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RENTAL REGULATIONS

RENTAL REGULATIONS

 

Introduction

 

This document (hereinafter referred to as the Regulations) sets out the detailed rental rules, including the obligations of the Lessee and constitutes an integral part of the rental agreement concluded between the Lessor and the Lessee.

 

Definitions

 

  1. Lessor– Romana Å»ukrowska running a business under the name KAKAZU STUDIO Romana Å»ukrowska at Å»óÅ‚ków 44, 63-210 Å»erków, NIP: 6171906360, REGON: 384532021, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Development, Labor and Technology.

  2. Lessee - an adult natural person concluding a Rental Agreement with the Lessor.

  3. Equipment - glamping tent/tents with equipment.

  4. Rental Agreement - a separate agreement regarding the rental of the Equipment for the Lessee, specifying the basic terms of the rental.

  5. Price list - a price list specifying the rental fees and additional services valid as at the date of concluding the Rental Agreement, available at the Lessor's registered office and on its website at https://www.wonka-camp.com/.

I. General Provisions

  1. The equipment is the sole property of the Lessor.

  2. The equipment offered by the Lessor is fully operational.

  3. The equipment can only be rented by an adult  person with full legal capacity. The Lessor reserves the right to verify the Lessee by requesting a valid identity document. Refusal to present a valid identity document results in the inability to conclude the Rental Agreement.

  4. The prices indicated in the Price List are gross prices expressed in Polish zlotys.

  5. The Lessor reserves the right to change the Price List. The change of the Price List does not apply to rental contracts in the case of making a reservation during the validity of the previous version of the Price List.

  6. The delivery and return of the Equipment is on the Lessor's side, with the use of transportation organized by him, unless otherwise agreed with the Lessee.

  7. Contact with the Lessor is possible:

 

II. Reservations

  1. Equipment reservations are made in accordance with the Regulations of the website https://www.wonka-camp.com/.

  2. The rental agreement is concluded with the person making the reservation. It is acceptable to conclude a contract with another person if it has been clearly indicated by the person making the reservation.

 

III. Lessee's obligations

  1. The Lessee is obliged to either provide the Lessor with a plan showing the arrangement of the tents, or to indicate in person or send a representative to the place of order execution in order to indicate the manner of arranging the tents. If these conditions are not met, the Lessor will decide on the arrangement of the tents according to own discretion and knowledge.

  2. The Lessee is obliged to choose a safe area for setting up the tents, which is not wet, muddy, swampy or at risk of flooding, etc. The Lessor is not responsible for damages related to flooding, fire, storm, wind, unsuitable terrain, or other random events.

  3. The Lessee should also provide easy access by car to the area where the tents are to be pitched, or provide parking, which, however, will not be more than 50 meters away from the chosen glamping site spot/the area where the tents should be pitched (due to the need to move heavy packages). All parking fees are on the Lessee side.

  4. All fees related to the use and preparation of the area for the execution of the order, enabling the Lessor to perform the order, shall be borne by the Lessee.

  5. The Lessee may use the rented tents only after they have been fully unfolded and installed by the Lessor (if he commissioned it to the Lessor).

  6. The Lessee is responsible for the proper and safe use of the entrusted Equipment, committing to return it in an unchanged condition.

  7. The Lessee must ensure that the tents are completely closed and secured when not in use during the rental period - which means the doors and windows are locked tightly (also at the end of the rental).

  8. The Lessee can not change anything in the entrusted Equipment, its appearance, structure, purpose, etc. (the Lessee can not add or subtract any parts, hang, glue, sew on, attach e.g. own garlands, decorations, etc.) without agreeing this in writing with the Lessor.

  9. Keeping animals in tents is not allowed. In addition, the Tenant will make efforts not to let any wild animals (e.g. insects, rodents) into the tents by closing the doors and windows when the tent is not in use and keeping food in safe, closed packages, removing garbage, etc.

  10. Smoking (tobacco as well as other substances) is prohibited in the tents.

  11. It is also forbidden to use objects with an open flame in the tents, i.e. candles, lamps, heating, cooking equipment, the use of gas and electric appliances other than those agreed with the Lessor.

  12. It is forbidden to cook inside the tents and use any gas appliances inside.

  13. Any bonfires, grills, fireworks, cooking with open fire are possible at a distance of at least 10 meters from the tents and all their use and the associated risks are on the Lessee's side.

  14. It is forbidden to use the tents and the rented Equipment for purposes other than those stipulated in the rental agreement, it is forbidden to sublease them to third parties, lend them, or use them in a way that is contrary to the law.

  15. Tents and their equipment should be returned clean and undamaged, as well as without rubbish.

  16. The Lessee bears full responsibility for arranging, in the case of renting the area/land on which he wish the tents to be pitched, all legally required permits and notifications in the institutions intended for this purpose. If, due to failure to follow/get familiar with these obligations, there are delays or changes in the reservation, the Lessee covers the costs of these changes to the Lessor.

  17. The Lessee should inform the Lessor no later than 28 days before the execution of the order about any new conditions, requirements, if any, regarding the use of the area and the pitching of tents related thereto. If the Lessor is unable to meet these new conditions, the Lessee will be informed immediately.

 

IV. Lessor's liability

  1. The Lessor is responsible for the correct delivery, assembly, and then disassembly and collection of the Equipment, unless the indicated responsibilities are charged, in accordance with the contract,  to the Lessee.

  2. The Lessor is not liable for damages, injuries to persons or loss/theft and damage of the rented Equipment during the term of the lease, unless it is proven that such damages were the results of the Lessor's negligence.

  3. The Lessor ensures the delivery, installation and disassembly of the rented equipment and this is included in the total rental charge. At the Lessee's special request, however, the equipment may be rented without the transport and assembly/assembly service. In this case, however, the Lessor shall not be liable for injuries, body damage and Equipment caused during or as a result of the assembly/disassembly and transport of the Equipment by the Lessee.

 

V. Lessee's responsibility

  1. Lending the Equipment to a third party, including a minor, is at the sole responsibility of the Lessee.

  2. The Lessee is responsible for the consequences of improper use of the Equipment.

  3. The Lessee is the only party responsible for any damage caused to the area/land used for setting up rented tents.

  4. The costs of theft / loss / destruction / transfer of ownership / serious damage to the Equipment covered by the subject of the Rental Agreement during the term of the Rental Agreement are covered by the Lessee.

  5. Any large dirt/soiling of the tents and its equipment will be removed at the Lessee's expense. The Lessee will also be charged for the disposal of garbage left in the tents, if necessary.

  6. The Lessee will be charged with all additional costs related to the need to remove changes that he introduced after setting up the tents (e.g. rearranging the decor or arranging the tents, etc.) if these changes took place without the Lessor's consent or acknowledgment.

  7. The Lessee shall be charged with any additional costs incurred by the Lessor that resulted  from improper or failure information given ( or not given) to the Lessor about the physical and legal condition of the area intended for the installation of the tent, as a result of which the Lessor had to perform additional work not included in the contract or there was a delay in assembling the Equipment and starting the lease.

  8. If the Lessee cannot return the Equipment within the agreed time limit, he should inform the Lessor about it by phone or e-mail before the return deadline expires. In the event that the Lessee fails to return the Equipment within the agreed period or does not enable the Lessor's representative to dismantle and collect the Equipment, the Lessor reserves the right to report the case to the competent law enforcement authorities due to the suspicion of misappropriation of property.

  9. The Lessee is not responsible for the normal wear and tear of the Equipment and additional equipment resulting from its intended use.

  10. If damage is found upon receipt of the Equipment from the Lessee as a result of damage / destruction / loss / soiling / transfer of ownership of part or all of the Equipment being the subject of the Rental Agreement, a report is drawn up, confirmed by photographic documentation and signed by the parties making the acceptance. It is recommended that in such a situation the Lessee also prepares photographic documentation. Minor, single scratches, openings, etc. minor damage found, not affecting the use of the rented Equipment, do not constitute the basis for deductions from the deposit and are not included in the protocol.

  11. The cost of repairing the damage stated in par. 10 shall be determined by the Lessor based on the value of deficiencies or repair price. The Lessee authorizes the Lessor to use the deposit fee to cover calculated cost of repairing damages found. If the deposit amount is not sufficient, the Lessee is obliged to cover the rest of the costs.

  12. Determining the use of the Equipment or additional equipment contrary to its intended purpose may result in the immediate termination of the Rental Agreement and charging the Lessee with the costs of repairs and restoring the Equipment to use, without the right to reimbursement of remuneration for unused rental time.

 

VI. Final Provisions

  1. The Lessor reserves the right to change these Regulations. The Lessor shall inform about the changes to the Regulations on its website https://www.wonka-camp.com/ at least 7 days before the date of entry into force of the changes. Changes to the Regulations do not apply to Rental Agreements concluded in connection with a reservation made during the validity of the previous version of the Regulations.

  2. For matters not covered by this agreement, the relevant provisions of the Civil Code, in particular those relating to lease, shall apply.

  3. The Regulations come into force on May 24, 2021.

WEBSITE and RESERNATIONS REGULATIONS

 

 

The website available at https://www.wonka-camp.com/ is made available by the Service Provider on the terms set out in this document constituting the regulations pursuant to the Act of 18 July 2002 on the provision of electronic services (referred to as the Regulations) .

 

These Regulations define the rules for using the Website, types of electronic services provided via the Website and the rights and obligations of the Service Recipients and the Service Provider. Getting acquainted with these Regulations is the obligation of each Service Recipient.

 

Service Provider's contact details:

- phone: +48 512 012 401,

- e-mail address: wonkabykakazu@gmail.com.

 

 

§1. Definitions

  1. Website (Website) - a website available at https://www.wonka-camp.com/.

  2. Service Provider (Landlord) - Romana Å»ukrowska running a business under the name KAKAZU STUDIO Romana Å»ukrowska at Å»óÅ‚ków 44, 63-210 Å»erków, NIP: 6171906360, REGON: 384532021, entered into the register of entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Development, Labor and Technology.

  3. Service Recipient (Renant) - a natural person, legal person or organizational unit without legal personality, which is granted legal capacity by law, using the Website, Services provided by the Service Provider or concluding a Rental Agreement with the Service Provider.

  4. Service - a service provided electronically by the Service Provider to the Service Recipient via the Website or in accordance with the offer posted on the Website.

  5. Rental Agreement - a rental agreement for a glamping tent, including any additional options (assembly/assembly of the tent or delivery/collection), concluded for a definite period of time.

  6. Reservation - a declaration of will made by the Service Recipient by e-mail or telephone about the intention to conclude a Rental Agreement.

  7. Reservation fee - a deposit fee paid by the Customer in the amount of 50% of the remuneration due to the Service Provider under the Rental Agreement, to be credited towards this remuneration, the payment of which is a condition for concluding the Rental Agreement.

  8. Rental amount - remuneration due to the Service Provider under the Rental Agreement, including in particular the basic fee for the tent and the fee for additional services (assembly/assembly of the tent, delivery/collection of the tent or additional equipment).

 

§2. General provisions

  1. The Service Provider undertakes to provide services to the Customer to the extent and under the conditions set out in the Regulations.

  2. The Service Recipient undertakes to use the Website in accordance with the rules set out in the Regulations, applicable law and principles of social coexistence.

  3. Using the Website and Services means acceptance by the Service Recipient of the conditions set out in the Regulations and the Privacy Policy.

  4. The Service Provider complies with the principles of protection of personal data of the Service Recipients provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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. The Service Recipient agrees to the collection, storage and processing of personal data by the Service Provider in order to perform the service. Detailed rules for the processing of personal data of the Service Recipients are specified by the Website. The Service Provider may use the Customer's data for the purpose of marketing services only with the express consent of the Customer or on the basis of applicable law.

  5. The provisions of the Regulations regarding consumers shall apply accordingly to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

  6. It is forbidden for the Customer to provide illegal or offensive content to the Website. The Service Recipient is obliged to use the websites in a way that does not interfere with their functioning, in particular by not using specific software (including malware) or devices.

  7. Particular risks related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network and interfering with this data, which may result in, in particular, their loss, unauthorized change or preventing the use of services offered using the Website.

 

§3. General Terms of Service

  1. Services provided electronically by the Service Provider consist in particular in:

  • enabling the Service Recipient to access the Website, including the offer, news and other information posted on the Website pages and to display them on the Service Recipient's end device,

  • enabling the Service Recipient to complete the contact form, in particular in order to make a Reservation and conclude a Rental Agreement.

  1. Technical requirements necessary to use the services provided by the Service Provider:

  • device with Internet access,

  • a web browser that supports cookies,

  • access to e-mail.

  1. The service recipient bears the fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.

 

§4. Reservation. Lease agreement

  1. In order to make a reservation, the Service Recipient contacts the Service Provider at his e-mail address, indicating in the content of the message the preferred rental date, the type of the selected tent and any additional services, in particular additional equipment, delivery/collection of the tent or erection/assembly of the tent by the Service Provider.

  2. In response, the Service Recipient receives a message containing information about the terms of the Rental Agreement, including information about the remuneration and any additional fees and the Rental Regulations.

  3. After the Customer confirms the will to be bound by the Rental Agreement on the terms proposed by the Service Provider in accordance with point 2, the Service Provider sends the Rental Agreement and a proforma invoice to the e-mail address covering the full costs incurred by the Customer.

  4. Within a maximum period of 3 days from the receipt of the message referred to in point 3, the Service Recipient is obliged to:

  • signing and returning the Rental Agreement to the Service Provider (it is acceptable to send the Rental Agreement in the form of a scan or photo to the Service Provider's e-mail address),

  • pay the Reservation Fee in the amount of 50% of the Rental Amount indicated on the proforma invoice.

  1. The tent reservation is maintained by the Service Provider until the Service Recipient completes the activities referred to in point 4.

  2. Failure to pay the Reservation Fee or failure to provide the Service Provider with the signed Rental Agreement within the prescribed period results in the cancellation of the Reservation and the Service Provider's withdrawal from the Rental Agreement.

  3. The Service Recipient is obliged to pay a refundable deposit in the amount of 20% of the Rental Amount indicated on the proforma invoice, as security for any claims of the Service Provider. The amount of the deposit (reduced by possible claims of the Service Provider) will be returned within 14 days from the end of the lease to the bank account indicated by the Customer.

  4. The Service Recipient is obliged to pay the remaining part of the remuneration for the rental and the refundable deposit at least 28 days before the start of the rental in accordance with the terms of the Rental Agreement.

  5. If the Customer fails to make the payment in accordance with point 8, the Service Provider has the right to withdraw from the Rental Agreement. A declaration of withdrawal from the Rental Agreement will be submitted to the Service Recipient by e-mail to the e-mail address from which the Service Recipient contacted the Service Provider. The booking fee paid by the Customer is non-refundable.

  6. An integral part of the Rental Agreement is the Rental Regulations constituting Annex No. 1 to these Regulations.

 

§5. Changing the Booking or resigning from the rental

 

  1. The Service Recipient may make changes to the Booking, i.e. change the number of tents, equipment, length of rental, location, but not later than 28 days before the start of the rental. The possibility of changing the Reservation depends on the availability of the subject of the lease, confirmed by the Service Provider.

  2. In the event of resignation from the rental notified to the Service Provider no later than 28 days before the planned start of the rental, the Service Recipient is entitled to a refund of the Rental Amount less the Reservation Fee.

  3. In the event of resignation from the rental notified to the Service Provider within a period shorter than 28 days before the planned start of the rental, the Rental Amount is not refundable in any part.

  4. In the event of resignation from the rental notified to the Service Provider within a period shorter than 28 days before the planned start of the rental, if the resignation is justified by sudden reasons independent of the Service Recipient (e.g. extreme weather conditions), and the tents have not yet been pitched in the area indicated by the Service Recipient, the Service Recipient a different rental period may be offered (according to the availability of tents at the time) at the same price, quantity and on the same terms.

  5. The return of the Rental Amount referred to in point 2 shall be made to the bank account indicated by the Customer within 14 working days from the receipt of the resignation by the Service Provider.

  6. The Service Recipient informs the Service Provider about the change of the Booking or resignation from the rental only by e-mail.

  7. Resignation from the rental is also understood as the inability to perform the Rental Agreement for reasons attributable to the Customer or reasons attributable to him, including those caused by his action or omission.

 

§6. Prices and payment terms

  1. The prices of the Services used by the Service Provider are expressed in Polish zlotys (PLN) and are gross prices, unless otherwise stated in the sales document or the Agreement.

  2. The service provider documents the sale with a VAT invoice. The Service Recipient accepts receiving a VAT invoice electronically without the Service Provider's signature.

  3. The payment is made to the Service Provider's bank account indicated on the invoice.

  4. If the Parties have agreed that the payment will be made on a deferred payment date, the Customer is obliged to pay on time and under the conditions indicated on the invoice issued by the Service Provider, unless the Parties have agreed otherwise.

  5. In the event of a delay in payment, the Service Provider is entitled to demand from the Customer who is an entrepreneur the payment of statutory interest for delay in commercial transactions and to charge the Customer a flat fee of EUR 40 as compensation for the costs of recovering receivables in accordance with art. 10 of the Act on counteracting excessive delays in commercial transactions.

 

§7. Service Provider's Responsibility

  1. The Service Provider informs that pursuant to art. 15 of the Act of 18 July 2002 on the provision of electronic services is not obliged to check the data transmitted, stored or made available by him, referred to in art. 12-14 of the said Act, unless the data comes from him.

  2. The Service Provider is not responsible for the obligations of the Service Recipients resulting from their activities on the Website.

  3. The Service Provider is not responsible for the data entered by the Service Recipients on the Website and is not responsible for actions performed by the Service Recipient that contributed to any damage to this Service Recipient or other Service Recipients or third parties, or prevented or hindered the provision of services by the Service Provider.

  4. The Service Provider is not responsible for the content of websites and for any damages incurred by the Service Recipients or third parties in connection with access to websites to which redirection may occur via links available on the Website.

  5. The Service Provider shall not be liable for interruptions in the functioning of the Website and damages incurred by the Service Recipient in this respect, if they were caused by force majeure, which could not be foreseen, and if the occurrence of force majeure was foreseeable - when the consequences of its occurrence could not be prevented .

  6. The risk related to the use, use, possession and use of information made available on the Website is borne by the Service Recipient. The Service Provider shall not be liable to the Service Recipients or third parties for damages, both direct and indirect, related to the use of information provided on the Website.

 

§8. Withdrawal from the contract

  1. The Service Recipient who is a consumer has the right to withdraw from a contract concluded remotely or off-premises of the Service Provider within 14 days from the date on which the contract was concluded. To meet the deadline, it is enough to send a statement to the address of the registered office or e-mail address of the Service Provider.

  2. In the event of withdrawal from the contract, it is considered void and the consumer is released from any obligations. Payments made by the consumer will be returned by the Service Provider in the same form in which the consumer made the payment, unless the consumer agrees to return the payment in a different way that will not result in additional charges for him. The return takes place within 14 days from the date of withdrawal from the contract.

  3. In connection with Art. 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw is not entitled, among others for the provision of accommodation services other than for residential purposes, transport 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.

 

§9. Complaints procedure

  1. In the event of non-performance or improper performance by the Service Provider of the services provided via the Website, the Service Recipient is entitled to submit a complaint by e-mail to wonkabykakazu@gmail.com.

  2. A properly submitted complaint should contain the designation of the Service Recipient (name and surname and e-mail address), the subject of the complaint along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint. In the event of providing incomplete data, the Service Provider will call the Customer to complete the data within no more than 7 days.

  3. The complaint is considered by the Service Provider within 14 days from the date of receipt of the complaint.

 

§10. Intellectual property

  1. All content posted on the Website pages (including graphics, texts, page layout and logos), and not originating from the Service Recipients or other suppliers, enjoy the protection provided for copyright and are the sole property of the Service Provider. The use of this content without the written consent of the Service Provider results in civil and criminal liability.

  2. The Service Recipient is obliged to use any content posted on the Website only for his own personal use. The use of content in a different scope is allowed only if so explicitly indicated by the Service Provider on the Website.

  3. The use of the Website, including the use of text and graphic materials, photos, applications, databases or other content, does not mean that the Customer acquires any rights in relation to the indicated content, and in particular, it does not mean the acquisition of proprietary copyrights, related rights or licenses.

  4. It is forbidden to undertake the following activities without the express consent of the Service Provider:

  • copying, modifying and transmitting electronically or otherwise the Website or its parts, as well as individual content made available through it,

  • dissemination of content published on the Website in any way,

  • downloading the content of databases and its secondary use in whole or in part.

 

§11. Final Provisions

  1. The Service Provider reserves the right to change these Regulations. The Service Provider shall notify the changes to the Regulations on the Website at least 14 days before the changes to the Regulations come into force. The change in the provisions of the Regulations does not apply to the Service Recipients who placed an order for the Service during the validity of the previous version of the Regulations. Amendments to the Regulations during the duration of the contractual relationship of a continuous nature bind the other party, if the requirements set out in art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.

  2. The Service Provider reserves the right to periodically disable access to the Service or selected functionalities of the Service in the event that it is necessary for the development or maintenance of technical or ICT resources of the Service Provider related to the operation of the Service.

  3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.

  4. Disputes arising from the provision of services under these Regulations will be resolved amicably in the first place. In the absence of an amicable resolution of the dispute within 2 months from the moment of its occurrence, it will be submitted for resolution to the common court according to the seat of the Service Provider, unless the relevant provisions provide otherwise.

  5. The service recipient who is a consumer has the right to use out-of-court methods of settling disputes and pursuing claims through mediation or arbitration. Regardless of this, the consumer may ask for help from the municipal (poviat) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at . The Service Recipient who is a consumer may also use the electronic method of resolving disputes with the Service Provider via the ODR platform available at .

  6. The Regulations come into force on May 24, 2021.

Address

KAKAZU STUDIO

Żółków 44

63-210 Żerków

Telephone

512 012 401

E-mail

​

wonkabykakazu@gmail.com

​

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