This translation is for informational purposes only and is not legally binding. The original Polish version shall prevail.
REGULATIONS OF THE
“BIAŁE ŻAGLE” RESORT
I. PRELIMINARY PROVISIONS
§ 1. General Provisions
- These regulations of the “BIAŁE ŻAGLE” Holiday and Training Center, hereinafter referred to as the “Regulations”, define in particular:
- the rules and conditions of:
- the use of summer houses and the Resort Grounds by Clients and Guests,
- making reservations for summer houses;
- the rights and obligations of Clients and Guests in connection with the Agreement concluded by the Parties.
- the rules and conditions of:
- The Resort is located in the village of Kopań near Darłowo (West Pomeranian Voivodeship, Sławno County, Darłowo Commune), on plots no. 83/11 and 387.
- The Resort operates from April 1 to October 31.
- The owner of the Grounds and the Resort is the Administrator.
- The Administrator has obtained all permits (regardless of their nomenclature) required by generally applicable law to operate the Resort and is entered into the relevant registers maintained by authorized bodies.
- The Administrator is insured against civil liability in connection with the conducted business activity.
- The Resort has a valid insurance policy.
- The Regulations apply to all Clients, Guests, Persons making reservations, and third parties staying on the Resort Grounds.
- Detailed information including, but not limited to:
- the Resort and its current offer;
- the current price list and discounts;
- the Administrator;
– can be found on the Resort’s Website.
§ 2.
Definitions
For the purposes of the Regulations, the terms used herein shall mean:
- Administrator – ATMA Ewa Lewandowicz, Kopań, no. 76b, Darłowo, code 76-150, business activity registered in the Central Registration and Information on Business (CEIDG), maintained by the Minister responsible for the economy, using the numbers
NIP 9541302378 and REGON 272355784; - Personal data – any information relating to an identified or identifiable natural person, processed by the Administrator in connection with the provision of services covered by the Regulations;
- Business day – every day from Monday to Friday, excluding public holidays in the territory of the Republic of Poland;
- Guest – a natural person authorized by the Parties, under the Agreement, to use the summer houses and the Resort Grounds;
- Stay card – a document containing detailed information about the Client and Guests authorized to use the summer houses and the Resort Grounds;
- Client – an adult natural person, a legal person, or an organizational unit without legal personality that has concluded an Agreement with the Administrator;
- Summer period – the time interval from the first Saturday of July to the last Saturday of August of a given calendar year;
- Resort – the “BIAŁE ŻAGLE” Holiday and Training Center, located in the village of Kopań near Darłowo (West Pomeranian Voivodeship, Sławno County, Darłowo Commune), on plots no. 83/11 and 387;
- Person making a reservation – an adult natural person making a (provisional/full) reservation for a stay in a summer house, in the manner specified in the Regulations;
- Website – the Resort’s online service available at www.bursztynowa-przystan.pl and www.domkidarlowo.pl;
- Parties – the Administrator and the Client collectively;
- Grounds – the area of the Resort separated by a fence along with the tourist infrastructure located on it (sports fields, playgrounds, bonfire circles, barbecue areas, parking), technical-sanitary, telecommunications, and other infrastructure;
- Agreement – an agreement concluded between the Parties at the time of signing the Stay Card, regarding the rental of summer houses by the Client and the use of the Resort Grounds by the Client and Guests. The provisions of the Regulations apply fully to the Agreement.
II. RESERVATION RULES AND CANCELLATION OF STAY
§ 3. General Provisions
- Reservations for summer houses for the Summer period in 2023 are accepted for a minimum period of three consecutive nights.
- In the remaining period of the Resort’s operation, summer house reservations can also be made for a minimum period of three nights.
- A local tax (visitor’s tax) is added to the final price of the stay, the amount of which is determined based on separate regulations – the Act of January 12, 1991, on Local Taxes and Fees (consolidated text: Journal of Laws of 2016, item 716, as amended).
- The following, currently applicable in a given calendar year:
- price list;
- discounts;
- fees, including the amount of the security deposit, optional flat-rate fee for cleaning the summer house if left by the Client in a state of general disorder (e.g., unremoved trash, unwashed dishes, etc.);
- promotional campaigns,
– can be found on the Website.
§ 4. Provisional Reservation
- Provisional reservations for summer houses can be made via:
- the reservation form available on the Website, or
- e-mail to the address indicated on the Website.
- A provisional reservation submitted via e-mail should contain at least:
- the name and surname of the Person making the reservation;
- contact telephone number of the Person making the reservation;
- e-mail address;
- planned period of stay at the Resort (arrival date and departure date);
- number of Guests;
- information about pets.
- After making a provisional reservation, the reservation system built into the website sends to the e-mail address provided by the Person making the reservation:
- confirmation of receipt of the provisional reservation, containing in particular:
- reservation number;
- data referred to in section 2;
- total gross price of the stay along with information about additional payments and settlement methods;
- bank account number to which the prepayment referred to in § 5 section 1 of the Regulations should be transferred, and the deadline for the prepayment.
- confirmation of receipt of the provisional reservation, containing in particular:
- A provisional reservation is possible only when at least one house is available on the date declared by the Person making the reservation.
§ 5. Prepayment
- A necessary condition for making a full reservation is the payment by the Person making the reservation of a prepayment in the amount of 30% of the total (gross) price of the reserved stay, within a maximum of 2 business days from the registration of the provisional reservation in the system.
- Failure to pay the prepayment referred to in section 1 within the period indicated by the Administrator results in the automatic cancellation of the provisional reservation.
- The prepayment referred to in section 1 is payable by bank transfer to the bank account indicated by the Administrator or via the Przelewy24 electronic payment system.
- The day the Administrator’s bank account is credited is considered the day of payment of the prepayment.
- After paying the prepayment, the provisional reservation receives the status of a full reservation.
- After receiving the prepayment, at the request of the Person making the reservation, the Administrator sends the Person making the reservation a reservation confirmation containing data and information about the remaining price of the stay, as well as the method and date of its payment, within seven business days from the date of receiving the prepayment.
§ 6. Cancellation of Stay at the Resort
- The Person making the reservation may cancel the stay at the Resort, with the proviso that the Administrator has the right to retain all or part of the prepayment made in order to cover the costs already incurred by the Administrator in connection with the reservation and/or the loss of expected benefits (income).
- The declaration of will of the Person making the reservation regarding the cancellation of the stay at the Resort should be made via e-mail – to the Administrator’s address indicated for making reservations.
- The declaration referred to in section 2 should contain at least the reservation number and the name and surname of the Person making the reservation.
- In the event of cancellation of the stay at the Resort, the Administrator:
- returns 50% of the prepayment made if the cancellation was submitted at least 60 days before the day the stay at the Resort begins;
- retains the prepayment made in its entirety if the cancellation was submitted after the deadline referred to in point 1.
- The Administrator returns the prepayment by bank transfer to the bank account indicated by the Person making the reservation within five Business Days from the date of receiving the cancellation referred to in section 4 point 1.
III. ACCOMMODATION PROCEDURE AND RULES
§ 7. General Provisions
- Summer houses are rented for overnight stays (per night).
- An overnight stay at the Resort lasts from 15:00 to 9:00 the following day.
- The Client’s stay at the Resort begins at 15:00 on the first day of the reservation and ends at 9:00 on the last day of the reservation.
- The Administrator is not obliged to provide the Client with a summer house before 15:00 on the first day of the reservation and after 10:00 on the last day of the reservation, subject to section 5.
- As far as organizational and technical possibilities allow, the Administrator will enable the Client to occupy the summer house after 10:00 on the last day of the reservation (until a maximum of 18:00 on that day). In such a case, the Client will be additionally charged 50% of the cost for the next night in accordance with the current price list.
- The Client should report the intention to extend the stay at the Resort beyond the period indicated in the reservation to the Administrator at least 24 hours before the last day of the reservation. The Administrator may grant the above request based on organizational and technical possibilities (availability of summer houses), taking into account the current price list.
- In the event of the Client’s resignation from the stay at the Resort during the stay, for reasons attributable to the Client, the Administrator has the right to retain the entire price paid by the Client for the stay at the Resort, regardless of how many nights remain until the end of the stay.
§ 8. Accommodation
- Upon arrival at the Resort, the Person making the reservation:
- presents a valid identity document (ID card or passport) to the Administrator;
- submits proof of payment of the stay price, reduced by the amount of the prepayment made, or pays this price in cash to the Administrator;
- pays the visitor’s tax;
- completes and signs the Stay Card.
- The Parties shall draw up a written note within the Stay Card regarding the handover of the summer house to the Client and its return by the Client.
§ 9. Security Deposit
- After signing the Stay Card, the Administrator collects a cash security deposit from the Client, in an amount determined annually in the price list, to secure the Administrator’s claims against the Client resulting from the Agreement, and in particular:
- possible compensation for damage or destruction of the summer house or its equipment (including its theft);
- the necessity of tidying up the summer house in a situation where the Client, after finishing the stay, left it in a state of general disorder (e.g., unremoved trash, unwashed dishes, etc.);
- costs referred to in § 10 section 4 of the Regulations.
- The Administrator is entitled to satisfy themselves from the security deposit referred to in section 1 without sending a prior request for payment to the Client.
- In the event that the amount of the security deposit is insufficient to cover the Administrator’s claims resulting from the Agreement against the Client, the Parties shall determine the procedure for further proceedings in the case, and the Administrator may pursue their rights through court proceedings.
- The amount of the security deposit remaining after deducting all the Administrator’s claims resulting from the Agreement against the Client will be returned to the Client in cash after the Parties sign a note on the Stay Card.
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
§ 10. General rules for using the summer house and the Resort Grounds
- The Client and Guests are entitled to use the summer houses and the Resort Grounds only within the scope established by the Agreement and the Regulations.
- Only the Client and the Guests disclosed by him in the Stay Card may stay overnight in the summer house.
- The summer house may not be transferred or made available to third parties. In the event of the Client breaking the above prohibition, the Client bears full responsibility, on the principles provided for in the Civil Code, for the actions or omissions of third parties as for their own.
- A third party, not indicated in the Stay Card, may stay on the Resort Grounds in connection with the Client’s stay at the Resort between 8:00 and 21:00 only with the consent of the Administrator. In the case of such a person staying on the Resort Grounds for more than 8 hours during the day, the Client is obliged to pay an additional fee for such a person in the amount of 30 PLN per person for each started day.
- Night-time quiet hours apply on the Resort Grounds from 22:00 to 6:00.
- During the night-time quiet hours, it is prohibited to:
- allow third parties to stay on the Resort Grounds;
- loudly play audio and video works;
- organize parties/games;
- light bonfires and hearths.
- Due to fire protection requirements, it is prohibited to use any equipment powered by electricity that is not part of the permanent equipment of the summer houses (e.g., immersion heaters, heaters, etc.). The above prohibition does not apply to chargers and power supplies for telephones, RTV, and computer devices.
- The stay of animals in summer houses and on the Resort Grounds is allowed only with the consent of the Administrator, after prior notification.
- One free parking space is assigned to each summer house. Depending on the Administrator’s technical and organizational possibilities, it is possible to purchase an additional parking space according to the rates specified in the price list.
- Parking vehicles on the Resort Grounds outside of designated parking spaces is prohibited.
- The Client and Guests are obliged not to allow unnecessary and nuisance noises, unpleasant odors, or light effects while using the summer houses and the Resort Grounds that could escape beyond the area of the summer house or the Resort Grounds. Immediately after receiving a request from the Administrator to remove the aforementioned nuisances, the Client and Guests are obliged to remove them, and if immediate removal is impossible, to strictly limit them.
- A total ban on smoking tobacco products and e-cigarettes applies in summer houses and on the Resort Grounds, except in designated areas.
- A total ban on bringing and using drugs or other intoxicants or psychotropic substances applies on the Resort Grounds, whereas the consumption of alcohol must not disturb the order of the Resort, and alcohol cannot be served to minors.
- The Client and/or Guest should immediately notify the Administrator of any damage found in the summer house, its equipment, or in the tourist, technical-sanitary, telecommunications, or other infrastructure located on the Resort Grounds.
- The Client and Guests bear full responsibility, on the principles provided for in the Civil Code, for all types of damage or destruction of the summer house or its equipment (including its theft) and damage or destruction of tourist, technical-sanitary, telecommunications, or other infrastructure located on the Resort Grounds, caused by the fault of the Client and/or Guests.
§ 11. Detailed rights and obligations of the Parties
- Without the prior written consent of the Administrator, the Client is not entitled to change the way the summer houses and the Resort Grounds are used.
- The Administrator or their representative (proxy) is entitled to enter the summer house area in order to assess the correctness of the performance of the Agreement by the Client. The Client or their representative (proxy) has the right to be present during the Administrator’s actions mentioned above. Entering the summer house requires a prior appointment between the Parties.
- In emergency cases requiring immediate action to prevent the occurrence or increase of damage (e.g., fire, flooding, etc.), the Administrator or their representative (proxy) has the right to enter the summer house area at any time, without prior notification to the Client, solely for the purpose mentioned above.
- The Client and Guests must not:
- use the summer house and the Resort Grounds for any purpose other than those specified in the Agreement or the Regulations;
- cause or contribute to any interruption or disturbance of:
- the activities carried out by the Administrator,
- the stay of other Clients and Guests on the Resort Grounds,
- the activities carried out by third parties in the immediate vicinity of the Resort;
- behave in a manner contrary to generally accepted principles of morality, good breeding, or good customs;
- store explosive and flammable materials on the Resort Grounds (does not apply to automotive fuel tanks, including CNG);
- use open fire in places not intended for this purpose;
- take actions or omissions that could cause:
- damage or deterioration of the technical or aesthetic condition of the summer houses, their equipment, or any other infrastructure located on the Resort Grounds,
- damage to the Administrator or third parties staying on the Resort Grounds.
- Clients and Guests are obliged, in particular, to:
- maintain the proper technical and aesthetic condition of the Resort Grounds and summer houses along with their equipment;
- care for and protect the Resort Grounds and summer houses along with their equipment from damage. In particular, the Client and Guests must not use them in a manner inconsistent with their purpose or exceeding the normal way of use;
- strictly comply with the Agreement, Regulations, fire protection, sanitary, and order regulations in force on the Resort Grounds.
- The Administrator has the right to immediately remove the Client and Guests from the Resort Grounds in the event of gross and persistent violation of the Regulations, and in the case of disturbing the peace, it is possible to call the Police.
- In the event of the Administrator exercising the right referred to in section 6, § 7 section 7 of the Regulations applies accordingly.
- The Administrator is not responsible for any inconveniences to the Client and Guests related to construction, renovation, modernization, finishing works, etc., that may take place in the immediate vicinity of the Resort.
V. SUMMER HOUSES, RESORT GROUNDS, AND ADDITIONAL INFRASTRUCTURE
§ 12. Resort Grounds and additional infrastructure
- The Resort Grounds are covered by:
- 24-hour monitoring;
- security provided by a professional security agency.
- All infrastructure located on the Resort Grounds is available to the Client and Guests.
- Clients and Guests are obliged to use the infrastructure located on the Resort Grounds in accordance with its purpose and taking into account the Agreement and the Regulations, as well as the regulations of individual objects of the aforementioned infrastructure elements.
- The Administrator is not responsible for the loss or damage of items brought by the Client or Guests to the Resort Grounds, if the damage resulted from the properties of the item brought or due to force majeure, or that it arose solely through the fault of the injured party or a person who accompanied or visited them.
- Motor vehicles and items left in them are not considered brought-in items as referred to in section 4.
- The playground for children is an area used for play and recreation.
- Playground elements are intended for children from 0 to 15 years old.
- Children on the playground should stay exclusively under the care of adults (e.g., legal guardians), who bear responsibility for them.
- Animals on the Resort Grounds must always be under the care of a guardian. The guardian bears full civil, compensatory, and criminal liability for damage caused by the animal both in relation to the Administrator and other Guests of the Resort.
- Persons staying in the playground area are obliged to maintain order.
- Play equipment should be used in accordance with its purpose.
- A strict ban on the consumption of alcoholic beverages and smoking cigarettes, as well as the presence of persons under the influence of alcohol or other intoxicants, applies in the playground area.
- Persons or their legal guardians damaging playground equipment or devices bear material responsibility on general terms.
§ 13. Summer houses
- Summer houses are fully equipped with appliances necessary for a comfortable stay for the Client and Guests. An inventory list of equipment is held by the Administrator and is available at any request of the Client/Guests.
- A motion sensor is installed in each summer house.
- Every time they leave the summer house, the Client and/or Guests should close the windows, turn off electrical appliances (except for the refrigerator), turn off the light, turn off the taps, and lock the external doors.
- In the event of losing the key to the summer house, the Client and/or Guest will be charged for the cost of purchasing and replacing a new lock.
§ 14. Internet
- The Resort has its own wireless internet network (Wi-Fi). The Administrator provides free wireless Internet available in each summer house and on the Resort Grounds for the use of the Client and Guests.
- The Administrator provides the password for the Resort’s Wi-Fi network to the Client and/or Guests after completing the formalities referred to in § 8 section 1 of the Regulations.
- The password for the Resort’s Wi-Fi network may not be shared with third parties.
- As part of the Resort’s Wi-Fi network, the Administrator is not responsible for the quality of the connection, its availability, and/or transfer speed.
VI. PROTECTION OF PERSONAL DATA
§ 15. General Provisions
- The Administrator provides the services covered by the Regulations in accordance with the Act of August 29, 1997, on the Protection of Personal Data (consolidated text: Journal of Laws of 2016, item 922, as amended) and implementing acts issued on its basis.
- The personal data controller is the Administrator.
§ 16. Processing of Personal Data
- The Administrator processes the personal data referred to in the Regulations based on Art. 23 section 1 point 1 of the Act on the Protection of Personal Data.
- Personal data will be processed for the purpose of enabling a reservation for tourist services provided by the Administrator and the performance and handling of this service under the Agreement.
- When processing personal data, the Administrator exercises special care to protect the interests of the data subjects and, in particular, ensures that the data are:
- processed in accordance with generally applicable law;
- collected for the purposes specified in the Regulations and not subjected to further processing incompatible with these purposes;
- substantively correct and adequate in relation to the purposes for which they are processed;
- stored in a form that allows identification of the data subjects for no longer than is necessary to achieve the purpose of processing.
§ 17. Authorization to Process Personal Data
- Only persons authorized by the Administrator are allowed to process personal data.
- The persons referred to in section 1, based on a written statement, are obliged to:
- apply procedures and measures specified by the Administrator aimed at:
- correct processing of personal data appropriate to specified needs,
- securing personal data against being made available to unauthorized persons;
- keep personal data confidential;
- use personal data only for the purpose of performing the tasks specified in the Regulations;
- not disclose information about the content of the documentation specified in § 18 section 1 of the Regulations;
- exercise special care during data processing operations in order to protect the interests of the persons they concern.
- apply procedures and measures specified by the Administrator aimed at:
§ 18. Securing Personal Data
- The Administrator secures personal data against being made available to unauthorized persons, removal by an unauthorized person, processing in violation of the Act on the Protection of Personal Data, and change, loss, damage, or destruction, in the manner specified by the provisions of Art. 36-39a of the Act on the Protection of Personal Data, and exercises due diligence in processing personal data by applying technical and organizational measures referred to in the Regulation of the Minister of Internal Affairs and Administration of April 29, 2004, on documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024), i.e.:
- personal data security policy;
- instructions for managing the IT system used for processing personal data,
– ensuring protection of processed personal data appropriate to threats and categories of data
- The IT system used by the Administrator in the personal data processing fulfills the requirements set out in the regulation referred to in section 1.
- The Administrator secures personal data against being made available to unauthorized persons, removal by an unauthorized person, processing in violation of the Act on the Protection of Personal Data, and change, loss, damage, or destruction, in the manner specified by the provisions of Art. 36-39a of the Act on the Protection of Personal Data, and exercises due diligence in processing personal data by applying technical and organizational measures referred to in the Regulation of the Minister of Internal Affairs and Administration of April 29, 2004, on documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024), i.e.:
covered by protection.
§ 19. Place and scope of personal data processing
- Personal data are processed in the office located at the Administrator’s headquarters.
- The scope of personal data processed by the Administrator in connection with the provision of services covered by the Regulations includes:
- name and surname;
- registration address;
- telephone number;
- e-mail address;
- series and number of the identity document.
§ 20. Control of personal data processing
In relation to personal data processed by the Administrator in connection with the provision of services covered by the Regulations, the person whom the data concern has the right to control the processing of personal data within the scope specified in the Act on the Protection of Personal Data.
VII. COMPLAINTS
§ 21.
- If, during the stay at the Resort, the Client finds a defective performance of the Agreement, they should immediately notify the Administrator via e-mail to the address indicated on the Website, or in writing at the Resort reception or to the address of the Administrator’s headquarters.
- Regardless of the notification referred to in section 1, the Client may submit a complaint to the Administrator containing an indication of the defect in the method of performance of the Agreement and a specification of their demand, within a period not exceeding 30 days from the day the stay at the Resort ends.
- In the event of refusal to accept the complaint, the Administrator is obliged to justify in detail in writing the reasons for the refusal.
- If the Administrator does not respond in writing to a complaint submitted in accordance with section 2 within 30 days from the date of its submission, and in the case of a complaint submitted during the stay at the Resort, within 30 days from the date the stay at the Resort ends, it is considered that the Administrator has recognized the complaint as justified.
VIII. FINAL PROVISIONS
§ 22.
- Due to the type of services provided by the Administrator under the Agreement, based on Art. 38 point 12 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws, item 827, as amended), the consumer is not entitled to withdraw from an Agreement concluded off-premises or at a distance.
- The current content of the Regulations is available on the Website and at the Administrator’s headquarters.
- The Administrator reserves the right to change the Regulations. A change to the Regulations may occur, in particular, in the event of a change in the scope of services provided by the Administrator.
- The Administrator notifies of changes to the Regulations by providing the content of the new, unified Regulations on the Website.
- The change to the Regulations enters into force on the day of publishing the content of the new Regulations on the Website.
- Making a (provisional/full) reservation and/or concluding the Agreement means acceptance of the Regulations.
- In matters not regulated in the Agreement, the Regulations apply.
- In matters not regulated by the provisions of the Regulations, the applicable provisions of Polish law apply, in particular the Civil Code, the Act on Tourist Services, and the Act on the Protection of Personal Data.
- A Client who is a consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims, and in particular, the Client is entitled to apply to:
- a permanent amicable consumer court, as referred to in Art. 37 of the Act of December 15, 2000, on the Trade Inspection (consolidated text: Journal of Laws of 2016, item 1059, as amended), with a request to settle a dispute arising from the concluded Agreement. The regulations for the organization and operation of permanent amicable consumer courts are specified in the regulation of the Minister of Justice of September 25, 2001, on determining the regulations for the organization and operation of permanent amicable consumer courts (Journal of Laws No. 113, item 1214).
- apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000, on the Trade Inspection (consolidated text: Journal of Laws of 2016, item 1059, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute. Information on the rules and procedure of the mediation process conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.
- In the event of the impossibility of applying or non-application of the solutions specified in section 8, all disputes related to the implementation of the Agreement will be resolved by the competent Polish common courts.
- The Regulations enter into force on May 15, 2023.
This translation is for informational purposes only and is not legally binding. The original Polish version shall prevail.
