Terms and conditions of the website www.2homerent.pl

Statute

Website Terms and Conditions

2homerent.pl

Definitions

For the purposes of these regulations, the following terms shall have the following meanings:

1. Terms and Conditions of Service  – this document;
2. Service – the website located at 2homerent.pl, through which the Website Administrator provides services electronically, in accordance with the provisions of the Website Regulations;
3. Service Administrator - "2Homerent" a limited liability company with its registered office in Bydgoszcz, address: ul. Ołowiana 10, 85-461 Bydgoszcz, entered into the Register of Entrepreneurs of the National Court Register, registry court - District Court in Bydgoszcz, KRS: 0000781700, NIP: 9671426966, REGON: 383088802, share capital: PLN 10,000.00 (paid in full) or persons authorized by it;
4. User - a natural person (including a Consumer), a legal person or an organizational unit without legal personality but with the capacity to perform legal acts, who uses the Website under the terms and conditions specified in the Terms and Conditions of the Website;
5. Guest - The User who made a Reservation at the Facility;
6. Consumer – a natural person concluding a legal act with an entrepreneur that is not directly related to his or her business or professional activity and, for the purposes of the Website Regulations, a natural person concluding an agreement directly related to his or her business activity, when it results from the content of this agreement that it is not of a professional nature for him or her, resulting in particular from the subject of the business activity he or she performs, made available under the provisions on the Central Register and Information on Business Activity;
7. Object – the property described on the Website where you can book accommodation (both the building and its part, such as an apartment or a room);
8. Landlord – the person providing the Property for rent;
9. Reservation – a request from the User addressed to the Administrator of the Service via the Service to perform the service of reserving an Object selected by the User on the dates indicated by the User, resulting in the obligation to pay fees in accordance with the prices applicable at a given Object; reservations made via the AirBnB.com and Booking.com services are not considered Reservations;
10. Policy - Privacy and Cookies Policy available at https://2homerent.pl/regulamin#cookies;
11. Rules of stay – Regulations of stay in the Facility constituting an annex to the Regulations of the Service available at https://2homerent.pl/regulamin;
12. Conditions of stay – conditions specified in the Description of the facility such as, in particular, the maximum number of people staying overnight in the facility, the ban on pets, and the ban on smoking;
13. Variable fee – the basic amount of the fee for accommodation, for the entire stay at the Facility, determined after the User provides the dates of stay. The variable fee does not include Fixed Fees and Optional Fees;
14. Fixed fees - fees not included in the variable fee, which the Guest is obliged to pay, such as the resort fee, cleaning fee, fee for providing an extra bed, calculated when making the Reservation in accordance with the price list presented to the User when making the Reservation;
15. Optional fees - additional fees for optional services available at the facility, which the Guest may, but does not have to, use, such as, among others, mini bar, pay TV, SPA zone, unless it is expressly stated in the Description of the facility that they are included in the price and if they were not paid as additional options selected when making the Reservation in accordance with the price list presented when booking the facility;
16. Description of the Object – The Description of the Property consists of all information about the Property posted on the Website, including the conditions for cancelling the Reservation, the minimum length of stay, a description of the conditions in the property and its equipment, location, and the amount of the prepayment.

• 2.  

General provisions

1. These Terms of Service have been introduced by the Website Administrator in order to meet the requirements specified in the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344) and constitute an Agreement on the provision of services by electronic means concluded between the Website Administrator and the User.
2. The owner of the Website is the Website Administrator.
3. Through the Website, the Website Administrator provides online accommodation reservation services in accordance with the presented Property Descriptions.
4. The subject of the Regulations are the conditions under which the User may use the Service and make Reservations.
5. The Website Administrator is responsible for publishing the proposals for Properties together with the Description of Properties, location and photos, as well as for making changes and updates therein, based on the information in his possession, including information obtained from Lessors.
6. The Service Administrator provides the Service for use and mediates in concluding lease agreements for Properties by making Reservations. The Administrator is not a party to agreements concluded between Guests and Tenants. An exception is the lease of a Property owned by the Service Administrator.
7. The Service Administrator reserves the right to temporarily discontinue or limit the provision of services by electronic means due to maintenance, service or modification activities of the Service. The Service Administrator will inform Users about the planned work referred to in the previous sentence and the estimated time during which the use of services by electronic means will be impossible or limited, at least 3 days in advance. Such information will be sent to the e-mail address provided by the User or posted directly on the Service.

• 3.

Making a Reservation

1. Reservations may only be made by Users with full legal capacity and legal persons or organizational units without legal personality to which the law grants legal capacity.
2. The User may book accommodation in the Facility via the Website or the websites of external service providers to which a link from the Website directs, and the Website Administrator is not responsible for the content posted on external websites or their incorrect operation.
3. In order to make a Reservation via the Website, you must have:
   1. active electronic mail (e-mail) account;
   2. a computer, tablet or smartphone with Internet access and a current version of a correctly configured web browser, such as Firefox, Google Chrome, Microsoft Edge or Opera.
4. A necessary condition for making a successful Reservation is the acceptance of the Terms and Conditions of the Service, the Policy and the Terms and Conditions of Stay and completing the Reservation form, including providing at least the following data:
   1. name,
   2. names,
   3. telephone number,
   4. e-mail address,
   5. planned start and end date of stay,
   6. arrival times.
5. After making a Reservation, a confirmation message will be sent to the email address provided in the Reservation form. The confirmation email should be kept until the end of the stay. If the Guest provides a phone number, they will also receive an SMS message confirming the Reservation.
6. If you do not receive an e-mail confirming your Reservation within one hour of making the reservation, please contact the Website Administrator immediately.
7. After receiving the confirmation email for the Reservation, you should immediately check the correctness of the data contained therein. If the data is found to be consistent with the information provided when making the Reservation, you should immediately contact the Service Administrator.
8. The Guest is responsible for securing the received e-mail with the information provided when making the Reservation and should prevent the possibility of disclosing the content of this message to third parties and its loss.
9. By making a Reservation (i.e. by completing the Reservation form and clicking the "Reserve" button), the User concludes an agreement on the terms specified in the Terms and Conditions of the Service and undertakes to pay for the Reservation in accordance with § 6 of the Terms and Conditions of the Service.
10. The ability to make a Reservation may be subject to a minimum stay. The minimum stay is specified in the Property Description.
11. The reservation will not be made if the Facility is already booked on the date indicated by the User. Information about available dates can be checked in the calendar of the given Facility.
12. Reservations can be made 24 hours a day, 7 days a week, all year round, excluding technical breaks.
13. The reservation is effective until the prepayment is made. When the full payment is required to make the Reservation of the Property, the reservation is effective until the full payment is made. If the Reservation is not required to make the prepayment or full payment, the Reservation is effective until the Reservation form is filled in and sent via the Website.

• 4.

Creating User Accounts

1. Within the Service it is possible to create User accounts, which consist of Guest accounts and Landlord accounts, also referred to as Owner accounts.
2. Landlord Accounts (owner accounts) are set up by the Service Administrator based on a separate agreement. This agreement specifies the method of using these accounts and the functionalities available within them.
3. Guest Accounts are created by the Website Administrator at the request of the User submitted by e-mail or when making a Reservation, if the Guest consents to this by checking the appropriate checkbox.
4. To make a reservation it is not necessary to create an account on the Website.
5. Within the Guest account it is possible to view the discounts received and use them for subsequent Reservations.
6. The Guest Account is set up and maintained free of charge.
7. The Website Administrator reserves the right to delete a Guest's account immediately if it is found that the account is being used contrary to its intended purpose, in particular in a way that threatens the security of the Website.
8. Accounts may only be created for persons with full legal capacity.
9. Users are required to maintain the confidentiality of logins and passwords to their accounts. All actions performed through accounts are considered actions of the User to whom the account is assigned. The Service Administrator is not liable for damages resulting from the disclosure of logins and passwords to third parties.
10. The User is responsible for the appropriate length and complexity of the password. The Service Administrator is not responsible for damages resulting from the use of a password that is too short or too uncomplicated. Passwords that are sufficiently complex are those consisting of at least 8 characters, including letters, numbers and special characters, that are not dictionary entries, event dates, names and surnames, or keyboard character sequences (e.g. qwerty123).
11. Accounts are non-transferable.
12. The User may make a request to the Service Administrator to delete the account. The request to delete the account should be submitted to the Service Administrator via email.

• 5.

Change of Reservation

1. The person making the Reservation is the person authorized to use it.
2. The right to use the Reservation may be transferred to another person.
3. Up to 30 days prior to the start of your stay, you can change the date of your stay free of charge.

• 6.

Payments

1. The fees listed on the Website are per day and may change depending on the date and length of stay. The total fee for the stay is calculated by adding the Variable Fee and the Fixed Fees.
2. Once a Reservation has been made, the Fixed Fees and Variable Fees will not change within that Reservation.
3. The Service Administrator is not responsible for the amount of Optional Fees. Optional Fees may change at any time, but no later than when the Guest uses the services that result in the charging of Optional Fees.
4. All Fixed Fees and Variable Fees that the User undertakes to pay when making a Reservation will be presented to the User before making the Reservation. This does not apply to Optional Fees.
5. The amounts given on the Website are gross amounts (i.e. they include VAT).
6. The user can select the currency in which they will make the payment according to the options available in the drop-down list available in the upper right corner of the browser.
7. In case of booking more than 30 days before the start of the stay, it is necessary to make a prepayment of 30% of the full amount for the stay. No later than 30 days before the start of the stay, it is necessary to pay the remaining amount. Reservations made less than 30 days before the start of the stay require payment of the full amount for the stay.
8. If the full prepayment amount or the full fee is not paid within 48 hours of making the Reservation, the Reservation will be cancelled and the partial prepayment amount already paid will be refunded to the Booker within 14 days.
9. The moment of payment of fees or prepayments is considered to be the moment of crediting the account of the Service Administrator.
10. The Service Administrator does not charge any additional fees for his own benefit from the Guest. The fee for the Service Administrator for handling the reservation is covered by the Lessor.
11. Invoices for your stay will be delivered electronically to the address provided in the Reservation form. If you wish to receive a paper invoice, please send an appropriate request by email to the Service Administrator, providing the address to which the invoice should be sent.
12. Variable and fixed fees can only be paid via the Service. The Service Administrator declares that it does not provide payment services to Users. Payment services within the Reservation are handled by an entity authorized to do so under the Act of 19 August 2011 on payment services.
13.  Through the przelewy24.pl service, the user can make a payment for the reservation made on the website.

• 7.

Cancellation and change of reservation

1. You can cancel your reservation by contacting the Website Administrator via email.
2. The moment of cancellation of the Reservation is considered to be the moment when the message about the cancellation of the reservation reached the Website Administrator in a way that allows for its content to be read (i.e. the moment when it was registered in the Website Administrator's e-mail service).
3. The Guest does not have the right to withdraw in accordance with the provisions of Article 38, point 12 of the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2020, item 287, as amended).
4. If you cancel your Reservation before 30 days from the start of your stay, the amount paid will be refunded in the form of a voucher that can be used for Reservations made at the same Property via the Website within a year from the date of cancellation of the Reservation. If you cancel your reservation after this time, the prepayment is non-refundable.

• 8.

Obligations and responsibilities of the Website Administrator

1. The Website Administrator ensures the operation of the Website 24 hours a day, 7 days a week, all year round, excluding technical breaks.
2. The Website Administrator ensures that the existence of the Object in the location indicated on the Website has been verified by him.
3. The Website Administrator is responsible for the compliance and updating of the content posted on the Website with the information received from the Lessor.
4. The Service Administrator is not responsible for the actions of the Owners or their omissions or for the discrepancy between the Description of the Property and the actual state resulting from incorrect, untrue or incomplete information provided by the Lessor. The Lessor will assume responsibility in this respect.
5. Opinions visible on the Service come from external services and do not constitute the opinion of the Service Administrator. The Service Administrator is not responsible for their content.
6. The Service Administrator shall not be liable for improper operation of the Service or improper handling of Reservations resulting from force majeure, understood as events beyond the control of the Service Administrator, resulting from external factors that are impossible to predict and prevent while maintaining the principles of due diligence, such as natural disasters, epidemics and pandemics, wars, strikes. This provision does not apply to Consumers.
7. The Website Administrator provides online accommodation booking services and is not responsible for the failure to perform or improper performance of agreements concluded between the Guest and the Lessor to which it is not a party, i.e. for the actions or omissions of the Lessor not directly related to the making of the Reservation itself, but only to the stay, such as e.g. lack of towels, lack of utilities.
8. If the User becomes convinced that the content posted on the Website violates his or her rights, including in particular copyright or related rights or personal rights, he or she shall inform the Website Administrator about this in order to amicably resolve any potential dispute.
9. The Website Administrator is not responsible for any arrangements made between the User and the Lessor without the participation of the Website Administrator.

• 9.

Complaints

1. Any complaints regarding the operation of the Website, the Reservation made, including the conditions in the Facility and the services provided as part of the Reservation made may be directed to the Website Administrator.
2. The Website Administrator will consider the complaint within 14 days.
3. Responses to complaints will be sent to the address provided in the Registration form or to the address from which the complaint was sent.

• 10.

Contact

1. You can contact the Lessor directly at the addresses and telephone numbers provided in the Property Description or through the Website Administrator.
2. Contact with the Website Administrator in matters relating to Properties or Reservations, including in particular the cancellation of a reservation, is possible by e-mail to the following address: kontakt@2homerent.pl or rezerwacja@2homerent.pl.
3. Whenever the Terms and Conditions of the Website refer to contact with the Website Administrator, this is understood to mean contact made in accordance with paragraph 2.

• 11.

Intellectual property rights

1. The Service Administrator informs that the Service contains materials protected by law, such as: photos, recordings, plans, graphics, logos, descriptions, adopted layout and color selection, which are subject to protection by intellectual property rights. Using them without the consent of the Service Administrator is prohibited, unless the Service Regulations provide otherwise. In particular, these materials may constitute works within the meaning of the provisions of the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2018, item 1191, as amended) and therefore be subject to legal protection resulting from these provisions.
2. The User is entitled to use the Website and the content and materials posted therein in a manner consistent with their intended use within the framework of permitted personal use or within the framework of the User's business activity to the extent necessary to make and use the Reservation.
3. It is prohibited to use the content posted on the Service for commercial purposes. Making a Reservation for a business trip is not considered a commercial purpose.
4. It is prohibited to distribute content posted on the Website without clearly, legibly and understandably for the potential recipient indicating the source of such information, i.e. the Website.
5. It is prohibited to use the content posted on the Website in a manner or context that infringes the personal rights of third parties, in particular by creating, as a result of their modification, offensive content that incites violence, in a manner or context that encourages the commission of prohibited acts or in any other manner that is contrary to the law or good customs.
6. The content of the Regulations may be recorded by the User at any time by printing it out or saving it on a data carrier.

• 12.

Final provisions

1. The Service Administrator reserves the right to make changes to the content of the Service Regulations or the Policy. The changed content of the Service Regulations or the Policy is effective after 7 days from the date of its publication on the Service. The use of the Service by the User after this date is tantamount to acceptance of the new content of the Service Regulations or the Policy. Persons with an account on the Service will be informed of changes to the Service Regulations or the Policy immediately after the changes are published on the Service.
2. If the User does not agree to the new content of the Terms of Service or the Policy, and has an account on the Website, he or she should immediately submit a request to delete the account to the Website Administrator.
3. The consumer has the possibility of using out-of-court methods of resolving disputes, including, among others, using consumer arbitration courts operating at the Voivodeship Inspectorates of the Trade Inspection. Detailed information regarding the procedure and method of resolving disputes in the form referred to in the previous sentence can be found on the website https://www.uokik.gov.pl/wazne_adresy.php#faq596.
4. In order to use the out-of-court resolution of consumer disputes, the User who is a Consumer also has the possibility to use the EU ODR online platform, available at the following internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage If the User wishes to use the ODR platform, when submitting a complaint via it, the User should provide the following e-mail address of the Website Administrator: kontakt@2homerent.pl.
5. The provisions referred to in paragraphs 3 and 4 apply only to persons who have the status of a consumer within the meaning of Polish law, not to persons who are individual entrepreneurs.
6. The Annex to the Regulations constitutes an integral part thereof.
7. In matters not regulated by this Agreement, the provisions of Polish law shall apply.
8. In case of doubt, the content of the contract in Polish shall be binding.