I. General Provisions

These Regulations set out the general terms and conditions of stay at Motlawa Apartments and the rules for using the Online Reservation application by the clients of the facility.

1. In these regulations, the term “Facility” refers to the building complex Motlawa Apartments, which includes 0 separate apartments as well as rooms and spaces located at ul. Świętojańska 43/44 in Gdańsk, managed by Prado Sylwia Kawczyńska, ul. Św. Ducha 105/107, 80-834 Gdańsk NIP 5831585460 REGON 221652993
   contact@motlawa-apartments.com, phone +48 570 755 747.
2. In these regulations, the term “Client” refers to a natural person with whom the Facility enters into a contract for the provision of services or the sale of products or services. The Client may only be an adult ndividual or a legal entity.
3. The term “Apartment” refers to an individual room, the detailed description and appearance of which can be found on the website www.motlawa-apartments.com.
4. “Rental Service” means the Client’s order for the rental of an apartment at Motlawa Apartments and its execution through accommodation and/or other additional services ordered by the Client and confirmed for execution by Motlawa Apartments.
5. Reservations through the Online Reservation application are made in accordance with the provisions set out below.

II. Making a Reservation

1. The Client can make a reservation for rental services via the Motlawa Apartments website (www.motlawa-apartments.com) using the booking engine provided by Hotres sp. z o.o.
2. The Client is given the option to select the desired stay period, the number of adults, and the type of offer according to which they intend to make the reservation.
3. The Client can then choose from the available rooms or packages for the selected period, which are presented in the form of an Online Reservation list.
4. After reviewing the description, equipment, and price of the room or the description, contents, and price of the package, the Client may select the room/package and proceed to the next step of the reservation process.
5. In the second step of making a reservation, the Client fills out their personal data and any comments regarding the reservation.
6. After completing the data, in the third step, the Client can make a deposit payment via electronic transfer.
7. Electronic transfer transactions are processed via the PAYU online payment system (payu.com).
8. If the Client selects PAYU electronic transfer payment, they are redirected to a page allowing deposit payment through the online payment system. After the deposit is received by the online payment system, the Client receives an automatic notification confirming the deposit to the email address provided during the reservation.
9. If the reservation is not paid within 2 hours, it is automatically and free of charge canceled.
10. Once the deposit is booked for the rental, the reservation changes status to “Guaranteed Reservation,” and the Client receives a “Reservation Confirmation” at their email address.
11. The Client does not incur any costs related to the execution of the Online Reservation process.

III. Reservation Responsibilities

1. The Client is responsible for correctly entering truthful data in the reservation form.
2. The Facility is not responsible for incorrectly entered reservation dates or personal data.
3. The Client bears sole responsibility for the consequences of providing incorrect data during the reservation process.
4. The online payment system is responsible for the correct handling of the deposit in the Online Reservation application.
5. The Facility and the company providing the Online Reservation application, Hotres Spółka z o.o., are not responsible for system unavailability caused by reasons beyond their control or due to the occurrence of other independent factors.

IV. Reservation Cancellation

1. In the event of reservation cancellation by the Client, the paid deposit remains with the Facility.
2. Changing the reservation date is only possible with the consent of the Facility.
3. Any changes should be reported by phone or email to contact@motlawa-apartments.com. The Facility reserves the right to refuse to make changes to the reservation conditions if it is not objectively possible. In the event of cancellation of the reservation due to the inability to make changes and thus withdrawal from the
   contract, the Client is not entitled to a refund of the deposit.
4. The Facility reserves the right to refuse a free-of-charge shortening of the Client’s stay. In case of shortening the stay, the Client is obligated to cover 100% of the costs of the nights from which they are resigning.
5. The right to withdraw from a contract concluded at a distance does not apply to services concerning the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract
   specifies the day or period of service provision, in accordance with Art. 38 sec. 1, item 12) of the Act of May 30, 2014, on Consumer Rights. The right to withdraw from a contract concluded at a distance does not apply either to the consumer within the meaning of the provisions of the Act of April 23, 1964 – Civil Code and the Act of May 30, 2014, on Consumer Rights (hereinafter referred to as: Consumer), nor to entities that are not Consumers.

V. Hotel Day/Stay Rules

1. Access to the Facility and the Apartment is protected by an electronic lock.
2. The Client receives a code before arrival that authorizes entry to the Facility and the Apartment.
3. The code is sent to the Client’s email address provided during the reservation.
4. The code is valid from 4:00 PM on the day of arrival until 11:00 AM on the day of departure.
5. The Apartment is rented for hotel days, and the hotel day at the Facility lasts from 4:00 PM to 11:00 AM the following day.
6. Check-in at the Facility is possible between 4:00 PM and 6:00 PM. In case of arrival at a time other than the one mentioned above, it is necessary to contact the Facility’s staff one day before the planned arrival to arrange the check-in time by phone or email.
7. A surcharge of 500 Euros may apply for check-in outside the hours mentioned in item 6.
8. Early access to the Apartment is possible depending on its availability, after prior arrangement with the staff.
9. The Client is obliged to maintain the Apartment in proper condition, observe quiet hours between 10:00 PM and 6:00 AM, and use the apartment in accordance with its purpose, exclusively for leisure or business travel purposes.
10. It is strictly forbidden for unregistered persons to stay in the Apartments.
11. If the Client wishes to extend the hotel day for additional days (extend the stay period) beyond the period specified on the day of the Client’s check-in or beyond the period resulting from the reservation, the Client is obliged to inform the Facility of this intention no later than 8:00 PM on the day before the planned check-out. The reception confirms the possibility of extending the stay depending on the availability of hotel rooms. However, the Facility is not bound by the Client’s statement regarding the extension of the hotel day for additional days (stay extension).

VI. Client Responsibilities

1. The Client is obliged to leave the Apartment provided to them, along with its equipment or any additional
   equipment made available, in an unimpaired condition.
2. The Client bears full material responsibility, both actual and for lost benefits, for any damage or destruction to the equipment or technical devices located in and around the Facility, caused by their intentional or unintentional actions or by their animals. The Facility reserves the right to charge the Client’s credit card or collect a cash deposit provided by the Client at the time of check-in for damages caused upon check-out or after their departure.
3. Children under 12 years of age should be on the premises and around the Facility under constant supervision of their legal guardians. Legal guardians bear full responsibility, including material responsibility, under the provisions of item 2 of this paragraph of the Regulations, for any damage or destruction to the
   equipment or technical devices of the Facility caused by the actions of children.
4. The Facility reserves the right to individually and separately assess damages depending on the scope of work required to remedy the damage.
5. In the event of violation of the Regulations, rules compromising safety, or general social principles, the Facility may refuse to provide Facility services to Clients who violate them. Such a Client is obliged to immediately comply with the Facility’s demands, settle the payment for services provided so far, pay for any damages, and leave the Facility.
6. Smoking cigarettes (including e-cigarettes) and tobacco products is strictly prohibited on the premises of the Facility, except in designated smoking areas. Violation of the smoking ban in the Facility by the Client
   will be penalized with a fine of 500 Euros.
7. The Facility reserves the right to charge the Client’s credit card or collect a cash deposit provided by the Client at the time of check-in for violating the smoking ban mentioned above.
8. In the event that the Client violates quiet hours, as mentioned in §4 item 9 of the Regulations, and after the intervention of another Client or Facility employee, if the Client again violates the quiet hours mentioned in §4 item 9 of the Regulations, the Client violating the quiet hours will be required to pay a contractual penalty of 500 Euros. The Facility reserves the right to charge the Client’s credit card or collect a cash deposit provided by the Client at the time of check-in for violating the ban mentioned above.
9. A Client who violated the terms of the Regulations, specified in paragraph 8 above of this section of the Regulations, shall additionally be obliged to cover all costs resulting from the compensation granted by the Facility to other Clients who intervened, as mentioned in paragraph 7 above, and filed a complaint, as referred to in § 11 of the Regulations, for the inconveniences caused by the behavior described in paragraph 8 above, in the form of Facility Services provided by the Facility to other Clients.

VII. Client Responsibilities

1. For safety reasons, whenever leaving the Apartment, the Client is required to turn off
   the television, turn off the lights, close the taps, and lock the doors and windows.
2. For fire safety reasons, it is prohibited to use in the Apartments and within the Facility any devices such as: any type of heaters, electric irons, and other similar devices that are not part of the Apartment’s equipment. This prohibition does not apply to chargers, GSM and computer power supplies, bottle warmers, and electric razors.
3. It is also forbidden to use open fire in any form within the Apartment.
4. It is forbidden to store hazardous materials and loads within the Apartments or on the Facility premises, particularly: weapons and ammunition, flammable, explosive, or illuminating materials.
5. The Client is obliged to take due care of their luggage, valuables, and animals, including securing valuables and other particularly valuable items.
6. Personal belongings left by the Client in the Apartment after check-out or after leaving the Facility without checking out will be sent to the address provided by the Client on the registration card, at their expense. In the event that no instructions are received or no address is provided by the Client, the Facility will store these items at the Client’s expense for no longer than 3 (three) months from the date of the Client’s check-out or departure without checking out. After this period, the Facility is entitled to:
   1. Transfer these items to the Lost and Found Office located in Gdańsk, Pomeranian Voivodeship.
   2. Acquire ownership of these items, subject to the provisions of the Civil Code. Due to their properties, food items will be stored for no longer than 24 hours.
7. The behavior of the Client and persons using the Facility Services should not disturb the peaceful stay of other Clients. The Facility may refuse to continue providing Rental or other services to Clients who violate these rules, as outlined in the Regulations or any other agreement concluded with the Client.
8. Apart from minor rearrangements of furniture and Apartment equipment that do not affect their functionality or safety of use, Clients are not allowed to make any changes to the Apartments, their equipment, or the equipment of the Facility.

VIII. Rules for the Presence of Animals in the Facility

1. The Facility accepts Clients with domestic animals weighing a maximum of 3 kg. The acceptance of an animal should be reported during the reservation process. It is assumed that the Client staying with the animal in the Facility is its owner.
2. The cost of an animal’s stay in the Facility is regulated by the price list for additional services applicable at the Facility.
3. Animals should stay in the Apartment. Outside the Apartment, animals must be kept on a leash, if applicable to the species, and always remain under the Client’s supervision. In certain cases, the Facility reserves the right to impose the requirement of a muzzle.
4. Clients are required to provide their own bedding for the animal. If the bedding in the room where the animal stays is soiled (hair, mud, excrement, etc.) or damaged by the animal, the Client is obliged to purchase a new set of bedding at the price specified in the price list for additional services applicable at the Facility.
5. Clients are required to immediately clean up any waste left by their animals within the Facility and its surroundings.
6. Clients staying in the Facility with cats must have a litter box with sand and empty it into a plastic bag, which should then be disposed of in the container indicated by the Facility’s staff.
7. No animal should be left alone in the Apartment longer than its individual physiological needs allow. If the Facility’s staff has reasonable suspicion that the animal left in the Apartment is disturbing the stay of other Clients, damaging Facility property, or may pose a threat to itself or other Clients, the Facility staff will attempt to contact the Client to resolve the issue. If contact is impossible or the Client does not respond to the Facility’s calls, the Facility management reserves the right to enter the Apartment, possibly with the help of relevant services, and remove the animal from the Facility. All costs resulting from the above actions will be covered by the Client.
8. For safety reasons, the cleaning of Apartments where animals are present is carried out only in the Client’s presence or when the animal is not in the Apartment. To arrange a convenient time, please contact the Facility’s staff.
9. Clients are responsible for ensuring their animals observe quiet hours, as mentioned in § 2 paragraph 4 of the Facility’s Regulations, and do not disturb the peace of other Clients. In the event of complaints or repeated disturbances from other Clients or the Facility’s staff, the Facility Management reserves the right to remove the animal from the Facility.
10. Clients bear full responsibility, including financial liability, for any damage ordestruction of the Facility’s equipment or technical devices caused by their animals.
11. All damage to the Facility’s property or the property of other Clients caused by animalswill be assessed by the Facility Management, and the Clients (owners of those animals) will be charged for the costs.

IX. Privacy Policy

1. During the process of Online Reservation, the Client agrees to have their personal data stored in the service database.
2. The Client’s data will be used solely for the purpose of conducting the proper reservation process and for marketing purposes, and will not be shared with third parties, in accordance with the Act of September 28, 1997, on Personal Data Protection.
3. The administrator of your personal data is PRADO Sylwia Kawczyńska, NIP 5831585460.
4. Contact with the Data Protection Officer – rodo@motlawa-apartments.com.
5. Your personal data will be processed for the purpose of using rental services – based on Art. 6 (1)(b) of the General Data Protection Regulation (GDPR) of April 27, 2016.
6. The recipients of your personal data will only be entities authorized to obtain personal data based on legal regulations and entities involved in the execution of services.
7. Your personal data will be stored indefinitely.
8. You have the right to request from the administrator access to your personal data, the right to rectify, delete, or restrict processing, as well as the right to data portability.
9. You have the right to file a complaint with the supervisory authority.
10. Providing personal data is voluntary; however, refusal to provide data may result in the denial of the service/contract.

X. GDPR – Personal Data Protection

1. Who is the administrator of the Client’s personal data?
   The administrator of the Client’s personal data, i.e., the entity deciding how the Client’s personal data will be used, is the Facility.
2. Contact to obtain information about the processing of the Client’s personal data:
   Prado Sylwia Kawczyńska, ul. św. Ducha 105/107, 80-834 Gdańsk, NIP 5831585460, REGON 221652993, contact@motlawa-apartments.com, phone +48 570 755 747.
3. How did the Facility obtain the Client’s personal data?
   The Facility received the Client’s personal data in connection with inquiries, quotations, or reservations, through the online reservation system, email communication, phone, partner portals, or during the Client’s check-in at the Facility.
4. What is the purpose and legal basis for the processing of the Client’s personal data by the Facility?
   The Facility may process the Client’s personal data because it is necessary to execute, prepare, and fulfill a contract that the Facility may conclude with the Client in connection with the room reservation process at the Facility, including to:
   1. handle preliminary reservation inquiries, e.g., answering questions about room availability at the Facility;
   2. handle preliminary reservation processing, e.g., responding to questions about stay requirements or preferences, length of stay, the number of people, and culinary preferences;
   3. provide ongoing service for orders or contracts and resolve any disputes;
   4. execute Facility agreements;
   5. handle settlements, e.g., issuing invoices;
   6. handle complaints;
   7. handle requests made by the Client (e.g., through the contact form) to the Facility;contact the Client, including for purposes related to the provision of services, even when not directly related to the execution of a contract;
   8. recover debts, conduct legal, arbitration, and mediation proceedings;
   9. conduct statistical analysis.
5. Additionally, the law requires the Facility to process the Client’s personal data for tax and accounting purposes. The Facility stores data for archival purposes and to ensure accountability (demonstrating compliance with legal obligations).
6. Is the Client required to provide their personal data?
   Providing data is voluntary but necessary to provide Facility Services. The Facility requires the Client to provide personal or contact information to conclude and fulfill a contract related to room reservations at the Facility. If for any reason the Client does not provide this personal data, the Facility will not be able to offer the Client a proposal, make a preliminary reservation, or conclude a contract, and as a result, it will not be possible to use the rental services. If required by law, the Facility may require the Client to provide other necessary data, e.g., for accounting or tax reasons. In all other respects, providing personal data is voluntary.
7. What rights does the Client have regarding the processing of data by the Facility?
   The Facility guarantees the fulfillment of all the Client’s rights under the General Data Protection Regulation (GDPR), including the right to access, rectify, and delete data, restrict processing, the right to data portability, the right not to be subject to automated decision-making, including profiling, and the right to object to the processing of personal data. The Client may exercise these rights when:
   1. Regarding a request to rectify data: the Client notices that the data is incorrect or incomplete;
   2. Regarding a request to delete data: the data will no longer be necessary for the purposes for which it was collected by the Facility; consent to data processing has been withdrawn; an objection to data processing has been submitted; the data is being processed unlawfully; or the data must be deleted to comply with a legal obligation;
   3. Regarding a request to restrict data processing: the Client notices that the data is incorrect – the Client may request that the processing of the data be restricted for a period that allows the Facility to verify the accuracy of the data; the data is being processed unlawfully, but the Client does not wish for it to be deleted; the data is no longer needed by the Facility but may be required by the Client for the defense or pursuit of claims; or an objection to data processing has been submitted – pending the determination of whether the Facility’s legitimate grounds override the objection grounds;
   4. Regarding a request for data portability: the processing of the Client’s data is based on the Client’s consent or a contract with the Client, and the processing is carried out automatically.
8. In what situations can the Client object to the processing of their data?
   The Client has the right to object to the processing of their personal data when it is based on a legitimate interest or for statistical purposes, and the objection is justified by the particular situation in which the Client finds themselves.
9. To whom does the Facility disclose the Client’s personal data?
   The Facility may disclose the Client’s personal data to entities supporting the Facility in providing electronic services, such as those providing online sales mediation, payment services, and consulting, accounting, audit, or legal services. Additionally, based on separate legal provisions, the Facility may provide personal data to authorized government bodies. To comply with tax and accounting obligations, the Facility may disclose the Client’s data (e.g., invoices) to tax service providers.
10. How long does the Facility retain the Client’s personal data?
    The Facility retains the Client’s personal data in connection with:
    1. An executed contract for a period of 3 (three) years from the contract’s termination date, as the data may be helpful for renewing the contract for the Client or handling any potential complaints. Additionally, the Facility may retain the data for purposes of preventing fraud and abuse, for statistical and archival purposes, for a period of 10 (ten) years from the date of contract termination or the event necessitating such processing. Moreover, for accountability purposes, the Facility will retain the data for the period during which the Facility is obliged to keep the data or documents containing them to demonstrate compliance with legal requirements, including allowing public authorities to verify compliance.
    2. An inquiry or preliminary reservation from the Client, the data will be processed for one year from the date of contact, allowing the Facility to shorten the handling time for future inquiries.
11. Does the Facility transfer the Client’s personal data outside the European Economic Area?
    The Client’s personal data will not be transferred outside the European Economic Area.
12. Does the Facility process the Client’s personal data automatically (including through profiling) in a way that affects the Client’s rights?
    The Client’s personal data will be processed automatically (including profiling), but this will not have any legal consequences for the Client or otherwise significantly affect their situation. Profiling of the Client’s personal data by the Facility involves processing personal data (also automatically) by using it to evaluate certain information about the Client, particularly to analyze or predict personal preferences and interests.
13. Is there surveillance at the Facility?
    The Facility is monitored 24/7 (excluding Apartments). The monitoring recordings are generally stored by the Facility for a period of 7 (seven) days and then overwritten. The monitoring is in place to ensure the safety of Clients and staff, as well as to protect the property of Clients and the Facility. In the
    event of property damage, a break-in, or if the Facility becomes aware of other activities detrimental to the Facility, the monitoring recordings may serve as evidence in proceedings against the individuals responsible for the damage to the Facility. In such cases, the storage period for the monitoring data may be extended until the conclusion of appropriate proceedings by the relevant authorities, such as the police, prosecutor’s office, or courts.

XI. Complaints

1. The Client has the right to file a complaint regarding the service, in accordance with applicable civil law regulations.
2. Any complaints related to the services provided by the Facility must be submitted by the Client in writing on the last day of the Client’s stay at the Facility, before check-out or departure, or, if not possible, no later than 7 (seven) days from the date of check-out or departure, via email to kontakt@motlawa-apartments.com or by mail to the Facility’s address.
3. The Facility is obliged to review the complaint within 14 (fourteen) days from the date of the Client’s submission of the complaint, in the manner specified in paragraph 2 above of this section. The Facility will inform the Client of the complaint’s outcome via the email address provided or by phone.
4. The Client’s submission of a complaint, in accordance with the provisions of this section, does not release the Client from the obligation to pay for the Rental Services.
5. The submission of a complaint by the Client after the deadline specified in paragraph 1 above of this section of the Regulations releases the Facility from the obligation to consider the complaint.

XII. Acceptance of the Regulations

1. Checking the option to read and become familiar with the Online Reservation Regulations in the reservation panel means that the Client understands and agrees to the points outlined in these regulations.
2. Failure to check the acceptance option will result in the inability to complete an Online Reservation.

XIII. Final Provisions

1. In matters not regulated by these Regulations, the relevant provisions of the Civil Code, the Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws 2019, item 123, as amended), the Act of May 30, 2014 on consumer rights (consolidated text: Journal of Laws 2019, item 134, as amended), and other generally applicable legal provisions apply.
2. The Facility reserves the right to make changes to these Regulations, with the stipulation that for reservations made before the amendment, the version of the Regulations in force at the time the Client placed the order shall apply.
3. Date of publication of the Regulations: September 19, 2024.
4. Any disputes between the Parties shall be resolved by the court with jurisdiction over the location of the Facility’s registered office.
5. The governing law for the contract and any related disputes is Polish law, and the applicable language is Polish.

The Motlawa Apartments Facility greatly appreciates your cooperation in adhering to the provisions of these Regulations, which are designed to ensure a peaceful and safe stay for all our Clients.