TERMS AND CONDITIONS
of booking and accommodation
Comfy Apartments („Terms and Conditions”)
effective from 2st January 2025
These Terms and Conditions define the rights and obligations of the Service Recipient ("Client") and the Service Provider – Comfy Apartments Sp. z o.o., with its registered office in Gdynia at Aleja Zwycięstwa 241/13, Tax Identification Number (NIP) 5862412275, email address: info@comfyapartments.pl ("Comfy Apartments"), regarding reservations, the provision of accommodation or rental services in properties offered by the Comfy Apartments brand, as well as payment terms, complaints and liability.
These Terms and Conditions form an integral part of the accommodation agreement concluded with Comfy Apartments in properties managed by Comfy Apartments.
Making a reservation is tantamount to accepting the provisions of these Terms and Conditions, the content of which the Client can read at the following web address: https://comfyapartments.pl/txt/203/Regulamin.
Whenever the following terms are used in these Terms and Conditions:
Client – this means a natural person with legal capacity within the meaning of the Civil Code, a legal person or an organisational unit referred to in Article 33¹ of the Civil Code, being a party to an accommodation or rental agreement in a property offered by Comfy Apartments;
Comfy Apartments – this means the Service Provider, i.e. Comfy Apartments Spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia at Aleja Zwycięstwa 241/13, NIP: 5862412275;
Website – this means the website www.comfyapartments.pl, owned by Comfy Apartments, and the booking platform contained therein;
Agreement – this means all mutual rights and obligations of the parties arising from the accommodation agreement in properties offered by Comfy Apartments;
Service – this means the accommodation service provided by Comfy Apartments to the Client;
Total Service Price – this means the amount indicated during the booking process, including all fees resulting from the concluded Agreement;
Force Majeure – this means any external, unavoidable event that could not have been foreseen or prevented, in particular an event of a factual, legal, or administrative nature, which, despite all efforts and endeavours, could not have been foreseen, e.g. flood, hurricane, earthquake, war. Force Majeure does not include illness, car accident, cancelled holiday, cancelled flight, lack of documents authorising border crossing, family and personal matters, etc.;
Minors – this means a natural person who has reached the age of 13 but has not reached the age of 18.
§1 General Provisions
These Terms and Conditions define the terms of booking and accommodation in properties offered by Comfy Apartments, as well as the rules of payment, complaints, and liability of the parties to the Agreement.
Correct use of the Website requires computer equipment meeting the following technical requirements:
Internet access;
An installed web browser (it is recommended to have a current version of a browser, e.g. Internet Explorer, Firefox, Google Chrome, Opera, etc.);
An active and correctly configured email account.
The correspondence address of Comfy Apartments is: al. Zwycięstwa 241/13, 81-521 Gdynia, and the email address is: info@comfyapartments.pl.
§2 Subject of the Agreement
The subject of the Agreement is the accommodation service in a property offered by Comfy Apartments via the Website or intermediary portals when concluding agreements with Comfy Apartments.
Comfy Apartments is obliged to provide the Client with a property corresponding to the description contained on the Website or intermediary portal when concluding agreements with Comfy Apartments and within the dates specified in the reservation, and the Client is obliged to pay the Total Service Price specified in the booking process.
To avoid doubt, the accommodation service includes only the stay on the property. Other elements, such as the possibility of using common areas of the building (e.g. spa), access to cable TV, access to wireless internet, air conditioning, and access to parking, are additional services offered to the accommodation service, and their lack cannot be the subject of claims by the Client.
Making a reservation by the Client via the Website or intermediary portal when concluding agreements with Comfy Apartments is equivalent to accepting these Terms and Conditions and concluding an Agreement between the Client and Comfy Apartments.
During the booking process, the Client selects a property offered by Comfy Apartments via the Online Service or an intermediary portal facilitating agreements with Comfy Apartments. The Client makes the reservation by completing the virtual booking form available on the Online Service or intermediary portal or by making a reservation via telephone at +48 66 88 33 395 or by sending an email to info@comfyapartments.pl.
The Client makes a reservation by specifying the specific start and end dates of the stay, as well as the number of people who will be staying in the property. The stay is calculated in days. In the case of making a reservation by phone or email, the reservation becomes effective only after receiving a confirmation from Comfy Apartments sent to the Client’s email address.
Each property offered by Comfy Apartments is intended to accommodate a maximum number of guests as specified in the offer. The number of people staying in the property is declared by the Client during the booking process, either in the booking form, by phone, or via email. This number must not exceed the maximum capacity designated for the given property. Any stay involving more people than declared in the booking process must be agreed directly with Comfy Apartments before the stay and may result in an increase in the Total Service Price or refusal of the reservation.
Confirmation of the reservation is sent to the email address provided by the Client during the booking process. The email includes information confirming acceptance of the reservation, a summary of the offer, the Total Service Price, acceptance of the Terms and Conditions, and the reservation dates.
The Client is obligated to pay a deposit towards the Total Service Price within two working days from the date of receiving the email referred to in Clause 4 above but no later than the start date of the Service. The payment is made via the chosen payment method available in the payment link sent to the Client’s email address or, with prior approval from Comfy Apartments, by bank transfer to the bank account specified in Clause 8 of these Terms and Conditions. Confirmation of the bank transfer must be sent via email to finanse@comfyapartments.pl. The deposit payment is considered completed on the date it is credited to the Comfy Apartments bank account.
The deposit towards the Total Service Price amounts to 40% (forty percent) of the Total Service Price specified for the given reservation unless the offer explicitly states otherwise.
Failure to make the payment referred to in Clause 5 above entitles Comfy Apartments to terminate the agreement immediately without the need to set an additional deadline for fulfilling the payment obligation. Comfy Apartments will inform the Client about exercising this right no later than on the date of the start of the stay, following the lapse of the deadline for the deposit payment.
Payment of the remaining balance of the Total Service Price, reduced by the amount of the deposit referred to in §3 Clauses 5 and 6 above, shall be made using the selected payment method available in the payment link sent to the Client’s email address, or, with prior approval from Comfy Apartments, by bank transfer to the Comfy Apartments bank account: IBAN 70 1140 2004 0000 3502 8540 0406, or another bank account specified by Comfy Apartments. Payment must be made no later than 14 days before the start date of the stay unless the offer explicitly states otherwise or, upon agreement with Comfy Apartments, no later than upon check-in using a credit card, BLIK payment, or cash.
If the Client makes a payment via bank transfer immediately before the start date of the stay, they are obligated, upon request from Comfy Apartments, to present a PDF confirmation of the transfer.
Failure to make the payment referred to in Clause 8 above entitles Comfy Apartments to terminate the agreement immediately, without the need to set an additional deadline for fulfilling the payment obligation and without the obligation to return the deposit.
Payment is considered made on the date it is credited to the Comfy Apartments bank account.
The Client is obligated to provide information necessary for the booking process (particularly their full name, address, contact phone number, and email address) and declares that this information is truthful.
The standard proof of purchase for the Service is a receipt. If the Client requires an invoice for their stay, they are obligated to inform Comfy Apartments and provide the necessary data for issuing the invoice in correspondence related to the booking. This must occur no later than 24 hours after making the payment to Comfy Apartments by sending an email to info@comfyapartments.pl.
The stay in the property begins no earlier than 3:00 PM on the first day specified in the Agreement and ends at 11:00 AM on the last day.
Leaving the property after 11:00 AM on the last day of the stay is only possible with prior telephone approval and acceptance by Comfy Apartments and may result in an additional fee. However, leaving the property must occur no later than 3:00 PM on the last day of the stay under any circumstances. Leaving the property after 3:00 PM will incur an additional fee equal to the price of the last night’s stay, but not less than 300 PLN.
If the Client leaves the property after 11:00 AM on the last day of the stay without prior approval from Comfy Apartments, Comfy Apartments will charge the Client an additional fee equal to the price of the last night’s stay but not less than 300 PLN.
On the first day of the stay, the property will be handed over to the Client at a time previously agreed upon with Comfy Apartments, but no earlier than 3:00 PM. The Client will be provided with the keys to the property by a Comfy Apartments employee or via electronic codes granting access to a key storage location or electronic lock. Comfy Apartments is not liable for delays in handing over the property caused by the Client’s failure to notify their time of arrival.
The handover of the property can only take place to the person specified during the booking process or a person authorised by them in writing. Any person who receives access codes to the key storage location or electronic lock agrees not to share this information with third parties. If access codes are shared, the person specified during the booking process assumes full responsibility for the property by these Terms and Conditions and may be charged an additional fee of 1,000 PLN.
Check-in by a Comfy Apartments employee between the hours of 7:00 PM and 8:00 AM is considered an additional service and is only available upon prior notification and approval by Comfy Apartments. In such cases, Comfy Apartments will charge the Client an additional fee of 100 PLN.
On the check-in day, when handing over the keys to the property, Comfy Apartments is entitled to request that the Client presents a valid ID card or passport to confirm and record their personal information.
The Client is obligated to use the property for its intended purpose, these Terms and Conditions, and principles of social coexistence. In particular, the Client must not disturb the peace of others, including those staying in neighbouring properties.
Quiet hours are in effect in all properties between 10:00 PM and 6:00 AM.
The number of guests staying in the property must not exceed the number declared during the booking process. Any additional guests staying in the property will result in Comfy Apartments charging the Client an additional fee of 1,000 PLN per extra person, as well as the possibility of immediate termination of the Agreement.
The Client assumes full responsibility for any damages occurring during their stay in the property (including its furnishings) or in the common areas of the building where the property is located.
Comfy Apartments reserves the right to terminate the Agreement immediately, without refunding any received payments, if the Client, any individuals staying in the property, or pets breach these Terms and Conditions, behave aggressively, or disturb the peace of others, including those residing in neighbouring properties. In cases requiring intervention by the Police, Municipal Guard, on-site security, or a Comfy Apartments employee, Comfy Apartments will impose an additional fee of 1,000 PLN per incident without limiting the right to seek compensation under general principles.
Smoking is strictly prohibited in all properties, including the use of tobacco products, electronic cigarettes, and water pipes. This prohibition does not apply to the use of wood in fireplaces designed for that purpose if the property is equipped with such a fireplace. In the event of a violation of the smoking prohibition, Comfy Apartments may impose an additional fee of 500 PLN without limiting the right to seek compensation under general principles.
The Client is obligated to maintain the property with due diligence, including locking the entrance door when absent and refraining from removing any items belonging to the property without prior approval from Comfy Apartments. If Comfy Apartments identifies missing items after the Client’s stay, the Client may be charged for the cost of replacing the missing items.
The Client must promptly report any defects or issues found in the property to Comfy Apartments.
Comfy Apartments is obligated to provide the property in a condition suitable for fulfilling the agreed service and to maintain it in such condition throughout the term of the Agreement. Minor maintenance associated with the normal use of the property is the responsibility of Comfy Apartments.
Waste segregation is mandatory in all properties by local municipal regulations. If Comfy Apartments identifies improper or incomplete waste segregation, the Client may be charged an additional fee of 100 PLN.
If Comfy Apartments identifies a breach of these Terms and Conditions, receives a complaint from neighbours, building administration, or the Police, or if the stay remains unpaid, Comfy Apartments reserves the right to enter the property after making prior attempts to notify the Client by phone of this intention.
Both Comfy Apartments and the Client have the right to cancel the agreement within three days of the occurrence of Force Majeure. In such cases, the Client is entitled to a refund of all paid amounts, except for costs incurred by Comfy Apartments for property preparation, cleaning, and processing of the reservation and payments.
Failure to make payments as outlined in §3 of this agreement is considered a failure to perform obligations under the Civil Code.
If the Client cancels the reservation within five days of the agreed stay date, Comfy Apartments may retain all amounts paid by the Client unless otherwise specified in the cancellation terms of the offer under which the booking was made.
Changes to the reservation dates or the property selected during the booking process are only possible with the mutual agreement of both parties. If no agreement is reached, Clause 3 applies.
Early departure by the Client does not entitle them to a refund for the unused portion of their stay.
In cases where Comfy Apartments must amend essential terms of the agreement before or during the stay, particularly by changing the reserved property, the Client will be notified immediately. The Client must then inform Comfy Apartments whether they: a. Accept the proposed amendment to the agreement or b. Cancel the agreement effective immediately, which entitles them to an immediate refund of any amounts paid for the unused portion of the stay. The Client has three days from being notified by Comfy Apartments to decide.
Comfy Apartments collects a refundable security deposit from the Client to cover potential damages to the property and additional charges resulting from these Terms and Conditions. The amount of the security deposit depends on the selected property and length of stay. Information on the deposit amount is provided in the offer during the booking process. The deposit can be paid in cash, via bank transfer, or by charging the Client’s credit card. A receipt for the cash deposit or a confirmation of credit card pre-authorisation will be issued by Comfy Apartments.
The security deposit referred to in Clause 7 will be returned to the Client within seven days of check-out by releasing the credit card pre-authorisation or via bank transfer.
If additional charges are incurred by the Client under these Terms and Conditions or damages to the property are identified, Comfy Apartments may deduct the corresponding amount from the security deposit. If the deposit amount is insufficient to cover the costs, the Client is obligated to pay the difference. This does not limit Comfy Apartments’ right to claim additional compensation under general principles.
§6 Liability
Comfy Apartments is liable for non-performance or improper performance of the Agreement unless the non-performance or improper performance is solely caused by the Client’s actions or omissions or by Force Majeure.
The Client is responsible for all damages occurring in the property, particularly to its furnishings and fixtures, caused by the actions or omissions of the Client or the actions or omissions of persons or animals present in the property during the Client’s stay. Such damages must be reported to Comfy Apartments within one day of their occurrence.
The Client is not liable for damages caused by Force Majeure.
Comfy Apartments is not responsible for items belonging to the Client that are left on the property during the stay or after check-out. If Comfy Apartments identifies any items left by the Client after check-out, Comfy Apartments may (but is not obligated to) store such items for up to 14 days from the date of discovery. The items may only be collected by the Client in person at a location designated by Comfy Apartments.
In the event the Client loses the property keys, access card, garage remote, or other items granting access to the property or building, the Client will be charged the cost of replacement. For lost keys, this includes the cost of replacing the lock cylinder and reproducing additional key sets belonging to Comfy Apartments, as well as an additional fee of 100 PLN.
Comfy Apartments is not liable for damages to the Client’s property occurring in garages, parking spaces, or common areas of the building.
The Client agrees to comply with all fire safety and occupational health and safety regulations applicable in the building where the property is located and assumes full responsibility for any consequences resulting from their non-compliance.
§7 Complaints
If the services provided are found to be inconsistent with the Agreement, the Client should submit a complaint to Comfy Apartments in writing or electronically to reklamacje@comfyapartments.pl within no more than 14 days from the end of the stay.
Comfy Apartments will respond to the complaint within 30 days of its receipt and will inform the Client electronically to the email address provided during the booking process.
If the complaint is rejected, Comfy Apartments is obligated to provide the Client with reasons for the rejection.
§8 Pets
Comfy Apartments does not allow pets in the properties, subject to §8 Clauses 2 to 4 below.
Clients wishing to stay in a property with a pet must request individual permission from Comfy Apartments before making a reservation, specifying the property and stay dates.
Comfy Apartments will promptly inform the Client electronically of whether a pet may be accommodated.
If permission is granted for a pet to stay, Comfy Apartments will charge the Client an additional fee for the pet’s accommodation.
Bringing pets into the property without prior permission from Comfy Apartments entitles Comfy Apartments to charge the Client an additional fee of 500 PLN.
§9 Reservations by Minors
Reservations and stays by minors aged 13 to 18 may be made under the conditions outlined in these Terms and Conditions only with written consent from a guardian or legal representative sent as a scanned document to the Comfy Apartments email address.
The guardian or legal representative must send the scanned consent referred to in Clause 1 to info@comfyapartments.pl within three days of the minor making the reservation but no later than one day before the start date of the stay. If the consent is not received within this timeframe, Comfy Apartments will set a one-day deadline from the confirmation of the reservation for the guardian or representative to provide the consent. Failure to do so will result in automatic cancellation of the reservation.
If Comfy Apartments discovers on the day of check-in or during the stay that the Client is a minor, Comfy Apartments will immediately contact the guardian or legal representative to confirm the Agreement, giving them three hours to respond. If confirmation is not received, the Agreement will be considered void.
In such cases, the guardian or legal representative assumes full responsibility for any obligations under these Terms and Conditions, including damages to the property.
§10 Final Provisions
Matters not regulated by these Terms and Conditions are subject to the provisions of the Polish Civil Code.
The interior design of properties offered by Comfy Apartments constitutes a work of art under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended). Reproduction or dissemination of this work in any form requires written permission from Comfy Apartments and may incur additional charges. Unauthorised reproduction or dissemination entitles Comfy Apartments to impose an additional fee of 10,000 PLN.
The Client acknowledges that they have been informed of the content of Article 38 point 12 of the Act of 30 May 2014 on Consumer Rights, according to which the right to withdraw from a remote agreement does not apply to contracts for the provision of accommodation services other than for residential purposes.
The administrator of the personal data of the Client or their representative is Comfy Apartments. The Client’s personal data will be processed, among other purposes, to execute the Agreement. More information on data processing principles, including purposes and rights, is available in the privacy policy on the website https://comfyapartments.pl.
Any disputes between Comfy Apartments and the Client will be resolved by Polish law by the court having jurisdiction over the city of Gdynia.
