TERMS AND CONDITIONS FOR ORDERING AND PROVIDING OF ACCOMMODATION SERVICES
§1 DEFINITIONS
- The following terms used in the Terms and Conditions shall be understood according to the definitions below:
- Operator – refers to erApartments Company seated in Warsaw, 45/8 Wronia Street,00-870 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under the item number 0000831461; Tax Number 5272922621; National Business Registry Number 385662458, providing accommodation services;
- Customer – refers to a natural person over 18 years of age which has full capacity to perform acts in law, a legal person or another organisational unit which meets the requirements defined in these Terms and Conditions, who makes reservations of apartments available in the Operator's offer or uses the accommodation service provided by the Operator;
- Terms and Conditions of the Operator – means "Terms and Conditions for ordering of accommodation services" and "Terms and Conditions of providing accommodation services", prepared and applied by the Operator;
- Service – means the accommodation service in apartments available in the Operator's offer;
- Order – refers to an order submitted by the Customer by booking selected apartments available in the Operator's offer;
- Agreement – refers to an agreement concluded between the Customer and the Operator regarding the provision of accommodation services in apartments available in the Operator's offer;
- Accommodation Form – a form containing information related to the Customer’s accommodation.
- System – refers to a reservation system used by the Operator, made available by the System Provider, enabling the Customer to make, change or cancel the reservation of selected apartments under the accommodation service Order and to make payments for reservations; type of ICT System available through a web browser;
- System Supplier – refers to IAI company seated in Szczecin, 30 Piastow Avenue, 71-064 Szczecin with the Tax Number 5252767146 and the National Business Registry Number 381595506, being the System supplier;
- Force Majeure - an external event, impossible to predict and impossible to prevent, precluding the execution of the Order. Incidents of force majeure will be considered in particular: earthquakes, fires, epidemics, pandemics, floods, strikes, acts of sabotage, riots, hostilities, requirements of all authorities, as well as other situations in which, for reasons other than the fault of the Operator, the use of the apartments by the Operator to implement the Order will become impossible or limited.
§2 INITIAL PROVISIONS
- These Terms and Conditions specify regulations related to ordering accommodation services provided by the Operator as well as the rules of providing such services.
- The content of the Terms and Conditions is available free of charge at erapartments.pl.
- The Terms and Conditions are made available in a form that allows it to be stored and reproduced;
§3 RULES OF ORDERS
- On the basis of these Terms and Conditions, the Customer orders the provision of accommodation service of the Operator by reservation of selected apartments.
- Placing an Order by the Customer and booking selected apartments from the Operator's offer also constitutes the conclusion of the Agreement for the provision of accommodation services between the Operator and the Customer under the conditions set out in the Terms and Conditions made available to the Customer by the Operator.
- Placing an Order by the Customer and booking selected apartments from the Operator's offer is tantamount to reading and accepting by the Customer the provisions contained in the Terms and Conditions and the Privacy Policy of the Operator.
- The customer is able to place an order and make a reservation as follows:
- In the reservation System available through www.erapartments.pl;
- By sending an order to the Operator at the email address info@erapartments.pl;
- By telephone at +48 570 000 697;
- By placing an order through cooperating portals, e.g. booking.com, www.airbnb.com, www.expedia.com.
- The condition of accepting the Order for implementation is:
- Availability of selected apartments on dates indicated by the Customer;
- Providing the Operator with the data necessary to the accommodation service implementation, in particular:
- full name of the person making the reservation,
- e-mail address of the person making the reservation,
- contact phone number to the person making the reservation,
- full name of the person using the accommodation service,
- contact phone number to the person using the accommodation service,
- reading the Terms and Conditions as well as the Privacy Policy of the Operator and accepting their provisions,
- making the required payment for the Order accomplishment.
- The Customer confirms that the data provided to the Operator when placing the Order and booking the apartments are correct and truthful.
- The Customer is able to make payment by a bank transfer, payment card, cash or any other method available in a selected reservation channel.
- The Customer declares that he has been informed about the content of art. 38 points 12 of the Act of 30 May 2014 on Consumer rights, according to which in the case of contracts for the provision of accommodation services other than for residential purposes, the consumer is not entitled under Art. 27 of this Act, the right to withdraw from a distance contract.
§4 RESERVATION TYPES
- The Customer is able to choose from two types of reservations:
- Refundable offer – apartment booking for which flexible cancellation rules apply in accordance with the information presented in a specific booking channel. Customer can cancel the reservation before the planned start of accommodation and then he will receive a refund of the paid fee in the amount indicated in the booking channel in which he has made the reservation, provided that he does it within the time and according to the rules indicated in this channel. If the reservation is cancelled after this time or in violation of the indicated rules of cancellation, the Customer will not be entitled to a refund of the paid fee, which will be a handling fee for cancelling the reservation;
- Non-refundable offer – apartment booking without possibility of a free cancellation. The Customer can cancel his apartment reservation at any time however, he will not be entitled to a refund of the fee, which will be a handling fee for cancelling the reservation.
§5 PLACING ORDERS IN THE RESERVATION SYSTEM
- To order accommodation services in the Reservation System available through www.erapartments.pl, it is mandatory to have a unique e-mail address and to complete the reservation form provided as a part of the System.
- Placing an Order by the Customer includes the following steps:
- Selection of services provided by the Operator, based on data and information provided in the System, in particular the availability and booking price of apartments;
- Entry of required Customer data and information by the Customer using the reservation form – in particular, full name, unique e-mail address and telephone number;
- Confirmation by the Customer that he or she has read and accept the Terms and Conditions and the Privacy Policy of the Operator and submitting required statements. If the Customer does not confirm that he or she has read and accept the content of the Terms and Conditions or the Privacy Policy of the Operator and fails to submit the required statements, the booking procedure will not be continued;
- Making payments if required by the conditions of the selected offer. The prices provided in the System are presented in gross amounts and include only services indicated as components of the offer.
- After completing all the steps required to place an order in the reservation System, the Customer will receive a message to the e-mail address provided during the reservation with the confirmation of the reservation along with the payment terms. Once the confirmation has been sent, the Order of the accommodation service shall be considered as submitted.
- The Operator reserves the right to refuse a reservation in the absence of vacant apartments or Force Majeure. In this case, the Customer will receive a message about the inability to make a reservation to the e-mail address provided by the Customer.
- Any actions of the Customer cannot be found as threatening the security of the Reservation System used by the Operator, third party computer systems or as violating the rights of third parties.
§6 MODIFICATION OR CANCELLATION OF ORDERS
- Under the terms resulting from these Terms and Conditions, the Customer is entitled to modify or cancel the reservation. To do this, the Customer may use the relevant functions of the reservation System or to send an appropriate request to the Operator's email address info@erapartments.pl or by telephone at +48 570 000 697.
- After receiving the notification regarding modification or cancellation of the reservation, the Operator will notify the Customer of its status.
§7 ACCOMMODATION RULES
- Accommodation of the Customer in the apartments serviced by the Operator is only possible upon:
- Payment for the Service;
- Showing a valid Customer’s Identification Document;
- Verification of the Customer’s personal information;
- Signing the Accommodation Form however, the Operator reserves the right to withdraw from its signing.
- Start using the accommodation service means the Customer acceptance of the Terms and Conditions as well as the Privacy Policy of the Operator available at www.erapartments.pl.
- Accommodation night in the apartments serviced by the Operator starts at 2:00 PM and ends the next day at 11:00 AM
- The apartment can be handed over to the Customer for use between 2:00 p.m. and 9:00 p.m.
- Extension of the stay is made if vacancies are available after prior notification the Operator and is associated with the service fee collection.
- The Operator reserves the right to refuse to accommodate a Customer if:
- The Fee for the service or the deposit, if required by the Operator, have not been regulated;
- Customer does not have a valid identity document or does not want to show the document;
- The Operator is not able to verify the Customer's personal data;
- It is suspected that the Customer is under the influence of alcohol or other intoxicants;
- Customer behaves aggressively;
- During a previous stay, Customer grossly violated these Terms and Conditions;
- Customer does not comply with applicable sanitary regulations.
§8 CUSTOMER'S STAY
- The Operator ensures the conditions of full and unrestricted rest of the Customer, maintaining the confidentiality of information about the Customer as well as professional and courteous service.
- The Customer is obliged to operate the apartment in accordance with its intended purpose.
- The Customer may not transfer the apartment to use of third parties.
- Stay of pets in the apartment is possible only with the consent of the Operator, prior payment of an additional fee in the amount set by the Operator is completed.
- The Customer may not remove any equipment and decorations from the apartment, make any damages, alterations and changes in the apartment, copy or transfer to unauthorized persons the keys or access codes to the apartment, cards or remote controls to the garage given to the Customer for the duration of the stay.
- Quiet hours are valid from 10:00 PM to 6:00 AM.
- During the quite hours, only the number of people for whom the reservation of the apartment has been made may stay in the premises.
- In the apartments serviced by the Operator, it is prohibited to organize parties, special events, listen to loud music, or disturb other tenants.
- The Operator reserves the right to charge the Customer a handling fee of PLN 1000 in the event of breaking the prohibition specified in point 8 above.
- The use of the apartments for commercial purposes, photo sessions, video recordings, etc. is possible only with the consent of the Operator.
§9 SAFETY RULES
- The customer is required to secure the apartment properly, including:
- Closing doors and windows accurately whenever leaving apartment;
- Careful storage of provided keys, codes or access cards, openers, etc., with no access to third parties;
- Turning off unnecessary lighting;
- Turning off water.
- In case of lost keys, access cards or openers Customers should immediately inform the Operator.
- During their stay, Customers are required to comply with fire regulations and the Terms and Conditions of the Operator.
- Smoking as well as burning candles are strictly prohibited in apartments serviced by the Operator.
- The Operator reserves the right to charge the Customer a handling fee of PLN 1000 in the event of a breach of the prohibition set out in point 4 above.
§10 CHECK-OUT
- Customer’s check-out takes place when an inspection of the technical condition of the apartment has been completed by the Operator's representative and the Customer has handed over the keys, cards or openers to the apartment, building and garage. At the same time, the Operator reserves the right to waive the inspection of the technical condition of the apartment before the Customer leaves the apartment. In such a case, the technical condition of the apartment will be checked immediately after the Customer leaves the apartment.
- Early departure of the Customer for reasons independent from the Operator will not entitle Customer to claim a refund of the fee for unused stay. The deposit paid to secure claims is also not refundable if the payment for the stay made by the Customer did not cover the total cost of the stay for the period of time declared by the Customer or other services provided for the Customer.
- In the event the Customer left the apartment without returning the keys, cards or openers, the Operator reserves the right to charge the Customer a handling fee of PLN 300 for each non-returned item indicated in this point.
- The Operator reserves the right to check out the Customer during an ongoing stay if his behaviour violated these Terms and Conditions or otherwise violates the rules of social coexistence. The payment for the stay is then not refundable.
§11 OBLIGATIONS OF THE PARTIES
- The operator is obliged to:
- Compliance with the provisions of the Terms and Conditions and the Privacy Policy of the Operator;
- Provision of the Services with due diligence in accordance with applicable law.
- The customer is obliged to:
- Compliance with the provisions of the Terms and Conditions and the Privacy Policy of the Operator;
- Correctly defining Customer data, in particular those required when making reservations;
- Use the Services provided by the Operator only in a manner consistent with their purpose and functionality;
- Compliance with legal regulations, decency and commonly binding social principles.
§12 LIABILITY
- Customer is financially liable for damages or destructions in the apartment as well as for lost equipment from the apartment during accommodation.
- The Operator reserves the right to collect a deposit of up to PLN 3000 for each apartment from the Customer before commencing the provision of the Services as security for claims.
- The Operator reserves the right to charge the Customer a compensation fee equal to the losses suffered, including a claim of compensation on general principles.
- Subject to the provisions of paragraph 10, section 2 above, the deposit is returned to the Customer without undue delay after prior inspection of the technical condition of the apartment by a representative of the Operator which will show the return of the apartment by the Customer intact. Otherwise, the amount of the compensation fee equal to the losses suffered will be deducted from the deposit.
- The Operator is not responsible for failures independent of the Operator and their consequences.
- The Operator reserves the right to change the apartment intended for the Customer to another of a similar standard or a different location, in the event of sudden and unforeseen circumstances, in particular Force Majeure and, in the absence of a free apartment, to cancel the reservation.
- The Operator is not responsible for any loss or damage of valuables belonging to the Customer left by the Customer in the place of accommodation.
- Items left by the Customer in the apartment can be sent after his departure to an indicated address at the Customer’s expense. If the Customer does not agree to cover the cost of returning the items left behind, they will be stored for 14 days from the date of departure of the Customer. After this date, the Operator reserves the right to dispose of them.
§13 COMPLAINTS
- Complaints related to the provision of Services by the Operator shall be submitted in writing to the Operator's registered address or electronically to the Operator's e-mail address.
- The complaint shall include the following Customer data: full name, address of the Customer, reservation details to which the complaint relates, e-mail address provided by the Customer and description of the problem that occurred in connection with the reservation or while using the Service.
- The Operator will consider the complaint within 30 days of its receipt. Immediately after considering the complaint, the Operator will answer the Customer regarding the complaint. The answer will be sent to the e-mail address provided by the Customer in the complaint or the Customer's correspondence address.
- In the event that the information provided in the complaint needs to be supplemented, the Operator, before considering the complaint, will ask the Customer to complete it within the set time limit for considering the complaint. In this case, the deadline referred to in section 3 above runs from the moment the Operator receives the completed complaint.
§14 PERSONAL DATA
- All information regarding the protection of personal data implemented by the Operator there is in the Privacy Policy of the Operator.
§15 FINAL PROVISIONS
- The Terms and Conditions enter into force upon publication on the Operator's website erapartments.pl and are valid until further notice or being replaced by a new version.
- The e-mail address for contacting the Operator is info@erapartments.pl.
- The Operator is entitled to amend the provisions of these Terms and Conditions at any time and it is subject to the Operator’s own decision.
- Within the limits set by mandatory provisions of law, the invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions of the Terms and Conditions.
- Any disputes arising from the implementation of the provisions of these Terms and Conditions will be considered by a court of law competent for the Operator.
- These Terms and Conditions have been prepared in Polish and are subject to the Polish law. All versions of these Regulations made in any other language have been made available for illustrative purposes only. In the event of a discrepancy between the Polish language version of these Terms and Conditions and versions prepared in other languages, the Polish language version shall prevail.
PRIVACY POLICY
According to the article 13 par. 1 and par. 2 of the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) we inform as follows:
- The administrator of the personal data that you submitted is erApartments Company seated in Warsaw, 45/8 Wronia Street,00-870 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under the item number 0000831461; Tax Number 5272922621; National Business Registry Number 385662458.
- The purpose of data collection is as follows:
- To provide an accommodation Service for the benefit of the person whose data is provided or for undertaking pre-service activities, pursuant to Article 6 par. 1 lit. b) GDPR;
- Marketing, including sending commercial information to an e-mail address, pursuant to Article 6 par. 1 lit. a) GDPR, if the Customer has consented to this by ticking the appropriate box in the booking process or by notifying the Administrator in writing. Consent to the data processing for marketing purposes and sending commercial information may be withdrawn by sending such a notification to the Administrator's email address;
- Implementation of the legitimate interest of the Administrator of the personal data in special cases pursuant to Article 6 par. 1 lit. f) GDPR.
- The administrator may use automated decision-making, including profiling, for marketing purposes and for adjusting the offer.
- You have the right to access the content of the data and to rectify, delete or limit the processing, as well as the right to object, demand the cessation of processing and data transfer, as well as the right to withdraw your consent at any time and the right to lodge a complaint to the supervisory body.
- Providing data is voluntary, but necessary to achieve the goal defined in the point 2.1 above, i.e. provision of the accommodation Service or to take pre-service activities. If no data is provided, it will not be possible to provide the Service.
- The personal data that you provided will be processed in the period preceding the accommodation service delivery and during the service delivery as well as for the period specified by the law regarding the limitation of claims that may arise from the provision of the above service as well as tax regulations.
- If you have any questions regarding the processing of personal data, please contact the Data Administrator at erApartments Sp. z o.o. located at 45/8 Wronia Street in Warsaw (00-870), tel.: +48 570 000 697, e-mail address: info@erapartments.pl.