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

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

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

§ 1
General provisions

1. These general terms and conditions for the use of the premises, hereinafter referred to as the Terms and Conditions, constitute an integral part of the Apartment rental agreement for a leisure or tourist stay concluded between the Client and Sun & Snow, or an authorised representative acting on behalf of Sun & Snow.
2. Sun & Snow declares that, under an agreement with the owner of the residential premises, hereinafter referred to as the Apartment, it is authorised, as part of its rental management services, to make the Apartment temporarily available to Clients for short 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 return for the agreed fee.
4. Sun & Snow complies with the 2004 Code of Good Practice in the Hospitality Industry (Hotelier’s Code).

§ 2
Booking

1. Before making a booking and entering into a rental agreement, the Client undertakes to read these Terms and Conditions. Making a booking constitutes acceptance of the Terms and Conditions.

2. Bookings may be made using electronic communication systems: through the website www.sunandsnow.pl, by email at rezerwacja@sunandsnow.pl, or by telephone on 22 450 26 26. The Client making the booking declares that they are at least 18 years old.

3. The current catalogue of Apartments available for short-term tourist rental, together with detailed descriptions, is available at www.sunandsnow.pl. The photographs 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 normal wear and tear, which do not affect their functionality.

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

5. After booking an Apartment online, by telephone or by email, the Client will receive an email containing a form with information about the booking.

6. The offer includes two booking price options:

• Standard Offer – requires payment of a booking fee equal to 30% of the total stay value within 60 minutes of making the booking, the remaining 70% up to 5 days before arrival. The Client may change the booking free of charge up to 14 days before the planned arrival date. The Client may pay the remaining Apartment rental fee (70%):
  • by bank transfer to the account specified in the email received after making the booking,
  • through the PayLane payment system,
  • by payment card.

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

• Non-Refundable Offer – is 5% cheaper than the rental price under the Standard Offer. The full value of the stay must be paid within 60 minutes of making the booking. Under this offer, payments are non-refundable and the booking dates cannot be changed.

7. The type of offer selected when making the booking, Standard or Non-Refundable, is binding and cannot be changed at a later date. Before making payment, the Client is required to read the terms of the selected option. If payment is not made within the specified time, the booking will be cancelled automatically in accordance with the rules set out in these Terms and Conditions.

8. A booking made by the Client by telephone also constitutes the conclusion of an agreement under the conditions specified in these Terms and Conditions.

9. If a booking is made but the booking fee is not paid, the booking will be cancelled automatically. The booking may only be reinstated if the premises remain available, and the rental price may change.

10. An Apartment may be booked for a minimum period of 1 night, which is also the minimum duration of the rental agreement. Sun & Snow reserves the right to set longer minimum stays depending on the selected dates.

11. Discounts presented on www.sunandsnow.pl automatically reduce the rental price for the specified dates. They may be combined with individual Sun & Snow discount codes and discount codes issued by external providers. Sun & Snow discount codes and discount codes issued by external providers cannot be combined with accommodation vouchers. Sun & Snow reserves the right to apply different rules to individual discount codes regarding whether they may be combined with other discounts. Monetary vouchers constitute a means of payment and may be used without restriction.

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

• As part of this cooperation, Sun & Snow offers accommodation services provided by Cypel Helski and Helski Brzeg on an intermediary basis. Offers concerning Cypel Helski and Helski Brzeg will always be identified on www.sunandsnow.pl as Cypel Helski / Helski Brzeg. For telephone bookings, the Client will be clearly informed that the offer concerns Cypel Helski / Helski Brzeg.
• If a Guest books a Cypel Helski / Helski Brzeg offer, the accommodation service will be provided by Cypel Helski / Helski Brzeg in accordance with the current Cypel Helski / Helski Brzeg terms and conditions available at the following links: Terms and Conditions – Cypel Helski – Apartments for rent on the Hel Peninsula / and Terms and Conditions – Helski Brzeg – Exceptional apartments at the tip of the Hel Peninsula, subject to the rules set out in this section.
• By booking an accommodation service at Cypel Helski / Helski Brzeg, the Guest confirms that they have read the terms and conditions of Cypel Helski / Helski Brzeg, are familiar with their provisions and undertake to comply with them.
• Every Cypel Helski / Helski Brzeg offer will be subject to the following conditions: a Guest wishing to book an accommodation offer through Sun & Snow must pay 100% of the total stay value within one hour of making the booking; every booking made by the Guest is non-cancellable; the Guest may change the booking dates no later than 7 days before the planned arrival date, provided that the selected type of premises at Cypel Helski / Helski Brzeg is available on the new dates; upon arrival at the property, the Guest will pay the local tourist tax and any other fees payable on site directly to Cypel Helski / Helski Brzeg. Invoices for fees paid directly to Cypel Helski / Helski Brzeg will be issued by that entity.
• Any complaints or claims must be submitted by the Guest directly to Cypel Helski / Helski Brzeg in accordance with the terms and conditions referred to in the third point above.
• Matters not covered by the terms and conditions of Cypel Helski / Helski Brzeg are governed by these Terms and Conditions.

§ 3
Service fee and payment terms

1. The Apartment rental fee, including any additional costs, is specified each time in the booking confirmation form received after making the booking or communicated by telephone when the booking is made.
2. The fee shown in the price offer on the website and in the booking form includes 8% VAT.
3. The Apartment rental fee includes:

• the service fee, covering the preparation and cleaning of the Apartment
• the fee for the stay in the Apartment of the number of persons specified in the agreement

Additional fees and security deposits specified in the booking form or agreement may be added to the rental fee.

4. The Apartment rental fee does not include additional cleaning during the stay, additional replacement of bed linen and towels, cot rental, pet stays, parking costs, breakfast or any other additional services.
5. The booking fee removes a specific apartment from the Sun & Snow offer for the selected dates, making it unavailable to other potential Clients. If the booking proceeds, the booking fee paid will form part of the total stay fee. If the booking fee is paid on time, the Client will not be entitled to a refund.
6. The Client may pay the remaining Apartment rental fee, equal to 70% of the total order value, online using the electronic payment link sent in the email received after making the booking or through the Click & Stay Guest Portal using the Fiserv system. Payment may also be made by traditional bank transfer, in which case the date on which the payment is credited to the account applies.
7. Payments may be made:

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

8. When the Guest makes a payment, the system will issue an advance payment invoice using the details provided in the booking form. A final sales invoice will be issued on the Guest’s check-out date. Any changes to sales invoices, including splitting an invoice or changing the details, may be requested no later than 2 days after the end of the stay, provided that the Guest sends all necessary information to faktury@sunandsnow.pl. Invoice information sent to any other email address will not be taken into account.

§ 4
Changes and cancellation by the Client

1. The Client may change the booking free of charge up to 14 days before the planned arrival date. To do so, the Client should contact the Booking Department in Warsaw on 22 450 26 26 or the relevant local office. Telephone numbers are available in the “Contact” section of www.sunandsnow.pl.
2. Changes may concern the dates, location or apartment. A change may result in a different rental price.
3. If changing the dates of the stay is not possible and the Client withdraws from the agreement, meaning that the Client cancels the booking or fails to comply with the terms of the agreement by not arriving, Sun & Snow reserves the right to retain the full amount paid.
4. If the booking was paid for using points or vouchers, the Client is not entitled to cancel it free of charge. Cancelling the stay will result in the loss of all points paid or the loss of the voucher.

§ 5
Changes and cancellation by Sun & Snow

1. Sun & Snow may change a booking only in the event of force majeure preventing Sun & Snow from providing the service. Force majeure includes natural disasters, the seizure of the apartment by any government authority for any purpose, strikes, wars and civil unrest, and the disconnection of electricity, gas, heating or water from the Apartment by the relevant supplier. In such circumstances, Sun & Snow is required to offer the Client alternative dates and/or an alternative apartment. Sun & Snow may also withdraw from the agreement and refund the booking fee paid by the Client.
2. In exceptional circumstances, such as a fault in the Apartment or another unforeseen event, Sun & Snow reserves the right to provide replacement premises of a similar size and standard to the booked Apartment. If the Client does not accept the replacement Apartment, the agreement will be terminated and Sun & Snow will be required to refund the booking fee paid by the Client.
3. Sun & Snow reserves the right to cancel a booking without giving a reason within 24 hours of the booking being made. If the booking is cancelled, the Client will receive a refund of all payments made.

§ 6
Procedure for the Client’s stay

1. The stay in the apartment begins at 4:00 p.m. on the first day of the booked period. The Client is required 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 at www.sunandsnow.pl/kontakt.
2. If the apartment is included in the online check-in programme, the Client will receive the apartment entry code at 3:45 p.m. on the arrival date.
3. Check-in before 3:45 p.m. on the arrival date is possible subject to Apartment availability. Availability before this time must always be confirmed with a member of staff at the relevant local office. Check-in before 3:45 p.m. on the arrival date is subject to an additional gross fee of PLN 50, which the Guest must pay no later than on the check-in date.
4. The Client is required to sign the rental agreement through the Click & Stay Guest Portal no later than on the check-in date, regardless of how the booking was made or which distribution channel was used. In exceptional cases, the Client may sign the rental agreement at the local office during its opening hours on the check-in date, subject to prior contact.
5. A Client who makes more than one booking for the same or similar dates undertakes to allow a Sun & Snow representative to verify the details shown on their identity document against the details provided in the rental agreement when signing the registration card through the Click & Stay Guest Portal. The Sun & Snow representative will inspect the identity document on the Client’s check-in date. If the Client arrives outside the local office opening hours, a Sun & Snow employee will verify the Client’s identity document on the following day of the stay, arranging a convenient time to visit the apartment with the Client.
6. To secure any potential claims for damages, Sun & Snow has the right to collect a security deposit of PLN 300 from the Client no later than on the date on which the Client signs the rental agreement. The security deposit is collected by electronic payment through card pre-authorisation in the Click & Stay Guest Portal. In exceptional circumstances, the Client may pay the security deposit in cash at the local office no later than on the check-in date, taking the local office opening hours into account. The security deposit is interest-free and will be refunded after the Client’s stay. Sun & Snow reserves the right to inspect the apartment within a maximum of 5 days after the Tenant’s departure.
7. If the security deposit was paid in cash, it will be refunded by bank transfer after check-out, within 10 days of the Guest providing their bank account number. If PLN 300 was pre-authorised on the Client’s card, the funds will be released by a member of staff at the local office within a maximum of 5 days after the check-out date.
8. The time required for funds to be released on the card depends on the bank that issued the Client’s payment card. It may take from 10 to 30 days.
9. If damage is caused to the apartment during the Client’s stay and cannot be repaired immediately, resulting in the need to suspend the sale of the premises or cancel bookings beginning directly after the Client’s stay, the Client undertakes to compensate Sun & Snow for losses associated with the resulting loss of financial benefit. The Client will be informed immediately by a Sun & Snow representative of the amount of the lost benefit. Payment of the amount associated with the lost benefit does not release the Client from the obligation to cover the cost of damage caused while using the apartment. Sun & Snow reserves the right to deduct the amount associated with the lost benefit from the security deposit paid by the Client by retaining the deposit and/or charging the Client’s credit card.
10. The stay ends by 11:00 a.m. on the final day of the booked period. By 11:00 a.m., or another time agreed with Sun & Snow, the Client is required to vacate the apartment. If the Client collected the keys from the local office on the arrival date, they are required to return them to a Sun & Snow representative at the local office on the check-out date. If the Client does not vacate the apartment by 11:00 a.m., Sun & Snow will charge the Client for an additional night and retain the security deposit.
12. The Client is required to observe quiet hours and comply with the property’s health and safety and fire safety regulations. Between 10:00 p.m. and 6:00 a.m., any behaviour that disturbs residents’ rest is prohibited.
13. The Client undertakes to use the Apartment in accordance with its intended purpose, not to remove any furnishings or decorative items from the Apartment, and not to copy the Apartment keys provided for the duration of the stay. Moving items such as glassware, dishes or furniture between apartments is also prohibited.
14. A list of the Apartment’s furnishings is displayed in a visible location in the Apartment. The Tenant is required to report any missing items, faults or inconvenience to a Sun & Snow employee within 2 hours of checking in to the Apartment. Failure to report any missing items constitutes confirmation by the Tenant that the furnishings are complete and in good condition. If damage caused during the stay as a result of improper use of the Apartment is identified, the full cost of repairing the damage will be covered by the Tenant through Sun & Snow retaining part or all of the security deposit and/or charging the Tenant’s credit card. If the repair cost exceeds the amount of the security deposit collected, the Tenant undertakes to pay the difference. The repair cost will be estimated based on market prices.
15. Smoking in the apartments is prohibited. A Client who fails to comply with this prohibition may be charged a fee of PLN 500, corresponding to the cost of cleaning the curtains and bedspreads in the apartment.
16. Whenever leaving the Apartment, the Client is required to secure it by closing the windows, locking the entrance door and taking proper care of the key.
17. The Client undertakes to ensure that the number of people staying with them in the Apartment does not exceed the maximum occupancy specified in the offer for the particular premises.
18. The Client undertakes not to keep animals in the Apartment unless otherwise agreed with Sun & Snow. Sun & Snow charges a pet fee of PLN 40 per night. If the Client fails to declare that a pet will be staying in the Apartment, Sun & Snow may impose a penalty of PLN 1,000. The Client is required to clean up after their pet, both inside the apartment and on the balcony, terrace or 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 key locker, the Client undertakes to return the key together with the attached securing component, namely the SAIK Lock insert, hereinafter referred to as the “SAIK Lock Insert”, to the key locker on the check-out date. Failure to return the complete set, consisting of the key and the SAIK Lock Insert, to the key locker will result in a gross penalty of PLN 500 being imposed on the Client. This amount covers the cost of purchasing a SAIK Lock Insert and replacing the lock. Returning only the key or only the SAIK Lock Insert to the key locker does not reduce the amount of the penalty. In the event of any uncertainty or if assistance is required in connection with the use of the equipment described in this point or the terminology used in this point, the Client should contact a member of staff at the local office.
20. The Client undertakes to leave the Ski Pass card, which provides access to the ski slopes at Czarna Góra Resort, in the apartment on the check-out date. If the Client fails to leave the Ski Pass card in the apartment, the Client will be charged a penalty of PLN 25, which will be deducted from the security deposit paid by the Client.
21. Calling out Sun & Snow employees or cooperating personnel outside the local office opening hours in situations that do not pose a threat to the Guest’s life or health, are not connected with a serious fault occurring in the apartment during the stay and are not attributable to Sun & Snow will result in a penalty of PLN 150 being imposed on the Client and deducted from the security deposit paid by the Client.
22. The Client and accompanying persons are required to allow a Sun & Snow representative to complete their temporary registration at the Apartment by presenting the Sun & Snow representative with photographic identification. Otherwise, the Sun & Snow employee has the right to refuse to release the Apartment keys to the Client.
23. Sun & Snow is not liable for inconvenience experienced by Guests during their stay in connection with construction or finishing work that may be carried out within or around the property in which the apartment is located, interruptions to utilities for reasons beyond the property’s control, including electricity, water or central heating, or noise originating from neighbouring properties.
24. Sun & Snow undertakes to provide the apartment with bed linen and towels for the maximum number of persons specified in the offer. Sun & Snow apartments are supplied with a small quantity of cleaning products provided by the cleaning service. The starter set is supplied once before the beginning of the stay.
25. If the rules specified in this section are breached, Sun & Snow has the right to retain funds paid as a security deposit to cover the cost of an additional, undeclared person staying in the apartment or the cost of restoring the apartment to its original or proper condition.
26. In the event of an exceptionally serious or disorderly breach of the rules specified in this section, Sun & Snow has the right to terminate the agreement with immediate effect and remove the Client and accompanying persons from the apartment.
27. During the stay in the Apartment, the Client may report any comments or requests by calling the telephone number provided on the information card issued on the check-in date.

§ 7
Contact details

1. Sun & Snow uses the following contact details:

• Telephone number of the Booking Department in Warsaw: +48 (22) 450 26 26
• Telephone numbers of local offices are available in the “Contact” section of www.sunandsnow.pl
• website address: http://www.sunandsnow.pl/
• email address: rezerwacja@sunandsnow.pl

2. The www.sunandsnow.pl website is owned by 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 online is governed by the Consumer Rights Act of 30 May 2014, which implements EU Directive 2011/83. Under this Act, 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, the Client is liable for all fees connected with the booking, meaning that the booking fee paid, equal to 30%, is forfeited and the Client is also required to pay the remaining stay fee, equal to 70%. The Client is not entitled to a refund of the one-off Apartment preparation fee.
4. If the Client exercises the right to withdraw from the agreement no more than 14 days before the planned check-in date, the entire amount paid for the booking is forfeited.
5. If the Client exercises the right to withdraw from the agreement more than 14 days before the planned check-in date, the booking fee equal to 30% of the booking value is forfeited.
6. Withdrawal from the agreement must be made by telephone or email using the contact details specified in § 7.

§ 9
Complaints

1. The Client has the right to submit a complaint concerning the conditions of the stay, service standards or other factors within Sun & Snow’s control. The Client has the right to pursue claims arising from the complaint in accordance with the applicable laws. The Client has 30 days from the end of the stay to submit a complaint.
2. For a complaint to be considered, it must be submitted in writing to the company’s registered office address available at www.sunandsnow.pl or electronically to reklamacje@sunandsnow.pl. The complaint should include the following information: the booking number and a description of the circumstances giving rise to the complaint.
3. The complaint will be considered within a maximum of 14 days of receipt. Information about the outcome of the complaint will be sent to the Client by email, post or telephone using the contact details provided by the Client. If the complaint is accepted, the Client will receive compensation proportionate to the loss suffered.
4. If Sun & Snow rejects a Consumer’s complaint and the Consumer disagrees with the decision, the Consumer may apply for mediation at the Mediation Centre of the Warsaw Bar Association of Attorneys-at-Law, in accordance with the Rules of the Mediation Centre of the Warsaw Bar Association of Attorneys-at-Law. An application for dispute resolution should be submitted to the Mediation Centre of the Warsaw Bar Association of Attorneys-at-Law at the following address: 15 Żytnia Street, unit 16, 01-104 Warsaw.

§ 10
Limitation of liability

1. Sun & Snow is not liable for difficulties in accessing the booking system at www.sunandsnow.pl for reasons beyond Sun & Snow’s control. Sun & Snow may suspend access to www.sunandsnow.pl for the period necessary to resolve technical or organisational issues.
2. Neither Sun & Snow nor the owner of the Apartment is liable for the Client’s property left in the Apartment, particularly for its loss or damage.
3. Neither Sun & Snow nor the owner of the Apartment is liable for any inconvenience that may arise during the Client’s stay in the Apartment for reasons not attributable to Sun & Snow or the owner, including, in particular, interruptions to electricity, gas or water supplies, as well as maintenance work carried out in the building in which the Apartment is located, within the building or outside it.
4. The Client undertakes to provide accurate information necessary to process the booking and enabling the Client to be identified. Incorrect or false information may make it impossible to provide the Client with information necessary for the Client’s stay in the Apartment. Sun & Snow is not liable if it is unable to contact the Client before arrival because the information provided by the Client is false or incorrect.

§ 11
Personal data

1. Sun & Snow pl Sp. z o.o., 4 Gałczyńskiego Street, 02-672 Warsaw, is the controller of personal data processed in connection with Users’ use of the Website and its functions. More information about the processing of personal data is available at Privacy Policy.