Rules of Scharffenberg Apartments

§ 1 - Subject matter of the Rules

1. The Rules define the principles concerning the provision of services, including in particular the making and cancelling reservations, dates and methods of payment, methods of confirming reservations and of lodging complaints, collecting personal data of Scharffenberg Apartments’ Clients, check-in and check-out procedures and they describe obligations of both Scharffenberg Apartments and Guests thereof.

2. The individual terms used in these Rules mean:

a) Scharffenberg Apartments – activity consisting in short-term rentals of the  apartments located at 3 Grodzka Street in Krakow, tel. +48 12 307 13 11, e-mail: apartments@scharffenberg.pl - run by Katarzyna Gruszka or an entity conducting the very activities or a facility in which the activities are carried out,

b) Guest - a person staying on the premises or in the facility of Scharffenberg Apartments and using the services of Scharffenberg Apartments, as well as persons who book an apartment from a distance,

c) Operator - the operator of an online booking system that operates for and on behalf of Scharffenberg Apartments - Katarzyna Gruszka, 3 Grodzka Street, 31-006 Kraków, Tax Identification Number NIP PL5730250798,

d) The day of stay - the period of stay of the Guest at Scharffenberg Apartments starting at 16:00 until 11:00 a.m. the following  day,

e) Apartment booking agreement – an agreement concluded with Scharffenberg Apartments or the Operator, specifying the terms and conditions as well as the scope of using the services of Scharffenberg Apartments,

f) Price list – Annex no. 1 to the Regulations - a summary of the price offer along with prices and fees for respective services or benefits provided by Scharffenberg Apartments - made public and available on the Scharffenberg Apartments’ website,

g) Free cancellation period - the period before the planned date of arrival at Scharffenberg Apartments during which the Guest may cancel / annul the Apartment booking agreement without incurring any expenses in that respect.

h) Brought-in item – an item which is in the apartments’ facility or is outside the facility during the period when the Guest uses the services of Scharffenberg Apartments and which was entrusted to Scharffenberg Apartments or to a person employed thereby or placed in a place designated by Scharffenberg Apartment or intended for that purpose; the brought-in item is also an item which during a short, customarily accepted period preceding or following the Guest's use of Scharffenberg Apartments, was entrusted to Scharffenberg Apartments or to a person employed by them or placed in a place designated by them or intended for that purpose; motor vehicles and items left inside as well as living  animals are not considered to be brought-in items. Scharffenberg Apartments may be liable for them in a capacity of a keeper / custodian, if a separate storage agreement has been concluded in this respect. Scharffenberg Apartments do not run a permanent left-luggage facility and therefore, unless arranged otherwise, it is only the Guest who is required to secure the luggage. 

 3. The Rules and other documents mentioned herein are available for perusal on the following website: www.scharffenberg.pl as well as in excerpt form in each of the apartments.

§ 2 - Processing of personal data

1. In order to ensure the safety of the Guests, within the premises of Scharffenberg Apartments, 24-hour video monitoring operates within the common parts of the property.

2. Scharffenberg Apartments are the Controller (Administrator) of Personal Data and do not share personal data collected and processed with third parties, save for relevant services and state authorities upon receipt of a written request or summons issued on the basis of generally applicable law. Scharffenberg Apartments undertake to inform persons whose data will be transferred to third parties about that  very fact.

3. The protection of personal data is governed by the privacy policy available on the website at www.scharffenberg.pl

§ 3 - Bookings

1. The apartment booking agreement is concluded by phone or via e-mail through the booking form on the website www.scharffenberg.pl with Scharffenberg Apartments, or through an online booking system operated by the Operator or an entity authorized by them. When making a booking, the Guest will be instructed to consent to the processing of personal data by Scharffenberg Apartments or the Operator for the booking and use of Scharffenberg Apartments services.

2. The booking is made by specifying the number of the days of stay, during which the Guest intends to use the services of Scharffenberg Apartments.

3. Bookings may be made in the Returnable or Non-Returnable rate, whose prices were set out in the Price List. Within the Returnable rate there applies a 7-day free cancellation period counting backwards from the day of the planned arrival inclusive thereof. There is no free cancellation period within the Non-Returnable rate. Scharffenberg Apartments reserve themselves the right to shorten or to extend the period of free cancellation of the booking, while maintaining the information duty towards the Guest.

4. To make a booking it is necessary that the Guest provides security in the form of providing a credit card or a debit card number, cardholder's data, the card’s expiry date and a CVC code as well as the authorization to charge the card’s account, or to make a payment in advance.

5. Upon receipt of the booking request, Scharffenberg Apartments or the Operator send the information concerning the method of making a prepayment by way of an advance payment for the services provided to the e-mail address provided by the Guest. If the payment method by way of a traditional bank transfer has been chosen, Scharffenberg Apartments or Operator send to the e-mail address provided by the Guest a bank account number to which the latter must make a payment amounting to 30% of the price resulting from the price list for the planned stay in the case of a booking within the Returnable rate or to 100% of the price resulting from the price list when booking within the Non-Returnable rate. After the payment of the advance payment is entered to the Scharffenberg Apartments' account, the booking gains the status of the confirmed one, which the Guest who makes the booking is informed immediately about by way of an e-mail send to the e-mail address provided by them.

6. Reservation in the Return rate made directly at Scharffenberg Apartments may be canceled by e-mail, in writing, by phone, via text message, through the website to which a link has been provided in an e-mail informing about the booking confirmation or in person.

7. Booking within the Returnable rate made via the Operator may be canceled only in the manner specified by the Operator, through its agency. 

8. In case the booking made within the Returnable rate has been canceled within less than 7 days before the planned arrival date, the Guest is obliged to pay the entire price for the planned stay. 

9. In the event that the cancellation of the booking made within the Returnable rate has been made in the period longer than 7 days before the day of the planned arrival, the Guest is entitled to a repayment of the prepaid part of the price. Scharffenberg Apartments will make the repayment within 3 business days, in accordance with the Client's instructions or in the manner corresponding to the one in which payment was made.

10. When it comes to bookings made through the Operator, there may be separate booking cancellation policies and separate forms and dates of repayment of charges, as determined by the Operator's internal rules.

11. A change of the booking date is not possible, unless Scharffenberg Apartments agree to the change due to the availability of apartments at a given date. This also applies to the extension of an ongoing stay at the Guest's request.

12. The Guest is liable for the correctness of data provided in the booking form and for correctly specifying the planned date of arrival and departure.

 

§ 4 - Check-in

1. The Guest is obliged to agree with Scharffenberg Apartments the exact arrival time at the latest 24 hours before the date of arrival for the purposes of preparing the apartment and keys thereto by Scharffenberg Apartments’ staff.

2. The apartment is available to Guests from 16:00 on the day of arrival until 11:00 a.m. on the day of departure (unless otherwise indicated in the booking confirmation).

3. The check-in takes place only on the basis of a valid ID with a photo of the Guest. After checking in, the Guest receives the key to the apartment along with the chip to the entrance gates and the apartment will be shown to him.

4. Scharffenberg Apartments reserve the right to refuse to check in a Guest who is under influence of alcohol or intoxicants or who during a previous stay grossly violated the Rules of Scharffenberg Apartments inter alia by causing damage to the property of Scharffenberg Apartments or to property or health of other Guests, employees of Scharffenberg Apartments or who otherwise disturbed the peace at Scharffenberg Apartments.

In such a situation, the Guest is not entitled to withdraw from the agreement and, therefore to be repaid the prepayment made when booking the apartment. They are also obliged to pay the entire price in accordance with the booking made.

5. The check-out takes place on the day of departure, according to the booking, between 8:00 and 11:00 a.m. Key collection takes place in the apartment occupied by the Guest in the presence of a person authorized by Scharffenberg Apartments.

6. Staying in the apartment or leaving items in the apartment after 11:00 am on the day of departure is treated as an extension of stay without the consent of Scharffenberg Apartments. In the case described in the preceding sentence, the Guest is obliged to pay the price for a half of the Day of Stay, unless the room is vacated after 14.00 p.m., then the Guest is obliged to pay the price for a full Day of Stay.

7. When checking out from Scharffenberg Apartments, the Guest is obliged to take all personal belongings with them. If they are left in the apartment, they will be sent by Scharffenberg Apartments to the address indicated by the Guest at their cost and risk. If such an instruction is not received within three months, Scharffenberg Apartments are entitled to transfer, documented by minutes, of the belongings left behind to competent public administration authorities.

 

§ 5 - Complaints

1. In order to facilitate and accelerate the complaint process, any reservations regarding the correctness of the performance of the booking agreement or non-compliance with the present Rules, may - in addition to a written or oral manner – be sent to the e-mail address: apartments@scharffenberg.pl, while  entering the date of stay in the topic of the e-mail or by calling +48 531 280 005. Scharffenberg Apartments will spare no effort to immediately remove any defects. 

2. All complaints made by the Guests are examined within no more than 14 days from their submission.

3. Scharffenberg Apartments provide services in accordance with its category and standard. In the case of reservations regarding the quality of services, the Guests are requested to immediately report them to the Office in order to immediately make good any inconvenience.

 

§ 6 - Order regulations

1. At Scharffenberg Apartments, it is strictly forbidden to smoke tobacco products, electronic cigarettes and to use open fire within the entire facility. The Guest who does not comply with the smoking prohibition will be charged with the costs of dearomatization of a room in the amount of PLN 500. The burden may also be imposed if the smell of cigarette smoke is perceptible  or when the reasonable assumption arises that the smoking prohibition was violated in the rented apartment or in the common parts of the facilities.

2. In Scharffenberg Apartments, quiet hours apply from 22:00 at night to 8:00 a.m. the following day. During the quiet hours, the Guest and persons using the services of the apartments are obliged to behave in a manner that does not interfere with the stay of the other Guests.

3. The Guests are required to report to Scharffenberg Apartments the presence of children under the age of 6 (their stay is gratuitous using the bed with parents or their own cot or a cot   provided by Scharffenberg Apartments) The number of persons  who can stay in an apartment is restricted to the number of persons specified in the offer.

4. Persons not checked-in may stay in an apartment from 8:00 a.m. to 22:00. The stay of persons not checked-in in the apartment after 22:00 is tantamount to the consent of the Guest to pay for these persons to be quartered on the apartment for a fee according to the current Price List available in the Apartments’ Office and available on the website.

5. Bringing cats and dogs over to Scharffenberg Apartments by the Guest is not subject to an additional fee. The owner of a dog is obliged to keep the dog on a leash and to muzzle it on the premises and to remove any waste left by the animal. The owner of the animal is liable for damages caused by the animal on the basis of general principles of law. In addition, they are obliged to ensure that the animal's behaviour does not disturb the peace of other Guests.

6. Bringing over other animals than cats and dogs to Scharffenberg Apartments requires the consent of Scharffenberg Apartments.

7. The Guests are responsible for securing the apartment against theft. One should carefully close the door and windows before leaving the apartment, carefully secure the keys and the chip for the entry phone, nor to transfer the key or chip to third parties. In case of loss or destruction of the key with the chip there is a fee of PLN 300 covering the costs of the locksmith service together with the replacement of the lock with a new one and the making of duplicate keys.

8. The Guests are required to take good care of the condition of the apartment. One should turn off unnecessary lighting, turn off the air conditioning every time when leaving the apartment, close the unnecessary flow of water, turn off unnecessary electrical devices.

9. Due to the safety of the Guests and property of Scharffenberg Apartments, it is forbidden to use heaters and other electrical devices in the apartments and other rooms where they are not these rooms’ equipment. The above provision does not apply to chargers and plug-in power supplies for audio/video devices and computer power supplies. 

10. The Guests are required to leave the rented apartment in a condition identical to the one found at the check-in. If at the check-out the staff or employees of Scharffenberg Apartments find that the condition of the apartment is significantly different from the state in which the apartment was made available, Scharffenberg Apartments reserve the right to impose an additional fee in accordance with the Price List, including the cost of cleaning the Apartment.

11. In case of a gross violation of the norms of social coexistence and comfort of other users or violation of the provisions of the Scharffenberg Apartments’ Rules, Scharffenberg Apartments reserve the right to terminate the contract without the right to repayment of the amount already paid for the unused stay. 

12. The Guest is liable on the basis of  general terms of law for damages to property they caused or for objects and technical equipment of Scharffenberg Apartments which went missing. In particular, this refers to "Samsung" mobile phones devices with a charging station, provided to the use of guests as part of the eConcierge service, which are on the equipment of each of the Apartments. In the case of damage or loss of the device or any accessories, a contractual penalty will be executed in accordance to the Price List. 

13. It is not allowed to organize social events at Scharffenberg Apartments. In the event of disturbance of silence and order or in the event of improper conduct, the Guest bears all responsibility for causing the necessity of intervention of the Police, Municipal Police, Fire Brigade or of other services. Scharffenberg Apartments will charge the Guest the costs of carrying out an intervention triggered by the Guest's behaviour in the same extent as the charge imposed on Scharffenberg Apartments.

§ 7 - Final provisions

1. Having read and accepted these Rules is the condition for making a booking at Scharffenberg Apartments. 

2. In respect of the liability of Scharffenberg Apartments for the loss or damage to items brought over by the Guest to the apartments, the provisions of Art. 846-849 of the Polish Civil Code apply. If the Guest's items are not placed at the Reception’s deposit, the liability of Scharffenberg Apartments is limited. Scharffenberg Apartments reserve the right to refuse to store money, securities and other valuable items, including in particular valuables and items of scientific or artistic value, if the items threaten the security or are of great value or if they are of considerable size. 

3. In order to secure the payment for the stay, maintenance and services provided to the person using the Scharffenberg Apartments’ services, as well as to secure a claim for reimbursement of expenses incurred for that person - Scharffenberg Apartments have the statutory lien on the items brought it. This right is subject to the law on the lessor’s statutory lien.

4. The law applicable to disputes between Scharffenberg Apartments and the Guest is the Polish law. In the event of a dispute that may not be resolved in an amicable way, a Polish court of law competent for the location of the apartments will be competent.

5. In case of violation of the provisions of these Rules, Scharffenberg Apartments may refuse to continue to provide services to a person violating the Rules. Such a person is obliged to comply immediately with the demands of Scharffenberg Apartments represented by the employees of the facility – to settle the amount due for the services already provided and to pay for any damages caused as well as to leave the apartments’ premises.

Annex No. 1 to the Regulations

Price-list of services in Scharffenberg Apartments in Cracow 2018/2019

Accommodation service refundable rate - Apartment A1 - PLN 370 per night
Accommodation service non-refundable rate - Apartment A1 - 333 PLN per night
Accommodation service - refundable rate - Apartment A2 - 370 PLN per night
Accommodation service non-refundable rate - Apartment A2 - 333 PLN per night
Accommodation service refundable rate - Apartment B - 340 PLN per night
Accommodation service non-refundable rate - Apartment B - 306 PLN per night
Accommodation service refundable rate - Apartment C - 340 PLN per night
Accommodation service non-refundable rate - Apartment C - 306 PLN per night
Accommodation service refundable rate - Apartment D1 - PLN 370 per night
Accommodation service non-refundable rate - Apartment D1 - 333 PLN per night
Accommodation service refundable rate - Apartment D2 - PLN 370 per night
Accommodation service non-refundable rate - Apartment D2 - 333 PLN per night
Accommodation service refundable rate - Apartment F - PLN 450 per night 
Accommodation service non-refundable rate - Apartment F - 405 PLN per night

Extra bed - 80 PLN for 1 bed for 1 night stay
Breakfast - 25 PLN for 1 person for 1 night stay
Laundry service - 20 PLN
Coffee capsule - 4 PLN
Check-in after 23:00/11PM - 100 PLN
Check-out before 8:00/8AM - 100 PLN
Extra cleaning - payment for the apartment cleaning service - 100 PLN
Losing the key to the Apartment - fee for the locksmith service / exchange of the lock - 300 PLN
Smoking in the Apartment - room dearomatization fee - 500 PLN
Lost or damaged Samsung mobile phone device provided as part of the eConcierge service - PLN 1256