Terms and Conditions

§ 1 Preliminary Provisions

The Regulations define the rights and obligations of the Customer and the Service Provider in the scope of booking and short-term rental of Blue Mandarin apartments.
The Regulations constitute an integral part of the short-term rental agreement of Blue Mandarin Apartments concluded via the Website http://bluemandarin.pl and the booking form placed therein or by other means of electronic communication, or using portals intermediating in concluding agreements with the Service Provider.

§ 2 Definitions

The definitions used in the Regulations should be understood as follows:
 

• Service Provider - Maciej Wąsik conducting business under the name Play Media Maciej Wąsik at the address: Malbork, Stogi 20a Street, NIP: 5792033689, contact: info@bluemandarin.pl, +48 794 52 52 51
• Customer - any entity that uses the short-term rental of Blue Mandarin Apartments. The Customer can only be an adult.
• Consumer - a natural person concluding an agreement with the Service Provider within the Website, the subject of which is not directly related to the business or professional activity of that person.
• Entrepreneur - a Customer conducting business activity within the meaning of the provisions of the Act of 6 March 2018 - Entrepreneurs' Law.
• Website - a website run by the Service Provider at http://bluemandarin.pl.
• Reservation - a declaration of will of the Client submitted using the Reservation Form or electronically and aimed directly at concluding a Short-Term Rental Agreement with the Service Provider.
• Agreement - a distance contract concluded with the Client as part of an organized system of concluding distance contracts (especially within the Website), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
• Regulations - these regulations for booking and short-term rental of Blue Mandarin Apartments.

§ 3 Subject of the Agreement

• The subject of the agreement is the short-term rental of an apartment offered by the Service Provider via the Website or intermediary portals used to conclude agreements with the Service Provider (e.g., Airbnb, Booking.com).
• The Service Provider is obliged to provide the Client with an apartment consistent with the description included on the Website or intermediary portal used to conclude agreements with the Service Provider and within the time specified in the Reservation, and the Client is obliged to pay the price for the service specified in the Reservation.
• The Agreement covers only the rental of the apartment. The Service Provider does not provide any additional services to the Client, i.e., in particular transport, tourist, or catering services.

§ 4 Reservation

• An apartment reservation can be made:

• Making a reservation by the Client via the Website, email or intermediary portal for concluding agreements with the Service Provider is tantamount to accepting the Terms and Conditions and constitutes the conclusion of a Short-Term Apartment Rental Agreement between the Client and the Service Provider on the terms specified in the Terms and Conditions. The Client makes a reservation by indicating the specific date of commencement of the stay and the specific date of the end of the stay, as well as indicating the specific apartment.
• The number of people who will stay in the apartment is indicated by the Client during the Reservation.
• The Service Provider will immediately confirm the possibility of making a Reservation by sending the Client an email with confirmation and details of the Reservation.
• The Client is obliged to pay a deposit of 50% of the price of the stay to the account number provided in the Reservation confirmation within the time limit specified in the confirmation.
• The Client may cancel the apartment reservation by contacting the Service Provider at the address: info@bluemandarin.pl.
• In the event of cancellation of the reservation up to 7 days before the date of commencement of the stay, the Service Provider will refund the deposit to the Client to the bank account indicated by him.
• In the event of cancellation of the reservation after the aforementioned deadline, the Client is not entitled to a refund of the deposit.
• In the event of no cancellation of the reservation or cancellation on the day of commencement of the stay or later, the Client will be obliged to pay the entire fee for the stay in accordance with the Reservation made.

• The stay in the apartment begins no earlier than 3:00 p.m. on the first day of the stay specified in the Reservation and ends on the last day at 11:00 a.m.
• Earlier check-in is possible after prior contact with the Service Provider and subject to apartment availability.
• Check-in between 3:00 p.m. and 8:00 p.m. is free of charge. Check-in after 8:00 p.m. is subject to an additional fee of PLN 100.
• The apartment is handed over on the basis of an identity card presented to the Service Provider or its employee and by handing over the keys.
• The Service Provider or its representative has the right to refuse to hand over the keys to the apartment if the Customer is under the influence of alcohol or drugs, or is behaving aggressively.
• The apartment is handed over on condition that the Customer pays the fee for the entire stay.
• The Client is obliged to report any faults and deficiencies found in the apartment to the Service Provider immediately on the day of the start of the stay.
• The Blue Mandarin Apartments are subject to a curfew from 10 p.m. to 6 a.m.
• The Service Provider accepts pets in the apartment. The Client is financially liable for any damage caused by the pet.
• The Client is obliged to use the apartment in a manner consistent with its intended use, the conditions specified in the Regulations and the principles of social coexistence, in particular in a way that does not disturb the peace of third parties.
• The Client is obliged to properly secure the apartment, carefully close the entrance door every time they leave it, and carefully store the keys and not share them with third parties.
• The Service Provider has the right to terminate the agreement with immediate effect if the Client, their guests or an animal under their care behaves in a way that disturbs the peace or threatens the safety of third parties. In such a case, the fee for the stay is not refunded to the Client.
• Smoking and using open fire is strictly prohibited in Blue Mandarin Apartments. In case of breaking the ban, the Client will be charged PLN 500.

§ 6 Fees and Deposit

• Current prices for short-term rental of Blue Mandarin Apartments are provided on the Website and on intermediary portals used to conclude agreements with the Service Provider.
• The Client is obliged to pay the fee for the stay on the day of commencement of the stay.
• The Client is obliged to pay the so-called climate tax, which is PLN 3.31 per person, per day.
• The Client is obliged to pay a damage deposit of PLN 500. The deposit is secured in the form of a pre-authorization on the Client's payment card.
• If the Service Provider finds any damage to the apartment that was not recorded when the apartment was handed over, the Client is obliged to cover the damage. The foregoing does not prevent the Service Provider from claiming compensation on general terms.
• The Client has the option of renting a parking space in the underground garage, which is payable at PLN 50 per day. Places are allocated depending on current availability.
• A stay with an animal is subject to an additional fee of PLN 100.

§ 7 Liability

• The Service Provider is liable for non-performance or improper performance of the Agreement, unless the non-performance or improper performance is caused solely by the action or omission of the Client. 
• The Client bears financial responsibility for any damage or destruction in the apartment caused by the Client and people and animals staying under their care.
• The Client is not liable for damages caused as a result of Force Majeure.
• The Service Provider is not financially liable to the Client for random events not arising from the direct fault of the Service Provider. Any such event should be reported to the Service Provider immediately. The fee will not be refunded for shortening the stay for this reason.
• The Service Provider is not responsible for the loss or damage of items brought into the apartment by the Client or other persons using the apartment (especially valuables) and is not liable for any damage resulting from the use of the apartment by the Client.
• The Service Provider is not responsible for the loss or damage of the vehicle left by the client in the underground garage or in external parking spaces.

§ 8 Complaint

• In the event of finding a service inconsistent with the Agreement, the Client has the right to submit a complaint and pursue claims in this respect in accordance with applicable legal regulations.
• The Client should submit a complaint to the Service Provider in writing or electronically within 30 days from the end of the stay.
• The complaint will be considered by the Service Provider within 30 days of its receipt, and information about the result of its consideration will be sent to the Client to the email address or postal address indicated by them.
• If the complaint is accepted, the Tenant will receive financial compensation in the amount proportional to the damage suffered.
• If the complaint is not accepted by the Service Provider, and the Client who is a Consumer does not agree with this decision, they may contact the Poviat Consumer Ombudsman or take legal action to pursue any claims.

§ 9 Personal Data

• Personal data provided to the Service Provider by the Client as part of the Reservation made are processed for the purpose of performing the short-term rental agreement concluded remotely via electronic communication. Providing personal data (in particular name and surname, address of residence, contact telephone number, email address) by the User is voluntary, but necessary for the User to be able to conclude an agreement with the Service Provider.
• The data administrator is the Service Provider, i.e. Maciej Wąsik conducting business activity under the business name Play Media Maciej Wąsik at the address: Malbork, Stogi 20a Street, NIP: 5792033689, contact: info@bluemandarin.pl, +48 794 52 52 51.
• The rules for the processing of personal data are set out in the Privacy and Cookie Policy available at Privacy Policy. 
• On the day of commencement of the stay and handover of the keys to the apartment, the Service Provider or their representative is entitled to request the Client to present their ID card or passport in order to confirm the Client's personal data.

§ 10 Final Provisions

• The law applicable to disputes between the Service Provider and the Client is Polish law.
• The Client declares that they have been informed of the content of Article 38 point 12 of the Act of 30 May 2014 on consumer rights, according to which in the case of contracts for the provision of services in the field of accommodation, other than for residential purposes, the consumer is not entitled to the right to withdraw from a distance contract provided for in Article 27 of this Act.
• The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment methods and the method of providing the service, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. Amendments enter into force on the date of their publication on the Website.
• The version of the Terms and Conditions in force on the date of conclusion of the agreement shall apply to agreements concluded before the amendment of the Terms and Conditions.
• In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Law on Entrepreneurs, the Act on Consumer Rights and the General Data Protection Regulation and the Act on the Protection of Personal Data. 
• The Terms and Conditions enter into force on December 28, 2022.