Terms and conditions

Terms and conditions of the Pobyty.pl service

Pobyty.pl - Pobyty.pl sp. z o.o. with the registered seat in Warsaw at 4 Galczyńskiego Street, 00-362 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register under the KRS number 0000401029, with the NIP number 5213621220, and REGON number 145866945. and with the share capital of 5000 PLN;

Client - a natural or legal person of full legal age who, using the functionality of the Portal, makes a reservation for a holiday or tourist stay in one of the Premises located in the Facilities or Locations,

Premises - residential or non-residential premises, single room or a separate collection of rooms available for rent from the Website Partner, which the Client indicates by defining its essential features, such as price, availability period, number of people, location of the City, indication of the Facility

Premises - residential buildings, apart-hotels, hotels, holiday homes or boarding houses presented on the Portal, in which the Premises located in Locality are located,

Localities - locations presented in the Portal (in particular towns or villages) in which individual Premises are located or Facilities (residential buildings, apart-hotels, hotels or guest houses) in which Premises are located,

Portal Partner - an entity (natural or legal person) being the owner of the Premises or Facilities or authorised on other grounds to let the Premises or the whole or part of the Facilities on other legal grounds, which as a result of the booking established by the Customer concludes the lease agreement with the Customer for the Premises on the date specified in the booking.

§1 General provisions

These rules of use of the Pobyty.pl portal (‘Rules’) define the rules of use of the web portal, which is a collection of functionally and organisationally related webpages or subpages available at www.pobyty.pl (‘Portal’).
The entity managing the Portal and the owner of copyrights to the Portal is Pobyty.pl.
The Portal presents offers of individual accommodation services in individual Premises located in the places indicated in the Portal or in the Facilities located in these places (hereinafter referred to as the ‘Offer’ or ‘Offer’ respectively) provided by the Partners of the Portal.
Pobyty.pl is only an intermediary of the Partners of the Portal. Pobyty.pl does not promote any of the Partners of the Portal or their Offers.
The Portal is intended for natural persons of full legal age or legal entities.
The Portal enables the Customers to review the Offers, as well as to make a reservation of a selected type of Offer (‘Reservation’) and then to conclude a contract of lease of a selected type of Premises being the subject of a given Offer (‘Contract of lease of Premises’) with the Partner of the Portal.
Pobyty.pl does not charge the Customer for either the Booking or the concluded Premises Rental Agreement, unless otherwise expressly stated in the Offer selected by the Customer.
The detailed principles of providing services offered by the Portal Partners may be regulated in the regulations of the Portal Partners available on the websites operated by the Portal Partners personally or on commission.
Before making a Reservation, the Client undertakes to familiarise himself/herself with the content of the Regulations. Making a Booking constitutes the Customer's declaration of acceptance of the Regulations and results in the implicit conclusion of an agreement between the Customer and Pobyty.pl for the use of the Portal, which entitles the Customer to use the functionalities offered by the Portal in accordance with the Regulations.
The Terms and Conditions are not the same as, nor do they replace, the Premises Rental Agreement concluded between the Client and the Portal Partner.
Pobyty.pl is not responsible for information provided by Portal Partners.

§2 Functionality of the Portal

The main task of the Portal is to make the Offers of the Portal Partners available and to enable the Customers to make Reservations for the accommodation services described in the Offers and to conclude Agreements for the lease of the Premises (‘Portal Functionality’).
The Customer may make a reservation

online, i.e. using the ICT system which is part of the Portal: via the website www.pobyty.pl,
e-mail to: rezerwacja@pobyty.pl, or
by telephone at +48 22 450 26 50

In order to make an online booking, the Customer should use a web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox or Opera.
Pobyty.pl acts as an intermediary of the Portal's Partner and only the Portal's Partner is responsible for the performance of the Service included in the Offer and subsequently concluded Premises Rental Agreement. Detailed terms and conditions of the Premises Rental Agreement are set out in the relevant regulations of the Portal Partner.
Pobyty.pl reserves the right to change the Portal's Functionality, both limiting it and extending the Portal with new functions and conveniences for the Customers at any time. In the case of any change in the Portal's functionality, these Terms and Conditions will be amended.

§3 Newsletter

1 Pobyty.pl reserves the right to implement the service of digital content delivery, within the meaning of the Act on Consumer Rights, which will include commercial information regarding the current activities of Pobyty.pl and the Portal itself (‘Newsletter’).

(2) In the case described in paragraph 1, the Terms and Conditions will define the rules for subscribing to and delivering the Newsletter to Customers.

§4 Offers

The Offer presents information (including photos and descriptions) created on the basis of information provided and delivered or accepted by the Website Partner.
Each Portal Partner is solely responsible for the information provided in the Offer, including its availability.
Each Offer will include the Portal Partner's current and complete details (including, but not limited to, name/company, registered office, address, tax ID number) and the relevant information required by law applicable to the Services covered by the contents of the Offer.
Each Offer shall contain information on the terms and conditions and deadlines for making changes to or cancelling Reservations. The Customer shall have the right to change or cancel a Reservation on the terms and conditions specified in the Offer, and if the Offer does not provide for the possibility of changing or cancelling a Reservation,
this information will be explicitly indicated in the Offer.
Subject to §5 ‘Reservations’ paragraph 5 of the Terms and Conditions, the Customer shall not be entitled to withdraw in whole or in part from the Service Agreement in the cases indicated in Article 38(12) of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827) (‘Consumer Rights Act’). Thus
Thus, the Offer may not provide for the possibility of its amendment or cancellation.
The Offers displayed on the Website may be ordered randomly or presented according to the size of the Facility (number of available Premises in a given Facility).
Users can search for Offers according to their criteria using the filters (City or region, Facility, features of the Facility, date, number of people, features of the Premises) available in the Portal's search engine.
If the Client does not use the aforementioned criteria, he/she can also sort the Offers according to the price and the rating of the given facility of the Offerer (after the implementation of the rating system).

§5 Reservations

In order to make a Booking, the Client activates the relevant options visible on the Portal (fills in the form) and follows the instructions given at each stage of the Booking procedure.
While filling in the form, the Customer shall provide true and complete data required to make the Reservation.
After making the Reservation, the Customer shall receive a message confirming the successful completion of the Reservation to the e-mail address provided in the content of the Reservation (‘Reservation Confirmation’), which will contain instructions on how to pay for the Reservation (indicating the amount or amounts (if payment is in instalments), how to make the payment and the date by which the payment of the required amount or amounts (if payment is in instalments) should be made so that the Reservation does not expire).
Making the payment of the first amount indicated in the Booking Confirmation in accordance with the instructions set out in the Booking Confirmation shall constitute the conclusion of an agreement with the Portal Partner who has made the Offer of the Lease Agreement for the Premises.
In the event of non-payment by the date indicated in the Booking Confirmation or making an incomplete payment, the Booking shall be cancelled and the Lease Agreement for the Premises shall expire irretrievably.
If the Offer provides for the possibility of withdrawing from the Lease Agreement for the Premises, it must be explicitly indicated in the content of the Offer and the detailed conditions of withdrawal are specified in the regulations of the given Portal Partner.
If the Portal Partner offers a discount to the Client, it may be in the form of an amount or a percentage; however, in each case the discount is granted exclusively on the Rental Value indicated on the page of a given Offer after defining its parameters (i.e. duration of stay).

§6 Payments

All payments resulting from established and paid Reservations shall be made to the other party to the Service Agreement, i.e. the Portal Partner.
Pobyty.pl may be authorised by the Portal Partner to collect from the Client, on behalf of the Portal Partner, the payment for the Stay Services booked by the Client.
Payments are made through the payment channels currently available on the Portal, including by standard bank transfer, credit card payment or through a payment service provider.
Settlement of credit card and e-transfer transactions is carried out through the e-payment service of an external electronic payment service provider.
The rules for making payments are regulated in separate terms and conditions for the respective services.
If the Client wishes to receive a VAT invoice from the Portal Partner for the purchased Accommodation Services, the Client must provide the Taxpayer Identification Number (NIP) and other data of the entity to whom the Portal Partner is supposed to issue an invoice when making a Reservation. Otherwise, it will not be possible to issue an invoice.
The Client agrees to receive invoices confirming the purchase of the Accommodation Service in electronic form, to the e-mail address provided by the Client when making the Reservation. Corrective invoices and duplicate invoices will be sent in the same way.

§7 Technical conditions

In order to make full use of the Portal, the Customer shall have:

a terminal equipment which allows the use of the Internet
a functioning e-mail account,
an activated telephone number,
access to a web browser (while among those listed in par. 2 para. 3 of the Pobyty.pl Regulations (especially recommends Microsoft Edge or Google Chrome),

A change in the requirements for technical conditions necessary for the use of the functionalities of the Website does not constitute an amendment to the Terms and Conditions of the Website, if it does not result in the elimination or significant limitations of the existing functionalities of the Website.
Pobyty.pl is not liable for any lost benefits resulting from necessary maintenance works or maintenance of the system and the Portal, or any unexpected hindrances in the functionality or accessibility of the Portal, which would cause temporary unavailability or limitation of accessibility or functionality of the Portal resulting from reasons beyond the control of Pobyty.pl.

§8 Copyright

All copyrights to the Portal and to the source code belong to Pobyty.pl and are protected in accordance with the Act of 4 February 1994 on Copyright and Related Rights.
Copying, dissemination or making available the content of the Portal, and in particular the Offers to any third party is a violation of Pobyty.pl copyrights and is prohibited by law.

§9 Personal data

Pobyty.pl Sp. z o.o., with the registered office in Warsaw, 4, Galczyńskiego Street, 00-362 Warsaw, is the administrator of the personal data processed in relation to the use of the Website by the Users and its functionalities as indicated in paragraph 2 of these regulations. More information on the processing of personal data for the provision of services can be found under the link Privacy Policy.

§10 Complaints

All complaints in matters related to the provision of the Residence Services, including their standard, non-performance or inadequate performance or non-compliance with the Offer are dealt with by the Portal Partner as the entity providing the Residence Service The complaint should be submitted directly to the Portal Partner,
The Client has the right to submit a complaint also through Pobyty.pl, which will immediately forward the complaint to the Portal Partner. The complaint will be considered under the terms and conditions indicated in the Lease Agreement for the Premises, however, the Client should take into account the possibility that the complaint may take longer to be considered than if they had submitted it directly to the Portal Partner.
All Client's complaints related to the operation of the Portal should be directed to Pobyty.pl at the following e-mail address: Pobyty.pl: reklamacje@Pobyty.pl.pl. Pobyty.pl assesses the subject of such a complaint and its legitimacy within 14 (fourteen) days, and if the subject of the complaint is the delivery of goods within 14 (fourteen) days. Pobyty.pl will inform the Customer about the method of settling the complaint and its reasons by sending a message to the Customer's e-mail address, provided during the creation of the Account or indicated during the complaint procedure, including the address from which the Customer sent the complaint.
In the case of a dispute between Pobyty.pl or the Partner of the Portal and the Customer regarding the way of resolving a complaint, the Customer has the right to use out-of-court ways of dealing with complaints and claims. The Customer may use mediation or an amicable court by submitting to a chosen institution, a suitable document on an application for mediation or an application for consideration of a case before an amicable court (a list of institutions together with their contact details is available at www.uokik.gov.pl).

§11 Customer reviews

Pobyty.pl reserves the right to implement the service of publishing Clients‘ opinions about the Premises and Accommodation Services on the Portal ("Opinions").
In the case described in section 1, the Rules will specify the rules for publishing Opinions on the Portal.

§12 Final provisions

These Regulations are available on the Portal and in the offices of Pobyty.pl.
Pobyty.pl reserves the right to change these Terms and Conditions and the rules of functioning of the Portal (including its functionality) at any time.
Due to the possibility of changes to the Terms and Conditions at any time, each Client should familiarise themselves with the content of the Terms and Conditions every time they make a Booking. Pobyty.pl will inform the Customers that these Terms and Conditions have been amended by means of a notice on the main page of the Portal placed for the following 3 months from the date of amendment to the Terms and Conditions, containing a link to the new wording of these Terms and Conditions.
In case Pobyty.pl makes changes to the provisions of the Terms and Conditions, which - in accordance with the provisions of the Act of 30.05.2014 on Consumer Rights - require the consent of the Parties, such a change may be made after making a Booking only after the Client's consent. In the absence of the Customer's consent, the Booking and the Lease Agreement for the Premises shall be executed in accordance with the wording of the Terms of Service in force on the date of making the Booking.
If individual provisions of the Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.
These Terms of Service shall be governed by the laws of Poland.