TERMS & CONDITIONS FOR BOOKING AND SHORT-TERM RENTAL OF EMIHOUSE APARTMENTS
The Regulations define the rights and obligations of the Service Recipient ("Guest") and the Service Provider - Dual Bałajewicz, Stepaniak Spółka Jawna with its registered office at ul. Eugeniusza Kwiatkowskiego 2b lok. 18L, 35-311 Rzeszów, registered by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number 0000984501, NIP number 8133705531, REGON number 361820427, with the e-mail address: rezerwacja@emihouse.pl ("Emihouse"), in the scope of booking and short-term rental of premises offered by Emihouse, as well as the rules of payment, complaints and liability.
The Regulations constitute an integral part of the short-term rental agreement concluded via the Emihouse portal.
Making a reservation and beginning your stay in Emihouse apartments is tantamount to accepting the provisions of these regulations by the person renting the apartment, hereinafter referred to as the Guest. The Guest has the opportunity to familiarize themselves with the content of these regulations at the electronic address www.emihouse.pl/regulamin, and confirms their acceptance by an appropriate statement on the reservation form.
The terms used in the Regulations should be understood as:
1) Agreement - this should be understood as all mutual rights and obligations of the parties resulting from the short-term rental agreement for premises offered by Emihouse
2) Emihouse - this should be understood as the Service Provider, i.e. Dual Bałajewicz, Stepaniak Sp.j. with its registered office at ul. Eugeniusza Kwiatkowskiego 2b lok. 18L, 35-311 Rzeszów, entered into the Register of Entrepreneurs maintained by the National Court Register, KRS number 0000984501, NIP number 8133705531, REGON number 361820427,
3) Guest - this should be understood as a natural person with legal capacity within the meaning of the Civil Code, a legal person or an organizational unit referred to in art. 331 k.c., being a party to the short-term lease agreement for premises offered by Emihouse,
4) Website - this should be understood as the website: www.emihouse.pl, owned by Emihouse and the booking platform contained therein supported by Profitroom S.A.,
5) Service Price - this should be understood as the amount indicated during the booking process, including all liabilities resulting from the concluded Agreement,
6) Minors - this should be understood as a natural person who has reached the age of 13 but has not reached the age of 18.
7) Force Majeure - this should be understood as any external, inevitable phenomenon that could not be foreseen or opposed, in particular a phenomenon of a factual, legal or administrative nature, which could not be foreseen despite all efforts and efforts, e.g. flood, hurricane, earthquake, epidemic, war, uprising, revolution, riots. Force majeure cannot be understood as: illness, car accident, cancelled holiday, lack of documents authorizing crossing the border, family and personal matters, etc.
§ 1. GENERAL CONDITIONS
1. The Regulations define the conditions of reservation and short-term rental of premises/apartments offered by Emihouse, as well as the rules of payment, complaints and liability of the parties to the Agreement. 2. Proper use of the Website requires computer equipment that meets the following technical requirements:
a) has Internet access,
b) has an installed Internet browser (it is advisable to have an up-to-date version of the browser, e.g. Safari, Internet Explorer, Mozilla Firefox, Google Chrome, etc.),
c) has an active and correctly configured e-mail account.
3. The correspondence address of Emihouse is the registered office of the Service Provider, i.e. Dual Bałajewicz, Stepaniak Sp.j.: ul. Eugeniusza Kwiatkowskiego 2b lok. 18L, 35-311 Rzeszów, and the e-mail address is: rezerwacja@emihouse.pl or info@emihouse.pl
§ 2. SUBJECT OF THE AGREEMENT
1. The subject of the Agreement is the short-term rental of premises (along with additional services) offered by Emihouse via the Website, portals and services intermediating in concluding agreements with Emihouse and reservations made directly - by phone, e-mail or via internet messengers, such as Facebook Messenger.
2. Emihouse is obliged to provide the Guest with premises in accordance with the description contained in the Website or portal intermediating in concluding agreements with Emihouse and on the dates specified in the reservation, and the Guest is obliged to pay the Service Price specified in the reservation process.
3. Making a reservation by the Guest is tantamount to accepting these Regulations and concluding an Agreement for short-term rental of premises between the Guest and Emihouse.
§ 3. RESERVATION AND PAYMENT RULES
1. In the booking process, the Guest selects a property offered by Emihouse via the Website or the portal acting as an intermediary when concluding agreements with Emihouse, and then makes a reservation for the property on the Website or the portal acting as an intermediary when concluding agreements with Emihouse, by phone at +48 570 504 570, by e-mail or via internet messengers.
2. Each of the properties/apartments offered by Emihouse is intended for the residence of a maximum of the number of people indicated in the booking form. The number of people to stay in the property is indicated by the Guest during the booking. This number cannot exceed the maximum number designated for a given property. The stay of more people in the property than indicated in the booking process must be agreed directly with Emihouse before the start of the stay and may result in an increase in the price of the property or a refusal to book it.
3. Confirmation of the reservation is made by delivering a message to the e-mail address or telephone number provided by the Guest during the reservation process with information about confirmation of the reservation, summary of the offer, specification of the date of stay, Price of the Service and acceptance of the provisions of the Regulations.
4. The Guest is obliged to pay the amount of the reservation fee/Price of the Service within the time specified in the reservation process. Payment can be made:
a) by bank transfer to the Emihouse bank account,
b) by online payment by card or internet transfer (e.g. via Polcard Payments),
c) by payment card (Visa, VisaElectron, MasterCard, Maestro, Diners, Amex) via the online payment link or filling in the payment card authorization
d) in cash upon check-in after prior arrangement with the Emihouse reception
4.1. The payment card used to make the reservation must be valid for the entire stay. The Guest may be asked to show it upon check-in. If the booking was made using a payment card belonging to a third party, the Guest will be asked to present a payment card authorisation document signed by the cardholder or to pay the fee for the stay upon arrival. In such a case, the funds debited from the third party's card account will be refunded.
4.2. In the case of bookings made on behalf of a third party, the Guest should contact Emihouse staff to arrange payment details.
4.3. Payment of the full value of the service should be made before the start of the stay or, if otherwise agreed, at the latest upon check-in, using a payment card or in cash.
5. If payment was made by bank transfer, the payment will be made on the day Emihouse's bank account is credited.
6. Guests who wish to receive a VAT invoice are requested to inform Emihouse and provide the necessary company details during the booking process. Failure to provide invoice details will prevent Emihouse from issuing a VAT invoice for payments made before arrival. In such a case, the personal invoice or fiscal receipt will be issued to the person whose details appear in the booking confirmation without the possibility of later issuing a VAT invoice for a fiscal receipt without a Tax Identification Number.
7. After the payment is posted to the Emihouse account, a confirmation of receipt of the payment will be sent to the Guest electronically.
8. Each time after receiving payment or performing the service (depending on which action occurred first), Emihouse issues a VAT invoice or fiscal receipt in accordance with applicable regulations. Invoices and bills are sent in electronic form (PDF) by e-mail to the e-mail address provided by the Guest. Cash register receipts are available for collection at the company's registered office within 7 days of making the payment or performing the service. After this time, they are destroyed.
9. Failure to pay the amount referred to in paragraphs 4 and 5 above entitles Emihouse to withdraw from the agreement without the need to set an additional deadline for performance. Emihouse shall inform the Guest about the exercise of this right within 7 days of the expiry of the deadline for payment of the Service Price.
10. In a situation where the Guest paid by bank transfer immediately before the start of the stay, at the request of Emihouse, they are obliged to present in any form (printout, pdf) and any medium (paper, smartphone, laptop) confirmation of the bank transfer to Emihouse.
11. The Guest is obliged to provide information necessary for the booking process (in particular name and surname, address of residence, contact telephone number, e-mail address), at the same time declaring their truthfulness.
12. Special requests that the Guest informs Emihouse about during the booking process will be fulfilled depending on availability, and their fulfillment may be subject to an additional fee.
§ 4. DEPOSIT
1. Emihouse has the right to collect a refundable deposit from the Guest to secure any potential damage to the premises. The amount of the refundable deposit is from PLN 300 to PLN 600 for each booked apartment and depends on the selected apartment, the date of stay and the source of the reservation. Information on the amount of the refundable deposit is provided in the offer for a given stay, during the reservation on the Website or on the websites of portals and intermediary services.
2. The refundable deposit is collected in the form of a block (pre-authorization) charging the Guest's payment card, by bank transfer or cash. In the event of choosing the cash form, Emihouse issues the Guest a receipt for the receipt of the refundable deposit, and in the event of charging the credit card, Emihouse issues a confirmation of the pre-authorization.
3. The deposit referred to in point 1 above, is returned within 7 days from the check-out date by unblocking (returning) the charge/pre-authorization of the payment card, or by transfer to the Guest's bank account. Emihouse is not responsible for delays in the return of blocked funds resulting from the actions of banks and entities intermediating in payments with payment cards. 4. If Emihouse finds damage in the premises that was not noted at check-in, the Guest will be deducted from the deposit an amount equal to the cost of repairing the damage. If the amount of the deposit is not sufficient to cover the damage referred to in the previous sentence, the Guest is obliged to cover the difference between the amount of the damage and the amount of the deposit paid. Emihouse reserves the right to charge a fee for damage caused in the premises from the payment card provided for the reservation. The above does not prevent Emihouse from seeking compensation on general terms
§ 5. TERMS/RULES OF STAY
1. Check-in and Check-out
1.1 The stay in the premises begins no earlier than 15:00 on the first day specified in the Agreement and ends on the last day at 11:00.
1.2. Early check-in (before 15:00 on the day of arrival) or late check-out (after 11:00 on the last day of stay) is possible subject to availability, only after prior telephone or e-mail arrangement with Emihouse staff and receiving Emihouse's consent. Additional fees may apply.
1.3. In each case, the premises must be vacated no later than 14:00 on the last day of stay.
1.4. Leaving the premises after 11:00 or 14:00 on the last day of stay without prior arrangement with the Emihouse reception will result in charging a fee for the next day in accordance with the rates applicable on that day.
1.5. Check-in at Emihouse premises/apartments takes place without the personal presence of reception staff. Emihouse offers the possibility of self-check-in and check-out.
1.6. On the day of the arrival of the stay, no later than 3:00 p.m., the Guest will receive access codes to the apartment. The codes will be sent by e-mail to the e-mail address provided by the Guest and/or by text message to the mobile phone number provided by the Guest.
1.7. At the time of check-in and handover of the keys to the premises, Emihouse is entitled to request the Guest to present their valid photo ID (personal ID or passport) in order to record the Guest's personal data and the payment card used to pay for the reservation for verification purposes.
2. Emihouse is not liable to the Guest for any delays in handing over the premises caused by the failure to deliver the e-mail or text message containing the access codes to the premises/apartment, which is not due to Emihouse's fault, e.g. due to lack of internet access or other technical problems on the Guest's devices.
3. Unregistered persons may stay in the apartment as guests between 7:00 and 22:00. If an unregistered person stays in the Guest's apartment after 22:00, it is tantamount to the tenant's consent to the paid accommodation of the unregistered person, at the full prices applicable on the day of accommodation. 4. The Guest renting the apartment may not transfer it to other persons, even if the day for which he paid the fee has not expired. 5. Organizing parties/events/social receptions in the premises/apartment is prohibited.
6. Night time silence - in the premises and on the premises, night time silence applies between 22:00 and 6:00.
7. The Guest is obliged to use the premises in a manner consistent with its intended use, the provisions of the Regulations and the principles of social coexistence, in particular in a way that does not disturb the peace of third parties, including persons residing in neighboring premises.
8. Emihouse has the right to terminate the Agreement with immediate effect if the Guest, persons staying in the premises or an animal fail to comply with the provisions of these regulations, behave aggressively or in a manner that disturbs the peace of third parties, including persons residing in neighbouring premises.
9. In the event of receiving information specified in paragraph 8 above, Emihouse is entitled to call the appropriate public services to the premises in order to investigate the circumstances occurring in the premises.
10. In the event of intervention by public services (e.g. Police or Municipal Guard), Emihouse will impose a fine of PLN 2,000 on the Guest.
11. Smoking ban - In the premises offered by Emihouse and in the common parts of the buildings - in accordance with the Act of 8 April 2010 amending the Act on the protection of health from the effects of using tobacco and tobacco products and the Act on the State Sanitary Inspection (Journal of Laws No. 81, item 529) - there is a total ban on smoking cigarettes/tobacco products, other stimulants and the use of open fire. The smoking ban is intended to ensure the comfort and safety of all our guests and to comply with legal regulations regarding health and safety protection. This ban does not apply to smoking on the balcony, if the premises have a balcony, it is possible to smoke on the balcony while respecting cleanliness and order. We would like to point out that it is necessary to use an ashtray, it is not allowed to throw cigarette butts outside the balcony. In the event of noticing cigarette butts on the balcony floor or outside the balcony, Emihouse will impose additional cleaning costs on the Guests.
12. In each case of violation of the ban specified in point. 11 above, Emihouse imposes a fee/fine of PLN 1,000 on the Guest who made the reservation, which does not limit the possibility of seeking compensation on general terms.
13. In the event of a fire alarm and its consequences in the form of, for example, the arrival of the Fire Department, evacuation of the building as a result of the act or omission of the Guest or persons staying in the apartment, the Guest will be charged a fine of PLN 5,000 and any costs of claims from third parties, if such claims arise in connection with the fire alarm and its consequences.
14. The Guest is obliged to take care of the apartment and Emihouse property with due diligence, and not to take items included in the equipment of the premises outside its area.
15. Each time the Guest leaves the apartment, he is obliged to close the entrance door and windows and make sure that they are closed so that third parties cannot access the apartment.
16. The Guest is obliged to report any defects in the premises to Emihouse immediately.
17. Emihouse should provide the premises to the Guest in a condition suitable for the agreed use and maintain it in such condition for the duration of the lease. Minor expenses connected with the normal use of the premises are charged to Emihouse.
18. Apartment service - Since Emihouse provides "self-catering" accommodation services, daily cleaning of the premises is not included in the price. Cleaning dates depend on the length of stay and are provided each time in the booking conditions.
Cleaning during the stay includes changing bed linen and towels, replenishing hotel cosmetics and hygiene products, and standard cleaning of the entire apartment, including cleaning the bathroom. In order to order additional, paid cleaning, the Guest is asked to contact the Emihouse reception at least 1 day in advance.
19. Lost keys - in the event of loss or failure to return the keys to the premises by the Guest after check-out, an additional fee of PLN 200 per key applies. Emihouse reserves the right to retain part of the deposit or to charge the fee to the payment card provided for the reservation.
§ 6. WITHDRAWAL FROM THE AGREEMENT / CANCELLATION OF RESERVATION
1. At any time, before the agreed date of stay, the Guest has the right to withdraw from the Agreement. In the event of the Guest's withdrawal for reasons attributable to him, the Guest is obliged to cover the costs of cancellation of the stay in an appropriate amount constituting a cancellation fee resulting from the Guest's withdrawal from the stay in accordance with the cancellation policy depending on the method of making the reservation:
1.1. reservations made on the websites of portals and services intermediating in concluding agreements with Emihouse (so-called OTA) - in the case of reservations made using reservation systems, the cancellation is carried out in accordance with the cancellation rules given in the subsequent steps of the reservation process on the website of the given portal/intermediary service and in the reservation confirmation received from the given reservation system.
1.2. direct reservations (e-mail correspondence, FB Messenger; telephone) - in the case of reservations made directly, the following cancellation rules apply (unless otherwise agreed in a separate agreement) depending on the selected offer type and the reservation date:
a) Non-refundable offers:
In the event of cancellation/revocation of the reservation at any time after making the reservation or failure to show up at the facility on the day of arrival, the Guest will be charged the full price of the reservation / the prepayment will be forfeited.
b) Flexible offers:
The reservation can be canceled free of charge up to 3 days before arrival. Cancelling the reservation after this time or failure to show up at the facility on the day of arrival will result in the Guest being charged for the entire stay / retaining the full amount paid, constituting a cancellation fee.
c) Super-flexible offers:
The reservation can be canceled free of charge up to 1 day before arrival. In such a case, the prepayment will be refunded within 7 days of reporting the cancellation of the reservation. In the event of cancellation of the reservation after this time or failure to show up at the property on the day of arrival, Emihouse will charge the Guest for the first day.
2. Changing the reservation date or changing the premises selected in the reservation process is only possible by mutual agreement. In the event of a lack of agreement between the parties, paragraphs 1 - 1.2 above shall apply.
3. In the event of a situation in which Emihouse, for reasons beyond its control (e.g. in the event of technical problems or other situations preventing the stay in the Emihouse apartment), is forced to change the material terms of the agreement before the start of the stay or during the stay, in particular to change the booked premises or the date of the reservation, it shall immediately notify the Guest, who should immediately inform Emihouse whether:
a) they accept the proposed change to the Agreement, or
b) they withdraw from the Agreement, effective on the day of withdrawal, which involves the return to the Guest of all paid or unused services.
4. Failure to pay, as referred to in § 3 section 5 of the Agreement, is considered a failure to fulfill the obligation within the meaning of the provisions of the Civil Code.
5. Emihouse has the right to refuse to accept a Guest who, during the previous stay, violated the regulations, causing damage to the property of Emihouse, Emihouse employees or other persons staying in the facility, or otherwise disturbed the peace in the facility.
6. In the event of Force Majeure, Emihouse and the Guest have the right to withdraw from the agreement within 3 days from the date of the occurrence of Force Majeure. The Guest is entitled to a refund of the amounts paid within 30 days from the date of withdrawal from the agreement. Emihouse reserves the right to charge the Guest for costs incurred in connection with the conclusion and implementation of the agreement.
§ 7. LIABILITY
1. Emihouse is responsible for non-performance or improper performance of the Agreement, unless the non-performance or improper performance is caused exclusively by the Guest's action or omission.
2. The Guest is responsible for any damage to the premises, in particular to its equipment and permanent elements, caused by the Guest's action/omission or the action/omission of persons or animals that were staying in the premises during the Guest's stay, about which Emihouse is informed immediately, no later than within 1 day of the occurrence of the damage.
3. The Guest is not responsible for damage caused as a result of Force Majeure.
4. Emihouse is not responsible for injuries or damages incurred by Guests renting Emihouse apartments. The Guest undertakes to have their own insurance to protect against any injuries that may occur during the use of the apartment. § 8. COMPLAINTS 1. Emihouse provides services in accordance with its standard and the Service Agreement. In the event of any reservations regarding the quality of services, the Guest is asked to report them immediately to the Emihouse staff, which will enable them to react.
In the event of a breach of the Agreement regarding the provision of services, the Guest should report any complaints to Emihouse in writing or electronically no later than 7 days from the date of termination of the stay.
2. Emihouse will consider the complaint within 21 days of its receipt, and will inform the Guest about it in the same form: written or electronic.
3. In the event of a refusal to accept the complaint, Emihouse is obliged to provide detailed justification in writing or electronically for the reasons for the refusal.
§ 9. ANIMALS
1. The stay of animals in Emihouse apartments requires the acceptance of Emihouse staff each time.
2. A Guest who plans to stay in an apartment with an animal is obliged to ask Emihouse for individual consent to the stay of animals, indicating the specific apartment and the date of stay, as well as the breed and species of the animal, before making a reservation.
3. Only pets (dogs and cats) may stay in the designated Emihouse apartments. Emihouse has the right to refuse to accept animals that are commonly considered dangerous or aggressive.
4. If Emihouse agrees to a stay with a pet, it will charge the Guest a fee of PLN 50 per day for the pet's stay. Guests are obliged to comply with the following rules for staying with a pet.
5. Dogs must be walked on a leash and with a muzzle, under the care of the owner or an authorized person. Dog owners are obliged to clean up any waste left by dogs on the premises and around the buildings in which Emihouse apartments are located.
6. Cat owners must have a litter box with litter and empty it into a separate garbage bag, which they will then throw into the container indicated by Emihouse. It is forbidden to throw any litter into the toilet - this is prohibited by Polish law.
7. No animal should be left alone in the apartment if at that time it could disturb the peace of other residents.
8. The owner is obliged to have their own bed for the animal. Please do not allow dogs on beds or sofas.
9. It is not allowed to use towels and bed linen belonging to Emihouse for the needs of animals, to allow animals to stay on furniture in the apartment and to relieve themselves inside the building.
10. The owner of a pet that sheds hair or may otherwise stain furniture is obliged to provide appropriate mats to protect the furniture in the apartment.
11. In the event of damage to the apartment caused by the animal, it will be assessed by Emihouse, and the costs will be charged to the owner of the animal.
12. In the event of failure to report the stay with the animal before arrival at the apartment, Emihouse may refuse to check in and has the right to retain the deposit/advance payment paid in advance. An additional contractual penalty of PLN 400 may also be imposed for failure to inform the Emihouse reception about having an animal in the apartment.
§ 10. BOOKING AND STAY OF MINORS
1. Booking and stay by Minors who are over 13 but under 18 years of age may make reservations under the terms and conditions specified in the Regulations, only and exclusively with the written consent of the guardian or legal representative sent as a scan to the Emihouse electronic address.
2. The guardian or legal representative shall send a scan of the consent referred to in paragraph 1 above to the Emihouse electronic address immediately after the Minor has made the reservation. In the event that the guardian or legal representative does not send the consent to Emihouse within the time specified in the preceding sentence, Emihouse shall set the guardian or legal representative a deadline of 1 day to confirm the reservation (express consent), referred to in paragraph 1 above. In the event that the consent in question is not sent to Emihouse, the reservation is automatically canceled. 3. In the event of an untrue completion of the booking form regarding the Guest's age and Emihouse stating on the day of check-in that the Guest is a Minor, Emihouse will immediately send an inquiry to the guardians or legal representatives whether they confirm or not that the Guest has concluded this Agreement, setting them a time limit for sending the information. Otherwise, the booking will be cancelled after this time without the possibility of seeking a refund of the prepayments previously paid.
4. In this case, the responsibility for the obligations contained in the Regulations (including damage to the premises) is borne by the guardian or legal representative of the Minor.
5. Throughout their stay in the Emihouse apartment, children under 13 years of age must be under the constant care and supervision of adults. The children's legal guardians are responsible for the behaviour of the children, including any damage and/or harm caused.
§ 11. FINAL PROVISIONS
1. In matters not regulated, the provisions of the Civil Code shall apply.
2. The Guest declares that he/she has been informed of the content of art. 38 point 12 of the Act of 30 May 2014 on consumer rights, according to which in the case of agreements for the provision of accommodation services, other than for residential purposes, the consumer is not entitled to the right to withdraw from the agreement concluded at a distance, as provided for in art. 27 of this Act.
3. The Guest consents, within the meaning of art. 23 sec. 1 points 1 and 3 in connection with art. 7 point 5 of the Act of 29 August 1997 on the protection of personal data, to the processing, updating, sharing and storage of his/her personal data for the purpose of implementing the Agreement. The Guest has the right to inspect his/her personal data and to correct it.
4. Any disputes between Emihouse and the Guest shall be resolved in accordance with the provisions of Polish law by a competent court in Poland.