§ 1 – GENERAL RULES

1. These Rules and Regulations (hereinafter: Rules and Regulations) set out the terms and conditions for the use of parking spaces in the unguarded parking lot (hereinafter: Unguarded parking lot) and Five Seasons Aparthotel Karpacz in Karpacz, ul. Wilcza. The Rules and Regulations are an integral part of the parking space rental agreement concluded following the procedure specified in the Rules and Regulations.

2. The unguarded parking lot is managed by Osada Śnieżka Operator Sp. z o.o.. with its registered seat in Warszawa, ul. Widok 8, 00-023 Warszawa, entered in the register of entrepreneurs of the National Court Register under the item 000502497.

3. Each user of the unguarded parking lot, before starting to use the unguarded parking lot represents electronically, upon booking their stay at Five Seasons Aparthotel Karpacz, or by signing the residence card at Five Seasons Aparthotel Karpacz that they have read and accepted the provisions of the Rules and Regulations.

4. The unguarded parking lot does not provide storage service for vehicles or belongings.

5. The unguarded parking lot is open 24 hours a day, 7 days a week.

6. The unguarded parking lot is a paid parking lot according to the price list of the unguarded parking lot, attached to the Rules and Regulations, available in particular at the reception of Five Seasons Aparthotel Karpacz, and on the premises of the unguarded parking lot.

7. The unguarded parking lot is intended for persons using the services of Five Seasons Aparthotel Karpacz who, under the provisions of the Rules and Regulations, wish to use the additional service of a parking space rental in the unguarded parking lot when visiting Five Seasons Aparthotel Karpacz.

8. The parties to the rental agreement of a parking space in the unguarded parking lot are the manager of Five Seasons Aparthotel Karpacz and the owner or user of the vehicle, being a guest of Five Seasons Aparthotel Karpacz or using the services of Five Seasons Aparthotel Karpacz (hereinafter referred to as Guest).

§ 2 – RIGHTS AND OBLIGATIONS OF THE GUEST

1. The Guest has the right to use the additional paid service of renting a parking space in the Unguarded Parking Lot. The Guest shall pay for the Unguarded Parking Lot according to the payment rules specified in the Rules and Regulations of Five Seasons Aparthotel Karpacz and the price list of the unguarded parking Lot.

2. Before entering an unguarded parking lot with a vehicle and leaving it in a parking space of their choice, the Guest is required to conclude a parking space rental agreement with Five Seasons Aparthotel Karpacz and to read and accept the Rules and Regulations.

3. The conclusion of the agreement on the parking space rental in the unguarded parking lot occurs when the vehicle is brought into the unguarded parking lot to the selected parking space after the Guest registers their stay at Five Seasons Aparthotel Karpacz, confirms that they have read and accepted the Rules and Regulations and receives at the Five Seasons Aparthotel Karpacz reception a car tag (hereinafter referred to as: Ticket).

4. The guest is obliged to place the received tag in a visible place behind the windshield of the vehicle in a way that allows the information on the ticket to be read, and to drive the vehicle to a parking place of his choice in the unguarded parking lot.

5. The tag shall contain information about the registration plate number of the vehicle for which it was issued and the duration of the parking space rental.

6. On the premises of the unguarded parking lot, vehicle traffic shall take place within the provisions of the Traffic Law Act of June 20, 1997 (i.e. Journal of Laws of 2018, item 1990, as amended), to the extent necessary to avoid hazards to the safety of persons and resulting from road signs and signals.

7. When leaving the vehicle in the unguarded parking lot, the Guest should turn off all external and internal lights, audio-visual equipment, and other devices unnecessary while parked. This obligation does not include the alarm system, which should remain active.

8. When leaving a vehicle in the unguarded parking lot, the Guest is required to secure the vehicle against spontaneous movement. We also recommend securing the vehicle to prevent bystanders and unauthorised persons from gaining access to the vehicle, in particular by closing and locking all windows, doors, and other openings such as the sunroof, with the factory devices and alarm system.

9. When leaving a vehicle in the unguarded parking lot, the Guest is obliged to secure by themselves all possessed sets of keys or other devices allowing access to the vehicle, and vehicle documents (registration certificate, vehicle card, proof of vehicle insurance).

10. For the highest level of security and order in the unguarded parking lot, it is prohibited to a) cause any events that jeopardise the safety of life, human health, and property; b) drive a vehicle in a state after consuming alcohol or any other similarly acting intoxicant; c) consume alcohol or other intoxicants; d) store and leave in a vehicle: - documents, money, and other valuables; - living animals; - flammable, corrosive, explosive materials and other materials dangerous to life, human health, and property; e) littering the premises of the unguarded parking lot; f) smoking tobacco (including electronic cigarettes) and other intoxicants.

11. The Guest is obliged to immediately report to the reception of Five Seasons Aparthotel Karpacz or Five Seasons Aparthotel Karpacz security service about causing damage to the unguarded parking lot.

12. In case of losing the tag, the Guest is obliged to immediately report this fact at the reception of Five Seasons Aparthotel Karpacz to receive a duplicate.

§ 3 – DUTIES AND RESPONSIBILITIES of Five Seasons Aparthotel Karpacz.

1. Five Seasons Aparthotel Karpacz Resort is obliged to issue the Guest with a tag confirming the parking space rental agreement, its duration, and the registration number of the vehicle to which the parking space rental agreement applies.

2. Five Seasons Aparthotel Karpacz is obliged to make the Rules and Regulations available to the Guest.

3. Five Seasons Aparthotel Karpacz is obliged to make the parking space available to the Guest at a charge, for the duration of the parking space rental agreement.

4. Should Five Seasons Aparthotel Karpacz become aware of the occurrence of a crime, misdemeanour, or other event causing damage to the Guest or by the Guest, Five Seasons Aparthotel Karpacz shall immediately notify the Police.

5. Five Seasons Aparthotel Karpacz will inform the Guest of any irregularities and other incidents related to the performance of the parking space rental agreement.

6. Five Seasons Aparthotel Karpacz shall be liable under the rules specified in the provisions of commonly applicable law unless such provisions allow for the limitation or exclusion of liability, in which case the liability of Five Seasons Aparthotel Karpacz is limited or excluded to the extent permitted by the provisions of commonly applicable law.

§ 4 – PARKING IN PROHIBITED AREAS

On the premises of the unguarded parking lot, it is prohibited to park a vehicle: a) on access roads and roads intended to join traffic, b) on other roads appropriately marked with a no-parking sign or horizontal signs, c) on separated and marked places, except for vehicles authorised to use such places, d) in places where parking a car may cause danger to the passage of vehicles, persons, or property.

§ 5 – FINAL INFORMATION

1. It is forbidden to enter the unguarded parking lot with technically non-operational vehicles.

2. It is forbidden to enter the unguarded parking lot for vehicles with an external or internal load that poses a threat or obstruction to other users of the unguarded parking lot.

3. It is forbidden to enter the unguarded Parking lot for vehicles with trailers (except for motorcycles with trailers, the dimensions of which allow the positioning of a group of vehicles in a single parking space), as well as trucks with a permissible total weight of more than 3.5 tons.

4. In cases specified in points 1-3 above and other cases specified in the Rules and Regulations, Five Seasons Aparthotel Karpacz may refuse to conclude a parking space rental agreement.

6. The parking space rental agreement is concluded for the duration of the Guest’s stay at Five Seasons Aparthotel Karpacz unless the Guest and Five Seasons Aparthotel Karpacz have agreed otherwise.

7. If the Guest does not vacate the parking space any later than 11.00 a.m. on the last day of the parking space rental agreement (i.e. as a rule – the last day of the Guest’s stay at Five Seasons Aparthotel Karpacz), the parking space rental agreement is extended for an indefinite period upon payment of the rent due to Five Seasons Aparthotel Karpacz as the lessor according to the price list.

8. Using the unguarded parking lot without concluding a parking space rental agreement with the manager of the unguarded parking lot shall be charged according to the price list of the unguarded parking lot.

9. For matters not regulated in the Rules and Regulations, the provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code.

10. In the event of disputes arising out of the execution of the rental agreement, the competent court to resolve the dispute is the court of general jurisdiction. Information about amicable (non-judicial) ways of considering complaints and pursuing claims and the rules of access to these proceedings are contained in the regulations of Five Seasons Aparthotel Karpacz.

11. The rules for the processing of the Guest’s personal data are specified in the regulations of Five Seasons Aparthotel Karpacz. Any requests and objections can be addressed particularly in person to the reception of Five Seasons Aparthotel Karpacz or in writing to the address: Five Seasons Aparthotel Karpacz, ul. Wilcza, 58-540 Karpacz, or by e-mail at: rezerwacjakarpacz@fiveseasons.pl

PRIVACY POLICY

1. This Privacy Policy sets out the rules for the processing and protection of personal data provided by users in connection with their use of services offered by the website (hereinafter: Service).

2. To ensure the security of the personal data entrusted to it, the Controller operates following internal procedures and recommendations, in compliance with the relevant legal acts on the protection of personal data, and in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46 EC.

3. The Controller shall exercise due care to protect the interests of data subjects, and in particular, ensure that personal data are: a. processed lawfully; b. collected for specified, legitimate purposes and not subjected to further processing inconsistent with those purposes; c. substantively correct and adequate for the processing; d. stored in a form that allows the identification of data subjects for no longer than necessary to achieve the purpose of the processing.

4. Personal data is processed based on the consent expressed by the Website users and where the provisions of applicable law authorise the Controller to process personal data.

5. The Controller processes personal data provided voluntarily by the Website users solely for: responding to users’ inquiries submitted using the contact form, to the following extent: a. name and surname b. e-mail address c. telephone number

6. Personal data of the Website users shall not be sold or shared with third parties and shall be subject to profiling, i.e. automated processing to assess and determine the personal characteristics or needs of the users.

7. The data processed by the Controller can be accessed by the Website user who submitted the data. The user also has the right to modify this data, request its transfer to another entity, and limit or stop the processing of their personal data at any time. At any time, the user may also withdraw their previously granted consent to the processing of their data and request their removal from the website.

8. To exercise their rights as indicated in item 8 above, the Website user should contact the Controller using the same email address or telephone number provided to the Website to communicate with the facility.

9. The Controller performs the functions of obtaining information about users and their behaviour in the following ways: a. through voluntarily entered information in the form, b. through collecting cookies.

10. Upon the first visit on the website, the user is informed about the use of cookies. By continuing to use the website, the user accepts the use of cookies on the website. Failing to change, on the part of the user, the browser settings is equivalent to consent to the use of cookies.

11. Installing cookies is necessary for the proper provision of services on the Website. Cookies contain the information required for the proper operation of the website, especially information required for authorization. The user may at any time change the settings of their browser so that cookies are either accepted or rejected or that the user is notified not to place such cookies on their computer.

12. The Website uses the following types of cookies: a. session cookies – they remain in the browser until it is closed or the user logs out of the website on which they were deposited, b. permanent – they remain in the browser of the device until they are removed by the user or until a predetermined time is specified in the parameters of the cookies file.

13. The Website may contain links to other websites that operate independently of the Website and are not supervised by the Website in any way. These sites may have their own privacy policies and regulations, which we recommend the user reads carefully.

14. The Controller reserves the right to change the privacy policy of the website that may occur due to developments in Internet technology, possible changes in the law on the protection of personal data, and the development of the Website. We will inform users of any changes in a visible and transparent manner.