§ 1. INFORMATION OBLIGATION

1. The service provider of the services rendered within the meaning of the Act on Rendering Electronic Services of 18 July 2002 is ResiNest Spółka Akcyjna with its registered seat in Białystok (15-101), 56 Jurowiecka Street, entered into the National Court Register – Register of Entrepreneurs by the District Court in Białystok, XII Commercial Division of the National Court Register under KRS no.: 0000680710, holding tax identification number (NIP): 5252713506, business activity registry number (REGON): 367447538. The Provider provides an electronic service for making, changing or cancelling a booking of a selected Apartment, as well as a booking payment service, with the proviso that the Provider does not conclude short-term Apartment rental agreements for the benefit of the Service Provider. The terms and conditions of the Provider’s Booking Service are available in the Booking System. 
2. Definitions of terms used in the Rules:

1. Act – Act on provision of services by electronic means of 18 July 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
2. ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network, within the meaning of the Telecommunications Law;
3. Booking System – a booking system operated by the Provider, enabling the Service Recipient to make, change or cancel a booking of a selected Apartment and to make payments for the booking; a type of ICT System;
4. Services provided by electronic means – services which are performed by sending and receiving data via ICT systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, with the data being transmitted via public networks within the meaning of the Telecommunications Law;
5. Booking Service – the service of booking Apartments, provided electronically by the Supplier to the Service Recipient, consisting in making, changing or cancelling the booking of a selected Apartment and enabling the payment for the booking;
6. Provider – means Bookassist/Automatic Netware Limited with registered office at Dublin, st Floor South Block, Rockfield Central, Dublin D16 R6V0, Ireland, no. IE312796
7. Means of electronic communication – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, and in particular electronic mail.
8. Service Provider – ResiNest Spółka Akcyjna with registered office in Białystok (15-101), 56 Jurowiecka Street, entered in the National Court Register – Register of Entrepreneurs under KRS no.: 0000680710, holding NIP no.: 5252713506, REGON no.: 367447538
9. Customer – an entity using the services of the Service Provider and Supplier who is a party to a contract for the provision of services being a natural person, legal person or organisational unit without legal personality, who undertakes to comply with these Terms and Conditions.
10. Types of services provided electronically:

1. newsletter service;
2. booking service via www.resinest.com operated by the Supplier;
3. reservation management service via www.myalfred.cz/pl application   
4. Minimum technical requirements needed to use the electronically provided services:

1. a computer, laptop or other multimedia device with Internet access and a web browser supporting HTML 5;
2. access to e-mail, 

while some of the services provided electronically may be subject to additional technical requirements specific to the type of service.

§ 2. GENERAL TERMS AND CONDITIONS OF SERVICE

1. The Customer undertakes to:

1. comply with these Rules;
2. provide truthful personal data;
3. to use the services provided by the Service Provider in a lawful manner, in particular to respect the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
4. to refrain from actions that may cause an overload of the Service Provider’s ICT systems and from any actions that lead to unauthorised access to all or part of the Service Provider’s ICT systems;

2. The Service Provider shall not be liable for any damage caused by the use of the services in a manner contrary to generally applicable law, good morals or otherwise not in accordance with these Regulations. In the event of third-party claims arising from the Client’s actions contrary to these Terms and Conditions, the Client agrees to indemnify the Service Provider against any costs or liability.
3. The Service Provider shall not be liable for damages caused to the Client due to system defects (malfunctions), lack of operation or malfunction of the Services provided electronically, failures, including the inability to use or malfunction of these services caused by the lack of operation or malfunction (e.g. defect, failure) of the system or any element thereof.
4. The Service Provider shall not be liable for damages caused by the use of the services by an unauthorised person who, as a result of a culpable act or omission of the Client, has gained access to the services provided by the Service Provider.
5. The Service Provider is not obliged to check the content entered by the Client into the Service Provider’s ICT systems. If the Service Provider obtains reliable information or official notification of the unlawful nature of such content or related activities, the Service Provider may remove such content and/or suspend the Client’s access to the services provided. In such a case, the Service Provider shall not be liable for the removal of the content referred to in this paragraph or for the suspension of access to the services on the basis of this paragraph.
6. The Service Provider reserves the right to carry out necessary maintenance work on the ICT system, which may cause temporary difficulties or make it impossible for the Service Recipients to use the services. In special cases, the Service Provider has the right to temporarily discontinue or restrict the provision of services, without prior notice, e.g. to restore the security and stability of the ICT system.
7. The service provider undertakes to keep confidential all information, including personal data entered by the recipients into the service provider’s ICT system, except in the following cases:

1. such information that is publicly available or generally known, insofar as it has not become publicly available or generally known as a result of a breach of law or contractual obligations between the Service Provider and the Client;
2. disclosure is required by generally applicable law;
3. The service provider will consent to the disclosure.

§ 3. NEWSLETTER SERVICE

1. The newsletter service consists of the provision of commercial information from the Service Provider (e.g. advertisements, commercial offers, invitations to events) to the e-mail address or telephone number provided.
2. The service is provided free of charge for an unlimited period of time.
3. The Customer may unsubscribe from the newsletter service at any time with immediate effect by informing the Service Provider in any form – e.g. in writing, by e-mail or by clicking on the link contained in each electronic message that is a newsletter. The cancellation is tantamount to the termination of the contract for the provision of electronic services concerning the newsletter.

§ 4. RESERVATION SERVICE VIA THE WEBSITE

1. The Booking Service is operated by the Supplier. The terms and conditions of the Supplier’s Reservation Service are available in the Reservation System. 
2. To book a stay via the website www.resinest.com, select one of the available Apartments or the option of any location and the planned date of stay and press the “book” button. Then select the Apartment, the planned date of stay, specify the number of guests and press the “continue booking” button. The order number will appear at the top of the page. At this stage, the Service Recipient can specify which additional services offered for the flat he or she would like to use, choose between the non-refundable and flexible booking options, and select the type of payment. After clicking “go to the next step”, the system will direct us to a summary of the booking, which must be confirmed by clicking the “confirm booking” button. Confirming the booking is tantamount to accepting these Terms and Conditions, the Rules of Stay and the Privacy Policy. After clicking on the “confirm booking” button, the website sends the Service Recipient to the payment form, where the Service Recipient makes payment for the stay and any additional services (choices include BLIK payment, bank transfer, debit or credit card or electronic wallet, PayPal payment). The client receives a confirmation of the booking to the e-mail address provided.
3. The service of booking a stay via the website www.resinest.com is a free service.

§ 5. RESERVATION MANAGEMENT SERVICE 

1. The booking management service consists of the possibility for the Service Recipient to check in to the Apartment using the MyAlfred app at www.myalfred.cz/pl. After entering the booking code, the Service Recipient can complete their details in the app and then manage their booking. 
2. The use of the app by the Service Recipient is voluntary. 
3. The service is provided by an intermediary company under the name Hotelgram Polska sp. z o.o., Plac Bankowy 2, 00-095 Warsaw, Poland (KRS: 0000831605). 
4. The service is provided free of charge for the duration of the Apartment booking.

§ 6 COMPLAINTS

1. Complaints related to the provision of electronic services by the Service Provider can be submitted in writing to the Service Provider’s address or electronically via e-mail to: hello@resinest.com 
2. The complaint should contain the following details of the Customer: first name, surname, address of the Customer, e-mail address provided at the time of booking and a description of the problem that has arisen in connection with the use of the Service.
3. The Service Provider shall consider complaints immediately, but no later than within 14 days from the day on which the complaint was lodged. If the complaint cannot be considered within this timeframe, the Service Provider shall, within this timeframe, notify the complainant of the reasons for the delay as well as the expected necessary timeframe for consideration of the complaint.

§ 7. INFORMATION ON SPECIFIC RISKS ASSOCIATED WITH THE USE OF SERVICES PROVIDED ELECTRONICALLY

1. The use of services provided electronically involves the risk of the computer system being attacked by malicious software, including software whose sole purpose is to cause damage. In order to minimise this risk, it is recommended to install anti-virus software on the Service Recipient’s computer and to ensure that it is constantly updated. It is also recommended to run a firewall on the computer.
2. One of the risks associated with the provision of electronic services is also attacks by hackers. The Service Provider declares that it has safeguards in place to prevent or make significantly more difficult the hacking of the Service Provider’s system.

§ 8. PERSONAL DATA

All information regarding the protection of personal data implemented by the Service Provider can be found in the Privacy Policy available at www.resinest.com.

§ 9. PAYMENTS

1. The operator of payment cards is PayPro SA Agent Rozliczeń, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.

§ 10. FINAL PROVISIONS

1. Matters not covered by these Rules shall be governed by generally applicable law, in particular the Act and the Civil Code.
2. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e. in particular changes to legal regulations to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
3. In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. agreements for short-term rental of the Apartment), the amended Terms and Conditions shall be binding upon the Service Recipient if the Service Recipient has been notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. Should the amendment to the Terms and Conditions result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the agreement.
4. Where contracts of a nature other than continuing contracts are concluded under these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of Service Recipients who are consumers prior to the effective date of the amendments to the Terms and Conditions.