Terms and Conditions
Terms and Conditions
I. GENERAL PROVISIONS
1. These Terms and Conditions define the method of concluding a short-term rental agreement, the rules of settlement, and the cancellation of reservations as part of the Service provided electronically by the Service Provider.
2.These Terms and Conditions are the regulations referred to in Art. 8 section 1 point Act 1 of 18 July 2002 on the provision of services by electronic means.
II. DEFINITIONS
Service Provider - OTIS INVESTMENT LIMITED LIABILITY COMPANY, 8971152828, ul. Szewska 6-7, 50-053, Wrocław
Offer - accommodation offered by the Service Provider in order to conclude a short-term rental agreement via the Website.
Guest - a natural person with full legal capacity, a legal person or an organizational unit referred to in Art. 331 of the Civil Code, concluding a short-term rental agreement with the Service Provider.
Short-term rental agreement - a legal act concluded via the Website at the time of confirmation of the reservation, regulating all mutual rights and obligations of the Service Provider and the Guest. These Terms and Conditions constitute an integral part of the concluded contract. The provisions of the Act of 21 June 2001 do not apply to this contract. on the protection of tenants' rights and the municipal housing resources.
Website - presentation of the Service Provider's Offer on the Internet, enabling the conclusion of an online short-term rental agreement;
Electronic Reservation Form - a form available on the Website enabling the conclusion of a Short-term Agreement;
Total Price of the Service - the total price of the service indicated when making the reservation, including all liabilities resulting from the concluded Short-term Rental Agreement in respect of taxes and all public levies.
Privacy and Cookie Policy of the Website - a document specifying detailed rules for the processing of personal data and the use of cookies.
III. GENERAL PROVISIONS
1. Types and scope of services provided electronically:
a. concluding a short-term rental agreements;
b. sending e-mails in which the Service Provider confirms the creation of a reservation along with its terms and the payment deadline;
c. rules for registering and using the Account within the Service.
2. The use of the Website is possible provided that the information processing system used by the Guest meets the following minimum technical requirements:
a. Internet browsers, i.e. Firefox, Chrome, Internet Explorer in the latest version,
b. any program for viewing PDF files,
c. having an active and properly configured e-mail account.
IV. METHOD OF CONCLUSION OF THE AGREEMENT
1. The subject of the Agreement is the rental of accommodation offered by the Service Provider via the Website. The contract is concluded via the Electronic Reservation Form in the following consecutive steps - the Guest precisely indicates the start and end date of the stay, selects the place of accommodation, declares the number of people.
2. Once the Guest has provided all the necessary details, a summary of the reservation will be displayed. In order to make a reservation, it is necessary to provide personal data marked as mandatory in the Electronic Reservation Form, accept the Terms and Conditions, and send the reservation by clicking the [Place an order] button.
3. The short-term rental agreement is deemed to be concluded at the time of acceptance of the Electronic Reservation Form by the Service Provider, which is confirmed by the display of a message confirming the acceptance of the reservation and providing its number.
4. After concluding the agreement, the Guest receives an e-mail containing confirmation of the concluded agreement together with an indication of all its important provisions, in particular the Total Price of the Service, the date and method of payment and the conditions of acceptance and cancellation of the reservation. If prepayment is required, its deadline is indicated together with information on the consequences of not meeting the payment deadline. Failure to make the prepayment within the time specified in the e-mail message will result in the cancellation of the reservation and the Service Provider's withdrawal from the concluded Short-term Rental Agreement without setting an additional deadline for the provision of the service.
5. It is prohibited to sublet the accommodation that is the subject of the Offer or to transfer or make it available to third parties.
V. CANCELLATION AND CHANGE OF RESERVATION
1. Failure to perform the activities described in the message containing confirmation of acceptance of the reservation within the required deadline will result in automatic cancellation of the reservation and withdrawal by the Service Provider from the concluded Agreement without setting an additional deadline for performance.
2. Cancellation or modification of reservation is possible via the link contained in the e-mail or by contacting Customer Service. Using the link in the e-mail enables automatic, immediate cancellation of the reservation under the terms accepted during the ordering process in the Electronic Reservation Form.
VI. COMPLAINTS
1. In the event of a provision of services that is not in accordance with the Agreement, the Guest should submit any complaints in writing or by e-mail within 14 days of the end of the stay.
2. The complaint should include the Guest's data: name, surname, e-mail address provided during the reservation, indication of the problem.
3. The Service Provider will consider the complaint within 14 days of its receipt, and will inform the Guest about this in the same form: in writing or electronically.
4. If the information provided in the complaint requires supplementation, the Service Provider will request its supplementation within the time limit set for considering the complaint. The period of time set for the Service Provider referred to in point 3 starts from the moment of receiving the supplemented complaint.
5. In the event of a complaint getting refused, the Service Provider is obliged to provide detailed justification in writing or electronically for the reasons for the refusal.
VII. FINAL PROVISIONS
1. The person making the online reservation is responsible for the accuracy of the data provided in the Electronic Reservation Form. The Service Provider is not responsible for an incorrect selection of the date or incorrectly entered data in the form. If you notice any irregularities that cannot be corrected by editing the reservation, please contact the Service Team immediately.
2. Contact details are available in the ""Contact"" tab, at the top of the booking calendar and in e-mails.
3. The agreement is subject to the Polish law.
4. The Customer declares that he has been informed of the content of Art. 38 point 12 of the Act of 30 May 2014 on consumer rights, according to which in the case of a contract for the provision of accommodation services other than for residential purposes, the consumer is not entitled to, as specified in Art. 27 of this Act, the right to withdraw from a contract concluded at a distance
PRIVACY AND COOKIE POLICY OF THE WEBSITE
I. Data controller and definitions
1. The administrator the personal data of the Guests/Users of the Website is: OTIS INVESTMENT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, +48 882825528, 8971152828,
2. You can contact the Data Controller at the following address: ul. Szewska 6-7, 50-053, Wrocław at the following e-mail address: recepcja@miloapart.com
3. Website User - a natural person entering the website/websites presenting the Offer and enabling the conclusion of a short-term rental agreement or using the services or functionalities described in this Privacy and Cookie Policy;
4. Service Provider - OTIS INVESTMENT LIMITED LIABILITY COMPANY, 8971152828, ul. Szewska 6-7, 50-053, Wrocław;
5. Offer - accommodation offered by the Service Provider in order to conclude a short-term rental agreement via the Website.
6. Guest - a natural person with full legal capacity, a legal person or an organizational unit referred to in Art. 331 of the Civil Code, concluding a short-term rental agreement with the Service Provider;
7. Website - presentation of the Service Provider's Offer on the Internet, enabling the conclusion of an online short-term rental agreement;
8. Newsletter - information, including commercial information within the meaning of the Act of 18 July 2002. on the service provision by electronic means (Journal of Laws of 2020 position 344) from the Service Provider sent to the Guest/User electronically; its receipt is voluntary and requires the consent of the Guest/User.
9. Account - a set of data stored on the Website and in the Service Provider's IT system concerning a given Guest/User and the reservations made by them and the agreements concluded, with the use of which the Guest/User of the Website may place orders and conclude agreements.
10. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
II. Purposes, legal basis and duration of data processing
1. In order to execute the Distance Short-term Rental Agreement, the Service Provider processes: information about the User's device in order to ensure the correct operation of the services: the computer's IP address,
1. information contained in cookies or other similar technologies, session data, web browser data, device data, data on activity on the Website, including on individual webpages;
2. information about geolocation, if the Guest/User has consented to the service provider's access to geolocation. Geolocation information is used to provide more tailored product and service offers.
3. the User's personal data: name, surname, registered office address, correspondence address, e-mail address, telephone number, Tax Identification Number, bank account number or other personal data, the provision of which is necessary to complete the purchase and which the Controller requires to be provided in the reservation process.
2. This information does not contain data regarding the identity of Guests/Users, but in combination with other information may constitute personal data and therefore the Controller provides it with full protection under the GDPR.
3. This data is processed in accordance with Art. 6 section 1 letter b GDPR, in order to provide the service, i.e. electronic service provision agreements in accordance with the Terms and Conditions and in accordance with Art. 6 section 1 letter a GDPR, in connection with giving consent to the use of certain cookies or other similar technologies, expressed through appropriate web browser settings in accordance with the Telecommunications Law or in connection with giving consent to geolocation. The data is processed until the Guest/User ends their use of the Website. The Controller undertakes to take all measures required under Article. 32 GDPR, i.e. taking into account the state of technical knowledge, the cost of implementation and the nature, scope and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with varying probability and severity, the Controller implements appropriate technical and organizational measures to ensure a level of security appropriate to this risk.
III. Marketing activities of the controller
On the Website, the Data Controller may post marketing information about its products or services. The display of this content is made by the Data Controller in accordance with Art. 6 section 1 letter f GDPR, i.e. in accordance with the legitimate interest of the Data Controller consisting in the publication of content related to the services provided and the content of promotional campaigns in which the Data Controller is involved. At the same time, this action does not violate the rights and freedoms of Guests/Users, Guests/Users expect to receive similar content, and even expect it or it is their direct purpose of visiting a webpage/webpages of the Website.
IV. Recipients of the User data
The Data Controller discloses the User's personal data only to entities processing personal data under concluded data processing agreements in order to provide services to the Data Controller, e.g. hosting and maintenance of the Website, IT services, marketing and PR services.
V. Transfer of personal data to third countries
Personal data will not be processed in third countries.
VI. Data Subject Rights
1. Every data subject has the right to:
1. access (art. 15 GDPR) – to obtain confirmation from the Data Controller as to whether their personal data is being processed. If data about a person is processed, they are entitled to access them and obtain information about: the purposes of processing, categories of personal data, recipients or categories of recipients to whom the data have been or will be disclosed, the period of data storage or the criteria for determining them, the right to request the rectification, deletion or restriction of the processing of personal information of the data subject and to object to such processing;
2. to receive a copy of the data (Art. 15 section 3 GDPR) - to obtain a copy of the data being processed, the first copy being free of charge, and for subsequent copies the Data Administrator may impose a reasonable fee, resulting from administrative costs;
3. to rectify (art. 16 GDPR) – to request the rectification of personal data concerning them that is incorrect or to supplement incomplete data;
4. to delete data (Art. 17 GDPR) - to request the deletion of their personal data if the Data Controller no longer has a legal basis for its processing or the data is no longer necessary for the purposes of processing;
5. to restrict processing (Art. 18 GDPR) – to request to limit the processing of personal data when:
a. the data subject questions the correctness of the personal data – for a time period enabling the Data Controller to check the accuracy of such data,
b. the processing is unlawful and the data subject opposes its deletion, requesting the restriction of its use,
c. The data controller no longer needs this data, but the data subject requires it to establish, pursue or defend legal claims,
d. the data subject has objected to the processing - until it is determined whether the legitimate grounds on the part of the Controller override the grounds for objection of the data subject;
6. to transfer data (Art. 20 GDPR) - to receive personal data concerning them, which they provided to the Data Controller, in a structured, commonly used and machine-readable format, and to request that this data be sent to another Controller, if the data is processed on the basis of the consent of the data subject or a contract concluded with them and if the data is processed by automated means;
7. to object (Art. 21 GDPR) - object to the processing of their personal data for the legitimate purposes of the controller, for reasons related to their particular situation, including profiling. Then, the Data Controller assesses the existence of compelling legitimate grounds for processing that override the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims. If, according to the assessment, the interests of the data subject outweigh the interests of the controller, the Data Controller will be obliged to cease processing the data for these purposes;
8. to withdraw consent at any time and without giving any reason, but the processing of personal data carried out before the withdrawal of consent will continue to be lawful. Withdrawal of consent will result in the Controller ceasing to process personal data for the purpose for which the consent was given.
2. In order to exercise the above-mentioned rights, the data subject should contact the Data Controller using the contact details provided and inform them which right and to what extent they wish to exercise it.
VII. President of the Personal Data Protection Office
The data subject has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Personal Data Protection Office with its registered office in Warsaw, ul. Stawki 2, which can be contacted as follows:
1. by mail: ul. Stawki 2, 00-193 Warsaw;
2. via the electronic mailbox available at: https://www.uodo.gov.pl/pl/p/kontakt ;
3. hotline: 606-950-0000.
VIII. Data Protection Officer
In every case, the data subject may also contact the Controller's Data Protection Officer directly by e-mail or in writing to the Data Controller's address provided in Section I, point 2 of this Privacy and Cookie Policy.
IX. Changes to Privacy Policy
The privacy and cookie policy may be supplemented or updated in accordance with the current needs of the Controller in order to provide current and reliable information to Guests/Users.
X. Cookies
1. The Website performs the functions of obtaining information about Guests, Website Users and their behavior in the following way:
1. through information entered voluntarily in forms for purposes resulting from the function of a specific form;
2. by saving cookie files in end devices (so-called cookies) cookies);
3. by collecting web server logs by the hosting operator of the Online Store (necessary for the proper operation of the website).
2. Cookies are digital data, in particular text files, which are stored in the end device of the Guest/User of the Website and are intended for using the webpages of the Website Cookies usually contain the name of the website they come from, the time of their storage on the end device and a unique number.
3. The Website uses cookies only after the Guest/User of the Website has given their prior consent in this respect. Consent to the use of all cookies by the Website is given by clicking the button: ""I agree, I want to visit the website"" when the message about the use of cookies by the Website is displayed or by closing this message.
4. The consent referred to in the previous point may cover only selected cookies. In such a case, the Guest/User of the Website should use the option: ""Cookie settings"", available in the message about the use of cookies by the Online Store. At the same time, the Data Controller reserves that disabling the support of cookies necessary for the processes of authentication, security, maintenance the preferences of the Guest/User of the Service may make using the Website difficult, and in extreme cases may even prevent the use of the Website.
5. If the Guest/User of the Website does not consent to the use of cookies by the Website, they may use the option: ""I do not consent"", also available in the message about the use of cookies by the Online Store or make changes to the settings of the web browser they are currently using (however, this may cause the webpages of the Website to function incorrectly).
6. To manage cookie settings, select your web browser/system from the list below and follow the instructions:
1. Internet Explorer
2. Chrome
3. Safari
4. Firefox
5. Opera
6. Android
7. Safari (iOS)
8. Windows Phone
7. The legal basis for the processing of personal data from cookies are the legitimate interests of the Data Controller, consisting in providing high-quality services and ensuring the security of services.
8. The Service uses two basic types of cookies: ""session cookies"" and ""persistent cookies"". Session cookies are temporary files that are stored on the end device of the Website User until logging out, leaving the Website or turning off the software (web browser). Persistent cookies are stored on the end device of the Guest/User of the Website for the time specified in the cookie file parameters or until they are deleted by the Guest/User.
9. Cookies are used for the following purposes:
1. creating statistics that help understand how the Guest/Users of the Website use the webpages, which allows for improving their structure and content;
2. maintaining the session of the Guest/User of the Website (after logging in), thanks to which the Guest/User of the Website does not have to re-enter the login and password on each webpage of the Service;
3. determining the profile of the Guest/User of the Website in order to display product recommendations and tailored materials in advertising networks, in particular the Google Network.
10. Website browsing software (internet browser) usually allows cookies to be stored on the Guest/User's end device by default. Guests/Users can change settings in this regard. Your web browser allows you to delete cookies. It is also possible to automatically block cookies.
11. Restrictions on the use of cookies may affect some of the functionalities available on the Online Store website.
12. Cookies placed on the end device of the Website Guest/User may also be used by advertisers cooperating with the Website and the Website's partners.
13. Cookies may be used by advertising networks, in particular the Google Network, to display advertisements tailored to the way in which the Guest/User uses the Website. For this purpose, they may store information about the Guest/User's navigation path or the time spent on a given webpage.
14. We recommend that the Guest/User read the privacy policies of these companies to learn about the principles of using cookies used in statistics: Google Analytics Privacy Policy.
15. Cookies may be used by advertising networks, in particular the Google Network, to display advertisements tailored to the way in which the Guest/User uses the Website. For this purpose, they may store information about the user's navigation path or the length of time they stay on a given webpage.
16. In terms of information about Guest/User preferences collected by the Google's advertising networks, the Guest/User can view and edit information derived from cookies using the tool: https://www.google.com/ads/preferences/.
The Website contains plugins that can transfer Guest/User data to Data Controllers, such as:
1. Facebook
2. Google
18. In order to properly execute the Distance Short-term Rental Agreement, the Controller may share the data of Guests/Users with online payment systems.
XI. Newsletter
1. The Guest/User may consent to receiving commercial information electronically by selecting the appropriate option in the registration form or at a later date in the appropriate tab. In the event of such consent being given,
2. The Guest/User will receive information (Newsletter) from the Website, as well as other commercial information sent by the Seller, to the e-mail address provided by them. The Guest/User may, at any time, unsubscribe from the Newsletter on their own, by unchecking the appropriate box on the webpage of their Account or by going to the form, clicking the appropriate link contained in each Newsletter or via the Customer Service Office.
XII. Account
1. Guest/User cannot post content on the Website or provide the Service Provider with any content, including opinions and other data of an unlawful nature.
2. Guest/User gains access to the Account after registration.
3. During registration, the User provides the account type or gender, first name, last name, company name, Tax Identification Number, data for issuing the sales document, e-mail address and selects a password. The Guest/User guarantees that the data provided by them in the registration form is true. Registration requires careful reading of the Terms and Conditions and marking on the registration form that the Guest/User has read the Terms and Conditions and fully accepts all of its provisions.
4. At the moment of granting access to the Account, an electronic service provision agreement regarding the Account is concluded between the Service Provider and the Guest/User for an indefinite period of time.
5. Registering an Account on one of the webpages of the Website also means registering to access the other webpages where the Website is available.
6. The Guest/User may terminate the electronic service provision agreement at any time with immediate effect by informing the Service Provider by e-mail or in writing at the address of the Data Controller, provided in Section I, point 2 of this Privacy and Cookie Policy.
7. The Service Provider has the right to terminate the service provision agreement regarding the Account in the event of discontinuation of the provision or transfer of the service of the Website to a third party, violation of the law or provisions of the Terms and Conditions by the Guest/User, as well as in the event of inactivity of the Guest/User for a period of 6 months. The contract can be terminated with a seven-day notice period. The Service Provider may stipulate that re-registration of the Account will require the consent of the Service Provider.