SUN & SNOW – SUN & SNOW Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Gałczyńskiego 4, 00-362 Warsaw, entered in the Register of Entrepreneurs kept by the District Court in Warsaw, 13th Commercial Division of the National Court Register under number 000318497, REGON: 141534979, NIP: 5213507582, share capital of PLN 2,023,250.00, being a party to the Apartment rental agreement for a leisure or tourist stay concluded with the Client.

Client – a natural or legal person who is a party to an agreement for the temporary use of residential premises (an Apartment rental agreement for a leisure or tourist stay) that is at the disposal of Sun & Snow.

Apartment – residential premises described in detail in the offer presented on the Sun & Snow website, which the Client rents for a temporary stay for leisure or tourist purposes.

§ 1
General provisions

1. These general terms and conditions for the use of premises, hereinafter referred to as the Terms and Conditions, form an integral part of the Apartment rental agreement for a leisure or tourist stay concluded between the Client and Sun & Snow, or an attorney representing Sun & Snow.
2. Sun & Snow declares that, pursuant to an agreement with the owner of the residential premises, hereinafter referred to as the Apartment, it is authorized, as part of its rental management, to provide services consisting in the temporary provision of the Apartment to Clients for short-term leisure or tourist stays.
3. Under the rental agreement, Sun & Snow undertakes to prepare the Apartment for the Client and make it available to the Client in exchange for the agreed remuneration.
4. Sun & Snow complies with the Code of Good Practice in the hotel industry (Hotelier’s Code) of 2004.

§ 2
Reservation

1. Before making a reservation and entering into the rental agreement, the Client undertakes to read these Terms and Conditions. Making a reservation is equivalent to accepting the Terms and Conditions.

2. Reservations may be made using an ICT system: via the website www.sunandsnow.pl, by e-mail at rezerwacja@sunandsnow.pl, or by telephone at 22 450 26 26. The Client making the reservation declares that they are of legal age.

3. The current catalogue of Apartments available for short-term tourist rental, together with their detailed descriptions, is available at www.sunandsnow.pl. The photos presented in the offer are for illustrative purposes only. Apartments managed by Sun & Snow Sp. z o.o. may show signs of use resulting from natural wear and tear, which do not affect their functional value.

4. To make an online reservation, the Client should use a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox or Opera.

5. After making an Apartment reservation online, by telephone or by e-mail, the Client will receive a form containing information about the reservation to their e-mail inbox.

6. Two reservation price options are available as part of the offer:

• Standard Offer – requires payment of a deposit amounting to 30% of the stay value within 60 minutes of making the reservation. The Client may change the reservation free of charge up to 14 days before the planned arrival date. The remaining part of the Apartment rental fee (70%) may be paid by the Client:
  • by bank transfer to the account indicated in the e-mail received after making the reservation,
  • via the PayLane payment system,
  • by payment card.

If the reservation is made 5 days or less before the planned arrival date, the Client is required to pay 100% of the stay value within 60 minutes of making the reservation.

• Non-refundable Offer – is 5% cheaper than the rental price under the standard offer. The total value of the stay must be paid within 60 minutes of making the reservation. Under this offer, the Client is not entitled to a refund of the funds paid or to change the reservation date.

7. The choice of offer type (Standard or Non-refundable) made during the reservation is binding and cannot be changed later. The Client is obliged to read the terms of the selected option before making payment. If payment is not made within the specified time, the reservation is automatically cancelled in accordance with the rules set out in these Terms and Conditions.

8. Creating a reservation by telephone by the Client also constitutes entering into an agreement under the terms set out in the Terms and Conditions.

9. If a reservation is made and the deposit is not paid, the reservation will be automatically cancelled. Restoring the reservation is possible only if the premises are available, and the rental price may change.

10. An Apartment may be reserved for a period of at least 1 night, which also constitutes the minimum duration of the rental agreement. Sun & Snow reserves the right to set other, longer-than-minimum stay periods depending on the date.

11. Discounts presented on the website www.sunandsnow.pl automatically reduce the rental value on a specific date. They may be combined with individual Sun & Snow discount codes and discount codes from external providers. Sun & Snow discount codes and discount codes from external providers cannot be combined with stay vouchers. Sun & Snow reserves the right to differentiate discount codes in terms of whether they may be combined with other discounts. Amount vouchers constitute a means of payment, and their use is not subject to any restrictions.

12. Sun & Snow cooperates with Oktan Brzeski Grzenkowicz sp. z o.o. with its registered office in Słupsk at ul. Bohaterów Westerplatte 7, 76-200 Słupsk, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000856814, which operates holiday facilities in Hel, at ul. Kuracyjna 11 under the name “Cypel Helski” and at ul. Kuracyjna 26 under the name “Helski Brzeg”.

• Sun & Snow offers accommodation services at Cypel Helski and Helski Brzeg as part of its cooperation on an agency basis, and offers concerning Cypel Helski and Helski Brzeg will each time be marked on the website www.sunandsnow.pl as: Cypel Helski / Helski Brzeg. In the case of telephone reservations, this will be indicated by clear information referring to Cypel Helski / Helski Brzeg.
• If a tourist makes a reservation for a Cypel Helski / Helski Brzeg offer, the stay service will be provided by Cypel Helski / Helski Brzeg under the rules set out in the current regulations of Cypel Helski / Helski Brzeg available at the following links: Regulations – Cypel Helski – Apartments for rent on the Hel Peninsula and Regulations – Helski Brzeg – Wonderful apartments at the Hel Peninsula tip, taking into account the rules set out in this paragraph.
• By making a reservation for a Cypel Helski / Helski Brzeg accommodation service, the tourist reads the Cypel Helski / Helski Brzeg regulations and declares that they are familiar with the provisions of those regulations and undertake to comply with them.
• The offer of Cypel Helski / Helski Brzeg will in each case have the following nature and rules: a tourist wishing to use the accommodation offer through Sun & Snow pays 100% of the stay value within one hour of making the reservation; each reservation made by the tourist is irrevocable; the tourist may change the date of the reservation no later than 7 days before the arrival date, subject to the availability of the selected type of premises at Cypel Helski / Helski Brzeg on the new date; after arrival at the place of stay, the tourist shall pay the climate fee and any other locally required fees directly to Cypel Helski / Helski Brzeg. An invoice for fees paid directly at Cypel Helski / Helski Brzeg will be issued by that entity.
• Any complaint claims shall be submitted by the tourist directly to Cypel Helski / Helski Brzeg in accordance with the regulations referred to in point three above.
• In matters not regulated in the Cypel Helski / Helski Brzeg regulations, the provisions of these Terms and Conditions shall apply.

§ 3
Service fee and payment terms

1. The amount of the Apartment rental fee, together with additional costs, is each time specified in the reservation confirmation form received after making the reservation or by telephone when making the reservation.
2. The fee indicated in the price offer on the website and in the reservation form includes 8% value added tax.
3. The Apartment rental fee includes:

• a service fee (fee for preparing and cleaning the Apartment)
• a fee for the stay in the Apartment of the number of persons agreed in the agreement

Additional fees and deposits indicated in the reservation form or agreement may be added to the rental fee.

4. The Apartment rental fee does not include: additional cleaning during the stay, additional change of bed linen and towels, rental of a baby cot, pet stay, parking costs, breakfasts or any other additional services.
5. The reservation fee is a fee for removing a specific apartment from the Sun & Snow offer on a specific date for another potential Client. If the reservation is completed, the reservation fee paid will constitute part of the stay fee. If the reservation fee is paid on time, the Client will not be entitled to a refund.
6. The remaining part of the Apartment rental fee (70% of the order value) may be paid by the Client online using the electronic payment link sent in the e-mail received by the Client after making the reservation, or in their Click & Stay stay manager via the Fiserv system. Payment may also be made by traditional bank transfer (the date of crediting the payment shall apply).
7. Payments may be made:

• to the Sun & Snow bank account: 05 1160 2202 0000 0001 3190 2575
• by BLIK payment, payment card or electronic transfer via Fiserv S.A. with its registered office in Warsaw
• by BLIK payment through the external “imoje” payment system operated by ING Bank Śląski S.A. with its registered office in Katowice
• by PayPo payment through the external “imoje” payment system operated by ING Bank Śląski S.A. with its registered office in Katowice

8. At the time the Tourist makes the payment, the system will issue an advance invoice using the details provided during the reservation process in the reservation form. On the Tourist’s check-out date, a sales invoice will be issued. All modifications concerning sales invoices (splitting an invoice, changing details) are possible no later than 2 days after the end of the stay, provided that the Tourist sends all necessary information by e-mail to faktury@sunandsnow.pl. Information concerning invoices sent to other e-mail addresses will not be taken into account.

§ 4
Change and cancellation of the reservation by the Client

1. The Client may change the reservation free of charge up to 14 days before the planned arrival date. For this purpose, the Client should contact the Reservation Department in Warsaw at 22 450 26 26 or the local office (telephone numbers are available on the website www.sunandsnow.pl in the “Contact” tab).
2. The possibility of changing the reservation applies to the date, location and apartment. Making a change may involve a change in the rental price.
3. If changing the stay date is not possible and the Client withdraws from the agreement, i.e. cancels the reservation or fails to fulfil the terms of the agreement (no-show), Sun & Snow reserves the right to retain the entire fee paid.
4. If the reservation was paid with points or vouchers, the Client is not entitled to cancel the reservation free of charge. Cancellation of the stay results in the loss of all points paid / loss of the voucher.

§ 5
Change and cancellation of the reservation by Sun & Snow

1. Changing the reservation by Sun & Snow is possible only in the event of force majeure preventing Sun & Snow from providing the service. Force majeure means: natural disasters, occupation of the apartment by any state authority for any purpose, strikes, wars and riots, and deprivation of electricity, gas, heating energy or water supply by the Apartment supplier. In such a case, Sun & Snow is obliged to offer the Client another date and/or apartment. Sun & Snow may also withdraw from the agreement, refunding the reservation fee paid by the Client.
2. In exceptional situations (a failure in the Apartment or another random event), Sun & Snow reserves the right to provide substitute premises with parameters and area similar to the reserved Apartment. If the Client does not agree to the substitute Apartment, the agreement is terminated and Sun & Snow is obliged to refund the reservation fee paid by the Client.
3. Sun & Snow reserves the right to cancel a reservation without giving a reason within 24 hours of it being made. In the event of cancellation, the Client will receive a refund of all funds paid.

§ 6
Client stay procedure

1. The stay in the apartment begins at 4:00 p.m. on the first day of the reserved period. The Client is obliged to collect the keys to the Apartment from a Sun & Snow representative at the time agreed by the Parties. The opening hours of local offices are provided on the website www.sunandsnow.pl/kontakt.
2. If the apartment is included in the online check-in programme, the Client will receive the entry code to the apartment on the day of arrival at 3:45 p.m.
3. Check-in before 3:45 p.m. on the arrival day is possible subject to apartment availability. Availability of the apartment before that time must each time be confirmed with an employee of the local branch. Check-in before 3:45 p.m. on the arrival day involves an additional fee of PLN 50 gross, which the Tourist should pay no later than on the check-in date.
4. The Client is obliged to sign the rental agreement in the Click & Stay stay manager no later than on the check-in date (regardless of the method of reservation, i.e. the distribution channel). In exceptional cases, the Client may sign the rental agreement at the local office on the check-in date during the local office’s opening hours, after prior contact.
5. A Client who makes more than one reservation on the same or similar dates undertakes to enable a Sun & Snow representative to verify the data in their identity document against the data provided by the Client in the rental agreement when signing the registration card via the Click & Stay stay manager. The Sun & Snow representative will check the Client’s identity document on the check-in date. If the Client arrives outside the local office’s opening hours, a Sun & Snow employee will verify the Client’s identity document on the next day of the stay, arranging a convenient time with the Client for a visit to the apartment.
6. As security for possible compensation claims, Sun & Snow has the right to collect from the Client a deposit of PLN 300 for the stay in the Apartment no later than on the day the Client signs the rental agreement. The deposit is collected by electronic payment (card pre-authorisation) in the Click & Stay stay manager. In exceptional situations, the Client may pay the deposit in cash at the local office no later than on the check-in date, taking into account the local office’s opening hours. The deposit is non-interest-bearing and refundable after the end of the Client’s stay. Sun & Snow reserves the right to inspect the apartment within a maximum of 5 days from the Tenant’s departure.
7. In the case of cash payment, the deposit will be refunded by bank transfer after check-out within 10 days from the moment the Guest provides their bank account number. If a pre-authorisation of PLN 300 has been made on the Client’s card, the funds will be released by an employee of the local office within a maximum of 5 days from the check-out date.
8. The release of funds on the card depends on the bank with which the Client holds the payment card. It may take from 10 to 30 days.
9. If, during the Client’s stay, damage occurs in the apartment that cannot be immediately removed and causes the need to suspend sales of that premises or cancel reservations immediately following the Client’s stay, the Client undertakes to cover losses related to Sun & Snow’s lost financial benefits. The Client will be promptly informed by a Sun & Snow representative of the amount of lost benefits. Payment of the amount related to lost benefits does not release the Client from the obligation to cover damage caused during the Client’s use of the apartment. Sun & Snow reserves the right to collect the amount related to lost benefits from the deposit paid by the Client by retaining the deposit / charging the Client’s credit card.
10. The stay ends by 11:00 a.m. on the last day of the reserved period. By 11:00 a.m. (or another time agreed with Sun & Snow), the Client is obliged to leave the apartment. If the Client collected the keys at the local office on the arrival date, they are obliged to return them to a Sun & Snow representative at the local office on the check-out date. If the Client fails to leave the apartment by 11:00 a.m., Sun & Snow will charge the Client for the cost of the next night and retain the deposit.
12. The Client is obliged to observe quiet hours, as well as the health and safety and fire safety rules of the facility. Between 10:00 p.m. and 6:00 a.m., any behaviour disturbing residents’ rest is prohibited.
13. The Client undertakes to use the Apartment in accordance with its intended purpose, not to remove any equipment or decorative elements from the Apartment, and not to copy the keys to the Apartment provided to them for the duration of the stay. It is also prohibited to move items (glassware, dishes, furniture, etc.) between apartments.
14. A list of the apartment’s equipment is located in a visible place in the apartment. The Tenant is obliged to report any missing equipment, failures and inconveniences to a Sun & Snow employee within 2 hours of checking into the apartment. Failure to report any missing items is equivalent to the Tenant confirming that the equipment is complete and in good condition. If damage caused during the stay in the apartment and resulting from improper use is found, the repair costs will be fully covered by the Tenant by SUN & SNOW retaining part or all of the deposit and/or charging the Tenant’s credit card. If the repair cost exceeds the deposit amount collected, the Tenant undertakes to pay the difference. The repair cost will be estimated based on market prices.
15. Smoking in apartments is prohibited. A Client who does not comply with this prohibition may be charged a fee of PLN 500, corresponding to the cost of washing curtains and bedspreads in the apartment.
16. The Client is obliged to secure the Apartment each time they leave it by closing windows and locking the entrance door, and to exercise due care over the key.
17. The Client undertakes to ensure that the number of persons staying with them in the Apartment does not exceed the number specified as the maximum in the offer for the specific premises.
18. The Client undertakes not to keep animals in the Apartment (unless otherwise agreed with Sun & Snow). Sun & Snow charges a pet stay fee of PLN 40 per night. Failure by the Client to report a pet stay may result in Sun & Snow imposing a penalty of PLN 1,000. The Client is obliged to clean up after their pet (both in the apartment and on the balcony/terrace/in the garden). Otherwise, Sun & Snow reserves the right to impose an additional contractual penalty of PLN 100.
19. If the apartment key is collected from a locker in a key machine, the Client undertakes to return the key together with the attached fastening element, i.e. the SAIK Lock insert (hereinafter the “SAIK Lock Insert”), to the key machine on the check-out date. Failure by the Client to return the complete set (key together with the SAIK Lock Insert) to the locker in the key machine will result in a penalty of PLN 500 gross being imposed on the Client. This amount will cover the cost of purchasing the SAIK Lock Insert and replacing the lock. Failure to return only the key or only the SAIK Lock Insert to the locker in the key machine does not reduce the amount of the penalty. In the event of any doubts or the need to obtain assistance in connection with the use of the equipment described in this point or the terminology used in this point, the Client should contact an employee of the local branch.
20. The Client undertakes to leave in the apartment, on the check-out date, the Skipass card entitling the holder to use the slopes within the Czarna Góra Resort facility. Failure by the Client to leave the Skipass card will result in the Client being charged a penalty of PLN 25 (the fee will be deducted from the deposit paid by the Client).
21. Calling Sun & Snow employees or cooperating personnel by the Client outside the local office’s opening hours in situations that do not threaten the Tourist’s life or health, are not related to a serious failure that occurred in the apartment during the stay, and are not caused by Sun & Snow, will result in a penalty of PLN 150 being imposed on the Client and this amount being deducted from the deposit paid by the Client.
22. The Client and persons accompanying them are obliged to enable a Sun & Snow representative to temporarily register them in the Apartment by presenting a photo identity document to the Sun & Snow representative. Otherwise, the Sun & Snow employee has the right to refuse to issue the Apartment keys to the Client.
23. Sun & Snow is not liable for inconveniences arising during Guests’ stays related to construction or finishing works that may be carried out within the facility where the apartment is located, as well as around it, interruptions for reasons beyond the facility’s control in the supply of utilities (including electricity, water, central heating), or noise emissions from neighbouring properties.
24. Sun & Snow undertakes to equip the apartment with bed linen and towels for the number of persons indicated as the maximum in the offer. Sun & Snow Apartments are equipped with a small amount of cleaning products supplied by the cleaning service. The starter kit delivery service is provided once before the start of the stay.
25. In the event of a breach of the rules set out in this paragraph, Sun & Snow has the right to retain funds paid as a deposit to cover the cost of the stay in the apartment of an additional person (not reported), or restoring the apartment to its original or proper condition.
26. In the event of an exceptionally gross or hooligan-like breach of the rules set out in this paragraph, Sun & Snow has the right to terminate the agreement with immediate effect and remove the Client together with accompanying persons from the apartment.
27. During the stay in the Apartment, the Client has the right to report any comments and requests by calling the telephone number available on the information card provided on the check-in date.

§ 7
Contact details

1. Sun & Snow uses the following contact details:

• Telephone number of the Reservation Department in Warsaw: +48 (22) 450 26 26
• Telephone numbers of local offices (available on the website www.sunandsnow.pl in the “Contact” tab)
• website address: http://www.sunandsnow.pl/
• e-mail address: rezerwacja@sunandsnow.pl

2. The owner of the website www.sunandsnow.pl is Sun & Snow Sp. z o.o. The owner also holds the economic rights to this website.

§ 8
Withdrawal from the agreement

1. The Client has the right to withdraw from the rental agreement without giving a reason.
2. The right to withdraw from an agreement concluded via the Internet is regulated by the Consumer Rights Act of 30 May 2014, which implements EU Directive 2011/83. This Act provides that the right to return goods purchased online does not apply to accommodation services.
3. If the Client exercises the right to withdraw from the agreement during the stay, they shall bear all fees related to the reservation, i.e. they lose the reservation fee paid (30%) and are also obliged to pay the remaining stay fee (70%). In such a case, they are not entitled to a refund of the one-time apartment preparation fee.
4. If the Client exercises the right to withdraw from the agreement within 14 days before the planned check-in date or within a shorter period than 14 days, they lose the full amount paid for the reservation.
5. If the Client exercises the right to withdraw from the agreement more than 14 days before the planned check-in date, they lose the reservation fee amounting to 30% of the reservation value.
6. Withdrawal from the agreement should be made by telephone or e-mail contact indicated in § 7.

§ 9
Complaints

1. The Client has the right to submit a complaint regarding the conditions of stay, service standards and other factors over which Sun & Snow has influence. The Client has the right to pursue claims arising from complaints in accordance with the applicable provisions of law. The Client has 30 days to submit a complaint from the end of the stay.
2. A condition for considering a complaint is that it be submitted in writing to the company’s registered office address available on the website www.sunandsnow.pl or electronically to reklamacje@sunandsnow.pl. The complaint should contain the following information: reservation number and a description of the situation subject to the complaint.
3. The complaint will be considered within a maximum of 14 days from its receipt. Information on the outcome of the complaint consideration will be sent to the Client to the e-mail address, correspondence address or by telephone indicated by the Client. If the complaint is accepted, the Client will receive compensation proportional to the damage suffered.
4. If Sun & Snow does not accept the Consumer’s complaint and the Consumer disagrees with its decision, the Consumer may apply for mediation to the Mediation Centre at the District Chamber of Legal Advisers in Warsaw in accordance with the Rules of the Mediation Centre at the District Chamber of Legal Advisers in Warsaw. An application for dispute resolution should be addressed to the Mediation Centre at the District Chamber of Legal Advisers in Warsaw at: ul. Żytnia 15 lok. 16, 01-104 Warsaw.

§ 10
Limitation of liability

1. Sun & Snow is not liable for difficulties in accessing the reservation system on the website www.sunandsnow.pl for reasons beyond Sun & Snow’s control. Sun & Snow may suspend access to the www.sunandsnow.pl website for the period necessary to remove technical and organizational obstacles.
2. Both Sun & Snow and the Apartment owner are not liable for the Client’s property left in the Apartment, in particular for its loss or damage.
3. Both Sun & Snow and the Apartment owner are not liable for any inconveniences that may occur during the Client’s stay in the Apartment for reasons not attributable to Sun & Snow or the owner, including in particular those caused by interruptions in the supply of electricity, gas or water, as well as maintenance works in the building where the Apartment is located and within and outside the building.
4. The Client undertakes to provide data necessary to complete the reservation that is true and enables their identification (incorrect or false data may result in the inability to provide the Client with information necessary to complete the Client’s stay in the apartment). Sun & Snow is not liable for the inability to contact the Client before arrival if the data provided by the Client proves to be false or incorrect.

§ 11
Personal data

1. Sun & Snow pl Sp. z o.o., ul. Gałczyńskiego 4, 02-672 Warsaw, is the controller of personal data processed in connection with Users’ use of the Website and its functionalities. More information on personal data processing can be found at the following link: Privacy Policy.