Regulation

I. GENERAL PROVISIONS

1. These Terms and Conditions specify the method of concluding the accommodation rental agreement, the rules of accounting, as well as cancellation of the reservation as part of the Service provided electronically by the Service Provider.

2. These Regulations are the regulations referred to in Article 8 (1) (1) of the Act of 18.07.2002 on the provision of electronic services.

II. DEFINITIONS

1. Service Provider - WILLA ELŻBIECINA SPÓŁKA Z OGRANICONĄ LIABILITY, NIP: 6772389610, REGON: 361652591, ul. Władysława Zamoyskiego 30, 34-500, Zakopane, Poland, e-mail: rezerwacja@willa-elzbiecina.pl, tel. +48 798 869 307.

2. The subject of the lease - the entire object Willa Elżbiecina rented exclusively, together with the SPA building, a garden (with a barbecue on its territory) and a parking lot, constituting a property located in Zakopane at 30 Zamoyskiego Street, 34-500 Zakopane Małopolskie Voivodeship, Tatra County.

3. Offer - the possibility of renting the Rental Object - offered by the Service Provider in order to conclude an accommodation rental agreement via the Website.

4. Guest - a natural person with full legal capacity, a legal person or an organizational unit, referred to in Article 331 of the Civil Code, concluding a lease agreement with the Service Provider.

5. Rental Agreement - a legal act concerning the Subject of the Rental, concluded via the Website upon confirmation of the reservation, regulating all mutual rights and obligations of the Service Provider and the Guest. These Terms and Conditions are an integral part of the concluded agreement. The provisions of the Act of 21.06.2001 on the protection of tenants' rights and the housing resource of the municipality do not apply to the agreement.

6. Website - presentation of the Service Provider's Offer on the Internet, enabling the conclusion of the Rental Agreement on-line;

7. Electronic Booking Form - a form posted on the Website enabling the conclusion of the Rental Agreement;

8. Total Price of the Service - the total price of the service indicated during the booking, including all receivables arising from the concluded Rental Agreement for taxes and any public tributes.

9. Privacy and Cookies Policy of the Website — a document specifying detailed rules for the processing of personal data and the use of cookies. Privacy and Cookies Policy constitutes Appendix No. 1 to the Terms and Conditions and is available at https://www.willa-elzbiecina.pl/polityka-prywatnosci

III. GENERAL PROVISIONS

1. Types and scope of services provided electronically:

• concluding accommodation rental agreements with additional services;
• sending e-mail messages in which the Service Provider confirms the creation of the reservation with its terms and conditions and the date of payment;
• rules for registering and using the Account within the Website.

2. Using the Website is possible provided that the IT system used by the Guest meets the following minimum technical requirements:

• Internet browsers, i.e. Firefox, Chrome, Internet Explorer in the current version,
• any program from viewing files in PDF format,
• have an active and properly configured email account.

IV. METHOD OF CONCLUDING THE CONTRACT

1. The subject of the Agreement is the exclusive lease of the Rental Object offered by the Service Provider via the Website along with any additional services. The contract is concluded via the Electronic Booking Form in the following steps - the exact designation by the Guest of the date of start and end of the stay, making the choice of accommodation, declaring the number of people, choosing additional services.

2. After the Guest provides all the necessary data, a summary of the reservation will be displayed. In order to make a reservation, it is necessary to provide in the Electronic reservation form personal data marked as mandatory, accept the content of the Regulations, send a reservation by pressing the [Place order] button.

3. The lease agreement is considered to be concluded at the time of acceptance by the Service Provider of the Electronic Booking Form, which is confirmed by displaying a message confirming the acceptance of the reservation and providing its number.

4. After concluding the contract, the Guest receives an e-mail containing confirmation of the concluded contract with an indication of all relevant provisions thereof, in particular specifying the Total Price of the Service, the date and method of payment and the conditions for accepting and cancelling the reservation. In the case of requiring prepayment, the deadline for its payment is indicated along with information about the consequences of the ineffective expiration of the payment deadline. Failure to pay prepayments (understood as the impact of funds on the Service Provider's account) within the dates indicated in the e-mail messages results in the cancellation of the reservation and withdrawal by the Service Provider from the concluded Accommodation Rental Agreement without setting an additional period for the fulfillment of the benefit and without reimbursement of advance payments paid earlier.

5. The rental price includes the costs of additional rental services, including costs of energy, water, heating and air conditioning, as well as costs related to washing bed linen, towels, cleaning the entire facility, costs of coffee service (1 kg of coffee), tea service (tea starter set), delivery of wood to the garden fireplace, costs related to the use of laundry (by prior agreement) serviced) costs of access to wired and wireless broadband Internet access in rooms and common areas, costs the export of municipal waste.

6. Accommodation in Villa Elżbiecina takes place on the day of arrival from 15:00 CET, while check-out should take place on the day stipulated, as the last day of stay until 12:00 CET. Early check-in and late check-out is possible only upon prior arrangement of the time of arrival/departure with the Service Provider, taking into account the on-going availability of the facility at a given date.

7. It is not possible to give the accommodation subject to the Offer in sublease and to transfer or make available to third parties without the written consent of the Service Provider.

V. CANCELLATION AND RESERVATION

1. Failure to perform the actions described in the message containing the confirmation of acceptance of the reservation within the required time results in automatic cancellation of the reservation and withdrawal by the Service Provider from the concluded Agreement without setting an additional period for the fulfillment of the service.

2. Cancellation or change of booking is possible via the link contained in the e-mail or by contacting the Service. Using the link in the e-mail allows automatic, immediate cancellation of the reservation on the terms accepted in the process of placing the order in the Electronic Booking Form.

3. In case of cancellation of the booked stay, the lease agreement expires and the Lessor is obliged to return within 5 working days for reservations concluded as refundable:

• 100% of the advance payment paid in case of cancellation notified more than 60 days before the start of the stay. However, this amount shall be duly reduced by the Lessor's costs for commissions or fees arising from bank operations or on payment cards, in accordance with the fee or commission tables issued by the bank, intermediary payment institutions or card issuer.
• 50% of the advance payment paid, which is 15% of the total rent in case of cancellation notified from 60 to 30 days before the start of the stay
• 50% of the total rent paid in case of cancellation notified from 29-14 days before the date of start of stay,
• 20% of the total rent paid in case of cancellation up to 7 days before the start date of stay.

4. Failure to take over the subject of the lease agreement by the Renter within 24 hours from the agreed date shall be considered a withdrawal of the Renter from this agreement, unless before the expiry of this period the Renter contacts the Lessor and indicates a new date for taking over the subject of the lease agreement, which, however, does not affect the end date of the lease. In each of these cases, the advance payment paid or the total rent paid shall be retained by the Lessor, as if the Renter had taken over the subject of the lease agreement within the originally agreed date.

5. Reservations concluded as non-refundable shall not be allowed to return the funds paid.

VI. PAYMENTS and REFUND

1. The Tenant's payments resulting from this agreement, in particular the required advance payments, rent, guarantee deposit, fees for additional services, will be made by bank transfer to the Lessor's account BIC/SWIFT: BREXPLPWOMB, account number: PL29 1140 2004 0000 3802 7592 0993 for PLN (or PL391140200400003112101308083 72 for deposits in EURO), with a payment card in Polish currency (PLN) or EURO. Any settlements related to the reimbursement of any receivables to the Renter shall be carried out in the currency in which they were paid.

2. The entity providing online payment services in the field of card payments is Autopay S.A.

3. Available payment methods are: ordinary bank transfer, quick transfer PAYNOW, BLIK, payment cards: Visa, Visa Electron, Mastercard, Master Card Electronic, Maestro.

4. The date of acceptance of the prepayment and/or final payment for the reservation via any form of payment indicated in paragraph 3 shall be the date of crediting the Lessor's bank account.

5. In the event of the need to return funds by the Lessor Renter, the Lessor shall refund the payment using the same method of payment as used by the consumer, unless the consment has expressly agreed to another method of return, which does not involve any additional costs for him.

VI. COMPLAINTS

1. In case of finding incompatible with the Agreement for the provision of services, the Guest should submit any complaints in writing or in the form of an e-mail within 14 days from the date of termination of the stay.

2. The complaint should contain the Guest's data: name, surname, e-mail address provided during the booking, indication of the problem.

3. The Service Provider considers the complaint within 14 days of its receipt, of which it informs the Guest in the same form: written or electronic.

4. If the information provided in the complaint needs to be supplemented, the Service Provider will ask for their supplementation within the time limit set for the complaint. The deadline referred to in point 3 runs for the Service Provider from the moment of receipt of the supplemented complaint.

5. In the event of refusal to take into account the complaint, the Service Provider is obliged to substantiate in detail in writing or in electronic form the reason for the refusal.

VII. WARRANTY DEPOSIT

1. The Service Provider reserves the right to collect a guarantee deposit from the Guest in order to secure its claims in the event of events resulting in damage to the Rental Object. For this reason, the Guest is obliged not later than on the date of taking over the Rental Object at the request of the Service Provider to make a guarantee deposit in the amount of not more than the equivalent of one daily rental rate.

2. The amount needed to cover the costs of restoring the Rental Item to its condition prior to the occurrence of the event that caused damage or destruction of the Rental Item will be deducted from the deposit. If the amount of security deposit turns out to be insufficient to cover damages caused by the Guest's fault, the Guest is obliged to cover the damage in full, on the basis of an incriminating note issued by the Service Provider and documents showing the amount of damage.

3. The deposit is returned to the Guest within 2 working days from the end of the lease, while the date of return is considered to be the date of debit of the Service Provider's bank account. Commissioning of the deposit return procedure within the deadline set above is related to the need to determine the technical condition of the subject of the lease by the Service Provider. In a situation where its use by the Guest has caused damage or other events that justify the necessity of securing the claims of the Service Provider, the provisions provided for in point 2 will apply. In this case, the Service Provider is obliged to immediately, but not later than within the time limit provided for the return of the deposit, notify the Guest about this fact.

4. With the consent of the Service Provider, a blockade of funds on the payment card of the Guest may be established for the guarantee deposit.

5. The amount of the guarantee deposit may also be irrevocably settled by the Service Provider against the rent owed to the Service Provider or remuneration for non-contractual use of the Property.

VIII. FINAL FINDINGS

1. The person making the online reservation is responsible for the correctness of the data provided in the Electronic Booking Form. The Service Provider is not responsible for incorrect selection of the term or incorrectly entered data in the form. In case of irregularities that cannot be corrected by editing the reservation, please contact the Service urgently.

2. Contact details are available in the “Contact” tab, at the top of the booking calendar and in emails.

3. The contract is governed by Polish law.

4. The Customer declares that he has been informed of the content of Article 38 point 12 of the Act of 30 May 2014 on consumer rights, according to which in the case of contracts for the provision of services in the field of accommodation, other than for residential purposes, the consumer does not have the right to withdraw from a distance contract provided for in Article 27 of that Act.