Reservation Terms and Conditions
I. INTRODUCTION
1. This Regulation defines the manner of concluding an accommodation rental agreement, the settlement rules, as well as the cancellation of reservations as part of the Service provided electronically by the Landlord.
2. This Regulation is the regulation referred to in art. 8 para. 1 item 1 of the Act of July 18, 2002, on the provision of electronic services.
II. DEFINITIONS
Landlord - Anna Dobrzycka, Radogoszcz 13, 83-221 Radogoszcz, NIP 5981507697
Offer, House - accommodation place offered by the Landlord for the purpose of concluding 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 as referred to in art. 331 of the Civil Code, concluding an accommodation rental agreement with the Landlord.
Accommodation Rental Agreement - a legal act concluded through the Service upon confirmation of the reservation, regulating all mutual rights and obligations of the Landlord and the Tenant. This Regulation is an integral part of the concluded agreement. The provisions of the Act of June 21, 2001, on the protection of tenants' rights and the municipal housing stock, do not apply to the agreement.
Service - presentation of the Landlord's Offer on the Internet, enabling the conclusion of an accommodation rental agreement online;
Electronic Reservation Form - a form placed on the Service enabling the conclusion of an accommodation rental agreement;
Total Service Price - the total price of the service indicated during the reservation process, including all charges resulting from the concluded accommodation rental agreement for taxes and all public charges.
Privacy and Cookies Policy of the Service - a document specifying detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy constitutes Appendix No. 1 to the Regulation and is available on the website [iai:privacy_policy_url].
III. GENERAL PROVISIONS
1. Types and scope of electronic services provided:
a. concluding accommodation rental agreements;
b. sending e-mail messages in which the Landlord confirms the creation of a reservation along with its conditions and the deadline for payment;
c. rules for registration and use of the Account within the Service.
2. The use of the Service is possible on the condition that the IT system used by the Tenant meets the following minimum technical requirements:
a. internet browsers such as 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. MANNER OF CONCLUDING THE AGREEMENT
1. The subject of the Agreement is the rental of accommodation offered by the Landlord through the Service. The agreement is concluded through the Electronic Reservation Form in consecutive steps - specifying the date of the beginning and the end of the stay, choosing the accommodation place, declaring the number of persons,
2. After providing all necessary data, the Tenant will see a summary of the reservation. To make a reservation, it is necessary to provide the mandatory personal data in the Electronic Reservation form, accept the content of the Regulation, and send the reservation by clicking the [Submit order] button.
3. The accommodation rental agreement is considered concluded at the moment of accepting the Electronic Reservation Form by the Landlord, which is confirmed by displaying a message confirming the reservation and providing its number.
4. After concluding the agreement, the Tenant receives an email message containing confirmation of the concluded agreement, including all essential provisions, in particular, the specification of the Total Service Price, the deadline and method of payment, and the conditions for accepting and canceling the reservation. In case of a requirement for a prepayment (always in the form of a deposit), the deadline for its payment is indicated along with information about the consequences of the ineffective expiration of the payment deadline. Failure to pay the prepayment within the indicated deadline in the email message results in the cancellation of the reservation and the termination of the concluded accommodation rental agreement without specifying an additional deadline for performance. The amount of the prepayment is 30% of the Total Service Price for the offer with the option to cancel and 100% of the Total Service Price for the non-refundable offer.
5. Subletting the accommodation place that is the subject of the Offer and transferring or providing it to third parties is not allowed.
6. A refundable deposit of PLN 4000 is charged by the Landlord, payable by bank transfer, which serves as security for any damages caused by the Landlord and their guests during the stay. The deposit is refunded within 5 business days from the date of check-out.
V. CANCELLATION AND RESERVATION MODIFICATION
1. Failure to perform the activities described in the message containing the reservation acceptance within the required period results in the automatic cancellation of the reservation, and the Lessor terminates the concluded Agreement without setting an additional deadline for performance.
2. Cancellation or modification of the reservation is possible through the link included in the email or by contacting Customer Service. Using the link in the email allows automatic and immediate cancellation of the reservation under the conditions accepted during the process of placing the order in the Electronic Reservation Form.
3. The Landlord reserves the right to cancel a reservation made by the Tenant (or the Tenant's guests) if, during a previous booking, they violated these terms and conditions or caused damage to the Landlord's property.
4. In the event of cancellation or modification of the reservation resulting in an overpayment by the Lessor, the amounts from the prepayment will be transferred to the Lessor within 7 days from the date of cancellation or modification of the reservation. If the cancellation or modification of the reservation is reported up to 21 days before the accommodation rental period, the prepayment is refunded in full, and up to 14 days in 50%. In the case of cancellation of the reservation less than 14 days before the accommodation rental period, the prepayment is not refunded.
VI. COMPLAINTS
1. In the event of finding services that do not comply with the Agreement, any complaints should be submitted by the Tenant in writing or via email within 14 days from the end of the stay.
2. The complaint should include the Tenant's details: name, surname, email address provided during the reservation, and an indication of the problem.
3. The Lessor will consider the complaint within 14 days from its receipt, informing the Tenant of this fact in the same form: in writing or electronically.
4. If the information provided in the complaint requires supplementation, the Lessor will request its completion within the deadline set for considering the complaint. The period referred to in point 3 runs for the Lessor from the moment of receiving the completed complaint.
5. In the case of refusal to consider the complaint, the Lessor is obliged to justify in writing or electronically the reasons for the refusal.
VII. USE OF THE HOUSE
1. Smoking tobacco and other substances is strictly prohibited inside the house and other buildings. Violation of the smoking ban will result in a charge of an additional cost of PLN 2,500 for ozone treatment of the house.
2. Smoking tobacco is permitted on the property outside of buildings only in designated areas.
3. Lighting fires in non-designated areas, leaving open fires unattended, using irons, stoves, or heating devices outside of those provided in the property, as well as any other equipment that may pose a fire hazard, are strictly prohibited on the property.
4. Users of the grill, fireplace, and campfire are required to extinguish the fire (i.e., not leaving it burning overnight or after leaving the property) and to leave the area clean after grilling or using the fire. Firewood for the grill and fireplace is available for a limited amount (specified upon key handover) and included in the rental price. Additional firewood can be purchased nearby.
5. The Tenant is obliged to separate and dispose of waste according to the instructions for waste containers provided in the building and the waste storage area.
6. The Lessor is responsible for maintaining and returning the house in an unimpaired condition, taking into account normal use of the property and the surrounding area. This includes leaving clean rooms, washed dishes, and kitchenware, as well as sanitary equipment.
7. The use of any devices or appliances that may cause a fire hazard, such as electric heaters, gas burners, electric blankets, etc., is strictly prohibited in the house. Bringing flammable materials, explosive materials, or materials with unpleasant odors into the house is also prohibited.
8. The Tenant is responsible for adequately securing the property, i.e., securely locking all entrance doors and windows before leaving the property and storing the keys without access to unauthorized persons.
9. The Tenant is not allowed to transfer or make the house available to third parties.
10. The house is designed for occupancy by up to 14 people. Staying by a greater number of people will result in the termination of the rental agreement without reimbursement for the unused rental period.
11. Only guests registered by the Tenant are allowed to stay on the property; however, the presence of children and adolescents under 18 is allowed only under the supervision of adults. Non-tenant guests invited by the Tenant are required to leave the property by 10:00 p.m. The Tenant who invites such guests assumes responsibility for them, including compliance with the provisions of this Regulations.
12. The Tenant is allowed to park cars and other vehicles with a weight of up to 2.5 tons on the property. Parking on the property is free and unguarded. The Tenant and their guests park their vehicles on the property without entering into a separate agreement for storing these vehicles or any items or money left in them, nor any other similar agreement. The Lessor is not responsible for the loss, damage, or destruction of these vehicles or any property left inside.
13. The Lessor is not responsible for temporary inconveniences caused by independent service providers, resulting, for example, in temporary lack of utilities such as water, electricity, gas, or telecommunication services.
14. In the event that the Tenant significantly disturbs the peace and/or violates the rights of neighbors, as well as fails to comply with commonly accepted social norms, the Lessor reserves the right to terminate the Tenant's stay in the house without any reimbursement for the unused rental period.
15. In the event of a violation of the curfew in effect from 10:00 p.m. to 6:00 a.m., due to loud noise or other disturbances, and in case the Lessor, an authorized person, or another person forced to make a justified police call, the Lessor has the right to immediately terminate the rental agreement without any reimbursement for the unused rental period.
16. The Lessor does not accept the presence of pets in the house, except for one small dog (up to 5 kg) during the stay, provided it sleeps in its dog bed. The fee for the dog's stay is specified at the time of booking.
17. Access to the lake and water-related activities from the shore and the pier are at the sole responsibility of the Tenant. The beach area is unguarded. The Tenant is responsible for their own safety and the safety of minors during their stay.
18. The use of available water equipment (e.g., kayaks, SUP boards, boats, etc.) is at the sole responsibility of the Tenant. The Lessor does not verify the Tenant's skills and qualifications to use water equipment.
19. In case of damage or technical malfunction, the Tenant should inform the Lessor or the authorized person immediately after detecting it, by phone at: 605142829.
20. The Lessor has the right to terminate the rental agreement immediately, keeping the entire rental fee if there is a flagrant violation of this Regulations or damage caused by the Tenant.
21. The Tenant agrees to follow the internal regulations and instructions regarding 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 16:00 (arrival) and ends at 11:00 (departure).
2. In case the Tenant is unable to arrive at the pre-agreed time, they are obligated to notify the Landlord by phone about this fact.
3. Check-in and check-out take place at the house in the presence of the Landlord or an authorized person.
4. Upon arrival but before moving in, the Tenant is required to inspect the house, meaning to check the furniture, windows, sanitary facilities, and other equipment present in the house. If there is a need for repairs or visible defects in the house, the Tenant is obligated to inform the Landlord or an authorized person immediately, but before commencing use.
5. The absence of any remarks from the Tenant regarding damages within 3 hours of receiving the keys implies that the Tenant has no objections to the entire property.
IX. ADDITIONAL SERVICES
1. The use of the hot tub is possible for an additional fee of 350 PLN or 450 PLN with the option of a one-time water exchange within two days of use, or 650 PLN for 5 days of use. The use for a longer period will be priced after consultation with the Landlord. Water for guests is filled on the day of arrival, it is treated and does not contain pool chemicals. Guests are responsible for heating the water themselves. The hot tub is not accessible on the day of check-out. Use is only allowed after familiarizing oneself with the usage rules (available on the website balia.lustrowody.pl). By making a reservation, the Tenant takes the responsibility of informing all guests about the above hot tub usage rules.
X. PERSONAL DATA PROTECTION
1. The administrator of personal data is the company Anna Dobrzycka, contact: hello@lustrowody.pl ("Administrator").
2. Providing personal data is voluntary but necessary for the following purposes:
a. Execution of agreements concluded with the company and the obligations arising from them,
b. Provision of personalized marketing information, including participation in promotions and contests organized by the Administrator,
c. Ensuring comfort while using the house.
3. The legal basis for processing personal data is:
a. Consent of the data subject,
b. Necessity for the performance of agreements concluded with the Administrator and the performance of activities requested by the data subject before the conclusion of the agreement,
c. Legal obligation of the Administrator,
d. Legitimate interests pursued by the Administrator (e.g., house security, prevention of unlawful acts, provision of accommodation services) or by a third party (e.g., cleaning service).
4. Personal data will be stored for accounting purposes for a maximum of 5 years from the end of the calendar year in which the tax payment deadline related to the agreement concluded with the Administrator expires. In other respects, personal data will be stored for as long as the legal basis for their processing exists, unless applicable law requires a longer storage period, e.g., for use in proceedings related to the functioning of the house. At the end of the storage period, personal data will be deleted or anonymized.
5. Personal data may be disclosed to entities processing them on behalf of the Administrator for the fulfillment of 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 providing services to the Administrator, business partners, marketing agencies, and entities authorized to obtain data on the basis of applicable law, e.g., economic information bureaus, courts, or law enforcement authorities.
6. Personal data is not subject to automated processing, including profiling.
7. Individuals whose personal data is concerned have the rights to:
a. Access to personal data,
b. Rectification, erasure, or restriction of processing of personal data,
c. Object to the processing of personal data,
d. Withdraw consent to the processing of personal data for one or more specific purposes without affecting the lawfulness of processing based on consent before its withdrawal,
e. Data portability,
f. Lodge a complaint with the President of the Personal Data Protection Office.
8. In order to exercise the rights of the data subject, contact the Administrator (hello@lustrowody.pl).
XI. FINAL PROVISIONS
1. The person making the online reservation is responsible for the accuracy of the data provided in the Electronic Reservation Form. The Landlord is not responsible for the incorrect choice of dates or incorrectly entered data in the form. In case of any irregularities that cannot be corrected through reservation editing, please contact Customer Service promptly.
2. The Landlord is not liable for any injuries, damages, or property damage (damage to health and property of third parties) during the entire stay at the house.
3. The Tenant is financially responsible for any kind of damage or destruction of furnishings and technical equipment caused by them or their visitors. The Tenant agrees to be charged for the costs of repairing or removing any damage found after leaving the premises.
4. The Tenant is financially liable for any damages that occur in the house during their stay and agrees to be charged for the costs of repairing any defects and damages.
5. The Landlord is not responsible for damages incurred by the Tenant, including valuables left in the property or individuals staying with them during the rental period.
6. Polish law governs any disputes between the Tenant and the Landlord. Any disputes will be settled amicably, and in the absence of an agreement, the competent court will be the court with jurisdiction over the Landlord's registered office.
7. Contact details are available in the "Contact" tab at the top of the reservation calendar and in emails.
8. The agreement is governed by Polish law.
9. The Client declares that they have been informed of the content of Art. 38 item 12 of the Act of 30 May 2014 on consumer rights, according to which consumers do not have the right to withdraw from distance contracts concerning accommodation services other than for residential purposes.