Before making a reservation at Apartments w Karkonoszach, please read these Terms and Conditions and accept their content. These Terms and Conditions comply with the provisions of Art. 8.1 point 1 of the Act of July 18, 2002, on the provision of services by electronic means (consolidated text Journal of Laws of 2016, item 1030, as amended).
§1. [Definitions]
- Apartmenty w Karkonoszach Aleksandra Kusz, based in Karpacz, [postal code 58-540], at ul. Kąpielowa 5B/51, REGON: 527184265, NIP: 6112681037; — Service Provider within the meaning of the Act of July 18, 2002, on the provision of services by electronic means (consolidated text Journal of Laws of 2016, item 1030, as amended);
- Guest — a natural person who is a party to the accommodation service contract concluded with Apartments in the Karkonosze Mountains, obliged to comply with these Terms and Conditions; Recipient of the service within the meaning of the Act of July 18, 2002, on the provision of services by electronic means (consolidated text Journal of Laws of 2016, item 1030, as amended).
- Service — the website Apartments in the Karkonosze Mountains available at: www.apartamentywkarkonoszach.pl
- The operator of the Service is Aleksandra Kusz described in point 1 of the Definitions;
- Apartments – premises intended for short-term rental, registered in the record of facilities providing accommodation services, so-called non-categorized – in the category of objects not being hotel facilities, [in accordance with the Act of August 29, 1997, on hotel services and the services of tour guides and tourist guides Journal of Laws 1997 No. 133 item 884, consolidated text Journal of Laws of 2020, item 2211, as amended], described on the website, managed by Apartments in the Karkonosze Mountains under separate agreements concluded with the owners of the premises, diverse in terms of equipment, location, number of accommodation places, types of beds, and availability of parking or Wi-Fi. The offered premises, due to their purpose for tourist rental, bear traces of regular use;
- Photos — sample photographs posted on the Apartments in the Karkonosze Mountains website, taken at the time the premises were taken under management. The photos do not show traces of current wear of the apartments, scratches, insignificant changes in equipment from the perspective of accommodation service, nor other traces resulting from regular use of the premises. The condition of the apartment may slightly differ from the photos presented in the Apartments in the Karkonosze Mountains offer.
- Apartment rental agreement — short-term rental agreement concluded between Apartments in the Karkonosze Mountains and Guests, upon receiving confirmation of the reservation under the terms specified in these Terms and Conditions, to which the Act of June 21, 2001, on protection of tenants’ rights and municipal housing stock (Art. 2.1 point 4 of the Act, consolidated text Journal of Laws of 2016, item 1610, as amended) does not apply;
- Parking space — assigned free of charge to a given apartment for one passenger car, designated in a parking lot or garage, individually indicated in the apartment description. Parking spaces assigned to the apartment are located on areas managed by Housing Communities, organizationally and legally independent of Apartments in the Karkonosze Mountains; therefore, despite their indication, the parking spaces are not guaranteed by Apartments in the Karkonosze Mountains and are not included in the price of the accommodation service;
- Mass media — television and internet signals /Wi-Fi/ provided free of charge in selected apartments, individually indicated in their description, generally accessible. Mass media are broadcast by external providers independently organized and legally separate from Apartments in the Karkonosze Mountains; therefore, despite their indication, mass media are not guaranteed by Apartments in the Karkonosze Mountains and are not included in the price of the accommodation service;
- Registration procedure — a set of actions performed by Guests, involving in particular: presenting a valid identity document, filling out the registration card legibly and by hand, confirming prior acquaintance with the regulations, and paying any outstanding fees. Failure by Guests to complete the registration procedure prevents Apartments in the Karkonosze Mountains from providing the accommodation service. In case of refusal by Guests to comply with the registration procedure, the reservation is canceled and the deposit is non-refundable;
- Accommodation day — designated time of stay in the apartment, starting at 16:00 on the first day of the reserved term and ending at 11:00 on the last day of the reserved term;
- Accommodation service — service provided by Apartments in the Karkonosze Mountains to Guests, consisting of providing accommodation in the selected apartment. The accommodation service does not include access to mass media or parking space, meaning that lack of access to mass media or parking does not affect the quality and correctness of the accommodation service;
- Accommodation service costs — fees charged to Guests for the accommodation service in the apartment, calculated without access to mass media and parking space;
- Deposit — a fee charged optionally as indicated by Apartments in the Karkonosze Mountains, serving to secure potential claims in case of damage caused by Guests;
- Local tax — a fee charged to Guests according to currently applicable City Council Resolutions concerning the introduction and determination of local tax rates, payment deadlines, and collection methods;
- Platform service fees – fee paid to Apartments in the Karkonosze Mountains by Guests making reservations on paid platforms (outside the Apartments in the Karkonosze Mountains service), each time added to the reservation price on the platform;
- Reservation form — an online form posted on the website, used for online accommodation service reservations;
- Electronic address – a designation of an ICT system enabling communication by electronic means, in particular email;
- Information and Communication System — a system of cooperating IT devices and software ensuring processing, storage, sending, and receiving data via telecommunications networks, within the meaning of the Telecommunications Law of July 16, 2004 (Journal of Laws of 2014, item 243, as amended);
- Online reservation — reservation of accommodation services made within an ICT system;
- Telephone reservation — reservation of accommodation services made by Apartments in the Karkonosze Mountains at the Guest's oral request during a phone call. Payment of a deposit/prepayment means acceptance of the reservation terms and conditions described in the regulations;
- Force Majeure — an external event impossible to foresee or prevent, including in particular: natural phenomena and catastrophes, strikes, wars and riots, state of emergency, and deprivation of the apartment by suppliers of electricity, gas, heating energy, water, TV signal, Wi-Fi / Internet, as well as failures and defects for which Apartments in the Karkonosze Mountains are not responsible;
- Provision of service by electronic means — performing a service provided remotely without the simultaneous presence of the parties, through transmission of data via an ICT system.
§ 2. [General reservation conditions]
- Apartments in the Karkonosze Mountains provide accommodation services to Guests within the scope and under the conditions specified in the Terms and Conditions.
- Guests are obliged to comply with the Terms and Conditions.
- The price of the accommodation service is determined individually at the time of placing the reservation and takes into account the date, number of persons, length of stay, and other offer elements.
- In case of reservation through the website's reservation system, the price is binding at the moment of placing the order.
- In case of telephone reservation, the price is confirmed by the Guest via bank transfer (payment = acceptance of price and Terms and Conditions).
- The Guest is obliged to pay the deposit indicated in the reservation conditions. Failure to pay results in cancellation of the reservation.
- The remaining payment for the stay must be paid by bank transfer/online payment or cash no later than on the day of arrival (unless the offer conditions state otherwise).
- For external reservations (e.g., Booking.com), payment rules and cancellation conditions are determined by the given platform. The service provider is not responsible for errors of these platforms.
- Making a reservation via the website, by phone, or through external booking platforms means acceptance of these Terms and Conditions.
- The rental agreement is concluded upon the Guest receiving a reservation confirmation from the Service Provider.
- Guests make online reservations of accommodation services by performing actions recommended by the reservation system.
These actions include:
a. filling out the Reservation Form indicating the selected apartment, stay date, number of persons, as well as contact data such as first name, last name, email address, mobile phone number,
b. making a statement (by checking the appropriate box on the reservation form) of having read and accepted the Terms and Conditions,
c. making a statement (by checking the appropriate box on the reservation form) of consent or refusal to receive commercial information electronically,
d. selecting the book option on the reservation form.
- Immediately after making the online reservation, Apartments in the Karkonosze Mountains send a confirmation to the email address provided in the reservation form, indicating the reservation number, the name and surname of the person making the reservation, length of stay, selected apartment, accommodation service costs, and payment terms.
- The reservation is considered confirmed after payment of the deposit/prepayment amount according to the current reservation conditions.
§ 3. [Arrival and departure policy]
- Apartments in the Karkonosze Mountains carry out the registration procedure as described in the Terms and Conditions.
- The registration procedure is carried out during the hours indicated in the booking confirmation, taking into account the company's working hours.
- Arrival of the Guest outside the company's working hours is possible only after prior individual arrangements.
- Failure of the Guest to report to the registration procedure during working hours, without prior individual arrangements, will result in cancellation of the reservation with loss of the deposit/prepayment.
- By individual arrangements, the Guest, with the consent of Apartments in the Karkonosze Mountains, may skip the registration procedure at the company's headquarters. In this case, the Guest collects the apartment keys from a provided locker after electronically filling out the registration card and paying the full accommodation cost in advance.
- After the stay, the Guest is obliged to return the apartment keys at the designated place or locker by the time specified in the reservation conditions. Any deviations and failure to comply with prior arrangements are the Guest’s responsibility, who is liable for entrusted property.
- When leaving the apartment, the Guest is strictly obligated to close windows, balcony doors, turn off water taps, switch off lights, and lock the entrance door. The Guest is fully responsible for any damage resulting from failure to fulfill these duties.
- If the Guest does not leave the apartment by the time specified in the reservation conditions, the Guest must pay a contractual penalty equal to half the cost of the last accommodation day in that apartment.
- If the delay in returning the apartment keys exceeds 2 hours, the Guest is obliged to pay a contractual penalty equal to the full cost of the last accommodation day in that apartment.
§ 4. [Deposit]
- To secure possible claims for damages, Apartments in the Karkonosze Mountains reserve the right to collect a deposit from Guests up to a maximum of PLN 500/apartment.
- The deposit should be paid and credited to the Apartments in the Karkonosze Mountains bank account no later than on the day of arrival.
- The deposit payment can be made by traditional bank transfer or BLIK phone transfer. All payment information will be sent to the Guest via email provided during reservation.
- If the deposit is not paid, Apartments in the Karkonosze Mountains have the right to refuse accommodation to Guests.
- The deposit is non-interest-bearing. It is refundable after Guests checkout and after inspection of the apartment, but no later than 7 working days after checkout.
§ 5. [Performance of accommodation service]
- The accommodation service provided by Apartments in the Karkonosze Mountains does not include additional cleaning, extra linen and towel changes, additional equipment such as extra beds, cribs, or other items not listed in the apartment description.
- Apartments, except for the so-called starter pack, are not supplied with hygiene and sanitary products, cleaning products, or household items.
- The number of Guests staying in the apartment may not exceed the number specified in the reservation. It is prohibited for Guests to stay in numbers exceeding the maximum capacity indicated on the website.
- If, contrary to the reservation terms, more Guests than the maximum number of places arrive at the apartment, Apartments in the Karkonosze Mountains have the right to refuse accommodation of additional persons or charge an extra fee for their accommodation on the first day of arrival.
- In case of unauthorized stay of persons not covered by the reservation, a fee of PLN 300 per day will be charged for each additional unreported person.
- Guests are obliged to comply with regulations established by Housing Communities operating at the apartment's location, as well as parking rules, internal road traffic, night quiet hours, and health and safety and fire protection rules of the facility. From 22:00 to 6:00, behaviors disturbing residents’ rest are prohibited.
§ 6. [Guest responsibility, violation of Terms and Conditions]
Apartments in the Karkonosze Mountains are entitled to impose additional fees on Guests for particular violations of the Terms and Conditions, in the amounts specified below (“Additional Fee”):
- The Guest is obliged to use the apartment according to its intended purpose and return it unchanged. Removal of any equipment or decoration, rearrangements, or self-repairs are prohibited. In case of violation, the Guest is obligated to cover the costs of restoring the apartment to the state on the day of arrival.
- If dirt exceeding normal wear is left in the apartment, Guests will bear the cost of its removal.
- In case of staining/damage/theft of towels, the Guest must pay a contractual penalty of PLN 70 per piece.
- In case of staining/damage/theft of bed linen (cover, duvet, pillow, sheet), the Guest must pay a contractual penalty of PLN 150 per piece.
- If the sofa/mattress upholstery is stained or damaged, Guests will bear the cost of professional cleaning amounting to PLN 300 per upholstery/mattress.
- Guests are prohibited from subletting the apartment, transferring it to third parties, or copying the keys provided for their stay.
- In case of loss of keys/garage gate remote, the Guest must pay a contractual penalty of PLN 500.
- Smoking is strictly prohibited in the apartments. If this prohibition is violated, the Guest must pay a contractual penalty of PLN 500 per occurrence.
- As a rule, pets are not allowed in the apartments under penalty of PLN 500, unless otherwise individually agreed with the Guest or described on the website.
- In cases of gross, disruptive violation of the Terms and Conditions, Apartments in the Karkonosze Mountains have the right to terminate the agreement immediately and remove the Guest and accompanying persons from the apartment.
- The Guest is responsible for the apartment and entrusted property. In case of damage caused by the Guest or accompanying persons, the Guest must compensate for the full amount. Repair costs will be estimated according to market prices.
- The Guest agrees to deduct additional fees described above from the previously paid deposit. If the value of damages exceeds the deposit amount, Apartments in the Karkonosze Mountains may request additional payment, and the Guest agrees to cover these costs.
- Items left in the apartment by the Guest will be returned at the Guest’s expense. The Guest must provide by email: name, surname, apartment name or reservation number, and description of the left item. All formalities and costs related to the return are the Guest’s responsibility.
§ 7. [Change of date, shortening stay, cancellation, withdrawal from contract, absence]
- The possibility of changing the reservation date depends on the offer selected during booking. Terms of date changes in selected offers are indicated on the website. Depending on the season of the newly chosen date, Apartments in the Karkonosze Mountains will specify the number of days that can be realized at the first reservation price.
- The possibility of cancelling the reservation depends on the offer selected during booking. The paid prepayment amount is refundable within 7 days from cancellation, except for special circumstances related to crisis situations in the country regulated by appropriate laws.
Cancellation rules in selected offers are indicated on the website:
a. “Day price – flexible offer” — to guarantee a reservation, credit card data or 100% prepayment via online payment system is required. Cancellation is free up to 7 days before arrival. Cancellation after that or no-show will be charged 100% of the reservation value.
b. “Non-refundable offer” — requires 100% prepayment; in case of date change or cancellation, the amount is non-refundable and non-transferable.
c. “Longer = cheaper offer” — to guarantee reservation, credit card data or 30% prepayment via online payment system is required. Remaining 70% must be paid 7 days before arrival. Reminders will be sent at least 2 days before due date. All payments are non-refundable. Lack of payment may result in reservation cancellation.
- If the stay is shortened after payment, the amount paid is non-refundable.
- Failure to pay the deposit/prepayment by the date specified in the booking confirmation will result in cancellation of the reservation.
- Canceled reservations can be reinstated upon Guest’s request subject to apartment availability.
- Cancellation less than 7 days before arrival results in non-refundable prepayment.
- Even without cancellation, if the Guest paid the prepayment on time but does not show up during business hours on the scheduled arrival day, the reservation is canceled due to Guest’s fault and the prepayment is non-refundable. The apartment is then released for further booking regardless of prepaid days.
- Guests have no right to withdraw from the accommodation reservation contract pursuant to art. 38 item 12 of the Consumer Rights Act (Journal of Laws of 2014, item 827).
- In case of force majeure preventing fulfillment of the reservation, Apartments in the Karkonosze Mountains, subject to apartment availability, offer a change of date or another apartment of similar standard and price; if not possible, they withdraw from the contract and refund the prepayment.
§ 8. [Service complaints]
- Apartments in the Karkonosze Mountains staff strive to ensure comfortable stays and high quality service.
- If the Guest believes the accommodation service was provided improperly, they have the right to file a complaint. By booking, the Guest agrees to the complaint procedure and confirms that they are familiar with it.
- Complaints may concern apartment quality and cleanliness, and the service provided.
- Under applicable law, Apartments in the Karkonosze Mountains are liable to Guests for non-performance or improper performance of accommodation services under Art. 471 of the Civil Code.
- According to Art. 471 of the Civil Code, the Guest can demand compensation from Apartments in the Karkonosze Mountains for damages due to improper service but must prove the service was defective and that the damage occurred as a result.
- Apartments in the Karkonosze Mountains are liable only when damage results from fault or negligence of their staff under Art. 471 Civil Code.
- The law excludes liability for actions or omissions of third parties unrelated to the company, outside of Apartments in the Karkonosze Mountains' control, including disturbances by others, unauthorized parking in Guest spaces, blocking Guest vehicles, or otherwise interfering with the stay. This exclusion is not due to bad will or negligence but lack of rights over third parties.
- Guests may submit complaints in writing at the company’s office or via email: kontakt@apartamentywkarkonoszach.pl
- For accommodation services provided by non-categorized facilities like Apartments in the Karkonosze Mountains, complaint rules and deadlines are not specially regulated by law. Thus, the complaint procedure accepted by Guests in the Terms is binding.
- Complaints regarding accommodation defects must be reported immediately after discovery, no later than before the end of the stay.
- Complaints about cleanliness must be reported immediately, no later than 2 hours after arrival.
- If the Guest dissatisfied with the service does not file a complaint within the set time, they retain the right to complain later, but Apartments in the Karkonosze Mountains will assess such claims unfavorably because the defect cannot be verified.
- Photos taken by the Guest showing cleanliness defects are accepted as evidence if attached to an immediate complaint. Photos taken after several days of stay are not reliable for determining the initial cleanliness.
- If a cleanliness complaint is filed, Apartments in the Karkonosze Mountains reserve the right to immediately correct the issue by re-cleaning in accordance with the Civil Code. The Guest must participate in the complaint process and allow staff to access the apartment for verification.
- If the Guest prevents staff from making corrections or denies entry to cleaning or maintenance services, their claims for compensation will be dismissed.
- If the Guest complains about technical defects, they have the right to demand free, proper, and timely repair or replacement of defective or missing small equipment.
- If technical defects cannot be fixed due to heating, electricity, water failures, etc., Apartments in the Karkonosze Mountains will, if possible, offer an alternative apartment for replacement.
- If apartment change is not possible, with mutual consent the Guest may decide to stay despite defects, accepting a proportional price reduction, or may withdraw and request a refund.
- In case of improper contract performance by Apartments in the Karkonosze Mountains, the Guest has the right to financial compensation.
- This right applies if:
a. the ordered apartment has technical defects that cannot be fixed, no alternative apartment is available, and the Guest consciously chooses to stay in it. In this case, parties mutually agree on the compensation amount depending on the inconvenience level and its duration relative to the total stay.
- The right to financial compensation does not apply if:
a. reported defects and irregularities were promptly removed;
b. the Guest prevented staff from removing or verifying defects, against the accepted Terms;
c. the Guest refused to change to a defect-free apartment and voluntarily stayed in a defective one despite the offer from Apartments in the Karkonosze Mountains;
d. difficulties, e.g., in water, electricity, gas, heating, TV, Internet, Wi-Fi supply, are caused by external operators such as waterworks, energy, gas companies, municipality units, or Internet and TV signal providers.
e. discrepancies or defects indicated by the Guest are subjective assessments of the apartment's attractiveness and do not hinder the use of accommodation services, including visible scratches, minor discolorations or stains, missing skirting board, missing equipment or furnishings shown in the sample photo but not affecting comfort or service, and normal wear from rental use;
f. dirt and stains were revealed as a result of unusual efforts by Guests in inaccessible areas, e.g., dust behind moved furniture corners, tops of kitchen cabinets, behind baseboards, in drains, or other places requiring special effort clearly aimed at pre-planned price reduction requests.
- Withdrawal from the contract or compensation claims are not possible in case of insignificant defects, e.g., scratched fridge door, scratches on door frames, or other purely aesthetic defects. The significance of the defect should be assessed based on the apartment’s intended use and purpose of rental.
- If, after thorough analysis, Apartments in the Karkonosze Mountains reject the complaint and the Guest disagrees, the matter may be taken to court. The burden of proof lies with the Guest to show damage caused by improper performance of the contract and that the apartment's condition was non-compliant and hindered use.
- Filing a complaint does not exempt the Guest from paying for the part of the accommodation service used.
- Apartments in the Karkonosze Mountains will respond to the Guest's complaint and inform about the outcome in writing or by email.
- A response will be provided within 30 days unless separate regulations specify otherwise.
- The response will include:
a. factual and legal justification unless not required by the nature of the complaint,
b. information on the issue with references to contractual clauses or facility regulations unless not required,
c. identification of the person responding.
- Payment of justified claims or compensation will be made promptly, no later than 30 days after acknowledging the complaint.
- Detailed information on out-of-court complaint resolution and claims procedures for consumers is available at local consumer ombudsmen offices, social organizations, provincial inspectorates of trade inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
- Consumers have the following exemplary options for out-of-court complaint and claim resolution:
a. The Guest can apply to a permanent consumer arbitration court as per Art. 37 of the Act of December 15, 2000, on Trade Inspection; the regulations for these courts are set by the Minister of Justice's ordinance of July 6, 2017;
b. The Guest can apply to the provincial trade inspector for mediation under Art. 36 of the Trade Inspection Act to resolve disputes with Apartments in the Karkonosze Mountains; mediation info is available at inspectorates' offices and websites;
c. The Guest can receive free assistance from the county (municipal) consumer ombudsman or social organizations protecting consumers (e.g., Consumer Federation, Polish Consumers Association); advice is available via Consumer Federation hotline 800 007 707 and Polish Consumers Association email porady@dlakonsumentow.pl;
- The Guest retains the right to file a complaint in common court according to applicable law.
§ 9. [Intellectual property rights]
- All rights to the content on the website belong to Apartments in the Karkonosze Mountains or third parties who authorized their distribution, including texts, logos, graphics, photos, videos, icons presented on the website, which may not be copied or distributed in any form without prior written consent of Apartments in the Karkonosze Mountains.
§ 10. [Personal data protection]
Based on Art. 13 of Regulation (EU) 2016/679 of April 27, 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, we inform that:
- The administrator of personal data is Aleksandra Kusz, conducting registered business under the name Apartments in the Karkonosze Mountains, based in Karpacz, ul. Kąpielowa 5B/51, [postal code 58-540], registered in the CEIDG maintained by the Minister of Development, NIP 612681037.
- Guests’ personal data will be processed for the purposes of:
a. provision of accommodation services in accordance with Art. 6 para. 1 letter b and c GDPR for no longer than 5 years from the end of the financial year of service provision. This includes: name and surname, email addresses, phone numbers, payment card or bank account numbers, stay date information, accommodation preferences, number and ages of persons included in the order, address, tax ID, invoicing data, contact language;
b. marketing of own products, in accordance with Art. 6 para. 1 letter f GDPR until objection is raised, including responding to email inquiries and newsletter subscriptions. This includes: name, email, phone number, inquiry content;
c. documenting the service in compliance with accounting and tax law, in accordance with Art. 6 para. 1 letter c GDPR for no longer than 5 years from the end of the financial year of the service;
d. possible establishment, pursuit, or defense against claims under Art. 6 para. 1 letter f GDPR for necessary duration.
- Depending on consent, personal data will be processed for marketing own products beyond the above periods based on consent under Art. 6 para. 1 letter a GDPR until withdrawn.
- Guests have right of access, rectification, deletion, restriction of processing, and data portability.
- Guests have the right to lodge a complaint to the supervisory authority responsible for data protection.
- Providing personal data is voluntary but necessary to conclude the accommodation service contract and hand over the apartment. Without it, the ordered service cannot be fulfilled.
- Guests’ personal data are not sold but entrusted under agreements to providers of reservation systems and subjected to profiling, i.e., automated processing to assess and determine personal features or user needs.
§ 11. [Final provisions]
- The content of the Terms and Conditions is published on the Apartments in the Karkonosze Mountains website.
- Checking the option to read and acknowledge the Terms before filling out the electronic registration card means that the Guest understands and agrees to the points written in the Terms.
- Failure to check acceptance of the Terms results in inability to use the accommodation service.
- In matters not regulated by the Terms and Conditions, the following laws apply:
a. Act on the provision of services by electronic means - of July 18, 2002 (consolidated text Journal of Laws of 2016, item 1030, as amended); b. Personal data protection act – of August 29, 1997 (consolidated text Journal of Laws of 2016, item 922, as amended); c. Civil Code - of April 23, 1964 (Journal of Laws of 2016, item 380, as amended); d. Tourism Services Act - of August 29, 1997 (consolidated text Journal of Laws 2011, item 432, as amended); e. Consumer Rights Act – of May 30, 2014 (Journal of Laws of 2014, item 827, as amended);