Regulations

Regulations for reservation and short-term rental of flats ZAKOZANMI S.C.

Definitions

• Landlord - ZAKOZNAMI S.C. Anna Cina-Ciskowska, Anna Ziarko with registered office in Zakopane, ul. Droga na Antałówkę 11/3, 34-500 Zakopane, NIP: 7361736192, running the website www.zakoznami.pl, making reservations and providing the service or acting as intermediary in making reservations and providing the service.
• Tenant - the client or clients of the Landlord entering into a contract with the Landlord for the temporary use of the dwelling (holiday or tourist rental contracts for the Facility).
• Accompanying persons - all persons using the rented premises with the Tenant, duly notified to the Landlord.
• Object - premises (flat or room) made available for short-term rental by the Landlord reserved for tourist or accommodation purposes,
• Rental of the Facility - short-term rental agreement concluded between the Lessor and the Lessee under the terms and conditions of these Regulations, to which the Act of 21 June 2001 on the protection of the rights of tenants and municipal housing resources does not apply. A contract is concluded upon confirmation by the Lessor of the booking.
• Costs of stay - the payment made by the Hirer for renting the Facility to a specific number of people, for a specific period of time, calculated irrespective of the type of equipment / facilities, Wi-Fi / Internet access / TV package.
• Booking - entitlement to use the flat under the terms and conditions set out in the final booking confirmation and these terms and conditions.
• Final Confirmation of Booking - reservation fee acceptance form.
• Booking Fee - A charge of 30% of the price of the service, which is the premise for the provision of the service.
• Booking Form - electronic document, constituting the only form of reservation or cancellation of flat rentals through Zakozanmi s.c.
• Consumer - a natural person who makes a legal transaction with a trader which is not directly connected to that trader's commercial or professional activity
• Distance contract - a transaction where both parties are not present at the same time and where one of the parties is a "Consumer"
• Off-premises contract - a transaction not carried out in a place designed to serve customers and appropriately marked, in accordance with business regulations, and the customer must be a "Consumer", in accordance with the Consumer Rights Act of 30 May 2014 [ OJ 2014, item 827, as amended].
• Regulations - a list of procedures enabling the Facilities to be made available for a fee paid by the Hirer. Failure to accept the Rules and Regulations on the part of the Hirer shall mean that the Lessor shall refuse to provide the Services.

§ 1 General provisions

1. These terms and conditions set out the terms and conditions for the reservation and short-term rental of the Facilities provided on the website. www.zakoznami.pl as well as on booking portals and in telephone or e-mail sales. Making a reservation is tantamount to knowing and accepting the provisions of these Regulations. Making a reservation simultaneously constitutes the conclusion of the Facility Rental Agreement between ZAKOZANAMI S.C. and the Hirer, under the conditions specified in these Regulations.
2. These terms and conditions for the use of the Facilities are an integral part of the Facility Lease Agreement, concluded between the Hirer and ZAKOZNAMI S.C.

§ 2 Booking

1. Tenants can book Apartments as follows:

• Through the online booking system, which is located on the website www.zakoznami.pl . The booking is given the status of a guaranteed booking upon payment of a deposit at the selected price rate of min. 30% immediately after the booking is made. Failure to pay the deposit within 24 hours means cancellation of the booking.
• By sending an e-mail to kontakt@zakozanmi.pl sending an enquiry via the contact form or by telephone. After contacting ZAKOZANMI s.c. prepares an offer with the cost of the stay and bank details to which a 30% advance payment should be made. In order for the reservation to receive a guaranteed status, the advance payment must be made within 24 hours. Failure to make the payment within the specified period means cancellation of the reservation.
• Through booking portals including booking.com, Airbnb, Expedia. Failure to collect a deposit means cancellation of the booking.

2. An advance payment made after the indicated date reinstates the booking, provided that ZAKOZANMI s.c. has a flat available.
3. Payment for additional services not included in the booking is made at the time of ordering the additional services, payment can be made in cash or by payment card.
4. The costs of bank transfers shall be borne entirely by the hirer.
5. The payment of the total stay charge and crediting of the ZAKOZNAMI s.c. account must take place in any case before the rented flat is placed at the disposal of the hirer.
6. Please read the Terms and Conditions before making a Booking. Booking implies acceptance of the conditions contained in the Regulations. If the Lessee does not agree with the provisions of the Regulations, he/she should immediately withdraw from making the Booking.
7. The booking is for a specific flat with an individual name. You should familiarise yourself with its location, equipment and the number of available beds and their arrangement.
8. At the time of booking, the Rental Agreement is deemed to have been concluded.
9. Settlement of credit card and bank transfer transactions is carried out via PayU.
10. An offer made by phone, sent by e-mail or posted on the website www.zakoznami.pl is for information purposes only and does not constitute an offer within the meaning of Article 66(1) of the Civil Code.

§3 Reservation changes and cancellation policy

1. Shortening of the stay and any other changes to the booking should be made at least 14 days before the scheduled arrival.
2. The hirer informs ZAKOZNAMI s.c. by telephone or e-mail of the extent of the changes they wish to make. ZAKOZNAMI s.c. reserves the right to refuse to make changes to the booking if this is not possible for objective reasons.
3. In case of cancellation more than 30 days before arrival at the flat, no fee is charged.
4. Once this time limit has been exceeded, ZAKOZNAMI S.C. is entitled to charge the customer the following fees:

• 50 % booking fee (minimum 200 pln) if cancellation occurs between 15 and 30 days before arrival at the flat.
• 100 % booking fee if cancellation is made up to 14 days before arrival at the flat.

5. The hirer may request ZAKOZNAMI s.c. to retain the entire booking fee for a new booking, which will be made for a stay in the same flat, no later than six months from the date of written cancellation, under pain of forfeiting the entire booking fee to ZAKOZNAMI S.C. (does not apply to cancelled New Year's Eve and New Year's Eve stays).
6. In the event of cancellation, the amount due to the hirer shall be refunded to the bank account indicated in writing by the hirer.
7. If a booking is cancelled less than 14 days before arrival, the hirer is not entitled to a refund of the deposit.

§ 4 Changes or cancellation of bookings by ZAKOZNAMI

1. A change of booking by ZAKOZNAMI s.c., is only possible in the case of force majeure which prevents the rental of the flat by ZAKOZNAMI s.c.. Force majeure is understood as: natural calamity, occupation of the flat by a state authority, strikes, wars, riots and deprivation of the flat by the supplier: electricity, gas, heating energy or water. In such a case, ZAKOZNAMI will offer the Tenant to stay at a different time or to withdraw from the Rental Agreement and refund the down payment.
2. ZAKOZNAMI s.c. reserves the possibility, in the case of failure or fortuitous events at the Facility, to provide a replacement Facility with similar parameters to the reserved Facility. In the case of disagreement on the replacement Facility, the contract is terminated and ZAKOZNAMI s.c., is obliged to reimburse the Hirer the advance payment made.

§5 Payment

1. The hirer can make payment for the booking in one of the following ways:

• Payment for the stay can be made through the secure online payment system PayU, with which ZAKOZNAMI has a relevant agreement. Settlement of credit card and e-transfer transactions is carried out through the PAYU settlement centre.
• By direct transfer to ZAKOZANMI S.C.'s bank account.

§ 6 Prices

1. All prices offered by ZAKOZNAMI s.c. are expressed in PLN and include the currently applicable VAT.
2. Prices for a stay in ZAKOZANMI flats, depending on the season, range from PLN 200 per night of stay to PLN 1,200. per night.
3. The calculation of the amount due for the services booked shall be in accordance with the Price List in force on the date of booking.
4. The fee paid by the Lessee does not include: tourist tax, ordered additional services such as: airport transfer, additional change of bed linen and towels, baby cot, stay for a pet, cleaning on request + additional services available at www.zakoznami.pl.
5. Utilities (water, gas, electricity, heating) are included in the cost of your stay.
6. At the request of the hirer, ZAKOZNAMI s.c. can issue an invoice, provided that the hirer provides the invoice data at the time of booking. In the event that the invoice details are not provided at the time of booking, ZAKOZNAMI s.c. reserves the right to refuse to issue an invoice.

§ 7 Renter's residence rules

1. The hirer is obliged to notify ZAKOZANMI s.c. of the time of their arrival no later than 1 day before the arrival date. Notification can be made by telephone or email.
2. The keys are collected at the place and time indicated in the booking confirmation. Arrival should be at the times confirmed in advance by telephone.
3. Check-in starts from 16:00 on the day of arrival and ends at 11:00 on the day of departure, unless otherwise agreed.
4. Check-in should take place by 10.00 p.m. and check-out from 7.00 a.m. Check-in and check-out at times other than those specified is only possible by prior arrangement and involves an additional charge of PLN 50 , payable on site.
5. The hirer is obliged to strictly adhere to the agreed check-out time. Any delay in check-out caused by the Tenant or accompanying persons will result in a charge being made for the next full day's rent.
6. The method of returning the keys is agreed with a ZAKOZNAMI s.c. employee at the time of check-in.
7. Upon collection of the keys to the flat, the Tenant fills in a check-in card, which constitutes Attachment No. 1 to these Regulations, and presents an identity card and pays a refundable deposit. The deposit is collected in the form of a pre-authorisation of a payment card or in cash. The blocking period on the account is usually up to 7 working days.
8. The deposit may be retained in the event of: damage caused during a stay at ZAKOZANMI S.C. flats.
9. The hirer is obliged to leave the property in a condition that is not deteriorated from that in which it was received.
10. The Hirer undertakes to use the Property for its intended purpose, not to remove from the Property any of its furnishings and decorations, and undertakes not to copy the keys to the Property given to him for the duration of his stay.
11. The Hirer shall be materially liable for any damage or destruction of furnishings and technical equipment caused by him or his visitors. In this case, ZAKOZNAMI S.C. reserves the right to charge the hirer with an amount equivalent to the loss suffered and to debit the hirer's credit card for the damage caused after his departure, or to deduct the equivalent of the loss suffered from the deposit collected.
12. The Hirer is obliged to secure the Property at all times when leaving it by locking the windows and entrance doors and taking careful care of the key.
13. The Tenant shall receive 1 set of keys to the Property. In the event of losing a set of keys, the Tenant shall be charged PLN 250, and in the event of losing the remote control to the property/garage, PLN 300.
14. The Tenant is obliged to observe the curfew, health and safety and fire safety rules of the Property. Between 22:00 and 07:00, any behaviour that disturbs the rest of the residents is prohibited. In the event of a justified complaint from other residents of the building or from the security services, ZAKOZANMI has the right to terminate the contract with immediate effect (to evict the Tenant) without being obliged to refund the remaining booking period.
15. It is forbidden to smoke candles, incense, light a fireplace, garden barbecue or bring in animals in the Property, except for those notified by the Lessee, for which an additional fee of PLN 100 has been paid. The Lessee who violates the above prohibition in the Facility will be charged a fee of PLN 500 each time.
16. In the event of a gross or hooligan breach of the rules set out in these regulations, aggressive behaviour on the part of the hirer, disturbance of order or curfew, use of intoxicants or being under the influence of alcohol, ZAKOZNAMI s.c. has the right to withdraw from the contract with immediate effect and remove the hirer, together with any persons accompanying him/her, assisted by the police, with retention of the right to charge the hirer for the entire booked stay.
17. It is forbidden to sublet the Facility or to transfer it to third parties. Breach of the prohibition shall result in immediate termination of the contract with the Lessor retaining the right to receive payment for the entire booked stay by the Lessee.
18. ZAKOZNAMI S.C. is not legally responsible for claims in the event of accidents, injuries or death of the Hirer or accompanying persons on the premises during the period of the Hirer's stay. ZAKOZNAMI S.C. is fully released from such liability.
19. ZAKOZNAMI S. C. is not responsible for any items left in the Facility and common areas of the Facilities.
20. During the stay, the number of persons staying in the facility must not exceed the number of persons indicated in the booking. In the event of violation of this point, ZAKOZNAMI s.c. has the right to terminate the contract with immediate effect without any obligation of reimbursement of the remaining period of reservation or to impose a penalty of PLN 200 - person/night.
21. ZAKOZANMI S.C. is not responsible for any inconvenience caused during the Tenant's stay in connection with: construction or finishing work which may be carried out on the premises of the building in which the Facility is located and around it, interruption, for reasons beyond the control of ZAKOZANMI S.C., of media supplies (including electricity, water, central heating, noise emissions from neighbouring properties). the supply of utilities (e.g. electricity, water, central heating), noise emissions from neighbouring properties.
22. Smoking is strictly forbidden in the Property - in the event of a breach, the Tenant shall be charged PLN 500 for each individual breach.
23. Extension of your stay must be requested no later than 2 p.m. on the day preceding the expiry date of your reservation. Extension of the stay will only take place if there are free Facilities available.
24. In the case of unjustified call-outs to ZAKOZNAMI S.C. employees, an additional charge of PLN 150 per hour + travel costs will be charged.

§8 Renter's liability

1. The Hirer shall be liable for all damage to the rented Property caused by the Hirer or accompanying persons and animals.
2. The hirer is obliged to inform ZAKOZANMI S.C. immediately if damage has been caused or if the damage has been repaired.
3. If the hirer refuses to accept financial responsibility for the damage, ZAKOZNAMI S.C. draws up a damage report in the presence of a witness and takes action to rectify the damage, including legal action.
4. In the event that the Tenant evades paying penalties resulting from a breach of the provisions listed in these Regulations, ZAKOZANMI S.C., in the presence of a witness, draws up a damage report and takes action to enforce the relevant dues.

§9 Complaints, liability of Zakoznami

1. ZAKOZNAMI, shall be liable for loss of or damage to items brought into the Suite by the Guest under the terms and conditions of a hotel or similar establishment, in accordance with Article 846 of the Civil Code, unless the damage resulted from the properties of the item brought in or from force majeure or was caused solely by the fault of the injured party or a person who accompanied, employed or visited him.
2. Tenants have the right to lodge complaints in the event of shortcomings relating to the performance of the Rental Agreement, within a maximum of 14 days of the end of their stay.
3. Complaints can be reported by the hirer to the following e-mail address: kontakt@zakoznami.pl.
4. The complaint will be considered within 14 days of receipt. The hirer will be informed of the decision by email.

§10 Final provisions

The law applicable to disputes between the Lessor and the Lessee shall be the Polish law. The provisions of the Civil Code Act of 23 April 1964 [Journal of Laws 1964 No. 16 Item 93 as amended] shall apply to matters not regulated herein.

§ 11 Processing of personal data

1. The administrator of the tenant's personal data is the landlord.
2. The provision of personal data is voluntary, but the provision of such data is a condition for the conclusion of a rental agreement.
3. Personal data will be processed for the following purposes:

• The conclusion and execution of the Rental Agreement on the terms and conditions described herein
• Exercise of legal rights and obligations
• Possible redress or defence against potential claims

4. Personal data will be processed on the basis of:

• The consent you give (Art.6(1)(a) RODO),
• In connection with the execution of the Rental Agreement or to take action at your request prior to the conclusion of the Rental Agreement,
• The circumstance that the processing is necessary for the fulfilment of a legal obligation incumbent on the controller (Art.6(1)(b) RODO),
• Resulting from the legitimate interests of the purposes pursued by the controller (Art.6(1)(f) RODO), i.e. for the purposes of defending against possible claims on the basis of the controller's legitimate interest, where the controller's legitimate interest is to defend the controller against third-party claims.

5. Your personal data will be processed on behalf of the controller by authorised employees of the controller. Your personal data may also be transferred to our suppliers to whom we outsource personal data processing services, among others, IT service providers, legal service providers. Such entities will process your data on the basis of a relevant agreement with the controller and only in accordance with the controller's instructions.
6. Your personal data will not be transferred outside the European Economic Area or to any international organisation
7. I will keep your personal data for a period of 5 years from the date of termination of the contract.
8. You have the right to:

• Access to your personal data
• Data corrections
• Deletions of data
• Restrictions on data processing
• Objection to further data processing
• Data transfer
• Revoke your consent to data processing at any time, without affecting the lawfulness of the processing
• Lodge a complaint with the President of the Data Protection Authority regarding a breach of the right to data protection or other rights granted under the RODO.