I. GENERAL
1. These Regulations determine the general terms and conditions, rules and the way of rendering:
a. services of placing an order for Rental Service;
b. services rendered by electronic channels, i.e. e.g. a newsletter, sending messages via a contact form;
via the website of www.lion-apartments.pl (hereinafter referred to as Website) by Karolina Ambarcumian, conducting her business activity under the name LION MANAGEMENT KAROLINA AMBARCUMIAN, entered into the Register of Entrepreneurs of the Central Record and Information on Business Activity held by the minister competent for economy at the following address: ul. Grunwaldzka 62, 81-771 Sopot, NIP: 5851403232, REGON: 221607981, hereinafter referred to as Lion Apartments.
2. Lion Apartments may be contacted via:
a. traditional post at the address of the RECEPTION: ul. Grunwaldzka 50, 81-771 Sopot, Poland;
b. e-mail: SOPOT@LION-APARTMENTS.PL;
c. phone: +48 511 813 055, +48 888 445 276; or
d. a contact form available in the Service.
3. These Regulations shall be made available continually and free-of-charge by Lion Apartments at www.lion-apartments.pl, in a manner that enables Clients to download, process and save their content by printing or saving them on a data storage device at any time using the IT system used by the Client.
4. Any and all rights to the Website, including copyrights, intellectual property rights to the name, the online domain, the Website as well as to forms, logos and any and all content published and made available within the Website, are owned by Lion Apartments, and they may be used exclusively in the manner determined in and in accordance with these Regulations.
5. Lion Apartments inform that using the Services rendered electronically may involve a hazard for every Client in the Internet, including the risk of downloading malware into the ICT system of the Client or obtaining and modifying of his data by unauthorised persons. To avoid the risk of the above-mentioned hazards, a Client should apply adequate technical measures that will mitigate them, including but not limited to anti-virus software and firewalls.
II. DEFINITIONS
The following terms used in this document shall have the meanings given thereto hereinunder:
Travel Voucher – Polish Travel Voucher in the meaning of the Act of 15 July 2002 on the Polish Travel Voucher (Journal of Laws 2021.839 as amended);
Working Days – days from Monday to Friday, excluding public holidays;
Availability – means that a Room or an Apartment is free and the Client may rent a Room or an Apartment from Lion Apartments on days selected by the Client;
Calendar – the Client may check the Availability of a Room or an Apartment using the Calendar;
Client – an individual who has full legal capacities or an individual who carries out a business activity, a legal person or an unincorporated organizational unit that may use Services available on the Website; Civil Code – Act of 23 April 1964 (Journal of Laws No 16, Item 93, as amended);
Consumer – a Client who is a consumer in the meaning of art. 22[1] of the Civil Code;
Entrepreneur – a Client who is an entrepreneur in the meaning of art. 43[1] of the Civil Code;
Room or Apartment – premises or a residential unit described on the Website, which may be rented by the Client;
Reception – a point of receiving Clients by Lion Apartments located at the following address: ul. Grunwaldzka 50, 81-771 Sopot, Poland;
Regulations – this document;
House Regulations – a document created by Lion Apartments, which is available in a Room or an Apartment; it includes the rules of using a Room or an Apartment and the liability of the Client for violating the rules of using a Room or an Apartment; House Regulations are enclosed hereto;
Website – a website available at the domain of www.lion-apartments.pl, owned and administered by Lion Apartments, which may be used by Clients to execute a Rental Agreement and an e-Service Agreement;
Rental Agreement (Rental Agreement / Rental) – an agreement under which Lion Apartments rents a Room or an Apartment to a Client on dates selected by the Client when placing an Order, on terms and conditions set forth in these Regulations in chapter entitled ‘VIII. Rules of executing Rental Agreements’;
Services – services rendered by Lion Apartments for Clients by electronic means in the meaning of regulations of the Act of 18 July 2002 on rendering e-services (Journal of Laws No 144, Item 1204, as amended);
Additional Services – additional services rendered by Lion Apartments for Clients, their scope and prices given on the Website;
Act on consumer rights – Act of 30 May 2014 on consumer rights (Journal of Laws from 2014, No 827); Act on e-services – Act of 18 July 2002 on rendering e-services (Journal of Laws No 144, Item 1204, as amended);
Voucher – a document in a PDF format that contains a code that authorises to use an amount specified in the document as the means of paying for Rental on the Website or for a service rendered by Lion Apartments described in the Voucher for a person who has the voucher at one’s disposal, on terms and conditions set forth in these Regulations;
Check-in – the registration of a Client in a Room or an Apartment carried out at the Reception, which involves filling in a check-in form prepared by Lion Apartments and handing over keys to a Room or an Apartment;
Order – a declaration of intent of a Client aiming directly at executing a Rental Agreement with Lion Apartments, on terms and conditions set forth herein, in Chapter ‘VII. Rules of executing a rental agreement’.
III. RULES OF USING THE WEBSITE
1. Lion Apartments, as a part of its Website, enable Clients to use its Services.
2. Using the Website may take place exclusively on terms and conditions and within the scope set forth herein and according to applicable laws.
3. Minimum technical requirements that enable the use of the Website:
- an online device;
-access to e-mail;
- an updated version of a browser with Cookie files and Jave Script activated; and
- software for reading and saving PDF files.
4. It is prohibited to use the Website or Services by the Client in a manner that violates the law, public decency, personal rights of third parties and legitimate interests of Lion Apartments, including but not limited to by providing illegal content.
IV. SERVICES
1. Services shall be rendered on terms and conditions set forth in this document.
2. Lion Apartments provide an option to use the following free Services:
a. viewing information placed on the Website,
b. using a contact form to contact Lion Apartments,
c. redirecting to external social media,
d. giving access to the Calendar, and
e. rendering the Newsletter Service, and paid Rental Services, Voucher and Additional Services.
3. The terms and conditions of executing and terminating Service Agreements have been indicated in these Regulations hereinbelow.
4. A Service Agreement that involves the viewing of information placed on the Website is made for a definite terms and is terminated upon the closure of the site of the Website by the Client.
5. The Client may use the form available in the Website to send messages to Lion Apartments. A Service Agreement that involves the provision of access to a contact form is made for a definite terms and is terminated upon sending a message using the form by the Client.
6. A Service Agreement that involves redirecting to external social media, e.g. Facebook and Instagram, is made for a definite terms and is terminated upon clicking a button with an icon of a service.
7. A Service Agreement that involves giving access to the Calendar is made for a definite terms and is terminated upon clicking a dedicated button.
8. The Client may receive commercial information from Lion Apartments in the form of messages sent to his e-mail address (Newsletter Service). To this purpose, the Client should give a correct e-mail address. The Client may withdraw one’s consent to receiving commercial information at any time. A Newsletter shall be sent by Lion Apartments exclusively to the Client who has subscribed for it.
9. Lion Apartments shall have the right to hold occasional competitions and promotional campaigns; their terms and conditions shall be given from time to time on the Website. Promotions on the Website shall not be combined, unless the Regulations of the promotion provide for otherwise.
V. RENTAL AGREEMENT
1. Lion Apartments make it possible to execute a Rental Agreement using the Website.
2. Lion Apartments render the Rental Service pursuant to these Regulations and the House Regulations.
3. Any information concerning Rooms and Apartments made available on the Website, including but not limited to their descriptions, parameters, and prices, shall constitute an invitation to execute an Agreement in the meaning of art. 71 of the Civil Code. Some invitations may be designated as ‘Special offers’.
4. In case of Special officers, Lion Apartments do not provide an option to make changes to Rental.
5. The Client is obliged to pay the Fee for the rendition of the Rental Service.
6. The fee shall be payable in advance, within a deadline set on the Website when placing an Order.
7. Lion Apartments may demand the payment of an advance by the Client in an amount indicated when placing the Order within 24 hours of its placement.
8. An advance paid by the Client shall be credited to the Fee.
VI. DEPOSIT
1. Lion Apartments may oblige the Client to a pay a deposit of PLN 500 (hereinafter: ‘Deposit’). A deposit shall constitute the security of claims of Lion Apartments under the Rental Agreement as well as the security in case of charging any contractual penalties for the violation of the House Regulations.
2. A deposit shall be secured by Lion Apartments with a credit card payment with pre-authorization, i.e. upon the payment, funds are temporarily blocked up to an amount indicated on the Website, in order to approve a payment to be settled subsequently.
3. In exceptional instances, Lion Apartments may agree with the Client on the payment of the Deposit via a traditional transfer.
4. Payments shall be accounted for within 4 days of the termination of the Rental Agreement, after the deduction of any liabilities due to Lion Apartments. Before the deduction of liabilities mentioned in the preceding sentence, Lion Apartments shall notify the Client in writing or by e-mail of the event that results in the deduction of liabilities and the value of a deducted liability.
VII. VOUCHER
1. Lion Apartments makes it possible to buy a Voucher via the Website.
2. Any information placed on the Website about Vouchers, including but not limited to their descriptions, technical and utility parameters and prices, shall constitute an invitation to execute an Agreement in the meaning of art. 71 of the Civil Code.
3. Rules of executing an Agreement have been governed in these Regulations in section VII entitled ‘Execution of Rental or Voucher Service Agreement’.
4. Vouchers shall be e-mailed to the Client.
5. A Voucher may be used within one year of placing an Order for a Voucher.
6. Lion Apartments shall be a sole issuer of Vouchers. 7. A Voucher shall not be exchanged for cash.
VIII. EXECUTION OF RENTAL AGREEMENT AND VOUCHER SERVICE AGREEMENT
1. Lion Apartments shall make it possible with the Website to execute the Rental Agreement of a Room or an Apartment or a Voucher Service Agreement, according to information presented on the Website.
2. The Rental Agreement may be executed by an individual who is of age and has a full capacity to take legal actions, including an Entrepreneur.
3. Lion Apartments present information about Rooms or Apartments on the Website to Clients, including about a number of persons for whom a Room or an Apartment may be rented, and makes available the Calendar which may be used by a Client to check the availability of a Room or an Apartment within specific dates and a price for Rental of specific Rooms or Apartments.
4. In order to place an Order, the Client, after verifying the availability of Rooms and Apartments during a set period using the Calendar, selects a Room or an Apartment to rent, adds Additional Services using check boxes and next places an Order via an Order form available on the Website.
5. Using the Calendar, the Client may also place an Order for the Voucher Service. To this purpose, the Client shall select a type of Voucher to be ordered and next place an Order via the Order form available on the Website.
6. An order shall be placed with Lion Apartments in an electronic form and constitutes an offer of executing the Rental Agreement or the Voucher Service Agreement being the subject matter of the Order.
7. The Order Form is served by the provider of the ICT system of Lion Apartments. The supplier is Profitroom S.A. with its registered office in Poznan, ul. Roosevelta 9, 60-829 Poznań, entered into the Register of Entrepreneurs of the National Court Register held by the District Court Poznań - Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS No 0000793213; NIP: 525-24-23-458; REGON: 141374990.
8. An offer made in an electronic form shall be binding for the Client, if Lion Apartments e-mail a confirmation of placing the Order to the e-mail address provided by the Client.
9. An Agreement shall be executed upon the payment of an advance or the total amount of the Fee for the rendition of the Rental Service or the Voucher Service, depending on the type of a placed Order.
10. The Client may also place an Order for the Rental or Voucher via e-mail.
11. Placing an Order on the Website by sending an e-mail shall be possible on Working Days at times specified on the Website. To this purpose, the Client shall:
a) indicate in the content of an e-mail to Lion Apartments a type of Voucher or a type of Room or Apartment to be rented, information on the number of persons or animals that will stay in a Room or an Apartment to be rented, and indicate any Additional Services the Client wants to use;
b) provide data necessary to perform the Order, including but not limited to a name, an address, an e-mail address and a payment card number, and
c) inform Lion Apartments if the Client wants to receive a VAT invoice and provide any data necessary to issue the same, which shall be controlled by Lion Apartments.
12. Any information about the total value of the Order mentioned above shall be given from time to time by Lion Apartments with an e-mail including information about the execution of a Voucher Service or Rental Agreement.
13. If the Client is a Consumer, Lion Apartments shall e-mail to the Consumer from time to time after placing an Order a confirmation of terms and conditions of a placed Order with information that placing an Order imposes a payment obligation.
14. The Agreement shall be executed upon the payment of an advance by the Client, and in case of Special Offers and Vouchers, the payment of the whole Fee.
15. Upon executing a Rental or Voucher Service Agreement, Lion Apartments shall confirm its terms and conditions to the Consumer, by e-mailing them to the Consumer or in writing to an address given by the Consumer. 16. A Rental or Voucher Service Agreement shall be made in Polish, and its provisions shall be in line with these Regulations.
IX. PAYMENTS
1. Any and all payments the Client is obliged to make in relation to an executed Rental Agreement as well as a Voucher Service Agreement shall be given in Polish zlotys and shall contain all elements, including VAT.
2. The Client may make a payment with:
a. a transfer to the bank account of Lion Apartments indicated on the Website (in this case, the fulfilment of an Order shall be started after the Client receives from Lion Apartments a confirmation of receiving the Order and after crediting funds on the bank account of Lion Apartments),
b. an electronic payment via an electronic payment system integrated with the Website (the performance of Rental shall be possible after Lion Apartments receive information from a settlement agent system that the Client has made a payment), or
c. a Tourist Voucher.
3. The Client shall pay an advance within 24 hours of placing an Order.
4. If an advance is not paid by the deadline mentioned in section 3 above, the Contract shall be deemed as not executed.
5. In case of Orders for which Lion Apartments have demanded the payment of an advance, the Client may pay the remaining part of the Fee in cash, at the latest on the day of starting the Rental, unless Lion Apartments agree to the postponement of a maturity date.
6. If the Client does not make a payment of the remaining part of the Fee after the payment of the advance, Lion Apartments shall have the right to refuse to Check-In the Client.
X. AMENDMENTS TO THE RENTAL AGREEMENT
1. Lion Apartments shall make it possible for the Client to make amendments within the scope of the Rental Agreement at the latest 14 days before the start of the Rental.
2. In case of Special Offers, the Client cannot make any changes within the Rental Service.
3. For the purpose of changing the Rental, the Client shall contact Lion Apartments via e-mail and include information that concerns an amendment to the Rental Agreement or via the ICT system made available by Lion Apartments to execute the Rental Agreement.
4. Lion Apartments, having verified the Availability of a Room or an Apartment, within 2 days of notifying a change by the Client, shall give a notice to the Client via an e-mail if the change has been made.
5. If Lion Apartments cannot make an amendment due to unavailability, they shall make it possible for the Client to give a notice of the Rental Agreement. In this case, provisions of these Regulations within the contractual termination of the Rental Agreement shall apply.
XI. WITHDRAWAL FROM THE AGREEMENT
1. The Client who is a Consumer shall have the right to withdraw from the Agreement within 14 days of its execution for convenience by giving a relevant notice to Lion Apartments. The Client may either formulate a declaration or use a model declaration available on the Website (a statutory right to withdraw from a contract).
2. Upon receiving a declaration to withdraw from the Agreement by the Consumer, Lion Apartments shall e-mail to the Consumer a confirmation of its receipt.
3. According to the Act on consumer rights, the right to withdraw from the Agreement by the Consumer shall be excluded, among other, in the following instances:
a. the Service Agreement, if Lion Apartments have rendered the whole Service by an explicit consent of the Consumer, who has been informed before its start that after its rendition by Lion Apartments he shall lose the right to terminate the Agreement, or
b. the Service Agreement within accommodation services, services other than accommodation, transport of things, rental of cars, food services, services related to relaxation, entertainment, sport or cultural events, if a specific day of period of rendering services has been given in the agreement.
4. The right to withdraw from the Agreement by the Consumer shall be also excluded in other cases indicated in art. 38 of the Act on consumer rights.
5. The statutory right to withdraw from the Agreement shall be excluded in case of the Rental Agreement.
6. The Client may withdraw from the Rental Agreement at the latest within 14 days before the start of Rental (a contractual right to withdraw from the Agreement).
7. If the Client exercises the contractual right to withdraw from the Agreement, an advance paid by the Client or the Fee shall be reimbursed within 7 days of the withdrawal from the Rental Agreement using the same method of payment as used by the Client, unless the Client has given consent to another way of reimbursement.
8. The Client may also withdraw from the Rental Agreement later than 14 days before the start of Rental, but not later than at 4.00 p.m. on the initial day of Rental. In this case Lion Apartments shall retain the advance.
9. The contractual right to withdraw from the Agreement shall be excluded in case of Special Offers as well as after 4.00 p.m. on the initial day of Rental.
XII. RIGHTS AND DUTIES OF CLIENTS
1. Every Client of the Website shall be obliged to:
a. use the Website in accordance with law, established customs as well as the provisions hereof, taking into account the respect for personal interests and intellectual property rights of third parties,
b. enter data into the Website that comply with the actual state of affairs and to inform as soon as possible of any changes in data transferred to Lion Apartments,
c. not to use any equipment, software or methods that may interrupt the operation of the Website, and
d. not to provide any illegal content.
2. The Client and any persons to whom he makes a Room or an Apartment available shall follow the Regulations of the facility.
3. At the latest on the first day of the Rental, the Client shall Check In in the manner indicated by Lion Apartments. After an individual arrangement and confirmation by Lion Apartments, the Client may Check In also after the first day of the Rental.
4. If the Client refuses to Check In on the day appointed by Lion Apartments, Lion Apartments may terminate the Rental Agreement without a notice period.
5. The Client may not carry out any measures aimed at overloading receiving boxes of other Clients or Lion Apartments, including but not limited to it is not allowed to send any advertising messages.
6. The Client who is a Consumer may use out-of-court ways of handling complaints and filing claims:
a. the Client is entitled to address a permanent arbitration consumer court at the Commercial Inspectorate with a petition to resolve a dispute that results from an executed Sale Agreement;
b. the Client is entitled to address a provincial inspector of the Commercial Inspectorate with a petition to initiate mediation proceedings in order to resolve amicably a dispute between the Client and Lion Apartments;
c. the Client may obtain free assistance with regard to resolving a dispute between the Client and Lion Apartments, using also free assistance of poviat (city) consumer ombudsman or an NGO whose statutory tasks include the protection of Consumers (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Advise is given by Federacja Konsumentów (Federation of Consumers) on a free hotline 800 007 707 and by Stowarzyszenie Konsumentów Polskich (Association of Polish Consumers) at email porady@dlakonsumentow.pl;
d. the Client may file a complaint via the EU online platform, ODR, available at: http://ec.europa.eu/consumers/odr/.
XIII. LIABILITY OF THE CLIENT DUE TO A RENTAL AGREEMENT
1. The Client undertakes to vacate a Room or an Apartment on a day indicated in the Rental Agreement as the last day of rendering the Rental Service until 11.00 a.m.
2. A Room or an Apartment together with a set of keys, after the termination of the Rental Agreement, shall be handed over to Lion Apartments in a non-deteriorated condition.
3. If the Client loses keys to a Room or an Apartment, the Client shall pay a contractual penalty of PLN 350.00.
4. The Client shall be liable for any damage or destruction that occurs through his fault or through fault of persons who stay with him in a Room or an Apartment.
5. If any damage is found, Lion Apartments may deduct an amount that corresponds to the value of damage from the Deposit paid by the Client.
6. Before Lion Apartments make an above-mentioned deduction, they shall notify the Client by e-mail of damage, sending him any collected documentation related to the damage, and shall notify him of the deduction.
7. Lion Apartments shall have the right to terminate the Rental Agreement without a notice period if the Client violates grossly or repeatedly the applicable house rules or makes the use of other premises in the building inconvenient due to his improper behaviour.
8. The gross violation of house rules shall include, but not limited to:
a. causing disturbance during quiet night time in the building where a Room or an Apartment is located;
b. subleasing or lending a Room or an Apartment to third parties;
c. exceeding the number of persons using a Room or an Apartment above the number indicated when executing a Rental Agreement;
d. breaching other provisions of the House Regulations, which makes Lion Apartments call the Police or other law enforcement agencies.
9. If the Rental Agreement is terminated without a notice period, Lion Apartments shall retain the Fee under the Rental Agreement as a contractual penalty.
XIV. COMPLAINTS ABOUT E-SERVICES
1. The Client may file complaints to Lion Apartments due to the operation of the Website and the use of the Service. Complaints may be filed in writing to the address: LION MANAGEMENT KAROLINA AMBARCUMIAN, ul. Grunwaldzka 50, 81-771 Sopot, by e-mail to: sopot@lion-apartments.pl or by phone at: +48 511 813 055.
2. In a complaint the Client shall give his/her name, a mailing address and a type and description of a problem.
3. Lion Apartments undertake to handle every complaint within 14 days, and if this is not possible, to notify the Client within this period when a complaint will be handled. If a complaint is incomplete, Lion Apartments shall request the Client to supplement it as necessary within 7 days of the date of its receipt by the Client.
XV. PERSONAL DATA PROTECTION
1. Lion Apartments shall collect and process personal data given by the Clients according to applicable laws and in line with the Privacy Policy available on the Website.
XVI. FINAL PROVISIONS
1. These Regulations and applicable rules of law shall be the sole source of liabilities of Lion Apartments.
2. Provisions concerning the Consumer included in these Regulations that concern the withdrawal from the Agreement and complaints and the procedure of introducing changes to these Regulations shall apply to individuals who execute an Agreement directly related to one’s business activity, if according to the content of the Agreement, the Agreement is not executed for professional purposes, resulting in particular from the type of business activity made available based on the regulations on the Central Record and Information on Business Activity. Provisions on out-of-court ways of handling complaints and filing complaints shall not apply.
3. These Regulation are available in Polish.
4. Copying or publishing these Regulations or their part without written consent of Lion Apartments shall be prohibited.
5. Unless applicable regulations provide for otherwise, a governing law for dissolving any disputes that result from these Regulations shall be Polish law.
6. Any disputes that arise between Lion Apartments and the Client who is a Consumer shall be resolved by competent courts according to relevant regulations of the Code of Civil Proceedings.
7. Any disputes between Lion Apartments and a Client who is an Entrepreneur, excluding individuals who are self-employed, for whom an e-Service Agreement and a Sale Agreement is directly related to their services, but does not have any professional purposes, resulting in particular from a type of business activity made available under the regulations on the Central Record and Information on Business Activity, shall be resolved by a court competent for the registered office of Lion Apartments.
8. Regulations of the Civil Code, the Act on rendering e-services, the Act on consumer rights and other applicable rules of Polish law shall apply to any issues not governed herein.
9. Provisions of these Regulations may be changed. The Client who is a Consumer shall be notified of any and all changes with information made available on the Website that contains the list of changes and their effective dates. An effective date of a change shall be minimum 14 days of its announcement.
