This Regulation defines the procedure for entering into an accommodation rental agreement, the rules of settlement, and the cancellation of reservations within the Service provided electronically by the Lessor.
This Regulation is the regulation referred to in Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services.
Lessor - Anna Dobrzycka, Radogoszcz 13, 83-221 Radogoszcz, Tax Identification Number (NIP) 5981507697
Offer, House - accommodation offered by the Lessor for the purpose of entering into an accommodation rental agreement through the Service. The accommodation rental offer (especially the Total Service Price) does not apply to the organization of workshops, corporate events, and special occasions.
Tenant - a natural person with full legal capacity, a legal person, or an organizational unit referred to in Article 331 of the Civil Code, entering into an accommodation rental agreement with the Lessor.
Accommodation Rental Agreement - a legal act concluded through the Service upon confirmation of the reservation, regulating the overall mutual rights and obligations of the Lessor and the Tenant. This Regulation constitutes an integral part of the agreement. The provisions of the Act of 21 June 2001 on the protection of tenants' rights and the housing resources of communes do not apply to the agreement.
Service - the presentation of the Lessor's Offer on the Internet, enabling the conclusion of an accommodation rental agreement online;
Electronic Reservation Form - a form available in the Service allowing the conclusion of an accommodation rental agreement;
Total Service Price - the total service price indicated during the reservation, including all charges arising from the concluded accommodation rental agreement, including taxes and all public charges.
III. GENERAL PROVISIONS
1. Types and scope of services provided electronically:
a. Conclusion of accommodation rental agreements;
b. Sending e-mails in which the Lessor confirms the reservation with its terms and payment deadline;
c. Rules for registration and use of an Account within the Service.
2. The use of the Service is possible provided that the Tenant's computer system meets the following minimum technical requirements:
a. Internet browsers, e.g., Firefox, Chrome, Internet Explorer, in the current version;
b. Any program for viewing PDF files;
c. Having an active and properly configured email account.
IV. METHOD OF CONCLUDING AN AGREEMENT
1. The subject of the Agreement is the rental of accommodation offered by the Lessor through the Service. The Agreement is concluded through the Electronic Reservation Form in successive steps - the Tenant specifies the start and end dates of the stay, chooses the accommodation, and declares the number of persons.
2. After the Tenant provides all necessary data, a summary of the reservation will be displayed. To make a reservation, it is necessary to provide personal data in the Electronic reservation form marked as mandatory, accept the content of the Regulation, and send the reservation by pressing the [Place an Order] button.
3. The accommodation rental agreement is considered concluded at the moment the Lessor accepts the Electronic Reservation Form, which is confirmed by displaying a confirmation message and providing its number.
4. After the agreement is concluded, the Tenant receives an email confirming the agreement, including all essential provisions, in particular, specifying the Total Service Price, the payment deadline and method, and the conditions for acceptance and cancellation of the reservation. In case of requiring an advance payment (the advance is always in the form of a deposit), the deadline for payment is indicated along with information about the consequences of the payment deadline elapsing without payment. Failure to pay the advance within the deadline indicated in the email results in the cancellation of the reservation and the termination of the accommodation rental agreement by the Lessor without setting an additional deadline for performance. The amount of the advance payment is at least 30% of the Total Service Price in the refundable offer and 100% of the Total Service Price in the non-refundable offer.
5. Subleasing the accommodation that is the subject of the Offer and transferring or providing it to third parties is not allowed.
6. A refundable security deposit of PLN 4,000 is collected from the Lessor by bank transfer, which serves as security for any damage caused by the Lessor and their guests during the stay. The deposit is refunded within 5 business days after check-out.
V. CANCELLATION AND MODIFICATION OF RESERVATIONS
1. Failure to perform the actions described in the email confirming the acceptance of the reservation within the required period automatically cancels the reservation and results in the Lessor terminating the concluded Agreement without setting an additional deadline for performance.
2. Cancellation or modification of a reservation is possible through the link provided in the email or by contacting Customer Service. Using the link in the email allows for the automatic, immediate cancellation of the reservation under the terms accepted during the reservation in the Electronic Reservation Form.
3. In the event of cancellation or modification of the reservation resulting in an overpayment by the Lessor, the funds from the advance payment will be transferred to the Lessor within 7 days from the date of cancellation or modification of the reservation. The cancellation or modification conditions are presented during the reservation process in the Service and vary depending on the chosen stay period. If the specified deadline for modifying the reservation is exceeded, the advance payment is not refunded.
1. In the event of finding non-compliance with the Agreement in the provision of services, the Tenant should submit a written complaint or an email message within 14 days from the end of the stay.
2. The complaint should contain the Tenant's data: name, surname, email address provided during the reservation, and a description of the problem.
3. The Lessor will consider the complaint within 14 days of receiving it, and will inform the Tenant in writing or electronically about the method of handling it.
4. If the Tenant's data is missing, the Lessor does not consider the complaint.
5. If the Tenant does not agree to the method of handling the complaint, they have the right to use out-of-court dispute resolution and claim consideration methods in accordance with the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823).
VII. HOUSE USAGE
1. Smoking tobacco and other substances is strictly prohibited in the house and other buildings. Violating this smoking ban will result in the Tenant incurring an additional cost of PLN 3,000 for ozone treatment of the house.
2. Smoking tobacco on the property, outside of the buildings, is allowed in designated areas.
3. It is prohibited to create fires in undesignated areas, leave open flames unattended, use irons, stoves, or heating devices other than those provided in the property, or use any other devices that may pose a fire hazard.
4. Users of the grill, fireplace, and bonfire are required to extinguish the fire (i.e., not leave it overnight or unattended) and clean up after grilling or burning. Firewood for the fireplace and bonfire is available in limited quantities as part of the rental price (specified upon key handover). Firewood stored on the property is the property of the Landlord and is not part of the rental. Only dry hardwood prepared by the Landlord should be used in the fireplace. Using other wood can lead to significant smoke and heavy staining of the fireplace glass.
5. The Tenant is responsible for segregating and sorting waste according to the instructions provided on waste containers in the building and waste storage areas.
6. The Tenant is responsible for maintaining and returning the house in its original condition, considering normal use of the property and the surrounding area. This includes leaving clean rooms with furniture arranged as at the time of handover to the Tenant, washing dishes and kitchen equipment, and sanitary appliances.
7. No devices or appliances that could pose a fire hazard, such as electric heaters, gas burners, electric blankets, etc., are allowed in the house. Bringing flammable materials, explosives, or materials with unpleasant odors into the house is prohibited.
8. The Tenant is responsible for properly securing the property, which includes securely closing all entrance doors and windows, as well as the lake gate and entrance gate, every time the property is vacated, and storing the keys without access by unauthorized individuals. If the property is left unattended for a few hours, it is recommended to arm an alarm system for added security of the items left inside.
9. The Tenant cannot transfer or provide the house to third parties.
10. The house is intended for use by up to 14 people. Staying in the property by a greater number of people than agreed upon must be done with the Lessor's consent. Staying with a greater number of people without prior agreement will result in the termination of the contract without a refund for the unused portion of the stay.
11. Only guests registered by the Tenant are allowed to reside on the property; however, children and teenagers under the age of 18 are only allowed on the property under adult supervision. Individuals who are not tenants but are present on the property by the Tenant's invitation are required to leave the property by 10:00 PM. The Tenant who invited such individuals is responsible for them, including their compliance with the provisions of this Regulation.
12. The Tenant is allowed to park cars and other vehicles weighing up to 2.5 tons on the property. Parking on the property is free and unattended. The Tenant and their guests park their vehicles on the property without entering into a storage agreement for these vehicles, their contents, and money, or any similar agreement. The Lessor is not responsible for the loss, damage, or destruction of these vehicles and their contents.
13. The Lessor is not responsible for temporary inconveniences caused by independent suppliers resulting in, for example, temporary lack of utilities such as water, electricity, gas, or telecommunications services, as well as malfunctions of the hot tub and sauna. In the event of a malfunction of the hot tub and sauna, the Landlord will refund the fee paid for the use of these equipment.
14. In the event that the Tenant significantly disturbs the peace and/or the well-being of neighbors or fails to adhere to commonly accepted norms of social coexistence, the Landlord reserves the right to terminate the Tenant's stay in the house without the right to a refund for the unused period of stay.
15. If, as a result of a violation of the nighttime quiet hours, which apply from 10:00 PM to 6:00 AM, the Lessor, an authorized person, or another person is compelled to call the Police, the Lessor has the right to immediately terminate the contract without a refund for the unused period of stay.
16. The Lessor does not allow pets in the house.
17. Access to the lake and water activities from the shore and pier are at the sole responsibility of the Tenant. The swimming area is unsupervised. The Tenant is responsible for their safety and the safety of minors.
18. The Tenant's use of water equipment (e.g., kayaks, SUP boards, boats, etc.) is at the Tenant's sole responsibility. The Lessor does not verify the Tenant's skills and qualifications to use water equipment.
19. In the event of damage or technical malfunctions, the Tenant should notify the Lessor or an authorized person immediately after noticing the issue, by calling +48 605142829.
20. The Lessor has the right to terminate the lease agreement immediately, retaining the entire rental fee, in the event of a significant violation of this Regulation or if the Tenant causes damage.
21. The Tenant is obligated to comply with the internal regulations and instructions related to the use of the hot tub, sauna, pier, and other equipment and devices provided by the Lessor.
VIII. HOUSE HANDOVER
1. The rental period begins at 4:00 PM (arrival) and ends at 11:00 AM (departure).
2. In the event of inability to arrive at the previously agreed time, the Tenant is obligated to inform the Lessor by phone.
3. Check-in and check-out take place in the presence of the Lessor or an authorized person.
4. Upon arrival, but before moving in, the Tenant is required to inspect the house, which means checking the furniture, windows, bathrooms, and other equipment in the house. The Tenant is obligated to inform the Lessor or an authorized person about the need for repairs or visible defects in the house immediately, before commencing use.
5. The absence of comments from the Tenant regarding damage within 3 hours of receiving the keys indicates that the Tenant has no objections to the entire property.
IX. ADDITIONAL SERVICES
Use of the hot tub and sauna is available for an additional fee as indicated on the website when making a reservation. The water is filled by guests themselves, is treated, and does not contain pool chemicals. Guests are responsible for heating the water themselves. The hot tub is not available on the day of check-out. Use is only allowed after familiarizing with the rules of use (available on the hot tub.lustrowody.pl and sauna.lustrowody.pl websites). By making a reservation, the Tenant undertakes to inform all guests about the above rules for using the hot tub and sauna.
X. PERSONAL DATA PROTECTION
1. The data controller is the company Anna Dobrzycka, contact: firstname.lastname@example.org ("Controller").
2. Providing personal data is voluntary but necessary for the following purposes:
a. implementation of agreements with the company and obligations arising from them,
b. provision of personalized marketing information, including participation in promotions and contests organized by the Controller,
c. ensuring the convenience of using the house.
3. The legal basis for the processing of personal data is:
a. consent of the data subject,
b. the necessity of performing agreements concluded with the Controller and performance of actions at the request of the data subject before the conclusion of the agreement,
c. a legal obligation incumbent on the Controller,
d. legitimate interests pursued by the Controller (e.g., safety in the house, preventing unlawful activities, providing accommodation services) or a third party (e.g., cleaning services), in accordance with the law or legitimate interests pursued by the Controller.
4. Personal data will be stored for accounting purposes for a maximum period of 5 years, counting from the end of the calendar year in which the tax payment deadline related to the agreement concluded with the Controller has expired. In other cases, personal data will be stored as long as there is a legal basis for their processing, unless applicable law requires longer storage, e.g., for use in proceedings concerning the operation of the house. At the end of the storage period, personal data will be deleted or anonymized.
5. Personal data may be transferred to entities processing them on behalf of the Controller, to fulfill the purposes for which this data is collected, e.g., cleaning services cooperating with the house, couriers, suppliers of goods and services, technical services, payment institutions, including payment operators, IT service providers performing services for the Controller, business partners, marketing agencies, and entities authorized to obtain data based on applicable law, such as business information agencies, courts, or law enforcement agencies.
6. Personal data is not processed in an automated manner, including profiling.
7. Individuals whose personal data is processed have the following rights:
a. access to personal data,
b. rectification, erasure, or restriction of the processing of personal data,
c. objection to the processing of personal data,
d. withdrawal of consent for processing personal data for one or more purposes without affecting the lawfulness of the processing carried out before the withdrawal of consent,
e. data portability,
f. filing a complaint with the President of the Office for Personal Data Protection.
8. To exercise their rights, individuals whose personal data is processed should contact the Controller (email@example.com).
XI. FINAL PROVISIONS
1. The person making an online reservation is responsible for the accuracy of the information provided in the Electronic Reservation Form. The Lessor is not responsible for incorrect choice of dates or errors in the form. In case of identifying any inaccuracies that cannot be corrected through reservation editing, please contact Customer Service promptly.
2. The Lessor is not responsible for injuries, damage, and property destruction (damage to the health and property of a third party) during the entire stay in the house.
3. The Tenant is financially responsible for any damage or destruction of furnishings and technical equipment caused by the Tenant's fault or the fault of visiting individuals. The Tenant agrees to cover the cost of repairs or damage removal by deducting it from the security deposit. If the security deposit is insufficient, the Lessor will provide the Tenant with a repair estimate and request payment of the accrued costs.
4. The Lessor is not liable for damages incurred by the Tenant during the rental period, including damaged or lost valuable items left in the property, as well as individuals staying with the Tenant during the rental period.
5. Contact details are available in the "Contact" tab at the top of the reservation calendar and in emails.
6. The contract is subject to Polish law. Any disputes will be resolved amicably, and in the absence of an agreement, the competent court will be the court with jurisdiction over the Lessor's registered office.
7. The Customer declares that they have been informed of the content of Article 38, paragraph 12 of the Act of 30 May 2014 on consumer rights, which stipulates that in the case of agreements for the provision of accommodation services, other than for residential purposes, the consumer does not have the right to withdraw from a distance contract.