Terms of service
REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES
§1. General provisions
1. These regulations for the provision of electronic services (hereinafter referred to as the "Regulations") have been prepared in accordance with the requirements of Art. 8 clause 1-4 of the Act of 18 July 2002 on the provision of electronic services (i.e., Journal of Laws of 2019, item 123, 730). The Regulations are made available free of charge via roomrent.pl in a way that provides the opportunity to read its content before concluding the Agreement. These Regulations are also available in the form of a PDF file (click and download) in a way that allows its acquisition, recording, reproduction and reproduction.
2. These Regulations set out the rules for using roomrent.pl, placing Orders through it, performing Services, paying customers for services rendered, Customers' rights to withdraw from the contract, as well as submitting and examining complaints.
3. roomrent.pl is managed by Otthon Sp z o.o. based in Warsaw (ul. Lindleya 16, room 406; 02-013 Warsaw), registered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000611285, NIP: 7010564713 , REGON: 36413984200000 (hereinafter: the Administrator)
Contact with the Administrator is possible:
3.1. via email: email@example.com;
3.2. by phone at: +48 797 459 993
3.3. in writing at: Otthon Sp.z o.o., ul. Lindleya 16; 02-013 Warsaw.
1. Whenever these Regulations refer to:
1.1. Data - it means any information and content, in particular personal data within the meaning of the Act of 10 May 2018 on the protection of personal data (i.e. Journal of Laws of 2019, item 1781), which the Customer places on the roomrent.pl Booking form.
1.2. Payment System Providers - shall mean the electronic payment system operators indicated in these Regulations, responsible for the correct performance of the payment transfer service made by customers to the Administrator.
1.3. Consumer - it means a Customer who performs with the Administrator a legal act not related directly to the client's business or professional activity.
1.4. Client - it means a natural person with full legal capacity, a legal person or an organizational unit without legal personality, but whose law grants legal capacity, using the roomrent.pl website.
1.5. Booking - Reservation of priority of renting a flat or a room indicated in the Advertisement, made via roomrent.pl by the Client.
1.6. PDF - it means a file format developed by Adobe Systems, used to present text and graphic content (portable document format).
1.7. Roomrent.pl website - it means software and databases available at roomrent.pl
1.8. Subject of the reservation - it is understood as real estate in the form of a house, a dwelling or its separate part (room), which the Customer has chosen from the real estate available on roomrent.pl and whose reservation he wants to conclude a lease regarding.
1.9. Agreement - it means the agreement concluded between the Customer and the Administrator, the subject of which is the provision of Services by the Administrator to the Customer.
1.10. Services - it means all services provided by the Administrator by electronic means, described in § 3 of these Regulations.
1.11. Order - it shall mean an action consisting in the Customer submitting a declaration of intent through the roomrent.pl website regarding the selection of the object of the reservation in order to conclude an Agreement with the Administrator with the obligation to pay.
1.12. Booking form - means the form on the roomrent.pl website, which must be completed to complete the booking process.
1. The Administrator provides the following service via roomrent.pl:
1.1. Reservation of the subject of the reservation selected via roomrent.pl in order to conclude the lease agreement by the Customer and the entity owning the property.
1.1.1. Reservation Process: Reservation is made via the ICT system on roomrent.pl by sequentially ordering the subject of the reservation and completing the Reservation Form. Then, after receiving the e-mail containing the booking confirmation and payment information, make the necessary payment, the implementation of which in accordance with §7 of the Regulations will be equivalent to the completion of the booking process.
1.1.2. The Administrator undertakes that the reservation fee constituting a fee equal to the amount of the rent of the rent and the advance payment for utilities specified in the offer will be credited towards the payment of the first rent resulting from the lease contract signed with the owner of the subject of the reservation.
1.1.3. Filling out the reservation form may require entering the following data: name and surname, contact details (address of residence, address of residence, telephone number, e-mail), information about the current place of work or university (name of the entity, address, telephone number) and information regarding payment .
1.1.4. Sending the reservation form is tantamount to the Customer's statement that the Data provided in it are consistent with reality, and that he is entitled to dispose of this Data. The Administrator is not responsible for providing Customer data that is inconsistent with reality or concerning third parties.
1.1.5. Sending the Booking Form means that you accept the Regulations,
1.1.6. By approving the Booking Form, the Customer who is a Consumer agrees to the Service being provided by the Administrator before the deadline to withdraw from the Agreement, while losing the right to withdraw from the Agreement after the Administrator has fulfilled the service.
§4. Technical conditions
1. To use roomrent.pl, including placing Orders, it is necessary to meet the following minimum technical conditions:
1.1. having an end device equipped with the Windows, Linux (with graphic console) or Mac OS operating system,
1.2. processor: 1 GHz,
1.3. RAM memory: 1 GB
1.4. Internet connection with a minimum throughput: 512 kbit / s download, 128 kbit / s upload,
1.5. having an active e-mail account,
1.6. Internet browser installed to enable Java Script and cookies: Internet Explorer (min. 7.0 version), Google Chrome (min. version 11.0), Firefox (min. version 3.5), Opera (min. version 10.0) or Safari (min. version 10) 5.0),
1.7. support for electronic PDF publications.
2. The Administrator shall not be liable for any disruptions, including interruptions in the delivery or operation of the roomrent.pl website caused by force majeure, unauthorized interference by third parties or incompatibility of the Customer's technical infrastructure with the specification indicated in § 4 para. 1 of these Regulations.
3. The Administrator reserves the right to technical breaks in the functioning of the roomrent.pl website, among others in order to develop roomrent.pl or remove possible failures.
§5. Rules for using the roomrent.pl website
1. By using the roomrent.pl website, the Customer accepts the content and undertakes to comply with the provisions of these Regulations.
2. The functionality of the roomrent.pl website may be extended to enable portal users to publish their own content on the roomrent.pl website, in particular to add comments or opinions. In this case, the user will be obliged to ensure that the content posted by him remain in accordance with generally applicable law, do not infringe the rights of the Administrator or third parties, including rights to intangible goods, personal rights and the principles of social coexistence. The Administrator reserves that he may delete the content of users entered that violate the provisions of these Regulations, in particular:
2.1. vulgar, offensive content, in particular advocating the spread of hatred, xenophobia, discrimination based on gender, ethnicity, race, politics or sexual orientation,
2.2. content containing personal data of Customers or third parties, in particular their name, surname, place of residence, telephone number or e-mail address,
2.3. advertising content, in particular containing links to other websites.
3. Information about the Services available through the roomrent.pl website constitutes only an invitation to conclude an Agreement within the meaning of art. 71 of the Civil Code (they do not constitute an offer within the meaning of the Civil Code).
4. The Administrator accepts Orders electronically, seven (seven) days a week and 24 (twenty four) hours a day. Placing an Order takes place by completing and sending the Booking Form available via roomrent.pl. The Agreement between the Administrator and the Customer is concluded after receiving confirmation of the payment made by the Administrator.
5. The Administrator commences the performance of the Agreement immediately after the Customer sends the Reservation Form and makes the payment for the reservation in accordance with the principles described in § 7 of the Regulations.
6. Performance of the Agreement takes place by sending confirmation of the Subject of the reservation to the Customer to the e-mail address indicated on the reservation form. The Administrator is not responsible for any incorrect indication of the e-mail address by the Customer or loss of the password to access the Customer's e-mail server.
7. The Customer is obliged to use the Services, including information contained on the roomrent.pl website only on his own behalf and for his own needs. Therefore, the Customer has no right to:
7.1. duplication, modification, copying or making any corrections or changes to the executive program or the definition of roomrent.pl website software,
7.2. interfering with the IT record of the roomrent.pl website software,
7.3. removing, circumventing or changing technical restrictions in the software of roomrent.pl website
8. The customer is obliged to use roomrent.pl in a manner consistent with applicable law and decency. The Customer may not take actions that could interfere with the operation of the roomrent.pl website, in particular through the use of malicious software, scripts or technical devices that negatively affect the security of using the roomrent.pl website.
§ 6. Exclusions of Liability
1. The administrator is obliged to:
1.1. performance of Services with due diligence, accuracy and reliability, on the principles set out in these Regulations,
1.2. accepting complaints and responding to complaints on the terms set out in the Regulations,
1.3. removing failures and restoring functionality of the roomrent.pl website,
1.4. providing access to current information on the scope and manner of providing the Service and the content of the Regulations.
2. The Administrator does not guarantee or be responsible for the completeness, timeliness, correctness and compliance of the data disclosed in the invitations to conclude the lease agreement with the actual state. The administrator declares that the sources of information provided via roomrent.pl, as well as the criteria for their selection, collection and storage are a business secret and cannot be disclosed to the Customer,
3. The Administrator is not responsible for the implementation and possible non-performance or improper performance of Services, activities or other obligations for Customers by third parties, in particular Payment System Providers, administrators of other service platforms from whose websites the Customer has been directly or indirectly directed to the website roomrent.pl or entities placing invitations to conclude a contract on roomrent.pl.
§ 7. Charges
1. The amount of fees for performing the Service is each time transferred to the Customer by the Administrator before the conclusion of the Agreement and corresponds to the monetary value indicated to the Customer in the booking form.
2. The fees for the Services made available through the roomrent.pl website are expressed in the following currencies: Polish zloty (PLN) or in euro (EUR) and include the value added tax (VAT) in the amount determined in accordance with applicable law.
3. The Administrator accepts payments made in all forms made available by the Payment System Provider: PayU S.A., ul. Grunwaldzka 186 60-166 Poznan, NIP: 779-23-08-495
4. Making payment for the reservation is part of the reservation process. If the payment is not made via the PayU payment system, it means that the booking process has not been completed and is canceled. Therefore, the booking is considered not valid.
5. Transaction settlements are carried out by the Payment System Provider: PayU S.A. ul. Grunwaldzka 186 60-166 Poznan NIP: 779-23-08-495. The use of the selected payment method requires prior reading and acceptance of the regulations, made available to the Customer by the Payment System Provider, as well as consent to the processing of the Customer Personal Payment System by the Supplier for the needs of the transaction.
6. The VAT invoice is delivered, on request, in electronic form to the e-mail address to the e-mail address in the Order form, unless the Customer clearly indicates that the VAT invoice should be delivered in a traditional form.
7. The Administrator will issue a VAT invoice to the Customer based on the data contained in the Booking Form and deliver it to the e-mail address or the indicated address for delivery within 14 (in words: fourteen) days from the date of the Service.
§8. Terms of complaint
1. The Administrator is obliged to provide Services to the Customer with due diligence.
2. In the event of non-performance or improper performance of the Agreement, the Customer shall have the right to lodge a complaint. Each complaint should contain at least:
2.1. Customer contact details, in particular name and surname, e-mail address,
2.2. subject of the contract,
2.3. circumstances justifying the complaint,
2.4. complaint request.
3. Submitting a complaint in connection with non-performance or improper performance of the Service shall be made by electronic means to the address firstname.lastname@example.org or via the complaint form.
4. If the information provided in the complaint needs to be supplemented, the Administrator will ask the Customer to complete it in the indicated scope before considering the complaint. The waiting period for supplementing the information shall not be included in the time limit for consideration of the complaint referred to in paragraph 4 below.
5. The Administrator shall consider complaints immediately, but no later than within 30 days from the date of receipt of the complaint. The response to the complaint is sent to the Customer to the e-mail address provided during the complaint process.
§ 9. Withdrawal from the Agreement
1. The Customer who is a Consumer has the right to withdraw from the Agreement within 14 (say: fourteen) days of its conclusion without giving any reason.
2. Exercise of the right to withdraw from the Agreement referred to in para. 1 above, takes place by submitting to the Administrator a statement of withdrawal from the Agreement (click and download) by e-mail to the following address: email@example.com. The statement may be submitted by completing and sending the Administrator an electronic form.
3. The right to withdraw from the Agreement referred to in paragraph 1 above, expires if, with the consent of the Customer who is a Consumer, the Administrator has completed the Agreement before the deadline to submit a statement of withdrawal from the Agreement.
4. In the event of successful withdrawal from the Agreement, the Administrator shall immediately, but no later than within 14 (say: fourteen) days, return the Customer all payments received from him. The payment is refunded using the same method of payment that was used by the Customer who is a Consumer, unless he agrees to a different method of return that does not involve any costs for him.
§10. Intellectual Property Rights
1. All content made available through the roomrent.pl website and being a component of the Services, in particular trademarks, graphic elements, arrangement and composition of these elements, are subject to copyright or industrial property rights of the Administrator. Without the prior consent of the Administrator, expressed in writing under pain of nullity, the Customer is not entitled to reproduce or distribute the subject of intellectual property rights, including the subjects of copyright or industrial property rights, referred to above, in whole or in part, by any means and by any means any form.
2. The right to use information obtained through the roomrent.pl website may not be transferred to third parties. Unless such right has been granted to him by the Administrator in writing to be valid, the Customer in particular has no right to:
2.1. renting, leasing, lending or performing other forms of providing information from roomrent.pl along with the economic information contained therein to third parties,
2.2. sharing, transferring and disclosing information obtained from roomrent.pl, parts or elements thereof, including comments and data, in any form and form, record or manner, unless such obligation results from applicable law or if the Administrator has expressed it expressly written consent,
2.3. publishing all, parts or elements of the roomrent.pl website, as well as providing access to the roomrent.pl website from ftp servers, http, on WWW pages and by means of other devices used to provide information or data,
2.4. placing on the market all, part or elements of the roomrent.pl website.
3. The Customer is not entitled to complete or even partial translation of the language of the roomrent.pl website software in order to discover its source code, to play it, decompile or disassemble it.
§11. Final Provisions
1. These Regulations shall enter into force on December 15, 2019.
2. The Administrator reserves the right to change the content of these Regulations at any time. All changes to the Regulations come into force on the day of their publication.
3. The Administrator shall inform the Customers about changes in the Regulations by posting relevant information on the roomrent.pl website. Customer's use of roomrent.pl after making changes to the Regulations is tantamount to accepting these changes.
4. In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular the provisions of the Civil Code and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2019, item 123, 730.).
5. If any of the provisions of the Regulations is or will be considered invalid, this shall not affect the validity of the remaining provisions of the Regulations. In place of invalid provisions, the Administrator shall immediately introduce provisions that will correspond to the meaning and purpose of the invalid provisions.
6. The Customer who is a Consumer has the option of using out-of-court dispute resolution before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Detailed information on the above procedure can be found at: https://www.uokik.gov.pl/spory_konsumenckie.php. The customer who is a consumer also has the option of submitting a complaint via EU online dispute resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr/.
7. Any disputes that may arise between the Administrator and a Customer who is not a Consumer will be settled by a common court having jurisdiction over the Administrator's seat.