Online booking terms

TERMS AND CONDITIONS
OF BOOKING AND SHORT TERM LEASE OF APARTMENTS

Stay-In Apartments – a sole proprietorship owned by Bartosz Wilczyński with its registered address in Gdansk, Kunickiego str. 39, NIP no.: 5842430933 (hereinafter called “Stay-In”), a party to a short term holiday lease agreement concluded with a guest.
Guest – individual or legal entity (hereinafter called the “Guest”), which is a party to the short term holiday lease agreement of an Apartment being in Stay-In’s disposal and under Stay-In’s management.
Apartment – an apartment described on the web page www.stay-in.pl leased by the Guest for a short term holiday stay.

§ 1
General Provisions
1. This Terms and Conditions of Booking and Short Term Lease of Apartments (hereinafter called “Terms and Conditions”) constitute an integral part of the short term holiday lease agreement concluded between the Guest and Stay-In.
2. Stay-In hereby represents and warrants that under the separate agreement with the owner of the Apartment it is authorized to manage the Apartment and to render lease services to the guest with regard to short term holiday stay.
3. By entering into the lease agreement with Stay-In the Guest agrees that his personal data may be processed by Stay-In to such an extent that is necessary for completion of booking as well as for marketing purposes, all in accordance with Polish Data Protection Law of 29 August 1997 (Journal of Laws No. 133/1997 point 833 as amended).

§ 2
Booking
1. The catalogue of Apartments offered for a short term holiday lease and their detailed description is presented on a webpage www.stay-in.pl.
2. Booking of the Apartments can be done by the Guest either on line on www.stay-in.pl or through electronic transmission (e-mail) or by phone. The Guest hereby represents that he/she is an adult and has full capacity to enter into a lease agreement.
3. After booking the Apartment the Guest shall receive a booking confirmation via e-mail (at such e-mail address as it was provided by the Guest to Stay-In during booking procedure) which shall include description of the Apartment, place and term of stay, as well as lease price and the terms of payment (hereinafter called the “Booking Confirmation”). In the event that the Guest did not receive the Booking Confirmation by e-mail he would be obliged to contact the booking center by phone within 24 hours. Through Booking Confirmation a lease agreement between the Guest and Stay-In is concluded on such terms and conditions as set forth in the Booking Confirmation and this Terms and Conditions.
4. Photos and descriptions that can be found on the webpage are for informational purposes only and they do not constitute an offer under Article 66 Section 1 of the Polish Civil Code.
§ 3
Price for Service and Terms of Payment
1. Price for the short term holiday lease of the Apartment is included in the Booking Confirmation (§ 2 point 3 of this Terms and Conditions).
2. All prices in the Booking Confirmation and on the webpage include 8% of value added tax.
3. The price for the short term holiday lease service paid by the Guest consists of:
a) Booking fee, at the amount of 30% of the price for the short term holiday lease, which is a non-refundable fee for a reservation and preparing of the Apartment for holiday stay of the Guest;
b) Price for leasing the Apartment, at the amount of 70%of the price for the short term holiday lease, which includes cleaning of the Apartment and washing towels and bed linen after the Guest’s stay.
4. The price for the short term holiday lease service does not cover additional cleaning, changing towels and bed linen during Guest’s stay, renting of an infant’s crib, animal’s stay and a parking fee.
5. When booking the Apartment online the Guest shall make payment of the booking fee in a way indicated on the web page www.stay-in.pl (i.e. by credit card, Pay Pal or bank transfer to Stay-In’s bank account within 3 days (72 hours) from receiving the Booking Confirmation
6. When booking the Apartment through email or by phone, the Guest shall, within 3 days (72 hours) from receiving the Booking Confirmation, make payment of the booking fee (30% of the price for the short term holiday lease -§ 3 point 3a above) to Stay-In’s bank account indicated in the Booking Confirmation.
7. In the event the booking fee does not credit Stay-In’s account within the time limit indicated in point 5 or 6 above, the booking shall be automatically canceled and the agreement between Stay-In and the Guest is null and void ab initio.
8. Late payment of the booking fee may restore booking provided Apartments are still available.
9. The remaining portion (70%) of the price for the short term holiday lease (as per § 2 point 3b of this Terms and Conditions) shall be paid by the Guest to Stay-In’s bank account, indicated in the Booking Confirmation, not later than 24 hours before commencement of lease or in cash at the local office of Stay-In on the day of check- in and before keys to the Apartment are collected.
10. In order to secure future claims for damages Stay-In has the right to collect a security deposit from the Guest. No interest is accrued on security deposit. This security deposit is returned to the Guest by Stay-In at the time of Guest’s check out and returning of the keys to the Apartment. The amount of the security deposit varies between 200 PLN and 500 PLN, depending on the size of the Apartment.

§ 4
Changes and Cancelation of Booking by the Guest
1. Changes of booking dates are only allowed if the Apartment is available for lease on the new dates.
2. Stay-In will not imposeadditional charges on changes of booking dates if such changes are made not later than 14 days before the originally booked check in date.
3. In the event when changes of booking dates are not possible and the Guest cancels booking, terminates the lease agreement or does not check-in on a check-in date, the booking fee, as defined in § 3 point 3a of this Terms and Conditions, shall not be refunded.
4. When the Guest terminates the lease agreement on grounds other than Stay-In’s fault, the booking fee shall not be refunded.

§ 5
Changes and Cancelation of Booking by Stay-In
1. Stay-In may only make changes in booking of the Apartment in the event of force majeure that prevents Stay-In from complying with its obligations under the lease agreement concluded with the Guest. Event of force majeure means any event beyond Stay-In’s control, including but not limited to natural disasters, occupation of the Apartment by any state, governmental or public authority for any reason, strikes, wars, riots and the Apartment deprivation of electricity, gas, heating or water supply by suppliers of these media without fault of Stay-In. In the event of force majeure that makes the Apartment unavailable for the Guest, Stay-In shall offer the Guestanother Apartment or change booking for another period of time or terminate the lease agreement and refund the booking fee.
2. Only in exceptional situations(such as break down or malfunctions or failure in the Apartment) may Stay-In offer a substitute apartment to the Guest. The substitute apartment shall be of the similar size and standard and in the same city as the Apartment booked by the Guest. If the Guest does not accept the substitute apartment, the lease agreement terminates and Stay-In shall refund the booking fee and other fees or deposits, if any, paid by the Guest.
3. In the event of changes or cancelation of booking by Stay-In, for reasons other than those described in points 1 and 2 above, Stay-In shall refund the booking fee and other fees or deposits, if any, paid by the Guest and pay a penalty to the Guest at the amount equal to the amount of bookingfee for the Apartment.

§ 6
House Rules
1. Check-in time is at 15.00 hours on the first day of Guest’s stay. The Guest shall check-in at the time agreed with Stay-In. The Guest shall examine the cleanliness and the technical condition of the Apartment right after entering the Apartment. The Guest shall inform Stay-In at least 24 hours before scheduled check-in time if scheduled check-in time falls outside of the working hours of Stay-In’s local office.

2. Check-out time is at 11.00 hours on the last day of the Guest’s booked stay. Not later than at 11.00 hours, or at such other time as may be agreed with Stay-In, the Guest shall return to Stay-in the keys to the Apartment.
3. The Guest is required to obey curfew, safety rules and fire safety regulations in the Apartment and in the building. Between 22.00 hours and 06.00 hours any behavior causing disturbance to residents of the neighboring apartments is prohibited.
4. The Apartment shall be occupied by the Guest solely for the purpose of short holiday stay. The Guest shall not remove any piece of equipment, furniture or decoration from the Apartment. The Guest shall not make duplicates of the keys to the Apartment.
5. Smoking in the Apartment is prohibited. The Guest who does not observe the non-smoking rule shall be charged 300 PLN to cover the cost of dry cleaning of curtains and bed covers in the Apartment.
6. When leaving the Apartment the Guest is required to shut all windows, to lock the door and safeguard the keys.
7. The Guestis responsible to ensure that the number of persons staying in the Apartment does not exceed the maximum number of gests indicated in the Booking Confirmation, in the catalogue or on relevant webpage.
8. The Guest shall not keep any animals in the Apartment unless it is agreed otherwise with Stay-In.
9. The Guest as well as all other persons staying in the Apartment are required to present to Stay-In identity documents (ID, passport) for registration purposes.
10. The Stay-In leaflet placed in the Apartment will contain the telephone number, to be used by the Guestto makerequests or complaints related to the Apartment.
11. The Guest is responsible for any damage to the Apartment, its furniture, decoration and equipment, as well as for any damage to neighboring apartments and premises, reasonable use and wear and tear excepted, caused by the Guest or other persons who stay in the Apartment during term of lease.
12. The Guest is liable to cover all damage described in point 11 above. The Guest shall inform Stay-In about any and all destruction or damage caused by the Guest or other persons who stay in the Apartment during the term of lease.
13. As security for the Guest’s liability described in point 12 above, the Guest shall make a security deposit (set forth in § 3 point 10 above) at the time of check-in. This security deposit shall be refunded to the Guest at the time of check-out. In the event that the Apartment and its condition cannot be inspected while the Guest is present, Stay-In shall check the Apartment within 3 days from the date the Guest returned the keys to the Apartment and shall return the security deposit to the Guest account within 7 days from the date the Guest left the Apartment.
14. To cover damage described in point 11 above, Stay-In may deduct charges from the security deposit and/or debit the Guest’s credit card. All costs of repair will be calculated based on local market prices.
15. If damages exceed the amount of deposit Stay-In may claim the excess from the Guest and the Guest shall pay all amounts due within 5 days from Stay-In’s written demand.
16. Stay-In will charge 300 PLN to the Guest if the keys to the Apartment or remote to a parking lot is lost by the Guest.

§ 7
Check-out Procedure
1. On the last day of stay, before check-out, Stay-In shall inspect the Apartment and its condition.
2. One day before the day of checking out, the Guest shall confirm by phone to Stay-In’s authorized personnel, advised to the Guest by Stay-In, the exact time of check-out.
3. The Guest shall assist Stay-In during inspection of the Apartment conducted by Stay-In before check-out.
4. The Guest shall return all keys and remotes to Stay-In before leaving the Apartment.

§ 8
Guest’s Claims
1. The Guest’s claims mean all suggestions, requests and complaints regarding:
a. Conditions of stay that do not comply with standards described in Stay-In’s offer published on its webpage www.stay-in.pl;
b. Standards of Stay-In’s customer service;
c. Circumstances under Stay-In’s control materially affecting standard of stay in the Apartment.
2. The Guest’s claims shall be submitted to Stay-In in writing or in an equivalent electronic form.
3. Personal data, including current address, e-mail address and a phone number of a person submitting claim as well as a booking number shall be communicated to Stay-In together with claim.
4. The Guest’s claim shall contain: (i) the number and identification of Apartment in question; (ii) detailed description of circumstances under claim; and (ii) accurate description of request or demand.
5. The Guest’s claims that meet the required form and content shall be answered by Stay-In within 14 working days from their receipt.

§ 9
Limitations of Liability
1. Stay-In is not responsible for any interruption of access to booking system on its webpage www.stay-in.pl for reasons out of Stay-In’s control. Stay-In may from time to time undertake upgrade and maintenance of its webpage www.stay-in.pl . The Guest accepts and agrees that these works may interrupt or restrict an access to or usage of the booking system.
2. Neither Stay-In nor the owner of the Apartment shall be liable for any loss or damage to the Guest’s propertythat may occur in the Apartment or within premises which the Apartment is a part of or for any damage to or loss of goods left in the Apartment.
3. Neither Stay-in nor the owner of the Apartment is responsible for any inconvenience that may occur during the Guest’s stay in the Apartment for reasons other than Stay-In’s or the owner’s fault, included but not limited to: interruptions in power, gas or water supply as well as renovations or restoration works conducted within the premises of which the Apartment is a part of or their surroundings and vicinity.