Regulations

Terms and conditions of reservation and short-term rental of year-round Comfort Apartments

These regulations outline the rights and obligations of the Service Recipient (“Hirer”) and the Service Provider – Sigma Artur Młodzik Usługi Remontowo-Budowlane with its registered office at 34 Sakranusa Street, 32-600 Oświęcim, NIP: 5491660799, phone number +48 692 362 855, e-mail: info@noclegioswiecim.eu (“Lessor”), regarding reservations and short-term rentals of year-round apartments offered by the Lessor, as well as rules of payment, complaints and liability.

The Terms and Conditions are an inseparable component of the short-term apartment rental contract concluded by the Lessor’s Internet Service.

Glossary

1. Regulations– prepared by the Landlord and made available to the Tenant in order to get acquainted with its content before concluding a rental agreement Regulations for reservation and short-term rental of year-round apartments Comfort Apartments
2. Apartments – located at 10F, 10G Koscielecka St. 32-600 Oswiecim masonry year-round apartments, located in a separate area, designed for simultaneous residence in each apartment for a total of no more than 7 people.
3. Surroundings of the apartment – Separated by a fence area of 1,000 m²,on which the apartments are located and separated – intended for parking (parking lot) and recreational purposes for children
4. Tenant – an individual or legal entity that is a party to an apartment lease agreement.
5. Landlord – Service Provider Sigma Artur Młodzik Usługi Remontowo-Budowlanez siedzibą Sakranusa 34, 32-600 Oświęcim, NIP: 5491660799, tel. no. +48 692 362 855, e-mail: info@noclegioswiecim.eu
6. Third parties – Individuals other than the tenant or persons cohabiting the apartment with the tenant.
7. Lease contract – a contract concluded in writing by the tenant and the landlord, according to which the landlord gives the tenant an apartment for use for a definite period of time, and the landlord pays the tenant the agreed price on this account.
8. Internet Service – is the website https://noclegioswiecim.eu/ owned by Sigma Artur Młodzik Usługi Remontowo-Budowlane and the booking platform posted therein.
9. Full Rental Price– is the amount indicated during the reservation process, including all charges under the rental agreement.
10. Force Majeure (Latin: Casus est maior vis cui humana infirmitas resistere non potest) – is an external phenomenon beyond the control of the Tenant and Landlord, inevitable, which could not have been foreseen or resisted, especially a phenomenon of a factual, legal or administrative nature, which, despite all efforts and expenditures, could not have been foreseen, such as a natural disaster, terrorist attack, war. Force majeure cannot be understood through: illness car accident, revoked vacation, lack of documents authorizing border crossing, family and personal matters, etc.

§ 1 General information

1. The Regulations specify the terms of reservation and short-term rental of apartments offered by the Lessor, as well as the rules of payment, complaints and liability of the parties to the Agreement.
2. Proper use of the Website requires computer equipment that meets the following technical requirements:
   a) has access to the Internet,
   b) has an installed web browser (Internet Explorer, Chrome, Safari, Firefox, Opera, Android, Safari iOS, Windows Phone, Blackberry) in the current version,
   c) has an active and properly configured e-mail account.

§ 2 Subject matter of the lease agreement

1. The subject of the Rental Agreement is the short-term rental of the Apartment offered by the Lessor through the Internet Service or portals intermediating in concluding agreements with the Lessor.
2. The Landlord is obliged to make available to the Tenant the Apartment in accordance with the description contained in the Internet Service or the portal intermediating the conclusion of agreements with the Landlord and within the dates specified in the reservation, and the Tenant is obliged to pay the Full Rental Price specified in the reservation process.
3. Making a reservation by the Lessee via the Internet Service or portal intermediating in concluding agreements with the Lessor is tantamount to the acceptance of these Regulations and the conclusion of the Rental Agreement for short-term rental of the Apartment between the Lessee and the Lessor.
4. The basis for the rental of the Apartment is the Rental Agreement.
5. The rental agreement specifies, in particular: the parties to the agreement, the rental price, the duration of the agreement, the number of persons entitled to live in the apartment under the agreement and the rights and obligations of the parties.
6. At the time of concluding the contract, in order to verify personal data, the Lessee is obliged to present to the Lessor for inspection a valid identity card or other document with a photograph, on the basis of which it will be possible to determine the identity of the Lessee.

§ 3 Booking and payment rules

1. During the reservation, the Lessee independently selects an apartment offered by the Lessor through the Internet Service or portals intermediating in concluding agreements with the Lessor, and then performs the reservation of the apartment by completing an electronic reservation form placed on the Internet Service or portals intermediating in concluding agreements with the Lessor, or performs reservation by phone at +48 692 362 855 or electronically by contacting via e-mail info@noclegioswiecim.eu
2. The Renter makes a reservation by indicating under the offer contained in the Internet Service or intermediary portal the specific date of the beginning of the stay and the specific date of the end of the stay. In the case of making a reservation by phone or e-mail, the reservation is considered effective upon receipt of a reservation confirmation from the Lessor to the Lessee’s e-mail address.
3. Confirmation of the reservation is made by delivering, to the email address of the Renter indicated during the reservation, a message with information on confirmation of acceptance of the reservation, summary of the reservation offer, establishment of the Full Rental Price, consent to the provisions of the Regulations and the date of the reservation.
4. The Lessee is obligated – from the date of delivery of the message confirming the reservation (§3 item 3) – within 4 working days (but no later than the last working day preceding the beginning of the stay) to pay the deposit (reservation fee) via e-transfer (Przelewy24.pl) to the account mentioned in § 3 item 3. 9. The amount of the deposit (reservation fee) is 30% of the Full Rental Price.
5. The full Rental Price is charged to the Tenant in full and according to the Rental Agreement on the first day of stay in advance.
6. If the Renter – prior to the conclusion of the Rental Agreement – has paid a deposit (reservation fee) – on the first day of his/her stay he/she is obliged to pay the amount constituting the difference between the Full Rental Price resulting from the Rental Agreement and the amount of the deposit (reservation fee) paid by him/her.
7. Settlement of card and e-transfer transactions is carried out through Przelewy24.pl
8. Failure to make the payment referred to in § 3 4 creates on the part of the Lessor the right to withdraw from the Rental Agreement, without the obligation to allocate an additional period for performance. The Lessor shall notify the Lessee of the exercise of this right by the date of commencement of the stay from the expiration of the deadline for payment of the reservation fee.
9. Payment of the Full Rental Price less the amount of the down payment (reservation fee) referred to in Paragraph 3(4) shall be made by wire transfer to the Lessor’s bank account identified with the number: 761050 1113 1000 0097 8166 5907 or in cash.
10. In the event that the Lessee has made a transfer to the Lessor immediately prior to the commencement of the stay, the Lessee shall, upon request of the Lessor, be obliged to show in any form and in any medium confirmation of the transfer to the Lessor.
11. Failure to make the payment referred to in § 3.9 creates on the part of the Lessor the right to withdraw from the Rental Agreement, without the obligation to set an additional deadline for performance. The Lessor shall notify the Lessee of the exercise of this right immediately after the expiration of the deadline for payment of the Full Rental Price.
12. The payment shall be deemed to have been made on the day the due funds are credited to the Lessor’s bank account or on the day the cash is transferred to the Lessor or a person authorized by the Lessor.
13. It is the responsibility of the Renter to provide the personal data necessary for the reservation process indicated in the reservation form posted on the Website or portals intermediating in concluding agreements with the Renter, while declaring their accuracy.

§ 4 Rules of using the Apartments

1. Persons residing in the Apartments, as well as in the separated area, are obliged to comply with these Rules and Regulations, and, moreover, generally applicable laws on safety, fire protection, rules of good neighborliness and behavior in a manner that does not endanger the safety of others.
2. Smoking and other tobacco-like products is strictly prohibited in the Apartments. For violation of the ban, the guest will be charged an additional fee of 1000PLN.
3. Bringing animals – especially dogs and cats to the Apartments is not allowed. For violation of the prohibition, the guest will be charged an additional fee of 1000PLN.
4. On the premises of Comfort Apartments as well as in the Apartments there is a total ban on possession and consumption of intoxicants prohibited by law. In the event that this prohibition is found to be violated, this fact will be reported to the Police and the Guest will have to leave Comfort Apartments immediately without the right to a refund resulting from the shortened stay.
5. Dangerous items, i.e. weapons, ammunition, flammable materials, illuminating materials, etc., cannot be stored in the Apartments.
6. In the Suites and in the separate area – from 10 pm to 7 am – there is a curfew.
7. The organization of loud parties by the Tenant or persons jointly residing in the Apartment that may disturb the peace of persons accommodated in other Apartments is prohibited.
8. Comfort Apartments reserves the right to charge the Guest’s payment card for damages found after the Guest’s departure, and in case of missing card data, has the right to apply to the Guest for financial compensation.
9. Third parties are obliged to leave the Apartment and the segregated area before the beginning of curfew.
10. Bringing animals – especially dogs and cats into the Apartments is not allowed.

§ 5

1. Giving possession of the Apartment to the Tenant – by issuing keys – shall be done by the Landlord or a person acting on his behalf, after signing the Rental Agreement, on the day indicated in the Rental Agreement as the rental commencement date, not earlier than 4:00 pm.
2. On the day indicated in the Rental Agreement as the day of termination of the Rental, the Lessee – no later than 11:00 a.m. – is obliged to:
   a) empty the Apartment of all movable belongings brought to the Apartment by the Lessee and other persons who have jointly occupied the Apartment for the duration of the Parties’ relationship to the Rental Agreement.
   b) return the keys to the Apartment to the Lessor.
3. Accommodation at an earlier time than indicated in paragraph 1 of this paragraph or vacating the Apartment at a later time than indicated in paragraph 2 of this paragraph is possible by prior arrangement with the Landlord.

§ 6 Liability

1. From the moment the Tenant is given possession of the Apartment, the Tenant shall be liable for any damage caused by the Tenant or persons cohabiting the Apartment.
2. The Tenant is obliged to use the Apartment in accordance with its properties and intended use. The Tenant may not make any changes to the interior design.
3. All fixtures and fittings of both the Apartment and their surroundings shall be – on the date of termination of the lease and return of the keys by the Tenant to the Landlord, taking into account the wear and tear of things resulting from their proper use – in a condition not deteriorated in relation to the state in which they were at the time of handing over the Apartment to the Tenant for use.
4. In the event that the Tenant discovers any defects, faults, damage, etc. in the subject of the lease, especially in the equipment or installations constituting the equipment of the Apartment, the Tenant is obliged to immediately notify the Landlord of this fact.
5. Before returning the keys to the Lessor, the Lessor will inspect the technical condition of the Apartment together with the Lessee.

§ 7 Maintaining cleanliness in Apartments and in their surroundings

1. Persons smoking tobacco in the surroundings of the Apartment building are obliged to do so in a place and in a manner that does not inconvenience other persons who occupy another Apartment at that time, and moreover to clean up the cigarette butts.
2. The Tenant and persons jointly residing in the Apartment with the Tenant are obliged to segregate waste generated during the lease by placing it in containers appropriate for the type of waste, which are placed in a specially designated area in the vicinity of the Apartments.
3. If there are minors among the persons cohabiting the Apartment with the Tenant, it is the responsibility of the Tenant to ensure that the beds, sofas, mattresses on which the minors will sleep are properly protected from getting wet or dirty (e.g., by spreading waterproof mats, sheets on them).

§ 8 Security

1. In the surroundings of the Apartments there is a specially designated area for children’s play. Responsibility for the safety and health of children using the playground is borne by the parents/legal guardians of minors.
2. The use of any electrical / gas equipment that is an equipment of the Apartment shall be done with observance of the safety rules appropriate for such equipment.
3. For reasons of fire safety, the use of heaters, electric irons, kettles, stoves and other similar devices that are not part of the equipment of the apartment can be done only with due caution.
4. It is the Tenant’s responsibility to ensure that whenever – during the course of the parties’ relationship to the Rental Agreement – the Apartment is vacated and left without anyone inside, all windows and doors are closed in the customary manner and the device and electronic equipment are turned off.

§ 9 Reservation cancellation

1. The Lessor and the Lessee shall have the right to withdraw from the Rental Agreement within 7 days from the date of Force Majeure. The Tenant shall be entitled to a refund of all amounts paid.
2. Lack of payments referred to in § 3 (4) and (9) shall be construed as a default within the meaning of the Civil Code.
3. At any time, before the agreed date of stay, the Renter has the right to cancel the Rental Agreement. In the event of cancellation of the Renter for reasons attributable to the Renter, the Renter shall be obliged to cover the cancellation costs in an appropriate amount representing the actual loss of the Lessor resulting from the Renter’s cancellation of the stay, with a maximum of 30% of the Full Rental Price (reservation fee).
4. Changing the booking date or changing the Apartment selected in the booking process is possible only by mutual agreement of the parties. If there is no agreement of the parties, paragraph 3 above shall apply.
5. In the event of a situation in which the Lessor, for reasons beyond his control, is forced to change the material terms of the Rental Agreement before the commencement of the stay, in particular to change the reserved Apartment or the date of the reservation, he shall immediately notify the Lessee, who should immediately inform the Lessor whether:
   a) he accepts the proposed change to the Rental Agreement, or
   b) he withdraws from the Rental Agreement, which involves the immediate return to the Lessee of all payments made.
6. In the event of a situation in which the Lessor, for reasons beyond his control, is forced to change the material terms of the Rental Agreement during the stay, in particular to change the reserved Apartment, he shall immediately notify the Lessee, who should immediately inform the Lessor whether:
   a) he accepts the proposed change to the Rental Agreement, or
   b) he withdraws from the Rental Agreement with effect from the date of withdrawal, which involves the immediate return to the Lessee of the unused benefits.

§ 10 Procedure for filing and handling complaints

1. In the event of any non-compliance with the Rental Agreement for the provision of services, the Lessee should report any complaints to the Lessor or any other person acting on his behalf in writing or electronically within no more than 30 days from the date of completion of the stay.
2. The landlord shall consider the complaint within 21 days of its receipt, of which he shall inform the tenant in the same form: in writing or electronically.
3. In the event of refusal to accept a complaint, the lessor is obliged to justify in detail in writing or electronically the reasons for the refusal.

§ 11 Final provisions

1. For violation of any of the points of the regulations, the guest will be charged an additional fee of 1000PLN.
2. In the event of expiration of the time period for which the Rental Agreement was concluded, the Tenant is obliged to return the keys to the Apartment to the Landlord or other person acting on his behalf.
3. The Tenant does not have the right to transfer the Apartment he/she is releasing to other persons, even if the term for which the Rental Agreement was concluded by the Parties has not expired.
4. The Tenant may not lend or sublet the Apartment to others.
5. The rules of protection of personal data of the customers of noclegioswiecim.eu Internet Service are contained in the document Privacy Policy, which can be read at: https://noclegioswiecim.eu/privacy-policy/.