Rules

GENERAL TERMS AND CONDITIONS OF USING THE APARTMENT BY THE CUSTOMER

SUN & SNOW – SUN & SNOW Spółka z ograniczoną odpowiedzialnością [limited liability company] with its registered office in Warsaw, located at ul. Gałczyńskiego 4, 00-362 Warsaw, entered into the Register of Entrepreneurs kept by the District Court in Warsaw, XIII Commercial Division of the National Court Register under number 000318497, REGON (National Business Registry Number): 141534979, NIP (Tax Identification Number): 5213507582, being a party in the Apartment tenancy agreement for leisure or tourist stay with the Customer.

Customer – a natural person or legal entity being a party in a temporary residential premises usage agreement (Apartment tenancy agreement for a leisure or tourist stay) being held by Sun & Snow.

Apartment – a residential premises described in detail in the offer presented on the Sun & Snow webpage, which the customer is renting for a temporary stay for leisure or tourist purposes.

§ 1

General provisions

1. The following general terms and conditions of using the premises, hereinafter referred to as the Terms, are an integral part of the Apartment tenancy agreement for a leisure or tourist stay, concluded by the Customer and Sun & Snow or an agent representing Sun & Snow, the sample of which is available at the website sunandsnow.pl.
2. Sun & Snow hereby declares that, pursuant to the agreement concluded with the owner of the residential premises, hereinafter referred to as the Apartment, it is entitled, within the scope of the performed renting management, to temporarily make the Apartment available to Customers for short-term leisure or tourist stays.
3. Within the tenancy agreement, Sun & Snow obliges to prepare the Apartment for the Customer and make it available in return for the agreed remuneration.
4. Sun & Snow complies with the Good practice code in the field of the hotel industry (the Hotelkeeper Code) dated 2004.
5. Sun & Snow also renders services accompanying the short-term tenancy of an Apartment, such as: marketing services, advertising services, keeping the premises clean and tidy, supervision, and informational services.

 § 2

Reservation

1. Prior to making a reservation and concluding a tenancy agreement, the Customer obliges to get familiarized with the contents of the Terms and Conditions. Making a reservation is equal to accepting the Terms and Conditions.
2. A reservation can be made with the assistance of the ICT system. In such a case, the Customer is forbidden to provide content of illegal nature.
3. The catalog of Apartments currently available for short-term tourist tenancy along with their detailed description is available at the website www.sunandsnow.pl. The photos presented in the offer are for illustrative purposes only. In the apartments managed by Sun & Snow Sp. z o.o., traces of use may be visible, which result from the natural wear and tear of the apartments and do not affect their value in use.
4. The Customer can make an Apartment reservation in  the following ways:

1. on-line, via the website www.sunandsnow.pl
2. via e-mail (e-mail address: rezerwacja@sunandsnow.pl
3. via phone, number +48 (22) 450 26 26

       5.Upon making an Apartment reservation on-line or via e-mail, the Customer will receive to their e-mail inbox a form in which there will be information regarding the reservation (registration number, location, time period, reservation price, method of payment) and a link confirming that the reservation has been made. Confirming the reservation is done by clicking the confirmation link provided in the above-mentioned form, which results in concluding a tenancy agreement between Sun & Snow and the Customer. In case of not receiving a form for the confirmation of the reservation, the Customer should contact the Sun & Snow reservation center via phone within 24 hours from making the Apartment reservation so as to confirm the reservation via phone or to retry sending the form via electronic means.

       6.In case of making a reservation via phone, confirmation is also to be made via phone. Confirmation of making a reservation via phone also results in concluding an agreement on the conditions defined in the Terms and conditions.

       7.In case of making a reservation and not confirming it within 24 hours from when it has been made, the reservation shall be cancelled.

       8.An Apartment reservation can be made for a period of at least 1 day which is also the minimum period of the validity of the tenancy agreement.

       9.The Apartment photographs, equipment, facilities and prices provided on the website are only of informational, demonstrative and advertising nature. The actual Apartment condition and price shall be given in the form obtained after making the reservation or during a phone conversation.

      10. The discounts presented on the website www.sunandsnow.pl automatically reduce the rental value during a specified period. They can be combined with individual Sun & Snow discount codes and discount codes from external providers. Sun & Snow discount codes and discount codes from external providers cannot be combined with stay vouchers. Sun & Snow reserves the right to differentiate discount codes regarding their compatibility with other discounts. Value Voucher are a form of payment, and their use is not subject to any restrictions.

      11. Sun & Snow collaborates with Oktan Brzeski Grzenkowicz sp. z o.o., located at 7 Bohaterów Westerplatte Street, 76-200 Słupsk, registered in the National Court Register (KRS) under the number KRS 0000856814. Oktan Brzeski Grzenkowicz operates a recreational facility in Hel, at 11 Kuracyjna Street, under the name "Cypel Helski" (hereinafter referred to as "Cypel Helski").

Sun & Snow offers accommodation services at Cypel Helski through an intermediary cooperation. The offers related to Cypel Helski will be indicated on the website www.sunandsnow.pl under the section "Cypel Helski." In the case of telephone reservations, explicit information will be provided regarding Cypel Helski.

In the event of a reservation for Cypel Helski made by the tourist, the accommodation service will be provided by Cypel Helski in accordance with the current regulations available at the following link: https://cypelhelski.pl/regulamin/. The provisions specified in this paragraph will also apply.

By making a reservation for accommodation at Cypel Helski, the tourist acknowledges having read the regulations of Cypel Helski and declares compliance with its provisions.

The offer for Cypel Helski will have the following characteristics and conditions in every case: To avail themselves of the accommodation offer through Sun & Snow, the tourist must make a 100% payment of the stay value within one hour from the time of reservation; Reservations made by the tourist are non-refundable; The tourist may change the reservation date no later than 7 days prior to the arrival date, subject to availability of the selected type of accommodation at Cypel Helski for the new date; Upon arrival, the tourist will directly pay the tourist tax and other required fees to Cypel Helski. The invoice for the fees paid directly to Cypel Helski will be issued by that entity.

Any complaints or claims should be addressed directly to Cypel Helski in accordance with the regulations mentioned in section above.

In matters not regulated by the regulations of Cypel Helski, the provisions of this regulation will apply.

 § 3

Payment for the service and payment terms

1. The amount to be paid for renting the Apartment for a tourist stay is stated in the reservation confirmation form each time after making a reservation, or when making a reservation via phone (§ 2 par. 4 and 5 of the Terms).
2. The fee  indicated in the price offer on the webpage and in the reservation form includes 8% tax on goods and services.
3. The fee for renting an Apartment includes:

1. a fee for the preparation of the Apartment
2. a fee for staying in the Apartment of the number of persons accepted in the agreement

       4.Additional fees and deposits may be added to the renting fee, indicated in the reservation form or in the agreement.

       5.The tenancy agreement does not include additional cleaning, additional replacement of linen and towels, renting a baby crib, stay of an animal and the costs of parking.

6. The remaining apartment rental fee (75% of the order amount) can be paid by the Customer online using the electronic payment link sent in the e-mail message that the Customer receives after booking or in their Residence Manager Click & Stay using the Fiserv system. You can also make a traditional transfer (only the date when payment is accounted for in the booking counts). The funds on the Sun & Snow account should be credited up to 5 days before the start of the stay. The reservation fee is non-refundable.
7. Payments can be made:

1. To the Sun & Snow bank account: 05 1160 2202 0000 0001 3190 2575
2. Via credit card at the local Sun & Snow offices (please find the address in the "Contact" tab at the website)
3. Via Fiserv Polska S.A.
4.  PayPo payment via the external payment system "imoje" operated by ING Bank Śląski S.A. based in Katowice

8. To receive an invoice, please provide your details within 24 hours from the moment of receiving the confirmation. The information should be entered on your own in the Account or sent to the invoicing address: faktury@sunandsnow.pl, with provided the reservation number in the title.All modifications regarding sales invoices (invoice splitting, data changes) are possible at most up to 2 days after the end of the stay, provided that the Tourist sends all necessary information to the email address invoice@sunandsnow.pl. Sending invoice-related information to other email addresses will not be considered."

§ 4

Changing and cancelling a reservation by the Customer

1. The customer can change the reservation free of charge up to 14 days before the planned arrival. For this purpose, the customer should contact the Reservation Department in Warsaw at this phone number 224502626 or the local office (phone numbers available on the website www.sunandsnow.pl in the "contact" tab).
   
   
2. The possibility of changing the date, location and apartment. Making a change in the reservation may result in a change in the rental price.
   
   
3. If it is not possible to change the date of stay and the Customer has withdrawn from the contract, i.e. canceled the reservation or failed to meet the conditions of the contract (has not arrived), Sun & Snow reserves the right to retain the entire paid payment.
   
   
4. If the reservation was paid for with points or vouchers, the Customer is not entitled to free cancellation of the reservation. Resignation from the stay will result in the loss of all paid points/voucher.

§ 5

Changing and cancelling a reservation by Sun & Snow

1. Changing the reservation by Sun & Snow is possible only when there is the existence of a force majeure, making it impossible to perform contractual obligations from the side of Sun & Snow. A force majeure is understood as one of the following: natural disasters, seizure of an apartment by any national authority for any purpose, strikes, wars and riots, as well as deprivation of the apartment of electricity, gas, heat or water by the supplier. In such an event, Sun & Snow is obliged to offer to the Customer a different date or withdraw from the agreement, returning to the Customer the paid reservation fee (reservation cancellation).
2. In emergency situations (an emergency or any other fortuitous event in the Apartment), Sun & Snow reserves the possibility to provide a substitute apartment with parameters and size similar to the reserved Apartment and in the same location. In case the Customer does not accept the substitute Apartment, the agreement is terminated and Sun & Snow is obliged to return to the Customer the previously paid reservation fee.
3. Sun & Snow reserves the right to cancel a reservation without justifying this decision within 24 hours from when the reservation has been made. In the case of reservation cancellation, the customer shall receive a return of all the previously paid amounts.

 § 6

The Customer stay procedure

1. The stay in the apartment begins at 16.00 on the first day of the reserved period. The Customer is obliged to accept the Apartment from the Sun & Snow representative at the time approved by the Parties. Working hours of local offices are listed on the website www.sunandsnow.pl/kontakt.  Check-in before 3:45 PM on the day of arrival is subject to apartment availability. The availability of the apartment before this time should be confirmed with a local representative each time. Check-in before 3:45 PM on the day of arrival comes with an additional fee of 50 PLN gross, which the Guest should settle on the day of check-in.

1. The customer is obliged to sign the rental agreement in the Residence Manager Click & Stay on the day of check-in at the latest (regardless of the method of booking, i.e. the distribution channel). In exceptional cases, the Customer may sign the rental agreement at the local office on the day of check-in during the working hours of the local office after prior contact.
2. Until 10.00 am (unless otherwise agreed with Sun & Snow) the customer is obliged to leave the apartment. If the Customer collected the keys at the local office on the day of arrival, they are obliged to return them to the Sun & Snow representative on the day of check-out at the local office. If the Customer does not leave the apartment by 10:00, Sun & Snow will charge the Customer with the cost of the next night and keep the deposit.

3. The client who makes more than one reservation for the same or similar period agrees to allow the Sun & Snow representative to verify the information on the identity card with the data provided by the client in the lease agreement when signing the registration card through the Click & Stay stay manager. A Sun & Snow representative will check the identity card on the day of the client's check-in. If the client's arrival occurs outside the opening hours of the local office, a Sun & Snow employee will verify the client's identity card on the next day of the stay, arranging a convenient time for the visit to the apartment.

4.  To secure any claims for damages, Sun & Snow has the right to collect a deposit from the Customer in the amount of PLN 300 for the stay in the Apartment at the latest on the day of signing the rental agreement by the Customer. The deposit is collected by electronic payment (card pre-authorization) in the Residence Manager Click & Stay. In exceptional situations, the customer may pay the deposit in cash at the local office at the latest on the day of check-in, taking into account the working hours of the local office. The deposit is interest-free and is returned after the end of the customer's stay. Sun & Snow reserves the right to check the apartment within a maximum of 5 days from the Lessee's departure. In the case of cash payments, the deposit will be refunded by bank transfer after check-out within 10 days from the moment of providing the bank account number by the Guest. If a pre-authorization of PLN 300 has been made on the Customer's card, the funds will be released by an employee of the local office within a maximum of 5 days from the date of check-out.

          The release of blocked funds on the card depends on the bank which issued the Customer’s payment card. It can last from 10 to 30 days.

5. The Customer is obliged to comply with lights-out as well as the building's OHS and fire protection regulations. Any behaviors disturbing the tenants' leisure between 22:00 and 06:00 are forbidden.
6. If any damages occur in the apartment during the Tenant's stay, causing a need to stop renting the apartment or cancel subsequent reservations, the Tenant agrees to compensate Sun & Snow for any financial losses. Sun & Snow will inform the Tenant of the amount owed for these losses. The Tenant is obligated to pay for any damages they cause while using the apartment. Sun & Snow reserves the right to deduct the amount related to the lost benefits from the deposit paid by the Tenant by withholding the deposit/charging the Tenant's credit card.
7. The Customer obliges to use the Apartment pursuant to its purpose, to not remove any elements of the Apartment's equipment and decoration, as well as obliges to not copy the keys to the Apartment which have been provided to them for the time of their stay.

8. The apartment’s equipment list can be found in a visible place in the apartment. The tenant is obliged to report any shortage of equipment to the Sun & Snow employee within 2 hours after check-in at the apartment. Failure to report any shortage of equipment is tantamount to confirmation by the tenant that the equipment is complete and in good condition. In the event of a damage caused during the stay in the apartment and resulting from its improper use, the costs of repairing the damage will be covered in full by the tenant by retaining part or all of the deposit by Sun & Snow and/or charging the tenant’s credit card. If the repair cost exceeds the amount of the deposit collected, it is the tenant’s responsibility to pay the difference. The repair cost will be estimated based on market prices.

9. The Customer is obliged to secure the Apartment in case of leaving it each time by closing the windows and entry doors and keep careful watch over the key.

8. Smoking inside the apartments is forbidden. A customer who does not comply with this regulation shall be charged with a fee of 500 Polish zloty, being the equivalent of the costs of washing the curtains and bedspreads which were inside the apartment.
9. The Customer is obliged to secure the Apartment in case of leaving it each time by closing the windows and entry doors and keep careful watch over the key.
10. The Customer obliges to make sure the number of persons staying with them inside the Apartment does not exceed the number stated as maximum in the catalog, on the website or in the reservation form.
11. The Customer obliges to not keep animals in the Apartment (unless it was agreed otherwise with Sun & Snow or its reservation office). The customer is obliged clean up after his pet (this applies to both the apartment and the balcony / terrace / garden). Otherwise, Sun & Snow reserves the right to impose a contractual penalty in the amount of additional PLN 100.When picking up the key to the apartment from the key dispenser, the client is obligated to return the key with the attached mounting element, namely the SAIK Lock cylinder (hereinafter referred to as "SAIK Lock Cylinder") on the day of check-out to the key dispenser. Failure to return the complete set (key with SAIK Lock Cylinder) to the key dispenser will result in a penalty of 500 PLN gross imposed on the client. The aforementioned amount will cover the cost of purchasing the SAIK Lock Cylinder and replacing the lock. Failure to return only the key or only the SAIK Lock Cylinder to the key dispenser does not reduce the amount of the penalty. In case of any doubts or need for assistance regarding the use of the equipment described in this paragraph or the terminology used in this paragraph, the client should contact a local branch employee. 

12. The guest agrees to leave the Skipass card in the apartment, which grants access to the slopes at the Czarna Góra Resort on the day of checkout. If the guest fails to leave the Skipass card, they will be charged a penalty of 25 PLN (the fee will be taken from the guest's security deposit).

13. Summoning Sun&Snow employees or any affiliated personnel by the Client in situations that do not pose a threat to the life or health of the Client, are unrelated to a serious malfunction that occurred in the apartment during the stay, and are not caused by Sun & Snow will result in imposing a penalty of 150 PLN on the Client. This amount will be deducted from the deposit paid by the Client.

14. The Customer, along with all accompanying persons, is obliged to enable the Sun & Snow representative to temporarily register their residence in the Apartment by showing the Sun & Snow representative an ID with a photo. Otherwise, the Sun & Snow employee has the right to refuse to hand over the keys to the Apartment to the Client.
15. Sun & Snow is not responsible for any inconveniences occurring during the Guests' stay related to: building works or finishing works which may be conducted on the building premises where the apartment is located, as well as within the area surrounding it, as well as for no supply of utilities (inter alia electricity, water, heating) due to independent causes, or for loud noises coming from the neighboring real estates. In the event of a breach of the rules set out in this paragraph, Sun & Snow has the right to retain the funds paid for the deposit, which will cover the cost of an additional (unreported) person staying in the apartment, and restoring the apartment to its original or proper condition. In the event of an exceptionally serious or hooligan violation of the rules set out in this paragraph, Sun & Snow has the right to terminate the contract with immediate effect and remove the Customer and their accompanying persons from the apartment. During the stay in the Apartment, the Customer has the right to submit any comments and requests by calling the telephone number available on the information card provided on the day of check-in.
16. During the stay at the Apartment, the Customer is entitled to submit any remarks or demands at the phone number provided in the written information which is present inside the Apartment.

§ 7

Contact details

1. Sun & Snow uses the following contact details:

1. phone number: +48 (22) 450 26 26 (the phone numbers of the local offices are provided on the website under the "Contact" tab)

1. internet website address: http://www.sunandsnow.pl/

1. e-mail address: rezerwacja@sunandsnow.pl

1. The owner of the www.sunandsnow.pl website is Sun & Snow Sp. z o. o. The owner is also entitled to the respective property rights.

 § 8

Withdrawing from an agreement

1. The customer has the right to withdraw from the rental agreement without giving a reason.
2. The right to withdraw from a contract concluded via the Internet is governed by the Consumer Rights Act of 30 May 2014, which implements the EU Directive 2011/83. It follows from this act that the right to return goods purchased online does not apply to accommodation services.

If the customer exercises the right to withdraw from the contract during the stay, the customer bears all fees related to the reservation, i.e. the customer loses the reservation fee paid (25%), and is also obliged to pay the remaining fee for the stay (75%). In such a case, the customer is not entitled to a refund of the one-time fee for preparing the apartment.

If the customer exercises the right to withdraw from the contract within 14 days before the planned check-in or in less than 14 days, the customer loses the full amount paid for the reservation.

If the customer exercises the right to withdraw from the contract within more than 14 days before the planned check-in, the customer loses the reservation fee in the amount of 25% of the reservation value.

Withdrawal from the contract should be made by telephone or e-mail contact indicated in § 7.

§ 9

Complaints

1. The Customer is entitled to file complaints regarding the services rendered and to pursue resulting claims according to the legal regulations in force regarding this scope.

2. The condition for considering a complaint is submitting it in written form at the head office or any of the local offices of Sun & Snow. The addresses of the local Sun & Snow offices are available at the webpage in the "Contact" tab or in electronic form to the address reklamacje@sunandsnow.pl. The complaint should contain the following information: reservation number, description of the situation subject to the complaint.

1. Complaints shall be considered within 30 days from the submission date. Information regarding the consideration of a complaint shall be sent to the Customer to the specified e-mail address, regular address or via phone. In case of approving a complaint, the Customer shall receive monetary compensation in an amount proportionate to the suffered damage.

1. If Sun & Snow does not approve the Customer's complaint and the Customer does not agree with the decision, the Customer may ask for the assistance of the Mediation Center at the Warsaw Bar Association, pursuant to the Rules and regulations of the center. A motion to consider the dispute should be sent to the following address: ul. Żytnia 15 lok. 16, 01-104 Warsaw.

§ 10

Privacy Policy

1. Sun & Snow is not responsible for any difficulties in accessing the booking system on the www.sunandsnow.pl website for reasons beyond Sun & Snow's control. Sun & Snow may suspend access to the www.sunandsnow.pl website for the period necessary to remove technical and organizational obstacles.

2. Both Sun & Snow and the owner of the Apartment are not responsible for the Customer's property left in the Apartment, in particular for its loss or damage.

3. Both Sun & Snow and the owner of the Apartment are not responsible for any inconvenience that may occur during the Customer's stay in the Apartment for reasons not attributable to Sun & Snow or the owner, including in particular those caused by a break in the supply of electricity, gas, water, as well as maintenance works in the building in which the Apartment is located and within the building and outside.

4. The Customer bears the sole responsibility for the accuracy of provided data necessary to complete the reservation and identify the Customer. (incorrect or false data may result in the inability to provide the Customer with information necessary for the Customer's stay in the apartment). Sun & Snow is not responsible for the inability to contact the Customer before arrival, if the data provided by the Customer turned out to be untrue or incorrect.