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TERMS AND CONDITIONS OF SERVICE
dated 1 April 2011
I. DEFINITIONS
The below expressions and terms used in the Terms and Conditions of Service shall mean:
System Apartament24.eu – collective term for domain names (pages) of the Service Provider intended for the conclusion of contracts with Clients, in particular: www.apartament24.eu, www.apartament24.com.pl, www.millenniumtravel.pl, www.summerapartments.eu, www.bulgaria24.ro, www.bulgaria-online.hu, www.bulharsko-online.cz, www.bulharsko-online.sk, www.iberiada.pl, www.iberiada.com, www.turcja24.eu;
Order – offer of using Service provided by the Organizer, placed by the Client through filling in and sending by e-mail order forms specifically intended for that purpose available in System Apartament24.eu. An order amounts to an offer within the meaning of Article 66 of the Civil Code;
Booking – Order accepted and confirmed by the Organizer by e-mail;
Client – person intending to conclude or who has concluded a Contract for Services provided by the Organizer for his benefit or for the benefit of another person, and conclusion of this Contract is not the object of his business activity. The Client is responsible to the Organizer for covering any costs incurred as a result of concluding a Contract, subject to the cases referred to in Chapter VIII, para. 10;
Organizer - Millennium Travel International Spółka z ograniczoną odpowiedzialnością with its registered office in Poland, 59-220 Legnica, at ul. Jaworzyńska 14/5, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register under number KRS 0000376467, REGON: 021425447, NIP: 691-247-81-83, with initial capital paid in full, amounting to PLN 50,000.00, holding the number of entry into the Register of Tourism Organizers of Lower Silesia: 452;
Voucher – document submitted to the Client by e-mail, giving proof of purchase of Service. Showing a printed Voucher at the place of Service provision is a precondition for using the Service;
Services – Apartment rental services provided by the Organizer, and also other tourist services for the benefit of the Clients.
II. CONTRACT
1. The contract shall be concluded by way of offer and acceptance.
2. The Client shall make an offer by placing an Order.
3. The Organiser shall accept the Client's offer by making an immediate booking. Concurrently the Organiser shall send an e-mail informing about the amount, due date and bank account number for Initial Payment to be made and information including the content of the accepted offer (hereinafter referred to as: Confirmation of Contract Conditions).
4. Initial Payment shall be an advance payment and shall be applied towards the price.
5. In the case of failure to comply with the time-limit for paying the Initial Payment, a Contract shall not be concluded, unless the Organiser confirms its conclusion immediately after receiving a delayed payment made by the Client.
6. The Parties shall consider the moment of timely payment of the Initial Payment by the Client to be the moment of conclusion of a Contract and in the case of delayed payment the moment when conclusion of a Contract is confirmed by the Organiser.
7. When concluding a Contract and also after its conclusion the Client shall be entitled to purchase Additional Services connected with rental of an Apartment, within the period and under the conditions offered by the Organiser.
8. The place of the conclusion of the Contract with the Client shall be the registered office of the Organiser.
9. Pursuant to Article 25, para. 1 of the Private International Law (Dz. U. [Journal of Laws] dated 17 November 1965) the Parties shall submit their relations resulting from a Contract being concluded to Polish law.
10. The place of performance of the contractual obligation shall be the registered office of the Organiser.
11. In case of divergence between the provisions of the Terms and Conditions of Service and Contract, the provisions of the Contract shall be binding.
III. ORDER
1. An order shall be placed through filling in and sending by e-mail order forms available in System Apartament24.
2. The Client shall be obliged to fill in the Order forms correctly. The Organiser shall not be responsible for consequences resulting from an Order form incorrectly filled in by the Client.
IV. PRICES INCLUDED IN THE SYSTEM
1. The prices in System Apartament24.eu are for rental of the whole Apartment per night. The prices shall include all taxes and charges.
2. The price of Service shall be given through indicating the manner of its calculation and the final price shall be presented to the Client in the Confirmation of Contract Conditions. The price of Service may only be changed when the Client purchases Additional Services.
3. The components of the Price of Service expressed in EUR shall be rounded up to EUR 5.
4. The total cost of Service expressed in the national currency and provided in Order forms and the Organiser's offers shall be of an informative and approximate nature due to spreading the payment for Service over time and including changes pertaining to the buying power of money, and also the principle expressed in the preceding paragraph.
5. The amount of advance payments and Total Cost of Service shall be given to the Client in Orders forms in the national currency. Later changes of exchange rates shall not have an influence on the amount of advance payments.
6. The nominal change of value of the Price expressed in the national currency on the date of Order, connected with exchange rate difference between the date of Order and the date of partial payment of the price for Service expressed in EUR shall not constitute a change of the price.
7. The Client shall incur the risk connected with an exchange rate change.
V. BOOKING
1. In order to make a booking the Client shall send an Order by e-mail.
2. The Organiser shall be obliged, without undue delay, or within the time-limit specified in an Order form, to inform the Client in any form whether a given Apartment is available during the selected period.
3. After confirming the availability of the Apartment, after filling in and sending all the required Order forms by the Client, the Organiser shall send a Confirmation of Contract Conditions by e-mail and a request for Initial Payment, indicating the time-limit and applicable bank account number.
4. Information about the manner of calculation of Initial Payment and its nominal amount shall be given in Order forms and finally indicated in the Confirmation of Contract Conditions.
5. Initial Payment shall be increased by a value of Additional Services purchased by the Client when concluding the Contract.
6. When the account indicated by the Organiser is credited with the Initial Payment, the Organiser shall send the Client a booking confirmation e-mail.
7. Within a period of 60 days before the Apartment rental commencement date, the Client shall be obliged to pay into the account referred to in para. 3 a Reservation Fee as an advance payment which shall be applied towards the price in the amount specified in the Contract. Failure to pay the full amount and within the specified time-limit shall mean the Client's resignation from the booking made and withdrawal from the Contract.
8. The Organiser shall send the Client an e-mail with an appropriate notification when the deadline for making the Reservation Fee is approaching, not later than within 14 days before the due date.
9. Lack of information as referred to above shall not release the Client from the duty to pay the Reservation Fee and shall not have an influence on the negative consequences of his failure to pay it.
10. Payments for Additional Services not purchased at the time of conclusion of the Contract shall be made within the time limit and under the conditions indicated by the Organiser.
11. If the period from making the booking to the Apartment rental commencement date is shorter than 60 days, the Initial Payment shall be increased by the Amount of Reservation Fee, notification of which shall be made by the Organiser in a request for Initial Payment.
VI. VOUCHER
1. Upon receiving timely payment of the full amount of the reservation Fee, the Organiser shall e-mail the Client a Voucher enabling him to use the Booking made.
2. The Client shall be obliged to make sure he has been effectively sent a Voucher by e-mail within 2 working days from the date of crediting the Owner's account with the Reservation Fee. The Client shall be obliged to inform the Organiser immediately if he has not received a Voucher in order to be sent a duplicate.
3. It is incumbent on the Client to make sure immediately that the content of the Voucher corresponds to the content of the Contract and information included therein is true. The Organiser shall not be responsible for the consequences of the Client's failure to perform this duty.
4. The Organiser shall not ensure that a Voucher will be effectively delivered in the case of the Client's faulty mailbox. After two failed attempts to send a Voucher, it will be sent, upon consultation with the Client, by registered mail or courier, at the Client's cost.
5. The Organiser undertakes to provide the Client, no later than within 48 hours before the Apartment rental commencement date, with information regarding telephone number of the Organiser's Representative to whom the Client may refer where there are difficulties.
VII. PAYMENT OF THE REMAINDER OF THE PRICE AND DEPOSIT
1. The Client shall pay the remainder of the price in cash in a currency indicated in the Contract after arrival at the place in which there is an Apartment booked, upon receipt of the keys.
2. The Client may make payment of the amount referred to in para. 1 above in a different form only with the prior explicit consent of the Organiser.
3. The Client undertakes to pay the amount referred to in para. 1 above directly to the Organiser's Representative or other person indicated by the Organiser. The Client shall receive a receipt to confirm the payment referred to in para. 1.
4. At the time of making payment referred to in para. 1 the Client shall be obliged to give the Organiser's Representative Security Deposit in cash, in the amount and currency specified in the Contract.
5. The aim of the Security Deposit is to secure claims resulting from the Client's behaviour while using the Apartment, as a result of his fault or gross negligence, which causes damage to the Company's or Owner's property. Damage to property is in particular understood as destruction or reduced suitability of the Apartment, its equipment and facilities, or the centre in which the Apartment is situated.
6. Damage referred to in the preceding paragraph shall be covered by deducting its amount from the Security Deposit.
7. The Organiser's Representative shall ascertain and assess the value of damage, and shall also determine the Client's fault based on the circumstances as a whole.
8. If no damage is found by the Organiser's Representative on the check-out date, the Client shall be refunded the full amount of the Security Deposit in a currency in which it has been paid.
VIII. AMENDEMNT TO OR WITHDRAWAL FROM CONTRACT
1. The Client shall be entitled to, with a letter sent by e-mail or post, withdraw from the Contract up to 30 days before the date of the commencement of the Service.
2. In the case referred to in para. 1 the Organiser shall keep the amounts paid by the Client with regard to the Initial Payment, Reservation Fee and amounts paid with regard to Additional Services. The above amounts shall be considered as compensation for loss of the Contract.
3. If the time limit referred to in Chapter V, para. 7 hereof has not come, the Introductory Fee and amounts paid with regard to Additional Services shall be the amount of compensation for loss of the Contract.
4. It is considered that the Client has withdrawn from the Contract if he has failed to make payment of the Booking Fee in full and in a timely manner. In such case the Introductory Fee shall be compensation for loss of the Contract.
5. Once the time-limit referred to in para. 1 has expired, the Client shall be obliged to pay the full price for the Service regardless of whether he will in fact use the Service, apart from exceptions specified in para. 6 and 7.
6. The Organiser shall not exclude the possibility of the Client's withdrawal, through negotiation with the Organiser, after the expiry of the time-limit referred to in para. 1. In such case this right shall be conditional upon the Organiser's consent and fulfilment of his conditions.
7. Irrespective of the time-limits referred to in the preceding paragraphs, before the Apartment rental commencement date, the Client shall be entitled to withdraw from the Contract if the Organiser effectively informs him that he is forced to, for reasons beyond his control, change essential terms of the Contract. In such case the Client shall inform immediately, not later than within 48 hours, the Organiser whether he accepts a proposed amendment or withdraws from the Contract. In the absence of information about withdrawal from the Contract within the time-limit indicated above, it is considered that the Client has accepted the proposed amendment.
8. In the case of the Client's withdrawal from the Contract under the conditions indicated above, the Organiser shall refund the Client all payments made by the Client to a bank account indicated by him within 5 working days, which exhausts all the Client's claims against the Organiser. The date of debiting the Organiser's bank account shall be considered the date of payment.
9. The Client may, without the Organiser's consent, transfer all his rights resulting from the Contract upon another person if this person simultaneously assumes all the obligations resulting from the Contract. The Client shall be obliged to inform the Organiser about the transfer immediately, not later than within 24 hours.
10. The Client and transferee shall be jointly and severally liable for any unpaid part of the Price after the transfer referred to above and costs incurred by the Organiser as a result of such transfer.
11. With the transfer of rights and duties, the transferee, without additional formalities, shall become the Client with regard to the Organiser within the meaning of the Terms and Conditions of Service and shall be bound by any obligations and declarations made by the predecessor.
IX. THE ORGANISER'S RESPONSIBILITY
1. If the provision of the Service becomes impossible before its commencement as a result of circumstances neither Party is responsible for, the Organiser shall refund all payments made by the Client, which exhausts all the Client's claims regarding failure to provide service.
2. If at his arrival at the Apartment the Client finds, in the presence of the Organiser's Representative, that the Apartment has not been cleaned or there are no clean towels or bedlinen, the Organiser undertakes to remedy the defects within 24 hours and pay a compensation amounting to EUR 25.00.
3. The Organiser shall be responsible for failure to perform or improper performance of the Contract unless the failure to perform or improper performance is caused by:
a) act or omission of the Client;
b) act or omission of third parties not participating in the provision of services provided for in the Contract if these acts or omissions could not have been foreseen or avoided; or
c) force majeure.
4. Despite the exclusion of responsibility referred to above, the Organiser undertakes to, if possible and not connected with excessive costs, provide assistance to the wronged Client while providing the Service.
5. In the event that it is completely impossible to carry out the Service, the Operator undertakes to, without charging additional costs to the Client, provide replacement performance as similar as possible in nature to the original Service.
6. When the replacement performance is of a lower value, the difference shall be paid to the Client once the Service has been carried out.
7. In the event it is impossible to provide replacement performance referred to in para. 5, the Client may seek compensation for damage unless it is impossible to provide replacement performance due to:
a) act or omission of the Client;
b) act or omission of third parties not participating in the provision of services provided for in the Contract if these acts or omissions could not have been foreseen or avoided; or
c) force majeure.
8. In the event of failure to provide or improper provision of the Service during its term, the Organiser shall be liable up to double the Service Price in respect of the Client.
9. Force majeure shall be understood as such an event or factual circumstances beyond the control of the Organiser, which he could not predict or prevent, in particular: explosions, flooding, fire, strike, war or danger of war, martial law, natural disasters, ecological catastrophes, sabotage, epidemics, breakdowns comprising a wider number of entities, or other extraordinary situations impeding or to a large extent hindering the provision of the Service under the Contract.
10. The following circumstances occurring during the provision of Service within the Apartment or the centre in which it is situated shall not be considered to be failure to perform improper performance of the Contract: inconvenience and unpleasantness resulting from such circumstances as maintenance or repair of heating facilities, malfunctioning air-conditioning, construction works related to repair, maintenance and development of the property, temporary shutdown of leisure appliances for the purpose of repair or maintenance, temporary water shortage or power cut caused by damage to transmission systems, etc.
X. COMPLAINTS
1. Any remarks concerning defects in the performance of the Contract shall be notified during the performance of the Contract to the Organiser's Representative, who shall be obliged to, as far as possible, remove them on the spot.
2. The notification shall be made in writing. The Organiser's Representative shall make a copy for his records and return the original to the Client with the endorsement on receipt of the notification. The Organiser's Representative acting at the place of the Service shall not be authorized to allow claims.
3. Failure to notify defects in the performance of the Contract in the manner specified above or immediate removal of these defects by the Organiser's Representative shall result in nullifying the opportunity to invoke them under a complaint procedure.
4. The Client may complain to the Organiser indicating defects in the performance of the Contract and determining his claim, within at most 30 days from the end of performance of the Contract.
5. The complaint referred to above shall be sent by e-mail or post to the address of the Organiser along with a copy of the notification referred to in para. 2.
6. The Organiser shall endevaour to consider every complaint not later than within 30 days from the date of its receipt.
7. In the case of refusal to consider the complaint, the Organiser undertakes to explain in detail the reasons for the refusal in writing.
XI. INSURANCE
1. In accordance with the requirements laid down by the Act dated 29 August 1997 on Tourist Services, Millennium Travel International Sp. z o.o. holds an insurance guarantee issued by AXA Towarzystwo Ubezpieczeń i Reasekuracji S.A. seated in Poland, Warszawa, at. ul. Chłodna 51 (hereinafter referred to as AXA). The Marshal of Dolnośląskie Province seated in Wrocław, Wybrzeże Juliusza Słowackiego 12-14, shall be the beneficiary of this financial security.
2. Under General Contract No. 20062 dated 23 February 2011 concluded between Millennium Travel International Sp. z o.o. and AXA, during the term of the Service every Participant shall be insured under medical expenses (KL) and personal accident insurance (NNW) AXA Travel Kontynenty, which includes: KL with assistance up to EUR 25, 000.00, NNW up to EUR 3,000.00. The insurance included in the price shall not cover chronic diseases. Every Participant shall be entitled and obliged to familiarize himself with the detailed conditions of the insurance coverage.
3. Every Participant shall give consent to medical professionals treating the Client in Poland and abroad being released from the professional secrecy obligation with regard to AXA and shall give an authorization to make medical record documentation available to AXA.
4. As part of the price of the Service, the Organiser shall not provide for luggage insurance. It is advisable to keep money, jewellery and other valuable items in a hotel safe.
XII. CLIENT'S DATA
1. The Organiser is a data controller within the meaning of the Data Protection Act dated 29 August 2000r. (Dz. U. 133/1997, item 833 as amended).
2. The Client shall give consent for his personal data to be processed, updated, made available and stored.
3. The Client's consent as referred to in para.2 above shall also include processing in the future if the purpose of data processing does not change.
4. Personal data provided by the Client shall be processed, updated, made available and stored for the purposes defined in accordance with the ordinary legislation, and in particular for the purpose of: settling and completing Service, direct marketing of the Organizer's Services, asserting claims with regard to the Organiser's business activity, etc.
5. The Client shall always be entitled to control the processing of his personal data and demand that they be changed or removed. The Client shall be exclusively responsible for the consequences of changes made.
XIII. FINAL PROVISIONS
1. These Terms and Condition of Service constitute an integral part of the concluded Contract.
2. Possible disputes that could arise from this Contract concerning its existence, execution, termination or annulment and compensation due to failure to perform or improper performance shall be first settled by the Parties by negotiations.
3. If no agreement can be reached in the manner referred to in the preceding paragraph, the Parties agree that a dispute shall be subject to settlement by the court having territorial jurisdiction over a given matter.
4. The conditions of conclusion of Service Contract and its execution have been created in accordance with Polish law. The legal grounds and consequences resulting from the provisions of these Terms and Conditions of Service and concluded Contract result from:
1) The Act dated 23 April 1964 (Dz. U. 1964, No. 16, item 93 as amended) The Civil Code;
2) The Act dated 17 November 1964 r. (Dz.U. 1964, No. 43, item 296 as amended) The Code of Civil Procedure;
3) The Act dated 29 August 1997r. (Dz.U. 2004, No. 223, item 2268 as amended) on Tourist Services;
4) The Act dated 12 November 1965 r. (Dz. U. 1965, No. 46, item 290 as amended) The Private International Law;
5) The Data Protection Act dated 29 August 1997 r. (Dz. U. 1997, No. 133, item 833 as amended).
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