Terms and conditions
GENERAL TERMS AND CONDITIONS OF LEASE
- METHOD OF TEMPORARY USE OF THE PREMISES
(abbreviated as "GTCL")
MS Pro Investments Sp. z o.o., ul. Legnicka 46 lok. 4, 53-674 Wrocław, Tax Identification Number
(NIP) 897-187-54-26, National Court Register (KRS) 00008247372, acting under the business name
MS Pro Apartments, being the party to the Apartment rental agreement for recreation or tourism with the Client, hereinafter referred to as the LENDER.
TENANT - natural person or legal entity, being the party to the contract for temporary use of
dwelling premises (rental agreement of the Apartment for recreation or tourism), which is at the disposal of MS PRO.
MS Pro Investments Sp. z o.o. at www.ms-probiznes.pl, which the TENANT rents for temporary stay for recreational or tourist purposes only.
These General Rental Conditions establish between the parties to the agreement the rules and methods of temporary use of the premises, hereinafter referred to as the General Rental Conditions, abbreviated as the GRC, and constitute an integral part of the Apartment rental agreement for temporary rest or tourism purposes concluded between the Rentee and MS Pro Investments Sp. z o.o., hereinafter referred to as the Lessor, which are available on the web page https://www.ms probiznes.pl/.
The Renting Party declares that the apartments being offered by the Renting Party are offered on the above-mentioned website by virtue of the agreement with the owner of the given residential premises, hereinafter referred to as the Apartment, and that the Renting Party is entitled, as part of the performed management of the lease, to provide services of temporary making the Apartment available to the Rentee for short-term recreational or tourist stays.
As part of the Agreement, the Renting Party undertakes to prepare the Apartment for the Rentee in accordance with the offer visible on the http://www.ms-probiznes.pl/ website selected and accepted by the Rentee, and to make the Apartment available for temporary use, while the Rentee is obliged to become familiar with the content of these GTCs and pay the agreed remuneration along with any additional costs referred to in the booking confirmation.
The Renting Party also provides services accompanying the short-term rental of the Apartment, such as: marketing and advertising, as well as caretaking and cleaning of the above mentioned premises.
In the event of technical problems arising from the current use, the Lessee has at his/her disposal the property management service to which any technical problem should be immediately reported (details are on the notice board in the staircase at the entrance to the apartment building). In this case the Landlord should also be informed immediately.
RINCIPLES OF RESERVATION. BINDING THE PARTIES TO THE CONTRACT
1. Before making/confirming a reservation and concluding the Lease Agreement, the Lessee is obliged to familiarise him/herself with the content of these GTC which is available on the website. Additionally, the GTCB are also displayed in paper form in each Apartment.
2. By accepting a confirmed reservation, the Lessee declares that he/she has familiarized himself/herself with these GTCB, which constitute an integral part of the Lease Agreement.
3. Reservations may be made using the data communications system. In this case, it is prohibited for the Tenant to provide illegal content.
4. The current offer of apartments for short-term tourist rent together with their detailed
description can be found on http://www.ms-probiznes.pl/.
5. Booking of the Apartment can be made by the Lessee in the following ways, i.e.:
5.1. on-line, through the website http://www.ms-probiznes.pl/ using the Booking Calendar located there
6. After booking the Apartment on-line or by e-mail, the Lessee will receive a confirmation of the booking in response to the e-mail from which he/she sent the message, which includes the following information:
- reservation number,
- place of stay (the exact address of the apartment),
- period of stay,
- price of reservation and possible additional charges,
- reservation fee,
- method of payment,
- and a link to the payment.
Acceptance of a booking confirmation (referred to as the Agreement) shall simultaneously signify the establishment of a legal relationship and the binding of the Rental Agreement between the Lessor and the Lessee on the terms and conditions specified in these GTCs, and this shall be effected by clicking on the "acceptance link" placed in the booking confirmation sent to the Lessee or on aconfirmation e-mail sent back after the receipt of the booking confirmation.
In the event of not receiving the booking confirmation, the Lessee should immediately contact the Lessor's reservation department within 24 hours of booking the Apartment in order to confirm the reservation by phone or make another attempt to successfully deliver the confirmation by e-mail.
7. In the event of receiving confirmation of the reservation the Lessee should confirm it within 48h by effectively making the payment indicated on the confirmation received, and in the absence of payment to the Lessor's account, the reservation shall be automatically cancelled.
8. The minimum duration of the Apartment Rental Agreement is 2 days; while booking the
Apartment for a shorter period, the payment is the same as for the minimum duration of stay (i.e. 2 days). If the Apartment is rented for a single period, a service charge of PLN 180 (gross) will be added to the total amount of the Rental.
9. The photos, equipment and facilities of the Apartments and the prices given on the website are for informational reference and advertising purposes only. The actual condition of the Apartment and its rent price is specified each time in the confirmation of the booking.
REMUNERATION AND OTHER FEES
1. The amount of the payment for renting the Apartment for tourist stay is specified each time in the confirmation of the reservation received after submitting the booking request (§ 2, sections 4 and 5 of the GTCs).
2. The fee referred to in § 3 section 1 of the GTCs and specified in the price offer on the website and in the confirmation of the booking includes 8% Value Added Tax (VAT).
3. The fee for renting the Apartment includes:
3.1. The payment for the stay in the Apartment of the number of persons declared by the Lessee, in accordance with the reservation price list and the type of Apartment (other configurations require each time the acceptance of the Lessor).
3.2. use of the wireless Wi-Fi network available in the Apartment.
3.3. parking space in the housing estate, generally available to residents - where applicable.
3.4. 24-hour security, where applicable.
3.5. use of the indoor swimming pool and sauna in accordance with the rules and regulations of the facility, as determined by the facility manager (applies to Superior and De Lux Apartments).
3.6. use of the fitness room as specified above. (Superior and De Lux Apartments).
3.7. Use of the outdoor swimming pool with paddling pool as above. (Superior and De Lux Apartments).
3.8. Use of the playroom for children as above. (Superior and De Lux Apartments).
3.9. Use of the grill house as above. (Superior and De Lux Apartments).
A one-off service charge of PLN 180 will be added to each booking, except for the Standard Plus 2 Apartment (8-person) where the charge will be PLN 250.
4. Additional fees not included in the price for renting the Apartment (§ 3 section 1 and section 3 of the General Conditions of Use) include:
4.1. Mandatory so-called Climate Fee according to the rates established for the city of Kolobrzeg
for the following calendar year.
4.2. Other fees within the price list of allowances available at www.ms-probiznes.pl
5. Additional fees and deposits may be added to the rental fee, indicated on the booking
confirmation and in the GTC.
6. After accepting the booking (§ 2 of the GTCs), the Lessee is obliged to pay the reservation fee amounting to 30% of the Apartment rental fee to the bank account indicated in the booking confirmation within 48 hours.
7. The payment is considered to be made on the date of crediting the Lessor's bank account. In the absence of payment within the specified deadline, the Lessor reserves the right to cancel the reservation.
8. Reservation fee paid after the deadline indicated in the form shall restore the reservation if the Lessor still has vacancies.
9. The remaining part of the payment for renting the Apartment (70%) in the form of payment for the stay in the Apartment, the Lessee is obliged to pay within 14 days before the planned arrival at the Apartment to the bank account indicated in § 3 section 11 of the GTC or on-site during check-in by credit card or cash.
10. Payments may be made as above, i.e.:
- to the Lessor's bank account: account no. mBank mBank 63 1140 2004 0000 3402 7969 3974
- electronically or by payment card via PayU or PayNow Internet service (regulations and details concerning payment methods are available at www.payu.pl, www.mbank.pl
CHANGE AND CANCELLATION OF RESERVATION
- Changing the booking date by the Rentee is possible only if the Apartment is available at the new date proposed by the Rentee. In this case, changing the booking date is not subject to additional payment. Otherwise the booking shall be cancelled due to the fault of the Lessee and the booking fee of 30% of the fee for the stay specified in the booking confirmation shall be retained, subject to the provisions of § 6 of the GTCs.
- Reservation date change referred to in § 4 of these GTCs may be made no later than 14 days before the planned arrival provided that the apartments are available. After this time, changing the booking is considered as cancellation of the booking through the Lessee's fault and § 6 of the General Conditions of Use shall apply.
Reservation date change by the Lessor is possible in the event of force majeure that prevents the Lessor's performance. Force majeure shall be understood as: natural disasters, seizure of the Apartment by any government authority for any purpose, strikes, wars and riots as well as deprivation of electricity, gas, heating energy or water by the Apartment supplier. Under the given circumstances, the Renting Party is obliged to offer the Lessee a change of the reservation date or withdraw from the agreement, thus returning the paid reservation fee to the Lessee. In exceptional situations, in particular when the Apartment is unavailable due to breakdown, renovation or other fortuitous event, the Renting Party reserves the right to provide a replacement Apartment with parameters and area at least similar to the booked Apartment, in the same locality.
The paid deposit shall not be returned. Should the booking be cancelled by the Rentee, the total booking fee shall be retained by the Renting Party as compensation for lost benefits from the renting of the Apartment. In exceptional situations, the Lessor may offer a voucher for the amount of the paid deposit to be used for a stay in MS Pro Apartments for up to 12 months from the date of issue.
WITHDRAWAL FROM THE CONTRACT
The Renter has the right to withdraw from the Rental Agreement without giving any reason within 14 days from the acceptance of the booking confirmation.
If the Rentee exercises his/her right to withdraw from the agreement, he/she is obliged to pay for the services provided to him/her until the moment of withdrawal. This applies both to the payment for preparing the Apartment for its use by the Tenant and the payment for the stay in the Apartment that has already been made.
Withdrawal from the Agreement should be made by e-mail contact indicated in § 9 of the GTCs.
The Agreement cancellation form is enclosed to these GTCs.
THE USE OF THE PREMISES. OBLIGATIONS OF THE TENANT
The first day and the Tenant's stay begins at 4.00 PM on the first day of the reserved period of stay and ends at 11.00 AM on the last day of the reserved period of stay. Check-in, mandatory filling of the Guest Registration Form, and collecting keys to the Apartment are performed between 4.00 PM and 8.00 PM on the first day of the reserved period from the Renting Party or its representative, checking its technical condition and cleanliness, and whether the Apartment corresponds to the offer selected from the http://ms-probiznes.pl/ website. In order to efficiently take over the Apartment, the Rentee is advised to contact the Renting Party or the indicated Apartment Supervisor at least 3 hours before the estimated time of actual arrival at the place.
If arrival is scheduled at times other than the established accommodation hours, the Renter is required to give at least 24 hours notice prior to the day of arrival. Arrival and accommodation in the evening hours (i.e., after 8.00 PM - no later than 10.00 PM) is subject to an additional fee of 100 PLN payable in cash to the person transferring on behalf of the Lessor at the time of arrival.To secure any possible claims for damages, the Lessor shall collect from the Lessee a deposit in the amount of 300 PLN, at the moment of collecting the keys to the Apartment by the Lessee. The deposit is interest free and shall be returned after the end of the Tenant's stay, at the moment of returning keys to the Apartment. Should it prove impossible to check the Apartment in the presence of the Lessee, the Lessor reserves the right to check the Apartment within 3 days of the Lessee's departure, and to return the deposit by bank transfer to the Lessee's bank account within 7 days of checking the condition of the Apartment and excluding any damage caused by the Lessee.
The end of stay and return of the Apartment, including the return of keys takes place until 11.00 AM on the last day of the reserved period.To secure any possible claims for damages, the Lessor shall collect from the Lessee a deposit in the amount of 300 PLN, at the moment of collecting the keys to the Apartment by the Lessee.To secure any possible claims for damages, the Lessor shall collect from the Lessee a deposit in the amount of 300 PLN, at the moment of collecting the keys to the Apartment by the Lessee. The deposit is interest-free and shall be returned after the end of the Tenant's stay, at the moment of returning keys to the Apartment. Should it prove impossible to check the Apartment in the presence of the Lessee, the Lessor reserves the right to check the Apartment within 3 days of the Lessee's departure, and to return the deposit by bank transfer to the Lessee's bank account within 7 days of checking the condition of the Apartment and excluding any damage caused by the Lessee.
The end of stay and return of the Apartment, including the return of keys takes place until 11.00 AM on the last day of the reserved period. Whereas, until 12.00 PM the Rentee is obliged to leave the housing estate where he/she used the Apartment, including the occupied parking space. At the moment of returning the keys to the Apartment, the Tenant actually ends their stay. Exceeding the established hours of check-out of the Apartment, referred to in § 8 section 3 of the General Terms and Conditions shall result in charging another fee for the stay in the Apartment according to the rates as specified in the booking confirmation. For losing a set of keys to the Apartment together with the remote control to the entrance gate the Tenant shall pay a fee in the amount of PLN 500.
For losing the card to the Recreation Complex, the Tenant shall pay a fee of 30 zł per piece.
The Renter is obliged to observe quietness at night, occupational health and safety and fire safety rules of the facility. Between 10.00 PM and 06.00 AM hrs. any behavior disturbing the rest of the residents is prohibited.
The Rentee undertakes to use the Apartment in accordance with its intended purpose, not to remove any elements of its equipment and decoration, as well as undertakes not to copy the keys to the Apartment given to him for the duration of the stay. Smoking in the apartments is strictly prohibited for failure to comply with this prohibition Tenant will be charged a contractual penalty of PLN 500.The Rentee is obliged to secure the Apartment every time he or she leaves it, by locking the windows and entrance door with the key, and to take care of the key. Tenant bears the legal consequences for failure to comply with this obligation, which involves the obligation to repair damage (eg flooding of the premises) caused to the Lessor on the general principles provided for in the Civil Code.
The Rentee is fully responsible for all the persons using the Apartment during his/her stay, and therefore is obliged not to exceed the number of persons staying with him/her in the Apartment that was declared by the Rentee while booking. If the number of guests using the Apartment declared by the Rentee is exceeded, the Rentee will be charged an additional fee of 500 PLN/person. The Rentee undertakes not to keep animals in the Apartment without the consent of the Lessor contained in the confirmation of reservation, under penalty of a contractual penalty of 500 PLN. The Lessee and persons accompanying him/her are obliged to allow the Lessor to temporarily register them in the Apartment.
In case of using the Fitness&Spa area the Lessee is obliged to observe the rules and regulations of the Swimming Pool Complex available at www.ms-probiznes.pl.
In the event of breaching the rules set forth in this paragraph, the Lessor shall have the right to deduct from the retained security deposit the fee for the stay of an undeclared person, the costs of bringing the Apartment to its original or proper condition, as well as other damages.
If the amount of damage caused by the Lessee exceeds the value of the deposit paid or the value of the agreed contractual penalties, the Lessee is obligated to repair the damage according to the general rules provided for by the Civil Code if the damage exceeds the value of the contractual penalties. In the case of damage, the Lessee undertakes to complete and sign the Damage Form in the presence of the Lessor, his/her representative, or a designated Apartment Supervisor.
In the event of an exceptionally gross or hooligan breach of the rules defined in this clause, the Renting Party shall have the right to terminate the Agreement with immediate effect and remove the Rentee along with the persons accompanying him/her from the Apartment, if necessary accompanied by the police. Under the circumstances, the fee for stay in the Apartment is not refundable in any part.
The Lessor is not responsible for the items, including valuables left by the Lessee in the Apartment for the period of his/her stay, as well as after the end of the stay. Items found in the Apartment after the end of the Tenant's stay shall be returned to him/her at his/her own expense, provided that the Tenant's legal title to the found items is confirmed.
The lessor MS Pro Investments Sp. o.o. uses the following contact data:
a. phone number: +48 570-444-690, +48 601-444-690,
b. website address: http://www.ms-probiznes.pl/
The owner of the www.ms-probiznes.pl is MS Pro Investments
Sp. z o.o. based in Wrocław. The owner is also entitled to all property rights, including copyrights to this service.
The Lessee shall have the right to lodge a complaint about the service and to pursue claims on this account in accordance with the applicable provisions of law. To be considered, a complaint must be submitted in writing to the address available on the website in the "Contact" tab.
Complaints shall be considered within 30 days of their receipt. Information on the result of
considering the complaint shall be sent to the Renter at the electronic mail address or postal address indicated by him/her. In the case of accepting the complaint, the Renter shall receive a monetary compensation in the amount proportional to the damage suffered.
If the Renter does not accept the complaint of the Rentee, and he is a Consumer according to the provisions of the Civil Code and does not agree with his decision, he may turn to the District Consumer Ombudsman in Kolobrzeg or take legal action to pursue any claims.
In matters not regulated by the Agreement and GTC the provisions of the Civil Code shall apply. Any disputes and claims arising from the conclusion of the Agreement on the basis of GTC shall be settled by the District Court for Wrocław-Fabryczna in Wrocław.