Statute
Regulations for booking accommodation services electronically
- GENERAL PROVISIONS
- The Regulations define the terms and conditions for making reservations as part of the service provided by the Service Provider to the Guest.
- The Regulations are available on the website of the Facility. At the Guest’s request, the Service Provider will send the Guest a copy of the Regulations free of charge to the email address provided by him/her.
- DEFINITIONS
- The following terms used in the Regulations shall have the following meanings:
- Apartment – a room in the Facility presented on the Website, intended by the Service Provider for short-term rental;
- Guest – means a natural person who is over 18 years of age and has full legal capacity, a legal person or an organizational unit without legal personality to which the law grants legal capacity, who uses the Service;
- Facility – the “Park Apartamenty” facility located in Chrzanów (32-500), ul. Oświęcimska 9a;
- Regulations – means these Regulations;
- Agreement – means an agreement for the provision of the Apartment reservation service concluded electronically, the subject of which is the provision of the Service indicated in these Regulations;
- Service – means the service provided electronically by the Service Provider to the Guest, consisting in making a reservation of a selected Apartment and making a payment for the reservation made via the Website;
- Service Provider – ILVEST Sp. z o.o.
ul. Rudno 130, 33-131 Ilkowice NIP: 6282070143. REGON: 356807126, chrzanow@parkapartamenty.pl,
Contact phone number: 602 417 001 - Regulations – these regulations for the provision of services by electronic means;
- Website – the website of the Facility https://parkapartamenty.pl/, through which the Service is provided;
- Terms and Conditions – the “Terms and Conditions of Short-Term Apartment Rental” document available on the Website.
- The following terms used in the Regulations shall have the following meanings:
- TYPE AND SCOPE OF SERVICE
- The Service Provider provides the Service electronically.
- The condition for the provision of the Service is:
- reading the Regulations and accepting their provisions by checking the appropriate boxes in the reservation form available on the Website;
- reading the Terms and Conditions and accepting the provisions of this document by checking the appropriate boxes in the reservation form available on the Website;
- submitting a declaration of the choice of payment method for the Service and the possible selection of a VAT invoice by checking the appropriate boxes in the reservation form on the Website.
- To use the Service, you must have an Internet connection, an e-mail account and use a web browser.
- The Service Provider informs that using the Website via a web browser, including making a reservation, may be associated with the need to incur costs of connecting to the Internet (data transfer fee), in accordance with the tariff package of the service provider used by the Guest.
- RESERVATION
- Reservation of the Apartment by the Guest includes the following steps:
- selection of the Apartment based on information on the Website, based on availability, size of the Apartment and its price;
- selection of the booking offer: “non-refundable offer” (without the possibility of change or cancellation) or “flexible offer” (with the possibility of change or cancellation) and the date of accommodation (arrival and departure dates);
- the Guest enters the required data and information via the booking form available on the Website in the “book” tab, including all required data and information – primarily name and surname, e-mail address, and telephone number;
- confirmation by the Guest that they have read and accepted the Regulations and Conditions. Failure by the Guest to confirm that they have read and accepted the Regulations and Conditions will prevent the booking process from continuing;
- clicking the “I am booking with an obligation to pay” button“;
- making a payment using the available payment methods indicated on the Website;
- The Guest will automatically receive a message to the email address provided in the reservation form with a confirmation of the reservation and the reservation conditions, as well as an access code to the Apartment and the parking lot belonging to the Facility. At the moment of sending the confirmation, the Reservation Agreement is considered to have been concluded..
- A Guest who has chosen the “flexible offer” may cancel or change the reservation without incurring any costs no later than on the day of planned arrival. To cancel or change, the Guest should send an e-mail with information about the cancellation or proposed change of the reservation date to the following e-mail address: chrzanow@parkapartamenty.pl. Changing the reservation on the date preferred by the Guest will be possible if the Apartment is available on that date.
- The Guest who chose the “non-refundable offer”, together with the bank account number to which the refund should be made, may cancel or change the reservation only with the consent of the Service Provider. In order to obtain consent, the Guest should send an e-mail about the cancellation or proposed change of the reservation date, together with the bank account number to which the refund may be made (if the Service Provider agrees to this) to the e-mail address: chrzanow@parkapartamenty.pl. Changing the reservation on the date preferred by the Guest will be possible if the Apartment is available on that date.
- The refund of the payment made for the Apartment reservation will be made to the Guest’s bank account number indicated in the e-mail referred to in paragraphs 2 and 3.
- The prices quoted on the Website are gross prices and cover only the Services indicated as its components..
- The Service Provider provides payment integration with selected external entities, i.e. dotPAY. The Service Provider is not responsible for their incorrect operation, does not mediate in transactions and is not a party to the agreement between the Guest and these entities.
- The Guest has no right to withdraw from the Agreement in accordance with Article 38, point 12 of the Consumer Rights Act.
- Reservation of the Apartment by the Guest includes the following steps:
- SERVICE PROVIDER OBLIGATIONS
- The Service Provider is obliged to provide the Service in accordance with the Regulations.
- The Service Provider undertakes to immediately repair any faults and defects that hinder or prevent the provision of the Service.
- GUEST OBLIGATIONS:
In connection with using the Service, the Guest is obliged to:- comply with all provisions of the Regulations and Conditions;
- comply with all legal regulations, good manners and generally applicable rules of using the Internet;
- provide true data in the registration form;
- immediately inform the Service Provider of any possible security breaches and problems related to the functioning or use of the Service;
- not conducting any activities that threaten the security of the System or third party computer systems;
- not using the System directly or indirectly to conduct any activities that are contrary to the law, good manners, rules of using the Internet, or infringe the rights of third parties.
- RESPONSIBILITY
- Neither Party to the Agreement shall be liable for damages resulting from force majeure. Force majeure shall include, in particular: a) events related to the actions of forces of nature such as floods, large-scale fires, volcanic eruptions, earthquakes or other natural disasters; b) the outbreak of an epidemic or pandemic; c) cases related to unusual collective behavior such as riots, general strikes or armed actions, terrorist attack, civil war, social unrest or riots, war, threat of war or preparations for war, armed conflict, imposition of sanctions, imposition of embargo or severance of diplomatic relations; d) all regulations and actions of state authorities – legislative and executive such as import and export bans, border and port blockades, imposing limits and prohibitions; e) radioactive, chemical or biological contamination or sonic boom; f) an economic crisis requiring a Party to take restrictions on expenses related to its business activities in order, among others, to maintaining financial liquidity. For the avoidance of doubt, the Parties indicate that the state of the pandemic caused by the SARS-CoV-2 virus announced by WHO on 11 March 2020 and the state of epidemic threat announced in the territory of the Republic of Poland on 14 March 2020 are considered Force Majeure.
- The Service Provider is not responsible for temporary disruptions in the operation of the Website, lack of availability of the Website caused by maintenance work or actions or omissions of third parties (e.g. network providers). In such a case, the Service Provider undertakes to take all possible actions to restore the uninterrupted operation of the Website.
- COMPLAINTS
- The Guest has the right to file a complaint regarding the non-performance or improper performance of the Service.
- The Guest should report to the Service Provider any complaints referred to in paragraph 1 no later than within 14 calendar days from the date of occurrence of the fault/error/defect.
- All complaints regarding the Service should be reported by e-mail to the following address: chrzanow@parkapartamenty.pl or in writing to the correspondence address of the Service Provider indicated in the Definitions (part 2 of the Regulations).
- It is recommended that in the complaint notification the Guest indicates: first and last name, description of the error or defect and the time, place and circumstances of its occurrence (together with the version and name of the browser on which the error or defect occurs), telephone number, address, reservation number.
- The submitted complaint shall be considered within 14 days of its receipt by the Service Provider. Within this period, the Service Provider is obliged to present to the Guest (to the e-mail address provided during registration or in writing or to the indicated correspondence address, if the complaint was submitted by post) its position on the submitted complaint together with the justification.
- After exhausting the complaint procedure, the Guest has the right to pursue claims in court proceedings.
- PERSONAL DATA
All information regarding the protection of personal data implemented by the Apartments can be found in the Privacy Policy available on the Website. - FINAL PROVISIONS
- The Regulations come into force upon publication on the Website and apply to reservations made after 1 May 2020.
- The Service Provider is entitled to introduce changes to the provisions of the Regulations at any time for important reasons. Important reasons referred to in the previous sentence are understood as: a) the need to adapt the Regulations to the provisions of the law b) the need to adapt the Regulations to the recommendation, interpretation, ruling, resolution or decision of a public authority or a court ruling, provided that they affect the content of the Regulations c) the introduction of new Services, changes to the scope or nature of the Services d) changes to the technical conditions for the provision of Services e) changes to the scope of the Service Provider’s activities. The provisions of the amended Regulations do not apply to Apartment reservations made on the basis of the provisions of the Regulations previously in force. The changes come into effect on the date of their publication on the Website.
- The parties will attempt to resolve any disputes arising from the implementation of the provisions of these Regulations through mutual negotiations or mediation, and in the event of failure to reach an agreement, they will be considered by a common court having jurisdiction over the Service Provider, and in the case of a Guest who is a consumer, the court having jurisdiction over the consumer’s registered office.
- Detailed information on the possibility for a Customer who is a Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:
- https://uokik.gov.pl/pomoc-dla-konsumentow
- A Guest who is a Consumer has the following exemplary options for using out-of-court methods of handling complaints and pursuing claims:
- The Guest is entitled to refer to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement..
- The Guest is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the out-of-court resolution of the dispute between the Customer and the Seller.
- The Guest may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).
- The Guest may file a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court resolution of disputes that may arise between entrepreneurs and Consumers.
- In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
- The applicable law is Polish law.