Terms of stay

The Polish text of these terms is binding; the versions in other languages are translations (§ 31).

TERMS OF BOOKING AND STAY AND OF SERVICES PROVIDED BY ELECTRONIC MEANS – ChikApart, Szczyrk

CHAPTER I. GENERAL PROVISIONS

§ 1. Service Provider

  1. The Service Provider is AR Regal Rise spółka z ograniczoną odpowiedzialnością (a limited liability company) with its registered office in Kraków, entered in the register of entrepreneurs of the National Court Register under KRS number 0001219525, whose registration files are kept by Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie, XI Wydział Gospodarczy Krajowego Rejestru Sądowego (District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register), NIP (tax identification number) 9452324415, REGON (statistical number) 543830847, share capital: 5,000.00 Polish złoty.
  2. The Service Provider operates, under the designation "ChikApart", a business consisting in the provision of short-term accommodation services in apartments located in the building at ul. Turystycznej 15, 43-370 Szczyrk.
  3. The Building is subject to entry in the register of other facilities providing hotel services, kept by the Mayor of the Town of Szczyrk pursuant to art. 38 of the Act of 29 August 1997 on hotel services and the services of tour guides and tourist guides (ustawa z dnia 29 sierpnia 1997 r. o usługach hotelarskich oraz usługach pilotów wycieczek i przewodników turystycznych). After the provisions on the central register of short-term rental facilities enter into force, the number assigned in that register will be entered here.
  4. Contact with the Service Provider: WhatsApp messenger and telephone at +48 577 774 949, e-mail: arregalrise@gmail.com. Through these channels the Parties make declarations in documentary form where the Terms require that form.

§ 2. Definitions

Wherever the Terms refer to:

  1. Apartment – this means a self-contained residential unit in the Building, made available to the Guest for short-term use under the Agreement, together with its furnishings;
  2. Building – this means the building at ul. Turystycznej 15 in Szczyrk, in which the Apartments and the Common Areas are located;
  3. Common Areas – this means the rooms of the Building intended for shared use by the guests of all Apartments, in particular the sauna and the ski and bicycle storage room;
  4. Guest – this means a natural person who is at least 18 years old and has full legal capacity, or a legal person or an organisational unit without legal personality to which a statute grants legal capacity, who concludes the Agreement with the Service Provider;
  5. Accompanying Persons – this means the persons indicated in the Booking who stay in the Apartment together with the Guest or in the Guest's place;
  6. Consumer – this means a Guest who is a consumer within the meaning of art. 22¹ KC;
  7. Entrepreneur with consumer rights – this means a natural person concluding the Agreement directly connected with his or her business activity, where it follows from the content of the Agreement that it does not have a professional character for that person (art. 385⁵ KC and art. 7aa UPK);
  8. Enquiry – this means a message from the Guest addressed to the Service Provider, including a message prepared by means of the enquiry form or the booking page in the Website, containing information on the expected dates, the number of persons or the Apartment;
  9. Offer – this means a declaration of the Service Provider within the meaning of art. 66 § 1 KC, made in documentary form, specifying the essential terms of the Agreement;
  10. Agreement – this means the agreement for the provision of short-term accommodation in the Apartment, concluded at a distance between the Service Provider and the Guest on the basis of the Terms;
  11. Booking – this means the Agreement concluded for a specified period, identified in the Booking Confirmation;
  12. Booking Confirmation – this means the document sent to the Guest on a Durable Medium after the conclusion of the Agreement, setting out its content;
  13. Price – this means the total gross remuneration of the Service Provider for the stay, together with the applicable taxes, specified in the Offer and the Booking Confirmation;
  14. Deposit (zadatek) – this means the part of the Price payable after the conclusion of the Agreement, having the nature of a deposit (zadatek) within the meaning of art. 394 KC;
  15. Remaining Price – this means the Price reduced by the Deposit;
  16. Night (doba) – this means the period from 16:00 on a given day to 10:00 on the following day;
  17. Arrival Day and Departure Day – this means, respectively, the first and the last day of the stay indicated in the Booking Confirmation;
  18. Documentary form – this means the form of a legal act referred to in art. 77² KC, in particular a message sent via the WhatsApp messenger or by e-mail;
  19. Durable Medium – this means a medium within the meaning of art. 2 point 4 UPK, in particular an e-mail message or a message in the WhatsApp messenger;
  20. Website – this means the ChikApart website operated by the Service Provider, in which the Terms are made available;
  21. User – this means any person using the Website;
  22. Payment Partner – this means the entity providing payment services through which the Guest makes payments, i.e. Stripe Payments Europe, Limited, with its registered office in Dublin (Ireland);
  23. Card Hold – this means a temporary blocking of funds on the Guest's payment card (pre-authorisation) by the Payment Partner, constituting security for the Service Provider's claims for damage;
  24. Force Majeure – this means an external event that is impossible to foresee and impossible to prevent, in particular a natural disaster, an epidemic, or a decision of a public authority closing the Building or the access roads to the Building or prohibiting travel;
  25. KC – this means the Act of 23 April 1964 – the Civil Code (ustawa z dnia 23 kwietnia 1964 r. – Kodeks cywilny);
  26. UPK – this means the Act of 30 May 2014 on consumer rights (ustawa z dnia 30 maja 2014 r. o prawach konsumenta);
  27. UŚUDE – this means the Act of 18 July 2002 on the provision of services by electronic means (ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną);
  28. GDPR (in the Polish text: RODO) – this means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation).

§ 3. Subject matter and nature of the Terms

  1. The Terms set out the rules for concluding and performing Agreements, the rights and obligations of the Service Provider and the Guest, including the rules for amending and terminating the Agreement by either Party, and the rules for the provision of services by electronic means through the Website.
  2. The Terms constitute a standard contract term (wzorzec umowny) within the meaning of art. 384 KC and the terms referred to in art. 8 UŚUDE.
  3. The Terms are made available at no charge in the Website, in a manner enabling their acquisition, reproduction and recording. The Service Provider delivers the Terms, or a link to them, together with each Offer and with the Booking Confirmation.
  4. Provisions of the Agreement agreed individually and indicated in the Booking Confirmation take precedence over the provisions of the Terms (art. 385 § 1 KC).
  5. The rules for the use of the Common Areas, provided to the Guest together with the Booking Confirmation, also form an integral part of the Agreement.
  6. If the Agreement has been concluded through a booking platform (in particular Booking.com or Agoda), the terms of payment and cancellation are determined by the terms of that platform. In all other respects, in particular with regard to the stay, the Terms apply.

CHAPTER II. CONCLUSION OF THE AGREEMENT

§ 4. Enquiry and Offer

  1. The content published in the Website, including descriptions, photographs and information about the Apartments, does not constitute an offer within the meaning of art. 66 § 1 KC. It constitutes an invitation to conclude an Agreement within the meaning of art. 71 KC.
  2. An Enquiry, including a message prepared by means of the booking page in the Website, does not constitute an offer or a booking and gives rise to no obligation on the part of the Guest.
  3. In response to an Enquiry the Service Provider may make an Offer to the Guest in Documentary form. The Offer contains at least the information referred to in art. 12 para. 1 UPK, and in particular:
    1. the designation of the Apartment, the Arrival Day and the Departure Day, and the number of Accompanying Persons;
    2. the Price and the scope of the services covered by the Price;
    3. the amount and the due date of the Deposit and the due date of the Remaining Price;
    4. the available methods of payment;
    5. the conditions for cancelling the stay;
    6. information on a possible Card Hold and its amount;
    7. the period during which the Service Provider remains bound by the Offer.
  4. If the Offer does not specify a period of being bound, the Service Provider remains bound by it for 48 hours from the moment it is sent.

§ 5. Conclusion of the Agreement

  1. The Agreement is concluded at the moment when the Guest's declaration of acceptance of the Offer without reservations, made in Documentary form, reaches the Service Provider within the period during which the Service Provider is bound by the Offer (art. 61 § 2 KC). A reply to the Offer containing changes or reservations constitutes a new offer (art. 68 KC).
  2. Immediately after the conclusion of the Agreement, and no later than before the start of the stay, the Service Provider sends the Guest the Booking Confirmation on a Durable Medium (art. 21 UPK).
  3. By concluding the Agreement, the Guest declares that he or she is at least 18 years old and has full legal capacity. The Guest concludes the Agreement also for the benefit of the Accompanying Persons and is liable for their acts and omissions as for his or her own.
  4. The Consumer does not have the right of withdrawal from a distance Agreement referred to in art. 27 UPK, because the Agreement concerns accommodation for purposes other than residential and the Agreement specifies the day or period of performance of the service (art. 38 para. 1 point 12 UPK). The Guest's rights to cancel the stay are determined exclusively by Chapter IV.

CHAPTER III. PRICE AND PAYMENTS

§ 6. Price

  1. The Price is the total gross price for the entire stay and includes all applicable taxes and the services indicated in the Booking Confirmation.
  2. The local fee referred to in the Act of 12 January 1991 on local taxes and fees (ustawa z dnia 12 stycznia 1991 r. o podatkach i opłatach lokalnych) is not part of the Price. If the Town Council of Szczyrk introduces this fee, the Service Provider collects it as a collector (inkasent), in the amount set by resolution, and states it in the Booking Confirmation separately from the Price.
  3. After the conclusion of the Agreement the Price is not increased. The exception is an amendment of the Agreement at the Guest's request, referred to in § 9, concerning the scope of the services.

§ 7. Deposit and payment dates

  1. The Guest shall pay the Deposit in the amount indicated in the Booking Confirmation, not exceeding 30% (thirty per cent) of the Price, within 3 days from the date of conclusion of the Agreement. The Parties expressly agree that this payment has the nature of a deposit (zadatek) within the meaning of art. 394 KC. If the Agreement is performed, the Deposit is credited towards the Price (art. 394 § 2 KC).
  2. The Guest shall pay the Remaining Price no later than on the 7th day before the Arrival Day.
  3. If the Agreement is concluded later than 7 days before the Arrival Day, the Guest shall pay the entire Price by the date indicated in the Booking Confirmation, but no later than before the Apartment is handed over. In such a case the part of the Price corresponding to the Deposit retains the nature of a Deposit.
  4. Payment is made through the Payment Partner's payment link sent by the Service Provider, or by transfer to the Service Provider's bank account indicated in the Booking Confirmation. The Website is not used for making payments and does not process payment card data.
  5. The date of payment is the date on which the Service Provider's account is credited or the date of successful authorisation of the payment by the Payment Partner.
  6. The Service Provider issues invoices in accordance with the Act of 11 March 2004 on goods and services tax (ustawa z dnia 11 marca 2004 r. o podatku od towarów i usług), including, in the cases provided for by law, in the National e-Invoicing System (Krajowy System e-Faktur). A Guest who requests an invoice issued to a business provides the invoice details when concluding the Agreement.

§ 8. Consequences of late payment

  1. If the Guest fails to pay the Deposit within the period referred to in § 7 para. 1, the Service Provider has the right to withdraw from the Agreement without setting an additional period. The Parties reserve this right on the basis of art. 395 § 1 KC. The Service Provider may exercise it in Documentary form until the start of the first Night. If this right is exercised, the Agreement is deemed not to have been concluded (art. 395 § 2 KC), and the Guest is not obliged to render any performance to the Service Provider. Amounts paid after the deadline are refunded in accordance with § 13.
  2. If the Guest fails to pay the Remaining Price on time, the Service Provider shall call upon the Guest in Documentary form to pay within an additional period of not less than 2 business days, with a warning of withdrawal from the Agreement (art. 491 § 1 KC). After the additional period has expired without effect, the Service Provider may withdraw from the Agreement and retain the Deposit (art. 394 § 1 KC). Other amounts paid in excess of the Deposit are refunded in accordance with § 13.

CHAPTER IV. AMENDMENT AND TERMINATION OF THE AGREEMENT BY THE GUEST

§ 9. Amendment of the Booking at the Guest's request

  1. The Guest may submit, in Documentary form, a request to amend the Agreement, in particular as to the dates of the stay, the Apartment or the number of Accompanying Persons.
  2. An amendment of the Agreement requires the consent of the Service Provider expressed in Documentary form. The Service Provider considers the request without delay, taking into account the availability of the Apartments, and charges no fees for considering it.
  3. If the amendment concerns the scope of the services, the Service Provider states the amended Price in Documentary form before giving consent. The amendment becomes effective when it is accepted by the Guest in Documentary form. The Deposit paid is credited towards the amended Price and retains the nature of a Deposit.
  4. The number of persons staying in the Apartment may not exceed the maximum number of persons indicated for the given Apartment in the Website or in the Booking Confirmation.
  5. Refusal to consent to an amendment does not affect the validity of the Agreement, which remains binding in its existing wording. In such a case the Guest may cancel the stay on the terms of § 10.
  6. An extension of the stay is possible subject to the availability of the Apartment, on the basis of an amendment of the Agreement made in Documentary form.

§ 10. Cancellation of the stay by the Guest

  1. The Guest has the right to withdraw from the Agreement without bearing any costs, reserved on the basis of art. 395 § 1 KC and exercised in Documentary form no later than 30 days before the Arrival Day. In such a case the Agreement is deemed not to have been concluded (art. 395 § 2 KC), and the Service Provider refunds to the Guest all amounts received, including the Deposit. The day on which the declaration reaches the Service Provider is decisive for compliance with the deadline (art. 61 § 2 KC).
  2. A declaration by the Guest cancelling the stay, made later than 30 days before the Arrival Day, constitutes a declaration that the Guest will not perform the Agreement. In such a case the Service Provider may withdraw from the Agreement without setting an additional time limit and retain the Deposit (art. 394 § 1 KC). The Service Provider refunds the other amounts received to the Guest.
  3. If the Guest does not arrive at the Building by 12:00 on the day following the Arrival Day and does not inform the Service Provider of a later arrival, para. 2 applies, and the Service Provider may dispose of the Apartment.
  4. If the Service Provider concludes with another person an agreement concerning the same Apartment for all the Nights covered by the Agreement from which the Service Provider has withdrawn under para. 2 or 3, the Service Provider also refunds the Deposit to the Guest. If the agreement with another person covers only some of those Nights, the Service Provider refunds the part of the Deposit proportionate to the number of Nights for which accommodation has been provided again.
  5. Apart from retaining the Deposit in accordance with paras. 2–4, the Service Provider claims no other amounts from the Guest in connection with the cancellation of the stay.
  6. If the Guest leaves the Apartment before the Departure Day, the Price for the unused Nights is not refunded. However, the Service Provider refunds the Price for the Nights for which it has concluded an agreement with another person in respect of that Apartment. This rule does not apply to an early departure for reasons for which the Service Provider is responsible; in such a case § 12 applies.
  7. The Guest's rights in the event of Force Majeure are determined by § 14.

CHAPTER V. AMENDMENT AND TERMINATION OF THE AGREEMENT BY THE SERVICE PROVIDER

§ 11. Change of Apartment

  1. The Service Provider may propose a change of Apartment to the Guest only for a valid reason that makes it impossible to hand over the Apartment in accordance with the Agreement, in particular because of a breakdown, damage, the need to carry out urgent repairs, a decision of a public authority, or the failure of the previous guest to vacate the Apartment.
  2. The Service Provider notifies the Guest of the reason and of the proposed change without delay, in Documentary form. The proposed replacement Apartment is located in the Building, is of at least the same standard and capacity as the Apartment specified in the Agreement, and is offered at no additional charge.
  3. The Guest may accept the proposal or withdraw from the Agreement in Documentary form, no later than before the start of the stay. In the event of withdrawal the Service Provider refunds to the Guest all amounts received. The rights set out in § 12 remain unaffected if the reason for the change is attributable to the Service Provider.
  4. If the Guest accepts an Apartment of a lower standard or with fewer places, the Price is reduced proportionately.
  5. The Service Provider is not entitled to unilaterally change the Arrival Day, the Departure Day, the Price or other essential provisions of the Agreement.

§ 12. Non-performance of the Agreement by the Service Provider

  1. If the Service Provider fails to perform the Agreement for reasons for which it is responsible, and the Guest does not accept a replacement Apartment, the Guest may withdraw from the Agreement without setting an additional period and demand:
    1. a refund of all amounts paid in excess of the Deposit; and
    2. payment of a sum equal to twice the Deposit (art. 394 § 1 KC).
  2. Instead of the rights set out in para. 1, the Guest may demand performance of the Agreement and compensation for damage on general principles (art. 471 KC).
  3. If the Service Provider performs the Agreement improperly, in particular where the Apartment has defects that significantly limit the possibility of using it and the Service Provider does not remedy them without delay, the Guest may demand an appropriate reduction of the Price, regardless of other rights provided for by law.

§ 13. Refunds

  1. The Service Provider makes any refunds due to the Guest without delay, and no later than within 14 days from the date on which the obligation to refund arises.
  2. The refund is made using the same method of payment as the one used by the Guest, unless the Guest has expressly agreed to another method of refund that involves no costs for the Guest.

§ 14. Force Majeure and other circumstances for which neither Party is responsible

  1. If, as a result of Force Majeure, the Service Provider's performance becomes entirely impossible, the Service Provider is released from the obligation to perform and the Guest is not obliged to pay the Price (art. 495 § 1 KC). The Service Provider then refunds to the Guest all amounts received, including the Deposit (art. 394 § 3 KC). At the Guest's request the Parties may instead agree on a new date for the stay.
  2. If, as a result of Force Majeure, the performance becomes impossible only in part, the Price is reduced proportionately for the Nights in which the stay was impossible. The Guest may withdraw from the Agreement if partial performance would be of no significance to the Guest because of the nature of the obligation or the intended purpose of the Agreement, known to the Service Provider (art. 495 § 2 KC).
  3. Snow and weather conditions, as well as the operation of lifts, slopes, trails and other places described in the Website, are not the subject of the Agreement. These circumstances do not constitute grounds for amending the Agreement or for cancelling the stay on terms other than those set out in § 10, unless they constitute Force Majeure that makes a stay in the Building impossible.
  4. In the event of an interruption in the supply of utilities or in the operation of the Building's equipment for reasons for which the Service Provider is not responsible, the Service Provider shall without delay take action to remedy it. If the interruption significantly limits the possibility of using the Apartment, the Guest is entitled to a proportionate reduction of the Price.

§ 15. Termination of the Agreement by the Service Provider during the stay

  1. The Service Provider may terminate the Agreement with immediate effect, in Documentary form or orally in the presence of a witness, if the Guest or an Accompanying Person:
    1. grossly or persistently breaches the rules set out in § 17, despite a prior call to cease the breaches;
    2. behaves in a manner that endangers the life, health or property of other persons or the Building; in such a case no prior call is required.
  2. After termination, the Guest and the Accompanying Persons shall vacate the Apartment without delay.
  3. The Service Provider is entitled to the Price for the Nights used. The Price for the unused Nights is refunded, reduced by the documented compensation due to the Service Provider in connection with the breach, which the Service Provider may set off (art. 498 KC).
  4. The Service Provider has the statutory pledge (right of lien) over the items brought in by the Guest, on the terms of art. 850 KC.

CHAPTER VI. THE STAY

§ 16. Arrival and departure

  1. The Apartment is handed over on the Arrival Day between 16:00 and 22:00. Arrival after 22:00 is possible after prior arrangement with the Service Provider in Documentary form.
  2. The Guest informs the Service Provider of the expected time of arrival no later than on the day preceding the Arrival Day.
  3. The Guest vacates the Apartment and returns the keys or other means of access on the Departure Day by 10:00.
  4. Earlier handover or later vacating of the Apartment is possible only after arrangement with the Service Provider, subject to availability, on the terms indicated by the Service Provider in Documentary form.
  5. If the Guest, without arrangement with the Service Provider, does not vacate the Apartment by 16:00 on the Departure Day, the Service Provider may demand remuneration for each commenced further Night, in the amount of the average Price of one Night under the Agreement, and in addition compensation for damage resulting from the delay, on general principles.
  6. When the Apartment is handed over, the Service Provider may ask the Guest to show an identity document solely in order to verify that the keys are being handed to an authorised person. The Service Provider does not copy, scan or retain the identity document.
  7. The Guest is responsible for the keys and other means of access issued for the duration of the stay. In the event of their loss the Guest bears the documented cost of replacing them or of changing the lock.

§ 17. Rules for the use of the Apartment and the Common Areas

  1. The Apartment may be used solely by the Guest and the Accompanying Persons, in a number not exceeding the maximum number of persons for the given Apartment. Making the Apartment available for use to third parties, including subletting, and carrying on gainful activity in it are prohibited.
  2. Visitors who are not Accompanying Persons may stay in the Apartment until 22:00, with the prior consent of the Service Provider. The Guest is responsible for these persons as for his or her own acts and omissions.
  3. Quiet hours apply in the Building from 22:00 to 7:00. Disturbing night rest may constitute a petty offence under art. 51 of the Act of 20 May 1971 – the Petty Offences Code (ustawa z dnia 20 maja 1971 r. – Kodeks wykroczeń).
  4. Smoking tobacco and using e-cigarettes, heated tobacco products and water pipes is prohibited in the Apartments, in the Common Areas, and on balconies and terraces.
  5. Organising parties, receptions and other events requires the prior consent of the Service Provider in Documentary form.
  6. Animals are not admitted. This restriction does not apply to an assistance dog of a person with a disability, within the scope of the rights arising from art. 20a of the Act of 27 August 1997 on vocational and social rehabilitation and the employment of persons with disabilities (ustawa z dnia 27 sierpnia 1997 r. o rehabilitacji zawodowej i społecznej oraz zatrudnianiu osób niepełnosprawnych).
  7. Skis, ski boots and bicycles are stored in the ski and bicycle storage room, not in the Apartments.
  8. The use of open flame, including candles, as well as pyrotechnic materials and personal heating devices, is prohibited in the Apartments and the Common Areas.
  9. The sauna is used in accordance with the rules for the use of the Common Areas. Children may use the sauna only under the supervision of an adult. Persons with heart or circulatory diseases, persons with arterial hypertension and pregnant women should seek medical advice before using the sauna.
  10. Minors stay in the Building under the constant supervision of adults, who are responsible for them.
  11. The Guest closes the windows and the entrance door of the Apartment whenever leaving it.
  12. The Service Provider enters the Apartment during the stay only with the Guest's consent. Without the Guest's consent the Service Provider may enter the Apartment only where this is necessary to remedy a breakdown or to prevent damage or a threat to life, health or property. The Service Provider then promptly notifies the Guest of the entry and its reason.

CHAPTER VII. LIABILITY

§ 18. Liability of the Guest and the Card Hold

  1. The Guest is liable for damage to the Apartment, the Common Areas and the equipment of the Building caused by the Guest, the Accompanying Persons and visitors, on the general principles of the KC.
  2. The Guest notifies the Service Provider without delay of any damage, defect or breakdown found during the stay.
  3. The Service Provider does not collect a cash security deposit. If the Booking Confirmation so provides, the security for the Service Provider's claims for damage is a Card Hold in the amount indicated in the Booking Confirmation.
  4. The Card Hold is not a charge to the card. It is released no later than within 14 days from the Departure Day, to the extent that it has not been applied in accordance with para. 5.
  5. The Service Provider notifies the Guest in Documentary form of the damage found and its amount, together with the documentation, in particular a photograph and a cost estimate or an invoice for the repair. The Service Provider may satisfy itself from the Card Hold only with the Guest's consent given in Documentary form, or on the basis of a final court decision or a settlement. Without such consent the Service Provider releases the Card Hold within the time limit set out in para. 4 and may claim compensation for the damage on general principles.

§ 19. Liability of the Service Provider

  1. The Service Provider is liable for non-performance or improper performance of the Agreement on general principles (art. 471 KC). No provision of the Terms excludes or limits this liability towards a Consumer or an Entrepreneur with consumer rights to the extent that the law does not permit it.
  2. Trails, ski runs, lifts, bodies of water, stables, museums, restaurants, means of transport and other places and services described in the Website are operated by third parties and are not the subject of the Agreement. Information about them is for information purposes only and may change. They are used on the terms set by the entities operating them.

§ 20. Items brought into the Apartment

  1. The Service Provider is liable for the loss of or damage to items brought into the Apartment by the Guest on the terms set out in art. 846–852 KC. This liability cannot be excluded or limited by contract or by notice (art. 846 § 5 KC), and the Terms contain no such provisions. The limits of this liability are set by statute alone (art. 849 KC).
  2. The Guest notifies the Service Provider of the loss of or damage to items without delay after discovering it (art. 847 KC).
  3. At the Guest's request the Service Provider accepts for safekeeping money, securities and valuables, within the limits and on the terms set out in art. 846–852 KC, in the manner agreed with the Guest.

CHAPTER VIII. COMPLAINTS AND DISPUTE RESOLUTION

§ 21. Complaints

  1. The Guest reports any reservations concerning the stay without delay during the stay, so that the Service Provider can remedy their cause.
  2. A complaint may be submitted in Documentary form, through the channels indicated in § 1 para. 4, or in writing. The complaint should state the Guest's details, the dates of the stay, a description of the reservations and the Guest's demand. The absence of any of these elements does not result in the complaint being left unconsidered if its content allows it to be considered.
  3. The Service Provider replies to the complaint on a Durable Medium within 14 days from the date of receiving it. If the Service Provider does not reply within that period, the complaint is deemed to have been accepted (art. 7a UPK).
  4. The provisions of paras. 2 and 3 apply accordingly to complaints concerning services provided by electronic means.

§ 22. Out-of-court dispute resolution

  1. If a Consumer's complaint is not upheld, the Service Provider, in its reply to the complaint, indicates the entity authorised to resolve consumer disputes out of court and states whether it consents to participate in proceedings before that entity (art. 32 of the Act of 23 September 2016 on out-of-court resolution of consumer disputes (ustawa z dnia 23 września 2016 r. o pozasądowym rozwiązywaniu sporów konsumenckich)).
  2. The Service Provider consents to the resolution of a dispute with a Consumer by the Permanent Consumer Arbitration Court at the Provincial Inspector of the Trade Inspection in Katowice (Stały Polubowny Sąd Konsumencki przy Śląskim Wojewódzkim Inspektorze Inspekcji Handlowej w Katowicach). An arbitration agreement may be made after the dispute has arisen (art. 1164¹ of the Act of 17 November 1964 – the Code of Civil Procedure (ustawa z dnia 17 listopada 1964 r. – Kodeks postępowania cywilnego)).
  3. The Consumer may also seek assistance from the municipal or district consumer ombudsman or from the provincial inspector of the Trade Inspection. A Consumer resident in another Member State of the European Union may apply to the European Consumer Centre in his or her own country.
  4. Recourse to out-of-court methods of dispute resolution is voluntary and does not exclude the right to pursue claims before a court.

CHAPTER IX. SERVICES PROVIDED BY ELECTRONIC MEANS

§ 23. Types and scope of services

  1. The Service Provider provides the following services by electronic means in the Website at no charge:
    1. making the content of the Website available;
    2. preparing an Enquiry or a booking message, which the User transmits to the Service Provider by means of the WhatsApp messenger or by e-mail;
    3. remembering on the User's device the choices made in the Website, to the extent described in the Privacy Policy;
    4. sending the ChikApart letters by e-mail to a User who has joined them and confirmed his or her e-mail address (hereinafter: the "Cercle ChikApart").
  2. The agreement for the provision of the service referred to in para. 1 points 1 and 3 is concluded when the use of the Website begins and terminates when the use of it ceases. The agreement for the provision of the service referred to in para. 1 point 2 is of a one-off nature and terminates when the message is transmitted or when its transmission is abandoned. The User may terminate each of these agreements at any time, without giving a reason, by ceasing to use the Website.
  3. The Service Provider may temporarily suspend the operation of the Website in order to carry out technical work or to ensure security.
  4. The agreement for the provision of the service referred to in para. 1 point 4 is concluded for an indefinite period at the moment when the User confirms the e-mail address by means of the link contained in the confirmation message. The User may terminate it at any time, without giving a reason and at no charge, by means of the link contained in each letter or by a message to the Service Provider; the termination takes effect without delay. The Service Provider may terminate it for valid reasons, in particular if the Cercle ChikApart is discontinued, with 14 days' notice given by e-mail.
  5. A User who has joined the Cercle ChikApart receives a personal welcome code. The code may be used once, only by that User, for the first Agreement concluded directly with the Service Provider and not through a booking platform, within 12 months from the confirmation of the e-mail address; the Guest states the code in the Enquiry. The advantage granted by the code is specified in the welcome letter and in the Offer. It cannot be combined with other advantages and is not exchangeable for cash, and the code cannot be transferred to another person.

§ 24. Technical requirements and obligations of the User

  1. Use of the Website requires a device with Internet access and a current version of a web browser that supports JavaScript and the browser's local storage. Transmitting a message requires the WhatsApp application or an e-mail program.
  2. The User may not supply unlawful content or use the Website in a manner that infringes the law, good morals or the rights of third parties.

§ 25. Special risks

  1. Use of the Internet involves risks, in particular malware and attempts to extract data (phishing).
  2. The Service Provider never requests, in the Website or in messages, payment card details, passwords or codes. The Payment Partner's payment link is sent exclusively from the number +48 577 774 949 or from the address arregalrise@gmail.com. If in doubt about the authenticity of a message, the Guest contacts the Service Provider at the number indicated in § 1 para. 4.

§ 26. Intellectual property rights

The content of the Website, including photographs, texts, recordings and the ChikApart mark, is protected by the provisions of the Act of 4 February 1994 on copyright and related rights (ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych). The rights to it belong to the Service Provider or have been granted to it under a licence; the authors of the photographs are indicated on the page with information about authors. Copying, distributing and other use of this content beyond fair use requires the prior written consent of the Service Provider.

CHAPTER X. PERSONAL DATA

§ 27. Protection of personal data

The controller of the personal data of Guests and Users is the Service Provider. The rules for processing personal data, including the legal bases, recipients, retention periods and the rights of data subjects, are set out in the Privacy Policy available in the Website.

CHAPTER XI. FINAL PROVISIONS

§ 28. Consumer rights

  1. No provision of the Terms excludes or limits the rights of a Consumer or an Entrepreneur with consumer rights arising under mandatory provisions of law. In the event of a conflict between a provision of the Terms and such provisions, those provisions apply.
  2. Ambiguous provisions of the Terms are interpreted in favour of the Consumer (art. 385 § 2 KC).

§ 29. Governing law

  1. Polish law applies to Agreements and to agreements for the provision of services by electronic means.
  2. The choice of law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement, to the extent that those provisions apply under art. 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (Rome I).

§ 30. Jurisdiction

  1. Disputes with Consumers are resolved by the court competent under the general rules, including, in cross-border matters, under art. 17–19 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 (Brussels I bis).
  2. Disputes with Guests who are neither Consumers nor Entrepreneurs with consumer rights are resolved by the court having territorial jurisdiction over the registered office of the Service Provider.

§ 31. Language versions

  1. The Terms have been drawn up in Polish. Their translations into English, French, Arabic, Chinese and Japanese are auxiliary in nature.
  2. In the event of a discrepancy between the Polish version and a translation, the Polish version prevails, subject to § 28 para. 2.

§ 32. Amendment of the Terms

  1. The Service Provider may amend the Terms for valid reasons, in particular in the event of a change in legal provisions, the issuing of a judgment or a decision of an authority, a change in the scope of the services provided or the functions of the Website, or the need to ensure security.
  2. Agreements concluded before the date on which the amendment enters into force are governed by the Terms in the wording in force on the date of conclusion of the Agreement. The exception is where the amendment is favourable to the Guest and the Guest has consented to it in Documentary form.
  3. An amendment of the Terms concerning services provided by electronic means enters into force after 7 days from the date of its publication in the Website. A User who does not accept the amendment may terminate the agreement for the provision of those services by ceasing to use the Website.

§ 33. Entry into force

The Terms enter into force on 5 November 2026.

The amendment of 6 November 2026 introducing the Cercle ChikApart (§ 23 para. 1 point 4 and paras. 4 and 5) enters into force on 13 November 2026.

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