I. GENERAL PROVISIONS
1. The following Terms and Conditions determine the general conditions, rules and a mode of provision of:
a. services regarding a rental order submission;
b. services provided by electronic means, such as newsletters, contact form messages on our website www.scala-apartamenty.pl (hereinafter referred to as: Website), by Moderna Profit limited liability company headquartered in Gdynia, Świętojańska 45 lok. 30, 81-391 Gdynia, registered in the Register of Entrepreneurs of the National Court Register kept by the Gdańsk-Północ District Court in Gdańsk, Commercial Division VIII of the National Court Register under the KRS number: KRS 0000819780, with the following REGON number: 385104304, NIP number: 5862351792, registered capital: 5000.00 PLN
2. You can contact Moderna Profit via:
a. mail to the address of the Reception: ul. Świętojańska 45/30, 81-391 Gdynia;
b. e-mail: profit@moderna.pl;
c. telephone: +48 509 132 000, +48 513 720 760;
d. a contact form available on the Website.
3. These Terms and Conditions have been made available by Moderna Profit and are always accessible on the website (www.scala-apartamenty.pl) free of charge, in a way that enables the Client to access, restore and preserve their contents by printing or saving on a storage medium at any moment by means of the Client’s device.
4. All the rights to the Website, including the proprietary copyrights, intellectual property rights to its name, the internet domain, all the web pages of the Website, forms, logotypes and all manner of information or data published and made available on the Website are reserved to Moderna Profit, but using them is possible under specific conditions in accordance with these Terms and Conditions.
5. Moderna Profit would like to highlight that using the Services provided by electronic means may be dangerous on the Client’s side of the Internet connection and result in malware installation along with data appropriation and modification by unauthorized parties. The client should only use technical means, such as antivirus software or firewall, in order to improve risk prevention.
II. DEFINITIONS
Terms used in this document have the following meaning:
Touristic coupon – a Polish Touristic Coupon in accordance with an Act about the Polish Touristic Coupon from July 15th 2020 (Dz.U.2021.839 with later changes),
Work days – from Monday to Friday except for bank holidays;
Availability – a Room or Suite is vacant and can be rented by the Client;
Calendar – the Client can use the Calendar to check the Availability of a Room or Suite;
Client – a natural person with a full legal capacity and a natural person who runs their own business, a legal person or a business entity without legal personality which can use the Services available on the Website;
the Civil Code – an act from April 23rd 1964 (Dz. U. Nr 16, poz. 93 with changes);
Consumer – a Client that is a Consumer according to art. 22[1] of the Civil Code;
Entrepreneur – a Client who is an Entrepreneur according to art. 43[1] of the Civil Code;
Room or Suite – space or a lodging place, depicted on the Website, which can be rented by the Client;
Reception – a place of greeting and checking in Clients by Moderna Profit located at the following address: ul. Łąkowa, Gdańsk; T&C – this document; T&C of the Facilities – a document made by Moderna Profit, available for perusal in every Room or Suite, it regulates the rules of using a Room or Suite and the Client liability in case of any violation of said rules, the T&C of the facilities is attached to this T&C;
Website – the website available on www.scala-apartamenty.pl, whose owner and administrator is Moderna profit, through which the Client concludes the Rental agreement and the Agreement providing services by electronic means agreement;
the Rental agreement (Rental agreement /Rental) – an agreement based on which Moderna Profit rents out a Room or Suite to the Client for an agreed upon price for a timeframe requested by the Client during order submission, according to the rules stipulated in the T&C, in the chapter titled “VIII.
The rules of the conclusion of the Rental Agreement” – services provided by Moderna Profit for Clients by electronic means according to the regulations of an act from July 18th, 2002, about providing services by electronic means (Dz.U. nr 144, poz. 1204 with changes);
Additional services – services, other than rental, which are provided by Moderna Profit for Clients, whose range and price are given on the Website;
the Consumer Rights Act – an act from May 30th, 2014, about consumer rights (Dz. U. 2014, Nr 827);
the Act about providing services by electronic means – an act from July 18th, 2002, about providing services by electronic means (Dz. U. Nr 144, poz. 1204 with changes);
Voucher – a PDF document with a code which entitles a person to use a specified amount as a Rental on the Website or receive a service provided by Moderna Profit depicted in the Voucher for the person owning the Voucher according to the regulations in the T&C;
Check-in – a registration of a Guest to a Room or Suite, taking place at the Reception, which constitutes filling out check-in forms prepared by Moderna Profit and key handover for a Room or Suite;
Order – the Client’s declaration of intent, which directly leads to the conclusion of the Rental Agreement with Moderna Profit, based on the regulations in the T&C, in the chapter titled “VIII. The rules of the conclusion of the Rental Agreement”;
III. THE RULES OF USING THE WEBSITE
1. Moderna Profit allows the Client to use their services provided on the Website.
2. The Website can be used only based on the rules and terms indicated in the T&C and according to the current law.
3. Minimal technical requirement to use the Website: a device with Internet access, e-mail inbox, the newest version of a selected browser with cookies and Java Script enabled, a PDF reader.
4. The client is forbidden to use the Website or the Services in a way that violates the law, propriety, personal rights of a third party or legitimate interests of Moderna Profit, especially to post illegal content.
IV. SERVICES
1. Service provision takes place according to the regulations stipulated in this document.
2. Moderna Profit allows using the following free services: a. checking information on the Webiste, b. using a contact form which allows communication between the Client and Moderna Profit; c. redirecting to external social media networking websites, d. sharing the Calendar, receiving the Newsletter. Additionally, payable Rental Services, Vouchers and Additional Services are available.
3. The conditions of concluding and terminating agreements about service provision are indicated in the previous point of the T&C.
4. The agreement about service provision based on browsing information provided on the Website is fixed-term and becomes terminated when the Client closes the Website.
5. The client can send a message to Moderna Profit by means of a form available on the Website. The agreement about service provision that involves making the contact form available is fixed-term and becomes terminated at the moment of sending the message by the Client through the form.
6. The agreement about service provision that involves redirecting to external social media networking websites such as Facebook or Instagram is fixed-term and becomes terminated at the moment of clicking a button of a particular website.
7. The agreement about service provision that involves Calendar sharing is fixed-term and becomes terminated at the moment of clicking a dedicated button.
8. The Client can receive the advertisement from Moderna Profit in the form of e-mail messages to an e-mail address provided by the Client (the Newsletter service). To receive such messages, the Client has to submit a proper e-mail address. The client can withdraw their consent for receiving advertisement at any moment. The Newsletter is sent by Moderna Profit only to Subscribed Clients.
9. Moderna Profit has the right to organize occasional contests and promotional campaigns, whose conditions will be provided each time on the Website. Discounts are not subject to merging on the Website unless stated otherwise in a relevant T&C.
V. RENTAL SERVICE
1. Moderna Profit allows concluding the Rental agreement through the Website.
2. Moderna Profit provides the Rental service based on the T&C and the T&C of the Facilities.
3. All the information about the Rooms or Suites available on the Website, especially their descriptions, measurements, prices, constitute an invitation to conclude the Agreement according to art. 71 of the Civil Code. Some invitations can be marked as “Special offers”.
4. Moderna Profit disables the possibility of changes of the Rental in the case of Special offers.
5. The Client is obligated to pay the Compensation for the Rental service.
6. The compensation is paid in advance, within the timeframe provided on the Website during order submission.
7. Moderna Profit can demand a downpayment provided by the Client at the amount given during Order submission within 24 hours of said submission.
8. The downpayment made by the Client is counted toward the Compensation.
VI. SECURITY DEPOSIT
1. Moderna Profit can oblige the Client to pay a 500 PLN security deposit (hereinafter referred to as: Deposit). The Deposit constitutes the security for legal claims of Moderna Profit stemming from the Rental Agreement, and the security in case of contract fines due to violations of the T&C of the Facilities.
2. The Deposit is secured by Moderna Profit through a pre-authorized credit card payment, that is, at the moment of payment, the amount given on the Website is blocked on a relevant credit card for later confirmation.
3. In special cases, Moderna Profit can agree on a payment though a traditional wire transfer with the Client.
4. The payment is confirmed within 4 days of the end of the Rental Agreement, after deduction of the amount equivalent to uncleared debts due to Moderna Profit. The client will be informed about the uncleared debts in writing or via e-mail.
VII. VOUCHER
1. Moderna Profit allows purchasing a Voucher on the Website.
2. All the information about Vouchers available on the Website, especially their descriptions, technical and performance parameters and prices, constitutes an invitation to conclude the Agreement according to art. 71 of the Civil Code.
3. The rules of concluding the Agreement have been regulated in the T&C in point VII titled “The conclusion of the Rental Agreement or Voucher Service Agreement”.
4. Vouchers are sent to the Client though e-mail.
5. The Voucher can be redeemed within one year of the Voucher Order submission.
.6. Moderna Profit is the sole supplier of the Vouchers.
7. The Voucher is not subject to an exchange to money.
VIII. THE CONCLUSION OF THE RENTAL AGREEMENT AND THE VOUCHER SERVICE AGREEMENT
1. Moderna Profit allows concluding the Rental Agreement for a Room or Suite or The Voucher service agreement through the Website, based on the information available on the Website.
2. The Rental agreement can be concluded by a natural person who has turned 18 and has a full legal capacity, including an Entrepreneur.
3. Moderna Profit provides information about the Rooms or Suites on the Website to the Clients, e.g., about the capacity of a Room or Suite available for rent, and makes the Calendar available, which can be used by the Client to check the availability of a Room or Suite at a particular timeframe and the price for Rental of specific Rooms or Suites.
4. To submit an Order, the Client, after checking the availability of the Rooms and Suites at a given timeframe by means of the Calendar which they would want to rent, has to use checkboxes to choose Additional services. The Order can be finally submitted through a form available on the Website.
5. The Client can also submit a Voucher Order through the Calendar. To do that, the Client has to choose a type of Voucher which they would like to receive and then submit the final Order through the Order form available on the Website.
6. Any such order submitted to Moderna Profit in the electronic form constitutes the conclusion of the Rental Agreement or the Voucher Service Agreement, which is the subject of the Order.
7. The Order form is controlled by the CIS supplier for Moderna Profit. The supplier is Profitroom S.A. headquarter in Poznań, ul. Roosevelta 9, 60-829 Poznań, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, Commercial Division VIII of the National Court Register under the KRS number: KRS 0000793213, with the following, NIP number: 525-24-23-458, REGON number: 141374990.
8. Any offer submitted by electronic means binds the Client if they receive a confirmation of the submitted Order on their e-mail address provided during the submission.
9. The agreement becomes concluded when the Client makes a downpayment or pays the entire Compensation for the Rental or Voucher service, depending on the type of submitted order.
10. The Client can also submit an Order for the Rental or Voucher service via e-mail.
11. Any order submission on the Website by electronic means transpires only on Weekdays during office hours given on the Website. To do that, the Client should: a) indicate a type of Voucher or Room/Suite that they would like to rent and indicate Additional services along with the information about a number of people and/or that are to use a given Room or Suite during the Rental period in an electronic message directed to Moderna Profit; b) provide data necessary for order processing, especially: the full name, residence place, e-mail address, the number of a debit/credit card; c) inform about the willingness to receive a VAT invoice and indicate all necessary data which Moderna Profit has demanded.
12. The information about the price of the aforementioned Order is given each time by Moderna Profit through an electronic message, along with the information about the conclusion of the Rental Agreement or Voucher Service Agreement.
13. If the Client is also the Consumer, Moderna Profit sends a confirmation of the conditions of a submitted Order each time through an electronic message, along with the information about the obligation to pay with each Order submitted.
14. The agreement becomes concluded when the Client makes a downpayment or pays the entire Compensation in the case of Special offers and Vouchers.
15. After the conclusion of the Rental Agreement or the Voucher Service Agreement, Moderna Profit confirms the conditions to the Consumer by sending them to the Consumer via e-mail or in writing to an address given by the Consumer.
16. The Rental Agreement and Voucher Service Agreement are both concluded in Polish, with their contents in accordance with the T&C.
IX. PAYMENTS
1. All payments, which the Client is obliged to incur due to the conclusion of the Rental Agreement or Voucher Service Agreement are given in the Polish currency (PLN = złoty) and contain all its ingredients, including the VAT tax.
2. The client can make a payment via:
a. a wire transfer to Moderna Profit’s bank account provided on the Website (in this case the Order processing starts after Moderna Profit has sent a confirmation of accepting an Order to the Client and received the payment on their bank account,
b. an electronic payment, through an integrated payment system on the Website (the Rental processing is possible after Moderna has received a notification from a paying agent’s system about a payment made by the Client),
c. a Touristic Coupon.
3. The Client is obliged to make a downpayment within 24 hours of the Order submission.
4. If the Client fails to make the aforementioned payment, an Agreement is considered as void.
5 powyżej, Umowę uważa się za niezawartą.
6. When it comes to Orders that require downpayments, the Client can pay the remainder of the Compensation by cash, on the first day of the rental period at the latest, unless Moderna Profit has agreed to postpone the payment deadline.
7. If the Client refrains from paying the remainder of the Compensation after making a downpayment, Moderna Profit has the right to decline the check-in for said Client.
X. CHANGES TO THE RENTAL AGREEMENT
1. Moderna Profit allows the Client to make changes to the Rental Agreement 14 days prior to the start of the Rental period at the latest.
2. In the case of Special offers, the Client cannot make any changes to the Rental Agreement.
3. To make changes to the Rental, the Client has to contact Moderna Profit via e-mail, with all the information regarding the changes to the Rental Agreement, or the electronic messaging system provided by Moderna Profit for concluding the Rental Agreement.
4. Moderna Profit, after checking the Availability of a Room or Suite, informs the Client via e-mail if the change has been made within 2 days of the submission of changes by the Client.
5. If no changes can be implemented due to the lack of Availability, Moderna Profit will allow the Client to submit a statement of withdrawal from the Rental Agreement. In this case, the provisions given in the T&C in terms of a contractual withdrawal from the Rental Agreement will be applicable.
XI. WITHDRAWAL FROM THE AGREEMENT
1. The Client, who is also the Consumer, has the right to withdraw from the Agreement within 14 days of its conclusion, without providing any reason, by submitting a proper statement to Moderna Profit. The Client can prepare such a statement alone or use a template from the Website (a statutory right of withdrawal from an agreement).
2. Upon receiving a statement of withdrawal from the Agreement from the Consumer, Moderna Profit will send a confirmation of receipt of this statement to the Consumer’s e-mail address.
3. According to the Act about consumer rights, the Consumer’s right of withdrawal from the Agreement is void, for example, in the case of:
a. the Agreement about Service provision, if Moderna Profit fully provided a given Service with the Consumer’s clear consent, who had been informed that they would lose their right of withdrawal from the Agreement after provision of the Service.
b.the Agreement about service provision in terms of check-in, for purposes different than lodging, item transportation, car rental, gastronomy, rest services, entertainment/sport/cultural events, if a specific day or timeframe of the service provision is specified in an agreement.
4. The Consumer’s right of withdrawal from the Agreement is also void in other cases, as indicated in art. 38 of the Act about consumer rights.
5. The statutory right of withdrawal from an agreement is void in the case of the Rental Agreement.
6. The Client can withdraw from the Rental Agreement within 14 days of the start of the Rental period (the statutory right of withdrawal from an agreement).
7. If the Client exercise the statutory right of withdrawal from an agreement, a downpayment or a Compensation payment made by the Client is refunded within 7 days of the withdrawal from the Rental Agreement by the same payment means used by the Client in the first place, unless the Client consents for a different payment method.
8. The Client can also withdraw from the Rental agreement later than 14 days before the start of the Rental period but not later than 4 p.m. on the first day of the Rental period. In that case, Moderna Profit retains the downpayment.
9. The statutory right of withdrawal from an agreement is void in the case of Special offers and after 4 p.m. on the first day of the Rental period.
XII. RIGHTS AND DUTIES OF THE CLIENT
1. Every Client is obliged to:
a. use the Website in accordance with the law, propriety, the provisions of the T&C and with respect toward the personal rights and intellectual property rights of third parties,
b. submit proper and factual data to the Website and immediately apprise Moderna Profit of any changes to the submitted data,
c. not use hardware, software or other methods that can disturb the functioning of the Website,
d. not post illegal content.
2. The Client and people with access to their Rooms or Suites are obliged to respect the T&C of the facilities.
3. The Client is obliged to check in on the first day of the Rental period at the latest in a way indicated by Moderna Profit. The Client can check in later than the first day of the Rental period after agreeing upon and confirming that with Moderna Profit.
4. If the Client declines to check in on a day indicated by Moderna Profit, Moderna Profit can terminate the Rental agreement without the notice period retainment.
5. The Client cannot spam e-mail inboxes of other Clients or Moderna Profit, especially with advertising messages.
6. The Client, who is also the Consumer has, among others, the following extrajudicial ways of complaint processing and claim pursuance:
a. the Client is entitled to address a permanent court of conciliation functioning as part of the Trade Inspectorate with a request for settlement of the dispute derived from a concluded contract of sale;
b. the Client is entitled to consult a voivodship inspector from the Trade Inspectorate and submit to them a request for the initiation of a mediation process regarding an amicable settlement of the dispute between the Client and Moderna Profit;
c. the Client can receive free assistance regarding the settlement of the dispute between the Client and Moderna Profit by availing themselves of the free assistance of a district (city) consumer advocate or a social organization, whose statutory tasks include Consumer Protection (e.g., Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). The former gives advice over the phone free of charge (800 007 707), whereas the latter does the same thing via e-mail (porady@dlakonsumentow.pl); d. the Client can lodge a complaint through an EU website – ODR (http://ec.europa.eu/consumers/odr/).
XIII. CLIENT LIABILITY UNDER THE RENTAL AGREEMENT
1. The client is obliged to leave a Room or Suite on the day indicated in the Rental Agreement as the last day of the Rental period by 11 a.m.
2. A room or apartment along with a set of keys should be handed over to Moderna Profit in an undamaged condition after the end of the Rental Agreement.
3. If the Client loses the keys to their Room or Suite, they will pay a 350 PLN contractual fine.
4. The Client is liable for any damage that has emerged through their fault or the fault of people accompanying them in their Room or Suite.
5. If a damage is determined, Moderna Profit can deduct an amount equivalent to the valuation of the damage from the Deposit made by the Client.
6. Before the aforementioned deduction, Moderna Profit will apprise the Client of the damage by sending all the documentation about it along with information about the deduction via e-mail.
7. Moderna Profit is entitled to terminate the Rental agreement without the notice period retainment if the Client grossly or insistently contravenes the lodging regulations or incessantly disturbs other Clients with their improper demeanor.
8. The gross contravention of the lodging regulations is understood as:
a. violating the quiet hours that are in effect inside the building containing a particular Room or Suite;
b. subleasing a Room or Suite or lending it to a third party;
c. exceeding the allowed limit of people who can use a Room or Suite stated in the Rental Agreement;
d. violating other provisions of the T&C of the Facilities that results in Moderna Profit calling the Police or other law enforcement services.
9. In the case of termination of the Rental Agreement without the notice period retainment, Moderna Profit keeps the Compensation as a termination fine under the Rental agreement.
XIV. COMPLAINTS IN TERMS OF SERVICE PROVISION BY ELECTRONIC MEANS
1. The Client can lodge a complaint against Moderna Profit in terms of functionality of the Website or used Services. The complaints can be lodged in writing to the following address: Moderna Profit, ul. Świętojańska 45/30, 81-391 Gdynia; via e-mail: profit@moderna.pl or phone: +48 509 132 000
2. The Client should provide their full name, correspondence address, a type and description of issue.
3. Moderna Profit is obliged to consider every complaint within 14 days of its submission, or, if such a course of action is unfeasible, to inform the Client when their complaint may be processed. If a complaint lacks some details, Moderna Profit will ask the Client to complete it within 7 days of the initial submission by the Client.
XV. PERSONAL DATA PROTECTION
1. Moderna Profit collects and processes all personal data provided by its Clients according to the current legal regulations and the Privacy Policy available on the Website.
XVI. FINAL PROVISIONS
1. The sole source of obligations for Moderna Profit is the T&C and mandatory rules of the law.
2. The provisions regarding the Consumer in the T&C about the withdrawal from an agreement, complaints and the procedures of implementing changes to the T&C, are applied to a natural person with a business, which is a direct party of an agreement, without a professional nature for this person especially due to the scope of its business activities, based on the regulations from the Central Registration and Information on Business. Extrajudicial methods of complaint processing and claim pursuance are not applicable.
3. The T&C are available in Polish.
4. Replicating or publishing the T&C or some part of the document without a written consent from Moderna Profit is forbidden.
5. Unless the mandatory rules of the law state otherwise, the Polish law constitutes the foundation for the settlement of all disputes emerged on the grounds of the T&C.
6. The settlement of possible disputes between Moderna Profit and its Client, who is also a Consumer, is entrusted to a relevant court according to relevant rules of the Civil Code.
7. The settlement of possible disputes between Moderna Profit and its Client, who is an Entrepreneur, except for natural persons with sole proprietorship of their businesses, for whom the Service provision Agreement by electronic means is directly linked with their business, but without a professional nature especially due to the scope of its business activities, based on the regulations from the Central Registration and Information on Business, is entrusted to a relevant court with jurisdiction over the headquarters of Moderna Profit.
8. In matters not covered by the T&C, the following sets of regulations are applied: the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act and other relevant regulations of the Polish law.
9. The content of the T&C is subject to change. The Client, who is also the Consumer, will be apprised of any change through the information provided on the main page of the Website, which contains a list of change with their effective dates. An effective date will be announced at least 14 days beforehand.
I. POSTANOWIENIA OGÓLNE
1. The following document defines (hereinafter referred to as: “T&C”) rules of using a Room or Suite, which are made available based on the Rental Agreement by Moderna Profit limited liability company headquartered in Gdynia, Świętojańska 45 lok. 30, 81-391 Gdynia, registered in the Register of Entrepreneurs of the National Court Register kept by the Gdańsk-Północ District Court in Gdańsk, Commercial Division VIII of the National Court Register under the KRS number: KRS 0000819780, with the following REGON number: 385104304, NIP number: 5862351792, registered capital: 5000.00 PLN (hereinafter referred to as: “Moderna Profit”).
2. The Rental Agreement is concluded based on separate Terms of Service of the Website www.scala-apartamenty.pl, hereinafter referred to as: “TOS of the Website”.
3. The following T&C are always available on the Website www.scala-apartamenty.pl, in a way that allows the user to access, restore and preserve the contents by printing or saving on a storage medium at any moment. The T&C can be also found in every Room or Suite made available for rental by Moderna Profit.
II. DEFINITIONS
Terms written with capital letters have meaning imparted by the TOS of the Website, whereas terms given below have the following meanings:
Quiet hours – a timeframe between 9 p.m. and 8 a.m. when Guests are obligated to refrain from noisy behavior;
Common space – places within the facilities which can be used by Guests from different Rooms or Suites;
Hotel day – a timeframe during which a Guest can stay inside a Room or Suite based on the Rental Agreement, a Hotel day starts at 4 p.m. on the Arrival day and ends at 11 a.m. on the Departure day;
Guest – a person that stays in a Room or Suite based on the Rental Agreement included in the TOS of the Website or the TOS of other websites which allow reservation of a Room or Suite used by said person;
Accompanying person – a person not subject to the Rental Agreement signed with a Guest, who stays in a Room or Suite;
Reception – the area where Guests are greeted and checked in by Moderna Profit located at the following address: ul. Łąkowa, Gdańsk;
Arrival day – a day defined in the Rental Agreement as the day starting the rental period;
Departure day – a day defined in the Rental Agreement as the last day of the rental period;
Facilities – a real estate at our disposal that allows renting a Room or Suite;
Check-out – a process during which a Guest leaves a Room or Suite, including key handover and payoffs;
Check-in – a registration of a Guest to a Room or Suite, taking place at the Reception, which constitutes filling out check-in forms prepared by Lion Suites and key handover to a Room or Suite.
III. CHECK-IN
1. Hotel day starts at 4 p.m. on the Arrival day and ends at 11 a.m. on the Departure day.
2. Check-in takes place at the Reception during office hours.
3. Check-in is available only for a person that has turned 18 and has a full legal capacity or a person that has turned 13 if they submit a statement from their guardian/parent about liability for any damage caused by said person at the Reception.
4. If the Guest cannot check in during the office hours, they are obligated to inform the Reception about it at least one day before the Arrival day via phone or e-mail.
5. Moderna Profit provides Guests with guidelines about check-in via e-mail on the Arrival day at the latest.
6. If the Guest rejects check-in, they automatically terminate the Rental Agreement without retaining the notice period and receive a termination fine amounting to the Compensation stated in the Agreement.
IV. LODGING REGULATIONS
1. The hotel-wide ban on smoking and intoxicants is in effect in every room and Suite. If any Guest contravenes this policy, they are subject to a 500 PLN fine for each violation.
2. Guests and Accompanying people staying in a Room or Suite are obligated to respect the following T&C, the Quiet hours policy, the OSH rules and fire protection regulations, and comport themselves with propriety.
3. Moderna Profit can call the Police or other law enforcement services if it suspects the Guest may have violated the aforementioned points, especially if said Guest is under the influence of intoxicants or alcohol, in a state that prevents them from conscious decisions or makes them aggressive toward the Room/Suite service staff. In such cases, Moderna Profit has the right to instantaneously terminate the Rental Agreement and retain the Compensation stated in the Agreement in the form of a termination fine.
4. A third party can stay in the Guest’s Room or Suite between 8 a.m. and 10 p.m.
5. The Guest cannot share their Room or Suite with a third party, including pets, that has not been reported by them during order submission. For the sake of the T&C, sharing is considered as a presence of a third party in a Guest’s Room or Suite between 10 p.m. and 8 a.m.
6. If the Guest violates this point, they can be fined based on the current rate for renting a Room or Suite for a person or pet during the duration of the Rental Agreement.
7. When using a Room or Suite, a Guest cannot:
- light candles or incense, use a fireplace or barbecue grill;
- sublease a Room or Suite to a third party, also during the duration of the Rental Agreement;
- remove parts of the equipment or décor of a Room or Suite or move them between Rooms or Suites;
- leave a person under the age of 13 or a pet unsupervised.
8. If the Guest violates the prohibition of lighting candles, incense, using a fireplace or barbecue grill, they are subject to a 500 PLN fine.
9. The Guest is obligated to properly secure their Room or Suite prior to every temporary departure, especially by closing the windows and locking the front door. The Guest holds material liability if they improperly secure or refrain from securing their Room or Suite, the Guest will be held liable in the material sense.
10. The Guest can receive a remote or card for the entrance gate (hereinafter referred to as: “Remote”) in the case of some Rooms or Suites. The Guest is obligated to take care of the Remote. If the Guest loses it, they can be subject to a 400 PLN fine.
V. CHECK-OUT
1. The Guest is obligated to depart their Room or Suite by 11 a.m. on the Departure day. Failure to do so will result in a fine based on the rate for using a Room or Suite for additional Hotel days which is in effect on the Departure day.
2. The Guest can submit a request to extend their Rental Agreement by 2 p.m. the day before the Departure day, at the Reception, via phone or e-mail. The staff will momentarily inform said Guest of the extension possibility and the price.
VI. COMPLAINTS, MODERNA PROFIT’S LIABILITY
1. Moderna Profit is liable for any lost or damaged item brought by the Guest to their Room or Suite based on regulations in effect at hotels or similar establishments, according to art. 846 of the Civil Code, unless a damage is caused by a property of an item, force majeure or only through the fault of the injured party or a third party in the form of an accompanying, employed or visiting person.
2. The Guest has the right to lodge a complaint in case of any breach of the Rental Agreement.
3. The Guest can lodge complaint via e-mail: profit@moderna.pl.4. In well-founded cases, the Guest can request an arrival of an employee to their Room or Suite.
VII. GUEST LIABILITY
1. The Guest holds material liability for any damage caused by their behavior or actions performed by a third party or pets staying in their Room or Suite.
2. If the Guest submits an unfounded request to arrive at a Room or Suite. they can be subject to a 200 PLN termination fine and a payment of travel expenses.
3. The Guests is liable for losing or damaging items from the Common space of Rooms and Suites.
VIII. FINAL PROVISIONS
In matters not covered by the T&C or TOS of the Website, the Civil Code is applied.
