BOOKING SERVICE REGULATIONS
DOMKIULKOWO.PL
Thank you for visiting our online booking service available at the internet address https://domkiulkowo.pl
(hereinafter: "Domkiulkowo.pl", "Internet Service" or "Website").
Through the Website, we enable you to familiarize yourself with the offer of our houses, as well as to make contact and make a reservation in order to conclude a rental agreement.
The formula of these regulations assumes the establishment of general terms and conditions of using the Website. These conditions, if you decide to use Domkiulkowo.pl, regulate in particular the rules of using the functionalities and resources of the Website, including the issues of our liability.
We invite you to familiarize yourself with the regulations,
Team Domkiulkowo.pl
1) General provisions
- The owner of Domkiulkowo.pl is Mateusz Stani running a business under the name STANDOM MATEUSZ STANI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for service: ul. Chopina 4, 84-200 Wejherowo, NIP: 5882398354, REGON: 221794718, e-mail address: kontakt@domkiulkowo.pl, contact telephone number: +48 608 764 880.
- These Regulations are addressed to all persons using the Website, unless a given provision provides otherwise. The provisions of these Regulations are not intended to exclude or limit any rights of consumers or natural persons referred to in art. 385[5] of the Civil Code, to which they are entitled under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
- The administrator of personal data processed on the Website in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator on the Website, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. Using the Website is voluntary. Similarly, providing personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (e.g. handling Reservations and statutory obligations of the Service Provider).
- Terms used in these Regulations and beginning with a capital letter mean:
- REGULATIONS - these regulations of the Website.
- WEBSITE, WEBSITE, DOMKIULKOWO.PL - the Service Provider's website available at the Internet address http://domkiulkowo.pl.
- RESERVATION - Customer's declaration of intent aimed at concluding a Rental Agreement under the conditions specified in the content of the Reservation. Reservation can be made using the Reservation Form available on the Website, by phone or via e-mail.
- RESERVATION FORM - Electronic Service, an interactive form enabling the Service Recipient to make a Reservation by specifying the basic terms of the Lease Agreement, including selecting a house, period of stay and method of payment. RENTAL AGREEMENT - a distance contract concluded by the Customer with the Service Provider, the subject of which is the provision by the Service Provider to the Customer of accommodation services, other than for residential purposes, consisting in making available to the Customer a selected house for the period of stay covered by the Customer's Reservation. The Lease Agreement may also include the provision of other, additional services related to the lease, if it results from the arrangements made by the parties during the Booking process.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Regulations.
- SERVICE RECIPIENT, CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - using or intending to use Electronic Services at Domkiulkowo.pl, including one that is interested in concluding a Rental Agreement.
- SERVICE PROVIDER - Mateusz Stani running a business under the name STANDOM MATEUSZ STANI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for service: ul. Chopina 4, 84-200 Wejherowo, NIP: 5882398354, REGON: 221794718, e-mail address: kontakt@domkiulkowo.pl, contact telephone number: +48 608 764 880.
- PAYU.PL - external provider of payment services, i.e. PayU SA with its registered office in Poznań (address of the registered office: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000274399, registration files kept by the Court District Poznań - Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 7,789,000.00
paid in full; NIP: 7792308495. CIVIL CODE - the Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws of 2022, item 1360, as amended). - COPYRIGHT - the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2022, item 2509).
- ACT ON CONSUMER RIGHTS - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
2) Electronic services available at domkiulkowo.pl
Each Service Recipient may use the Website under the conditions specified in the Regulations.
Using the Electronic Services is free of charge, unless the Regulations provide otherwise.
Through Domkiulkowo.pl, the Service Provider provides the following Electronic Services to the Service Recipients:
the opportunity to get acquainted with the details of the Service Provider's business activity consisting in short-term rental of houses presented on the Website;
searching and browsing the cottages available on the Website;
making a Reservation using the Reservation Form.
A detailed description of the Electronic Services and the rules of their operation is available on the Website and in these Regulations.
The Service Recipient is obliged to use the Website in a manner consistent with the law and morality, bearing in mind respect for personal rights and copyrights and intellectual property of the Service Provider, other Service Recipients and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content. The Service Recipient is prohibited from using the Website to disseminate unsolicited commercial information (spam). The Service Recipient is also prohibited from taking any actions that may disrupt the functioning of the Website.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser in the current version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920×1080; and (5) enabling the option of saving Cookies and Javascript in the web browser.
The service provider complies with art. 14 sec. 1 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344), according to which: shall not be liable for the stored data who, when making the resources of the ICT system available for storing data by the service recipient, does not know about the unlawful nature of the data or activity related to them, and in the event of receiving an official notification or obtaining credible information about the unlawful nature of data or activity related to them, immediately will prevent access to this data.
The Service Provider makes reasonable efforts to ensure that the use of the Website is safe for the Service Recipients. Using the Website, however, is associated with standard Internet risks. The basic threat to every Internet user, including people using Electronic Services, is the possibility of "infecting" the ICT system by various types of malware created mainly to cause damage or gain unauthorized access to the Service Recipient's data. In order to avoid the risks associated with this, the Service Provider recommends that the Service Recipient provide his equipment, which he uses when connecting to the Internet, with an antivirus program and constantly update it by installing its latest versions, as well as updating the web browser and the operating system of his end device on an ongoing basis.
3) Terms of booking and concluding a rental agreement
- Through the Website, it is possible for the Customer to make a Reservation for a stay in one of the houses available in the offer of Domkiulkowo.pl.
- The website is intended to facilitate the Customer's submission of the Reservation and conclusion of the Rental Agreement. Submission of the Reservation and conclusion of the Rental Agreement may also take place in accordance with the Customer's choice in other legally permissible ways, including via e-mail or telephone. Regardless of the place and form of contact with the Customer, the Rental Agreement is always concluded in accordance with generally applicable regulations, including the Civil Code and the Act on Consumer Rights, in particular as a result of the acceptance (confirmation) of the Customer's Reservation by the Service Provider.
- Detailed information on available cottages and their equipment, accommodation prices and additional services are provided to the Customer on the Website, in particular in the description of a given cottage before starting the Booking.
- The accommodation price shown on the Website is given in Polish zlotys and includes taxes. The total price including taxes, as well as other possible costs (e.g. refundable deposit), and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Website, including when expressing the will to submit reservation.
- Unless otherwise agreed by the parties, the condition for accepting the Customer's Reservation is the Customer's advance payment in the amount specified when making the Reservation. The deposit should be paid immediately, not later than within 48 hours from the moment of making the Booking. The payment is deemed to have been made when the Service Provider's bank or settlement account is credited. Otherwise, the Reservation will not take place and the Customer, wishing to conclude a Lease Agreement with the Service Provider, should repeat the process of submitting the Reservation as the first time.
- The procedure for concluding a Rental Agreement via the Booking Form is as follows:
Conclusion of the Rental Agreement is possible after prior submission of the Reservation using the Reservation Form on the Website.
The use of the Reservation Form begins when one of the houses available at Domkiulkowo.pl is selected for the period of stay indicated by the Customer. Submission of the Reservation takes place after the Customer completes a total of two subsequent steps - (1) after completing the Reservation Form with data indicated as mandatory and (2) clicking on the Website after completing the form, the field "I make a reservation with the obligation to pay” – until then, it is possible to modify the entered data on your own (for this purpose, follow the displayed messages and information available on the Domkiulkowo.pl website). In the Booking Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, e-mail address and telephone number. A non-consumer customer who wishes to receive an invoice should also provide the company name, tax identification number and address of the place of business.
The Electronic Service Reservation Form is provided free of charge and is of a one-off nature and ends when the Reservation is made through it or when the Recipient ceases to submit the Reservation through it.
Payment of amounts due at the time of placing the Reservation (e.g. down payment) is possible by means of electronic payments or a payment card supported by the PayU.pl service - the current payment methods are specified when submitting the Reservation and on the website https://www.payu.pl. The Service Recipient should make the payment immediately after submitting the Reservation and redirecting it to the payment gateway, otherwise the payment session may expire.
After submitting the Reservation, the Service Provider immediately confirms its receipt and at the same time accepts the Reservation for execution. Confirmation of receipt of the Reservation and its acceptance for implementation takes place by sending by the Service Provider to the Customer an appropriate e-mail to the Customer's e-mail address provided when making the Reservation, which contains at least the Service Provider's statement on receipt of the Reservation and its acceptance for implementation and confirmation of the terms of the Lease Agreement.
Upon receipt of the above e-mail by the Customer, a Rental Agreement is concluded between the Customer and the Service Provider, subject to the condition of paying the advance payment by the Customer in the amount and time specified in point 3.5 of the Regulations.
The content of the concluded Lease Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Domkiulkowo.pl website before making the Reservation and (2) sending the Customer the e-mail referred to in point 3.6 lit. d) above. The content of the Booking made is additionally recorded and secured in the Domkiulkowo.pl ICT system.
The Rental Agreement is concluded for the period of stay indicated in the Customer's Booking. The Customer is obliged to leave the room being the subject of the Lease Agreement at the latest before the end of the hotel day on the last day of the stay indicated in the Booking. Extension of the Lease Agreement is possible with the consent of the Service Provider in the event that the selected house has not been previously booked by another Customer, and after paying the price of accommodation for an additional period of stay.
The remaining part of the accommodation price (after deduction of the down payment) and other possible costs, about which the Customer was informed during the Booking (e.g. refundable deposit), are payable in cash or by credit card on the first day of the stay at the Customer's accommodation.
The customer is obliged to use the house only for the period for which the Lease Agreement was concluded, in the manner specified in these Regulations, in a manner corresponding to its properties and purpose, in accordance with the principles of social coexistence, in a manner that does not disturb the peace of third parties, including other guests . The customer is obliged to familiarize himself with the detailed rules of stay provided by the Service Provider on the Domkiulkowo.pl website, including the rules applicable to the house of his choice. Detailed conditions for the use of the houses available in the Domkiulkowo.pl offer can be found on the Website. This information is an integral part of the concluded Rental Agreement and the Customer is obliged to read it before making a Reservation.
4) Contact with domkiulkowo.pl
The main form of ongoing remote communication with the Service Provider is electronic mail (e-mail: kontakt@domkiulkowo.pl) and telephone (+48 608 764 880), through which you can exchange information with the Service Provider on the use of Domkiulkowo.pl, presented houses and made Reservations. The Service Recipients may also contact the Service Provider in other ways permitted by law, using the contact details provided in the Regulations.
5) The procedure for dealing with complaints regarding domkiulkowo.pl
This point 6 of the Regulations defines the complaint handling procedure common to all claims regarding the Website, in particular complaints regarding Electronic Services, Reservations, Rental Agreements and other notifications related to the operation of the Service Provider or the Website.
The basis and scope of the Service Provider's responsibility for the operation of the Website and the performance of the concluded Lease Agreement are defined by generally applicable laws, in particular in the Civil Code, the Act on Consumer Rights and the Act of 18 July 2002 on the provision of electronic services (i.e. Journal .U. of 2020, item 344).
A complaint may be submitted, for example:
in electronic form via e-mail to the following address: kontakt@domkiulkowo.pl.
The Service Provider recommends providing in the description of the complaint as much information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity, as well as the expectations and contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
In the event of a change in the contact details provided by the person lodging the complaint during the consideration of the complaint, he is obliged to notify the Service Provider thereof.
The complaint may be accompanied by evidence (e.g. photos, documents) related to the subject of the complaint. The Service Provider may also ask the complainant to provide additional information or send evidence, if this facilitates and accelerates the consideration of the complaint by the Service Provider.
The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
It is recommended that all complaints related to the rented house or its equipment, in particular regarding damage, defects or other non-compliance with the Rental Agreement, be reported directly at the accommodation, and in the event of their occurrence later, report them immediately after finding them during the stay – this will facilitate the execution of the complaint in the least burdensome way for the Customer. In the event of any defects, depending on their type and size, the Service Provider will determine the further course of action with the Customer. This also does not exclude the Customer's other rights under mandatory provisions of law.
6) Statutory right of withdrawal
According to Art. 38 of the Act on Consumer Rights, the right to withdraw from a distance contract is not entitled to the consumer in relation to contracts for the provision of accommodation services, other than for residential purposes, transport of goods, gastronomy, car rental, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service provision.
Subject to point 6.1 of the Regulations, the Service Recipient who is a consumer or a natural person referred to in art. 7aa of the Act on Consumer Rights, a consumer who has concluded a contract for the provision of remote services with the Service Provider may withdraw from it without giving reasons by submitting a relevant statement within 14 days of its conclusion. To meet this deadline, it is enough to send a statement before its expiry, in particular via e-mail to the following address: kontakt@domkiulkowo.pl or in writing to the following address: ul. Chopina 4, 84-200 Wejherowo.
7) Out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures
Out-of-court methods of resolving disputes include (1) allowing the parties to reconcile their positions, for example through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. as part of arbitration (arbitration court). Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
There is a contact point at the President of the Office of Competition and Consumer Protection whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail - by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Head Office at Plac Powstańców Warszawy 1 in Warsaw (00-030).
The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection; or (3) assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on working days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator's tariff).
At the address http://ec.europa.eu/odr the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8) Provisions concerning entrepreneurs
This point 8 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer. In addition, from January 1, 2021 and for contracts concluded from that date, this point of the Regulations and all provisions contained therein are not addressed and thus do not bind the Customer or the Service Recipient who is a natural person referred to in art. 385[5] of the Civil Code, i.e. concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, unless the provisions contained in this point of the Regulations are not prohibited for these persons.
The Service Provider has the right to withdraw from the contract concluded with the Customer within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Service Provider.
The Service Provider is entitled at any time to take action to verify the truthfulness, reliability and accuracy of the information provided by the Service Recipient, in particular when submitting the Reservation. In the scope of verification, the Service Provider is entitled, among others, to: to request the Service Recipient to send a scan of their certificates, attestations or other documents necessary for verification. During the verification referred to in the previous sentence, the Service Provider is entitled to suspend the acceptance of the Reservation or the performance of the concluded Lease Agreement for the duration of the verification.
The Service Provider's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the accommodation price paid under the Lease Agreement, and in any case not more than one thousand zlotys. The amount limit referred to in the previous sentence applies to all claims directed by the Service Recipient / Customer against the Service Provider, including in the event of failure to conclude a Rental Agreement or not directly related to the Rental Agreement. The Service Provider is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract with them and is not liable for lost profits.
The Service Provider shall not be liable to the Service Recipient/Customer for damages and failure to fulfill obligations resulting from force majeure or any other reasons beyond the control of the Service Provider (e.g. force majeure events).
Any disputes arising between the Service Provider and the Service Recipient/Customer shall be submitted to the court competent for the seat of the Service Provider.
9) Copyright
Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, patterns and signs available within it, belong to the Service Provider or other authorized third parties and are protected by Copyright Law and other provisions of generally applicable law. laws. The protection granted to the Website covers all forms of its expression.
Trademarks of the Service Provider and third parties should be used in accordance with applicable law.
10) Final Provisions
- Agreements concluded on the basis of these Regulations are concluded in accordance with Polish law and in Polish.
- Amendment of the Regulations:
- The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; being subject to a legal or regulatory obligation; changes in payment methods and dates; adding, removing or changing Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Service Provider's website, its Electronic Services and Service Recipients against fraud, malware, spam, data breach or other cybersecurity threats; improving the quality of customer service; changes in the Service Provider's data - to the extent that these changes affect the implementation of the provisions of these Regulations.
- Amendments to the Regulations will not in any way infringe the rights acquired by the Service Recipient / Customer before the date of entry into force of the amendments to the Regulations, and above all, the changes will not affect already made and submitted Reservations and concluded, implemented and performed Lease Agreements.
- In the event of concluding continuous contracts on the basis of these Regulations, the amended Regulations bind the Customer, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer or a natural person referred to in art. 385[5] of the Civil Code, has the right to withdraw from the contract.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344); Consumer Rights Act; Copyright; and other relevant provisions of generally applicable law.
Thank you for your careful reading!
If you have any questions, we are always at your disposal - please contact us.
We invite you to cooperate,
Team Domkiulkowo.pl