§ 1 GENERAL PROVISIONS
- These Rules and Regulations (hereinafter referred to as the “Rules and Regulations“) define the terms and conditions of short-term rental of Apartments offered by the Operator – ResiNest Spółka Akcyjna, a joint-stock company with its registered office in Białystok (hereinafter referred to as the “Operator“), the rules of booking and the rules of staying in the Apartment.
- These Terms and Conditions are an integral part of the short-term rental agreement, which is concluded by making a reservation in accordance with § 3 of these Terms and Conditions (hereinafter referred to as the “Agreement“). By making a reservation in the mode specified in § 3 of the Rules and Regulations, the Customer confirms that he/she has familiarised himself/herself with and accepts the terms and conditions of the Rules and Regulations, the content of which the Customer can familiarise himself/herself with in the Booking System, and the acceptance of which he/she confirms with an appropriate declaration on the booking form, and with the submission of an offer for short-term flat rental under the terms and conditions specified in the Rules and Regulations .
- Photographs and descriptions of services provided in the Reservation System or other portals for concluding Contracts with the Operator do not constitute an offer within the meaning of Article 66 of the Civil Code, but are only an invitation to submit offers.
- The Regulations are available: (I) on the website of the Reservation System and (II) in each Apartment.
- The Terms and Conditions are aimed at both consumers and non-consumers, in particular businesses.
- Terms used in the Regulations shall mean:
- APARTMENT – a residential unit offered by the Operator, which is the subject of a booking or Contract concluded between the Operator and the Client;
- GUEST – the tenant of the Apartment (Client), as well as other persons using the Operator’s services together with the Client or staying in the Apartment at the same time;
- CUSTOMER – a natural person with legal capacity as defined by the Civil Code, a legal person or an organisational unit as referred to in Article 331 of the Civil Code, being a party to the Contract,
- OPERATOR – ResiNest Spółka Akcyjna with its registered office 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 NIP number: 5252713506, REGON number: 367447538, holding share capital of PLN 100,000.00;
- CUSTOMER CAREER – a representative of the Operator authorised to perform on behalf of and for the Operator the activities specified in the Regulations;
- AGREEMENT – the agreement for short-term rental of the Apartment concluded by the Client with the Operator;
- RESERVATION SYSTEM – the website: www.resinest.com and the websites of intermediary portals including www.booking.com and www.airbnb.pl providing a platform through which Apartments are booked;
- PARTIES – the parties to the Agreement, collectively the Customer and the Operator.
§ 2 SUBJECT MATTER OF THE CONTRACT
- The subject of the Agreement is the lease of the Apartment specified in the Agreement of a short-term nature. The lease period is counted in days and does not serve the purpose of satisfying permanent housing needs within the meaning of the Act of 21 June 2001 on the protection of tenants’ rights, the housing stock of a municipality and amendments to the Civil Code.
- The contract covers only the rental of the Apartment indicated therein, the detailed description of which, including photographs, is available in the Reservation System.
- As part of the Contract, the Operator shall not provide any additional services to the Hirer, in particular hotel, catering, transport and tourism services, as well as services for the storage of belongings, care of persons, medical care and information, unless the additional services have been expressly requested in the booking process and indicated in the Contract.
- The contract is concluded for the period in accordance with the booking made.
§ 3 FLAT RESERVATION
- Booking is performed by the Client by selecting the Apartment offered by the Operator through the Reservation System or another portal mediating in concluding Contracts with the Operator, indicating by the Client the date of commencement and completion of the stay and filling in the booking form available in the Reservation System or other portals mediating in concluding Contracts with the Operator or by making a reservation by phone at the telephone number indicated in the Reservation System or electronically by sending a request to the e-mail address of the Operator indicated in the Reservation System .
- If a booking is made by telephone or e-mail, the booking is made once the Customer has received confirmation of the booking via the e-mail address provided by the Customer or via text message to the telephone number provided by the Customer.
- While booking the Apartment, the Client is obliged to indicate the number of Guests to stay in the Apartment. This number of Guests cannot exceed the maximum number assigned to the Apartment. The stay in the Apartment of a larger number of Guests than the number indicated in the booking should be agreed with the Operator by e-mail prior to the commencement of the stay, and may result in the increase of the price for the Apartment or refusal to book it.
- Confirmation of the booking, i.e. acceptance of the offer, takes place in writing or by sending an e-mail to the e-mail address specified by the Customer during the booking process or by text message to the telephone number specified by the Customer during the booking process, information on the acceptance of the booking, specifying additionally the total price of the service and the dates of the booking.
- The Customer is obliged, within the time limit resulting from the booking conditions, especially the one indicated in the Reservation System, in any case no later than on the day of commencement of the stay in the Apartment, pay the full price of the stay by bank transfer to the bank account number indicated in the Reservation System or other portal mediating the conclusion of Contracts with the Operator, by online payment or in cash.
- Failure to make the payment referred to in Subparagraph 5 within the period indicated in Subparagraph 5 entitles the Operator to withdraw from the Agreement without setting an additional date for its performance. The Operator shall inform the Client of the exercise of this right no later than on the agreed date of commencement of the stay in the Apartment.
- The payment referred to in subsection 5 is made when the operator’s bank account is credited.
- The customer is obliged to provide complete and truthful information necessary for the booking process, i.e. name, address, contact telephone number, e-mail address.
- The Operator has the right to refuse to accept a Customer who, during the previous stay, has breached the Rules, caused damage to the Apartment (its substance or equipment), committed an unlawful act in the Apartment or in connection with the use of the Apartment, behaved in a manner inconsistent with the rules of social co-existence during the previous stay or is under the influence of alcohol, intoxicants or behaves aggressively, in particular posing a threat to persons or property.
§ 4 CHANGE OF RESERVATION OR CANCELLATION OF RESERVATION
- Failure to make the payment referred to in § 3.5 of the Terms and Conditions shall be deemed a default on the part of the Customer as defined by the Civil Code.
- Flats are made available with a choice of one of the options: 1. a refundable offer, i.e. with the possibility for the Client to cancel the stay until 12:00 on the day of arrival with a full refund of the price, and 2. a non-refundable offer, i.e. with no refund of the price, unless the cancellation is made at least 14 days prior to the date of the stay. In the event of an effective cancellation, the Operator shall refund to the Client the price paid by the Client for the stay in full, subject to the non-refundable offers referred to above. In the case of non-refundable offers (cancelled without observance of the deadline of 14 days preceding the date of stay), the Client shall be obliged to pay the cancellation costs of the stay, which constitute the Operator’s damage resulting from the Client’s cancellation. The cancellation cost referred to above is a lump sum penalty corresponding to the price of the stay booked by the Client.
- A change of booking may include a change of Apartment or a change of booking date, with the acceptance of the change of booking by the Operator being subject to the currently available stock of Apartments and/or vacant dates and the possibility of preparing another Apartment, respectively.
- It is only possible to change a booking after the client has paid the full price for the stay in accordance with the booking.
- Changes to the booking are made by the Customer by cancelling the previous booking and creating a new booking, as described in § 3 of the Terms and Conditions.
- The Operator’s acceptance of a changed booking is conditional on the Customer paying the next (new) full price for the stay in the Apartment.
- The Operator reserves the right to cancel the booking or change the date of booking and/or Apartment in case of occurrence of fortuitous situations preventing the execution of the booking made by the Customer and confirmed by the Operator (e.g. heating failure, interruption in electricity supply, etc.). In such a case, the Operator, with the consent of the Customer, changes the date and/or the Apartment or, if the Customer does not agree to the change of booking, refunds the paid price for the stay.
- In the event that a change of booking is agreed between the parties for reasons of force majeure as referred to in paragraph 7, no additional costs shall be incurred by the customer as a result.
§ 5 PRICE OF STAY
- The price of the stay constitutes the rent for the Apartment and is calculated as the sum of the daily rates for individual days of rental in the amounts current as at the day of booking and the number of days for which the Apartment is to be made available, unless otherwise specified in the Operator’s current offer or the Agreement.
- The price of the stay depends on the Apartment, the duration of the rental, the period (season) in which the Apartment is to be made available, the type and number of additional options selected during the booking, and the current daily rates for individual Apartments and individual dates are visible in the Booking System.
- The prices quoted are gross prices, including VAT at the rate applicable at the time of conclusion of the Contract, insofar as the lease is subject to VAT.
- Unless otherwise stated in the Agreement, the price of the stay includes:
- to rent the Apartment and make it available to the Client;
- preparation of the Apartment for the stay of the Guests, including cleaning of the Apartment, provision of bed linen and towels in quantities corresponding to the number of Guests;
- provision of hygiene products and daily detergents in an amount calculated according to the normal demand for the number of Guests during the period of stay, such as toilet paper, dishwasher tablets, dishwashing liquid, liquid soap;
- provision of bed linen and towels in a quantity corresponding to the number of Guests;
- cleaning at the end of the guests’ stay;
- utilities, including water, electricity, sewage and waste disposal, Internet access (WiFi);
(5) The price of the stay does not include the rental of a parking space. Rental of a parking space is subject to an additional charge specified in the Reservation System. The option of hiring a parking space is available provided that the facility has its own car park; information on the availability of a car park is provided each time in the Reservation System when booking the Apartment.
§ 6 SECURITY DEPOSIT
- The Operator has the right to collect a refundable deposit from the Customer to secure any damage to the Apartment, especially from a Customer under the age of 25. The amount of the refundable deposit depends on the Apartment selected by the Customer. If a deposit has been provided for, information on its amount and the necessity to pay it will be indicated during the booking process. The deposit is collected in cash or in the form of a block charge to the Customer’s credit card or by online transfer. If cash is chosen, the Operator shall issue a receipt to the Client for the refundable deposit. The Operator has the right to terminate the Agreement with immediate effect if the Client refuses to pay the deposit.
- The deposit referred to in section 1 above shall be returned to the Client within 7 days from the day of vacating the Apartment and handing over the keys to the Apartment to the Operator by – depending on the form of payment – unblocking credit card debit, bank transfer or cash.
- In the event that the Operator finds any damage to the Apartment that did not exist when the Apartment was handed over to the Client, an amount equivalent to the damage sustained by the Operator shall be deducted from the deposit referred to in paragraph 1 above. Should the amount of the deposit be insufficient to cover the damage, the Guests shall be jointly and severally obliged to cover the difference between the amount of the damage and the amount of the deposit paid immediately, no later than within 3 days from the day of receiving a call from the Operator in writing or in electronic form (e-mail). In the event of damage to the Apartment, irrespective of the Client’s obligations referred to above, the Client shall be obliged to pay to the Operator a contractual penalty in the amount of 25% of the value of the repairs (cost of replacing the item with a new one, cost of repair work) for the lump-sum compensation for the additional costs of repairing the damage and for the lost benefits. The Customer will be obliged to pay the liquidated damages within 3 days of being notified of their accrual. The Operator has the right to claim additional compensation if the amount of damage exceeds the amount of the stipulated contractual penalty.
- If the security deposit has not been collected by the Operator, and the Operator finds damage to the Apartment that did not exist when the Apartment was handed over to the Customer, the Guests will be jointly and severally obliged to repair the damage immediately, but no later than within 3 days of receiving the summons from the Operator in written or electronic form (e-mail).
§ 7 CHECK-IN AND CHECK-OUT
- The client specifies the date of stay in the Apartment at the stage of booking the Apartment.
- A day’s stay in the Apartment starts at 15:00 and ends at 11:00 on the following day. Releasing the Apartment to the Customer on the first day of stay takes place no earlier than at 15:00, checking out the Customer from the Apartment takes place no later than at 11:00 on the last day of stay. Extending the period of stay will result in an additional charge of PLN 25.00 for each additional hour of stay. Extension of the stay by more than 5 hours is possible against payment of 100% of the daily value of the stay in the Apartment. The Operator has the right to refuse to extend the period of stay in the Apartment if for objective reasons it will be impossible, especially in the case of booking the Apartment for another Customer.
- The Client shall be obliged to inform the Operator of the planned time of arrival no later than 4 (four) hours prior to arrival, unless otherwise agreed by the Parties in the Agreement. The Operator shall not be liable to the Client for any delays in the release of the Apartment caused by the lack of proper notification of the arrival time.
- The Apartment is issued on the basis of verifying the Client’s identity using an electronic system selected by the Operator, with the proviso that the Apartment may also be issued by the Operator without verifying the Client’s identity.
- In the event that the booking submitted by the Customer and accepted for execution by the Operator also includes the lease of a parking space, the Customer’s Supervisor, together with issuing the keys to the Apartment to the Customer, shall also hand over the remote control to the garage.
- The rules for the Customer’s use of the Apartment, including in particular its equipment, in addition to these Rules, are also made available in the Apartment.
- The Apartment is released to the Client for use on the condition that the Client has paid the total price of the stay.
- The Customer’s Supervisor may refuse to provide the keys to the Apartment (make the Apartment available) to a person who has breached the Rules and Regulations during the previous stay, caused damage or to persons under the influence of alcohol, intoxicants or behaving aggressively, posing a threat to persons or property.
§ 8 RULES FOR THE USE OF THE FLAT
- The Apartment may only be used by the number of persons indicated at the time of booking.
- The Customer may not establish rights in the subject matter of the Agreement in favour of third parties, nor may it transfer rights under the Agreement to third parties, including giving away the Apartment or its equipment for use against payment or free of charge.
- The Client is obliged to immediately inform the Caretaker of any damage or deficiencies found in the Apartment.
- Bringing animals into the Apartment shall be subject to an additional fee indicated in the Booking System when booking the Apartment, with the proviso that the Client shall be liable under the terms of the Rules and Regulations for any damage caused by the animal (including dirt beyond the scope of standard cleaning work). In other cases, the Clientt is forbidden to bring animals into the Apartment, unless otherwise specified in the Agreement, to smoke and to use an open flame. Guests are not allowed to use devices and objects that may cause a risk of damage to the property in the Apartment, in particular devices that may cause fire or flooding.
- Hazardous cargo – weapons and ammunition, flammable, explosive and illuminating materials, alcohol, intoxicating substances (drugs) and other substances or things whose possession is illegal – may not be stored in the Suite.
- The Customer undertakes to maintain the Apartment and its furnishings in good technical and aesthetic condition and to properly protect them from third party access, theft and other factors that may cause damage, especially by carefully locking doors and windows and carefully storing the keys to the front door and not making the keys available to outsiders.
- The Guests of the Apartment and their visitors are obliged to observe the principles of good neighbourhood and social coexistence, including the night-time silence valid from 22:00 to 6:00. 10 p.m. to 6 a.m. It is forbidden to organise parties in the Apartment.
- The Client is not entitled to make any repairs or make any expenditures or alterations to the Apartment without the prior written consent of the Operator. The Client is obliged to immediately inform the Client’s Supervisor or the Operator about the need to make any repairs or outlays. The Client shall not be entitled to claim reimbursement from the Operator for any outlays made, unless otherwise agreed by the Parties in writing under pain of nullity.
- The Customer’s Supervisor and the Operator shall have the right to enter the Apartment in order to rectify the malfunction or in the event of having a justified suspicion that the Guests, including the Customer, are violating the provisions of the Rules and Regulations. Should the Client not be present in the Apartment, the Client’s Supervisor or the Operator shall immediately inform the Client of the need to enter the Apartment.
- Each time a Guest leaves the Apartment, for safety reasons, he/she should switch off electrical appliances: TVs, DVDs, radios, washing machine, oven, ceramic hob and others excluding space and water heating appliances, turn off lights, turn off taps, close windows and lock doors.
- If the provisions of the Agreement (including the Terms and Conditions) are breached, the Operator shall be entitled to terminate the Agreement with immediate effect and the Customer shall be obliged to leave the Apartment immediately.
- The Customer shall pay the Operator a contractual penalty in the event that:
- breaches the obligation referred to in § 8.4 of the Rules and Regulations [smoking ban] – in the amount of PLN 500.00 (in words: five hundred zlotys 00/100)
- breaches the obligation referred to in § 8 section 7 of the Rules and Regulations [ban on organising events] – in the amount of PLN 2,000.00 (in words: two thousand zlotys) for each breach;
- does not provide the Operator with the keys to the Apartment at the end of the stay – in the amount of PLN 500.00 (in words: five hundred zlotys 00/100) for each set of keys;
- does not give the Operator the remote control to the garage at the end of the stay – in the amount of PLN 250.00 (in words: two hundred and fifty zlotys 00/100);
- breaches the obligation referred to in § 8 paragraph 1 of the Regulations [number of guests] – in the amount of PLN 1,000.00 (in words: one thousand zlotys 00/100) for each additional guest;
(13) The Customer shall be obliged to pay the contractual penalty within 3 days of being notified of its accrual. The Operator has the right to claim additional compensation if the amount of damage exceeds the amount of the reserved contractual penalty.
§ 9 GUEST RESPONSIBILITY
- Guests (including the Client) are jointly and severally fully liable for any damage to the Apartment caused by circumstances for which Guests or visitors are responsible.
- Guests (including the Client) shall be jointly and severally liable to repair the damage caused by, inter alia, paying an amount equivalent to the repair value or replacement value of the damaged, destroyed or lost items. The Operator also reserves the right to claim lost profits resulting from the damage to the Apartment.
- In the event that a security deposit is taken, the principles of redress are governed by § 6 of the Rules and Regulations.
- If the security deposit has not been collected by the Operator, and the Operator finds damage to the Apartment that did not exist when the Apartment was handed over to the Client, the Guests will be jointly and severally obliged to repair the damage immediately, but no later than within 3 days of receiving the summons from the Operator in written or electronic form (e-mail).
- The client agrees that the operator may assign the receivables due to third parties if the client fails to pay all the costs of the stay despite the client’s prior request in writing or by electronic means (e-mail).
§ 10 OPERATOR LIABILITY
- The Operator shall not be liable for the loss of or damage to items brought in by Guests or other persons using the Apartment, in particular for the loss of or damage to money, securities, valuables or items of scientific or artistic value.
- The Operator shall not be responsible for damage to or loss of a car or other vehicle belonging to any Guest, items left in it.
- The Operator shall not be liable for any damage or loss to property or persons caused by Guests or their visitors.
- The Operator shall not be held liable for any insignificant inconsistencies of the Apartment with the description and photographs provided in the Booking System, provided that such inconsistencies do not affect the possibility of performing the Agreement in a generally accepted manner and in accordance with the intended use of the Apartment.
§ 11 THINGS LEFT IN THE FLAT
- Personal belongings left in the Apartment by departing Guests will be sent back to the address indicated by the Client at the Client’s expense.
- If the customer does not receive an instruction to return the items left behind, the Operator will store the above items at the customer’s expense for a period of 30 days, after which time the items will become the property of the Operator.
§ 12 PERSONAL DATA
- The administrator of the personal data of the Guests (hereinafter referred to as the “Personal Data“) is ResiNest Spółka Akcyjna with its registered office in Białystok (15-101), ul. Jurowiecka 56, entered in the National Court Register – Register of Entrepreneurs by the District Court in Białystok, XII Economic Division of the National Court Register under KRS no.: 0000680710, holding NIP no.: 5252713506, REGON no.: 367447538, pos (hereinafter referred to in this paragraph of the Terms and Conditions: ‘Administrator‘).
- In connection with the booking process and the Guest’s stay in the Apartment, the Administrator processes or may process Personal Data:
- for the purpose of taking steps prior to the conclusion of the Agreement and for the performance of the Agreement between the Customer and the Administrator [Art. 6(1)(b) RODO];
- for the fulfilment of obligations imposed on the Administrator by law, including in particular tax, accounting and statistical obligations [Article 6(1)(c) of the DPA];
- if the Guest has booked a stay through the Booking System available on the Operator’s website, the stay data may be processed in order to fulfil the contract between the Administrator and the operator of this System (e.g. for the purpose of making settlements, informing about a reported complaint), which constitutes a legitimate interest pursued by the Administrator [Article 6(1)(f) RODO];
- if a Guest has booked a stay through an external Booking System (e.g. www.booking.com, www.airbnb.pl), the stay data may be processed in order to fulfil the contract between the Administrator and the operator of such a portal (e.g. for the purpose of making settlements, informing about a reported complaint), which constitutes a legitimate interest pursued by the Administrator [Article 6(1)(f) RODO];
- for the purposes arising from the legitimate interests pursued by the Administrator, such as the handling of reservations made by Guests, direct marketing, complaint handling, the assertion or defence of claims, contact with Guests in the event of unforeseen events (e.g. an error in payment processing), archiving, the performance of contracts binding the Administrator with other entities, if the processing of Personal Data is necessary for this purpose, e.g. when it is necessary for the settlement of a claim [Article 6(1)(f) RODO];
- if the Guest has made use of the possibility to manage online bookings via the www.myalfred.cz/pl application, the data on the stay may be processed for the purpose of fulfilling the contract between the Administrator and the operator of such portal (e.g. for check-in via the application, for billing purposes, to inform about a reported complaint), which constitutes a legitimate interest pursued by the Administrator [Article 6(1)(f) RODO];
- for marketing purposes after your stay at the Hotel based on your consent to receive marketing information [Article 6(1)(a) RODO] or as a legitimate interest pursued by the Administrator in connection with your consent to receive commercial information by e-mail [Article 6(1)(f) RODO];
- The Guest may give their consent to receive commercial information, including information on promotions, from the Administrator using electronic communication (e-mail, SMS). Not giving such consent does not affect the possibility of booking the Apartment.
- Information on the obligation or non-obligation to provide Personal Data, as well as on the consequences of not providing Personal Data, can be found each time in the information obligation, with which the Guest should become acquainted before performing a specific action related to providing Personal Data. Providing Personal Data when making a booking is voluntary, but is necessary in order to book the Apartment. If the Customer wishes to receive a VAT invoice, the obligation to provide Personal Data for the VAT invoice and its scope results from the provisions of the Act on Value Added Tax. Failure to provide personal data will make it impossible to issue a VAT invoice.
- If the Customer has booked a stay through the Booking System, the Personal Data necessary for the execution of the stay is provided to the Administrator by the operator of this Booking System. This includes identification and contact details and information about the booked Apartment.
- The Administrator entrusts the performance of certain services to its service providers (Data recipients). Therefore, it may be necessary to disclose Personal Data, to the extent necessary for a given service, to entities cooperating in the performance of the Agreement, including entities providing postal or courier services, if the use of the traditional form of correspondence proves necessary, entities providing IT services (including the operation of the Reservation System), hosting, mailing services, security, legal, payment, banking or marketing services. The recipient of Personal Data in the booking process in the Reservation System is the operator of the online payment system Transfers 24. Personal Data may be disclosed to the Administrator’s insurer if this is necessary for the settlement of a claim. If the Guest has booked a stay through an external Booking System, data about the stay, including complaints made, may be disclosed to the operator of this portal. Personal Data may be disclosed to the competent public authorities if required by applicable law.
- As a general rule, Personal Data will be stored until the expiry of the statute of limitations for any claims relating to the performance of the contract entered into by the Visitor with the Administrator. Personal Data processed on the basis of consent will be processed until the consent is withdrawn.
- Personal Data processed for the purposes of the legitimate interests of the Controller will be processed for the duration of that legitimate interest or until an objection is lodged, unless there is another basis for processing. Personal Data contained on accounting documents will be kept for the period required by law.
- Guests have the right:
- request access to your Personal Data and the right to request rectification, erasure, restriction of processing, as well as the right to data portability;
- to object to processing necessary for the purposes of the legitimate interests pursued by the Controller;
- object to the processing of Personal Data for direct marketing purposes;
- to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal, where the processing is based on consent.
§ 13 FINAL PROVISIONS
- In matters not regulated by these Regulations or the Agreement, the provisions of the Act of 23 April 1964 shall apply. – Civil Code.
- The Operator reserves the right to amend these Terms and Conditions at any time. Amendments to the Terms and Conditions, subject to paragraph 3 below, shall come into force upon publication by the Operator.
- The amendments referred to in subsection 2 shall not apply to Agreements binding the Parties at the time of their introduction. In such cases, the Customer shall be bound by the provisions of the Terms and Conditions as in force on the date of conclusion of the Agreement.
- In justified cases, such as the occurrence of force majeure, war, epidemics, as well as in urgent situations due to sudden changes in the legal status or the economic situation, the Operator shall be entitled to introduce time-limited deviations from these Rules in the form of a so-called “conduct policy”, aimed at standardising the rules of conduct in unforeseen or extraordinary situations in order to protect the rights and interests of all persons who may in any way be connected with any kind of relationship with the Operator. These deviations do not constitute an amendment to the Rules of Procedure and shall come into force on the date of publication by the Operator.
- Disputes will be settled by the court having jurisdiction over the location of the Apartment.