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.

1. The catalog of Apartments currently available for short-term tourist tenancy along with their detailed description is available at the website www.sunandsnow.pl.
2. The Customer can make an Apartment reservation in  the following ways:

            - on-line, via the website www.sunandsnow.pl,

            - via e-mail (e-mail address: rezerwacja@sunandsnow.pl)

            - via phone, number +48 (22) 450 26 26

1. In order to make a reservation on-line, the Customer should use any of the following web browsers: Internet Explorer, Google Chrome, Mozilla Firefox or Opera.

1. 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.

1. 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.

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

1. 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.

1. 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.

• 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).

1. The fee  indicated in the price offer on the webpage and in the reservation form includes 8% tax on goods and services.
2. The fee for renting an Apartment includes:

- a fee for the preparation of the Apartment

            - a fee for staying in the Apartment of the number of persons accepted in the agreement

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

4. 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.

1. Upon making a reservation (§ 2 par. 3 of the Terms), the Customer is obliged to pay the specified reservation fee given in the reservation form to the specified bank account, in the amount of 25% of the fee for renting the Apartment within 3 days (72 hours). The date of record on the Sun & Snow account is binding. In case when no payment is made within this period, Sun & Snow reserves the possibility of cancelling the reservation. The reservation fee is non-refundable.
2. The reservation fee is only a fee for the preparation of the Apartment and the parking spot (if applicable) and is not a fee for staying in the Apartment. In case when the reservation fee is paid within the specified period, the Customer is not entitled to withdraw from the preparation of the apartment and thus to the return of the reservation fee, except for the case described in § 4 par. 2 of the following Terms. In case when the reservation fee is not paid within the period specified in the form, the reservation is cancelled.
3. A reservation fee paid after the period indicated in the form restores the reservation, provided that Sun & Snow still has vacancies.
4. The remaining part of the fee for renting the Apartment (75%) in the form of a fee for staying in the apartment can be paid by the customer via transfer to the bank account specified in § 3 par. 12 or via credit card at the local office on the day of checking in.
5. A discount resulting from making a reservation online with a special offer is granted as part of the gratuity for creating a Customer Account on the website www.sunandsnow.pl. The account is created automatically when making a reservation. The special offer for making a reservation online does not combine with other special offers and discounts resulting from being a loyalty card holder.
6. 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 PayU

• 4

Changing and cancelling a reservation by the Customer

Changing the reservation date is possible only if the Apartment is available on the new date suggested by the Customer. In such a case, the changing of the reservation date is not subject to any additional fees. The possibility of cost-free changing of the reservation date (on the condition of apartment availability) is possible up to 14 days prior to the planned arrival.

• 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 15.00 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, checking its cleanness and technical condition. The Local Offices are open within certain times depending on the season and location. The Customer may receive information regarding the exact technical condition of the Apartment on request. If the arrival is planned within a time other than that when the Office is open, the Customer is obliged to notify the employees at least 24 hours before the arrival day. Arrivals during evening hours may be subject to an additional fee of up to 100 Polish zloty.

1. In order to secure any potential compensatory claims, Sun & Snow has the right to charge the Customer with a deposit in the amount of 300 Polish zloty for the stay in the Apartment when the Customer is accepting the Apartment. The deposit is interest-free and is to be returned after the Customer has completed their stay, when returning the keys to the Apartment. If an inspection of the Apartment is impossible in the presence of the tenant, SUN & SNOW reserves the right to proceed with an inspection of the apartment within max 3 days from the departure of the tenant and to return the deposit via bank transfer to the tenant's account within max 10 days from the departure date.

1. The completion of the stay occurs at 11.00 on the last day of the reserved period. The Customer is obliged to return the keys to the Sun & Snow representative until 11.00 or any other specified hour approved by Sun & Snow.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. The Customer obliges to not keep animals in the Apartment (unless it was agreed otherwise with Sun & Snow or its reservation office).

1. The Customer, along with all accompanying persons, is obliged to enable the Sun & Snow representative to temporarily register their residence in the Apartment.
2. 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.
3. In case of violation of the rules specified in this paragraph, Sun & Snow has the right to deduct from the Customer's deposit the amount of due remuneration for the stay of an unreported person, the costs of restoring the Apartment to the initial or proper condition, as well as for any other compensations. In case when the value of the above-mentioned claims exceeds the value of the deposit, the Customer is obliged to immediately cover the difference.
4. In case of an exceptionally blatant or disorderly violation of the rules specified in this paragraph, Sun & Snow has the right to terminate the agreement with immediate effect and to remove the Customer and the accompanying persons from the apartment.
5. 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:

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

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

-  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 tenancy agreement without justification within a period of 14 days from concluding the agreement.

1. If the Customer applies the right to withdraw from an agreement, they are obliged to pay for the services rendered to them until the moment of withdrawing from the agreement. This regards both the fee for the preparation of the Apartment to be used by the Customer and the payment for staying in the Apartment which has already been completed.

1. Withdrawal from an agreement should be made via contact over phone or e-mail indicated in § 7.

1. The agreement withdrawal form is an annex to the following Terms and conditions.

• 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.

1. 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.

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. The administrator of your personal data is Sun&Snow Sp. z o.o., with its registered office in Warsaw, ul. Gałczyńskiego 4, 00-362 Warsaw (hereinafter referred to as the Administrator). In any matters related to personal data protection, please contact the Administrator at the address zgoda@sunandsnow.pl or via phone - phone number 22 450 26 60.
2. Your personal data is processed for the following purposes:

- concluding and completing an agreement for rendering services via electronic means, pursuant to the Terms and conditions, this including the consideration of possible complaints,

- in case of an additional consent - also in order to send to you marketing content including in particular information regarding special offers, services, contest, events, as well as for analytical and statistical purposes related to the sending of such content.

3. The legal basis for the processing of your personal data is:

- the necessity of its processing in order to conclude and complete an agreement for rendering a service via electronic means (art. 6 par. 1 let. b GDPR),

 - a legally justified interest of the Administrator, in the sense that your correspondence is handled and marketing activities are implemented (6 par. 1 let. f GDPR).

4. Your personal data is stored for the period when you are using these services. When you are no longer using the services, the personal data such as: name, surname, e-mail address shall be stored for a period of 3 years for the purpose of considering complaints and claims related to using these services.

5. If you request we stop sending marketing content to you, your personal data will be stored for a period of three years from receiving such a request. In such a case, your data will be stored only for the purpose of defending ourselves against potential claims resulting from the sending of such content.

6. You are entitled to:

- demand access to your personal data, correcting, deleting or limiting its processing, as well as to the right to transfer this data,

- objecting to the processing of your personal data for the purpose of the implementation of marketing activities - at any point,

- filing a complaint to a supervisory body, i.e. the President of the Personal Data Protection Office.

7. Providing your personal data is voluntary, however it is a condition for concluding an agreement for rendering services via electronic means. Not providing your personal data shall result in the impossibility of rendering any services by the Administrator.

1. Your personal data shall not be used for making automated decisions, this including profiling.