Terms and Conditions | dworekprzeborowo

TERMS AND CONDITIONS FOR THE

DWOREKDRAWA.COM ONLINE WEBSITE

§ 1

GENERAL PROVISIONS

The website www.dworekdrawa.com operates under the principles set out in these Terms and Conditions.
The Terms and Conditions specify the types and scope of services provided electronically by the Website www.dworekdrawa.com, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.
Each User, upon taking steps to use the Electronic Services of the website www.dworekdrawa.com, is obliged to comply with the provisions of these Terms and Conditions.
The Website dworekdrawa.com provides space for Service Users to get acquainted with the Service Provider's facility and make accommodation reservations.
To all matters not settled herein the following provisions of Polish law shall apply:
1. Act on Rendering Electronic Services of 18 July, 2002,
2. Consumer Rights Act of 30 May 2014,
3. Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
4. Provisions of the Civil Code Act of 23 April, 1964
5. and all other applicable provisions of Polish law.

§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
WEBSITE − shall mean the Service Provider’s online website located at dworekdrawa.com.
SERVICE PROVIDER – Natalia Górska trading as NGM Natalia Górska entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, place of business and address for service: ul. Piłsudskiego 55, 66-530 Drezdenko, Poland, tax identification number NIP: 2810027084, statistical number REGON: 080664752, email address: kontakt@dworekdrawa.com, telephone number: 600-809-127
USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Website.
CONSUMER – shall refer to any natural person entering into a transaction with the Service Provider for purposes that are outside their business, trade or profession.
ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
CONTACT FORM – shall refer to the electronic form available on the website dworekdrawa.com that allows you to send a message to the Service Provider.
RESERVATION AGREEMENT – an agreement concluded between the User and the Service Provider via the Website.
RESERVATION - a declaration of will of the User constituting an offer to conclude a Reservation Agreement with the Service Provider.
PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Service Provider for the Reservation.

§ 3

TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider grants access to the following Electronic Services sending a message via the Contact Form.
These Terms and Conditions shall apply to all Electronic Services provided through dworekdrawa.com
The Service Provider reserves the right to display advertising content at dworekdrawa.com Advertisements are an integral part of the online Website front and the materials presented therein.

§ 4

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

The Electronic Services set forth under § 3 point 1 of these Terms and Conditions are free of charge.
Electronic Services Agreements enabling the the Contact Form is concluded for a definite period of time and is terminated when the User ceases to use this Service.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
1. a computer (or a mobile device) with an active Internet connection,
2. access to email account,
3. Internet browser,
4. enabling cookies and Javascript in the Internet browser.
The User agrees to use the Website in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.
The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a notice of termination to the User who is not a Consumer.

§ 5

RULES FOR MAKING RESERVATIONS

The website www.dworekdrawa.com enables Service Users to book accommodation in a facility run by the Service Provider via the Internet.
The information on the Website does not constitute an offer within the meaning of the law. By making a Reservation, the User submits an offer to Reservation of a specific service under the conditions specified in its description.
The Price of the service shown on the website is given in Polish zlotys (PLN) and includes all components.
The Price of the service shown on the website is binding at the time the Service User makes the Reservation. This price will not change regardless of changes in Prices that may appear in relation to individual services after the Service User has made a Reservation.
Reservation can be placed through the:
1. through the website 24 hours a day, 365 days a year, by completing an Contact Form at dworekdrawa.com.
2. via e-mail at: kontakt@dworekdrawa.com
3. via at the number: 728-339-124 or 600-809-127
4. via external booking websites (Booking.com, Airbnb).
The condition for making a Reservation on the Website is that the User must read the Terms and Conditions and accept its provisions at the time of making the Reservation.
If the Service Provider is forced, before the start of the service, for reasons beyond his control, to change the material terms of the Agreement with the User, he will immediately notify him about it.
In the situation referred to in point 7 of this paragraph, the User is obliged to immediately inform the Service Provider whether:
1. accepts the proposed amendment to the Agreement o
2. withdraws from the Agreement with the immediate return of all benefits paid by the Service User and without the obligation to pay any contractual penalty.
If the User withdraws from the Agreement in accordance with point 8 of this paragraph or if the Service Provider cancels the provision of the service that is the subject of the Agreement for reasons beyond the User’s control, the User has the right, at his/her discretion:
1. receive a replacement service of the same or higher standard, unless he agrees to a service of a lower standard for a refund of the price difference,
2. demand the immediate return of all benefits paid by him.
The Service Provider is liable for non-performance or improper performance of the service, unless the non-performance or improper performance is caused solely by:
1. action or omission of the User,
2. actions or omissions of third parties not participating in the performance of the services provided for in the Reservation Agreement, if these actions or omissions could not be predicted or avoided,
3. force majeure (an accidental or natural event, i.e. natural, unavoidable, over which the Service Provider has no control, especially events of a catastrophic nature and extraordinary events in the form of disturbances in collective life, such as war, national riots, epidemic).

§ 6

CONCLUDING OF A RESERVATION AGREEMENT

To conclude the Agreement, it is necessary for the Service User to make a Reservation in advance using one of the methods made available by the Service Provider, in accordance with § 5 points 5 and 6.
The Service Provider immediately confirms receipt of the Reservation by sending an e-mail to the e-mail address of the Service User provided in the Contact Form.
E-mail confirmation of the Reservation includes:
1. confirmation of all essential elements of the Reservation
2. and these Terms and Conditions.
When the User receives the e-mail referred to in point 3 of this paragraph, a Reservation Agreement is concluded between the Service Provider and the User
The User may cancel a previously made Reservation. In order to cancel the Reservation, the Service User must contact the Service Provider.
Free cancellation of the reservation is possible only if the Reservation was canceled a maximum of 30 days before the planned arrival of the Service User. In the case of Reservations made via external booking portals, this date may change.
If the Reservation is canceled less than 30 days before the date of the service or the Customer fails to show up on the reserved date, the Customer is obliged to pay for the activities performed so far by the Service Provider related to the preparation for the Service User's stay. In this situation, the Service Provider has the right to demand payment for the actual costs incurred and services provided until the User’s resignation is received.
The Service Provider provides information only that the historically average actual costs incurred by the Service Provider, relative to the total value of the service, are usually as follows:

in case of cancellation of the Reservation 30 to 7 days before the date of service – 50% of the price,
in the event of cancellation of the Reservation less than 7 days before the date of service – 80% of the price.

§ 7

METHODS OF PAYMENT

The Service Provider makes it possible to pay for the Reservation using the following payment methods:
1. payment by traditional transfer to the Service Provider's bank account,
2. payment via electronic payment services.

Traditional bank transfers should be made into the following bank account: 41 1140 2004 0000 3902 7938 5277 (mBank S.A.). NGM NATALIA GÓRSKA, ul. Piłsudskiego 55, 66-530 Drezdenko, Poland, tax identification number NIP: 2810027084. The customer should enter the following in the payment title: “Reservation no. ……”.
The User is obliged to pay an advance payment of 30% of the Reservation Price within 3 days of submitting it. The User is obliged to pay the remaining part of the Price to the Service Provider in advance for the entire stay, no later than on the day of check-in at the facility, unless the Agreement provides otherwise. The service will be performed only after payment.
Failure to make payment in accordance with the condition specified in point 4 of this paragraph entitles the Service Provider or the person authorized to transfer the facility to refuse to check in and hand over the keys to the Service User.
Each Agreement will be confirmed by a proof of purchase or an invoice (at the request of the User submitted at the time of placing the Reservation).
The Service Provider has the right to limit the payment methods it provides to Users who are not Consumers, including requiring prepayment of part or all of the price, regardless of the payment method chosen by the User and the fact of concluding the Reservation Agreement.

§ 8

RIGHT TO WITHDRAW

The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 9 of the Terms and Conditions in the case of an Agreement in which the subject of the provision is a service, if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision. that after the Service Provider has completed the service, it will lose the right to withdraw from the contract and the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if marked in the contract the day or period of service provision.
Both the Service Provider and the User have the right to withdraw from the Reservation Agreement if the other party fails to perform its obligation within a strictly specified period.
The Service Provider has the right to withdraw from the Reservation Agreement concluded with a User who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Reservation Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the User who is not a Consumer against the Service Provider.

§ 9

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An Entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Service Provider is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
1. prohibited contractual provisions - the so-called abusive clauses,
2. liability for non-compliance of the service with the contract,
3. the right to withdraw from a distance contract,
4. rules for a contract for the supply of digital content or a digital service.
The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Reservation Agreement he has concluded with the Service Provider is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.

§ 10

COMPLAINTS

Complaints related to the provision of Electronic Services via the Website may be submitted by the User via e-mail to the following address: kontakt@dworekdrawa.com
In the above e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
The Service Provider will consider the complaint immediately, no later than within 14 days from the date of notification.
The Service Provider's response to the complaint is sent to the Service User's e-mail address provided in the complaint or in another manner provided by the Service Provider.

§ 11

RULES OF STAY AT THE FACILITY

The facility is rented on a daily basis. The Service Provider enables Service Users to rent the entire facility or its individual rooms.
The stay period lasts from 2 p.m. until 11 a.m. of the next day, unless the Service Provider and the User have agreed otherwise.
The facility has a quiet night from 10 p.m. to 6 a.m.
The User is prohibited from using the Facility for commercial purposes, in particular by subletting or giving the facility for use to third parties, even if the period for which he paid the rental fee has not expired.
For safety reasons, smoking and tobacco products are strictly prohibited inside the facility. In the event of breaking the ban, the Service User will be charged a financial penalty of PLN 500 for each detected violation.
The stay of animals on the premises is possible only with prior consent granted by the Service Provider and after paying a fee for the animal's stay. A service user taking their animal for a walk is obliged to protect the premises from contamination.
Arrival at the facility should take place at times previously agreed with the Service Provider or a person authorized to hand over the keys on behalf of the Service Provider. The arrival time should be determined at least two days before the Service User's planned arrival at the facility.
In a situation where the Service User is aware that it is not possible to reach the facility at the previously agreed time, he or she is obliged to immediately notify the Service Provider or the person responsible for handing over the keys about this fact by telephone.
Handing over the keys to the facility and collecting the facility always takes place in the presence of the Service Provider or a person authorized by him.
In order to complete effective registration, the User is obliged to present an identity document. If the identity document presented by the User raises doubts, the Service Provider or the person authorized to hand over the keys to the facility has the right to ask the User to present a second, different document confirming the identity of the registered person (e.g. passport, driving license).
The moment of handing over the keys to the Service User is also the moment of determining the technical condition of the facility and the devices located in it. Failure to submit comments and objections to the technical condition and cleanliness of the facility at the time of handing over the keys is tantamount to the fact that the facility has been put into use by the Service User in a condition that does not raise any comments or objections.
It is possible to extend the Service User's stay at the facility. The request to extend the stay should be submitted by the Service User no later than 11 a.m. on the day on which check-out should take place. The request to extend the stay, if possible, will be taken into account by the Service Provider.
Occupancy of the facility by the Service User after the end of the stay, without prior agreement with the Service Provider, will be treated as an extension of the stay for another day and will result in the addition of an appropriate fee for the stay according to the price list.
The Users is obliged to keep the facility clean and return it upon check-out in a condition corresponding to the condition on the day the keys were issued.
The Service Provider reserves the right to collect a deposit from the Service User in the amount of half the cost of the stay at the time of check-in. The Service Provider may cover damage caused by the Service User from the deposit paid.
Only persons registered at the time of booking and check-in may stay in the facility.
The Users is obliged to immediately report to the Service Provider any failures, damages and defects occurring during the use of the facility. The User may report any comments or reservations by phone at the following number: +48 728-339-124 or 600-809-127.
People living in the facility are financially responsible for any damage caused on its premises.
Due to fire protection requirements, it is prohibited to use any devices powered by electricity or gas in the facility, which do not constitute the facility's equipment and which may pose a fire hazard, e.g. electric heaters, radiators, gas burners. This does not apply to chargers and power supplies for RTV and computer devices. It is prohibited to bring flammable materials, explosives and materials with an unpleasant odor into the apartment.
Internet access on the premises is free of charge. The User undertakes to use the services in accordance with legal requirements and not to use the Internet to conduct any illegal activities (including the distribution of unlicensed software, the use of illegal websites, programs for downloading music, films, games, etc. ). The use of P2P programs is prohibited.
The User is prohibited from moving furniture and equipment located on the premises.
Guests of the facility are obliged to exercise particular caution when using fireplaces, wood-burning kitchens, barbecues and fireplaces available on the premises. Persons under the influence of alcohol or other similarly intoxicating substances are strictly prohibited from using the devices referred to in the previous sentence.
Personal items left at the facility may be sent back at the Service User's expense to the address indicated by him. The items will be stored by the Service Provider for a period of 14 days from the date of check-out of the Service User.
In the event of violation of the provisions of this paragraph, the owner of the facility has the right to terminate the contract, demand that the Service User immediately leave the facility and settle all amounts due for the stay and any damage caused.
The Service Provider has the right to refuse to register a Service User who, during the previous stay, grossly violated the rules of staying at the facility, e.g. caused damage to the Service Provider's property or otherwise disturbed the peace of third parties.
The Service Provider is not responsible for the loss or damage of motor vehicles, items left in them or the Service User's animals.

§ 12

INTELLECTUAL PROPERTY

The compilation of all content at dworekdrawa.com (with the stipulation of § 12 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Natalia Górska trading as NGM Natalia Górska entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, place of business and address for service: ul. Piłsudskiego 55, 66-530 Drezdenko, Poland, tax identification number NIP: 2810027084, statistical number REGON: 080664752. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at dworekdrawa.com without the consent of the Service Provider.
Any use or reproduction of the content of the website located at dworekdrawa.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
All trade names, company names and their logos used on the Website at dworekdrawa.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Website at dworekdrawa.com are used for informational purposes.

§ 13

RESPONSIBILITY

The Service Provider takes all available measures to protect the data of Service Users.
Service Users are fully liable for breaking the law or for damage caused by their actions on the Website, in particular providing false data, revealing classified information or other secrets protected by law, violating personal rights or copyrights and related rights.
The Service Provider is responsible for the processing of personal data of Service Users inconsistent with the purposes of the Website.
The Service Provider undertakes, whenever possible, to inform Service Users in advance about possible disruptions in the operation of the Website, in particular about interruptions in access.
The Service Provider is not liable to Users who are not Consumers:
1. for any damages and losses, directly or indirectly (including damages due to loss of profits from running a business, interruptions in business operations or loss of business information and other property damage), arising from the use, inability to use or incorrect operation of the Website's software,
2. for damages resulting from the shutdown or failure of the ICT system, power grid failure, in connection with improper use of the Website by a User who is not a Consumer and improper functioning of computer hardware, computer software or communication system through which the User connects to the Website
3. for any damage resulting from errors, failures and interruptions in the functioning of the Website or caused by incorrect recording or reading of data downloaded by Users,
4. for disruptions in the proper functioning of the Website as well as loss of data of Users who are not Consumers resulting from force majeure or third parties,
5. for the actions of third parties involving the use of data and materials posted on the Website that is inconsistent with generally applicable law or the Terms and Conditions,
6. for the inability to access the Website caused in particular by: connection quality, failure of the IT system or power network, incorrect configuration of the software of Users who are not Consumers.

§ 14

FINAL PROVISIONS

Agreements concluded through the Website are construed in accordance with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
Any disputes between the Website and Consumers arising out of or in connection with a Reservation Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
Judicial dispute settlement procedures:
1. Any disputes arising between the Service Provider and the consumer User (Customer), shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
2. Any disputes arising between the Service Provider and the non-consumer User (Customer), shall be settled by the court having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/