REGULATIONS OF THE jkapartments.eu WEBSITE

The website operating at www.jkplatinum.eu is operated by J&K SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, with its registered office at: ul. Grzybowska 87, 00-844 Warsaw, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000782093, NIP: 5272890654, hereinafter referred to as the “Service Provider”.

The Service Provider has designated an electronic contact point intended for direct communication with the authorities of Member States, the European Commission and the European Board for Digital Services: biuro@jkplatinum.eu. The same contact point may be used by each Client for direct and prompt communication with the Service Provider. The Service Provider may also be contacted in writing at its address: ul. Grzybowska 87, 00-844 Warsaw, via the contact form available on the website or by telephone numbers: +48 731 700 186 or +48 731 700 183 (Service Provider’s working hours: 8:00–16:00 on business days, charges apply as for a regular telephone call, according to the tariff package of the provider used by the Client). Communication may be conducted in Polish.

§ 1 GENERAL PROVISIONS

The following meanings shall apply to the words:

REGULATIONS – these regulations,

CLIENT – a natural person, legal person or organisational unit without legal personality but having legal capacity, who, under the principles specified in these Regulations, makes a Reservation via the Service,

ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person having entrepreneur status, entered into the CEIDG register, making a Reservation as part of their business activity, but not related to the professional nature of that activity. This status applies exclusively to Clients having their registered office in Poland.

CONSUMER – a Client who is a natural person using the Service for purposes not directly related to their business or professional activity,

SERVICE – an online service available at www.jkplatinum.eu, through which the Client may submit a Reservation,

RESERVATION – a declaration of intent by the Client specifying unambiguously the type of room and the number of days and nights of stay, directly aimed at concluding a Rental Agreement.

RENTAL AGREEMENT (AGREEMENT) – a rental agreement for a room or apartment presented on the Service Provider’s website, concluded between the Service Provider and the Client.

The subject of the Service’s activity is enabling Clients to make Reservations for short-term and long-term rental of apartments for residential purposes via the website. Use of this service is possible through a correctly completed Reservation form. The Service enables free browsing of the types of offered rooms and apartments on dedicated subpages.

Each Client submitting a Reservation for rooms or apartments presented on the Service’s website is obliged to read the content of these Regulations.

In order to improve communication for potential and current Users, in case of questions it is recommended to first use the relevant information sections available on the Service’s website.

The Client making a Reservation is obliged to check each time whether the content of the documents sent corresponds with the Reservation and to immediately inform the Service Provider of any detected discrepancies or errors, if any occur.

The Service Provider reserves that Reservations are accepted for the selected type of room or apartment and does not guarantee the availability of a specific room or apartment number.

The condition for making a Reservation is making full advance payment for the accommodation service and additional services.

The Service Provider has the right to collect a security deposit in the amount from PLN 100 to PLN 1,000 depending on the date and type of apartment, as security for potential damages.

The rental period lasts from 15:00 to 11:00. A later departure is subject to an additional fee. The possibility of a later departure may only be confirmed on the day of check-out.

§ 2 TECHNICAL REQUIREMENTS FOR SUBMITTING RESERVATIONS

Technical requirements necessary to use the Service:

Internet connection,
correctly configured web browser,
Samsung Internet version 10 or newer with JavaScript and Cookies enabled, or
Microsoft Edge version 17 or newer with ActiveX, JavaScript and Cookies enabled, or
Mozilla Firefox version 70 or newer with JavaScript applets and Cookies enabled, or
Opera version 60 or newer with Java applets, JavaScript and Cookies enabled, or
Google Chrome version 70 or newer with Java applets and Cookies enabled, or
iOS Safari version 12 or newer with JavaScript and Cookies enabled.
an active, valid and correctly configured electronic mail account,
a monitor with a resolution of no less than 360×640 px in the case of phones, 768×1024 px in the case of tablets and 1366×768 px in the case of computers,
enabled Cookies and JavaScript support,
a program for reading PDF files.

If the Client uses hardware or software that does not meet the technical requirements specified above, the Service Provider does not guarantee the correct functioning of the Service and reserves that this may have a negative impact on the quality and course of the Reservation submission procedure.

The Service does not use automated decision-making within its operation. The Service may use profiling for direct marketing purposes; however, decisions made by the Service Provider on this basis do not concern the conclusion or refusal to conclude an agreement, or the possibility of using electronic services.

The Service Provider shall make every effort to ensure that the Service and services operate continuously without any disruptions. The Service Provider shall make every effort to remove any possible Service failures as quickly as possible. The Service Provider is entitled to introduce possible maintenance breaks.

The Client may subscribe to the Service’s newsletter, i.e. periodic sending of information about the Service Provider’s products and services. In order to subscribe to the newsletter, the Client enters their e-mail address in the newsletter form available on the Service’s website, while simultaneously confirming consent to the processing of their personal data for this purpose and to sending promotional content to the provided e-mail address. Messages sent as part of the newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe. The Client may unsubscribe from the newsletter, without giving a reason and without incurring any costs, at any time by submitting a statement of resignation via the Service’s e-mail address: biuro@jkplatinum.eu or by selecting the unsubscribe link in the e-mail message delivered with the newsletter.

§ 3 CONTENT SAFETY

It is prohibited for Clients to provide unlawful content or content otherwise inconsistent with the Regulations in any form. Such content includes, among others, content which:

is inconsistent with the subject matter of the Service — statements should relate to the content appearing within the Service, i.e. matters related to the offered products and their use;
concerns technical matters related to the functioning of the Service — technical matters should be reported by Clients electronically to the Service’s e-mail address;
contains links leading to other websites or files;
is intended to conduct prohibited advertising, promotional or marketing activities, in particular through placing advertisements, selling and promoting products, services or projects, collections;
is intended to conduct activities prohibited by law, e.g. attempts to commit fraud or obtain financial resources from other Buyers through deception;
calls for violence against any living beings, including animals, or approves of such violence;
promotes any fascist or other totalitarian state system;
calls for hatred or dangerous behaviour or approves of such behaviour;
defames, insults or otherwise infringes the personal rights of third parties;
contains vulgar language or other offensive content;
violates the applicable legal order or good manners in any other way.

In the event of violation of the above guidelines, the Service Provider reserves the right to moderate and remove such content without informing the person who posted it. Posting content indicated above on the Service shall result in consequences provided for in these Regulations, including even preventing the Client from making Reservations.

A Client who believes that a given content in the Service is illegal or inconsistent with the Regulations may submit a notification concerning such content to the Service Provider. Such notification should be submitted electronically and should include an indication of the specific content, arguments for its removal and the notifier’s data enabling identification. Anonymous appeals will not be considered.

Notifications shall be considered within 14 days from the date of their receipt. The notifier shall receive confirmation of receipt of the notification. The Service Provider shall inform the Client of the decision taken electronically or in writing.

The Service Provider’s decision may consist in removing the content or leaving it in the Service.

The parties may appeal against the Service Provider’s decision within 14 days from receiving the justification for its removal. The decision regarding the appeal is final.|

§ 5 RESERVATIONS

Information about available rooms or apartments on the Website constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

By submitting a Reservation, the Client submits an invitation to conclude a Rental Agreement for rooms or apartments presented on the Website. The Reservation process begins with confirmation of the characteristics of the service through the tab dedicated to a given room or apartment. The Client is informed about the availability of the room or apartment, the price and payment methods. In order to submit a Reservation, the Client is required to provide their address details and other information necessary to conclude the Rental Agreement, as indicated in the Reservation form. Before submitting the Reservation (by using the “Book and pay” button), the Client confirms that they have read these Regulations and agrees to the processing of personal data for the purposes of submitting the Reservation.

Displaying by the Website a message confirming acceptance of the Reservation after clicking the “Book and pay” button constitutes a statement accepting the invitation referred to above and concluding the Rental Agreement. If, before confirming the submission of the Reservation (the “Book and pay” button), the Client stops using the Reservation form and leaves the Website, the agreement shall not be concluded.

A Client making a Reservation as an entrepreneur is obliged to provide their NIP number when submitting the Reservation; otherwise, it shall be assumed that they are purchasing as a Consumer.

The assessment of whether a Client who is an entrepreneur entered in the CEIDG register has the status of an Entrepreneur with consumer rights is carried out by the Service Provider on an individual basis and based on any statements made by the Client during the Reservation process.

In the event that a room or apartment becomes unavailable after a Reservation has been made and the Client’s Reservation cannot be fulfilled, the Service Provider shall notify the Client of this fact immediately, no later than 48 hours before the commencement of the Reservation. In such a case, the Client has the right to decide whether they agree to the fulfilment of the Reservation during the period proposed by the Service Provider or in a room or apartment with parameters as close as possible to those originally reserved, or whether they withdraw from the agreement. In the event of withdrawal from the agreement, the Service Provider shall refund the amount paid by the Client as the price. The notification shall be sent to the e-mail address provided by the Client in the Reservation form. If no decision is made within 24 hours from receiving the notification, the Reservation shall be automatically cancelled and the funds paid shall be refunded.

Extending the Reservation beyond its original period is possible only after prior notification to the Service Provider and obtaining its approval. Acceptance of the extension conditions requires signing a registration card for the extended reservation and making payment. The Service Provider reserves the right to consider requests for extending the stay only depending on the availability of rooms or apartments.

§ 6 USE OF THE ROOM OR APARTMENT

The Client collects the reserved room or apartment on the date specified in the Rental Agreement, after verification of their identity by an employee of the Service Provider at the reception desk.

When collecting the keys to the room or apartment, the Client is informed about the functionalities of the room or apartment and all the most important rules of its use.

In the event of identifying or the occurrence of any failures, damages or missing equipment at the time of collecting the room or apartment, the Client is obliged to inform the Service Provider about this and ensure their accurate documentation.

Any damages identified after collecting the room or apartment must be reported to the Service Provider immediately after their discovery.

The Client is not entitled to sublet the room or apartment to other persons.

The room or apartment may not be used by the Client for purposes other than recreational and tourist purposes.

The Client is obliged to comply with a complete ban on smoking tobacco products or electronic cigarettes inside the room or apartment.

The Client is not permitted to make any changes, modifications or repairs in the room or apartment.

The Service Provider shall not be liable for the loss or damage of items brought in by the Client.

The Service Provider shall not be liable for money, valuable items or other belongings left outside safes available in the rooms or apartments.

The Service Provider shall not be liable for food products, medicines or pharmaceutical products brought in and left after the end of the rental period, in particular for their proper storage. The above-mentioned items left by the Client shall be immediately disposed of in accordance with applicable sanitary regulations and occupational health and safety principles.

The Client shall bear full material liability for any damage, destruction or theft of property caused by the Client or persons visiting the Client.

In the event of a justified suspicion of a breach of these Regulations or suspicion of committing a crime or offence, the Service Provider has the right to access the room or apartment in any situation.

The Service Provider provides cleaning of the room or apartment only upon request and after reporting such fact to the facility manager by the Client.

The cleaning service with replacement of bed linen and towels for long-term Clients is provided once a week on a day agreed with the facility manager. Additional cleaning is subject to a separate charge.

Any necessary repairs or removal of technical faults shall be carried out after prior consultation with the Client. In the event of a fault posing a threat to health, life or property, and in the event of the necessity to carry out mandatory technical inspections, the Service Provider reserves the right to enter the apartment at any time.

Using apartments for purposes other than residential purposes, e.g. organising parties, ceremonies or social gatherings involving more people than registered guests or exceeding the intended purpose of the apartment, is prohibited. Violation of this prohibition shall result in charging the Client’s account with the contractual penalty indicated below, as well as the possibility of terminating the Rental Agreement with immediate effect.

The Client is obliged to open the doors for the building security upon every request. Failure to open the door may result in disconnecting electricity to the given apartment, to which the Client agrees.

A quiet period applies in the Service Provider’s facility from 10:00 p.m. to 6:00 a.m. Violation of the quiet hours shall result in charging the Client’s account with the contractual penalty in the amount indicated below, as well as the possibility of terminating the Rental Agreement with immediate effect. Such violation concerns generating a noise level equal to or higher than 45 dB measured at the apartment door or on the balcony one floor above or below the balcony of the room or apartment.

If the Client seriously or persistently violates the applicable house rules or, through their improper behaviour, makes the use of other premises in the building burdensome, the Service Provider may terminate the Rental Agreement without notice, after a single request for the Client to behave properly.

Moving elements of equipment and furniture to other rooms or apartments is prohibited.

Clients renting a room or apartment with doors equipped with a key lock are obliged to lock the doors with a key before leaving it.

Clients using the underground garage Poland Car Parking in Platinum Towers are obliged to park vehicles only in parking spaces designated by the facility manager.

The Service Provider accepts small pets up to 10 kg for the fee indicated below.

Personal belongings left by Clients in the room or apartment after check-out may be sent to the indicated address after the Client has paid the courier delivery costs in advance. The Service Provider shall notify the Client about finding the items and shall wait 7 days for instructions regarding their handling, e.g. packaging and waiting for the courier or disposal. If no such instructions are received, the Service Provider shall store these items free of charge for 7 days, after which they shall be disposed of.

§ 7 CANCELLATION AND DEDUCTIONS

Regardless of the length of the rental period, the Service Provider may terminate the Rental Agreement without observing the notice period in the event of identifying irregularities in the use of the room or apartment by the Client and retain the right to the full amount of rent and applicable additional fees.

The Service Provider also reserves the right to withdraw from the agreement until the commencement of the Reservation or services, if their performance is hindered or dangerous due to reasons independent of the Service Provider. The Service Provider has the right to withdraw from the agreement in the event of force majeure, natural disasters, states of war, etc. In these cases, the Client shall receive a full refund of the amount paid.

The Client is entitled to resign from the Rental Agreement (withdraw from the agreement); however, in such a case, the advance payment made by the Client shall be forfeited in favour of the Service Provider.

Pursuant to Article 38 point 12 of the Act on Consumer Rights, the Client is not entitled to withdraw from a distance contract without giving any reason in the case of Agreements, except for the contractual right to withdraw from the Agreement referred to in this section.

The Service Provider declares that it makes every effort to satisfy all special requirements of the Client. In such a case, the Service Provider stipulates that such requirements should be reported by the Client before making the Reservation. The Service Provider has the right to cancel the Reservation or reject a complaint if it was not informed about the Client’s special needs before the Reservation was made.

§ 8 ADDITIONAL FEES

The Service Provider reserves the right to charge the Client with additional fees, apart from the rental fee, in the following situations (and to claim compensation exceeding the costs indicated below):

loss of keys to the room or apartment – PLN 615,

returning the room or apartment in a condition requiring thorough cleaning – PLN 1000,

for each hour of an unagreed delay in returning the room or apartment by the Client — PLN 100 for each subsequent hour of delay,

finding a breach of the prohibition on smoking cigarettes or e-cigarettes in the room or apartment – PLN 615.

documented violation of the prohibition on organising parties, ceremonies or social gatherings involving more people than registered guests or exceeding the intended purpose of the apartment – PLN 615.

documented violation of quiet hours – PLN 615.

The Service Provider declares that additional fees also include additional options available at the individual request of the Client:

late check-out from the room or apartment – according to individual arrangements,

wake-up call at a specified time – free of charge,

storage of items at the reception desk – free of charge,

entry to STELLAR Premium Fitness Club – PLN 85 per entry,

additional cleaning – PLN 100–200 according to individual arrangements,

underground parking – PLN 90,

additional set of bed linen – PLN 100 per set.

pet stay in the room or apartment – PLN 100 per day.

The current price list of additional services is always available from the facility manager.

§ 9 PRICE AND PAYMENT METHODS

The price provided for each room or apartment on the Website is binding at the time the Client submits the Reservation. Prices displayed on the Website include VAT. The price may include an individually calculated discount or rebate assigned to the Client in an automated manner – information about this is included in the Reservation summary.

The Service Provider provides the Client with the following payment methods for the Reservation:

Traditional bank transfer (account number: PL64109010560000000144749956 Santander Bank),

Payment by payment card (the charge is made by the facility),

Electronic payments, card payments and BLIK payments via the Przelewy24.pl service – payment processing is handled by PayPro Spółka Akcyjna with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital amounting to PLN 5,476,300.00, fully paid up, entered into the register of domestic payment institutions maintained by the Polish Financial Supervision Authority under number UKNF IP24/2014. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, REGON number 301345068.

If a Reservation is made but the payment for that Reservation is not credited within 48 hours from its submission, the Reservation shall be cancelled.

The handover of the subject of the Reservation shall take place at the time specified in the Reservation confirmation.

§ 10 COMPLAINTS

The Service Provider is obliged to properly perform the services agreed upon.

In the event of identifying defects in the services provided, the Client may submit a complaint and inform the Service Provider about the observed irregularities and document such irregularities in order to verify the objections. A complaint may be submitted electronically or in writing to the Service Provider’s address, as well as personally at the facility.

The Service Provider undertakes to consider complaints without undue delay, and in the case of complaints submitted electronically or in writing, within 14 days from the date of submission, and to inform the Client about the decision and further proceedings in writing or via e-mail to the e-mail address provided in the complaint submission or on another durable medium.

The Client may submit a statement on reducing the price or withdrawing from the Agreement if the services provided are not in conformity with the Agreement, only when:

the Service Provider has refused to bring the services provided into conformity with the agreement;

the Service Provider has failed to bring the services provided into conformity with the agreement;

the lack of conformity of the services provided with the agreement continues despite the fact that the Service Provider attempted to bring them into conformity with the agreement;

the lack of conformity of the services provided with the agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;

it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not bring the services provided into conformity with the agreement within a reasonable time or without excessive inconvenience to the Client.

The reduced price must remain in such proportion to the price resulting from the Agreement as the value of the service not in conformity with the agreement remains to the value of the service in conformity with the agreement. The Service Provider shall refund the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receiving the Client’s statement on reducing the price.

In the event of a dispute between the Service Provider and the Client regarding the legitimacy of refusing to accept a complaint, a Consumer Client has the right to use out-of-court methods of resolving complaints and pursuing claims. The Client may use mediation or an amicable court procedure by submitting an appropriate form – an application for mediation or an application for consideration of the case by an arbitration court – to the institution before which the proceedings will take place. A list of example institutions together with their contact details is available at www.uokik.gov.pl. This right does not apply to an Entrepreneur with consumer rights.

§ 11 PERSONAL DATA PROTECTION

Provisions concerning the protection of Clients’ personal data by the Service Provider are included in the Privacy and Cookies Policy available on the Website.

§ 12 COPYRIGHTS

The Regulations and all content placed on the Website, including photographs and descriptions, constitute the subject matter of copyright within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are subject to legal protection. Any copying, reproduction, distribution or creation of derivative works thereof, in whole or in part, by any methods, devices or techniques, without the written consent of the Service Provider, is prohibited.

§ 13 FINAL PROVISIONS

For each Reservation, a VAT invoice or another accounting document compliant with applicable tax regulations is issued. A VAT invoice is delivered electronically to the e-mail address provided by the Client or in traditional form together with the delivery of the goods. Acceptance of the Regulations also constitutes consent to sending invoices in electronic form.

The applicable law is Polish law. Disputes arising between the Client and the Service Provider shall be resolved by the court having jurisdiction over the registered office of the Service Provider, with the reservation that, in relation to Consumers, such disputes shall be considered by the court having jurisdiction in accordance with the provisions of civil procedure. These Regulations are subject to Polish law and shall be interpreted in accordance with it. These Regulations do not limit any consumer protection rights that may be granted to the Client under mandatory provisions of law in the country of their residence.

The Service Provider reserves the right to amend the Regulations. The Service Provider shall notify about amendments to the Regulations through an appropriate announcement on the Website. Amendments to the Regulations shall enter into force after 14 days from the date of notification. Reservations submitted before the date on which amendments to these Regulations enter into force shall be carried out based on the provisions applicable on the date of submitting the Reservation.