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Booking and stay terms

Effective from: [launch date of the new website]. Translation for convenience; the Polish version prevails.

§ 1. Scope and subject of the Terms

  1. This document (the "Terms") sets out the rules for the short-term rental service, the liability of the parties and the rules of staying at Matygowa Osada (the "Property"). The Terms form an integral part of the rental agreement between the parties.
  2. The rental agreement is concluded when a booking is made in the manner described in § 2. By making a booking the Tenant confirms that they have read the Terms, accept them and undertake to comply with them, and that the Authorised Persons and Guests will be informed about the Terms and will comply with them. The Tenant also consents to the processing of their personal data and that of the Authorised Persons and Guests for the purpose of providing the rental service.
  3. For the purposes of these Terms the following definitions apply:
  • Rental Price – the total fee for renting the House for the agreed Rental Period, based on the applicable rates (per night, longer periods) shown at the time of booking,
  • Tenant's Guest – a person visiting the House during the rental,
  • House – one of the houses at the Property intended for short-term rental and covered by the booking,
  • Rental – a short-term (nightly) rental in which the Landlord provides the House to the Tenant for use at the agreed Rental Price,
  • Tenant – the person making the booking or the person indicated by them,
  • Property – Matygowa Osada, located in Gliczarów Górny, ul. Matygówka 30, Poland,
  • Rental Period – the number of nights stated in the booking; it starts at 16:00 on the first day and ends at 11:00 on the last day,
  • Authorised Persons – the persons named in the booking who use the House together with the Tenant, up to the number of guests allowed in the booking,
  • Website – the Landlord's website at www.matygowaosada.pl,
  • Landlord – DKSKA Sp. z o.o., registered office in Białystok, ul. Kombatantów 4/320, 15-110 Białystok, Poland; tax ID (NIP) 9662090509; entered in the National Court Register (KRS) under no. 0000884900, registry court: District Court in Białystok, 12th Commercial Division.
  1. The Terms apply both to consumers (Article 22¹ of the Polish Civil Code) and to businesses (Article 43¹ of the Polish Civil Code).

§ 2. Booking rules

  1. A House can be booked:
  • a) by phone: +48 788 267 809,
  • b) by e-mail: info@matygowaosada.pl,
  • c) through the booking system on the Website,
  • d) through an external booking portal (e.g. booking.com).
  1. The provisions of this section apply to bookings made in ways a–c, and to way d unless the rules of the booking portal provide otherwise.
  2. When booking, the following must be provided: arrival and departure dates, personal and contact details (first name, last name, address, e-mail, phone) and the number of people staying in the House. The Landlord is not responsible for errors resulting from incorrectly completed forms or for failures or unavailability of the booking system.
  3. A booking becomes effective once confirmed by the Landlord and once the booking fee of 50% of the booking value has been paid. The rest of the Rental Price must be paid no later than 14 days before arrival. The exact amount and payment deadline are given in the booking confirmation e-mail. If the Tenant does not pay the booking fee on time and in full, the booking is cancelled.
  4. The Tenant must be at least 26 years old on the first day of the stay. If this condition is not met, the Landlord may cancel the booking or refuse accommodation without having to refund the deposit or other payments.
  5. Bank account at PKO Bank Polski for the booking fee and the Rental Price: 27 1020 1332 0000 1202 1640 6870 (IBAN PL27 1020 1332 0000 1202 1640 6870).
  6. Under Article 38(12) of the Polish Consumer Rights Act of 30 May 2014, the Tenant has no right to withdraw from the agreement for accommodation services.

§ 3. Cancelling a booking

  1. A booking can be cancelled by e-mail to info@matygowaosada.pl or through the external booking portal (e.g. booking.com).
  2. Cancellation costs and conditions depend on when the cancellation is made: Deposit of 50% of the price when booking, the rest no later than 14 days before arrival. Payments are not refunded on cancellation. The conditions applying to a booking are shown when it is made and in the booking confirmation. Refunds are made through the same payment channel that was used for the booking fee.

§ 4. Payments

  1. The booking fee is an advance payment (zadatek) towards the Rental Price. The remaining amount must be paid by the date given in the booking conditions sent by e-mail. Failure to pay on time is grounds for cancelling the booking under § 2(4).
  2. If the Tenant shortens the stay during the rental, the Rental Price for the remaining days is not refunded.
  3. If the stay is shortened before the rental begins, the rules of § 3(2) apply.
  4. The settlement currency is the Polish zloty (PLN). All costs related to the payment method, including currency conversion, are borne by the Tenant.
  5. Rental prices include VAT.
  6. Fees for services other than the Rental (e.g. extra cleaning, amenities) are paid directly at the Property.

§ 5. Check-in and liability for damage

  1. The maximum number of people using the House is stated in the House description and in the booking confirmation. By prior arrangement with the Landlord, up to two additional children under 2 years of age may stay.
  2. The House is available to the Tenant from 16:00 on the first day of the rental.
  3. Keys are not handed over in person. An access code to the House is sent to the Guest's e-mail address together with detailed directions and the location of the Property, no later than on the day of arrival and after the full price of the stay has been paid.
  4. At check-in the Tenant must present a valid identity document (ID card or passport) to verify the booking.
  5. If the Tenant does not meet the requirements of paragraph 4, is under the influence of alcohol or drugs, behaves aggressively or poses a threat, the Landlord may block access to the Property by cancelling the access code or refuse to provide further information needed to enter. Such a situation is treated as a cancellation of the booking through the Tenant's fault.
  6. The House must be vacated by 11:00 on the last day of the rental. For each hour or part of an hour after 11:00 a fee of PLN 250 is charged, unless a later check-out has been agreed with the Property in advance.
  7. If the Tenant has not vacated the House by 11:00 and is absent, staff may enter the House and move any belongings left behind to a chosen place at the Property. A fee of PLN 500 is charged for this service. The Property is not responsible for any loss of or damage to the belongings after they have been moved to the place of storage.
  8. The Tenant must inform the Landlord immediately of any damage noticed.
  9. If, after check-out, the Landlord discovers damage that was not noticed when the House was handed back, the Landlord will inform the Tenant electronically of the damage and the cost of repair.
  10. The Tenant must pay the full cost of repairing any damage. Compensation covers actual losses and lost profits, including the Landlord's potential revenue. In particular, if the damage requires the House to be taken out of use, compensation will include the equivalent of the rental rate for each day it is out of use.
  11. The Tenant bears full financial responsibility for any damage to the House, its equipment, other parts of the Property and its systems and installations caused by the Tenant, Authorised Persons or their Guests, including the cost of removing or taking away such items.

§ 6. Rules for using the House

  1. Quiet hours at the Property are from 23:00 to 08:00.
  2. The behaviour of people staying in the House must not disturb the rest of other Guests.
  3. Smoking tobacco and using drugs or other prohibited substances in the House is strictly forbidden. Breaching this ban results in a penalty of PLN 2,000. The Tenant also bears the cost of restoring the House to its original condition (cleaning, ozonation, replacement of items).
  4. Children under 18 may stay at the Property only under adult supervision.
  5. Pets are allowed only by prior arrangement with the Landlord and may involve an additional fee. Detailed rules for pets are set out in § 9.
  6. The Tenant may use additional facilities of the Property, such as the sauna and the hot tub with hydromassage ("bania"), after notifying the Landlord and receiving confirmation.
  7. An additional fee is charged for using the sauna and the bania; the amount is given in the booking confirmation or another document sent to the Tenant.
  8. Alcohol, drinks and food are completely prohibited in the sauna area, for the comfort and safety of all users.
  9. For safety reasons, glasses, wine glasses or other objects with sharp edges must not be taken into the bania.
  10. The Houses have fireplaces. They may be used at the Tenant's own risk, only with wood and with the door closed. A lit fireplace must not be left unattended. Minors must not operate the fireplace.
  11. Electrical appliances that are not part of the equipment (e.g. fan heaters, irons, toasters) must not be used, except for chargers and power supplies for audio-visual and computer equipment.
  12. Covering or disabling smoke detectors, and possessing or using dangerous items such as weapons, explosives or pyrotechnics (including fireworks), is prohibited. A penalty of PLN 500 is charged for each breach.
  13. Selling without permission and using roller skates, skateboards, scooters, drones and similar is not allowed at the Property.
  14. Only the Tenant and Authorised Persons may stay in the House.
  15. Between 10:00 and 22:00 a visit by up to 4 Guests invited by the Tenant is allowed. These Terms apply to visiting Guests, and the Tenant is responsible for any damage they cause.
  16. Parties, events and social gatherings are prohibited at the Property.
  17. If the Tenant, Authorised Persons or Guests breach the Terms or refuse to leave the House so that services (e.g. security) must be called, the Tenant covers the cost of the intervention.

§ 7. Rights and obligations of the Tenant

  1. The Tenant may inspect the House before check-in and assess its condition.
  2. After check-in the Tenant is deemed to have accepted the standard of the House, without the right to demand a refund of the Rental Price.
  3. Each House is equipped with: 8 bath towels, 3 small towels and 2 bath mats. Towels belonging to the House may be used for personal purposes only and must not be used at the pool or in the hot tub.
  4. The Tenant must return the House in no worse condition (e.g. dishes washed). Moving furniture (other than tables, chairs and armchairs) or household and audio-visual appliances is prohibited; a breach results in a service fee of PLN 300.
  5. No permanent alterations may be made to the House or its installations.
  6. If the Rental Period is at least 8 days, the Tenant is entitled to a free change of towels and bed linen. Otherwise these services are available on request at the Property for a fee according to the price list. (A change means the delivery of fresh sets of towels or bed linen.)
  7. The Tenant may not sublet the House or make it available free of charge to third parties.
  8. The House may be used for residential purposes only; commercial or advertising activity is possible only with the Landlord's prior consent and agreed financial terms.
  9. If the Tenant finds shortcomings in the services, they may send a complaint to info@matygowaosada.pl; the Landlord will confirm receipt and handle the complaint within 14 days of receipt.

§ 8. Rights and obligations of the Landlord

  1. The Landlord is not liable for loss of or damage to the property of the Tenant and Authorised Persons, or for items left behind after the stay; the costs of storage and delivery are borne by the Tenant.
  2. The Landlord is not liable for the loss of valuables (cash, jewellery, documents, etc.) brought into the House.
  3. The Landlord is not liable for damage or loss resulting from damage to vehicles parked in the Property's car park. The car park is unguarded.
  4. The Landlord is not liable for inconvenience caused by outside noise, construction work on neighbouring properties or interruptions in utilities (electricity, water, Internet) for reasons beyond the Landlord's control.
  5. The Landlord is not liable for accidents, injuries or death of the Tenant, Authorised Persons, Guests or third parties in the House or at the Property.
  6. During the rental, the Landlord's staff may enter the House (e.g. for repairs or inspections), also in the Tenant's absence, but entry will be announced in advance (e.g. by phone or in person).
  7. The Landlord may refuse to accept a person who seriously breached the Terms during a previous stay.
  8. In the event of persistent breaches of quiet hours, disturbing other Guests, damaging the Houses or a serious breach of § 5(3), (8) and (9), the Landlord may require the Tenant (with Authorised Persons and Guests) to leave the House immediately, without a refund of the Rental Price for the remaining nights.

§ 9. Pets

  1. We accept pets (dogs and cats) only by prior arrangement with the Landlord and on payment of an additional fee of PLN 100 per pet per stay, together with a security deposit of PLN 1,000 to cover any damage. A security deposit is collected only for stays with a pet.
  2. The owner must supervise the pet at all times. The pet must not be left unattended or roam the Property on its own. Leaving a pet alone in the House is prohibited.
  3. The owner must clean up after the pet and keep the rented House and the whole Property clean and tidy.
  4. Dogs and cats must be kept on a lead at the Property.
  5. For hygiene reasons and the comfort of other Guests, pets are not allowed on sofas, beds, bed linen or other places intended only for Guests.
  6. If a pet causes any damage to the House, its equipment, installations or the Property, the owner bears full financial responsibility and must cover the cost of repair regardless of the deposit paid.
  7. The Tenant must inform the Landlord immediately of any damage caused by pets.
  8. The deposit is paid in cash or by BLIK at check-in. It is returned within 3 working days of the end of the stay, after the Landlord has assessed the condition of the House and its equipment, by bank transfer to the account indicated by the Tenant. If damage caused by the pet is found, the Landlord may deduct the cost of repair from the deposit or withhold its return until the full cost of repair has been determined, and will inform the Tenant electronically.

§ 10. Final provisions

  1. By accepting the booking and the stay, the Guest confirms that they will be fully acquainted with and agree to the Terms.
  2. Matters not covered by these Terms are governed by the Polish Civil Code and other generally applicable Polish law.
  3. Disputes are governed by Polish law, and the competent court is the common court having jurisdiction over the Landlord's registered office or another court indicated in the agreement. This does not limit the rights of consumers under mandatory provisions of law.
  4. The Landlord reserves the right to amend the Terms. Amendments take effect on the date given in the announcement, and the new conditions apply to bookings made after they take effect.
  5. In the event of discrepancies between the language versions, the Polish version prevails.

§ 11. Personal data protection (GDPR) and information clause

  1. When making a booking, the Tenant agrees to their personal data (and that of Authorised Persons and Guests) being entered into the database and processed for the purpose of providing the rental service.
  2. The data controller is DKSKA Sp. z o.o., registered office in Białystok, ul. Kombatantów 4/320, 15-110 Białystok, Poland; for data protection matters please contact info@matygowaosada.pl.
  3. The outdoor area of the Property is covered by video surveillance (without sound recording) to ensure the safety of Guests, protect property and prevent damage and incidents. Surveillance data is processed on the basis of the controller's legitimate interest (Article 6(1)(f) GDPR) and may be kept for up to 30 days, or in the event of an incident until it has been clarified or proceedings have been concluded.
  4. Personal data will be processed to conclude and perform the agreement (Article 6(1)(b) GDPR) and to establish, pursue or defend claims (the controller's legitimate interest). Processing may be entrusted to technical partners (e.g. operators of booking systems).
  5. Data will be kept for the purpose of providing the service and meeting tax obligations for 5 years from the end of the year in which the tax payment deadline expired.
  6. The data subject has the right to:
  • a) access their data and receive a copy,
  • b) rectify, complete or erase their data,
  • c) restrict processing,
  • d) object to processing based on legitimate interest, provided that data necessary to pursue claims may continue to be processed,
  • e) data portability,
  • f) lodge a complaint with the supervisory authority (President of the Personal Data Protection Office, UODO).
  1. To exercise these rights, please contact the data controller.

§ 12. Website and booking system

  1. Through the Website the Landlord provides the following electronic services: information about the Property and offers, the booking system (including online payment through a payment operator) and contact with the Landlord. Using the Website is free of charge.
  2. To use the Website you need a device with Internet access and an up-to-date web browser with JavaScript enabled and, for bookings, an active e-mail address.
  3. It is prohibited to supply unlawful content through the Website or to take actions that disrupt its operation.
  4. Complaints about the Website and the booking system can be sent to info@matygowaosada.pl. The Landlord handles them within 14 days of receipt.
  5. The processing of personal data and the use of cookies are described in the Privacy Policy and the Cookie Policy available on the Website.
  6. Consumers may use out-of-court complaint and redress procedures, in particular the assistance of a municipal or district consumer ombudsman (rzecznik konsumentów) or the Voivodeship Inspectorate of Trade Inspection.