Regulations
1. DEFINITIONS
Apartment: Premise leased by the Customer under the Agreement between the Customer and the Company
Price: Price for the Service, specified in Booking confirmation
Arrival Day: The date specified in Booking confirmation on which Service shall be commenced
Departure Day: The date specified in Booking confirmation on which Service shall be terminated
Customer: Natural person, legal person, organizational unit with no legal personality, which makes the Booking and is a party to the Agreement. The person, who accompanies the Customer and
is entitled to stay in the Apartments upon the Agreement, shall be deemed as the Customer as well.
Booking confirmation: Confirmation of the conclusion of the Agreement between the Company and the Customer consisting of at least: indication of the Apartment, number of guests entitled to stay in the Apartment, Arrival Day, Departure Day, the Price and this Regulations or website link consisting of the Regulations.
Regulations: This document
Booking: Customer’s declaration of will made to the Company in electronic, verbal or written form, stipulating intention of concluding the Agreement, consisting of at least: Apartment, Arrival Day, Departure Day, number of guests.
Website: Website administered and owned by the Company, which is accessible via internet address www.ermine-suites.com
Company: AL APARTMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ z siedzibą w Krakowie, 30-518, ul. Rynek Podgórski 8/3, Numer KRS 0000642673, NIP 6793135240, REGON 365676370
Agreement: Lease agreement concluded between the Company and the Customer under the conditions indicated in Booking confirmation
Service: The lease of the Apartment.
2. THE OBJECT OF THE REGULATIONS
2.1. Regulations determines the rules of providing services, liability rules, rights and obligations of the Customer and the Company towards each other.
2.2. Regulations are an integral part of the Agreement between the Customer and the Company.
2.3. By conclusion of the Agreement, the Customer confirms that he acknowledged the Regulations and obliges himself to observe its conditions.
2.4. Regulations is available on the Company’s website www.ermine-suites.com
3. BOOKING OF THE APARTMENT AND CONCLUSION OF THE AGREEMENT
3.1. The Customer is entitled to book the Apartment:
3.1.1. via Company’s Website;
3.1.2. via website, which Company has concluded co-operation agreement with;
3.1.3. via telephone +48 533 563 000 or via e-mail : [email protected] at the customer service
3.2. The Agreement shall be deemed as concluded upon the dispatch of the Booking confirmation to the Customer by e-mail or SMS to the e-mail or telephone number indicated by the Customer in the Booking.
3.3. Content and scope of the Agreement as well as the rights and obligations of the Company and the Customer are stipulated in the Booking confirmation.
3.4. In case of any doubts regarding the content of the Agreement, in particular information specified in Booking confirmation, the Customer is obliged without delay, but not later than:
3.4.1. within 2 hours from receiving the Booking confirmation – if Booking is made later than 3 days before Arrival Day,
3.4.2. within 24 hours from receiving the Booking confirmation – if Booking is made at least 3 days before Arrival Day , to notify the Company about doubts or misconceptions steamed from the
Agreement due to Customer’s judgement. If no notification is received, Agreement shall be deemed concluded under terms and conditions specified in Booking confirmation. Regardless of the fact whether Customer arrives to the Apartment on Arrival Day or uses the Service, the Company is entitled to charge the Price for the entire Service, meaning: the entire period of the Booking.
3.5. The Company is obliged to perform the Agreement and obligations indicated in Booking confirmation and is liable for non-perfomance or misperformance of these obligations. In case of granting the Customer any reductions, bonuses, additional benefits or services that are not mentioned in the Booking confirmation but are the subject matter of the Company’s offer, Company shall not bear responsibility for non-performance or misperformance of such services, unless non-performance or misperformance of these services shall be a violation of the legal regulations which are in force.
4. CHECK IN, HOTEL DAY AND CHECK OUT
4.1. The Customer is entitled to arrive in the Apartment on Arrival Day between 15:00 and 11:00 next day. Nonappearance of the Customer on the Arrival Day till 11:00 next day at location indicated in Booking confirmation without prior notification made to the Company via telephone call, e-mail or SMS about possible late arrival, shall be understand as Customer’s resignation of the right to perform the Service for the entire period of the Booking and in such situation, the Company is entitled to indicate the Apartment as free for booking for other people. Notwithstanding the foregoing, Customer is obliged to pay full Price indicated in Booking confirmation.
4.2. Upon the arrival to the place, the Customer is obliged to present a valid identity document with a picture confirming Customer’s identity, sign the registration card, pay the Price for the stay and extra charge for additional services ordered upon the Booking. In the event of non-performance of any of the aforementioned obligations, Company reserves the right to submit a verbal call for performance of such obligation and if Customer fails to execute that obligation, Company reserves the right to renounce the Agreement on the grounds of Article 4921 of polish Civil Code. If the Company decides to exercise a right to renouncement of the Agreement, any amount of the money that has been paid or secured on Customer’s credit or debit card shall be charged and shall be put towards the compensation due to Company for Customer’s non-performance or misperformance of the Agreement, which is equivalent to the Price indicated in the Booking confirmation.
4.3. Company may request Security deposit for potential damages for any damage made by the Customer in the Apartment ( including equipment). Security deposit is paid in the form of cash or credit card.
4.4. Security deposit shall be returned to the Customer after his stay in the Apartment and after the inspection of the Apartment, provided that the Customer has not done any damage to the Apartment. Appendix 1 hereto indicates prices for damages of exemplary equipment of the Apartment.
4.5. Security deposit also constitutes a guarantee of a proper performance of the Agreement and Company is entitled to make deductions from security deposit for fees specified in paragraph 4.10. The Customer, who has voluntarily disclosed his credit or debit card details upon the Booking gives consent to charge his account for every fees or receivables due to the Company, within the scope of the authorization performed in accordance with banking law.
4.6. Under the Agreement, Customer is entitled to stay in Apartment from 15:00 of the Arrival Day to 11:00 of the Departure Day.
4.7. In the case of the appearance of more people, than is indicated in the Booking, provided in the Apartment there are additional accommodation places, the Company is entitled to give permission to increase number of guests, provided that additional fee will be paid in accordance with Price list published on Website.
4.8. Customer obligations with accordance to the check-out of the Apartment:
4.8.1. To 11:00 of Departure Day Customer is obliged to:
4.8.1.1. reinstate the Apartment to it’s original state and condition,
4.8.1.2. inform the Company about willing to prolong the reservation. If availability allows , Company can agree and Client will pay extra night according to the price list.
4.9. In the case of not leaving the Apartment till the time indicated in paragraph 4.8.1 the Company has right, after informing the Customer in advance to pack Customer belongings and remove to safety room.
5. LIABILITY AND OTHER OBLIGATIONS
5.1. The Company shall not be held liable for movables left in the Apartment. Each Apartment is equipped with safety box. It’s recommended to keep valuable staff in safety box.
5.2. Movables left in the Apartment may be collected within 6 months of the Departure Day. After the expiry of the aforementioned period Customer authorizes Company to dispose of movables. Notwithstanding the foregoing, the previous regulations shall not be applicable to groceries, which are utilized upon Apartments’ cleaning due to sanitary standards.
5.3. Customer is not entitled to transfer any rights and obligations resulting from the Agreement to a third party. The Company is entitled to transfer rights and obligations from the Agreement to a third party, but in that case the Company bears joint and several liability for proper performance of the Agreement.
5.4. The Customer is not entitled to:
5.4.1. smoke cigarettes or use any other intoxicants in the Apartment;
5.4.2. lit candles in the Apartment
5.4.3. have any visitors or third parties that are not indicated in Booking between 22:00 and 8:00;
5.4.4. disturb the silence at night between 22:00 and 6:00.
5.5. If the administrator of the building, where Apartment is located, publishes a Statute or any other regulations, the Customer is obliged to obey these rules.
5.6. In the case of improper performance of the Agreement by the Customer, in particular when the Customer has not paid any of the receivables due to the Company, the Company is entitled to not accept subsequent Booking and has a right to reject an offer of concluding subsequent Agreement with the Customer. If the Company acknowledges the fact of the improper performance of the previous Agreement concluded with this Customer on the Arrival Day, Company has a right to renounce the Agreement providing that Company will return the advance payment made by this Customer.
5.7. Due to fire regulation it is forbidden to use any devices using electric energy or gas which are not the equipment of the Apartment such as heaters, radiator, gas cooker and which may cause the fire risk. It is forbidden to bring to the Apartment any flammable materials, explosives, and any other materials which may give off an unpleasant smell.
5.8. Every time the Customer is leaving the Apartment, the Customer is obliges to check if the Apartment is properly closed. It is forbidden to remove any movables or equipment of the Apartment (e.g. towels, blankets, pillows or any other devices). The Customer is obliged to take care of the Apartment, to switch off the lights, to close the windows and turn off the water.
5.9. The Customer gives his consent to process personal data for the check-in and check-out purposes as well as to put his data in the Company’s base due to the personal data protection Act of 25.05.2018. The Customer reserves the right to change or access to his data.
5.10. The Customer gives his consent to issue VAT invoices without his signature.
5.11. The Customer is obliged to notify any defects in the Apartment immediately after its disclosure. If not reported, The Customer bear liability for any defects or damages of the Apartment as well as its equipment or any movables in the Apartment.
5.12 The Customer is obligated to use all equipment according to instructions.
5.13. The Customer is entitled to receive any additional services indicated in the Price List, posted on the Website.
5.14. The Customer obliges himself to use the Apartment only for housing purposes and is not entitled to payable or free o charge sublease the Apartment to the third parties.
5.15. Without prior written consent of the Company, any pictures of videos made in the Apartment, on which the equipment of the Apartment is visible shall not be shared or disclosed.
5.16. It is forbidden to organize parties or any other event which may disturb the order in the Apartment. In the case of the Customer’s infringement of that regulations the Customer is obliged to cover or damages cause to the Apartment, as well as to pay any potential damages or public receivables which the Company shall be obliged to pay due to improper performance of the Agreement by the Customer.
5.17. The Company reserves the right to terminate the Agreement with an immediate effect, if the Customer do not obey the rules hereof, in particular:
5.17.1. allows to stay in the Apartment by larger amount of people than stipulated in the Agreement;
5.17.2. infringes the regulations stipulated in sec. 5.4; 5.7; 5.14; 5.16.
5.18. The declaration of termination of the Agreement, referred to in sec. 5.17, shall be submitted to the Customer in any form.
5.19. In case the Company exercise its right stipulated in sec. 5.16 the Customer is obliged to leave the Apartments and to cover all costs incurred by the Company due to improper performance of the Agreement by the Customer. The company is in particular entitled to keep the Security Deposit as well as charge the credit or debit card by additional fees incurred in connection with Customer’s improper performance of the Agreement.
6. HIGHER POWER
6.1. In the event of unforeseeable circumstances, the effects of which shall not be immediately resolved by customary means, the Company has the right to propose to the Customer a replacement Apartment. In such a case, the Customer is entitled to withdraw from the Agreement.
6.2. In the circumstances mentioned in sec. 6.1. amounts paid by the Customer are subject to immediate return, with deductions of amounts due to the Company for services already performed.
7. COMPLAINTS
7.1. In the event of non-performance or improper performance of the Agreement by the Company, the Customer has the right to file a complaint within 14 days of their occurrence.
7.2. Complaints should be sent to the e-mail address [email protected] or the
Company’s registered office address with an detailed description.
7.3. The Company shall consider the complaint within 30 days from the date of its receive and shall inform the Customer about the decision in the form in which the complaint has been submitted.
7.4. The Company indicates that if the Customer is unable to check in at the apartment due to the so-called “overbooking”, the Customer may be entitled in addition to the replacement Apartment, to receive a free transfer to the airport in Balice or a free breakfast. In the case of accepting the compensation referred to in the preceding sentence, the Customer waives all other claims against the Company for “overbooking”.
8. FINAL PROVISIONS
8.1. In the event of a dispute under the Agreement, the parties shall seek an amicable settlement.
8.2. The law applicable to the settlement of any disputes arising hereunder shall be the Polish law.
8.3. In the event of a dispute it shall be resolved by a court with jurisdiction according to the performance of the Agreement which is the curt with jurisdiction over the place of location of the Apartment.
8.4. The Regulations has been executed in two identical counterpart, in case of any discrepancies polish version shall prevail.
