Zasady i warunki

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions and any or all Agreements: „Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. „makosieje18.com”, “Ourselves”, „Our”, “We” and „Us”, refers to our holiday letting business. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. „Property” refers to a holiday letting property at Makosieje 18, Makosieje, Ełk, 19-314, Poland.  All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our providing holiday accommodation and any related services to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of Our stated services/products, in accordance with and subject to, prevailing Polish Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

The Property

We have made reasonable endeavours to ensure that the description of the Property and the facilities offered at the Property are true and accurate in all respects. We make reasonable endeavours to ensure that the Property and facilities and equipment are safe, well maintained and clean throughout Your stay at the Property. If You find any faults with the Property or the facilities or the equipment on occupation or during your stay at the Property, You are requested to notify Us promptly in order that We can rectify such faults as promptly as possible in all the circumstances.

We accept no liability for any minor errors in the description of the Property or the facilities or equipment offered at the Property or faults or any faults which cannot be promptly rectified due to reasons outside our control, including Your failure to promptly notify us of such errors or faults.

You may only use the Property as holiday accommodation and are be bound to follow any rules or restrictions published on this website or any instructions for the use of the Property or facilities or equipment provided at the Property which can be found at the Property.

In the event that You damage the Property, or any of the facilities or equipment offered at the Property, as a result of negiligence or misuse, then You will be liable to Us for the reasonable cost of making repairs and for any consequential losses as a result of such damage including the loss of subsequent lettings.

Reservations and Payments

You may make a provisional booking of a holiday letting at the Property by completing the form on this website. If the reservation is acceptable to Us, We will confirm this to You by email to the address you gave on the reservation form together with information on how to make payment.

All major Credit/Debit Cards and bank transfers are acceptable methods of payment. Our Terms are:
• Payment of a deposit of 40% of the letting fee prior to confirmation of a holiday letting; and,
• Payment of the balance of the letting fee not less than [30] days prior to commencement of a holiday letting.

On payment of the deposit, or payment in full if the booking is made less than [30] days prior to commencement of the letting of the Property, we will confirm the reservation to You at the email address given by you on making the reservation.

On receipt of payment in full, You may take up residence at the Property at the agreed date and for the duration in the confirmed reservation.

Cancellation Policy

Cancellation by You

You may cancel a reservation at any time, however:
• If You cancel after making the deposit payment and not less than [30] days prior to the commencement of the holiday letting, we will endeavour to relet the Property to another party. In the event that We secure a reletting of the Property, Your deposit will be returned to You less any costs or losses or expenses, including administrative expenses, necessarily incurred by Us in securing a reletting.
• If You cancel less than 30 days prior to the commencement of the holiday letting, then your deposit will be forfeit.  We will endeavour to relet the Property to another party.  In the event that we secure a reletting of the Property, then we will refund any amounts paid, less the deposit and any costs, losses or expenses, including administrative expenses, necessarily incurred by Us in securing the reletting. In the event that We are unable to secure a reletting of the Property, then any and all amounts paid by You will be forfeited. Where you have a confirmed reservation for the Property and  You fail to make payment of any balance due by the date 30 days before the commencement of the letting then the letting will be deemed to be cancelled, the provisions of this clause will apply, and the balance of the letting fees will be due and payable immediately. In the event of Your failing to pay in the letting fee in full, we reserve the right to pursue You, through the courts if necessary, for all sums due from You to Us.

Cancellation by You may be made through the use of the contact form on our website or in writing to:

Administrator
Makosieje 18
Makosieje
Ełk
19-314
Poland

Cancellation will occur on receipt of notice of cancellation by Us.

Cancellation by Us

In the event that We are obliged to cancel a reservation due to matters outside Our reasonable control, then:
• We shall promptly return any monies paid to Us by You; and,
• We shall use all practicable endeavours to assist You to secure alternative accommodation in the district.

We shall have no other liability for cancellation except as expressly provided for above or to the extent permitted by law. Your statutory rights as a consumer are not affected.

Insurance

We recommend that You obtain suitable holiday insurance cover which will reimburse your costs and/or losses in the event of your inability to travel as a result of illness or other causes.  In the event that You are uninsured or fail to insure or are not covered by your insurance We accept no liability for the consequences.

Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an „as is” basis. To the fullest extent permitted by law, makosieje18.com:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Our literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Poland govern these terms and conditions. By accessing this website and/or reserving accommodation at the Property and/or using the Property You consent to these terms and conditions and to the exclusive jurisdiction of the Polish courts in all disputes arising. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Our failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by Us.

Notification of Changes

We reserve the right to change these conditions from time to time as We see fit and Your continued use of the site will signify Your acceptance of any adjustment to these terms.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.