REGULATIONS OF THE HOLIDAY RESORT “Fantazja Resort Zator”

We kindly ask you to observe these regulations. They are intended to ensure the peace and safety of our guests.

• GENERAL PROVISIONS

–   These Regulations define the terms for renting camping cottages and using the accompanying infrastructure of the “Fantazja Resort Zator” holiday resort, as well as the liability of the parties in this regard.

–   The terms used in these Regulations mean:

–   Regulations – this document;

–   Resort – the holiday resort “Fantazja Resort Zator” located in Zator, Oswiecim County, Malopolska Province, at ul. Graniczna 5, 32-640 Zator.

–   Resort Administrator – the person managing the Resort: i.e. R.Z. Marek Sp. Jawna, 34-321 Lekawica, ul. Sloneczna 12, Kocierz Rychwałdzki KRS: 0000851898, NIP: 5532552470, REGON: 380371124, or an authorized person acting on their behalf;

–   Cottage – a camping cottage located within the Resort, intended for rental by Guests, furnished and equipped in a manner that allows use in accordance with its purpose;

–   Booking Party – a person who intends to make or has made a reservation for a Cottage in the manner specified in the Regulations, for themselves or for other Guests;

–   Guest – a natural person who actually uses the Cottage based on a confirmed reservation;

–   Additional Services – services other than Cottage rental, provided by the Resort to the Guest.

–   The Regulations are available on the Resort’s website and at its reception.

–   The Regulations constitute an integral part of the Cottage rental agreement. By making a reservation, the Guest confirms that they accept the terms of the Regulations.

• RESERVATION

–   A Cottage reservation can be made: by phone at 888-555-590, via the form on the website: www.fantazjaresort.pl, or in person at the Resort reception during operating hours.

–   A reservation may only be made by a person with full legal capacity.

–   The reservation must include at least: the Booking Party’s full name; their contact details (address, email, or phone); the number of persons (Guests) who will use the Cottage; the rental period (start and end dates). The Booking Party may also specify a particular Cottage.

–   The Resort may refuse to accept a reservation and conclude a rental agreement for any reason.

–   If the reservation is possible, the Resort Administrator (or online booking system) will promptly notify the Booking Party using the provided contact details, along with information about the bank account number for payment and the payment deadline.

–   The amount payable upon reservation is determined by the Resort Administrator (or online booking system). The reservation may be conditional upon full payment for the entire period covered by the reservation.

–   If the reservation cannot be made for any reason, the Resort Administrator (or online booking system) will inform the Booking Party accordingly.

–   Within the deadline specified in the notification referred to in point 5, the Booking Party is obliged to make payment in the amount indicated.

–   After payment, the Resort Administrator (or online booking system) will promptly confirm the reservation using the contact details indicated in point 3 of the Regulations.

–   The rental agreement is concluded upon confirmation of the reservation by the Resort. The agreement is concluded on the terms specified in the reservation and in these Regulations.

–   If the Booking Party fails to provide contact details or the details do not allow for the transmission of information or confirmations referred to in these Regulations, the reservation is left unprocessed and is not binding on either party.

• RENTAL PERIOD

–   Cottages are rented on a per-night basis (hotel nights).

–   A hotel night begins at 15:00 and ends at 10:00 the following day.

–   The Guest may begin using the Cottage from 15:00 on the check-in date and must vacate by 10:00 on the check-out date as specified in the confirmed reservation.

–   Prior to check-in, each Guest is required to provide the Resort Administrator with their personal details: full name, permanent address, and optionally: phone number, email address, PESEL number. With the Guest’s consent, the Resort Administrator may make a copy of the Guest’s identity document.

–   Guests must check in at reception by 10:00 on the day the rental period ends.

• EXTENSION OF RENTAL

–   The rental period may be extended upon request of the Guest or Booking Party under the conditions specified in this section.

–   The Resort may refuse to extend the rental for any reason, in particular due to unavailability of the Cottage or the Guest’s failure to comply with the rental agreement or Regulations.

–   If the Resort agrees to extend the rental, the extension is effective subject to payment by the Guest or Booking Party of the fee due for the subsequent rental period.

–   A Guest may not transfer the cottage to third parties, even if the paid rental period has not yet expired.

• ADDITIONAL SERVICES

–   Guests may use paid additional services provided by the Resort.

–   Additional services include, among others: use of a parking space within the resort, use of the Aqua-Spa zone, and other services listed in the price list referred to in §6 paragraph 1 of these Regulations.

–   The availability of additional services is subject to availability.

–   A contract for additional services is concluded upon confirmation by the Administrator of the possibility of providing the given service, on terms analogous to those for a Cottage rental reservation, after payment by the Booking Party or Guest for the entire service period.

–   Failure by any Guest to use a purchased additional service does not entitle them to refuse payment or demand a refund for that service, unless the service could not be used due to reasons attributable to the Resort.

• FEES

–   For renting a Cottage or providing additional services, the Resort charges fees as listed in the price list available at reception and on the Resort’s website.

–   Cottage rental fees are charged per cottage per hotel night. Fees for additional services are charged as a flat rate per hotel night for all Guests of one Cottage.

–   The full rental fee is collected by the Resort in advance at the time of reservation, in accordance with §2 of the Regulations. If the Booking Party declares payment by credit card, the Resort may pre-authorize the card or charge the full rental fee upfront.

–   Subject to paragraph 5 of this section, fees for additional services are collected by the Resort upon conclusion of the service agreement, in advance for all nights during which services will be provided.

–   The Resort may offer Cottage rental in a package with additional services, setting a single price per hotel night covering the entire package. In such cases, the full package fee is collected in the same manner as the Cottage rental fee.

–   The Resort may agree with the Booking Party or Guest on individually negotiated fees and collection terms. The Resort may also apply promotions or discounts to all or specific groups of Guests.

–   The Resort may offer non-refundable rates. These are binding on both parties if individually accepted by the Booking Party or Guest.

–   In cases specified in the Regulations, the Guest or Booking Party may be charged additional fees.

• RULES FOR USING COTTAGES AND THE RESORT

–   Only Guests for whom a confirmed reservation has been made are entitled to use the rented Cottage, for the period specified in the reservation.

–   The maximum number of persons accommodated in a cottage is 5.

–   Non-guests may be present on the resort grounds between 9:00 and 20:00, subject to the consent of the owner of Fantazja Resort Zator.

–   If a non-guest is present on resort grounds at the invitation of a Guest or Booking Party outside the hours specified above, such person is required to pay the fee for one person’s Cottage rental at the rate set by the Resort. The inviting Guest or Booking Party is jointly and severally liable for this payment.

–   Guests are obliged to use the Cottage, its furnishings, and the resort infrastructure in accordance with their purpose, the agreement, and these Regulations, in compliance with social coexistence principles, and in a manner that does not infringe on the rights, assets, or legitimate interests of third parties. Guests must respect other resort users’ right to rest and quiet, and refrain from behavior that disturbs peace and order.

–   Quiet hours are in effect from 22:00 to 6:00.

–   Guests are prohibited from rearranging Cottage furnishings, including wardrobes, beds, tables, sofas, desks, dressing tables, etc.

–   The use of immersion heaters, electric irons, and similar devices not included in the Cottage’s equipment is prohibited. This prohibition does not apply to chargers and power adapters for audio-visual and computer devices.

–   Smoking tobacco inside the Cottage and using open flames anywhere on the resort grounds is prohibited.

–   Bringing or keeping any animals on the resort premises is prohibited.

–   Guests are prohibited from making any alterations, repairs, renovations, or maintenance to Cottages or resort infrastructure.

–   Guests are obliged to notify Resort representatives of any damage, loss, or destruction to the Cottage, its furnishings, or resort infrastructure, even if such damage, loss, or destruction did not occur through their own fault.

–   Guests are prohibited from bringing onto the resort premises any items prohibited by law or items that, due to their properties, could cause property or personal damage, including flammable items, explosives, weapons, etc.

–   Conducting commercial activities on the resort premises by Guests is prohibited, including solicitation, door-to-door sales, gambling activities, or any other legally prohibited activities.

–   Guests are obliged to comply with the instructions of the Resort Administrator issued to maintain order and safety.

–   On the day the rental agreement ends, the Cottage must be returned to the Resort Administrator in an undamaged condition. Guests are obliged to remove all personal belongings from the Cottage and the resort grounds.

–   If any Guest leaves any belongings on the resort premises, the Resort Administrator will notify the Guest or Booking Party and request immediate collection. Left items are stored at the resort or at another location chosen by the Administrator, at the Guest’s expense and risk. The Resort Administrator is not liable for loss or damage to left items.

–   Arrivals of organized groups and organization of events must be reported to the Resort Administrator.

–   The Administrator has the right to refuse to allow events that were not reported and approved.

–   The provisions of this section apply accordingly to the use of additional services.

• RIGHTS AND OBLIGATIONS OF THE RESORT ADMINISTRATOR

–   The Resort Administrator is authorized and obliged to perform all Resort activities related to the rental agreement.

–   The Resort Administrator ensures the operation of the resort reception, available during resort operating days from 8:00 to 16:00.

–   The Resort Administrator is obliged to make the Cottage available exclusively to the Guests specified in the reservation and to enable Guests, along with other persons, to use the shared resort infrastructure.

–   Subject to paragraphs 7 and 8 of this section, the Resort Administrator is obliged to maintain order and safety on the resort premises, comply with social coexistence principles, and observe regulations governing the operation of such facilities and provision of services.

–   The Resort Administrator is obliged to maintain the Cottages, furnishings, and resort infrastructure in proper condition, including performing necessary repairs, maintenance, and renovations.

–   The Resort Administrator is obliged to ensure the Cottage is cleaned at the beginning and end of the rental agreement. During the rental period, the Administrator does not provide daily cleaning.

–   The Resort Administrator is not responsible for the proper performance of services by other entities providing additional services on the resort premises.

–   The Resort Administrator is not responsible for the actions or omissions of third parties, including the behavior of other resort users. In particular, the Resort Administrator is not liable to Guests or the Booking Party for other users’ non-compliance with their rental agreement or the Regulations.

–   In the event of a malfunction, damage, or a situation posing a risk of damage to persons or property, the Administrator is authorized to enter the rented Cottage and take measures to remedy the malfunction or damage. The Administrator should do so in the presence of at least one Guest, unless this is impossible, significantly difficult, or would cause unreasonable delay.

–   The Administrator is not responsible for interruptions in utilities (electricity, water, internet) caused by malfunctions. The Resort Administrator is obliged to make every effort to resolve such malfunctions as quickly as possible.

–   The Resort Administrator ensures the security of the Resort.

–   The Resort Administrator may establish regulations for the use of specific resort infrastructure elements or additional services (in particular: playground, pool, etc.). These regulations are binding on Guests if posted in a location where Guests can easily read them.

• LIABILITY AND PENALTIES

–   Guests are liable for any damage caused by them in the Cottage or Resort due to reasons attributable to them.

–   In particular, Guests are liable for damage to the structure of Cottages, their furnishings, and shared resort infrastructure.

–   Guests are also liable for damage caused by persons they have invited to the resort, jointly and severally with those persons.

–   Minors under 13 who are Guests must remain under the constant supervision of their legal guardians. Legal guardians bear financial responsibility for any damage caused by such minors.

–   Guests bear sole liability under general rules for damage caused by them to third parties, including other Guests. The Resort is not liable or co-liable for such damage.

–   In the event of a Guest’s violation of the provisions of these Regulations as specified in §6 paragraph 9, the Guest will be required to pay a penalty of PLN 400 per violation. The Resort may also seek damages exceeding the penalty amount. The penalty is payable upon demand by the Resort Administrator.

–   The Booking Party bears joint and several liability for damages caused by a Guest using the Cottage under a reservation made by the Booking Party, as well as for penalties imposed in accordance with the Regulations.

–   In the event of a Guest’s misconduct requiring the intervention of security or police, such Guest will be charged the costs of the necessary intervention, starting from PLN 2,000 and upward depending on the circumstances.

• CANCELLATION AND WITHDRAWAL FROM THE AGREEMENT

–   After making a reservation but before the rental period begins, the Booking Party has the right to cancel the Cottage rental under the conditions set out in this section.

–   Cancellation is made by submitting a statement to the Resort.

–   In the event of cancellation of a reserved stay due to reasons attributable to the Booking Party, the Booking Party will be charged a cancellation fee of:

–   20% of the fees due for the Cottage rental for the reserved period – if the reservation is cancelled 60 or more days before the check-in date;

–   50% of the fees due for the Cottage rental for the reserved period – if the reservation is cancelled 30 or more days before the check-in date;

–   100% of the fees due for the Cottage rental for the reserved period – if the reservation is cancelled less than 30 days before the check-in date.

–   If the reservation included a Cottage rental in a package with additional services, the basis for calculating cancellation fees is the total package fee for the entire reserved period.

–   Cancellation fees may be deducted from advance payments made by the Booking Party.

–   Any remaining balance to be refunded after deducting the cancellation fee will be promptly returned to the bank account from which payment was made, or in cash to the Booking Party.

–   If it turns out that the Resort Administrator had entered into a rental agreement with another person for the same period covered by the cancelled reservation, the Administrator may refund the cancellation fee charged, retaining the right to keep the difference between the original reservation fee and the amount charged to the new renter. A refund may occur after the expiry of the relevant reservation period, upon request by the Booking Party.

–   Cancellation of a Cottage rental is equivalent to cancellation of any additional services.

–   If additional services are not part of a package, they may be cancelled on terms analogous to those for Cottage rental cancellation (paragraphs 2, 3, and 5 of this section).

–   If the Cottage rental and services are offered as a package, it is not possible to cancel only the additional services while retaining the right to the Cottage rental. Such a cancellation shall be considered void.

–   The Resort Administrator may withdraw from the rental agreement in the event of:

–   delay in making rental payments by the due date;

–   the Guest’s breach of the rental agreement or these Regulations.

–   The Booking Party or Guest has the right to withdraw from the agreement due to a material breach of the rental agreement or Regulations by the Resort.

–   A withdrawal statement does not require setting an additional deadline for rectifying violations and takes immediate effect.

–   A withdrawal statement may apply to all or part of the rental and may be limited to the portion of the agreement relating to a specific Guest whose conduct was the reason for withdrawal.

–   Upon exercising the right of withdrawal, the Administrator will promptly refund the Booking Party any advance payments for the unused period of the rental, unless the withdrawal concerned part of the agreement relating to one Guest while the Cottage remains rented by other Guests.

–   Either party may seek compensation from the other in connection with the withdrawal. In the event of withdrawal due to reasons attributable to the Guest or Booking Party, the Resort Administrator may demand payment of fees as referred to in paragraph 3(c) for the unused remaining rental period.

• COMMENTS AND COMPLAINTS

–   If Guests have any concerns about the quality of services, they are kindly requested to report them immediately to the Resort Administrator, so that staff can respond and improve service standards.

–   Guests are entitled to submit complaints to the Resort Administrator within the timeframes and under the terms set forth in the Civil Code. Complaints should indicate the reason and include the relevant request. Complaints should be submitted in writing or by email.

–   The Resort Administrator will process the complaint within 14 days of its submission and will inform the complainant of the outcome.

• PERSONAL DATA – INFORMATION CLAUSE

–   Personal data provided by the Booking Party/Guest under the Regulations is processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and the provisions of this section.

–   The data controller is the Resort Administrator identified in §1 of the Regulations.

–   All inquiries regarding data processing may be directed to the Resort Administrator at: [email protected]

–   The personal data controller processes the Guest’s/Booking Party’s data based on applicable law, concluded agreements, and consent granted.

–   The personal data of the Booking Party/Guest is processed for the following purposes:

–   fulfilling the legal obligations of the Resort Administrator;

–   the reservation process and conclusion and performance of the Cottage rental agreement;

–   submitting, pursuing, and asserting claims arising from the rental agreement;

–   in other cases – personal data is processed solely based on previously granted consent, within the scope and for the purpose specified therein.

–   In connection with the processing of data for the purposes referred to in point 5, the recipients of personal data may be:

–   public authorities and entities performing public tasks or acting on behalf of public authorities, within the scope and for the purposes arising from generally applicable law;

–   other entities that, under relevant agreements concluded with the Resort Administrator, process personal data for which the Resort Administrator is the controller, in particular entities involved in the reservation process or claims handling.

–   Personal data will be stored for the period necessary to fulfill the purposes specified in point 5, and thereafter for the period and scope required by generally applicable law.

–   In connection with the processing of personal data, the Guest/Booking Party has the following rights:

–   the right to access personal data, including the right to obtain a copy;

–   the right to request rectification (correction) of personal data – where data is inaccurate or incomplete;

–   the right to request erasure of personal data (the right to be forgotten);

–   the right to request restriction of processing;

–   the right to data portability;

–   the right to object to processing.

–   The exercise of the above rights may be restricted in cases provided for by law.

–   Where processing of personal data is based on consent (Article 6(1)(a) GDPR), the Guest/Booking Party has the right to withdraw such consent at any time. Such withdrawal does not affect the lawfulness of processing carried out prior to the withdrawal.

–   In the event of becoming aware of unlawful processing of personal data, the Guest/Booking Party has the right to lodge a complaint with the supervisory authority competent in personal data protection matters.

–   Where processing is based on the data subject’s consent, providing personal data to the Administrator by the Guest/Booking Party is voluntary.

–   Providing personal data by the Guest/Booking Party is mandatory where the legal basis for processing is a statutory provision or an agreement concluded between the parties.

–   Personal data may be processed in an automated manner and will not be subject to profiling.

• FINAL PROVISIONS

–   Matters not regulated herein are governed by the provisions of the Civil Code and other applicable legal acts.

–   Disputes arising from these Regulations shall be resolved by the court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.

–   These Regulations may be amended by unilateral decision of the Resort Administrator.

–   The amended provisions of the Regulations shall not apply to rental agreements commenced and not yet concluded on the date the amendment takes effect.