I. General provisions and glossary of terms
- These Regulations define the rules for daily rent of premises located in the building at ulica Pionierów in Mielno. The Regulations have been drawn up in order to provide the Guests with a comfortable and safe stay in F.A.F. sp. z o.o. apartments.
- It is necessary to read all the provisions of these Regulations before entering into a rental agreement.
- The terms used in the Regulations shall have the following meanings:
- 1) Price – gross price per day in the Polish currency,
- 2) Premises – a residential apartment intended for a daily rent,
- 3) Rent – giving the Premises to the Tenant for temporary use by the Landlord in return for the agreed remuneration, for a period not exceeding 31 days.
- 4) Tenant – a natural person with full legal capacity, a legal person or an organisational unit referred to in Article 331 of the Polish Civil Code, concluding a Rent agreement for the Premises with the Landlord
- 5) Rental Agreement for the Premises – an agreement concluded upon confirmation of the booking, which regulates all mutual rights and obligations of the parties. The Regulations constitute an integral part of the concluded agreement,
- 6) Booking – a temporary reservation of the Premises selected by the Tenant in order to conclude the Rental Agreement for the Premises,
- 7) Landlord/FAF – F.A.F spółka z ograniczoną odpowiedzialnością [limited liability company] with its registered office in Mielno at ul. Pionierów 18/2.01, 76-032 Mielno, KRS [National Court Register]: 0000460585,
- 8) Advance Payment: an advance payment within the meaning of Article 394 of the Polish Civil Code, i.e an advance payment given at the conclusion of an agreement means that if one of the parties fails to perform the agreement, the other party may withdraw from it without notice and keep the received advance payment or, if the party gave the advance payment themselves, it may demand twice as much. In the event that the contract is executed, the advance payment shall be credited towards the rental price.
II. Booking and payment
- A stay may be booked:
- 1) in electronic form to the email address: [email protected]
- 2) by phone on (0048) 781 81 81 80
- 3) on-line, via a booking form available on the website mielno-apartments.com
- The following details must be included in the booking: date and planned time of arrival and departure, name of the Premises to be rented, contact details of the Tenant, planned number of the people. Booking may be made by a person over the age of 18.
- After booking the Premises in the manner specified in Section 1 the Tenant shall receive an email with a confirmation of the booking, together with the indication of the material provisions of the agreement, in particular the booking number, the type of the Premises booked, the dates of stay, the number of people, the price of stay, the amount and date of the Advance Payment. The Tenant shall be obliged to check the accuracy of the booking data.
- The Tenant shall be obliged to pay the fee indicated in the email with the confirmation of the booking within 24 hours of its receipt. The fee amounts to:
- 3.1.1) in the case of a refundable offer – 40% of the rental price for the Premises as an advance payment,
- 3.1.2) in the case of a non-refundable offer – 100% of the rental price for the Premises.
- In the case of non-refundable offers, the payment made shall not be refunded, regardless of the Tenant’s use of the Premises.
- The payments are to be made according to the following details:
F.A.F Sp. z o.o. apartments.
Pionierów 18 lok.201 76-032 Mielno
NIP: 499 06 48 215
PKO Bank Polski SA: 21 1020 1462 0000 7702 0314 6503
- Crediting the FAF’s bank account shall be tantamount to concluding the rental agreement for the Premises. After receiving the payment specified in Section 4, the Landlord shall confirm the conclusion of the agreement to the email address indicated by the booker.
- Failure to make the payment within the period specified in the email shall result in the booking cancellation and failure to conclude the rental agreement.
- The remaining amount due for the stay shall be payable in cash or by card on the day of the Tenant’s arrival at the Premises or by bank transfer made at least 3 days before the scheduled arrival specified in the booking. When choosing the option of payment by bank transfer, the Tenant shall be obliged to present a confirmation of the bank transfer on the day of the arrival at the Premises. If the payment has not been made, the Tenant shall not be entitled to access the Premises and the Landlord shall have the right to keep the advance payment
- The Landlord shall be entitled to charge a guarantee deposit to secure any claims. A deposit of PLN 500 shall be collected in the form of a pre-authorisation on a payment card no later than upon the handover of the Premises to the Tenant. The deposit shall be interest-free and returned to the Tenant’s bank account on the terms and conditions specified by the banking institution operating the Tenant’s account after inspecting the Premises and confirming that there are no violations. If the guarantee deposit is collected in cash, it shall be returned within 14 working days of the inspection of the Premises and of confirming that there are no violations to the Tenant’s indicated bank account.
- The fee for the Premises does not include additional cleaning, additional change of linen and towels, additional cleaning products, rent of a travel cot or a high chair.
- Should the Tenant shorten the rental period, the Price paid for the entire stay shall not be reduced or refunded in the unused part.
III. Booking cancellation
- The Landlord shall be entitled to withhold the payments referred to in § 2 (4) of the Regulations which have been made towards the rent of the Premises in the event of the Tenant’s booking cancellation.
- Late arrival or departure from the Premises before the scheduled end of the stay shall not entitle the Tenant to claim a refund for the unused services included in the booking.
- The Landlord reserves the right to cancel a booking without giving any reason within 24 hours of its making by the Tenant. In the event of a booking cancellation, the Tenant shall receive a full refund of funds paid.
- The Landlord reserves the right to cancel a booking in the event of the occurrence of circumstances beyond their control. In the event of the booking cancellation by the Landlord, any payments received from the Tenant towards the remuneration, including the deposit, shall be returned, which exhausts any claims of the Tenant for the non-performance of the agreement. The refund shall be made to the bank account specified by the Tenant within 14 days of the booking cancellation.
- In exceptional circumstances, in particular in the event of the lack of availability of the Premises due to an emergency, a previous booking or other fortuitous event, FAF shall be entitled to provide the Tenant with another Premises of similar parameters and area to the booked Premises. Should the Tenant refuse to change the Premises, the agreement shall be terminated and the amount paid shall be refunded at its nominal value. The Tenant shall not be entitled to demand payment of twice the amount of the deposit.
- Neither Party shall be liable for non-performance or improper performance of the Premises Rent Agreement if such non-performance or improper performance is caused by a Force Majeure event (e.g. natural disasters, terrorist attacks, war, acts of public authority, epidemic) which, with all due diligence, neither Party could have prevented.
- In the event of a Force Majeure, the deposit and, in the case of a confirmed booking, the entire fee shall be non-refundable and credited towards the next booking designated by the Tenant in agreement with FAF after the Force Majeure event has ceased.
- FAF shall not be responsible for any inconvenience caused during the Tenant’s stay in connection with: construction or finishing works that may be carried out on the premises of the facility where the apartment is situated as well as around it, interruption of media supply (e.g. electricity, water, central heating) for reasons beyond the control of the facility and noise emission from neighbouring properties. No compensation shall be given for such inconveniences.
- The Premises are rented for the day.
- Check-in starts at 4:00 p.m. and ends at 10:00 a.m. The Tenant shall be obliged to collect the Premises from the FAF representative at the time agreed upon by the Parties. If the arrival is planned at a time other than 3:00-4:00 p.m., the Tenant shall be obliged to notify the staff accordingly at least 24 hours before the day of arrival. Evening arrivals must be agreed upon with a FAF employee and paid in full prior to the Tenant’s arrival.
- Remaining in the Premises or leaving belongings therein after the check-out time specified in Section 2 shall be possible only after prior consultation with and approval of a FAF employee. In the absence of FAF’s consent, the Landlord’s employees shall be entitled to empty the Premises of items belonging to the Tenant and place them in a storage at the Tenant’s expense and risk.
- In the event of remaining at the Premises pursuant to Section 3 – first sentence – such remaining shall be treated as an extension of the stay and entitle the Landlord to charge the Tenant an additional amount of up to PLN 100 for each subsequent hour.
- The Tenant shall be obliged to present a valid identity document (an ID card or any other document accepted on the territory of Poland) upon check-in. In the event of a refusal or inability to produce an identity document, FAF shall be entitled to refuse access to the Premises.
- The keys to the Premises and the remote control to the garage shall be handed over in the manner agreed upon with a FAF employee.
- The handover of the keys and the remote control on the day of departure shall be carried out in a manner agreed upon with a FAF employee.
- It is possible to receive a VAT invoice for the services rendered by the Landlord. The invoicing data should be included in an email (NIP and entity data) or an invoice should be requested when booking by phone. This data must be provided before payment is made.
- It is possible to use, as part of the Rent, a parking space located in the Landlord’s car park (maximum one parking space per apartment.) The Landlord reserves that not every apartment in the offer has the possibility of providing a parking space. Whether it is possible to reserve a parking space for a particular Tenant shall be determined individually during the booking procedure.
V. Rental conditions
- The apartment building is not a hotel. In addition to the rented Premises, there are private flats in the apartment building and it operates as a Housing Community. Accordingly, Tenants are required to observe the principles of good neighbourliness and quiet hours from 10:00 p.m. to 7:00 a.m. The Tenant shall be responsible for the acts and omissions of people residing in the Premises during the Rent period.
- The Landlord undertakes to make every effort to maintain the highest level of service.
- Smoking in the apartments is strictly prohibited. The Tenant who does not comply with this prohibition shall be charged a fee of PLN 500, equivalent to the cost of washing the curtains and bedspreads in the apartment.
- Pets shall not be allowed in the apartments.
- Barbecues shall not be allowed within the facility.
- It shall be forbidden to hang towels or dry things on the railings.
- The Tenant shall be obliged to at all times secure the Premises when leaving by locking the windows and entrance doors and guarding the key.
- If the keys to the Premises are lost, the Tenant shall pay a fee of PLN 300.
- If the remote control for the garage door is lost, the Tenant shall pay a fee of PLN 120.
- If the electrical chip is lost, the Tenant shall pay a fee of PLN 40.
- Organising social events in the apartment, which are disruptive to other tenants, shall be forbidden and FAF company may charge the Tenant with a fine of PLN 1000.
- The number of occupants of the Premises shall not exceed that specified as the maximum on the website. For non-compliance with this rule, the Landlord reserves the right to deduct 100% of the collected deposit, to charge an additional fee for a stay of a non-registered person or to terminate the agreement.
- The Tenant may not sublet the Premises to third parties.
- The Tenant shall not have the right to make any alterations or permanent changes to the Premises and shall be held financially liable for any damage to or destruction of items left at their disposal in the Premises.
- The Tenant shall, within 2 hours of receiving the keys to the Premises, report any faults or defects in the Premises. Failure to make any comments or objections (in writing: text message, email, etc.) to the technical condition of the Premises on the day of check-in shall mean that the Premises, as well as the equipment contained therein, have been handed over for use in good condition and without any faults.
- The Tenant shall be obliged to immediately inform a FAF employee about all faults that occur in the apartment during their stay. An adequate monetary compensation shall be charged for faults caused by the Tenant.
- In the event of an exceptionally flagrant or indecent breach of the rules set out in these regulations, FAF shall have the right to remove the Tenant and their accompanying persons from the Premises without refunding the fee paid by the Tenant.
- The Landlord shall not be liable for any items, groceries or pharmaceuticals left in the Premises after the termination of the rent. Items left in the Premises shall be sent back at the expense of the Tenant who shall be obliged to order a courier to the address of the F.A.F. registered office. If no such instruction is received, F.A.F shall store these items for one month and subsequently destroy them.
- The Landlord shall not be liable for any loss or damage, for reasons not attributable to the Landlord, of items brought by the Tenant to the Premises.
- The Landlord shall not be liable for damage or loss of a car or other vehicle belonging to the Tenant.
- The Tenant undertakes to comply with the rules for the waste segregation into five fractions according to the instructions posted in the apartment and on the bin. Additional charges may apply for non-compliance with these rules.
- Due to the ongoing pandemic, the service policies of any booked offer may be subject to restrictions due to the current legislation and decisions of the facility.
- The Landlord shall provide a service to the Tenants consisting of sending email messages containing information about the premises as well as current promotions.
- A subscription to the newsletter may be done through:
- a) completing and submitting a subscription form,
- b) ticking the appropriate box when placing the order.
- The Tenant may unsubscribe from the newsletter at any time by clicking the unsubscribe button shown in every newsletter message or by sending a request to the Landlord.
VII. Personal data protection
- We would like to inform you that the controller of the personal data provided under the agreement for daily rent of apartments shall be F.A.F. sp. z o.o. with its registered office in Mielno, ul. Pionierów 18. The personal data provided on the basis of and in connection with the performance of the rental agreement (legitimate interest of the Parties – Article 6(1)(f) GDPR), shall be provided by the Tenants voluntarily; however, the data processing is necessary for the proper performance of the agreement. Personal data shall be processed for the duration of the agreement and after its termination for archiving purposes and until the statute of limitations for claims relating thereto. The data subject shall have the right to access their data and the right to rectify, erase, and restrict the processing of their data as well as the right to transmit them, object and lodge a complaint with an authority.
VIII. Final provisions
- The Landlord shall have the right to amend the Regulations at any time. . The consent of the Tenant shall not be required to change the Regulations. Any amendments to the Regulations shall be effective from the time of their publication.
- In the event of a suspected breach of these Regulations or a suspected offence, the Landlord shall have the right to enter the Premises at any time.
- In the above cases the Landlord shall be entitled to terminate the Rent Agreement immediately and keep the agreed rental price.
- The Tenant agrees to the processing of personal data for the purposes of booking and placing them in the Landlord’s database.
- Booking and paying the deposit shall be tantamount to accepting these regulations. On the day of the rental commencement, the Tenant shall be obliged to confirm with their handwritten signature that they have read these Regulations and that they accept their conditions.
- All promotional materials shall be for information purposes only and not constitute an offer within the meaning of the Polish Civil Code. The provisions of these Regulations shall be binding
- The Landlord reserves the right to introduce and cancel offers, promotions, as well as to change prices = without prejudice to the rights acquired by the Tenants, including, in particular, the conditions of the agreements concluded prior to the change.
- The Regulations shall enter into force on the day of their publication.