General Terms and Conditions of Service
and Rules of Use

§ 1 Definitions

All expressions written with a capital letter that have not been directly defined in these general terms and conditions of service and rules of use shall have the meaning assigned to them below:

1. Apartment – a residential premises included in the Operator’s offer, described in detail on the Operator’s website: www.izerskie.com.pl, as well as https://client6202.idobooking.com/book-now/ or on other intermediary portals for the purpose of Apartment Reservation, which the Client rents for a stay, in particular for recreational or tourist purposes, for the duration determined each time by the selected offer taking into account the dates and number of persons indicated by the Client;
2. Short-term rental – shall mean a rental concluded on the basis of these general terms and conditions of service and rules of use, the duration of which is determined each time by the offer selected by the Client taking into account the start and end dates of the rental and the number of persons indicated by the Client. At the same time, it is stipulated that these terms and conditions may apply both to short-term rentals and to rentals covering longer periods, including those exceeding 30 days.
3. Security deposit – an optional fee serving to secure any potential claims of the Operator in the event of damage caused by the Client;
4. Client – an entity that is a party to the short-term Apartment rental agreement or undertakes actions aimed at concluding such an agreement, e.g. by submitting an inquiry about the Operator’s offer or making an Apartment Reservation;
5. Operator – Epal Spółka Akcyjna with its registered office in Wrocław at ul. Redyckiej 71, 51-169 Wrocław, entered in the National Court Register – Register of Entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number: 413679, providing Clients with short-term Apartment rental services and other related services, in particular for recreational or tourist purposes;
6. Client Care Representative – a representative of the Operator authorized to perform on behalf of and for the Operator the activities specified in the Terms and Conditions;
7. Terms and Conditions – these general terms and conditions of service and rules of use;
8. Reservation – an order of a service by the Client, the subject of which is the rental of an Apartment from the Operator together with other related services at a specified time, on the terms set out in the offer;
9. Parties – the Client and the Operator collectively.

§ 2 General Provisions

1. The Terms and Conditions define the conditions under which the Operator provides the Client with the short-term Apartment rental service included in its offer and other related services, and also describe the rules of using the Apartment by the Client.
2. The Operator holds a legal title to the Apartment that is the subject of the agreement concluded with the Client and is authorized to provide the Client with services of temporary access to the Apartment, in particular for tourist or recreational purposes, together with other accompanying services indicated in the offer.
3. The agreement for the provision of short-term Apartment rental services and other accompanying services indicated in the offer is concluded at the moment of an effective Reservation by the Client. The Terms and Conditions apply to the agreement referred to in the preceding sentence, and making a Reservation by the Client is tantamount to accepting the Terms and Conditions and undertaking to comply with them.
4. As part of the short-term Apartment rental service, the Operator undertakes to make the Apartment available to the Client, in particular for recreational or tourist purposes, as well as to provide other related services that were included in the offer and constitute the subject of the Reservation, while the Client undertakes to pay the agreed remuneration and to comply with the rules set out in the Terms and Conditions.
5. The detailed scope of services to which the Operator is obliged as part of the Apartment rental services is specified in the offer concerning the Apartment, contained on the Operator’s website: www.izerskie.com.pl, as well as https://client6202.idobooking.com/book-now/ or on other intermediary portals and in the Reservation.

§ 3 Reservation

1. The Client makes a Reservation:
   1. via the reservation system available on the Operator’s website: www.izerskie.com.pl and https://client6202.idobooking.com/book-now/ or through external booking portals,
   2. via email, by sending a message to: apartamenty@izerskie.com.pl,
   3. by phone, calling: (+48) 756 10 60 10 or (+48) 501 447 619.
2. The Reservation is made subject to the Client paying a reservation deposit to the Operator’s bank account or external booking portal in the amount and by the deadline specified in:
   1. the Reservation summary made via the reservation system available on the Operator’s website: www.izerskie.com.pl and https://client6202.idobooking.com/book-now/ or through external booking portals,
   2. an electronic message received from the Operator,
   unless payment of the reservation deposit to make the Reservation is not required and this fact is explicitly stated in the offer. The reservation deposit is credited towards the price and is subject to refund on the terms set out in the offer and presented to the Client when making the Reservation. If the terms of refund of the reservation deposit have not been specified, the reservation deposit shall be refunded in full in the event of cancellation of the Reservation by the Client no later than 7 days before the start date of the stay in the Apartment under that Reservation, and in the event of later cancellation of the Reservation, the reservation deposit shall not be refunded.
3. Confirmation of acceptance of the Reservation by the Operator is the delivery to the Client at the email address provided by the Client when making the Reservation of an electronic message containing information about the confirmation of acceptance of the Reservation together with the reservation number, a summary of the offer and the total price of the service.
4. If the Reservation cannot be accepted, the Client will receive at the email address provided by the Client when making the Reservation an electronic message containing information about the refusal to accept the Reservation. The refusal to accept the reservation may also be made verbally if the Client has chosen such a form of communication.
5. In the event of failure to pay the reservation deposit referred to in paragraph 2 above or paying it after the deadline, the Operator may cancel the Reservation. In such a case, the Client will receive at the email address provided by the Client when making the Reservation an electronic message containing information about the cancellation of the Reservation.
6. Independently of the reservation deposit referred to in paragraph 2 above, to secure any potential compensation claims, the Operator may collect a Security Deposit from the Client. The Security Deposit bears no interest and is subject to refund after the Client checks out and the condition of the Apartment is verified, but no later than 10 business days after checkout.

§ 4 Modification of Reservation

1. If the Client selects an offer allowing free cancellation of the Reservation (a so-called refundable offer), the Client – until the free cancellation deadline indicated in that offer – is entitled to modify the Reservation by cancelling it and making a new Reservation, via the Client’s account (if one has been created), a link sent upon Reservation confirmation, telephone contact or email.
2. Any modification of the Reservation described in paragraph 1 above requires confirmation by the Operator in documentary form (in particular via email). In the absence of such confirmation, it is assumed that the modification of the Reservation has not been made and the original Reservation remains in force.
3. If the Client selects a non-refundable offer (a so-called non-refundable offer) or after the free cancellation deadline has passed, the Client may submit a request to change the Apartment or the Reservation date. In such a situation, the Operator may, at its sole discretion, agree to a one-time modification of the Reservation, whereby the possibility of making such a change depends in particular on the availability of Apartments, available dates and organizational matters. Any modification of the Reservation requires confirmation by the Operator in documentary form. Lack of confirmation means that the original Reservation remains in force.
4. A modification of the Reservation in the situation described in paragraph 3 above should be made within the same stay price, and in the event that: (a) the price of the new Reservation is lower than the original Reservation, the Operator shall not be obliged to refund the Client the price difference, (b) the price of the new Reservation is higher than the original Reservation, the Client shall be obliged to pay the price difference.
5. The Operator reserves the right to cancel the Reservation or change the Reservation date and/or Apartment in the event of force majeure circumstances preventing the fulfilment of the Reservation, e.g. heating failure, power outage, etc. In such a case, the Operator, with the Client’s consent, changes the date and/or Apartment, crediting the funds paid by the Client towards the new Reservation, or in the event of the Client’s refusal to agree to the modification of the Reservation, the Operator or external booking portal promptly refunds the paid funds to the Client.
6. In the event of an agreement between the Parties to modify the Reservation due to force majeure circumstances referred to in paragraph 5 above, consisting of a change of Apartment, the Client shall not bear any additional costs in this regard.

§ 5 Stay in the Apartment

1. Handover of the Apartment to the Client on the first day of the stay under the Reservation takes place no earlier than at 16:00, unless an earlier handover of the Apartment is individually agreed with the Operator or Client Care Representative.
2. The Client is obliged to inform the Client Care Representative of the planned arrival time no later than 4 (four) hours before arrival, unless the Parties have agreed otherwise in accordance with the provisions of paragraph 1 above. The Client is obliged to immediately inform the Client Care Representative of any inability to arrive at the previously agreed time. The Operator shall not be liable to the Client for any delays in the handover of the Apartment caused by failure to properly notify the arrival time.
3. Handover of the Apartment takes place by handing over the Apartment keys to the Client, which the Client collects independently from the appropriate safe box, or by providing the Client with an individual code for the electronic door handle.
4. In the event of losing the keys, the Client is obliged to pay a contractual penalty of PLN 500.
5. Handover of the Apartment to the Client for use under the made Reservation shall take place subject to the Client paying the full price of the service in accordance with the offer and the made Reservation, i.e. paying 100% of the price for the stay in the Apartment and all additional services, on the terms and by the deadlines specified in the offer and presented to the Client when making the Reservation.
6. The Operator may refuse to hand over the Apartment to minors, persons under the influence of alcohol, intoxicants or behaving aggressively, posing a threat to persons or property, as well as in cases where there is reasonable suspicion that the Client will not comply with the provisions of the Terms and Conditions and/or generally applicable laws.
7. The Client is obliged to inspect the Apartment before the commencement of the stay under the Reservation and to immediately, but no later than 1 (one) hour from the moment the Apartment is handed over to the Client for use, inform the Client Care Representative of any damage found in the Apartment.
8. Each time the Client leaves the Apartment, they should close the doors and windows, turn off the television, radio and other electrical appliances, turn off the lights, close the water taps, and check that the doors are locked.
9. If the Reservation also includes a storage room, the Client also receives the keys to the storage room.
10. All damage caused by the fault of the Client or other persons, as well as animals staying in the Apartment, in particular resulting from improper use of the Apartment and/or its equipment, shall be charged to the Client.
11. The Operator shall not be liable for the belongings of the Client and/or other persons using the Apartment that have been left in the Apartment, storage room, common areas of the property and accordingly in the car park, both during and after the stay in the Apartment under the Reservation.

§ 6 Use of the Apartment

1. The number of persons entitled to use the Apartment is limited to the number of persons provided by the Client when making the Reservation and accepted by the Operator. Other persons, apart from those entitled to use the Apartment, may stay in it only between 8:00 and 22:00.
2. In the event of unauthorized overnight stays of other persons not covered by the Reservation, a fee of PLN 300 per night per each additional, unregistered person shall be added to each night reserved by the Client.
3. In certain Apartments, in accordance with the offer, the possibility of staying with pets in the Apartment is permitted with the consent of the Client Care Representative and subject to the Client supervising them. Staying with a pet is subject to an additional fee, according to the terms set out in the offer and presented to the Client when making the Reservation. In the event of damage to the Apartment caused by a pet, the Client is obliged to cover the costs of the damage caused.
4. Publishing photos and other multimedia materials created in the Apartments that may damage the Operator’s reputation is prohibited.
5. Consumption of alcohol in common areas, including corridors, stairwells and storage rooms, is prohibited.
6. Smoking tobacco, using other intoxicants, e-cigarettes and using open flames in the Apartment is prohibited. In the event of smoking tobacco, using other intoxicants or e-cigarettes in the Apartment or using open flames, the Client shall pay the Operator a contractual penalty of PLN 500 for each such confirmed case. The penalty referred to in the preceding sentence shall be paid no later than on the last day of the stay in the Apartment under the Reservation.
7. In the event of a flagrant violation by the Client of the provisions of these Terms and Conditions, in particular in the case of behaviour disrupting order, disturbing the peace of other persons, causing damage to property or endangering safety, the Operator is entitled to terminate the agreement with immediate effect. In such a situation, the Client is obliged to immediately vacate the Apartment together with accompanying persons.
8. In the event of termination of the agreement for reasons attributable to the Client, as referred to in paragraph 7 above, the Operator is entitled to retain all or part of the funds paid by the Client, to the extent corresponding to the damage suffered and lost profits, including in particular those resulting from the inability to re-rent the Apartment during the given period. The assessment of the amount of retained funds is made taking into account the circumstances of the given case, including the degree of violation of the Terms and Conditions and the Operator’s ability to mitigate the damage.
9. Quiet hours in the Apartment apply from 22:00 to 8:00.
10. Due to fire protection requirements, it is forbidden to use in the Apartment any devices not included in the Apartment’s equipment that are powered by electricity or gas and could create a fire hazard (in particular: electric heaters, radiators, gas burners). Burning candles in the Apartment is also prohibited.
11. There is an absolute prohibition on removing from the Apartment any items belonging to the Apartment (in particular: towels, blankets, pillows, furnishings, furniture, appliances, etc.).
12. Items left in the Apartment by the Client after the end of the stay under the Reservation, at their request and in a manner agreed with them, will be sent to the address indicated by the Client at the Client’s expense. In the absence of such a request, the item will be kept for a period of 6 (six) weeks, counted from the day it is found by staff or another person. Subsequently, the Client Care Representative will deal with the item in a manner appropriate to the generally applicable regulations.
13. The Client may not sublet the Apartment or transfer it to third parties for use on any basis.
14. The Client has no right to carry out any repairs or alterations in the Apartment without prior written consent of the Operator. The Client is obliged to immediately inform the Client Care Representative of the need to carry out repairs or alterations. The Client shall not be entitled to make any claims against the Operator in connection with the performance or non-performance by the Client Care Representative of the reported alterations, except for the request to make alterations to the Apartment in order to bring its condition into conformity with the terms of the made Reservation and the scope of services paid for by the Client.
15. The Client is obliged to maintain and return the Apartment in the condition in which it was handed over to the Client, with the exception of bed linen, towels and hygiene products. The use of bed linen and towels should correspond to the number of persons entitled to use the Apartment in accordance with the Reservation.
16. The Client is obliged to immediately report to the Client Care Representative any damage caused to property during the stay in the Apartment. All damage caused in the Apartment, its equipment, as well as on the property on which the Apartment is located, its common areas and appurtenances, shall be covered by the Client. The Client also bears full responsibility for damage caused by persons staying in the Apartment with their consent or knowledge.
17. The Client Care Representative is entitled at any time to enter the Apartment for the purpose of removing a malfunction or in the event of reasonable suspicion that the Client is violating the Terms and Conditions and/or generally applicable laws. If, after the Client Care Representative enters the Apartment, the Client is not present in the Apartment, the Client Care Representative will immediately contact the Client, informing them of the exercise of the right of entry to the Apartment and the purpose of this action.
18. Return of the Apartment on the last day of the stay under the Reservation takes place no later than 10:00. Return of the Apartment after 10:00 requires prior consent of the Operator. The Client is obliged to agree the time and manner of returning the Apartment with the Client Care Representative.
19. The intention to extend the stay in the Apartment must be reported by the Client to the Client Care Representative no later than 9:00 on the day on which the stay in the Apartment under the Reservation expires. The Operator will consider the Client’s request to extend the stay in the Apartment provided that it has a free Apartment at the given time and it will not cause disruption to cleaning and maintenance operations. An additional fee may apply for extending the stay.
20. In the event of failure to return the Apartment after the end of the stay under the Reservation, the Client will be obliged to pay the Operator a contractual penalty equal to twice the current price for the given Apartment as specified on the Operator’s website: www.izerskie.com.pl for each commenced day after the date and time (10:00) of the end of the stay under the Reservation.
21. The price of the stay in the Apartment under the Reservation includes the following costs:
    1. utilities:
       1. electricity,
       2. water,
       3. gas,
       4. sewage disposal,
       5. waste collection (after the stay, the Client is obliged to take the waste to the dedicated waste shelter for the given Apartment located in the common area of the facility),
       6. internet access (if the Apartment has such a connection and it was covered by the offer),
    2. use of the designated and marked parking space indicated by the Operator – for the Client’s exclusive use (if it was covered by the offer and falls within the scope of services under the Reservation);
    3. use of the storage room (ski room/bicycle room) (if it was covered by the offer and falls within the scope of services under the Reservation);
    4. use of other common areas (e.g. sauna, gym), if they were covered by the offer.
22. Brief interruptions in the supply of utilities, in particular electricity, water, heating or internet access, resulting from reasons beyond the Operator’s control, shall not constitute grounds for reducing the rental price or refunding part of the paid funds.
23. In the event of long-term interruptions significantly hindering the use of the Apartment, the Operator will take steps to reduce the inconvenience, including potentially offering the Client a change of Apartment, if possible.
24. No later than at the commencement of the stay in the Apartment under the Reservation, the Client is obliged to pay the local tax – spa tax, for all persons staying in the Apartment, in accordance with the applicable general and local regulations. The Operator is obliged to collect the spa tax by way of collection agency.
25. Failure by the Client to use the ordered and paid services for which the Operator remained ready to provide (including leaving the Apartment before the expiry of the Reservation period) does not entitle the Client to make any claims against the Operator.

§ 7 Complaints

1. The Client has the right to submit a complaint to the Operator regarding the Reservation within 14 days, counted from the end of the stay under the Reservation. The complaint must be submitted in writing, by sending it to the Operator’s registered office address or by email to: apartamenty@izerskie.com.pl.
2. The Operator will consider the Client’s complaint within 14 days of receiving it. The Client will be promptly notified of the outcome of the complaint by registered letter or electronically, to the appropriate address indicated by the Client in the complaint.

§ 8 Final Provisions

1. These Terms and Conditions may be made available in various language versions. In the event of discrepancies between individual language versions or interpretational doubts, the Polish version of the Terms and Conditions shall be binding.
2. Polish law shall apply to agreements concluded under these Terms and Conditions.
3. Disputes arising from agreements concluded under these Terms and Conditions shall be resolved by the court having jurisdiction over the Operator’s registered office.