Terms and conditions

Terms and conditions

 

TERMS  AND CONDITIONS OF RESIDENTIAL TENANCY OF IMPERIAL APARTMENTS 

 

 1. Definitions

 1.1 The definitions in this clause apply to this document.

 1.1.1. “The Landlord” or Imperial Apartments – the owner of the brand Imperial Apartments and the Internet website www.imperial-apartments.com, “Fuerta” Limited Liability Company in Sopot, 2 Syrokomli Street;  NIP (Tax Identification Number) 5372290942, REGON (statistical Number)  060152861.

1.1.2. “The Tenant”-  a client or “the Landlord’s” clients entering into the tenancy agreement with “the Landlord” for temporary use of a residential unit (lease agreement for a holiday or tourist apartment).

1.1.3. Accompanying persons – a group of people using the rented apartment together with “the Tenant”, duly reported to “the Landlord"

1.1.4. Apartment – a residential dwelling, described in detail in the offer presented on the Internet website www.imperial-apartments.com, which is rented by “the Tenant” for a temporary stay for recreation or leisure purposes onl

1.1.5. Short hold apartment tenancy – a short hold tenancy agreement concluded between “the Landlord” and “the Tenant” on conditions set forth in these Terms to which the Law dated June, 21st,2001 on Protection of tenants’ rights and district housing resources does not apply. The agreement is concluded when booking is confirmed from "the Landlord"

1.1.6. Costs of stay – the payment made by “the Tenant” for hold tenancy apartment for a defined number of people, in a given time, calculated irrespective of the type of equipment , access to WI-FI, the Internet /TV package.

1.1.7. Tourist tax - the fee charged to guests in accordance with the current City Council Resolution in Sopot on the introduction of climate fees in the city of Sopot and the determination of rates and rules of collection. This fee is charged for full days stay in Imperial Apartments.

1.1.8. Consumer – a natural person performing a legal act with the entrepreneur not connected directly with business or professional activity, according to article no 221 of the Law dated April 23rd, 1964, Civil Code [Law Gazette 1964, No 16, item 93 with later amendments].

1.1.9. Distance contract – transaction during the conclusion of which there is no simultaneous presence of both parties one of which is “consumer” according to the Law dated May 30th,2014 on consumer rights [Law Gazette 2014, item 827 with later amendments]

1.1.10. Contract concluded away from business premises – transaction which is not concluded in the place intended for client’s service according to the regulations on economic activity under the condition that the client must be a “consumer” in line with the Law dated May 30th, 2004 on consumer rights [Law Gazette 2014,  item 827 with later amendments]

 

 2. Booking 

2.1. Apartment booking is made by phone or online by filling in an accommodation establishments booking form on the website www.imperial-apartments.com  and confirming this activity by clicking [Book now] or by phone on +48535585055 or by e-mail.

2.2. Before booking please read the Terms and Conditions of Residential Tenancy of Imperial Apartments. Booking means the approval of the conditions contained in these Terms. When “the Tenant” does not accept the regulations in these Terms he should abandon the booking

2.3. Booking concerns the chosen apartment which has its individual name. One should find out its location, equipment and the number of available accommodation and its layout.

2.4. After making a phone or on-line booking, “the Tenant” receives an e-mail with the information about the terms and deadlines of payment.

2.5. When booking has been made the tenancy agreement is considered to be concluded.

2.6. The price must be confirmed by the consultant or by phone or while making a booking on-line.

2.7. The offer sent to the e-mail address, presented by phone or placed on the website of the Landlord is for information purposes only and does not constitute a commercial offer within the meaning of art. 66 paragraph 1 of the Civil Code.

 

3. Maintenance matters 

3.1. “The Tenant” and accompanying persons are obliged to follow the rules of good and neighbourly conduct to maintain the rented facility in good condition.

3.2. “The Tenant” is obliged not to exceed the number of accompanying persons staying with him in the apartment over the one that was defined as maximum in the catalogue on www.imperial-apartments.com website or in a booking from.

3.3. If more accompanying persons come to the apartment that it was decided in the booking form, “The Landlord” has the right to refuse to accommodate additional people or to house them for an additional charge, paid in cash on the 1st day after the arrival at the apartment

3.4. In case nobody arrives at the apartment on the first day of the booking, the amount paid as deposit is not subject to return whereas “the Landlord” is not obliged the keep the apartment for ‘the Tenant” for the successive days of the planned stay

3.5. “The Landlord” is entitled to refuse accommodation or to allow it at an extra charge in case “the Tenant” arrives with animals, which was not agreed upon in advance 

3.6. The established hour of check-out should be obeyed with no exceptions. In the event of a delay at the check – out, caused by “the Tenant” or accompanying persons, an additional fee for next full day.

3.7. “The Tenant” is obliged to protect the apartment by closing windows and the entrance door each time they leave the apartment. In the event of “the Tenant” neglecting the protection of the apartment, “the Tenant” bears the responsibility for possible damages suffered by “the Landlord” in connection with third persons’ activity

3.8. Smoking lighting candles, incense sticks etc. as well as bringing animals is forbidden in the apartment, exept to the animals notified to "the Landlord" for which the fee will be paid as in point. 5.3.4. Of these Regulations.   If in breach of this clause, “the Tenant” will be charged with 500,00 PLN fee being the equivalent of washing curtains and bedsheets or other cleaning activities required in the apartment.

3.9. Quiet hours in all apartments are from 10p.m. to 7a.m. and “The Tenant” is obliged to respect.

3.10. During his stay in the apartment “the Tenant” may make comments and submit requests calling the Imperial Apartments reception from 9a.m. to 8p.m. in high season (from June to the end of August) and from 9a.m. to 5p.m. in low season (from September to the end of May). “The Tenant” will be charged with 100,00 PLN for each illegitimate call for Imperial Apartments workers.

3.11. “The Tenant” is obliged to immediately inform the person responsible for handing over the keys to the apartment about any damage and missing objects in the apartment. If “the Tenant” makes no such declaration they may be charged with the cost of repairs. 

3.12. In the case of one the following events:

  1. “The Tenant” uses the dwelling apartment as well as the equipment, facilities and installations, contrary to the Terms and Conditions or causes damages or exposes them to destruction or damage,
  2. “The Tenant” is the reason of troubles or nuisance in relation to the rest of the building
  3. “The Tenant” or their quests are under the influence of alcohol or drugs behave aggressively and generate direct threat to other people and possessions.

 

Imperial Apartments reserve for themselves the possibility to withdraw from the agreement with immediate effect and to remove “the Tenant” with accompanying persons (if necessary with the help of Police), having the right to the fee for the whole period booked by “the Tenant”.

 

3.13. It is forbidden to use paid cable TV channels. “The Tenant” is obliged to settle the payment due for the use of paid cable TV channels during his stay in the apartment.  “The landlord” may keep the deposit or may charge “the Tenant’ s”  credit card if the above occurs. “The Landlord” has the right to do it till the settlement of the TV service supplier invoice is finalized, in particular, when “the Tenant” leaves the apartment and “the Landlord” is not informed or does not notice it.

3.14. Windows must be shut before going out. Leaving loft windows open carries a risk of damage in the event of the place being flooded by rainfall. In case of neglecting this duty, “the Tenant” bears the responsibility for damages.

3.15. Furnishing cannot be taken to other apartments. The lack of furnishings will make “the Tenant” responsible for the repair of the damage 

3.16. Smoking is absolutely prohibited in the Apartment. The failure to comply with the ban shall result in “the Tenant's” card being debited with a charge of 500,00 PLN for each single violation

3.17. It is forbidden to sublet “the Apartment” or to give it to third persons. Breaking the ban results in immediate termination of the agreement with “the Landlord” being entitled to receive the payment from “the Tenant”   for the whole reserved stay.

3.18. "The Landlord" reserves the right to change the apartment at any time for another reasonably priced apartment for technical reasons.

 

4. “The Tenant’s” responsibility 

4.1.”The Tenant” bears the responsibility for all damages arising in the apartment caused by “the Tenant” or people connected with him in particular accompanying persons, animals.

4.2.”The Tenant” shall immediately notify “the Landlord” about any damage occurring during his stay and to compensate it.

4.3. “The Landlord” is entitled to deduct from the deposit a fee for breaking these Terms by “the Tenant”. In case the total value of the claim exceeds the amount of the deposit, “the Landlord” reserves the right to debit “the Tenant’s” bank card.

4.4. If “the Tenant” does not take responsibility for damages, “the Landlord”, in the presence of a witness, draws up a damage report and undertakes actions designed to remedy the damage which may include taking legal actions.

4.5. If “the Tenant” fails to pay penalties resulting from the breach of the provisions of these Terms and Conditions, “the Landlord”, in the presence of a witness, draws up a report and then takes action to recover the costs.

 

5. Detailed conditions of tenancy 

5.1. The scope of tenancy agreement

5.1.1. The agreement concluded between “the Landlord” and “the Tenant” covers only the rental of the apartment. The costs of traveling, meals and leisure lie with “the Tenant”

 

5.2. Fees and terms of payment 

5.2.1. The apartment fee is detailed in the booking confirmation, which is sent to “the Tenant's” e-mail address.

5.2.2. The lack of payment by “the Tenant” within 24 hours of receipt of the booking confirmation results in automatic cancellation of the reservation. 

5.2.3. In case of advance deposit payment “the Tenant” is obliged to pay the remainder of the full price for the stay in cash or by credit card on the first day after the arrival at the apartment.

5.2.4. Temporary or complete lack of access to some equipment, WI-FI, TV package not included in “the costs of stay” does not provide basis for the demand of the reduction of the price /return of the price or the change of accommodations. The up to date list of available equipment is available on the website.

5.2.5. The fee for the tenancy in the apartment covers the following: the stay in the apartment of the number of people determined in the booking form, utilities used by “the Tenant”  and accompanying persons during their stay, washing of the bedding and towels; end of stay cleaning. The service does not cover additional cleaning, additional exchange of bedding and towels, costs of renting a cot, animal’s stay.

5.2.6. Upon reservation non-refundable booking fee in the amount of 30% of tenancy price is required when booking is made minimum 48 hours before arrival. Deposit or down payment should be paid in accordance with the procedure of an online payment operated by Dot pay, or by a regular bank transfer followed by transfer confirmation   e-mailed to sopot@imperial-apartments.com. In the event of the lack of payment within the time frame indicated in the form, the booking is canceled, deposit/down payment paid after the date indicated in the form restores booking provided that Imperial Apartments still have vacancies.

5.2.7. The remaining amount has to be paid no later than at the time of handing over the keys to the apartment.

5.2.8. Apartment prices displayed on the website are of informative nature only and do not constitute a sales offer pursuant to article 66 paragraph 1 of the Civil Code.

5.2.9.  Price as in point. 5.2.8. The above does not apply to 1-night bookings where it can be up to 50% higher

5.2.10. The price must be confirmed by the consultant over the phone or when booking on-line.

5.2.11. The price displayed on the website as well as in the booking form contains 8% Value Added Tax.           

 

5.3. Handover and return of keys.

5.3.1.The stay in the apartment starts at 3p.m. on the day of arrival.

The arrival should take place within the hours established with Imperial Apartments staff. “The Tenant” is obliged to inform the staff, no later than one day before the arrival, about the intended time of keys collection by calling the telephone number specified on the website.

5.3.2. Handing over the keys to the apartment may take place from 3p.m. onwards (the arrangement of earlier key collection may be agreed with the person responsible for the keys handover providing they are available to do so). If  “The Tenant” is not able to  arrive on time, “the Tenant” is obliged to immediately contact Imperial Apartment Staff.

5.3.3. Keys handover out of standard hours is possible at an extra cost:

8p.m. – 10p.m. (60,00 PLN)

10p.m. – 2p.m. (90,00 PLN)

5.3.4. At the start of occupancy of the apartment, a refundable deposit is charged with “the Tenant” either providing his credit card details or paying cash 200,00 PLN in cash.

In case of bookings covering a special period (months: June, July, August), a refundable deposit in the amount of 600,00 PLN is chargeable. In addition, if you prefer to stay in an apartment with a pet, the "Tenant" must be reported as an additional deposit in cash at the amount of PLN 200.00.

5.3.5. The Apartment should be vacated till 11a.m. no later. “The Tenant” is obliged to inform the Imperial Apartments Staff before departure about the planned hour of vacating the apartment in order to arrange a handover meeting. If “the Tenant” does not comply with any of the above any of the above, “the Landlord” is entitled to charge “the Tenant” with the costs of tenancy for another day. In case of moving out before 7a.m. a one-time fee of 60,00 PLN will be charged.

5.3.6. Early departure from the apartment does not release "The Tenant" from the obligation to pay for the whole period of the apartment was rented (also unused days / nights).

 

5.4. Tenancy duration and length of stay.

5.4.1. The Terms and Conditions determine the general terms of booking and use of the apartments. Making a booking is tantamount to accepting the rules. At the time of booking, the lease agreement is considered as concluded.

5.4.2. During busy season due to very high interest in renting the apartments, ‘the Landlord” reserves the right to only allow a minimum 5-day stay booking. There is a possibility to book a shorter stay when this booking is the extension of an existing booking (the booking starts on the same day or one day after the previous booking of the given apartment or it finishes on the day of the next booking of the given apartment, or a day earlier).

 

5.5. Change of booking by clients

5.5.1. If “the Tenant” decides to shorten his stay within 21 days prior to arrival date, he is obliged to cover 100% of booked accommodation costs. These possible changes of reservation should be agreed upon with “The Landlord” by phone or by e-mail. 

5.5.2. At any time “the Tenant” can transfer to another person, free of charge, all the rights arising from the booking he is entitled to, if at the same time this person takes over all the duties arising from this booking. In such a situation Imperial Apartments shall immediately be notified about the change and provided with the contact details of the person who is to take over the rights and duties of this agreement 

5.5.3. If “the Tenant” withdraws form the agreement not because of “The Landlord’s” fault, the deposit paid is not refundable.

 

 6.“The Landlord’s” rights

6.1.“The Landlord” reserves the right, in case of situation which have the character of force majeure, to terminate the agreement. Force majeure shall be understood as acts of nature of a catastrophic character, seizure of the apartment by public authorities for any purpose, strikes, wars and riots and depriving the apartment of electricity, gas, fuel for heating or water by the supplier. It is also the case when “the Tenant's” personal safety or the safety of his assets cannot be guaranteed due to reasons “the Landlord” bears no responsibility for.

The fees paid by “the Tenant” shall be immediately returned upon deduction of the amount charged for any services already provided.

6.2.“The Landlord” is not responsible for any inconvenience during the stay connected with structural and building works that can be carried out on the site where the Apartment is situated as well as around it, the interruption, for the reasons “the Landlord” has no responsibility of, in supplies of utilities (among others: electricity, water, central heating) nuisance (in particular noise) from neighbouring properties. 

6.3.“The Landlord” is not responsible for the lack of water, gas, electricity if it is caused by the distribution networks, as well as any failure of a gas boiler, technical and electrical facilities and household appliances which are in the apartment.

 

7. The final provision

7.1. The governing law for disputes between “the Landlord” and “The Tenant” is the Polish Law. In matters not covered by these Terms and Conditions the provisions of the Civil Code dated April 23rd, 1964 are used.[Law Gazette 1964, no 16, item 93 with later amendments].

7.2. Transaction via credit card or e-transfer are settled via the Dotpay Settlement Centre.

7.3.“The Landlord” is the administrator of “the Tenant’s” personal data.

7.4. By making an online reservation, by telephone or by e-mail, "the Tenant" consents to the processing of personal data in order to make the reservation and fulfill the obligations resulting from the provisions of the Act of 29 August 1997 on the protection of personal data [Dz.U. No. 133, item .. 883 as amended. d.]. Personal data are protected as guaranteed by the Act dated 29.08.1997 on the Protection of Personal Data in a way that prevents access to them to third parties. The subscriber has the right to access his / her personal data and update it.

 

 

Headquarters Address: Fuerta S. C.,

ul. Wladyslawa Syrokomli 2

81-742 Sopot, TAX ID: 585-146-27-66