Rules and Regulations

I. General Provisions:

The rules and regulations below define the conditions and terms of using the service provided at SleepingInKrakow.com, and especially booking of apartments as performed by persons visiting it. The condition necessary to use the service is acceptance of entire Rules and Regulations below. Clicking the “Accept” button while visiting any website of the Service means acceptance of Rules and Regulations. In no circumstances should the Service or its Owner be construed as a party in Apartment Rental Agreement concluded through the Service with the Renting Party. The parties to the Apartment Rental Agreement, unless its content clearly stipulates otherwise, are the Client and the Renting Party.

II. Definitions:

Whenever the terms contained in this chapter are spelt with a capital letter in these Rules and Regulations, they are to be construed in the meaning defined below in this chapter, unless stated otherwise in the contents of Rules and Regulations.

  • Diamond Hill – owner of the Service.
  • Service – the websites to be found at: www.SleepingInKrakow.com / www.SleepingInCracow.com / www.AlojamientoEnCracovia.com / www.NoclegiWKrakowie.com / www.SlapenInKrakau.com / www.UbernachtungInKrakau.com / www.PrenociscavKrakovu.com that belong to Diamond Hill, where the offer of the Renting Parties is presented, and through which the Client may perform Booking of a selected Apartment, and conclude the Rental Agreement with the Renting Party.
  • Client – a natural and/or legal person, and/or any other entity performing the Booking of Apartment through the Service or using other Features offered therein.
  • Feature – a service that the Client can use through the Service that is provided by Diamond Hill, Renting Parties or any other businesses, entities all persons who have concluded appropriate agreements in this scope with Diamond Hill.
  • Apartment – a residential apartment offered for rent by the Renting Party through the Service.
  • Rental Agreement – an agreement for renting the Apartment, concluded for a defined period of time by the Client with the Renting Party through the Service, whose integral part are the stipulations of these here Rules and Regulations, and especially those named in the chapter III.
  • Length of Stay - the duration for which the Client concludes the Rental Agreement with the Renting Party, defined in days, with the definition of the day being provided in the Rules and Regulations, and defined by the Arrival Date and Departure Date,
  • Arrival Date – the calendar day being the first day of the Length of Stay,
  • Departure Date – the calendar day being the last day of the Length of Stay,
  • Rental Price – the price for renting the Apartment, which the Client is bound to pay from the title of concluding the Apartment Rental Agreement with the Renting Party for the Length of Stay of his or her choice; it is the number of days multiplied by unit price for the renting of the given Apartment for a single (one) day; the price may vary depending on the season and number of persons staying in the Apartment,
  • Booking – booking of the Apartment selected by the Client, performed by the Client for a defined period of time; it is binding for the Client and the Renting Party provided it has been concluded in accordance with the stipulations of the Rules and Regulations and – optionally – with other additional conditions (riders).
  • Renting Party – the owner of the Apartment or its administrator under a legal title other than ownership, the other – besides the Client – party to the Rental Agreement.

III. Contractual Provisions - The Rental Agreement:

The scope of the Rental Agreement

    The price of renting the Apartment for one day stated on the websites of the Service includes:
  • the costs of water, gas, and electric energy used by the Client, and the cost of refuse removal from the Apartment,
  • clean towels and full bed linen (1 set for each week of the Length of Stay),
  • subscription fee for Internet access (should the Apartment be provided with such access), and subscription fee for satellite TV.
    The price does not include:
  • transfer of the Client to and/or from the Apartment on the Arrival Date and/or on the Departure Date,
  • board and catering,
  • any other arrangements for the stay.

Should the Client which so, the Service may – according to the rules defined in a separate agreement – provide the Client with additional services not included in the Rental Price of the Apartment.

Booking

Booking the Apartment is performed through the Service by filling in an appropriate booking form available from the Service’s websites. While filling in the form, the Client is obliged to provide true and accurate data, including especially contact e-mail address, and also to nominate the chosen Apartment and define the Booking dates. The Client is liable for providing true and accurate e-mail address that he or she has permanent access to. This address shall be used by the Service and/or Renting Party for contact purposes. The Client shall bear all the consequences resulting from providing mistaken, incomplete and/or false data. Neither Diamond Hill nor the Renting Party shall be held responsible for any consequences resulting from the fact of providing mistaken, incomplete and/or false data by the Client.

While performing the Booking, the Client is bound to make an advance payment amounting to 17% of the entire Apartment Rental Price. The preferred form of paying the advance payment is Paypal (www.paypal.com) payment to the account of Diamond Hill. Should this form of payment be used, the booking is complete at the conclusion of payment, i.e. when Diamond Hill has received an appropriate notification from the Paypal system. The payment of the advance payment may also be performed in the form of direct bank transfer to one of Diamond Hill’s accounts (in PLN, GBP, USD) or (EURO). In order to complete the booking, it is necessary to send a confirmation immediately to the e-mail address office@SleepingInKrakow.com or by fax to the number +48 (12) 378 3254. In this case, Booking is completed when Diamond Hill receives the confirmation statement mentioned above or when Diamond Hill’s account has been credited with the advance payment mentioned above.

Data for transferring the money directly to Diamond Hill’s bank account:

account No. for transfers in EUR
Diamond Hill Bielak Maciej Zygmunt
ul. Halczyna 3
30-086 Kraków
Polska
KOD SWIFT INGBPLPW
IBAN PL 30 10501445 1000002314432309

account No. for transfers in PLN, GBP, USD
Diamond Hill Bielak Maciej Zygmunt
ul. Halczyna 3
30-086 Kraków
Polska
KOD SWIFT INGBPLPW
IBAN PL 32 10501445 1000002259085625

The remaining part (i.e. 83%) of the Rental Price is to be paid at the latest on the Arrival Date while collecting keys to the Apartment, either directly to the Renting Party, or to the person transferring the Apartment to the Client on behalf of the Renting Party, unless the parties to the Rental Agreement decided otherwise. Additionally, while transferring the Apartment to the Client, the client pays a deposit.

Once the Booking has been completed, the Service sends Booking confirmation to the Client’s contact e-mail defined in the booking form. The Booking confirmation includes a summary of information on the Rental Agreement concluded by the Client with the Renting Party. The Booking confirmation includes also contact data of the Service and the Renting Party, which the client is obliged to use to notify the Service, and optionally also the Renting Party of any information and/or comments that may have any influence upon the proper conclusion of the Rental Agreement (especially delays in arriving at the Apartment, changes in the number of persons, Length of Stay, cancellations, complaints, etc.).

Reception of Booking confirmation by the Client means concluding a Rental Agreement for the Apartments selected by the Client with the Renting Party according to the conditions defined in these here Rules and Regulations.

Changes and/or cancellation of the Booking

It is possible to change and/or cancel Booking in the cases defined in the point below, solely in full accordance with its stipulations.

  • changing the Length of Stay – not later than 14 days before the beginning of the stay, should the given Apartment be available for rent
  • increasing the number of persons – should such accommodation be available
  • decreasing the number of persons - not later than 7 days before the Arrival Date; in this case the Apartment Rental Price shall be appropriately modified
  • extending the Length of Stay – should the given apartment be available for rent

Booking cancellation

Cancelling the Booking is possible and triggers the charges defined below; the charges depend on the time of cancellation, and no advance payment made while performing the booking can be returned in the event of cancellation.

the date of cancellation cancellation charge
more than 14 days before the Arrival Date 17% of the Rental Price
14 or fewer days before the Arrival Date 100% of the Rental Price

Changing the Client:

Changing the (previous) Client to another (new) Client is possible after its terms have been agreed with the Service and the Renting Party. The condition necessary for such a change is the acceptance of all the stipulations of the Rental Agreement concerning the apartment selected by the previous Client, and especially these here Rules and Regulations, by the new Client. In the event of such a change being made, the previous Client and the new Client agree to the assume of all the rights and obligations resulting for the previous Client from the Rental Agreement he/she contracted by the new Client. The concession to the change of the Client may depend on taking over joint liability for all the obligations resulting from the title of the change being made for the new Client by the previous Client.

Arrival Date

The Apartment being the subject of the Rental Agreement is made available to the Client by the Renting Party from two o’clock in the afternoon (14:00) on the Arrival Date. Planning arrival at the apartment at any other time, the Client is obliged to notify the Service of such a fact at least three days prior to the Arrival Date. In case of unforeseen situations (delays in transportation that are independent of the Client, etc.), the Client is obliged to inform the Service and/or the Renting Party about such a situation immediately. Apartments are transferred from two o’clock in the afternoon (14:00) to ten o’clock at night (22:00). Transferring at other times is possible in the cases listed above for additional price amounting to 50% of the Rental Price for the given Apartment for the first day of its renting, counted from the Arrival Date. Should the client fail to reach the Apartment on the Arrival Day at the time of transferring the Apartment or at any other time agreed with the Service and/or the Renting Party, the Client is obliged to notify the Service and/or the Renting Party immediately. In this case, the Rental Price is not reduced by the amount equivalent to the unused part of the Rental Agreement or any other amount. The client receives the appropriate contact data of the Service and the Renting Party in the booking confirmation sent to the Client’s contact e-mail address.

The Apartment is transferred to the Client directly at the address of the given Apartment. Transfer of the Apartment means the transfer of the keys to the apartment by the Renting Party or another person acting on the Renting Party’s behalf. The fact of transferring the Apartment should be confirmed by the Client in the transfer protocol, which lists the condition and furnishings of the apartment in detail.

During the transfer of the Apartment, the Client is obliged to name all the persons to use the apartment throughout the Length of Stay. The Renting Party and/or the person transferring the Apartment on behalf of the Renting Party is entitled to check the identity of the Client and/or persons nominated by the Client named in the preceding sentence. This is to be done especially by taking down appropriate data of the Client and such persons from the appropriate proofs of identity, e.g. passport, driving licence, etc.

While transferring the Apartment, a deposit from the titles of security against potential damages to the Apartment and/or payment for the delay in leaving the apartment is charged. The amount of the deposit is defined individually by the Owner of the Apartment. The deposit is returned in its entirety, on condition the Apartment is transferred back to the Renting Party by the Client on the Departure Date on time, and lack of any damages performed by the Client to the Apartment, or having those covered not later than while transferring the Apartment to the Renting Party on the Departure Date.

The Client is obliged to pay the entire Rental Price not later than at the transfer of the Apartment on the Arrival Date.

Length of Stay

The Apartment remains at Client’s disposal throughout the Length of Stay.

The Client should keep the Apartment in appropriate technical and aesthetic condition, as well as follow the principles of good neighbourhood.

The Client should immediately address all comments and questions related to the Apartment to the Service or Renting Party, using the contact data quoted in Booking confirmation. All the reservations concerning the completion of the Rental Agreement by the Renting Party should be immediately notified to the Service, as far as possible in the written form.

Throughout the Length of Stay, only the persons named by the Client at the transfer of the Apartment on the Arrival Date are allowed to stay in the Apartment. Should an additional person or a person replacing one of those named at the transfer of the Apartment on the Arrival Date stay overnight in the Apartment, the Client is obliged to notify the Renting Party about the fact and to acquire appropriate consent. Should the Service or the Renting Party discover any violation of the conditions set forth in this paragraph, the Client shall pay an additional fee equal to the full Rental Price for the given Apartment for every additional and/or different person, whose stay in the Apartment violates the stipulations of this paragraph, calculated for the day(s) of the said violation.

Unless stated otherwise in the description of the Apartment, the Renting Party agrees to the stay of animals in the apartment on earlier written (or e-mailed) notification of the fact to the Service or the Renting Party, stating the animal data, and especially its species and breed. The animal should be provided with appropriate veterinary documents, together with a clear statement of the vaccinations performed. Keeping animals that have not been reported in the manner described above, and/or animals generally considered aggressive, and/or dangerous for the health of persons to a degree greater than average, and/or any animals without appropriate veterinary documentation and/or valid vaccinations and veterinary statements in the Apartment is explicitly forbidden. Violation of the obligation to report or prohibition of keeping an animal that fails to meet any of the conditions stated above, independent of the Renting Party’s right to instantaneous termination of the Rental Agreement with immediate effect and without the obligation to returning any payments made by the Client towards the Rental Price, results in the obligation of the Client to pay to the benefit of the Renting Party a fee amounting to the full Rental Price for the entire Length of Stay. Animals may not disturb the peace of other of residents of the building. It is forbidden to leave unaccompanied animals in the Apartment. The Client bears liability, both civil and financial, for all and any damages caused by the animal, independent from the liabilities of the owner or guardian of the animal. Irrespective of the Client’s obligation to compensate for the damages caused by the animal, the Client shall pay the Service a fee equal to the Rental Price for the Length of Stay.
Choose the apartment to see if the animals are accepted there.

If not stated otherwise, children under 5 years of age (but no more than one child per two adults – or one if you he or she is the only adult person to stay in the Apartment during the Length of Stay) do not pay for staying in the Apartment, provided they sleep in an own bed or together with their parents, and do not require additional bed linen. In cases mentioned in the description of each Apartment, there is an option to rent a child’s bed together with linen for an additional price

Departure Date

Before transferring the Apartment on the Departure Date, the Client should wash the dishes and cutlery, and take off the bed linen. Should the Apartment be transferred to the Renting Party on the Departure Date with a violation of the above, the amount of 21 GBP will be deducted from the deposit under the title of cleaning the Apartment.
The client must leave the Apartment and transfer it to the Renting Party or a person acting on its behalf not later than at 11:00 on the Departure Date, unless agreed otherwise by the Client with the Renting Party and/or the Service.
Should this deadline be exceeded, the Client is obliged to pay the Renting Party 50% of the daily Rental Price for the given Apartment (calculated for the Apartment in question for the day when violation of the deadline for transferring the Apartment by the Client to the Renting Party occurred).

Client’s Liability

  • The Client shall be liable for any damages to the Apartment done by the Client as well as persons and animals who the Client allowed, even indirectly, access to the Apartment. The client bears all the liability for the manner of using the Internet connection in the Apartment, and especially for the type and content of information transferred by its means.
  • Independent of civil liability, the Client or any third party being the perpetrator shall bear the penal liability envisaged in the Law of Poland and the law of the Client’s or the perpetrator’s country of origin. The Service and the Renting Party are obliged to notify appropriate organs immediately of all and any acts committed by the client and/or any other third parties that entail criminal liability.
  • Any fees (contractual damages) provided for in the Rules and Regulations shall not exclude the possibility for the person who suffered damage as a result of the Client’s actions or omissions to seek the redressing of damages in full amount according to the general principles of Law.

Liability of the Service

  • All and any information provided in the Service, and especially concerning the apartments, has been published with all due diligence concerning its correctness and up-to-dateness. All the information concerning the Apartments as well as Features has been published on the grounds of data – including photographs, descriptions, and other – provided to the Service by the Party Renting the given Apartment, and/or by the Feature Providers.
  • The Service bears no liability for potential damages incurred by the Clients as a result of incorrect information being provided in the Service.
  • In no event is the Service a party to the Rental Agreement. The Service bears no liability for correct conclusion of the Rental Agreement on behalf of the Renting Party.
  • The Service bears no liability whatsoever for damages to the property or persons incurred by the Client and/or other third parties in connection to the conclusion of the Rental Agreement.
  • The Client should have a valid and appropriate personal insurance (purchased independently of the Service), and especially accident/casualty insurance.
  • In any case, on any legal grounds, the liability of the Service towards the Client, connected even indirectly with the Client’s use of the Service, shall be limited to the amount of the advance payment towards the Rental Price made by the Client while Booking or the amount of such advance payment as the Client should have paid in accordance with the point 2 of these Rules and Regulations, whichever is the lesser.

Applicable Law

  • All disputes that might result between the Client and the Service, the Client and the Renting Party, and/or the Client the Service and the Renting Party on the grounds of concluding the Rental Agreement or from the title of using the Service, even indirectly, by the Client, parties to such a dispute shall solve it by way of arbitration.
  • Should the dispute not be solved through arbitration, the parties to the dispute will apply solely the Law of Poland, i.e. the law applicable for the place of concluding the Rental Agreement, for its solution, and the appropriate court shall be a common court of law of jurisdiction competent for the seat of the Service or the Renting Party, or the address of the Apartment. Should the Service be a party to the dispute, the Service shall be entitled to select the court of competent jurisdiction, while in the other cases the right to select it shall stay with the party bringing the action.