to firstname.lastname@example.org. The booking is effective as soon as the Bank Account is credited with the Prepayment or the Total Price for the Service or a confirmation of the transfer is received from the Client.
2.5 Failure to receive the Prepayment within the required period entitles the Service Provider to withdraw from the Agreement and to cancel the booking immediately. The Customer shall be notified of the cancellation by the Service Provider by email.
2.6 The Service Provider shall send the Customer a confirmation of the booking, to the email address provided by the Customer in the booking process, no later than 24 hours from the date of receipt of the Prepayment or the Total Price for the Service into the Bank Account.
2.7 The Client is obliged to pay the Total Service Price less the amount of the Prepayment to the Bank Account no later than 7 days prior to arrival, unless the offer explicitly states otherwise or after the Service Provider has confirmed this possibility, at the latest at check-in - in cash or by payment card. The payment shall be made on the day the Bank Account is credited.
2.8 Failure to make the payment referred to in paragraph 2.7 above entitles the Service Provider to terminate the Agreement with immediate effect, without setting an additional deadline for performance and without refunding the Prepayment.
2.9 The standard proof of purchase of the Service shall be a receipt. In the event that the Customer requires an invoice for the stay, the Customer is obliged to provide this information and the details for the invoice prior to payment.
2.10. If the Customer requests additional services after the Customer has received the Preliminary Booking Conditions, payment for these services shall be made when ordering the additional services, no later than 7 days before the stay.
3 Cancellation of Reservation
3.1 The Client has the right to cancel the Contract at any time before the agreed date of stay. In this case, the Service Provider may retain all monies previously paid by the Client, unless otherwise specified in the cancellation conditions contained in the offer in which the booking was made. In particular:
3.1.1. in the event that the cancellation of the Client's booking takes place up to 14 days prior to the scheduled date of arrival - the Client shall be entitled to a refund of all monies paid,
3.1.2. in the event that the cancellation of the Customer's reservation takes place up to 7 days before the scheduled date of arrival - the Service Provider is entitled to retain the amount of the Prepayment,
3.1.3. if the cancellation of the Customer's reservation takes place later than 7 days before the scheduled date of arrival - the Service Provider is entitled to retain the Total Service Price.
3.2 Changing the date of the booking or changing the accommodation selected in the booking process is only possible by mutual agreement of the parties. If there is no agreement between the parties, paragraph 3.1 above shall apply.
3.3 The early departure of the Customer from the premises shall not entitle the Customer to a refund of the fee for the unused part of the stay.
3.4 The Customer may transfer all his/her entitlements under the Contract to another person if this person simultaneously assumes all obligations under the Contract. The Client shall immediately notify the Service Provider of this fact, providing the personal details of the person who takes over the rights and obligations under the Contract.
3.5 In the event of cancellation of the booking, the Client undertakes to notify the Service Provider in writing of the cancellation.
3.6 The Service Provider has the right to cancel the booking without giving any reason within 24 hours of the booking. In the event of cancellation by the Service Provider, the amounts paid by the Client towards the Prepayment and/or the Total Service Price will be refunded up to 7 working days after the Client has been informed of the cancellation.
4.1 The Service Provider shall be liable for the non-performance or improper performance of the Contract, unless the non-performance or improper performance is due solely to the act or omission of the Client.
4.2 The Client shall be liable for any damage of any kind to the Apartment, in particular to its furnishings and fixed elements, caused by the Client's act/ omission or by the act/ omission of persons who were on the premises during the period of the Client's stay, or animals, which the Client informs the Service Provider of within 1 day of the damage occurring.
4.3 The Service Provider shall not be responsible for any items belonging to the Client left in the Apartment during his/her stay and after the day of check-out. If the Service Provider discovers that the Client has left items in the Apartment after check-out, the Service Provider may (but is not obliged to) store these items for a period of 14 days from the date of becoming aware that the item has been left. The items left behind may be returned to the Client, at the address specified by the Client, at the Client's expense.
4.4 The Service Provider shall not be liable for damage to the Customer's property in garages, parking spaces and common parts of buildings.
4.5 The Service Provider shall not be liable for the use of premises not owned or managed by the Service Provider, adjacent to or likely to affect the Apartment that is the subject of the lease, nor shall it be liable for the use of the common parts of the building by third parties. In particular, the Service Provider shall not be liable for inconvenience or noise caused by users of neighbouring premises.
4.6 The Service Provider shall not be liable for fortuitous events affecting the operation of the Apartment, including shortages of power, water, heating or Internet supply, or for failures caused by bad weather conditions, including strong winds or heavy snow or rain.
4.7 In the event that the Client loses the key to the premises, access card or garage remote control or other items used to gain access to the premises or building, the Client shall be charged with the cost of replacing them, (if keys are lost) the cost of replacing the lock cylinder, making up the remaining sets of keys belonging to the Service Provider.
4.8 The Customer undertakes to comply with all fire and health and safety rules and instructions in force on the premises where the rented premises are located and accepts full responsibility for any consequences of failing to comply with them.
4.9 In the event that the performance of the Service proves to be entirely impossible through the fault of the Service Provider, the Service Provider undertakes to make every effort to offer a service of a similar standard and within the timeframe specified by the Client. If the Client does not agree to provide a service of a similar standard, the Service Provider is obliged to refund the funds paid by the Client within 14 days of receiving written information from the Client about the disagreement.
5 Terms of Stay
5.1 A hotel day starts from 16:00 on the day of arrival and ends at 11:00 on the day of departure. Leaving the premises after 11:00 a.m. on the last day of your stay is possible only upon prior arrangement and approval of the Service Provider and may incur an additional charge.
5.2 The keys to the Apartment are located in the key box on the premises. On the day of the Client's arrival, the Service Provider will send electronically the access codes to the key box and/or the electronic lock, no later than 4 p.m. The Client who has received the access codes to the key box and/or the electronic lock undertakes not to share this information with third parties. If access codes are provided, the Client shall be fully responsible for the premises under the Terms and Conditions.
5.3 Upon checking out and leaving the Apartment, the Client shall place the keys in the key box in accordance with the instructions given by the Service Provider.
5.4 Check-in shall take place by 10.00 p.m. and check-out from 7.00 a.m. Check-in and check-out at times other than those specified is only possible by prior arrangement with the Service Provider and may incur an additional charge to the Client.
5.5 On the day of check-in and handing over the keys to the premises, the Service Provider is entitled to request the Client to show his/her identity card or passport in order to confirm and write down the Client's personal data.
5.6 Prior to check-in, the Service Provider is entitled to require the Client to pay a refundable deposit. The amount of the deposit is determined individually and communicated in the Initial Booking Confirmation. The deposit may be collected by credit card authorisation, bank transfer or be paid in cash. The deposit shall be returned within 7 working days after the Customer vacates the Apartment.
5.7 The Customer is obliged to use the Apartment only for residential purposes, in a manner consistent with its purpose, the provisions of the Rules and Regulations and the principles of social co-existence, in particular in a manner that does not disturb the peace of third parties, including those residing in neighbouring premises. In particular, the Client is obliged to observe the curfew in force in the Apartment from 22.00 to 6.00.
5.8 The Service Provider shall have the right to terminate the Agreement with immediate effect without reimbursement of the monies collected in the event that the Client, the people on the premises or the animal violate the Rules, behave in an aggressive manner or in a manner that disturbs the peace of third parties, including people residing in neighbouring premises (in particular by holding parties or other gatherings and meetings that violate good manners and rules of social coexistence in the premises). In the event that it is necessary to intervene by the Police, the Municipal Police, the security of the premises in question or an employee of the Service Provider, the Service Provider will charge the Client an additional fee of PLN 500 for each violation, which does not limit the possibility of claiming compensation on general terms.
5.9 The Apartment may be occupied by a maximum number of persons corresponding to the number for which the booking was made. Each time a larger number of persons stays in the Apartment, the Service Provider shall be entitled to charge the Customer with an additional fee of PLN 500 for each person over the number specified in the booking process and to terminate the Agreement with immediate effect.
5.10 The Client undertakes to immediately notify the Service Provider of any damage caused by the Client to the Apartment equipment and the Apartment itself. The Client undertakes to cover them by the last day of use of the Apartment at the latest. 5.10. The Client shall bear full financial liability for any damage to or destruction of items of equipment and technical devices in the Apartment caused by the Client or his/her visitors.
5.11. Smoking, in particular tobacco products, including electronic cigarettes and water pipes, is strictly prohibited in the Apartment. This prohibition does not apply to the burning of wood in an adapted fireplace, in accordance with its purpose, if the premises have such a fireplace and it is available. In the event of a breach of the smoking ban, the Service Provider may impose an additional fee of PLN 500 on the Customer, which does not limit the possibility of claiming damages on general principles. 5.11. Smoking is allowed on terraces and balconies belonging to the Apartment and places designated for that purpose on the premises.
5.12 The Client is obliged to take care of the Apartment with due diligence, in particular, he/she is obliged to lock the front door of the Apartment during his/her absence, as well as not to take the items of equipment outside the Apartment without the Service Provider's consent. If the Service Provider finds any equipment missing after the Client's stay, the Service Provider may charge the Client with the cost of purchasing the missing items of equipment.
5.13. The Client is obliged to notify the Service Provider immediately of any defects in the Apartment.
5.14. The Client is obliged to comply with the applicable waste segregation rules.
6 Stay of children
A child under 4 years of age (one per two adults), sleeping with adults or in his/her own bed and not requiring bedding, does not pay any fee for the stay. Other children pay the regular price and are treated in the same way as an adult.
7.1 The Service Provider does not allow animals in the Apartment, except where this is clearly indicated in the description of the Apartment. In cases where the stay of an animal in the Apartment is possible, the Service Provider shall charge the Client an additional fee of PLN 40 per day per animal.
7.2 The Client shall be fully responsible for any damage caused by the animal and shall be obliged to compensate for such damage.
7.3 The presence of animals on the premises without the Service Provider's consent entitles the Service Provider to charge the Client an additional fee of PLN 500.
8.1 In the event of non-compliance with the Contract for the provision of services, the Client shall notify the Service Provider of a complaint in writing by e-mail at email@example.com or by post within 14 days from the end of the stay.
8.2 The Service Provider shall consider the complaint within 14 working days of receipt.
8.3 If the Service Provider refuses to consider a complaint, it is obliged to justify the reasons for the refusal.
9 Final provisions
9.1 In matters not regulated by these Terms and Conditions the relevant provisions of the Civil Code shall apply.
9.2 Should any provisions of the Terms and Conditions become invalid, illegal or unenforceable as a result of a change in applicable law, the remaining provisions shall not be affected to the extent permitted by law.
9.4 Any disputes between the Service Provider and the Client will be considered in accordance with the provisions of the Polish law by the competent court for the city of Warsaw.
9.5 These Terms and Conditions shall come into force on the date of publication.