Terms and Conditions for Reservation and Short-Term Rental of Year-Round Comfort Apartments

This regulation outlines the rights and obligations of the Service Recipient (“Tenant”) and the Service Provider – Sigma Artur Młodzik Construction and Building Services located at ul. Sakranusa 34, 32-600 Oswiecim, NIP: 5491660799, phone number +48 888 461 486, email: info@noclegioswiecim.eu (“Landlord”), regarding the reservation and short-term rental of year-round apartments offered by the Landlord, as well as the payment terms, complaints, and liabilities.

These terms and conditions constitute an integral part of the short-term apartment rental agreement entered into via the Landlord’s website

Dictionary of Terms

  1. Terms and Conditions: Developed by the Landlord and provided to the Tenant for familiarization before entering into the apartment rental agreement. Terms and Conditions for Reservation and Short-Term Rental of Year-Round Comfort Apartments.
  2. Apartments: Year-round brick apartments located at ul. Kościelecka 10D, 10E, 10F, 10G, 32-600 Oswiecim, designed for simultaneous occupancy of up to 7 people in each apartment.
  3. Apartment Surroundings: A fenced area of 1,000 m² where the apartments are located. The area includes designated parking spaces and recreational areas for children.
  4. Tenant: An individual or legal entity entering into a rental agreement for an apartment.
  5. Landlord: Service Provider Sigma Artur Młodzik Construction and Building Services, located at Sakranusa 34, 32-600 Oswiecim, NIP: 5491660799, phone: +48 888 461 486, email: info@noclegioswiecim.eu.
  6. Third Parties: Individuals other than the Tenant or individuals co-residing with the Tenant in the apartment.
  7. Rental Agreement: A written agreement between the Tenant and the Landlord, whereby the Landlord leases the apartment to the Tenant for a specified period, and the Tenant pays the agreed-upon price.
  8. Website: The website https://noclegioswiecim.eu/, owned by Sigma Artur Młodzik Construction and Building Services, featuring a reservation platform.
  9. Full Rental Price: The amount indicated during the reservation process, covering all fees resulting from the Rental Agreement.
  10. Force Majeure (Latin: Casus est maior vis cui humana infirmitas resistere non potest): An external, inevitable phenomenon independent of the Tenant and Landlord, especially a factual, legal, or administrative event that could not be foreseen or resisted, such as a natural disaster, terrorist attack, or war. Force majeure does not include events like illness, car accidents, revoked leave, lack of travel documents, family and personal matters, etc

§ 1 General Information

  1. The regulations define the terms and conditions for the reservation and short-term rental of apartments offered by the Landlord. It also outlines the rules for payments, complaints, and the responsibilities 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 latest version,
    c) has an active and properly configured email account.

§ 2 Subject of the Rental Agreement

  1. The subject of the Rental Agreement is the short-term lease of an apartment offered by the Landlord through the Website or intermediary portals facilitating agreements with the Landlord.
  2. The Landlord is obligated to provide the Tenant with an apartment in accordance with the description on the Website or intermediary portal facilitating agreements with the Landlord and within the specified reservation terms. The Tenant is obligated to pay the Full Rental Price determined during the reservation process.
  3. The Tenant’s reservation through the Website or intermediary portal facilitating agreements with the Landlord is equivalent to accepting these Regulations and entering into a short-term apartment rental agreement between the Tenant and the Landlord.
  4. The basis for renting the apartment is the Rental Agreement. The Rental Agreement specifies, in particular: the parties to the agreement, the rental price, the duration of the agreement, the number of individuals authorized to reside in the apartment under the agreement, and the rights and obligations of the parties.
  5. At the time of entering into the agreement, for the purpose of verifying the Tenant’s personal data, the Tenant is required to present a valid ID or another photo ID document to the Landlord, allowing for the determination of the Tenant’s identity.

§ 3 Reservation and Payment Rules

  1. During the reservation process, the Tenant independently selects an apartment offered by the Landlord through the Website or intermediary portals facilitating agreements with the Landlord. The Tenant then makes a reservation by completing the electronic reservation form on the Website or intermediary portals facilitating agreements with the Landlord, or by making a reservation over the phone at +48 888 461 486 or electronically by contacting info@noclegioswiecim.eu.
  2. The Tenant makes a reservation by specifying, under the offer on the Website or intermediary portal, the specific start and end dates of the stay. In the case of reservations made by phone or email, the reservation is considered effective upon receipt of confirmation from the Landlord sent to the Tenant’s email address.
  3. Confirmation of the reservation is made by delivering a message to the Tenant’s email address provided during the reservation, confirming the acceptance of the reservation, summarizing the reservation offer, specifying the Full Rental Price, obtaining consent to the provisions of the Regulations, and indicating the reservation date.
  4. From the day of receiving the confirmation message (§3 para. 3), the Tenant is obligated within 4 business days (but no later than the last business day preceding the start of the stay) to pay a deposit (reservation fee) through electronic transfer (Przelewy24.pl) to the account specified in §3 para. 9. The amount of the deposit (reservation fee) is 30% of the Full Rental Price.
  5. The Full Rental Price is collected from the Tenant in full and in accordance with the Rental Agreement on the first day of the stay in advance.
  6. If the Tenant paid a deposit (reservation fee) before entering into the Rental Agreement, on the first day of the stay, the Tenant is required to pay the difference between the Full Rental Price stipulated in the Rental Agreement and the amount of the deposit (reservation fee) already paid.
  7. Card and e-transfer transactions are processed through Przelewy24.pl.
  8. Failure to make the payment as mentioned in § 3 para. 4 gives the Landlord the right to terminate the Rental Agreement without the obligation to set an additional deadline for performance. The Landlord notifies the Tenant of the exercise of this right by the date of the start of the stay from the expiration of the deadline for paying the reservation fee.
  9. Payments of the Full Rental Price, reduced by the amount of the paid deposit (reservation fee) as mentioned in § 3 para. 4, are made by bank transfer to the Landlord’s bank account, identified by the number: 761050 1113 1000 0097 8166 5907, or in cash.
  10. If the Tenant made a transfer to the Landlord directly before the start of the stay, upon the Landlord’s request, the Tenant is required to provide proof of the transfer to the Landlord in any form and on any medium.
  11. The Landlord has the right to terminate the Rental Agreement without the obligation to set an additional deadline for performance if the payment, as mentioned in § 3 para. 9, is not made. The Landlord notifies the Tenant immediately after the deadline for making the payment of the Full Rental Price.
  12. Payment is considered made on the day the due funds are credited to the Landlord’s bank account or on the day cash is handed over to the Landlord or a person authorized by the Landlord.
  13. It is the Tenant’s responsibility to provide the personal data necessary for the reservation process as indicated in the reservation form on the Website or intermediary portals facilitating agreements with the Landlord, while simultaneously declaring their accuracy.

§ 4 Rules for Using Apartments

  1. Individuals staying in the apartments, as well as within the designated area, are obliged to adhere to these regulations, as well as the generally applicable legal provisions regarding safety, fire protection, principles of good neighborliness, and behavior that does not pose a threat to the safety of others.
  2. Smoking tobacco and other tobacco-related products is strictly prohibited in the apartments.
  3. A nighttime quiet period is enforced in the apartments and the designated area from 22:00 to 7:00.
  4. The Tenant or individuals co-residing with them are prohibited from organizing loud parties that may disturb the peace of other occupants in neighboring apartments.
  5. Third parties are required to leave the apartment and the designated area before the commencement of the nighttime quiet period.
  6. The introduction of animals, especially dogs and cats, into the apartments is not allowed.

§ 5

  1. The transfer of the apartment to the Tenant – through the issuance of keys – is carried out by the Landlord or a person acting on their behalf, after signing the Rental Agreement, on the day specified in the Rental Agreement as the commencement of the lease, not earlier than 16:00.
  2. On the day specified in the Rental Agreement as the end of the lease, the Tenant is obligated, no later than 11:00:
    a) to vacate the apartment of all movable items brought into the apartment by the Tenant and other individuals who, during the term of the Rental Agreement, jointly occupied the apartment with the Tenant.
    b) to return the keys to the apartment to the Landlord.
  3. Check-in before the hours specified in paragraph 1 of this section or vacating the apartment later than the hours specified in paragraph 2 of this section is possible after prior arrangement with the Landlord.

§ 6 Liability

  1. From the moment the Tenant takes possession of the apartment, they are liable for any damage caused by the Tenant or individuals co-residing with them in the apartment.
  2. The Tenant is obligated to use the apartment in accordance with its characteristics and purpose. The Tenant may not make any changes to the interior decoration.
  3. All devices and equipment within both the apartment and its surroundings must, on the day of the lease termination and the return of the keys by the Tenant to the Landlord, considering normal wear and tear resulting from their proper use, be in a condition no worse than when the Tenant took possession of the apartment.
  4. If the Tenant discovers any defects, malfunctions, damages, etc., in the leased property, especially in the equipment or installations constituting part of the apartment, the Tenant is obligated to promptly inform the Landlord of these issues.
  5. Before returning the keys to the Landlord, the Landlord, together with the Tenant, will conduct an inspection of the technical condition of the apartment.

§ 7 Cleanliness in Apartments and their Surroundings

  1. Smoking tobacco and tobacco-related products are strictly prohibited in the apartments.
  2. Individuals smoking tobacco in the vicinity of the apartment building are obligated to do so in a location and manner that is not inconvenient for other individuals occupying other apartments at that time, and additionally, they must clean up cigarette butts.
  3. The Tenant and individuals co-residing with the Tenant in the apartment are required to segregate waste generated during the lease by placing it in containers designated for the specific type of waste, located in a specially designated area around the apartments.
  4. In the case where minors are among the individuals co-residing with the Tenant in the apartment, the Tenant is responsible for ensuring that beds, sofas, mattresses on which minors will sleep are adequately protected against wetting or soiling (e.g., by using waterproof mats or bed linens).

§ 8 Safety

  1. In the vicinity of the apartments, there is a specially designated area for children’s play. Parents/legal guardians of minors are responsible for the safety and health of children using the playground.
  2. The use of all electrical/gas devices constituting the equipment of the apartment should be done following the safety rules appropriate for these devices.
  3. For fire safety reasons, the use of heaters, electric irons, kettles, stoves, and other similar devices not constituting the equipment of the apartment should only be done with due caution.
  4. The Tenant is obligated to ensure that whenever the apartment is left unattended during the term of the Rental Agreement, all windows and doors are closed in the customary manner, and electronic devices and equipment are turned off.

§ 9 Cancellation of Reservation

  1. The Lessor and the Tenant have the right to withdraw from the Rental Agreement within 7 days from the occurrence of Force Majeure. The Tenant is entitled to a refund of all amounts paid. Failure to make payments as specified in § 3(4) and 9 is considered a failure to fulfill an obligation within the meaning of the civil code.
  2. At any time before the agreed-upon stay period, the Tenant has the right to withdraw from the Rental Agreement. In the event of the Tenant’s resignation for reasons attributable to the Tenant, the Tenant is obliged to cover the costs of canceling the stay in an amount corresponding to the actual loss suffered by the Lessor as a result of the Tenant’s withdrawal from the stay, not exceeding 30% of the Full Rental Price (reservation fee).
  3. Changing the reservation date or the selected apartment in the reservation process is possible only by mutual agreement. In the absence of an agreement between the parties, the provisions of § 3(3) above apply.
  4. In the event that, due to reasons beyond the Lessor’s control, the Lessor is forced to change the essential conditions of the Rental Agreement before the start of the stay, especially change the reserved apartment or reservation date, the Tenant should promptly inform the Lessor whether:
    a) they accept the proposed change to the Rental Agreement, or
    b) they withdraw from the Rental Agreement, which involves an immediate return of all provided services to the Tenant.

§ 10 Complaint Submission and Handling Procedure

  1. In the event of services not conforming to the Rental Agreement, the Tenant should report any complaints to the Lessor or another person acting on their behalf in writing or electronically within a period not exceeding 30 days from the end of the stay.
  2. The Lessor reviews the complaint within 21 days of receiving it and informs the Tenant of the outcome in the same form: written or electronic.
  3. If the complaint is rejected, the Lessor is obliged to provide detailed reasons for the refusal in writing or electronically.

§ 11 Final Provisions

  1. Upon the expiration of the rental period specified in the Rental Agreement, the Tenant is obliged to return the keys to the Apartment to the Lessor or another person acting on their behalf.
  2. The Tenant has no right to transfer the vacated Apartment to other persons, even if the period specified in the Rental Agreement has not elapsed.
  3. The Tenant is not allowed to sublet or lend the Apartment to others.
  4. The rules for the protection of customers’ personal data on the noclegioswiecim.eu website are outlined in the Privacy Policy document, which can be found at: https://noclegioswiecim.eu/en/privacy-policy/.