TERMS AND CONDITIONS
of booking and accommodation
Comfy Apartments („Terms and Conditions”)
effective from 03 January 2024
The Terms and Conditions define the rights and obligations of the Service Recipient (“Customer”) and the Service Provider – PROXIMO Paweł Wiczliński with its registered office in Gdynia at Zwycięstwa avenue 241/13, tax identification number NIP 5862127942, e-mail address: info@comfyapartments.pl (“Comfy Apartments”), in terms of booking, providing accommodation service, or rental in the apartments offered by Comfy Apartments, as well as the rules governing payments, complaints, and liability.
These Terms and Conditions are an integral part of the accommodation contract concluded with Comfy Apartments in the facilities managed by Comfy Apartments.
Making a booking is tantamount to accepting the provisions of the Terms and Conditions, which the Customer may read at the web address https://comfyapartments.pl/en/txt/203/TERMS-AND-CONDITIONS.
Whenever the Terms and Conditions mentions:
1. Customer – shall 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 of the Civil Code, being a party to an accommodation or rental agreement in the apartments offered by Comfy Apartments,
2. Comfy Apartments – shall be understood as the Service Provider, i.e. PROXIMO Paweł Wiczliński with its seat in Gdynia at Zwycięstwa av. 241/13, tax identification number NIP 5862127942,
3. Website – shall be understood as the website: www.rentlikehome.com, owned by Comfy Apartments, and the booking platform contained therein,
4. Agreement – shall be understood as all mutual rights and obligations of the parties under the agreement for accommodation in the apartments offered by Comfy Apartments,
5. Service – shall be understood as the accommodation service provided by Comfy Apartments for the Customer,
6. Total Service Price – shall be understood as the amount indicated during the booking process, including all payments resulting from the concluded Agreement,
7. Force Majeure – shall be understood as any external, inevitable phenomenon, which could not have been predicted or opposed, in particular a phenomenon of a factual, legal, or administrative nature which, despite all efforts, could not have been foreseen, e.g., flood, hurricane, earthquake, war. Force majeure cannot be understood as: illness, car accident, cancelled leave, cancelled flight, lack of documents authorizing to cross the border, family and personal matters, etc.
8. Underage Persons – shall be understood as any natural person between 13 and 18 years of age.
§ 1
General Provisions
1. These Terms and Conditions define the terms of booking and accommodation in the apartments offered by Comfy Apartments, as well as the rules governing 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) Internet access,
b) an installed web browser (it is recommended to have the most up-to-date version of a given browser, e.g. Internet Explorer, Firefox, Google Chrome, Opera, etc.),
c) active and properly configured e-mail account.
3. The correspondence address of Comfy Apartments is: al. Zwycięstwa 241/13, 81-521 Gdynia, and the e-mail address is: info@comfyapartments.pl.
§ 2
Subject of the Agreement
1. The subject of the Agreement is the provision of an accommodation service in the apartments offered by Comfy Apartments via the Website or a web portal intermediating in the conclusion of agreements with Comfy Apartments.
2. Comfy Apartments is obliged to provide the Customer with an apartment in line with the description posted on the Website or a web portal intermediating in the conclusion of agreements with Comfy Apartments on the dates specified in the booking, and the Customer is obliged to pay the Total Service Price specified during the booking process.
3. For the avoidance of doubt, the accommodation service includes accommodation only. Other elements, such as the possibility of using the common parts of the building (e.g. SPA), access to cable TV, access to wireless Internet, air conditioning, access to parking, constitute additional services complementing the accommodation service, and their absence cannot be subject to claims on the part of the Customer.
4. Making a booking by the Customer via the Website or a web portal intermediating in the conclusion of agreements with Comfy Apartments is tantamount to accepting these Terms and Conditions and concluding an Agreement between the Customer and Comfy Apartments.
§ 3
Booking and Payment
1. In the booking process, the Customer selects the premises offered by Comfy Apartments via the Website or portal intermediating when concluding contracts with Comfy Apartments, and then booking the premises by completing the virtual booking form available on the Website or portal intermediating when concluding contracts with Comfy Apartments or makes a reservation by phone at +48 66 88 33 395 or by e-mail at info@comfyapartments.pl.
2. The Customer makes the booking by indicating specific dates marking the beginning and end of their stay, as well as the number of persons staying in the premises, under the offer posted on the Website or intermediary web portal. The stay is counted in days. If a booking is made by phone or by e-mail, the booking is effective after the Customer receives its confirmation from Comfy Apartments to their e-mail address.
3. Each of the apartments offered by Comfy Apartments can only accommodate a number of persons up to the maximum number indicated in the booking form. The number of persons who are to stay in any given apartment is indicated by the Customer during the booking: in the booking form, by phone, or via e-mail. This number may not exceed the maximum number for a given apartment. If more persons are to stay in an apartment than indicated in the booking form, it must be agreed directly with Comfy Apartments before the beginning of the stay and may result in an increase in the Total Service Price or a refusal to book it.
4. Booking confirmation is made by delivering to the e-mail address indicated by the Customer during the booking process a message containing the following: confirmation of the booking, offer summary, indication of the Total Service Price, acceptance of the Terms and Conditions and date of reservation.
5. Within 2 working days from the date of receipt of the message referred to in Section 4 above, but not later than on the date of the Service's commencement, the Customer is obliged to make a prepayment towards the Total Service Price by having the Customer's payment card debited or, with Comfy Apartments's prior consent, by bank transfer to the bank account indicated in § 3 sec. 10 of these Terms and Conditions. Confirmation of the transfer should be sent by email to info@comfyapartments.pl The payment of the booking fee is made on the day the Comfy Apartments bank account is credited.
6. Prepayment towards the Total Service Price shall be 40% (forty percent) of the Total Service Price specified for a given booking, unless the offer expressly states otherwise.
7. Lack of payment referred to in Section 5 above gives Comfy Apartments the right to withdraw from the Agreement with immediate effect, without the need to set an additional deadline for performance. Comfy Apartments informs the Customer about exercising this right between the expiry of the deadline for prepayment and by the date of commencement of stay at the latest.
8. Payment of the Total Service Price reduced by the amount of the prepayment referred to in § 3 sec. 5 and 6 above, shall be made by debiting the Customer's payment card or, with Comfy Apartments's prior consent, by bank transfer to the Comfy Apartments bank account number: 40 1090 1883 0000 0001 1052 5723 or another bank account indicated by Comfy Apartments. Payment is due 14 days prior to the commencement of the stay, unless the offer expressly states otherwise, or after confirmation with Comfy Apartments of such possibility, at the latest upon check-in by payment card or cash.
9. In the event that the Customer has paid Comfy Apartments by bank transfer immediately prior to the commencement of the stay, the Customer is obliged, upon request by Comfy Apartments, to present a PDF file confirming the transfer to Comfy Apartments.
10. Lack of payment referred to in Section 7 above gives Comfy Apartments the right to terminate the Agreement with immediate effect, without the need to set an additional deadline for performance and without the need to return the prepayment.
11. The payment is made on the day the Comfy Apartments bank account is credited.
12. The Customer is obliged to provide the information necessary for the booking process
(in particular name and surname, address, contact telephone number, e-mail address), while declaring their validity.
13. A sales receipt is the standard proof of purchase of the Service. If the Customer needs an invoice for their stay, they are obliged to provide this information and the data necessary to issue it as part of the correspondence regarding the booking. This must be done at the latest within 24 hours of making the payment to Comfy Apartments at the email address: info@comfyapartments.pl.
§ 4
Conditions of stay
1. Stay in the apartment begins no earlier than 3:00 p.m. on the first day specified in the Agreement and ends on the last day at 11:00 a.m.
2. Leaving the apartment after 11.00 a.m. on the last day of stay is possible only after prior arrangement by phone and approval by Comfy Apartments, and may be subject to an additional fee. However, in any case the apartment must be vacated no later than at 3:00 p.m. on the last day of stay. Vacating the apartment after 3.00 p.m. will result in an additional fee amounting to the price for the last day of stay, but not less than PLN 300.
3. In the event of vacating the apartment after 11.00 a.m. on the last day of stay without the prior consent of Comfy Apartments, Comfy Apartments shall impose an additional fee on the Customer in the amount of the price for the last day of stay, but not less than PLN 300.
4. On the day the stay begins, the apartment is handed over at a time previously agreed by Comfy Apartments with the Customer, but not earlier than 3:00 p.m. Apartment keys shall be provided to the Customer by an employee of Comfy Apartments or by sending an electronic access code to a key storage area or electronic lock. Comfy Apartments is not liable to the Customer for any delays in handing over the apartment due to the Customer's failure to give notice of their time of arrival.
5. The premises may only be handed over to the person indicated in the booking process or a person authorized by them in writing. The person who has been given access codes to a key storage area or an electronic lock undertakes not to disclose this information to third parties. If access codes are made known to a third party, the person indicated in the booking process bears full responsibility for the apartment under the Terms and Conditions and may be charged an additional fee of PLN 1000.
6. Customer check-in by a Comfy Apartments employee between 7:00 p.m. – 8:00 a.m. is an additional service possible only if Comfy Apartments has been notified earlier and expressed its permission. In the above case, Comfy Apartments shall impose an additional flat-rate charge of PLN 100 on the Customer.
7. On the day of check-in and handing over the keys to the apartment, Comfy Apartments is entitled to require the Customer to present their ID card or passport in order to confirm and record the Customer's personal data.
8. The Customer is obliged to use the apartment in a manner consistent with its intended purpose, the provisions of the Terms and Conditions and the principles of community life, in particular in a way that does not disturb the peace of third parties, including people staying in neighboring apartments.
9. Quiet hours are between 10:00 p.m. and 6:00 a.m.
10. The maximum number of persons in the apartment shall correspond to the number of people for whom the booking was made. Each time more people stay at the apartment, Comfy Apartments shall be entitled to charge the Customer an additional fee of PLN 1000 for each person above the number specified in the booking process and to terminate the Agreement with immediate effect.
11. The Customer bears the full cost of any damage caused during their stay to the apartment (including its equipment) or to the common parts of the building in which the apartment is located.
12. Comfy Apartments has the right to terminate the Agreement with immediate effect and without any refund if the Customer, persons staying in the apartment, or an animal violate the Terms and Conditions, behave in an aggressive manner or in a way that disturbs the peace of third parties, including residents of neighboring apartments (in particular by holding parties or other gatherings and meetings that violate good manners and principles of community life in the apartment). If an intervention becomes necessary by the Police, Municipal Police, security of a given facility, or a Comfy Apartments employee, Comfy Apartments shall impose an additional fee on the Customer in the amount of PLN 1,000 for each violation, which does not limit the ability of claiming compensation on general terms.
13. Smoking, especially of tobacco products, including electronic cigarettes, water pipes, etc., is strictly forbidden in all apartments offered by Comfy Apartments. This prohibition does not apply to burning wood in a suitable fireplace, in line with its purpose, if the apartment is equipped with such a fireplace. If the smoking ban is violated, Comfy Apartments may impose an additional fee on the Customer in the amount of PLN 500, which does not limit the ability of claiming compensation on general terms.
14. The Customer is obliged to take proper care of the apartment, in particular to lock the entrance door during their absence, and not to take the apartment's furnishings outside of its premises without the consent of Comfy Apartments. If Comfy Apartments finds that any furnishings are missing after the Customer's stay, Comfy Apartments may charge the Customer with the cost of purchase of the missing equipment.
15. The customer is obliged to report any defects in the apartment immediately after discovering them to Comfy Apartments.
16. Comfy Apartments shall hand over the apartment to the Customer in a condition suitable for the performance of the Service and maintain it in such a condition for the duration of the Agreement. Minor expenses connected with the usual use of the apartment are charged to Comfy Apartments.
17. In the premises offered by Comfy Apartments the segregation of waste (trash) is mandatory according to guidelines of the local authorities. In the event that Comfy Apartments finds out that waste is not segregated or is not segregated correctly, Comfy Apartments may charge the Customer with an additional fee of PLN 100.
18. In the event that Comfy Apartments observes a violation of the Terms and Conditions, receives a report about a violation from the neighbors, building administration, or the Police, and in the event of non-payment, Comfy Apartments is entitled to enter the apartment after an earlier attempt to notify the Customer of this intention by phone.
§ 5
Booking cancellation
1. Comfy Apartments and the Customer have the right to withdraw from the agreement within 3 days from the occurrence of Force Majeure. In this case, the Customer is entitled to a refund of all amounts paid, except for the costs incurred by Comfy Apartments involved with the preparation and cleaning of the apartment, as well as payment and booking processing.
2. Lack of payments referred to in § 3 of the Agreement is considered a non-performance within the meaning of the provisions of the Civil Code.
3. The Customer has the right to withdraw from the Agreement at any time before the agreed date of stay. In this event, Comfy Apartments may retain all funds previously paid by the Customer, unless otherwise specified in the terms of cancellation outlined in a particular offer.
4. Changing the booking date or changing the apartment selected in the booking process is possible only with mutual agreement of the parties. In the event of disagreement between the parties, Section 3 above shall apply.
5. The Customer's early departure from the apartment does not entitle the Customer to a refund for the unused part of the stay.
6. In the event that Comfy Apartments, for reasons beyond its control, is forced to change the essential terms of the Agreement before or during the stay, in particular, to change the booked apartment, it immediately notifies the Customer, who should immediately inform Comfy Apartments whether they:
a. accept the proposed amendment to the Agreement, or
b. withdraw from the Agreement effective on the date of withdrawal, which involves an immediate reimbursement of any fees paid for the unused period. The Customer has the right to withdraw from the Agreement within 3 days of being notified by Comfy Apartments about the circumstances indicated in § 5 sec. 6 above.
7. Comfy Apartments collects a refundable deposit from the Customer to cover any damage to the apartment and any additional charges under the Terms and Conditions. The amount of the returnable deposit depends on the selected apartment and the length of stay. Information on the amount of the returnable deposit is provided in the offer of a given stay during the booking process. The returnable deposit is collected in cash, by bank transfer or by debiting the Customer's payment card. If cash is selected, Comfy Apartments issues the Customer a receipt for the returnable deposit; in the case of charging a payment card, Comfy Apartments issues a confirmation of payment authorization.
8. The deposit referred to in Section 7 above is returned to the Customer within 7 days from the day of check-out by releasing the payment card's authorization hold or by bank transfer.
9. In the event that the Customer is charged with additional fees under the Terms and Conditions or that Comfy Apartments finds any damage to the apartment, which was not recorded at check-in and not reported by the Customer, the costs of repairing the damage and any additional fees shall be deducted from the Customer's deposit. If the amount of the deposit is not enough to cover the damage and additional fees referred to in the previous sentence, the Customer is obliged to cover the difference between the amount of the damage and additional fees, and the amount of the deposit paid. The above does not prevent Comfy Apartments from claiming compensation on general terms.
§ 6
Responsibility
1. Comfy Apartments is responsible for non-performance or improper performance of the Agreement, unless the non-performance or improper performance is caused solely by the act or omission of the Customer or Force Majeure.
2. The Customer is liable for all kinds of damage to the apartment, in particular to its equipment and permanent elements, caused by the actions/omissions of the Customer or the actions/omissions of people staying in the apartment during the client's stay, or animals, about which Comfy Apartments informs within 1 day of the damage taking place.
3. The Customer is not liable for damage caused by Force Majeure.
4. Comfy Apartments does not bear any responsibility for items belonging to the Customer left in the apartment during their stay and after the check-out date. If Comfy Apartments finds that the Customer has left items in the apartment after checking out, Comfy Apartments may (but is not obliged to) store these items for a period of 14 days from the date of learning about the item being left behind. Items left behind may be handed over to the Customer only in person and at a location indicated by Comfy Apartments.
5. If the Customer loses the key to the apartment, the access card, the parking garage remote, or other items used to access the apartment or facility, the Customer shall be charged for their replacement, (in the event of losing the keys) for replacing the lock insert, making additional sets of keys for Comfy Apartments, as well as with an additional fee of PLN 100.
6. Comfy Apartments is not liable for damages to the Customer's property in garages, parking spaces, and common parts of the buildings.
7. The Customer undertakes to comply with all fire and safety rules and instructions in force in the facility where the rented apartment is located and accepts full responsibility for any consequences of their non-compliance.
§ 7
Complaints
1. 1.If it is found that the services provided do not conform the Agreement, the Customer should submit any complaints to Comfy Apartments in writing or in electronic form to reklamacje@comfyapartments.pl no later than 14 days from the date of the end of their stay.
2. Comfy Apartments considers the complaint within 30 days of its receipt and informs the Customer about the result in electronic form on the address provided by the Customer during the booking process.
3. In the event of refusal to accept the complaint, Comfy Apartments is obliged to justify the reasons for the refusal.
§ 8
Animals
1. Comfy Apartments does not consent to the stay of animals in its apartments, subject to § 8 sec. 2–4 below.
2. Before making a booking, a Customer who wishes to stay in the apartment with an animal is obliged to ask Comfy Apartments for individual permission for the stay of animals in the apartment, indicating the specific apartment and the date of stay.
3. Comfy Apartments shall immediately reply to the Customer by e-mail about the possibility of staying with the animal.
4. If Comfy Apartments agrees for the animal to stay in the apartment, it shall charge the Customer an additional fee for the stay of the animal in the apartment.
5. The presence of animals in the apartment without the written consent of Comfy Apartments entitles Comfy Apartments to charge the Customer with an additional fee of PLN 500.
§ 9
Booking by Minors
1. Minors between 13 and 18 years of age may make bookings under the conditions specified in the Terms and Conditions only after sending a scanned written consent of their guardian or statutory representative to the electronic address of Comfy Apartments.
2. The guardian or statutory representative sends a scan of the consent referred to in Section 1 above to the e-mail address info@comfyapartments.pl within 3 days from the date of booking by the Minor, but not later than 1 day before the date of stay. If the consent of the guardian or statutory representative is not sent to Comfy Apartments within the time limit specified in the previous sentence, Comfy Apartments shall grant the guardian or statutory representative a period of 1 day from the confirmation of the booking (giving consent) referred to in Section 1 above. If the permission in question is not sent to Comfy Apartments, the booking is automatically cancelled.
3. If Comfy Apartments determines on the day of check-in or during the stay that the Customer is a Minor, Comfy Apartments shall immediately send an inquiry to their guardians or statutory representatives whether they confirm the conclusion of this Agreement by the Customer, providing them 3 hours to return the necessary information. If Comfy Apartments does not receive confirmation of the conclusion of the Agreement, the Agreement is considered void.
4. In this case, responsibility for the obligations contained in these Terms and Conditions (including for damage to the apartment) is borne by the guardian or statutory representative of the Minor.
§ 10
Final Provisions
1. In matters not covered by this Agreement, the provisions of the Civil Code shall apply.
2. The interior design of the apartments provided to Customers by Comfy Apartments constitute a copyrightable work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), therefore both recording it in any manner or the dissemination of the results of such recording in any way is subject to the approval of Comfy Apartments and may require an additional fee. Recording or distributing such copyrightable work without the written consent of Comfy Apartments entitles Comfy Apartments to charge the Customer with an additional fee of PLN 10,000.
3. The Customer declares that they have been informed about the provision of Article 38 item 12 of the Act of 30 May 2014 on Consumer Rights, according to which in the case of contracts for the provision of accommodation services other than for residential purposes, the consumer shall not be entitled to withdraw from a distance contract, as stipulated by Article 27 of the Act.
4. Comfy Apartments is the data controller of the personal data belonging to the Customer or the Customer's representative. The Customer's personal data shall be processed, among others, for the performance of the Agreement. More information on the principles of data processing, including its purposes and one's rights, is available in the privacy policy at https://comfyapartments.pl
5. Any disputes between Comfy Apartments and the Customer shall be considered in accordance with the provisions of Polish law by the court competent for the city of Gdynia.
