RULES AND REGULATIONS OF THE
“BURSZTYNOWA PRZYSTAŃ” RESORT

I. PRELIMINARY PROVISIONS

§ 1. General provisions

 
1. These rules and regulations of the “BURSZTYNOWA PRZYSTAŃ” Holiday and Training Resort, hereinafter referred to as the “Rules and Regulations”, specify in particular:
    
   1. the rules and conditions for:
       
      1. the use of the holiday cottages and the Resort Grounds by Clients and Guests,

       

      2. making reservations for the holiday cottages;

    

   2. the rights and obligations of Clients and Guests in connection with the Agreement concluded by the Parties.

 

2. The Resort is located in the village of Kopań near Darłowo (West Pomeranian Voivodeship, Sławno County, Darłowo Municipality), on plots no. 83/11 and 387.

 

3. The Resort operates from April 1st to October 31st.

 

4. The owner of the Grounds and the Resort is the Administrator.

 

5. The Administrator has obtained all permits (regardless of their nomenclature) required by generally applicable law to operate the Resort and is entered into the appropriate registers kept by authorized bodies.

 

6. The Administrator is insured against civil liability in connection with the business activity conducted.

 

7. The Resort holds a valid insurance policy.

 

8. The Rules and Regulations apply to all Clients, Guests, Booking Parties, and third parties present on the Resort Grounds.

 

9. Detailed information on, among other things:
    
   1. the Resort and its current offer;

    

   2. the current price list and discounts;

    

   3. the Administrator;

– can be found on the Resort’s Website.

§ 2.
Definitions

For the purposes of the Rules and Regulations, the terms used herein shall mean:

 
1. Administrator – IMPEA sp. z o.o. with its registered office in Katowice at ul. Zimorodków 17/1, 40-534 Katowice, entered into the register of entrepreneurs of the National Court Register kept by the District Court Katowice-East, 8th Commercial Division of the National Court Register in Katowice under KRS number 284967, using NIP 6342641900 and REGON 240668025, with a share capital of PLN 990,000, fully paid up;

 

2. Personal data – any information relating to an identified or identifiable natural person, processed by the Administrator in connection with the provision of services covered by the Rules and Regulations;

 

3. Business day – any day from Monday to Friday, excluding public holidays in the territory of the Republic of Poland;

 

4. Guest – a natural person authorized by the Parties, under the Agreement, to use the holiday cottages and the Resort Grounds;

 

5. Registration Card – a document containing detailed information about the Client and Guests authorized to use the holiday cottages and the Resort Grounds;

 

6. Client – an adult natural person, a legal person, or an organizational unit without legal personality, who has concluded an Agreement with the Administrator;

 

7. Summer period – the time frame from the first Saturday of July to the last Saturday of August of a given calendar year;

 

8. Resort – the “BURSZTYNOWA PRZYSTAŃ” Holiday and Training Resort, located in the village of Kopań near Darłowo (West Pomeranian Voivodeship, Sławno County, Darłowo Municipality), on plots no. 83/11 and 387;

 

9. Booking Party – an adult natural person placing a reservation (preliminary/full) for a stay in a holiday cottage, in the manner specified in the Rules and Regulations;

 

10. Website – the Resort’s website available at www.bursztynowa-przystan.pl and www.domkidarlowo.pl;

 

11. Parties – the Administrator and the Client collectively;

 

12. Grounds – the fenced area of the Resort together with the tourist infrastructure (sports fields, playgrounds, bonfire pits, barbecue areas, parking), technical and sanitary, telecommunications, and other infrastructure located thereon;

 

13. Agreement – the understanding concluded between the Parties upon signing the Registration Card, regarding the rental of holiday cottages by the Client and the use of the Resort Grounds by the Client and Guests. The provisions of the Rules and Regulations fully apply to the Agreement.

II. RULES FOR MAKING RESERVATIONS AND CANCELLATION OF STAY

§ 3. General provisions

 
1. Reservations for holiday cottages for the Summer period are accepted exclusively for a minimum period of three consecutive nights.

 

2. During the remaining period of the Resort’s operation, holiday cottages can be booked for any period, not shorter than three consecutive nights.

 

3. A local (tourist) tax is added to the final price of the stay, the amount of which is determined on the basis of separate regulations – the Act of January 12, 1991, on local taxes and fees (i.e. Journal of Laws of 2016, item 716, as amended).

 

4. Currently applicable in a given calendar year:
    
   1. price list;

    

   2. discounts;

    

   3. fees, including, among others, electricity costs, deposit amount, flat rate for cleaning the holiday cottage if the Client leaves it in a state of general disorder (e.g., untaken out trash, unwashed dishes, etc.);

    

   4. promotional campaigns,

– can be found on the Website.

§ 4. Preliminary reservation

 
1. A preliminary reservation for holiday cottages can be made via:
    
   1. the reservation form available on the Website, or

    

   2. e-mail to the address indicated on the Website.

 

2. A preliminary reservation submitted via e-mail should include at least:
    
   1. the Booking Party’s first and last name;

    

   2. contact phone number for the Booking Party;

    

   3. e-mail address;

    

   4. planned period of stay at the Resort (arrival and departure dates);

    

   5. number of Guests;

    

   6. information about pets.

 

3. After making a preliminary reservation, the reservation system built into the website sends to the e-mail address provided by the Booking Party:
    
   1. confirmation of acceptance of the preliminary reservation, containing in particular:
       
      1. reservation number;

       

      2. data referred to in sec. 2;

       

      3. the total gross price of the stay along with information about additional payments and methods of settling them;

       

      4. the bank account number to which the advance payment referred to in § 5 sec. 1 of the Rules and Regulations must be transferred, and the advance payment deadline.

 

4. A preliminary reservation is only possible if there is availability of at least one cottage on the dates declared by the Booking Party.

§ 5. Advance payment

 
1. A necessary condition for making a full reservation is the payment by the Booking Party of an advance payment in the amount of 30% of the total (gross) price of the booked stay, within a maximum of 2 Business days from the registration of the preliminary reservation in the system.

 

2. Failure to pay the advance payment referred to in sec. 1 within the deadline indicated by the Administrator results in the automatic cancellation of the preliminary reservation.

 

3. The advance payment referred to in sec. 1 is payable by bank transfer to the bank account indicated by the Administrator or via the Przelewy24 electronic payment system.

 

4. The date of payment of the advance payment is considered to be the date on which the Administrator’s bank account is credited.

 

5. Upon payment of the advance payment, the preliminary reservation receives the status of a full reservation.

 

6. Upon receipt of the advance payment, at the request of the Booking Party, the Administrator, within seven Business days from the date of receipt of the advance payment, shall send the Booking Party a reservation confirmation containing data and information about the remaining price of the stay to be paid, as well as the method and deadline for its payment.

III. ACCOMMODATION PROCEDURE AND RULES

§ 7. General provisions

 
1. Holiday cottages are rented for accommodation days.

 

2. The accommodation day at the Resort lasts from 3:00 PM to 9:00 AM the following day.

 

3. The Client’s stay at the Resort begins at 3:00 PM on the first day of the reservation and ends at 10:00 AM on the last day of the reservation.

 

4. The Administrator is not obliged to provide the Client with a holiday cottage before 3:00 PM on the first day of the reservation and after 9:00 AM on the last day of the reservation, subject to sec. 5.

 

5. Subject to organizational and technical possibilities, the Administrator will allow the Client to occupy the holiday cottage after 9:00 AM on the last day of the reservation (up to a maximum of 6:00 PM that day). In such a case, the Client will be additionally charged 50% of the fee for the next accommodation day in accordance with the currently applicable price list.

 

6. The intent to extend the stay at the Resort beyond the period indicated in the reservation should be reported by the Client to the Administrator at least 24 hours before the last day of the reservation. The Administrator may accommodate the above request depending on organizational and technical possibilities (availability of holiday cottages),
   taking into account the currently applicable price list.

 

7. In the event of the Client’s resignation from the stay at the Resort during the stay, for reasons attributable to the Client, the Administrator has the right to retain the entire price paid by the Client for the stay at the Resort, regardless of how many accommodation days remain until the end of the stay.

§ 8. Accommodation

 
1. Upon arrival at the Resort, the Booking Party:
    
   1. identifies themselves to the Administrator with a valid identity document (ID card or passport);

    

   2. submits proof of payment for the price of the stay, reduced by the amount of the advance payment made, or pays this price in cash to the Administrator;

    

   3. pays the local (tourist) tax;

    

   4. fills out and signs the Registration Card.

 

2. For the acts of handing over the holiday cottage to the Client and the Client returning it, the Parties draw up a written note as part of the Registration Card.

§ 9. Security deposit

 
1. After signing the Registration Card, the Administrator collects a cash deposit from the Client, in the amount determined annually in the price list, to secure the Administrator’s claims against the Client arising from the Agreement, and in particular:
    
   1. potential compensation for damage or destruction of the holiday cottage or its equipment (including theft);

    

   2. the necessity to clean up the holiday cottage in a situation where the Client left it in a state of general disorder after the stay (e.g., untaken out trash, unwashed dishes, etc.);

    

   3. costs referred to in § 10 sec. 4 of the Rules and Regulations.

 

2. The Administrator is entitled to satisfy its claims from the deposit referred to in sec. 1 without prior demand for payment directed to the Client.

 

3. If the deposit amount is insufficient to cover the Administrator’s claims arising from the Agreement against the Client, the Parties will determine the procedure for further action in the matter, although the Administrator may assert its rights in court.

 

4. The deposit amount remaining after deducting all of the Administrator’s claims against the Client arising from the Agreement will be returned to the Client in cash after both Parties sign a note on the Registration Card.

IV. RIGHTS AND OBLIGATIONS OF THE PARTIES

§ 10. General rules for using the holiday cottage and the Resort Grounds

 
1. The Client and Guests are entitled to use the holiday cottages and the Resort Grounds solely to the extent determined by the Agreement and the Rules and Regulations.

 

2. Only the Client and Guests disclosed by them in the Registration Card may stay overnight in the holiday cottage.

 

3. The holiday cottage may not be transferred or made available to third parties. If the Client violates the above prohibition, the Client bears full responsibility, on the terms provided for in the Civil Code, for the actions or omissions of third parties as for their own.

 

4. A third party not indicated in the Registration Card may stay on the Resort Grounds in connection with the Client’s stay at the Resort from 8:00 AM to 9:00 PM only with the Administrator’s consent. If such a person stays on the Resort Grounds for more than 8 hours a day, the Client is obliged to pay an additional fee for such person in the amount of PLN 30 per person for each started day.

 

5. Quiet hours apply on the Resort Grounds from 10:00 PM to 6:00 AM.

 

6. During quiet hours, it is forbidden to:

 
• have third parties present on the Resort Grounds;

 

• loudly play audio and video tracks;

 

• organize parties;

 

• light bonfires and fire pits.

 
7. Due to fire protection requirements, it is forbidden to use any electrically powered equipment in the holiday cottages that is not a permanent fixture of the holiday cottages (e.g., heaters, radiators, etc.). This prohibition does not apply to chargers and power supplies for telephones, audio/video devices, and computers.

 

8. The presence of pets in the holiday cottages and on the Resort Grounds is allowed only with the Administrator’s consent, upon prior notification. Stays with pets are possible only in cottages
   marked with numbers 1 to 4 on the map.

 

9. One free parking space is assigned to each holiday cottage. Depending on the Administrator’s technical and organizational capabilities, it is possible to purchase an additional parking space at the rates specified in the price list.

 

10. Parking vehicles on the Resort Grounds outside designated parking spaces is prohibited.

 

11. The Client and Guests are bound by the rule of not allowing unnecessary and nuisance noises, unpleasant odors, and lighting effects to occur while using the holiday cottages and Resort Grounds that could escape beyond the area of the holiday cottage or Resort Grounds. The Client and Guests, immediately after
    receiving a request from the Administrator to eliminate the above nuisances, are obliged to remove them, and if immediate removal is impossible, to absolutely limit them.

 

12. A strict ban on smoking tobacco products and e-cigarettes applies in the holiday cottages and on the Resort Grounds outside designated areas.

 

13. A strict ban on bringing and consuming drugs or other narcotic or psychotropic substances applies on the Resort Grounds, while alcohol consumption must not disturb the order of the Resort, and alcohol may not be served to minors.

 

14. The Client and/or Guest should immediately notify the Administrator of any damage found in the
    holiday cottage, its equipment, or in the tourist, technical, sanitary, telecommunications, or other infrastructure located on the Resort Grounds.

 

15. The Client and Guests bear full responsibility, on the terms provided for in the Civil Code, for any damage or destruction of the holiday cottage or its equipment (including theft) and damage or destruction of the tourist, technical, sanitary,
    telecommunications, or other infrastructure located on the Resort Grounds, caused by the fault of the Client and/or Guests.

§ 11. Detailed rights and obligations of the Parties

 
1. Without the prior written consent of the Administrator, the Client is not entitled to change the manner of using the holiday cottages and the Resort Grounds.

 

2. The Administrator or their representative (proxy) is entitled to enter the holiday cottage area to assess the correct performance of the Agreement by the Client. The Client or their representative (proxy) has the right to be present during the Administrator’s activities referred to above. Entering the holiday cottage requires the Parties to schedule an appointment in advance.

 

3. In emergencies requiring immediate action to prevent the occurrence or exacerbation of damage (e.g., fire, flooding, etc.), the Administrator or their representative (proxy) has the right to enter the holiday cottage area at any time, without prior notification to the Client, exclusively for the purpose referred to above.

 

4. The Client and Guests must not:
    
   1. use the holiday cottage and the Resort Grounds for a purpose other than that specified in the Agreement or the Rules and Regulations;

    

   2. cause or contribute to any interruption or disruption of:
       
      1. the activities conducted by the Administrator,

       

      2. the stay of other Clients and Guests on the Resort Grounds,

       

      3. activities conducted by third parties in the immediate vicinity of the Resort;

    

   3. behave in a manner contrary to generally accepted principles of morality, good manners, or good customs;

    

   4. store explosive and flammable materials on the Resort Grounds (does not apply to vehicle fuel tanks, including CNG);

    

   5. use an open flame in areas not designated for this purpose;

    

   6. take actions or omissions that could cause:
       
      1. damage or deterioration of the technical or aesthetic condition of the holiday cottages, their equipment, or any other infrastructure located on the Resort Grounds,

       

      2. harm to the Administrator or third parties present on the Resort Grounds.

 

5. Clients and Guests are obliged, in particular, to:
    
   1. maintain a proper technical and aesthetic condition of the Resort Grounds and holiday cottages along with their equipment;

    

   2. care for and protect against damage the Resort Grounds and holiday cottages along with their equipment. In particular, the Client and Guests must not use them in a manner inconsistent with their intended purpose or exceeding normal use;

    

   3. strictly comply with the Agreement, Rules and Regulations, fire protection, sanitary, and order regulations applicable on the Resort Grounds.

 

6. The Administrator has the right to immediately remove the Client and Guests from the Resort Grounds in the event of a gross and persistent violation of the Rules and Regulations, and in the event of disturbing the peace, it is possible to call the Police.

 

7. If the Administrator exercises the right referred to in sec. 6, § 7 sec. 7 of the Rules and Regulations applies accordingly.

 

8. The Administrator is not responsible for possible inconveniences to the Client and Guests related to construction, renovation, modernization, finishing works, etc., that may take place in the immediate vicinity of the Resort.

V. HOLIDAY COTTAGES, RESORT GROUNDS AND ADDITIONAL INFRASTRUCTURE

§ 12. Resort Grounds and additional infrastructure

 
1. The Resort Grounds are covered by:

 
• 24-hour monitoring;

 

• protection provided by a professional security agency.

 
2. The entire infrastructure located on the Resort Grounds is available to the Client and Guests.

 

3. Clients and Guests are obliged to use the infrastructure located on the Resort Grounds in accordance with its intended purpose and taking into account the Agreement and the Rules and Regulations, as well as the regulations of individual facilities of the aforementioned infrastructure elements.

 

4. The Administrator is not responsible for the loss of or damage to items brought by the Client or Guests onto the Resort Grounds if the damage resulted from the properties of the item brought in or due to force majeure, or if it arose exclusively through the fault of the injured party or a person accompanying or visiting them.

 

5. Motor vehicles and items left in them are not considered items brought in as referred to in sec. 4.

 

6. The children’s playground is an area used for play and recreation.

 

7. The elements of the playground are intended for children from 0 to 15 years old.

 

8. Children should be on the playground exclusively under the supervision of adults (e.g., legal guardians), who bear responsibility for them.

 

9. Pets on the Resort Grounds must always be under the supervision of a guardian. The guardian bears full civil, compensatory, and criminal liability for damages caused by the animal both to the Administrator and other Resort Guests.

 

10. Persons present on the playground are obliged to keep it tidy.

 

11. Playground equipment should be used in accordance with its intended purpose.

 

12. A strict ban on consuming alcoholic beverages, smoking cigarettes, and the presence of persons under the influence of alcohol or other intoxicating substances applies
    on the playground.

 

13. Persons or their legal guardians destroying playground equipment or devices bear material liability on general principles.

§ 13. Holiday cottages

 
1. The holiday cottages are fully equipped with appliances necessary for a comfortable stay of the Client and Guests. An inventory list of the equipment is held by the Administrator and is available at every request of the Client/Guests.

 

2. A motion sensor is installed in each holiday cottage.

 

3. Every time the holiday cottage is left, the Client and/or Guests should close the windows, turn off electrical appliances (except for the refrigerator), turn off the lights, turn off the taps, and lock the exterior doors.

 

4. If the key to the holiday cottage is lost, the Client and/or Guest will be charged for the cost of purchasing and replacing a new lock.

§ 14. Internet

 
1. The Resort has its own wireless internet network (Wi-Fi). The Administrator provides free wireless Internet available in every holiday cottage and on the Resort Grounds for the use of the Client and Guests.

 

2. The password for the Resort’s Wi-Fi internet network is provided by the Administrator to the Client and/or Guests after completing the formalities referred to in § 8 sec. 1 of the Rules and Regulations.

 

3. The password for the Resort’s Wi-Fi internet network may not be shared with third parties.

 

4. Within the Resort’s Wi-Fi internet network, the Administrator is not
   responsible for the quality of the connection, its availability, and/or transfer speed.

VI. PERSONAL DATA PROTECTION

§ 15. General provisions

 
1. The Administrator provides the services covered by the Rules and Regulations in accordance with the Act of August 29, 1997, on the protection of personal data (i.e. Journal of Laws of 2016, item 922, as amended) and implementing acts issued on its basis.

 

2. The Data Controller is the Administrator.

§ 16. Processing of personal data

 
1. The Administrator processes the personal data referred to in the Rules and Regulations on the basis of Art. 23 sec. 1 point 1 of the Act on the protection of personal data.

 

2. Personal data will be processed to enable the submission of a reservation for tourist services provided by the Administrator and the implementation and handling of this service under the Agreement.

 

3. When processing personal data, the Administrator exercises special care to protect the interests of data subjects, and in particular ensures that this data is:
    
   1. processed in accordance with generally applicable law;

    

   2. collected for the purposes specified in the Rules and Regulations and not subjected to further processing inconsistent with these purposes;

    

   3. substantively correct and adequate in relation to the purposes for which it is processed;

    

   4. stored in a form that permits the identification of the data subjects for no longer than is necessary to achieve the purpose of processing.

§ 17. Authorization to process personal data

 
1. Only persons with an authorization granted by the Administrator are permitted to process personal data.

 

2. The persons referred to in sec. 1, on the basis of a written statement, are obliged to:
    
   1. apply the procedures and measures defined by the Administrator aimed at:
       
      1. proper processing of personal data adequate to specific needs,

       

      2. securing personal data against disclosure to unauthorized persons;

    

   2. keep personal data confidential;

    

   3. use personal data only for the purpose of carrying out the tasks specified in the Rules and Regulations;

    

   4. not disclose information about the content of the documentation specified in § 18 sec. 1 of the Rules and Regulations;

    

   5. exercise special care when carrying out data processing operations to protect the interests of the persons they concern.

§ 18. Securing personal data

 
1.  
   1. The Administrator secures personal data against its disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of the Act on the protection of personal data, and change, loss, damage, or destruction, in the manner specified in the provisions of Art. 36-39a of the Act on the protection of personal data, and exercises due diligence in the processing of personal data by using technical and organizational measures referred to in the Regulation of the Minister of Interior and Administration of April 29, 2004, on personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for processing personal data (Journal of Laws No. 100, item 1024), i.e.:
       
      1.  
         1. personal data security policies;

          

         2. instructions for managing the IT system used for processing personal data,

      – ensuring the protection of processed personal data appropriate to the threats and categories of data

    

   2. The IT system used by the Administrator in the personal data processing process meets the requirements set out in the regulation referred to in sec. 1.

covered by protection.

§ 19. Place and scope of personal data processing

 
1. Personal data is processed in the office located at the Administrator’s headquarters.

 

2. The scope of personal data processed by the Administrator in connection with the provision of services covered by the Rules and Regulations includes:
    
   1. first and last name;

    

   2. registered address;

    

   3. phone number;

    

   4. e-mail address;

    

   5. series and number of the identity document.

§ 20. Control of personal data processing

In relation to the personal data processed by the Administrator in connection with the provision of services covered by the Rules and Regulations, the data subject has the right to control the processing of personal data, to the extent specified in the Act on the protection of personal data.

VII. COMPLAINTS

§ 21.

 
1. If, during the stay at the Resort, the Client discovers defective performance of the Agreement, they should immediately notify the Administrator via e-mail to the address indicated on the Website, or in writing at the Resort reception or to the address of the Administrator’s headquarters.

 

2. Regardless of the notification referred to in sec. 1, the Client may submit a complaint to the Administrator indicating the deficiency in the manner of performing the Agreement and specifying their demand, within a period not exceeding 30 days from the date of ending the stay at the Resort.

 

3. In the event of a refusal to accept the complaint, the Administrator is obliged to provide a detailed written justification for the reasons for refusal.

 

4. If the Administrator does not respond in writing to a complaint submitted in accordance with sec. 2 within 30 days from the date of its submission, and in the case of a complaint submitted during the stay at the Resort, within 30 days from the date of ending the stay at the Resort, the Administrator is deemed to have considered the complaint justified.

VIII. FINAL PROVISIONS

§ 22.

 
1. Due to the nature of the services provided by the Administrator under the Agreement, pursuant to Art. 38 point 12 of the Act of May 30, 2014, on consumer rights (Journal of Laws, item 827, as amended), the consumer is not entitled to the right to withdraw from an off-premises or distance contract.

 

2. The current content of the Rules and Regulations is available on the Website and at the Administrator’s headquarters.

 

3. The Administrator reserves the right to amend the Rules and Regulations. An amendment to the Rules and Regulations may occur in particular in the event of a change in the scope of services provided by the Administrator.

 

4. The Administrator notifies of changes to the Rules and Regulations by making the content of the new, consolidated Rules and Regulations available on the Website.

 

5. An amendment to the Rules and Regulations enters into force on the day of publishing the content of the new Rules and Regulations on the Website.

 

6. Making a reservation (preliminary/full) and/or concluding the Agreement means acceptance of the Rules and Regulations.

 

7. In matters not covered in the Agreement, the Rules and Regulations apply.

 

8. In matters not covered by the provisions of the Rules and Regulations, the applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on tourist services, and the Act on the protection of personal data.

 

9. A Client who is a consumer has the possibility of using out-of-court complaint and redress procedures, and in particular, the Client is entitled to apply to:
    
   1. a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000, on the Trade Inspectorate (i.e. Journal of Laws of 2016, item 1059, as amended), with a request to resolve a dispute arising from the concluded Agreement. The rules of organization and operation of permanent consumer arbitration courts are determined by the Regulation of the Minister of Justice of September 25, 2001, on the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws No. 113, item 1214).

    

   2. the provincial inspector of the Trade Inspectorate, in accordance with Art. 36 of the Act of December 15, 2000, on the Trade Inspectorate (i.e. Journal of Laws of 2016, item 1059, as amended), with a request to initiate mediation proceedings on the amicable settlement of a dispute. Information on the rules and procedure for mediation conducted by the provincial inspector of the Trade Inspectorate is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspectorate.

 

10. Given the impossibility of applying or non-application of the solutions specified in sec. 8, any disputes related to the performance of the Agreement shall be resolved by the competent Polish common courts.

 

11. The Rules and Regulations enter into force on December 9, 2016.